Form 1-COR-1 – Notice of Application

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 1-COR-1 – Notice of Application?

Form 1-COR-1 is the standard notice you file to start a criminal application in the Superior Court of Justice. It tells the court, and every affected party, what order you want and why. It also sets a hearing date and confirms what evidence and law you will rely on.

You use this form when you want a judge to make a ruling before or during a proceeding. It covers issues the trial judge must decide outside the usual witness testimony. It also covers many post-committal and trial management issues. The form gives fair notice and organizes your request in a predictable format.

Who typically uses this form?

Defence counsel use it often. Accused people who are self-represented also use it. Prosecutors use it when they seek pretrial or trial orders. Third parties sometimes respond to it, or move to vary it. Common third parties include record holders or media. The co-accused may also be affected and must receive notice.

Why would you need this form?

You need it when you want to engage the court’s authority on a defined issue. You may seek to exclude or admit evidence. You may ask for more disclosure. You may request production from a non-party. You may ask to serve counts or accuse. You may seek an adjournment or set terms for a long application. You may ask to change the trial venue. You may ask to vary the release terms or return seized property. You may challenge a delay, a search, or a statement. You may ask for a publication ban or a sealing order. All of these requests need proper notice and a clear record. This form is the entry point for that process.

Typical usage scenarios

• You want the exclusion of evidence due to an alleged rights breach. You file this form to outline the order, grounds, and evidence. You attach your affidavit and your brief of authorities. You serve the prosecution and any co-accused.

• You need more disclosure. You have asked informally and by letter. You now want an order for disclosure. You file this form, set out the missing items, and the legal basis. You include correspondence to show efforts and relevance.

• You seek third-party records. You identify the record holder and the records sought. You set out the test and the factual basis. You serve the holder and the prosecution. You ask for a timetable and a publication ban if needed.

• Two co-accused create prejudice if tried together. You seek severance. You describe the prejudice and why severance helps. You estimate the hearing time. You ask for directions on jury selection or scheduling.

• You need an adjournment of a scheduled trial date due to late disclosure. You describe the late material and why more time is needed. You propose new dates. You confirm that you contacted the trial coordinator.

• You seek a publication ban to protect a complainant or witness. You provide the basis for the order. You describe the scope and the limits. You propose draft wording to avoid overbreadth.

• You seek a review of detention or release conditions in the Superior Court. You set out the change in circumstances or the error. You attach the transcripts and orders. You provide a realistic time estimate.

In all cases, the form sets the agenda. It tells the court and the other side what to expect. It helps ensure a fair hearing on a clear record.

When Would You Use a Form 1-COR-1 – Notice of Application?

You use this form whenever the Rules require a formal notice for a criminal application in the Superior Court. You file it for pretrial applications after committal to the Superior Court. You also file it for applications during trial, where time allows. In urgent cases, you may bring it on shorter notice with leave.

Defence counsel use it to organize pretrial litigation. You may have many issues to resolve before a jury is sworn. You may seek disclosure, admissions, and evidentiary rulings. You may need directions for a complex digital record. The form gives structure to those requests.

The prosecution uses it when it seeks advance rulings or orders. You may ask to admit similar-fact evidence. You may ask for a voir dire schedule. You may ask to excuse witnesses from exclusion orders. You may seek directions on privilege or protective measures.

Third parties receive it when their records or interests are at stake. A hospital or clinic may be asked to produce clinical files. A school board may be asked for records. A media outlet may be affected by a discretionary ban. The form allows them to know the scope and respond.

Self-represented accused use the form to access the same process. You can set out your request in a simple layout. You can list the order you seek, the facts, and the law. You can attach your documents and ask for a date. The court will expect the same clarity as from counsel.

You also use the form to manage scheduling. Complex cases need hearing windows and time estimates. The form includes a place for date, time, place, and length. You confirm that you have secured a date with the coordinator. You identify interpreters or accommodations. You indicate if you ask for a virtual hearing.

You avoid this form only when a statute sets a different process. Some notices have their own forms or deadlines. If a special code applies, follow that code. Otherwise, use this form for your criminal application in the Superior Court.

