23. [Repealed, SOR/2011-74, s. 10]
24. [Repealed, SOR/2011-74, s. 10]
LEAVE TO APPEAL
Application for Leave to Appeal
25. (1) An application for leave to appeal shall be bound and consist of the following, in the following order:
(a) a notice of application for leave to appeal in Form 25A;
(b) a notice of name in Form 14, if applicable;
(c) a certificate in Form 25B that states
(i) whether there is a sealing or confidentiality order in effect in the file from a lower court or the Court and whether any document filed includes information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,
(ii) whether there is, pursuant to an order or legislation, a ban on the publication of evidence or the names or identity of a party or witness and whether any document filed includes information that is subject to that ban, and
(iii) whether there is, pursuant to legislation, information that is subject to limitations on public access and whether any document filed includes information that is subject to those limitations;
(c.1) a copy of any order referred to in subparagraphs (c)(i) and (ii) or of the provision of the applicable legislation mentioned in subparagraphs (c)(i) to (iii);
(d) if a judge’s previous involvement or connection with the case may 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 overview of the party’s position with respect to issues of public importance that are raised in the application for leave to appeal and 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, including any affidavit in support of the application for leave to appeal, 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 that is bound, contains a copy of those authorities and is prepared in accordance with Rule 44, with any modifications that the circumstances require.
- SOR/2006-203, s. 7;
- SOR/2011-74, s. 11.
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