Act and Rules
Supreme Court of Canada Forms
Forms of the Rules of the Supreme Court of Canada
Rule 14
Form 14
notice of Bilingual
Name
(General Heading - Use Form 22)
Take notice that (name) is registered in accordance with (name federal or provincial Act) as follows:
(Set out the name of the party in both official languages)
Dated at (place and province or territory) this (date) day of (month), (year).
Signed by (signature of counsel or party filing notice or agent)
________________________ |
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_________________________ |
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Original to: |
The registrar |
Copies to: |
(Name, address and telephone number, and fax number and e-mail address (if any), of every party) |
Rule 16
Form 16
Notice of Agent Representing two opposing Parties
(General Heading - Use Form 22)
Take notice that I (name), agent for (name parties), have advised these parties that I am representing two opposing parties before this Court and that these parties consent.
Dated at (place and province or territory) this (date) day of (month), (year).
Agent
______________________________
(Signed)
Original to: |
The registrar |
Copies to: |
(Name, address and telephone number, and fax number and e-mail address (if any), of every party) |
Rule 20
Form 20
Affidavit of Service
(General Heading - Use Form 22)
I, (name of deponent), (profession of deponent), of (place, province or territory), Make oath and say as follows:
That on the (date) day of (month), (year), I did personally serve (name of person served), of (address of person served), with the annexed (identify document served) by delivering to the said person a true copy thereof.
Sworn (or Affirmed) before me at
the (City, Town, etc.) of (name)
in the (Province or Territory)
of (name), this ______ day of ______________, 20__ .
__________________________ |
______________________ |
Rule 22
Form 22
General Heading
File Number:_____
In the Supreme Court of Canada
(On Appeal from (Name of Court Appealed from))
between:
(Name - as it appears on the judgment from the court appealed from)
Applicant (on application for leave) or
Appellant (on appeal)
(status of party in court appealed from)
and
(Name - as it appears on the judgment from the court appealed from)
Respondent
(status of party in court appealed from)
(Title of document)
(Name and status of party filing document)
(section of the Act or these Rules on which document is based)
NOTE: |
1) The style of cause shall name only those listed under subrule
22(2) or (3), as the case may be. |
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2) If two or more applicants or appellants each file their own notice of application for leave to appeal or notice of appeal, as the case may be, the style of cause in subsequent documents shall be set out as follows: |
between
(Style of cause setting out name of applicant or appellant and respondent)
and between
(Style of cause setting out name of other applicant or appellant and respondent)
SOR/2006-203, s. 42.
Rule 23
Form 23
Cover
(General Heading - Use Form 22)
(Insert, for each of the parties named in the style of cause, the following:)
____________________________ |
_____________________________ |
Rule 25
Form 25A
Notice of Application for Leave to Appeal
(General Heading - Use Form 22)
Take notice that (name) hereby applies for leave to appeal to the Court, pursuant to (cite the section of the Act or these Rules under which the application for leave is made), from the judgment of the (name of the court appealed from and file number from that court) made (date), and for (insert the nature of order or relief sought) or any further or other order that the Court may deem appropriate;
and further take notice that this application for leave is made on the following grounds: (set out concisely and number each ground on which the application is made).
Dated at (place and province or territory) this (date) day of (month), (year).
Signed by (signature of counsel or party or agent)
____________________________ |
__________________________ |
Original to: |
The registrar |
| Copies to: |
(Name, address and telephone number, and fax number and e-mail address (if any), of every party and all other parties and interveners in the court appealed from) |
NOTICE TO THE RESPONDENT: A respondent may serve and file a memorandum in response to this application for leave to appeal within 30 days after service of the application. If no response is filed within that time, the Registrar will submit this application for leave to appeal to the Court for consideration pursuant to section 43 of the Supreme Court Act.
(A notice of application for leave to appeal must be accompanied by the certificate in Form 25B and, if applicable, by the certificate in Form 25C.)
SOR/2006-203, s. 43.
Rule 25
Form 25B
Certificate (Counsel or agent of the Applicant
or Appellant)
(General Heading - Use Form 22)
I (name), (counsel or agent) for the (name of applicant or appellant), hereby certify that
(a) (state whether there is a sealing order or ban on the publication of evidence or the names or identity of a party or witness, give the details of the sealing order or ban, if any, and include a copy of any written order); and
(b) (state whether there is confidential information on the file that should not be accessible to the public by virtue of specific legislation and include a copy of the applicable provision of the legislation).
