Registration
SOR/2006-203 September 7, 2006
Rules amending the Rules of the Supreme Court of Canada
Pursuant to subsection 97(1) of the Supreme Court Act, the undersigned judges of the Supreme Court of Canada hereby make the annexed Rules Amending the Rules of the Supreme Court of Canada.
Ottawa, September 6, 2006
The Right Honourable Beverley McLachlin
The Honourable Mr. Justice Michel Bastarache
The Honourable Mr. Justice William Ian Corneil Binnie
The Honourable Mr. Justice Louis LeBel
The Honourable Mr. Justice Marshall Rothstein
Judges of the Supreme Court of Canada
RULES AMENDING THE RULES OF THE SUPREME COURT OF CANADA
AMENDMENTS
1. Rule 5 of the Rules of the Supreme Court of Canada (see footnote 1) is replaced by the following:
5. (1) The computation of time under these Rules or under an order of the Court, a judge or the Registrar is governed by the Interpretation Act.
(2) A day that is a holiday shall not be included in computing a period of less than six days under these Rules.
(3) The month of July shall not be included in the computation of time under these Rules except for the service and filing of a record, factum or book of authorities under Rules 35 to 37 and a motion for leave to intervene under paragraph 56(b) and service of a notice of constitutional question under subrule 61(2).
(4) A day that is a holiday and the month of July shall be included in the computation of time under an order of the Court, a judge or the Registrar.
5.1 Unless otherwise directed by the Court, a judge or the Registrar and subject to section 58 of the Act, the period beginning on December 21 in a year and ending on January 7 in the following year shall not be included in a computation of time under these Rules for serving and filing documents.
2. Rule 19 of the Rules is amended by adding the following after subrule (2):
(2.1) A document subject to a sealing order from a lower court or the Court must be filed in a sealed envelope and be accompanied by a covering letter and a copy of the sealing order.
(2.2) A document that a party requires to be sealed must be filed in a sealed envelope and be accompanied by a motion to seal made to a judge.
(2.3) A document that includes or reveals information contained in a document that is subject to a sealing order must be filed in a sealed envelope and be accompanied by a motion to seal made to a judge. A redacted version of the document must be filed for the record of the court.
3. (1) Paragraph 20(1)( c ) of the Rules is replaced by the following:
(c) by fax transmission, except for
(i) documents that are required to be bound under these Rules, and
(ii) documents that are longer than 40 pages, unless the recipient consents to the fax transmission.
(2) The portion of subrule 20(4) of the Rules before paragraph ( a ) is replaced by the following:
(4) Proof of service shall be verified by filing, in accordance with Rule 19, one of the following documents within two days after service, unless a judge or the Registrar otherwise orders:
(3) Paragraph 20(4)( d ) of the Rules is replaced by the following:
(d) if service is made by registered or certified mail or by courier, an affidavit annexing a post office receipt, a receipt card bearing the signature of the person served or a copy of the tracking results of the courier service indicating the status of the delivery of the document; or
(4) Subrule 20(6) of the Rules is repealed.
4. (1) The portion of subrule 21(1) of the French version of the Rules before paragraph ( a ) is replaced by the following:
21. (1) Les documents présentés devant la Cour sont imprimés selon les règles suivantes :
(2) Paragraph 21(1)( c ) of the Rules is replaced by the following:
(c) subject to subrule (2) and except for the table of contents prepared in accordance with Rule 24, with the pages of the document numbered consecutively with Arabic numerals anywhere at the top of the page.
(3) Rule 21 of the Rules is amended by adding the following after subrule (2):
(2.1) If a document exceeds 300 pages,
(a) it shall be bound in volumes of not more than 200 pages;
(b) there shall be indicated on each volume, below the title of the document and the information required by paragraph 22(1)(f), but within the horizontal lines, the volume number in Roman numerals and, on the same line or on the line below, the volume number, the page numbers of the first and last pages in that volume or, in the case of a book of authorities, the tab numbers of the first and last tabs in that volume; and
(c) the volume number in Roman numerals shall also appear on the bottom cutting edge of each volume.
5. (1) Paragraph 22(1)( f ) of the French version of the Rules is replaced by the following:
f) les articles de la Loi, des présentes règles ou de tout autre texte législatif sur lesquels le document est fondé, en lettres minuscules et entre les deux lignes horizontales.
(2) The portion of subrule 22(2) of the French version of the Rules before paragraph ( a ) is replaced by the following:
(2) L'intitulé de la demande d'autorisation d'appel porte les noms des personnes énumérées ci-après, suivis de leur qualité devant la juridiction inférieure :
(3) Paragraph 22(2)( b ) of the French version of the Rules is replaced by the following:
b) à titre d'intimé, toute partie — y compris, au Québec, le mis en cause — qui, devant la juridiction inférieure, avait des intérêts opposés à ceux du demandeur;
(4) Paragraph 22(2)( c ) of the Rules is replaced by the following:
(c) as an intervener,
(i) any intervener who was given full party status in the court appealed from and, in Quebec, any mis-en-cause in the court appealed from who is not already named in the style of cause,
(ii) each person who has been granted leave to intervene in accordance with Rule 59, and
(iii) each administrative board or tribunal whose jurisdiction is at issue, whether or not the board or tribunal was active in the proceedings in the court appealed from.
(5) The portion of subrule 22(3) of the French version of the Rules before paragraph ( a ) is replaced by the following:
(3) L'intitulé de l'appel porte les noms des personnes énumérées ci-après, suivis de leur qualité devant la juridiction inférieure :
(6) Paragraph 22(3)( b ) of the French version of the Rules is replaced by the following:
b) à titre d'intimé, toute partie — y compris, au Québec, le mis en cause — qui, devant la juridiction inférieure, avait des intérêts opposés à ceux de l'appelant;
(7) Paragraph 22(3)( c ) of the Rules is replaced by the following:
(c) as an intervener,
(i) any intervener who was given full party status in the court appealed from and, in Quebec, any mis-en-cause in the court appealed from who is not already named in the style of cause,
(ii) each person who has been granted leave to intervene in accordance with Rule 59,
(iii) each attorney general who has filed a notice of intervention in accordance with subrule 61(4), and
(iv) each administrative board or tribunal whose jurisdiction is at issue, whether or not the board or tribunal was active in the proceedings in the court appealed from.
