Rules of the Supreme Court of Canada

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 affidavits;

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

• (d) the documents that the applicant intends to rely on, in chronological order, in accordance with subrule 25(3); and

• (e) a draft of the order sought, including costs.

(1.1) An originating motion shall include, after the notice of motion,

• (a) 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; and

• (b) 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.

(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.