Rules of the Supreme Court of Canada

42 (1) The appellant’s factum shall be bound in beige covers, the respondent’s factum in green covers and the intervener’s factum in blue covers.

(2) The factum shall 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, 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, and the intervener’s position with respect to the disposition of the legal issues on which they intervened;

• (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, and of that of an attorney general who files a notice of intervention in accordance with subrule 61(4), 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 intervener other than 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) An affidavit in support of a motion under subrule (4) or (5) shall set out the complexity of the issues under appeal that would justify a lengthy factum.