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

Regulations are current to 2016-08-01 and last amended on 2014-06-30. Previous Versions

PART 8Appeals and Cross-appeals

Notice of Appeal

 A notice of appeal under paragraph 60(1)(a) of the Act shall

  • (a) be in Form 33;

  • (b) set out the provision or provisions of the statute that authorizes the appeal;

  • (c) in the case of an appeal under paragraph 691(1)(a) or (2)(a) or (b), 692(3)(a) or 693(1)(a) of the Criminal Code, set out the questions of law, including the question of law on which the dissenting judgment of the court appealed from is, in whole or in part, based, and include as a schedule to the notice of appeal a copy of the judgment and reasons for judgment of the court appealed from; and

  • (d) in the case of all other appeals for which leave to appeal is not required, include as a schedule to the notice of appeal a copy of the judgment and reasons for judgment appealed from.

  • (e) to (f) [Repealed, SOR/2013-175, s. 23]

  • SOR/2006-203, s. 11;
  • SOR/2011-74, s. 17;
  • SOR/2013-175, s. 23.

Service and Filing of Notice of Appeal

  •  (1) In addition to the service required under paragraph 58(1)(b) of the Act, the appellant shall send to any party in the court appealed from who is not named in the style of cause referred to in subrule 22(3) a copy of the notice of appeal by ordinary mail, fax or email to the last known address, last known fax number or last known email address.

  • (2) The appellant shall file with the Registrar the original and one copy of the printed version of the notice of appeal together with an affidavit setting out the names of the parties referred to in subsection (1) and the addresses or fax numbers to which the copies were sent.

  • (3) The appellant shall file with the Registrar one copy of the electronic version of the notice of appeal.

  • SOR/2006-203, s. 12;
  • SOR/2011-74, s. 18;
  • SOR/2013-175, s. 24.

Service and Filing of Appellant’s Documents

  •  (1) Subject to subrule (2), within 12 weeks after the notice of appeal is filed, the appellant shall

    • (a) serve on all other appellants and all respondents

      • (i) one copy of the electronic version of the appellant’s notice of appeal, factum, record and book of authorities,

      • (ii) three copies of the printed version of the appellant’s factum, and

      • (iii) one copy of the printed version of the appellant’s record and book of authorities;

    • (b) serve on all interveners one copy of the printed and electronic versions of the appellant’s factum, record and book of authorities;

    • (c) file with the Registrar

      • (i) one copy of the electronic version of the appellant’s factum, record and book of authorities,

      • (ii) the original and 23 copies of the printed version of the factum, and the original and 20 copies of the printed version of any volume of the record containing Parts I and II,

      • (iii) 11 copies of all other volumes of the printed version of the record, and

      • (iv) 11 copies of the printed version of the book of authorities; and

    • (d) file with the Registrar a redacted copy of the electronic version of the appellant’s factum, if the factum contains any of the following:

      • (i) information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

      • (ii) information that is subject to a publication ban,

      • (iii) information that is subject to limitations on public access, or

      • (iv) personal data identifiers or personal information that, if combined with the individual’s name, could pose a serious threat to the individual’s personal security.

  • (2) If a motion to state a constitutional question has been filed, the 12-week period referred to in subrule (1) shall begin on the day on which the motion to state a constitutional question is decided.

  • (3) Within two weeks after being served under paragraph 36(2)(a) with a respondent’s factum that includes a factum in a cross-appeal, the appellant may serve and file, in accordance with subparagraph (1)(a)(i), paragraph (1)(b) and subparagraph (1)(c)(i), a factum in response to the cross-appeal.

  • (4) Within two weeks after being served with the factum referred to in subrule 29(3), the appellant may serve and file a factum in response in accordance with subparagraph (1)(a)(i), paragraph (1)(b) and subparagraph (1)(c)(i).

  • SOR/2006-203, s. 13;
  • SOR/2011-74, s. 19.

Service and Filing of Respondent’s Documents

[SOR/2013-175, s. 25(F)]
  •  (1) Within eight weeks after the service of the appellant’s record, the respondent shall

    • (a) serve on all appellants, all other respondents and all interveners one copy of the printed and electronic version of the respondent’s record; and

    • (b) file with the Registrar one copy of the electronic and original version and 11 copies of the printed version of the record.

  • (2) Within eight weeks after the service of the appellant’s factum, the respondent shall

    • (a) serve on all appellants and all other respondents

      • (i) one copy of the electronic version of the respondent’s factum and book of authorities,

      • (ii) three copies of the printed version of the respondent’s factum, and

      • (iii) one copy of the printed version of the respondent’s book of authorities;

    • (b) serve on all interveners one copy of the printed and electronic version of the respondent’s factum and book of authorities;

    • (c) file with the Registrar

      • (i) one copy of the electronic version of the respondent’s factum and book of authorities,

      • (ii) the original version and 23 copies of the printed version of the respondent’s factum, and

      • (iii) 11 copies of the printed version of the respondent’s book of authorities; and

    • (d) file with the Registrar a redacted copy of the electronic version of the respondent’s factum, if the factum contains any of the following:

      • (i) information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

      • (ii) information that is subject to a publication ban,

      • (iii) information that is subject to limitations on public access, or

      • (iv) personal data identifiers or personal information that, if combined with the individual’s name, could pose a serious threat to the individual’s personal security.

  • SOR/2006-203, s. 14;
  • SOR/2011-74, s. 19.

Service and Filing of Intervener’s Documents

 Within eight weeks after the order granting leave to intervene for an intervener referred to in subparagraph 22(3)(c)(ii), within 20 weeks after the filing of a notice of intervention under subrule 61(4) for an intervener referred to in subparagraph 22(3)(c)(iii) or within eight weeks after the service of the appellant’s factum for an intervener referred to in subparagraph 22(3)(c)(i) or (iv), as the case may be, the intervener shall

  • (a) serve on all other parties one copy of the printed and electronic version of the intervener’s factum and book of authorities;

  • (b) file with the Registrar

    • (i) one copy of the electronic version of the intervener’s factum and book of authorities,

    • (ii) the original and 23 copies of the printed version of the intervener’s factum, and

    • (iii) 11 copies of the printed version of the intervener’s book of authorities, and

  • (c) file with the Registrar a redacted copy of the electronic version of the intervener’s factum, if the factum contains any of the following:

    • (i) information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

    • (ii) information that is subject to a publication ban,

    • (iii) information that is subject to limitations on public access, or

    • (iv) personal data identifiers or personal information that, if combined with the individual’s name, could pose a serious threat to the individual’s personal security.

  • SOR/2006-203, s. 15;
  • SOR/2011-74, s. 19.
 
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