FLD No. 57 of 2000 CANADA PROVINCE OF SASKATCHEWAN IN THE QUEEN’S BENCH (FAMILY LAW DIVISION) JUDICIAL CENTRE OF ESTEVAN BETWEEN: WILLIAM THOMAS BROWN PETITIONER - and JANE ALICE SMITH RESPONDENT NOTICE OF MOTION (FAMILY LAW PROCEEDING) TAKE NOTICE that an application will be made to the presiding Judge in Chambers at the Court House in Estevan, Saskatchewan, at eleven o’clock in the forenoon on Wednesday, the 20th day of June 2001, or so soon thereafter as the matter may be heard on behalf of the Petitioner, William Thomas Brown, for an order: 1.
Striking portions of the Affidavit of Jane Alice Smith filed herein as follows: Those portions highlighted in yellow ink in the photocopy of the said Affidavit attached to this Notice of Motion; and
Awarding to the Petitioner his costs on a solicitor-client basis for the costs incurred by the Petitioner in making this application and in being required to file an Affidavit in response to the offending material.
ON THE FOLLOWING GROUNDS: 1.
That the portions in question are irrelevant, argumentative, speculative, and/or hearsay and constitute an abuse of the process of this Honourable
Court; and 2.
That the Affidavit is contrary to the provisions of Rule 603 of The Queen’s Bench Rules with respect to its content, and it is also contrary to Subsection 8(b) of The Children’s Law Act, 1997, S.S. 1997, c. C-8.2.
AND FURTHER TAKE NOTICE that in support of this application will be read: 1.
This Notice of Motion with proof of service thereof;
The Affidavit of William Thomas Brown with proof of service thereof;
The other materials filed in support of the original Notice of Motion for interim custody and other relief;
Such further and other materials counsel may advise and this Honourable Court shall allow.
AND FURTHER TAKE NOTICE if you wish to oppose the motion, you or your lawyer must prepare an affidavit in response, serve a copy at the address for service given at the end of this document, and file it in the court office, with proof of service, at least 7 days before the date set for hearing the motion. You or your lawyer must also come to court for the hearing of the motion on the set date. AND FURTHER TAKE NOTICE that if you do not appear at the hearing an order may be made in your absence and enforced against you.
YOU WILL NOT
RECEIVE FURTHER NOTICE OF THIS MOTION. DATED at Estevan, Saskatchewan, this 19th day of June, 2001. DONOVAN AND COMPANY PER: _________________________ Solicitors for the Petitioner, William Thomas Brown TO:
Solicitors for the Respondent, JANE ALICE SMITH Branch & Anaston
Barristers and Solicitors 125 Main St. Prince Albert, SK S6V 4Y5 This document was prepared by: DONOVAN AND COMPANY Barristers and Solicitors 789 King St. Yorkton, SK S3N 2X3 Address for Service: same as above Lawyer in Charge of file: Lucy Diana Montgomery Telephone: Facsimile:
(306) 555-1111 (306) 555-2222