Act and Rules

Guidelines for Preparing Documents  to be Filed with the Supreme Court of Canada (Print and Electronic)

Issued Pursuant to Rule 21 of the Rules of the Supreme Court of Canada
April 2011

These guidelines must be followed by parties when preparing both the printed and electronic versions of the documents they are required to serve and file in proceedings in the Supreme Court of Canada. 

• General Information
• Self-Represented Litigants
• Electronic or Printed?
• Preparing the Original Printed Version
  • Document Assembly
    • Printing Requirements
    • Binding
    • Covers, Headings and Contact Information
    • Table of Contents
    • Page Numbers and Volumes
    • Tabs
  • Signatures
• Preparing the Electronic Document
  • Document Assembly
    • Technical Requirements
    • Bookmarks and Hyperlinking
    • Page Numbers and Volumes
  • Large Documents
  • Signatures
  • Accessibility
    • Checklist: Things to Do Before Saving a Document
  • How To File an Electronic Document
  • Electronic Filing Form
  • Condensed Book
  • Serving the Electronic Document
• Public Access to Court Records
  • Documents Containing Sensitive Information That Should Not Be Made Public
  • Sealed Or Confidential Documents
  • Requirements Related to the Posting of Factums
  • Redacting Documents
• Changes or Amendments
• Questions
• Specific Requirements for Documents
• Guide for Numbering Pages of Print and Electronic Documents
• Bookmarks for Electronic Documents on Appeal
• Time Limits for Filing Documents
• Checklist for Most Commonly Filed Documents
• Creating and Converting to Accessible PDF Files

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General Information

The procedure for proceedings in the Supreme Court of Canada is set out in the Rules of the Supreme Court of Canada.

The Rules state what documents must be filed, how many copies are required and when they must be served and filed. A quick reference tool entitled Specific Requirements for Documents is available.

These guidelines, which set out the formatting requirements for documents, are issued pursuant to Rule 21 of the Rules and are updated from time to time. 

Self-Represented Litigants

If you are not represented by counsel, please visit the Court’s Web site for self-help assistance. Templates which simplify the preparation of documents can be found there.

Electronic or Printed?

Although all documents must be filed in printed form, an electronic copy of each of the following appeal documents must also be filed on a CD-ROM:

• Notice of Appeal,
• Factum,
• Record, and
• Book of Authorities.

The electronic version of the document must be a true representation of the printed version.  In appropriate cases, this requirement can be waived by the Court, a judge or the Registrar (Rule 47).  The original printed version will be considered the official version.

Preparing the Original Printed Version

Document Assembly

The documents which must be prepared to meet the requirements of the Rules can take two forms:

• documents, such as notices of motion, that are created in their entirety using word processing software; and
• documents that are created in part using word processing software but that also include copies of documents from other sources (for example, a book of authorities, which consists of a table of contents prepared by the party and photocopies from law reports, legislation, etc).

Printing Requirements

For all documents:

• Page size:  21.5 cm by 28 cm (letter size)
• Paper type:  Good-quality white paper
• Printed on one side only and, in the case of a bound document, with the printed pages facing up on the left.  However, books of authorities and condensed books must be printed on both sides of each page.

For documents created using word processing software:

• Font:  Times New Roman or a comparable font
• Font style:  Regular
• Font size:  12-point size is recommended
• Number of words per page:  Not more than 500
• Line spacing:  At least one and one half lines apart, except for quotations from authorities, which must be indented and single-spaced
• Margins:  Not less than 2.5 cm

Binding

Certain documents, such as factums, records, books of authorities, motions made to the Court and applications for leave to appeal, must be bound.  See the Specific Requirements for Documents table for further information.

