FORM 16 (RULE 34 (2) (A) )
Form 16 (Rule 34 (2) (a) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
MOTION BOOK
APPLICATION TO VARY AN ORDER OF A JUSTICE
| | |
|(Name of appellant) |(Name of respondent) |
| | |
|(Name of appellant’s counsel, if any) |(Name of respondent’s counsel, if any) |
| | |
|(Address of appellant or, if the appellant is represented, |(Address of respondent or, if the respondent is represented, |
|name and address of the appellant’s law firm) |name and address of the respondent’s law firm) |
COMPLETION INSTRUCTIONS
A MOTION BOOK MUST BE BOUND WITH A BUFF COVER AND MUST CONTAIN THE FOLLOWING MATERIAL IN CHRONOLOGICAL ORDER:
1. Reasons for judgment of the justice and a copy of the order under review, if available, or if no copy of the entered order is available, in the form agreed to by counsel;
2. Those parts of the reasons for judgment in the originating court that are relevant to this review application and the final order that is the subject of the appeal;
3. Those parts of the evidence filed before the justice that the applicant intends to refer to in argument;
4. Subsequent affidavits, if any;
5. A brief memorandum of argument, not exceeding 10 pages in length (exclusive of the table of authorities) divided into 5 parts, namely
Part I: A brief statement of facts,
Part II: A statement of the points in issue,
Part III: A brief argument setting out why the justice erred in making the decision under review,
Part IV: The nature of the order requested, and
Part V: A table of the authorities to be referred to, arranged alphabetically.
Appendices: If the applicant intends to rely on an enactment, a copy of the relevant sections of the enactment must be included.
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