Federal Courts Rules

Marginal note:Memorandum of fact and law

• 70 (1) A memorandum of fact and law shall contain, in consecutively numbered paragraphs,

  • (a) a concise statement of fact, as Part I of the memorandum;

  • (b) a statement of the points in issue, as Part II of the memorandum;

  • (c) a concise statement of submissions, as Part III of the memorandum;

  • (d) a concise statement of the order sought, including any order concerning costs, as Part IV of the memorandum;

  • (e) a list of the authorities to be referred to, as Part V of the memorandum;

  • (f) in a proceeding other than an appeal, the provisions of any statutes or regulations cited or relied on that have not been reproduced in another party’s memorandum, as Appendix A to the memorandum; and

  • (g) in a proceeding other than an appeal, a book of the authorities to be referred to that have not been included in another party’s book of authorities, as Appendix B to the memorandum.

• Marginal note:Enactments in both official languages

  (2) Extracts of federal statutes and regulations in Appendix A to a memorandum of fact and law shall be reproduced in both official languages.

• Marginal note:Book of authorities

  (2.1) In respect of reasons for judgment, the book of 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:Appendices

  (3) If a memorandum of fact and law is filed in paper copy, the appendices may be bound separately from the memorandum.

• Marginal note:Length

  (4) Unless otherwise ordered by the Court, a memorandum of fact and law, exclusive of Part V and appendices, shall not exceed 30 pages in length.

• Marginal note:Exception — combined memorandum

  (5) Despite subsection (4), if a respondent serves and files a single memorandum of fact and law as appellant by cross-appeal as part of the respondent’s memorandum of fact and law, it shall not exceed 60 pages in length exclusive of Part V and appendices.