(8) Rule 22 of the Rules is amended by adding the following after subrule (3):
(3.1) The style of cause in a motion shall follow the style of cause for the application for leave to appeal or the appeal, as the case may be, and may be abbreviated to name only the first applicant and respondent, or the first appellant and respondent, as the case may be.
6. Subrule 24(1) of the Rules is amended by striking out the word "and" at the end of paragraph ( a ), by adding the word "and" at the end of paragraph ( b ) and by adding the following after paragraph ( b ):
(c) in the case of a book of authorities, the tabs and references for each authority.
7. Rule 25 of the Rules is replaced by the following:
25. (1) An application for leave to appeal shall be bound with grey covers and consist of the following, in the following order:
(a) a notice of application for leave to appeal in Form 25A, followed by a notice of bilingual name in Form 14 if applicable;
(b) any affidavits in support of the application for leave to appeal;
(c) a certificate in Form 25B that
(i) states whether there is a sealing order or ban on the publication of evidence or the names or identity of a party or witness, gives the details of the sealing order or ban, if any, and includes a copy of any written order, and
(ii) states whether there is any confidential information on the file that should not be accessible to the public by virtue of specific legislation and includes a copy of the provision of the legislation;
(d) if a judge's previous involvement or connection with the case would result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, a certificate in Form 25C setting out the issues;
(e) beginning with the court of first instance or the administrative tribunal, as the case may be, and ending with the court appealed from,
(i) copies of the reasons, if any, for the respective judgments of the lower courts, in the form of a photocopy or of a printout from an electronic database,
(ii) copies of all formal judgments or orders, as signed and entered, and
(iii) copies of all draft orders, the final versions of which shall be filed separately immediately after they are signed and entered;
(f) a memorandum of argument divided as follows:
(i) Part I, a concise statement of facts,
(ii) Part II, a concise statement of the questions in issue,
(iii) Part III, a concise statement of argument,
(iv) Part IV, submissions, if any, not exceeding one page in support of the order sought concerning costs,
(v) Part V, the order or orders sought, including the order or orders sought with respect to costs,
(vi) Part VI, a table of authorities, arranged alphabetically and setting out the paragraph numbers in Part III where the authorities are cited, and
(vii) Part VII, a photocopy, or a printout from an electronic database, of those provisions of any statute, regulation, rule, ordinance or by-law being relied on, in both official languages if they are required by law to be published in both official languages; and
(g) the documents that the applicant intends to rely on, in chronological order.
(2) Parts I to V of the memorandum of argument shall not exceed 20 pages.
(3) If the documents referred to in paragraph (1)(g) include transcripts or evidence, a party shall reproduce only the relevant excerpts of the transcript or evidence, including exhibits.
(4) If the documents referred to in paragraph (1)(g) are reproduced in the record filed with the court appealed from, six copies of that record may be filed with the Registrar instead of the documents.
(5) An application for leave to appeal may contain, after the memorandum of argument, a copy of the authorities that the applicant intends to rely on, or be accompanied by six copies of a book of authorities bound in grey covers and containing a copy of those authorities, prepared in accordance with Rule 44, with any modifications that the circumstances require.
8. Paragraphs 26(2)( a ) and ( b ) of the Rules are replaced by the following:
(a) 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 by ordinary mail or by fax to the latest known address or fax number, as the case may be; and
(b) file with the Registrar an affidavit attesting to the names of the parties referred to in paragraph (a) and the addresses or fax numbers to which the copies were sent.
9. Rule 27 of the Rules is replaced by the following:
27. (1) Within 30 days after the service of the application for leave to appeal, a respondent or an intervener may respond to the application for leave to appeal by
(a) serving a response on all other parties; and
(b) filing with the Registrar the original and five copies of the response.
(2) The response of a respondent shall be bound with green covers and the response of an intervener shall be bound with blue covers, and each response shall consist of the following:
(a) any affidavits in support of the response;
(b) a memorandum of argument in accordance with paragraph 25(1)(f), with Parts I to V not exceeding 20 pages in the case of the respondent and five pages in the case of the intervener; and
(c) the documents that the respondent or intervener intends to rely on, in chronological order, in accordance with subrules 25(3) to (5).
10. Subrule 29(4) of the Rules is replaced by the following:
(4) In the circumstances set out in subrule (3), the appellant may serve and file, in accordance with subrule 35(4), a factum in response not exceeding 20 pages that is bound with beige covers and on which a reference to this rule appears between the horizontal lines.
11. Rule 33 of the Rules is amended by striking out the word "and" at the end of paragraph ( d ) and by replacing paragraph ( e ) with the following:
(e) in the case of an appeal referred to in paragraph (c) or (d), be accompanied by a certificate in Form 25B that
(i) states whether there is a sealing order or ban on the publication of evidence or the names or identity of a party or witness, gives the details of the sealing order or ban, if any, and includes a copy of any written order, and
(ii) states whether there is any confidential information on the file that should not be accessible to the public by virtue of specific legislation and includes a copy of the provision of the legislation; and
(f) if a judge's previous involvement or connection with the case would result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, be accompanied by a certificate in Form 25C setting out the issues.
12. Paragraphs 34( a ) and ( b ) of the Rules are replaced by the following:
(a) 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 or by fax to the latest known address or fax number, as the case may be; and
(b) file with the Registrar the original and one copy of the notice of appeal together with an affidavit setting out the names of the parties referred to in paragraph (a) and the addresses or fax numbers to which the copies were sent.
13. Paragraphs 35(1)( b ) and ( c ) of the Rules are replaced by the following:
(b) serve on all interveners a copy of the appellant's factum, record and book of authorities; and
(c) file with the Registrar
(i) the original and 23 copies of the factum and any volume of the record containing Parts I and II,
(ii) 12 copies of all other volumes of the record,
(iii) 14 copies of the book of authorities, and
(iv) an electronic copy of the factum prepared in accordance with guidelines issued by the Registrar.
