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Federal Courts Rules

Version of section 310 from 2015-01-30 to 2020-10-05:


Marginal note:Respondent’s record

  •  (1) A respondent to an application shall, within 20 days after service of the applicant’s record, serve and file the respondent’s record.

  • Marginal note:Number of copies

    (1.1) The respondent shall file

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

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

  • Marginal note:Contents of respondent’s record

    (2) The record of a respondent shall contain, on consecutively numbered pages and in the following order,

    • (a) a table of contents giving the nature and date of each document in the record;

    • (b) each supporting affidavit and documentary exhibit;

    • (c) the transcript of any cross-examination on affidavits that the respondent has conducted;

    • (c.1) any material that has been certified by a tribunal and transmitted under Rule 318 that is to be used by the respondent at the hearing and that is not contained in the applicant’s record;

    • (d) the portions of any transcript of oral evidence before a tribunal that are to be used by the respondent at the hearing;

    • (e) a description of any physical exhibits to be used by the respondent at the hearing; and

    • (f) the respondent’s memorandum of fact and law.

  • Marginal note:Retention of original affidavits

    (3) If an original affidavit is not filed as part of a respondent’s record, it shall be retained by the respondent for one year after the expiry of all appeal periods.

  • SOR/2004-283, ss. 32, 33
  • SOR/2010-177, s. 5
  • SOR/2013-18, s. 9
  • SOR/2015-21, s. 19
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