Rules Amending the Rules of the Supreme Court of Canada: SOR/2020-281

Canada Gazette, Part II, Volume 155, Number 1

Registration

SOR/2020-281 December 16, 2020

SUPREME COURT ACT

Pursuant to subsection 97(1) of the Supreme Court Act footnote a, the undersigned judges of the Supreme Court of Canada make the annexed Rules Amending the Rules of the Supreme Court of Canada.

Ottawa, December 10, 2020

Judges of the Supreme Court of Canada

Rules Amending the Rules of the Supreme Court of Canada

Amendments

1 Subrules 16(1) and (2) of the Rules of the Supreme Court of Canada footnote 1 are replaced by the following:

16 (1) A party to any proceeding may choose to conduct business with the Registrar through an agent.

2 (1) The portion of subrule 25(1) of the Rules before paragraph (c) is replaced by the following:

25 (1) An application for leave to appeal must be bound and consist of the following:

(2) Subparagraph 25(1)(c)(i) of the Rules is replaced by the following:

(3) Subparagraph 25(1)(c)(vi) of the Rules is replaced by the following:

(4) Paragraph 25(1)(d) of the Rules is replaced by the following:

(5) Subrules 25(2) to (4) of the Rules are replaced by the following:

(2) Parts I to V of the memorandum of argument must not exceed 20 pages.

3 (1) The portion of subrule 26(1) of the English version of the Rules before paragraph (a) is replaced by the following:

26 (1) An applicant must file with the Registrar

(2) Paragraphs 26(1)(a) and (b) of the Rules are replaced by the following:

(3) The portion of subrule 26(2) of the English version of the Rules before paragraph (a) is replaced by the following:

(2) In addition to the service required under paragraph 58(1)(a) of the Act, an applicant must

(4) Paragraphs 26(2)(a) and (b) of the Rules are replaced by the following:

4 (1) Paragraphs 27(1)(b) to (d) of the Rules are replaced by the following:

(2) The portion of subrule 27(2) of the Rules before paragraph (a) is replaced by the following:

(2) The response must be bound and consist of the following:

(3) Paragraph 27(2)(a) of the French version of the Rules is replaced by the following:

(4) Paragraph 27(2)(b) of the Rules is replaced by the following:

(5) Rule 27 of the Rules is amended by adding the following after subrule (2):

(3) Subrule (2) does not apply if the response is no longer than two pages.

5 (1) Paragraphs 28(1)(b) to (d) of the Rules are replaced by the following:

(2) Subrule 28(2) of the Rules is replaced by the following:

(2) The reply must be bound and consist of a memorandum of argument not exceeding five pages.

(3) Subrule (2) does not apply if the reply is no longer than two pages.

6 (1) Paragraphs 29(1)(b) to (d) of the Rules are replaced by the following:

(2) Paragraph 29(2)(a) of the Rules is replaced by the following:

7 (1) Paragraphs 30(1)(b) to (d) of the Rules are replaced by the following:

(2) Paragraph 30(2)(a) of the Rules is replaced by the following:

(3) Rule 30 of the Rules is amended by adding the following after subrule (2):

(3) Subrule (2) does not apply if the response to the application for leave to cross-appeal is no longer than two pages.

8 (1) Paragraphs 31(1)(b) to (d) of the Rules are replaced by the following:

(2) Subrule 31(2) of the Rules is replaced by the following:

(2) The reply must be bound and consist of a memorandum of argument not exceeding five pages.

(3) Subrule (2) does not apply if the reply is no longer than two pages.

9 (1) The portion of subrule 33(1) of the English version of the Rules before paragraph (a) is replaced by the following:

33 (1) A notice of appeal under paragraph 60(1)(a) of the Act must

(2) Paragraph 33(1)(b) of the Rules is replaced by the following:

10 Subrule 38.1(2) of the French version of the Rules is replaced by the following:

(2) L’appelant qui choisit de déposer le dossier présenté à la juridiction inférieure signifie aux autres parties une copie de la version électronique et en dépose une telle copie auprès du registraire.

11 Paragraph 47(1)(d) of the Rules is replaced by the following:

12 Paragraph 49(2)(b) of the Rules is replaced by the following:

13 Paragraph 52(1)(d) of the Rules is replaced by the following:

14 Paragraph 54(2)(b) of the Rules is replaced by the following:

15 (1) Subrule 73(2) of the Rules is replaced by the following:

(2) A motion for reconsideration must be served on all parties and the original and two copies of the printed version of the motion filed with the Registrar within 30 days after the judgment on the application for leave to appeal.

(2) The portion of subrule 73(3) of the Rules before paragraph (a) is replaced by the following:

(3) The motion for reconsideration must be bound and consist of the following, in the following order:

(3) Subrules 73(5) and (6) of the Rules are replaced by the following:

(5) A respondent may respond to a motion for reconsideration within 10 days after its acceptance for filing by serving on all other parties and filing with the Registrar the original and two copies of the printed version of a memorandum of argument not exceeding 10 pages.

