Rules of the Supreme Court of Canada

42 (1) [Repealed, SOR/2011-74, s. 21]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 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 a photocopy, or a printout from an electronic database, of those provisions of any statute, regulation, rule, ordinance or by-law directly at issue, in both official languages if they are required by law to be published in both official languages, but lengthy statutes shall be bound in a separate volume, and statutes not directly at issue shall be included in the book of authorities.

(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) Parts I to V of the factum of 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) Parts I to V of the factum of an intervener, other than an attorney general referred to in subrule 61(4), shall not exceed 10 pages, unless a judge or the Registrar, on motion, otherwise orders.

(7) The appellant shall include a copy of any order stating a constitutional question referred to in subrule 61(1) as an appendix to their factum.