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

Service and Filing of Respondent’s Documents

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

  • (a) serve on all other parties one copy of the electronic version of the respondent’s record (except for Part IV); and

  • (b) file with the Registrar one copy of the electronic version and two copies of the printed version of the respondent’s record.

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

  • (a) serve on all other parties one copy of the electronic version of the respondent’s factum and, if any, a book of authorities;

  • (b) file with the Registrar

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

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

    • (iii) two copies of the printed version of the respondent’s book of authorities, if any; and

  • (c) file with the Registrar a redacted copy of the electronic version of the respondent’s factum, if the factum contains any of the documents and information identified in the certificate filed in accordance with subrule 23(3).

  • (d) [Repealed, SOR/2016-271, s. 23]

Service and Filing of Intervener’s Documents

• 37 (1) Within the time limit set out in subrule (2), the intervener must

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

  • (b) file with the Registrar

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

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

    • (iii) two copies of the printed version of the intervener’s book of authorities, if any; 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 documents and information identified in the certificate filed in accordance with subrule 23(3).

• (2) The documents must be served and filed

  • (a) in the case of an intervener referred to in subparagraph 22(3)(c)(ii), within six weeks after the making of the order granting an intervention, unless otherwise specified in that order;

  • (b) in the case of an intervener referred to in subparagraph 22(3)(c)(i) or (iv), within six weeks after the service of the appellant’s factum; or

  • (c) in the case of an intervener referred to in subparagraph 22(3)(c)(iii), within 16 weeks after the filing of a notice of intervention under subrule 33(4).

Documents on Appeal and Cross-Appeal

Appellant’s Record

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

  • (a) Part I, copies of the following documents:

    • (i) in chronological order, all formal judgments issued by the lower courts in respect of the case in question and the respective reasons for judgment, if any,

    • (ii) any order from the Court or judgment granting leave to appeal,

    • (iii) any notice of constitutional question referred to in subrule 33(2), and

    • (iv) in the case of a criminal matter, any information or indictment and the complete charge to the jury, if this is necessary to raise the question for the decision of the Court;

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

  • (c) Part III, evidence, including excerpts of transcripts unless the transcripts are reproduced in full in accordance with subrule (2), and affidavits; and

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

• (2) Instead of excerpts of transcripts reproduced in Part III, the record may contain transcripts reproduced in full in a separate document clearly marked as Part V.

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

• (4) All documents in a record shall be reproduced in full, other than the excerpts of transcripts that are reproduced in Part III.

• 38.1 (1) Despite these Rules, instead of including Parts II, III and IV in the appellant’s record, the appellant may file the record filed with the court appealed from if that record consists of 10 or more volumes.

• (2) An appellant who chooses to file the record filed with the court appealed from shall serve on all other parties one copy of the electronic version and shall file the same with the Registrar.

• (3) The appellant shall only file the printed version of the record on demand of the Court.

• (4) Despite these Rules, if the appellant chooses to file the record filed with the court appealed from, the respondent is not required to serve or file a respondent’s record.

Respondent’s Record

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

  • (a) Part I, any pleadings, orders and entries, in chronological order;

  • (b) Part II, evidence, including excerpts of transcripts unless the transcripts are reproduced in full in accordance with subrule (2), and affidavits; and

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

  • (d) [Repealed, SOR/2013-175, s. 27]

• (2) Instead of excerpts of transcripts reproduced in Part II, the record may contain transcripts reproduced in full in a separate document clearly marked as Part IV.

• (3) 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 decision of the Court and, if available, those documents shall be filed in both official languages.

• (4) All documents in a record shall be reproduced in full, other than excerpts of transcripts that are reproduced in Part II.

40 [Repealed, SOR/2011-74, s. 20]

Dispensing with Printing of Record

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

Factum on Appeal

• 42 (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 position with respect to the questions on which they have intervened, including a concise statement of the facts relevant to the questions 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,

    • (ii) in the respondent’s factum, a concise overview of their position with respect to the appellant’s questions, and

    • (iii) in the intervener’s factum, a concise overview of their position with respect to the appellant’s questions on which they have intervened;

  • (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, in the appellant’s factum and the respondent’s factum, submissions on the impact that any sealing or confidentiality order, publication ban, classification of information in the file as confidential under legislation or restriction on public access to information in the file could have on the Court’s reasons, if any, in the appeal; and

  • (g) Part VII consisting of a table listing alphabetically the authorities relied on, including the relevant provisions of the legislative enactments, setting out the paragraph numbers where the authority is cited and, if available, hyperlinks to those authorities and, in the case of legislative enactments, hyperlinks to the provisions only.

• (2.1) If they are required by law to be published in both official languages, the relevant provisions of any legislative enactments referred to in paragraph (2)(g) must be listed, and hyperlinks provided, if available, in both official languages.

• (3) Part V of the intervener’s factum shall not consist of any statement with respect to the outcome of the appeal unless otherwise ordered by a judge.

• (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) Unless a judge or the Registrar, on motion, otherwise orders, Parts I to V of the factum of

  • (a) an attorney general, who has filed a notice of intervention in accordance with subrule 33(4), shall not exceed 20 pages; and

  • (b) any other intervener shall not exceed 10 pages.

• (6) The appellant shall include a copy of any notice of constitutional question filed under subrule 33(2) as an appendix to their factum.

• (7) [Repealed, SOR/2016-271, s. 27]

Factum on Cross-Appeal

• 43 (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]

Authorities

• 44 (1) All authorities, if they are not available electronically, shall be filed in a book of authorities, and

  • (a) the relevant provisions of legislative enactments relied on shall be in both official languages if they are required by law to be published in both official languages; and

  • (b) the reasons for judgment shall be in full for any case law relied on.

• (2) The book of authorities shall be bound with each authority marked with a tab, and shall contain the authorities that,

  • (a) in the case of a respondent’s book, are not contained in the appellant’s book; and

  • (b) in the case of an intervener’s book, are not contained in either the appellant’s or the respondent’s book.

Condensed Books

• 45 (1) A party at the hearing of the appeal must 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 must file 14 copies with the Registrar.

• (1.1) The condensed book must contain an outline of the oral argument of no longer than two pages that relates to the contents of the condensed book and does not constitute a supplementary factum.

• (2) [Repealed, SOR/2011-74, s. 23]

PART 9References

Reference to the Court

• 46 (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 in Form 33C; 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 documents and information identified in the certificate filed in accordance with subrule 23(3).