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
In Force On January 1, 2014
(SOR/2013-175)

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

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. These guidelines contain a table entitled Specific Requirements for Documents that can be used as a quick reference tool.

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 Resources for Self-Represented Litigants on the Court's Website for self-help assistance. Templates which simplify the preparation of documents can be found there.  Self-represented litigants are not required to file electronic documents.


Electronic or Print Format?

With the exception of correspondence with the Registry, documents filed in proceedings must be filed in print format, and most of them must also be filed in electronic format.  Correspondence relating to proceedings can be sent to the Court by fax or electronic mail (email). If sent by email, it can be set out in the body of the message or included as an attachment, and it is not necessary to provide a print copy. 

The electronic version of every document filed in a proceeding must be a true representation of the printed version.  In an appropriate case, this requirement can be waived by the Court, a judge or the Registrar on a motion (Rule 47). The original printed version will be considered the official version.

Specific requirements are:

Appeals:

All documents must be filed in print format, and an electronic copy of each of the following documents must also be filed on a CD/DVD-ROM:

  • notice of appeal,
  • factum,
  • record, and
  • book of authorities.

Applications for Leave to Appeal:

All documents must be filed in print format, and an electronic copy of each of the following documents must also be filed on a CD/DVD-ROM or as attachments to an email:

  • in the case of the application itself, the notice of application for leave to appeal (in a separate electronic file), and
  • in the case of the application and of any response or reply, the cover (Form 1) and the memorandum of argument (combined in a single electronic file).

N.B.:  For the electronic copy, do not reproduce the entire application for leave to appeal or the entire response.  The Court requires only the notice of application for leave to appeal and the cover and the memorandum of argument.

Motions:

1. Motions to a judge or the Registrar

All these documents must be filed in electronic format on a CD/DVD-ROM or as attachments to an email, and in print format by hand delivery, mail or courier:

  • motion and supporting material, including a draft order,
  • response, and
  • reply.

If a motion to a judge or the Registrar is filed by fax, the electronic and printed versions must also be filed.

2. Motions before the Court

All these documents must be filed in print format by hand delivery, mail or courier (an electronic version is optional):

  • motion and supporting material, and
  • response.

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, each one in a separate volume.  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, in the top right-hand corner;
    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 email 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. for each judgment listed in the table of contents, the neutral citation, if any, followed by any parallel reported citation;
    3. in the case of a judgment given without recorded reasons, the phrase "no recorded reasons" in the column for page numbers;
    4. in the case of a book of authorities, the tabs and references for each authority; and
    5. if a judgment or other authority is available electronically, the URL of the Website or electronic database (embedding links in the electronic version is permitted, and in fact encouraged).
  • Lower-case Roman numerals should be used in numbering the pages within a table of contents.

Paragraph and Page Numbers, and Volumes

  • Every paragraph in Parts I to V of a memorandum of argument on an application for leave to appeal, of a memorandum of argument on a motion, and of a factum on an appeal must be numbered consecutively in the left margin.
  • In every document, except for books of authorities, 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).
  • If a printed document contains tabs or dividers, the numbering must remain consecutive, irrespective of the tabs or dividers. 
  • 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).
  • Volumes must be numbered using 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 the original printed version 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/DVD-ROM or, when permitted by the Rules, as an attachment to an email.
  • Text that is scanned to PDF format must use the Optical Character Recognition (OCR) feature. Using the OCR feature will ensure that your scanned PDF version is searchable (if the document is created with word processing software and saved as a PDF file, it should automatically be searchable). To confirm that your document is searchable, use the word search feature of any software designed to view PDF documents.
  • When paper documents are scanned, the resolution must be set to 300 dpi and must not be set to grayscale.
  • An electronic document must not exceed 75 megabytes (MB); an attachment to an email must not exceed 10 megabytes (MB).  Please contact the Registry Branch's Case Analyst, at 613-992-3202, or the Registry Branch at 613-996-8666, for further information or if you are having difficulties emailing an attachment.

