Procedure for Appeal to Supreme Court of Canada

General Principles

See also: Appeals to the Supreme Court of Canada

Procedure in Appeals

The Appeal

Proceedings in appeal

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.
R.S., c. S-19, s. 63R.S., c. 44(1st Supp.), s. 5

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Limited appeal

57 The appellant may appeal from the whole or any part of any judgment or order and, if the appellant intends to limit the appeal, the notice of appeal shall so specify.
R.S., c. S-19, s. 64

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Judgment Final and Conclusive

Exclusive ultimate appellate jurisdiction

52 The Court shall have and exercise exclusive ultimate appellate civil and criminal jurisdiction within and for Canada, and the judgment of the Court is, in all cases, final and conclusive.
R.S., c. S-19, s. 54

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Appeals with leave of provincial court

37 Subject to sections 39 and 42, an appeal to the Supreme Court lies with leave of the highest court of final resort in a province from a final judgment of that court where, in the opinion of that court, the question involved in the appeal is one that ought to be submitted to the Supreme Court for decision.
R.S., c. S-19, s. 38

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Appeals with leave of Supreme Court

40 (1) Subject to subsection (3), an appeal lies to the Supreme Court from any final or other judgment of the Federal Court of Appeal or of the highest court of final resort in a province, or a judge thereof, in which judgment can be had in the particular case sought to be appealed to the Supreme Court, whether or not leave to appeal to the Supreme Court has been refused by any other court, where, with respect to the particular case sought to be appealed, the Supreme Court is of the opinion that any question involved therein is, by reason of its public importance or the importance of any issue of law or any issue of mixed law and fact involved in that question, one that ought to be decided by the Supreme Court or is, for any other reason, of such a nature or significance as to warrant decision by it, and leave to appeal from that judgment is accordingly granted by the Supreme Court.

Application for leave

(2) An application for leave to appeal under this section shall be brought in accordance with paragraph 58(1)(a).

Appeals in respect of offences

(3) No appeal to the Court lies under this section from the judgment of any court acquitting or convicting or setting aside or affirming a conviction or acquittal of an indictable offence or, except in respect of a question of law or jurisdiction, of an offence other than an indictable offence.

Extending time for allowing appeal

(4) Whenever the Court has granted leave to appeal, the Court or a judge may, notwithstanding anything in this Act, extend the time within which the appeal may be allowed.
R.S., 1985, c. S-26, s. 40R.S., 1985, c. 34 (3rd Supp.), s. 31990, c. 8, s. 37

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Applications for leave to appeal

43 (1) Notwithstanding any other Act of Parliament but subject to subsection (1.2), an application to the Supreme Court for leave to appeal shall be made to the Court in writing and the Court shall

(a) grant the application if it is clear from the written material that it does not warrant an oral hearing and that any question involved is, by reason of its public importance or the importance of any issue of law or any issue of mixed law and fact involved in the question, one that ought to be decided by the Supreme Court or is, for any other reason, of such a nature or significance as to warrant decision by it;

(b) dismiss the application if it is clear from the written material that it does not warrant an oral hearing and that there is no question involved as described in paragraph (a); and

(c) order an oral hearing to determine the application, in any other case.

Remand of case

(1.1) Notwithstanding subsection (1), the Court may, in its discretion, remand the whole or any part of the case to the court appealed from or the court of original jurisdiction and order any further proceedings that would be just in the circumstances.

Mandatory oral hearing

(1.2) On the request of the applicant, an oral hearing shall be ordered to determine an application for leave to appeal to the Court from a judgment of a court of appeal setting aside an acquittal of an indictable offence and ordering a new trial if there is no right of appeal on a question of law on which a judge of the court of appeal dissents.

Time for oral hearing

(2) Where the court makes an order for an oral hearing, the oral hearing shall be held within thirty days after the date of the order or such further time as the Court determines.

Quorum

(3) Any three judges of the Court constitute a quorum for the consideration and determination of an application for leave to appeal, whether or not an oral hearing is ordered.