Covers, Headings and Contact Information

• Covers are required for all documents.  Good-quality white paper must be used for the covers of documents which are not required to be bound; however, good-quality cover stock, in the colour specified in the Specific Requirements for Documents table, is required for all bound documents.
• The heading on every cover (see Form 1) must include the following:
  1. the title “In the Supreme Court of Canada”, in upper-case letters;
  2. the name of the court being appealed from, printed in upper-case letters and in parentheses;
  3. the Supreme Court of Canada’s file number, if one has already been assigned;
  4. the style of cause as set out in subrule 22(2) or (3) of the Rules;
  5. the title of the document and the name and title of the party filing it, printed in upper-case letters between horizontal lines; and
  6. the sections of the Supreme Court Act, of the Rules, or of any other legislation on which the document is based, printed in lower-case letters between the horizontal lines.
• On every cover, the following must appear below the heading: on the left, the names, addresses, telephone numbers, fax numbers and e-mail addresses of counsel for the parties or — in the case of parties who are not represented by counsel — of the parties themselves; and on the right, the same contact information for the parties’ Ottawa agents, if any (see Form 1).
• If there is insufficient space on the cover for all the required information, it must be continued on subsequent pages — which should not be numbered — inside the document (inside cover pages).

Table of Contents

• Each document that must be bound, and each volume of each such document, must have a table of contents.  The table of contents must appear at the beginning of the document or volume and must include the following:
  1. a detailed list, in the order in which they appear, of the contents of each section of the document and of every volume of the document, including appendices, and in a separate column, the page numbers at which they commence.
  2. in the case of a judgment given without recorded reasons, the phrase "no recorded reasons" in the column for page numbers; and
  3. in the case of a book of authorities, the tabs and references for each authority.
• Lower-case Roman numerals should be used in numbering the pages of a table of contents in accordance with the Guide for Numbering Pages of Print and Electronic Documents.

Page Numbers and Volumes

• In every document, except for books of authority, the pages must be numbered consecutively, and page numbers — in Arabic numerals — must appear at the top centre of each page, including any blank pages, with the exception of
  1. the cover and any inside cover pages; and
  2. the table of contents (which must be numbered independently using lower-case Roman numerals).
• See the Guide for Numbering Pages of Print and Electronic Documents.
• If a printed document contains tabs or dividers, the numbering must remain consecutive, irrespective of the tabs or dividers.  Do not include page numbers on the tab or divider pages.
• If a document exceeds 300 pages (or 600 pages if printed on both sides), it must be bound in volumes of not more than 200 pages (or 400 pages if printed on both sides).
• Each volume must be numbered in upper-case Roman numerals.  The volume number should be placed within the horizontal lines, below the title of the document and the other information required to be included there.  The volume number in Roman numerals must also appear on the bottom cutting edge of each volume.
• Each volume of a document must include a cover (see Form 1), which must be immediately followed by a table of contents.
• Page numbering must be started over again in each additional volume of a document.

Tabs

• Parties are strongly encouraged to use tabs and dividers in lengthy documents to make it easier for readers to find information.
• Each authority in a book of authorities or a condensed book must be marked with a separate tab.

Signatures

• Handwritten signatures are required only
  1. on the original printed versions of forms required by the Rules; and
  2. at the end of Part V of a memorandum of argument on an application for leave to appeal or on a motion, or of a factum on an appeal.
• These documents must be signed by counsel who prepared them or — in the case of parties who are not represented by counsel — by the parties themselves.  Each signature should appear immediately above the printed name of counsel or the party, as the case may be.

Preparing the Electronic Document

Document Assembly

Technical Requirements

• In PDF format on a CD-ROM.
• When paper documents are scanned, the resolution must be set to 300 dpi.

Bookmarks and Hyperlinking

• Bookmarks are essential.  They must mirror the items in the table of contents of a document and of each volume of a document.  In a book of authorities, the name of each authority must be preceded by the tab number.
• Linking within a document is optional.
• Links to external Web sites and between documents are not permitted, because such links will not function once the document is uploaded into the Court’s electronic document management system. 

Page Numbers and Volumes

• The page numbering of the electronic version must be identical to the page numbering of the printed version.  To ensure this, the following rules must be complied with:
  • If you are using Adobe Professional, set your numbering “style” to “None” for the cover page and to “i, ii, iii …” for the table of contents pages.  For further information, see the E-Filing FAQ page.
  • Number any blank pages in the document to ensure that the numbering in the printed and electronic versions is consistent.
  • Do not scan tabs or divider sheets into the electronic version.
• If the printed version of a document has more than one volume, the electronic version must be saved in separate files that correspond to the printed volumes.

Large Documents

If one of the files of an electronic document exceeds 75 megabytes (MB), please contact the Registry at (613) 996-8666 for further information.

