| (1) |
All applications to bring under review any decision or action of— |
| (e) |
any tribunal or board; or |
must be brought by way of notice of motion based on form 2 of Schedule 1 to these rules—
| (i) |
identifying the decision or action which the Court must review; and |
| (ii) |
calling upon the person or entity whose decision or action is to be reviewed, to dispatch to the Registrar— |
| (aa) |
the record of the proceedings and all documents relevant to the decision or action sought to be reviewed; and |
| (bb) |
his or her reasons for the decision or action, |
within fifteen days after receipt of the notice of motion, and to notify the applicant that he or she has done so.
| (2) |
The notice of motion must— |
| (a) |
be addressed to the Registrar and to the person or entity whose decision or action is to be reviewed and, where it is necessary or proper to give any other parties notice of the application, also to those other parties; and |
| (b) |
be supported by one or more affidavits containing the grounds for review and setting out the facts and circumstances upon which the applicant relies to have the decision or action reviewed and corrected or set aside. |
| (3) |
The Registrar must, upon terms which he or she considers appropriate to ensure its safety, make the record available for inspection— |
| (a) |
to the applicant; and |
| (4) |
The applicant must within twenty days after the Registrar has made the record available to him— |
| (a) |
cause copies of those portions of the record as may be necessary for purposes of the review to be made; |
| (b) |
certify those copies as true copies; and |
| (c) |
deliver those copies. |
The transcription and copying costs, if any, must be borne by the applicant and will be costs in the cause.
| (5) |
The applicant may, together with delivery of copies of the record under subrule (4)— |
| (a) |
amend, add to or vary the terms of his or her notice of motion by delivery of an amended notice of motion; and |
| (b) |
supplement any supporting affidavit. |
| (6) |
Should the entity or person whose decision or action is to be reviewed, or any other party, oppose the granting of the order prayed for in the notice of motion, he or she— |
| (a) |
must file a notice of appearance as prescribed in rule 25(1); |
| (b) |
may within fifteen days of receipt of— |
| (i) |
a notice listing the participating parties under rule 25(3); and |
| (ii) |
copies of the relevant portions of the record under subrule (4), |
deliver an answering affidavit together with any relevant documents; and
| (c) |
must, if he or she intends to raise a question of law only, deliver within the time limit stated in paragraph (b), a notice to that effect, setting forth the question of law. |
| (7) |
The applicant may deliver a replying affidavit or affidavits within ten days of receipt of any answering affidavits. |
| (8) |
The Court may, in its discretion, permit the filing of further affidavits. |
Mandating Procedures of Provinces Act, 2008
