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Rules of the Supreme Court of Canada (SOR/2002-156)

Regulations are current to 2024-02-06 and last amended on 2021-01-27. Previous Versions

PART 5Leave to Appeal (continued)

Service and Filing

  •  (1) An applicant must file with the Registrar

    • (a) a copy of the electronic version of the application for leave to appeal referred to in subrule 25(1), with the reasons for judgment of the lower courts included as hyperlinks, if available, and any motion related to the application for leave to appeal; and

    • (b) the original and two copies of the printed version of the application for leave to appeal referred to in subrule 25(1).

  • (2) In addition to the service required under paragraph 58(1)(a) of the Act, an applicant must

    • (a) send to all other applicants, all respondents and all interveners a copy of the electronic version referred to in paragraph (1)(a) by email and file with the Registrar a read or delivery receipt; and

    • (b) send to any party in the court appealed from who is not named in the style of cause referred to in subrule 22(2) a copy of the notice of application for leave to appeal and file with the Registrar confirmation that the notice was sent.

Response

  •  (1) Within 30 days after the day on which a file is opened by the Court following the filing of an application for leave to appeal or, if a file has already been opened, within 30 days after the service of an application for leave to appeal, a respondent or an intervener may respond to the application for leave to appeal by

    • (a) serving a copy of the response on all other parties;

    • (b) filing with the Registrar the original and two copies of the printed version of the response and a copy of the electronic version of the memorandum of argument referred to in paragraph (2)(a), if any, and any response to any motion related to the application for leave to appeal; and

    • (c) [Repealed, SOR/2020-281, s. 4]

    • (d) sending to all other parties a copy of the electronic version of the memorandum of argument referred to in paragraph (2)(a), if any, and any response to any motion related to the application for leave to appeal by email.

  • (2) The response must be bound and consist of the following:

    • (a) a memorandum of argument in accordance with paragraph 25(1)(c), with Parts I to V not exceeding 20 pages in the case of a respondent and five pages in the case of an intervener; and

    • (b) if, in support of the response, the respondent or intervener intends to rely on transcripts or evidence from the record filed with the court appealed from, the relevant excerpts of the transcripts or evidence, including exhibits.

  • (3) Subrule (2) does not apply if the response is no longer than two pages.

  • SOR/2006-203, s. 9
  • SOR/2011-74, s. 12
  • SOR/2013-175, s. 18
  • SOR/2016-271, ss. 15, 52(F)
  • SOR/2020-281, s. 4

Reply

  •  (1) Within 10 days after service of the response of the respondent or the intervener to the application for leave to appeal or within the time referred to in subrule 30(1) if paragraph 30(2)(b) applies, the applicant may reply by

    • (a) serving a copy of the reply on all other parties;

    • (b) filing with the Registrar the original and two copies of the printed version of the reply and a copy of the electronic version of the memorandum of argument referred to in subrule (2), if any, and any reply to the response to any motion related to the application for leave to appeal; and

    • (c) [Repealed, SOR/2020-281, s. 5]

    • (d) sending to all other parties a copy of the electronic version of the memorandum of argument referred to in subrule (2), if any, and any reply to the response to any motion related to the application for leave to appeal by email.

  • (2) The reply must be bound and consist of a memorandum of argument not exceeding five pages.

  • (3) Subrule (2) does not apply if the reply is no longer than two pages.

PART 6Leave to Cross-appeal

Application for Leave to Cross-Appeal

  •  (1) Within the deadline for filing a response under subrule 27(1) in the case of an appeal for which leave is required or, in all other cases, within 30 days of service of a notice of appeal, a respondent who seeks to set aside or vary all or any part of the disposition of the judgment appealed from may apply for leave to cross-appeal by

    • (a) serving a copy of the application for leave to cross-appeal on all parties who are named in the style of cause referred to in subrule 22(2) for the application for leave to cross-appeal;

    • (a.1) filing with the Registrar the original and two copies of the printed version of the application for leave to cross-appeal and a copy of the electronic version of the notice of application for leave to cross-appeal, the memorandum of argument and any motion related to the application for leave to cross-appeal;

    • (b) sending to the parties referred to in paragraph (a) a copy of the electronic version of the notice of application for leave to cross-appeal referred to in paragraph (2)(a), a memorandum of argument in accordance with paragraph 25(1)(c) and any motion related to the application for leave to cross-appeal by email, and filing with the Registrar a read or delivery receipt; and

    • (c) sending to any party in the court appealed from who is not named in the style of cause for the application for leave to cross-appeal a copy of the notice of application for leave to cross-appeal, and filing with the Registrar confirmation that the notice was sent.

