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.
(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.
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