Procedural Charts
This page does not contain legal advice.
The charts below contain general information about some common Court processes. It is a not a source of law, nor does it include every possible or necessary step that a party may need to take. As general information, it may not apply to every situation. Parties should obtain legal advice to determine the steps that apply to their own unique situations.
Appeals
| Narrative | Who | Does what | When | Source |
|---|---|---|---|---|
| Appellant prepares the notice of appeal, names the appropriate Respondent(s) | Appellant | Prepares a notice of appeal using Form 337 (for most appeals) or Form 337.1 (for appeals from informal procedure in the Tax Court of Canada), includes the appropriate respondents as indicated in Rule 338. Once it is prepared, it should be presented to the Registry with any requisite fee under Tariff A. | within the time for filing an appeal. Generally, this is within 30 days after a judgment, or 10 days after an interlocutory judgment. | Rules 337, 337.1, and 338; Tariff A; Forms 337 and 337.1; see also Rule 61; Federal Courts Act, subsection 27(2). For formatting court documents, see also Rules 65 – 68 and Consolidated Practice Direction paragraphs 5 - 12 |
| The Registry issues the notice of appeal | Registry | Issues the notice of appeal | after the Appellant presents the notice of appeal to the Registry for issuance and pays any applicable Tariff A fee. | Rules 2 "issued", 62; Tariff A |
| Appellant serves the notice of appeal on the Respondents and any other relevant parties, and files proof of service with the Registry | Appellant | Serves the notice of appeal on the respondents and files proof of service with the Registry | within 10 days after issuance of the notice of appeal. | Rule 339; for service, see Rules 126.1-148.1. See also Consolidated Practice Direction paragraphs 6, 20-24 |
| After receiving the notice of appeal, the Respondent serves and files notice of appearance or cross-appeal with proof of service | Respondents | Serve and file a notice of appearance or a notice of cross-appeal | within 10 days of service of the notice of appeal. | Rules 73, 341; Forms 341A, 341B |
| Parties come to an agreement on the content of the appeal book, then file the agreement. | All Parties | Agree in writing about the documents, exhibits, and transcripts to be included in the appeal book and file a copy of that agreement | within 30 days of the filing of the notice of appeal. | Rules 343, 344 |
| If agreement cannot be reached, Appellant brings a motion to determine the contents of the appeal book | Appellant | If no agreement can be reached, the Appellant serves and files a notice of motion asking the Court to determine which documents will be included in the appeal book | within 10 days of the expiry of the period for filing the agreement on the content of the appeal book. | Rule 343(3) |
| Appellant orders transcripts | Appellant | Orders transcripts or reproductions of exhibits, if required for the appeal book | within 10 days after either filing the agreement on the content of the appeal book or obtaining an order following a motion for determination of the contents of the appeal book. | Rule 343(4) |
| Appellant prepares the appeal book | Appellant | Prepares the appeal book in accordance with Rule 344 | as soon as possible. | Rules 343(5), 344 |
| Appellant serves and files the appeal book | Appellant | Serves and files the appeal book | within 30 days after the day on which a copy of an agreement under subsection 343(1) is filed or an order under 343(3) is obtained. | Rules 73, 345 |
| Appellant serves and files its memorandum of fact and law | Appellant | Serves and files memorandum of fact and law | within 30 days of filing an appeal book. | Rules 70, 73, 346(1) |
| After receiving the Appellant's memorandum, the Respondent serves and files its memorandum of fact and law | Respondent | Serves and files memorandum of fact and law. If making a cross-appeal, serves memorandum of fact and law for cross-appeal | within 30 days of service of the appellant's memorandum. | Rules 70, 73, 346(2), 346(3)(a) |
| If the Respondent has cross-appealed, the Appellant serves and files its memorandum of fact and law as a respondent to a cross-appeal | Appellant (if there is a cross-appeal) | Serves and files memorandum of fact and law as respondent | within 30 days of service of the initial respondent's memorandum. | Rules 70, 73, 346(3)(b) |
| Once the Respondent's memorandum has been received, the Appellant serves and files the requisition for hearing. The requisition must include an estimate of time needed for the hearing. See below: the joint book of authorities is also filed at this time. | Appellant | Serves and files Form 347 requesting a hearing date | within 20 days of the service of the respondent's memorandum or within 20 days of the expiration of time for the respondent to serve its memorandum. | Rules 73, 347; Form 347; see also Consolidated Practice Direction 34 |
| If the Appellant fails to serve and file the requisition for hearing, the Respondent may serve and file it | Respondent | May request a hearing date if the appellant fails to do so | no timeline specified. | Rules 73, 347(2) |
| Parties file a joint book of authorities | Parties | File a joint book of authorities, or file separate books without reproducing authorities if they cannot agree on the contents of a joint book of authorities | within the time for serving and filing the requisition for hearing. | Rules 73, 348(1), 348(2) |
| Any party may file a condensed book | Any party | May file a condensed book that contains the extracts from the appeal book and the book of statutes, regulations, and authorities that the party will refer to in oral argument. | It is filed and provided to the Court on the day of the hearing. For in-person hearings, an electronic copy must be submitted for filing to the Registry before the start of the hearing and three paper copies handed up to the panel at a hearing. Copies must be provided to all other parties before the hearing as well. | Rules 73, 348.1. See also Consolidated Practice Direction paragraphs 59 – 64 |
