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Version of document from 2011-04-11 to 2013-12-31:

Rules of the Supreme Court of Canada

SOR/2002-156

SUPREME COURT ACT

Registration 2002-04-15

Rules of the Supreme Court of Canada

Pursuant to subsection 97(1)Footnote a of the Supreme Court Act, the undersigned judges of the Supreme Court of Canada hereby make the annexed Rules of the Supreme Court of Canada.

Ottawa, April 15, 2002

The Right Honourable Beverley McLachlin
The Honourable Mr. Justice John C. Major
The Honourable Mr. Justice Michel Bastarache
The Honourable Mr. Justice William Ian Corneil Binnie
The Honourable Mr. Justice Louis LeBel
Judges of the Supreme Court of Canada

PART 1Application and Interpretation

Application

 Except as otherwise provided by the Act or any other Act of Parliament, these Rules apply to all proceedings in the Court.

Interpretation

 The following definitions apply in these Rules.

Act

Act means the Supreme Court Act. (Loi)

affidavit

affidavit includes an affirmation and a statutory declaration. (affidavit)

agent

agent means a lawyer practising in the National Capital Region within the meaning of the National Capital Act. (correspondant)

application for leave to appeal

application for leave to appeal means an application for leave to appeal referred to in Rule 25 and section 40 of the Act. (demande d’autorisation d’appel)

attorney general

attorney general means the Attorney General of Canada, an attorney general of a province or a minister of Justice of a territory. (procureur général)

authorities

authorities includes legislative enactments, case law, articles and texts, treaties and excerpts from them. (sources)

commissioner for oaths

commissioner for oaths includes any person authorized under federal or provincial legislation or rules of practice, as the case may be, to conduct examinations. (commissaire à l’assermentation)

counsel

counsel means a member of the bar of a province. (procureur)

holiday

holiday means a holiday as defined in the Interpretation Act and includes Saturday. (jour férié)

party

party means a person named in the style of cause in accordance with Rule 22 including any person added or substituted as a party under Rule 18, but where referring to the court appealed from, it means a person who was a party in that court. (partie)

person

person includes a body politic or corporate, Her Majesty the Queen and an attorney general. (personne)

printing

printing includes reproduction by any means but does not include hand writing. (impression)

proceeding

proceeding means an appeal, application for leave to appeal, motion or reference before the Court, a judge or the Registrar. (procédure)

  • SOR/2011-74, s. 1

Where No Provisions

  •  (1) Whenever these Rules contain no provision for exercising a right or procedure, the Court, a judge or the Registrar may adopt any procedure that is not inconsistent with these Rules or the Act.

  • (2) A party may, on motion to a judge or the Registrar, request directions as to the procedure referred to in subrule (1).

Prescribing Conditions

 Whenever these Rules provide that the Court, a judge or the Registrar may make an order or direction, the Court, the judge or the Registrar, as the case may be, may impose any terms and conditions in the order or direction that the Court, the judge or the Registrar considers appropriate.

Computation of Time

  •  (1) The computation of time under these Rules or under an order of the Court, a judge or the Registrar is governed by the Interpretation Act.

  • (1.1) If the filing and serving are to be done within a specified number of weeks after a specified day or event, the period is calculated by

    • (a) excluding that day or the day of the event; and

    • (b) including the last day of the last seven-day period.

  • (2) A day that is a holiday shall not be included in computing a period of less than six days under these Rules.

  • (3) The month of July shall not be included in the computation of time under these Rules except for the service and filing of a record, factum or book of authorities under Rules 35 to 37 and a motion for intervention under paragraph 56(b), including any response or reply, and service of a notice of constitutional question under subrule 61(2).

  • (4) A day that is a holiday and the month of July shall be included in the computation of time under an order of the Court, a judge or the Registrar.

  • SOR/2006-203, s. 1
  • SOR/2011-74, s. 2

 Unless otherwise directed by the Court, a judge or the Registrar, and subject to section 58 of the Act, the period beginning on December 21 in a year and ending on January 7 in the following year shall not be included in a computation of time under these Rules for serving and filing documents, except for the service and filing of a motion to state a constitutional question under subrule 60(1).

  • SOR/2006-203, s. 1
  • SOR/2011-74, s. 3

Extension or Abridgment

  •  (1) The Court, a judge or unless these Rules provide otherwise, the Registrar may, on motion or on their own initiative, extend or abridge a period provided for by these Rules.

  • (2) The affidavit in support of a motion for an extension or abridgement of time shall set out the reason for the delay or urgency, as the case may be.

Adjournment

  •  (1) The Chief Justice or, in his or her absence or at his or her request, any other judge may, on motion or on the judge’s own initiative, adjourn the hearing of any proceeding.

  • (2) The affidavit in support of a motion for an adjournment shall set out the facts or reasons for the adjournment.

Dispensing with Compliance

  •  (1) The Court, a judge or unless these Rules provide otherwise, the Registrar may, on motion or on their own initiative, excuse a party from complying with any of these Rules.

  • (2) The Court, a judge or the Registrar may refuse a document that does not comply with these Rules or that has not been served in accordance with these Rules or an order of the Court, a judge or the Registrar.

  • (3) Documents that do not comply with these Rules may be excluded from costs upon the order of the Court, a judge or the Registrar.

PART 2Administration of the Court

Business Hours

 The Registry of the Court shall be open every day except holidays from nine o’clock in the morning until five o’clock in the afternoon unless otherwise directed by the Registrar.

Registrar to Keep Records

 The Registrar shall keep all registers necessary for recording all activities in every proceeding.

  • SOR/2011-74, s. 4(F)

Official Languages

  •  (1) A party may use either English or French in any oral or written communication with the Court.

  • (2) Subject to subrule (3), the Registrar shall provide to the parties services for simultaneous interpretation in both official languages during the hearing of every proceeding.

  • (3) In the case of a motion to be heard by a judge or the Registrar, the Registrar shall provide the services referred to in subrule (2) upon request of any party to the motion, made at least two days before the hearing of the motion.

PART 3Powers of the Registrar

Order of Registrar Binding

 Subject to Rule 78, every order made by the Registrar shall be binding on all parties concerned as if the order had been made by a judge.

Reference to a Judge

 The Registrar may refer any matter before him or her to a judge.

PART 4General Rules

Name of Party

 A party whose name is registered in accordance with a federal or provincial Act shall file with the Registrar a notice of name in Form 14.

  • SOR/2011-74, s. 5

Representation of Parties

  •  (1) Subject to Rule 17, counsel for a party in the court appealed from is deemed to be counsel before the Court.

  • (2) Subject to subrule (3), a party may either act in person or be represented by counsel.

  • (3) A corporation, partnership or unincorporated association shall be represented by counsel unless

    • (a) it was permitted to be represented by a person other than counsel in the court appealed from, and it chooses to continue to be represented by that person in the Court; or

    • (b) on motion, a judge grants it leave to be represented by a person other than counsel in accordance with the applicable federal or provincial legislative enactment.

Agents

  •  (1) A party to an appeal shall only conduct business with the Registrar through an agent.

  • (2) A party to any other proceeding may choose to conduct business with the Registrar through an agent.

  • (3) No agent shall represent more than one party in any proceeding except with the consent of each party represented by the agent.

  • (4) An agent who represents two opposing parties shall file with the Registrar a notice in Form 16.

  • (5) A party may appoint a permanent agent by filing with the Registrar a notice to that effect.

Change of Representation or Withdrawal of Counsel or Agent

  •  (1) A party may change their counsel or agent by identifying the new counsel or agent on the originating document, or during the course of the proceeding, by serving on all other parties and filing with the Registrar a notice of change setting out the name, address and telephone number, and the fax number and email address, if any, of the new counsel or agent.

  • (2) A party who was represented by counsel in the court appealed from may elect to act in person by signing the originating document.

  • (3) A party who was not represented by counsel in the court appealed from may elect to be represented by counsel by serving on all other parties and filing with the Registrar a notice to that effect.

  • (4) A counsel may choose to cease to represent a party before the Court by

    • (a) serving on all other parties and filing with the Registrar a notice of withdrawal of counsel accompanied by the consent of the party; or

    • (b) in the absence of the consent of the party, making a motion to a judge or the Registrar for an order that the counsel no longer represents the party, and serving on that party and all other parties the motion and, if the motion is granted, the order of withdrawal.

  • (5) An agent may cease to represent a party by serving on that party and all other parties and filing with the Registrar a notice of withdrawal.

  • SOR/2011-74, s. 6

Adding and Substituting Parties

  •  (1) A person may be added or substituted as a party on motion before a judge or the Registrar that sets out the reasons for the addition or substitution.

  • (2) Subject to subrule (5), no person shall be added or substituted as a party without the person’s consent being filed with the Registrar.

  • (3) The motion referred to in subrule (1) shall also be served on the proposed added or substituted party.

  • (4) Parties added or substituted shall be served with all documents provided for in these Rules, and any time periods shall begin as provided for in the order unless a judge or the Registrar otherwise orders.

  • (5) In any proceeding, the Court or a judge may order that a party be added or substituted where, in the opinion of the Court or the judge, such addition or substitution is necessary to enable the Court to adjudicate the questions in issue.

Filing of Documents

  •  (1) A document may be filed with the Registrar by

    • (a) hand delivery;

    • (b) mail or courier; or

    • (c) fax transmission, except in the case of a document that these Rules require to be bound.

  • (2) On receipt of a document, the Registrar may

    • (a) accept or reject the document for filing; or

    • (b) accept the document for filing subject to the making of any corrections or the fulfilling of any conditions precedent.

