PART 1Application and Interpretation

Application

1 Except as otherwise provided by the Act or any other Act of Parliament, these Rules apply to all proceedings in the Court.

Interpretation

2 The following definitions apply in these Rules.

Act

Act means the Supreme Court Act. (Loi)

affidavit

affidavit includes an affirmation and a statutory declaration. (affidavit)

agent

agent means a lawyer practising in the National Capital Region within the meaning of the National Capital Act. (correspondant)

application for leave to appeal

application for leave to appeal means an application for leave to appeal referred to in Rule 25 and section 40 of the Act. (demande d’autorisation d’appel)

attorney general

attorney general means the Attorney General of Canada, an attorney general of a province or a minister of Justice of a territory. (procureur général)

authorities

authorities includes legislative enactments, case law, articles and texts, treaties and excerpts from them. (sources)

commissioner for oaths

commissioner for oaths includes any person authorized under federal or provincial legislation or rules of practice, as the case may be, to conduct examinations. (commissaire à l’assermentation)

counsel

counsel means a member of the bar of a province. (procureur)

holiday

holiday means a holiday as defined in the Interpretation Act and includes Saturday. (jour férié)

last known address

last known address means the address that appears on the most recently filed document, whether it is a document filed in the Court or in the court appealed from, or, if applicable, on the notice of change that was most recently served and filed in accordance with Rule 17.1. (dernière adresse connue)

last known email address

last known email address means the email address that appears on the most recently filed document, whether it is a document filed in the Court or in the court appealed from, or, if applicable, on the notice of change that was most recently served and filed in accordance with Rule 17.1. (dernière adresse de courriel connue)

last known fax number

last known fax number means the fax number that appears on the most recently filed document, whether it is a document filed in the Court or in the court appealed from, or, if applicable, on the notice of change that was most recently served and filed in accordance with Rule 17.1. (dernier numéro de télécopieur connu)

party

party means a person named in the style of cause in accordance with Rule 22 including any person added or substituted as a party under Rule 18, but where referring to the court appealed from, it means a person who was a party in that court. (partie)

person

person includes a body politic or corporate, Her Majesty the Queen and an attorney general. (personne)

printing

printing includes reproduction by any means but does not include hand writing. (impression)

proceeding

proceeding means an appeal, application for leave to appeal, motion or reference before the Court, a judge or the Registrar. (procédure)

Where No Provisions

• 3 (1) Whenever these Rules contain no provision for exercising a right or procedure, the Court, a judge or the Registrar may adopt any procedure that is not inconsistent with these Rules or the Act.

• (2) A party may, on motion to a judge or the Registrar, request directions as to the procedure referred to in subrule (1).

Conditions and Proportionality

• 4 (1) Whenever these Rules provide that the Court, a judge or the Registrar may make an order or give a direction, the Court, the judge or the Registrar, as the case may be, may impose any terms and conditions in the order or direction that they consider appropriate.

• (2) In applying these Rules, the Court, a judge or the Registrar shall make orders and give directions that are proportionate to the complexity of the proceeding and the importance of the issues in dispute.

Computation of Time

• 5 (1) The computation of time under these Rules or under an order of the Court, a judge or the Registrar is governed by the Interpretation Act.

• (1.1) If the filing and serving are to be done within a specified number of weeks after a specified day or event, the period is calculated by

  • (a) excluding that day or the day of the event; and

  • (b) including the last day of the last seven-day period.

• (2) A day that is a holiday shall not be included in computing a period of less than six days under these Rules.

• (3) The month of July shall not be included in the computation of time under these Rules except for the service and filing of a notice of intervention under subrule 33(4), a factum, record or book of authorities on an appeal or a cross-appeal under Rules 35 to 37 and a motion for intervention under paragraph 56(b), including any response or reply.

• (4) A day that is a holiday and the month of July shall be included in the computation of time under an order of the Court, a judge or the Registrar.

5.1 Unless otherwise directed by the Court, a judge or the Registrar, and subject to section 58 of the Act, the period beginning on December 23 in a year and ending on January 3 in the following year is not to be included in a computation of time under these Rules for the service and filing of documents, except for the service and filing of a notice of constitutional question under subrule 33(2).

Extension or Abridgment

• 6 (1) The Court, a judge or unless these Rules provide otherwise, the Registrar may, on motion or on their own initiative, extend or abridge a period provided for by these Rules.

• (2) The affidavit in support of a motion for an extension or abridgement of time shall set out the reason for the delay or urgency, as the case may be.

Adjournment

• 7 (1) The Chief Justice or, in his or her absence or at his or her request, any other judge may, on motion or on the judge’s own initiative, adjourn the hearing of any proceeding.

• (2) The affidavit in support of a motion for an adjournment shall set out the facts or reasons for the adjournment.

Dispensing with Compliance

• 8 (1) The Court, a judge or unless these Rules provide otherwise, the Registrar may, on motion or on their own initiative, excuse a party from complying with any of these Rules.

• (2) The Court, a judge or the Registrar may refuse a document that does not comply with these Rules or that has not been served in accordance with these Rules or an order of the Court, a judge or the Registrar.

• (3) Documents that do not comply with these Rules may be excluded from costs upon the order of the Court, a judge or the Registrar.

PART 2Administration of the Court

Business Hours

9 The Registry of the Court shall be open every day except holidays from 8:00 a.m. to 5:00 p.m. local time unless otherwise directed by the Registrar.

Registrar to Keep Records

• 10 (1) The Registrar shall keep all records necessary for documenting the proceedings of the Court.

• (2) For each proceeding, the Registrar shall keep

  • (a) all documents and correspondence, including emails, that are filed in relation to a proceeding before the Court and all correspondence, judgments and orders of the Court that relate to that proceeding and that are delivered to the parties; and

  • (b) an electronic register in which all activities in the proceeding are recorded.

• (3) If only one version of a document is filed, whether printed or electronic, that version shall be the official version. If both printed and electronic versions are filed the printed version shall be the official version unless the Registrar declares otherwise.

Official Languages

• 11 (1) A party may use either English or French in any oral or written communication with the Court.

• (2) Subject to subrule (3), the Registrar shall provide to the parties services for simultaneous interpretation in both official languages during the hearing of every proceeding.

• (3) In the case of a motion to be heard by a judge or the Registrar, the Registrar shall provide the services referred to in subrule (2) upon request of any party to the motion, made at least two days before the hearing of the motion.

PART 3Powers of the Registrar

Order of Registrar Binding

12 Subject to Rule 78, every order made by the Registrar shall be binding on all parties concerned as if the order had been made by a judge.

Reference to the Court or a Judge

13 The Registrar may refer any matter before him or her to the Court or a judge.

PART 4General Rules

Name of Party

• 14 (1) In the case of an application for leave to appeal, an appeal referred to in paragraph 33(1)(b) or (c) or an originating motion, any party or intervener, other than an individual, shall file with the Registrar a notice of name in Form 14 to confirm its name in each of the official languages or to certify that it does not have a bilingual name.

• (2) A party or intervener that has filed a notice of name may request that the Registrar consider the notice as permanent so that it will be applied to all other matters before the Court involving the party or intervener. Any changes that affect the notice of name shall be submitted in writing to the Registrar.

Representation of Parties

• 15 (1) Subject to Rule 17, counsel for a party in the court appealed from is deemed to be counsel before the Court.

• (2) Subject to subrule (3), a party may either act in person or be represented by counsel.

• (3) Any party, other than an individual, shall be represented by counsel unless

  • (a) it was permitted to be represented by a person other than counsel in any of the lower courts and it chooses to continue to be represented by that person in the Court; or

  • (b) on motion, a judge grants it leave to be represented by a person other than counsel in accordance with the applicable federal or provincial legislative enactment.

Agents

• 16 (1) A party to any proceeding may choose to conduct business with the Registrar through an agent.

• (2) [Repealed, SOR/2020-281, s. 1]

• (3) No agent shall represent more than one party in any proceeding except with the consent of each party represented by the agent.

• (4) An agent who represents two opposing parties shall file with the Registrar a notice in Form 16.

• (5) A party may appoint a permanent agent by filing with the Registrar a notice to that effect.

Change of Representation or Withdrawal of Counsel or Agent

• 17 (1) A party may change their counsel or agent by identifying the new counsel or agent on the originating document, or during the course of the proceeding, by serving on all other parties and filing with the Registrar a notice of change setting out the name, address and telephone number, and the fax number and email address, if any, of the new counsel or agent.