Exception

(4) Notwithstanding subsection (3), five judges of the Court constitute a quorum in the case of an application for leave to appeal from a judgment of a court

(a) quashing a conviction of an offence punishable by death; or

(b) dismissing an appeal against an acquittal of an offence punishable by death, including an acquittal in respect of a principal offence where the accused has been convicted of an offence included in the principal offence.

R.S., 1985, c. S-26, s. 43R.S., 1985, c. 34 (3rd Supp.), s. 41990, c. 8, s. 381994, c. 44, s. 981997, c. 18, s. 138

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Orders

Judgments

Quashing proceedings in certain cases

44 The Court may quash proceedings in cases brought before it in which an appeal does not lie, or whenever such proceedings are taken against good faith.
R.S., c. S-19, s. 46

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Appeal may be dismissed or judgment given

45 The Court may dismiss an appeal or give the judgment and award the process or other proceedings that the court whose decision is appealed against should have given or awarded.
R.S., c. S-19, s. 47

New trial may be ordered

46 On any appeal, the Court may, in its discretion, order a new trial if the ends of justice seem to require it, although a new trial is deemed necessary on the ground that the verdict is against the weight of evidence.
R.S., c. S-19, s. 48

Appeal may be remanded

46.1 The Court may, in its discretion, remand any appeal or any part of an appeal to the court appealed from or the court of original jurisdiction and order any further proceedings that would be just in the circumstances.
1994, c. 44, s. 99

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Certificate of Judgment

Judgment to be carried out by court below

51 The judgment of the Court in appeal shall be certified by the Registrar to the proper officer of the court of original jurisdiction, who shall make all proper and necessary entries thereof, and all subsequent proceedings may be taken thereon as if the judgment had been given or pronounced in the last mentioned court.
R.S., c. S-19, s. 53

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Notice of Appeal

Procedure on appeal

60 (1) An appeal shall be brought, within the time prescribed by section 58 or allowed under section 59, by

(a) serving a notice of appeal on all parties directly affected; and

(b) depositing with the Registrar security to the value of five hundred dollars that the appellant will effectually prosecute the appeal and pay such costs and damages as may be awarded against the appellant by the Court.

[omitted (2) and (3)]

Service and filing of notice of appeal

(4) The notice of appeal with evidence of service thereof shall be filed with the Registrar and a copy of the notice shall be filed with the clerk or other proper officer of the court appealed from within twenty-one days from the time prescribed by section 58 or allowed under section 59.
R.S., c. S-19, s. 66R.S., c. 44(1st Supp.), s. 6

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When error in law alleged

61 Whenever error in law is alleged, the proceedings in the Court shall be in the form of an appeal.
R.S., c. 44(1st Supp.), s. 6

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Transmission of record

63 The clerk or other proper officer of the court appealed from shall, on payment to that clerk or officer of the proper fees and expenses of transmission, transmit the case, as soon as may be after service on the clerk or officer of the notice of appeal, to the Registrar, and further proceedings shall thereupon be had according to the practice of the Supreme Court.
R.S., c. S-19, s. 68

Exceptions

64 The provisions of this Act requiring the deposit of security for costs do not apply to appeals by or on behalf of the Crown or in election cases, in cases in the Federal Court of Appeal or the Federal Court, in criminal cases or in proceedings for or on a writ of habeas corpus.
R.S., 1985, c. S-26, s. 64; 2002, c. 8, s. 176

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Leave to Appeal

Leave to Appeal to the Supreme Court of Canada

Timing of Notice to Appeal

Undere s. 58 SCA the notice and all supporting leave materials must be served on the parties and filed with the Registrar within 60 days after the date of the judgement.

