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

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 on all other parties a copy of the printed version of a response;

    • (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.

Reply

  •  (1) Within 10 days after service of the response of the respondent or the intervener to the application for leave to appeal or within the time referred to in subrule 30(1) if paragraph 30(2)(b) applies, the applicant may reply by

    • (a) serving on all other parties a copy of the printed version of a reply;

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

    • (c) filing with the Registrar a copy of the electronic version of each of the memorandum of argument referred to in subrule (2), if any, and any reply to the 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 subrule (2), if any, and any reply to the 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 reply shall be bound and consist of a memorandum of argument not exceeding five pages.

  • SOR/2011-74, s. 13;
  • SOR/2013-175, s. 19.

PART 6Leave to Cross-appeal

Application for Leave to Cross-Appeal

  •  (1) Within 30 days after service of an application for leave to appeal in the case of an appeal for which leave is required or a notice of appeal in all other cases, a respondent who seeks to set aside or vary all or any part of the disposition of the judgment appealed from may apply for leave to cross-appeal by

    • (a) serving a copy of the printed version of an application for leave to cross-appeal on all parties who are named in the style of cause referred to in subrule 22(2) for the application for leave to cross-appeal;

    • (b) sending to those parties a copy of the electronic version of each of the notice of application for leave to cross-appeal referred to in paragraph (2)(a), the memorandum of argument in accordance with paragraph 25(1)(c) and any motion related to the application for leave to cross-appeal by email to the last known email address and filing 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);

    • (c) sending to any party in the court appealed from who is not named in the style of cause for the application for leave to cross-appeal a copy of the notice of application for leave to cross-appeal by ordinary mail, fax or email to the last known address, last known fax number or last known email address and filing 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; and

    • (d) filing with the Registrar the original and five copies of the printed version of the application for leave to cross-appeal and a copy of the electronic version of each of the notice of application for leave to cross-appeal, the memorandum of argument and any motion related to the application for leave to cross-appeal.

  • (2) The application for leave to cross-appeal

    • (a) shall be bound and consist of a notice of application for leave to cross-appeal in Form 29, and shall be otherwise in accordance with Rule 25, with any modifications that the circumstances require; and

    • (b) may be joined with the response to the application for leave to appeal.

  • (3) A respondent who seeks to uphold the judgment appealed from on a ground not relied on in the reasons for that judgment may do so in the respondent’s factum without applying for leave to cross-appeal.

  • (4) In the circumstances set out in subrule (3), the appellant may serve and file, in accordance with subrule 35(4), a factum in response that is bound and does not exceed 20 pages.

  • SOR/2006-203, s. 10;
  • SOR/2011-74, s. 14;
  • SOR/2013-175, s. 20.

Response

  •  (1) Within 30 days after service of the application for leave to cross-appeal, an applicant may respond to the application for leave to cross-appeal by

    • (a) serving on all other parties to the application for leave to cross-appeal a copy of the printed version of a response;

    • (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 in accordance with paragraph 25(1)(c), if any, and any response to any motion related to the application for leave to cross-appeal; and

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

  • (2) The response to the application for leave to cross-appeal

    • (a) shall be bound and be otherwise in accordance with subrule 27(2), with any modifications that the circumstances require; and

    • (b) may be joined with the reply to the response to the application for leave to appeal.

  • SOR/2011-74, s. 15;
  • SOR/2013-175, s. 21.

Reply

  •  (1) Within 10 days after the service of the applicant’s response to the application for leave to cross-appeal, the respondent may reply by

    • (a) serving on all other parties to the application for leave to cross-appeal a copy of the printed version of a reply;

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

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

    • (d) sending to all other parties to the application for leave to cross-appeal a copy of the electronic version of each of the memorandum of argument, if any, and any reply to the response to any motion related to the application for leave to cross-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 reply shall be bound and consist of a memorandum of argument not exceeding five pages.

  • SOR/2011-74, s. 16;
  • SOR/2013-175, s. 22.

PART 7Submission to the Court

Submission of Applications

  •  (1) The Registrar shall submit to the Court for consideration

    • (a) an application for leave to appeal, either

      • (i) after the reply is filed or at the end of the 10-day period referred to in Rule 28, as the case may be, or

      • (ii) if no response is filed, at the end of the 30-day period referred to in Rule 27; and

    • (b) an application for leave to cross-appeal, either

      • (i) after the reply is filed or at the end of the 10-day period referred to in Rule 31, as the case may be, or

      • (ii) if no response is filed, at the end of the 30-day period referred to in Rule 30.

  • (2) No documents shall be filed after the application for leave to appeal or leave to cross-appeal, as the case may be, has been submitted to the Court unless the Registrar, on motion, otherwise orders.

  • (3) The Registrar shall set down for hearing any application for leave to appeal for which an oral hearing has been ordered pursuant to paragraph 43(1)(c) of the Act.

 
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