Rules of the Supreme Court of Canada (SOR/2002-156)

Dismissal for Delay — Appeals

• 65 (1) If, after leave to appeal has been granted, an appellant fails to serve and file a notice of appeal within the time set out in paragraph 58(1)(b) of the Act or the time extended under subsection 59(1) of the Act, the Registrar may send a notice of intention in Form 65 to the appellant and copies of it to all other parties, and a judge may dismiss the appeal as abandoned if the time for serving and filing the notice of appeal is not extended by a judge on motion.

• (2) If, after the notice of appeal has been filed, an appellant has not served and filed their record and factum within the time set out in Rule 35, a respondent may make a motion to a judge for the dismissal of the appeal as abandoned or the Registrar may send a notice of intention in Form 65 to the appellant and copies of it to all other parties, and a judge may dismiss the appeal as abandoned if the time for serving and filing the materials is not extended by a judge on motion.

• (3) The motion for an extension of time referred to in subrules (1) and (2) must be served and filed within 20 days after the service of the respondent’s motion for dismissal or the receipt of the Registrar’s notice of intention, as the case may be.

Vexatious Proceedings

• 66 (1) If a judge is satisfied that a party is conducting a proceeding in a vexatious manner, the judge may, on motion or at the request of the Registrar under Rule 67, order that the proceeding be stayed, on the terms the judge considers appropriate.

• (2) A judge may, on motion or at the request of the Registrar under Rule 67, order that no further documents be filed by any party relating to a proceeding if the judge is satisfied that the filing of further documents by a party would be vexatious or made for an improper purpose.

• 67 (1) The Registrar may, after sending a notice in Form 67 to any party referred to in subrule 66(1) or (2) and copies of it to all other parties, and, on the expiry of the time referred to in subrule (2) to this rule, request that a judge make an order under subrule 66(1) or (2), as the case may be.

• (2) Within 10 days after receipt of the Registrar’s notice, any party may serve on all other parties and file with the Registrar a response.

PART 13Scheduling and Appearances

Scheduling — Motions and Applications for Leave

• 68 (1) The Chief Justice or, in the absence of the Chief Justice, the senior judge present, shall set the dates on which the Court shall hear motions and applications for leave to appeal for which a hearing has been ordered pursuant to paragraph 43(1)(c) or subsection 43(1.2) of the Act.

• (2) The Court may hear motions and applications for leave to appeal on dates other than those set out in subsection 32(3) of the Act.

Scheduling — Appeals

• 69 (1) After the respondent’s factum is filed or at the end of the eight-week period referred to in Rule 36, the Registrar shall enter the appeal on a list of cases to be heard by the Court.

• (2) On confirmation of the date of hearing by the Court, and no later than the first day of a session referred to in section 32 of the Act, the Registrar shall issue a list of appeals to be heard in the order in which the cases have been set down for hearing and send a copy of a notice of hearing in Form 69 to all parties.

Appearances — Motions and Applications for Leave

70 Unless the Court or a judge otherwise orders,

• (a) no more than one counsel shall present oral argument for each party on motions and applications for leave to appeal;

• (b) the applicant or all of the applicants, as the case may be, shall limit their oral argument to 15 minutes in total, and their reply to five minutes in total; and

• (c) the respondent or all of the respondents, as the case may be, shall limit their oral argument to 15 minutes in total.

• (d) [Repealed, SOR/2006-203, s. 35]

Appearances — Appeals

• 71 (1) Unless the Court, a judge or the Registrar otherwise orders or directs,

  • (a) no more than two counsel for each appellant or respondent and one counsel for each intervener shall present oral argument on an appeal; and

  • (b) no more than one counsel for each appellant shall have the right of a reply.

• (2) Respondents and interveners do not have the right of reply unless the Court or a judge otherwise orders.

• (3) A respondent or an intervener who fails to serve and file their factum within the time set out in Rule 36 or 37, or in an order of the Court, a judge or the Registrar, as the case may be, shall not present oral argument on the appeal unless a judge, on motion, otherwise orders.