• (2) A party who was represented by counsel in the court appealed from may elect to act in person by signing the originating document.

• (3) A party who was not represented by counsel in the court appealed from may elect to be represented by counsel by serving on all other parties and filing with the Registrar a notice to that effect.

• (4) A counsel may choose to cease to represent a party before the Court by

  • (a) serving on all other parties and filing with the Registrar a notice of withdrawal of counsel accompanied by the consent of the party; or

  • (b) in the absence of the consent of the party, making a motion to a judge or the Registrar for an order that the counsel no longer represents the party, and serving on that party and all other parties the motion and, if the motion is granted, the order of withdrawal.

• (5) An agent may cease to represent a party by serving on that party and all other parties and filing with the Registrar a notice of withdrawal.

Change in Contact Information

17.1 A party shall serve on all other parties and file with the Registrar a notice of any change in their contact information without delay.

Adding, Substituting and Removing Parties

• 18 (1) A person may be added or substituted as a party on motion before a judge or the Registrar that sets out the reasons for the addition or substitution.

• (2) Subject to subrule (5), no person shall be added or substituted as a party without the person’s consent being filed with the Registrar.

• (3) The motion referred to in subrule (1) shall also be served on the proposed added or substituted party.

• (4) Parties added or substituted shall be served with all documents provided for in these Rules, and any time periods shall begin as provided for in the order unless a judge or the Registrar otherwise orders.

• (4.1) A party who is named in the style of cause can be removed on the consent of the applicant or the appellant, as the case may be, or on motion before a judge or the Registrar that sets out the reasons for the removal.

• (5) In any proceeding, the Court or a judge may order that a party be added, substituted or removed if, in the opinion of the Court or the judge, the addition, substitution or removal is necessary to enable the Court to adjudicate the questions in issue.

Filing of Documents

• 19 (1) A document may be filed with the Registrar by

  • (a) hand delivery;

  • (b) mail or courier; or

  • (c) fax transmission or email, except in the case of a document that these Rules require to be bound.

• (2) On receipt of a document, the Registrar may

  • (a) accept or reject the document for filing; or

  • (b) accept the document for filing subject to the making of any corrections or the fulfilling of any conditions precedent.

• (2.1) to (2.3) [Repealed, SOR/2011-74, s. 7]

• (3) A document that is filed by hand delivery, mail or courier is deemed to have been filed on the date of the Court’s filing stamp on that document, unless the Court, a judge or the Registrar otherwise orders.

• (4) A document that is filed by fax transmission or email shall include a cover page in accordance with subrule 20(3) or the information set out in paragraphs 20(3.1)(a), (b), (d) and (e), as the case may be, and is deemed to have been filed on the day on which it is received unless it is received between 5:00 p.m. and 12:00 a.m. local time, or on a day that is a holiday, in which case it is deemed to have been filed the following day that is not a holiday.

• (5) Within five business days after the day on which a document, other than correspondence referred to in subrule (7), is filed by fax transmission or email, the original and a copy of the document shall be filed by hand delivery, mail or courier.

• (6) All documents filed, other than correspondence referred to in subrule (7), shall be served in accordance with Rule 20 on all parties unless these Rules provide otherwise or the Court, a judge or the Registrar otherwise orders.

• (7) A copy of any correspondence between parties, or between a party and the Registrar, that has been filed shall be sent to all other parties by hand delivery, mail or courier to the last known address or, if the address for service of the recipient party includes a fax number or an email address, by fax transmission to the last known fax number or by email to the last known email address.

Filing of Sealed and Confidential Documents

• 19.1 (1) If it is filed, any document that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation shall be sealed in an envelope and be accompanied by a covering letter and a copy of the sealing or confidentiality order or provision of the applicable legislation.

• (2) Subject to subrule (3), if any of the following documents is filed, it shall be sealed in an envelope and accompanied by one redacted electronic version, if one is required under these Rules, and two redacted printed versions:

  • (a) a document containing a document that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation;

  • (b) a document that reveals information that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation; or

  • (c) a document that a party requires to be sealed.

• (3) If a redacted version of a document referred to in paragraph (2)(b) cannot be filed, the document shall be accompanied by a motion to seal to the Registrar.

• (4) A document referred to in paragraph (2)(c) shall be accompanied by a motion to seal to the Registrar.

Service of Documents

• 20 (1) Service of any document on a party shall be made on the party’s counsel or agent at that person’s last known address, last known fax number or last known email address or, if the party is not represented by counsel, on the party or the party’s agent, by

  • (a) personal service made on any day other than a holiday;

  • (b) ordinary mail, except for originating documents or documents filed in support;

  • (c) registered or certified mail or by courier;

  • (d) fax transmission, except for

    • (i) originating documents or documents filed in support, and

    • (ii) documents that are longer than 40 pages unless the party being served consents to service by fax transmission;

  • (d.1) email; or

  • (e) leaving a copy with a party’s counsel or agent or with an employee in the office of the counsel or agent.

• (2) A party served with an electronic version of a document that is required to be bound may also request a printed version that shall be sent no later than one week after receipt of the request.

• (3) Every document served by fax transmission shall include a cover page that shows

  • (a) the title of the document being transmitted;

  • (b) the sender’s name, address and telephone number;

  • (c) the name of the party being served and of the party’s counsel, if any;

  • (d) the date and approximate time of the transmission;

  • (e) the number of pages transmitted, including the cover page;

  • (f) the fax number of the transmitting fax machine; and

  • (g) the name and telephone number of the person to contact if there are transmission problems.

• (3.1) If a document is served by email, the email shall contain

  • (a) the title of the document being transmitted;

  • (b) the sender’s name, address and telephone number;

  • (c) the name of the party being served and of the party’s counsel, if any;

  • (d) the date and approximate time of the transmission; and

  • (e) an indication of the number of attachments to the email or an indication of where the party being served can access the document electronically.

• (4) Subject to subrule (5), a document is deemed to have been served on the day on which it is received or is admitted to have been received, unless it is received between 5:00 p.m. and 12:00 a.m. local time or on a day that is a holiday, in which case it is deemed to have been filed the following day that is not a holiday.

• (5) A document served by ordinary mail is deemed to have been served on the fifth business day after the document is mailed.

• (6) When an attempt by an authorized person to serve a document in accordance with the rules of procedure applicable in the province or territory in which the document is served has failed and was recorded in that person’s certificate of service, he or she may serve the document by leaving on the premises a copy of the document intended for the addressee.

• (7) Proof of service of the printed version or the electronic version is sufficient.

• (8) Proof of service shall be verified by filing, in accordance with Rule 19, one of the following documents within two days after service, unless a judge or the Registrar otherwise orders:

  • (a) if service is made by ordinary mail, an affidavit of service in Form 20;

  • (b) if service is made by registered or certified mail or by courier, an affidavit of service in Form 20 annexing a post office receipt, a receipt card bearing the signature of the person served or a copy of the tracking results of the courier service that indicates the status of the delivery of the document;

  • (c) if service is made by fax transmission, an affidavit of service in Form 20 annexing a copy of the cover page referred to in subrule (3) and a transmission slip that confirms the date and time of transmission;

  • (d) if service is made by email, an affidavit of service in Form 20 annexing a copy of the email referred to in subrule (3.1) and a copy of either the email read receipt or the confirmation by the party served that the service was effected electronically;

  • (e) a certificate of service by any authorized person in accordance with the rules of procedure applicable in the province or territory in which the document is served; or

  • (f) an admission of service endorsed by the party or their counsel or agent.

• (9) If service is made by registered or certified mail, courier, fax transmission or email, an affidavit of service in Form 20 is not required for documents that are not originating documents, provided that the information that is required to be annexed under paragraph (8)(b), (c) or (d), as the case may be, is filed.

• (10) The Registrar may, on filing of an affidavit by the serving party, make any order for substitutional service that the circumstances require.

Guidelines for Preparing Documents

• 21 (1) Every document before the Court shall be prepared in accordance with the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic), as amended from time to time.

• (2) [Repealed, SOR/2016-271, s. 11]

Style of Cause

• 22 (1) [Repealed, SOR/2011-74, s. 9]

• (2) The style of cause in an application for leave to appeal shall name, followed by their status in the court appealed from,

  • (a) as an applicant, each party bringing the application for leave to appeal;

  • (b) as a respondent, each party against whom the applicant brings the application for leave to appeal — including, in Quebec, a mis-en-cause — and who was adverse in interest to the applicant in the court appealed from; and

  • (c) as an intervener,

    • (i) any intervener who was given full party status in the court appealed from and, in Quebec, any mis-en-cause in the court appealed from who is not already named in the style of cause,

    • (ii) each person who has been granted leave to intervene in accordance with Rule 59, and

    • (iii) each administrative board or tribunal whose jurisdiction is at issue, whether or not the board or tribunal was active in the proceedings in the court appealed from.

