Rules of the Supreme Court of Canada

25 (1) An application for leave to appeal shall be bound with grey covers and consist of the following, in the following order:

• (a) a notice of application for leave to appeal in Form 25A, followed by a notice of bilingual name in Form 14 if applicable;

• (b) any affidavits in support of the application for leave to appeal;

• (c) a certificate in Form 25B that

  • (i) states whether there is a sealing order or ban on the publication of evidence or the names or identity of a party or witness, gives the details of the sealing order or ban, if any, and includes a copy of any written order, and

  • (ii) states whether there is any confidential information on the file that should not be accessible to the public by virtue of specific legislation and includes a copy of the provision of the legislation;

• (d) if a judge’s previous involvement or connection with the case would result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, a certificate in Form 25C setting out the issues;

• (e) beginning with the court of first instance or the administrative tribunal, as the case may be, and ending with the court appealed from,

  • (i) copies of the reasons, if any, for the respective judgments of the lower courts, in the form of a photocopy or of a printout from an electronic database,

  • (ii) copies of all formal judgments or orders, as signed and entered, and

  • (iii) copies of all draft orders, the final versions of which shall be filed separately immediately after they are signed and entered;

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

  • (i) Part I, a concise statement of facts,

  • (ii) Part II, a concise statement of the questions in 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 with respect to costs,

  • (vi) Part VI, a table of authorities, arranged alphabetically and setting out the paragraph numbers in Part III where the authorities are cited, 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, in both official languages if they are required by law to be published in both official languages; and

• (g) the documents that the applicant intends to rely on, in chronological order.

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

(3) If the documents referred to in paragraph (1)(g) include transcripts or evidence, a party shall reproduce only the relevant excerpts of the transcript or evidence, including exhibits.

(4) If the documents referred to in paragraph (1)(g) are reproduced in the record filed with the court appealed from, six copies of that record may be filed with the Registrar instead of the documents.

(5) An application for leave to appeal may contain, after the memorandum of argument, a copy of the authorities that the applicant intends to rely on, or be accompanied by six copies of a book of authorities bound in grey covers and containing a copy of those authorities, prepared in accordance with Rule 44, with any modifications that the circumstances require.