  • (2.1) to (2.3) [Repealed, SOR/2011-74, s. 7]

  • (3) A document that is filed by fax transmission shall include a cover page in accordance with subrule 20(3) and is deemed to have been filed on the day on which it is received, unless it is received between 5:00 p.m. and 12:00 a.m. local time or on a day that is a holiday, in which case it is deemed to have been filed the following day that is not a holiday.

  • (4) The date of the filing stamp of the Court on the document shall be deemed to be the date of its filing, unless the Court, a judge or the Registrar otherwise orders.

  • (5) All documents filed shall be served in accordance with Rule 20 on all parties unless these Rules provide otherwise or the Court, a judge or the Registrar otherwise orders.

  • SOR/2006-203, s. 2
  • SOR/2011-74, s. 7

Filing of Sealed Documents

  •  (1) A document that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation shall be filed in a sealed envelope and accompanied by a covering letter and a copy of the sealing or confidential order or provision of the applicable legislation.

  • (2) The following documents shall be filed in a sealed envelope, along with two redacted printed versions and one redacted electronic version of the document if one is required under these Rules:

    • (a) a document containing a document that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation;

    • (b) a document that reveals information that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation; or

    • (c) a document that a party requires to be sealed.

  • (3) A document referred to in paragraph (2)(b) or (c) shall be accompanied by a motion to seal to the Registrar.

  • SOR/2011-74, s. 8

Service of Documents

  •  (1) Service of any document on a party shall be made on the party’s counsel or agent or, if the party is not represented by counsel, on the party or the party’s agent by

    • (a) personal service made on any day other than a holiday;

    • (b) ordinary mail, except for originating documents or documents filed in support;

    • (c) registered or certified mail or by courier;

    • (d) fax transmission, except for

      • (i) documents that are required to be bound under these Rules, and

      • (ii) documents that are longer than 40 pages, unless the recipient consents to the fax transmission, or

    • (e) leaving a copy with a party’s counsel or agent or with an employee in the office of the counsel or agent.

  • (2) Service of both the printed and electronic versions is not required if the counsel being served accepts service of one of those versions.

  • (3) Every document served by fax transmission shall include a cover page that shows

    • (a) the title of the document being transmitted;

    • (b) the sender’s name, address and telephone number;

    • (c) the name of the party being served and of the party’s counsel, if any;

    • (d) the date and approximate time of the transmission;

    • (e) the number of pages transmitted, including the cover page;

    • (f) the fax number of the transmitting fax machine; and

    • (g) the name and telephone number of the person to contact if there are transmission problems.

  • (4) Subject to subrule (5), a document is deemed to have been served on the day on which it is received or is admitted to have been received, unless it is received between 5:00 p.m. and 12:00 a.m. local time or on a day that is a holiday, in which case it is deemed to have been filed the following day that is not a holiday.

  • (5) A document served by ordinary mail is deemed to have been served on the fifth business day after the document is mailed.

  • (6) When an attempt by an authorized person to serve a document in accordance with the rules of procedure applicable in the province or territory in which the document is served has failed and was recorded in that person’s certificate of service, he or she may serve the document by leaving on the premises a copy of the document intended for the addressee.

  • (7) Proof of service of the printed version or the electronic version is sufficient.

  • (8) Proof of service shall be verified by filing, in accordance with Rule 19, one of the following documents within two days after service, unless a judge or the Registrar otherwise orders:

    • (a) an affidavit of service in Form 20;

    • (b) a certificate of service by any authorized person in accordance with the rules of procedure applicable in the province or territory in which the document is served;

    • (c) an admission of service endorsed by the party or their counsel or agent;

    • (d) if service is made by registered or certified mail or by courier, an affidavit annexing a post office receipt, a receipt card bearing the signature of the person served or a copy of the tracking results of the courier service indicating the status of the delivery of the document; or

    • (e) if service is made by fax transmission, a copy of the cover page in accordance with subrule (3) and a transmission slip that confirms the date and time of transmission.

  • (9) The Registrar may, on motion, make any order for substitutional service that the circumstances require.

  • SOR/2006-203, s. 3
  • SOR/2011-74, s. 8

Guidelines for Preparing Documents

  •  (1) Every document before the Court shall be prepared in accordance with the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic), as amended from time to time.

  • (2) Unless otherwise ordered or permitted by the Court, a judge or the Registrar, if an electronic version of a document is required by these Rules, it must be a true copy of the original printed version; in the case of a discrepancy, the original printed version will be considered official.

  • SOR/2006-203, s. 4
  • SOR/2011-74, s. 8

Style of Cause

  •  (1) [Repealed, SOR/2011-74, s. 9]

  • (2) The style of cause in an application for leave to appeal shall name, followed by their status in the court appealed from,

    • (a) as an applicant, each party bringing the application for leave to appeal;

    • (b) as a respondent, each party against whom the applicant brings the application for leave to appeal — including, in Quebec, a mis-en-cause — and who was adverse in interest to the applicant in the court appealed from; and

    • (c) as an intervener,

      • (i) any intervener who was given full party status in the court appealed from and, in Quebec, any mis-en-cause in the court appealed from who is not already named in the style of cause,

      • (ii) each person who has been granted leave to intervene in accordance with Rule 59, and

      • (iii) each administrative board or tribunal whose jurisdiction is at issue, whether or not the board or tribunal was active in the proceedings in the court appealed from.

  • (3) The style of cause in an appeal shall name, followed by their status in the court appealed from,

    • (a) as an appellant, each party bringing the appeal;

    • (b) as a respondent, each party against whom the appellant brings the appeals — including, in Quebec, a mis-en-cause — and who was adverse in interest to the appellant in the court appealed from; and

    • (c) as an intervener,

      • (i) any intervener who was given full party status in the court appealed from and, in Quebec, any mis-en-cause in the court appealed from who is not already named in the style of cause,

      • (ii) each person who has been granted leave to intervene in accordance with Rule 59,

      • (iii) each attorney general who has filed a notice of intervention in accordance with subrule 61(4), and

      • (iv) each administrative board or tribunal whose jurisdiction is at issue, whether or not the board or tribunal was active in the proceedings in the court appealed from.

  • (3.1) The style of cause in a motion shall follow the style of cause for the application for leave to appeal or the appeal, as the case may be, and may be abbreviated to name only the first applicant and respondent, or the first appellant and respondent, as the case may be.

  • (4) A motion may be brought under Rule 18 to include in the style of cause as a party any other person who was a party, mis-en-cause or an intervener in the court appealed from and who must be a party to the proceedings to give effect to a judgment of the Court.

  • SOR/2006-203, s. 5
  • SOR/2011-74, s. 9

Covers

 [Repealed, SOR/2011-74, s. 10]

 [Repealed, SOR/2011-74, s. 10]

PART 5Leave to Appeal

Application for Leave to Appeal

  •  (1) An application for leave to appeal shall be bound and consist of the following, in the following order:

    • (a) a notice of application for leave to appeal in Form 25A;

    • (b) a notice of name in Form 14, if applicable;

    • (c) 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;

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

    • (d) 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, a certificate in Form 25C setting out the issues;

    • (e) beginning with the court of first instance or the administrative tribunal, as the case may be, and ending with the court appealed from,

      • (i) copies of the reasons, if any, for the respective judgments of the lower courts, in the form of a photocopy or of a printout from an electronic database,

      • (ii) copies of all formal judgments or orders, as signed and entered, and

      • (iii) copies of all draft orders, the final versions of which shall be filed separately immediately after they are signed and entered;

    • (f) a memorandum of argument divided as follows:

      • (i) Part I, a concise overview of the party’s position with respect to issues of public importance that are raised in the application for leave to appeal and a concise statement of facts,

      • (ii) Part II, a concise statement of the questions in issue,

      • (iii) Part III, a concise statement of argument,

      • (iv) Part IV, submissions, if any, not exceeding one page in support of the order sought concerning costs,

      • (v) Part V, the order or orders sought, including the order or orders sought with respect to costs,

      • (vi) Part VI, a table of authorities, arranged alphabetically and setting out the paragraph numbers in Part III where the authorities are cited, and

      • (vii) Part VII, a photocopy, or a printout from an electronic database, of those provisions of any statute, regulation, rule, ordinance or by-law being relied on, in both official languages if they are required by law to be published in both official languages; and

    • (g) the documents, including any affidavit in support of the application for leave to appeal, that the applicant intends to rely on, in chronological order.

  • (2) Parts I to V of the memorandum of argument shall not exceed 20 pages.

  • (3) If the documents referred to in paragraph (1)(g) include transcripts or evidence, a party shall reproduce only the relevant excerpts of the transcript or evidence, including exhibits.

  • (4) If the documents referred to in paragraph (1)(g) are reproduced in the record filed with the court appealed from, six copies of that record may be filed with the Registrar instead of the documents.

  • (5) An application for leave to appeal may contain, after the memorandum of argument, a copy of the authorities that the applicant intends to rely on, or be accompanied by six copies of a book of authorities that is bound, contains a copy of those authorities and is prepared in accordance with Rule 44, with any modifications that the circumstances require.

  • SOR/2006-203, s. 7
  • SOR/2011-74, s. 11

Service and Filing

  •  (1) An applicant shall file with the Registrar the original and five copies of the application for leave to appeal.

  • (2) In addition to the service required under paragraph 58(1)(a) of the Act, an applicant shall

    • (a) send to any party in the court appealed from who is not named in the style of cause referred to in subrule 22(2) a copy of the notice of application for leave to appeal by ordinary mail or by fax to the latest known address or fax number, as the case may be; and

    • (b) file with the Registrar an affidavit attesting to the names of the parties referred to in paragraph (a) and the addresses or fax numbers to which the copies were sent.

