Federal Courts Rules (SOR/98-106)

Marginal note:Joint book of authorities

• 348. (1) Subject to subsection (2), at least 30 days before the hearing date, the parties shall file

  • (a) where the appeal is brought in the Federal Court, three copies of a joint book of statutes, regulations and authorities; or

  • (b) where the appeal is brought in the Federal Court of Appeal, five copies of a joint book of statutes, regulations and authorities.

• Marginal note:Separate books

  (2) If the parties cannot agree on a joint book of statutes, regulations and authorities, they shall file separate books in lieu thereof, without reproducing documents included in the book of another party.

• Marginal note:Enactments in both official languages

  (3) Extracts of federal statutes and regulations in a book of statutes, regulations and authorities shall be reproduced in both official languages.

• Marginal note:Colour of cover

  (4) The cover of a book of statutes, regulations and authorities shall be

  • (a) where the book is filed jointly, burgundy; and

  • (b) where the book is filed separately, the same colour as the filing party's memorandum of fact and law.

Marginal note:Consent to reversal or variation of judgment

• 349. (1) A respondent may consent to the reversal or variation of an order appealed from by serving and filing a notice to that effect.

• Marginal note:Judgment on consent

  (2) The Court may pronounce judgment in accordance with a notice filed under subsection (1) if the resultant judgment is one that could have been given on consent.

Marginal note:Material in possession of a tribunal

350. Rules 317 to 319 apply to appeals and motions for leave to appeal, with such modifications as are necessary.

Marginal note:New evidence on appeal

351. In special circumstances, the Court may grant leave to a party to present evidence on a question of fact.

Marginal note:Leave to appeal

• 352. (1) Unless the Court orders otherwise, where leave to appeal is required, it shall be obtained on a motion brought in writing.

• Marginal note:Respondents and service

  (2) On a motion under subsection (1) the moving party shall name as respondents all persons referred to in rule 338 and personally serve all persons referred to in rule 339.

Marginal note:Motion record

• 353. (1) A person bringing a motion under rule 352 shall serve the motion record and, unless the Court orders otherwise, file three copies thereof.

• Marginal note:Content of motion record

  (2) A motion record referred to in subsection (1) shall contain, on consecutively numbered pages and in the following order,

  • (a) the order in respect of which leave to appeal is sought and any reasons, including dissenting reasons, given in respect of that order;

  • (b) the pleadings and any other material that is necessary for the hearing of the motion;

  • (c) an affidavit that sets out any facts relied on in the motion that do not appear on the Court file; and

  • (d) a memorandum of fact and law.