Signatures

Despite the requirement that the printed and electronic versions be identical, the electronic version does not need to include a scanned image of the signature from the printed document, nor is an electronic signature required.

Accessibility

• Parties are strongly encouraged to follow the instructions entitled Preparing Microsoft Word Documents to Create Accessible PDF Files to ensure that their documents are accessible to people who use assistive technology.
• Factums must also — in addition to the PDF version — be filed in Word or WordPerfect, in read-only format; the Word or WordPerfect version will be made available, upon request, to people who use assistive technology.

Checklist: Things to Do Before Saving a Document

• Deactivate any security settings in a document.
• Remove any hidden text, such as markings or annotations (including track changes), from source documents before converting them to PDF.  Instructions on how to do this can be found in the documentation for your word processing software.  In addition, information on metadata best practices can be found in a document of the Canadian Bar Association entitled Information to Supplement the Code of Professional Conduct: Guidelines for Practising Ethically with New Information Technologies.  The CBA’s guidelines also contain specific suggestions for limiting the creation of metadata and for removing metadata in “Appendix 2: Metadata Information and Resources of the Guidelines”.
• Use the Optical Character Recognition (OCR) feature to ensure that your scanned PDF version will be searchable.  If you are using Adobe Professional 8 or higher (recommended), select “Document” on the menu bar, and then select “OCR Text Recognition” and “Recognize Text using OCR”.
• Enable the “commenting” functionality for the PDF document. If you are using Adobe Professional 8 or higher, select “Comments” on the menu bar, and then select “Enable for Commenting and Analysis in Adobe Reader”.  This should be the last step you take before saving a document.
• Do not use the following characters in file names when saving documents:  ` ~ ! @ # $ % ^ & * () + = [] {} : ; ' , ? | " /

How to File an Electronic Document

• The electronic version of a document and the accompanying Electronic Filing Form must be filed on a CD-ROM by mail, by courier or in person no later than five working days after the printed version is filed. The Court’s Registry is open from 9:00 a.m. to 5:00 p.m. Eastern Time (standard time or daylight saving time, as the case may be).
• The electronic versions of all documents to be filed with the same file number may be saved on a single CD-ROM, but individual documents and volumes of documents must be saved under separate file names.
• If the electronic version of a document
  • is subject to, or contains or reveals information that is subject to, a sealing or confidentiality order from a lower court or from the Supreme Court of Canada, or
  • is confidential by virtue of legislation, or contains or reveals information that is confidential by virtue of legislation (information — in, for example, a case involving national security matters — which, if disclosed, could cause injury to the national interest),
• it must be filed on a separate CD-ROM in a sealed envelope and be accompanied by a covering letter.  The cover of the document (both the printed and the electronic versions), the CD-ROM and the CD-ROM’s container must be marked “Sealed” or “Confidential”.  A redacted electronic version for the public record must also be filed.
• Both the CD-ROM and its container must be labeled with the filing party’s name, the Supreme Court of Canada file number and, if space permits, the style of cause.  Do not place a CD-ROM inside the cover of the printed version of any document.

Electronic Filing Form

An Electronic Filing Form must be filed for each electronic document.  If a document contains multiple volumes, only one Electronic Filing Form is required for all the volumes of that document. The form must be in electronic format and must be included on the CD-ROM.  Do not file a printed version of this form.

Condensed Book

The filing of an electronic version of a condensed book is optional.  The printed version must be filed at the hearing of the appeal (refer to the Specific Requirements for Documents table for the number of copies).

Serving the Electronic Document

• If service of a document is required, both the printed version of the document and the CD-ROM containing the electronic version of the document must be served unless counsel being served is willing to accept service of one version only.  See Rule 20 for service requirements.
• Generally, proof of service is required only for service of the printed version.  However, proof of service of the electronic version is required if counsel has agreed to service of the electronic version only.

Public Access to Court Records

Every document filed with the Court forms part of the public record unless the filing party advises the Court that a document contains information that is subject to limitations on public access.

