Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic)
The Rules of the Supreme Court of Canada (the Rules) state what documents must be filed for each type of proceeding, how many copies are required and when they must be served and filed.
Rule 21 states that all documents must be prepared in accordance with the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic). In addition to specific formatting requirements for each type of document, there is information about the technical requirements for electronic documents, filing deadlines and a section on best practices to protect personal information.
These guidelines also contain a table entitled Specific requirements for documents that can be used as a quick reference tool.
Documents are filed in print or electronic format or in both formats, as specified in the Rules and in these guidelines. The Registrar provides access to Court documents. Because some documents (in particular, factums and memorandums of argument in cases in which leave to appeal has been granted) are posted on the Supreme Court of Canada (SCC) website, parties must 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, consult the Policy for access to Supreme Court of Canada court records and the Public access to Court records and posting of information and documents on the SCC website section of these guidelines.
Official versions
If only 1 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 consult Self-represented litigants for self-help assistance. Templates which simplify the preparation of documents can be found there.
Filing of documents
Filing of documents (Rule 19): Documents that are required to be bound must be filed in print format with the Registrar and in electronic format through the Electronic Filing Portal. The electronic version must be a true representation of the printed version. In most cases, this will be a scanned PDF copy of the signed printed document.
Waiver of requirement to file in both formats: In some cases, it may be possible to file a document in only 1 format. In an appropriate case, the requirement to file 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 may be served by email, size permitting. Specific requirements are:
Appeals
Filing of appeal documents: Appeal documents must be filed in print and electronic formats. The electronic version of appeal documents must be filed via the Electronic Filing Portal.
The electronic version of appeal factums will be posted on the SCC website (see below, under Electronic copy for posting on the SCC website).
Service of appeal documents: Appeal documents must be served in electronic format.
Printed documents relating to the appeal: Please consult Rules 35 to 45.
Applications for leave to appeal:
Each component of the application for leave to appeal (Rule 25(1)) must be filed via the Electronic Filing Portal, with each subsection in its own distinct electronic file:
-
the notice of application for leave to appeal, and including as a schedule to the notice of application for leave to appeal, all the reasons and judgments of the lower courts (and/or tribunals), by hyperlinks if available (combined 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).
If leave to appeal is granted, the electronic version of the memorandums of arguments will be posted on the SCC website (see below, under Electronic copy for posting on the SCC website).
Service of leave documents: Please consult Rules 26 to 31 for the service requirements for the relevant leave documents.
Printed documents relating to the application for leave to appeal: Please consult Rules 25 to 31.
Motions:
1. Motions to a judge or the Registrar
The following documents must be filed in print and electronic format via the Electronic Filing Portal:
- motion and supporting material,
- 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 may be filed through the portal if it relates to a proceeding. For example, a response to an application for leave to appeal that is less than 2 pages (see Rule 27(3)) or a response to a motion (see Rule 49(2)), which may be filed in the form of a letter, should be filed via the portal. Other general correspondence should be emailed to the Registry. Please remember to provide copies of correspondence to the other parties.
Preparing the original print version
Document assembly
The documents, which must be prepared to meet the requirements of the Rules, can take 2 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 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 1 to 1.5 linesapart, except for quotations from authorities, which must be indented and single-spaced
- Footnotes: Single spaced, but 1.5 linesapart if they contain an explanation or a comment. The number of words per page includes footnotes.
- Margins: Not less than 2.5 cm
Binding
The print version of 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:
- the title “IN THE SUPREME COURT OF CANADA”, in upper-case letters;
- the name of the court being appealed from, printed in upper-case letters and in parentheses;
- the Supreme Court of Canada’s file number, if one has already been assigned, in the top right-hand corner;
- the style of cause as set out in subrule 22(2) or (3) of the Rules;
- the title of the document and the name and title of the party filing it, printed in upper-case letters between horizontal lines; and
- 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:
- 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;
- for each judgment listed in the table of contents, the neutral citation, if any, followed by any parallel reported citation;
- in the case of a judgment given without recorded reasons, the phrase “no recorded reasons” in the column for page numbers;
- 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
- the cover and any inside cover pages; and
- 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, a facsimile of a handwritten signature on an electronic document, or an electronic signature are required
- on the printed and electronic versions of forms required by the Rules;
- at the end of Part V of a memorandum of argument on an application for leave to appeal or on a motion; and
- at the end of Part VI of a memorandum of argument 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.
- If the print version is signed, the electronic version does not need to include a scanned image of the signature.