Bookmarks and Hyperlinking

  • Bookmarks (see Bookmarks for Electronic Documents on Appeal) are essential for appeal documents.  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.
  • If, in the printed version, you have highlighted a passage by underlining it or by placing a vertical line in the margin, you must create a sub-bookmark for that passage.
  • Hyperlinking to Websites is permitted, and in fact encouraged.  However, any information to which you link must also be reproduced in the material you file.
  • Hyperlinks to information within a same document are permitted.
  • Hyperlinks between documents are not permitted because such links will not function once the document is uploaded into the Court's electronic document management system. 

Volumes

  • 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.

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 ensure that their documents are accessible to people who use assistive technology.  Instructions on how to do this can be found in your application's user guide.

Checklist: Things to Do Before Saving a Document

  • Deactivate any security settings in a document.  Instructions on how to do this can be found in your application's user guide.
  • 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.
  • Ensure that your scanned PDF version is in OCR format and is searchable (see above, under “Technical Requirements”).
  • Enable the "commenting" functionality for the PDF document.
  • Do not use the following characters in file names when saving documents: ` ~ ! @ # $ % ^ & * () + = [] {} : ; ' , ? | " /

How to File an Electronic Document on a CD/DVD-ROM

  • The electronic version of a document and, in the case of a factum or of a memorandum of argument in an application for leave to appeal*, the accompanying Electronic Filing Form: Factums on Appeal and Memorandums of Argument on Application for Leave to Appeal must be filed on a CD/DVD-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 8:00 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/DVD-ROM, but individual documents and volumes of documents must be saved under separate file names.
  • If an electronic document being filed
    • is subject to a sealing or confidentiality order from a lower court or the Supreme Court of Canada or is classified as confidential by legislation, or if it contains a document or reveals information that is subject to such an order or is classified as confidential by 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/DVD-ROM in a sealed envelope and be accompanied by a covering letter and, if necessary, by an updated Form 23A.  The cover of the document (both the printed and the electronic versions), the CD/DVD-ROM and the CD/DVD-ROM's container must be marked “Sealed” or “Confidential”.  A redacted electronic version (and printed version) for the public record must also be filed; the word “Redacted” must appear within the two horizontal lines on its cover.
  • Both the CD/DVD-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/DVD-ROM inside the cover of the printed version of any document.

 

How to File an Electronic Document as an Attachment to an Email

  • Emails must be sent to Registry-Greffe@scc-csc.ca. The email's subject line must include the Court's file number.
  • Only documents that are not required to be bound can be filed as attachments to an email (e.g. a motion to a judge or the Registrar, or a memorandum of argument at the application for leave stage).  Appeal documents cannot be filed as attachments to an email; they must be filed on a CD/DVD-ROM.

Do not send the following types of documents to the Court by email:

  • any document that is subject to a sealing or confidentiality order from a lower court or the Supreme Court of Canada or is classified as confidential by legislation, or that contains a document or reveals information that is subject to such an order or is classified as confidential by legislation (information — in, for example, a case involving national security matters — which, if disclosed, could cause injury to the national interest).
  • See How to File an Electronic Document on a CD/DVD-ROM.

Electronic Filing Form: Factums on Appeal and Memorandums of Argument on Leave

An Electronic Filing Form: Factums on Appeal and Memorandums of Argument on Application for Leave to Appeal must be filed at the application for leave to appeal stage for the electronic version of the memorandum of argument in the application for leave to appeal, the response, or the reply, as the case may be.  The form must be  included on the CD/DVD-ROM in a separate file or as an attachment to the e-mail containing the memorandum of argument.  Do not file a printed version of this form.  If leave to appeal is granted and the memorandum of argument contains information that cannot be posted on the Internet, a redacted electronic version and an Electronic Filing Form: Factums on Appeal and Memorandums of Argument on Application for Leave to Appeal must be filed within 30 days after leave to appeal is granted.

