Vol. 147, No. 22 — October 23, 2013

Registration

SOR/2013-175 October 9, 2013

SUPREME COURT ACT

Rules Amending the Rules of the Supreme Court of Canada

Pursuant to subsection 97(1) of the Supreme Court Act (see footnote a), the undersigned judges of the Supreme Court of Canada make the annexed Rules Amending the Rules of the Supreme Court of Canada.

Ottawa, October 7, 2013

THE RIGHT HONOURABLE BEVERLEY MCLACHLIN
THE HONOURABLE LOUIS LEBEL
THE HONOURABLE ROSALIE SILBERMAN ABELLA
THE HONOURABLE MARSHALL ROTHSTEIN
THE HONOURABLE THOMAS ALBERT CROMWELL
THE HONOURABLE MICHAEL J. MOLDAVER
THE HONOURABLE ANDROMACHE KARAKATSANIS
THE HONOURABLE RICHARD WAGNER
Judges of the Supreme Court of Canada

RULES AMENDING THE RULES OF THE SUPREME COURT OF CANADA

AMENDMENTS

1. Rule 2 of the Rules of the Supreme Court of Canada (see footnote 1) is amended by adding the following in alphabetical order:

“last known address” means the address that appears on the most recently filed document, whether it is a document filed in the Court or in the court appealed from, or, if applicable, on the notice of change that was most recently served and filed in accordance with Rule 17.1. (dernière adresse connue)

“last known email address” means the email address that appears on the most recently filed document, whether it is a document filed in the Court or in the court appealed from, or, if applicable, on the notice of change that was most recently served and filed in accordance with Rule 17.1. (dernière adresse de courriel connue)

“last known fax number” means the fax number that appears on the most recently filed document, whether it is a document filed in the Court or in the court appealed from, or, if applicable, on the notice of change that was most recently served and filed in accordance with Rule 17.1. (dernier numéro de télécopieur connu)

2. Subrule 5(3) of the Rules is replaced by the following:

(3) The month of July shall not be included in the computation of time under these Rules except for the service and filing of a record, factum or book of authorities on an appeal or a cross-appeal under Rules 35 to 37 and a motion for intervention under paragraph 56(b), including any response or reply, and the service of a notice of constitutional question under subrule 61(2).

3. Rule 9 of the Rules is replaced by the following:

9. The Registry of the Court shall be open every day except holidays from 8:00 a.m. to 5:00 p.m. local time unless otherwise directed by the Registrar.

4. Rule 14 of the Rules is replaced by the following:

14. In the case of an application for leave to appeal, an appeal referred to in paragraph 33(c) or (d) or an originating motion, any party who is a corporation, a partnership or an unincorporated association shall file with the Registrar a notice of name in Form 14 to confirm its name in each of the official languages or to certify that it does not have a bilingual name.

5. Paragraph 15(3)(a) of the Rules is replaced by the following:

6. Subrule 16(1) of the Rules is replaced by the following:

16. (1) A party to an appeal or to a reference to the Court shall only conduct business with the Registrar through an agent.

7. Subrule 17(1) of the French version of the Rules is replaced by the following:

17. (1) Une partie peut changer de procureur ou de correspondant en indiquant le nom de son nouveau procureur ou correspondant sur l’acte introductif d’instance ou, une fois la procédure introduite, en signifiant aux autres parties et en déposant auprès du registraire un avis de changement dans lequel figurent les nom, adresse et numéro de téléphone et, s’il y a lieu, le numéro de télécopieur et l’adresse de courriel du remplaçant.

8. The Rules are amended by adding the following after Rule 17:

CHANGE IN CONTACT INFORMATION

17.1 A party shall serve on all other parties and file with the Registrar a notice of any change in their contact information without delay.

9. The heading before Rule 18 of the Rules is replaced by the following:

ADDING, SUBSTITUTING AND REMOVING PARTIES

10. Subrule 18(5) of the Rules is replaced by the following:

(4.1) A party who is named in the style of cause can be removed on the consent of the applicant or the appellant, as the case may be, or on motion before a judge or the Registrar that sets out the reasons for the removal.

