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This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 1999 Rules of the Supreme Court, 1986 (Amendment) (Filed
December 10, 1999) Under the
authority of section 55 of the Judicature
Act, the Rules Committee of the Court of Appeal of the Supreme Court of Newfoundland
makes the following Rules. Dated at Barry R.
Sparkes, B.C.L. RULES Analysis 1. Rule
57 R&S 2. Commencement 1. Rule 57 of the
Rules of the Supreme Court, 1986 is repealed and the following substituted: RULE 57 57.01 Definitions In this rule (a) "appeal"
means an appeal to the Court and includes a cross-appeal, an application for
leave to appeal (where the application is not required by a statute to be made
to a Judge), an application for a new trial or to amend, quash or set aside an
order or decision appealed from, and any matter reserved, case stated or
reference presented to the Court under any statute or rule; (b) "appellant"
means any person who files a notice of appeal and includes a tribunal that
reserves a matter, states a case, or presents a reference to the Court; (c) "Chief
Justice" means the Chief Justice of Newfoundland; (d) "Court"
means the Court of Appeal, a Judge or a panel of Judges designated by the Chief
Justice; (e) "court
appealed from" means any court, judge, or tribunal from which an appeal
lies to the Court; (f) "judgment" means the formal disposition of an appeal by
the Court and includes an order for judgment; (g) "Judge",
unless the context otherwise requires, means a judge of the Court of Appeal; (h) "notice
of appeal" means a document by which an appeal is commenced and includes
an order, case stated or reference of a tribunal originating an appeal by it; (i) "order", when referring to an order appealed from, means
the judgment, ruling, verdict, order, finding, direction, determination or
award of the court or tribunal appealed from; (j) "Registrar" means the officer of the Court appointed as
deputy registrar or a clerk of the Court discharging the functions of deputy
registrar; (k) "respondent"
means any person properly served with a notice of appeal and any other person,
who, whether served with a notice of appeal or not, is authorized by the Court
or by law to be a party to the appeal, and in an appeal under rule 54 includes
any court, judge, justice or justices, officer, clerk or tribunal to which the
proceeding appealed from was directed; (l) "tribunal" means any person or body, from whom an appeal
lies to the Court, including any board, commission, committee, municipal
authority, Minister, public official, or other public or governmental agency or
authority, including the Lieutenant-governor in Council, but not including a
court or judge; and (m) "tribunal
appeal" means any appeal authorized by statute to be taken from a tribunal
to the Court and includes any matter reserved, case stated or reference
referred by a tribunal to the Court. 57.02 Leave to Appeal (1) Where
a party seeks to appeal from (a) an
interlocutory order, (b) an
order as to costs only, or (c) an
order made by consent of the parties, leave to
appeal must be obtained by application to the Court. (2) A
notice of application for leave to appeal shall be served on any party in the
proceeding in the court appealed from who may be directly affected by the
appeal, within 10 days from the date of the order sought to be appealed, or
within such further time as is allowed by the Court. (3) The
record on an application under paragraph (1) shall consist of (a) an
index, (b) a
copy of the notice of application, (c) a
copy of the order sought to be appealed, (d) a
copy of the pleadings, if any, and (e) a
copy of any affidavits or other evidence relevant to the appeal. (4) Leave
to appeal an interlocutory order may be granted where (a) there
is a conflicting decision by another judge or court upon a question involved in
the proposed appeal and, in the opinion of the Court, it is desirable that
leave to appeal be granted, (b) the
Court doubts the correctness of the order in question, (c) the
Court considers that the appeal involves matters of such importance that leave
to appeal should be granted, or (d) the
Court considers that the nature of the issue is such that any appeal on that
issue following final judgment would be of no practical effect. (5) The
Court, on hearing an application for leave to appeal, may (a) grant
leave, (b) refuse
leave, or (c) postpone
the granting or refusal of leave, but order that the appeal and the issue of
leave to appeal be heard together, and impose
such terms as may be just, and give directions to expedite the hearing of the
appeal. (6) The
Court may summarily grant leave to appeal at any time. (7) A
party who applies for leave to appeal from an interlocutory order may move in
the alternative for an extension of time to issue and serve a notice of appeal
in the event that the Court rules that the order is not interlocutory. (8) A
notice of application for leave to appeal from an interlocutory order may be in
Form 57.02A. (9) An
interlocutory order, from which there has been no appeal, shall not operate so
as to bar the Court from giving such decision on the appeal as may be just. 57.03 Appeals (1) Unless
a statute otherwise provides, an appeal, other than a tribunal appeal, shall be
by way of rehearing and shall be brought by filing a notice of appeal with the
