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A Description of How to Get the Most Strategic Use of an Ottawa (Supreme Court of Canada) Agent

Presented
for the Continuing Legal Education Society
of British Columbia
May 20, 1994
(Revised and updated January 2, 2003 to bring it into conformity with the new Rules)

Table of Contents

I Introduction

II What an Agent Actually Does

  1. The Statutory Necessity for an Agent, and the "One Party per Agent" Rule
  2. Summary List (with statutory references) of matters a Supreme Court of Canada agent does or advises upon
    1. Motions to a Judge or Registrar — Technical Requirements
    2. Motions to the Court — Technical Requirements
    3. The more common interlocutory motions which occur in the Supreme Court of Canada, with their statutory source and technical requirements
      1. Extensions of Appeal
        — Statutory source
        — Technical requirements
        — Comment
      2. Intervening
        — Statutory source
        — Technical requirements
        — Comment
      3. Cross-Examination on an Affidavit
        — Statutory source
        — Technical requirements
        — Comment
      4. Directions (including to expedite or postpone an appeal)
        — Statutory source
        — Technical requirements
        — Comment
      5. Rehearing
        — Statutory source
        — Technical requirements
        — Comment
      6. To Dispense with Printing or Copying Part of the Record
        — Statutory source
        — Technical requirements
        — Comment
      7. To Quash
        — Statutory source
        — Technical requirements
        — Comment
    4. Other matters a Supreme Court of Canada agent does or advises upon
    5. Some important miscellaneous statutory or other points of relevance to agents or their principals
      1. The Gap Rule
      2. July Doesn't Count — or Does it?

III The Main Procedural Steps

(with applicable time periods) in a Supreme Court of Canada Application for Leave to Appeal and Appeal Itself

IV Conclusion

I Introduction

The purpose of this paper is to state:

  • what a Supreme Court of Canada agent actually does
  • the main procedural steps in a Supreme Court of Canada leave to appeal and appeal.

The paper also deals with:

  • a description of the more common interlocutory motions (whether before the Court, a Judge, or the Registrar) in the Supreme Court of Canada

II What an Agent Actually Does

A. The Statutory Necessity for an Agent, and the "One Party Per Agent" Rule

Rule 16(1) of the Supreme Court Rules1 mandates the use of an agent:

"A party to an appeal shall only conduct business with the Registrar's office through an agent."

In other words, an agent is required at the appeal stage, but not required at the leave to appeal stage - whatever the advisability of same.

Rule 16(3) gives the "One Party Per Agent" Rule, but only if both parties consent in writing and a notice filed with the Court.

B. Summary List (with statutory references) of matters a Supreme Court of Canada Agent Does or Advises upon

1. Motions to a Judge or the Registrar — Technical Requirements

There is always a "rota" judge "on duty" as assigned by the Chief Justice (the rotation changes every few weeks) at all times to hear motions within the jurisdiction of a single judge — the Act2 and Rules set out which motions or matter must be heard by:

  • the Court3 (for example, to rehear a case4)
  • by either the Court or a Judge (for example, to receive fresh evidence5 )
  • by the Court, Judge or Registrar (for example, to extend time for filing6)
  • or by a Judge or the Registrar (for example, motion to vary7 )
  • or the Registrar (for example, taxation 8)

One should also note:

  • the "Registrar may refer any matter before him or her to a judge"9
  • subject to the above, every order by the Registrar is binding as if made by a Judge10

The basic technical requirements (recently revised) are as follows:

  • Notice of Motion, supporting affidavit and concise memorandum "when considered necessary"11
  • Served on all parties12 — the "rule" is service then file, with proof of service13
  • can be heard on any day during the Court's published session, or out of session, in consultation with the Clerk of Process office
  • original and two copies are to be filed with the Clerk of Process office14
  • if the other side consents, this can be indicated by a formal Consent (in the form of a pleading) or a letter so saying, and judgment can be rendered without the personal appearance of legal counsel
  • if the other side sends in a "take no position position letter", the Judge may or may not sign off the motion as if it were a consent motion
  • counsel intending to oppose a motion has 10 days to do so15
  • the applicant can put in a reply within 5 days16
  • if heard orally, motions are generally held at 10 a.m. (though often at 9:30 a.m. in Session) and counsel may either write in the date and time in their Notice of Motion (and if so, follow same up by confirming availability with the Clerk of Process office) or leave same blank and request in a cover letter that Clerk of Process staff contact counsel as to available dates and times
  • motions are generally held in the Judge's own Chambers, though if the numbers of lawyers exceeds the number of available chairs or the public has expressed an interest in attending the situs may be moved to the formal Taxation Room or the main Supreme Court Courtroom itself.