Time periods for appeals

58 (1) Subject to this Act or any other Act of Parliament, the following provisions with respect to time periods apply to proceedings in appeals:

(a) in the case of an appeal for which leave to appeal is required, the notice of application for leave to appeal and all materials necessary for the application shall be served on all other parties to the case and filed with the Registrar of the Court within sixty days after the date of the judgment appealed from; and

[omitted (b) re timing when leave not required and (2)]

R.S., 1985, c. S-26, s. 58R.S., 1985, c. 34 (3rd Supp.), s. 51997, c. 18, s. 139

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Calculation of Time

Time periods for appeals

58 [omitted (1) and (b) re timing when leave not required]

Computation of time periods

(2) The month of July shall be excluded in the computation of a time period referred to in subsection (1).
R.S., 1985, c. S-26, s. 58R.S., 1985, c. 34 (3rd Supp.), s. 51997, c. 18, s. 139

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Computation of Time

5 (1) The computation of time under these Rules or under an order of the Court, a judge or the Registrar is governed by the Interpretation Act.
(1.1) If the filing and serving are to be done within a specified number of weeks after a specified day or event, the period is calculated by

(a) excluding that day or the day of the event; and

(b) including the last day of the last seven-day period.

(2) A day that is a holiday shall not be included in computing a period of less than six days under these Rules.
(3) The month of July shall not be included in the computation of time under these Rules except for the service and filing of a notice of intervention under subrule 33(4), a factum, record or book of authorities on an appeal or a cross-appeal under Rules 35 to 37 and a motion for intervention under paragraph 56(b), including any response or reply.
(4) A day that is a holiday and the month of July shall be included in the computation of time under an order of the Court, a judge or the Registrar.
SOR/2006-203, s. 1SOR/2011-74, s. 2SOR/2013-175, s. 2SOR/2016-271, s. 3
5.1 Unless otherwise directed by the Court, a judge or the Registrar, and subject to section 58 of the Act, the period beginning on December 23 in a year and ending on January 3 in the following year is not to be included in a computation of time under these Rules for the service and filing of documents, except for the service and filing of a notice of constitutional question under subrule 33(2).
SOR/2006-203, s. 1SOR/2011-74, s. 3SOR/2016-271, s. 4SOR/2019-1, s. 1

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Extension of Time

Extension of time for appeal

59 (1) Notwithstanding anything in this Act or any other Act of Parliament, the court proposed to be appealed from or any judge thereof or the Supreme Court or a judge thereof may under special circumstances, either before or after the expiration of a time period prescribed by section 58, extend that time period.

Terms

(2) Where a court or judge grants an extension of time under subsection (1), that court or judge shall impose such terms as to security or otherwise as seem proper under the circumstances.

Non-application to election cases

(3) This section does not apply to appeals under section 532 of the Canada Elections Act.

Appeals in forma pauperis

(4) Notwithstanding anything in this Act, a judge may, on an application for leave to appeal in forma pauperis, allow an appeal by giving the applicant leave to serve notice of appeal although the time prescribed by section 58 has expired.
R.S., 1985, c. S-26, s. 59R.S., 1985, c. 34 (3rd Supp.), s. 62000, c. 9, s. 572

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Discontiunance

Discontinuance of Proceedings

Notice

69 (1) An appellant may discontinue the proceedings by giving to the Registrar and the respondent a notice entitled in the Court and in the cause, and signed by the appellant or the appellant’s attorney or solicitor, stating that the appellant discontinues the proceedings.

Respondent entitled to costs

(2) On the notice referred to in subsection (1) being given, the respondent is at once entitled to the costs of and occasioned by the proceedings in appeal, and may, in the court of original jurisdiction, either sign judgment for those costs or obtain an order from that court or a judge thereof for their payment, and may take all further proceedings in that court as if no appeal had been brought.
R.S., c. S-19, s. 74R.S., c. 44(1st Supp.), s. 8

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Dismissal for Delay

Dismissal for delay to proceed

71 (1) Where an appellant unduly delays to prosecute the appeal, or fails to bring on the appeal to be heard at the first session of the Court, after the appeal is ripe for hearing, the respondent may, on notice to the appellant, move the Court, or a judge in chambers, for the dismissal of the appeal.

Order

(2) Such order shall thereupon be made as the Court or judge deems just.
R.S., c. S-19, s. 76

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Misc

Entry of Causes

Entry of appeals and order of hearing

79 Unless otherwise ordered by the Chief Justice or one of the puisne judges at the Chief Justice’s direction, the appeals set down for hearing shall be

(a) entered by the Registrar on a list in the order in which they have been inscribed for hearing; and

(b) heard in the order that the Registrar considers appropriate and disposed of.