Registrar (a) in
the case of an appeal, not requiring leave, from an order in an interlocutory
proceeding, within 10 days; (b) in
the case of an appeal from any other order, within 30 days. (2) The
times referred to in paragraphs (a) and (b) of rule 57.03(1) shall run from the
date upon which the order is settled and filed pursuant to rule 49.04. (3) A
notice of appeal, other than in a tribunal appeal, shall be served as soon as
practicable after the filing of the notice of appeal and as prescribed by rule
6.12 on any party in the proceeding in the court appealed from who may be
directly affected by the appeal. (4) A
notice of appeal in an appeal (other than from an Interlocutory Order) under
rule 55 or in an appeal in a declaratory proceeding relating to or affecting a
provincial statute or a tribunal shall also be served as prescribed by rule
6.12 on the Provincial Court judge or tribunal involved, if not a party in the
court appealed from, and on the Attorney General of Newfoundland, but only the
Attorney General of Newfoundland shall be a Respondent. Service on a tribunal may be effected by
service on its secretary or chief executive officer. (5) When
filing the notice of appeal with the Registrar, the appellant also shall file: (a) a
letter from the appellant undertaking to request within 10 days the immediate
preparation of a transcript of the proceeding under appeal and to provide
copies thereof; or (b) a
letter from the appellant undertaking to apply within 10 days for an order of
the Court dispensing with the filing of all or any part of a transcript of the
proceeding under appeal. (6) When
the appellant elects to provide an undertaking referred to in rule 57.03(5)(a),
the appellant shall not permit the preparation of the transcript to be
suspended without the prior written consent of each respondent unless a notice
of discontinuance of the appeal has been filed. (7) In
the event that the appellant fails to comply with the provisions of rule
57.03(5), a respondent may apply to the Court in accordance with rule 57.30 for
an order dismissing the appeal. (8) A
notice of appeal may be in Form 57.03A. 57.04 Tribunal Appeals (1) If
a statute authorizing a tribunal appeal prescribes how the appeal shall be
brought or when, how and to whom any notice of appeal may be delivered, the prescriptions
shall be observed. (2) Subject
to rule 57.04(1), a tribunal appeal shall be by way of rehearing and shall be
brought by filing a notice of appeal with the Registrar within 30 days from the
date of the order appealed from. (3) Unless
otherwise ordered by the Court, a notice of appeal in a tribunal appeal shall
be served as soon as practicable after the filing of the notice of appeal, as
prescribed by rule 57.04(2) and as prescribed by rule 6.12, on the tribunal or
its chief executive officer and on any other party in the proceeding before the
tribunal. If there is doubt as to the
form of the notice of appeal, the appellant may apply to the Court for
directions. 57.05 Extension of Time The time limited for filing
of a notice of application for leave to appeal under rule 57.02 or a notice of
appeal under rule 57.03 or rule 57.04 may be extended either before or after
the expiration of the time limited where, in the opinion of the Court, refusal
to do so would create an injustice. 57.06 Transcripts (1) The
Court, upon application and upon such terms as it considers appropriate, may
order that a transcript of the proceeding under appeal be prepared from a copy
of the sound record. (2) All
transcripts shall be prepared in accordance with the Recording of Evidence Act and the Transcript Standards Manual of
the Court Reporters' Office and, together with the requisite affidavit, shall
be filed with the Court and served upon the other parties to the appeal within
the time limited by these rules. (3) When
a party to an appeal disputes the accuracy of a transcript and applies for a
review within 30 days of the receipt of the transcript, the Court may review
the portion of the transcript that is said to be inaccurate and the sound
record of it and make such order as it considers appropriate, or may remit the
matter for determination by the judge or tribunal who presided over the
proceeding under appeal, whose decision shall be final. 57.07 Form of Notice of Appeal (1) A
notice of appeal shall specify the order and court appealed from, the grounds
of appeal and the relief or disposition sought and whether the whole or only
part, and if so which part, of the order is being appealed from. An appellant may not, without leave of the
Court, rely on any ground not specified in the notice of appeal. (2) A
notice of appeal in a tribunal appeal shall also specify the errors of law
allegedly committed, or in an appeal by a tribunal shall specify the matters
being reserved, stated or referred to the Court. (3) A
notice of appeal shall give the names and addresses of the appellant or the
appellant's solicitor, if any, and of the persons being served with the notice
of appeal. (4) The
notice of appeal may be amended within twenty days of filing and thereafter
only with leave of the Court, and as amended shall be forthwith filed and
served. 57.08 Notice of Intention to Participate (1) Any
person served with a notice of appeal in a tribunal appeal, other than the
