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

Regulations are current to 2017-04-12 and last amended on 2017-01-01. Previous Versions

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) originating documents or documents filed in support, 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 originating documents or documents filed in support; 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) A party served with an electronic version of a document that is required to be bound may also request a printed version that shall be sent no later than one week after receipt of the request.

  • (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;
  • SOR/2016-271, ss. 10, 52(F).

Guidelines for Preparing Documents

  •  (1) Every document before the Court shall be prepared in accordance with the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic), as amended from time to time.

  • (2) [Repealed, SOR/2016-271, s. 11]

  • SOR/2006-203, s. 4;
  • SOR/2011-74, s. 8;
  • SOR/2016-271, s. 11.

Style of Cause

  •  (1) [Repealed, SOR/2011-74, s. 9]

  • (2) The style of cause in an application for leave to appeal shall name, followed by their status in the court appealed from,

    • (a) as an applicant, each party bringing the application for leave to appeal;

    • (b) as a respondent, each party against whom the applicant brings the application for leave to appeal — including, in Quebec, a mis-en-cause — and who was adverse in interest to the applicant in the court appealed from; and

    • (c) as an intervener,

      • (i) any intervener who was given full party status in the court appealed from and, in Quebec, any mis-en-cause in the court appealed from who is not already named in the style of cause,

      • (ii) each person who has been granted leave to intervene in accordance with Rule 59, and

      • (iii) each administrative board or tribunal whose jurisdiction is at issue, whether or not the board or tribunal was active in the proceedings in the court appealed from.

  • (3) The style of cause in an appeal shall name, followed by their status in the court appealed from,

    • (a) as an appellant, each party bringing the appeal;

    • (b) as a respondent, each party against whom the appellant brings the appeals — including, in Quebec, a mis-en-cause — and who was adverse in interest to the appellant in the court appealed from; and

    • (c) as an intervener,

      • (i) any intervener who was given full party status in the court appealed from and, in Quebec, any mis-en-cause in the court appealed from who is not already named in the style of cause,

      • (ii) each person who has been granted leave to intervene in accordance with Rule 59,

      • (iii) each attorney general who has filed a notice of intervention in accordance with subrule 33(4), and

      • (iv) each administrative board or tribunal whose jurisdiction is at issue, whether or not the board or tribunal was active in the proceedings in the court appealed from.

  • (3.1) The style of cause in a motion shall follow the style of cause for the application for leave to appeal or the appeal, as the case may be, and may be abbreviated to name only the first applicant and respondent, or the first appellant and respondent, as the case may be.

  • (4) A motion may be brought under Rule 18 to include in the style of cause as a party any other person who was a party, mis-en-cause or an intervener in the court appealed from and who must be a party to the proceedings to give effect to a judgment of the Court.

  • SOR/2006-203, s. 5;
  • SOR/2011-74, s. 9;
  • SOR/2016-271, s. 12.
 
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