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

Regulations are current to 2021-10-07 and last amended on 2021-01-27. Previous Versions

PART 10Motions — General Rules (continued)

Motion Before the Court (continued)

Service and Filing

 An applicant shall

  • (a) serve the motion on all parties to the motion and a copy of the notice of motion on all other parties; and

  • (b) file with the Registrar the original and 14 copies of the motion.

  • SOR/2006-203, s. 27

Response

  •  (1) Within 10 days after service of the motion, a respondent to the motion may respond to the motion by

    • (a) serving a response on all moving parties and other respondents to the motion; and

    • (b) filing with the Registrar the original and 14 copies of the response.

  • (2) Unless it is served and filed in the form of correspondence of no longer than two pages, the response shall be bound and consist of the following, in the following order:

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

    • (b) if, in support of the response, the respondent intends to rely on transcripts or evidence from the record filed with the court appealed from, the relevant excerpts of the transcripts or evidence, including exhibits.

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

  • (4) After the response to the motion is filed or at the end of the 10-day period referred to in subrule (1), the Registrar shall send a notice of hearing of the motion in Form 69, with any modifications that the circumstances require, to all parties.

PART 11Particular Motions

Motion for Intervention

 Any person interested in an application for leave to appeal, an appeal or a reference may make a motion for intervention to a judge.

 A motion for intervention shall be made

  • (a) in the case of an application for leave to appeal, within 30 days after the day on which the application for leave to appeal is filed or within 30 days after the day on which the file is opened;

  • (b) in the case of an appeal, within four weeks after the filing of the appellant’s factum; and

  • (c) in the case of a reference, within four weeks after the filing of the Governor in Council’s factum.

  •  (1) The affidavit in support of a motion for intervention shall identify the person interested in the proceeding and describe that person’s interest in the proceeding, including any prejudice that the person interested in the proceeding would suffer if the intervention were denied.

  • (2) A motion for intervention shall

    • (a) identify the position the person interested in the proceeding intends to take with respect to the questions on which they propose to intervene; and

    • (b) set out the submissions to be advanced by the person interested in the proceeding with respect to the questions on which they propose to intervene, their relevance to the proceeding and the reasons for believing that the submissions will be useful to the Court and different from those of the other parties.

  • SOR/2013-175, s. 38

 At the end of the applicable time referred to in Rule 51, the Registrar shall submit to a judge all motions for intervention that have been made within the time required by Rule 56.

  • SOR/2006-203, s. 30
  •  (1) In an order granting an intervention, the judge may

    • (a) make provisions as to additional disbursements incurred by the appellant or respondent as a result of the intervention; and

    • (b) impose any terms and conditions and grant any rights and privileges that the judge may determine, including whether the intervener is entitled to adduce further evidence or otherwise to supplement the record.

  • (2) In an order granting an intervention or after the time for serving and filing all of the memoranda of argument on an application for leave to appeal or the facta on an appeal or reference has expired, a judge may authorize the intervener to present oral argument at the hearing of the application for leave to appeal, if any, the appeal or the reference, and determine the time to be allotted for oral argument.

  • (3) An intervener is not permitted to raise new issues unless otherwise ordered by a judge.

  • SOR/2006-203, s. 31
  • SOR/2016-271, s. 34

 [Repealed, SOR/2016-271, s. 35]

 [Repealed, SOR/2016-271, s. 35]

Motion to Stay

[
  • SOR/2011-74, s. 30(F)
]

 Any party against whom a judgment has been given, or an order made, by the Court or any other court, may make a motion to the Court for a stay of execution or other relief against such judgment or order, and the Court may give such relief on the terms that may be appropriate.

Motion to Quash

  •  (1) Within 30 days after the filing of a proceeding referred to in section 44 of the Act, a respondent may make a motion to the Court to quash the proceeding.

  • (2) Upon service of the motion to quash, the proceeding shall be stayed until the motion has been disposed of unless the Court or a judge otherwise orders.

  • (3) If the proceeding is quashed, the party bringing the proceeding may, in the discretion of the Court, be ordered to pay the whole or any part of the costs of the proceeding.

Assignment of Counsel by the Court to Act on Behalf of Accused

  •  (1) For the purposes of section 694.1 of the Criminal Code, the accused who is the appellant, applicant or respondent in a proceeding shall, if the Crown consents, file with the Registrar a letter containing the following information:

    • (a) an explanation of why legal assistance is necessary;

    • (b) a statement that the accused has not sufficient means to obtain legal assistance;

    • (c) a confirmation of the refusal by a provincial legal aid program to grant legal aid to the accused; and

    • (d) the name of the lawyer willing to act on behalf of the accused.

  • (2) The consent of the Attorney General who is the appellant, applicant or respondent in the proceeding shall be filed with the letter referred to in subsection (1).

  • SOR/2011-74, s. 31
  • SOR/2013-175, s. 40

PART 12Dismissals and Vexatious Proceedings

Dismissal for Delay — Application for Leave to Appeal

  •  (1) If, after the filing of a notice of application for leave to appeal, an applicant has not served and filed all the documents required under Rule 25 within the time set out in paragraph 58(1)(a) of the Act or the time extended under subsection 59(1) of the Act,

    • (a) a respondent may make a motion to the Registrar for dismissal of the application for leave to appeal as abandoned; or

    • (b) the Registrar may send a notice of intention in Form 64 to the applicant and copies of it to all other parties.

  • (2) The Registrar may dismiss the application for leave to 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 subrule (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.

  • SOR/2006-203, s. 33

Dismissal for Delay — Appeals

  •  (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.

  • SOR/2006-203, s. 33
 
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