tribunal itself, may participate in that appeal as a respondent, if that person
files with the Registrar and delivers to the appellant a notice of intention so
to participate, within 10 days of service on that person of the notice of
appeal, containing that person's name and address or the name and address of
that person's solicitor, if any. (2) The
tribunal appealed from shall not be considered a respondent, but may file a
notice of intention to participate and other documentation as if it were a
respondent, and may participate in the appeal to the extent permitted by the
Court. (3) No
notice or other paper need be served on a person entitled to file a notice of
intention to participate who has not filed and delivered a notice of such
intention within 10 days after being served with the notice of appeal. (4) A
person who is entitled to file and who files a notice of intention to
participate whether or not that person is or is deemed to be a respondent shall
have the benefit of and be bound by these rules as if that person were a respondent. 57.09 Cross-appeal (1) A
respondent who wishes to cross-appeal or who intends to contend on the appeal
that (a) the
order appealed from should be varied in any event; (b) the
order appealed from should be affirmed on grounds other than those given by the
court appealed from; or (c) the
respondent is entitled to other or different relief or disposition than that
given by the order appealed from, shall,
within 30 days after service of the notice of appeal on the respondent, file
with the Registrar and serve on the appellant and any other party affected by
the appeal, a notice of cross-appeal specifying the grounds thereof. (2) Failure
of a respondent to file and serve a notice of cross-appeal shall not diminish
the power of the Court to deal with any matter that arises, but it may be
grounds for an adjournment of the appeal or a special order as to costs. (3) Rule
57.07 shall, with the necessary changes, apply to a cross-appeal. 57.10 Stay (1) The
filing of a notice of appeal shall not operate as a stay of the order appealed
from. (2) The
Court, on the application of a party to an appeal, may, pending disposition of
the appeal, stay any order appealed from or any order of or proceeding before a
judge of the Provincial Court or a tribunal in respect of which an order
granting or refusing relief under rule 54 or otherwise has been appealed. (3) A
stay of an order for the payment of money shall not prevent interest from
accruing in accordance with the rules generally and any other law. (4) An
order for a stay under this rule may be granted on such terms as the Court deems
just. (5) Where
by an Act of Parliament or an Act of the Legislature or by these rules, the
court, tribunal or judge appealed from is authorized, pending appeal, to stay
the order appealed or the order of or proceeding before a judge of the
Provincial Court or a tribunal referred to in rule 57.10(2), an application
under this rule shall not be made unless and until, where authorized, an
application is made before the court,
tribunal or judge appealed from, except in the case of interlocutory orders of
an injunctive nature. 57.11 Applications Respecting Initiation of Appeal (1) In
addition to any other powers conferred by rule 57 or otherwise, the Court may
at any time and on such terms as it deems just, on its own motion or on the
application of any party to an appeal, order that (a) a
notice of appeal or of cross-appeal be served on a person not a party to the
appeal, and make any further order as might have been made if the person had
originally been a party; or (b) service
of a notice of appeal or notice of cross-appeal be effected by substituted
service or that service be waived; (c) leave
or permission to appeal be granted or refused where by a statute application
for leave or permission to appeal must be made to a judge before a notice of
appeal can be filed; and (d) a
notice of appeal be struck out because
of failure by the appellant to comply with rule 57 in respect thereof, provided
that 10 days notice has been given to the appellant. 57.12 Directions to Clerk of Trial Court Except in an appeal from an
interlocutory order or an appeal as to costs only or a tribunal appeal or where
otherwise ordered by the Court, the Registrar, on receiving a notice of appeal,
shall forthwith request the clerk of the court appealed from to transmit to the
Registrar the documents in the proceeding being appealed and a list of any exhibits
that are not documents. 57.13 Security for Costs (1) No
security for costs shall be required in appeals unless by reason of special
circumstances security is ordered by the Court upon application. (2) Unless
the Court otherwise orders, an appellant who fails to give security for costs
as ordered shall be deemed to have
abandoned the appeal and the respondent is entitled to costs. 57.14 Appeal Books (1) Except
in an appeal from an interlocutory order or an appeal as to costs only or where
otherwise ordered by the Court, the appellant shall, within sixty days from the
filing of the notice of appeal (a) file
with the Registrar four copies of an appeal book for the use of the Court; and (b) deliver
to each respondent or the respondent's solicitor a copy of the appeal book. (2) When
an appellant files a notice of appeal the appellant may give notice in writing
