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 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)(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 states

  • (i) whether there is a sealing or confidentiality order in effect in the file from a lower court or the Court and whether any document filed includes information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

  • (ii) whether there is, pursuant to an order or legislation, a ban on the publication of evidence or the names or identity of a party or witness and whether any document filed includes information that is subject to that ban, and

  • (iii) whether there is, pursuant to legislation, information that is subject to limitations on public access and whether any document filed includes information that is subject to those limitations;

• (b) a copy of any order referred to in subparagraph (a)(i) and (ii) or of the provision of the applicable legislation mentioned in subparagraphs (a)(i) to (iii); and

• (c) 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, 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.