Amendments to the Rules of the Supreme Court of Canada

Effective June 3, 2024, the Rules of the Supreme Court of Canada (the “Rules”) were amended pursuant to subsection 97(1) of the Supreme Court Act. Amendments were made to rules governing definitions, filing, motions, appearances, condensed books, fees and disbursements, and forms.

The Guidelines For Preparing Documents to be Filed with the Supreme Court of Canada are also updated to reflect the above noted amendments. For a more detailed breakdown of these changes to the Rules, read the Government of Canada’s notice here. For a condensed summary of the amendments, view the table below.

Table: Summary of Amendments to the Rules^[1] 

Rule	Amendment
2 – Definitions	A definition for the electronic filing portal has been added. The definition of person will now refer to His Majesty the King in place of Her Majesty the Queen.
19 – Electronic Filing Portal/Filing of Documents	Supreme Court of Canada Electronic Filing Portal has been added to the list of methods for filing documents with the registrar.
20 – Service of Documents	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.
45 – Condensed Books	A condensed book must contain an outline of the oral argument. Previously, the outline was optional.
47 – Motions	The requirement to file a draft order with a notice of motion is repealed.
71 – Appearances	Counsel presenting argument must give their names to the Registrar four weeks before 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notices of application for leave to appeal, notices of appeal as of right, notices of motion and notices of taxation is repealed.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.

 

^[1] https://www.scc-csc.ca/ar-lr/amend-modif2024-06-03-eng.aspx