to the Registrar and serve such notice on the other parties to the appeal that,
instead of an appeal book as prescribed by this rule 57.14, the appellant will
file and deliver a printed case in the form required by the rules of the Supreme
Court of Canada. (3) Except
in an appeal from an interlocutory order, an appeal as to costs only or a
tribunal appeal, or except where otherwise ordered by the Court or agreed to in
writing by the parties, and filed with the Court, an appeal book shall consist
of the following: (a) Part
I - Documents (i) index of the documents therein, (ii) the notice of appeal and cross-appeal of any party, (iii) the documents filed in the court appealed from but not including
those required under rule 57.14(3)(b), (iv) the decision or order appealed from. (b) Part
II - Evidence (i) index of witnesses, (ii) list of all exhibits, (iii) copies of all exhibits that may be conveniently copied and are not
voluminous, (iv) printed transcript of the evidence at the trial and, if authorized
or ordered by the Court, one electronic copy of such evidence, (v) affidavits, written admissions, interrogatories and discovery
evidence filed at the trial, (vi) statement of facts agreed to by the parties in lieu of any or all
of items (iv) and (v). (c) An
appeal book shall be printed double-spaced on one side of letter size paper
with the printed pages to the left and
with each page numbered at the upper left.
If Part II is not lengthy it may be bound in the same volume with Part
I. Printing includes reproduction of
copies by typing, offsetting, mimeographing, photocopying or any other process. (d) The
cover of the appeal book shall be grey and have marked thereon the number and
short title of the appeal and each volume shall have marked thereon its number
and the number of each part therein, and where any Part contains more than one
volume, each volume shall repeat the index and show on its cover the page
numbers contained in it. (4) In
a tribunal appeal, an appeal book shall be prepared so far as possible as
prescribed by rule 57.14(3) but if any question arises, or if, except where the
appellant is the tribunal itself, any transcript, exhibit or other document is
in the control of the tribunal, the appellant may apply to the Court for
directions and assistance, which may give directions as to the form and
contents of the appeal book and may direct the tribunal to send to the
Registrar any transcript, exhibit or other document for use on the appeal. (5) The
parties to an appeal or their solicitors may by agreement (which shall be part
of the appeal book) agree to omit part or all of the transcript of evidence or
of any other material which would normally be included in an appeal book, or
agree to the inclusion of an agreed statement of facts in lieu of the
transcript or exhibits, with the object of avoiding undue expense or delay by
reproduction of material not necessary for the appeal. (6) If
a party wishes to abridge the appeal
book as provided in rule 57.14(5), but is unable to secure agreement in writing
of the opposite party or parties, the party so wishing may apply to the Court
which may give directions as to the form and content of the appeal book. Where the parties, or any of them, do not
make reasonable efforts to abridge or limit the appeal book and it becomes
apparent that such should have been done, the offending party or parties may be
penalized in costs. (7) The
Court may require the parties, either jointly or severally, to file excerpts of
relevant evidence. 57.15 Factums (1) The
appellant shall within 30 days after filing of the appeal book, or, subject to
rule 57.20, within such further time as the parties agree upon or the Court
allows, file with the Registrar four copies of a factum as prescribed by rule
57.15(3) and deliver a copy to each respondent. (2) Each
respondent shall within 30 days after being served with the appellant's factum,
or, subject to rule 57.20, within such further time as the parties agree upon or the Court allows file with the
Registrar four copies of a factum as prescribed by rule 57.15(3) and deliver a
copy to each other party to the appeal. (3) A
factum shall consist of: (a) An
Index; (b) Part
I - Concise Statement of Facts; (c) Part
II - List of the Issues; (d) Part
(e) Part
IV - Order or relief sought, including any order as to costs; (f) Appendix A - Copies of cases, from recognized law reports, and
materials referred to in Part (g) Appendix
B - Statutes and Regulations with appropriate indexing and tabulations (all
relevant provisions shall be set forth in this appendix or in the appellant's
factum, or offprints may be filed and served with the factum). (4) If
a cross-appeal involves matters not conveniently covered by a section of the
respondent's factum, the respondent shall file and serve with the factum a
second factum as a cross-appellant and the appellant (respondent on the
cross-appeal) shall have 10 days after receiving the respondent's factum to
file and serve, if the appellant wishes so to do, a separate factum as
cross-respondent. (5) Unless
otherwise ordered by the Court, this rule 57.15 shall not apply to an appeal
from an interlocutory order or an appeal as to costs only. 57.16 Form of Factum A factum shall be
double-spaced on one side of the paper only with the typed pages to the left. All
pages shall be numbered consecutively.
