Rules of the Supreme Court of Canada

42 (1) The appellant’s factum shall be bound in beige covers, the respondent’s factum in green covers and the intervener’s factum in blue covers.

(2) The factum shall consist of the following parts,

• (a) Part I consisting of

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

  • (ii) in the respondent’s factum, a concise statement of the respondent’s position with respect to the appellant’s statement of facts, including a concise statement of such other facts as the respondent considers relevant;

• (b) Part II consisting of

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

  • (ii) in the respondent’s factum, a concise statement of the respondent’s position with regard to the appellant’s questions;

• (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 page and paragraph number of the authorities relied upon;

• (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 a concise statement of the order or orders sought;

• (f) Part VI, consisting of a table of authorities, arranged alphabetically and setting out the paragraph numbers in Part III where the authorities are cited; and

• (g) Part VII, consisting of those provisions of any statute, regulation, rule, ordinance or by-law relied on, printed in both official languages where required by law to be published in both official languages.

(3) Subparagraphs (2)(a)(ii) and (2)(b)(ii) and paragraphs (2)(c) to (g) apply to an intervener’s factum, with any modifications that the circumstances require.

(4) Parts I to V of the factum of any appellant or respondent, and of that of an attorney general who files a notice of intervention in accordance with subrule 61(4), shall not exceed 40 pages, unless a judge or the Registrar, on motion, otherwise orders.

(5) Parts I to V of the factum of an intervener other than an attorney general referred to in subrule 61(4)shall not exceed 20 pages unless a judge or the Registrar, on motion, otherwise orders.

(6) An affidavit in support of a motion under subrule (4) or (5) shall set out the complexity of the issues under appeal that would justify a lengthy factum.