2009-09-16_Notice_Motion

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FORM 55, RULE 44(3)
No. «12345»
«Any Town» Registry
IN THE SUPREME COURT OF BRITISH COLUMBIA
RE: IN THE MATTER OF AN APPLICATION FOR AN ORDER PURSUANT
TO SECTION 91(5) OF THE LOCAL GOVERNMENT ACT, R.S.B.C. 1996, c. 323
«JANE ANN DOE»
PETITIONER
NOTICE OF MOTION
TO:
THE BOARD OF EDUCATION OF SCHOOL DISTRICT «NO.100
(ANY TOWN)»
«1234 Main Street»
«Any Town, British Columbia, V1A 2B3»
AND TO:
«ANY TOWN REGIONAL DISTRICT»
«567 Main Street»
«Any Town, British Columbia, V1A 2B3»
TAKE NOTICE that an application will be made by the Petitioner, «Jane Ann Doe», to
the presiding judge at the courthouse at «100 Main Street, Any Town, British Columbia »,
at a date and time to be set for an order that:
1. An order that the Petitioner be relieved from any and all obligations under the
Local Government Act (the “Act”) with respect to the opening, maintenance, use
and disclosure of a campaign account, as that term is defined in the Act, with
respect to the «2008» election for the office of «Trustee» for The Board of
Education of School District No. «100 (Any Town)»; and
2. Any and all other relief that this Honourable Court deems just.
The applicant will rely Part 4, Division 3 of the School Act, R.S.B.C. 1996, c. 412 and
Part 3, Division 8 of the Local Government Act, R.S.B.C. 1996, c. 323, and in particular
section 91 of the Local Government Act, and Rule 10 of the Rules of Court.
At the hearing of the application, the applicant will rely on the following affidavits:
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Affidavit of «Jane Ann Doe», sworn «March 25, 2009» (served herewith);
Affidavit of «Mary Smith», sworn «March 25, 2009» (served herewith);
and
Affidavit of «Michael Jones», sworn «March 25, 2009», (served herewith)
The applicant estimates that the application will take «15 minutes».
If you wish to receive notice of the time and date of the hearing or to respond to the
application, you must, within the proper time for response,
(a) deliver to the applicant
(i) 2 copies of a response in Form 124, and
(ii) 2 copies of each of the affidavits and other documents, not
already in the court file, on which you intend to rely at the hearing,
and
(b) deliver to every other party of record
(i) one copy of a response in Form 124, and
(ii) one copy of each affidavit and other document, not already in
the court file, on which you intend to rely at the hearing.
TIME FOR RESPONSE
If the application is for a final judgment under Rule 18A, the response must be delivered
on or before the 11th day after the delivery to you of the notice of motion.
In all other cases, the response must be delivered on or before the 8th day after the later of
(a) the last date fixed for entry of appearance by you, and
(b) the date on which the notice of motion was delivered to you.
Dated: «March 31, 2009»
______________________________
« Jane Ann Doe »
Petitioner
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