Rules of the Supreme Court of Canada (SOR/2002-156)
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Regulations are current to 2013-05-20 and last amended on 2011-04-11. Previous Versions
Service and Filing
26. (1) An applicant shall file with the Registrar the original and five copies of the application for leave to appeal.
(2) In addition to the service required under paragraph 58(1)(a) of the Act, an applicant shall
(a) send to any party in the court appealed from who is not named in the style of cause referred to in subrule 22(2) a copy of the notice of application for leave to appeal by ordinary mail or by fax to the latest known address or fax number, as the case may be; and
(b) file with the Registrar an affidavit attesting to the names of the parties referred to in paragraph (a) and the addresses or fax numbers to which the copies were sent.
- SOR/2006-203, s. 8.
Response
27. (1) Within 30 days after the service of the application for leave to appeal, a respondent or an intervener may respond to the application for leave to appeal by
(a) serving a response on all other parties; and
(b) filing with the Registrar the original and five copies of the response.
(2) The response shall be bound and consist of the following, in the following order:
(a) a notice of name in Form 14, if applicable;
(b) a certificate in Form 25B in accordance with paragraph 25(1)(c);
(c) a memorandum of argument in accordance with paragraph 25(1)(f), 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
(d) the documents that the respondent or intervener intends to rely on, in chronological order, in accordance with subrules 25(3) to (5).
- SOR/2006-203, s. 9;
- SOR/2011-74, s. 12.
Reply
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 reply on all other parties; and
(b) filing with the Registrar the original and five copies of the reply.
(2) The reply shall be bound, unless served and filed in the form of correspondence, and consist of a memorandum of argument not exceeding five pages.
- SOR/2011-74, s. 13.
PART 6
LEAVE TO CROSS-APPEAL
Application for Leave to Cross-Appeal
29. (1) Within 30 days after service of an application for leave to appeal in the case of an appeal for which leave is required or a notice of appeal in all other cases, 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 an application for leave to cross-appeal on all other parties who are named in the style of cause for the application for leave to cross-appeal for which subrule 22(2) applies;
(b) 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 by ordinary mail or by fax to the last known address or fax number; and
(c) filing with the Registrar the original and five copies of the application for leave to cross-appeal together with an affidavit attesting to the names of the parties and interveners referred to in paragraph (b) and addresses to which the copies were sent.
(2) The application for leave to cross-appeal
(a) shall be bound and be otherwise in accordance with Rule 25 and Form 29, 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(4), a factum in response that is bound and does not exceed 20 pages.
- SOR/2006-203, s. 10;
- SOR/2011-74, s. 14.
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