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

Regulations are current to 2021-02-15 and last amended on 2019-01-15. Previous Versions

AMENDMENTS NOT IN FORCE

  • — SOR/2020-281, s. 1

  • — SOR/2020-281, s. 2

      • 2 (1) The portion of subrule 25(1) of the Rules before paragraph (c) is replaced by the following:

          • 25 (1) An application for leave to appeal must be bound and consist of the following:

            • (a) a notice of application for leave to appeal in Form 25, citing the legislative provision that authorizes the application for leave to appeal and including as a schedule to the notice of application for leave to appeal, beginning with the court of first instance or the administrative tribunal, as the case may be, and ending with the court appealed from,

              • (i) the reasons for judgment, if any,

              • (ii) the formal judgments or orders, as signed and entered, and

              • (iii) if the formal judgments or orders have not been signed and entered, all draft orders, the final versions of which must be filed separately immediately after they are signed and entered;

      • (2) Subparagraph 25(1)(c)(i) of the Rules is replaced by the following:

        • (i) Part I, a concise overview of the applicant’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,

      • (3) Subparagraph 25(1)(c)(vi) of the Rules is replaced by the following:

        • (vi) Part VI, a table of authorities — including the relevant provisions of any statute, regulation, rule, ordinance or by-law being relied on, in both official languages if the provisions are required by law to be published in both official languages — that is arranged alphabetically, includes, if available, hyperlinks to all authorities and sets out the paragraph numbers where the authorities are cited in the memorandum of argument, and

      • (4) Paragraph 25(1)(d) of the Rules is replaced by the following:

        • (d) if, in support of the application for leave to appeal, the applicant intends to rely on transcripts or evidence from the record filed with the court appealed from, the relevant excerpts of the transcripts or evidence, including exhibits.

      • (5) Subrules 25(2) to (4) of the Rules are replaced by the following:

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

  • — SOR/2020-281, s. 3

      • 3 (1) The portion of subrule 26(1) of the English version of the Rules before paragraph (a) is replaced by the following:

          • 26 (1) An applicant must file with the Registrar

      • (2) Paragraphs 26(1)(a) and (b) of the Rules are replaced by the following:

        • (a) a copy of the electronic version of the application for leave to appeal referred to in subrule 25(1), with the reasons for judgment of the lower courts included as hyperlinks, if available, and any motion related to the application for leave to appeal; and

        • (b) the original and two copies of the printed version of the application for leave to appeal referred to in subrule 25(1).

      • (3) The portion of subrule 26(2) of the English version of the Rules before paragraph (a) is replaced by the following:

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

      • (4) Paragraphs 26(2)(a) and (b) of the Rules are replaced by the following:

        • (a) send to all other applicants, all respondents and all interveners a copy of the electronic version referred to in paragraph (1)(a) by email and file with the Registrar a read or delivery receipt; and

        • (b) 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 and file with the Registrar confirmation that the notice was sent.

  • — SOR/2020-281, s. 4

      • 4 (1) Paragraphs 27(1)(b) to (d) of the Rules are replaced by the following:

        • (b) filing with the Registrar the original and two copies of the printed version of the response and a copy of the electronic version of the memorandum of argument referred to in paragraph (2)(a), if any, and any response to any motion related to the application for leave to appeal; and

        • (d) sending to all other parties a copy of the electronic version of the memorandum of argument referred to in paragraph (2)(a), if any, and any response to any motion related to the application for leave to appeal by email.

      • (2) The portion of subrule 27(2) of the Rules before paragraph (a) is replaced by the following:

        • (2) The response must be bound and consist of the following:

      • (3) Paragraph 27(2)(a) of the French version of the Rules is replaced by the following:

        • a) un mémoire conforme aux exigences prévues à l’alinéa 25(1)c), dont les parties I à V comptent, ensemble, au plus vingt pages, dans le cas de l’intimé, et au plus cinq pages, dans celui de l’intervenant;

      • (4) Paragraph 27(2)(b) of the Rules is replaced by the following:

        • (b) if, in support of the response, the respondent or intervener intends to rely on transcripts or evidence from the record filed with the court appealed from, the relevant excerpts of the transcripts or evidence, including exhibits.

      • (5) Rule 27 of the Rules is amended by adding the following after subrule (2):

        • (3) Subrule (2) does not apply if the response is no longer than two pages.

  • — SOR/2020-281, s. 5

      • 5 (1) Paragraphs 28(1)(b) to (d) of the Rules are replaced by the following:

        • (b) filing with the Registrar the original and two copies of the printed version of the reply and a copy of the electronic version of the memorandum of argument referred to in subrule (2), if any, and any reply to the response to any motion related to the application for leave to appeal; and

        • (d) sending to all other parties a copy of the electronic version of the memorandum of argument referred to in subrule (2), if any, and any reply to the response to any motion related to the application for leave to appeal by email.

