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

Regulations are current to 2016-09-18 and last amended on 2014-06-30. Previous Versions

Response to Motion

  •  (1) Within 10 days after service of the motion, a respondent to the motion may respond to the motion by

    • (a) serving on all moving parties and other respondents to the motion

      • (i) a copy of the electronic version of a response, and

      • (ii) a copy of the printed version of the response; and

    • (b) filing with the Registrar

      • (i) a copy of the electronic version of the response, and

      • (ii) the original and a copy of the printed version of the response.

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

    • (a) a memorandum of argument in accordance with paragraph 25(1)(c), with any modifications that the circumstances require; and

    • (b) the documents that the respondent intends to rely on, in chronological order, in accordance with subrule 25(3).

  • (3) Parts I to V of the memorandum of argument shall not exceed 10 pages.

  • (4) Despite subrule (1), in the case of a motion served and filed with an application for leave to appeal or leave to cross-appeal, with the exception of a motion to expedite, the response to the motion may be served and filed with the response to the application for leave to appeal or leave to cross-appeal in accordance with Rule 27 or 30, as the case may be.

  • SOR/2006-203, s. 24;
  • SOR/2013-175, s. 32.

Reply

  •  (1) Within five days after service of the response to the motion, an applicant may reply by

    • (a) serving on all parties to the motion

      • (i) a copy of the electronic version of a reply, and

      • (ii) a copy of the printed version of the reply; and

    • (b) filing with the Registrar

      • (i) a copy of the electronic version of the reply, and

      • (ii) the original and a copy of the printed version of the reply.

  • (2) Unless it is served and filed in the form of correspondence of no longer than two pages, the reply shall consist of a memorandum of argument not exceeding five pages.

  • (3) Despite subrule (1), in the case of a motion served and filed with an application for leave to appeal or leave to cross-appeal, the reply may be served and filed with the reply to the response to the application for leave to appeal or leave to cross-appeal in accordance with Rule 28 or 31, as the case may be.

  • SOR/2006-203, s. 25;
  • SOR/2013-175, s. 33.

Submission to a Judge or the Registrar

  •  (1) The motion shall be submitted to a judge or the Registrar

    • (a) after the reply is filed or at the end of the five-day period referred to in Rule 50, as the case may be; or

    • (b) if no response to the motion is filed, at the end of the 10-day period referred to in Rule 49.

  • (2) The judge or the Registrar may

    • (a) decide the motion;

    • (b) order an oral hearing of the motion;

    • (c) refer the motion for decision to the Court; or

    • (d) in the case of a motion related to an application for leave to appeal or leave to cross-appeal, refer the motion to the judges to whom the application for leave to appeal or leave to cross-appeal has been submitted.

  • (3) Despite subrule (1), a motion related to an application for leave to appeal or leave to cross-appeal may be submitted for decision directly to the judges to whom the application for leave to appeal or leave to cross-appeal is submitted.

  • SOR/2013-175, s. 34.

Motion Before the Court

General

  •  (1) When the Act or these Rules require that a motion be heard by the Court, the motion shall be bound and consist of the following, in the following order:

    • (a) a notice of motion in Form 52;

    • (b) any affidavit necessary to substantiate any fact that is not a matter of record in the Court;

    • (c) a memorandum of argument in accordance with paragraph 25(1)(c), with any modifications that the circumstances require; and

    • (d) the documents that the applicant intends to rely on, in chronological order, in accordance with subrule 25(3).

  • (1.1) [Repealed, SOR/2013-175, s. 35]

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

  • SOR/2006-203, s. 26;
  • SOR/2011-74, s. 26;
  • SOR/2013-175, s. 35.

Service and Filing

 An applicant shall

  • (a) serve the motion on all parties to the motion and a copy of the notice of motion on all other parties; and

  • (b) file with the Registrar the original and 14 copies of the motion.

  • SOR/2006-203, s. 27.

Response

  •  (1) Within 10 days after service of the motion, a respondent to the motion may respond to the motion by

    • (a) serving a response on all moving parties and other respondents to the motion; and

    • (b) filing with the Registrar the original and 14 copies of the response.

  • (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 any modifications that the circumstances require; and

    • (b) the documents that the respondent intends to rely on, in chronological order, in accordance with subrule 25(3).

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

  • (4) After the response to the motion is filed or at the end of the 10-day period referred to in subrule (1), the Registrar shall send a notice of hearing of the motion in Form 69, with any modifications that the circumstances require, to all parties.

  • SOR/2006-203, s. 28;
  • SOR/2011-74, s. 27;
  • SOR/2013-175, s. 36.

PART 11Particular Motions

Motion for Intervention

 Any person interested in an application for leave to appeal, an appeal or a reference may make a motion for intervention to a judge.

 A motion for intervention shall be made

  • (a) in the case of an application for leave to appeal, within 30 days after the filing of the application for leave to appeal;

  • (b) in the case of an appeal, within four weeks after the filing of the appellant’s factum; and

  • (c) in the case of a reference, within four weeks after the filing of the Governor in Council’s factum.

  • SOR/2006-203, s. 29;
  • SOR/2013-175, s. 37(E).
  •  (1) The affidavit in support of a motion for intervention shall identify the person interested in the proceeding and describe that person’s interest in the proceeding, including any prejudice that the person interested in the proceeding would suffer if the intervention were denied.

  • (2) A motion for intervention shall

    • (a) identify the position the person interested in the proceeding intends to take with respect to the questions on which they propose to intervene; and

    • (b) set out the submissions to be advanced by the person interested in the proceeding with respect to the questions on which they propose to intervene, their relevance to the proceeding and the reasons for believing that the submissions will be useful to the Court and different from those of the other parties.

  • SOR/2013-175, s. 38.
 
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