• (3) The style of cause in an appeal shall name, followed by their status in the court appealed from,

  • (a) as an appellant, each party bringing the appeal;

  • (b) as a respondent, each party against whom the appellant brings the appeals — including, in Quebec, a mis-en-cause — and who was adverse in interest to the appellant in the court appealed from; and

  • (c) as an intervener,

    • (i) any intervener who was given full party status in the court appealed from and, in Quebec, any mis-en-cause in the court appealed from who is not already named in the style of cause,

    • (ii) each person who has been granted leave to intervene in accordance with Rule 59,

    • (iii) each attorney general who has filed a notice of intervention in accordance with subrule 33(4), and

    • (iv) each administrative board or tribunal whose jurisdiction is at issue, whether or not the board or tribunal was active in the proceedings in the court appealed from.

• (3.1) The style of cause in a motion shall follow the style of cause for the application for leave to appeal or the appeal, as the case may be, and may be abbreviated to name only the first applicant and respondent, or the first appellant and respondent, as the case may be.

• (4) A motion may be brought under Rule 18 to include in the style of cause as a party any other person who was a party, mis-en-cause or an intervener in the court appealed from and who must be a party to the proceedings to give effect to a judgment of the Court.

Certificates of Counsel

• 23 (1) In the case of an application for leave to appeal or an originating motion, counsel for the applicant and the respondent and, in the case of an appeal referred to in paragraph 33(1)(b) or (c), counsel for the appellant and the respondent shall file a certificate in Form 23A certifying whether there is

  • (a) a sealing or confidentiality order from a lower court or the Court in effect in the file;

  • (b) a ban on the publication of evidence or the names or identity of a party or witness under an order in effect in the file or under legislation;

  • (c) information in the file that is classified as confidential under legislation; or

  • (d) a restriction on public access to information in the file in a lower court.

• (2) If counsel for the applicant or the respondent certifies that any of the situations set out in paragraphs (1)(a) to (d) exist, the certificate shall be accompanied by, as the case may be, a copy of any applicable order or, if the order was pronounced orally at a hearing, a copy of the relevant excerpt from the transcript of the hearing, a citation of any applicable legislative provision or an explanation of the restriction.

• (3) If there is any order, applicable legislation or restriction referred to in subrule (1), counsel shall file a certificate in Form 23B certifying whether any documents filed by the counsel contain information that is subject to the order, legislation or restriction in the lower court and identifying the relevant documents and information.

• (4) If a judge’s previous involvement or connection with the case may result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, counsel shall file a certificate in Form 23C setting out the issues.

• (5) The certificates and documents referred to in subrules (1), (2) and (4) shall be filed at the same time as the application for leave to appeal or the response to that application, the originating motion or the response to that motion or, in the case of an appeal referred to in paragraph 33(1)(b) or (c), the notice of appeal or respondent’s factum.

• (6) Counsel shall immediately file a revision of the certificate referred to in subrule (1) in the event of any change in respect of the matters referred to in that subrule.

24 In the case of an appeal, counsel for the appellant and respondent shall file a certificate in Form 24A or 24B at the same time as the record referred to in Rule 38 or 39.

PART 5Leave to Appeal

Application for Leave to Appeal

• 25 (1) An application for leave to appeal must be bound and consist of the following:

  • (a) a notice of application for leave to appeal in Form 25, citing the legislative provision that authorizes the application for leave to appeal and including as a schedule to the notice of application for leave to appeal, beginning with the court of first instance or the administrative tribunal, as the case may be, and ending with the court appealed from,

    • (i) the reasons for judgment, if any,

    • (ii) the formal judgments or orders, as signed and entered, and

    • (iii) if the formal judgments or orders have not been signed and entered, all draft orders, the final versions of which must be filed separately immediately after they are signed and entered;

  • (b) [Repealed, SOR/2020-281, s. 2]

  • (c) a memorandum of argument divided as follows:

    • (i) Part I, a concise overview of the applicant’s position with respect to issues of public importance that are raised in the application for leave to appeal and a concise statement of facts,

    • (ii) Part II, a concise statement of the questions in issue and, if the proposed appeal raises an issue in respect of the constitutional validity or applicability of a statute, regulation or common law rule or the inoperability of a statute or regulation, a concise statement of the issue,

    • (iii) Part III, a concise statement of argument,

    • (iv) Part IV, submissions, if any, not exceeding one page in support of the order sought concerning costs,

    • (v) Part V, the order or orders sought, including the order or orders sought concerning costs,

    • (vi) Part VI, a table of authorities — including the relevant provisions of any statute, regulation, rule, ordinance or by-law being relied on, in both official languages if the provisions are required by law to be published in both official languages — that is arranged alphabetically, includes, if available, hyperlinks to all authorities and sets out the paragraph numbers where the authorities are cited in the memorandum of argument, and

    • (vii) Part VII, a photocopy, or a printout from an electronic database, of those provisions of any statute, regulation, rule, ordinance or by-law being relied on for which hyperlinks are not provided in Part VI, in both official languages if they are required by law to be published in both official languages; and

  • (c.1) [Repealed, SOR/2013-175, s. 16]

  • (d) if, in support of the application for leave to appeal, the applicant 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.

  • (e) to (g) [Repealed, SOR/2013-175, s. 16]

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

• (3) [Repealed, SOR/2020-281, s. 2]

• (4) [Repealed, SOR/2020-281, s. 2]

• (5) [Repealed, SOR/2013-175, s. 16]

Service and Filing

• 26 (1) An applicant must file with the Registrar

  • (a) a copy of the electronic version of the application for leave to appeal referred to in subrule 25(1), with the reasons for judgment of the lower courts included as hyperlinks, if available, and any motion related to the application for leave to appeal; and

  • (b) the original and two copies of the printed version of the application for leave to appeal referred to in subrule 25(1).

• (2) In addition to the service required under paragraph 58(1)(a) of the Act, an applicant must

  • (a) send to all other applicants, all respondents and all interveners a copy of the electronic version referred to in paragraph (1)(a) by email and file with the Registrar a read or delivery receipt; and

  • (b) send to any party in the court appealed from who is not named in the style of cause referred to in subrule 22(2) a copy of the notice of application for leave to appeal and file with the Registrar confirmation that the notice was sent.

Response

• 27 (1) Within 30 days after the day on which a file is opened by the Court following the filing of an application for leave to appeal or, if a file has already been opened, within 30 days after the service of an application for leave to appeal, a respondent or an intervener may respond to the application for leave to appeal by

  • (a) serving a copy of the response on all other parties;

  • (b) filing with the Registrar the original and two copies of the printed version of the response and a copy of the electronic version of the memorandum of argument referred to in paragraph (2)(a), if any, and any response to any motion related to the application for leave to appeal; and

  • (c) [Repealed, SOR/2020-281, s. 4]

  • (d) sending to all other parties a copy of the electronic version of the memorandum of argument referred to in paragraph (2)(a), if any, and any response to any motion related to the application for leave to appeal by email.

• (2) The response must be bound and consist of the following:

  • (a) a memorandum of argument in accordance with paragraph 25(1)(c), with Parts I to V not exceeding 20 pages in the case of a respondent and five pages in the case of an intervener; and

  • (b) if, in support of the response, the respondent or intervener 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) Subrule (2) does not apply if the response is no longer than two pages.

Reply

• 28 (1) Within 10 days after service of the response of the respondent or the intervener to the application for leave to appeal or within the time referred to in subrule 30(1) if paragraph 30(2)(b) applies, the applicant may reply by

  • (a) serving a copy of the reply on all other parties;

  • (b) filing with the Registrar the original and two copies of the printed version of the reply and a copy of the electronic version of the memorandum of argument referred to in subrule (2), if any, and any reply to the response to any motion related to the application for leave to appeal; and

  • (c) [Repealed, SOR/2020-281, s. 5]

  • (d) sending to all other parties a copy of the electronic version of the memorandum of argument referred to in subrule (2), if any, and any reply to the response to any motion related to the application for leave to appeal by email.

• (2) The reply must be bound and consist of a memorandum of argument not exceeding five pages.

• (3) Subrule (2) does not apply if the reply is no longer than two pages.

