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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART 6Appeals (continued)

General (continued)

Appeal Books (continued)

Marginal note:Content of appeal book

  •  (1) An appeal book shall contain, on consecutively numbered pages and in the following order,

    • (a) a table of contents describing each document;

    • (b) the notice of appeal and any notice of cross-appeal;

    • (c) the order appealed from, as signed and entered, and any reasons, including dissenting reasons, given in respect of that order;

    • (d) the originating document, any other pleadings and any other document in the first instance that defines the issues in the appeal;

    • (e) subject to subsection (2), all documents, exhibits and transcripts agreed on under subsection 343(1) or ordered to be included on a motion under subsection 343(3);

    • (f) any order made in respect of the conduct of the appeal;

    • (g) any other document relevant to the appeal;

    • (h) an agreement reached under subsection 343(1) as to the contents of the appeal book or an order made under subsection 343(3); and

    • (i) a certificate in Form 344, signed by the appellant’s solicitor, stating that the contents of the appeal book are complete and legible.

  • Marginal note:Colour of cover

    (1.1) An appeal book that is filed in paper copy shall have a grey cover.

  • Marginal note:Transcripts separate

    (2) Transcripts may be reproduced in a separate document.

  • SOR/2006-219, s. 13
  • SOR/2015-21, s. 21

Marginal note:Appeal book

  •  (1) An appellant shall serve and file the appeal book within 30 days after the day on which a copy of an agreement under subsection 343(1) is filed or an order under subsection 343(3) is obtained.

  • Marginal note:Number of copies

    (2) The appellant shall file

    • (a) if the appeal is brought in the Federal Court, an electronic copy of or three paper copies of the book; and

    • (b) if the appeal is brought in the Federal Court of Appeal, an electronic copy of or five paper copies of the book.

  • SOR/2004-283, ss. 32, 33
  • SOR/2015-21, s. 22

Memoranda

Marginal note:Appellant’s memorandum

  •  (1) Within 30 days after filing an appeal book, the appellant shall serve and file a memorandum of fact and law.

  • Marginal note:Respondent’s memorandum

    (2) Within 30 days after service of the appellant’s memorandum of fact and law, the respondent shall serve and file the respondent’s memorandum of fact and law.

  • Marginal note:Where cross-appeal filed

    (3) Where a respondent has served a notice of cross-appeal under rule 341,

    • (a) the respondent shall serve and file a memorandum of fact and law as appellant by cross-appeal, as part of the respondent’s memorandum of fact and law, within the time set out in subsection (2); and

    • (b) the appellant shall serve and file a memorandum of fact and law as respondent to cross-appeal, within 30 days after service of the respondent’s memorandum of fact and law.

  • Marginal note:Colour of memorandum

    (4) A memorandum of fact and law that is in paper copy shall have

    • (a) in the case of the appellant’s memorandum, a beige cover;

    • (b) in the case of the respondent’s memorandum, a green cover; and

    • (c) in the case of an intervener’s memorandum, a blue cover.

  • Marginal note:Number of memoranda to be filed

    (5) Memoranda of fact and law shall be filed in the same number as are appeal books.

  • SOR/2015-21, s. 23

Requisition for Hearing

Marginal note:Requisition for hearing

  •  (1) Within 20 days after service of the respondent’s memorandum of fact and law or 20 days after the expiration of the time for service of the respondent’s memorandum of fact and law, whichever is the earlier, an appellant shall serve and file a requisition in Form 347 requesting that a date be set for the hearing of the appeal.

  • Marginal note:Default by appellant

    (2) Where an appellant fails to comply with subsection (1), a respondent may, in lieu of bringing a motion under rule 167, serve and file a requisition in Form 347 to request that a date be set for the hearing of the appeal.

  • Marginal note:Content of requisition

    (3) A requisition referred to in subsection (1) shall

    • (a) include a statement that the requirements of subsections 346(1) and (5) have been satisfied and that any notice required under section 57 of the Act has been given;

    • (b) set out the location at which the hearing should be held;

    • (c) set out the maximum number of hours or days required for the hearing;

    • (d) list any dates within the following 90 days on which the parties are not available for a hearing;

    • (e) set out the name, address, telephone number and fax number of the solicitor for every party to the appeal or, where a party is not represented by a solicitor, the person’s name, address, telephone number and any fax number; and

    • (f) indicate whether the hearing will be in English or French, or partly in English and partly in French.

  • SOR/2002-417, s. 20(E)

Book of Authorities

Marginal note:Joint book of authorities

  •  (1) Subject to subsection (2), at least 30 days before the hearing date, the parties shall file

    • (a) if the appeal is brought in the Federal Court, an electronic copy of or three paper copies of a joint book of statutes, regulations and authorities; and

    • (b) if the appeal is brought in the Federal Court of Appeal, an electronic copy of or five paper copies of a joint book of statutes, regulations and authorities.

  • Marginal note:Separate books

    (2) If the parties cannot agree on a joint book of statutes, regulations and authorities, they shall file separate books in lieu thereof, without reproducing documents included in the book of another party.

  • Marginal note:Enactments in both official languages

    (3) Extracts of federal statutes and regulations in a book of statutes, regulations and authorities shall be reproduced in both official languages.

  • Marginal note:Colour of cover

    (4) A book of statutes, regulations and authorities that is in paper copy shall have

    • (a) if the book is filed jointly, a burgundy cover; and

    • (b) if the book is filed separately, a cover that is the same colour as the filing party’s memorandum of fact and law.

  • SOR/2004-283, ss. 32, 33
  • SOR/2015-21, s. 24

Consent to Reversal or Variation of Judgment

Marginal note:Consent to reversal or variation of judgment

  •  (1) A respondent may consent to the reversal or variation of an order appealed from by serving and filing a notice to that effect.

  • Marginal note:Judgment on consent

    (2) The Court may pronounce judgment in accordance with a notice filed under subsection (1) if the resultant judgment is one that could have been given on consent.

Material in the Possession of a Tribunal

Marginal note:Material in possession of a tribunal

 Rules 317 to 319 apply to appeals and motions for leave to appeal, with such modifications as are necessary.

New Evidence on Appeal

Marginal note:New evidence on appeal

 In special circumstances, the Court may grant leave to a party to present evidence on a question of fact.

Motions for Leave to Appeal

Marginal note:Leave to appeal

  •  (1) Unless the Court orders otherwise, where leave to appeal is required, it shall be obtained on a motion brought in writing.

  • Marginal note:Respondents and service

    (2) On a motion under subsection (1) the moving party shall name as respondents all persons referred to in rule 338 and personally serve all persons referred to in rule 339.

 
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