Generally the winning party drafts the court order. The only exception is when all parties are representing themselves, when sometimes the judge will ask the court registry to draft the order. Usually, if you win, you should prepare the court order.
To be able to draft the order, you will need to know exactly what the judge said. Listen carefully to the judge. Make sure to note whether the judge orders or mentions court costs. If you win the judicial review, you can assume that you are entitled to court costs unless the judge expressly says that you are not.
If you can’t remember or did not understand what the judge said, you can look at the court clerk’s notes at the court registry or through Court Services Online. If necessary, you can order a transcript of the reasons or listen to the recording of the hearing at the court registry.
To draft the order, you will need:
- The name of the judge that heard your judicial review;
- The date of the hearing; and
- What the judge ordered, including whether the judge said that either party was entitled to court costs (if you think you are entitled to court costs and want to claim them, you must put it in the order).
Once you have drafted the order, it must be approved and signed by you and all the parties that appeared at the judicial review hearing, unless the court orders otherwise.
Once all the parties that appeared at the hearing have signed the order, you need to take it to the court registry and tell them that you want to file it. Keep a copy of the unfiled order for your records.
This is a blank order that you can download and fill in: Blank Order
This is an example order that you can use as a guide: Example Order