PART 6Leave to Cross-appeal

Application for Leave to Cross-Appeal

• 29 (1) Within the deadline for filing a response under subrule 27(1) in the case of an appeal for which leave is required or, in all other cases, within 30 days of service of a notice of appeal, a respondent who seeks to set aside or vary all or any part of the disposition of the judgment appealed from may apply for leave to cross-appeal by

  • (a) serving a copy of the application for leave to cross-appeal on all parties who are named in the style of cause referred to in subrule 22(2) for the application for leave to cross-appeal;

  • (a.1) filing with the Registrar the original and two copies of the printed version of the application for leave to cross-appeal and a copy of the electronic version of the notice of application for leave to cross-appeal, the memorandum of argument and any motion related to the application for leave to cross-appeal;

  • (b) sending to the parties referred to in paragraph (a) a copy of the electronic version of the notice of application for leave to cross-appeal referred to in paragraph (2)(a), a memorandum of argument in accordance with paragraph 25(1)(c) and any motion related to the application for leave to cross-appeal by email, and filing with the Registrar a read or delivery receipt; and

  • (c) sending to any party in the court appealed from who is not named in the style of cause for the application for leave to cross-appeal a copy of the notice of application for leave to cross-appeal, and filing with the Registrar confirmation that the notice was sent.

  • (d) [Repealed, SOR/2020-281, s. 6]

• (2) The application for leave to cross-appeal

  • (a) must be bound and consist of a notice of application for leave to cross-appeal in Form 29, and must be otherwise in accordance with Rule 25, with any modifications that the circumstances require; and

  • (b) may be joined with the response to the application for leave to appeal.

• (3) A respondent who seeks to uphold the judgment appealed from on a ground not relied on in the reasons for that judgment may do so in the respondent’s factum without applying for leave to cross-appeal.

• (4) In the circumstances set out in subrule (3), the appellant may serve and file, in accordance with subrule 35(3), a factum in response that is bound and does not exceed 20 pages.

Response

• 30 (1) Within 30 days after service of the application for leave to cross-appeal, an applicant may respond to the application for leave to cross-appeal by

  • (a) serving on all other parties to the application for leave to cross-appeal a copy of the response;

  • (b) filing with the Registrar the original and two copies of the printed version of the response and a copy of the electronic version of the memorandum of argument in accordance with paragraph 25(1)(c), if any, and any response to any motion related to the application for leave to cross-appeal; and

  • (c) [Repealed, SOR/2020-281, s. 7]

  • (d) sending to all other parties to the application for leave to cross-appeal a copy of the electronic version of the memorandum of argument, if any, and any response to any motion related to the application for leave to cross-appeal by email.

• (2) The response to the application for leave to cross-appeal

  • (a) must be bound and be otherwise in accordance with subrule 27(2), with any modifications that the circumstances require; and

  • (b) may be joined with the reply to the response to the application for leave to appeal.

• (3) Subrule (2) does not apply if the response to the application for leave to cross-appeal is no longer than two pages.

Reply

• 31 (1) Within 10 days after the service of the applicant’s response to the application for leave to cross-appeal, the respondent may reply by

  • (a) serving on all other parties to the application for leave to cross-appeal a copy of the reply;

  • (b) filing with the Registrar the original and two copies of the printed version of the reply and a copy of the electronic version of the memorandum of argument, if any, and any reply to the response to any motion related to the application for leave to cross-appeal; and

  • (c) [Repealed, SOR/2020-281, s. 8]

  • (d) sending to all other parties to the application for leave to cross-appeal a copy of the electronic version of the memorandum of argument, if any, and any reply to the response to any motion related to the application for leave to cross-appeal by email.

• (2) The reply must be bound and consist of a memorandum of argument not exceeding five pages.

• (3) Subrule (2) does not apply if the reply is no longer than two pages.

PART 7Submission to the Court

Submission of Applications

• 32 (1) The Registrar shall submit to the Court for consideration

  • (a) an application for leave to appeal, either

    • (i) after the reply is filed or at the end of the 10-day period referred to in Rule 28, as the case may be, or

    • (ii) if no response is filed, at the end of the 30-day period referred to in Rule 27; and

  • (b) an application for leave to cross-appeal, either

    • (i) after the reply is filed or at the end of the 10-day period referred to in Rule 31, as the case may be, or

    • (ii) if no response is filed, at the end of the 30-day period referred to in Rule 30.

• (2) Documents shall not be filed after the application for leave to appeal or leave to cross-appeal, as the case may be, has been submitted to the Court unless the Registrar otherwise directs.

• (3) The Registrar shall set down for hearing any application for leave to appeal for which an oral hearing has been ordered pursuant to paragraph 43(1)(c) of the Act.

PART 8Appeals and Cross-appeals

Notice of Appeal

• 33 (1) A notice of appeal under paragraph 60(1)(a) of the Act must

  • (a) be in Form 33A;

  • (b) in the case of an appeal under paragraph 691(1)(a) or (2)(a) or (b), 692(3)(a) or 693(1)(a) of the Criminal Code, cite the legislative provision that authorizes the appeal, set out the questions of law, including the question of law on which the dissenting judgment of the court appealed from is, in whole or in part, based, and include as a schedule to the notice of appeal a copy of the information or indictment, the judgment and the reasons for judgment, if any, of the court of first instance or the notation on the indictment or on an equivalent document, and the judgment and the reasons for judgment of the court appealed from; and

  • (c) in the case of all other appeals for which leave to appeal is not required, cite the legislative provision that authorizes the appeal and include as a schedule to the notice of appeal a copy of the judgment and the reasons for judgment of the court appealed from.

  • (d) [Repealed, SOR/2019-1, s. 6]

• (2) In the case of an appeal that raises an issue in respect of the constitutional validity or applicability of a statute, regulation or common law rule, or the inoperability of a statute or regulation, a notice of constitutional question in Form 33B shall be filed by the appellant, as a schedule to the notice of appeal, or by the respondent, if the issue has been raised by the respondent, within 30 days after leave to appeal has been granted or after the filing of the notice of appeal in respect of an appeal for which leave is not required.

• (3) On the same day as the notice of constitutional question is filed, a copy of it shall be served by email on all other parties to the appeal and on any attorney general who is not already a party to the appeal together with hyperlinks to

  • (a) the judgment granting the application for leave to appeal and the reasons for judgment of the court appealed from;

  • (b) the legislative provisions at issue; and

  • (c) if applicable, the relevant provisions of the Canadian Charter of Rights and Freedoms and any other legislative provision relied on by the party.

• (4) Within four weeks after the service of a notice of constitutional question, an attorney general who intends to participate in the appeal shall serve on all other parties and file with the Registrar a notice of intervention in Form 33C without being required to obtain leave to intervene.

Service and Filing of Notice of Appeal

• 34 (1) In addition to the service required under paragraph 58(1)(b) of the Act, the appellant shall send to any party in the court appealed from who is not named in the style of cause referred to in subrule 22(3) a copy of the notice of appeal by ordinary mail, fax or email to the last known address, last known fax number or last known email address.

• (2) The appellant shall file with the Registrar the original and one copy of the printed version of the notice of appeal together with an affidavit setting out the names of the parties referred to in subsection (1) and the addresses or fax numbers to which the copies were sent.

• (3) The appellant shall file with the Registrar one copy of the electronic version of the notice of appeal.

Service and Filing of Appellant’s Documents

• 35 (1) Within eight weeks after the notice of appeal is filed, the appellant shall

  • (a) serve on all other parties one copy of the electronic version of the appellant’s notice of appeal, factum, record (except for Part V) and, if any, a book of authorities;

  • (b) file with the Registrar

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

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

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

    • (iv) two copies of the printed version of the book of authorities, if any; and

  • (c) file with the Registrar a redacted copy of the electronic version of the appellant’s factum, if the factum contains any of the documents and information identified in the certificate filed in accordance with subrule 23(3).

• (2) 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 paragraph (1)(a), subparagraphs (1)(b)(i) and (ii) and paragraph (1)(c), a factum in response to the cross-appeal.

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

Service and Filing of Respondent’s Documents

• 36 (1) Within eight weeks after the service of the appellant’s record, the respondent shall

  • (a) serve on all other parties one copy of the electronic version of the respondent’s record (except for Part IV); and

  • (b) file with the Registrar one copy of the electronic version and two copies of the printed version of the respondent’s record.

