Rules of the Supreme Court of Canada

29 (1) Within 30 days after service of an application for leave to appeal in the case of an appeal for which leave is required or a notice of appeal in all other cases, a respondent who seeks to set aside or vary all or any part of the disposition of the judgment appealed from may apply for leave to cross-appeal by

• (a) serving an application for leave to cross-appeal on all other parties who are named in the style of cause for the application for leave to cross-appeal for which subrule 22(2) applies;

• (b) sending to any party in the court appealed from who is not named in the style of cause for the application for leave to cross-appeal a copy of the notice of application for leave to cross-appeal by ordinary mail or by fax to the last known address or fax number; and

• (c) filing with the Registrar the original and five copies of the application for leave to cross-appeal together with an affidavit attesting to the names of the parties and interveners referred to in paragraph (b) and addresses to which the copies were sent.

(2) The application for leave to cross-appeal

• (a) shall be bound and be otherwise in accordance with Rule 25 and Form 29, with any modifications that the circumstances require; and

• (b) may be joined with the response to the application for leave to appeal.

(3) A respondent who seeks to uphold the judgment appealed from on a ground not relied on in the reasons for that judgment may do so in the respondent’s factum without applying for leave to cross-appeal.

(4) In the circumstances set out in subrule (3), the appellant may serve and file, in accordance with subrule 35(4), a factum in response that is bound and does not exceed 20 pages.