104. Service. An application shall be served on the opposing party or the lawyer for that party when so required, and on the coordinating judge or associate coordinating judge, with a notice of presentation of at least 10 days before the date set for the hearing, unless otherwise decided by the judge.
An application under the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), (1982, c. 11), must be announced not later than when the date of the trial is set. The judge must then set a schedule for service of the application and, where applicable, for the opposing party’s response.
If the judge believes it is advisable, the judge may instead order that such an application, as well as the opposing party’s response where applicable, be served before the date of the trial is set.
The application must also be filed at the court office as soon as possible after service.
O.C. 1099-2015, s. 104; O.C. 201-2021, ss. 34 and 36; Decision 2023-05-23, s. 1; Erratum, 2023 G.O. 2, 3079.