• (4) The name of counsel appearing before the Court must be given in writing to the Registrar at least four weeks before the appeal is to be heard.

• (5) Unless the Court, a judge or the Registrar otherwise orders or directs,

  • (a) the appellant or all of the appellants, as the case may be, shall limit their oral argument to one hour in total, and their reply to five minutes, but when the appellant or all of the appellants do not use the entire hour for principal argument, up to a maximum of 15 additional minutes may be taken for reply; and

  • (b) the respondent or all of the respondents, as the case may be, shall limit their oral argument to one hour in total.

  • (c) [Repealed, SOR/2016-271, s. 36]

  • (d) [Repealed, SOR/2006-203, s. 36]

• (5.1) Despite paragraphs (5)(a) and (b), the time allotted for oral argument may be reduced to 30 minutes in an appeal referred to in paragraph 33(1)(b) or (c).

• (5.2) A judge may authorize any attorney general who has filed a notice of intervention in accordance with subrule 33(4) to present oral argument at the hearing of the appeal and may determine the time to be allotted for the argument.

• (6) If a judge or the Registrar directs that a motion related to an appeal must be heard by the Court on the day of the hearing of the appeal, the time allotted under subrule (5) to the party who made the motion shall be reduced accordingly unless the Court, a judge or the Registrar otherwise orders.

• (7) All counsel appearing before the Court shall be robed.

Failure to Appear

72 If any party fails to appear on the day and at the time fixed for the hearing, the Court may hear the party or parties present and may dispose of the proceeding without hearing the party so failing to appear, or may postpone the hearing on such terms, including the payment of costs, as the Court considers appropriate.

PART 14Reconsiderations and Re-hearings

Reconsideration of Application for Leave to Appeal

• 73 (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 two copies of the printed version of the motion filed with the Registrar within 30 days after the judgment on the application for leave to appeal.

• (3) The motion for reconsideration must 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) The Registrar shall refuse to accept a motion for reconsideration that includes an affidavit that does not set out exceedingly rare circumstances as required by paragraph (3)(b).

• (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 two copies of the printed version 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 two copies of the printed version of a memorandum of argument not exceeding five pages.

Re-hearing of Application for Leave to Appeal

74 There shall be no re-hearing of an application for leave to appeal.

Reconsideration or Re-Hearing of a Motion

75 Subject to Rule 78, there shall be no reconsideration or re-hearing of a motion.

Re-Hearing of Appeal

• 76 (1) At any time before judgment is rendered or within 30 days after the judgment, a party may make a motion to the Court for a re-hearing of an appeal.

• (2) Notwithstanding the time referred to in subrule 54(1), the other parties may respond to the motion for a re-hearing within 15 days after service of the motion.

• (3) Within 15 days after service of the response to the motion for a re-hearing, the applicant may reply by serving on all other parties and filing with the Registrar the original and 14 copies of the reply.

• (4) Notwithstanding subrule 54(4), there shall be no oral argument on a motion for a re-hearing unless the Court otherwise orders.

• (5) If the Court orders a re-hearing, the Court may make any order as to the conduct of the hearing as it considers appropriate.

PART 15Orders and Judgments

Orders

77 Every order shall be signed either by the judge who made it or by the Registrar and is deemed to be signed if it bears a facsimile of the judge’s or Registrar’s signature.

Review of Order of Registrar

• 78 (1) Within 20 days after the Registrar makes an order, any party affected by the order may make a motion to a judge to review the order.

• (2) The affidavit in support of the motion shall set out the reasons for the objection to the order.

• (3) The Registrar’s decision to refuse to accept a document under subrule 8(2) or 73(4) is not an order.

Judgment of the Court

79 A judgment rendered by the Court must be dated, signed by a judge and sealed with the Court seal. A judgment is deemed to be signed if it bears a facsimile of the judge’s signature.