• (2) Within eight weeks after the service of the appellant’s factum, the respondent shall

  • (a) serve on all other parties one copy of the electronic version of the respondent’s factum and, if any, a book of authorities;

  • (b) file with the Registrar

    • (i) one copy of the electronic version of the respondent’s factum and, if any, a book of authorities,

    • (ii) the original and 23 copies of the printed version of the respondent’s factum, and

    • (iii) two copies of the printed version of the respondent’s book of authorities, if any; and

  • (c) file with the Registrar a redacted copy of the electronic version of the respondent’s factum, if the factum contains any of the documents and information identified in the certificate filed in accordance with subrule 23(3).

  • (d) [Repealed, SOR/2016-271, s. 23]

Service and Filing of Intervener’s Documents

37 Within six weeks after the making of the order granting leave to intervene for an intervener referred to in subparagraph 22(3)(c)(ii) and after the service of the appellant’s factum for an intervener referred to in subparagraph 22(3)(c)(i) or (iv), or within 16 weeks after the filing of a notice of intervention under subrule 33(4) for an intervener referred to in subparagraph 22(3)(c)(iii), as the case may be, the intervener shall

• (a) serve on all other parties one copy of the electronic version of the intervener’s factum and, if any, a book of authorities;

• (b) file with the Registrar

  • (i) one copy of the electronic version of the intervener’s factum and, if any, a book of authorities,

  • (ii) the original and 23 copies of the printed version of the intervener’s factum, and

  • (iii) two copies of the printed version of the intervener’s book of authorities, if any; and

• (c) file with the Registrar a redacted copy of the electronic version of the intervener’s factum, if the factum contains any of the documents and information identified in the certificate filed in accordance with subrule 23(3).

Documents on Appeal and Cross-Appeal

Appellant’s Record

• 38 (1) An appellant’s record shall be bound and consist of the following parts:

  • (a) Part I, copies of the following documents:

    • (i) in chronological order, all formal judgments issued by the lower courts in respect of the case in question and the respective reasons for judgment, if any,

    • (ii) any order from the Court or judgment granting leave to appeal,

    • (iii) any notice of constitutional question referred to in subrule 33(2), and

    • (iv) in the case of a criminal matter, any information or indictment and the complete charge to the jury, if this is necessary to raise the question for the decision of the Court;

  • (b) Part II, any pleadings, orders and entries, in chronological order;

  • (c) Part III, evidence, including excerpts of transcripts unless the transcripts are reproduced in full in accordance with subrule (2), and affidavits; and

  • (d) Part IV, exhibits, in the order in which they were filed at trial.

• (2) Instead of excerpts of transcripts reproduced in Part III, the record may contain transcripts reproduced in full in a separate document clearly marked as Part V.

• (3) Parts II to V of the record shall contain only the documents that are necessary to raise the question for the decision of the Court and, if available, those documents shall be filed in both official languages.

• (4) All documents in a record shall be reproduced in full, other than the excerpts of transcripts that are reproduced in Part III.

• 38.1 (1) Despite these Rules, instead of including Parts II, III and IV in the appellant’s record, the appellant may file the record filed with the court appealed from if that record consists of 10 or more volumes.

• (2) An appellant who chooses to file the record filed with the court appealed from shall serve on all other parties one copy of the electronic version and shall file the same with the Registrar.

• (3) The appellant shall only file the printed version of the record on demand of the Court.

• (4) Despite these Rules, if the appellant chooses to file the record filed with the court appealed from, the respondent is not required to serve or file a respondent’s record.

Respondent’s Record

• 39 (1) A respondent’s record shall be bound and consist of the following parts:

  • (a) Part I, any pleadings, orders and entries, in chronological order;

  • (b) Part II, evidence, including excerpts of transcripts unless the transcripts are reproduced in full in accordance with subrule (2), and affidavits; and

  • (c) Part III, exhibits, in the order in which they were filed at trial.

  • (d) [Repealed, SOR/2013-175, s. 27]

• (2) Instead of excerpts of transcripts reproduced in Part II, the record may contain transcripts reproduced in full in a separate document clearly marked as Part IV.

• (3) The record shall contain only the documents that are not already included in the appellant’s record and are necessary to raise the question for the decision of the Court and, if available, those documents shall be filed in both official languages.

• (4) All documents in a record shall be reproduced in full, other than excerpts of transcripts that are reproduced in Part II.

40 [Repealed, SOR/2011-74, s. 20]

Dispensing with Printing of Record

41 A judge or the Registrar may, on motion, dispense with the printing of documents forming part of a record.

Factum on Appeal

• 42 (1) [Repealed, SOR/2011-74, s. 21]

• (2) The factum shall be bound and consist of the following parts:

  • (a) Part I consisting of

    • (i) in the appellant’s factum, a concise overview of their position and a concise statement of the facts,

    • (ii) in the respondent’s factum, a concise overview of their position and a concise statement of their position with respect to the appellant’s statement of facts, including a concise statement of any other facts that the respondent considers relevant, and

    • (iii) in the intervener’s factum, a concise overview of their position with respect to the questions on which they have intervened, including a concise statement of the facts relevant to the questions on which they have intervened;

  • (b) Part II consisting of

    • (i) in the appellant’s factum, a concise statement of the questions in issue in the appeal,

    • (ii) in the respondent’s factum, a concise overview of their position with respect to the appellant’s questions, and

    • (iii) in the intervener’s factum, a concise overview of their position with respect to the appellant’s questions on which they have intervened;

  • (c) Part III consisting of a statement of argument setting out concisely the questions of law or fact to be discussed, with reference to the page of the record and to the tab, page and paragraph number of the authorities being relied on;

  • (d) Part IV consisting of submissions, if any, not exceeding one page in support of the order sought concerning costs;

  • (e) Part V consisting of

    • (i) in the appellant’s factum and the respondent’s factum, a concise statement of the order or orders sought, and

    • (ii) in the intervener’s factum, if not yet determined in the order granting the intervention, any request for permission to present oral argument at the hearing of the appeal;

  • (f) Part VI consisting of, in the appellant’s factum and the respondent’s factum, submissions on the impact that any sealing or confidentiality order, publication ban, classification of information in the file as confidential under legislation or restriction on public access to information in the file could have on the Court’s reasons, if any, in the appeal; and

  • (g) Part VII consisting of a table listing alphabetically the authorities relied on, including the relevant provisions of the legislative enactments, setting out the paragraph numbers where the authority is cited and, if available, hyperlinks to those authorities and, in the case of legislative enactments, hyperlinks to the provisions only.

• (2.1) If they are required by law to be published in both official languages, the relevant provisions of any legislative enactments referred to in paragraph (2)(f) shall be listed, and hyperlinks provided, if available, in both official languages.

• (3) Part V of the intervener’s factum shall not consist of any statement with respect to the outcome of the appeal unless otherwise ordered by a judge.

• (4) Parts I to V of the factum of any appellant or respondent shall not exceed 40 pages, unless a judge or the Registrar, on motion, otherwise orders.

• (5) Unless a judge or the Registrar, on motion, otherwise orders, Parts I to V of the factum of

  • (a) an attorney general, who has filed a notice of intervention in accordance with subrule 33(4), shall not exceed 20 pages; and

  • (b) any other intervener shall not exceed 10 pages.

• (6) The appellant shall include a copy of any notice of constitutional question filed under subrule 33(2) as an appendix to their factum.

• (7) [Repealed, SOR/2016-271, s. 27]

Factum on Cross-Appeal

• 43 (1) Where the Court has granted leave to cross-appeal,

  • (a) the respondent’s factum shall consist of two main sections, and each shall be divided into seven parts as described in subrule 42(2), the first section entitled “FACTUM OF RESPONDENT ON APPEAL” and the second section, “FACTUM OF APPELLANT ON CROSS-APPEAL”, both in upper-case letters; and

  • (b) the appellant’s factum on cross-appeal shall be divided into seven parts as described in subrule 42(2) and entitled “FACTUM OF THE RESPONDENT ON CROSS-APPEAL” in upper-case letters.

• (2) Parts I to V of any factum in a cross-appeal shall not exceed 20 pages unless a judge or the Registrar, on motion, otherwise orders.

• (3) [Repealed, SOR/2006-203, s. 18]

Authorities

• 44 (1) All authorities, if they are not available electronically, shall be filed in a book of authorities, and

  • (a) the relevant provisions of legislative enactments relied on shall be in both official languages if they are required by law to be published in both official languages; and

  • (b) the reasons for judgment shall be in full for any case law relied on.