Legal Characteristics of the Form 1-COR-1 – Notice of Application

This form is procedural. It is not an order by itself. Filing it does not grant relief. It triggers a hearing where a judge will decide. Its legal force comes from the governing Rules of the Superior Court for criminal matters. Those Rules require notice, service, and a clear statement of the case. The form meets those requirements.

Enforceability depends on proper service, filing, and content. You must serve all affected parties. You must file the notice and your materials with the court office. You must follow the timelines set by the Rules or by a judge. If you fail to do so, you risk adjournment or dismissal. The court may also impose conditions or give directions.

The form must provide fair notice. That means you state the exact orders sought. You state the grounds in concise points. You identify the legal provisions you rely on. You list the evidence you plan to use. You estimate the time needed. You give a hearing date and location, or ask for one. You provide your contact information for service. These elements allow the other side to prepare and respond.

Affidavit evidence is often required. If you allege facts that are not in the existing record, swear an affidavit. Attach key documents as exhibits. Keep your affidavit to facts you can attest to. Avoid arguments in your affidavit. Save legal argument for your written argument and oral submissions.

Some applications affect privacy or public access. You should ask for a sealing order if your materials include sensitive information. You should seek a publication ban where the law permits and the facts support it. Do not file unredacted personal information without addressing these concerns. The court expects you to protect minors and vulnerable witnesses.

Ex parte relief is rare. If you ask for an order without notice, you must explain why notice is not feasible. You must explain the risk of harm if you give notice. You must be candid and fair, since the other side is not present. The court may limit any ex parte order and set a quick return date.

The form also supports case management. Judges rely on it to structure hearings and allocate time. Your time estimate should be realistic and conservative. Underestimate, and you risk running out of time. Overestimate and you may delay other cases. Confer with the other side to set fair estimates.

Finally, the form creates a clear paper trail. It shows what you asked for and when. It shows who you served and how. It records what evidence you used. That record matters if there is a review later. Clarity at the start helps clarity at the end.

How to Fill Out a Form 1-COR-1 – Notice of Application

The steps below track the usual layout of the form. Follow them in order. Use clear, plain language. Keep each point tight and specific.

Step 1: Confirm the court and file details

• At the top, insert “Ontario Superior Court of Justice.”
• Add the court location, including the city.
• Insert the correct court file number. Use the number on your indictment or file cover.
• If you do not have a number yet, ask the court office.

Check spelling and numbers. Errors here cause delays.

Step 2: Complete the style of cause

• Use the exact style of cause on the indictment or information.
• Do not change party names or order.
• If there are multiple accused, include them all.
• If an alias appears in the style, include it.

This section must match the existing record. Consistency helps indexing and scheduling.

Step 3: Identify the applicant and respondent(s)

• Insert your name as the applicant.
• Identify the respondent(s). This is usually the prosecution.
• Add co-accused as respondents if your order affects them.
• For third-party records, list each record holder as a respondent.

Clarity here ensures everyone receives notice and can respond.

Step 4: Set the hearing details

• Contact the trial coordinator to secure a hearing date and time.
• Confirm location and mode (in person, virtual, or hybrid).
• Insert the date, time, courtroom, and address as provided.
• If you cannot secure a date before filing, state “on a date to be set.”
• Add your realistic time estimate for the hearing.

If you ask for a virtual hearing, explain why. Note any technology needs.

Step 5: State the relief you seek

Create a short list of precise orders. Use simple, numbered paragraphs. Examples:

• An order excluding [identify the evidence].
• An order requiring disclosure of [identify the items].
• An order for production from [identify the holder] of [identify records].
• An order severing [identify counts or accused].
• An order adjourning the trial to [proposed dates].
• An order imposing a publication ban in the terms attached.
• An order sealing [identify materials] until further order.
• An order returning [identify property] to [name].
• An order varying release terms to [specify changes].

Avoid vague language. Avoid open-ended requests. Every order should be enforceable as written.

Step 6: State the grounds in concise points

List the key facts and legal grounds. Use short, numbered paragraphs. Start with the factual context. Then list the legal tests and how you meet them. Keep it tight. Examples:

• Police obtained [item] after [describe event].
• The search lacked [identify legal safeguard].
• The admission of [evidence] would cause unfairness.
• Further disclosure is necessary for a fair trial.
• Records sought are likely relevant to issues at trial.
• A joint trial would cause undue prejudice that limits fairness.
• Late disclosure requires more time to prepare.

