Rules of the Supreme Court of Canada (SOR/2002-156)

Regulations are current to 2016-11-21 and last amended on 2014-06-30. Previous Versions

Representation of Parties

  •  (1) Subject to Rule 17, counsel for a party in the court appealed from is deemed to be counsel before the Court.

  • (2) Subject to subrule (3), a party may either act in person or be represented by counsel.

  • (3) A corporation, partnership or unincorporated association shall be represented by counsel unless

    • (a) it was permitted to be represented by a person other than counsel in any of the lower courts and it chooses to continue to be represented by that person in the Court; or

    • (b) on motion, a judge grants it leave to be represented by a person other than counsel in accordance with the applicable federal or provincial legislative enactment.

  • SOR/2013-175, s. 5.

Agents

  •  (1) A party to an appeal or to a reference to the Court shall only conduct business with the Registrar through an agent.

  • (2) A party to any other proceeding may choose to conduct business with the Registrar through an agent.

  • (3) No agent shall represent more than one party in any proceeding except with the consent of each party represented by the agent.

  • (4) An agent who represents two opposing parties shall file with the Registrar a notice in Form 16.

  • (5) A party may appoint a permanent agent by filing with the Registrar a notice to that effect.

  • SOR/2013-175, s. 6.

Change of Representation or Withdrawal of Counsel or Agent

  •  (1) A party may change their counsel or agent by identifying the new counsel or agent on the originating document, or during the course of the proceeding, by serving on all other parties and filing with the Registrar a notice of change setting out the name, address and telephone number, and the fax number and email address, if any, of the new counsel or agent.

  • (2) A party who was represented by counsel in the court appealed from may elect to act in person by signing the originating document.

  • (3) A party who was not represented by counsel in the court appealed from may elect to be represented by counsel by serving on all other parties and filing with the Registrar a notice to that effect.

  • (4) A counsel may choose to cease to represent a party before the Court by

    • (a) serving on all other parties and filing with the Registrar a notice of withdrawal of counsel accompanied by the consent of the party; or

    • (b) in the absence of the consent of the party, making a motion to a judge or the Registrar for an order that the counsel no longer represents the party, and serving on that party and all other parties the motion and, if the motion is granted, the order of withdrawal.

  • (5) An agent may cease to represent a party by serving on that party and all other parties and filing with the Registrar a notice of withdrawal.

  • SOR/2011-74, s. 6;
  • SOR/2013-175, s. 7(F).

Change in Contact Information

 A party shall serve on all other parties and file with the Registrar a notice of any change in their contact information without delay.

  • SOR/2013-175, s. 8.

Adding, Substituting and Removing Parties

[SOR/2013-175, s. 9]
  •  (1) A person may be added or substituted as a party on motion before a judge or the Registrar that sets out the reasons for the addition or substitution.

  • (2) Subject to subrule (5), no person shall be added or substituted as a party without the person’s consent being filed with the Registrar.

  • (3) The motion referred to in subrule (1) shall also be served on the proposed added or substituted party.

  • (4) Parties added or substituted shall be served with all documents provided for in these Rules, and any time periods shall begin as provided for in the order unless a judge or the Registrar otherwise orders.

  • (4.1) A party who is named in the style of cause can be removed on the consent of the applicant or the appellant, as the case may be, or on motion before a judge or the Registrar that sets out the reasons for the removal.

  • (5) In any proceeding, the Court or a judge may order that a party be added, substituted or removed if, in the opinion of the Court or the judge, the addition, substitution or removal is necessary to enable the Court to adjudicate the questions in issue.

  • SOR/2013-175, s. 10.

Filing of Documents

  •  (1) A document may be filed with the Registrar by

    • (a) hand delivery;

    • (b) mail or courier; or

    • (c) fax transmission or email, except in the case of a document that these Rules require to be bound.

  • (2) On receipt of a document, the Registrar may

    • (a) accept or reject the document for filing; or

    • (b) accept the document for filing subject to the making of any corrections or the fulfilling of any conditions precedent.

  • (2.1) to (2.3) [Repealed, SOR/2011-74, s. 7]

  • (3) A document that is filed by hand delivery, mail or courier is deemed to have been filed on the date of the Court’s filing stamp on that document, unless the Court, a judge or the Registrar otherwise orders.

  • (4) A document that is filed by fax transmission or email shall include a cover page in accordance with subrule 20(3) or the information set out in paragraphs 20(3.1)(a), (b), (d) and (e), as the case may be, and is deemed to have been filed on the day on which it is received unless it is received between 5:00 p.m. and 12:00 a.m. local time, or on a day that is a holiday, in which case it is deemed to have been filed the following day that is not a holiday.

  • (5) Within five business days after the day on which a document, other than correspondence referred to in subrule (7), is filed by fax transmission or email, the original and a copy of the document shall be filed by hand delivery, mail or courier.

  • (6) All documents filed, other than correspondence referred to in subrule (7), shall be served in accordance with Rule 20 on all parties unless these Rules provide otherwise or the Court, a judge or the Registrar otherwise orders.