The importance of motions should not be underestimated — there is no appeal17.

2. Motions to the Court — Technical Requirements

The three common motions which go to the Court are:

  • to quash an appeal18
  • to deem an appeal abandoned19
  • to adduce further evidence.20

The basic technical requirements for motions to the Court are as follows:

  • the same (highly technical) rules for the form and content of motion materials for the Court are the same as for applications for leaves to appeal,mutatis mutandis21
  • a Notice of Motion is required22
  • the Court generally hears the motions on previously-scheduled motion days
  • the original and 14 copies are to be filed23
  • the respondent must serve and file their response (also original plus 14 copies) within 10 days24
  • the Registrar sends a Notice of Hearing to the parties.25

3. The More Common Interlocutory Motions Which Occur in the Supreme Court of Canada, with their Statutory Source and Technical Requirements

a) Extensions of time

  • Statutory source
    - s.59(1) for leaves to appeal
    - Rule 6
  • Technical requirements
    - Notice of Motion and Affidavit in support26
  • Comment
    - the most common application
    - should not be underestimated, may be contested, and if unsuccessful, no appeal
    - ensure one has solid reasons, and by preference, negotiate a consent
    - if giving a consent, consider what appropriate terms can be negotiated, such as some costs, or agreement that certain matters are to be done, or materials exchanged, according to a detailed schedule
    - it can be a useful tactic to apply for the extension nunc pro tunc as part of the main application itself (for example, the leave to appeal)

b) Intervening27

  • Statutory source
    - Rule 55
  • Technical requirements
    - application for intervention, comprising a Notice of Motion and Affidavit
    - contents of the application are set out in the Rules
  • Comment
    - the application must be made within 4 weeks of the filing of the factum of Appellant, or an extension applied for (can be done as part of the application itself)
    - provincial attorneys general and territorial ministers of justice can intervene as of right pursuant to Rule 61(4) if a constitutional question is stated
    - if one wishes to give oral argument, one should apply for same (generally 10-15 minutes is given)
    - even if one was an intervener below, the practice is that one still needs to re-apply for leave in the Supreme Court
    - one can also apply to intervene in a reference30, and in an application for leave to appeal31

c) Cross-Examination on an Affidavit

  • Statutory source
    - Rule 90
  • Technical requirements
    - the application is to a Judge or the Registrar32,
    - one serves on the party who filed the affidavit a notice requiring the deponent be produced for cross-examination33
  • Comment
    - if the deponent is not produced, their affidavit is struck34
    - before moving to cross-examination, one should consider whether it may be more strategic to:
    • file one's own affidavit in reply
    • move to strike any affidavit (partially or fully) attached to an application for leave to appeal35
    - if responding to an application to cross-examine, one may consider the strategy that opposing counsel file an affidavit prior to any order going — in other words "you can cross-examine me, but only if I can cross-examine you"
    - applications by interveners are rare — in one case L.E.A.F. unsuccessfully applied to cross-examine R.E.A.L. Women36

d) Directions (including to expedite or postpone an appeal)37

  • Technical requirements
    - Notice of Motion and supporting Affidavit38
    - Application is generally made to the Chief Justice
  • Comment
    - the matters that one usually applies for are:
    • to set a special date for the appeal
    • to expedite or postpone the appeal
    • to schedule interim procedural steps leading up to the hearing of the appeal (for example, in multiple party and multiple intervener cases) including dates of submission of factums, record, books of authorities
    • to obtain extra time for oral argument (beyond one half day)
    - motions for directions, as they often deal with scheduling, are dealt with by the Chief Justice, or if she is not available, by the next senior Judge

e) Rehearing

  • Statutory source
    - Rule 73
  • Technical requirements
    - a motion is made to the Court in writing, stating the grounds, supported by a memorandum of argument39
    - the motion is to be made within 30 days after the pronouncement of judgment40
    - and served on all parties which appeared on the appeal41
  • Comment
    - a motion to vary is the way to deal with errors in writing or calculation or other clerical errors
    - rehearings are sometimes made, and sometimes ordered, as to costs
    - a motion to vary generally goes to a Judge or the Registrar, and a motion to rehear to the Court (and if the motion is granted, a full appeal [though may be limited, for example as to costs only] with factums etc. will be heard)
    - there is usually no oral hearing for the motion, though this may be requested, and may be ordered
    - there can be no rehearing on an application for leave or a motion, according to a strict interpretation of the Rules,42 but same has occurred43
    - for "minor" matters such as costs, the same coram usually sits, otherwise it is generally the full Court