Do not argue in this section. Save a detailed argument for your factum or oral submissions.

Step 7: Identify the evidence to be used

The form asks what documentary evidence you will rely on. List each item:

• Applicant’s affidavit of [name], sworn on [date], with exhibits.
• Transcripts of [hearing dates], certified.
• Disclosure documents [identify by date or label].
• Correspondence between counsel dated [dates].
• Expert report of [discipline], dated [date].
• Agreed statement of facts, if available.
• Any will-say summaries, if permitted.

Attach affidavits to your application record. Ensure exhibits are legible and paginated. If you will rely only on the existing record, say so. If you require witnesses for a voir dire, say so and estimate time for them.

Step 8: Cite the legal basis

Include a short list of the legal provisions and rules you will rely on. Identify them by section or rule number if you can. Keep it precise. Do not include long quotations in the form. Reserve that for your brief of authorities.

If you will rely on case law, say so in general terms. You will attach or file a separate book of authorities if required. Check local practice for formatting and deadlines.

Step 9: Add any confidentiality or ban requests

If you seek a publication ban or sealing order, include that in the relief section. Also, add a short note here:

• Identify the risk the order addresses.
• Confirm you will provide draft wording.
• Confirm you will serve any affected media if required.

Do not file unredacted sensitive data unless necessary. Consider a redacted public copy and a sealed unredacted copy.

Step 10: Provide accessibility and language details

State if you need an interpreter. Identify the language and dialect. State if you or any witness needs accommodation. Early notice helps the court plan.

Step 11: Insert your contact information

Provide your name, firm (if any), address for service, phone, and email. If you are counsel, include your professional number if the form asks. This information must be current. The court and other parties will use it to contact you.

Step 12: Complete the service list

List every party and non-party you will serve:

• Prosecution office and counsel of record.
• Co-accused and their counsel.
• Record holders for third-party production.
• Any other party affected by your orders.

Use full mailing addresses and emails. Accuracy ensures proper and provable service.

Step 13: Sign and date the form

Sign above your printed name. Add the date and city. If you are counsel, sign as counsel of record. If you are self-represented, sign as the applicant.

Step 14: Prepare and attach schedules if needed

If the form space is tight, attach schedules:

• Schedule A: Orders Sought.
• Schedule B: Grounds.
• Schedule C: Evidence List.
• Schedule D: Draft Order.

Reference each schedule in the main form. Keep pagination consistent across the package.

Step 15: Assemble your application record

Create a clean, paginated record:

• Notice of Application.
• Affidavits and exhibits.
• Transcripts and key documents.
• Draft order.
• Index and page numbers.

Bind or staple as permitted by local practice. Create an electronic copy if filing electronically.

Step 16: Serve the materials

Serve all listed parties within the timelines set by the Rules or a judge’s directions. Use a method that provides proof of service. Email service may be allowed if consented to. Keep delivery receipts and confirmations.

If a third party is a corporation or institution, serve the proper office. For media notice, follow local practice. If you seek ex parte relief, include an explanation and proposed terms.

Step 17: File the materials with the court

File the notice and your supporting record with proof of service. File within the required timelines. Confirm whether the court requires hard copies, electronic copies, or both. Include the hearing date confirmation from the coordinator, if you have it.

Criminal filings generally do not require a fee. Confirm any copying or certification requirements with the court office.

Step 18: File any required confirmations or facta

Some courts require a confirmation close to the hearing date. Some require a brief argument with set deadlines. Check your scheduling endorsements or directions. File on time. Serve the other side.

Step 19: Prepare for the hearing

Confirm your time estimate and witness plan. Prepare a concise outline of submissions. Bring extra copies of key documents. Ensure your draft order matches the relief you seek. Be ready to address jurisdiction, notice, and prejudice.

Step 20: Update the court if anything changes

If you settle an issue, advise the court and the other side. If you need to adjourn, seek consent early. File a revised notice if your relief changes materially. Do not surprise the court on the hearing date.