(5) In any proceeding, the Court or a judge may order that a party be added, substituted or removed if, in the opinion of the Court or the judge, the addition, substitution or removal is necessary to enable the Court to adjudicate the questions in issue.

11. (1) Paragraph 19(1)(c) of the Rules is replaced by the following:

(2) Subrules 19(3) to (5) of the Rules are replaced by the following:

(3) A document that is filed by hand delivery, mail or courier is deemed to have been filed on the date of the Court’s filing stamp on that document, unless the Court, a judge or the Registrar otherwise orders.

(4) A document that is filed by fax transmission or email shall include a cover page in accordance with subrule 20(3) or the information set out in paragraphs 20(3.1)(a), (b), (d) and (e), as the case may be, and 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.

(5) Within five business days after the day on which a document, other than correspondence referred to in subrule (7), is filed by fax transmission or email, the original and a copy of the document shall be filed by hand delivery, mail or courier.

(6) All documents filed, other than correspondence referred to in subrule (7), shall be served in accordance with Rule 20 on all parties unless these Rules provide otherwise or the Court, a judge or the Registrar otherwise orders.

(7) A copy of any correspondence between parties, or between a party and the Registrar, that has been filed shall be sent to all other parties 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.

12. The heading before Rule 19.1 of the Rules is replaced by the following:

FILING OF SEALED AND CONFIDENTIAL DOCUMENTS

13. (1) Subrule 19.1(1) of the Rules is replaced by the following:

19.1 (1) If it is filed, any document that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation shall be sealed in an envelope and be accompanied by a covering letter and a copy of the sealing or confidentiality order or provision of the applicable legislation.

(2)The portion of subrule 19.1(2) of the Rules before paragraph (a) is replaced by the following:

(2) If any of the following documents is filed, it shall be sealed in an envelope and accompanied by one redacted electronic version, if one is required under these Rules, and two redacted printed versions:

14. (1) The portion of subrule 20(1) of the Rules before paragraph (a) is replaced by the following:

20. (1) Service of any document on a party shall be made on the party’s counsel or agent at that person’s last known address, last known fax number or last known email address or, if the party is not represented by counsel, on the party or the party’s agent, by

(2) Subparagraph 20(1)(d)(ii) of the Rules is replaced by the following:

(3) Subrule 20(1) of the Rules is amended by adding the following after paragraph (d):

(4) Rule 20 of the Rules is amended by adding the following after subrule (3):

(3.1) If a document is served by email, the email shall contain

(5) Paragraphs 20(8)(a) to (e) of the Rules are replaced by the following:

(6) Subrule 20(9) of the Rules is replaced by the following:

(9) If service is made by registered or certified mail, courier, fax transmission or email, an affidavit of service in Form 20 is not required for documents that are not originating documents, provided that the information that is required to be annexed under paragraph (8)(b), (c) or (d), as the case may be, is filed.

(10) The Registrar may, on filing of an affidavit by the serving party, make any order for substitutional service that the circumstances require.

15. The heading “COVERS” after Rule 22 of the Rules is replaced by the following:

CERTIFICATES OF COUNSEL

23. (1) The following documents shall, in the case of an application for leave to appeal or an originating motion, be filed by counsel for the applicant and for the respondent and, in the case of an appeal referred to in paragraph 33(c) or (d), be filed by counsel for the appellant:

(2) The documents referred to in subrule (1) shall be filed at the same time as the application for leave to appeal or the response to that application, the originating motion or the response to that motion or the notice of appeal in the case of an appeal referred to in paragraph 33(c) or (d), as the case may be.

24. In the case of an appeal, counsel for the appellant and respondent shall file a certificate in Form 24A or 24B at the same time as the record referred to in Rule 38 or 39.

16. (1) Paragraphs 25(1)(a) to (g) of the Rules are replaced by the following:

(2) Subrules 25(3) to (5) of the Rules are replaced by the following:

(3) If the documents referred to in paragraph (1)(d) include transcripts or evidence, a party shall reproduce only the relevant excerpts of the transcript or evidence, including exhibits.