• (2) The book of authorities shall be bound with each authority marked with a tab, and shall contain the authorities that,

  • (a) in the case of a respondent’s book, are not contained in the appellant’s book; and

  • (b) in the case of an intervener’s book, are not contained in either the appellant’s or the respondent’s book.

Condensed Books

• 45 (1) A party at the hearing of the appeal shall provide all other parties with a copy of a bound single condensed book containing the excerpts from the record and book of authorities that that party will refer to in oral argument and shall file 14 copies with the Registrar.

• (1.1) The condensed book may contain an outline of the oral argument, which shall not exceed two pages, shall relate to the contents of the condensed book and shall not constitute a supplementary factum.

• (2) [Repealed, SOR/2011-74, s. 23]

PART 9References

Reference to the Court

• 46 (1) A reference to the Court by the Governor in Council under section 53 of the Act shall be commenced by notice of reference in Form 46 to which shall be attached a copy of the order in council authorizing the reference.

• (1.1) An electronic version of the notice of reference and the order in council authorizing the reference shall be filed with the Registrar.

• (2) When a reference involves the giving of an opinion as to a case already disposed of by a court of appeal, the Court may, on its own initiative, require further evidence in respect of any question that the Court considers relevant.

• (3) Further evidence under subrule (2) shall be taken as authorized by the Act and in the manner directed by the Court.

• (4) The Governor in Council shall bring a motion to the Chief Justice or a judge to direct the Registrar to enter a reference on a list of cases to be heard by the Court and to determine any procedural issues.

• (5) Within one week after the filing of the notice of reference, the Governor in Council shall serve a copy of the printed and electronic version of the notice of reference and the order in council referred to in subrule (1) on the attorney general of each province and on the minister of Justice of each territory.

• (6) Within four weeks after being served with the notice of reference, an attorney general of a province, or a minister of Justice of a territory, with any special interest in the reference shall

  • (a) serve on the Governor in Council, and any counsel requested to argue a case under subsection 53(7) of the Act, a notice of intervention in Form 33C; and

  • (b) file with the Registrar the original and two copies of the notice of intervention.

• (7) Within 12 weeks after the filing of the notice of reference, the Governor in Council shall

  • (a) serve on the attorney general of any province or on the minister of Justice of any territory, having served a notice of intervention under paragraph (6)(a), and any counsel requested to argue a case under subsection 53(7) of the Act, a printed and an electronic version of the Governor in Council’s factum, record and book of authorities;

  • (b) file with the Registrar

    • (i) the electronic version of the factum, record and book of authorities,

    • (ii) the original version of the factum and 23 copies of its printed version, and

    • (iii) 11 copies of the printed version of the record and book of authorities.

• (8) Any counsel requested to argue a case under subsection 53(7) of the Act shall, within eight weeks after the request or within eight weeks after the filing of the Governor in Council’s factum, whichever is later,

  • (a) serve electronic and printed versions of the counsel’s factum, record and book of authorities on the Governor in Council;

  • (b) file with the Registrar

    • (i) the electronic version of the factum, record and book of authorities,

    • (ii) the original version of the factum and 23 copies of its printed version, and

    • (iii) 11 copies of the printed version of the record and book of authorities.

• (9) An attorney general of a province or a minister of Justice of a territory filing a notice of intervention under subrule (6) shall, within 20 weeks after filing the notice,

  • (a) serve on the Governor in Council and any counsel requested to argue a case under subsection 53(7) of the Act a copy of the attorney general’s factum, or the minister’s factum, and book of authorities;

  • (b) file with the Registrar

    • (i) the electronic version of the factum, record and book of authorities,

    • (ii) the original version of the factum and 23 copies of its printed version, and

    • (iii) 11 copies of the printed version of the record and book of authorities.

• (10) Within four weeks after the filing of the factum of the Governor in Council, any person interested in intervening in the reference may make a motion for intervention to a judge in accordance with Rules 47 and 57 by

  • (a) serving on each of the Governor in Council, and any counsel requested by the Court under subsection 53(7) of the Act, a copy of the person’s motion; and

  • (b) filing with the Registrar the original and two copies of the motion.

• (11) The motion for intervention shall be dealt with in accordance with Rules 58 and 59, and the service and filing of the intervener’s documents shall be in accordance with Rule 37.

• (12) A redacted electronic version of any factum in a reference shall be filed, if the factum contains any of the documents and information identified in the certificate filed in accordance with subrule 23(3).

PART 10Motions — General Rules

Motion to a Judge or the Registrar

General

• 47 (1) Unless otherwise provided in these Rules, all motions shall be made before a judge or the Registrar and consist of the following documents, in the following order:

  • (a) a notice of motion in accordance with Form 47;

  • (b) any affidavit necessary to substantiate any fact that is not a matter of record in the Court;

  • (c) if considered necessary by the applicant, a memorandum of argument in accordance with paragraph 25(1)(c), with any modifications that the circumstances require;

  • (d) if, in support of the motion, the applicant 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; and

  • (e) except in the case of a motion for intervention, a draft of the order sought, including costs, in print and electronic format.

• (1.1) [Repealed, SOR/2013-175, s. 30]

• (2) Parts I to V of the memorandum of argument shall not exceed 10 pages.

• (3) There shall be no oral argument on the motion unless a judge or the Registrar otherwise orders or directs.

Service and Filing

• 48 (1) An applicant shall

  • (a) serve on all parties to the motion a copy of the electronic version of the motion;

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

  • (c) file with the Registrar

    • (i) a copy of the electronic version of the motion, and

    • (ii) the original and a copy of the printed version of the motion.

• (2) Despite subrule (1), a motion related to an application for leave to appeal or leave to cross-appeal may be served and filed with the application for leave to appeal or leave to cross-appeal in accordance with Rule 26 or 29, as the case may be.

Response to Motion

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

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

  • (b) filing with the Registrar

    • (i) a copy of the electronic version of the response, and

    • (ii) the original and a copy of the printed version of the response.

• (1.1) In the case of a motion for intervention served and filed in accordance with Rule 55, the response shall be served and filed within 10 days after the day on which the last motion to which the response relates was served.

• (2) Unless it is served and filed in the form of correspondence of no longer than two pages, the response shall 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 10 pages.

• (4) Despite subrule (1), in the case of a motion served and filed with or related to an application for leave to appeal or leave to cross-appeal, with the exception of a motion to expedite, the response to the motion may be served and filed with the response to the application for leave to appeal or leave to cross-appeal in accordance with Rule 27 or 30, as the case may be.

Reply

• 50 (1) Within five days after service of the response to the motion, an applicant may reply by

  • (a) serving on all parties to the motion a copy of the electronic version of the reply; and

  • (b) filing with the Registrar

    • (i) a copy of the electronic version of the reply, and

    • (ii) the original and a copy of the printed version of the reply.

• (1.1) In the case of a response to a motion for intervention served and filed in accordance with Rule 55, the reply shall be served and filed within five days after the day on which the last response to which the reply relates was served.

• (2) Unless it is served and filed in the form of correspondence of no longer than two pages, the reply shall consist of a memorandum of argument not exceeding five pages.

• (3) Despite subrule (1), in the case of a motion served and filed with an application for leave to appeal or leave to cross-appeal, the reply may be served and filed with the reply to the response to the application for leave to appeal or leave to cross-appeal in accordance with Rule 28 or 31, as the case may be.

Submission to a Judge or the Registrar

• 51 (1) The motion shall be submitted to a judge or the Registrar

  • (a) after the reply is filed or at the end of the five-day period referred to in Rule 50, as the case may be; or

  • (b) if no response to the motion is filed, at the end of the 10-day period referred to in Rule 49.

• (2) The judge or the Registrar may

  • (a) decide the motion;

  • (b) order an oral hearing of the motion;

  • (c) refer the motion for decision to the Court; or

  • (d) in the case of a motion related to an application for leave to appeal or leave to cross-appeal, refer the motion to the judges to whom the application for leave to appeal or leave to cross-appeal has been submitted.

• (3) Despite subrule (1), a motion related to an application for leave to appeal or leave to cross-appeal may be submitted for decision directly to the judges to whom the application for leave to appeal or leave to cross-appeal is submitted.

Motion Before the Court

General

• 52 (1) When the Act or these Rules require that a motion be heard by the Court, the motion shall be bound and consist of the following, in the following order:

  • (a) a notice of motion in Form 52;

  • (b) any affidavit necessary to substantiate any fact that is not a matter of record in the Court;

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

  • (d) if, in support of the motion, the applicant 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.

• (1.1) [Repealed, SOR/2013-175, s. 35]

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

Service and Filing

53 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.

