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Rules of the Supreme Court of Canada

Version of section 49 from 2014-01-01 to 2016-12-31:

  •  (1) Within 10 days after service of the motion, a respondent to the motion may respond to the motion by

    • (a) serving on all moving parties and other respondents to the motion

      • (i) a copy of the electronic version of a response, and

      • (ii) a copy of the printed version of the response; and

    • (b) filing with the Registrar

      • (i) a copy of the electronic version of the response, and

      • (ii) the original and a copy of the printed version of the response.

  • (2) Unless it is served and filed in the form of correspondence of no longer than two pages, the response shall consist of the following, in the following order:

    • (a) a memorandum of argument in accordance with paragraph 25(1)(c), with any modifications that the circumstances require; and

    • (b) the documents that the respondent intends to rely on, in chronological order, in accordance with subrule 25(3).

  • (3) Parts I to V of the memorandum of argument shall not exceed 10 pages.

  • (4) Despite subrule (1), in the case of a motion served and filed with an application for leave to appeal or leave to cross-appeal, with the exception of a motion to expedite, the response to the motion may be served and filed with the response to the application for leave to appeal or leave to cross-appeal in accordance with Rule 27 or 30, as the case may be.

  • SOR/2006-203, s. 24
  • SOR/2013-175, s. 32

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