  • SOR/2006-203, s. 8

Response

  •  (1) Within 30 days after the service of the application for leave to appeal, a respondent or an intervener may respond to the application for leave to appeal by

    • (a) serving a response on all other parties; and

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

  • (2) The response shall be bound and consist of the following, in the following order:

    • (a) a notice of name in Form 14, if applicable;

    • (b) a certificate in Form 25B in accordance with paragraph 25(1)(c);

    • (c) a memorandum of argument in accordance with paragraph 25(1)(f), with Parts I to V not exceeding 20 pages in the case of a respondent and five pages in the case of an intervener; and

    • (d) the documents that the respondent or intervener intends to rely on, in chronological order, in accordance with subrules 25(3) to (5).

  • SOR/2006-203, s. 9
  • SOR/2011-74, s. 12

Reply

  •  (1) Within 10 days after service of the response of the respondent or the intervener to the application for leave to appeal or within the time referred to in subrule 30(1) if paragraph 30(2)(b) applies, the applicant 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. 13

PART 6Leave to Cross-appeal

Application for Leave to Cross-Appeal

  •  (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.

  • SOR/2006-203, s. 10
  • SOR/2011-74, s. 14

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 7Submission 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 8Appeals 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

Service and Filing of Notice of Appeal

  •  (1) In addition to the service required under paragraph 58(1)(b) of the Act, the appellant shall send to any party in the court appealed from who is not named in the style of cause referred to in subrule 22(3) a copy of the notice of appeal by ordinary mail or by fax to the last known address or fax number.

  • (2) The appellant shall file with the Registrar the original and one copy of the printed version of the notice of appeal together with an affidavit setting out the names of the parties referred to in subsection (1) and the addresses or fax numbers to which the copies were sent.

  • (3) The appellant shall file with the Registrar one copy of the electronic version of the notice of appeal.

  • SOR/2006-203, s. 12
  • SOR/2011-74, s. 18

Service and Filing of Appellant’s Documents

  •  (1) Subject to subrule (2), within 12 weeks after the notice of appeal is filed, the appellant shall

    • (a) serve on all other appellants and all respondents

      • (i) one copy of the electronic version of the appellant’s notice of appeal, factum, record and book of authorities,

      • (ii) three copies of the printed version of the appellant’s factum, and

      • (iii) one copy of the printed version of the appellant’s record and book of authorities;

    • (b) serve on all interveners one copy of the printed and electronic versions of the appellant’s factum, record and book of authorities;

    • (c) file with the Registrar

      • (i) one copy of the electronic version of the appellant’s factum, record and book of authorities,

      • (ii) the original and 23 copies of the printed version of the factum, and the original and 20 copies of the printed version of any volume of the record containing Parts I and II,

      • (iii) 11 copies of all other volumes of the printed version of the record, and

      • (iv) 11 copies of the printed version of the book of authorities; and

    • (d) file with the Registrar a redacted copy of the electronic version of the appellant’s factum, if the factum contains any of the following:

      • (i) information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

      • (ii) information that is subject to a publication ban,

      • (iii) information that is subject to limitations on public access, or

      • (iv) personal data identifiers or personal information that, if combined with the individual’s name, could pose a serious threat to the individual’s personal security.

  • (2) If a motion to state a constitutional question has been filed, the 12-week period referred to in subrule (1) shall begin on the day on which the motion to state a constitutional question is decided.

  • (3) Within two weeks after being served under paragraph 36(2)(a) with a respondent’s factum that includes a factum in a cross-appeal, the appellant may serve and file, in accordance with subparagraph (1)(a)(i), paragraph (1)(b) and subparagraph (1)(c)(i), a factum in response to the cross-appeal.

  • (4) Within two weeks after being served with the factum referred to in subrule 29(3), the appellant may serve and file a factum in response in accordance with subparagraph (1)(a)(i), paragraph (1)(b) and subparagraph (1)(c)(i).

  • SOR/2006-203, s. 13
  • SOR/2011-74, s. 19

Service and Filing of Respondent’s Documents

  •  (1) Within eight weeks after the service of the appellant’s record, the respondent shall

    • (a) serve on all appellants, all other respondents and all interveners one copy of the printed and electronic version of the respondent’s record; and

    • (b) file with the Registrar one copy of the electronic and original version and 11 copies of the printed version of the record.

  • (2) Within eight weeks after the service of the appellant’s factum, the respondent shall

    • (a) serve on all appellants and all other respondents

      • (i) one copy of the electronic version of the respondent’s factum and book of authorities,

      • (ii) three copies of the printed version of the respondent’s factum, and

      • (iii) one copy of the printed version of the respondent’s book of authorities;

    • (b) serve on all interveners one copy of the printed and electronic version of the respondent’s factum and book of authorities;

    • (c) file with the Registrar

      • (i) one copy of the electronic version of the respondent’s factum and book of authorities,

      • (ii) the original version and 23 copies of the printed version of the respondent’s factum, and

      • (iii) 11 copies of the printed version of the respondent’s book of authorities; and

    • (d) file with the Registrar a redacted copy of the electronic version of the respondent’s factum, if the factum contains any of the following:

      • (i) information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

      • (ii) information that is subject to a publication ban,

      • (iii) information that is subject to limitations on public access, or

      • (iv) personal data identifiers or personal information that, if combined with the individual’s name, could pose a serious threat to the individual’s personal security.

  • SOR/2006-203, s. 14
  • SOR/2011-74, s. 19

Service and Filing of Intervener’s Documents

 Within eight weeks after the order granting leave to intervene for an intervener referred to in subparagraph 22(3)(c)(ii), within 20 weeks after the filing of a notice of intervention under subrule 61(4) for an intervener referred to in subparagraph 22(3)(c)(iii) or within eight weeks after the service of the appellant’s factum for an intervener referred to in subparagraph 22(3)(c)(i) or (iv), as the case may be, the intervener shall

  • (a) serve on all other parties one copy of the printed and electronic version of the intervener’s factum and book of authorities;

  • (b) file with the Registrar

    • (i) one copy of the electronic version of the intervener’s factum and book of authorities,

    • (ii) the original and 23 copies of the printed version of the intervener’s factum, and

    • (iii) 11 copies of the printed version of the intervener’s book of authorities, and

  • (c) file with the Registrar a redacted copy of the electronic version of the intervener’s factum, if the factum contains any of the following:

    • (i) information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

    • (ii) information that is subject to a publication ban,

    • (iii) information that is subject to limitations on public access, or

    • (iv) personal data identifiers or personal information that, if combined with the individual’s name, could pose a serious threat to the individual’s personal security.

  • SOR/2006-203, s. 15
  • SOR/2011-74, s. 19

Documents on Appeal and Cross-Appeal

Appellant’s Record

  •  (1) An appellant’s record shall be bound and consist of the following parts:

    • (a) Part I, a Certificate of Counsel in Form 38;

    • (b) Part II, copies of all formal judgments as issued by the lower courts and the respective reasons for judgment, if any, beginning with the court of first instance or administrative tribunal, as the case may be, and ending with the court appealed from, and the complete charge to the jury, if any;

    • (c) Part III, pleadings, orders and entries, including any order or judgment granting leave to appeal, and any order stating a constitutional question referred to in subrule 60(1), in chronological order;

    • (d) Part IV, evidence, including transcripts and affidavits; and

    • (e) Part V, exhibits, in the order in which they were filed at trial.

  • (2) Parts III to V of the record shall contain only the documents that are necessary to raise the question for the Court, and, if available, those documents shall be filed in both official languages.

  • (3) All documents in a record, other than transcripts, shall be reproduced in full.

  • SOR/2011-74, s. 19

Respondent’s Record

  •  (1) A respondent’s record shall be bound and consist of the following parts:

    • (a) Part I, a Certificate of Counsel in Form 39;

    • (b) Part II, pleadings, orders and entries, in chronological order;

    • (c) Part III, evidence, including transcripts and affidavits; and

    • (d) Part IV, exhibits, in the order in which they were filed at trial.

  • (2) Parts II to IV of the record shall contain only the documents that are not already included in the appellant’s record and are necessary to raise the question for the Court, and, if available, those documents shall be filed in both official languages.

  • (3) All documents in a record, other than transcripts, shall be reproduced in full.

  • SOR/2011-74, s. 19

Printing Requirements for a Record

 [Repealed, SOR/2011-74, s. 20]

Dispensing with Printing of Record

 A judge or the Registrar may, on motion, dispense with the printing of documents forming part of a record.

Factum on Appeal

  •  (1) [Repealed, SOR/2011-74, s. 21]

  • (2) The factum shall be bound and consist of the following parts:

    • (a) Part I consisting of

      • (i) in the appellant’s factum, a concise overview of their position and a concise statement of the facts,

      • (ii) in the respondent’s factum, a concise overview of their position and a concise statement of their position with respect to the appellant’s statement of facts, including a concise statement of any other facts that the respondent considers relevant, and

      • (iii) in the intervener’s factum, a concise overview of their arguments with respect to their intervention, including a concise statement of the facts relevant to the issue on which they have intervened;

    • (b) Part II consisting of

      • (i) in the appellant’s factum, a concise statement of the questions in issue in the appeal, and

      • (ii) in the respondent’s factum and, subject to subrule 59(3), in the intervener’s factum, a concise statement of their positions with respect to the appellant’s questions;

    • (c) Part III consisting of a statement of argument setting out concisely the questions of law or fact to be discussed, with reference to the page of the record and to the tab, page and paragraph number of the authorities being relied on;

    • (d) Part IV consisting of submissions, if any, not exceeding one page in support of the order sought concerning costs;

    • (e) Part V consisting of

      • (i) in the appellant’s factum and the respondent’s factum, a concise statement of the order or orders sought, and

      • (ii) in the intervener’s factum, if not yet determined in the order granting the intervention, any request for permission to present oral argument at the hearing of the appeal;

    • (f) Part VI consisting of a table of authorities, arranged alphabetically and setting out the paragraph numbers in Part III where the authorities are cited; and

    • (g) Part VII consisting of a photocopy, or a printout from an electronic database, of those provisions of any statute, regulation, rule, ordinance or by-law directly at issue, in both official languages if they are required by law to be published in both official languages, but lengthy statutes shall be bound in a separate volume, and statutes not directly at issue shall be included in the book of authorities.