On an appeal, an Electronic Filing Form: Factums on Appeal and Memorandums of Argument on Application for Leave to Appeal must be filed for each electronic factum.  If the factum contains multiple volumes, only one electronic filing form is required for all the volumes of that factum. The form must be included on the CD/DVD-ROM in a separate file.  Do not file a printed version of this form.

Condensed Book

The printed version of a condensed book must be filed at the hearing of the appeal (refer to the Specific Requirements for Documents table for the number of copies).  The filing of an electronic version of a condensed book is encouraged and may be filed at the hearing on a CD/DVD-ROM or following the hearing as an attachment to an email.

Serving the Electronic Document

  • If service is required, both the printed and electronic versions 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.
  • 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.
  • Correspondence is not required to be served.  It must be sent by hand delivery, mail or courier to the last known address or, if the address for service of the recipient party includes a fax number or an email address, by fax transmission to the last known fax number or by email to the last known email address.
  • If the electronic version of a memorandum of argument is filed for posting on the Internet after leave to appeal has been granted, a copy of that version does not need to be served.

Filing Deadlines

  • For time limits for filing documents, refer to the Time Limits for Filing Documents table.
  • Appeals: The electronic version of an appeal document must be received no later than five working days after the printed version is filed. The printed version must be filed by the applicable deadline.
  • Applications for leave to appeal: The electronic version of the notice of application for leave to appeal and, in a separate file, the electronic version of the cover and the memorandum of argument in the application for leave to appeal, the response and the reply, as the case may be, must be received no later than five working days after the printed version is filed.  The printed version must be filed by the applicable deadline. If leave to appeal is granted, the memorandums of argument will be posted on the Internet.  Therefore, if a memorandum of argument contains information that cannot be posted on the Internet, a redacted electronic version must be filed within 30 days after leave to appeal is granted.
  • Motions to a judge or the Registrar:  The printed version of a motion to a judge or the Registrar, or of a response to or a reply with respect to such a motion, must be received no later than five working days after the electronic version is filed.  If filed by fax, these documents must also be filed by email and in print format no later than five working days after having been filed by fax.  Either the electronic, the printed or the fax version must be filed by the applicable deadline.
  • Motions before the Court:  The printed version of a motion before the Court or of a response to such a motion must be filed in print format by the applicable deadline.  Filing the electronic version is optional.
  • The Court's Registry is open from 8:00 a.m. to 5:00 p.m. Eastern Time (standard time or daylight saving time, as the case may be).
  • A document that is filed by fax transmission or by email is deemed to have been filed on the day on which it is received, unless it is received between 5:00 p.m. and 12:00 a.m. local time or on a day that is a holiday, in which case it is deemed to have been filed the following day that is not a holiday.

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 613-996-7810 for instructions if any of their documents

  • are subject to a sealing or confidentiality order from a lower court or  the Supreme Court of Canada or are classified as confidential by legislation, or contain a document or reveal information that is subject to such an order or is classified as confidential by legislation (information — in, for example, a case involving national security matters — which, if disclosed, could cause injury to the national interest), or
  • include 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 or confidential 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 classified as confidential by 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 classified as confidential by 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 and Memorandums of Argument on Leave

The electronic versions of factums and memorandums of argument on leave are posted on the Court's Website.  As a best practice, where possible, documents 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 or a memorandum of argument, a redacted electronic version that omits the sensitive information must be provided for the purpose of posting the document on the Court's Website.  A printed version of the redacted document is not required.

For further information about the principles governing access to factums and memorandums of argument on the Court's Website, please consult the Policy for Access to Supreme Court of Canada Court Records.

Redacting Documents

When you file a redacted document, make sure that the text you do not want revealed is not in fact still in the PDF file. Text that is merely covered up by black rectangles is not deleted. In a properly redacted document, the purpose of blacking text out is to indicate clearly that text has been deleted and to show readers the location and extent of the deletion.

