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Rules of the Supreme Court of Canada

Version of section 52 from 2006-10-13 to 2011-04-10:

  •  (1) When the Act or these Rules require that a motion be heard by the Court, the motion shall be bound with grey covers and consist of the following, in the following order:

    • (a) a notice of motion in Form 52;

    • (b) an affidavit;

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

    • (d) the documents that the applicant intends to rely on, in chronological order, in accordance with subrule 25(3).

  • (1.1) An originating motion shall include, after the notice of motion,

    • (a) a certificate in Form 25B that

      • (i) states whether there is a sealing order or ban on the publication of evidence or the names or identity of a party or witness, gives the details of the sealing order or ban, if any, and includes a copy of any written order, and

      • (ii) states whether there is any confidential information on the file that should not be accessible to the public by virtue of specific legislation and includes a copy of the provision of the legislation; and

    • (b) if a judge’s previous involvement or connection with the case would result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, a certificate in Form 25C setting out the issues.

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

  • SOR/2006-203, s. 26

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