  • (3) [Repealed, SOR/2006-203, s. 17]

  • (4) Parts I to V of the factum of any appellant or respondent shall not exceed 40 pages, unless a judge or the Registrar, on motion, otherwise orders.

  • (5) Parts I to V of the factum of an attorney general referred to in subrule 61(4) shall not exceed 20 pages, unless a judge or the Registrar, on motion, otherwise orders.

  • (6) Parts I to V of the factum of an intervener, other than an attorney general referred to in subrule 61(4), shall not exceed 10 pages, unless a judge or the Registrar, on motion, otherwise orders.

  • (7) The appellant shall include a copy of any order stating a constitutional question referred to in subrule 61(1) as an appendix to their factum.

  • SOR/2006-203, s. 17
  • SOR/2011-74, s. 21

Factum on Cross-Appeal

  •  (1) Where the Court has granted leave to cross-appeal,

    • (a) the respondent’s factum shall consist of two main sections, and each shall be divided into seven parts as described in subrule 42(2), the first section entitled “FACTUM OF RESPONDENT ON APPEAL” and the second section, “FACTUM OF APPELLANT ON CROSS-APPEAL”, both in upper-case letters; and

    • (b) the appellant’s factum on cross-appeal shall be divided into seven parts as described in subrule 42(2) and entitled “FACTUM OF THE RESPONDENT ON CROSS-APPEAL” in upper-case letters.

  • (2) Parts I to V of any factum in a cross-appeal shall not exceed 20 pages unless a judge or the Registrar, on motion, otherwise orders.

  • (3) [Repealed, SOR/2006-203, s. 18]

  • SOR/2006-203, s. 18

Book of Authorities

  •  (1) [Repealed, SOR/2011-74, s. 22]

  • (2) The book of authorities shall be bound and contain

    • (a) a copy of all of the following authorities that the party intends to rely on, each of which shall be marked with a tab:

      • (i) in the case of a respondent’s book, only the authorities not contained in the appellant’s book of authorities, and

      • (ii) in the case of an intervener’s book, only the authorities not contained in either the appellant’s or the respondent’s book of authorities; and

    • (b) a photocopy or a printout from an electronic database of the provisions of any statute, regulation, rule, ordinance or by-law that are cited in Part III of the factum and are not included in Part VII of the factum, in both official languages if they are required by law to be published in both official languages.

  • (3) In the case of reasons for judgment of the Court, the book of authorities shall contain only the relevant excerpts from the Canada Supreme Court Reports or from an electronic database if the reasons were delivered after 1994 and the paragraph numbering in the reasons is consistent with the numbering in the Canada Supreme Court Reports.

  • (4) In the case of all other reasons for judgment, the book of authorities shall contain

    • (a) if the reasons for judgment are available electronically, only the relevant excerpts including the paragraphs immediately preceding and following the relevant excerpts, the head note, if any, and the reference to the electronic database clearly marked on the page containing the excerpt; or

    • (b) if the reasons for judgment are not available electronically, the reasons for judgment in full.

  • (5) to (7) [Repealed, SOR/2011-74, s. 22]

  • SOR/2006-203, s. 19
  • SOR/2011-74, s. 22

Condensed Books

  •  (1) A party at the hearing of the appeal shall provide all other parties with a copy of a bound single condensed book containing the excerpts from the record and book of authorities that that party will refer to in oral argument and shall file 14 copies with the Registrar.

  • (1.1) The condensed book may contain an outline of the oral argument, which shall not exceed two pages, shall relate to the contents of the condensed book and shall not constitute a supplementary factum.

  • (2) [Repealed, SOR/2011-74, s. 23]

  • SOR/2006-203, s. 20
  • SOR/2011-74, s. 23

PART 9References

Reference to the Court

  •  (1) A reference to the Court by the Governor in Council under section 53 of the Act shall be commenced by notice of reference in Form 46 to which shall be attached a copy of the order in council authorizing the reference.

  • (1.1) An electronic version of the notice of reference and the order in council authorizing the reference shall be filed with the Registrar.

  • (2) When a reference involves the giving of an opinion as to a case already disposed of by a court of appeal, the Court may, on its own initiative, require further evidence in respect of any question that the Court considers relevant.

  • (3) Further evidence under subrule (2) shall be taken as authorized by the Act and in the manner directed by the Court.

  • (4) The Governor in Council shall bring a motion to the Chief Justice or a judge to direct the Registrar to enter a reference on a list of cases to be heard by the Court and to determine any procedural issues.

  • (5) Within one week after the filing of the notice of reference, the Governor in Council shall serve a copy of the printed and electronic version of the notice of reference and the order in council referred to in subrule (1) on the attorney general of each province and on the minister of Justice of each territory.

  • (6) Within four weeks after being served with the notice of reference, an attorney general of a province, or a minister of Justice of a territory, with any special interest in the reference shall

    • (a) serve on the Governor in Council, and any counsel requested to argue a case under subsection 53(7) of the Act, a notice of intervention; and

    • (b) file with the Registrar the original and two copies of the notice of intervention.

  • (7) Within 12 weeks after the filing of the notice of reference, the Governor in Council shall

    • (a) serve on the attorney general of any province or on the minister of Justice of any territory, having served a notice of intervention under paragraph (6)(a), and any counsel requested to argue a case under subsection 53(7) of the Act, a printed and an electronic version of the Governor in Council’s factum, record and book of authorities;

    • (b) file with the Registrar

      • (i) the electronic version of the factum, record and book of authorities,

      • (ii) the original version of the factum and 23 copies of its printed version, and

      • (iii) 11 copies of the printed version of the record and book of authorities.

  • (8) Any counsel requested to argue a case under subsection 53(7) of the Act shall, within eight weeks after the request or within eight weeks after the filing of the Governor in Council’s factum, whichever is later,

    • (a) serve electronic and printed versions of the counsel’s factum, record and book of authorities on the Governor in Council;

    • (b) file with the Registrar

      • (i) the electronic version of the factum, record and book of authorities,

      • (ii) the original version of the factum and 23 copies of its printed version, and

      • (iii) 11 copies of the printed version of the record and book of authorities.

  • (9) An attorney general of a province or a minister of Justice of a territory filing a notice of intervention under subrule (6) shall, within 20 weeks after filing the notice,

    • (a) serve on the Governor in Council and any counsel requested to argue a case under subsection 53(7) of the Act a copy of the attorney general’s factum, or the minister’s factum, and book of authorities;

    • (b) file with the Registrar

      • (i) the electronic version of the factum, record and book of authorities,

      • (ii) the original version of the factum and 23 copies of its printed version, and

      • (iii) 11 copies of the printed version of the record and book of authorities.

  • (10) Within four weeks after the filing of the factum of the Governor in Council, any person interested in intervening in the reference may make a motion for intervention to a judge in accordance with Rules 47 and 57 by

    • (a) serving on each of the Governor in Council, and any counsel requested by the Court under subsection 53(7) of the Act, a copy of the person’s motion; and

    • (b) filing with the Registrar the original and two copies of the motion.

  • (11) The motion for intervention shall be dealt with in accordance with Rules 58 and 59, and the service and filing of the intervener’s documents shall be in accordance with Rule 37.

  • (12) A redacted electronic version of any factum in a reference shall be filed, if the factum contains any of the following:

    • (a) information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation;

    • (b) information that is subject to a publication ban;

    • (c) information that is subject to limitations on public access; or

    • (d) personal data identifiers or personal information that, if combined with the individual’s name, could pose a serious threat to the individual’s personal security.

  • SOR/2006-203, s. 21
  • SOR/2011-74, s. 24

PART 10Motions — General Rules

Motion to a Judge or the Registrar

General

  •  (1) Unless otherwise provided in these Rules, all motions shall be made before a judge or the Registrar and consist of the following documents, in the following order:

    • (a) a notice of motion in accordance with Form 47;

    • (b) any affidavit necessary to substantiate any fact that is not a matter of record in the Court;

    • (c) if considered necessary by the applicant, a memorandum of argument in accordance with paragraph 25(1)(f), with any modifications that the circumstances require;

    • (d) the documents that the applicant intends to rely on, in chronological order, in accordance with subrule 25(3); and

    • (e) a draft of the order sought, including costs.

  • (1.1) An originating motion shall include, after the notice of motion,

    • (a) 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;

    • (b) a copy of any order referred to in subparagraph (a)(i) and (ii) or of the provision of the applicable legislation mentioned in subparagraphs (a)(i) to (iii); and

    • (c) 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, a certificate in Form 25C setting out the issues.

  • (2) Parts I to V of the memorandum of argument shall not exceed 10 pages.

  • (3) There shall be no oral argument on the motion unless a judge or the Registrar otherwise orders.

  • SOR/2006-203, s. 22
  • SOR/2011-74, s. 25

Service and Filing

  •  (1) An applicant shall

    • (a) serve the motion on all parties to the motion and a copy of the notice of motion on all other parties; and

    • (b) file with the Registrar the original and two copies of the motion.

  • (2) A motion related to an application for leave to appeal may be served and filed with the application for leave to appeal.

