Federal Courts Rules (SOR/98-106)

Marginal note:Approval of payments

334.4 No payments, including indirect payments, shall be made to a solicitor from the proceeds recovered in a class proceeding unless the payments are approved by a judge.

PART 6Appeals

Application of this Part

Marginal note:Application

335 This Part applies to

• (a) appeals to the Federal Court of Appeal from the Federal Court, including appeals from interlocutory orders;

• (b) appeals to the Federal Court of Appeal from the Tax Court of Canada under subsections 27(1.1) and (1.2) of the Act; and

• (c) appeals to the Court under an Act of Parliament, unless otherwise indicated in that Act or these Rules.

General

Interpretation

Definition of first instance

336 In this Part, first instance means a proceeding in the Federal Court, the Tax Court of Canada or the tribunal whose order is being appealed.

Commencement of Appeal

Marginal note:Content of general notice of appeal

337 An appeal, other than an appeal from a final judgment of the Tax Court of Canada under subsection 27(1.2) of the Act, shall be commenced by a notice of appeal, in Form 337, setting out

• (a) the name of the court to which the appeal is taken;

• (b) the names of the parties;

• (c) a precise statement of the relief sought;

• (d) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on;

• (e) the name of the court or tribunal appealed from;

• (f) the date and details of the order under appeal; and

• (g) the place proposed for the hearing of the appeal.

Marginal note:Content of notice of appeal — certain judgments of Tax Court of Canada

337.1 An appeal from a final judgment of the Tax Court of Canada under subsection 27(1.2) of the Act shall be commenced by a notice of appeal, in Form 337.1, setting out

• (a) the names of the parties;

• (b) a precise statement of the relief sought;

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

• (d) the date and details of the final judgment under appeal; and

• (e) the place proposed for the hearing of the appeal.

Marginal note:Persons to be included as respondents

• 338 (1) Unless the Court orders otherwise, an appellant shall include as a respondent in an appeal

  • (a) every party in the first instance who is adverse in interest to the appellant in the appeal;

  • (b) any other person required to be named as a party by an Act of Parliament pursuant to which the appeal is brought; and

  • (c) where there are no persons that are included under paragraph (a) or (b), the Attorney General of Canada.

• Marginal note:Substitution for Attorney General

  (2) On a motion by the Attorney General of Canada, where the Court is satisfied that the Attorney General is unable or unwilling to act as a respondent in an appeal, the Court may substitute another person or body, including a tribunal whose order is being appealed, as a respondent in the place of the Attorney General of Canada.

Marginal note:Service of notice of appeal

• 339 (1) Unless the Court directs otherwise or an Act of Parliament authorizing the appeal provides otherwise, within 10 days after the issuance of a notice of appeal, the appellant shall serve it on

  • (a) all respondents;

  • (b) in the case of an appeal of an order of a tribunal,

    • (i) the Attorney General of Canada, and

    • (ii) the tribunal or its chief executive officer;

  • (c) any person who is not a party and who participated in the first instance; and

  • (d) any other person directly affected by the appeal.

• Marginal note:Proof of service

  (2) Proof of service of a notice of appeal shall be filed within 10 days after the notice of appeal is served.

Marginal note:Solicitor of record and address for service

340 In an appeal from the Federal Court to the Federal Court of Appeal, the solicitor of record and the address for service of a party on the appeal shall be the same as they were in the first instance, unless the solicitor of record in the first instance provided limited-scope representation and they served and filed a notice under subsection 124(5).

Marginal note:Appearance or cross-appeal

• 341 (1) A respondent who intends to participate in an appeal shall, within 10 days after service of the notice of appeal, serve and file

  • (a) a notice of appearance in Form 341A; or

  • (b) where the respondent seeks a different disposition of the order appealed from, a notice of cross-appeal in Form 341B.

• Marginal note:Content of notice of cross-appeal

  (2) A notice of cross-appeal shall set out

  • (a) a precise statement of the relief sought; and

  • (b) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on.

• Marginal note:Leave for late cross-appeal

  (3) Where a respondent has not filed a notice of cross-appeal under subsection (1), the cross-appeal may not be heard without leave of the Court.

Marginal note:Consolidation of appeals

• 342 (1) Unless the Court orders otherwise, where more than one party appeals from an order, all appeals shall be consolidated.

