Federal Court — Applications, Leave & Motions

Federal Court Applications, Leave Applications & Motions

The Federal Court reviews decisions of federal boards, commissions and other tribunals — including immigration and citizenship decisions — and it has its own rules, the Federal Courts Rules. Law Prep Consulting prepares Federal Court materials for self-represented litigants from the material you send us: applicant’s records on judicial review, applicant’s records on leave applications, and motion records.

  • Free review and a fixed quote before any work starts
  • Indexed, paginated and bookmarked, ready to file
  • No appointments, no retainer, no hourly billing

Or email support@lawprepconsulting.ca

Packages

Fixed quotes. No surprises.

Judicial Review — Applicant’s Record

Federal Court · Rule 309 · affidavit included

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Leave Application Record

Immigration & citizenship · IRP Rule 10

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Motion Record

Federal Court · Rule 364 · in person or in writing

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Memorandum of Fact and Law

Full length — up to the 30-page limit

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Affidavit — Up to 10 Exhibits

Preparation from your materials and instructions, with exhibit assembly

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Affidavit — Up to 5 Exhibits

Preparation from your materials and instructions, with exhibit assembly

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Book of Authorities

Tabbed, indexed & bookmarked

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Free Document Review

Not sure which court, or what you need? Start here

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Every job is quoted at a fixed price, in Canadian dollars plus HST, before any work starts. Court filing fees are not included.

What You Receive

All services are provided on your instructions, and you remain self-represented at all times. We prepare your documents to your instructions, for your approval — we don’t give legal advice and we don’t decide what you should argue.

  • Applicant’s record, leave record or motion record in the order the rules set out
  • Consecutively numbered pages, table of contents and tabs
  • Affidavits and exhibits prepared, with pagination, indexing, bookmarks and hyperlinks
  • Prepared for the Federal Court’s electronic filing
  • General procedural timeline information and a filing checklist based on the court’s published requirements

How it works

1

Send us your materials

Use the form, email or WhatsApp. Tell us the court and your date if you have one.

2

Approve your fixed quote

We review what you send for free and quote one fixed price before any work starts.

3

Receive your documents

A searchable, bookmarked PDF, indexed and paginated, ready to file, for you to check and approve.

Federal Court Document Services

Federal Courts Rules

Judicial Review Applications

For decisions of federal boards, commissions and tribunals. Your Notice of Application (Form 301), supporting affidavit and exhibits, and memorandum of fact and law, prepared into an Applicant’s Record in the Rule 309 order.

Leave Applications — Immigration & Citizenship

Immigration and citizenship decisions need leave (permission) first. Your Application for Leave and for Judicial Review (Form IR-1), supporting affidavit and memorandum of argument, prepared into the applicant’s record under Rule 10.

Motions

Your notice of motion (Form 359), affidavit and written representations, prepared into a motion record in the Rule 364 order — for general sittings, special appointments or motions in writing, and responding records.

How the Federal Court Is Different

Not the same as Ontario courts

Evidence Goes In by Affidavit

On a judicial review, your supporting affidavits and documentary exhibits are served within 30 days after the Notice of Application is issued (Rule 306), and the Applicant’s Record contains each of them (Rule 309(2)(d)). Leave applications need one or more supporting affidavits (IRP Rule 10), and motions need an affidavit for any facts not already on the court file (Rule 363). New evidence that was not before the decision-maker is allowed only in limited circumstances.

Tribunal Material on Request

The tribunal does not automatically file a record. On a judicial review you can request material in its possession that you do not have — usually in your Notice of Application (Rule 317) — and it sends a certified copy within 20 days (Rule 318). On a leave application, the tribunal’s record is ordered after leave is granted (IRP Rule 17).

Short, Fixed Deadlines

Judicial review: 30 days after the decision is first communicated (Federal Courts Act, s. 18.1(2)). Immigration leave: 15 days for a matter arising in Canada, 60 days outside Canada (IRPA, s. 72(2)(b)). Citizenship leave: 30 days (Citizenship Act, s. 22.1). You confirm the deadline that applies to your matter.

Useful Information

Details when you need them

Judicial Review Applications (Federal Courts Rules, Part 5)
Start

Notice of Application (Form 301) within 30 days after the decision is first communicated to you; a judge can extend the time (Federal Courts Act, s. 18.1(2)).

Serve

Within 10 days after issuance, on the respondents, the tribunal, anyone else who took part before the tribunal, and the Attorney General of Canada; proof of service within 10 days after service (Rule 304).

Affidavits

Yours within 30 days after issuance (Rule 306); the respondent’s within 30 days after that (Rule 307); cross-examinations completed within 20 days (Rule 308).

Records & hearing

Applicant’s Record within 20 days after cross-examinations are completed or the time expires (Rule 309); respondent’s record within 20 days (Rule 310); requisition for hearing within 10 days after that (Rule 314).

