Resources for Self-Represented Litigants
Questions and Answers for Self-Represented Litigants Who Have Been named as Respondents on an Application 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?
- Is the judgment being appealed still in effect after the applicant has filed an application for leave to appeal?
- Is there a form I can use for a response?
- What are the basic steps?
- What is the procedure for filing documents?
- What is the procedure for service of documents?
- What happens if I miss a deadline for filing and service?
- 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 in a civil case to the “Supreme Court of Canada”, the person wishing to appeal (the “applicant”) must ask the Supreme Court of Canada for leave (permission) to do so.
This means that 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 the applicant requests 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. You may represent a corporation if you were permitted to do so in the court of appeal or if you are permitted to do so by a judge of the Supreme Court of Canada. To obtain permission, you must file a “motion” with the Registrar of the Supreme Court of Canada.
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.
Is the judgment being appealed still in effect after the applicant has filed an application for leave to appeal?
In most cases, the judgment the applicant is appealing remains in effect even after the applicant has filed an application for leave to appeal. However, this is not always the case. Section 65.1 of the Supreme Court Act allows the applicant 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.
Is there a form I can use for a response?
Yes. We encourage you to use the response sample book. 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 response sample book.
or
You may choose to put together your own response and supporting documents. If you choose this option, you should refer to the following:
- Rules of the Supreme Court of Canada, rules 14, 20 to 28, 32, 47 to 51; and forms 14, 20, 25B, 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 the application for leave to appeal
The applicant must “file” the original and five (5) copies of the application for leave to appeal 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.
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 may be considered either separately or together with the application for leave to appeal.
2. Service of the application for leave to appeal
The applicant must serve you with a copy of the application for leave to appeal and all supporting material within 60 days of the date of the court of appeal's judgment.
3. A Supreme Court file will be opened . . .
A Court file will be opened once a complete application for leave to appeal is filed with the Registrar. An application for leave to appeal is complete once the applicant has complied with all the requirements of the Court's Rules and has filed all the required documents. The Registry will advise you in writing of the file number. You can use that number to search the Court docket on SCC Case Information.
In some cases, a Court file will be opened if the applicant has complied with most of the requirements of the Rules or has filed most of the required documents. However, the application for leave to appeal will be classified as incomplete and the applicant will still have to 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 the applicant misses this deadline, the Registrar may send the parties a notice advising them that the application for leave to appeal will be dismissed as abandoned unless the applicant gets a judge to extend the time to complete the application for leave to appeal.
A Court file will not 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 the applicant and this may cause the applicant to miss the deadline for filing.
or
if the case is not properly before the Supreme Court of Canada:- e.g., if the applicant does not have a final judgment from an appeal court or the Court does not have “jurisdiction”.
4. Filing and service of your response
If you are named as a “respondent”, you may “file” a response (an original and five (5) copies) and “serve” it on all other parties within 30 days of being served with the application for leave to appeal, or in the case of an applicant who is also not represented by counsel within 30 days of the date a file number is assigned in this matter. You will receive a copy of the letter to the applicant confirming the file number as soon as it is assigned.
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 response.
5. Filing and service of the reply
The applicant is permitted to file a reply (an original and five (5) copies) to your response and serve it on all other parties within 10 days of being served with your response.
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 reply.
6. Submission of the application for leave to appeal to the Court for decision
At the expiry of the deadline for filing the reply, the 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 against the 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.
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 the 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: |
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 applicant if the Court grants the application for leave to appeal.
Costs for applications for leave to appeal range from $800 to over $2000.
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?
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 on 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 a response 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 a “motion”.
- Your cheque or money order must be made payable to the Receiver General for Canada.
What is the procedure for service of documents?
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 response. Letters sent to the Court, do not need to be served in accordance with the procedure set out below, but you must always send copies of them to the other parties by regular mail.
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
- an “affidavit of service” (see Form 20) or
- 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 the post office receipt bearing the tracking number.
- You may serve documents by courier as long as you file with the Registrar 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 serve a response by regular mail as along as you file with the Registrar an "affidavit of service".
4. When can I serve them?
Any weekday other than a holiday.
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 response sample book.
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 the response.
Although every effort will be made to assist you by providing information about the procedure to be followed, 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.