GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rules of the Supreme Court of Canada — 27
27 (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to in paragraph (2)(a), if any, and any response to any motion related to the application for leave to appeal; and (c) [Repealed, SOR/2020-281, s. 4] (d) sending to all other parties a copy of the electronic version of the memorandum of argument referred to in paragraph (2)(a), if any,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
Rules of the Supreme Court of Canada — 28
28 (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(2), if any, and any reply to the response to any motion related to the application for leave to appeal; and (c) [Repealed, SOR/2020-281, s. 5] (d) sending to all other parties a copy of the electronic version of the memorandum of argument referred to in subrule (2), if any, and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. SOR/2011-74, s. 13; SOR/2013-175, s. 19; SOR/2016-271, ss. 16, 52(F) SOR/2020-281, s. 5
Rules of the Supreme Court of Canada — 29
29 (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
Rules of the Supreme Court of Canada — 30
30 (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. SOR/2011-74, s. 15; SOR/2013-175, s. 21; SOR/2016-271, ss. 18, 52(F) SOR/2020-281, s. 7
Rules of the Supreme Court of Canada — 31
31 (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. SOR/2011-74, s. 16; SOR/2013-175, s. 22; SOR/2016-271, s. 19 SOR/2020-281, s. 8
Rules of the Supreme Court of Canada — 32
32 (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
Rules of the Supreme Court of Canada — 33
33 (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. SOR/2006-203, s. 11; SOR/2011-74, s. 17; SOR/2013-175, s. 23; SOR/2016-271, s. 21 SOR/2019-1, s. 6 SOR/2020-281, s. 9
Rules of the Supreme Court of Canada — 34
34 (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
Rules of the Supreme Court of Canada — 35
35 (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
Rules of the Supreme Court of Canada — 36
36 (1) Within eight weeks after the service of the appellant’s record, the respondent shall (a) serve on all other parties one copy of the electronic version of the respondent’s record (except for Part IV); and (b) file with the Registrar one copy of the electronic version and two copies of the printed version of the respondent’s record. (2) Within eight weeks after the service of the appellant’s factum, the respondent shall (a) serve on all other parties one copy of the electronic version of the respondent’s factum and, if any, a book of authorities; (b) file with the Registrar (i) one copy of the electronic version of the respondent’s factum and, if any, a book of authorities, (ii) the original and 23 copies of the printed version of the respondent’s factum, and (iii) two copies of the printed version of the respondent’s book of authorities, if any; and (c) file with the Registrar a redacted copy of the electronic version of the respondent’s factum, if the factum contains any of the documents and information identified in the certificate filed in accordance with subrule 23(3). (d) [Repealed, SOR/2016-271, s. 23] SOR/2006-203, s. 14; SOR/2011-74, s. 19; SOR/2016-271, s. 23
Rules of the Supreme Court of Canada — 37
37 (1) Within the time limit set out in subrule (2), the intervener must (a) serve on all other parties one copy of the electronic version of the intervener’s factum and, if any, a book of authorities; (b) file with the Registrar (i) one copy of the electronic version of the intervener’s factum and, if any, a book of authorities, (ii) the original and 23 copies of the printed version of the intervener’s factum, and (iii) two copies of the printed version of the intervener’s book of authorities, if any; and (c) file with the Registrar a redacted copy of the electronic version of the intervener’s factum, if the factum contains any of the documents and information identified in the certificate filed in accordance with subrule 23(3). (2) The documents must be served and filed (a) in the case of an intervener referred to in subparagraph 22(3)(c)(ii), within six weeks after the making of the order granting an intervention, unless otherwise specified in that order; (b) in the case of an intervener referred to in subparagraph 22(3)(c)(i) or (iv), within six weeks after the service of the appellant’s factum; or (c) in the case of an intervener referred to in subparagraph 22(3)(c)(iii), within 16 weeks after the filing of a notice of intervention under subrule 33(4). SOR/2006-203, s. 15; SOR/2011-74, s. 19; SOR/2016-271, s. 24 SOR/2024-73, s. 5
Rules of the Supreme Court of Canada — 38
38 (1) An appellant’s record shall be bound and consist of the following parts: (a) Part I, copies of the following documents: (i) in chronological order, all formal judgments issued by the lower courts in respect of the case in question and the respective reasons for judgment, if any, (ii) any order from the Court or judgment granting leave to appeal, (iii) any notice of constitutional question referred to in subrule 33(2), and (iv) in the case of a criminal matter, any information or indictment and the complete charge to the jury, if this is necessary to raise the question for the decision of the Court; (b) Part II, any pleadings, orders and entries, in chronological order; (c) Part III, evidence, including excerpts of transcripts unless the transcripts are reproduced in full in accordance with subrule (2), and affidavits; and (d) Part IV, exhibits, in the order in which they were filed at trial. (2) Instead of excerpts of transcripts reproduced in Part III, the record may contain transcripts reproduced in full in a separate document clearly marked as Part V. (3) Parts II to V of the record shall contain only the documents that are necessary to raise the question for the decision of the Court and, if available, those documents shall be filed in both official languages. (4) All documents in a record shall be reproduced in full, other than the excerpts of transcripts that are reproduced in Part III. SOR/2011-74, s. 19; SOR/2013-175, s. 26; SOR/2016-271, s. 25