Preparing the electronic version
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 at 1-844-365-9662, for further information or if you are having difficulties filing electronic documents.
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
- The table in Part VI of the application for leave to appeal and response to the application for leave to appeal or Part VII 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 1 volume, there must be an electronic version that corresponds each of the printed volumes.
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 software 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 software 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 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: ` ~ ! @ # $ % ^ & * () + = [] {} : ; ’~ ,. ? | " /
Filing the electronic version using the Electronic Filing Portal
Before you can file any documents through the portal, you must register as a user via the Identification Page. You will receive a secure link for registration that will be valid for 8 hours. If the link expires, you can request a new registration link.
The registration request will go to the Registry, who will validate the registration. This process can take up to 72 hours. You must keep this in mind if you have a deadline within 72 hours. Registration is a one-time process.
Once registered, you can request a secure link to file documents through the Electronic Filing Portal, in either a new or existing proceeding, by entering your email address on the identification page. The secure link for filing will be sent via email and will be valid for 24 hours. You can request a new filing link if it expires.
When using the portal:
- You must file at least 1 document.
- Documents must be in either of these formats:
- Portable Data Format (PDF) with the extension.pdf
- Microsoft Word (Word) with the extension .docx
- Emails with the extension .msg or .eml
- Images with the extensions .jpg; .jpeg; .png; .gif; or bmp.
- Documents with the extension .txt and .rtf are not accepted.
- You must file individual documents, not folders.
- Each document must have a unique name.
- An electronic document cannot exceed 75 MB.
- If you exceed this limit, you will receive an automated message that will direct you to contact the Registry for assistance.
- You will get an automated notification that your documents have been received, and once they are reviewed, you will get a confirmation from the Registry that they have been accepted for filing.
The Electronic Filing Portal may not be used for:
- 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 in dynamic PDF format or Form 23B in PDF for print format. 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 for the public record must also be filed, if it is possible to redact the document; the word “Redacted” must appear between the 2 horizontal lines on its cover. Redacted documents should be filed through the Portal.
What to do if the Portal is not available
- If the portal is not available, contact the Registry for approval to file via email, by delivery of a CD/DVD-ROM to the Registry, or via a file-sharing platform.
- For documents filed by email, the subject line of the email must include the Court file number and the following information must be in the body of the email:
- the title of the document being transmitted;
- the name of the party filing the document; and
- 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 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.
- Please contact registry-greffe@scc-csc.ca if you wish to file your documents using a file sharing platform.
- Filing documents using USB flash drives is not permissible.
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. The electronic version does not need to include a scanned image of the signature.
Proof of service in accordance with subrule 20(8) and (9) is required.
Technical requirements
- An electronic document that does not exceed 15 megabytes (MB) can usually be served to the parties 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 in whatever format is acceptable to the party being served.
- 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.
Condensed books
As most appeal hearings have some counsel appearing remotely, the printed and electronic versions of a condensed book must be filed with the Court at least 2 business days prior to the hearing of the appeal (refer to the Specific requirements for documents table for the number of copies).
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 5 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 5 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 am to 5 pm Eastern Time (standard time or daylight saving time, as the case may be).
- A document that is filed through the Electronic Filing Portal, by fax transmission or by email is deemed to have been filed on the day on which it is received by the Registrar at that time in the Eastern Time zone. Should the filing be received on a day that is a holiday, 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 Electronic copy for posting on the SCC website).
All parties must comply with the procedure set out below. Parties should contact the Registry Branch at 1-844-365-9662, or by email at registry-greffe@scc-csc.ca, 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:
- information that is subject to a sealing or confidentiality order;
- information that is subject to a publication ban under an order or under legislation;
- information that is classified as confidential under legislation; or
- information to which public access is restricted in the file in a lower court.
- Form 23A in combined dynamic PDF format* or Form 23A in PDF for print format
- 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.
- Form 23B in dynamic PDF format** or Form 23B in PDF for print format
- 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.
- Form 23A in combined dynamic PDF format* or Form 23A in PDF for print format
* A combined dynamic PDF incorporates the Form 23A and, if applicable, Form 23B. The dynamic version of this form will adjust in accordance with the answers provided. For example, if you have answered “Yes” to any of questions (1) to (4) in Form 23A, you will be required to provide additional information and therefore, a Form 23B will appear on the last page. If you have answered “No” to all of the questions (1) to (4), the form will be limited to Form 23A.