Practical tips

• Keep sentences short and clear in form. Avoid arguments in the grounds section.
• Use numbered paragraphs for orders and grounds. This aids reference during the hearing.
• Time estimates should include openings, witnesses, cross-examination, and reply.
• Confer with the other side to narrow issues and set a joint timetable.
• Protect confidential information. Use redactions and proposed sealing where needed.
• Proof of service matters. Keep it organized and ready for the judge.

If you follow these steps, your notice will be clear, complete, and ready for scheduling. The court will understand what you want, why you want it, and how long it will take. That is the purpose of Form 1-COR-1.

Legal Terms You Might Encounter

• Applicant means the party that starts the application. On this form, you are the Applicant. You set out what you want and why.
• Respondent means the party who answers the application. You name each Respondent on the form. List every person or office that your request affects.
• Relief sought is the specific order you want the judge to make. State it clearly on the form. Be precise, not general. For example, ask to exclude identified evidence or seek a set ruling.
• Grounds are the legal reasons for the relief. You explain the grounds in short, clear points on the form. Support them later with affidavits and an argument.
• Affidavit is a sworn statement of facts. Your affidavit, or another person’s, supplies the evidence for your application. The form refers to affidavits you will rely on.
• Exhibits are documents or items attached to an affidavit. You reference exhibits by letter or number in the affidavit. If the form lists materials, make sure exhibits appear there too.
• Service means delivering your application to the other parties. The form prompts you to identify who must receive it. You must serve it in the way the rules allow and keep proof.
• Filing means submitting the signed form and materials to the court. After you serve, you file the package with proof of service. The form is not active until you file it.
• Return date is the first court date for your application. You set or confirm it based on the scheduling process in your case. The form must show the date, time, and location or format.
• Proposed order is a draft of the order you want. You may attach it so the judge can see the exact wording. Keep it consistent with the relief sought on the form.

FAQs

Do you need to attach affidavits to the Notice of Application?

Yes. The notice tells the court what you want and why. Your affidavits supply the facts to support those reasons. Attach or serve the affidavits with the notice unless a timetable says otherwise. Make sure the affidavits and exhibits match what you describe in the notice.

Do you choose the hearing date before serving the notice?

Follow the scheduling process already set in your case. Some applications require you to secure a date before service. Others require you to propose a date and confirm it later. If you have directions from a prior appearance, follow them. If not, select a realistic date that meets the timelines in the rules and leave room for responses.

How many copies do you need?

Prepare at least one for filing, one for each Respondent, and one for you. Add extra copies for any participants who must receive notice. Keep a clean working set for the judge if directed. Always keep one stamped copy for your records after filing.

Can you amend the Notice of Application after serving it?

Yes. If you need to change the relief, grounds, or date, prepare an amended notice. Highlight the changes or use a fresh version with a new date. Serve it on all parties and file it with updated proof of service. If your hearing is soon, you may need permission to amend or a short adjournment.

Do you have to file a factum or brief with this form?

That depends on the rules that apply to your application and any directions made in your case. Some matters need a written argument. Others proceed on the notice, affidavits, and oral submissions. If a timetable or earlier endorsement requires a brief, file it on time and serve it.

What happens if you miss a service or filing deadline?

Act quickly. Late service or filing can lead to an adjournment or the application not being heard. You may need permission to proceed later. Provide a clear explanation and show there is no unfair prejudice. Update your dates if needed and re-serve promptly.

Who do you serve with the Notice of Application?

Serve every party named in your proceeding and anyone directly affected by the order you seek. If there are multiple Respondents, serve each one. If you seek relief that affects a non-party, add them as a Respondent or serve them as required. Keep proof of service for each.

Can you proceed on consent without a full application?

If everyone agrees to the relief, you can often file a draft order on consent with brief supporting materials. Some issues still need a hearing, even with consent. If a hearing is required, file your notice and attach the consent or explain the agreement in your materials.

