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, 2017

(SOR/2016-271)

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.

Table of Contents


General Information

The procedure for proceedings in the Supreme Court of Canada (SCC) 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. 

A note about documents filed with the Court: Documents are filed in print or electronic format or in both these formats, as specified in the Rules and in these Guidelines. The Registrar provides access to Court documents, and in some cases a redacted version of a document is required for the public file.  Because some documents (in particular, factums and memorandums of argument in cases in which leave to appeal has been granted) are posted on the SCC website, parties are required to indicate and confirm which documents are suitable for posting, and in some cases are required to file a redacted electronic version of  a document. For further information, please consult the Policy for Access to Supreme Court of Canada Court Records and the section of these guidelines entitled Public Access to Court Records and Posting Information and Documents on SCC Website

Official version: If only one version of a document is filed, whether print or electronic, that version will be the official one.  If both print and electronic versions are filed, the print version will be the official version unless the Registrar declares otherwise. 


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, although they are welcome to do so.


Electronic or Print Format?

Filing of documents:  With the exception of correspondence filed with the Registry, all documents filed in proceedings must be filed in print (paper) format, and most of them must also be filed in electronic format.  A document that is filed electronically can be filed as an attachment to an email, size permitting (less than 15 megabytes (MB)), or on a CD/DVD-ROM.  In an appropriate case, the requirement of filing documents in both print and electronic formats can be waived by the Court, a judge or the Registrar on a motion (Rule 47). 

Service of documents:  The methods of service are listed in Rule 20.  All documents except for originating documents or documents filed in support may be served by email, size permitting.  Some documents (i.e. appeal documents) are required to be served in electronic format.  This can be done by email, size permitting, or on a CD/DVD-ROM using one of the methods of service listed in Rule 20

The electronic version of every document served and filed in a proceeding must be a true representation of the printed version, if one has been filed.  In most cases, this will be a scanned PDF copy of the signed printed document. 

Specific requirements are:

Appeals:

Filing of appeal documents:  Appeal documents must be filed in print and electronic formats. 

N.B.: A copy of a filed electronic factum will be posted on the SCC website if it is suitable for posting on the Internet.  However, if the copy is not suitable for posting, a redacted electronic copy of the factum must be filed for posting (see below, under Electronic Copy for Posting on the SCC Website).

Service of appeal documents:  Appeal documents must be served in electronic format except for a notice of appeal in an appeal as of right, which must be served in print format.  

Applications for Leave to Appeal:

All application for leave to appeal documents must be filed in print format.

The following components must also be filed in electronic format (do not include the remaining components of the application for leave to appeal, the response or the reply, if any, in the electronic versions):

  • the notice of application for leave to appeal (in a separate electronic file);
  • the applicant’s memorandum of argument together with the cover (Form 1 (Cover)) (combined in a single electronic file); and
  • where the printed version of the response or the reply is bound, the memorandum of argument together with the cover (combined in a single electronic file).

N.B.:  If leave is granted, these documents will be posted on the SCC website.  Redacted documents may be required (see below, under Electronic Copy for Posting on the SCC Website).

Service of leave documents:  Documents filed at the application for leave to appeal stage, except for the application itself (an originating document) and documents filed in support, may be served in print or electronic format. On the subject of serving an originating document or documents filed in support, please consult Rule 20.  It is not necessary to serve the electronic copy of the condensed application for leave to appeal.

Motions:

1. Motions to a judge or the Registrar

The following documents must be filed in print and electronic format:

  • 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.

These documents must be served in electronic format.

2. Motions before the Court

The following documents must be filed in print format (an electronic version is optional):

  • motion and supporting material, and
  • response.

These documents may be served in print or electronic format. 

Correspondence relating to proceedings:

Correspondence can be filed with the Court in print or electronic format.  A copy of the correspondence 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 filed with the Court or sent to a party by email, the correspondence can be set out in the body of the message or included as an attachment, and it is not necessary to provide a printed copy.