  • (7) A copy of any correspondence between parties, or between a party and the Registrar, that has been filed shall be sent to all other parties by hand delivery, mail or courier to the last known address or, if the address for service of the recipient party includes a fax number or an email address, by fax transmission to the last known fax number or by email to the last known email address.

  • SOR/2006-203, s. 2;
  • SOR/2011-74, s. 7;
  • SOR/2013-175, s. 11.

Filing of Sealed and Confidential Documents

[SOR/2013-175, s. 12]
  •  (1) If it is filed, any document that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation shall be sealed in an envelope and be accompanied by a covering letter and a copy of the sealing or confidentiality order or provision of the applicable legislation.

  • (2) If any of the following documents is filed, it shall be sealed in an envelope and accompanied by one redacted electronic version, if one is required under these Rules, and two redacted printed versions:

    • (a) a document containing a document that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation;

    • (b) a document that reveals information that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation; or

    • (c) a document that a party requires to be sealed.

  • (3) A document referred to in paragraph (2)(b) or (c) shall be accompanied by a motion to seal to the Registrar.

  • SOR/2011-74, s. 8;
  • SOR/2013-175, s. 13.

Service of Documents

  •  (1) Service of any document on a party shall be made on the party’s counsel or agent at that person’s last known address, last known fax number or last known email address or, if the party is not represented by counsel, on the party or the party’s agent, by

    • (a) personal service made on any day other than a holiday;

    • (b) ordinary mail, except for originating documents or documents filed in support;

    • (c) registered or certified mail or by courier;

    • (d) fax transmission, except for

      • (i) documents that are required to be bound under these Rules, and

      • (ii) documents that are longer than 40 pages unless the party being served consents to service by fax transmission;

    • (d.1) email, except for documents that are required to be bound under these Rules unless the party being served consents to service by email; or

    • (e) leaving a copy with a party’s counsel or agent or with an employee in the office of the counsel or agent.

  • (2) Service of both the printed and electronic versions is not required if the counsel being served accepts service of one of those versions.

  • (3) Every document served by fax transmission shall include a cover page that shows

    • (a) the title of the document being transmitted;

    • (b) the sender’s name, address and telephone number;

    • (c) the name of the party being served and of the party’s counsel, if any;

    • (d) the date and approximate time of the transmission;

    • (e) the number of pages transmitted, including the cover page;

    • (f) the fax number of the transmitting fax machine; and

    • (g) the name and telephone number of the person to contact if there are transmission problems.

  • (3.1) If a document is served by email, the email shall contain

    • (a) the title of the document being transmitted;

    • (b) the sender’s name, address and telephone number;

    • (c) the name of the party being served and of the party’s counsel, if any;

    • (d) the date and approximate time of the transmission; and

    • (e) an indication of the number of attachments to the email or an indication of where the party being served can access the document electronically.

  • (4) Subject to subrule (5), a document is deemed to have been served on the day on which it is received or is admitted to have been received, unless it is received between 5:00 p.m. and 12:00 a.m. local time or on a day that is a holiday, in which case it is deemed to have been filed the following day that is not a holiday.

  • (5) A document served by ordinary mail is deemed to have been served on the fifth business day after the document is mailed.

  • (6) When an attempt by an authorized person to serve a document in accordance with the rules of procedure applicable in the province or territory in which the document is served has failed and was recorded in that person’s certificate of service, he or she may serve the document by leaving on the premises a copy of the document intended for the addressee.

  • (7) Proof of service of the printed version or the electronic version is sufficient.

  • (8) Proof of service shall be verified by filing, in accordance with Rule 19, one of the following documents within two days after service, unless a judge or the Registrar otherwise orders:

    • (a) if service is made by ordinary mail, an affidavit of service in Form 20;

    • (b) if service is made by registered or certified mail or by courier, an affidavit of service in Form 20 annexing a post office receipt, a receipt card bearing the signature of the person served or a copy of the tracking results of the courier service that indicates the status of the delivery of the document;

    • (c) if service is made by fax transmission, an affidavit of service in Form 20 annexing a copy of the cover page referred to in subrule (3) and a transmission slip that confirms the date and time of transmission;

    • (d) if service is made by email, an affidavit of service in Form 20 annexing a copy of the email referred to in subrule (3.1) and a copy of either the email read receipt or the confirmation by the party served that the service was effected electronically;

    • (e) a certificate of service by any authorized person in accordance with the rules of procedure applicable in the province or territory in which the document is served; or

    • (f) an admission of service endorsed by the party or their counsel or agent.

  • (9) If service is made by registered or certified mail, courier, fax transmission or email, an affidavit of service in Form 20 is not required for documents that are not originating documents, provided that the information that is required to be annexed under paragraph (8)(b), (c) or (d), as the case may be, is filed.

  • (10) The Registrar may, on filing of an affidavit by the serving party, make any order for substitutional service that the circumstances require.

  • SOR/2006-203, s. 3;
  • SOR/2011-74, s. 8;
  • SOR/2013-175, s. 14.
 
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