f) To Dispense with Printing or Copying Part of the Record

  • Statutory source
    - Rule 41
  • Technical requirements
    - one applies to a Judge or Registrar
  • Comment
    - The Record can be voluminous, as it includes:
    • pleadings, orders, entries, etc.
    • evidence
    • exhibits
    • all judgments in courts below and reasons44 (in one case there were 29 volumes, including transcripts)45
    - the cost of production and printing can be very high, as 24 sets are to be filed46 (plus a set for each of all other parties and interveners)47

g) To Quash

  • Statutory source
    - Rule 63, Section 44
  • Technical requirements
    - one applies to the Court48
    - within 30 days after the filing of a notice of appeal49
    - once the motion to quash has been served, all further proceedings are stayed until the motion is disposed of50
  • Comment
    - reasons to apply to quash an appeal include:
    • lengthy delay (usually over one year) on the part of the appellant
    • mootness
    • in criminal cases where a case is not an "as of right" case and leave should have been applied for
    • lack of jurisdiction
    • no "final judgment" is involved
    • one of the parties has passed away

4. Other Matters a Supreme Court of Canada Agent does or advises upon

An agent attends to many routine matters such as:

  • being available during the Court's office hours to receive telephone communications
  • dealing with scheduling, and dealing with Court staff to obtain a convenient date for principal counsel
  • a "registered office" for acceptance for service (or simple acceptance) of documents and other material remitted by other counsel or agents, or the Court
  • receipt, review, filing and service of materials
  • drafting of standard documents such as notices of appeal, deposit of security, bills of costs

Agents can also be called upon to provide:

  • copies of "Objective Summaries" prepared by in-house legal counsel, by personal attendance in the Registry, to be remitted to one's principal
  • advice as to the practice and procedure of the Court and its Registry (for example, the Federal Court will not accept copies of faxed documents confirming service, but the Supreme Court of Canada will)
  • prepare documentation for motions before the Court or a Judge, and appear on same
  • review drafts of material to be filed (including factums) for technical compliance with the Rules
  • organize printing and production of factums, cases on appeal, or books of authorities — whether in-house or using certain experienced printing houses

Increasingly, interlocutory matters and pre-appeal matters at the Supreme Court of Canada are becoming more adversarial and tactical. Various courtesies and consents may be extended, or withheld, for strategic, or other, reasons. Given that when a particular appeal should be heard may be important to parties (for example, timing may be relevant to settlement possibilities, or waiting for other decisions [in the Supreme Court of Canada or otherwise], or may be affected by whether one's principal's client is in custody), some counsel may endeavour to consider certain procedures with a view to expediting or delaying an appeal.

It may be that some counsel feel obliged to bring certain interlocutory motions, such as cross-examining on an affidavit, applying to state a constitutional question, or inviting a particular interest group to intervene (and pay their legal fees), for other than the substance of the motion or application itself. For strategic reasons it does on occasion happen that counsel gives the procedural appearance of endeavouring to expedite matters but in reality doing otherwise.

5. Some Important Miscellaneous Statutory or Other Points of Relevance to Agents or their Principals

a) The Gap Rule

There is a Gap Rule both in the Act and the Rules.

The Act:
s.56: Proceedings on an appeal shall, when not otherwise provided for by this Act, the Act providing for the appeal or the general rules and orders of the Court, be in conformity with any order made, on application by a party to the appeal, by the Chief Justice or, in the absence of the Chief Justice, by the senior puisne judge present.

The Rule:
Rule 3: Whenever these Rules contain no provision for exercising a right or procedure, the Court, a judge or the Registrar may adopt any procedure that is not inconsistent with these Rules or the Act.

b) July doesn't count — or does it?

July doesn't count for the calculation of any Supreme Court of Canada time period51 except:

  • the Record52
  • appeal factums53
  • books of authorities54

"Inscription" of cases as a procedure doesn't really exist any more. Under the previous Rules (Rules 11(4) and 44(2)) July counted for inscription, but because the Registrar now sets down cases for hearing dates generally as soon as there are enough appeals to be heard, "inscription" is not relevant, as hearing dates can be assigned at any time including July (i.e. appeals are not heard in July, but hearing dates for a subsequent session may then be assigned).