  • SOR/2006-203, s. 23

Response to Motion

  •  (1) Within 10 days after service of the motion, a respondent to the motion may respond to the motion by

    • (a) serving a response on all moving parties and other respondents to the motion; and

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

  • (2) The response shall consist of the following, in the following order:

    • (a) if considered necessary by the respondent to the motion, a memorandum of argument in accordance with paragraph 25(1)(f), with any modifications that the circumstances require; and

    • (b) the documents that the respondent intends to rely on, in chronological order, in accordance with subrule 25(3).

  • (3) Parts I to V of the memorandum of argument shall not exceed 10 pages.

  • (4) Despite subrule (1), in the case of a motion served and filed with an application for leave to appeal, with the exception of a motion to expedite, the response to the motion may be served and filed with the response to the application for leave to appeal.

  • SOR/2006-203, s. 24

Reply

  •  (1) Within five days after service of the response to the motion, an applicant may reply by

    • (a) serving a reply on all parties to the motion; and

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

  • (2) The reply shall consist of a memorandum of argument not exceeding five pages.

  • (3) Despite subrule (1), in the case of a motion served and filed with an application for leave to appeal, the reply may be served and filed with the reply to the response to the application for leave to appeal.

  • SOR/2006-203, s. 25

Submission to a Judge or the Registrar

  •  (1) The motion shall be submitted to a judge or the Registrar

    • (a) after the reply is filed or at the end of the five-day period referred to in Rule 50, as the case may be; or

    • (b) if no response to the motion is filed, at the end of the 10-day period referred to in Rule 49.

  • (2) The judge or the Registrar may

    • (a) decide the motion;

    • (b) order an oral hearing of the motion;

    • (c) refer the motion for decision to the Court; or

    • (d) in the case of a motion related to an application for leave to appeal, refer the motion to the judges to whom the application for leave to appeal has been submitted.

  • (3) Despite subrule (1), a motion related to an application for leave to appeal may be submitted for decision directly to the judges to whom the application for leave to appeal is submitted.

Motion Before the Court

General

  •  (1) When the Act or these Rules require that a motion be heard by the Court, the motion shall be bound and consist of the following, in the following order:

    • (a) a notice of motion in Form 52;

    • (b) any affidavit necessary to substantiate any fact that is not a matter of record in the Court;

    • (c) a memorandum of argument in accordance with paragraph 25(1)(f), with any modifications that the circumstances require; and

    • (d) the documents that the applicant intends to rely on, in chronological order, in accordance with subrule 25(3).

  • (1.1) An originating motion shall include, after the notice of motion,

    • (a) 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;

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

    • (c) 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, a certificate in Form 25C setting out the issues.

  • (2) Parts I to V of the memorandum of argument shall not exceed 20 pages.

  • SOR/2006-203, s. 26
  • SOR/2011-74, s. 26

Service and Filing

 An applicant shall

  • (a) serve the motion on all parties to the motion and a copy of the notice of motion on all other parties; and

  • (b) file with the Registrar the original and 14 copies of the motion.

  • SOR/2006-203, s. 27

Response

  •  (1) Within 10 days after service of the motion, a respondent to the motion may respond to the motion by

    • (a) serving a response on all moving parties and other respondents to the motion; and

    • (b) filing with the Registrar the original and 14 copies of the response.

  • (2) The response shall be bound and consist of the following, in the following order:

    • (a) a memorandum of argument in accordance with paragraph 25(1)(f), with any modifications that the circumstances require; and

    • (b) the documents that the respondent intends to rely on, in chronological order, in accordance with subrule 25(3).

  • (3) Parts I to V of the memorandum of argument shall not exceed 20 pages.

  • (4) After the response to the motion is filed or at the end of the 10-day period referred to in subrule (1), the Registrar shall send a notice of hearing of the motion in Form 69, with any modifications that the circumstances require, to all parties.

  • SOR/2006-203, s. 28
  • SOR/2011-74, s. 27

PART 11Particular Motions

Motion for Intervention

 Any person interested in an application for leave to appeal, an appeal or a reference may make a motion for intervention to a judge.

 A motion for intervention shall be made in the case of

  • (a) an application for leave to appeal, within 30 days after the filing of the application for leave to appeal;

  • (b) an appeal, within four weeks after the filing of the factum of the appellant; and

  • (c) a reference, within four weeks after the filing of the Governor in Council’s factum.

  • SOR/2006-203, s. 29
  •  (1) The affidavit in support of a motion for intervention shall identify the person interested in the proceeding and describe that person’s interest in the proceeding, including any prejudice that the person interested in the proceeding would suffer if the intervention were denied.

  • (2) A motion for intervention shall

    • (a) identify the position the person interested in the proceeding intends to take in the proceeding; and

    • (b) set out the submissions to be advanced by the person interested in the proceeding, their relevance to the proceeding and the reasons for believing that the submissions will be useful to the Court and different from those of the other parties.

 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 have a constitutional question stated 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)
  •  (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 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

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.

Scheduling — Appeals

  •  (1) After the respondent’s factum is filed or at the end of the eight-week period referred to in Rule 36, the Registrar shall enter the appeal on a list of cases to be heard by the Court.

  • (2) On confirmation of the date of hearing by the Court, and no later than the first day of a session referred to in section 32 of the Act, the Registrar shall issue a list of appeals to be heard in the order in which the cases have been set down for hearing and send a copy of a notice of hearing in Form 69 to all parties.

  • SOR/2006-203, s. 34

Appearances — Motions and Applications for Leave

 Unless the Court or a judge otherwise orders,

  • (a) no more than one counsel shall present oral argument for each party on motions and applications for leave to appeal;

  • (b) the applicant or all of the applicants, as the case may be, shall limit their oral argument to 15 minutes in total, and their reply to five minutes in total; and

  • (c) the respondent or all of the respondents, as the case may be, shall limit their oral argument to 15 minutes in total.

  • (d) [Repealed, SOR/2006-203, s. 35]

  • SOR/2006-203, s. 35

Appearances — Appeals

  •  (1) Unless the Court, a judge or the Registrar otherwise orders or directs,

    • (a) no more than two counsel for each appellant or respondent and one counsel for each intervener shall present oral argument on an appeal; and

    • (b) no more than one counsel for each appellant shall have the right of a reply.

  • (2) Respondents and interveners do not have the right of reply unless the Court or a judge otherwise orders.

  • (3) A respondent or an intervener who fails to serve and file their factum within the time set out in Rule 36 or 37, or in an order of the Court, a judge or the Registrar, as the case may be, shall not present oral argument on the appeal unless a judge, on motion, otherwise orders.

  • (4) The name of counsel appearing before the Court shall be given in writing to the Registrar at least two weeks before the appeal is to be heard.

  • (5) Unless the Court, a judge or the Registrar otherwise orders or directs,

    • (a) the appellant or all of the appellants, as the case may be, shall limit their oral argument to one hour in total, and their reply to five minutes, but when the appellant or all of the appellants do not use the entire hour for principal argument, up to a maximum of 15 additional minutes may be taken for reply;

    • (b) the respondent or all of the respondents, as the case may be, shall limit their oral argument to one hour in total; and

    • (c) an attorney general referred to in subrule 61(4) shall limit their oral argument to 10 minutes.

    • (d) [Repealed, SOR/2006-203, s. 36]

  • (6) If a judge or the Registrar directs that a motion related to an appeal must be heard by the Court on the day of the hearing of the appeal, the time allotted under subrule (5) to the party who made the motion shall be reduced accordingly unless the Court, a judge or the Registrar otherwise orders.

  • (7) All counsel appearing before the Court shall be robed.

  • SOR/2006-203, s. 36
  • SOR/2011-74, s. 32

Failure to Appear

 If any party fails to appear on the day and at the time fixed for the hearing, the Court may hear the party or parties present and may dispose of the proceeding without hearing the party so failing to appear, or may postpone the hearing on such terms, including the payment of costs, as the Court considers appropriate.

PART 14Reconsiderations and Re-hearings

Reconsideration of Application for Leave to Appeal

  •  (1) There shall be no reconsideration of an application for leave to appeal unless there are exceedingly rare circumstances in the case that warrant consideration by the Court.

  • (2) A motion for reconsideration must be served on all parties and the original and five copies filed with the Registrar within 30 days after the judgment on the application for leave to appeal.

  • (3) The motion for reconsideration shall be bound and consist of the following, in the following order:

    • (a) a notice of motion for reconsideration in Form 47, with any modifications that the circumstances may require;

    • (b) an affidavit setting out the exceedingly rare circumstances in the case that warrant consideration by the Court and an explanation of why the issue was not previously raised;

    • (c) any new documents that the party intends to rely on; and

    • (d) a statement of argument not exceeding 10 pages.

  • (4) A motion for reconsideration that includes an affidavit that does not set out exceedingly rare circumstances as required in paragraph 3(b), shall not be submitted to the Court.

  • (5) A respondent may respond to a motion for reconsideration within 10 days after its acceptance for filing by serving on all other parties and filing with the Registrar the original and five copies of a memorandum of argument not exceeding 10 pages.

  • (6) Within 10 days after the service of the response, the applicant may reply by serving on all parties and filing with the Registrar the original and five copies of a memorandum of argument not exceeding five pages.

  • SOR/2006-203, s. 37
  • SOR/2011-74, s. 33

Re-hearing of Application for Leave to Appeal

 There shall be no re-hearing of an application for leave to appeal.

Reconsideration or Re-Hearing of a Motion

 Subject to Rule 78, there shall be no reconsideration or re-hearing of a motion.

Re-Hearing of Appeal

  •  (1) At any time before judgment is rendered or within 30 days after the judgment, a party may make a motion to the Court for a re-hearing of an appeal.

  • (2) Notwithstanding the time referred to in subrule 54(1), the other parties may respond to the motion for a re-hearing within 15 days after service of the motion.