Preparing the Original Print 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 record that consists of a table of contents and the documents themselves, such as formal judgments, orders, evidence, exhibits, 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, if any, 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 or a comparable font size for all text, including quotations from authorities and footnotes
  • 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
  • Footnotes: Single spaced, but one and a half lines apart if they contain an explanation or a comment
  • Margins: Not less than 2.5 cm

Binding

Certain documents, such as factums, records, 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 (Cover)) 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 (Cover)).
  • 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, if any, and, the tabs and references for each authority.
  • 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, if any, the pages must be numbered consecutively, and page numbers — in Arabic numerals — must appear at the top center 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 (Cover)), 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 any book of authorities or 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 to be Filed

The electronic version of every document filed in a proceeding must be a true representation of the print version, if any. 

Document Assembly

Technical Requirements

  • In PDF format.
  • 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.
  • All electronic files must be scanned for viruses and malware before being submitted.
  • An electronic document must not exceed 75 megabytes (MB); an attachment to an email must not exceed 15 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

  • Bookmarks (see Bookmarks and Hyperlinks 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 any 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 Generally

  • Hyperlinking to websites is permitted. 
  • Hyperlinking within a document is permitted.
  • Hyperlinking between documents is not permitted, however, because such links will not function once the document is uploaded into the Court’s electronic document management system. 

Hyperlinking for a Table of Authorities in a Factum on Appeal

  • The table in Part VI of the factum must include hyperlinks to all authorities that are available electronically.
  • For legislative authorities, hyperlinks directly to the relevant provisions are required if possible. (See Linking to Specific Provisions: A Guide (PDF)). In addition, hyperlinks to the two official language versions are required if the provisions are published in both languages.
  • Web-based versions are preferred.

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.
  • Use the underscore symbol (_) as an element delimiter.  Do not use the following characters in file names when saving documents: ` ~ ! @ # $ % ^ & * () + = [] {} : ; '~ ,. ? | " /

How to File an Electronic Document on a CD/DVD-ROM or as an Attachment to an Email

  • The electronic versions of all documents filed with the same file number may be saved on a single CD/DVD-ROM or in a single email, but individual documents and volumes of documents must be saved under separate file names and, in the case of an e-mail, as separate attachments.
  • If a document is filed by email, the email’s subject line must include the Court’s file number and the email must contain
    • the title of the document being transmitted;
    • the filing party’s name; and
    • an indication of the number of attachments to the email.
  • Emails must be sent to Registry-Greffe@scc-csc.ca.
  • If a document is filed on a CD/DVD-ROM, both the CD/DVD-ROM and its container must be labelled with the filing party’s name, the Supreme Court of Canada’s 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.

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

  • sealed documents.
  • documents that are subject to a confidentiality order.
  • documents that are classified as confidential by legislation.
  • documents that contain or reveal information that is subject to a sealing order or a confidentiality order or is classified as confidential.

Such documents must be filed on a separate CD/DVD-ROM in a sealed envelope (together with the required number of copies of the printed version) and be accompanied by a covering letter and Form 23B. 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 two redacted copies of the printed version) for the public record must also be filed, if it is possible to redact the document; the word “Redacted” must appear between the two horizontal lines on its cover.

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

The electronic document that is served must be an exact copy of the electronic version that is filed or a true representation of the print version that is filed, as the case may be. Proof of service in accordance with subrules 20(8) and (9) is required.

Technical Requirements

  • An electronic document that does not exceed 15 megabytes (MB) can usually be served by email, in which case the email must satisfy the conditions set out in subrule 20(3.1).  A document that cannot be served by email must be served on a CD/DVD-ROM. 
  • When a paper document such as a response or a reply on an application for leave to appeal is scanned, the resolution must be set to 300 dpi and must not be set to grayscale. 
  • All electronic files must be scanned for viruses and malware before being served.

Do not serve the following types of documents by email:

  • sealed documents.
  • documents that are subject to a confidentiality order.
  • documents that are classified as confidential by legislation.
  • documents that contain or reveal information that is subject to a sealing order or a confidentiality order or is classified as confidential.