R.S., 1985, c. S-26, s. 791990, c. 8, s. 411994, c. 44, s. 102

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Judges may make rules and orders

97 (1) The judges, or any five of them, may make general rules and orders

(a) for regulating the procedure of and in the Court and the bringing of cases before it from courts appealed from or otherwise, and for the effectual execution and working of this Act and the attainment of the intention and objects thereof;

(b) for allowing appeals in forma pauperis by leave, notwithstanding the provisions of this Act or any other Act requiring the giving of security for costs, and for allowing a respondent leave to defend in forma pauperis;

(c) for empowering the Registrar to do any such thing and transact any such business as is specified in the rules or orders, and to exercise any authority and jurisdiction in respect of the rules or orders as may be done, transacted or exercised by a judge sitting in chambers by virtue of any statute or custom or by the practice of the Court;

(d) for fixing the fees and costs to be taxed and allowed to, and received and taken by, and the rights and duties of, the officers of the Court;

(e) for awarding and regulating costs in the Court in favour of and against the Crown, as well as the subject; and

(f) with respect to matters coming within the jurisdiction of the Court, with respect to references to the Court by the Governor in Council, and in particular with respect to investigations of questions of fact involved in any such reference.

Extent of rules and orders

(2) The rules and orders may extend to any matter of procedure or otherwise not provided for by this Act, but for which it is found necessary to provide, in order to ensure the proper working of this Act and the better attainment of the objects thereof.

Force of rules and orders

(3) All rules not inconsistent with the express provisions of this Act have force and effect as if herein enacted.

Copies to be laid before Parliament

(4) Copies of all rules and orders made under this section shall be laid before each House of Parliament on any of the first fifteen days after the making thereof on which that House is sitting.
R.S., 1985, c. S-26, s. 97R.S., 1985, c. 34 (3rd Supp.), s. 7

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Adjournments

Adjournment

7 (1) The Chief Justice or, in his or her absence or at his or her request, any other judge may, on motion or on the judge’s own initiative, adjourn the hearing of any proceeding.
(2) The affidavit in support of a motion for an adjournment shall set out the facts or reasons for the adjournment.

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Dispensing with Compliance

8 (1) The Court, a judge or unless these Rules provide otherwise, the Registrar may, on motion or on their own initiative, excuse a party from complying with any of these Rules.
(2) The Court, a judge or the Registrar may refuse a document that does not comply with these Rules or that has not been served in accordance with these Rules or an order of the Court, a judge or the Registrar.
(3) Documents that do not comply with these Rules may be excluded from costs upon the order of the Court, a judge or the Registrar.

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Filings

Document filings

Filing of Documents

19 (1) Subject to subrule (1.1), a document — including a document that these Rules require to be bound — may be filed with the Registrar

(a) through the electronic filing portal;

(b) by fax transmission or email;

(c) by hand delivery; or

(d) by mail or courier.

(1.1) The documents referred to in subrules 19.1(1) and (2) must be filed with the Registrar by hand delivery, mail or courier.
(2) On receipt of a document, the Registrar may

(a) accept or reject the document for filing; or

(b) accept the document for filing subject to the making of any corrections or the fulfilling of any conditions precedent.

(2.1) to (2.3) [Repealed, SOR/2011-74, s. 7]
(3) A document that is filed by hand delivery, mail or courier is deemed to have been filed on the date of the Court’s filing stamp on that document, unless the Court, a judge or the Registrar otherwise orders.
(3.1) 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, unless that day is a holiday, in which case the document is deemed to have been filed on the following day that is not a holiday.
(3.2) In the case of a document that is filed through the electronic filing portal, by fax transmission or by email, the time of its receipt by the Registrar is that time in the Eastern time zone.
(4) A document that is filed by fax transmission or email must include a cover page that meets the requirements of subrule 20(3) or the information referred to in paragraphs 20(3.1)(a), (b), (d) and (e), as the case may be.
(5) Within five business days after the day on which a document, other than correspondence referred to in subrule (7), is filed through the electronic filing portal, by fax transmission or by email, the original and the required copies of the document must be bound, if applicable, and must be filed by hand delivery, mail or courier.
(6) All documents filed, other than correspondence referred to in subrule (7), shall be served in accordance with Rule 20 on all parties unless these Rules provide otherwise or the Court, a judge or the Registrar otherwise orders.
(7) A copy of any correspondence between parties, or between a party and the Registrar, that has been filed shall be sent to all other parties by hand delivery, mail or courier to the last known address or, if the address for service of the recipient party includes a fax number or an email address, by fax transmission to the last known fax number or by email to the last known email address.
SOR/2006-203, s. 2SOR/2011-74, s. 7SOR/2013-175, s. 11SOR/2024-73, s. 3

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Factum

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.