  • (3) Within 15 days after service of the response to the motion for a re-hearing, the applicant may reply by serving on all other parties and filing with the Registrar the original and 14 copies of the reply.

  • (4) Notwithstanding subrule 54(4), there shall be no oral argument on a motion for a re-hearing unless the Court otherwise orders.

  • (5) If the Court orders a re-hearing, the Court may make any order as to the conduct of the hearing as it considers appropriate.

PART 15Orders and Judgments

Orders

 Every order shall be signed either by the judge who made it or by the Registrar.

Review of Order of Registrar

  •  (1) Within 20 days after the Registrar makes an order, any party affected by the order may make a motion to a judge to review the order.

  • (2) The affidavit in support of the motion shall set out the reasons for the objection to the order.

Judgment of the Court

 A judgment rendered by the Court shall be signed by a judge and sealed with the Court seal.

Date of Judgment

 Every judgment shall bear the date on which it is rendered and shall take effect from that day unless the Court otherwise orders.

Amending Judgment

  •  (1) Within 30 days after a judgment, a party may make a motion to a judge or, if all the parties affected have consented to amend the judgment, a request to the Registrar, if the judgment

    • (a) contains an error arising from an accidental slip or omission;

    • (b) does not accord with the judgment as delivered by the Court in open court; or

    • (c) overlooked or accidentally omitted a matter that should have been dealt with.

  • (2) The judge on a motion under subrule (1) may dismiss the motion, amend the judgment or direct that a motion for a re-hearing be made to the Court in accordance with Rule 76.

  • SOR/2011-74, s. 34

PART 16Fees and Costs

Fees Payable to Registrar

  •  (1) The fees payable to the Registrar are those set out in Schedule A.

  • (2) A party may on motion to the Registrar request an exemption from paying any of the fees set out in Schedule A.

Taxation of Costs

  •  (1) Costs in a proceeding shall be taxed by the Registrar party and party in accordance with the tariff of fees and disbursements set out in Schedule B unless the Court otherwise orders.

  • (2) The party awarded costs shall, within six months after the order setting out the final decision on costs, serve on all parties who are liable to pay, and file with the Registrar, a notice of taxation in Form 83A together with a bill of costs in Form 83B.

  • (3) Within 10 days after service of the notice of taxation and bill of costs, a party who disputes the taxation of the bill of costs or one of its items shall serve on the party requesting the taxation and all other parties who are liable to pay, and file with the Registrar a response in letter form.

  • (4) Within five days after service of the response, the party requesting the taxation may serve on all parties who are liable to pay and file with the Registrar a reply in letter form.

  • (5) At the end of the time period referred to in subrule (4) or if a consent to taxation is filed, the Registrar shall issue a certificate of taxation.

  • (6) The certificate of taxation is final and conclusive as to all matters not objected to.

  • (7) When, pursuant to an order of the Court, a judge or the Registrar, a party who is entitled to receive costs is liable to pay costs to any other party, the Registrar may adjust the costs accordingly.

  • (8) The Registrar may direct the production of such books, papers and documents as the Registrar considers necessary to tax costs.

  • SOR/2006-203, s. 38

Objection to Taxation of Costs

  •  (1) Within 15 days after the certificate of taxation is received, any party may object to the taxation of costs on the ground that the bill of costs contains a clerical or calculation error by serving on all other parties and filing with the Registrar an objection in letter form specifying the errors alleged and the corrections sought to be made.

  • (2) Any party who objects to the taxation of costs on any other ground not specified in subrule (1) may, within 15 days after the certificate of taxation is received, make a motion to a judge for a review of the taxation, and the judge may make such order with respect to the item in dispute as that judge considers appropriate.

  • (3) An objection to the taxation shall be determined upon the evidence that had been brought before the Registrar, and no further evidence shall be received in support of the motion unless the judge or the Registrar, as the case may be, otherwise orders.

  • (4) The costs in a review referred to in subrule (2) shall be in the discretion of the judge.

Costs of Discontinuance or Dismissal

 Except in the case of a proceeding commenced under a provision of the Criminal Code,

  • (a) if a proceeding is discontinued or dismissed as abandoned, a respondent is entitled to have their costs taxed by the Registrar without a further order, unless the Court or a judge otherwise orders; and

  • (b) if a motion for an extension of time that is submitted for decision in accordance with subrule 51(3) is denied, a respondent is entitled to have their costs taxed on the application for leave to appeal by the Registrar without a further order, unless the Court or a judge otherwise orders.

  • SOR/2006-203, s. 39

PART 17Security

Payment of Money Out of Court

  •  (1) Money deposited as security under paragraph 60(1)(b) of the Act may be paid out of Court on motion to the Registrar or by sending a letter to the Registrar in which all the parties affected have consented.

  • (2) The Registrar may provide for the payment of all monies to the party who paid the security, their counsel or their agent.

  • (3) If any other party, their counsel and their agent cannot be found, notice of a motion for payment out may be given by posting a copy of it at the Registry and the Registrar shall refer the motion to a judge no sooner than 28 days after the notice was posted.

  • SOR/2006-203, s. 40

Security and Interest

 Interest in accordance with the Financial Administration Act shall be paid on money deposited as security.

Dispensing with Security

  •  (1) A party may, on motion to a judge or the Registrar, request an exemption from providing security under paragraph 60(1)(b) of the Act.

  • (2) The affidavit of a party in support of a motion under subrule (1) shall set out that the party’s net assets, exclusive of their family home and the subject-matter of the proceeding, do not exceed $5,000 and that they are unable to provide security.

PART 18Miscellaneous Provisions

Affidavit

  •  (1) An affidavit shall be filed to substantiate any fact that is not a matter of record in the Court.

  • (2) An affidavit to be used in a proceeding shall be limited to the statement of facts within the knowledge of the deponent, but statements based on information or belief that state the source of the information or the grounds for the belief may be admitted by the Court, a judge or the Registrar.

  • (3) When the record of the court appealed from or of the trial court is filed with the Registrar, that record is part of the record of the Court.

Examination on Affidavit

  •  (1) Any party may, by leave of a judge or the Registrar on motion, cross-examine the deponent of an affidavit filed with the Registrar by serving on the party who filed the affidavit a notice requiring the production of the deponent and documents for cross-examination before a commissioner for oaths designated by the judge or the Registrar.

  • (2) The notice required by subrule (1) shall be served within the time that the judge or Registrar may order.

  • (3) Any cross-examination referred to in subrule (1) shall take place before the proceeding is heard unless a judge or the Registrar otherwise orders.

  • (4) The transcript of a cross-examination may be filed with the Registrar within 10 days after the cross-examination.

  • (5) A judge or the Registrar may, on his or her own initiative, order the production of documents on a cross-examination.

  • (6) Where a deponent is not produced for cross-examination, the deponent’s affidavit shall be struck out unless a judge or the Registrar otherwise orders.

Oaths and Witnesses

  •  (1) The Registrar and each Registry officer who is certified as a commissioner for oaths may administer oaths.

  • (2) The Registrar may examine witnesses in any proceeding.

Appointment of Amicus Curiae

 The Court or a judge may appoint an amicus curiae in an appeal.

Changes Affecting the Record

[SOR/2011-74, s. 35(F)]

 Counsel or their agents shall advise the Court in writing of any changes that affect the record in any motion, application for leave to appeal or appeal. When necessary, a party shall bring a motion to adduce new evidence to bring the change to the attention of the Court.

  • SOR/2006-203, s. 41

Discontinuance

  •  (1) Subject to subrule (2), a party may discontinue any proceeding by serving on all other parties and filing with the Registrar a notice of discontinuance.

  • (2) An appellant who discontinues an appeal under section 69 of the Act shall also serve on the clerk of the court appealed from a copy of the notice of discontinuance.

Notices to the Profession

 The Registrar may issue notices to the profession as the Registrar considers necessary to explain or clarify these Rules or the practice before the Court.

  • SOR/2011-74, s. 36(F)

Special Notice Convening Court

 The Registrar shall publish, in Form 95, the notice convening the Court under section 34 of the Act.

PART 19Transitional, Repeal and Coming into Force

Transitional

 The Rules in force on the day prior to the day these Rules come into force shall continue to apply to all cases where the notice of appeal has been filed before the day these Rules come into force.

Repeal

 [Repeal]

Coming into force

 These Rules come into force on June 28, 2002.

FORM 14Rule 14Notice of Name

(Style of cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name) is registered in accordance with (name federal or provincial Act) under its name only (official language in which the name is registered).

OR

TAKE NOTICE that (name) is registered in accordance with (name federal or provincial Act) under the following bilingual name:

(Set out the name of the party in both official languages)

Dated at (place and province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party filing notice or agent)

blank line
Counsel or party filing notice
(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any))
blank line
Agent
(Agent’s name, address and telephone number, and fax number and e-mail address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any), of every party)

  • SOR/2011-74, s. 37

FORM 16Rule 16Notice of Agent Representing Two Opposing Parties

(Style of cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that I (name), agent for (name parties), have advised these parties that I am representing two opposing parties before this Court and that these parties consent.

Dated at (place and province or territory) this (date) day of (month), (year).

Agent

(Signed)

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any), of every party)

  • SOR/2011-74, s. 38

FORM 20Rule 20Affidavit of Service

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

I, (name of deponent), (profession of deponent), of (place, province or territory), MAKE OATH AND SAY AS FOLLOWS:

THAT on the (date) day of (month), (year), I did serve (name of person served), with a true copy of the (identify document served) by (list the method or methods of service used):

  • (a) ordinary mail;

  • (b) registered or certified mail or by courier (annex a post office receipt, a receipt bearing the signature of the person served or a copy of the tracking results of the courier service indicating the status of the delivery of the document); or

  • (c) electronic mail.

