Written by: Daniel McBain
Revisions to the Supreme Court of Canada rules will be coming into force on January 27, 2021.
The general thrust of the changes is to streamline the requirements for applications for leave to appeal to the Court. Though not earth-shattering, a few notable changes ought to reduce the costs involved in bringing matters before the Court.
First, the Court has trimmed some of the bulk of materials that the parties need to file. The number of copies of documents that must be filed in making and responding to applications for leave to appeal has been significantly reduced. Further, the rules used to require the filing of documents intended to be relied upon, including any affidavit in support, in chronological order. The new rules now simply require that parties file excerpts from relevant transcripts and evidence from the court below. This change appears to remove the ability to file evidence not already found in the record on an application for leave to appeal, at least without leave of the Court. Previously, some parties may have submitted extrinsic evidence they believed was relevant to whether the proposed appeal raised a matter of national importance, for example. In many cases this rule change will reduce the paperwork and process that parties need to deal with when seeking leave to appeal.
Second, parties may now file materials without using an Ottawa agent. The previous longstanding requirement to retain additional local counsel in order to physically file materials with the Court often added significant expense for litigants, particularly on pro bono matters. Although local agents can provide a wealth of knowledge and valuable assistance when filing materials with the Court, this change may nevertheless come as a welcome relief to some public interest litigants and intervenors, for whom agent fees may significantly increase the cost of their legal bill.
You can find the full rule changes published here and a plain language guide published by the Court here. We have experience preparing applications for leave to appeal, applications for leave to intervene and acting for parties and interveners before the Supreme Court of Canada. If you have questions about our appellate practice, please contact lindsaywaddell@mooreedgarlyster.com.