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

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) Unless otherwise ordered or permitted by the Court, a judge or the Registrar, if an electronic version of a document is required by these Rules, it must be a true copy of the original printed version; in the case of a discrepancy, the original printed version will be considered official.

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

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  •  (1) [Repealed, SOR/2011-74, s. 9]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 61(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.

Certificates of Counsel

  •  (1) The following documents shall, in the case of an application for leave to appeal or an originating motion, be filed by counsel for the applicant and for the respondent and, in the case of an appeal referred to in paragraph 33(c) or (d), be filed by counsel for the appellant:

    • (a) a certificate in Form 23A 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, under 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, under 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 23B setting out the issues.

  • (2) The documents referred to in subrule (1) shall be filed at the same time as the application for leave to appeal or the response to that application, the originating motion or the response to that motion or the notice of appeal in the case of an appeal referred to in paragraph 33(c) or (d), as the case may be.

  • SOR/2013-175, s. 15.

 In the case of an appeal, counsel for the appellant and respondent shall file a certificate in Form 24A or 24B at the same time as the record referred to in Rule 38 or 39.

  • SOR/2013-175, s. 15.

PART 5Leave to Appeal

Application for Leave to Appeal

  •  (1) An application for leave to appeal shall be bound and consist of the following, in the following order:

    • (a) a notice of application for leave to appeal in Form 25;

    • (b) beginning with the court of first instance or the administrative tribunal, as the case may be, and ending with the court appealed from,

      • (i) copies of the reasons, if any, for the respective judgments of the lower courts, as issued by the lower courts,

      • (ii) copies of all formal judgments or orders, as signed and entered, and

      • (iii) copies of all draft orders, the final versions of which shall be filed separately immediately after they are signed and entered;

    • (c) a memorandum of argument divided as follows:

      • (i) Part I, a concise overview of the party’s position with respect to issues of public importance that are raised in the application for leave to appeal and a concise statement of facts,

      • (ii) Part II, a concise statement of the questions in issue,

      • (iii) Part III, a concise statement of argument,

      • (iv) Part IV, submissions, if any, not exceeding one page in support of the order sought concerning costs,

      • (v) Part V, the order or orders sought, including the order or orders sought concerning costs,

      • (vi) Part VI, a table of authorities, arranged alphabetically and setting out the paragraph numbers in Part III where the authorities are cited, and

      • (vii) Part VII, a photocopy, or a printout from an electronic database, of those provisions of any statute, regulation, rule, ordinance or by-law being relied on, in both official languages if they are required by law to be published in both official languages; and

    • (c.1) [Repealed, SOR/2013-175, s. 16]

    • (d) the documents, including any affidavit in support of the application for leave to appeal, that the applicant intends to rely on, in chronological order.

    • (e) to (g) [Repealed, SOR/2013-175, s. 16]

  • (2) Parts I to V of the memorandum of argument shall not exceed 20 pages.

  • (3) If the documents referred to in paragraph (1)(d) include transcripts or evidence, a party shall reproduce only the relevant excerpts of the transcript or evidence, including exhibits.

  • (4) If the documents referred to in paragraph (1)(d) are reproduced in the record filed with the court appealed from, six copies of that record may be filed with the Registrar instead of the documents.

  • (5) [Repealed, SOR/2013-175, s. 16]

  • SOR/2006-203, s. 7;
  • SOR/2011-74, s. 11;
  • SOR/2013-175, s. 16.

Service and Filing

  •  (1) An applicant shall file with the Registrar

    • (a) a copy of the electronic version of each of the notice of application for leave to appeal referred to in paragraph 25(1)(a), the memorandum of argument referred to in paragraph 25(1)(c) and any motion related to the application for leave to appeal; and

    • (b) the original and five copies of the application for leave to appeal.

  • (2) In addition to the service required under paragraph 58(1)(a) of the Act, an applicant shall

    • (a) send to all other applicants, all respondents and all interveners a copy of the electronic version of each of the notice of application for leave to appeal, the memorandum of argument and any motion related to the application for leave to appeal by email to the last known email address and file with the Registrar an affidavit attesting to the name and email address of each party to which the copies were sent or a copy of the information that is required to be annexed under paragraph 20(8)(d); and

    • (b) send to any party in the court appealed from who is not named in the style of cause referred to in subrule 22(2) a copy of the notice of application for leave to appeal by ordinary mail, fax or email to the last known address, last known fax number or last known email address, and file with the Registrar an affidavit attesting to the name and the address, fax number or email address of each party to which the copy was sent.

  • SOR/2006-203, s. 8;
  • SOR/2013-175, s. 17.
 
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