4(1)Subject to this section, an application to the court under the Act or this Regulation shall be made in accordance with the Rules of Court.
4(2)An application under subsection 10(1) or 63(4), paragraph 64(2)(a), subsection 68(2), 73(8) or 74(9), paragraph 75(3)(b) or (c) or subsection 79(5), 80(4), 86(2) or 93(4) of the Act shall be by notice of motion.
4(3)In an application referred to in subsection (2), if the court considers it appropriate, the court may,
(a)
hear oral evidence, and
(b)
determine any matter or issue in a summary manner.
4(4)If an application referred to in subsection (2) is made by a person other than a sheriff and relates to a sheriff’s decision, the sheriff may file an affidavit, describing the circumstances that led to the decision, and take no further part in the proceedings, unless the court orders otherwise.
4(5)If an application under subsection 10(1) of the Act is made by a sheriff,
(a)
despite Rule 37.03(a) of the Rules of Court, the notice of motion may state either the precise order sought or the matter or issue on which the court’s determination or directions are sought, and
(b)
after serving the notice of motion and filing proof of service, the sheriff is not required to take any further part in the proceedings, unless the court orders otherwise.
4(6)A sheriff shall not be ordered to pay costs with respect to an application made under the Act or this Regulation.
4(1)Subject to this section, an application to the court under the Act or this Regulation shall be made in accordance with the Rules of Court.
4(2)An application under subsection 10(1) or 63(4), paragraph 64(2)(a), subsection 68(2), 73(8) or 74(9), paragraph 75(3)(b) or (c) or subsection 79(5), 80(4), 86(2) or 93(4) of the Act shall be by notice of motion.
4(3)In an application referred to in subsection (2), if the court considers it appropriate, the court may,
(a)
hear oral evidence, and
(b)
determine any matter or issue in a summary manner.
4(4)If an application referred to in subsection (2) is made by a person other than a sheriff and relates to a sheriff’s decision, the sheriff may file an affidavit, describing the circumstances that led to the decision, and take no further part in the proceedings, unless the court orders otherwise.
4(5)If an application under subsection 10(1) of the Act is made by a sheriff,
(a)
despite Rule 37.03(a) of the Rules of Court, the notice of motion may state either the precise order sought or the matter or issue on which the court’s determination or directions are sought, and
(b)
after serving the notice of motion and filing proof of service, the sheriff is not required to take any further part in the proceedings, unless the court orders otherwise.
4(6)A sheriff shall not be ordered to pay costs with respect to an application made under the Act or this Regulation.