14. (1) Paragraph 36(1)( a ) of the Rules is replaced by the following:
(a) serve on all appellants, all other respondents and all interveners a copy of the respondent's record; and
(2) The portion of subrule 36(2) of the English version of the Rules before paragraph ( a ) is replaced by the following:
(2) Within eight weeks after the service of the appellant's factum, the respondent shall
(3) Paragraphs 36(2)( b ) and ( c ) of the Rules are replaced by the following:
(b) serve on all interveners a copy of the respondent's factum, including any factum on cross-appeal, and book of authorities; and
(c) file with the Registrar
(i) the original and 23 copies of the factum,
(ii) 14 copies of the book of authorities, and
(iii) an electronic copy of the factum prepared in accordance with guidelines issued by the Registrar.
15. Rule 37 of the Rules is replaced by the following:
37. Within eight weeks after the order granting leave to intervene for an intervener referred to in subparagraph 22(3)(c)(ii), within 20 weeks after the filing of a notice of intervention under subrule 61(4) for an intervener referred to in subparagraph 22(3)(c)(iii) or within eight weeks after the service of the appellant's factum for an intervener referred to in subparagraph 22(3)(c)(i) or (iv), as the case may be, the intervener shall
(a) serve on all other parties a copy of the intervener's factum and the book of authorities; and
(b) file with the Registrar
(i) the original and 23 copies of the factum,
(ii) 14 copies of the book of authorities, and
(iii) an electronic copy of the factum prepared in accordance with guidelines issued by the Registrar.
16. (1) Subrules 40(4) and (5) of the Rules are repealed.
(2) Subrule 40(7) of the Rules is repealed.
17. (1) Paragraphs 42(2)( a ) to ( g ) of the Rules are replaced by the following:
(a) Part I consisting of
(i) in the appellant's factum, a concise overview of their position and a concise statement of the facts,
(ii) in the respondent's factum, a concise overview of their position and a concise statement of their position with respect to the appellant's statement of facts, including a concise statement of any other facts that the respondent considers relevant, and
(iii) in the intervener's factum, a concise overview of their position, including a concise statement of the facts relevant to the issue on which they have intervened;
(b) Part II consisting of
(i) in the appellant's factum, a concise statement of the questions in issue in the appeal, and
(ii) in the respondent's factum and, subject to subrule 59(3), in the intervener's factum, a concise statement of their positions with respect to the appellant's questions;
(c) Part III consisting of a statement of argument setting out concisely the questions of law or fact to be discussed, with reference to the page of the record and to the tab, page and paragraph number of the authorities being relied on;
(d) Part IV consisting of submissions, if any, not exceeding one page in support of the order sought concerning costs;
(e) Part V consisting of
(i) in the appellant's factum and the respondent's factum, a concise statement of the order or orders sought, and
(ii) in the intervener's factum, if not yet determined in the order granting the intervention, any request for permission to present oral argument at the hearing of the appeal, and the intervener's position with respect to the disposition of the legal issues on which they intervened;
(f) Part VI consisting of a table of authorities, arranged alphabetically and setting out the paragraph numbers in Part III where the authorities are cited; and
(g) Part VII consisting of a photocopy, or a printout from an electronic database, of those provisions of any statute, regulation, rule, ordinance or by-law directly at issue, in both official languages if they are required by law to be published in both official languages, but lengthy statutes shall be bound in a separate volume, and statutes not directly at issue shall be included in the book of authorities.
(2) Subrule 42(3) of the Rules is repealed.
18. (1) Paragraphs 43(1)( a ) and ( b ) of the French version of the Rules are replaced by the following:
a) le mémoire de l'intimé comporte deux grandes sections, chacune divisée en sept parties conformément au paragraphe 42(2); la première section est intitulée, en majuscules, « MÉMOIRE D'APPEL DE L'INTIMÉ » et la seconde, en majuscules, « MÉMOIRE DE L'APPELANT À L'APPEL INCIDENT »;
b) le mémoire d'appel incident de l'appelant est divisé en sept parties conformément au paragraphe 42(2) et est intitulé, en majuscules, « MÉMOIRE DE L'INTIMÉ À L'APPEL INCIDENT ».
(2) Subrule 43(3) of the Rules is repealed.
19. (1) Paragraph 44(2)( b ) of the Rules is replaced by the following:
(b) contain a photocopy, or a printout from an electronic database, of those provisions of any statute, regulation, rule, ordinance or by-law that are cited in Part III of the factum and are not included in Part VII of the factum, in both official languages if they are required by law to be published in both official languages.
(2) Subrule 44(4) of the Rules is replaced by the following:
(4) In the case of all other reasons for judgment, the book of authorities shall contain
(a) if the reasons for judgment are available electronically, only the relevant excerpts including the paragraphs immediately preceding and following the relevant excerpts, the head note, if any, and the reference to the electronic database clearly marked on the page containing the excerpt; or
(b) if the reasons for judgment are not available electronically, the reasons for judgment in full.
20. Subrule 45(1) of the Rules is replaced by the following:
45. (1) A party at the hearing of the appeal shall provide to all other parties a copy, and file with the Registrar 14 copies, of a single condensed book containing the excerpts from the record and book of authorities that the party will refer to in oral argument, and each excerpt shall be marked with a tab.
(1.1) The condensed book may contain an outline of the oral argument, which shall not exceed two pages, shall relate to the contents of the condensed book and shall not constitute a supplementary factum.
21. Rule 46 of the Rules is amended by adding the following after subrule (4):
(5) Within one week after the filing of the notice of reference, the Governor in Council shall serve a copy of the notice of reference on the attorney general of each province and on the minister of Justice of each territory.
(6) Within four weeks after being served with the notice of reference, an attorney general of a province, or a minister of Justice of a territory, with any special interest in the reference shall
(a) serve on the Governor in Council, and any counsel requested to argue a case under subsection 53(7) of the Act, a notice of intervention; and
(b) file with the Registrar the original and two copies of the notice of intervention.
(7) Within 12 weeks after the filing of the notice of reference, the Governor in Council shall
(a) serve on the attorney general of any province and on the minister of Justice of any territory, having served a notice of intervention under paragraph (6)(a), and any counsel requested to argue a case under subsection 53(7) of the Act, a copy of each of the Governor in Council's factum, record and book of authorities; and
(b) file with the Registrar
(i) the original and 23 copies of the factum,
(ii) 14 copies of each of the record and of the book of authorities, and
(iii) an electronic copy of the factum prepared in accordance with guidelines issued by the Registrar.