• Marginal note:Directions

  (2) The Court may give directions as to the procedure to be followed in a consolidation under subsection (1).

Appeal Books

Marginal note:Agreement re appeal book

• 343 (1) Within 30 days after the filing of a notice of appeal, the parties shall agree in writing as to the documents, exhibits and transcripts to be included in the appeal book and shall file a copy of that agreement.

• Marginal note:Limitation

  (2) The parties shall include in an appeal book only such documents, exhibits and transcripts as are required to dispose of the issues on appeal.

• Marginal note:Motion to determine content of appeal book

  (3) If an agreement is not reached within the period referred to in subsection (1), the appellant shall, within 10 days after the expiry of that period, bring a motion in accordance with rule 369 or 369.2, as the case may be, requesting that the Court determine the content of the appeal book.

• Marginal note:Order for transcripts or reproductions

  (4) Where a transcript or the reproduction of exhibits is required, the appellant shall order it and shall file proof of the order within 10 days after filing an agreement under subsection (1) or obtaining an order under subsection (3).

• Marginal note:Preparation of appeal book

  (5) The appeal book shall be prepared by the appellant forthwith unless, on the motion of the appellant, the Court orders the Administrator to prepare an appeal book on the appellant’s behalf from documents provided by the appellant.

Marginal note:Content of appeal book

• 344 (1) An appeal book shall contain, on consecutively numbered pages and in the following order,

  • (a) a table of contents describing each document;

  • (b) the notice of appeal and any notice of cross-appeal;

  • (c) the order appealed from, as signed and entered, and any reasons, including dissenting reasons, given in respect of that order;

  • (d) the originating document, any other pleadings and any other document in the first instance that defines the issues in the appeal;

  • (e) subject to subsection (2), all documents, exhibits and transcripts agreed on under subsection 343(1) or ordered to be included on a motion under subsection 343(3);

  • (f) any order made in respect of the conduct of the appeal;

  • (g) any other document relevant to the appeal;

  • (h) an agreement reached under subsection 343(1) as to the contents of the appeal book or an order made under subsection 343(3); and

  • (i) a certificate in Form 344, signed by the appellant’s solicitor, stating that the contents of the appeal book are complete and legible.

• Marginal note:Colour of cover

  (1.1) An appeal book that is filed in paper copy shall have a grey cover.

• Marginal note:Transcripts separate

  (2) Transcripts may be reproduced in a separate document.

Marginal note:Appeal book

• 345 (1) An appellant shall serve and file the appeal book within 30 days after the day on which a copy of an agreement under subsection 343(1) is filed or an order under subsection 343(3) is obtained.

• Marginal note:Number of copies

  (2) The appellant shall file

  • (a) if the appeal is brought in the Federal Court, an electronic copy of or, subject to rule 72.4, three paper copies of the book; and

  • (b) if the appeal is brought in the Federal Court of Appeal, an electronic copy of or, subject to rule 72.4, five paper copies of the book.

Memoranda

Marginal note:Appellant’s memorandum

• 346 (1) Within 30 days after filing an appeal book, the appellant shall serve and file a memorandum of fact and law.

• Marginal note:Respondent’s memorandum

  (2) Within 30 days after service of the appellant’s memorandum of fact and law, the respondent shall serve and file the respondent’s memorandum of fact and law.

• Marginal note:Where cross-appeal filed

  (3) Where a respondent has served a notice of cross-appeal under rule 341,

  • (a) the respondent shall serve and file a memorandum of fact and law as appellant by cross-appeal, either separate from or as part of the respondent’s memorandum of fact and law, within the time set out in subsection (2); and

  • (b) the appellant shall serve and file a memorandum of fact and law as respondent to cross-appeal, within 30 days after service of the respondent’s memorandum of fact and law.

• Marginal note:Colour of memorandum

  (4) A memorandum of fact and law that is in paper copy shall have

  • (a) in the case of the appellant’s memorandum, a beige cover;

  • (b) in the case of the respondent’s memorandum, a green cover; and

  • (c) in the case of an intervener’s memorandum, a blue cover.

• Marginal note:Number of memoranda to be filed

  (5) Memoranda of fact and law shall be filed in the same number as are appeal books.