All paragraphs in a factum shall be numbered consecutively throughout
the factum. The covers of the
appellant's factums shall be coloured buff or yellow and the covers of the
respondents' factums (including factums as cross-appellants) shall be coloured
blue. 57.17 Application to Strike Out or Dismiss (1) Any
party to an appeal may apply to the Court in accordance with rule 57.30 at any
time before or at the hearing of the appeal for an order (a) striking
out the notice of appeal; or (b) dismissing
the appeal on the
grounds that: (c) no
appeal lies to the Court, (d) the
appeal is frivolous, vexatious or without merit, (e) the
appellant has unduly delayed the preparation and perfection of the appeal, or (f) the appellant has failed to apply to have the appeal set down for
hearing. (2) The
application shall state the reasons therefor and shall be supported by an
affidavit setting forth any relevant facts not set forth in the order appealed
from. 57.18 Application to Set Time for Hearing, etc. (1) The
Court shall at the beginning of each session set aside a day or a number of days in each month when
applications for hearings shall be made to the Court. Notice of such application shall be filed
with the Court and served on other parties at least four clear days prior to
the application day. (2) Where
the time for the filing of a factum by a party to an appeal other than the
appellant has expired and the factum has not been filed, the appellant or any
other party to the appeal who has filed a
factum may apply to the Court to set a time for the hearing of the appeal. (3) An
application made in pursuance of rule 57.18(1) shall be accompanied by an
affidavit verifying that the matter is ready for hearing. Subject to further direction from the Court,
an appeal shall be deemed to be perfected upon the filing of such application
and affidavit. (4) Where
an application to set a time for the hearing of an appeal has been filed with
the Court pursuant to rule 57.18(2), no factum in the matter shall thereafter
be filed without leave of the Court. (5) Leave
to file a factum pursuant to rule 57.18(4) may be given upon such terms as the
Court deems just and no such factum shall be filed otherwise than in accordance
with such terms. (6) A
party to an appeal who has not filed a factum shall not be entitled to be heard
on the hearing of the appeal, unless the Court otherwise orders. (7) The
Court may of its own motion set a time for the hearing of an appeal. 57.19 Discontinuance An appellant may discontinue
an appeal by filing with the Registrar and serving upon the respondent a notice
stating that the appellant has so discontinued it, whereupon the appeal shall
be at an end and the respondent shall be entitled to costs unless the
respondent consents in writing on the notice that the respondent waives costs. 57.20 Striking Out and Deemed Abandonment of Appeals (1) Where
on a pending appeal six months have passed since the last step was taken, the
Registrar may fix a time for the Court to consider whether to strike out the
notice of appeal. (2) After
the Registrar has given notice in the manner required by this rule, the Court
may (a) after
hearing any party who appears, or (b) where
no one appears, strike out
the notice of appeal. (3) Notice
referred to in rule 57.20(2) may be effected by service on the solicitor for
the appellant or the appellant at the last known address indicated in the
documents filed, and if any document filed to date indicates the solicitor of
record for a respondent or respondents, or the address or addresses of a
respondent or respondents where there is no solicitor of record, notice shall
be so served. Service may be by ordinary
mail or by delivery confirmed facsimile transmission. (4) Where
on a pending appeal, in respect of which the notice of appeal was filed after
January 1, 2000, 12 months have passed since the last step was taken and no
order has been made pursuant to rule 57.20(2), the appeal shall be deemed to
have been abandoned, the Registrar shall record the abandonment and the
respondent shall be entitled to costs. (5) Where
on a pending appeal, in respect of which the notice of appeal was filed prior
to January 1, 2000, 12 months, after January 1, 2000, have passed since the
last step was taken and no order has been made pursuant to rule 57.20(2), the
appeal shall be deemed to have been abandoned, the Registrar shall record such
abandonment and the respondent shall be entitled to costs. (6) Upon
recording abandonment of any such appeal under rules 57.20(4) and (5), the
Registrar shall send notice by ordinary mail or by facsimile transmission to
the solicitors of record or to the parties at the last known addresses of such
solicitors or parties as indicated in the documents filed in the appeal. In the case of appeals referred to in rule