(4) If the documents referred to in paragraph (1)(d) are reproduced in the record filed with the court appealed from, six copies of that record may be filed with the Registrar instead of the documents.

17. (1) Subrule 26(1) of the Rules is replaced by the following:

26. (1) An applicant shall file with the Registrar

(2) Paragraphs 26(2)(a) and (b) of the Rules are replaced by the following:

18. Rule 27 of the Rules is replaced by the following:

27. (1) Within 30 days after the day on which a file is opened by the Court following the filing of an application for leave to appeal or, if a file has already been opened, within 30 days after the service of an application for leave to appeal, a respondent or an intervener may respond to the application for leave to appeal by

(2) Unless it is served and filed in the form of correspondence of no longer than two pages, the response shall be bound and consist of the following, in the following order:

19. (1) Paragraphs 28(1)(a) and (b) of the Rules are replaced by the following:

(2) Subrule 28(2) of the Rules is replaced by the following:

(2) Unless it is served and filed in the form of correspondence of no longer than two pages, the reply shall be bound and consist of a memorandum of argument not exceeding five pages.

20. (1) Paragraphs 29(1)(a) to (c) of the Rules are replaced by the following:

(2) Paragraph 29(2)(a) of the Rules is replaced by the following:

21. Paragraphs 30(1)(a) and (b) of the Rules are replaced by the following:

22. (1) Paragraphs 31(1)(a) and (b) of the Rules are replaced by the following:

(2) Subrule 31(2) of the Rules is replaced by the following:

(2) Unless it is served and filed in the form of correspondence of no longer than two pages, the reply shall be bound and consist of a memorandum of argument not exceeding five pages.

23. (1) Paragraph 33(c) of the Rules is replaced by the following:

(2) Paragraphs 33(e) to (f) of the Rules are repealed.

24. Subrule 34(1) of the Rules is replaced by the following:

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.

25. The heading before Rule 36 of the French version of the Rules is replaced by the following:

SIGNIFICATION ET DÉPÔT DES DOCUMENTS DE L’INTIMÉ

26. (1) Paragraphs 38(1)(a) to (e) of the Rules are replaced by the following:

(2) Subrule 38(2) of the Rules is replaced by the following:

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

27. (1) Paragraphs 39(1)(a) to (d) of the Rules are replaced by the following:

(2) Subrule 39(2) of the Rules is replaced by the following:

(2) 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 Court and, if available, those documents shall be filed in both official languages.

28. The heading “Printing Requirements for a Record” after Rule 39 of the Rules is repealed.

29. (1) Subparagraph 42(2)(a)(iii) of the Rules is replaced by the following:

(2) Paragraph 42(2)(b) of the Rules is amended by striking out “and” at the end of subparagraph (i) and by replacing subparagraph (ii) with the following:

(3) Rule 42 of the Rules is amended by adding the following after subrule (2):

(3) Part V of the intervener’s factum shall not consist of any statement with respect to the outcome of the appeal unless otherwise ordered by a judge.

30. (1) Paragraph 47(1)(c) of the Rules is replaced by the following:

(2) Paragraph 47(1)(e) of the Rules is replaced by the following:

(3) Subrule 47(1.1) of the Rules is repealed.

31. (1) Paragraphs 48(1)(a) and (b) of the Rules are replaced by the following:

(2) Subrule 48(2) of the Rules is replaced by the following:

(2) Despite subrule (1), a motion related to an application for leave to appeal or leave to cross-appeal may be served and filed with the application for leave to appeal or leave to cross-appeal in accordance with Rule 26 or 29, as the case may be.

32. (1) Paragraphs 49(1)(a) and (b) of the Rules are replaced by the following:

(2) The portion of subrule 49(2) of the Rules before paragraph (b) is replaced by the following:

(2) Unless it is served and filed in the form of correspondence of no longer than two pages, the response shall consist of the following, in the following order:

(3) Subrule 49(4) of the Rules is replaced by the following:

(4) Despite subrule (1), in the case of a motion served and filed with an application for leave to appeal or leave to cross-appeal, with the exception of a motion to expedite, the response to the motion may be served and filed with the response to the application for leave to appeal or leave to cross-appeal in accordance with Rule 27 or 30, as the case may be.

