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Jane Anne Smith and Tom Fredrick Smith are in the process of separating. They began living together July 2, 2000 and were married August 15, 2000. They have twin sons Mike Scott Smith and James Brian Smith, born June 22, 2005. They separated May 15, 2014. Jane filed a notice of family claim in Supreme Court of BC on November 2, 2014 and is claiming child and spousal support. She disclosed her Financial Statement (Form F8) to Tom on January 3, 2015 and requested he give her his. Tom did not, so she sent him a letter January 28, 2015 requesting Financial Statements. He still hasn’t done this.
Jane has decided to apply for an interim order for the disclosure of his financial statement form F8. She is relying on her first affidavit sworn February 5, 2015 to support her claim. She intends to make the application on February 15, 2015 at 10am at the Vancouver Supreme Court and estimates it taking 20min.
Fill in Ann’s F31 Notice of Application below with all the necessary details.
Form F31 (Rule 10-6(3))
Court File No.: 111111Court Registry: Vancouver
In the Supreme Court of British Columbia
NOTICE OF APPLICATION
Name(s) of applicant(s):
TAKE NOTICE that an application will be made by the applicant(s) to the presiding judge or master at the courthouse at on at for the order(s) set out in Part 1 below.
Part 1: ORDER(S) SOUGHTThe orders you want the court to make:
Part 2: FACTUAL BASISBrief summary of the facts that support what you’re asking the court to order:
Part 3: LEGAL BASIS
Identify the law you are basing your claim on:
Part 4: MATERIAL TO BE RELIED ONThe affidavits you’ll be relying on to persuade the court to make the orders you’re asking for the court to make. Affidavit #1 [number in the top right-hand corner of the affidavit] of [name], made [dd/mm/yyyy]:
The applicant(s) estimate(s) that the application will take .
This matter is within the jurisdiction of a master.
This matter is not within the jurisdiction of a master.
TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to respond to this notice of application, you must, within the time for response to application described below,
(a) file an application response in Form F32,
(b) file the original of every affidavit, and of every other document, that
(i) you intend to refer to at the hearing of this application, and
(ii) has not already been filed in the family law case, and
(c) serve the applicant 2 copies of the following, and on every other party one copy of the following:
(i) a copy of the filed application response;
(ii) a copy of each of the filed affidavits and other documents that you intend to refer to at the hearing of this application and that has not already been served on that person;
(iii) if this application is brought under Rule 11-3, any notice that you are required to give under Rule 11-3(9).
Time for response to application
The documents referred to in paragraph (c) above must be served in accordance with that paragraph,
(a) unless one of the following paragraphs applies, within 5 business days after service of this notice of application,
(b) if this application is brought under Rule 11-3, within 8 business days after service of this notice of application, and
(c) if this application is brought to change, suspend or terminate a final order or
to set aside or replace the whole or any part of an agreement filed under Rule 2‑1(2), within 14 business days after service of this notice of application.
Signature of applicant lawyer for applicant(s)
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