Criminal Rules of the Ontario Court of Justice (SI/2012-30)

Regulations are current to 2013-05-20 and last amended on 2012-07-01. Previous Versions

Marginal note:Time for trial applications

  • 2.5 (1) A trial application shall be heard at the start of the trial or during the trial, unless the Court orders otherwise.

  • (2) For the purposes of subrule (1), trial applications include

    • (a) applications under the Charter, such as applications that

      • (i) challenge the constitutionality of legislation,

      • (ii) seek a stay of proceedings, except for unreasonable delay under paragraph 11(b) of the Charter, or

      • (iii) seek the exclusion of evidence;

    • (b) complex evidentiary applications, such as applications for the admission of

      • (i) similar act evidence,

      • (ii) evidence of a complainant’s prior sexual activity, or

      • (iii) hearsay evidence; and

    • (c) applications for access to records held by persons who are not parties to the proceeding.

Marginal note:Time for other applications

2.6 An application to which neither rule 2.4 nor rule 2.5 applies, such as an application made by a witness or by the media, shall be heard at least 30 days before the trial, unless the Court orders otherwise.

Marginal note:Applications on consent

  • 2.7 (1) Subject to subrule (2), an application in which all the parties are represented by counsel or by licensed paralegals may be dealt with on consent, without a hearing, if a party files a consent in Form 3.

  • (2) If the Court is of the opinion that the application requires a hearing, a hearing date shall be ordered.

  • (3) An application in which a party is not represented by counsel or by a licensed paralegal may be dealt with on consent if

    • (a) a party files a consent in Form 3;

    • (b) the self-represented party appears before the Court; and

    • (c) the Court is satisfied that the party understands the nature of the consent and the consequences of giving it.

RULE 3 — SERVICE

Marginal note:Times for service

  • 3.1 (1) An application in Form 1 shall be served and filed with proof of service at least 30 days before the date of the hearing of the application.

  • (2) A response in Form 2 shall be served and filed with proof of service at least 15 days before the date of the hearing of the application.

  • Marginal note:Exceptions

    (3) Despite subrules (1) and (2), the time periods set out in those subrules may be shortened or lengthened

    • (a) by a local practice direction;

    • (b) by an order of the Court; or

    • (c) with the consent of the parties, except as described in rule 3.2.