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Rules of the Supreme Court of Canada

Version of section 73 from 2011-04-11 to 2016-12-31:

  •  (1) There shall be no reconsideration of an application for leave to appeal unless there are exceedingly rare circumstances in the case that warrant consideration by the Court.

  • (2) A motion for reconsideration must be served on all parties and the original and five copies filed with the Registrar within 30 days after the judgment on the application for leave to appeal.

  • (3) The motion for reconsideration shall be bound and consist of the following, in the following order:

    • (a) a notice of motion for reconsideration in Form 47, with any modifications that the circumstances may require;

    • (b) an affidavit setting out the exceedingly rare circumstances in the case that warrant consideration by the Court and an explanation of why the issue was not previously raised;

    • (c) any new documents that the party intends to rely on; and

    • (d) a statement of argument not exceeding 10 pages.

  • (4) A motion for reconsideration that includes an affidavit that does not set out exceedingly rare circumstances as required in paragraph 3(b), shall not be submitted to the Court.

  • (5) A respondent may respond to a motion for reconsideration within 10 days after its acceptance for filing by serving on all other parties and filing with the Registrar the original and five copies of a memorandum of argument not exceeding 10 pages.

  • (6) Within 10 days after the service of the response, the applicant may reply by serving on all parties and filing with the Registrar the original and five copies of a memorandum of argument not exceeding five pages.

  • SOR/2006-203, s. 37
  • SOR/2011-74, s. 33
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