GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 5.02
5.02 (1) Where a document is to be served personally, the service shall be made Individual (a) on an individual, other than a person under disability, by leaving a copy of the document with the individual; Corporation (b) on any corporation, by leaving a copy of the document with an officer, director or agent of the corporation, or with a person at any place of business of the corporation who appears to be in control or management of the place of business; Judge or Justice (c) on any judge or justice, by leaving a copy of the document with the judge or justice, or with a person in charge of the court office in the region, district, county or group of counties where the adjudication was made; Attorney General of Canada (d) on the Attorney General of Canada, by leaving a copy of the document with the regional office of the Attorney General of Canada at Toronto, the office of the Attorney General of Canada at Ottawa or the office of the prosecutor retained by the Attorney General of Canada having carriage of the proceedings; and, Attorney General of Ontario (e) on the Attorney General of Ontario, by leaving a copy of the document at the office of the Crown Attorney in the region, district, county or group of counties where the adjudication was made, or at the Crown Law Office (Criminal Law) of the Ministry of the Attorney General. (2) A person effecting personal service of a document need not produce the original document or have it in his or her possession.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 5.03
5.03 (1) Where these rules or an order of the court permit service by an alternative to personal service, service shall be made in accordance with this rule. Acceptance of Service by Solicitor (2) Service on a party who has a solicitor may be made by leaving a copy of the document with the solicitor, or an employee in the solicitor’s office, but service under this subrule is effective only if the solicitor endorses on the document or a copy of it an acceptance of service and the date of acceptance. (3) By accepting service the solicitor shall be deemed to represent to the court that the solicitor has the authority of his or her client to accept service. Service by Mail to Last Known Address (4) Service of a document may be made by sending a copy of the document together with an acknowledgment of receipt card (Form 6) by mail to the last known address of the person to be served, but service by mail under this subrule is effective: (a) only if the acknowledgment of receipt card or a post office receipt bearing a signature that purports to be the signature of the person to be served is received by the sender; and, (b) on the date on which the sender first receives either receipt, signed as provided by paragraph (a). Service at Place of Residence (5) Where an attempt is made to effect personal service at a person’s place of residence and for any reason personal service cannot be effected, the document may be served by: (a) leaving a copy, in a sealed envelope addressed to the person, at the place of residence with anyone who appears to be an adult member of the same household; and, (b) on the same day or the following day mailing another copy of the document to the person at the place of residence, and service in this manner is effective on the fifth day after the document is mailed. Service on a Corporation (6) Where the head office or principal place of business of a corporation cannot be found at the last address recorded with the Ministry of Consumer and Commercial Relations, service may be made on the corporation by mailing a copy of the document to the corporation at that address. SI/2014-5, s. 33(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 5.04
5.04 (1) Where it appears to the court that it is impractical for any reason to effect prompt personal service of a notice of application, notice of appeal or any other document required to be served personally or by an alternative to personal service under these rules, the court may make an order for substituted service or, where necessary in the interests of justice, may dispense with service. Effective Date of Service (2) In an order for substituted service, the court shall specify when service in accordance with the order is effective. (3) Where an order is made dispensing with service of a document, the document shall be deemed to have been served on the date of the order for the purpose of the computation of time under these rules.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 5.05
5.05 (1) Service of a document on the solicitor of record of a party may be made: (a) by mailing a copy to the solicitor’s office; (b) by leaving a copy with a solicitor or employee in the solicitor’s office; (c) by depositing a copy at a document exchange of which the solicitor is a member or subscriber, but service under this paragraph is effective only if the document or a copy of it and the copy deposited are date stamped by the document exchange in the presence of the person depositing the copy; (d) by telephone transmission of a facsimile of the document in accordance with subrule (3); or (e) by emailing a copy to the solicitor’s office in accordance with subrule (4). (2) Service of a document by depositing a copy at a document exchange under paragraph (1)(c) is effective on the day following the day on which it was deposited and date stamped, unless that following day is a holiday, in which case service is effective on the next day that is not a holiday. (3) A document that is served by telephone transmission shall include a cover