** If a party has already filed a Form 23A with the Registry, a “stand-alone” dynamic Form 23B is available. This form will also adjust in accordance with the answers provided. For example, if you have answered “Yes” to question (2) indicating that you are filing documents containing information subject to a publication ban, a section will appear requesting that you identify the document in question, etc.
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 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 motion to seal is not required |
|
Any document (for example, a factum) that reveals information that is subject to a sealing or confidentiality order |
|
| Any document for which a sealing order is sought in this Court |
|
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 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 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 motion to seal is not required |
|
Any document (for example, a factum) that reveals information that is classified as confidential by legislation |
|
Information to which public access is restricted in the file in a lower court
Parties are required to file Form 23B only (Form 23B in dynamic PDF format or Form 23B in PDF for print format) if they are filing documents that contain information to which public access is restricted in the file in a lower court. Documents that contain such information 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 2 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 they are 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 2 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 1-844-365-9662 or by email at registry-greffe@scc-csc.ca.
Specific requirements for documents
|
Application for leave to appeal |
Respondent’s response to application for leave to appeal |
Applicant’s reply to the response to application for leave to appeal |
|
|---|---|---|---|
| Number of copies to be filed |
Printed: Original and 2 copies |
Printed: Original and 2 copies (unless in form of correspondence) |
Printed: Original and 2 copies (unless in form of correspondence) |
| Additional documents required to be filed |
All forms filed as separate documents in print and electronic formats:
|
||
| Number of copies to be served |
Printed or electronic: 1 copy on all other parties |
Printed or electronic: 1 copy on all other parties |
Printed or electronic: 1 copy on all other parties |
|
Hyperlinking |
The table of authorities must include hyperlinks to the relevant provisions, if available electronically. If the provisions are published in both official languages, hyperlinks to each version are required. | The table of authorities must include hyperlinks to the relevant provisions, if available electronically. If the provisions are published in both official languages, hyperlinks to each version are required. | |
| 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) |
|
Book of authorities, if any |
Condensed book |
|||||
|---|---|---|---|---|---|---|
| Number of copied to be filed |
Printed: Original and copy |
Printed: Original and 23 copies |
Printed: 20 copies of Part I |
Printed: 2 copies |
Printed: 2 copies |
Printed: 14 copies at least 2 business days prior to the hearing of the appeal |
| 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:
All filed as separate documents in both print and electronic formats (see above under Application for leave to appeal) |
Appellant and respondent: Form 23A in dynamic PDF format or Form 23A in PDF for print format and, if applicable, Form 23B in dynamic PDF format or Form 23B in PDF for print format 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. |
Appellant and respondent: Form 24A and Form 24B, as the case may be, in print and electronic formats |
|||||
| Number of copies to be served |
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 |
Electronic: 1 copy on all other parties |
n/a |
|
Hyperlinking |
Optional | The table of authorities must include hyperlinks to the relevant provisions, if available electronically. If the provisions are published in both official languages, hyperlinks to each version are required. | Optional | Optional | Optional | Optional |
| Bookmarks | n/a |
Mirror items in the table of contents in each volume of a document |
n/a | |||
| Binding and covers | n/a |
Appellant: Bound with beige covers |
Bound with orange covers | Bound with green covers |
Appellant: Bound with beige covers |
Appellant: Bound with beige covers |
|
Motion to a judge or the Registrar and any reply |
Response and reply to a motion to a judge or the Registrar |
Response to motion to the Court |
||
|---|---|---|---|---|
| Number of copies to be filed |
Printed: Original and 1 copy, unless filed or submitted with application for leave, then 1 additional copy (3 in total) |
Printed: Original and 1 copy, unless filed or submitted with application for leave, then 1 additional copy (3 in total) |
Printed: Original and 14 copies |
Printed: Original and 14 copies |
| Additional documents required to be filed |
For motion for leave to intervene: Form 14 For originating motion: Form 14, Form 23A in dynamic PDF format or Form 23A in PDF for print format and, if applicable, Form 23B in dynamic PDF format or Form 23B in PDF for print format 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 |
Printed: 1 copy on all parties to the motion |
|
Hyperlinking |
Optional | Optional | Optional | Optional |
| Bookmarks | Optional | Optional | Optional | Optional |
| Binding and covers |
Optional |
Optional |
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 – Submissions on case sensitivity
- Part VII – 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)
Time limits for filing documents
Consult the Deadline calculator tool.
| 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) |
| 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 least 2 business days prior to hearing (paper and an electronic copy) | 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)).