Sworn (or Affirmed) before me at

the (City, Town, etc.) of (name) in the (Province or Territory) of (name), this blank line day of blank line, 20blank line.

A Commissioner of Oaths

(Signature of deponent)

  • SOR/2011-74, s. 39

FORMS 22 AND 23

[Repealed, SOR/2011-74, s. 40]

FORM 25ARule 25Notice of Application for Leave To Appeal

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name) hereby applies for leave to appeal to the Court, pursuant to (cite the section of the Act or these Rules under which the application for leave is made), from the judgment of the (name of the court appealed fromand file number from that court) made (date), and for (insert the nature of order or relief sought) or any further or other order that the Court may deem appropriate;

AND FURTHER TAKE NOTICE that this application for leave is made on the following grounds: (set out concisely and number each ground on which the application is made).

Dated at (place and province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

blank line
Applicant
(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any))
blank line
Agent (if any)
(Agent’s name, address and telephone number, and fax number and e-mail address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any), of every party and all other parties and interveners in the court appealed from)

NOTICE TO THE RESPONDENT: A respondent may serve and file a memorandum in response to this application for leave to appeal within 30 days after service of the application. If no response is filed within that time, the Registrar will submit this application for leave to appeal to the Court for consideration pursuant to section 43 of the Supreme Court Act.

(A notice of application for leave to appeal must be accompanied by the certificate in Form 25B and, if applicable, by the certificate in Form 25C.)

  • SOR/2006-203, s. 43
  • SOR/2011-74, s. 41

FORM 25BRule 25Certificate (Counsel or Agent of the Applicant or Appellant)

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

I (name), (counsel or agent) for (name of applicant or appellant), hereby certify that

  • (a) (state 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);

  • (b) (state 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

  • (c) (state 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).

Dated at (place and province or territory) this (date) day of (month), (year).

(Counsel or agent) for the (applicant or appellant)

(Signature)

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any), of every party)

(Include a copy of any order or provision of applicable legislation. Any document that includes information listed in (a) shall be filed in a sealed envelope. If that document is required to be filed by these Rules, it shall be accompanied by a motion to seal, two redacted printed versions and one redacted electronic version of the document, if required — See Rule 19.1.)

  • SOR/2006-203, s. 43
  • SOR/2011-74, s. 42

FORM 25CRule 25Certificate (Counsel or Agent of the Applicant or Appellant)

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

I (name), (counsel or agent) for (name of applicant or appellant), hereby certify that (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, set out the issues).

Dated at (place and province or territory) this (date) day of (month), (year).

(Counsel or agent) for the (applicant or appellant)

(Signature)

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any), of every party)

  • SOR/2006-203, s. 43
  • SOR/2011-74, s. 43

FORM 29Rule 29Notice of Application for Leave To Cross-Appeal

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name) hereby applies for leave to cross-appeal to this Court, pursuant to (cite the section of the act or these Rules under which the application for leave to cross-appeal is made), from the judgment of the (name of the court appealed from and file number from that court) made (date) and for (insert the nature of order or relief sought) or such further or other order that the said Court may deem appropriate;

AND FURTHER TAKE NOTICE that this application for leave to cross-appeal is made on the following grounds: (set out concisely and number each ground on which the application is made).

Dated at (place and province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

blank line
Respondent
(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any))
blank line
Agent (if any)
(Agent’s name, address and telephone number, and fax number and e-mail address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any), of every party and all other parties and interveners in the court appealed from)

NOTICE TO THE APPLICANT: An applicant may serve and file a memorandum in response to this application for leave to cross-appeal within 30 days after service of the application for leave to cross-appeal.

  • SOR/2006-203, s. 44(F)
  • SOR/2011-74, s. 44

FORM 33Rule 33Notice of Appeal

(Style of Cause (Rule 22 — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that, pursuant to leave granted by the Court on (date), (name of appellant) hereby appeals to the Supreme Court of Canada from the judgment of the (name of the court appealed from) made on (date);

OR

TAKE NOTICE that (name) hereby appeals as of right to the Supreme Court of Canada from the judgment of the (name of the court appealed from) made on (date) pursuant to (set out the provision(s) of the statute that authorizes the appeal);

(In the case of an appeal under paragraph 691(1)(a), (2)(a) or (2)(b), 692(3)(a) or 693(1)(a) of the Criminal Code, state the following:)

AND FURTHER TAKE NOTICE that this appeal raises the following question or questions of law:

AND/OR

AND FURTHER TAKE NOTICE that the dissenting judgment of the court appealed from is, in whole or in part, based on the following questions of law: (as specified in the judgment issued pursuant to section 677 of the Criminal Code).

Dated at (place and province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

blank line
Appellant
(Counsel’s (or party’s if unrepresented) name, address and telephone number, and fax number and e-mail address (if any))
blank line
Agent
(Agent’s name, address and telephone number, and fax number and e-mail address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any), of every party and all other parties and interveners in the court appealed from)

(In the case of an appeal as of right, include a copy of the judgment and reasons for judgment appealed from and a copy of the certificate in Form 25B and, if applicable, a copy of the certificate in Form 25C.)

  • SOR/2006-203, s. 45
  • SOR/2011-74, s. 45

FORM 38Rule 38Certificate of Counsel (Appellant)

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

I (name), (counsel or agent) for the appellant, hereby certify that the annexed record contains the judgment appealed from and only so much of the pleadings, evidence, affidavits and other documents as is necessary to raise the question for the decision of the Court and that all recorded reasons for judgments and orders are included in the said record.

And I do further certify that I have closely examined the record and verily believe that it is a true and correct reproduction of the originals and that the same has been proofread.

Dated at (place and province or territory) this (date) day of (month), (year).

(Counsel or agent) for the appellant

(Signed)

  • SOR/2011-74, s. 46

FORM 39Rule 39Certificate of Counsel (Respondent)

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

I (name), (counsel or agent) for the respondent, hereby certify that the annexed record contains only so much of the pleadings, evidence, affidavits and other documents as is necessary to raise the question for the decision of the Court.

And I do further certify that I have closely examined the record and verily believe that it is a true and correct reproduction of the originals and that the same has been proofread.

Dated at (place and province or territory) this (date) day of (month), (year).

(Counsel or agent) for the respondent

(Signature)

  • SOR/2006-203, s. 46
  • SOR/2011-74, s. 47

FORM 46Rule 46Notice of Reference

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that the said reference is filed pursuant to (cite the section of the act or these Rules under which the reference is made).

Dated at (place and province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or agent)

blank line
Counsel
(Counsel’s name, address and telephone number, and fax number and e-mail address (if any))
blank line
Agent
(Agent’s name, address and telephone number, and fax number and e-mail address (if any))

(Attach Order in Council)

  • SOR/2011-74, s. 48

FORM 47Rule 47Notice of Motion to a Judge or the Registrar

(Style of Cause (Rule 22); Style of cause may be abbreviated in accordance with subrule 22(3.1) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name) hereby applies to (a judge or the Registrar of the Court, as the case may be) pursuant to (cite section of the Act or these Rules under which the motion is made), for an order for (insert nature of the order or relief sought) or any further or other order that the (judge or Registrar) may deem appropriate;

AND FURTHER TAKE NOTICE that the motion shall be made on the following grounds: (set out concisely and numbereach ground on which the motion is made).

Dated at (place and province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

blank line
Applicant to the motion
(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any))
blank line
Agent
(Agent’s name, address and telephone number, and fax number and e-mail address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any), of all other parties)

NOTICE TO THE RESPONDENT TO THE MOTION: A respondent to the motion may serve and file a response to this motion within 10 days after service of the motion. If no response is filed within that time, the motion will be submitted for consideration to a judge or the Registrar, as the case may be.

If the motion is served and filed with the supporting documents of the application for leave to appeal, then the Respondent may serve and file the response to the motion together with the response to the application for leave.

(In the case of an originating motion, include a copy of the judgment and reasons for judgment appealed from and a copy of the certificate in Form 25B and, if applicable, the certificate in Form 25C.)

  • SOR/2006-203, s. 47
  • SOR/2011-74, s. 49

FORM 52Rule 52Notice of Motion to the Court

(Style of cause (Rule 22); Style of cause may be abbreviated in accordance with subrule 22(3.1) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name) hereby applies to the Court, pursuant to (cite section of the Act or these Rules under which the motion is made), for an order for (insert nature of the order or relief sought) or any further or other order that the Court may deem appropriate;

AND FURTHER TAKE NOTICE that the motion shall be made on the following grounds: (set out concisely and number each ground on which the motion is made).

Dated at (place and province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

blank line
Applicant to the motion
(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any))
blank line
Agent
(Agent’s name, address and telephone number, and fax number and e-mail address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any), of all other parties)

NOTICE TO THE RESPONDENT TO THE MOTION: A respondent to the motion may serve and file a response to this motion within 10 days after service of the motion.

(This motion is required to be bound — see Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic). In the case of an originating motion, include a copy of the judgment and reasons for judgment appealed from and a copy of the certificate in Form 25B and, if applicable, a copy of the certificate in Form 25C.)

  • SOR/2006-203, s. 47
  • SOR/2011-74, s. 50

FORM 61ARule 61Notice of Constitutional Question

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that, pursuant to the order of the Chief Justice (or other judge) made on (date), the constitutional question(s) in the appeal from the judgment of the (name of court appealed from) made on (date), are attached to this Form;

AND TAKE NOTICE that any notice of intervention in Form 61B in the appeal must be served on all other parties and filed with the Registrar of the Supreme Court of Canada within four weeks after the service of this notice.

