Rules of the Supreme Court of Canada

29 (1) Within the deadline for filing a response under subrule 27(1) in the case of an appeal for which leave is required or, in all other cases, within 30 days of service of a notice of appeal, 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 a copy of the application for leave to cross-appeal on all parties who are named in the style of cause referred to in subrule 22(2) for the application for leave to cross-appeal;

• (b) sending to those parties a copy of the electronic version of each of the notice of application for leave to cross-appeal referred to in paragraph (2)(a), the memorandum of argument in accordance with paragraph 25(1)(c) and any motion related to the application for leave to cross-appeal by email to the last known email address and filing with the Registrar an affidavit attesting to the name and email address of each party to which the copies were sent or a copy of the information that is required to be annexed under paragraph 20(8)(d);

• (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 by ordinary mail, fax or email to the last known address, last known fax number or last known email address and filing with the Registrar an affidavit attesting to the name and the address, fax number or email address of each party to which the copy was sent; and

• (d) filing with the Registrar the original and five copies of the printed version of the application for leave to cross-appeal and a copy of the electronic version of each 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.

(2) The application for leave to cross-appeal

• (a) shall be bound and consist of a notice of application for leave to cross-appeal in Form 29, and shall be otherwise in accordance with Rule 25, 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(3), a factum in response that is bound and does not exceed 20 pages.