57.20(5) the Registrar shall, within three months of entry of such abandonment,
publish notice of the same in the Newfoundland Gazette, which notice may be a
single notice containing a list of all such appeals abandoned during the
preceding three months. (7) Inability
or failure of the Registrar to effect any notice required by rule 57.20(6)
shall not affect the deemed abandonment of an appeal. (8) No
proceedings shall thereafter be taken in any appeal deemed abandoned pursuant
to rules 57.20(4) or (5) unless the same shall have been re-instated by the
Court, which the Court may do on such terms as the Court deems just, which
terms may include the payment to the respondent or respondents of costs to date
on a solicitor and client basis, which the Court may order be paid by the
solicitor who filed the notice of appeal or any solicitor named in a notice of
change of solicitors, or both, personally if the Court is satisfied that the
solicitor or solicitors is or are responsible for the failure to have proceeded
with the appeal on a timely basis. (9) The
Court may, on application by a party prior to the date on which the appeal
would be deemed to be abandoned, extend the date of deemed abandonment to such
later date as may be appropriate. 57.21 Evidence (1) The
Court on the application of a party may on special grounds authorize evidence
to be given to the Court on the hearing of an appeal on any question of fact as
it directs. (2) The
evidence shall be taken by oral examination before the Court or by affidavit or
deposition or in such manner as the
Court directs. (3) The
Court on an appeal may on special grounds inspect or view any place, property
or thing. 57.22 Prehearing Conferences (1) The
Court may at any time direct a prehearing conference. (2) Where
a direction is made under rule 57.22(1), the parties or their counsel shall
attend before a Judge personally at a time and place directed, or in such other
manner as the Judge may direct, to consider (a) the
simplification or isolation of issues on the appeal, (b) the
appropriateness of conducting a settlement or mediation hearing, or (c) any
other matter that might expedite the appeal. (3) Discussions
at a prehearing conference are without prejudice and shall not be referred to
at the hearing of the appeal. (4) The
Judge conducting a prehearing conference, except by consent of the parties,
shall not sit on the hearing of the appeal and shall not disclose to any member
of the appeal panel what positions were taken or what admissions or concessions
were made by the parties or their counsel at the conference. (5) After
a prehearing conference, the Judge who held it may make a direction on any
matter referred to in rule 57.22(2), (a) to (c). 57.23 Powers of the Court (1) Subject
to the jurisdiction, powers and authority conferred on the Court by the Act or
any other statute the Court may (a) amend,
set aside or discharge any order appealed from except one made in the proper
exercise of such discretion as belongs to the court making the order or
decision, unless an enabling statute specifically so authorizes; (b) draw
inferences of fact, allow any amendment, or make any order which might have
been made by the court appealed from or which the appeal may require; (c) make
such order as to the costs of the proceeding or appeal as it deems fit; (d) direct
a new trial by jury or otherwise, or a further hearing for determination of any
matter, and for that purpose direct that the order appealed from be set aside; (e) postpone
or adjourn the hearing of an appeal for such period as it deems just; (f) make any order which the appeal may require. (2) The
powers of the Court may be exercised in respect of all or any part of the order
or proceedings appealed from, notwithstanding that the notice of appeal states
that part only of the order is complained of, and may be exercised in favour of
all or any of the parties or other persons interested in the appeal, although
they have not complained of the order appealed from. (3) On
or after hearing an application for leave to appeal, the Court, if it grants
leave to appeal and if the merits of the appeal have been fully argued, may
decide the appeal without further argument. 57.24 Sessions of the Court (1) The
Court shall sit at St. John's or elsewhere as the Chief Justice may direct. (2) The
Court shall sit at the following times, except as varied from time to time by the
Chief Justice; (a) between
the Monday in September following Labour
Day and the Friday in December nearest the fifteenth day of December, and (b) between
the Monday in January nearest the tenth day of January and the Friday in June
nearest the thirtieth day of June. (3) The
Chief Justice or, in the absence of the Chief Justice, the senior Judge present
