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Act and Rules

Forms of the Rules of the Supreme Court of Canada

Rule 1

Form 1 (Cover)

File Number: ________

In The Supreme Court Of Canada
(on Appeal from (Name of Court Appealed From))

Between

*(For Style of Cause, see subrules 22(2) for an application for leave to appeal, 22(3) for an appeal and 22(3.1) for a motion)

(Name - as it appears on the judgment of 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 of 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 the Rules on which document is based)
(*Indicate if document is: sealed, confidential, subject to limitations on public access, redacted for public file or redacted for posting on the Web)

(Insert for each of the parties named in the style of cause the following:)

____________________________

Name and status of party
(Counsel's (or party's, if unrepresented) name, address, telephone number, fax number and e-mail address (if any))

____________________________

Agent (if any)
(Agent's name, address, telephone number, fax number and e-mail address (if any))

Note: If two or more applicants or appellants file separate notices of application for leave to appeal or notices of appeal, as the case may be, the style of cause in subsequent documents must 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)

Rule 14

Form 14

notice of Name
(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 that (name) is registered in accordance with (name federal or provincial Act) under its name only (official language in which the name is registered).

Or

Take notice that (name) is registered in accordance with (name federal or provincial Act) under the following bilingual name:

(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)

________________________
Counsel or party filing notice
(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any)

_________________________
Agent
(Agent’s name, address and telephone number, and fax number and e-mail address (if any))

Original to:	The registrar
Copies to:	(Name, address and telephone number, and fax number and e-mail address (if any), of every party)

SOR/2011-74, s. 37.

Rule 16

Form 16

Notice of Agent Representing two opposing Parties
(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 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)

SOR/2011-74, s. 38.

Rule 20

Form 20

Affidavit of Service
(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 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 serve (name of person served), with a true copy of (identify document served) by (list the method or methods of service used)

(a) ordinary mail;

(b) registered or certified mail or by courier (annex a post office receipt, a receipt bearing the signature of the person served or a copy of the tracking results of the courier service indicating the status of the delivery of the document); or

(c) electronic mail.

Sworn (or Affirmed) before me at the (City, Town, etc.) of (name) in the (Province or Territory) of (name), this ___ day of ______, 20____.

__________________________
A Commissioner of Oaths

______________________
(Signature of deponent)

SOR/2011-74, s. 39.

Rule 22

Form 22

[Repealed, SOR/2011-74, s. 40]

Rule 23

Form 23

[Repealed, SOR/2011-74, s. 40]

Rule 25

Form 25A

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) 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 tthat 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)

____________________________
Applicant
(Counsel's (or party's, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any))

__________________________
Agent (if any)
(Agent's name, address and telephone number, and fax number and e-mail address (if any))

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, SOR/2011-74, s. 41.

Rule 25

Form 25B

Certificate (Counsel or agent of the Applicant or 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 (name of applicant or appellant), hereby certify that

(a) (state whether there is a sealing or confidentiality order in effect in the file from a lower court or the Court and whether any document filed includes information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation);

(b) (state whether there is, pursuant to an order or legislation, a ban on the publication of evidence or the names or identity of a party or witness and whether any document filed includes information that is subject to that ban); and

(c) (state whether there is, pursuant to legislation, information that is subject to limitations on public access and whether any document filed includes information that is subject to those limitations);

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)

(Include a copy of any order or provision of applicable legislation. Any document that includes information listed in (a) shall be filed in a sealed envelope. If that document is required to be filed by these Rules, it shall also be accompanied by a motion to seal, two redacted printed versions and one redacted electronic version of the document, if required — See Rule 19.1.)

SOR/2006-203, s. 43; SOR/2011-74, s. 42.

Rule 25

Form 25C

Certificate (Counsel or Agent of the Applicant or 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 (name of applicant or appellant), hereby certify that (if a judge’s previous involvement or connection with the case may 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; SOR/2011-74, s. 43.

Rule 29

Form 29

Notice of application for leave to cross-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) 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)

_______________________
Respondent
(Counsel's (or party's, if unrepresented) name, address and telephone number, fax number and e-mail address (if any))

________________________
Agent (If any)
(Agent's name, address and telephone number, and fax number and e-mail address (if any))

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.

SOR/2011-74, s. 44.