| 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 |
| 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 in dynamic PDF format or Form 23A in PDF for print format and, if applicable, Form 23B in dynamic PDF format or Form 23B in PDF for print format – 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, as signed and entered, and reasons of lower courts (in print format only) (Rule 25(1)(a))
- Memorandum of argument (Rule 25(1)(b)) (print and electronic formats)
- Part I – Concise overview of position with respect to issues of public importance that are raised in the application for leave to appeal and a concise statement of facts
- Part II – Questions in issue (including any constitutional questions)
- Part III – Statement of argument
- Part IV – Submissions concerning costs (maximum 1 page)
- Part V – Order or orders sought
- Maximum 20 pages, Parts I to V
- Part VI – Table of authorities, including authorities listed, with hyperlinks
- Part VII – Statutes, regulations, rules, etc.
- Transcripts or evidence (only relevant excerpts of the transcripts or evidence, including exhibits, relied upon)
- Counsel’s signature
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 in dynamic PDF format or Form 23A in PDF for print format and, if applicable, Form 23B in dynamic PDF format or Form 23B in PDF for print format – 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 that are raised in the application for leave to appeal and a concise statement of facts
- Part II – Questions in issue (including any constitutional questions)
- Part III – Statement of argument
- Part IV – Submissions concerning costs (maximum 1 page)
- Part V – Order or orders sought
- Maximum 20 pages, Parts I to V
- Part VI – Table of authorities, including authorities listed, with hyperlinks
- Part VII – Statutes, regulations, rules, etc.
- Transcripts or evidence (only relevant excerpts of the transcripts or evidence, including exhibits, relied upon)
- Counsel’s signature
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
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 in dynamic PDF format or Form 23A in PDF for print format and, if applicable, Form 23B in dynamic PDF format or Form 23B in PDF for print format – Certificates (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, and including as a schedule to the notice of appeal a copy of the information or indictment, the judgment and the reasons for judgment, if any, of the court of first instance or the notation on the indictment or an equivalent document, and the judgment and the reasons for judgment of the court appealed from.) (print and electronic formats)
- Form 14 – Notice of name (filed as separate document in print and electronic formats)
- Form 23A in dynamic PDF format or Form 23A in PDF for print format and, if applicable, Form 23B in dynamic PDF format or Form 23B in PDF for print format – 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
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 1 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 – Submissions on case sensitivity, if applicable
- Part VII – Table of authorities (including authorities listed, with hyperlinks)
- Counsel’s signature
- Any revised Form 23A in dynamic PDF format or Form 23A in PDF for print format and, if applicable, Form 23B in dynamic PDF format or Form 23B in PDF for print format – 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 – Not applicable
- Part VII – Table of authorities, including authorities listed, with hyperlinks
- Counsel’s signature
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 in dynamic PDF format or Form 23A in PDF for print format and, if applicable, Form 23B in dynamic PDF format or Form 23B in PDF for print format – 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 Form 23A in dynamic PDF format or Form 23A in PDF for print format and, if applicable, Form 23B in dynamic PDF format or Form 23B in PDF for print format – 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 Rule 52) (print and electronic formats for motion to a judge or the Registrar; print and electronic formats for motion before the Court)
- Form 47 or Form 52 – Notice of motion
- Form 23A in dynamic PDF format or Form 23A in PDF for print format and, if applicable, Form 23B in dynamic PDF format or Form 23B in PDF for print format – 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)(b))
- 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)
- Transcripts or evidence (only relevant excerpts of the transcripts or evidence, including exhibits, relied upon)
- Counsel’s signature
How to file your documents
Filing through the Electronic Filing Portal
You can file documents using the Supreme Court of Canada’s Electronic Filing Portal.
Filing print copies
To file print copies, send the required number of copies the Registry. You can send documents by courier, registered mail, regular mail or you can bring your documents to the Court in person.
Send your documents to the address below:
Attention: Registry Branch
301 Wellington Street
Ottawa, Ontario
K1A 0J1
If you are bringing your documents in person, go to the east entrance of the Supreme Court of Canada building. You will file your documents using the e-filing lockers that are located at the East entrance. If necessary, you can book an appointment with the Registry by sending an email to bookingregistry-reservationgreffe@scc-csc.ca.
Still have questions?
The Registry is open Monday to Friday from 8 am to 5 pm (Eastern Time), excluding holidays.
You can reach us by phone at: 1-844-365-9662
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