TO : Appeal Registry

FROM : RENNIE J.A.

DATE : January 17, 2020

RE : A-439-19
Robert Salna, James Rose et al. v. Voltage Pictures et al.
_______________________________________________________________________

DIRECTION

The Notice of Appeal

The style of cause in the notice of appeal in A-439-19 is irregular. It needs to be amended.

Rules 337, 338 and Form 337 of the Federal Courts Rules, SOR/98-106 (the Rules) prescribe the
style of cause on an appeal. There is no such thing as a dual style of cause such as appears in the
notice of appeal in file A-439-19.

Form 337 is clear as to how a style of cause in the Federal Court of Appeal is to be drafted. It directs
counsel to Form 66, which provides an example.

The status of parties is either appellant or respondent, nothing else. The separate entry of an
“applicant” and “respondent” does not conform to the Rules. A party is either an appellant or not.
The same can be said for respondents.

All appellants are to be grouped together in the style of cause and described as appellants.
All respondents are to be grouped together in the style of cause and described as respondents.

As it stands, it is unclear who is the appellant and what relief is sought.

The parties should follow the Rules as written and not make up their own rules. The Rules are
regulations of Canada—laws—and are to be followed.

When it was first presented to the Registry, the notice of appeal, not compliant, should have been
sent to the Court for a ruling under Rule 72 and immediate correction of the style of cause.
Incoherent styles of cause should not be allowed to persist.
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The Intervener

Again, the parties are requested to adhere to the Rules. The parties to appeals are appellants and
respondents. Interveners are only added to appeals by order of the Court. See Rules 109, 337.1 and
338.

The Cross-Appeal

The Court appreciates the effort made by counsel for the respondents to correct matters and
regularize the proceedings and the explanation given in the correspondence of December 6, 2019.

Upon receipt of an amended notice of appeal, a notice of cross-appeal may be filed within ten days.
Rule 341, Form 341B and Form 66 together prescribe the style of cause on a cross-appeal.

To conclude, the style of cause should, in accordance with the Rules, read as follows:

The Notice of Appeal

Federal Court of Appeal

A, B, C

Appellants
v.

X, Y, Z

Respondents
The Notice of Cross Appeal

Federal Court of Appeal

A, B, C

Appellants
(Respondents by Cross-Appeal)

v.

X, Y, Z
Respondents
(Appellants by Cross-Appeal)
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Next steps

The appellants are directed to advise of the style of cause that should be in place for this file. The
respondents are invited to respond if they disagree. In the end, the Court has to issue a judgment in
this file and the judgment has to bear the correct style of cause.

The appellants shall address the Court by informal letter filed within 7 days of this direction and the
respondents may respond by informal letter filed 7 days thereafter.

Any person who wishes to intervene at the Court of Appeal, shall bring a motion pursuant to Rule
369 within 10 days following the filing of the respondents’ memorandum of fact and law.

“DJR”