III The Main Procedural Steps

Step

Section/
Rule

Time Period

Court Deadline

1. Leave to Appeal (LTA)

s.58(1)(a)
R. 25/26

"Serve & file within 60 days after the date of the judgment appealed from 55

  • structure and content see R. 25 (grey cover)
  • file original + 5 copies (previously 5 total)
  • for service see R. 26 & s. 58(1)(a)
    IMP: Rule 26: copy of Notice of Application to all other parties and interveners in the court appealed from (ordinary mail last known address); file with Registrar affidavit attesting to names of parties & interveners & addresses to which copies were sent
    IMP: for Appeals as of Right, it's 30 days (to file NoA), NOT 60
    		•

    2. Response (R)

    R. 27

    Serve & file within 30 days after service of LTA (previously 30 clear days)

  • original + 5 copies
  • green cover
    		•


    3. Reply (Ry)

    R. 28

    Serve & file within 10 days after service of Response (previously 7 clear days)

  • original + 5 copies
  • grey cover
    		•


    4. Leave to Cross Appeal

    R. 29

    Serve & file within 30 days after service of LTA/NoA if AoR

  • original + 5 copies
  • green cover
    IMP: R. 29(1)(b): copy of Notice of Application to all other parties & interveners in the court appealed from (ordinary mail last known address)
    R. 29(1)(c): file with Registrar affidavit attesting to names of parties & interveners & addresses to which copies sent
    		•


    5. Response to Cross-Appeal

    R. 30
    Form 29

    Serve & file within 30 days after service of Application for leave to Cross-Appeal

  • original + 5 copies
  • grey cover
    		•


    6. Reply to Cross-Appeal

    R. 31

    Serve and file within 10 days after service of Response

  • original + 5 copies
  • green cover
    		•


    7. Leave to Appeal
    Granted
    Dismissed
    With Costs
    Without Costs

    Date of Judgment:

    8. Judgment & Notice of Deposit of Judgment

    Sent by Clerk of Process within 1 week after LTA judgment.

    9. Order ("Formal Order granting Leave" - FOGL)

    (Now) done by SCC

    10. Notice of Appeal (NoA)

    s. 60(1)(a)
    s. 58(1)(b)
    s. 60(4)
    s. 63
    RR. 33-34
    Form 33

    Serve & file within 30 days of LTA granted, or 30 days of judgment appealed from if AoR56

  • file (within 21 days of NoA filed in SCC) copy with court appealed from (request in letter that court send their appeal court record to S.C.C. - write to client to see if they will do so/want us to).
    IMP: R. 33: if AoR, to include:
  • QoL on which dissenting judgment based
  • Judgment & reasons
  • Form 25B re: whether sealing order/publication ban
    IMP: R. 34: NoA must be sent to all other parties and interveners in the court appealed from (ordinary mail last known address); file with Registrar affidavit attesting to names of parties & interveners & addresses to which copies sent.
  • s.57: Appellant can limit grounds of appeal.
    		•

    10. Notice of
    Appeal (NoA)

    s. 60(1)(b)
    s. 64
    (amendment pending to abolish)

    Serve & file within 30 days of LTA granted, or 30 days of judgment appealed from if AoR57

  • file (within 21 days of NoA filed in SCC) copy with court appealed from (request in letter that court send their appeal court record to S.C.C.
  • write to client to see if they will do so/want us to).
    IMP: R. 33: if AoR, to include:· QoL on which dissenting judgment based
  • Judgment & reasons
  • Form 25B re: whether sealing order/publication banIMP: R. 34: NoA must be sent to all other parties and interveners in the court appealed from (ordinary mail last known address); file with Registrar affidavit attesting to names of parties & interveners & addresses to which copies sent.
  • s.57: Appellant can limit grounds of appeal.
    		•

    11. Security
    Deposit (SD)

    s. 60(1)(b)
    s. 64
    (amendment pending to abolish)

    $500 within 30 days of LTA judgment. Do at same time as NoA.
    Not if: criminal, habeas corpus, Federal Court, election cases, or "appeals by or on behalf of the Crown"

    12. Constitutional
    Question

    s. 60(1)(b)
    s. 64
    (amendment pending to abolish)

    Serve & file within 30 days after LTA has been granted or after filing NoA in appeal for which leave is not required 58

    13. Application
    to Intervene

    RR. 60-61

    LTA: within 30 days after filing of application for LTA
    Appeal: within 4 weeks after filing of factum of appellant

    14. Motion to Quash

    s. 44
    R. 63

    Within 30 days after filing of a proceeding (previously 60 days after NoA)

    15. "Case" or "Appeal Court Record"

    s. 63

    Sent by CA to SCC ("as soon as may be" after service of the NoA on the CA).

