Book of Authorities
Marginal note:Joint book of authorities
348. (1) Subject to subsection (2), at least 30 days before the hearing date, the parties shall file
(a) where the appeal is brought in the Federal Court, three copies of a joint book of statutes, regulations and authorities; or
(b) where the appeal is brought in the Federal Court of Appeal, five copies of a joint book of statutes, regulations and authorities.
Marginal note:Separate books
(2) If the parties cannot agree on a joint book of statutes, regulations and authorities, they shall file separate books in lieu thereof, without reproducing documents included in the book of another party.
Marginal note:Enactments in both official languages
(3) Extracts of federal statutes and regulations in a book of statutes, regulations and authorities shall be reproduced in both official languages.
Marginal note:Colour of cover
(4) The cover of a book of statutes, regulations and authorities shall be
(a) where the book is filed jointly, burgundy; and
(b) where the book is filed separately, the same colour as the filing party's memorandum of fact and law.
- SOR/2004-283, ss. 32, 33.
Consent to Reversal or Variation of Judgment
Marginal note:Consent to reversal or variation of judgment
349. (1) A respondent may consent to the reversal or variation of an order appealed from by serving and filing a notice to that effect.
Marginal note:Judgment on consent
(2) The Court may pronounce judgment in accordance with a notice filed under subsection (1) if the resultant judgment is one that could have been given on consent.
Material in the Possession of a Tribunal
Marginal note:Material in possession of a tribunal
350. Rules 317 to 319 apply to appeals and motions for leave to appeal, with such modifications as are necessary.
New Evidence on Appeal
Marginal note:New evidence on appeal
351. In special circumstances, the Court may grant leave to a party to present evidence on a question of fact.
Motions for Leave to Appeal
Marginal note:Leave to appeal
352. (1) Unless the Court orders otherwise, where leave to appeal is required, it shall be obtained on a motion brought in writing.
Marginal note:Respondents and service
(2) On a motion under subsection (1) the moving party shall name as respondents all persons referred to in rule 338 and personally serve all persons referred to in rule 339.
Marginal note:Motion record
353. (1) A person bringing a motion under rule 352 shall serve the motion record and, unless the Court orders otherwise, file three copies thereof.
Marginal note:Content of motion record
(2) A motion record referred to in subsection (1) shall contain, on consecutively numbered pages and in the following order,
(a) the order in respect of which leave to appeal is sought and any reasons, including dissenting reasons, given in respect of that order;
(b) the pleadings and any other material that is necessary for the hearing of the motion;
(c) an affidavit that sets out any facts relied on in the motion that do not appear on the Court file; and
(d) a memorandum of fact and law.
- SOR/2006-219, s. 14.
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