(6) Within 10 days after the service of the response, the applicant may reply by serving on all parties and filing with the Registrar the original and two copies of the printed version of a memorandum of argument not exceeding five pages.

16 Rule 79 of the Rules is replaced by the following:

79 A judgment rendered by the Court must be dated, signed by a judge and sealed with the Court seal. A judgment is deemed to be signed if it bears a facsimile of the judge’s signature.

17 (1) The portion of subrule 81(1) of the Rules before paragraph (c) is replaced by the following:

81 (1) Within 30 days after a judgment is delivered or reasons for judgment are deposited, a party may make a motion to a judge requesting an amendment if the judgment or reasons for judgment

(2) Paragraph 81(1)(c) of the French version of the Rules is replaced by the following:

(3) Subrule 81(2) of the Rules is replaced by the following:

(2) The judge on a motion under subrule (1) may dismiss the motion, order that the judgment or reasons for judgment be amended or direct that a motion for a re-hearing be made to the Court in accordance with Rule 76.

18 The Rules are amended by adding the following after rule 81:

81.1 The Court or a judge may, on the Court’s or the judge’s own initiative and at any time, make any amendment to the judgment or reasons for judgment that the Court or judge considers necessary.

19 Form 24A of the Rules is replaced by the following:

FORM 24A

Rule 24

Certificate (Appellant)

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

I (name), (counsel or agent) for the appellant, certify that the appellant’s record contains all of the reasons for judgment and orders appealed from in full and only so much of the pleadings, evidence, affidavits and other documents as is necessary to raise the question for the decision of the Court.

And I do further certify that I have closely examined the record and verily believe that it is a true and correct reproduction of the originals and that the same has been proofread.

Dated at (place), (province or territory) this (date) day of (month), (year).

(Counsel or Agent) for the appellant


(Signature)

20 Form 25 of the Rules is replaced by the following:

FORM 25

Rule 25

Notice of Application for Leave To Appeal

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name of applicant) applies for leave to appeal to the Supreme Court of Canada, under (cite the legislative provision or provisions that authorize the application for leave to appeal), from the judgment of the (name of the court appealed from and file number from that court) made on (date) and for (insert the nature of order or relief sought);

AND FURTHER TAKE NOTICE that this application for leave to appeal is made on the following grounds: (set out concisely and number each ground on which the application is made).

Dated at (place), (province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)


Applicant
(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))


Agent (if any)
(Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party and all other parties and interveners in the court appealed from)

NOTICE TO THE RESPONDENT OR INTERVENER: A respondent or intervener may serve and file a memorandum in response to this application for leave to appeal within 30 days after the day on which a file is opened by the Court following the filing of this application for leave to appeal or, if a file has already been opened, within 30 days after the service of this application for leave to appeal. If no response is filed within that time, the Registrar will submit this application for leave to appeal to the Court for consideration under section 43 of the Supreme Court Act.

(A certificate in Form 23A and, if applicable, certificates in Forms 23B and 23C must be filed at the same time as this notice of application for leave to appeal. In addition, any reasons for judgment and orders from the courts below must be attached to the notice, as a schedule.)

21 Form 33A of the Rules is replaced by the following:

FORM 33A

Paragraph 33(1)(a)

Notice of Appeal

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that, pursuant to leave granted by the Supreme Court of Canada on (date), (name of appellant) appeals to the Court from the judgment of the (name of the court appealed from) made on (date);

OR

TAKE NOTICE that (name of appellant) appeals as of right to the Supreme Court of Canada under (cite the legislative provision or provisions that authorize the appeal) from the judgment of the (name of the court appealed from and file number from that court) made on (date);

(In the case of an appeal under paragraph 691(1)(a) or (2)(a) or (b), 692(3)(a) or 693(1)(a) of the Criminal Code, state the following:)

AND FURTHER TAKE NOTICE that this appeal raises the following question or questions of law:

AND/OR

AND FURTHER TAKE NOTICE that the dissenting judgment of the court appealed from is, in whole or in part, based on the following questions of law (as specified in the judgment issued under section 677 of the Criminal Code):

Dated at (place), (province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)


Appellant
(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))


Agent
(Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party and all other parties and interveners in the court appealed from)

(In the case of an appeal as of right, include a copy of the information or indictment, the judgment and the reasons for judgment, if any, of the court of first instance or the notation on the indictment or on an equivalent document, the judgment and the reasons for judgment of the court appealed from, a certificate in Form 23A and, if applicable, certificates in Forms 23B and 23C.)

Coming into Force

22 These Rules come into force on January 27, 2021.