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Remaining Procedure

If leave is granted, the Court produces the Certified Tribunal Record and the Applicant and Respondent have the option of filing a Further Affidavit and Further Memorandum. The Court also sets the matter down within 90 days of granting leave. These documents are critical as the legal tests for obtaining leave and successfully overturning a decision at the judicial are different. Both the Applicant and Respondent are also given a time period in which to cross-examine the deponent of the affidavit. Such cross-examinations are helpful but not always done as the cost can be prohibitive. After the Respondent’s affidavits are filed, the Applicant has 20 days in which to complete any cross-examinations. The entire court proceeding usually takes between 6 months to a year to conclude.

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