    16. Appellant's Factum
    (AF)
    Appellant's Record
    (AR)
    Appellant's Book of Authorities (ABA)
    If Cross-Appeal, see RR.35(3)-(4)36(2)(a)(i)43
    Form 29

    R. 35
    R. 38
    R. 40
    R. 42
    R. 44

    Serve & file within 12 weeks after filing NoA58 (ie 1 month less)If CQ, 12-week period starts running once CQ decided).
    Serve:

  • 3 copies Factum
  • 1 copy Record & Book of Auths.
  • 1 copy of Factum and Book of Auths. on intervener who requests
    File:
  • original + 23 copies Factum, & Record with Parts I & II
  • 12 copies of other volumes of Record
  • 14 copies Book of Auths.
    Factum: beige
    Record: orange
    Book of Auths.: beige
    Contents of Record: R. 38
    Printing of Record: R. 40
    Contents of Factum: R. 42
    Contents of Book of Auths.: R. 44
    		•

    17. Respondent's Factum (RF)

    Respondent'sRecord (RR)

    Respondent's Book of Authorities (RBA)

    R. 36
    R. 39
    R. 42
    R. 44

    Serve & file within 8 weeks of service of Appellant's Factum and Record
    Serve:

  • 3 copies Factum
    1 copy Record &Book of Auths.
  • 1 copy of Factum &Book of Auths. on intervener who requests
    File:
  • original + 11 copies Record
  • original + 23 copies Factum
  • 14 copies Book of Auths.
    Factum: green
    Record: grey
    Book of Auths.: green
    Contents of Record: R. 39
    Printing of Record: R. 40
    Contents of Factum: R. 42
    Contents of Book of Auths.: R. 44
    		•

    18. Intervener's Factum

    Intervener's Book of Authorities

    R. 37
    R. 44

    Serve & file within 8 weeks of order granting leave to intervene or if an Attorney General, within 20 weeks of the filing of a notice of intervention under R. 61(4)
    Serve:

  • 1copy (Factum & Book of Auths.)
    File:
  • original +23 copies Factum
  • 14 copies Book of Auths.
    Covers: blue
    Contents of Book of Auths.: R. 44
    		•

    19. Scheduling Appeal

    R. 69(2)

    After Respondent's factum is filed or due (8 weeks after AF) Registrar issues list of appeals and send notice of hearing to all parties.

    20. Condensed Book

    R. 45

    If Record & Book of Authorities 3 or more volumes
    Serve: 1 on all parties
    File:

  • 14 copies with Registrar on day of hearing
  • same colour as Factum
    		•

    21. Name of Counsel appearing at Appeal, to Registrar

    R. 71(4)

    At least 2 weeks before the appeal is heard [mark date here when informed of date of Appeal]

    22. Book of excerpts for Oral Argument

    Sopinka Book "Conduct of an Appeal"

    File in SCC & give to other counsel morning of appeal.

    23. Appeal
    Granted
    Dismissed
    With Costs
    Without Costs

    Date of Hearing:


    Date of Judgment:

    24. (Formal) Judgment

    Sent by Clerk of Process approx. 2 days after Judgment rendered.

    Date of Hearing:


    Date of Judgment:

    25. Application to Rehear

    R. 76

    Before judgment or within 30 days

    26. Payment out of Security for Costs

    R. 86

    No time period. On Motion to the Registrar.

    27. Discontinuance or Dismissal

    R. 93
    R. 64(LTA)
    s. 69R.65
    (appeal)

    No time period. On Motion to the Registrar.