Filing Deadlines

  • For time limits for filing documents, refer to the Time Limits for Filing Documents table.
  • Appeals: The electronic and printed versions of an appeal document must be filed by the deadline set out in the Rules, even if they are filed separately.
  • Applications for leave to appeal: The printed version of the application for leave to appeal, the response and the reply, as the case may be, the electronic and printed versions of the notice of application for leave to appeal and, 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 filed by the deadline set out in the Rules, even if they are filed separately.
  • 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 set out in the Rules.
  • 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 set out in the Rules.  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 and Posting of Information and Documents on the SCC Website

Every document filed with the Court forms part of the public record, and information from the file or the documents may be published by the Court. 

In some cases, there may be limitations on the right of the public to have access to a document filed with the Court or to information contained in the document or in the file.  As is explained below, parties must advise the Court of any such limitations. 

All factums and memorandums of argument filed in cases in which leave to appeal has been granted are posted on the SCC website.  Parties are required to confirm which documents are suitable for posting and may in some cases be required to file a redacted electronic version of the document (see below, under Electronic Copy for Posting on the SCC Website). 

All parties must comply with the procedure set out below. Parties should contact the Director of the Registry Branch at 613-996-7810 for instructions if they are unsure of the procedure to be followed.

For further information, please consult the Policy for Access to Supreme Court of Canada Court Records.

Advising the Court When Files or Documents are Subject to Limitations on Access

In accordance with Rule 23, parties are required to file the following forms to inform the Court whether a file or a specific document contains or reveals: 

  1. information that is subject to a sealing or confidentiality order;
  2. information that is subject to a publication ban under an order or under legislation;
  3. information that is classified as confidential under legislation; or
  4. information to which public access is restricted in the file in a lower court.
  1. Form 23A
    • This form is used to give information about the file and to confirm whether initials should be used instead of parties’ full names on the Court’s website. 
    • It must be filed in print and electronic format by all counsel when a file is opened. 
    • It must be accompanied by a copy of any applicable order or, if the order was pronounced orally at a hearing, a copy of the relevant excerpt from the transcript of the hearing.
  2. Form 23B
    • This form is used to give information about individual documents that are being filed and is filed only if one of the situations listed above exists. 
    • It must be filed in print and electronic format.
    • Counsel must identify the relevant filed documents and information and the form must accompany the documents in question.
    • A single form may be used for multiple documents that are being filed together.

Note: Forms 23A and B may be made public or posted on the SCC website unless they are filed in sealed envelopes. 

Information that is Subject to a Sealing or Confidentiality Order

Parties must meet the requirements of Rule 19.1 if any of the documents they file are subject to, or contain or reveal information that is subject to, a sealing or confidentiality order. 

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 kept confidential and
Any document that is subject to a sealing or confidentiality order
  • A copy of the sealing or confidentiality order

A motion to seal is not required

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
  • A copy of the sealing or confidentiality order 
  • Two (2) redacted printed versions and — if you are required to file an electronic version (as is the case, for example, with the application for leave to appeal or the record) — one (1) redacted electronic version for the public record

A motion to seal is not required

Any document (for example, a factum) that reveals information that is subject to a sealing or confidentiality order
  • A copy of the sealing or confidentiality order 
  • Two (2) redacted printed versions and — if you are required to file an electronic version (as is the case, for example, the factum) — one (1) redacted electronic version for the public record  
  • In the event that it is impossible to file a redacted version of the specific document, a motion to seal the document in question
Any document for which a sealing order is sought in this Court
  • A motion to the Registrar for a sealing order

Information that is Subject to a Publication Ban Under an Order or Under Legislation

Files or documents which contain or reveal information that is subject to a publication ban under an order or under legislation may nonetheless be accessible to the public.  Parties are therefore not required to file such documents in a sealed envelope, nor are they required to file redacted printed versions.  If leave to appeal is granted, however, they will be required to file redacted electronic copies of both their factums and their memorandums of argument, since these documents will be posted on the Court’s website (see below, under Electronic Copy for Posting on the SCC Website).

