Federal Courts Rules (SOR/98-106)

Regulations are current to 2014-10-27 and last amended on 2013-08-08. Previous Versions

Marginal note:Respondent's memorandum of fact and law

 A respondent to a motion for leave to appeal shall serve a memorandum of fact and law and any supporting affidavits and, unless the Court orders otherwise, file three copies thereof not later than 20 days after service of the motion record.

Marginal note:Reply

 A party bringing a motion for leave to appeal shall serve any reply to the memorandum of fact and law of a respondent and, unless the Court orders otherwise, file three copies thereof not later than 10 days after service thereof.

Marginal note:Disposition of motion

 On the filing of a reply under rule 355 or the expiration of the period allowed for a reply, the Court may dispose in writing of a motion for leave to appeal.

Leave to Appeal to the Supreme Court of Canada

Marginal note:Motion for leave to appeal to Supreme Court
  •  (1) Notwithstanding rule 352, where a judgment of the Federal Court of Appeal is delivered from the bench, a motion under section 37.1 of the Supreme Court Act for leave to appeal from the judgment to the Supreme Court of Canada may be made at the time the judgment is delivered and without prior notice.

  • Marginal note:Grounds for motion for leave

    (2) A motion for leave to appeal under section 37.1 of the Supreme Court Act shall, unless the Court permits otherwise, be argued on the case, and on the reasons for judgment, from which leave to appeal is sought.

  • Marginal note:Number of judges

    (3) A motion for leave to appeal under section 37.1 of the Supreme Court Act shall be heard before not fewer than three judges, who need not be the judges who heard the matter under appeal.

  • SOR/2004-283, ss. 21(F), 32.

PART 7MOTIONS

Marginal note:Application

 This Part applies to motions other than motions for leave to appeal under Part 6.

Marginal note:Notice of motion

 Except with leave of the Court, a motion shall be initiated by a notice of motion, in Form 359, setting out

  • (a) in respect of a motion other than one made under rule 369, the time, place and estimated duration of the hearing of the motion;

  • (b) the relief sought;

  • (c) the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on; and

  • (d) a list of the documents or other material to be used at the hearing of the motion.

Marginal note:Hearing date for motions

 No notice of motion may be filed unless it is expressly made returnable

  • (a) at sittings fixed under rule 34;

  • (b) at a time and place appointed under subsection 35(2); or

  • (c) in writing, under rule 369.