Guide to the 2024 amendments to the Rules of the Supreme Court of Canada

Coming into force on June 3, 2024

Definitions

Rule 2
A definition for the electronic filing portal is added.

The definition of person will now refer to His Majesty the King in place of Her Majesty the Queen.

Electronic Filing Portal/Filing of Documents

Rule 19
In 2023, the Supreme Court of Canada Electronic Filing Portal was launched. It is now the primary method for filing documents with the Court.

The amendments to Rule 19 add the electronic filing portal to the list of methods for filing documents with the Registrar.

The Portal cannot be used for filing documents that are under seal.

Documents are deemed to have been filed on the day that they are received, which in the case of documents filed through the portal means they can be received up to 11:59 p.m. in the Eastern time zone.

The amended rule 19 clarifies that documents that must be bound when filed in print format may be filed through the portal.

Service of Documents

Rule 20
Clarification that service of documents by email can be proven by an affidavit that attaches the email, a read or delivery receipt or confirmation from the party served.

Condensed Books

Rule 45
A condensed book must contain an outline of the oral argument. Previously, the outline was optional.

Motions

Rule 47
The requirement to file a draft order with a notice of motion is repealed.

Appearances

Rule 71
Counsel who are presenting argument must provide their names to the Registrar four weeks ahead of the hearing. Previously, it was two weeks.

Tariff of Fees and Disbursements — Schedule A and Schedule B

The filing fee for notices of application for leave to appeal, notices of appeal as of right, notices of motion and notices of taxation is repealed.

A fee has been added for the preparation of the electronic version of an application for leave to appeal, an application for leave to cross-appeal, a motion book, a response or reply.

Changes made to clarify claims for reimbursement of disbursements.

Forms

Various forms affected by the amendments have been amended accordingly.

Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic)

The Registry will be updating the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic) to reflect the above noted amendments closer to their coming into force date.