Response

• 54 (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

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

56 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.

• 57 (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.

58 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.

• 59 (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.

60 [Repealed, SOR/2016-271, s. 35]

61 [Repealed, SOR/2016-271, s. 35]

Motion to Stay

62 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

• 63 (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

• 63.1 (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).

PART 12Dismissals and Vexatious Proceedings

Dismissal for Delay — Application for Leave to Appeal

• 64 (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.

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 shall be given in writing to the Registrar at least two 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.

PART 17Security

Payment of Money Out of Court

• 86 (1) Money deposited as security under paragraph 60(1)(b) of the Act may be paid out of Court on motion to the Registrar or by sending a letter to the Registrar in which all the parties affected have consented.

• (2) The Registrar may provide for the payment of all monies to the party who paid the security, their counsel or their agent.

• (3) If any other party, their counsel and their agent cannot be found, notice of a motion for payment out may be given by posting a copy of it at the Registry and the Registrar shall refer the motion to a judge no sooner than 28 days after the notice was posted.

Security and Interest

87 Interest in accordance with the Financial Administration Act shall be paid on money deposited as security.

Dispensing with Security

• 88 (1) A party may, on motion to a judge or the Registrar, request an exemption from providing security under paragraph 60(1)(b) of the Act.

• (2) The affidavit of a party in support of a motion under subrule (1) shall set out that the party’s net assets, exclusive of their family home and the subject-matter of the proceeding, do not exceed $5,000 and that they are unable to provide security.

PART 18Miscellaneous Provisions

Affidavit

• 89 (1) An affidavit shall be filed to substantiate any fact that is not a matter of record in the Court.

• (2) An affidavit to be used in a proceeding shall be limited to the statement of facts within the knowledge of the deponent, but statements based on information or belief that state the source of the information or the grounds for the belief may be admitted by the Court, a judge or the Registrar.

• (3) When the record of the court appealed from or of the trial court is filed with the Registrar, that record is part of the record of the Court.

Examination on Affidavit

• 90 (1) Any party may, by leave of a judge or the Registrar on motion, cross-examine the deponent of an affidavit filed with the Registrar by serving on the party who filed the affidavit a notice requiring the production of the deponent and documents for cross-examination before a commissioner for oaths designated by the judge or the Registrar.

• (2) The notice required by subrule (1) shall be served within the time that the judge or Registrar may order.

• (3) Any cross-examination referred to in subrule (1) shall take place before the proceeding is heard unless a judge or the Registrar otherwise orders.

• (4) The transcript of a cross-examination may be filed with the Registrar within 10 days after the cross-examination.

• (5) A judge or the Registrar may, on his or her own initiative, order the production of documents on a cross-examination.

• (6) Where a deponent is not produced for cross-examination, the deponent’s affidavit shall be struck out unless a judge or the Registrar otherwise orders.

Oaths and Witnesses

• 91 (1) The Registrar and each Registry officer who is certified as a commissioner for oaths may administer oaths.

• (2) The Registrar may examine witnesses in any proceeding.

Appointment of Amicus Curiae

92 The Court or a judge may appoint an amicus curiae in an appeal.

Changes Affecting the Record

92.1 Counsel or their agents shall advise the Court in writing of any changes that affect the record in any motion, application for leave to appeal or appeal. When necessary, a party shall bring a motion to adduce new evidence to bring the change to the attention of the Court.

Discontinuance

• 93 (1) Subject to subrule (2), a party may discontinue any proceeding by serving on all other parties and filing with the Registrar a notice of discontinuance.

• (2) An appellant who discontinues an appeal under section 69 of the Act shall also serve on the clerk of the court appealed from a copy of the notice of discontinuance.

Notices to the Profession

94 The Registrar may issue notices to the profession as the Registrar considers necessary to explain or clarify these Rules or the practice before the Court.

Notice Convening Court

95 The Registrar shall publish, in Form 95, the notice convening the Court under section 34 of the Act.

Notice of Remote Participation by a Judge

• 95.1 (1) Following the approval of the Chief Justice, a judge may, in any proceeding before the Court, participate by use of any communication technology.

• (2) In advance of a proceeding referred to in subrule (1), the Registrar is to, if feasible, send a notice of remote participation by a judge in Form 95.1.

PART 19[Repealed, SOR/2013-175, s. 41]

96 [Repealed, SOR/2013-175, s. 41]

97 [Repealed, SOR/2013-175, s. 41]

98 [Repealed, SOR/2013-175, s. 41]

FORM 14Rule 14Notice of Name

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name), (any party or intervener, other than an individual), confirms its name in each of the official languages:

(Set out the name of the party or intervener in both official languages)

OR

TAKE NOTICE that (name), (any party or intervener, other than an individual), certifies that it does not have a bilingual name.

Dated at (place), (province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel, agent or party or intervener filing notice)

Counsel or party or intervener filing notice (Counsel’s (or party’s or intervener’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

Agent (Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party or intervener)

• SOR/2011-74, s. 37
• SOR/2013-175, s. 42
• SOR/2016-271, s. 52(F)
• SOR/2019-1, s. 15

FORM 23ARule 23Certificate (Applicant, Respondent or Appellant)

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

(If this certificate or any order attached to the certificate contains or reveals information that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential under legislation, it shall be sealed in an envelope and accompanied by a redacted version.)

(1) Is there a sealing or confidentiality order from a lower court or the Court in effect in the file?	□ Yes□ No
(2) Is there a ban on the publication of evidence or the names or identity of a party or witness under an order in effect in the file or under legislation?	□ Yes□ No
(3) Is there information in the file that is classified as confidential under legislation?	□ Yes□ No
(4) Is there a restriction on public access to information in the file in a lower court?	□ Yes□ No
(5) May the full names of individuals named in the style of cause be published?	□ Yes□ No

If you have answered “Yes” to any of questions (1) to (4), provide the information indicated below, if applicable, and file a Form 23B in accordance with subrule 23(3).

Court that made the order:

Date of the order:

Applicable legislative provision(s) or explanation of restriction:

Attach a copy of the order. If the order was pronounced orally, attach the relevant excerpt from the transcript of the hearing in which the order was pronounced.

I, (name), (counsel or agent) for (name of applicant, respondent or appellant), certify that the information above is complete and accurate.

Dated at (place), (province or territory) this (date) day of (month), (year).

(Counsel or Agent) for (name of applicant, respondent or appellant)

Signature

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party)

• SOR/2013-175, s. 43
• SOR/2016-271, s. 41

FORM 23BRule 23Certificate (Applicant, Respondent or Appellant)

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

(If either this certificate or any documents to be filed contain information that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation, it shall be sealed in an envelope and accompanied by a redacted version of the certificate and of the documents. Refer to Rule 19.1 and the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic).)

I, (name), (counsel or agent) for (name of applicant, appellant or respondent) certify that I am filing

(1) Documents that include information that is subject to a sealing or confidentiality order from a lower court or the Court in effect in the file.		□ Yes□ No
(2) Documents that include information that is subject to a ban on the publication of evidence or the names or identity of a party or witness under an order in effect in the file or under legislation.		□ Yes□ No
(3) Documents that include information that is classified as confidential under legislation.		□ Yes□ No
(4) Documents that contain information to which public access is restricted in the file in a lower court.		□ Yes□ No

If you have answered “Yes” to any of these questions, provide the information indicated below, if applicable.

• (a) The (identify documents(s) filed) include(s) information that is subject to a sealing or confidentiality order at (identify volume(s), section(s) or page(s) in each document). This information is only accessible to (identify parties or persons and state whether the information can be made available to court staff).

• (b) The (identify documents(s) filed) include(s) information that is subject to a publication ban at (identify volume(s), section(s) or page(s) in each document).

• (c) The (identify documents(s) filed) include(s) information that is classified as confidential under legislation at (identify volume(s), section(s) or page(s) in each document).

• (d) The (identify documents(s) filed) include(s) information to which public access is restricted in the file in a lower court at (identify volume(s), section(s) or page(s) in each document).

Dated at (place), (province or territory) this (date) day of (month), (year).

(Counsel or Agent) for (name of applicant, respondent or appellant)

Signature

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of all other parties)

• SOR/2013-175, s. 43
• SOR/2016-271, s. 41

FORM 25Rule 25Notice of Application for Leave To Appeal

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name of applicant) applies for leave to appeal to the Supreme Court of Canada, under (cite the legislative provision or provisions that authorize the application for leave to appeal), from the judgment of the (name of the court appealed from and file number from that court) made on (date) and for (insert the nature of order or relief sought);

AND FURTHER TAKE NOTICE that this application for leave to appeal is made on the following grounds: (set out concisely and number each ground on which the application is made).