Checklist: Before, During, and After the Form 1-COR-1 – Notice of Application

Before signing: information and documents to gather

• Your case name and file number, exactly as they appear in your case.
• Full names and contact details for each Respondent.
• Clear relief wording you want the judge to order.
• Short, accurate grounds for the relief.
• Your affidavits and exhibits, or a plan and deadline to serve them.
• Any transcripts you will rely on are identified by date and page range.
• The return date, time estimate, and hearing format, if already set.
• A proposed order that matches the relief sought.
• Prior endorsements or directions that affect timing or format.
• A service list and method of service for each party.
• Are any accommodations needed for you or a witness?
• Your availability and the Respondents’ availability for the date.

During signing: sections to verify

• You are using the correct form and the most current version.
• The style of the cause and file number is exact and consistent.
• The relief sought is precise, complete, and enforceable as written.
• The grounds are concise, factual, and linked to the relief.
• The return date, time, location, and format are accurate.
• The time estimate is realistic for submissions and questions.
• All referenced affidavits and exhibits exist and are ready or scheduled.
• The proposed order mirrors the relief and contains no new terms.
• Your name, address, phone, and email are correct and legible.
• The signature and date appear where required, in ink or as allowed.
• Page numbers, paragraph numbers, and headings are clear and consistent.
• No confidential information appears unless required and justified.
• You removed track changes, notes, or draft watermarks from the final.

After signing: filing, notifying, and storing

• Make a complete set of copies for filing, service, and your records.
• Serve each Respondent by a permitted method and keep proof of service.
• File the signed notice and supporting materials with proof of service.
• If needed, complete any confirmation required before the hearing.
• Calendar response, cross-application, and reply deadlines.
• Track any directions you receive after filing and update your plan.
• Prepare a hearing brief or compendium if required.
• Arrange for any interpreters or accommodation needs in advance.
• Bring or upload all materials in the format the judge prefers.
• Store a stamped copy and all proofs of service in a secure folder.

 Common Mistakes to Avoid Form 1-COR-1 – Notice of Application

• Vague or overbroad relief. Don’t ask for “such further orders as may be just” without specifics. Consequence: the judge may refuse the order or require you to re‑draft and return.
• Missing or incorrect return date details. Don’t leave the date, time, or format blank or guess. Consequence: the court may not schedule the matter or may remove it from the list.
• Weak or missing grounds. Don’t list only conclusions. Tie each ground to a fact and authority you will provide. Consequence: the application may fail or be adjourned for proper materials.
• Incomplete service. Don’t forget to serve every affected party and to keep proof. Consequence: the judge may not hear the application or may set it aside.
• Unrealistic time estimate. Don’t say 15 minutes if you need an hour. Consequence: you may be cut off, or the matter may be adjourned to another date.

What to Do After Filling Out the Form 1-COR-1 – Notice of Application

1. Proofread once more. Confirm names, dates, relief, and grounds. Correct any typos.
2. Prepare your affidavits and exhibits. Have them sworn and paginated.
3. Create service copies. Include the notice, affidavits, exhibits, and any draft order.
4. Serve all Respondents by a permitted method. Record who, how, and when you served.
5. File the notice and materials with proof of service. Include any cover or checklist the office requires in your case.
6. Confirm or book the return date if that step is still required. Get the time and format settled.
7. Calendar deadlines. Note when responses and any replies are due.
8. Receive and review the Respondents’ materials. Plan your reply and oral submissions.
9. File any confirmation required for the hearing list. Do this by the deadline.
10. Prepare your hearing package. Organize a brief with key documents and pinpoint references.
11. Test your appearance plan. If virtual, test your connection and naming format. If in person, plan arrival and materials.
12. Consider amendments early. If you must change the relief, serve an amended notice and seek any needed permission.
13. Seek an adjournment promptly if needed. Explain why and propose a new date within expected timelines.
14. If the matter resolves, file a consent order or a notice of abandonment, as appropriate. Make sure everyone is informed.
15. Attend the hearing. Bring your notice, affidavits, exhibits, draft order, and an outline of submissions.
16. After the hearing, settle the order. Ensure the wording matches the ruling exactly.
17. Serve the signed order on the other parties if required. Keep proof in your file.
18. Diarize any follow‑up steps in order. Comply with the deadlines.
19. Store the complete record. Keep the stamped notice, proofs of service, and the order together.
20. Consider the next steps. If part of your case continues, update your overall strategy and schedule.