An attempt to redact text will be unsuccessful if sensitive content is blocked using a method that merely covers up the text so that it is no longer visible on the screen, but that allows readers to access the content by copying and pasting.

There are many ways to redact text, and many tools are available, but the Court does not endorse any one method over another. For example, Adobe Professional 8 or higher includes in the advanced options a tool for redacting electronic documents by means of an automatic search feature that marks designated text or metadata. Other PDF software may have similar features. Step-by-step instructions on redacting documents can be found in your application's user guide.

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.
  • 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 Branch's Case Analyst at 613-992-3202.


Specific Requirements for Documents

Application for leave to appeal, respondent's response, applicant's reply and notice of appeal

  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: 1 copy of notice of application for leave to appeal and, in separate documents, memorandum of argument with cover, and Electronic Filing Form: Factums on Appeal and Memorandums of Argument on Application for Leave to Appeal

Form 14, Form 23A and, if applicable, Form 23B, filed as separate documents in print and electronic formats

Printed: Original and 5 copies (unless in form of correspondence)

Electronic: 1 copy of memorandum of argument with cover and, in separate document, Electronic Filing Form: Factums on Appeal and Memorandums of Argument on Application for Leave to Appeal

Form 14, Form 23A and, if applicable, Form 23B, filed as separate documents in print and electronic formats

Printed: Original and 5 copies (unless in form of correspondence)

Electronic: 1 copy of memorandum of argument with cover and, in separate document, Electronic Filing Form: Factums on Appeal and Memorandums of Argument on Application for Leave to Appeal

Form 14, Form 23A and, if applicable, Form 23B, filed as separate documents in print and electronic formats  

Printed:Original and 1 copy

Electronic: 1 copy

The electronic copy may be filed with the other appeal documents

For appeal as of right, Form 23A and, if applicable, Form 23B, filed as separate documents in print and electronic formats

Number of copies to be served

Printed: 1  copy on all other parties

Electronic: 1 copy of notice of application for leave to appeal and cover and memorandum of argument on all other parties

Printed: 1 copy on all other parties

Electronic: 1 copy of memorandum of argument on all other parties

Printed: 1 copy on all other parties

Electronic: 1 copy of memorandum of argument on all other parties

Printed: 1  copy on all other parties

Electronic: 1 copy on all other parties
Unless counsel being served is willing to accept service of one version only (subrules 20(2) and (7))
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 and appellant's record

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 and Electronic Filing Form: Factums on Appeal and Memorandums of Argument on Application for Leave to Appeal

A redacted electronic version is required if factum is not suitable for posting on the Internet.   Two redacted printed copies for the public record, together with a revised Form 23A, are also required if the factum includes information that is subject to a sealing or confidentiality order or is classified as confidential by legislation, or information that is subject to limitations on public access by virtue of legislation.

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 Part I; 11 copies of all other parts

Electronic: 1 copy

Form 24A in print and electronic formats. A redacted electronic version and two redacted printed copies for the public record, together with a revised Form 23A, are required if the record includes information that is subject to a sealing or confidentiality order or is classified as confidential by legislation, or information that is subject to limitations on public access by virtue of legislation.

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

Unless counsel being served is willing to accept service of one version only (subrules 20(2) and (7))

Bookmarks (Electronic Versions)

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, book of authorities and condensed book

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

Printed:  Original and 11 copies

Electronic: 1 copy

Form 24B in print and electronic formats.

A redacted electronic version and two redacted printed copies for the public record, together with a revised Form 23A, are required if the record includes information that is subject to a sealing or confidentiality order or is classified as confidential by legislation, or information that is subject to limitations on public access by virtue of legislation.

Printed: 11 copies

Electronic: 1 copy

Printed: 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

Unless counsel being served is willing to accept service of one version only (subrules 20(2)and (7))

Bookmarks (Electronic Versions)

Mirror items in the table of contents in each volume of a document. 

