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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2021-06-28 and last amended on 2021-06-17. Previous Versions

PART 6Appeals (continued)

General (continued)

Commencement of Appeal (continued)

Marginal note:Content of notice of appeal — certain judgments of Tax Court of Canada

 An appeal from a final judgment of the Tax Court of Canada under subsection 27(1.2) of the Act shall be commenced by a notice of appeal, in Form 337.1, setting out

  • (a) the names of the parties;

  • (b) a precise statement of the relief sought;

  • (c) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on;

  • (d) the date and details of the final judgment under appeal; and

  • (e) the place proposed for the hearing of the appeal.

  • SOR/2004-283, s. 19

Marginal note:Persons to be included as respondents

  •  (1) Unless the Court orders otherwise, an appellant shall include as a respondent in an appeal

    • (a) every party in the first instance who is adverse in interest to the appellant in the appeal;

    • (b) any other person required to be named as a party by an Act of Parliament pursuant to which the appeal is brought; and

    • (c) where there are no persons that are included under paragraph (a) or (b), the Attorney General of Canada.

  • Marginal note:Substitution for Attorney General

    (2) On a motion by the Attorney General of Canada, where the Court is satisfied that the Attorney General is unable or unwilling to act as a respondent in an appeal, the Court may substitute another person or body, including a tribunal whose order is being appealed, as a respondent in the place of the Attorney General of Canada.

Marginal note:Service of notice of appeal

  •  (1) Unless the Court directs otherwise or an Act of Parliament authorizing the appeal provides otherwise, within 10 days after the issuance of a notice of appeal, the appellant shall serve it on

    • (a) all respondents;

    • (b) in the case of an appeal of an order of a tribunal,

      • (i) the Attorney General of Canada, and

      • (ii) the tribunal or its chief executive officer;

    • (c) any person who is not a party and who participated in the first instance; and

    • (d) any other person directly affected by the appeal.

  • Marginal note:Proof of service

    (2) Proof of service of a notice of appeal shall be filed within 10 days after the notice of appeal is served.

Marginal note:Solicitor of record and address for service

 In an appeal from the Federal Court to the Federal Court of Appeal, the solicitor of record and the address for service of a party on the appeal shall be the same as they were in the first instance.

  • SOR/2004-283, s. 20

Marginal note:Appearance or cross-appeal

  •  (1) A respondent who intends to participate in an appeal shall, within 10 days after service of the notice of appeal, serve and file

    • (a) a notice of appearance in Form 341A; or

    • (b) where the respondent seeks a different disposition of the order appealed from, a notice of cross-appeal in Form 341B.

  • Marginal note:Content of notice of cross-appeal

    (2) A notice of cross-appeal shall set out

    • (a) a precise statement of the relief sought; and

    • (b) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on.

  • Marginal note:Leave for late cross-appeal

    (3) Where a respondent has not filed a notice of cross-appeal under subsection (1), the cross-appeal may not be heard without leave of the Court.

  • SOR/2007-301, s. 12(F)

Marginal note:Consolidation of appeals

  •  (1) Unless the Court orders otherwise, where more than one party appeals from an order, all appeals shall be consolidated.

  • Marginal note:Directions

    (2) The Court may give directions as to the procedure to be followed in a consolidation under subsection (1).

Appeal Books

Marginal note:Agreement re appeal book

  •  (1) Within 30 days after the filing of a notice of appeal, the parties shall agree in writing as to the documents, exhibits and transcripts to be included in the appeal book and shall file a copy of that agreement.

  • Marginal note:Limitation

    (2) The parties shall include in an appeal book only such documents, exhibits and transcripts as are required to dispose of the issues on appeal.

  • Marginal note:Motion to determine content of appeal book

    (3) If no agreement is reached within the period referred to in subsection (1), the appellant shall, within 10 days after the expiration of that period, serve and file a notice of motion under rule 369 to request that the Court determine the content of the appeal book.

  • Marginal note:Order for transcripts or reproductions

    (4) Where a transcript or the reproduction of exhibits is required, the appellant shall order it and shall file proof of the order within 10 days after filing an agreement under subsection (1) or obtaining an order under subsection (3).

  • Marginal note:Preparation of appeal book

    (5) The appeal book shall be prepared by the appellant forthwith unless, on the motion of the appellant, the Court orders the Administrator to prepare an appeal book on the appellant’s behalf from documents provided by the appellant.

  • SOR/2015-21, s. 20

Marginal note:Content of appeal book

  •  (1) An appeal book shall contain, on consecutively numbered pages and in the following order,

    • (a) a table of contents describing each document;

    • (b) the notice of appeal and any notice of cross-appeal;

    • (c) the order appealed from, as signed and entered, and any reasons, including dissenting reasons, given in respect of that order;

    • (d) the originating document, any other pleadings and any other document in the first instance that defines the issues in the appeal;

    • (e) subject to subsection (2), all documents, exhibits and transcripts agreed on under subsection 343(1) or ordered to be included on a motion under subsection 343(3);

    • (f) any order made in respect of the conduct of the appeal;

    • (g) any other document relevant to the appeal;

    • (h) an agreement reached under subsection 343(1) as to the contents of the appeal book or an order made under subsection 343(3); and

    • (i) a certificate in Form 344, signed by the appellant’s solicitor, stating that the contents of the appeal book are complete and legible.

  • Marginal note:Colour of cover

    (1.1) An appeal book that is filed in paper copy shall have a grey cover.

  • Marginal note:Transcripts separate

    (2) Transcripts may be reproduced in a separate document.

  • SOR/2006-219, s. 13
  • SOR/2015-21, s. 21

Marginal note:Appeal book

  •  (1) An appellant shall serve and file the appeal book within 30 days after the day on which a copy of an agreement under subsection 343(1) is filed or an order under subsection 343(3) is obtained.

  • Marginal note:Number of copies

    (2) The appellant shall file

    • (a) if the appeal is brought in the Federal Court, an electronic copy of or, subject to rule 72.4, three paper copies of the book; and

    • (b) if the appeal is brought in the Federal Court of Appeal, an electronic copy of or, subject to rule 72.4, five paper copies of the book.

 
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