May I submit the notice of application for staying of proceedings now or is it too early?
I'll be using this template, please tell me if it's ok (begins in page 8 ):
Notice of Application Template
According to law, you need to file it 15 days before. There is no point to give them more time to prepare an answer, however they usually don't.
BTW, find form 4F and file it properly. You have to send it to 3 different places and get an affidavit of service to prove that you served your notice to the attorney general's office in the court. Otherwise they don't accept it.
There are two forms:
1) notice of application for staying of proceedings
2) 4F form?
Don't get confused. Form 4F is the same application. Read it here:
You have to follow a process to be able to prove in the court that you have served your notices correctly to three different level of justice system.
I filed a form 4F (Notice of Constitutional Question http://fyst.ca/question.htm) 15 days before the court date by:
1- Mailing it through registered mail to "Provincial Prosecutor's Office" and "Ontario Court of Justice" (the ones with the address on the ticket and court notice)
2- Faxing it to "The Attorney General of Ontario"
3- Faxing it to "The Attorney General of Canada"
I had a copy of the form, receipt for registered mail and the fax transactions in the court, but they ask for more. They wanted me to file it with the court personally together with an "Affidavit of service" signed by a "Commissionaire of Oath" 15 days before the court date to even look at it. I got an adjournment to file it correctly.
So do your paperwork carefully, otherwise you may be surprised in the court.
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