50. (1) Within five days after service of the response to the motion, an applicant may reply by
(a) serving a reply on all parties to the motion; and
(b) filing with the Registrar the original and two copies of the reply.
(2) The reply shall consist of a memorandum of argument not exceeding five pages.
(3) Despite subrule (1), in the case of a motion served and filed with an application for leave to appeal, the reply may be served and filed with the reply to the response to the application for leave to appeal.
- SOR/2006-203, s. 25.
Submission to a Judge or the Registrar
51. (1) The motion shall be submitted to a judge or the Registrar
(a) after the reply is filed or at the end of the five-day period referred to in Rule 50, as the case may be; or
(b) if no response to the motion is filed, at the end of the 10-day period referred to in Rule 49.
(2) The judge or the Registrar may
(a) decide the motion;
(b) order an oral hearing of the motion;
(c) refer the motion for decision to the Court; or
(d) in the case of a motion related to an application for leave to appeal, refer the motion to the judges to whom the application for leave to appeal has been submitted.
(3) Despite subrule (1), a motion related to an application for leave to appeal may be submitted for decision directly to the judges to whom the application for leave to appeal is submitted.
Motion Before the Court
52. (1) When the Act or these Rules require that a motion be heard by the Court, the motion shall be bound and consist of the following, in the following order:
(a) a notice of motion in Form 52;
(b) any affidavit necessary to substantiate any fact that is not a matter of record in the Court;
(c) a memorandum of argument in accordance with paragraph 25(1)(f), with any modifications that the circumstances require; and
(d) the documents that the applicant intends to rely on, in chronological order, in accordance with subrule 25(3).
(1.1) An originating motion shall include, after the notice of motion,
(a) a certificate in Form 25B that states
(i) whether there is a sealing or confidentiality order in effect in the file from a lower court or the Court and whether any document filed includes information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,
(ii) whether there is, pursuant to an order or legislation, a ban on the publication of evidence or the names or identity of a party or witness and whether any document filed includes information that is subject to that ban, and
(iii) whether there is, pursuant to legislation, information that is subject to limitations on public access and whether any document filed includes information that is subject to those limitations;
(b) a copy of any order referred to in subparagraphs (a)(i) and (ii) or of the provision of the applicable legislation mentioned in subparagraphs (a)(i) to (iii); and
(c) if a judge’s previous involvement or connection with the case may result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, a certificate in Form 25C setting out the issues.
(2) Parts I to V of the memorandum of argument shall not exceed 20 pages.
- SOR/2006-203, s. 26;
- SOR/2011-74, s. 26.
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