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

Regulations are current to 2013-05-20 and last amended on 2011-04-11. Previous Versions

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 a response on all other parties to the application for leave to cross-appeal; and

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

  • (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.

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 a reply on all other parties; and

    • (b) filing with the Registrar the original and five copies of the reply.

  • (2) The reply shall be bound, unless served and filed in the form of correspondence, and consist of a memorandum of argument not exceeding five pages.

  • SOR/2011-74, s. 16.

PART 7

SUBMISSION 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.

PART 8

APPEALS 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 paragraphs 691(1)(a), 691(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 appealed from;

  • (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) in the case of an appeal referred to in paragraph (c) or (d), be accompanied by a certificate in Form 25B that states

    • (i) whether there is a sealing or confidentiality order in effect in the file from a lower court or the Court and whether any document filed includes information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

    • (ii) whether there is, pursuant to an order or legislation, a ban on the publication of evidence or the names or identity of a party or witness and whether any document filed includes information that is subject to that ban, and

    • (iii) whether there is, pursuant to legislation, information that is subject to limitations on public access and whether any document filed includes information that is subject to those limitations;

  • (e.1) include a copy of any order referred to in subparagraphs (e)(i) and (ii) or of the provision of the applicable legislation mentioned in subparagraphs (e)(i) to (iii); and

  • (f) 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, be accompanied by a certificate in Form 25C setting out the issues.

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