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Rules of the Supreme Court of Canada

Version of section 35 from 2011-04-11 to 2016-12-31:

  •  (1) Subject to subrule (2), within 12 weeks after the notice of appeal is filed, the appellant shall

    • (a) serve on all other appellants and all respondents

      • (i) one copy of the electronic version of the appellant’s notice of appeal, factum, record and book of authorities,

      • (ii) three copies of the printed version of the appellant’s factum, and

      • (iii) one copy of the printed version of the appellant’s record and book of authorities;

    • (b) serve on all interveners one copy of the printed and electronic versions of the appellant’s factum, record and book of authorities;

    • (c) file with the Registrar

      • (i) one copy of the electronic version of the appellant’s factum, record and book of authorities,

      • (ii) the original and 23 copies of the printed version of the factum, and the original and 20 copies of the printed version of any volume of the record containing Parts I and II,

      • (iii) 11 copies of all other volumes of the printed version of the record, and

      • (iv) 11 copies of the printed version of the book of authorities; and

    • (d) file with the Registrar a redacted copy of the electronic version of the appellant’s factum, if the factum contains any of the following:

      • (i) information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

      • (ii) information that is subject to a publication ban,

      • (iii) information that is subject to limitations on public access, or

      • (iv) personal data identifiers or personal information that, if combined with the individual’s name, could pose a serious threat to the individual’s personal security.

  • (2) If a motion to state a constitutional question has been filed, the 12-week period referred to in subrule (1) shall begin on the day on which the motion to state a constitutional question is decided.

  • (3) Within two weeks after being served under paragraph 36(2)(a) with a respondent’s factum that includes a factum in a cross-appeal, the appellant may serve and file, in accordance with subparagraph (1)(a)(i), paragraph (1)(b) and subparagraph (1)(c)(i), a factum in response to the cross-appeal.

  • (4) Within two weeks after being served with the factum referred to in subrule 29(3), the appellant may serve and file a factum in response in accordance with subparagraph (1)(a)(i), paragraph (1)(b) and subparagraph (1)(c)(i).

  • SOR/2006-203, s. 13
  • SOR/2011-74, s. 19

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