Documents Containing Information that Should Not Be Made Public

Parties should contact the Manager of the Registry Branch at (613) 996-8666 for instructions if any of their documents

• are subject to, or contain or reveal information that is subject to, a sealing or confidentiality order from a lower court or from the Supreme Court of Canada;
• are confidential by virtue of legislation, or contain or reveal information that is confidential by virtue of legislation (information — in, for example, a case involving national security matters — which, if disclosed, could cause injury to the national interest); or
• contain or reveal information that is subject to limitations on public access (this restriction is usually imposed by federal or provincial legislation and might apply, for example, in a case involving adoption or children in need of protection).

Sealed or Confidential Documents (Rule 19.1)

Must be marked “sealed” or “confidential” and filed in a sealed envelope:	with a covering letter explaining why the document is or should be sealed and
Any document that is subject to a sealing or confidentiality order and/or is confidential by virtue of legislation	A copy of the sealing or confidentiality order or the applicable legislative provision
Any document (for example, an application for leave to appeal or a record) that contains a document that is subject to a sealing or confidentiality order and/or is confidential by virtue of legislation (for example, an application for leave to appeal containing a document that was sealed in another court)	A copy of the sealing or confidentiality order or the applicable legislative provision Two (2) redacted printed versions and — if you are required to file an electronic version — one redacted electronic version for the public record
Any document (for example, a memorandum of argument in an application for leave to appeal or a factum) that reveals information that is subject to a sealing or confidentiality order and/or is confidential by virtue of legislation	A motion to the Registrar seeking a sealing order Two (2) redacted printed versions and — if you are required to file an electronic version — one redacted electronic version for the public record
Any document for which you intend to seek a sealing order	A motion to the Registrar for a sealing order

Requirements Related to the Posting of Factums

The electronic versions of factums are posted on the Court’s Web site.  As a best practice, where possible, factums should not contain

• information subject to a publication ban, or
• personal data identifiers or personal information that, if combined with the individual's name and made widely accessible to the public, could pose a serious threat to the individual's personal security (by, for example, exposing him or her to identity theft, stalking or harassment).

The following are some examples of personal data identifiers or personal information that could compromise an individual's personal security (this list is not exhaustive):

• home addresses,
• social insurance numbers,
• account numbers for bank accounts, lines of credit or credit cards, and
• medical records.

An individual's name on its own is not considered to be a personal data identifier.

If any such information is included in a factum, a redacted electronic version that omits the sensitive information must be provided for the purpose of posting the factum on the Court’s Web site.  A printed version of the redacted factum is not required.

For further information about the principles governing access to factums on the Court’s Web site, please consult the Policy for Access to Supreme Court of Canada Court Records.

Redacting Documents

When a document is redacted, the information to be deleted should either be permanently deleted or be masked in such a way as to prevent members of the public from accessing the sensitive content in the electronic file.  Adobe Professional 8 or higher includes a tool in the advanced options for redacting electronic documents by means of an automatic search feature that marks designated text or metadata. Other PDF software may have similar features. Please refer to your software's help section for step-by-step instructions on redacting documents.

The word “Redacted” must appear within the two horizontal lines on the cover (see Form 1) of any redacted document in both the printed and the electronic versions.

Changes or Amendments

The following rules apply to the filing of a document that contains changes or amendments to a previously filed printed or electronic document:

• A covering letter listing or describing the changes or amendments must accompany the document being filed.
• The word “Amended” must appear within the two horizontal lines on the cover (see Form 1).
• If the changes made are to the printed version of a document, an electronic version of the modified document is also required; a CD-ROM containing the electronic version of the new document must therefore be filed together with an Electronic Filing Form.
• If changes are made to the electronic version of a document, the same changes must be made to the printed version.
• If changes are made to the printed or electronic version of a document after the filing deadline, it may be necessary to file a motion for an extension of time.  (Please consult the Registry for further instructions.)

Questions

Please note that Supreme Court of Canada staff cannot provide technical support for the creation of electronic versions of documents.  However, questions on the requirements set out in these guidelines may be addressed to the Registry Officer responsible for electronic filing at (613) 996 8666, or you can consult the E-Filing FAQ page.

Specific Requirements for Documents

	Application for leave to appeal (Rule 25)	Respondent’s response to application for leave to appeal (Rule 27)	Applicant’s reply to  response to application for leave to appeal (Rule 28)	Notice of appeal (Rules 33 and 34)
Number of copies to be filed	Printed: Original and 5 copies Electronic: n/a	Printed: Original and 5 copies Electronic: n/a	Printed: Original and 5 copies Electronic: n/a	Printed:  Original and 1 copy Electronic: 1 copy For appeals as of right, also include electronic version of Form 25B The electronic copy may be filed with the other appeal documents
Number of copies to be served	Printed:  1  copy on all other parties Electronic:  n/a	Printed:  1  copy on all other parties Electronic:  n/a	Printed:  1  copy on all other parties Electronic:  n/a	Printed:  1  copy on all other parties Electronic:  1  copy on all other parties
Bookmarks (Electronic Versions)	n/a	n/a	n/a	n/a
Binding and Covers	Bound with grey covers	Bound with green covers	Bound with grey covers (unless in the form of correspondence)	n/a

 

	Factum (Rules 35, 36, 37, 42 and 43)	Appellant’s record (Rules 35 and 38)
Number of copies to be filed	Printed: Original and 23 copies Electronic: 1 copy If the factum contains or reveals sealed or confidential documents or information, 1 electronic redacted copy and 2 printed copies of the redacted version for the public record.  If the electronic copy is not suitable for posting on the Web, an additional electronic copy which has been redacted accordingly. In addition to the PDF version, the Word or WordPerfect version of Parts I to V of the factum (in read-only format)	Printed:  Original and 20 copies of any volume containing Parts I and II; 11 copies of all other volumes Electronic: 1 copy If the record contains or reveals sealed or confidential documents or information, 1 electronic copy and 2 printed copies of the redacted version for the public record
Number of copies to be served	Printed: Appellant and Respondent: 3 copies on all other appellants and respondents, 1 copy on interveners Intervener: 1 copy on all other parties Electronic: 1 copy on all other parties	Printed:  1  copy on all other parties Electronic:  1  copy on all other parties
Bookmarks (Electronic Versions)	Mirror items in the table of contents in each volume of a document At a minimum, each "Part" must be bookmarked	Mirror items in the table of contents in each volume of a document At a minimum, each "Part" must be bookmarked
Binding and Covers	Appellant:  Bound with beige covers Respondent:  Bound with green covers Intervener:  Bound with blue covers	Bound with orange covers

 

	Respondent’s Record (Rules 36 and 39)	Book of Authorities (Rules 35, 36, 37 and 44)	Condensed Book (Rule 45)
Number of copies to be filed	Print:  Original And 11 Copies Electronic: 1 copy If the Record contains or reveals sealed or confidential documents or information, 1 electronic copy and 2 printed copies of the redacted version for the public record	Print: 11 copies Electronic: 1 copy	Print: 14 copies at  the hearing Electronic: Optional
Number of copies to be served	Printed:   1 copy on all other parties Electronic:  1  copy on all other parties	Printed:  1  copy on all other parties Electronic:  1  copy on all other parties	Printed:  1  copy on all other parties at the hearing Electronic:  n/a
Bookmarks (Electronic Versions)	Include title and mirror items in the table of contents in each volume of a document At a minimum, each "Part" must be bookmarked	Include title and mirror items in the table of contents in each volume of a document At a minimum, each authority must be bookmarked	At a minimum, the table of contents must be bookmarked if you are filing an electronic version
Binding and Covers	Bound with green covers	Appellant:  Bound with beige covers Respondent:  Bound with green covers Intervener:  Bound with blue covers	Appellant:  Bound with beige covers Respondent:  Bound with green covers Intervener:  Bound with blue covers

 

	Motion to a judge or the registrar and any reply (Rules 47, 48, 50 and 51)	Response to motion to a judge or the registrar (Rules 49 and 51)	Motion to the Court and any reply (Rules 52 and 53)	Response to  Motion before the Court (Rule 54)
Number of copies to be filed	Print: Original and 2 copies, unless filed or submitted with application for leave, then 3 additional copies Electronic: n/a	Print: Original and 2 copies, unless filed or submitted with application for leave, then 3 additional copies Electronic: n/a	Print: Original and 14 copies Electronic: n/a	Print: Original and 14 copies Electronic: n/a
Number of copies to be served	Printed:  1  copy on all other parties Electronic:  n/a	Printed:  1  copy on all other parties Electronic:  n/a	Printed:  1  copy on all other parties Electronic:  n/a	Printed:  1  copy on all other parties Electronic:  n/a
Bookmarks (Electronic Versions)	n/a	n/a	n/a	n/a
Binding and Covers	Optional If you bind the document, use grey covers	Optional If you bind the document, use green covers	Bound with grey covers	Bound with green covers

 

Guide for Numbering Pages of Print and Electronic Documents

Note: Do not include page numbers on the tab or divider pages.