33. (1) Paragraphs 50(1)(a) and (b) of the Rules are replaced by the following:

(2) Subrules 50(2) and (3) of the Rules are replaced by the following:

(2) Unless it is served and filed in the form of correspondence of no longer than two pages, the reply shall consist of a memorandum of argument not exceeding five pages.

(3) Despite subrule (1), in the case of a motion served and filed with an application for leave to appeal or leave to cross-appeal, the reply may be served and filed with the reply to the response to the application for leave to appeal or leave to cross-appeal in accordance with Rule 28 or 31, as the case may be.

34. (1) Paragraph 51(2)(d) of the Rules is replaced by the following:

(2) Subrule 51(3) of the Rules is replaced by the following:

(3) Despite subrule (1), a motion related to an application for leave to appeal or leave to cross-appeal may be submitted for decision directly to the judges to whom the application for leave to appeal or leave to cross-appeal is submitted.

35. (1) Paragraph 52(1)(c) of the Rules is replaced by the following:

(2) Subrule 52(1.1) of the Rules is repealed.

36. The portion of subrule 54(2) of the Rules before paragraph (b) is replaced by the following:

(2) Unless it is served and filed in the form of correspondence of no longer than two pages, the response shall be bound and consist of the following, in the following order:

37. Rule 56 of the English version of the Rules is replaced by the following:

56. A motion for intervention shall be made

38. Paragraphs 57(2)(a) and (b) of the Rules are replaced by the following:

39. The portion of subrule 60(1) of the English version of the Rules before paragraph (a) is replaced by the following:

60. (1) Within 30 days after leave to appeal has been granted or after the filing of a notice of appeal in an appeal for which leave is not required, an appellant, respondent or attorney general shall make a motion to the Chief Justice or a judge to state a constitutional question if that appellant, respondent or attorney general intends to raise a question of

40. The portion of subrule 63.1(1) of the Rules before paragraph (a) is replaced by the following:

63.1 (1) For the purposes of section 694.1 of the Criminal Code, the accused who is the appellant, applicant or respondent in a proceeding shall, if the Crown consents, file with the Registrar a letter containing the following information:

41. Part 19 of the Rules is repealed.

42. Form 14 of the Rules is replaced by the following:

FORM 14
Rule 14

NOTICE OF NAME

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name), (a corporation, a partnership or an unincorporated association), confirms its name in each of the official languages:

(Set out the name of the party in both official languages)

OR

TAKE NOTICE that (name), (a corporation, a partnership or an unincorporated association), certifies that it does not have a bilingual name.

Dated at (place), (province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party filing notice or agent)

________________________
Counsel or party filing notice

(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

________________________
Agent

(Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party)

43. Forms 20 to 25C of the Rules are replaced by the following:

FORM 20
Rule 20

AFFIDAVIT OF SERVICE

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

I, (name of deponent), (profession of deponent), of (place), (province or territory), MAKE OATH AND SAY AS FOLLOWS:

THAT on the (date) day of (month), (year), I did serve (name of person(s) served) with a true copy of the (identify document(s) served) by (list the method or methods of service used)

Sworn (or Affirmed) before me at

the (City, Town, etc.) of (name) in the (Province or Territory) of (name), this ______ day of __________, 20____.

____________________________
A Commissioner of Oaths

____________________________
(Signature of deponent)

FORM 23A
Rule 23

CERTIFICATE (APPLICANT, RESPONDENT OR APPELLANT)

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

I (name), (counsel or agent) for (name of applicant, respondent or appellant), certify that

Dated at (place), (province or territory) this (date) day of (month), (year).

(Counsel or Agent) for the (applicant, respondent or appellant)

______________________
(Signature)

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party)

(Include a copy of any order or provision of applicable legislation.)

FORM 23B
Rule 23

CERTIFICATE (APPLICANT, RESPONDENT OR APPELLANT)

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

I (name), (counsel or agent) for (name of applicant, respondent or appellant), certify that (if a judge’s previous involvement or connection with the case may result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, set out the issues).