Rule 33

Form 33

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 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 thatthat (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) 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 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)

__________________________
Appellant
(Counsel's (or party's if unrepresented) name, address and telephone number, and fax number and e-mail address (if any))

___________________________
Agent
(Agent's name, address and telephone number, and fax number and e-mail address (if any))

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, a copy of the certificate in Form 25C.)

SOR/2006-203, s. 45; SOR/2011-74, s. 45.

Rule 38

Form 38

Certificate of Counsel (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, 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)

SOR/2011-74, s. 46.

Rule 39

Form 39

Certificate of Counsel (Respondent)
(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 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; SOR/2011-74, s. 47.

Rule 46

Form 46

Notice of Reference
(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 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)

__________________________
Counsel
(Counsel's name, address and telephone number, and fax number and e-mail address (if any))

____________________________
Agent
(Agent's name, address and telephone number, and fax number and e-mail address (if any))

(Attach Order in Council.)

SOR/2011-74, s. 48.

Rule 47

Form 47

Notice of motion to a judge or the registrar
(Style of Cause (Rule 22); Style of Cause may be abbreviated in accordance with subrule 22(3.1) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada(Print and Electronic))

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)

___________________________
Applicant to the motion
(Counsel's (or party's, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any))

_________________________
Agent
(Agent's name, address and telephone number, and fax number and e-mail address (if any))

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, SOR/2011-74, s. 49.

Rule 52

Form 52

Notice of Motion to the Court
(Style of Cause (Rule 22); Style of Cause may be abbreviated in accordance with subrule 22(3.1) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada(Print and Electronic))

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)

___________________________
Applicant to the motion
(Counsel's (or party's, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any))

___________________________
Agent
(Agent's name, address and telephone number, and fax number and e-mail address (if any))

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.

(This motion is required to be bound with a cover — see Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic). 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, a copy of the certificate in Form 25C.)

SOR/2006-203, s. 47; SOR/2011-74, s. 50.

Rule 61

Form 61A

Notice of Constitutional Question
(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 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)

___________________________
Applicant to the motion
(Counsel's (or party's, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any))

___________________________
Agent
(Agent's name, address and telephone number, and fax number and e-mail address (if any))

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; SOR/2011-74, s. 51.

Rule 61

Form 61B

Notice of intervention respecting constitutional question
(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))

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)

_________________________
Counsel for attorney general
(Counsel's name, address and telephone number, and fax number and e-mail address (if any))

____________________________
Agent
(Agent's name, address and telephone number, and fax number and e-mail address (if any))

Original to:	The registrar
COPIES TO:	(Name, address and telephone number, and fax number and e-mail address (if any) of all other parties)

SOR/2011-74, s. 52.

Rule 64

Form 64

Notice of intention to dismiss application for leave for delay
(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) 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 as extended under subsection 59(1) of that Act.

and further take notice that the Registrar 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 a 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 (Name, address and telephone number, and fax number and e-mail address (if any))
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; SOR/2011-74, s. 53.

Rule 65

Form 65

Notice of intent to dismiss appeal for delay
(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) 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 (Name, address and telephone number, and fax number and e-mail address (if any))
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; SOR/2011-74, s. 54.

Rule 67

Form 67

Notice of request — vexatious proceeding
(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 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 (Name, address and telephone number, and fax number and e-mail address (if any))
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; SOR/2011-74, s. 55..

Rule 69

Form 69

Notice of Hearing
(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 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)

SOR/2011-74, s. 56.

Rule 83

Form 83A

Notice of Taxation
(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) 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)

__________________________
Counsel or party, if unrepresented, requesting taxation
(Counsel's (or party's, if unrepresented) name, address and telephone number, and fax number and e-mail address (if any))

______________________
Agent, if any
(Agent's name, address and telephone number, and fax number and e-mail address (if any))

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.

SOR/2011-74, s. 57.

Rule 83

Form 83B

Bill of Costs
(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))

Item	Fees (see Schedule B, Part 1)	Disbursements and applicable tax (see Schedule B, Part 2)

1. (Insert each applicable item pursuant to the tariff set out in Schedule B)	$	$
Subtotal	$	$
Total	$	$
(The following to be completed by the Registrar.) Taxed and allowed at the sum of $ ___________
_______________________ Registrar
This ___________day of __________, 20__. (Attach receipts for disbursements over $50.)

SOR/2006-203, s. 49; SOR/2011-74, s. 58.

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 Justice __________.

_____________________
Registrar

Dated this ___________day of ___________20___.