You may need to make certain applications to court before your appeal comes up for hearing. Common types of applications are dealt with in s. 3.2 of this guidebook.
These applications are made in chambers, usually before a single judge. In all chambers applications, evidence is given in the form of affidavits. Applications can be scheduled for any day on which the court sits in chambers, usually from Monday to Friday, excluding holidays.
How to make a chambers application
Part 6 of the Rules tells you how to bring an application to court, in chambers. You must:
- Prepare a notice of motion in Form 6.
- If you intend to rely on facts at the hearing of the application, obtain an affidavit to set out those facts.
- File at least 4 copies of the notice of motion and affidavit – 2 for use by the court, one for yourself, plus one for each of the other parties.
- Serve one filed copy on each of the other parties at least 5 business days before the date set for hearing of the application.
It is a good idea to check with the other party before choosing a hearing date to ensure they are available at that time.
The hearing of your application must be completed within 30 minutes. That means that each party will have approximately 15 minutes to make their applications.
How to respond to a chambers application
You have the opportunity to respond to another party’s application. Rule 33(1.1) sets out the procedure to follow. You must prepare an affidavit that sets out your position. Then, within 2 business days of the hearing, you must:
- file one copy of the affidavit for use by the court, plus enough copies for each of the other parties; and
- serve one filed copy of the affidavit on each of the other parties.
What orders can a chambers judge make?
If you bring an application before a single justice in chambers, make sure that the judge has the ability to do what you are asking. In the Court of Appeal, some things require a division (three judges) to decide and some things can be decided by a single justice. Section 10(2) of the Court of Appeal Act tells you what the chambers judge can do:
- Make an order incidental to the appeal that does not involve a decision of the appeal on the merits.
- Make an interim order to prevent prejudice to a person.
- Make any order, if all parties consent.
- Extend or shorten the time limitations set out in the Act or Rules.
- Dismiss an appeal as abandoned if the appellant has failed to comply with a provision of the Act or Rules.
- When making an order, impose terms and conditions and give directions.