(8) Any counsel requested to argue a case under subsection 53(7) of the Act shall, within eight weeks after the request or within eight weeks after the filing of the Governor in Council's factum, whichever is later,
(a) serve a copy of the counsel's factum, and a copy of each of the record and of the book of authorities on the Governor in Council; and
(b) file with the Registrar
(i) the original and 23 copies of the factum,
(ii) 14 copies of each of the record and of the book of authorities, and
(iii) an electronic copy of the factum prepared in accordance with guidelines issued by the Registrar.
(9) An attorney general of a province or a minister of Justice of a territory filing a notice of intervention under subrule (6) shall, within 20 weeks after filing the notice,
(a) serve on the Governor in Council, and any counsel requested to argue a case under subsection 53(7) of the Act, a copy of the attorney general's or the minister's factum and book of authorities; and
(b) file with the Registrar
(i) the original and 23 copies of the factum,
(ii) 14 copies of the book of authorities, and
(iii) an electronic copy of the factum prepared in accordance with guidelines issued by the Registrar.
(10) Within four weeks after the filing of the factum of the Governor in Council, any person interested in intervening in the reference may make a motion for intervention to a judge in accordance with Rules 47 and 57 by
(a) serving on each of the Governor in Council, and any counsel requested by the Court under subsection 53(7) of the Act, a copy of the person's motion; and
(b) filing with the Registrar the original and two copies of the motion.
(11) The motion for intervention shall be dealt with in accordance with Rules 58 and 59, and the service and filing of the intervener's documents shall be in accordance with Rule 37.
(12) The facta, records and books of authorities in a reference shall be prepared in accordance with these Rules, with any modifications that the circumstances require.
22. (1) Paragraphs 47(1)( b ) and ( c ) of the Rules are replaced by the following:
(b) any affidavits;
(c) if considered necessary by the applicant, a memorandum of argument in accordance with paragraph 25(1)(f), with any modifications that the circumstances require;
(2) Rule 47 of the Rules is amended by adding the following after subrule (1):
(1.1) An originating motion shall include, after the notice of motion,
(a) a certificate in Form 25B that
(i) states whether there is a sealing order or ban on the publication of evidence or the names or identity of a party or witness, gives the details of the sealing order or ban, if any, and includes a copy of any written order, and
(ii) states whether there is any confidential information on the file that should not be accessible to the public by virtue of specific legislation and includes a copy of the provision of the legislation; and
(b) if a judge's previous involvement or connection with the case would result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, a certificate in Form 25C setting out the issues.
23. Paragraph 48(1)( a ) of the Rules is replaced by the following:
(a) serve the motion on all parties to the motion and a copy of the notice of motion on all other parties; and
24. (1) The portion of subrule 49(1) of the Rules before paragraph ( b ) is replaced by the following:
49. (1) Within 10 days after service of the motion, a respondent to the motion may respond to the motion by
(a) serving a response on all moving parties and other respondents to the motion; and
(2) Paragraph 49(2)( a ) of the Rules is replaced by the following:
(a) if considered necessary by the respondent to the motion, a memorandum of argument in accordance with paragraph 25(1)(f), with any modifications that the circumstances require; and
(3) Subrule 49(4) of the Rules is replaced by the following:
(4) Despite subrule (1), in the case of a motion served and filed with an application for leave to appeal, with the exception of a motion to expedite, the response to the motion may be served and filed with the response to the application for leave to appeal.
25. Paragraph 50(1)( a ) of the Rules is replaced by the following:
(a) serving a reply on all parties to the motion; and
26. (1) Paragraph 52(1)( c ) of the Rules is replaced by the following:
(c) a memorandum of argument in accordance with paragraph 25(1)(f), with any modifications that the circumstances require; and
(2) Rule 52 of the Rules is amended by adding the following after subrule (1):
(1.1) An originating motion shall include, after the notice of motion,
(a) a certificate in Form 25B that
(i) states whether there is a sealing order or ban on the publication of evidence or the names or identity of a party or witness, gives the details of the sealing order or ban, if any, and includes a copy of any written order, and
(ii) states whether there is any confidential information on the file that should not be accessible to the public by virtue of specific legislation and includes a copy of the provision of the legislation; and
(b) if a judge's previous involvement or connection with the case would result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, a certificate in Form 25C setting out the issues.
27. Paragraph 53( a ) of the Rules is replaced by the following:
(a) serve the motion on all parties to the motion and a copy of the notice of motion on all other parties; and
28. (1) The portion of subrule 54(1) of the Rules before paragraph ( b ) is replaced by the following:
54. (1) Within 10 days after service of the motion, a respondent to the motion may respond to the motion by
(a) serving a response on all moving parties and other respondents to the motion; and
(2) Paragraph 54(2)( a ) of the Rules is replaced by the following:
(a) a memorandum of argument in accordance with paragraph 25(1)(f), with any modifications that the circumstances require; and
29. Rule 56 of the Rules is amended by striking out the word "and" at the end of paragraph ( a ), by adding the word "and" at the end of paragraph ( b ) and by adding the following after paragraph ( b ):
(c) a reference, within four weeks after the filing of the Governor in Council's factum.
30. Rule 58 of the Rules is replaced by the following:
58. At the end of the applicable time referred to in Rule 51, the Registrar shall submit to a judge all motions for intervention that have been made within the time required by Rule 56.
31. Subrule 59(2) of the Rules is replaced by the following:
(2) In an order granting an intervention or after the time for filing and serving all of the memoranda of argument on an application for leave to appeal or the facta on an appeal or reference has expired, a judge may, in their discretion, authorize the intervener to present oral argument at the hearing of the application for leave to appeal, if any, the appeal or the reference, and determine the time to be allotted for oral argument.
(3) An intervener is not permitted to raise new issues unless otherwise ordered by a judge.