page indicating: (a) the sender’s name, address and telephone number; (b) the name of the solicitor of record to be served; (c) the date and time of transmission; (d) the total number of pages transmitted, including the cover page; (e) the telephone number from which the document is transmitted; and, (f) the name and telephone number of a person to contact in the event of transmission problems. (4) Service of a document in accordance with paragraph (1)(e) is effective only if: (a) the email message includes (i) the sender’s name, address, telephone number, fax number and email address; (ii) the date and time of transmission; and (iii) the name and telephone number of a person to contact in the event of transmission problems; and (b) the solicitor of record provides an acceptance of service by email and confirms the date of the acceptance. If the email acceptance is received between 4 p.m. and midnight, service is deemed to have been made on the following day. SI/2014-5, ss. 4, 33(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 5.06
5.06 (1) Where a document is to be served by mail under these rules, a copy of the document shall be sent by prepaid first class mail or by registered or certified mail. Effective Date (2) Service of a document by mail, except under subrule 5.03(4), is effective on the fifth day after the document is mailed.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 5.07
5.07 Even though a person has been served with a document in accordance with these rules, the person may show on a motion to set aside the consequences of default, for an extension of time or in support of a request for an adjournment, that the document: (a) did not come to his or her notice; or, (b) came to his or her notice only at some time later than when it was served or is deemed to have been served.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 5.08
5.08 Where a document has been served in a manner other than one authorized by these rules or an order, the court may make an order validating the service where the court is satisfied that: (a) the document came to the notice of the person to be served; or, (b) the document was served in such a manner that it would have come to the notice of the person to be served, except for the person’s own attempts to evade service.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 5.09
5.09 (1) Service of a document may be proved by an affidavit of the person who served it in Form 7. Sheriff’s Certificate (2) Personal service or service under subrule 5.03(4) (service at place of residence) of a document by a sheriff or sheriff’s officer may be proved by a certificate of service in Form 8. Solicitor’s of Record Admission or Acceptance (3) A solicitor of record’s written admission or acceptance of service is sufficient proof of service and need not be verified by affidavit. Document Exchange (4) Service of a document under paragraph 5.05(1)(c) (document exchange) may be proved by the date stamp on the document or a copy of it. Electronic Service (5) Service of a document under subparagraph 5.01(5)(b)(iii) or paragraph 5.05(1)(e) may be proved by a certificate of service of the person who served the document stating that he or she: (a) has served the document by emailing a copy in accordance with subparagraph 5.01(5)(b)(iii) or subrule 5.05(4) and has received an acceptance of service, with the date and time of the acceptance; (b) has sworn an affidavit of service containing the particulars set out in the certificate of service; (c) has kept the affidavit of service; and (d) will produce, at the request of the court or a party, the affidavit of service. SI/2014-5, ss. 5, 33(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 6.01
6.01 (1) Where the Criminal Code or other federal enactment to which the procedural provisions of the Criminal Code apply, authorizes, permits or requires that an application or motion be made to or an order or determination made by a judge of or presiding in the superior court of criminal jurisdiction, or a judge as defined in s. 552 of the Criminal Code , other than a judge presiding at trial upon an indictment, the application shall be commenced by a notice of application in Form 1. (2) Rules 6.01 to 6.11 apply to all proceedings commenced by a notice of application, except where these rules expressly provide otherwise, or a judge of this court orders otherwise.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 6.02
6.02 Applications shall be made to a judge of the court in the county, district or region where the criminal proceedings to which the application relates are being or are to be heard.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 6.03
6.03 Every notice of application in Form 1 shall state: (a) the place and date of hearing in accordance with rule 6.02 and any other applicable rule; (b) the precise relief sought; (c) the grounds to be argued, including a reference to any statutory provision or rule to be relied upon; (d) the documentary, affidavit and other evidence to be used at the hearing of the application; and, (e) whether any order is required abridging or extending the time for service or filing of the notice of application or supporting materials required under these rules.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 6.04
