1. Whom do I have to “serve”?
- Each “counsel” or “agent”
of all other parties.
- If a party is not represented by counsel, the party him or herself.
2. What do I have to serve?
- Any documents filed with the Supreme Court of Canada. These include your
application for leave to appeal and any document filed in support, and your reply. Letters sent to the Court
do not need to be served in accordance with the procedures set out below,
but you must always send copies of them to the other parties by regular
mail.
- You must also send, by ordinary mail or fax, a copy of your
notice of application for leave to appeal to any party in the court
appealed from who is not named in the style of cause of the application
for leave to appeal.
3. How do I serve them?
- You may serve documents by personal service (this means in person) as
long as you file with the Court your original document “endorsed”
(signed) on the back cover by the served party.
- You may serve documents by registered or certified mail as long as you file with the Registrar
- application
for leave to appeal sample book an “affidavit
of service” and
- the post office receipt bearing the tracking number
- You may serve documents by courier as long as you file with the Registrar
- an “affidavit
of service” and
- the courier’s way bill and proof of delivery (status of the delivery).
- You may not serve by fax.
- You may not serve by e-mail (electronic mail).
- You may not serve by ordinary mail, with the
exception of your reply which can be served by ordinary mail. If you
serve your reply by ordinary mail, you must file with the Registry an “affidavit
of service”.
4. When can I serve them?
Any weekday other than a holiday.
5. What happens if I miss a deadline for filing and service?
If you miss a deadline, you must file and serve
- a motion for an
extension of time and
- an “affidavit”
explaining the reasons for the delay.
Samples of a “
motion”
for an extension of time and an affidavit are included in the a.
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