Marginal note:Format of factum
71 The format of the factum shall comply with the following rules:
Marginal note:Colour of cover
(a) the colour of the cover shall vary according to the party — yellow for the appellant, green for the respondent and grey for the other parties;
Marginal note:Front cover
(b) the front cover shall set out the following:
(i) the court file number assigned by the Clerk,
(ii) the court that rendered the judgment appealed from, the judicial district, the name of the judge, the date of the judgment and the court file number,
(iii) in the following order, the names of the appellant, the respondent and, if applicable, the other parties and; under each party’s name, that party’s status in the appeal shall be indicated in upper-case letters and the party’s status in first instance shall be indicated in lower-case letters,
(iv) the identification of the factum according to the status of the party filing it, and
(v) the name of the party’s counsel;
Marginal note:Table of contents
(c) the first volume of the factum shall contain a general table of contents at the front, and each subsequent volume shall contain a table of its contents;
(d) page numbers shall be indicated in the upper left-hand corner of each page of the factum and at the top of each page of the schedules;
Marginal note:Number of pages
(e) except where a Judge has permitted otherwise, the argument shall not exceed 30 pages in length;
Marginal note:Characters and spacing
(f) the text of the argument shall have at least one and one-half spaces between the lines, with the exception of quotations, which shall be single-spaced and indented, the characters shall be in 12-point font size and there shall be no more than 12 characters per 2.5 cm;
Marginal note:Numbering of paragraphs
(g) the paragraphs of the argument shall be numbered; and
Marginal note:Numbering of volumes
(h) if there is more than one volume, the volume number and the sequence of pages contained therein shall be indicated on the cover and bottom edge of each volume.
Marginal note:Exhibits — Layout
72 (1) Each exhibit or excerpt therefrom shall begin on a new page with a heading indicating the date and, where possible, the nature and number of the exhibit. So far as possible, the exhibits shall be reproduced in chronological order, rather than in the order of filing in first instance.
Marginal note:Exhibits — Clarity
(2) All exhibits included in the schedules shall be legible. If they are illegible, they shall be accompanied by a legible text. Photocopies of photographs shall be permitted only if they are clear.
Marginal note:Depositions — Layout
73 (1) Each deposition or excerpt therefrom shall begin on a new page with a heading setting out the witness’ surname in upper-case letters, followed the first time only by parentheses containing the witness’ given name, as well as, if they have been disclosed at first instance, the age, the occupation and the residence of the witness. The heading shall also contain the following information, listed in abbreviated form:
Marginal note:Depositions — Format
(2) Depositions or excerpts therefrom may be reproduced in a condensed format (four pages in one), provided that the font is equivalent to Arial 10 and that each page contains a maximum of 25 lines numbered in the left margin.
Marginal note:Printing and binding
74 The factum shall be bound so that the pages of the argument and Schedule 1are printed only on the left and the pages of Schedules 2 and 3 are printed on both sides.
Marginal note:Number of sheets
75 Each volume shall contain no more than 225 sheets of paper.
76 (1) At the end of the schedules, the party or the party’s counsel shall attest that the factum is in compliance with these Rules and that the original or paper copies of all the depositions obtained have been placed at the disposal of the other parties, free of charge. The same obligation applies, mutatis mutandis, when the depositions are in computer format.
Marginal note:Duration of hearing requested
(2) In addition, the party or the party’s counsel shall indicate the length of time requested for oral argument.
Marginal note:Refusal of factum
(2) The Clerk shall notify counsel or any party not represented by counsel of the refusal.
Marginal note:Effect of refusal
(3) A factum that has been refused shall be deemed not to have been filed unless the irregularity is corrected within the time limit the Clerk determines.
Marginal note:Time limit
(4) This time limit shall be reasonable in light of the circumstances, but shall not exceed seven days after the notice.
Marginal note:Review of the Clerk’s decision
(5) The decision to refuse the factum may be reviewed upon a motion submitted before a Judge within 15 days of the notice.
Marginal note:Computer format
78 The Court or the Judge may authorize the filing of certain documents in the factum in computer format rather than on paper when all of the parties to the appeal consent. The parties shall then file their argument on paper, together with the documents included in Schedule 1 of the factum as well as those parts of the documents included in Schedules 2 and 3 to which they have referred specifically in their argument. The complete text of the documents included in Schedules 2 and 3 are then filed on a CD-ROM or any other computer format that at a minimum has a keyword search capacity and, where possible, hyperlink connections between the index, the proceedings, the exhibits and the depositions.
Marginal note:Abandoned appeals
79 (1) If the appeal is not ready to be placed on the roll within six months after the filing of the notice of appeal provided for in section 32, the Clerk shall provide by registered or certified mail a minimum of 30 days’ notice to the parties and their counsel that the appeal shall be placed on a special roll.
(2) If the appeal is not ready to be placed on the roll on the date mentioned in the notice, the Court, after providing the parties an opportunity to be heard, may declare the appeal abandoned unless a party can show cause otherwise, in which case the Court shall make the order it deems appropriate.
Prior to Date of Coming into Force — Certificate
80 For all appeals filed before date of coming into force of these Rules, the certificate of readiness shall be filed at the Office of the Court within 15 days after the filing of the factums. It shall be on the form in Schedule 3 and bear the signature of the parties’ counsel or of any party not represented by counsel. It shall indicate the name of the counsel responsible for the file.
Marginal note:Certificate not obtained
81 (1) If the appellant does not sign the certificate, the respondent may file a motion to place the case on the roll. The motion shall be accompanied by a certificate bearing the signature of the respondent and served on the opposing party.
(2) If the respondent does not sign the certificate or does not file a factum within the prescribed time limit, the appellant may, in the same manner, seek to have the case placed on the roll.
Marginal note:Motion to place a case on the roll
82 A motion to place a case on the roll shall be presented before the Clerk. If the motion is uncontested, the attendance of the parties or their counsel is not required and the Clerk shall declare the case ready to be placed on the roll. If it is contested, the Clerk shall adjudicate the motion. This may be done by way of telephone conference.
Effect as of Date of Coming into Force
Marginal note:Declaration by the Clerk
83 (1) With effect as of date of coming into force, the Clerk shall declare all cases not under special case management ready to be placed on the roll once all the factums have been filed. The Clerk shall notify the parties by written notice on the form in Schedule 4 and, in addition, indicate the approximate date the appeal will be heard.
Marginal note:Failure of respondent to file
(2) Where the respondent fails to file a factum within the time prescribed, the Clerk may, ex officio or at the request of the appellant, declare the case ready to be placed on the roll. The Clerk shall then notify the parties by written notice on the form in Schedule 4.
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