(1) An application to the Divisional Court or to the Superior Court of Justice for judicial review under the Judicial Review Procedure Act shall be commenced by notice of application, and where the application is to the Divisional Court the notice of application shall be in Form 68A. R.R.O. 1990, Reg. 194, r. 68.01 (1); O. Reg. 292/99, s. 1 (2).
(2) If the application is made to the Divisional Court and is not commenced at a regional centre, the local registrar in the place where it is commenced shall forthwith transfer a copy of the notice of application and of any material filed in support of the application to the court office in the regional centre of the region where the application is to be heard, and all further documents in the application shall be filed there. R.R.O. 1990, Reg. 194, r. 68.01 (2).
Divisional Court
(1) Rule 38, except as provided in subrule 38.01 (2), and rules 68.03 to 68.06 apply to applications to the Divisional Court for judicial review. R.R.O. 1990, Reg. 194, r. 68.02 (1).
Superior Court of Justice
(2) Rule 38 applies to applications to the Superior Court of Justice for judicial review under subsection 6 (2) of the Judicial Review Procedure Act. R.R.O. 1990, Reg. 194, r. 68.02 (2); O. Reg. 292/99, ss. 1 (2), 2 (1).
A notice of application shall state that the application is to be heard on a date to be fixed by the registrar at the place of hearing. R.R.O. 1990, Reg. 194, r. 68.03.
Applicant
(1) The applicant shall deliver an application record and a factum,
(a) where the nature of the application requires a record of the proceeding before the court or tribunal whose decision is to be reviewed, within thirty days after the record is filed; or
(b) where the nature of the application does not require such a record, within thirty days after the application is commenced. R.R.O. 1990, Reg. 194, r. 68.04 (1).
(2) The applicant’s application record shall contain, in consecutively numbered pages arranged in the following order,
(a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter;
(b) a copy of the notice of application;
(b.1) a copy of the reasons of the court or tribunal whose decision is to be reviewed, with a further typed or printed copy if the reasons are handwritten;
(c) a copy of all affidavits and other material served by any party for use on the application;
(d) a list of all relevant transcripts of evidence in chronological order, but not necessarily the transcripts themselves; and
(e) a copy of any other material in the court file that is necessary for the hearing of the application. R.R.O. 1990, Reg. 194, r. 68.04 (2); O. Reg. 219/91, s. 8.
(3) The applicant’s factum shall be signed by the applicant’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, and shall consist of,
(a) Part I, containing a statement identifying the applicant and the court or tribunal whose decision is to be reviewed and stating the result in that court or tribunal;
(b) Part II, containing a concise summary of the facts relevant to the issues on the application, with specific reference to the evidence;
(c) Part III, containing a statement of each issue raised, immediately followed by a concise statement of the law and authorities relating to that issue;
(d) Part IV, containing a statement of the order that the court will be asked to make, including any order for costs;
(e) Schedule A, containing a list of the authorities referred to; and
(f) Schedule B, containing the text of all relevant provisions of statutes, regulations and by-laws,
in paragraphs numbered consecutively throughout the factum. R.R.O. 1990, Reg. 194, r. 68.04 (3); O. Reg. 575/07, s. 30 (1).
Respondent
(4) The respondent shall deliver an application record and a factum within thirty days after service of the applicant’s application record and factum. R.R.O. 1990, Reg. 194, r. 68.04 (4).
(5) The respondent’s application record shall contain, in consecutively numbered pages arranged in the following order,
(a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter; and
(b) a copy of any material to be used by the respondent on the application and not included in the application record. R.R.O. 1990, Reg. 194, r. 68.04 (5).
(6) The respondent’s factum shall be signed by the respondent’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, and shall consist of,
(a) Part I, containing a statement of the facts in the applicant’s summary of relevant facts that the respondent accepts as correct and those facts with which the respondent disagrees and a concise summary of any additional facts relied on, with specific reference to the evidence;
(b) Part II, containing the position of the respondent with respect to each issue raised by the applicant, immediately followed by a concise statement of the law and the authorities relating to that issue;
(c) Part III, containing a statement of any additional issues raised by the respondent, the statement of each issue to be immediately followed by a concise statement of the law and the authorities relating to that issue;
(d) Part IV, containing a statement of the order that the court will be asked to make, including any order for costs;
(e) Schedule A, containing a list of the authorities referred to; and
(f) Schedule B, containing the text of all relevant provisions of statutes, regulations and by-laws that are not included in Schedule B to the applicant’s factum,
in paragraphs numbered consecutively throughout the factum. R.R.O. 1990, Reg. 194, r. 68.04 (6); O. Reg. 575/07, s. 30 (2).
Copies for Use of the Court
(7) The parties shall file three copies of their application records and factums for the use of the court. R.R.O. 1990, Reg. 194, r. 68.04 (7).
Material may be Filed as Part of Record
(8) Any material served by a party for use on an application may be filed, together with proof of service, as part of the party’s application record and need not be filed separately if the record is filed within the time prescribed for filing the notice or other material. R.R.O. 1990, Reg. 194, r. 68.04 (8).
Transcript of Evidence
(9) A party who intends to refer to a transcript of evidence at the hearing shall file three copies of the transcript with the application record and factum, despite subrule 34.18 (2) (time for filing transcript). R.R.O. 1990, Reg. 194, r. 68.04 (9).
(1) The applicant shall file with the application record a certificate of perfection,
(a) stating that all the material required to be filed by the applicant for the hearing of the application has been filed; and
(b) setting out, with respect to every party to the application and any other person entitled by statute or by an order under rule 13.03 (intervention) to be heard on the application,
(i) the name, address and telephone number of the party’s or other person’s lawyer, or
(ii) the name, address for service and telephone number of the party or other person, if acting in person. O. Reg. 260/05, s. 15.
(2) When the certificate of perfection has been filed, the registrar shall place the application on a list for hearing and give notice of listing for hearing (Form 68B) by mail to the parties and the other persons named in the certificate of perfection. R.R.O. 1990, Reg. 194, r. 68.05 (2).
Motion by Respondent
(1) Where the applicant has not,
(a) delivered an application record and factum within the time prescribed by subrule 68.04 (1); or
(b) filed a certificate of perfection as required by subrule 68.05 (1),
the respondent may make a motion to the registrar at the place of hearing, on ten days notice to the applicant, to have the application dismissed for delay. R.R.O. 1990, Reg. 194, r. 68.06 (1).
Notice by Registrar
(2) Where the applicant has not delivered an application record and factum and filed a certificate of perfection within one year after the application was commenced, the registrar may serve notice on the applicant that the application will be dismissed for delay unless the applicant delivers an application record and factum and files a certificate of perfection within ten days after service of notice. R.R.O. 1990, Reg. 194, r. 68.06 (2).
Registrar to Dismiss where Default not Cured
(3) Where the applicant does not cure the default within ten days after service of a notice under subrule (1) or (2) or such longer period as a judge of the Divisional Court allows, the registrar shall make an order in Form 68C dismissing the application for delay, with costs. R.R.O. 1990, Reg. 194, r. 68.06 (3).
Review of Registrar’s Dismissal
(4) A party affected by an order of the registrar under subrule (3) may make a motion under subrule 61.16 (5) to set aside or vary the order. R.R.O. 1990, Reg. 194, r. 68.06 (4).