    Other Important Time Periods

    Motion to Court

    RR. 52-54
  • Original and 14 copies (grey cover)
  • Response: within 10 days after service of motion (green cover)
  • After Response filed/10 day period ended, Registrar sends notice of hearing
    		•

    Motion to single Judge or Registrar

    RR. 47-51
  • Original and 2 copies
  • Motion related to LTA may be filed with LTA
  • Response: within 10 days after service
  • Reply: within 5 days after service
    		•

    Abbreviations (for use herein or elsewhere)

    LTA : Leave to Appeal
    LTI : Leave to Intervene
    NoA : Notice of Appeal
    AoR : As of Right
    R : Response or Respondent
    Ry : Reply
    A : Applicant or Appellant
    CQ : Constitutional Question
    F : Factum
    AR : Appellant's Record
    AF : Appellant's Factum
    ABA : Appellant's Book of Authorities
    QoL: : Question of Law

    CoP : Clerk of Process
    NTP : Notice to Profession
    N/M : Notice of Motion
    SD : Security Deposit
    I : Intervener
    CA : Court of Appeal
    CC Criminal Code
    PoJ : Pronouncement of Judgment
    FJ : Formal Judgment
    RR : Respondent's Record
    RF : Respondent's Factum
    RBA : Respondent's Book of Authorities

    1. Motion to a Judge or the Registrar
      • Must include draft of Order sought including costs: Rule 47(1)(e)
    2. Computation of time
      1. Holiday: a holiday is not included in computing a period of less than 6 days (Rule 5(2))
      2. July: July not included in computation of time except for service and filing of:
        (1) Record (2) Factum (3) Book of Authorities (Rule 5(3))
      3. Time is otherwise computed according to Interpretation Act.
    3. Computation of Days
      1. new Rules make no reference to clear days
      2. all references to number of days refers to calendar days
      3. the day on which the first event occurs is excluded
      4. the day on which the second event occurs is included
        (s. 27(2) Interpretation Act)

    IV Conclusion

    The above is a brief description of what a Supreme Court of Canada agent actually does, and the main procedural steps in a Supreme Court of Canada Leave to Appeal and appeal.

    It is an overview only, emphasizing the practicalities of this "specialty" practice, and hopefully will serve as a helpful basic introduction, to counsel who have a case going to the Supreme Court.


    1. SOR/2002-156, Act is Supreme Court Act R.S. 1985,c.S-26, as amended
    2. Supra, note 1.
    3. The coram is five. Act, s.25.
    4. Rule 76.
    5. Act, s. 62(3).
    6. Rule 6.
    7. Rule 81.
    8. Rule 83.
    9. Rule 13
    10. Rule 12.
    11. Rule 47(1).
    12. Rule 48.
    13. Rule 20.
    14. Rule 48(1)(b).
    15. Rule 49.
    16. Rule 50.
    17. Unless further material or clear oversight is alleged (e.g. R. v. Finta, Apr. 23, 1993, unreported).
    18. Rule 63.
    19. Rule 64.
    20. Section 62(3).
    21. Rules 52-54.
    22. Rule 52(1)(a).
    23. Rule 53(b).
    24. Rule 54.

    25. Rule 54(4).
    26. Rule 47.

    27. For a detailed discussion see E. Meehan "Intervening in the Supreme Court of Canada" (1994) 16 Advocates Quarterly 137.
    28. Rule 57(1).
    29. Rule 57(2).
    30. Rule 55.
    31. Rule 55.
    32. Rule 90(1).
    33. Rule 90(1).
    34. Rule 90(6).
    35. Rule 26(1)(b).
    36. Borowski v. A.G. (Can.). May 19, 1988.
    37. One can also apply for directions where the Respondent is late in filing their factum or the Intervenor is late in filing , but these are not common, being rather dealt with by way of an extension.
    38. Rule 47.

    38. Rule 73(3).
    39. Rule 73(2).
    40. Rule 73(2).
    41. Rule 75.
    42. Reekie v. Messervey [1990] 1 S.C.R. 219.
    43. Rule 38.
    44. Richard B. v. A.G. (Ont.) (S.C.C. file no. 23298).
    45. Rule 35(1)(c).
    46. Rule 35(1)(a) & (b).
    47. Rule 63(1).
    48. Rule 63(1).
    49. Rule 63(2).
    50. Rule 5(3).
    51. Rules 5(3).
    52. Rules 5(3).
    53. Rules 5(3).
    54. Rules 5(3).
    55. s. 58(2) and R. 5(3) - July does not count for LTA or NoA deadlines or other time periods except as specified in R. 5(3) (ie. record, factum or book of authorities at appeal stage).
    56. NoA must set out the provision of the statute that authorises the appeal. In the case of an appeal under Criminal Code see Rule 33(1)(d).
    57. Rule 60 now allows an A.G. to bring a Motion to state a constitutional question without being required first to obtain leave to intervene.
    58. R. 35(2): If a motion to state CQ filed, 12-week period starts running once CQ decided.