Part 14 - Reconsiderations and Re-Hearings

Reconsideration of Application for Leave to Appeal

73. (1) There shall be no reconsideration of an application for leave to appeal unless there
are exceedingly rare circumstances in the case that warrant consideration by the Court.
(2) A motion for reconsideration must be served on all parties and the original and five
copies filed with the Registrar within 30 days after the judgment on the application for
leave to appeal.
(3) The motion for reconsideration shall be bound and consist of the following, in the
following order:
(a) a notice of motion for reconsideration in Form 47, with any modifications that the
circumstances may require;
(b) an affidavit setting out the exceedingly rare circumstances in the case that warrant
consideration by the Court and an explanation of why the issue was not previously raised;
(c) any new documents that the party intends to rely on; and
(d) a statement of argument not exceeding 10 pages. SOR/2011-74, s. 33(1).
(4) A motion for reconsideration that includes an affidavit that does not set out
exceedingly rare circumstances as required in paragraph 3(b), shall not be submitted to
the Court. SOR/2011-74, s. 33(2).
(5) A respondent may respond to a motion for reconsideration within 10 days after its
acceptance for filing by serving on all other parties and filing with the Registrar the
original and five copies of a memorandum of argument not exceeding 10 pages.
SOR/2006-203, s. 37(1).
(6) Within 10 days after the service of the response, the applicant may reply by serving
on all parties and filing with the Registrar the original and five copies of a memorandum
of argument not exceeding five pages. SOR/2006-203, s. 37(2).