6.04 (1) The notice of application shall be served on all parties in accordance with rule 5 and, where there is uncertainty whether anyone else should be served, the applicant may make a motion without notice to a judge for an order for directions. Filing Proof of Service (2) The notice of application in Form 1 and any other supporting materials required by the Code , other statutes or these rules, or ordered by a judge of the court, together with proof of service, shall be filed in the office of the clerk of the court in the place where the application is to be heard, not later than thirty (30) days before the date of the hearing of the application, unless otherwise ordered by a judge of the court, or unless subrule 20.04(1) applies. SI/2014-5, s. 6(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 6.06
6.06 (1) Unless otherwise ordered by a judge of the court, an application to which this rule applies shall be heard and determined by a judge of the court in the county or district in which the trial or other proceedings to which the application relates are being or are to be held. Date of Hearing (2) Unless otherwise ordered by a judge of the court, applications shall be heard on a date and at a time fixed by the Registrar on notice to all parties or their solicitors of record.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 6.07
6.07 (1) Evidence on an application may be given by affidavit in Form 4 and in accordance with rule 4.06, unless the Criminal Code or other applicable statute provides, or a judge of the court orders otherwise in accordance with rule 2.01. Service and Filing of Affidavit (2) Where an application is made on notice, the affidavits on which the application is founded shall be served with the notice of application and shall be filed with proof of service in the court office in the place where the motion or application is to be heard in accordance with subrule 6.05(1). (3) All affidavits to be used at the hearing in opposition to an application or in reply shall be served and filed with proof of service in the court office in the place where the application is to be heard in accordance with subrule 6.05(3). Cross-Examination on Affidavit (4) Subject to the Code or any other applicable statute or rule of law, an affiant may be cross-examined on his or her affidavit at the office of a special examiner in sufficient time in advance of the return date of the application to permit a transcript of the cross-examination to be served on all parties and filed within the time limits described in subrules 6.05(1) and (3), unless otherwise ordered by a judge of the court. SI/2014-5, ss. 8, 32(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 6.08
6.08 Subject to the Criminal Code or any other applicable statute or rule of law, a witness may be examined or cross-examined upon the hearing of an application with leave of the presiding judge, and nothing in these rules shall be construed to affect the authority of a judge hearing an application to receive evidence through the examination of witnesses.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 6.09
6.09 A judge, before or upon the hearing of the application, may dispense with the filing of any transcript(s) or affidavit(s) required in these rules and act upon a statement of facts agreed upon by the prosecutor and the accused person or his solicitor of record.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 6.10
6.10 (1) Where an applicant desires to abandon his or her application, he or she shall serve, in any manner provided by rule 5, a notice of abandonment in Form 9, signed by the solicitor of record in the application, or by the applicant (in which case the signature shall be verified by affidavit, solemn declaration or witnessed by a solicitor or an officer of the institution in which the applicant is confined). Dismissal as Abandoned (2) A judge of the court in chambers may thereupon dismiss the application as an abandoned application, without the attendance of the solicitor of record or the applicant. Dismissal for Failure to Appear (3) An applicant who fails to appear at the hearing of an application shall be deemed to have wholly abandoned the application, unless the court orders otherwise in accordance with rule 2.01.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 6.11
6.11 (1) Where it appears to the Registrar that a notice of application does not show a substantial ground for the order sought, the Registrar may refer the matter to a judge of the court for summary determination, and, where a matter is referred under this rule, a judge may, if he or she considers that the application is frivolous or vexatious and can be determined without a full hearing, dismiss the application summarily, without calling upon any person to appear for the respondent. Application by Respondent (2) Upon application by the respondent that a notice of application does not show a substantial ground for the order sought, a judge of the court may, if he or she considers that the matter is frivolous or vexatious and can be determined without a full hearing, dismiss the application summarily and cause the applicant to be advised accordingly.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 7.01
7.01 The Chief Justice of the Superior Court of Justice may from time to time issue practice directions not inconsistent with these rules, in relation to the supervision and direction of the sittings and the assignment of judicial duties and if issued, such directions may be made applicable to any or all regions.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 20.01
20.01 This rule applies to applications: (a) by an accused under subsections 520(1) and (8) and 522(1) of the Code ; (b) by the prosecutor under subsections 521(1) and (9) of the Code ; and, (c) by an accused or the prosecutor at any time prior to the trial, under subparagraph 523(2)(c)(ii) or subsection 523(3) of the Code .