At a minimum, each Part 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

Motions and response to motions

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
(Rules 52 and 53)
Response to Motion before the Court
(Rule 54)
Number of copies to be filed

Printed: Original and 1 copy, unless filed or submitted with application for leave, then 4 additional copies

Electronic:  1 copy  

If originating motion, Form 14, Form 23A and, if applicable, Form 23B, filed as separate documents in print and electronic formats

Printed: Original and 1 copy, unless filed or submitted with application for leave, then 4 additional copies

Electronic: 1 copy

If originating motion, Form 14, Form 23A and, if applicable, Form 23B, filed as separate documents in print and electronic formats

Printed: Original and 14 copies

Electronic: Optional

Printed: Original and 14 copies

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

Electronic:  n/a

Printed:  1  copy on all other parties

Electronic:  n/a

Unless counsel being served is willing to accept service of one version only (subrules 20(2)and (7))

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


Bookmarks for Electronic Documents on Appeal

Factum

Bookmarks

  • Title of Document
  • Table of Contents
  • Part I – Overview and Facts
  • Part II – Issues
  • Part III – Argument
  • Part IV – Costs
  • Part V – Orders Sought
  • Part VI – Table of Authorities
  • Part VII – Legislation at Issue
    • 1. Statute
    • 2. Statute

Record

Bookmarks

  • Title of Document
  • Table of Contents
  • Part I* – Judgments of Courts
    • Formal Judgment
    • Reasons for Judgment
  • Part II – Pleadings, Orders...
  • Part III – Evidence
  • Part IV – Exhibits

*Not included in respondent's record. Parts II, III and IV are numbered I, II, and III in the respondent's record.

Book of Authorities

Bookmarks

  • Title of Document
  • Table of Contents
  • 1. Authority Name
  • 2. Authority Name
  • 3. Authority Name

Form 1 (Cover)

Form 1 in HTML format

Form 1 in Word format


Time Limits for Filing Documents

Leave to appeal stage
To serve and file You have From Provisions of the Supreme Court Act and Rules
Application for leave to appeal 60 days Date of judgment appealed from s. 58(1)(a)
Respondent's or intervener's response 30 days Date file is opened Rule 27(1)
Applicant's reply  10 days Service of respondent's or intervener'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*
To serve and file You have From Provisions of the Supreme Court Act and Rules
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 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)
Appellant'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 appellant'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(2), 43(1)(a)
Respondent's record 8 weeks Service of appellant'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 Rule 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

*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.

 

Motions to a judge or the Registrar
To serve and file You have From Provisions of the Supreme Court Act and Rules
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 
To serve and file You have From Provisions of the Supreme Court Act and Rules
Respondent's response to motion 10 days Service of motion Rule 54

 


Checklist for Most Commonly Filed Documents

Application for leave to appeal

Application for leave to appeal (Rule 25)

  • Form 25 – Notice of application for leave to appeal (print and electronic formats)
  • Form 14 – Notice of name (filed as separate document in print and electronic formats)
  • Form 23A – Certificate (on limitations on public access) (filed as separate document in print and electronic formats)
  • Form 23B – Certificate (that it may be inappropriate for a judge to take part in the adjudication) (if applicable) (filed as separate document in print and electronic formats)
  • Formal judgments or orders and reasons of lower courts (in print format only)
  • Memorandum of argument (Rule 25(1)(c)) (print and electronic formats)
    • 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 of $75
  • Electronic Filing Form: Factums on Appeal and Memorandums of Argument on Application for Leave to Appeal (not required to be filed in print format)