Dated at (place), (province or territory) this (date) day of (month), (year).

(Counsel or Agent) for the (applicant, respondent or appellant)

______________________
(Signature)

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party)

FORM 24A
Rule 24

CERTIFICATE (APPELLANT)

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

I (name), (counsel or agent) for the appellant, certify that the appellant’s record contains the judgment appealed from and only so much of the pleadings, evidence, affidavits and other documents as is necessary to raise the question for the decision of the Court and that all reasons for judgments and orders are included in the record.

And I do further certify that I have closely examined the record and verily believe that it is a true and correct reproduction of the originals and that the same has been proofread.

Dated at (place), (province or territory) this (date) day of (month), (year).

(Counsel or Agent) for the appellant

______________________
(Signature)

FORM 24B
Rule 24

CERTIFICATE (RESPONDENT)

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

I (name), (counsel or agent) for the respondent, certify that the respondent’s record contains only so much of the pleadings, evidence, affidavits and other documents as is necessary to raise the question for the decision of the Court.

And I do further certify that I have closely examined the record and verily believe that it is a true and correct reproduction of the originals and that the same has been proofread.

Dated at (place), (province or territory) this (date) day of (month), (year).

(Counsel or Agent) for the respondent

______________________
(Signature)

FORM 25
Rule 25

NOTICE OF APPLICATION FOR LEAVE TO APPEAL

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name) applies for leave to appeal to the Court, under (cite the provision of the Act or these Rules under which the application for leave is made), from the judgment of the (name of the court appealed from and file number from that court) made (date), and for (insert the nature of order or relief sought) or any further or other order that the Court may deem appropriate;

AND FURTHER TAKE NOTICE that this application for leave is made on the following grounds: (set out concisely and number each ground on which the application is made).

Dated at (place), (province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

________________
Applicant

(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

_____________
Agent (if any)

(Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party and all other parties and interveners in the court appealed from)

NOTICE TO THE RESPONDENT OR INTERVENER: A respondent or intervener may serve and file a memorandum in response to this application for leave to appeal within 30 days after the day on which a file is opened by the Court following the filing of this application for leave to appeal or, if a file has already been opened, within 30 days after the service of this application for leave to appeal. If no response is filed within that time, the Registrar will submit this application for leave to appeal to the Court for consideration under section 43 of the Supreme Court Act.

(A notice of application for leave to appeal shall be filed at the same time as the certificate in Form 23A and, if applicable, the certificate in Form 23B.)

44. Forms 33 to 39 of the Rules are replaced by the following:

FORM 33
Rule 33

NOTICE OF APPEAL

(Style of Cause (Rule 22 — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that, pursuant to leave granted by the Court on (date), (name of appellant) appeals to the Supreme Court of Canada from the judgment of the (name of the court appealed from) made on (date);

OR

TAKE NOTICE that (name) appeals as of right to the Supreme Court of Canada from the judgment of the (name of the court appealed from) made on (date) under (set out the provision(s) of the statute that authorizes the appeal);

(In the case of an appeal under paragraph 691(1)(a) or (2)(a) or (b), 692(3)(a) or 693(1)(a) of the Criminal Code, state the following:)

AND FURTHER TAKE NOTICE that this appeal raises the following question or questions of law:

AND/OR

AND FURTHER TAKE NOTICE that the dissenting judgment of the court appealed from is, in whole or in part, based on the following questions of law: (as specified in the judgment issued under section 677 of the Criminal Code).

Dated at (place), (province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

________________
Appellant

(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

_____________
Agent

(Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party and all other parties and interveners in the court appealed from)

(In the case of an appeal as of right, include a copy of the judgment and reasons for judgment of the court appealed from and a copy of the certificate in Form 23A and, if applicable, a copy of the certificate in Form 23B.)