32. Subrules 61(2) and (3) of the Rules are replaced by the following:
(2) Within one week after receipt of the order referred to in subrule (1), the party who made the motion shall serve on the attorneys general a copy of the order and notice of constitutional question in Form 61A, together with a copy of the reasons for judgment appealed from.
33. Rules 64 to 67 of the Rules are replaced by the following:
64. (1) If, after the filing of a notice of application for leave to appeal, an applicant has not served and filed all the documents required under Rule 25 within the time set out in paragraph 58(1)(a) of the Act or the time extended under subsection 59(1) of the Act,
(a) a respondent may make a motion to the Registrar for dismissal of the application for leave to appeal as abandoned; or
(b) the Registrar may send a notice of intention in Form 64 to the applicant and copies of it to all other parties.
(2) The Registrar may dismiss the application for leave to appeal as abandoned if the time for serving and filing the materials is not extended by a judge on motion.
(3) The motion for an extension of time referred to in subrule (2) must be served and filed within 20 days after the service of the respondent's motion for dismissal or the receipt of the Registrar's notice of intention, as the case may be.
Dismissal for Delay — Appeals
65. (1) If, after leave to appeal has been granted, an appellant fails to serve and file a notice of appeal within the time set out in paragraph 58(1)(b) of the Act or the time extended under subsection 59(1) of the Act, the Registrar may send a notice of intention in Form 65 to the appellant and copies of it to all other parties, and a judge may dismiss the appeal as abandoned if the time for serving and filing the notice of appeal is not extended by a judge on motion.
(2) If, after the notice of appeal has been filed, an appellant has not served and filed their record and factum within the time set out in Rule 35, a respondent may make a motion to a judge for the dismissal of the appeal as abandoned or the Registrar may send a notice of intention in Form 65 to the appellant and copies of it to all other parties, and a judge may dismiss the appeal as abandoned if the time for serving and filing the materials is not extended by a judge on motion.
(3) The motion for an extension of time referred to in subrules (1) and (2) must be served and filed within 20 days after the service of the respondent's motion for dismissal or the receipt of the Registrar's notice of intention, as the case may be.
Vexatious Proceedings
66. (1) If a judge is satisfied that a party is conducting a proceeding in a vexatious manner, the judge may, on motion or at the request of the Registrar under Rule 67, order that the proceeding be stayed, on the terms the judge considers appropriate.
(2) A judge may, on motion or at the request of the Registrar under Rule 67, order that no further documents be filed by any party relating to a proceeding if the judge is satisfied that the filing of further documents by a party would be vexatious or made for an improper purpose.
67. (1) The Registrar may, after sending a notice in Form 67 to any party referred to in subrule 66(1) or (2) and copies of it to all other parties, and, on the expiry of the time referred to in subrule (2) to this rule, request that a judge make an order under subrule 66(1) or (2), as the case may be.
(2) Within 10 days after receipt of the Registrar's notice, any party may serve on all other parties and file with the Registrar a response.
34. Subrule 69(2) of the Rules is replaced by the following:
(2) On confirmation of the date of hearing by the Court, and no later than the first day of a session referred to in section 32 of the Act, the Registrar shall issue a list of appeals to be heard in the order in which the cases have been set down for hearing and send a copy of a notice of hearing in Form 69 to all parties.
35. Rule 70 of the Rules is amended by adding the word "and" at the end of paragraph ( b ), by striking out the word "and" at the end of paragraph ( c ) and by repealing paragraph ( d ).
36. (1) Subrule 71(3) of the Rules is replaced by the following:
(3) A respondent or an intervener who fails to serve and file their factum within the time set out in Rule 36 or 37, or in an order of the Court, a judge or the Registrar, as the case may be, shall not present oral argument on the appeal unless a judge, on motion, otherwise orders.
(2) Subrule 71(5) of the Rules is amended by adding the word "and" at the end of paragraph ( b ), by striking out the word "and" at the end of paragraph ( c ) and by repealing paragraph ( d ).
37. (1) Subrule 73(5) of the English version of the Rules is replaced by the following:
(5) A respondent may respond to a motion for reconsideration within 10 days after its acceptance for filing by serving on all other parties and filing with the Registrar the original and five copies of a memorandum of argument not exceeding 10 pages.
(2) Rule 73 of the Rules is amended by adding the following after subrule (5):
(6) Within 10 days after the service of the response, the applicant may reply by serving on all parties and filing with the Registrar the original and five copies of a memorandum of argument not exceeding five pages.
38. Subrule 83(2) of the Rules is replaced by the following:
(2) The party awarded costs shall, within six months after the order setting out the final decision on costs, serve on all parties who are liable to pay, and file with the Registrar, a notice of taxation in Form 83A together with a bill of costs in Form 83B.
39. Rule 85 of the Rules is replaced by the following:
85. Except in the case of a proceeding commenced under a provision of the Criminal Code,
(a) if a proceeding is discontinued or dismissed as abandoned, a respondent is entitled to have their costs taxed by the Registrar without a further order, unless the Court or a judge otherwise orders; and
(b) if a motion for an extension of time that is submitted for decision in accordance with subrule 51(3) is denied, a respondent is entitled to have their costs taxed on the application for leave to appeal by the Registrar without a further order, unless the Court or a judge otherwise orders.
40. Subrule 86(1) of the Rules is replaced by the following:
86. (1) Money deposited as security under paragraph 60(1)(b) of the Act may be paid out of Court on motion to the Registrar or by sending a letter to the Registrar in which all the parties affected have consented.
41. The Rules are amended by adding the following after Rule 92:
Changes Affecting the Record
92.1 Counsel or their agents shall advise the Court in writing of any changes that affect the record in any motion, application for leave to appeal or appeal. When necessary, a party shall bring a motion to adduce new evidence to bring the change to the attention of the Court.
42. Form 22 of the Rules is replaced by the following:
| FORM 22 | Rule 22 |
|---|---|
| GENERAL HEADING | |
| File Number:_____ | |
| IN THE SUPREME COURT OF CANADA (ON APPEAL FROM (NAME OF COURT APPEALED FROM)) |
|
| BETWEEN: | |
| (Name — as it appears on the judgment from the court appealed from) | |
| Applicant (on application for leave) or Appellant (on appeal) (status of party in the court appealed from) |
|
| and | |
| (Name — as it appears on the judgment from the court appealed from) | |
| Respondent (status of party in the court appealed from) |
|
| (TITLE OF DOCUMENT) (NAME AND STATUS OF PARTY FILING DOCUMENT) (section of the Act or these Rules on which document is based) |
|
NOTE:
1) The style of cause shall name only those listed under subrule 22(2) or (3), as the case may be.
