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Canadian International Trade Tribunal Rules

Version of section 35 from 2006-03-22 to 2018-04-25:

  •  (1) The respondent shall, within 60 days after the service of the appellant’s brief under rule 34, file with the Secretary a response prepared in accordance with subrules (2) and (3) and, subject to rule 17, forthwith serve a copy of the brief on the appellant.

  • (2) A response referred to in subrule (1) shall

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

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

      • (i) a concise statement of the grounds on which the appeal is opposed and of the material facts relevant to each ground,

      • (ii) an admission or denial of each ground, and of each of the material facts relevant to each ground, set out in the appellant’s brief,

      • (iii) the issues to be decided,

      • (iv) the statutory provisions relied on,

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

      • (vi) the relief sought;

    • (c) include a table of authorities on which the respondent intends to rely and a copy of those authorities that are reasonably necessary in the presentation of the appeal;

    • (d) 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

    • (e) contain the name, address for service, telephone number and fax number, if any, of the respondent and of the respondent’s counsel, if any.

  • (3) A respondent who intends to rely at the hearing

    • (a) on any documents or authorities that were not previously filed with the Tribunal as part of a response shall, not less than 10 days before the hearing, file them with the Secretary and, subject to rule 17, serve them on the other parties; and

    • (b) on any physical exhibit shall, not less than 10 days before the hearing, file it with the Secretary and notify the other parties of the filing.

  • SOR/2000-139, s. 22

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