Applications on Procedural Matters Arising before Trial

In some actions, it is necessary to make applications on procedural matters arising before trial (which are called interlocutory applications). Usually, interlocutory applications are made to a master of the Court of Queen's Bench on the basis of affidavits (sworn statements) and transcripts of cross-examinations on those affidavits.

Common interlocutory applications include applications for particulars of allegations contained in pleadings, applications to compel responses to undertakings, and applications to determine the validity of objections made by counsel to questions asked at examinations for discovery.

Most interlocutory applications can be argued in half a day or less. However, there will usually be several months between the date of filing of the notice of the application and the hearing date.

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