or such other Judge as may be designated by the Chief Justice or the senior
Judge present, shall preside at each sitting of the Court. 57.25 Delivery of Judgment (1) The
decision of the Court shall be given orally or in writing. (2) An
oral decision may be given at the conclusion of the hearing of an appeal or
subsequently. (3) A
written decision confirming an oral decision may be filed subsequent to the
giving of the oral decision and the written decision shall be the decision of
the Court. (4) A
written decision shall be filed with the Registrar. (5) Where
there is more than one written decision the judgment of the Court shall be that
indicated by the majority of the panel hearing an appeal. (6) The
judgment of the court shall be deemed to have been delivered on the date when a
majority of the decisions of the Judges of the panel hearing the appeal have
been filed or, if those decisions are in conflict, when a sufficient number of
written decisions have been filed or assented to from which the majority view
of the panel hearing the appeal may be determined. (7) Where
a decision is given in writing or given orally and later reduced to writing,
the Registrar shall send a copy thereof, without charge, to the parties or
their solicitors, to the court appealed from, and to such libraries and other
persons as the Chief Justice authorizes in the particular case or generally. Copies may be supplied to other persons on
payment of the applicable charge
therefor. (8) Where
a written decision is not filed, the
Registrar shall notify the court appealed from of the result of the appeal. 57.26 Consent Judgment The parties or counsel for
the parties may consent to the reversal or variation of the judgment, order or
proceeding appealed from by giving to the Registrar a notice of consent signed
by the parties or counsel for the parties and thereupon the Court may, subject
to such conditions as the Court may impose, pronounce judgment of reversal or
variation accordingly. 57.27 Formal
Order (1) Upon
a decision having been filed or deemed filed under rule 57.26, an order shall
be drawn up by the successful party, and approved and initialled by the other
party or parties, providing for the disposition of the appeal as directed by
the Court. Such order shall be approved
by the Judge who acted as chair of the panel and be signed by and filed with
the Registrar. If such an order is not
filed within 10 days after the decision is given, any other party to the appeal
or the Registrar may draw up and file the order in accordance with this rule
57.27(1). (2) Where
the parties are unable to agree as to the formal order, either party may apply
to the panel of the Court which heard the appeal, which may thereupon determine
the form of the order for filing with the Registrar. (3) Any
party to an appeal who wishes the order amended to express better the intent of
the decision of the Court may apply to the Court, which may thereupon correct
or otherwise amend the formal order, and the amended order shall then without a
change of date be signed and entered by the Registrar as the formal order
disposing of the appeal. For greater
certainty, the provisions of rule 15.07 shall apply, with the necessary
changes. (4) Where
the order appealed from has been reversed, and the order of the Court provides
for the payment of money, the order shall,
unless otherwise directed by the Court, bear interest from the date of the
order reversed. 57.28 Disposition of Files, etc. The Registrar shall preserve
the appeal book, factums, other documents and orders, and unless the Court
otherwise orders, return to the court appealed from all files and exhibits
received from it, unless the matter is appealed to the Supreme Court of Canada,
in which event the Registrar shall comply with the rules of that court. The Registrar shall not return the files and
exhibits to the court appealed from until the time for appeal or application
for leave to appeal to the Supreme Court of Canada has expired. 57.29 Entry of Orders by Registrar (1) Where
an order of the Court has been certified by the Registrar to the clerk of the
court or tribunal from which the appeal was taken, the latter shall thereupon
cause it to be entered in the proper book and all subsequent proceedings may be
taken thereon as if the order had been granted by the court appealed from. For the purposes of the Judgment Enforcement Act, enforcement proceedings may be taken as
if the date of the order appealed from is the date on which the order of the
Court is filed in this Court. (2) When
an order of the Supreme Court of Canada has been certified by the registrar of
that court to the clerk of the court or tribunal from which the appeal was taken, the clerk shall thereupon
cause it to be entered in the proper book and all subsequent proceedings may be
