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

PART 10Motions — General Rules

Motion to a Judge or the Registrar

General

• 47 (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)(c), with any modifications that the circumstances require;

  • (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

  • (e) except in the case of a motion for intervention, a draft of the order sought, including costs, in print and electronic format.

• (1.1) [Repealed, SOR/2013-175, s. 30]

• (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 or directs.

Service and Filing

• 48 (1) An applicant shall

  • (a) serve on all parties to the motion a copy of the electronic version of the motion;

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

  • (c) file with the Registrar

    • (i) a copy of the electronic version of the motion, and

    • (ii) the original and a copy of the printed version of the motion.

• (2) Despite subrule (1), a motion related to an application for leave to appeal or leave to cross-appeal may be served and filed with the application for leave to appeal or leave to cross-appeal in accordance with Rule 26 or 29, as the case may be.

Response to Motion

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

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

  • (b) filing with the Registrar

    • (i) a copy of the electronic version of the response, and

    • (ii) the original and a copy of the printed version of the response.

• (1.1) In the case of a motion for intervention served and filed in accordance with Rule 55, the response shall be served and filed within 10 days after the day on which the last motion to which the response relates was served.

• (2) Unless it is served and filed in the form of correspondence of no longer than two pages, the response shall consist of the following, in the following order:

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

  • (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.

• (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 or related to an application for leave to appeal or leave to cross-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 or leave to cross-appeal in accordance with Rule 27 or 30, as the case may be.

Reply

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

  • (a) serving on all parties to the motion a copy of the electronic version of the reply; and

  • (b) filing with the Registrar

    • (i) a copy of the electronic version of the reply, and

    • (ii) the original and a copy of the printed version of the reply.

• (1.1) In the case of a response to a motion for intervention served and filed in accordance with Rule 55, the reply shall be served and filed within five days after the day on which the last response to which the reply relates was served.

• (2) Unless it is served and filed in the form of correspondence of no longer than two pages, 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 or leave to cross-appeal, the reply may be served and filed with the reply to the response to the application for leave to appeal or leave to cross-appeal in accordance with Rule 28 or 31, as the case may be.

Submission to a Judge or the Registrar

• 51 (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 or leave to cross-appeal, refer the motion to the judges to whom the application for leave to appeal or leave to cross-appeal has been submitted.

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

Motion Before the Court

General

• 52 (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)(c), with any modifications that the circumstances require; and

  • (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.

• (1.1) [Repealed, SOR/2013-175, s. 35]

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

Service and Filing

53 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.