      • (2) Subrule 28(2) of the Rules is replaced by the following:

        • (2) The reply must be bound and consist of a memorandum of argument not exceeding five pages.

        • (3) Subrule (2) does not apply if the reply is no longer than two pages.

  • — SOR/2020-281, s. 6

      • 6 (1) Paragraphs 29(1)(b) to (d) of the Rules are replaced by the following:

        • (a.1) filing with the Registrar the original and two copies of the printed version of the application for leave to cross-appeal and a copy of the electronic version of the notice of application for leave to cross-appeal, the memorandum of argument and any motion related to the application for leave to cross-appeal;

        • (b) sending to the parties referred to in paragraph (a) a copy of the electronic version of the notice of application for leave to cross-appeal referred to in paragraph (2)(a), a memorandum of argument in accordance with paragraph 25(1)(c) and any motion related to the application for leave to cross-appeal by email, and filing with the Registrar a read or delivery receipt; and

        • (c) 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, and filing with the Registrar confirmation that the notice was sent.

      • (2) Paragraph 29(2)(a) of the Rules is replaced by the following:

        • (a) must be bound and consist of a notice of application for leave to cross-appeal in Form 29, and must be otherwise in accordance with Rule 25, with any modifications that the circumstances require; and

  • — SOR/2020-281, s. 7

      • 7 (1) Paragraphs 30(1)(b) to (d) of the Rules are replaced by the following:

        • (b) filing with the Registrar the original and two copies of the printed version of the response and a copy of the electronic version of the memorandum of argument in accordance with paragraph 25(1)(c), if any, and any response to any motion related to the application for leave to cross-appeal; and

        • (d) sending to all other parties to the application for leave to cross-appeal a copy of the electronic version of the memorandum of argument, if any, and any response to any motion related to the application for leave to cross-appeal by email.

      • (2) Paragraph 30(2)(a) of the Rules is replaced by the following:

        • (a) must be bound and be otherwise in accordance with subrule 27(2), with any modifications that the circumstances require; and

      • (3) Rule 30 of the Rules is amended by adding the following after subrule (2):

        • (3) Subrule (2) does not apply if the response to the application for leave to cross-appeal is no longer than two pages.

  • — SOR/2020-281, s. 8

      • 8 (1) Paragraphs 31(1)(b) to (d) of the Rules are replaced by the following:

        • (b) filing with the Registrar the original and two copies of the printed version of the reply and a copy of the electronic version of the memorandum of argument, if any, and any reply to the response to any motion related to the application for leave to cross-appeal; and

        • (d) sending to all other parties to the application for leave to cross-appeal a copy of the electronic version of the memorandum of argument, if any, and any reply to the response to any motion related to the application for leave to cross-appeal by email.

      • (2) Subrule 31(2) of the Rules is replaced by the following:

        • (2) The reply must be bound and consist of a memorandum of argument not exceeding five pages.

        • (3) Subrule (2) does not apply if the reply is no longer than two pages.

  • — SOR/2020-281, s. 9

      • 9 (1) The portion of subrule 33(1) of the English version of the Rules before paragraph (a) is replaced by the following:

          • 33 (1) A notice of appeal under paragraph 60(1)(a) of the Act must

      • (2) Paragraph 33(1)(b) of the Rules is replaced by the following:

        • (b) in the case of an appeal under paragraph 691(1)(a) or (2)(a) or (b), 692(3)(a) or 693(1)(a) of the Criminal Code, cite the legislative provision that authorizes the appeal, 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 information or indictment, the judgment and the reasons for judgment, if any, of the court of first instance or the notation on the indictment or on an equivalent document, and the judgment and the reasons for judgment of the court appealed from; and

  • — SOR/2020-281, s. 10

    • 10 Subrule 38.1(2) of the French version of the Rules is replaced by the following:

      • (2) L’appelant qui choisit de déposer le dossier présenté à la juridiction inférieure signifie aux autres parties une copie de la version électronique et en dépose une telle copie auprès du registraire.

  • — SOR/2020-281, s. 11

    • 11 Paragraph 47(1)(d) of the Rules is replaced by the following:

      • (d) if, in support of the motion, the applicant intends to rely on transcripts or evidence from the record filed with the court appealed from, the relevant excerpts of the transcripts or evidence, including exhibits; and

  • — SOR/2020-281, s. 12

    • 12 Paragraph 49(2)(b) of the Rules is replaced by the following:

      • (b) if, in support of the response, the respondent intends to rely on transcripts or evidence from the record filed with the court appealed from, the relevant excerpts of the transcripts or evidence, including exhibits.

  • — SOR/2020-281, s. 13

    • 13 Paragraph 52(1)(d) of the Rules is replaced by the following:

      • (d) if, in support of the motion, the applicant intends to rely on transcripts or evidence from the record filed with the court appealed from, the relevant excerpts of the transcripts or evidence, including exhibits.