taken thereon as if the order had been granted by the court or tribunal
appealed from. 57.30 Interlocutory Applications to the Court (1) An
interlocutory application may be made to the Court under this rule 57.30 in any
appeal or other matter where by this or any other rule or under the Supreme
Court of Canada Act or any other statute an interlocutory application may be
made by notice, motion, petition or otherwise to the Court. (2) An
interlocutory application to the Court shall be in Form 57.30A and shall concisely set out the grounds
of the application and the relief sought, be supported by affidavit as to the
facts raised and to be relied upon in the application, and be accompanied by a
memorandum of the points of argument and a list of authorities relied upon. (3) An
intended applicant may apply ex parte
to the Registrar of the Court to set
a time for the hearing of the interlocutory application and that date having
been set, shall serve copies of the documentation filed and a copy of any
proposed order on all other parties at least four clear days before the
hearing, unless by any rule or statute any other length of notice is required
or permitted. (4) A
party opposing the application shall file with the Registrar any affidavit or
memorandum on which that party relies and serve a copy thereof on the applicant
and on any other parties at least 48 hours before the time of hearing. The memorandum shall contain the points of
argument and a list of authorities relied on. (5) An
application may be made ex parte
where (a) under
a statute or rule notice is specifically not required; (b) the
opposing party has in writing waived notice or consented to the order proposed
by the applicant; or (c) the
Court authorizes the application to be made ex
parte. (6) The
Court may order that (a) notice
of an interlocutory application be served on such persons as it directs; (b) the
hearing of an interlocutory application be adjourned to permit such service; (c) service
of notice on a person be dispensed with; (d) the
hearing of an interlocutory application be adjourned, continued or dismissed if
a person, who ought to have been served, has not been served; (e) the
interlocutory application be referred to the Court for hearing and disposition
as if it were an appeal; (f) any time prescribed by this rule be extended or abridged before or
after the expiration thereof. (7) In
cases where the giving of evidence is permissible, rule 29.09 shall, with the
necessary changes, apply to the hearing of an interlocutory application under
rule 57.30. (8) Rules
29.11 and 29.12 shall, with the necessary changes, apply to an interlocutory
application under rule 57.30. (9) Costs
of any interlocutory application shall be in the discretion of the Court. 57.31 Miscellaneous Powers (1) On
an appeal, the Court may give any directions respecting the conduct of the
appeal that it considers necessary. (2) The
Court may dispense with compliance with a rule in a proceeding, except in
relation to reinstatement of an appeal deemed abandoned under rule 57.20. (3) The
court may issue practice notes on any matter respecting appeals. (4) Where
an application is heard and disposed of by a single judge pursuant to Section
10 of the Judicature Act, the matter
may, with leave of the Chief Justice, be reheard by a panel of the Court. 57.02A BETWEEN: A.B. INTENDED APPELLANT and C.D.
INTENDED RESPONDENT NOTICE
OF APPLICATION FOR LEAVE TO APPEAL TAKE NOTICE THAT the
Appellant applies for leave to appeal and, if granted, will appeal from the
order or decision of (the Honourable Justice ) dated the (day) day of (month),
(year), being an interlocutory order or decision respecting (set out
matter) in proceedings in the (Supreme Court) bearing No. (insert trial court number). (set out grounds of
appeal) DATED AT , Newfoundland, this (day)
day of (month), (year). (Sgd.)
A.B. TO (the Respondent or his or her Solicitor 57.03A BETWEEN: A.B. APPELLANT and C.D.
RESPONDENT NOTICE
OF APPEAL TAKE NOTICE THAT the
Appellant appeals from the order or decision of (the Honourable Justice ) dated the (day) day of (month),
(year) in proceedings in the (Supreme Court) bearing No. (inset trial
court number). (set out grounds of
appeal) DATED AT , Newfoundland,
this (day) day of (month), (year). (Sgd.)
A.B. TO (the Respondent or his or her Solicitor 57.30A BETWEEN: A.B. APPELLANT and C.D.
RESPONDENT INTERLOCUTORY
APPLICATION The Application of A.B., the
(Appellant) (Respondent) herein says: 1. (Set forth material facts). 2. The (Appellant) (Respondent) therefore applies for an order that
(set forth relief sought). DATED at , Newfoundland
the (day) day of (month), (year). (Sgd.) A.B. Commencement 2. This Rule comes into force on ©Earl G. Tucker, Queen's Printer |