The respondent must serve and file 3 copies of its record within 20 days after service of the applicant’s record.

What Should the Respondent’s Record Contain?

The respondent’s record should contain the following documents, in the same order as described:

(a) a table of contents giving the nature and date of each document in the record;
(b) each supporting affidavit and documentary exhibit;
(c) the transcript of any cross-examination on affidavits that the respondent has conducted;
(d) the portions of any transcript of oral evidence before a tribunal that are to be used by the respondent at the hearing;
(e) a description of any physical exhibits to be used by the respondent at the hearing; and
(f) the respondent’s memorandum of fact and law.

The pages of the respondent’s record should be numbered consecutively, for ease of reference at the hearing.

Last updated: October 9, 2016