2) If two or more applicants or appellants each file their own notice of application for leave to appeal or notice of appeal, as the case may be, the style of cause in subsequent documents shall be set out as follows:
BETWEEN
(Style of cause setting out name of applicant or appellant and respondent)
AND BETWEEN
(Style of cause setting out name of other applicant or appellant and respondent)
43. Forms 25A and 25B of the Rules are replaced by the following:
NOTICE OF APPLICATION FOR LEAVE TO APPEAL
(General Heading — Use Form 22)
TAKE NOTICE that (name) hereby applies for leave to appeal to the Court, pursuant to (cite the section of the Act or these Rules under which the application for leave is made), from the judgment of the (name of the court appealed from and file number from that court) made (date), and for (insert the nature of order or relief sought) or any further or other order that the Court may deem appropriate;
AND FURTHER TAKE NOTICE that this application for leave is made on the following grounds: (set out concisely and number each ground on which the application is made).
Dated at (place and province or territory) this (date) day of (month), (year).
| SIGNED BY (signature of counsel or party or agent) | |
|---|---|
| _______________ | _______________ |
| Applicant (Counsel's (or party's, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any)) |
Agent (if any) (Agent's name, address and telephone number, and fax number and e-mail address (if any)) |
NOTICE TO THE RESPONDENT: A respondent may serve and file a memorandum in response to this application for leave to appeal within 30 days after service of the application. If no response is filed within that time, the Registrar will submit this application for leave to appeal to the Court for consideration pursuant to section 43 of the Supreme Court Act.
(A notice of application for leave to appeal must be accompanied by the certificate in Form 25B and, if applicable, by the certificate in Form 25C.)
CERTIFICATE (COUNSEL OR AGENT OF THE APPLICANT OR APPELLANT)
(General Heading — Use Form 22)
I (name), (counsel or agent) for (name of applicant or appellant), hereby certify that
(a) (state whether there is a sealing order or ban on the publication of evidence or the names or identity of a party or witness, give the details of the sealing order or ban, if any, and include a copy of any written order); and
(b) (state whether there is confidential information on the file that should not be accessible to the public by virtue of specific legislation and include a copy of the applicable provision of the legislation).
Dated at (place and province or territory) this (date) day of (month), (year).
(Counsel or agent) for the (applicant or appellant)
___________________________
(Signature)
(Include a copy of any written order.)
CERTIFICATE (COUNSEL OR AGENT OF THE APPLICANT OR APPELLANT)
(General Heading — Use Form 22)
I (name), (counsel or agent) for (name of applicant or appellant), hereby certify that (if a judge's previous involvement or connection with the case would result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, set out the issues).
Dated at (place and province or territory) this (date) day of (month), (year).
(Counsel or agent) for the (applicant or appellant)
___________________________
(Signature)
44. Form 29 of the French version of the Rules is replaced by the following:
AVIS DE DEMANDE D'AUTORISATION D'APPEL INCIDENT
(En-tête : utiliser le formulaire 22 et l'intitulé de la demande d'autorisation d'appel ou l'intitulé de l'appel, selon le cas)
SACHEZ que (nom) demande l'autorisation de se pourvoir en appel incident devant la Cour contre le jugement de (nom de la juridiction inférieure et numéro de dossier de cette juridiction) prononcé le _____________________20__, en vertu de (indiquer la disposition de la loi ou des présentes règles sur laquelle la demande d'autorisation d'appel incident est fondée), pour obtenir (indiquer la nature de l'ordonnance ou du redressement demandé) ou toute autre ordonnance que la Cour estime indiquée.
SACHEZ DE PLUS que la demande d'autorisation d'appel incident est fondée sur les moyens suivants : (indiquer de façon concise, par paragraphe numéroté, chacun des moyens sur lesquels la demande est fondée).
Fait à (localité et province ou territoire) le _____________________20__.
| SIGNATURE (procureur ou partie ou correspondant) | |
|---|---|
| _______________ | _____________ |
| Intimé (Nom, adresse et numéro de téléphone et, le cas échéant, numéro de télécopieur et adresse électronique du procureur (ou de la partie non représentée)) |
Corespondant (le cas échéant) (Nom, adresse et numéro de téléphone et, le cas échéant, numéro de télécopieur et adresse électronique du correspondant) |
ORIGINAL : REGISTRAIRE
COPIES : (Nom, adresse et numéro de téléphone
et, le cas échéant, numéro de télécopieur
et adresse électronique des parties ainsi que ceux des
autres parties et des intervenants devant la juridiction inférieure)
AVIS AU DEMANDEUR : Le demandeur peut signifier et déposer un mémoire en réponse à la demande d'autorisation d'appel incident dans les trente jours suivant la signification de celle-ci.
45. Form 33 of the Rules is replaced by the following:
NOTICE OF APPEAL
(General Heading — Use Form 22)
TAKE NOTICE that, pursuant to leave granted by the Court on (date), (name of appellant) hereby appeals to the Supreme Court of Canada from the judgment of the (name of the court appealed from) made on (date);
OR
TAKE NOTICE that (name) hereby appeals as of right to the Supreme Court of Canada from the judgment of the (name of the court appealed from) made on (date) pursuant to (set out the provision(s) of the statute that authorizes the appeal);
(In the case of an appeal under paragraph 691(1)(a), (2)(a), 692(3)(a) or 693(1)(a) of the Criminal Code, state the following:)
AND FURTHER TAKE NOTICE that the dissenting judgment of the court appealed from is, in whole or in part, based on the following questions of law: (as specified in the judgment issued pursuant to section 677 of the Criminal Code).
