Service and Filing
53. An applicant shall
(a) serve the motion on all parties to the motion and a copy of the notice of motion on all other parties; and
(b) file with the Registrar the original and 14 copies of the motion.
- SOR/2006-203, s. 27.
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
(b) filing with the Registrar the original and 14 copies of the response.
(2) The response shall be bound and consist of the following, in the following order:
(a) a memorandum of argument in accordance with paragraph 25(1)(f), with any modifications that the circumstances require; and
(b) the documents that the respondent intends to rely on, in chronological order, in accordance with subrule 25(3).
(3) Parts I to V of the memorandum of argument shall not exceed 20 pages.
(4) After the response to the motion is filed or at the end of the 10-day period referred to in subrule (1), the Registrar shall send a notice of hearing of the motion in Form 69, with any modifications that the circumstances require, to all parties.
- SOR/2006-203, s. 28;
- SOR/2011-74, s. 27.
Motion for Intervention
55. Any person interested in an application for leave to appeal, an appeal or a reference may make a motion for intervention to a judge.
56. A motion for intervention shall be made in the case of
(a) an application for leave to appeal, within 30 days after the filing of the application for leave to appeal;
(b) an appeal, within four weeks after the filing of the factum of the appellant; and
(c) a reference, within four weeks after the filing of the Governor in Council’s factum.
- SOR/2006-203, s. 29.
57. (1) The affidavit in support of a motion for intervention shall identify the person interested in the proceeding and describe that person’s interest in the proceeding, including any prejudice that the person interested in the proceeding would suffer if the intervention were denied.
(2) A motion for intervention shall
(a) identify the position the person interested in the proceeding intends to take in the proceeding; and
(b) set out the submissions to be advanced by the person interested in the proceeding, their relevance to the proceeding and the reasons for believing that the submissions will be useful to the Court and different from those of the other parties.
- Date modified: