Resources for Self-Represented Litigants
Questions and Answers for Self-Represented Litigants Who Want to Apply for Leave to Appeal
- What is an application for leave to appeal?
- What are the criteria for granting leave to appeal?
- Who decides an application for leave to appeal?
- How many applications for leave to appeal are granted?
- Can I go to the Supreme Court of Canada without a lawyer?
- Where can I get help?
- Can I ask the Court for legal assistance?
- When can I apply for leave to appeal?
- Are there cases in which I might appeal to the Court without first applying for leave to appeal?
- Is the judgment I am appealing still in effect after I file an application for leave to appeal?
- Is there a form I can use for an application for leave?
- What are the basic steps?
- What is the procedure for filing documents?
- What is the procedure for service of documents?
- How do I make sure I have done everything right?
- Where can I get more information?
What is an application for leave to appeal?
In order to appeal a decision of a court of appeal to the “Supreme Court of Canada”, you must, in any civil case and most criminal cases, ask the Supreme Court of Canada for leave (permission) to do so.
This means that you (the “applicant”) must successfully apply to the Supreme Court of Canada for leave to appeal before the appeal itself can be heard. An application for leave to appeal is a document by which you request leave. It must be “filed” with the Registrar and “served” on all other parties.
What are the criteria for granting leave to appeal?
The Supreme Court Act states that an application for leave to appeal may be granted if the Supreme Court of Canada finds that the case
- raises an issue of public importance and
- should be decided by the Supreme Court of Canada.
The case must raise an issue that goes beyond the immediate interests of the parties to the case.
Who decides an application for leave to appeal?
Applications for leave to appeal are usually decided by a panel of three “judges” of the Supreme Court of Canada.
How many applications for leave to appeal are granted?
As many as 600 applications for leave to appeal are filed each year and the Supreme Court of Canada grants approximately 80 of them each year.
Can I go to the Supreme Court of Canada without a lawyer?
Yes. You have the right to represent yourself in the Supreme Court of Canada. You do not, however, have the right to act for another person. Therefore, if you are applying for leave to appeal together with other individuals named as applicants, each of those individuals must sign the notice of application for leave to appeal.
According to Rule 15(3), you may represent a corporation only if
- you were permitted to do so in the court of appeal, or
- you are permitted to do so by a judge of the Supreme Court of Canada. To obtain permission from a judge of the Supreme Court of Canada, you must file a “motion” with the Registrar.
Although you may represent yourself in the Supreme Court of Canada, it would be a good idea to get a “lawyer”, as the procedure is complicated. A lawyer has training and experience, and knows both the procedures and the legal principles that will be relevant to your case. Even if you do represent yourself, you should talk to a lawyer about your case.
Where can I get help?
It is always recommended that you get a lawyer. Only a lawyer can give you legal advice. A lawyer is also in the best position to assist in framing the legal issues, and to give you advice about the process and your chances of success. So even if you do represent yourself, you should talk to a lawyer about your case.
Consult the Law Help Ontario site if you are appealing a case from Ontario, or inquiring about where you may apply for free or low cost legal services.
If you are seeking leave to appeal a case to the Supreme Court and wish to apply for help from the Supreme Court of Canada Leave to Appeal Assistance Project, download the application form. If you are appealing from outside Ontario, you may still apply for assistance and efforts will be made to refer you to local services.
Can I ask the Court for legal assistance?
Yes, but only if you are applying for leave to appeal in a criminal case relating to an indictable offence. In such a case, you may ask the Court to appoint a “counsel” to represent you. However, you should know that this request will be submitted to the Court only if you file your own application for leave to appeal and if you satisfy these two important conditions:
- you have been denied legal aid and
- you have a lawyer who is willing to represent you if your request for the appointment of counsel is granted.
Procedure:
You must “file” the original and five (5) copies of the following package with the Registrar of the Court and “serve” a copy of it on the Crown attorney:
- your application for leave to appeal,
- a motion for the appointment of counsel,
- a copy of a letter from a lawyer who is willing to represent you if he or she is appointed, and
- a copy of the letter from the legal aid office indicating that legal aid has been refused.
Once you have filed and served all the required documents, the Registrar will submit (send) your application for leave to appeal to the Court together with your “motion” for the appointment of counsel.
If the Court decides to grant your motion for the appointment of counsel, your new counsel will be permitted to file and serve an amended (revised) application for leave to appeal.
Simplified procedure:
There is also a simplified procedure for obtaining an order assigning counsel which may be used if the Crown consents:
- Instead of filing a “motion”, you should send a letter to the Registrar explaining why legal assistance is necessary, stating whether you have the means to obtain that assistance, setting out the decision with respect to legal aid and stating the name of the lawyer who is willing to represent you.
- The consent of the Attorney General who is the appellant or applicant in or respondent to the proceeding should be filed with your letter.
If, in the opinion of the Court or the judge, it appears desirable in the interests of justice that you should have legal assistance, an order appointing counsel will be issued.
When can I apply for leave to appeal?
Criminal cases
You may bring an application for leave to appeal from a judgment of a court of appeal that either
- allowed an appeal by the Crown or
- dismissed your appeal from the judgment at trial.
The situations in which the Supreme Court of Canada has “jurisdiction” to grant leave to appeal in a case involving an indictable offence can be found in section 691 of the Criminal Code. If your case concerns a summary conviction offence or if you wish to appeal a sentence, on the other hand, the Court's jurisdiction is set out in section 40 of the Supreme Court Act.
Civil cases
Under section 40 of the Supreme Court Act, you may bring an application for leave to appeal from a final judgment of a court of appeal in a civil case.
If the judgment in your case was rendered by only one judge of the court of appeal, you should contact the court of appeal to ask whether anything remains to be done there before you bring your case to the Supreme Court of Canada.
There are cases in which leave to appeal can be sought from a judgment of a court lower than a court of appeal if no further appeal to the court of appeal is possible. You should contact the court of appeal to ask whether anything remains to be done there before you bring your case to the Supreme Court of Canada.
Are there cases in which I might appeal to the Court without first applying for leave to appeal?
Yes, but this is possible only in certain criminal cases. In an appeal relating to an indictable offence, you may appeal as of right (that is, without first applying for leave to appeal) if
- there is a “dissent” by one of the judges of the court of appeal on a question of law, or
- you were acquitted at trial but the court of appeal then changed the verdict to guilty.
In such a case, your notice of appeal must be filed and served within 30 days of the court of appeal's judgment, together with a copy of the court of appeal's reasons.
If you think you have an appeal as of right, you should contact a lawyer.
Is the judgment I am appealing still in effect after I file an application for leave to appeal?
In most cases, the judgment you are appealing remains in effect even after you have filed an application for leave to appeal. However, this is not always the case. Section 65.1 of the Supreme Court Act allows you to apply for a “stay” of the judgment until the application for leave to appeal is decided. An application for a stay must be made to the court of appeal. If you have any questions about this, you should speak to a lawyer.
Is there a form I can use for an application for leave?
Yes. We encourage you to use the application for leave to appeal sample book (and the reply sample book for your reply). You may either write or type on the designated lines. If you write the information by hand, please write clearly and legibly. You do not have to use the Forms from the Rules if you use the application for leave to appeal sample book.
OR
You may choose to put together your own application for leave to appeal. If you choose this option, you should refer to the following:
- Rules of the Supreme Court of Canada, rules 14, 20 to 28, 32, and 47 to 51, and; forms 14, 20, 25A, 25B, and 25C, and 47;
- Relevant excepts from the Guidelines for Preparing Documents to be filed with the Supreme Court of Canada (Print and Electronic)
What are the basic steps?
1. Filing of your application for leave to appeal
You must “file” the original and five (5) copies of your application for leave to appeal prepared in accordance with Rule 25 of the Rules of the Supreme Court of Canada and all supporting material with the Registrar of the Supreme Court of Canada within 60 days of the date of the court of appeal's judgment. The 60 days are counted from
- the date the judgment was pronounced orally in the court of appeal or,
- if the judgment was not pronounced orally, the date of the written judgment.
The month of July is not counted in calculating this deadline.
The application for leave to appeal must include everything that is shown in the application for leave to appeal sample book. However, the memorandum of argument must not exceed 20 pages.
If you miss your deadline for filing a document, you must file and serve a motion for an extension of time together with an affidavit explaining the reasons for the delay. Your motion for an extension of time will be considered together with your leave application.
2. Service of your application for leave to appeal
You must, within 60 days of the date of the court of appeal's judgment, “serve” a copy of your application for leave to appeal and all supporting material on all parties who were before the court of appeal and are named in the style of cause (See Rule 22(2)) of your application for leave to appeal. If you have chosen in your application for leave to appeal not to name one of the parties who were before the court of appeal, you must nevertheless send a copy of your notice of application for leave to appeal to that party.
3. A Supreme Court file will be opened . . .
A Court file will be opened once your complete application for leave to appeal is filed with the Registrar. An application for leave to appeal is complete once you have complied with all the requirem and has been reviewed by the Registry. An application for leave to appeal is complete once your have complied with all the requirements of the Court's Rules and have filed all the required documents. The Registry will advise you in writing of your file number. You can use that file number to search the Court docket on SCC Case Information.
In some cases, a Court file will be opened if you have complied with most of the requirements of the Rules or if you have filed most of the required documents. However, your application for leave to appeal will be classified as incomplete and you must still file and serve all the required documents and comply with all the requirements of the Rules within 60 days of the court of appeal's judgment. If you miss this deadline, the Registrar may send you a notice advising you that your application for leave to appeal will be dismissed as abandoned unless you get a judge to extend the time to complete your application for leave to appeal.
A Court file will not be opened . . .
if many of the required documents are missing or if the application for leave to appeal book is not assembled properly. The Registrar may return the material to you and this may cause you to miss the deadline for filing.
OR
if your case is not properly before the Supreme Court of Canada: e.g., if you do not have a final judgment from an appeal court or if the Court does not have “jurisdiction”.
4. The other party's response
The other party (“respondent”) may file a response (an original and five (5) copies) and serve it on all other parties within 30 days of the date a file number is assigned to your application for leave to appal. The respondent will be advised in writing.
The month of July and the holiday recess (from December 21 to January 7) are not counted in calculating the deadline for filing and service of the response.
5. Filing and service of your reply
You are permitted to file a reply (an original and five (5) copies) to the respondent's response and serve it on all other parties within 10 days of receiving the response. The memorandum of argument in your reply must not exceed 5 pages. A reply may be prepared in the form of correspondence.
If you miss the deadline for filing your reply, the Court may render a decision without having received your reply.
The month of July and the holiday recess (from December 21 to January 7) are not counted in calculating the deadline for filing and service of your reply.
6. Submission of your application for leave to appeal to the Court for decision
At the expiry of the deadline for filing the reply, your application for leave to appeal, together with the response and reply, will be submitted (sent) by the Registrar to a panel of three judges for decision.
No one may file and serve additional material once the application for leave to appeal has been submitted unless permission is given by the Registrar (Rule 32 of the Rules of the Supreme Court of Canada). To obtain permission, you must file a motion with the Registrar of the Supreme Court of Canada.
7. Do I have to appear in Court?
The whole process is done in writing only. You do not have to appear at the Court to argue your application for leave to appeal. Unless in very rare cases however, the Court may ask that an oral hearing be held. If such an order is made, you will be given advance notice.
In an appeal relating to an indictable offence, you may ask the Court for an oral hearing pursuant to section 43(1.2) of the Act if
- the court of appeal set aside an acquittal and ordered a new trial, and
- you are not otherwise appealing as of right on a question of law on which a judge of the court of appeal has dissented.
8. The Court's decision
Decisions are rendered in writing. You can generally expect the decision in your case to be released between one and three months after your application for leave to appeal was submitted (sent) to the panel of judges. You will receive a telephone call from the Registry a few days before the decision to advise you of the date your judgment will be rendered. You will not receive a second telephone call from the Registry to advise you of the content of the decision. If you wish to be informed of the Court’s decision on the day of the judgment, you may contact the Registry by telephone at 613-996-8666 after the judgment is released. Decisions are usually available on SCC Case Information on the day they are rendered.
You can subscribe to the Court's mailing list in order to be notified.
It will not be necessary for you to come to the Registry to get your judgment. A copy will be sent to you by mail.
The Court does not issue reasons for its decisions to allow or dismiss applications for leave to appeal.
| If the application is... | Then... |
|---|---|
granted |
|
dismissed |
the judgment on the application for leave to appeal is final: |
If your application for leave to appeal is dismissed and you think one of the “exceedingly rare” circumstances exists in your case, we strongly urge you to seek legal advice.
Example of a rare circumstance:
A change was made to the law made at the same time as you were making your application for leave to appeal.
9. Costs
You should be aware that in addition to filing fees paid to the Registrar, you may be ordered to pay costs claimed by the respondent if the Court dismisses your application for leave to appeal.
Costs for applications for leave to appeal range from $800 to over $2000.
Exception:
Costs are generally not ordered in criminal cases.
What is the procedure for filing documents ?
1. What do I have to “file”?
All the required numbers of copies.
2. Where do I file them?
You may file documents at the following address:
Supreme Court of Canada
Attention: Registry Branch, Room 156
301 Wellington Street
Ottawa, Ontario
K1A 0J1
3. When can I file them?
- The Registry is open between 9:00 a.m. and 5:00 p.m. EST, Monday to Friday, except holidays.
- Your material is considered to be filed on the date it is received in the Registry, not the date it is mailed by you.
4. How do I file them?
- You may use a courier, or registered or regular mail, or you may bring your documents to the Registry in person.
- You may not file an application for leave to appeal or a reply, unless the reply is in the form of correspondence, by fax.
- You may not file by e-mail (electronic mail).
5. Do I have to pay to file a document?
- The Court will charge a fee of $75 to file your application for leave to appeal and a fee of $75 to file any “motion” that is not included in your application for leave to appeal book.
- Your cheque or money order must be made payable to the Receiver General for Canada.
What is the procedure for service of documents (Rule 20)?
1. Whom do I have to “serve”?
- Each “counsel” or “agent” of all other parties.
- If a party is not represented by counsel, the party him or herself.
2. What do I have to serve?
- Any documents filed with the Supreme Court of Canada. These include your application for leave to appeal and any document filed in support, and your reply. Letters sent to the Court do not need to be served in accordance with the procedures set out below, but you must always send copies of them to the other parties by regular mail.
- You must also send, by ordinary mail or fax, a copy of your notice of application for leave to appeal to any party in the court appealed from who is not named in the style of cause of the application for leave to appeal.
3. How do I serve them?
- You may serve documents by personal service (this means in person) as long as you file with the Court your original document “endorsed” (signed) on the back cover by the served party.
- You may serve documents by registered or certified mail as long as you file with the Registrar
- application for leave to appeal sample book an “affidavit of service” and
- the post office receipt bearing the tracking number
- You may serve documents by courier as long as you file with the Registrar
- an “affidavit of service” and
- the courier’s way bill and proof of delivery (status of the delivery).
- You may not serve by fax.
- You may not serve by e-mail (electronic mail).
- You may not serve by ordinary mail, with the exception of your reply which can be served by ordinary mail. If you serve your reply by ordinary mail, you must file with the Registry an “affidavit of service”.
4. When can I serve them?
Any weekday other than a holiday.
5. What happens if I miss a deadline for filing and service?
If you miss a deadline, you must file and serve
- a motion for an extension of time and
- an “affidavit” explaining the reasons for the delay.
Samples of a “motion” for an extension of time and an affidavit are included in the a.
How do I make sure I have done everything right?
Take it one step at a time and do not be afraid to ask for help from the Registry's staff. Although Registry staff cannot give you legal advice about your case, they will answer any questions you have about procedure. You should contact a “lawyer” for legal advice.
Where can I get more information?
You may contact the Registry either by telephone at 613-996-8666 or 1-888-551-1185 between 9:00 a.m. and 5:00 p.m. EST, Monday to Friday, except on holidays, or by e-mail at registry-greffe@scc-csc.ca, if you have questions about your applications for leave to appeal.
Although every effort will be made to assist you by providing information about the procedure to be followed in an application for leave to appeal, Supreme Court of Canada staff cannot give you legal advice.
You are advised to contact a “lawyer” if you are unsure about
- what legal arguments to make or
- what supporting documentation should be filed.