Dated at (place and province or territory) this (date) day of (month), (year).
| SIGNED BY (signature of counsel or party or agent) | |
|---|---|
| ________________ | ______________ |
| Appellant (Counsel's (or party's if unrepresented) name, address and telephone number, and fax number and e-mail address (if any)) |
Agent (Agent's name, address and telephone number, and fax number and e-mail address (if any)) |
(In the case of an appeal as of right, include a copy of the judgment and reasons for judgment appealed from and a copy of the certificate in Form 25B and, if applicable, the certificate in Form 25C.)
46. Form 39 of the Rules is replaced by the following:
CERTIFICATE OF COUNSEL (RESPONDENT)
(General Heading — Use Form 22)
I (name), (counsel or agent) for the respondent, hereby certify that the annexed record contains only so much of the pleadings, evidence, affidavits and other documents as is necessary to raise the question for the decision of the Court.
And I do further certify that I have closely examined the record and verily believe that it is a true and correct reproduction of the originals and that the same has been proofread.
Dated at (place and province or territory) this (date) day of (month), (year).
(Counsel or agent) for the respondent
___________________________
(Signature)
47. Forms 47, 52 and 61A of the Rules are replaced by the following:
NOTICE OF MOTION TO A JUDGE OR THE REGISTRAR
(General Heading — Use Form 22 and style of cause for application for leave or appeal,
as the case may be; may be abbreviated in accordance with subrule 22(3.1))
TAKE NOTICE that (name) hereby applies to (a judge or the Registrar of the Court, as the case may be) pursuant to (cite section of the Act or these Rules under which the motion is made), for an order for (insert nature of the order or relief sought) or any further or other order that the (judge or Registrar) may deem appropriate;
AND FURTHER TAKE NOTICE that the motion shall be made on the following grounds: (set out concisely and number each ground on which the motion is made).
Dated at (place and province or territory) this (date) day of (month), (year).
| SIGNED BY (signature of counsel or party or agent) | |
|---|---|
| _____________________ | ____________ |
| Applicant to the motion (Counsel's (or party's, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any)) |
Agent (Agent's name, address and telephone number, and fax number and e-mail address (if any)) |
NOTICE TO THE RESPONDENT TO THE MOTION: A respondent to the motion may serve and file a response to this motion within 10 days after service of the motion. If no response is filed within that time, the motion will be submitted for consideration to a judge or the Registrar, as the case may be.
If the motion is served and filed with the supporting documents of the application for leave to appeal, then the Respondent may serve and file the response to the motion together with the response to the application for leave.
(In the case of an originating motion, include a copy of the judgment and reasons for judgment appealed from and a copy of the certificate in Form 25B and, if applicable, the certificate in Form 25C.)
NOTICE OF MOTION TO THE COURT
(General Heading — Use Form 22 and style of cause for application for leave or appeal, as the case may be)
TAKE NOTICE that (name) hereby applies to the Court, pursuant to (cite section of the Act or these Rules under which the motion is made), for an order for (insert nature of the order or relief sought) or any further or other order that the Court may deem appropriate;
AND FURTHER TAKE NOTICE that the motion shall be made on the following grounds: (set out concisely and number each ground on which the motion is made).
Dated at (place and province or territory) this (date) day of (month), (year).
| SIGNED BY (signature of counsel or party or agent) | |
|---|---|
| ___________________ | ______________ |
| Applicant to the motion (Counsel's (or party's, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any)) |
Agent (Agent's name, address and telephone number, and fax number and e-mail address (if any)) |
NOTICE TO THE RESPONDENT TO THE MOTION: A respondent to the motion may serve and file a response to this motion within 10 days after service of the motion.
(In the case of an originating motion, include a copy of the judgment and reasons for judgment appealed from and a copy of the certificate in Form 25C.)
FORM 61A
Rule 61
NOTICE OF CONSTITUTIONAL QUESTION
(General Heading — Use Form 22)
TAKE NOTICE that, pursuant to the order of the Chief Justice (or other judge) made on (date), the constitutional question(s) in the appeal from the judgment of the (name of court appealed from) made on (date), are attached to this Form;
AND TAKE NOTICE that any notice of intervention in Form 61B in the appeal must be served on all other parties and filed with the Registrar of the Supreme Court of Canada within four weeks after the service of this notice.
Dated at (place and province or territory) this (date) day of (month), (year).
SIGNED BY (signature of counsel or party or agent)
| SIGNED BY (signature of counsel or party or agent) | |
|---|---|
| _____________ | ____________ |
| Applicant to the motion (Counsel's (or party's, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any)) |
Agent (Agent's name, address and telephone number, and fax number and e-mail address (if any)) |
(Attach a copy of the order of constitutional question(s) and reasons for the judgment appealed from.)
48. Forms 64, 65 and 67 of the Rules are replaced by the following:
NOTICE OF INTENTION TO DISMISS APPLICATION FOR LEAVE FOR DELAY
(General Heading — Use Form 22)
TAKE NOTICE that (name) has not served and filed all the documents required under Rule 25 of the Rules of the Supreme Court of Canada for this application for leave within the time set out in paragraph 58(1)(a) of the Supreme Court Act or the time extended under subsection 59(1) of that Act.
AND FURTHER TAKE NOTICE that a judge may dismiss the application for leave to appeal as abandoned if the time for serving and filing the materials is not extended by a judge on motion. The applicant must serve and file the motion for an extension of time within 20 days after the receipt of this notice.
Dated at (place and province or territory) this (date) day of (month), (year).
___________________________
Registrar
NOTICE OF INTENT TO DISMISS APPEAL FOR DELAY
(General Heading — Use Form 22)
TAKE NOTICE that (name) has not served and filed a notice of appeal within the time set out in paragraph 58(1)(b) of the Supreme Court Act or the time extended under subsection 59(1) of that Act;
AND FURTHER TAKE NOTICE that a judge may dismiss the appeal as abandoned if the time for serving and filing the notice of appeal is not extended by a judge on motion. The appellant must serve and file the motion for an extension of time within 20 days after service of this notice.
OR
TAKE NOTICE that (name) has not served and filed the appellant's record and factum within the time set out in Rule 35 of the Rules of the Supreme Court of Canada;
AND FURTHER TAKE NOTICE that a judge may dismiss the appeal as abandoned if the time for serving and filing the appellant's record and factum is not extended by a judge on motion. The appellant must serve and file the motion for an extension of time within 20 days after the receipt of this notice.