Applications for judicial review
| Narrative | Who | Does what | When | Source |
|---|---|---|---|---|
| Applicant prepares the notice of application | Applicant | Prepares the notice of application for issuance, includes the necessary details and names the right respondent. Once it is prepared, it should be filed with the Registry with any requisite fee under Tariff A. | "within 30 days after the time the decision or order was first communicated by the federal board, commission or other tribunal […] or within any further time that a judge […] may fix or allow". | Rules 63(1)(d), 301, 303; Tariff A; Form 301; Federal Courts Act sections 18.1(2) and 28. For formatting court documents, see also Rules 65 – 68 and Consolidated Practice Direction 5-12 |
| Registry issues the notice of application | Registry | Issues the notice of application | After the applicant pays a Tariff A fee and presents the notice of application to the Registry for issuance. | Rules 2 "issued", 62; Tariff A |
| Applicant serves the notice of application on the respondent and other recipients, and files proof of service | Applicant | Serves the notice of application to the recipients included in Rule 304(1), and files proof of service | proof of service of a notice of application shall be filed within 10 days after service of the notice of application. | Rules 304(1), 304(3), 63(1)(d); for service, see Rules 126.1-148.1. See also Consolidated Practice Direction 6, 20-24 |
| After receiving the notice of application, the Respondent serves and files the notice of appearance with proof of service | Respondent | Serves and files notice of appearance | within 10 days of being served with the notice of application. | Rules 73, 305; Form 305 |
| Any party may make a written request for material in possession of the tribunal whose decision or order is being reviewed that is not already in the party's possession | Any party | May serve and file a written request for material in the possession of the tribunal (but not already in the possession of the party), on the tribunal and other parties, with proof of service. The applicant may include its request in the notice of application. | there is no strict deadline, but parties often do this as early in the proceeding as possible; the request may be included within the notice of application. | Rules 73, 317 |
| Where a request for material has been made, the Tribunal generally responds by transmitting a copy of the requested material to the Registry and to the requesting party, as long as there is no objection | Tribunal | Transmits a copy of requested material to the Registry and to the requesting party. If the Tribunal or another party objects, it informs all parties and the Registry in writing. | within 20 days of being served the request. | Rule 318 |
| After serving its notice of application, the Applicant serves the Applicant's affidavits and documentary exhibits and files proof of service | Applicant | Serves its supporting affidavits and documentary exhibits and files proof of service | within 30 days of issuance of the notice of application. | Rule 306. For guidance on filing documents, see Consolidated Practice Direction 5-13 |
| Once it receives the Applicant's affidavits, the Respondent serves the Respondent's affidavits and documentary exhibits and files proof of service | Respondent | Serves its supporting affidavits and documentary exhibits and file proof of service | within 30 days after service of the applicant's affidavits. | Rule 307 |
| Any party who wants to conduct cross-examinations on affidavits must complete those cross-examinations | All parties | If they choose to, complete any cross-examinations on affidavits | within 20 days after the filing of respondent's affidavits or the expiration of the time for doing so, whichever is earlier. | Rule 308 |
| All parties must retain original affidavits that were not filed as part of the respective record | All parties | Retain original affidavits not filed as part of record. When filing affidavits in electronic format (whether separately or in a record) using the electronic filing system, parties are required to retain the original in their possession until 30 days following the later of the expiry of all appeal periods or the issuance of any final decision of the Supreme Court of Canada in the matter. | until after expiry of all appeal periods; for electronic documents filed using the electronic filing system, until 30 days 30 days following the later of the expiry of all appeal periods or the issuance of any final decision of the Supreme Court of Canada in the matter. | Rules 309(3), 310(3), Consolidated Practice Direction paragraph 11 |
| The Applicant serves and files its record with proof of service | Applicant | Serves and files the applicant's record, which includes the memorandum of fact and law, and the other the information required in Rule 309(2) | within 20 days after the day on which the parties' cross-examinations are completed or within 20 days after the day on which the time for those cross-examinations is expired, whichever day is earlier. | Rules 70, 73, 309 |
| After receiving the Applicant's record, the Respondent serves and files the Respondent's record with proof of service | Respondent | Serves and files the respondent's record, which includes the memorandum of fact and law, and the other the information required in Rule 310(2) | within 20 days after service of the applicant's record. | Rules 70, 73, 310(1), 310(1.1) |
| Once it receives the Respondent's record, the Applicant serves and files the requisition for a hearing date. The requisition must include an estimate of time needed for the hearing. | Applicant | Serves and files a requisition in Form 314 requesting that a date be set for the hearing of the application. The contents of the requisition must include the material listed in Rule 314(2). | within 10 days after service of the respondent's record or the expiration of the time for doing so, whichever is earlier. | Rules 73, 314; see also Consolidated Practice Direction 34 |