Effective Date of Judgment

80 Unless the Court otherwise orders, an oral judgment shall take effect from the date on which it is rendered in court, whether or not reasons are to follow, and a judgment taken under reserve shall take effect from the date on which it is deposited with the Registrar.

Amending Judgment

• 81 (1) Within 30 days after a judgment is delivered or reasons for judgment are deposited, a party may make a motion to a judge requesting an amendment if the judgment or reasons for judgment

  • (a) contain an error arising from an accidental slip or omission;

  • (b) do not accord with the judgment or reasons for judgment as delivered by the Court in open court; or

  • (c) overlooked or accidentally omitted a matter that should have been dealt with.

• (2) The judge on a motion under subrule (1) may dismiss the motion, order that the judgment or reasons for judgment be amended or direct that a motion for a re-hearing be made to the Court in accordance with Rule 76.

81.1 The Court or a judge may, on the Court’s or the judge’s own initiative and at any time, make any amendment to the judgment or reasons for judgment that the Court or judge considers necessary.

PART 16Fees and Costs

Fees Payable to Registrar

• 82 (1) The fees payable to the Registrar are those set out in Schedule A.

• (2) A party may on motion to the Registrar request an exemption from paying any of the fees set out in Schedule A.

Taxation of Costs

• 83 (1) Costs in a proceeding shall be taxed by the Registrar party and party in accordance with the tariff of fees and disbursements set out in Schedule B unless the Court otherwise orders.

• (2) The party awarded costs shall, within six months after the order setting out the final decision on costs, serve on all parties who are liable to pay, and file with the Registrar, a notice of taxation in Form 83A together with a bill of costs in Form 83B.

• (3) Within 10 days after service of the notice of taxation and bill of costs, a party who disputes the taxation of the bill of costs or one of its items shall serve on the party requesting the taxation and all other parties who are liable to pay, and file with the Registrar a response in letter form.

• (4) Within five days after service of the response, the party requesting the taxation may serve on all parties who are liable to pay and file with the Registrar a reply in letter form.

• (5) At the end of the time period referred to in subrule (4) or if a consent to taxation is filed, the Registrar shall issue a certificate of taxation.

• (6) The certificate of taxation is final and conclusive as to all matters not objected to.

• (7) When, pursuant to an order of the Court, a judge or the Registrar, a party who is entitled to receive costs is liable to pay costs to any other party, the Registrar may adjust the costs accordingly.

• (8) The Registrar may direct the production of such books, papers and documents as the Registrar considers necessary to tax costs.

Objection to Taxation of Costs

• 84 (1) Within 15 days after the date that the certificate of taxation bears, any party may object to the taxation of costs on the ground that the bill of costs contains a clerical or calculation error by serving on all other parties and filing with the Registrar a written objection specifying the errors alleged and the corrections sought to be made.

• (2) Any party who objects to the taxation of costs on any other ground not specified in subrule (1) may, within 15 days after the date that the certificate of taxation bears, make a motion to a judge for a review of the taxation, and the judge may make any order with respect to the item in dispute that the judge considers appropriate.

• (3) An objection to the taxation shall be determined upon the evidence that had been brought before the Registrar, and no further evidence shall be received in support of the motion unless the judge or the Registrar, as the case may be, otherwise orders.

• (4) The costs in a review referred to in subrule (2) shall be in the discretion of the judge.

Costs of Discontinuance or Dismissal

85 Except in the case of a proceeding commenced under a provision of the Criminal Code,

• (a) if a proceeding is discontinued or dismissed as abandoned, a respondent is entitled to have their costs taxed by the Registrar without a further order, unless the Court or a judge otherwise orders; and

• (b) if a motion for an extension of time that is submitted for decision in accordance with subrule 51(3) is denied, a respondent is entitled to have their costs taxed on the application for leave to appeal by the Registrar without a further order, unless the Court or a judge otherwise orders.