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Rules of the Supreme Court of Canada

Version of section 49 from 2021-01-27 to 2021-05-04:

  •  (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.

  • SOR/2006-203, s. 24
  • SOR/2013-175, s. 32
  • SOR/2016-271, s. 32
  • SOR/2019-1, s. 8
  • SOR/2020-281, s. 12
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