    • (d) [Repealed, SOR/2020-281, s. 6]

  • (2) The application for leave to cross-appeal

    • (a) must be bound and consist of a notice of application for leave to cross-appeal in Form 29, and must be otherwise in accordance with Rule 25, with any modifications that the circumstances require; and

    • (b) may be joined with the response to the application for leave to appeal.

  • (3) A respondent who seeks to uphold the judgment appealed from on a ground not relied on in the reasons for that judgment may do so in the respondent’s factum without applying for leave to cross-appeal.

  • (4) In the circumstances set out in subrule (3), the appellant may serve and file, in accordance with subrule 35(3), a factum in response that is bound and does not exceed 20 pages.

  • SOR/2006-203, s. 10
  • SOR/2011-74, s. 14
  • SOR/2013-175, s. 20
  • SOR/2016-271, s. 17
  • SOR/2020-281, s. 6

Response

  •  (1) Within 30 days after service of the application for leave to cross-appeal, an applicant may respond to the application for leave to cross-appeal by

    • (a) serving on all other parties to the application for leave to cross-appeal a copy of the response;

    • (b) filing with the Registrar the original and two copies of the printed version of the response and a copy of the electronic version of the memorandum of argument in accordance with paragraph 25(1)(c), if any, and any response to any motion related to the application for leave to cross-appeal; and

    • (c) [Repealed, SOR/2020-281, s. 7]

    • (d) sending to all other parties to the application for leave to cross-appeal a copy of the electronic version of the memorandum of argument, if any, and any response to any motion related to the application for leave to cross-appeal by email.

  • (2) The response to the application for leave to cross-appeal

    • (a) must be bound and be otherwise in accordance with subrule 27(2), with any modifications that the circumstances require; and

    • (b) may be joined with the reply to the response to the application for leave to appeal.

  • (3) Subrule (2) does not apply if the response to the application for leave to cross-appeal is no longer than two pages.

Reply

  •  (1) Within 10 days after the service of the applicant’s response to the application for leave to cross-appeal, the respondent may reply by

    • (a) serving on all other parties to the application for leave to cross-appeal a copy of the reply;

    • (b) filing with the Registrar the original and two copies of the printed version of the reply and a copy of the electronic version of the memorandum of argument, if any, and any reply to the response to any motion related to the application for leave to cross-appeal; and

    • (c) [Repealed, SOR/2020-281, s. 8]

    • (d) sending to all other parties to the application for leave to cross-appeal a copy of the electronic version of the memorandum of argument, if any, and any reply to the response to any motion related to the application for leave to cross-appeal by email.

  • (2) The reply must be bound and consist of a memorandum of argument not exceeding five pages.

  • (3) Subrule (2) does not apply if the reply is no longer than two pages.

PART 7Submission to the Court

Submission of Applications

  •  (1) The Registrar shall submit to the Court for consideration

    • (a) an application for leave to appeal, either

      • (i) after the reply is filed or at the end of the 10-day period referred to in Rule 28, as the case may be, or

      • (ii) if no response is filed, at the end of the 30-day period referred to in Rule 27; and

    • (b) an application for leave to cross-appeal, either

      • (i) after the reply is filed or at the end of the 10-day period referred to in Rule 31, as the case may be, or

      • (ii) if no response is filed, at the end of the 30-day period referred to in Rule 30.

  • (2) Documents shall not be filed after the application for leave to appeal or leave to cross-appeal, as the case may be, has been submitted to the Court unless the Registrar otherwise directs.

  • (3) The Registrar shall set down for hearing any application for leave to appeal for which an oral hearing has been ordered pursuant to paragraph 43(1)(c) of the Act.

