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Newfoundland Regulation 2001


NEWFOUNDLAND REGULATION 2/01

NEWFOUNDLAND REGULATION 2/01

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

(Filed January 2, 2001)

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 12, 2000.

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

RULES

Analysis


        1.   Rule 57 Amdt.
CIVIL APPEALS
COURT OF APPEAL


 

        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             (4)  Rule 57.25 of the rules is repealed and the following substituted: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.