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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2021-10-07 and last amended on 2021-06-17. Previous Versions

PART 6Appeals (continued)

General (continued)

Memoranda

Marginal note:Appellant’s memorandum

  •  (1) Within 30 days after filing an appeal book, the appellant shall serve and file a memorandum of fact and law.

  • Marginal note:Respondent’s memorandum

    (2) Within 30 days after service of the appellant’s memorandum of fact and law, the respondent shall serve and file the respondent’s memorandum of fact and law.

  • Marginal note:Where cross-appeal filed

    (3) Where a respondent has served a notice of cross-appeal under rule 341,

    • (a) the respondent shall serve and file a memorandum of fact and law as appellant by cross-appeal, either separate from or as part of the respondent’s memorandum of fact and law, within the time set out in subsection (2); and

    • (b) the appellant shall serve and file a memorandum of fact and law as respondent to cross-appeal, within 30 days after service of the respondent’s memorandum of fact and law.

  • Marginal note:Colour of memorandum

    (4) A memorandum of fact and law that is in paper copy shall have

    • (a) in the case of the appellant’s memorandum, a beige cover;

    • (b) in the case of the respondent’s memorandum, a green cover; and

    • (c) in the case of an intervener’s memorandum, a blue cover.

  • Marginal note:Number of memoranda to be filed

    (5) Memoranda of fact and law shall be filed in the same number as are appeal books.

Requisition for Hearing

Marginal note:Requisition for hearing

  •  (1) Within 20 days after service of the respondent’s memorandum of fact and law or 20 days after the expiration of the time for service of the respondent’s memorandum of fact and law, whichever is the earlier, an appellant shall serve and file a requisition in Form 347 requesting that a date be set for the hearing of the appeal.

  • Marginal note:Default by appellant

    (2) Where an appellant fails to comply with subsection (1), a respondent may, in lieu of bringing a motion under rule 167, serve and file a requisition in Form 347 to request that a date be set for the hearing of the appeal.

  • Marginal note:Content of requisition

    (3) A requisition referred to in subsection (1) shall

    • (a) include a statement that the requirements of subsections 346(1) and (5) have been satisfied and that any notice required under section 57 of the Act has been given;

    • (b) set out the location at which the hearing should be held;

    • (c) set out the maximum number of hours or days required for the hearing;

    • (d) list any dates within the following 90 days on which the parties are not available for a hearing;

    • (e) set out the name, address, telephone number and fax number of the solicitor for every party to the appeal or, where a party is not represented by a solicitor, the person’s name, address, telephone number and any fax number; and

    • (f) indicate whether the hearing will be in English or French, or partly in English and partly in French, and whether the materials in the requisition for hearing file will be in English or French, or partly in English and partly in French.

Book of Authorities

[
  • SOR/2021-150, s. 9(F)
]

Marginal note:Joint book

  •  (1) Within the time for serving and filing the requisition for the hearing set out in subsection 347(1), the parties 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 a joint book of statutes, regulations and authorities; 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 a joint book of statutes, regulations and authorities.

  • Marginal note:Separate books

    (2) If the parties cannot agree on a joint book of statutes, regulations and authorities, they shall each file a separate book, without reproducing documents that are included in the book of another party.

  • Marginal note:Enactments in both official languages

    (3) Extracts of federal statutes and regulations in a book of statutes, regulations and authorities shall be reproduced in both official languages.

  • Marginal note:Reasons for judgment

    (3.1) In respect of any reasons for judgment, a book of statutes, regulations and authorities shall contain

    • (a) in the case where the book is filed in paper copy and the reasons are available from an electronic database that is accessible to the public at no charge, the relevant extracts of the reasons — including the head note, if any, and the paragraphs immediately preceding and following the extracts — with a reference to the database clearly marked on the page containing the extract; and

    • (b) in any other case, the reasons for judgment in full with the relevant extracts clearly marked.

  • Marginal note:Colour of cover

    (4) A book of statutes, regulations and authorities that is in paper copy shall have

    • (a) if the book is filed jointly, a burgundy cover; and

    • (b) if the book is filed separately, a cover that is the same colour as the filing party’s memorandum of fact and law.

Condensed Book

Marginal note:Copies and content

 A party may file five paper copies of a condensed book that contains the extracts from the appeal book and the book of statutes, regulations and authorities that the party will refer to in oral argument.

Consent to Reversal or Variation of Judgment

Marginal note:Consent to reversal or variation of judgment

  •  (1) A respondent may consent to the reversal or variation of an order appealed from by serving and filing a notice to that effect.

  • Marginal note:Judgment on consent

    (2) The Court may pronounce judgment in accordance with a notice filed under subsection (1) if the resultant judgment is one that could have been given on consent.

Material in the Possession of a Tribunal

Marginal note:Material in possession of a tribunal

 Rules 317 to 319 apply to appeals and motions for leave to appeal, with such modifications as are necessary.

New Evidence on Appeal

Marginal note:New evidence on appeal

 In special circumstances, the Court may grant leave to a party to present evidence on a question of fact.

Motions for Leave to Appeal

Marginal note:Leave to appeal

  •  (1) Unless the Court orders otherwise, where leave to appeal is required, it shall be obtained on a motion brought in writing.

  • Marginal note:Respondents and service

    (2) On a motion under subsection (1) the moving party shall name as respondents all persons referred to in rule 338 and personally serve all persons referred to in rule 339.

Marginal note:Motion record

  •  (1) Unless the Court orders otherwise, a party bringing a motion for leave to appeal shall serve the motion record and file an electronic copy of or, subject to rule 72.4, three paper copies of that record.

  • Marginal note:Content of motion record

    (2) A motion record referred to in subsection (1) shall contain, on consecutively numbered pages and in the following order,

    • (a) the order in respect of which leave to appeal is sought and any reasons, including dissenting reasons, given in respect of that order;

    • (b) the pleadings and any other material that is necessary for the hearing of the motion;

    • (c) an affidavit that sets out any facts relied on in the motion that do not appear on the Court file; and

    • (d) a memorandum of fact and law.

 
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