Federal Courts Rules

Marginal note:Motion record

• 353 (1) Unless the Court orders otherwise, a party bringing a motion for leave to appeal shall serve the motion record and file an electronic copy of or, subject to rule 72.4, three paper copies of that record.

• Marginal note:Content of motion record

  (2) A motion record referred to in subsection (1) shall contain, on consecutively numbered pages and in the following order,

  • (a) the order in respect of which leave to appeal is sought and any reasons, including dissenting reasons, given in respect of that order;

  • (b) the pleadings and any other material that is necessary for the hearing of the motion;

  • (c) an affidavit that sets out any facts relied on in the motion that do not appear on the Court file; and

  • (d) a memorandum of fact and law.