Canadian International Trade Tribunal Rules

34 (1) The appellant must, within 60 days after receipt of an acknowledgement referred to in section 32,

• (a) file with the Tribunal a brief prepared in accordance with subrules (2) and (3); and

• (b) subject to rule 17, serve a copy of the brief without delay on the other parties, and send to the Tribunal a confirmation that the service has been effected.

(2) A brief referred to in subrule (1) shall

• (a) be dated and signed by the appellant or by the appellant’s counsel, if any;

• (b) be numbered on each page;

• (c) be divided into paragraphs that are numbered consecutively and that set out

  • (i) a statement of the grounds for appeal and of the material facts relevant to each ground,

  • (ii) a description of the goods in issue,

  • (iii) a statement of points in issue between the parties,

  • (iv) the statutory provisions relied on,

  • (v) the history of the proceeding before the filing of the notice of appeal,

  • (vi) the Tribunal’s jurisdiction to hear the appeal,

  • (vii) a brief statement of argument to be made at the hearing, and

  • (viii) the nature of the decision, order, finding or declaration sought;

• (d) include a table of authorities on which the appellant intends to rely and a copy of those authorities that are reasonably necessary in the presentation of the appeal or as otherwise directed by the Tribunal;

• (e) include a copy of any document that may be useful in explaining or supporting the appeal and any other information relating to the appeal that the Tribunal requires; and

• (f) contain the name, address for service, telephone number and email address of the appellant and of the appellant’s counsel, if any.

(3) An appellant who intends to rely at the hearing

• (a) on any documents or authorities that were not available or that could not be included in a brief filed with the Tribunal must, not less than 20 days before the hearing, file them with the Tribunal and, subject to rule 17, serve a copy of them on the other parties;

• (b) on any physical exhibit must, not less than 20 days before the hearing, file it with the Tribunal and notify the other parties of the filing; and

• (c) on any witness testimony must, not less than 20 days before the hearing, file with the Tribunal a list providing the name and occupation of any proposed witness as well as the language to be used at the hearing.