Information that is Classified as Confidential By Legislation

Parties must meet the requirements of Rule 19.1 if any of the documents they file are subject to or contain or reveal information — for example, information in a case involving national security matters that, if disclosed, could cause injury to the national interest — that is classified as confidential by legislation.

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 kept confidential and
Any document that is classified as confidential by legislation
  • A copy of the applicable legislative provision

A motion to seal is not required

Any document (for example, an application for leave to appeal or a record) that contains a document that is classified as confidential by legislation
  • A copy of the applicable legislative provision
  • Two (2) redacted printed versions and — if you are required to file an electronic version (as is the case, for example, with the application for leave to appeal or the record) — one (1) redacted electronic version for the public record

A motion to seal is not required

Any document (for example, a factum) that reveals information that is classified as confidential by legislation
  • A copy of the applicable legislative provision
  • Two (2) redacted printed versions and — if you are required to file an electronic version (as is the case, for example, with the factum) — one (1) redacted electronic version for the public record 
  • In the event that it is impossible to file a redacted version of a specific document (for example, the factum), a motion to seal the document in question

Information to Which Public Access is Restricted in the File in a Lower Court

Documents that contain information to which public access is restricted in the file in a lower court do not need to be filed in sealed envelopes unless there was a requirement that they be so filed in the courts below. 

The Court will advise, at its discretion, what court records included in the case file, if any, may be accessed.  For further information, please consult the Policy for Access to Supreme Court of Canada Court Records.

Electronic Copy for Posting on the SCC Website

Factums and memorandums of argument filed in cases in which leave to appeal has been granted may be posted on the SCC website. 

Please use this naming convention for an electronic document that is to be posted on the SCC website:  File Number_Document_Type_Party Name (short form or abbreviation)_SUITABLE FOR POSTING.docx. The naming convention applies to the original electronic document or, if required, the redacted electronic copy.

If the electronic copy of the memorandum of argument of an application for leave to appeal, a response or a reply is not suitable for posting, a redacted copy suitable for posting will not be required until after leave to appeal has been granted. 

Redacting Documents

The word “Redacted” must appear within the two horizontal lines on the cover (see Form 1 (Cover)) of any redacted document in both the printed and the electronic versions.

Ensure that the text you do not want revealed is not in fact still in the PDF file. 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.

Best Practice – Avoid Personal Information Where Possible

Avoid, where possible, including personal information in documents filed with the Court.  Personal information is information about an identifiable individual, including but not limited to:

  • date of birth,
  • identifying numbers, such as telephone numbers, social insurance numbers or bank account numbers,
  • addresses, and
  • biometrical information, such as fingerprints.

Personal information does not include an individual's name if he or she is a party to the proceeding or the name and business address of a lawyer who is acting as counsel or agent for any party to the proceeding. 


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 (Cover)).
  • 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 (Rule 25)
Respondent's Response to Application for Leave to Appeal
(Rule 27)
Applicant’s Reply to the Response to Application for Leave to Appeal
(Rule 28)
Number of copies to be filed Printed: Original and 5 copies
Electronic:
1 copy of the notice of application for leave to appeal and, in a separate document, the application for leave cover and memorandum of argument
Printed: Original and 5 copies (unless in form of correspondence)
Electronic: 1 copy of the memorandum of argument and, in a separate document, the response cover and memorandum of argument
Printed: Original and 5 copies (unless in form of correspondence)
Electronic: 1 copy of the memorandum of argument and, in a separate document, the reply cover and memorandum of argument
Additional documents required to be filed

All forms filed as separate documents in print and electronic formats:

Form 14 – Notice of Name
Form 23A – Certificate of counsel (sealing or confidentiality order, publication ban, etc. in file)
Form 23B (if applicable) – Certificate of counsel (sealing or confidentiality, publication ban, etc. in document)

  • If applicable, 2 redacted printed copies for the public record (see Rule 19.1) and 1 redacted electronic copy

Form 23C (if applicable) – Certificate of counsel (possible conflict of interest)

Electronic copy, suitable for posting, of the memorandum of argument (including cover) of the application for leave to appeal (and the response and the reply, if any) in the event that leave is granted and that the original memorandum of argument is not suitable for posting. 