  • SOR/2016-271, s. 20

PART 8Appeals and Cross-appeals

Notice of Appeal

  •  (1) A notice of appeal under paragraph 60(1)(a) of the Act must

    • (a) be in Form 33A;

    • (b) in the case of an appeal under paragraph 691(1)(a) or (2)(a) or (b), 692(3)(a) or 693(1)(a) of the Criminal Code, cite the legislative provision that authorizes the appeal, set out the questions of law, including the question of law on which the dissenting judgment of the court appealed from is, in whole or in part, based, and include as a schedule to the notice of appeal a copy of the information or indictment, the judgment and the reasons for judgment, if any, of the court of first instance or the notation on the indictment or on an equivalent document, and the judgment and the reasons for judgment of the court appealed from; and

    • (c) in the case of all other appeals for which leave to appeal is not required, cite the legislative provision that authorizes the appeal and include as a schedule to the notice of appeal a copy of the judgment and the reasons for judgment of the court appealed from.

    • (d) [Repealed, SOR/2019-1, s. 6]

  • (2) In the case of an appeal that raises an issue in respect of the constitutional validity or applicability of a statute, regulation or common law rule, or the inoperability of a statute or regulation, a notice of constitutional question in Form 33B shall be filed by the appellant, as a schedule to the notice of appeal, or by the respondent, if the issue has been raised by the respondent, within 30 days after leave to appeal has been granted or after the filing of the notice of appeal in respect of an appeal for which leave is not required.

  • (3) On the same day as the notice of constitutional question is filed, a copy of it shall be served by email on all other parties to the appeal and on any attorney general who is not already a party to the appeal together with hyperlinks to

    • (a) the judgment granting the application for leave to appeal and the reasons for judgment of the court appealed from;

    • (b) the legislative provisions at issue; and

    • (c) if applicable, the relevant provisions of the Canadian Charter of Rights and Freedoms and any other legislative provision relied on by the party.

  • (4) Within four weeks after the service of a notice of constitutional question, an attorney general who intends to participate in the appeal shall serve on all other parties and file with the Registrar a notice of intervention in Form 33C without being required to obtain leave to intervene.

Service and Filing of Notice of Appeal

  •  (1) In addition to the service required under paragraph 58(1)(b) of the Act, the appellant shall send to any party in the court appealed from who is not named in the style of cause referred to in subrule 22(3) a copy of the notice of appeal by ordinary mail, fax or email to the last known address, last known fax number or last known email address.

  • (2) The appellant shall file with the Registrar the original and one copy of the printed version of the notice of appeal together with an affidavit setting out the names of the parties referred to in subsection (1) and the addresses or fax numbers to which the copies were sent.

  • (3) The appellant shall file with the Registrar one copy of the electronic version of the notice of appeal.

  • SOR/2006-203, s. 12
  • SOR/2011-74, s. 18
  • SOR/2013-175, s. 24

Service and Filing of Appellant’s Documents

  •  (1) Within eight weeks after the notice of appeal is filed, the appellant shall

    • (a) serve on all other parties one copy of the electronic version of the appellant’s notice of appeal, factum, record (except for Part V) and, if any, a book of authorities;

    • (b) file with the Registrar

      • (i) one copy of the electronic version of the appellant’s factum, record and, if any, a book of authorities,

      • (ii) the original and 23 copies of the printed version of the factum and 20 copies of the printed version of any volume of the record containing Part I,

      • (iii) two copies of all other volumes of the printed version of the record, and

      • (iv) two copies of the printed version of the book of authorities, if any; and

    • (c) file with the Registrar a redacted copy of the electronic version of the appellant’s factum, if the factum contains any of the documents and information identified in the certificate filed in accordance with subrule 23(3).

  • (2) Within two weeks after being served under paragraph 36(2)(a) with a respondent’s factum that includes a factum in a cross-appeal, the appellant may serve and file, in accordance with paragraph (1)(a), subparagraphs (1)(b)(i) and (ii) and paragraph (1)(c), a factum in response to the cross-appeal.

  • (3) Within two weeks after being served with the factum referred to in subrule 29(3), the appellant may serve and file, in accordance with paragraph (1)(a), subparagraphs (1)(b)(i) and (ii) and paragraph (1)(c), a factum in response.

  • SOR/2006-203, s. 13
  • SOR/2011-74, s. 19
  • SOR/2016-271, s. 22
 

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