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

Regulations are current to 2017-05-11 and last amended on 2017-01-01. Previous Versions

Certificates of Counsel

  •  (1) In the case of an application for leave to appeal or an originating motion, counsel for the applicant and the respondent and, in the case of an appeal referred to in paragraph 33(1)(c) or (d), counsel for the appellant and the respondent shall file a certificate in Form 23A certifying whether there is

    • (a) a sealing or confidentiality order from a lower court or the Court in effect in the file;

    • (b) a ban on the publication of evidence or the names or identity of a party or witness under an order in effect in the file or under legislation;

    • (c) information in the file that is classified as confidential under legislation; or

    • (d) a restriction on public access to information in the file in a lower court.

  • (2) If counsel for the applicant or the respondent certifies that any of the situations set out in paragraphs (1)(a) to (d) exist, the certificate shall be accompanied by, as the case may be, a copy of any applicable order or, if the order was pronounced orally at a hearing, a copy of the relevant excerpt from the transcript of the hearing, a citation of any applicable legislative provision or an explanation of the restriction.

  • (3) If there is any order, applicable legislation or restriction referred to in subrule (1), counsel shall file a certificate in Form 23B certifying whether any documents filed by the counsel contain information that is subject to the order, legislation or restriction in the lower court and identifying the relevant documents and information.

  • (4) 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, counsel shall file a certificate in Form 23C setting out the issues.

  • (5) The certificates and documents referred to in subrules (1), (2) and (4) 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, in the case of an appeal referred to in paragraph 33(1)(c) or (d), the notice of appeal or respondent’s factum.

  • (6) Counsel shall immediately file a revision of the certificate referred to in subrule (1) in the event of any change in respect of the matters referred to in that subrule.

  • SOR/2013-175, s. 15;
  • SOR/2016-271, s. 13.

 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, citing the legislative provision that authorizes the application for leave to appeal;

    • (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 and, if the proposed appeal raises an issue in respect of the constitutional validity or applicability of a statute, regulation or common law rule or the inoperability of a statute or regulation, a concise statement of the 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;
  • SOR/2016-271, ss. 14, 52(F).

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.

Response

  •  (1) Within 30 days after the day on which a file is opened by the Court following the filing of an application for leave to appeal or, if a file has already been opened, within 30 days after the service of an application for leave to appeal, a respondent or an intervener may respond to the application for leave to appeal by

    • (a) serving a copy of the response on all other parties;

    • (b) filing with the Registrar the original and five copies of the printed version of the response;

    • (c) filing with the Registrar a copy of the electronic version of each of the memorandum of argument referred to in paragraph (2)(a), if any, and any response to any motion related to the application for leave to appeal; and

    • (d) sending to all other parties a copy of the electronic version of each of the memorandum of argument referred to in paragraph (2)(a), if any, and any response to any motion related to the application for leave to appeal by email to the last known email address.

  • (2) Unless it is served and filed in the form of correspondence of no longer than two pages, the response shall be bound and consist of the following, in the following order:

    • (a) a memorandum of argument in accordance with paragraph 25(1)(c), with Parts I to V not exceeding 20 pages in the case of a respondent and five pages in the case of an intervener; and

    • (b) the documents that the respondent or intervener intends to rely on, in chronological order, in accordance with subrules 25(3) and (4).

  • SOR/2006-203, s. 9;
  • SOR/2011-74, s. 12;
  • SOR/2013-175, s. 18;
  • SOR/2016-271, ss. 15, 52(F).
 
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