NEWFOUNDLAND AND LABRADOR
REGULATION 2/03

Rules of the Supreme Court, 1986 (Amendment)
under the
Judicature Act

(Filed January 6, 2003)

Under the authority of section 55 of the Judicature Act, the Rules Committee of the Court of Appeal makes the following Rules.

Dated at St. John's, December 30, 2002.

Barry R. Sparkes, B.C.L.
Registrar of the Supreme Court
Secretary, Rules Committee

RULES

Analysis

        1.   Rule 57.02 Amdt.
Leave to Appeal

        2.   Rule 57.31 Amdt.
Miscellaneous Powers

 

        1. (1) Rule 57.02(1) of the Rules of the Supreme Court, 1986 is repealed and the following substituted:

Leave to Appeal

57.02. (1) Leave to appeal shall be obtained by application to the Court where

             (a)  during the course of a proceeding or prior to a final order, a party seeks to appeal from an interlocutory order, or

             (b)  a party seeks to appeal from an order

                      (i)  as to costs only, or

                     (ii)  made by the consent of the parties.

             (2)  Rule 57.02 of the Rules is amended by adding immediately after Rule 57.02(1) the following:

          (1.1)  A failure to obtain leave to appeal or to make an application under paragraph (1)(a) does not prejudice the right of a party to appeal a final order.

 

        2. Rule 57.31 of the Rules is amended by adding immediately after rule 57.31(1) the following:

          (1.1)  Where the Registrar considers it necessary, the Registrar may apply to the Court for directions respecting the conduct of a pending appeal.

          (1.2)  Where an application is made under rule (1.1), the Registrar shall give notice to the parties.

©Earl G. Tucker, Queen's Printer