Dated at (place and province or territory) this (date) day of (month), (year).
(Counsel or agent) for the (applicant or appellant)
__________________________
(Signature)
Original to: |
The registrar |
Copies to: |
(Name, address and telephone number, and fax number and e-mail address (if any), of every party) |
SOR/2006-203, s. 43.
Rule 25
Form 25C
Certificate (Counsel or Agent of the Applicant
or Appellant)
(General Heading - Use Form 22)
I (name), (counsel or agent) for (name of applicant or appellant), hereby certify that (if a judge's previous involvement or connection with the case would result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, set out the issues).
Dated at (place and province or territory) this (date) day of (month), (year).
(Counsel or agent) for the (applicant or appellant)
__________________________
(Signature)
Original to: |
The registrar |
COPIES TO: |
(Name, address and telephone number, and fax number and e-mail address (if any), of every party) |
SOR/2006-203, s. 43.
Rule 29
Form 29
Notice of application for leave to cross-appeal
(General Heading - Use Form 22 and style of cause for application for
leave or appeal, as the case may be)
Take notice that (name) hereby applies for leave to cross-appeal to this Court, pursuant to (cite the section of the Act or these Rules under which the application for leave to cross-appeal is made), from the judgment of the (name of the court appealed from and file number from that court) made (date) and for (insert the nature of order or relief sought) or such further or other order that the said Court may deem appropriate;
and further take notice that this application for leave to cross-appeal is made on the following grounds: (set out concisely and number each ground on which the application is made).
Dated at (place and province or territory) this (date) day of (month), (year).
Signed by (signature of counsel or party or agent)
_______________________ |
|
________________________ |
Original to: |
The registrar |
COPIES TO: |
(Name, address and telephone number, and fax number and e-mail address (if any), of every party and all other parties and interveners in the court appealed from) |
Notice to the Applicant: An applicant may serve and file a memorandum in response to this application for leave to cross-appeal within 30 days after service of the application for leave to cross-appeal.
Rule 33
Form 33
Notice of Appeal
(General Heading - Use Form 22)
Take notice that, pursuant to leave granted by the Court on (date), (name of appellant) hereby appeals to the Supreme Court of Canada from the judgment of the (name of the court appealed from) made on (date);
OR
Take notice that (name) hereby appeals as of right to the Supreme Court of Canada from the judgment of the (name of the court appealed from) made on (date) pursuant to (set out the provision(s) of the statute that authorizes the appeal);
(In the case of an appeal under paragraph 691(1)(a), (2)(a), 692(3)(a) or 693(1)(a) of the Criminal Code, state the following:)
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 pursuant to section 677 of the Criminal Code).
Dated at (place and province or territory) this (date) day of (month), (year).
Signed by (signature of counsel or party or agent)
__________________________ |
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___________________________ |
Original to: |
The registrar |
|
COPIES TO: |
(Name, address and telephone number, and fax number and e-mail 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 judgment and reasons for judgment appealed from and a copy of the certificate in Form 25B and, if applicable, the certificate in Form 25C.)
SOR/2006-203, s. 45.
Rule 38
Form 38
Certificate of Counsel
(Appellant)
(General Heading - Use Form 22)
I (name), (counsel or agent) for the appellant, hereby certify that the annexed record contains the judgment appealed from 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 that all recorded reasons for judgments and orders are included in the said record.
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 and province or territory) this (date) day of (month), (year).
(Counsel or agent) for the appellant
______________________________
(Signed)
Rule 39
Form 39
Certificate of Counsel
(Respondent)
(General Heading - Use Form 22)
I (name), (counsel or agent) for the respondent, hereby certify that the annexed record contains 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 and province or territory) this (date) day of (month), (year).
(Counsel or agent) for the respondent
______________________________
(Signature)
SOR/2006-203, s. 46.
Rule 46
Form 46
Notice of Reference
(General Heading - Use Form 22)
Take notice that the said reference is filed pursuant to (cite the section of the act or these Rules under which the reference is made).
Dated at (place and province or territory) this (date) day of (month), (year).
Signed by (signature of counsel or agent)
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__________________________ |
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____________________________ |
(Attach Order in Council.)
