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Federal Courts Rules

Version of section 346 from 2021-06-17 to 2024-02-20:


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, either separate from or 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
  • SOR/2021-151, s. 15

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