Dated at (place), (province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

Applicant (Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

Agent (if any) (Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party and all other parties and interveners in the court appealed from)

NOTICE TO THE RESPONDENT OR INTERVENER: A respondent or intervener may serve and file a memorandum in response to this application for leave to appeal within 30 days after the day on which a file is opened by the Court following the filing of this application for leave to appeal or, if a file has already been opened, within 30 days after the service of this application for leave to appeal. If no response is filed within that time, the Registrar will submit this application for leave to appeal to the Court for consideration under section 43 of the Supreme Court Act.

(A certificate in Form 23A and, if applicable, certificates in Forms 23B and 23C must be filed at the same time as this notice of application for leave to appeal. In addition, any reasons for judgment and orders from the courts below must be attached to the notice, as a schedule.)

• SOR/2013-175, s. 43
• SOR/2016-271, ss. 44, 52(F)
• SOR/2019-1, s. 16
• SOR/2020-281, s. 20

FORM 29Paragraph 29(2)(a)Notice of Application for Leave To Cross-Appeal

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name of applicant) applies for leave to cross-appeal to the Supreme Court of Canada, pursuant to (cite the section of the Act or these Rules under which the application for leave to cross-appeal is made), from the judgment of the (name of the court appealed from and file number from that court) made on (date) and for (insert the nature of order or relief sought) or any other order that the Court may deem appropriate;

AND FURTHER TAKE NOTICE that this application for leave to cross-appeal is made on the following grounds: (set out concisely and number each ground on which the application is made).

Dated at (place and province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

Respondent (Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

Agent (if any) (Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party and all other parties and interveners in the court appealed from)

NOTICE TO THE APPLICANT: An applicant may serve and file a memorandum in response to this application for leave to cross-appeal within 30 days after the day on which the application for leave to cross-appeal is served.

• SOR/2006-203, s. 44(F)
• SOR/2011-74, s. 44
• SOR/2013-175, s. 46
• SOR/2019-1, s. 17

FORM 33AParagraph 33(1)(a)Notice of Appeal

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that, pursuant to leave granted by the Supreme Court of Canada on (date), (name of appellant) appeals to the Court from the judgment of the (name of the court appealed from) made on (date);

OR

TAKE NOTICE that (name of appellant) appeals as of right to the Supreme Court of Canada under (cite the legislative provision or provisions that authorize the appeal) from the judgment of the (name of the court appealed from and file number from that court) made on (date);

(In the case of an appeal under paragraph 691(1)(a) or (2)(a) or (b), 692(3)(a) or 693(1)(a) of the Criminal Code, state the following:)

AND FURTHER TAKE NOTICE that this appeal raises the following question or questions of law:

AND/OR

AND FURTHER TAKE NOTICE that the dissenting judgment of the court appealed from is, in whole or in part, based on the following questions of law (as specified in the judgment issued under section 677 of the Criminal Code):

Dated at (place), (province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

Appellant (Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

Agent (Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party and all other parties and interveners in the court appealed from)

(In the case of an appeal as of right, include a copy of the information or indictment, the judgment and the reasons for judgment, if any, of the court of first instance or the notation on the indictment or on an equivalent document, the judgment and the reasons for judgment of the court appealed from, a certificate in Form 23A and, if applicable, certificates in Forms 23B and 23C.)

• SOR/2006-203, s. 45
• SOR/2011-74, s. 45
• SOR/2013-175, s. 44
• SOR/2016-271, s. 45
• SOR/2019-1, s. 18
• SOR/2020-281, s. 21

FORM 33BRule 33Notice of Constitutional Question

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that I, (name), (counsel or agent) for (name of appellant or respondent) assert that the appeal raises the following constitutional question(s):

AND TAKE NOTICE that an attorney general who intends to intervene with respect to this constitutional question may do so by serving a notice of intervention in Form 33C on all other parties and filing the notice with the Registrar of the Supreme Court of Canada within four weeks after the day on which this notice is served.

Dated at (place), (province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

Party serving notice of constitutional question (Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

Agent (if any) (Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of all other parties and of attorneys general)

(When serving notice, include a hyperlink to the judgment granting leave to appeal and the reasons for the judgment appealed from, the legislative provisions at issue and, if applicable, the relevant provisions of the Canadian Charter of Rights and Freedoms and any other legislative provision relied on, in the email.)

• SOR/2016-271, s. 46

FORM 33CRule 33Notice of Intervention Respecting Constitutional Question

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

(The Attorney General of) intends to intervene, to file a factum and to (not) request to participate in oral argument with respect to the constitutional question(s) identified in the Notice of Constitutional Question filed by the (appellant/respondent).

OR

(The Attorney General of) intends to intervene, to file a factum and to (not) participate in oral argument with respect to the reference to the Court by the Governor in Council under section 53 of the Supreme Court Act.

Dated at (place and province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel for attorney general or agent)

Counsel for attorney general (Counsel’s name, address and telephone number, and fax number and email address (if any))

Agent (Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any) of all other parties)

• SOR/2016-271, s. 46

FORM 46Rule 46Notice of Reference

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that the said reference is filed pursuant to (cite the section of the act or these Rules under which the reference is made).

Dated at (place and province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or agent)

Counsel (Counsel’s name, address and telephone number, and fax number and email address (if any))

Agent (Agent’s name, address and telephone number, and fax number and email address (if any))

(Attach Order in Council)

• SOR/2011-74, s. 48
• SOR/2013-175, s. 46

FORM 47Rule 47Notice of Motion to a Judge or the Registrar

(Style of Cause (Rule 22); style of cause may be abbreviated in accordance with subrule 22(3.1) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name) applies to (a judge or the Registrar, as the case may be) under (cite the provision of the Act or these Rules under which the motion is made), for an order for (insert nature of the order or relief sought) or any further or other order that the (judge or Registrar) may deem appropriate;

AND FURTHER TAKE NOTICE that the motion shall be made on the following grounds: (set out concisely and number each ground on which the motion is made).

Dated at (place), (province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

Applicant to the motion (Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

Agent (Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of all other parties)

NOTICE TO THE RESPONDENT TO THE MOTION: A respondent to the motion may serve and file a response to this motion within 10 days after service of the motion. If no response is filed within that time, the motion will be submitted for consideration to a judge or the Registrar, as the case may be.

If the motion is served and filed with the application for leave to appeal, then the Respondent may serve and file the response to the motion with the response to the application for leave to appeal.

(In the case of an originating motion, include a copy of the judgment and reasons for judgment of the court appealed from and a copy of the certificate in Form 23A and, if applicable, a copy of the certificates in Forms 23B or 23C.)

• SOR/2006-203, s. 47
• SOR/2011-74, s. 49
• SOR/2013-175, s. 45
• SOR/2016-271, s. 47

FORM 52Rule 52Notice of Motion to the Court

(Style of Cause (Rule 22); style of cause may be abbreviated in accordance with subrule 22(3.1) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name) applies to the Court, under (cite the provision of the Act or these Rules under which the motion is made), for an order for (insert nature of the order or relief sought) or any further or other order that the Court may deem appropriate;

AND FURTHER TAKE NOTICE that the motion shall be made on the following grounds: (set out concisely and number each ground on which the motion is made).

Dated at (place), (province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

Applicant to the motion (Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

Agent (Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of all other parties)

NOTICE TO THE RESPONDENT TO THE MOTION: A respondent to the motion may serve and file a response to this motion within 10 days after service of the motion.

(This motion is required to be bound with a cover — see Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic). In the case of an originating motion, include a copy of the judgment and reasons for judgment of the court appealed from and a copy of the certificate in Form 23A and, if applicable, a copy of the certificates in Forms 23B or 23C.)

• SOR/2006-203, s. 47
• SOR/2011-74, s. 50
• SOR/2013-175, s. 45
• SOR/2016-271, s. 48

FORM 83ARule 83Notice of Taxation

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name) hereby requests the Registrar for taxation of the attached bill of costs on the (name of parties).

Dated at (place and province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party requesting taxation or agent)

Counsel or party, if unrepresented, requesting taxation (Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

Agent, if any (Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party liable to pay)

NOTICE TO THE PARTIES: A party who disputes the taxation of the bill of costs or one of its items shall serve and file a response in letter form to this notice within 10 days after the service of this notice.

• SOR/2011-74, s. 57
• SOR/2013-175, s. 46