  • — SOR/2020-281, s. 14

    • 14 Paragraph 54(2)(b) of the Rules is replaced by the following:

      • (b) if, in support of the response, the respondent intends to rely on transcripts or evidence from the record filed with the court appealed from, the relevant excerpts of the transcripts or evidence, including exhibits.

  • — SOR/2020-281, s. 15

      • 15 (1) Subrule 73(2) of the Rules is replaced by the following:

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

      • (2) The portion of subrule 73(3) of the Rules before paragraph (a) is replaced by the following:

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

      • (3) Subrules 73(5) and (6) of the Rules are replaced by the following:

        • (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 two copies of the printed version 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 two copies of the printed version of a memorandum of argument not exceeding five pages.

  • — SOR/2020-281, s. 16

    • 16 Rule 79 of the Rules is replaced by the following:

      • 79 A judgment rendered by the Court must be dated, signed by a judge and sealed with the Court seal. A judgment is deemed to be signed if it bears a facsimile of the judge’s signature.

  • — SOR/2020-281, s. 17

      • 17 (1) The portion of subrule 81(1) of the Rules before paragraph (c) is replaced by the following:

          • 81 (1) Within 30 days after a judgment is delivered or reasons for judgment are deposited, a party may make a motion to a judge requesting an amendment if the judgment or reasons for judgment

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

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

      • (2) Paragraph 81(1)(c) of the French version of the Rules is replaced by the following:

        • c) ils omettent par inadvertance ou fortuitement de trancher une question dont la Cour a été saisie.

      • (3) Subrule 81(2) of the Rules is replaced by the following:

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

  • — SOR/2020-281, s. 18

    • 18 The Rules are amended by adding the following after rule 81:

      • 81.1 The Court or a judge may, on the Court’s or the judge’s own initiative and at any time, make any amendment to the judgment or reasons for judgment that the Court or judge considers necessary.

  • — SOR/2020-281, s. 19

    • 19 Form 24A of the Rules is replaced by the following:

      FORM 24ARule 24Certificate (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, certify that the appellant’s record contains all of the reasons for judgment and orders appealed from in full 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 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), (province or territory) this (date) day of (month), (year).

      (Counsel or Agent) for the appellant

      (Signature)

  • — SOR/2020-281, s. 20

    • 20 Form 25 of the Rules is replaced by the following:

      FORM 25Rule 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 of applicant) applies for leave to appeal to the Supreme Court of Canada, under (cite the legislative provision or provisions that authorize the application for leave to appeal), from the judgment of the (name of the court appealed from and file number from that court) made on (date) and for (insert the nature of order or relief sought);

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

      Dated at (place), (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 email address (if any))
      blank line
      Agent (if any)
      (Agent’s name, address and telephone number, and fax number and email address (if any))

      ORIGINAL TO: THE REGISTRAR

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

      NOTICE TO THE RESPONDENT OR INTERVENER: A respondent or intervener may serve and file a memorandum in response to this application for leave to appeal within 30 days after the day on which a file is opened by the Court following the filing of this application for leave to appeal or, if a file has already been opened, within 30 days after the service of this application for leave to appeal. If no response is filed within that time, the Registrar will submit this application for leave to appeal to the Court for consideration under section 43 of the Supreme Court Act.

      (A certificate in Form 23A and, if applicable, certificates in Forms 23B and 23C must be filed at the same time as this notice of application for leave to appeal. In addition, any reasons for judgment and orders from the courts below must be attached to the notice, as a schedule.)

  • — SOR/2020-281, s. 21

    • 21 Form 33A of the Rules is replaced by the following:

      FORM 33AParagraph 33(1)(a)Notice 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 Supreme Court of Canada on (date), (name of appellant) appeals to the Court from the judgment of the (name of the court appealed from) made on (date);

      OR

      TAKE NOTICE that (name of appellant) appeals as of right to the Supreme Court of Canada under (cite the legislative provision or provisions that authorize the appeal) from the judgment of the (name of the court appealed from and file number from that court) made on (date);

      (In the case of an appeal under paragraph 691(1)(a) or (2)(a) or (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 under section 677 of the Criminal Code):

      Dated at (place), (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 email address (if any))
      blank line
      Agent
      (Agent’s name, address and telephone number, and fax number and email address (if any))

      ORIGINAL TO: THE REGISTRAR

      COPIES TO: (Name, address and telephone number, and fax number and email 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 information or indictment, the judgment and the reasons for judgment, if any, of the court of first instance or the notation on the indictment or on an equivalent document, the judgment and the reasons for judgment of the court appealed from, a certificate in Form 23A and, if applicable, certificates in Forms 23B and 23C.)

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