questions re: 11b filing, thanks!

billses
Newbie
Newbie
Posts: 7
Joined: Thu Jun 09, 2011 2:40 pm

questions re: 11b filing, thanks!

by: billses on
Thu Jun 09, 2011 9:42 pm

After reviewing this and the ticket combat site, I still have some questions not answered, can anybody who filed 11b in the past can answer the following question? Thanks.

1. Do I have to use 'Notice of Application for Stay of Proceedings' instead of form 4F, will 4F work at all?
2. Do I have to swear the 'Notice of Application for Stay of Proceedings' or 4F even if I don't include any statement before serving Attorneys-General?
3. If I hand deliver the form or application to all parties and get stamped, do I need to swear anything like AFFIDAVIT OF SERVICE after hand delivery?
4. My trial is scheduled in Scarborough, can I swear at South Toronto Court ( which close to my location )?

Thanks a lot!


diehard
Member
Member
Posts: 149
Joined: Wed Nov 25, 2009 10:28 am

by: diehard on
Fri Jun 10, 2011 9:47 am

billses wrote:After reviewing this and the ticket combat site, I still have some questions not answered, can anybody who filed 11b in the past can answer the following question? Thanks.

1. Do I have to use 'Notice of Application for Stay of Proceedings' instead of form 4F, will 4F work at all?
2. Do I have to swear the 'Notice of Application for Stay of Proceedings' or 4F even if I don't include any statement before serving Attorneys-General?
3. If I hand deliver the form or application to all parties and get stamped, do I need to swear anything like AFFIDAVIT OF SERVICE after hand delivery?
4. My trial is scheduled in Scarborough, can I swear at South Toronto Court ( which close to my location )?

Thanks a lot!
Hi,

Read the sticky topic on this same section.
You'll see the answers to your questions there.
Just follow the steps. My 11b was also in Scarborough (Toronto East Office).

1. don't use the 4F form (that's for criminal cases). Use the Notice of Application.
2. The notices served to the Attorneys have to be sworn before. Read my steps.
3. Yes, the Affidavit of Service has to be used to prove you have served them.
4. Not sure about this one.


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Sun Jun 12, 2011 1:44 am

billses wrote:can I swear at South Toronto Court
You can certainly swear and curse all you want at... oh you're asking about swearing an oath... oops.

Okay, joking aside, you can get a document sworn by a Commissioner of Oaths at that courthouse, but you cannot submit the 11B to that courthouse; you have to submit it where the trial occurs... both the Prosecutor's office and the court. Either way, you'll have to deal with Scarborough, so you may as well either get it sworn in Scarborough (that way it's only one trip to one courthouse), or go see a separate Commissioner of Oaths or a Notary Public.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca




User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Thu Jun 16, 2011 12:23 am

I don't see why not... although you'd still need them to collect the stamps/proof of service.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Post Reply
  • Similar Topics

Return to “Courts and Procedure”

Who is online

Users browsing this forum: No registered users and 2 guests