Rules of the Supreme Court of Canada — 38.1
38.1 (1) Despite these Rules, instead of including Parts II, III and IV in the appellant’s record, the appellant may file the record filed with the court appealed from if that record consists of 10 or more volumes. (2) An appellant who chooses to file the record filed with the court appealed from shall serve on all other parties one copy of the electronic version and shall file the same with the Registrar. (3) The appellant shall only file the printed version of the record on demand of the Court. (4) Despite these Rules, if the appellant chooses to file the record filed with the court appealed from, the respondent is not required to serve or file a respondent’s record. SOR/2016-271, s. 25 SOR/2020-281, s. 10(F)
Rules of the Supreme Court of Canada — 39
39 (1) A respondent’s record shall be bound and consist of the following parts: (a) Part I, any pleadings, orders and entries, in chronological order; (b) Part II, evidence, including excerpts of transcripts unless the transcripts are reproduced in full in accordance with subrule (2), and affidavits; and (c) Part III, exhibits, in the order in which they were filed at trial. (d) [Repealed, SOR/2013-175, s. 27] (2) Instead of excerpts of transcripts reproduced in Part II, the record may contain transcripts reproduced in full in a separate document clearly marked as Part IV. (3) The record shall contain only the documents that are not already included in the appellant’s record and are necessary to raise the question for the decision of the Court and, if available, those documents shall be filed in both official languages. (4) All documents in a record shall be reproduced in full, other than excerpts of transcripts that are reproduced in Part II. SOR/2011-74, s. 19; SOR/2013-175, s. 27; SOR/2016-271, s. 26
Rules of the Supreme Court of Canada — 41
41 A judge or the Registrar may, on motion, dispense with the printing of documents forming part of a record.
Rules of the Supreme Court of Canada — 43
43 (1) Where the Court has granted leave to cross-appeal, (a) the respondent’s factum shall consist of two main sections, and each shall be divided into seven parts as described in subrule 42(2), the first section entitled “FACTUM OF RESPONDENT ON APPEAL” and the second section, “FACTUM OF APPELLANT ON CROSS-APPEAL”, both in upper-case letters; and (b) the appellant’s factum on cross-appeal shall be divided into seven parts as described in subrule 42(2) and entitled “FACTUM OF THE RESPONDENT ON CROSS-APPEAL” in upper-case letters. (2) Parts I to V of any factum in a cross-appeal shall not exceed 20 pages unless a judge or the Registrar, on motion, otherwise orders. (3) [Repealed, SOR/2006-203, s. 18] SOR/2006-203, s. 18
Rules of the Supreme Court of Canada — 44
44 (1) All authorities, if they are not available electronically, shall be filed in a book of authorities, and (a) the relevant provisions of legislative enactments relied on shall be in both official languages if they are required by law to be published in both official languages; and (b) the reasons for judgment shall be in full for any case law relied on. (2) The book of authorities shall be bound with each authority marked with a tab, and shall contain the authorities that, (a) in the case of a respondent’s book, are not contained in the appellant’s book; and (b) in the case of an intervener’s book, are not contained in either the appellant’s or the respondent’s book. SOR/2006-203, s. 19; SOR/2011-74, s. 22; SOR/2016-271, s. 28
Rules of the Supreme Court of Canada — 45
45 (1) A party at the hearing of the appeal must provide all other parties with a copy of a bound single condensed book containing the excerpts from the record and book of authorities that that party will refer to in oral argument and must file 14 copies with the Registrar. (1.1) The condensed book must contain an outline of the oral argument of no longer than two pages that relates to the contents of the condensed book and does not constitute a supplementary factum. (2) [Repealed, SOR/2011-74, s. 23] SOR/2006-203, s. 20; SOR/2011-74, s. 23 SOR/2024-73, s. 7
Rules of the Supreme Court of Canada — 46
tion 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) A redacted electronic version of any factum in a reference shall be filed, if the factum contains any of the documents and information identified in the certificate filed in accordance with subrule 23(3). SOR/2006-203, s. 21; SOR/2011-74, s. 24; SOR/2016-271, s. 29
Rules of the Supreme Court of Canada — 47
47 (1) Unless otherwise provided in these Rules, all motions shall be made before a judge or the Registrar and consist of the following documents, in the following order: (a) a notice of motion in accordance with Form 47; (b) any affidavit necessary to substantiate any fact that is not a matter of record in the Court; (c) if considered necessary by the applicant, a memorandum of argument in accordance with paragraph 25(1)(c), with any modifications that the circumstances require; and (d) if, in support of the motion, the applicant 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. (e) [Repealed, SOR/2024-73, s. 8] (1.1) [Repealed, SOR/2013-175, s. 30] (2) Parts I to V of the memorandum of argument shall not exceed 10 pages. (3) There shall be no oral argument on the motion unless a judge or the Registrar otherwise orders or directs. SOR/2006-203, s. 22; SOR/2011-74, s. 25; SOR/2013-175, s. 30; SOR/2016-271, s. 30 SOR/2020-281, s. 11 SOR/2024-73, s. 8