Dated at (place and province or territory) this (date) day of (month), (year).
___________________________
Registrar
NOTICE OF REQUEST — VEXATIOUS PROCEEDING
(General Heading — Use Form 22)
TAKE NOTICE that, pursuant to subrule 67(1) of the Rules of the Supreme Court of Canada, the Registrar may request a judge to make an order staying the proceedings, and, if the judge is satisfied that (name) is conducting a proceeding in a vexatious manner, the judge may order a stay of proceedings.
OR
TAKE NOTICE that, pursuant to subrule 67(1) of the Rules of the Supreme Court of Canada, the Registrar may request a judge to make an order that no further document be filed relating to a proceeding, and, if the judge is satisfied that the filing of further documents would be vexatious or made for an improper purpose, the judge may order that no further documents be filed.
Dated at (place and province or territory) this (date) day of (month), (year).
___________________________
Registrar
NOTICE TO THE PARTIES: The parties may serve and file a response to this notice within 10 days after receipt of this notice.
49. Form 83B of the Rules is replaced by the following:
BILL OF COSTS
(General Heading — Use Form 22)
| Item | Fees (see Schedule B, Part 1) |
Disbursements (see Schedule B, Part 2) |
|---|---|---|
| 1. (Insert each applicable item pursuant to the tariff set out in Schedule B) | $ | $ |
| SUBTOTAL | $ | $ |
| TOTAL | $ | $ |
(The following is to be completed by the Registrar.)
Taxed and allowed at the sum of $______
___________________________
Registrar
This _____________ day of _________________________, 20___.
(Attach receipts for disbursements over $50.)
50. Schedules A and B to the Rules are replaced by the Schedules A and B set out in the schedule to these Rules.
TRANSITIONAL PROVISION
51. The Rules that are in force on the day before the day on which these Rules come into force continue to apply in respect of all cases if the notice of appeal has been filed before the day on which these Rules come into force.
COMING INTO FORCE
52. These Rules come into force on October 13, 2006.
SCHEDULE
(Rule 50)
SCHEDULE A
(Rule 82)
TARIFF OF FEES TO BE PAID TO THE REGISTRAR OF THE SUPREME COURT OF CANADA
| Type | Value |
|---|---|
| 1. On the filing of | |
| (a) a notice of application for leave, notice of appeal if leave to appeal is not required or notice of reference | $ 75 |
| (The fee does not apply to a notice of application for leave to cross-appeal.) | |
| (b) a notice of motion | $ 75 |
| (c) a notice of taxation | $ 75 |
| 2. For making photocopies or printing copies from microfilm, per page, | |
| (a) by Court staff | $ 1 $ |
| (There is no additional fee for regular mailing, faxing or electronically transmitting the photocopies.) | |
| (b) by self-service | $ 0.50 |
| 3. For printing copies or transmitting electronic copies of existing electronic documents, per electronic document | $ 10 |
| 4. For certification of a copy of a document | $ 20 |
| 5. For Registrar's certificate attesting to the state of proceedings in any matter or certifying that there are no such proceedings | $ 20 |
| 6. For taking affidavits | $ 50 |
| 7. For each copy of reasons for judgment | $ 15 |
| 8. For the Bulletin of Proceedings, | |
| (a) an individual issue | $ 15 |
| (b) an annual subscription | $300 |
| Any person may be exempted from paying any of the above fees, in special cases, at the Registrar's discretion. |
SCHEDULE B
(Rule 83)
TARIFF OF FEES AND DISBURSEMENTS TO BE TAXED BETWEEN PARTIES IN THE SUPREME COURT OF CANADA
Part 1 - Counsel's fees
| Type | Value |
|---|---|
| 1. Application for leave to appeal: | |
| (a) preparation of an application for leave to appeal or application for leave to cross-appeal, or of a response to one of those applications, | |
(i) if dealt with in writing |
$ 800 |
or |
|
(ii) if oral hearing held |
$ 1,000 |
| (b) if no response is filed, for the review of an application for leave or application for leave to cross-appeal, at the Registrar's discretion, up to | $ 300 |
| (c) preparation of the first copy of an application for leave to appeal, an application for leave to cross-appeal, a response or a reply, per page | $ 1.35 |
| 2. Motion: | |
| (a) preparation of a motion or response to a motion, | |
(i) if dealt with in writing |
$ 300 |
or |
|
(ii) if oral hearing held |
$ 800 |
| (b) if no response is filed, for the review of a motion, at the Registrar's discretion, up to | $ 200 |
| (c) additional fee for preparation of the first copy of a motion book, a response, or a reply, per page | $ 1.35 |
| 3. Appeal: | |
| (a) notice of appeal | $ 50 |
| (b) preparation of factum | $ 650 |
| (c) preparation of the first copy of factum, record, book of authorities and condensed book, per page | $ 1.35 |
| (d) hearing of the appeal, preparation for and attendance at hearing, | |
(i) fee for the principal counsel |
$ 2,100 |
(ii) fee for the junior counsel |
$ 700 |
| (e) additional fee for appeals that are discontinued or dismissed as abandoned appeals | $ 500 |
| 4. Miscellaneous: | |
| (a) fee to the duly entered agent, | |
(i) on leave |
$ 200 |
(ii) on appeal |
$ 500 |
| (b) cross-examination of a deponent under Rule 90, at the Registrar's discretion, up to | $ 150 |
| All fees are subject to an increase or decrease in exceptional cases, at the Registrar's discretion. |
Part 2 — Disbursements
At the Registrar's discretion:
1. Fees paid to the Registrar under Schedule A.
2. A reasonable amount for reproducing documents required to be filed with the Court in accordance with a receipt from the printer or $0.25 per page without a receipt.
3. Reasonable amounts for other disbursements necessarily incurred in proceedings before the Court, including travel expenses accompanied by supporting documentation. Disbursements incurred for electronic legal research shall not be included. Kilometric rates must be calculated in accordance with Treasury Board directives.
4. The GST is applicable for disbursements under items 2 and 3.
SOR/2002-156
NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).