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 20.02
20.02 Applications under rule 20.01 shall be made to a judge of the court in the county, district or region in which the accused is to be tried on the indictment to which the application relates.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 20.03
20.03 (1) The notice of application in Form 1 shall also state whether the accused is to be present at the hearing of the application. (2) Where the notice of application in Form 1 states that the accused is to be present at the hearing of the application, the application shall be accompanied by an affidavit which shall contain: (a) a statement as to the place of confinement at which the accused is presently incarcerated; (b) particulars of the date upon which the hearing of the application is anticipated to take place, together with a statement of whether the anticipated hearing date conflicts with any other proceedings in relation to the accused person; (c) a statement of the accused’s intention to be present at the hearing of the application; and, (d) a statement as to the name of the police force or police officer into whose custody it is proposed that the accused be transferred for the purpose of effecting the accused’s attendance at the hearing of the application, together with a draft order in Form 13A, and a judge may grant an order requiring that the accused be present at the hearing of the application ex parte and without the attendance of a solicitor of record.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 20.04
20.04 (1) The notice of application under rule 20.03 and supporting materials under rule 20.05 shall be served on the accused or prosecutor, as the case may be, in accordance with rule 5, at least 2 clear days prior to the date fixed for the hearing of the application, unless under s. 520(2) of the Code , the prosecutor otherwise consents. Manner of Service (2) Service of the notice of application and supporting materials shall be made in accordance with rule 5. Filing with Proof of Service (3) The notice of application and supporting materials, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least 1 day before the date fixed for the hearing of the application.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 20.05
20.05 (1) The notice of application in Form 1 under rule 20.03 shall be accompanied by: (a) where the applicant is the accused, the affidavit of the applicant, in accordance with rule 4.06, containing the matters required under subrule (2); (b) where the applicant is the accused and it is practicable to do so, the affidavit of the current or prospective employer by whom it is proposed that the accused be employed upon released; (c) where the applicant is the accused and it is practicable to do so, the affidavit of any person whom it is proposed shall serve as a surety for the accused, if released, disclosing his or her willingness to serve as a surety and the amount for which each is to be liable; (d) where the applicant seeks to review an order earlier made, a transcript of the proceedings on the judicial interim release hearing under section 515 or 522 of the Code , as the case may be, and of previous review proceedings, if any, taken before a justice or judge; and, (e) a legible copy of any exhibits, capable of reproduction, which were filed on the judicial interim release hearing and in any previous review proceedings. Affidavit of the Applicant (2) The affidavit of the applicant required by paragraph (1)(a) shall disclose: (a) the particulars of the charge on which release is sought and any other charge outstanding against the applicant, together with the date or dates scheduled for trial or preliminary inquiry in respect of such charges; (b) the applicant’s places of abode in the 3 years preceding the date of the offence charged and in respect of which release is sought, together with the place where the applicant proposes to reside if released; (c) the applicant’s employment in the 3 years preceding the date of the offence charged in respect of which release is sought, together with whether and where the applicant expects to be employed upon release; (d) the form of order upon which the applicant proposes that release be granted; and, (e) where the applicant proposes that release be by giving an undertaking with conditions or upon entering into a recognizance with sureties, deposit or conditions, where practicable, the terms and conditions of the order sought, including the amount of any recognizance or deposit, as well as the names of any proposed surety and the amount for which each proposed surety is to be liable. (3) Where the applicant is the prosecutor or where, as respondent, the prosecutor desires to assert that the detention of the accused is necessary in the public interest, and to rely on material other than required to be filed under subrule (1), the prosecutor may file an affidavit in accordance with rule 4.06 setting out the facts upon which reliance is placed, including the matters referred to in paragraph 518(1)(c) of the Code . Factum Not Required (4) No factum is required for the purposes of applications under this rule. SI/2014-5, s. 33(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 20.06
20.06 (1) An order directing the terms upon which an accused is to be released from custody upon application under this rule may be in Form 10. Sufficiency of Order (2) An order in Form 10 shall be sufficient authority for a justice to prepare the necessary undertaking or recognizance when satisfied that any condition precedent thereto has been met. Consent in Writing (3) The respondent may consent in writing to the order sought, upon terms included in a draft order in Form 10A, and a judge may grant such order without the attendance of solicitors.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 21.01
21.01 This rule applies to applications on behalf of the accused or the prosecutor for the release of an exhibit for the purpose of a scientific or other test or examination under s. 605(1) of the Code .
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 21.02
21.02 Applications under rule 21.01 shall be made to a judge of the court in the county, district or region in which the accused is to be or is being tried on the indictment to which the application relates.