Bookmarks for Electronic Documents on Appeal

Factum

Record

Book of Authorities

Time Limits for Filing Documents

To serve and file	You have	From	Provisions of the Supreme Court Act and Rules
Leave to appeal stage
Application for leave to appeal	60 days	Date of judgment appealed from	s. 58(1)(a), Rule 25(1)
Respondent’s or intervener’s response	30 days	Service of application for leave to appeal	Rule 27(1)
Applicant’s reply	10 days	Service of respondent’s response	Rule 28(1)
Application (or conditional application) for leave to cross-appeal (in the case of an appeal for which leave is required)	30 days	Service of application for leave to appeal	Rule 29(1)
Applicant’s response to application for leave to cross-appeal	30 days	Service of application for leave to cross-appeal	Rule 30(1)
Respondent’s reply to Applicant’s response to application for leave to cross-appeal	10 days	Service of response to application for leave to cross-appeal	Rule 31(1)
Motion for leave to intervene	30 days	Filing of application for leave to appeal	Rule 56(a)
Appeal stage*
Notice of appeal (in the case of an appeal as of right)	30 days	Date of judgment appealed from	s. 58(1)(b)
Notice of appeal (where leave is required)	30 days	Decision granting leave	s. 58(1)(b)
Motion to state constitutional question	30 days	Decision granting leave or filing of notice of appeal as of right, as the case may be	Rule 60(1)
Application for leave to cross-appeal (in an appeal as of right)	30 days	Service of notice of appeal	Rule 29(1)
Applicant’s response to application for leave to cross-appeal	30 days	Service of application for leave to cross-appeal	Rule  30(1)
Respondent’s reply to Applicant’s response to application for leave to cross-appeal	10 days	Service of response to application for leave to cross-appeal	Rule 31(1)
Motion for intervention	4 weeks	Filing of appellant’s factum	Rule 56(b)
Appellant’s factum, record and book of authorities	12 weeks	Filing of notice of appeal or order stating constitutional question, if any	Rule 35(1) and (2)
Respondent’s factum and factum on cross-appeal (if any), and book of authorities	8 weeks	Service of appellant’s factum	Rules 36, 43(1)(a)
Respondent’s record	8 weeks	Service of respondent’s record	Rule 36
Appellant’s factum in response to cross-appeal (if any)	2 weeks	Service of respondent’s factum on cross-appeal	Rule 35(3)
Appellant’s factum under Rule 29(4) (A reference to Rule 29(4) must appear between the horizontal lines of the heading on the cover)	2 weeks	Service of respondent’s factum	Rules 29(4), 35(4)
Intervener’s factum and book of authorities	8 weeks	Granting of leave to intervene or service of appellant’s factum for interveners referred to in Rule 22(3)(c)(i) or (iv)	Rule 37
Factum and book of authorities of Attorney General referred to in Rule 61(4)	20 weeks	Filing of notice of intervention on a constitutional question	Rule 37
Condensed book		Filed at hearing of appeal	Rule 45
Motions to a judge or the Registrar
Respondent’s response to motion	10 days	Service of motion	Rule 49
Reply to response to motion	5 days	Service of response to motion	Rule 50
Motions to the Court
Respondent’s response to motion	10 days	Service of motion	Rule 54

*For references by the federal government under s. 53 of the Supreme Court Act, see Rule 46 of the Rules of the Supreme Court of Canada.