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

  • Form 14 – Notice of name (filed as separate document in print and electronic formats)
  • Form 23A – Certificate (on limitations on public access) (filed as separate document in print and electronic formats)
  • Form 23B – Certificate (that it may be inappropriate for a judge to take part in the adjudication) (if applicable) (filed as separate document in print and electronic formats)
  • Memorandum of argument (Rule 27(2)(a)) (print and electronic formats)
    • 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
  • Electronic Filing Form: Factums on Appeal and Memorandums of Argument on Application for Leave to Appeal (not required to be filed in print format)

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

Appeals

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

  • Form 33 – Notice of appeal (print and electronic formats)
  • Revised Form 23A – Certificate (on limitations on public access) (filed as separate document in print and electronic formats), if the original Form 23A needs to be updated

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) (print and electronic formats)
  • Form 14 – Notice of name (filed as separate document in print and electronic formats)
  • Form 23A – Certificate (on limitations on public access) (filed as separate document in print and electronic formats)
  • Form 23B – Certificate (that it may be inappropriate for a judge to take part in the adjudication) (if applicable) (filed as separate document in print and electronic formats)
  • Formal judgment and reasons for judgment appealed from
  • Filing fee of $75

Factum (Appellant and Respondent - Rule 42) (print and electronic formats)

  • Part I – Concise overview of position and concise 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
  • Electronic Filing Form: Factums on Appeal and Memorandums of Argument on Application for Leave to Appeal (not required to be filed in print format)
  • Revised Form 23A – Certificate (on limitations on public access) (filed as separate document in print and electronic formats), if the original Form 23A needs to be updated

Factum (Intervener - Rule 42) (print and electronic)

  • Part I – Concise overview of position with respect to the questions on which the intervener has intervened, including a concise statement of the facts relevant to those questions
  • Part II – Concise overview of intervener's position with respect to the appellant's questions on which intervener has intervened
  • Part III – Statement of argument
  • Part IV – Not applicable
  • Part V – Request for permission to present oral argument, if not yet determined; Part V must not consist of any statement with respect to the outcome of the appeal unless otherwise ordered by a judge
  • 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
  • Electronic Filing Form: Factums on Appeal and Memorandums of Argument on Application for Leave to Appeal (not required to be filed in print format)
  • Revised Form 23A – Certificate (on limitations on public access) (filed as separate document in print and electronic formats), if the original Form 23A needs to be updated

Record (Appellant - Rule 38) (print and electronic formats)

  • Form 24A – Certificate of counsel (on content of record) (filed as separate document in print and electronic formats)
  • Part I –Formal judgments and reasons of lower courts (including charge to jury, if any)
  • Part II – Pleadings, orders, entries (including any order stating a constitutional question)
  • Part III – Evidence, including transcripts and affidavits
  • Part IV – Exhibits
  • Revised Form 23A – Certificate (on limitations on public access) (filed as separate document in print and electronic formats), if the original Form 23A needs to be updated

Record (Respondent - Rule 39) (in print and electronic formats)

  • Form 24B – Certificate of counsel (on content of record) (filed as separate document in print and electronic formats)
  • Part I – Pleadings, orders, entries
  • Part II – Evidence, including transcripts and affidavits
  • Part III – Exhibits
  • Revised Form 23A – Certificate (on limitations on public access) (filed as separate document in print and electronic formats), if the original Form 23A needs to be updated

Motions (application for leave to appeal or appeal)

Motions (Rule 47 or 52) (print and electronic formats for motion to a judge or the Registrar; print format (electronic version optional) for motion before the Court)

  • Form 47 or Form 52 – Notice of motion
  • Form 23A – Certificate (on limitations on public access) (for originating motion, and for all other motions if original Form 23A needs to be updated, filed as separate document in print and electronic formats)
  • Form 23B – Certificate (that it may be inappropriate for a judge to take part in the adjudication) (if applicable) (for originating motion, filed as separate document in print and electronic formats)
  • 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)
  • Draft of the order being sought, except in the case of a motion for leave to intervene or a motion to state a constitutional question
  • Documents relied upon
  • Counsel's signature on the original printed version
  • Filing fee of $75