Rules of the Supreme Court of Canada

29 (1) Within the deadline for filing a response under subrule 27(1) in the case of an appeal for which leave is required or, in all other cases, within 30 days of service of a notice of appeal, 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 a copy of the application for leave to cross-appeal on all parties who are named in the style of cause referred to in subrule 22(2) for the application for leave to cross-appeal;

• (a.1) filing with the Registrar the original and two copies of the printed version of the application for leave to cross-appeal and a copy of the electronic version of the notice of application for leave to cross-appeal, the memorandum of argument and any motion related to the application for leave to cross-appeal;

• (b) sending to the parties referred to in paragraph (a) a copy of the electronic version of the notice of application for leave to cross-appeal referred to in paragraph (2)(a), a memorandum of argument in accordance with paragraph 25(1)(c) and any motion related to the application for leave to cross-appeal by email, and filing with the Registrar a read or delivery receipt; and

• (c) 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, and filing with the Registrar confirmation that the notice was sent.

• (d) [Repealed, SOR/2020-281, s. 6]

(2) The application for leave to cross-appeal

• (a) must be bound and consist of a notice of application for leave to cross-appeal in Form 29, and must be otherwise in accordance with Rule 25, 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(3), a factum in response that is bound and does not exceed 20 pages.