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List of Bookmarks/Headers

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/Headers

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

Definitions

PART 1

Application and Interpretation

Application

1 Except as otherwise provided by the Act or any other Act of Parliament, these Rules apply to all proceedings in the Court.

Interpretation

2 The following definitions apply in these Rules.
"Act" means the Supreme Court Act. (Loi)
affidavit includes an affirmation and a statutory declaration. (affidavit)
agent means a lawyer practising in the National Capital Region within the meaning of the National Capital Act. (correspondant)
application for leave to appeal means an application for leave to appeal referred to in Rule 25 and section 40 of the Act. (demande d’autorisation d’appel)
attorney general means the Attorney General of Canada, an attorney general of a province or a minister of Justice of a territory. (procureur général)
authorities includes legislative enactments, case law, articles and texts, treaties and excerpts from them. (sources)
commissioner for oaths includes any person authorized under federal or provincial legislation or rules of practice, as the case may be, to conduct examinations. (commissaire à l’assermentation)
counsel means a member of the bar of a province. (procureur)
electronic filing portal means the electronic filing portal on the Court’s website or on any other website specified in a direction given by the Court. (portail de dépôt électronique)
holiday means a holiday as defined in the Interpretation Act and includes Saturday. (jour férié)
last known address means the address that appears on the most recently filed document, whether it is a document filed in the Court or in the court appealed from, or, if applicable, on the notice of change that was most recently served and filed in accordance with Rule 17.1. (dernière adresse connue)
last known email address means the email address that appears on the most recently filed document, whether it is a document filed in the Court or in the court appealed from, or, if applicable, on the notice of change that was most recently served and filed in accordance with Rule 17.1. (dernière adresse de courriel connue)
last known fax number means the fax number that appears on the most recently filed document, whether it is a document filed in the Court or in the court appealed from, or, if applicable, on the notice of change that was most recently served and filed in accordance with Rule 17.1. (dernier numéro de télécopieur connu)
party means a person named in the style of cause in accordance with Rule 22 including any person added or substituted as a party under Rule 18, but where referring to the court appealed from, it means a person who was a party in that court. (partie)
person includes a body politic or corporate, His Majesty the King and an attorney general. (personne)
printing includes reproduction by any means but does not include hand writing. (impression)
"proceeding" means an appeal, application for leave to appeal, motion or reference before the Court, a judge or the Registrar. (procédure)
SOR/2011-74, s. 1SOR/2013-175, s. 1SOR/2024-73, s. 1

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Forms

Forms related to file management

Form 14 Notice of name
Form 16 Notice of agent representing two opposing parties
Form 23A Certificate (Applicant, Respondent or Appellant)
Form 23B Certificate (Applicant, Respondent or Appellant)
Form 23C Certificate (Applicant, Respondent or Appellant)
Form 24A Certificate (Appellant)
Form 24B Certificate (Respondent)
Form 20 Affidavit of service

Forms and notices related to proceedings

Form 1 Cover
Form 25 Notice of application for leave to appeal
Form 29 Notice of application for leave to cross-appeal
Form 33A Notice of appeal
Form 33B Notice of constitutional question
Form 33C Notice of intervention respecting constitutional question
Form 46 Notice of reference
Form 47 Notice of motion to a judge or the Registrar
Form 52 Notice of motion to the Court
Form 83A Notice of taxation
Form 83B Bill of costs

[https://scc-csc.ca/pdf/forms/forms-formulaires-2024-eng.docx word format of all forms

Forms of the Supreme Court of Canada