Applications
by Ashley Hall
1. General principles
1.1. What? Proceedings decided on papers before the court
1.2. Parties? Applicants vs Respondents
1.3. Not suited for matters involving disputes of facts
2. Drafting
2.1. Notice of motion [attached is founding affidavit and sometimes supporting affidavits]
2.1.1. What? Making an application to court - this is done by the applicant and calls for the respondent to respond to the claim
2.1.2. Attached is founding affidavits
2.1.3. The respondent needs to reply
2.1.3.1. Oppose the claim = need to draft a notice of intent to oppose [prepare opposing affidavit]
2.1.3.2. Does nothing = applicant can get a default judgement
2.1.4. ALL AFFIDAVITS (FOUNDING OR OPPOSING] SERVES AS THE EVIDENCE BEFORE THE COURT
2.1.4.1. Inadmissible affidavits contains privileged communications [attorney-client, spouse or declared privileged] or if its based on either hear-say evidence or if it is excluded by court rules
2.1.4.2. Inadmissible evidence can be striked out