Number of copies to be served Printed: 1 copy on all other parties
Electronic: 1 copy of notice of application for leave to appeal with cover and memorandum of argument on all other parties
Printed or Electronic: 1 copy on all other parties Printed or Electronic: 1 copy on all other parties
Binding and covers Bound with grey covers Bound with green covers (unless in the form of correspondence) Bound with grey covers (unless in the form of correspondence)

 

Notice of Appeal
(Rules 33 and 34)
Factum
(Rules 35, 36, 37, 42 and 43)
Appellant's Record
(Rules 35 and 38)
Respondent's Record
(Rules 36 and 39)
Book of Authorities, if any
(Rule 44)
Condensed Book
(Rule 45)
Number of copied to be filed Printed: Original and 1 copy
Electronic: 1 copy (may be filed with the other appeal documents)
Printed: Original and 23 copies
Electronic: 1 copy
Printed:  20 copies of Part I
2 copies of all other parts
Electronic: 1 copy
Printed: 2 copies
Electronic: 1 copy
Printed: 2 copies
Electronic: 1 copy
Printed: 14 copies at the hearing
Electronic: Optional but encouraged
Additional documents required to be filed If applicable, 2 redacted printed copies for the public record (see Rule 19.1) and 1 redacted electronic copy n/a
For appeal as of right: Form 14
Form 23A
Form 23B, if applicable
Form 23C, if applicable All filed as separate documents in both print and electronic formats (see above under Application for Leave to Appeal)
Form 23A and, if applicable, Form 23B in both print and electronic formats n/a
If the original electronic copy of any factum filed is not suitable for posting, a redacted electronic version of the factum.  Form 24A and B, as the case may be, in print and electronic formats
Number of copies to be served Printed or Electronic: 1 copy on all other parties
For appeal as of right, both print and electronic formats
Electronic: 1 copy on all other parties Electronic: 1 copy on all other parties Electronic: 1 copy on all other parties Electronic: 1 copy on all other parties n/a
Hyperlinking
(to outside sources or within a document)
Optional The table of authorities must include hyperlinks to all authorities that are available electronically, directly to relevant legislative provisions (to both official language versions of provisions that are published in both) Optional Optional Optional Optional
Bookmarks n/a Mirror items in the table of contents in each volume of a document
At a minimum, each Part must be bookmarked
n/a
Binding and covers n/a Appellant: Bound with beige covers
Respondent: Bound with green covers
Intervener:  Bound with blue covers
Bound with orange covers Bound with green covers Appellant: Bound with beige covers
Respondent: Bound with green covers
Intervener: Bound with blue covers
 

 

Motion to a Judge or the Registrar and any Reply (Rules 47, 48, 50 and 51) Response and Reply to a Motion to a Judge or the Registrar
(Rules 49, 50 and 51)
Motion to the Court
(Rules 52 and 53)
Response to Motion to 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 (6 in total)
Electronic: 1 copy
Printed: Original and 1 copy, unless filed or submitted with application for leave, then 4 additional copies
(6 in total)
Electronic: 1 copy
Printed: Original and 14 copies
Electronic: Optional
Printed: Original and 14 copies
Electronic: Optional
Additional documents required to be filed For originating motion: Form 14, Form 23A and, if applicable, Form 23B and Form 23C
All forms filed as separate documents in print and electronic formats
(see above under Application for Leave to Appeal)
If applicable, 2 redacted printed copies for the public record (see Rule 19.1) and 1 redacted electronic copy
Number of copies to be served Electronic: 1 copy on all parties to the motion and 1 copy of the notice of motion on all other parties Electronic: 1 copy on all parties to the motion Printed: 1 copy on all parties to the motion and 1 copy of the notice of motion on all other parties
Electronic: n/a
Printed: 1 copy on all parties to the motion
Electronic: n/a
Unless counsel being served is willing to accept service of an electronic copy.
Hyperlinking
(to outside sources or within a document)
Optional  Optional Optional Optional
Bookmarks Optional Optional Optional Optional
Binding and covers Optional
(If you bind the document, use grey covers)
Optional
(If you bind the document, use green covers for a response and grey covers for a reply)
Bound with grey covers Bound with green covers