Checklist for Most Commonly Filed Documents

Application for leave to appeal stage

Application for leave to appeal (Rule 25)

• □  Form 25A – Notice of application for leave to appeal
• □  Form 14 – Notice of name (if applicable)
• □  Form 25B – Certificate
• □  Form 25C – Certificate (if applicable)
• □  Formal judgments or orders and reasons of lower courts
• □  Memorandum of argument (Rule 25(1)(f))
  • Part I – Concise overview of position with respect to issues of public importance and statement of facts
  • Part II – Questions in issue
  • Part III – Statement of argument
  • Part IV – Submissions concerning costs (maximum one page)
  • Part V – Order or orders sought
  • Maximum 20 pages, Parts I to V
  • Part VI – Table of authorities
  • Part VII – Statutes, regulations, rules, etc.
• □  Counsel’s signature on the original printed version
• □  Filing fee

Respondent’s response to application for leave to appeal (Rule 27)

• □  Form 14 – Notice of name (if applicable)
• □  Form 25B – Certificate
• □  Form 25C – Certificate (if applicable)
• □  Memorandum of argument (Rule 27(2)(c))
  • Part I – Concise overview of position with respect to issues of public importance and statement of facts
  • Part II – Questions in issue
  • Part III – Statement of argument
  • Part IV – Submissions concerning costs (maximum one page)
  • Part V – Order or orders sought
  • Maximum 20 pages, Parts I to V
  • Part VI – Table of authorities
  • Part VII – Statutes, regulations, rules, etc.
• □  Counsel’s signature on the original printed version

Applicant’s Reply to response on an application for leave to appeal (Rule 28(2))

• □  Maximum 5 pages
• □  Counsel’s signature on the original printed version

Appeal Stage

Notice of appeal when leave to appeal is required (Rule 33)

• □  Form 33 – Notice of appeal
• □  Form 25C – Certificate (if applicable)

Notice of appeal in an appeal as of right (Rule 33)

• □  Form 33 – Notice of appeal as of right (when under the Criminal Code, set out the question(s) of law, including the question(s) of law on which the dissenting judgment of the court appealed from is, in whole or in part, based)
• □  Form 25B – Certificate
• □  Form 25C – Certificate (if applicable)
• □  Formal judgment and reasons for judgment appealed from
• □  Filing fee

Factum (Appellant and Respondent – Rule 42)

• □  Part I – Overview and statement of facts
• □  Part II – Questions in issue (in the appellant’s factum) and respondent’s positions with respect to the appellant’s questions (in the respondent’s factum)
• □  Part III – Statement of argument
• □  Part IV – Submissions concerning costs (maximum one page)
• □  Part V – Order or orders sought
• □  Maximum 40 pages, Parts I to V
• □  Maximum 20 pages on cross-appeal, Parts I to V (Rule 43)
• □  Part VI – Table of authorities
• □  Part VII – Statutes, regulations, rules, etc.
• □  In the appellant’s factum, a copy of any order stating a constitutional question
• □  Counsel’s signature on the original printed version

Factum (Intervener – Rule 42)

• □  Part I – Overview of arguments with respect to the intervention and statement of facts
• □  Part II – Concise statement of positions regarding the questions in issue (subject to Rule 59(3))
• □  Part III – Statement of argument
• □  Part IV – Not applicable
• □  Part V – Request for permission to present oral argument, if not yet determined
• □  Maximum 20 pages, Parts I to V, for an attorney general referred to in Rule 61(4)
• □  Maximum 10 pages, Parts I to V, for all other interveners
• □  Part VI – Table of authorities
• □  Part VII – Statute, regulations, rules, etc.
• □  Counsel’s signature on the original printed version

Record (Appellant – Rule 38)

• □  Part I – Form 38 – Certificate of counsel
• □  Part II –Formal judgments and reasons of lower courts (including charge to jury, if any)
• □  Part III – Pleadings, orders, entries (including any order stating a constitutional question)
• □  Part IV – Evidence, including transcripts and affidavits
• □  Part V – Exhibits

Record (Respondent – Rule 39)

• □  Part I – Form 39 - Certificate of counsel
• □  Part II – Pleadings, orders, entries
• □  Part III – Evidence, including transcripts and affidavits
• □  Part IV – Exhibits

Either Stage (application for leave to appeal or appeal)

Motions (Rule 47 or 52)

