Rules of the Supreme Court of Canada

42 (1) [Repealed, SOR/2011-74, s. 21]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)(f) shall 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]