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

• 38. (1) An appellant’s record shall be bound and consist of the following parts:

  • (a) Part I, a Certificate of Counsel in Form 38;

  • (b) Part II, copies of all formal judgments as issued by the lower courts and the respective reasons for judgment, if any, beginning with the court of first instance or administrative tribunal, as the case may be, and ending with the court appealed from, and the complete charge to the jury, if any;

  • (c) Part III, pleadings, orders and entries, including any order or judgment granting leave to appeal, and any order stating a constitutional question referred to in subrule 60(1), in chronological order;

  • (d) Part IV, evidence, including transcripts and affidavits; and

  • (e) Part V, exhibits, in the order in which they were filed at trial.

• (2) Parts III to V of the record shall contain only the documents that are necessary to raise the question for the Court, and, if available, those documents shall be filed in both official languages.

• (3) All documents in a record, other than transcripts, shall be reproduced in full.

• 39. (1) A respondent’s record shall be bound and consist of the following parts:

  • (a) Part I, a Certificate of Counsel in Form 39;

  • (b) Part II, pleadings, orders and entries, in chronological order;

  • (c) Part III, evidence, including transcripts and affidavits; and

  • (d) Part IV, exhibits, in the order in which they were filed at trial.

• (2) Parts II to IV of 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 Court, and, if available, those documents shall be filed in both official languages.

• (3) All documents in a record, other than transcripts, shall be reproduced in full.

40. [Repealed, SOR/2011-74, s. 20]

41. A judge or the Registrar may, on motion, dispense with the printing of documents forming part of a record.

• 42. (1) [Repealed, SOR/2011-74, s. 21]

• (2) The factum shall be bound and consist of the following parts:

  • (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 arguments with respect to their intervention, 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;

  • (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.

• (3) [Repealed, SOR/2006-203, s. 17]

• (4) Parts I to V of the factum of any appellant or respondent shall not exceed 40 pages, unless a judge or the Registrar, on motion, otherwise orders.

• (5) Parts I to V of the factum of an attorney general referred to in subrule 61(4) shall not exceed 20 pages, unless a judge or the Registrar, on motion, otherwise orders.

• (6) Parts I to V of the factum of an intervener, other than an attorney general referred to in subrule 61(4), shall not exceed 10 pages, unless a judge or the Registrar, on motion, otherwise orders.

• (7) The appellant shall include a copy of any order stating a constitutional question referred to in subrule 61(1) as an appendix to their factum.