| After the application has been heard, the Registry returns to the tribunal any original material it received from it under Rule 318 | The Registry | Returns to the tribunal any original material received from the tribunal under rule 318 | after an application has been heard. | Rule 319 |
Motions - other than for leave to appeal
| Narrative | Who | Does what | When | Source |
|---|---|---|---|---|
| Most motions in the Federal Court of Appeal are decided on the basis of written representations, without the need for an oral hearing | the Court | Decides motions on the basis of written representations, unless otherwise ordered | Varies. | Rule 369.2 |
| The Moving Party initiates a motion by a notice of motion | Moving Party | Initiates a motion by notice of motion in Form 359. The notice of motion must be made returnable in accordance with rule 369.2, and the notice of motion may be served and filed as part of the party's motion record. | Varies | Rules 359, 360(c), 369.2; Form 359 |
| The Moving Party serves and files its motion record | Moving Party | Serves and files a motion record, which must include the information and documents required by the Rules | Varies | Rule 364; for service, see Rules 126.1-148.1. See also Consolidated Practice Direction 20-24 |
| Any additional facts may be set out in affidavit evidence on a motion | Any party | Sets out in an affidavit any facts to be relied on by that party in the motion that do not already appear in the Court file | no timeline for affidavit specifically, but it is generally included in the party’s motion record. | Rule 363 |
| After receiving the Moving Party's motion record, the Respondent serves and files its own motion record | Respondent to the motion | Prepares, serves and files motion record, including the required information in Rule 365(2) | no later than 10 days after the day on which they are served with the moving party's motion record. | Rules 365(1)(b), 365(2) |
| A party may make a written request for the motion to be heard orally | Any party | May make a written request for a motion to be heard orally, by attaching the request as a separate page at the end of the party's motion record | at the time the party's motion record is filed. | Rule 369.2(2); see also Rules 35(2)(a), 35(3) |
| Once the Respondent serves its motion record, the Moving Party may make a reply | Moving Party | May serve and file written representations in reply | within 4 days after the day on which they are served with the respondent's motion record, unless the motion is going to be heard orally. | Rule 369.2(3) |
| If a party has chosen to cross-examine the deponent of an affidavit on a motion, it cannot do so until it has filed its own affidavits. It must also order and pay for the transcript and send a copy to each other party. | Any party | May examine the deponent of an affidavit after it has filed its own affidavits. It must also order and pay for the transcript of the examination and send a copy to each other party. | “with due diligence”, before the hearing of the motion. | Rules 83, 84, 85, 86 |
| In some cases, the motion is discarded by a notice of abandonment | Moving Party | May abandon a motion by serving and filing a notice of abandonment in Form 370. If an oral hearing is granted and the moving party fails to appear without making this notice, the party is deemed to have abandoned the motion. | Varies, but generally speaking it cannot be done after the motion is decided. An earlier abandonment may be less likely to attract costs consequences than a later one. | Rule 370. For costs of abandonment see Rules 402, 411. |
Motions - for leave to appeal to the Federal Court of Appeal
| Narrative | Who | Does what | When | Source |
|---|---|---|---|---|
| If leave is required to appeal, it is normally sought by motion in writing | Anyone seeking leave to appeal, becoming the Moving Party | Seeks leave to appeal via motion in writing, unless the Court orders otherwise | Varies | Rule 352(1); see also Consolidated Practice Direction 35 |
| The Moving Party must name Respondents to the motion and effect service in accordance with Rules 338 and 339. | Moving Party | Names as Respondents all persons referred to in Rule 338 and personally serves all persons referred to in Rule 339 | The responding party or parties are named at the time of making the motion, and service must be effected within 10 days of making the motion. Additionally, proof of service must be filed within 10 days. | Rules 352(2), 338, 339; for service, see Rules 126.1-148.1. See also Consolidated Practice Direction 35 |
| The Moving Party serves and files a motion record | Moving Party | Prepares the motion record in accordance with Rule 353(2) by including the required documents and respecting the formal requirements, and serves the motion record and files it, unless the Court orders otherwise | Varies | Rule 353 |
| After receiving the motion record from the Moving Party, the Respondent serves and files its memorandum of fact and law and any supporting affidavits | Respondent to a motion for leave to appeal | Serves a memorandum of fact and law and any supporting affidavits on the Moving Party, and files these documents with the Registry, unless the Court orders otherwise | no later than 20 days after the day on which the motion record is served. | Rule 354 |
| The Moving Party may serve and file a reply to the Respondent's memorandum | Moving Party | Serves and files any reply to the Respondent's memorandum of fact and law, unless the Court orders otherwise | no later than 10 days after the day on which the respondent's memorandum of fact and law is served. | Rule 355 |
| After receiving the reply, or if no reply is made within the 10-day window, the Court may dispose of the motion in writing | the Court | May make a decision to allow or dismiss a motion for leave to appeal in writing | After receiving a reply under Rule 355 or the expiration of the period allowed for a reply. | Rule 356 |
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