This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 2001 Rules of the Supreme Court, 1986 (Amendment) (Filed Under the
authority of section 55 of the Judicature
Act, the Rules Committee of the Court of Appeal makes the following Rules. Dated at Barry R.
Sparkes, B.C.L. RULES Analysis 1. Rule
57 Amdt. 1. (1) Rule 57.02(4) of the Rules of the Supreme Court, 1986 is amended by (a) deleting
the word "or" at the end of clause (c); (b) deleting the period at the end of clause (d) and substituting a comma and the word "or"; and (c) adding as clause (e) the following: (e) the Court is of the view that the interests of justice require that leave be granted. (2) Rule 57.11(1) of the rules is amended by (a) deleting the word "or" at the end of clause (a); (b) deleting the word "and" at the end of clause (c); (c) deleting the period at the end of clause (d) and substituting a semicolon and the word "and"; and (d) adding as clause (e) the following: (e) the time within which the notice of appeal could be filed be extended to include the date on which it was actually filed. (3) Rule 57.23(1)(b) of the rules is amended by deleting the words "or which the appeal may require". (4) Rule 57.25 of the rules is repealed and the following substituted: Delivery of Judgment 57.25. (1) The judgment of the Court may be given orally or determined from the
judges' written reasons for judgment to be filed with the Registrar. (2) An
oral judgment may be given at the conclusion of the hearing of an appeal, or
subsequently. The Court may, at the time
of giving oral judgment or subsequently, file written reasons explaining the
oral judgment. Where, at the time of
delivery of oral judgment the Court does not file, or express an intention to
file, written reasons explaining the oral judgment, the chairperson of the
panel shall prepare, sign and file with the Registrar a memorandum succinctly
explaining the disposition of the matter by the Court. (3) Written
reasons explaining an oral judgment or, where no reasons are filed, the
memorandum of disposition, shall be the decision of the Court. (4) Where
written reasons are filed by more than one judge, the judgment of the Court
shall be that indicated by the majority of the panel hearing an appeal. (5) Unless
delivered orally, 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. (6) The
Registrar shall send without charge a copy of all written reasons for judgment,
the reasons explaining oral judgment or the memorandum of disposition, as the
case may be, to the parties or their solicitors, to the court appealed from,
and to such libraries and other persons as the Chief Justice directs in the
particular case or generally. Copies may
be supplied to other persons on payment of the applicable charge therefor. (5) Rules 57.27(1) and (2) of the rules are repealed and the following substituted: Formal Order 57.27. (1) Upon a decision having been
filed or deemed filed, an order shall be prepared by the successful party or
may be prepared by any party stating the disposition of the appeal as directed
by the Court and served upon other parties.
Such order shall be approved by the Judge who acted as chair of the
panel or in the absence of that Judge, the next senior Judge on the panel, and
be signed by and filed with the Registrar, who shall then notify all parties or
their solicitors of the filing. (6) Paragraph (3) of rule 57.27 of the rules is redesignated as paragraph (2). (7) Paragraph (4) of rule 57.27 of the rules is redesignated as paragraph (3). (8) Rule 57.28 of the rules is amended by deleting the word "The" at the beginning and substituting the following words and comma "After completion of the appeal, the". (9) Rules 57.30(6)(c) and (f) of the rules are repealed. (10) Clause (d) of rule 57.30(6) of the rules is redesignated as clause (c). (11) Clause (e) of rule 57.30(6) of the rules (a) is redesignated as clause (d); and (b) is amended by deleting the semicolon at the end of the clause and substituting a period. (12) Rule 57.31 of the rules is amended by adding as paragraph (5) the following: (5) The Court may order that (a) service
of notice on a person be dispensed with; and (b) any
time prescribed by this rule be extended or abridged before or after the
expiration thereof. ©Earl G. Tucker, Queen's Printer |