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Newfoundland and Labrador
Regulation 2014


NEWFOUNDLAND AND LABRADOR REGULATION 91/14

NEWFOUNDLAND AND LABRADOR
REGULATION 91/14

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

(Filed November 5, 2014)

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, April 24, 2014.

J. Derek Green
Chairperson, Rules Committee

RULES

Analysis


        1.   Rule 57.02 Amdt.
Leave to appeal

        2.   Rule 57.10 Amdt.
Stay

        3.   Transitional


 

        1. Rule 57.02(1)(b) of the Rules of the Supreme Court, 1986 is amended by deleting the word "or" after the comma in subparagraph (i), deleting the period at the end of subparagraph (ii) and substituting a comma and the word "or", and adding immediately after subparagraph (ii) the following:

                    (iii)  made by the Supreme Court, Trial Division regarding the stay of an order pending appeal.

 

        2. (1) Rule 57.10(2) of the rules is repealed and the following substituted:

             (2)  On application of a party, the Court may

             (a)  stay an order appealed from pending disposition of the appeal; and

             (b)  in respect of an order by a tribunal that has been the subject of judicial review or a statutory appeal, stay the order of the tribunal pending disposition of the appeal.

             (2)  Rule 57.10(5) of the rules is repealed and the following substituted:

             (5)  Where the Supreme Court, Trial Division has made an order regarding the stay of an order pending appeal, that order may be appealed to the Court of Appeal only with leave.

             (6)  Where no application to stay an order pending appeal has been made in the Supreme Court, Trial Division, an application to stay the order pending appeal may be made to the Court of Appeal.

Transitional

        3. These amendments to the rules shall apply where the order in respect of which a stay is being sought was made after these amendments come into force.