Bookmarks and Hyperlinks 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
    • Cases (numbered, with hyperlinks if available electronically)
    • Other authorities (including legislative provisions, with hyperlinks directly to the relevant provisions only)

Record

Bookmarks

  • Title of Document
  • Table of Contents
  • Part I* – Formal judgments and reasons of lower courts (including any information or indictment and complete charge to jury if necessary for purpose of raising question to be decided by Court)
  • 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 (only if authorities are not available electronically)

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) including, as a schedule, the notice of constitutional question (if any)** 30 days Date of judgment appealed from  s. 58(1)(b) and Rule 33
Notice of appeal (where leave is required) including, as a schedule, the notice of constitutional question (if any)** 30 days Decision granting leave s. 58(1)(b) and Rule 33
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 (if any) 8 weeks Filing of notice of appeal Rule 35(1)
Respondent’s factum and factum on cross-appeal (if any), and book of authorities (if any) 8 weeks Service of appellant's factum Rule 36(1)
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(2)
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(3)
Intervener’s factum and book of authorities (if any) 6 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 (if any) of Attorney General referred to in Rule 33(4)  16 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.

** In the case of a constitutional question raised by a respondent, the notice of constitutional question must be filed 30 days after the decision granting leave, or after the filing of the notice of appeal in the case of an appeal as of right (Rule 33(2)).

 

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

Applications 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 and, if applicable, Form 23B – Certificates (on limitations on public access) (filed as separate documents in print and electronic formats)
  • Form 23C – 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 (including any constitutional questions)
    • 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

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 and, if applicable, Form 23B – Certificates (on limitations on public access) (filed as separate documents in print and electronic formats)
  • Form 23C – 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 (including any constitutional questions)
    • 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

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

  • Maximum 5 pages (print and electronic formats)
  • Counsel’s signature on the original printed version

Appeals

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

  • Form 33A – Notice of appeal (print and electronic formats)
  • Any revised Form 23A and, if applicable, Form 23B – Certificate (on limitations on public access) (filed as separate documents in print and electronic formats)

Notice of appeal in an appeal as of right (Rule 33)

  • Form 33A – 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 and, if applicable, Form 23B – Certificates (on limitations on public access) (filed as separate documents in print and electronic formats)
  • Form 23C – 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 (including authorities listed, with hyperlinks)
  • Counsel's signature on the original printed version
  • Any revised Form 23A and, if applicable, Form 23B – Certificate (on limitations on public access) (filed as separate documents in print and electronic formats)

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

  • 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 33(4)
  • Maximum 10 pages, Parts I to V, for all other interveners
  • Part VI – Table of authorities, including authorities listed, with hyperlinks
  • Counsel's signature on the original printed version
  • Any revised Form 23A and, if applicable, Form 23B – Certificates (on limitations on public access) (filed as separate documents in print and electronic formats)

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 any information or indictment and complete charge to jury if necessary for purpose of raising question to be decided by Court)
  • Part II – Pleadings, orders, entries
  • Part III – Evidence, including transcripts and affidavits
  • Part IV – Exhibits
  • Any revised Form 23A and, if applicable, Form 23B – Certificates (on limitations on public access) (filed as separate documents in print and electronic formats)

Record (Respondent - Rule 39) (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
  • Any revised Form 23A and, if applicable, Form 23B – Certificates (on limitations on public access) (filed as separate documents in print and electronic formats)

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 and, if applicable, Form 23B – Certificates (on limitations on public access) (for originating motion, and for all other motions if original forms need to be updated; filed as separate documents in print and electronic formats)
  • Form 23C – 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
  • Documents relied upon
  • Counsel’s signature on the original printed version
  • Filing fee of $75