Rule 47
Form 47
Notice of motion to a judge or the registrar
(General Heading — Use Form 22 and style of cause for application
for leave or appeal, as the case may be; may be abbreviated in accordance
with subrule 22(3.1))
Take notice that (name) hereby applies to (a judge or the Registrar of the Court, as the case may be) pursuant to (cite section of the Act or these Rules under which the motion is made), for an order for (insert nature of the order or relief sought) or any further or other order that the (judge or Registrar) may deem appropriate;
and further take notice that the motion shall be made on the following grounds: (set out concisely and number each ground on which the motion is made).
Dated at (place and province or territory) this (date) day of (month), (year).
Signed by (signature of counsel or party or agent)
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___________________________ |
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_________________________ |
Original to: |
The registrar |
|
COPIES TO: |
(Name, address and telephone number, and fax number and e-mail address (if any), of all other parties) |
Notice to the Respondent to the Motion: A respondent to the motion may serve and file a response to this motion within 10 days after service of the motion. If no response is filed within that time, the motion will be submitted for consideration to a judge or the Registrar, as the case may be.
If the motion is served and filed with the supporting documents of the application for leave to appeal, then the respondent may serve and file the response to the motion together with the response to the application for leave.
(In the case of an originating motion, include a copy of the judgment and reasons for judgment appealed from and a copy of the certificate in Form 25B and, if applicable, the certificate in Form 25C.)
SOR/2006-203, s. 47.
Rule 52
Form 52
Notice of Motion to the Court
(General Heading - Use Form 22 and style of cause for application for leave or appeal, as the case may be)
Take notice that (name) hereby applies to the Court, pursuant to (cite section of the Act or these Rules under which the motion is made), for an order for (insert nature of the order or relief sought) or any further or other order that the Court may deem appropriate;
and further take notice that the motion shall be made on the following grounds: (set out concisely and number each ground on which the motion is made).
Dated at (place and province or territory) this (date) day of (month), (year).
Signed by (signature of counsel or party or agent)
___________________________ |
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___________________________ |
Original to: |
The registrar |
|
COPIES TO: |
(Name, address and telephone number, and fax number and e-mail address (if any), of all other parties) |
Notice to the Respondent to the Motion: A respondent to the motion may serve and file a response to this motion within 10 days after service of the motion.
(In the case of an originating motion, include a copy of the judgment and reasons for judgment appealed from and a copy of the certificate in Form 25C.)
SOR/2006-203, s. 47.
Rule 61
Form 61A
Notice of Constitutional
Question
(General Heading - Use Form 22)
Take notice that, pursuant to the order of the Chief Justice (or other judge) made on (date), the constitutional question(s) in the appeal from the judgment of the (name of court appealed from) made on (date), are attached to this Form;
AND TAKE NOTICE that any notice of intervention in Form 61B in the appeal must be served on all other parties and filed with the Registrar of the Supreme Court of Canada within four weeks after the service of this notice.
Dated at (place and province or territory) this (date) day of (month), (year).
Signed by (signature of counsel or party or agent)
___________________________ |
|
___________________________ |
Original to: |
The registrar |
COPIES TO: |
(Name, address and telephone number, and fax number and e-mail address (if any), of attorneys general) |
(Attach a copy of the order of constitutional question(s) and reasons for the judgment appealed from)
SOR/2006-203, s. 47.
Rule 61
Form 61B
Notice of intervention respecting constitutional
question
(General Heading - Use Form 22)
By order of the Chief Justice (or other judge), made on (date) , giving notice of the constitutional question(s) raised herein, (the Attorney General of _______________or Minister of Justice of the government of the _______________) intends to intervene, file a factum and (not) participate in oral argument.
Dated at (place and province or territory) this (date) day of (month), (year).
Signed by (signature of counsel for attorney general or agent)
_________________________ |
|
____________________________ |
Original to: |
The registrar |
COPIES TO: |
(Name, address and telephone number, and fax number and e-mail address (if any) of all other parties) |
Rule 64
Form 64
Notice of intention to dismiss application for
leave for delay
(General Heading - Use Form 22)
Take notice that (name) has not served and filed all the documents required under Rule 25 of the Rules of the Supreme Court of Canada for this application for leave within the time set out in paragraph 58(1)(a) of the Supreme Court Act or the time extended under subsection 59(1) of that Act.
and further take notice that a judge may dismiss the application for leave to appeal as abandoned if the time for serving and filing the materials is not extended by a judge on motion. The applicant must serve and file the motion for an extension of time within 20 days after the receipt of this notice.
Dated at (place and province or territory) this (date) day of (month), (year).
