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

Regulations are current to 2016-05-12 and last amended on 2014-06-30. Previous Versions

 At the end of the applicable time referred to in Rule 51, the Registrar shall submit to a judge all motions for intervention that have been made within the time required by Rule 56.

  • SOR/2006-203, s. 30.
  •  (1) In an order granting an intervention, the judge may

    • (a) make provisions as to additional disbursements incurred by the appellant or respondent as a result of the intervention; and

    • (b) impose any terms and conditions and grant any rights and privileges that the judge may determine, including whether the intervener is entitled to adduce further evidence or otherwise to supplement the record.

  • (2) In an order granting an intervention or after the time for filing and serving all of the memoranda of argument on an application for leave to appeal or the facta on an appeal or reference has expired, a judge may, in their discretion, authorize the intervener to present oral argument at the hearing of the application for leave to appeal, if any, the appeal or the reference, and determine the time to be allotted for oral argument.

  • (3) An intervener is not permitted to raise new issues unless otherwise ordered by a judge.

  • SOR/2006-203, s. 31.

Motion to State Constitutional Question

  •  (1) Within 30 days after leave to appeal has been granted or after the filing of a notice of appeal in an appeal for which leave is not required, an appellant, respondent or attorney general shall make a motion to the Chief Justice or a judge to state a constitutional question if that appellant, respondent or attorney general intends to raise a question of

    • (a) the constitutional validity or the constitutional applicability of a law of Canada or of a province or of regulations made under them,

    • (b) the inoperability of a law of Canada or of a province or of regulations made under them, or

    • (c) the constitutional validity or the constitutional applicability of a common law rule.

  • (2) The time referred to in subrule (1) may be extended by a judge, on motion.

  • SOR/2011-74, s. 28(F);
  • SOR/2013-175, s. 39(E).
  •  (1) In an order stating a constitutional question, the Chief Justice or judge may make provisions as to additional disbursements incurred by the appellant or respondent as a result of any intervention by an attorney general.

  • (2) Within one week after receipt of the order referred to in subrule (1), the party who made the motion shall serve on the attorneys general a copy of the order and notice of constitutional question in Form 61A, together with a copy of the reasons for judgment appealed from.

  • (3) [Repealed, SOR/2006-203, s. 32]

  • (4) Within four weeks of the service of a notice of constitutional question, an attorney general who intends to participate in the appeal, whether or not the attorney general intends to present oral argument, shall serve on all other parties and file with the Registrar a notice of intervention in Form 61B without being required to obtain leave to intervene.

  • (5) [Repealed, SOR/2011-74, s. 29]

  • SOR/2006-203, s. 32;
  • SOR/2011-74, s. 29.

Motion to Stay

[SOR/2011-74, s. 30(F)]

 Any party against whom a judgment has been given, or an order made, by the Court or any other court, may make a motion to the Court for a stay of execution or other relief against such judgment or order, and the Court may give such relief on the terms that may be appropriate.

Motion to Quash

  •  (1) Within 30 days after the filing of a proceeding referred to in section 44 of the Act, a respondent may make a motion to the Court to quash the proceeding.

  • (2) Upon service of the motion to quash, the proceeding shall be stayed until the motion has been disposed of unless the Court or a judge otherwise orders.

  • (3) If the proceeding is quashed, the party bringing the proceeding may, in the discretion of the Court, be ordered to pay the whole or any part of the costs of the proceeding.

Assignment of Counsel by the Court to Act on Behalf of Accused

  •  (1) For the purposes of section 694.1 of the Criminal Code, the accused who is the appellant, applicant or respondent in a proceeding shall, if the Crown consents, file with the Registrar a letter containing the following information:

    • (a) an explanation of why legal assistance is necessary;

    • (b) a statement that the accused has not sufficient means to obtain legal assistance;

    • (c) a confirmation of the refusal by a provincial legal aid program to grant legal aid to the accused; and

    • (d) the name of the lawyer willing to act on behalf of the accused.

  • (2) The consent of the Attorney General who is the appellant, applicant or respondent in the proceeding shall be filed with the letter referred to in subsection (1).

  • SOR/2011-74, s. 31;
  • SOR/2013-175, s. 40.

PART 12Dismissals and Vexatious Proceedings

Dismissal for Delay — Application for Leave to Appeal

  •  (1) If, after the filing of a notice of application for leave to appeal, an applicant has not served and filed all the documents required under Rule 25 within the time set out in paragraph 58(1)(a) of the Act or the time extended under subsection 59(1) of the Act,

    • (a) a respondent may make a motion to the Registrar for dismissal of the application for leave to appeal as abandoned; or

    • (b) the Registrar may send a notice of intention in Form 64 to the applicant and copies of it to all other parties.

  • (2) The Registrar may dismiss the application for leave to appeal as abandoned if the time for serving and filing the materials is not extended by a judge on motion.

  • (3) The motion for an extension of time referred to in subrule (2) must be served and filed within 20 days after the service of the respondent’s motion for dismissal or the receipt of the Registrar’s notice of intention, as the case may be.

  • SOR/2006-203, s. 33.

Dismissal for Delay — Appeals

  •  (1) If, after leave to appeal has been granted, an appellant fails to serve and file a notice of appeal within the time set out in paragraph 58(1)(b) of the Act or the time extended under subsection 59(1) of the Act, the Registrar may send a notice of intention in Form 65 to the appellant and copies of it to all other parties, and a judge may dismiss the appeal as abandoned if the time for serving and filing the notice of appeal is not extended by a judge on motion.

  • (2) If, after the notice of appeal has been filed, an appellant has not served and filed their record and factum within the time set out in Rule 35, a respondent may make a motion to a judge for the dismissal of the appeal as abandoned or the Registrar may send a notice of intention in Form 65 to the appellant and copies of it to all other parties, and a judge may dismiss the appeal as abandoned if the time for serving and filing the materials is not extended by a judge on motion.

  • (3) The motion for an extension of time referred to in subrules (1) and (2) must be served and filed within 20 days after the service of the respondent’s motion for dismissal or the receipt of the Registrar’s notice of intention, as the case may be.

  • SOR/2006-203, s. 33.

Vexatious Proceedings

  •  (1) If a judge is satisfied that a party is conducting a proceeding in a vexatious manner, the judge may, on motion or at the request of the Registrar under Rule 67, order that the proceeding be stayed, on the terms the judge considers appropriate.

  • (2) A judge may, on motion or at the request of the Registrar under Rule 67, order that no further documents be filed by any party relating to a proceeding if the judge is satisfied that the filing of further documents by a party would be vexatious or made for an improper purpose.

  • SOR/2006-203, s. 33.
  •  (1) The Registrar may, after sending a notice in Form 67 to any party referred to in subrule 66(1) or (2) and copies of it to all other parties, and, on the expiry of the time referred to in subrule (2) to this rule, request that a judge make an order under subrule 66(1) or (2), as the case may be.

  • (2) Within 10 days after receipt of the Registrar’s notice, any party may serve on all other parties and file with the Registrar a response.

  • SOR/2006-203, s. 33.

PART 13Scheduling and Appearances

Scheduling — Motions and Applications for Leave

  •  (1) The Chief Justice or, in the absence of the Chief Justice, the senior judge present, shall set the dates on which the Court shall hear motions and applications for leave to appeal for which a hearing has been ordered pursuant to paragraph 43(1)(c) or subsection 43(1.2) of the Act.

  • (2) The Court may hear motions and applications for leave to appeal on dates other than those set out in subsection 32(3) of the Act.

 
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