Applicant’s Record contents (Rule 309(2)), on consecutively numbered pages and in this order:

  • Table of contents
  • Notice of Application
  • The order under review and any reasons, including dissenting reasons
  • Each supporting affidavit and documentary exhibit
  • Transcripts of any cross-examinations on affidavits you conducted
  • Certified tribunal material transmitted under Rule 318 that you will use
  • The portions of any transcript of oral evidence before the tribunal that you will use
  • A description of any physical exhibits
  • Your memorandum of fact and law — no more than 30 pages, excluding Part V and appendices (Rule 70(4))
Leave Applications — Immigration & Citizenship
Immigration and citizenship decisions cannot be reviewed without leave (permission) of the Federal Court. These applications follow the Federal Courts Citizenship, Immigration and Refugee Protection Rules (IRP Rules).
File

Application for Leave and for Judicial Review (Form IR-1): 15 days after you are notified of an immigration decision made in Canada, 60 days for a matter arising outside Canada (IRPA, s. 72(2)(b)); 30 days for citizenship matters (Citizenship Act, s. 22.1).

Perfect

Serve and file the applicant’s record within 30 days after filing the application — or, if you did not have the reasons, within 30 days after receiving them or the tribunal’s notice that there are none (IRP Rule 10(1)).

Respondent & reply

The respondent may serve affidavits and must serve a memorandum of argument within 30 days (IRP Rule 11); you may reply within 10 days (IRP Rule 13).

Decision on leave

A judge decides leave on the written materials (IRP Rule 14). If leave is granted, the order sets the hearing date and the schedule for the tribunal’s record and any further affidavits and memoranda (IRP Rules 15 and 17).

Applicant’s record contents (IRP Rule 10(2)), in this order:

  • The application for leave
  • The decision or order under review
  • The tribunal’s written reasons, or its notice that there are none
  • Any request for an anonymity order
  • One or more supporting affidavits verifying the facts relied on — limited to what the deponent could say as a witness (IRP Rule 12)
  • Your memorandum of argument
  • A statement of the language of the hearing and the materials
Motions (Federal Courts Rules, Part 7)
Notice of motion

Form 359, returnable at a general sitting (Rule 34), at a special appointment (Rule 35), or in writing (Rule 369).

Evidence

Facts that are not already on the court file are set out in an affidavit (Rule 363).

In person

Notice of motion and motion record served and filed at least three days before the hearing (Rules 362 and 364); the respondent’s record by 2:00 p.m. two days before the hearing (Rule 365).

In writing

The respondent files its record within 10 days after service, and you may reply within 4 days (Rule 369). An urgent motion can be heard on shorter notice if the Court is satisfied of the urgency (Rule 362(2)).

Motion record contents (Rule 364(2)), on consecutively numbered pages and in this order:

  • Table of contents
  • Notice of motion
  • All affidavits and other material served for use on the motion
  • The portions of any transcripts you rely on
  • Written representations — or a memorandum of fact and law on motions such as summary judgment or an interlocutory injunction (Rule 366)
  • Any other filed material needed for the motion
? Is an Affidavit Required?
In most Federal Court proceedings, yes:
  • Judicial review: the applicant serves supporting affidavits and documentary exhibits within 30 days after issuance (Rule 306), and the affidavit is usually how the decision and the material before the decision-maker are put before the court.
  • Leave applications: the applicant’s record must include one or more supporting affidavits that verify the facts relied on (IRP Rule 10(2)(a)(v)).
  • Motions: any facts not already on the court file must be set out in an affidavit (Rule 363).

Our Federal Court packages include preparation of your affidavit with up to 10 exhibits. What the affidavit says is your decision — ask a lawyer or paralegal about your matter.

Federal Court or Divisional Court?
Decisions of Ontario tribunals, boards and public bodies are reviewed in Ontario’s Divisional Court under the Judicial Review Procedure Act, and the tribunal files its own Record of Proceedings. Decisions of federal boards, commissions and tribunals go to the Federal Court — and some listed federal tribunals are reviewed directly by the Federal Court of Appeal (Federal Courts Act, s. 28). Confirm the right court with a lawyer or paralegal before you file.
The best way to use our service: send us your materials and tell us what you need. We prepare the documents from your materials and instructions — including the particulars of your claim, exhibits, indexing and bookmarking — and hand back a filing-ready record for your approval. We don’t give legal advice; the content and the filing remain your responsibility. If you don’t have a lawyer, the Law Society Referral Service offers a free consultation of up to 30 minutes with a lawyer or paralegal — lsrs.lso.ca · 1-855-947-5255 (416-947-5255 in the GTA).

We are not lawyers or paralegals and we do not give legal advice.

Information reviewed September 2026. Procedures and requirements change — confirm current requirements with the court or a licensed lawyer or paralegal before you file.

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