________________________
Registrar
Original to: |
THE APPLICANT |
COPIES TO: |
(Name, address and telephone number, and fax number and e-mail address (if any) of all other parties) |
SOR/2006-203, s. 48.
Rule 65
Form 65
Notice of intent to dismiss appeal for delay
(General Heading - Use Form 22)
Take notice that (name) has not served and filed a notice of appeal within the time set out in paragraph 58(1)(b) of the Supreme Court Act or the time extended under subsection 59(1) of that Act;
and further take notice that a judge may dismiss the appeal as abandoned if the time for serving and filing the notice of appeal is not extended by a judge on motion. The appellant must serve and file the motion for an extension of time within 20 days after service of this notice.
or
Take notice that (name) has not served and filed the appellant's record and factum within the time set out in Rule 35 of the Rules of the Supreme Court of Canada;
and further take notice that a judge may dismiss the appeal as abandoned if the time for serving and filing the appellant's record and factum is not extended by a judge on motion. The appellant must serve and file the motion for an extension of time within 20 days after the receipt of this notice.
Dated at (place and province or territory) this (date) day of (month), (year).
________________________
Registrar
Original to: |
THE APPELLANT |
COPIES TO: |
(Name, address and telephone number, and fax number and e-mail address (if any) of all other parties) |
SOR/2006-203, s. 48.
Rule 67
Form 67
Notice of request — vexatious
proceeding
(General Heading - Use Form 22)
Take notice that, pursuant to subrule 67(1) of the Rules of the Supreme Court of Canada, the Registrar may request a judge to make an order staying the proceedings, and, if the judge is satisfied that (name) is conducting a proceeding in a vexatious manner, the judge may order a stay of proceedings.
or
Take notice that, pursuant to subrule 67(1) of the Rules of the Supreme Court of Canada, the Registrar may request a judge to make an order that no further document be filed relating to a proceeding, and, if the judge is satisfied that the filing of further documents would be vexatious or made for an improper purpose, the judge may order that no further documents be filed.
Dated at (place and province or territory) this (date) day of (month), (year).
_________________________
Registrar
|
Original to: |
THE PARTY |
|
COPIES TO: |
(Name, address and telephone number, and fax number and e-mail address (if any), of all other parties) |
NOTICE TO THE PARTIES: The parties may serve and file a response to this notice within 10 days after receipt of this notice.
SOR/2006-203, s. 48.
Rule 69
Form 69
Notice of Hearing
(General Heading - Use Form 22)
Take notice THAT the above-noted appeal has been scheduled for hearing on (hearing date).
Dated at (place and province or territory) this (date) day of (month), (year).
________________________
Registrar
COPIES TO: |
|
(Name, address and telephone number, and fax number and e-mail address (if any), of every party) |
Rule 83
Form 83A
Notice of Taxation
(General Heading - Use Form 22)
Take notice that (name) hereby requests the Registrar for taxation of the attached bill of costs on the (name of parties).
Dated at (place and province or territory) this (date) day of (month), (year).
Signed by (signature of counsel or party requesting taxation or agent)
__________________________ |
|
______________________ |
Original to: |
The registrar |
COPIES TO: |
(Name, address and telephone number, and fax number and e-mail address (if any), of every party liable to pay) |
NOTICE TO THE PARTIES: A party who disputes the taxation of the bill of costs or one of its items shall serve and file a response in letter form to this notice within 10 days after the service of this notice.
Rule 83
Form 83B
Bill of Costs
(General Heading - Use Form 22)
Item |
Fees (see Schedule B, Part 1) |
Disbursements (see Schedule B, Part 2) |
| |
||
1. (Insert each applicable item pursuant to the tariff set out in Schedule B) |
$ |
$ |
|
$ |
$ |
Total |
$ |
$ |
(The following to be completed by the Registrar.) |
||
|
||
This ___________day of __________, 20__.
(Attach receipts for disbursements over $50.) |
||
SOR/2006-203, s. 49.
Rule 95
Form 95
Supreme Court of Canada
Special Session
The Supreme Court of Canada will hold a special session at the City of Ottawa on the ______________ day of __________________20___, for the purpose of hearing causes and disposing of such other business as may be brought before the Court (or for the purpose of hearing election appeals, criminal appeals or appeals in cases of habeas corpus, or for the purpose of giving judgments only, as the case may be).
By order of the Chief Justice, or by order of Judge __________.
_____________________
Registrar
Dated this ___________day of ___________20___.