Dated at (place and province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

blank line
Applicant to the motion
(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any))
blank line
Agent
(Agent’s name, address and telephone number, and fax number and e-mail address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any), of attorneys general)

(Attach a copy of the order of constitutional question(s) and reasons for the judgment appealed from.)

  • SOR/2006-203, s. 47
  • SOR/2011-74, s. 51

FORM 61BRule 61Notice of Intervention Respecting Constitutional Question

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

By order of the Chief Justice (or other judge), made on (date), giving notice of the constitutional question(s) raised herein, (the Attorney General of blank line or Minister of Justice of the government of the blank line) intends to intervene, file a factum and (not) participate in oral argument.

Dated at (place and province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel for attorney general or agent)

blank line
Counsel for attorney general
(Counsel’s name, address and telephone number, and fax number and e-mail address (if any))
blank line
Agent
(Agent’s name, address and telephone number, and fax number and e-mail address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any) of all other parties)

  • SOR/2011-74, s. 52

FORM 64Rule 64Supreme Court of Canada

Notice of Intention To Dismiss Application for Leave for Delay

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name) has not served and filed all the documents required under Rule 25 of the Rules of the Supreme Court of Canada for this application for leave within the time set out in paragraph 58(1)(a) of the Supreme Court Act or as extended under subsection 59(1) of that Act.

AND FURTHER TAKE NOTICE that 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. The applicant must serve and file a motion for an extension of time within 20 days after the receipt of this notice.

Dated at (place and province or territory) this (date) day of (month), (year).

Registrar

ORIGINAL TO: THE APPLICANT

(Name, address and telephone number, and fax number and e-mail address (if any))

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any) of all other parties)

  • SOR/2006-203, s. 48
  • SOR/2011-74, s. 53

FORM 65Rule 65Supreme Court of Canada

Notice of Intent To Dismiss Appeal for Delay

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name) has not served and filed a notice of appeal within the time set out in paragraph 58(1)(b) of the Supreme Court Act or the time extended under subsection 59(1) of that Act;

AND FURTHER TAKE NOTICE that 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. The appellant must serve and file the motion for an extension of time within 20 days after service of this notice.

OR

TAKE NOTICE that (name) has not served and filed the appellant’s record and factum within the time set out in Rule 35 of the Rules of the Supreme Court of Canada;

AND FURTHER TAKE NOTICE that a judge may dismiss the appeal as abandoned if the time for serving and filing the appellant’s record and factum is not extended by a judge on motion. The appellant must serve and file the motion for an extension of time within 20 days after the receipt of this notice.

Dated at (place and province or territory) this (date) day of (month), (year).

Registrar

ORIGINAL TO: THE APPELLANT

(Name, address and telephone number, and fax number and e-mail address (if any))

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any), of all other parties)

  • SOR/2006-203, s. 48
  • SOR/2011-74, s. 54

FORM 67Rule 67Supreme Court of Canada

Notice of Request — Vexatious Proceeding

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that, pursuant to subrule 67(1) of the Rules of the Supreme Court of Canada, the Registrar may request a judge to make an order staying the proceedings, and, if the judge is satisfied that (name) is conducting a proceeding in a vexatious manner, the judge may order a stay of proceedings.

OR

TAKE NOTICE that, pursuant to subrule 67(1) of the Rules of the Supreme Court of Canada, the Registrar may request a judge to make an order that no further document be filed relating to a proceeding, and, if the judge is satisfied that the filing of further documents would be vexatious or made for an improper purpose, the judge may order that no further documents be filed.

Dated at (place and province or territory) this (date) day of (month), (year).

Registrar

ORIGINAL TO: THE PARTY

(Name, address and telephone number, and fax number and e-mail address (if any))

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any), of all other parties)

NOTICE TO THE PARTIES: The parties may serve and file a response to this notice within 10 days after receipt of this notice.

  • SOR/2006-203, s. 48
  • SOR/2011-74, s. 55

FORM 69Rule 69Supreme Court of Canada

Notice of Hearing

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE THAT the above-noted appeal has been scheduled for hearing on (hearing date) at (hearing time).

Dated at (place and province or territory) this (date) day of (month), (year).

Registrar

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any), of every party)

  • SOR/2011-74, s. 56

FORM 83ARule 83Notice of Taxation

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name) hereby requests the Registrar for taxation of the attached bill of costs on the (name of parties).

Dated at (place and province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party requesting taxation or agent)

blank line
Counsel or party, if unrepresented, requesting taxation
(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any))
blank line
Agent, if any
(Agent’s name, address and telephone number, and fax number and e-mail address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any), of every party liable to pay)

NOTICE TO THE PARTIES: A party who disputes the taxation of the bill of costs or one of its items shall serve and file a response in letter form to this notice within 10 days after the service of this notice.

  • SOR/2011-74, s. 57

FORM 83BRule 83Bill of Costs

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

Item

Fees

(see Schedule B, Part 1)

Disbursements and applicable tax

(see Schedule B, Part 2)

  • 1 (Insert each applicable item pursuant to the tariff set out in Schedule B)

$$
SUBTOTAL$$
TOTAL$$

(The following is to be completed by the Registrar.)

Taxed and allowed at the sum of $blank line

Registrar

This blank line day of blank line 20blank line.

(Attach receipts for disbursements over $50.)

  • SOR/2006-203, s. 49
  • SOR/2011-74, s. 58

FORM 95Supreme Court of Canada

Special Session

The Supreme Court of Canada will hold a special session at the City of Ottawa on the blank line day of blank line 20blank line, for the purpose of hearing causes and disposing of such other business as may be brought before the Court (or for the purpose of hearing election appeals, criminal appeals or appeals in cases of habeas corpus, or for the purpose of giving judgments only, as the case may be).

By order of the Chief Justice, or by order of Justice blank line.

Registrar

Dated this blank line day of blank line 20blank line.

SCHEDULE A(Rule 82)Tariff of Fees To Be Paid to the Registrar of the Supreme Court of Canada

  • 1 On the filing of

    • (a) a notice of application for leave, notice of appeal if leave to appeal is not required or notice of reference blank line $75

      (The fee does not apply to a notice of application for leave to cross-appeal.)

    • (b) a notice of motion blank line $75

    • (c) a notice of taxation blank line $75

  • 2 For making photocopies or printing copies from microfilm, per page,

    • (a) by Court staff blank line $1

      (There is no additional fee for regular mailing, faxing or electronically transmitting the photocopies.)

    • (b) by self-service blank line $0.50

  • 3 For electronic documents or copies thereof, per document blank line $10

  • 3.1 For audio and video recordings blank line $35

  • 4 For certification of a copy of a document blank line $20

  • 5 For Registrar’s certificate attesting to the state of proceedings in any matter or certifying that there are no such proceedings blank line $20

  • 6 For taking affidavits blank line $50Footnote *

  • 7 For each copy of reasons for judgment blank line $15

  • 8 For the Bulletin of Proceedings,

Any person may be exempted from paying any of the above fees, in special cases, at the Registrar’s discretion.

  • SOR/2006-203, s. 50
  • SOR/2011-74, ss. 59 to 62

SCHEDULE B(Rule 83)Tariff of Fees and Disbursements To Be Taxed Between Parties in the Supreme Court of Canada

Part 1 — Counsel’s fees
  • 1 Application for leave to appeal:

    • (a) preparation of an application for leave to appeal or application for leave to cross-appeal, or of a response to one of those applications,

      • (i) if dealt with in writing blank line $800

        or

      • (ii) if oral hearing held blank line $1,000

    • (b) if no response is filed, for the review of an application for leave or application for leave to cross-appeal, at the Registrar’s discretion, up to blank line $300

    • (c) preparation of the first copy of an application for leave to appeal, an application for leave to cross-appeal, a response or a reply, per page blank line $1.35

  • 2 Motion:

    • (a) preparation of a motion or response to a motion,

      • (i) if dealt with in writing blank line $300

        or

      • (ii) if oral hearing held blank line $800

    • (b) if no response is filed, for the review of a motion, at the Registrar’s discretion, up to blank line $200

    • (c) additional fee for preparation of the first copy of a motion book, a response, or a reply, per page blank line $1.35

  • 3 Appeal:

    • (a) notice of appeal blank line $50

    • (b) preparation of factum blank line $650

    • (c) preparation of the first copy of factum, record, book of authorities and condensed book, per page blank line $1.35

    • (d) hearing of the appeal, preparation for and attendance at hearing,

      • (i) fee for the principal counsel blank line $2,100

      • (ii) fee for the junior counsel blank line $700

    • (e) additional fee for appeals that are discontinued or dismissed as abandoned appeals blank line $500

  • 4 Miscellaneous:

    • (a) fee to the duly entered agent,

      • (i) on leave blank line $200

      • (ii) on appeal blank line $500

    • (b) cross-examination of a deponent under Rule 90, at the Registrar’s discretion, up to blank line $150

All fees are subject to an increase or decrease in exceptional cases, at the Registrar’s discretion.

Part 2 — Disbursements

At the Registrar’s discretion:

  • 1 Fees paid to the Registrar under Schedule A.

  • 2 A reasonable amount for reproducing documents required to be filed with the Court in accordance with a receipt from the printer or $0.25 per page without a receipt.

  • 3 Reasonable amounts for other disbursements necessarily incurred in proceedings before the Court, including travel expenses accompanied by supporting documentation. Disbursements incurred for electronic legal research shall not be included. Kilometric rates must be calculated in accordance with Treasury Board directives.

  • 4 Attach receipts for disbursements over $50.

  • 5 The GST, or, if applicable, the HST, may be recovered for disbursements under items 2 and 3.

  • SOR/2006-203, s. 50
  • SOR/2011-74, s. 63
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