45 (1) A party at the hearing of the appeal shall provide all other parties with a copy of a bound single condensed book containing the excerpts from the record and book of authorities that that party will refer to in oral argument and shall file 14 copies with the Registrar.
(1.1) The condensed book may contain an outline of the oral argument, which shall not exceed two pages, shall relate to the contents of the condensed book and shall not constitute a supplementary factum.
(2) [Repealed, SOR/2011-74, s. 23]
- SOR/2006-203, s. 20;
- SOR/2011-74, s. 23.
Reference to the Court
46 (1) A reference to the Court by the Governor in Council under section 53 of the Act shall be commenced by notice of reference in Form 46 to which shall be attached a copy of the order in council authorizing the reference.
(1.1) An electronic version of the notice of reference and the order in council authorizing the reference shall be filed with the Registrar.
(2) When a reference involves the giving of an opinion as to a case already disposed of by a court of appeal, the Court may, on its own initiative, require further evidence in respect of any question that the Court considers relevant.
(3) Further evidence under subrule (2) shall be taken as authorized by the Act and in the manner directed by the Court.
(4) The Governor in Council shall bring a motion to the Chief Justice or a judge to direct the Registrar to enter a reference on a list of cases to be heard by the Court and to determine any procedural issues.
(5) Within one week after the filing of the notice of reference, the Governor in Council shall serve a copy of the printed and electronic version of the notice of reference and the order in council referred to in subrule (1) on the attorney general of each province and on the minister of Justice of each territory.
(6) Within four weeks after being served with the notice of reference, an attorney general of a province, or a minister of Justice of a territory, with any special interest in the reference shall
(7) Within 12 weeks after the filing of the notice of reference, the Governor in Council shall
(a) serve on the attorney general of any province or on the minister of Justice of any territory, having served a notice of intervention under paragraph (6)(a), and any counsel requested to argue a case under subsection 53(7) of the Act, a printed and an electronic version of the Governor in Council’s factum, record and book of authorities;
(b) file with the Registrar
(8) Any counsel requested to argue a case under subsection 53(7) of the Act shall, within eight weeks after the request or within eight weeks after the filing of the Governor in Council’s factum, whichever is later,
(a) serve electronic and printed versions of the counsel’s factum, record and book of authorities on the Governor in Council;
(b) file with the Registrar
(9) An attorney general of a province or a minister of Justice of a territory filing a notice of intervention under subrule (6) shall, within 20 weeks after filing the notice,
(a) serve on the Governor in Council and any counsel requested to argue a case under subsection 53(7) of the Act a copy of the attorney general’s factum, or the minister’s factum, and book of authorities;
(b) file with the Registrar
(10) Within four weeks after the filing of the factum of the Governor in Council, any person interested in intervening in the reference may make a motion for intervention to a judge in accordance with Rules 47 and 57 by
(11) The motion for intervention shall be dealt with in accordance with Rules 58 and 59, and the service and filing of the intervener’s documents shall be in accordance with Rule 37.
(12) A redacted electronic version of any factum in a reference shall be filed, if the factum contains any of the following:
(a) information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation;
(b) information that is subject to a publication ban;
(c) information that is subject to limitations on public access; or
(d) 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. 21;
- SOR/2011-74, s. 24.
PART 10Motions — General Rules
Motion to a Judge or the Registrar
(a) a notice of motion in accordance with Form 47;
(b) any affidavit necessary to substantiate any fact that is not a matter of record in the Court;
(c) if considered necessary by the applicant, a memorandum of argument in accordance with paragraph 25(1)(c), with any modifications that the circumstances require;
(d) the documents that the applicant intends to rely on, in chronological order, in accordance with subrule 25(3); and
(e) except in the case of a motion for intervention or a motion to state a constitutional question, a draft of the order sought, including costs, in print and electronic format.
(1.1) [Repealed, SOR/2013-175, s. 30]
(2) Parts I to V of the memorandum of argument shall not exceed 10 pages.
(3) There shall be no oral argument on the motion unless a judge or the Registrar otherwise orders.
- SOR/2006-203, s. 22;
- SOR/2011-74, s. 25;
- SOR/2013-175, s. 30.
Service and Filing
(a) serve on all parties to the motion
(b) serve on all other parties a copy of the electronic version of the notice of motion; and
(c) file with the Registrar
(2) Despite subrule (1), a motion related to an application for leave to appeal or leave to cross-appeal may be served and filed with the application for leave to appeal or leave to cross-appeal in accordance with Rule 26 or 29, as the case may be.
- SOR/2006-203, s. 23;
- SOR/2013-175, s. 31.
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