• □  Form 47 or Form 52 - Notice of motion
• □  Form 25B – Certificate
• □  Form 25C – Certificate (if applicable)
• □  Affidavit (where necessary to substantiate any fact that is not a matter of record in the Court)
• □  Memorandum of argument (optional, see Rule 25(1)(f))
  • Maximum 10 pages, Parts I to V (Rule 47(2) for motions to a Judge or the Registrar
  • Maximum 20 pages, Parts I to V (Rule 52(1)(c) for motions to the Court)
• □  Documents relied upon
• □  Counsel’s signature on the original printed version
• □  Filing fee

 

Creating and Converting to Accessible PDF Files

PDF Format

Preparing Microsoft Word Documents to Create Accessible PDF Files

Add Structure to Word Documents

Design your documents with styles. Styles add the structure necessary to make your documents usable to people with disabilities (See Headings).

Graphics and Images

ll Graphics and Images should be provided with alternative text descriptions (See Alternative Text or Alt Text). Avoid placing graphics too close to text. This can cause problems when converting to PDF. Place white space between text and graphics.

Alternative Text or Alt Text

Alternative Text or Alt Text refers to text that can be read by a screen reader to describe graphics and images which people with visual disabilities cannot see.

Word 2003

• Double Click on an image or right click and select the format picture dialog.
• Select the Web tab and enter the alternative text

Word 2007

• Right Click on an image and choose Size
• Select the Alt Text tab and enter the alternative text

Text

• Text should be at least 12 point type.
• Avoid using Microsoft Word text boxes.
• Avoid using Enter to create space between paragraphs. Use the space before and space after properties in your styles

Columns

To create columns, do not use the tab key to make space between text columns or put text in a table. Use Word’s column command.

Word 2003

• Format > Columns
• or Click on the Columns Toolbar

Word 2007

• Select Page Layout on the Ribbon and select Columns in the Page Setup group

Headings

Use Styles to create heading formats. Title, Heading 1, Heading 2, Heading 3, etc. Make styles progress in a logical manner — a Heading 2 should come after a Heading 1

Word 2003

• Format > Styles and Formatting to reveal the styles and formatting task pane

Word 2007

• Select the Home Ribbon in Word 2007 and select the proper heading from the styles group

Keyboard Shortcuts for Applying Styles in Both Versions of Microsoft Word

• Ctrl Alt 1 - Heading 1
• Ctrl Alt 2 - Heading 2
• Ctrl Alt 3 - Heading 3

Hyperlinks (Word 2003 & 2007)

Add a meaningful description to hyperlinks. Avoid using “click here”

• Insert Hyperlink (Ctrl K)
• Use the screen tip button to add text description

Lists

• Use Bulleted Lists to emphasize individual points.
• Use Numbered Lists to describe the proper order for a series of steps in a sequence.

Tables

• Do not use tabs and spaces to create tables. Use the Insert Table command
• Avoid letting table rows break across a page
• Tables that go beyond a page should repeat header rows

Word 2003

• Use the table properties dialog

Word 2007

• Place the cursor in a table and select the Table Tools tab in the Ribbon

Converting Microsoft Word Documents To Accessible PDF Files With Adobe Acrobat

1. Display PDF Maker

Microsoft Word 2003 (Acrobat 7 & 8)

• Select Adobe PDF on the Word Menu bar
• Select Change Conversion Settings

Microsoft Word 2007 (Acrobat 8 Only)

• On the Ribbon select the Acrobat Tab
• Select Preferences from the Create Adobe PDF Group

2. Configure PDF Maker

Settings Tab

• Bookmarks
• Links
• Enable Accessibility and reflow

Security Tab

• If Permissions are applied, check enable text access for screen reader devices for the visually impaired

Word Tab

• Convert cross references
• Convert footnote and endnote links
• Enable advanced tagging

Bookmarks Tab

• Convert Word Headings to Bookmarks
• Set the proper indent levels

3. Save as Accessible PDF

Microsoft Word 2003 (Acrobat 7 & 8)

• Convert to Adobe PDF from Adobe PDF Menu
• Select Convert to Adobe PDF toolbar

Microsoft Word 2007 (Acrobat 8 only)

• Select Create PDF from the Create Adobe PDF Group
• Save as Adobe PDF from the Office button

Visit Adobe’s Accessibility Resource Center.

April 2011