45. Forms 47 and 52 of the Rules are replaced by the following:

FORM 47
Rule 47

NOTICE OF MOTION TO A JUDGE OR THE REGISTRAR

(Style of Cause (Rule 22); style of cause may be abbreviated in accordance with subrule 22(3.1) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name) applies to (a judge or the Registrar, as the case may be) under (cite the provision of the Act or these Rules under which the motion is made), for an order for (insert nature of the order or relief sought) or any further or other order that the (judge or Registrar) may deem appropriate;

AND FURTHER TAKE NOTICE that the motion shall be made on the following grounds: (set out concisely and number each ground on which the motion is made).

Dated at (place), (province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

_______________________
Applicant to the motion

(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

________________
Agent

(Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of all other parties)

NOTICE TO THE RESPONDENT TO THE MOTION: A respondent to the motion may serve and file a response to this motion within 10 days after service of the motion. If no response is filed within that time, the motion will be submitted for consideration to a judge or the Registrar, as the case may be.

If the motion is served and filed with the application for leave to appeal, then the Respondent may serve and file the response to the motion with the response to the application for leave to appeal.

(In the case of an originating motion, include a copy of the judgment and reasons for judgment of the court appealed from and a copy of the certificate in Form 23A and, if applicable, a copy of the certificate in Form 23B.)

FORM 52
Rule 52

NOTICE OF MOTION TO THE COURT

(Style of Cause (Rule 22); style of cause may be abbreviated in accordance with subrule 22(3.1) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name) applies to the Court, under (cite the provision of the Act or these Rules under which the motion is made), for an order for (insert nature of the order or relief sought) or any further or other order that the Court may deem appropriate;

AND FURTHER TAKE NOTICE that the motion shall be made on the following grounds: (set out concisely and number each ground on which the motion is made).

Dated at (place), (province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

_______________________
Applicant to the motion

(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

________________
Agent

(Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of all other parties)

NOTICE TO THE RESPONDENT TO THE MOTION: A respondent to the motion may serve and file a response to this motion within 10 days after service of the motion.

(This motion is required to be bound with a cover — see Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic). In the case of an originating motion, include a copy of the judgment and reasons for judgment of the court appealed from and a copy of the certificate in Form 23A and, if applicable, a copy of the certificate in Form 23B.)

46. The Rules are amended by replacing “e-mail” with “email” in the following forms:

47. The portion of item 2 of Schedule A to the Rules before paragraph (b) is replaced by the following:

2. For making photocopies or printing copies, per page,

48. Paragraph 2(c) of Part 1 of Schedule B to the Rules is replaced by the following:

49. (1) Item 3 of Part 1 of Schedule B to the Rules is amended by adding the following after paragraph (c):

(2) Paragraph 3(e) of Part 1 of Schedule B to the Rules is replaced by the following:

50. Part 2 of Schedule B to the Rules is replaced by the following:

Part 2 — Disbursements

At the Registrar’s discretion the following amounts shall be taxed:

  1. Fees paid to the Registrar under Schedule A.
  2. A reasonable amount for reproducing documents required to be filed with the Court in accordance with a receipt from the service provider that itemizes the services rendered. Such disbursements shall not include counsel’s fees for the preparation of the printed or electronic version of any document set out in Part 1. Documents reproduced in-house or not supported by an itemized receipt will be taxed at $0.25 per page.
  3. Subject to item 4, reasonable amounts incurred to attend proceedings before the Court for up to two counsel, including travel expenses, lodging expenses for a maximum of two nights for one hearing day plus an additional night of lodging for each additional hearing day, meals and any incidental expenses (for example, parking, taxi and telephone calls). Such expenses shall be supported by accompanying receipts.
  4. Amounts incurred for the use of privately owned vehicles driven to attend proceedings before the Court. Those amounts shall be calculated using the kilometric rates set out in Appendix B of the National Joint Council’s Travel Directive; no receipts for those expenses are required.
  5. All other disbursements reasonably incurred, with the exception of disbursements incurred for electronic legal research. Receipts are required for amounts claimed over $50.
  6. Any service, sales, use or consumption taxes paid or payable on any disbursements set out in items 2, 3 and 5, unless those taxes have been reimbursed or are reimbursable.

COMING INTO FORCE

51. These Rules come into force on January 1, 2014.