Rules of the Supreme Court of Canada (SOR/2002-156)

Service and Filing of Notice of Appeal

• 34 (1) In addition to the service required under paragraph 58(1)(b) of the Act, the appellant shall send to any party in the court appealed from who is not named in the style of cause referred to in subrule 22(3) a copy of the notice of appeal by ordinary mail, fax or email to the last known address, last known fax number or last known email address.

• (2) The appellant shall file with the Registrar the original and one copy of the printed version of the notice of appeal together with an affidavit setting out the names of the parties referred to in subsection (1) and the addresses or fax numbers to which the copies were sent.

• (3) The appellant shall file with the Registrar one copy of the electronic version of the notice of appeal.

Service and Filing of Appellant’s Documents

• 35 (1) Within eight weeks after the notice of appeal is filed, the appellant shall

  • (a) serve on all other parties one copy of the electronic version of the appellant’s notice of appeal, factum, record (except for Part V) and, if any, a book of authorities;

  • (b) file with the Registrar

    • (i) one copy of the electronic version of the appellant’s factum, record and, if any, a book of authorities,

    • (ii) the original and 23 copies of the printed version of the factum and 20 copies of the printed version of any volume of the record containing Part I,

    • (iii) two copies of all other volumes of the printed version of the record, and

    • (iv) two copies of the printed version of the book of authorities, if any; and

  • (c) file with the Registrar a redacted copy of the electronic version of the appellant’s factum, if the factum contains any of the documents and information identified in the certificate filed in accordance with subrule 23(3).

• (2) Within two weeks after being served under paragraph 36(2)(a) with a respondent’s factum that includes a factum in a cross-appeal, the appellant may serve and file, in accordance with paragraph (1)(a), subparagraphs (1)(b)(i) and (ii) and paragraph (1)(c), a factum in response to the cross-appeal.

• (3) Within two weeks after being served with the factum referred to in subrule 29(3), the appellant may serve and file, in accordance with paragraph (1)(a), subparagraphs (1)(b)(i) and (ii) and paragraph (1)(c), a factum in response.

Service and Filing of Respondent’s Documents

• 36 (1) Within eight weeks after the service of the appellant’s record, the respondent shall

  • (a) serve on all other parties one copy of the electronic version of the respondent’s record (except for Part IV); and

  • (b) file with the Registrar one copy of the electronic version and two copies of the printed version of the respondent’s record.

• (2) Within eight weeks after the service of the appellant’s factum, the respondent shall

  • (a) serve on all other parties one copy of the electronic version of the respondent’s factum and, if any, a book of authorities;

  • (b) file with the Registrar

    • (i) one copy of the electronic version of the respondent’s factum and, if any, a book of authorities,

    • (ii) the original and 23 copies of the printed version of the respondent’s factum, and

    • (iii) two copies of the printed version of the respondent’s book of authorities, if any; and

  • (c) file with the Registrar a redacted copy of the electronic version of the respondent’s factum, if the factum contains any of the documents and information identified in the certificate filed in accordance with subrule 23(3).

  • (d) [Repealed, SOR/2016-271, s. 23]

Service and Filing of Intervener’s Documents

37 Within six weeks after the making of the order granting leave to intervene for an intervener referred to in subparagraph 22(3)(c)(ii) and after the service of the appellant’s factum for an intervener referred to in subparagraph 22(3)(c)(i) or (iv), or within 16 weeks after the filing of a notice of intervention under subrule 33(4) for an intervener referred to in subparagraph 22(3)(c)(iii), as the case may be, the intervener shall

• (a) serve on all other parties one copy of the electronic version of the intervener’s factum and, if any, a book of authorities;

• (b) file with the Registrar

  • (i) one copy of the electronic version of the intervener’s factum and, if any, a book of authorities,

  • (ii) the original and 23 copies of the printed version of the intervener’s factum, and

  • (iii) two copies of the printed version of the intervener’s book of authorities, if any; and

• (c) file with the Registrar a redacted copy of the electronic version of the intervener’s factum, if the factum contains any of the documents and information identified in the certificate filed in accordance with subrule 23(3).

Documents on Appeal and Cross-Appeal

Appellant’s Record

• 38 (1) An appellant’s record shall be bound and consist of the following parts:

  • (a) Part I, copies of the following documents:

    • (i) in chronological order, all formal judgments issued by the lower courts in respect of the case in question and the respective reasons for judgment, if any,

    • (ii) any order from the Court or judgment granting leave to appeal,

    • (iii) any notice of constitutional question referred to in subrule 33(2), and

    • (iv) in the case of a criminal matter, any information or indictment and the complete charge to the jury, if this is necessary to raise the question for the decision of the Court;

  • (b) Part II, any pleadings, orders and entries, in chronological order;

  • (c) Part III, evidence, including excerpts of transcripts unless the transcripts are reproduced in full in accordance with subrule (2), and affidavits; and

  • (d) Part IV, exhibits, in the order in which they were filed at trial.

• (2) Instead of excerpts of transcripts reproduced in Part III, the record may contain transcripts reproduced in full in a separate document clearly marked as Part V.

• (3) Parts II to V of the record shall contain only the documents that are necessary to raise the question for the decision of the Court and, if available, those documents shall be filed in both official languages.

• (4) All documents in a record shall be reproduced in full, other than the excerpts of transcripts that are reproduced in Part III.

• 38.1 (1) Despite these Rules, instead of including Parts II, III and IV in the appellant’s record, the appellant may file the record filed with the court appealed from if that record consists of 10 or more volumes.

• (2) An appellant who chooses to file the record filed with the court appealed from shall serve on all other parties one copy of the electronic version and shall file the same with the Registrar.

• (3) The appellant shall only file the printed version of the record on demand of the Court.

• (4) Despite these Rules, if the appellant chooses to file the record filed with the court appealed from, the respondent is not required to serve or file a respondent’s record.

Respondent’s Record

• 39 (1) A respondent’s record shall be bound and consist of the following parts:

  • (a) Part I, any pleadings, orders and entries, in chronological order;

  • (b) Part II, evidence, including excerpts of transcripts unless the transcripts are reproduced in full in accordance with subrule (2), and affidavits; and

  • (c) Part III, exhibits, in the order in which they were filed at trial.

  • (d) [Repealed, SOR/2013-175, s. 27]

• (2) Instead of excerpts of transcripts reproduced in Part II, the record may contain transcripts reproduced in full in a separate document clearly marked as Part IV.

• (3) The record shall contain only the documents that are not already included in the appellant’s record and are necessary to raise the question for the decision of the Court and, if available, those documents shall be filed in both official languages.

• (4) All documents in a record shall be reproduced in full, other than excerpts of transcripts that are reproduced in Part II.