Factum on Cross-Appeal
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(3) [Repealed, SOR/2006-203, s. 18]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.
Book of Authorities
44. (1) [Repealed, SOR/2011-74, s. 22]
(2) The book of authorities shall be bound and contain
(a) a copy of all of the following authorities that the party intends to rely on, each of which shall be marked with a tab:
(i) in the case of a respondent’s book, only the authorities not contained in the appellant’s book of authorities, and
(ii) in the case of an intervener’s book, only the authorities not contained in either the appellant’s or the respondent’s book of authorities; and
(b) a photocopy or a printout from an electronic database of the 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.
(3) In the case of reasons for judgment of the Court, the book of authorities shall contain only the relevant excerpts from the Canada Supreme Court Reports or from an electronic database if the reasons were delivered after 1994 and the paragraph numbering in the reasons is consistent with the numbering in the Canada Supreme Court Reports.
(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.
(5) to (7) [Repealed, SOR/2011-74, s. 22]
- SOR/2006-203, s. 19;
- SOR/2011-74, s. 22.
45. (1) A party at the hearing of the appeal shall 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 shall file 14 copies with the Registrar.
(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.
(2) [Repealed, SOR/2011-74, s. 23]
- SOR/2006-203, s. 20;
- SOR/2011-74, s. 23.
- Date modified: