Supreme Court Act (R.S.C., 1985, c. S-26)

Act current to 2014-10-15 and last amended on 2013-12-12. Previous Versions

JUDGMENTS

Marginal note:Quashing proceedings in certain cases

 The Court may quash proceedings in cases brought before it in which an appeal does not lie, or whenever such proceedings are taken against good faith.

  • R.S., c. S-19, s. 46.
Marginal note:Appeal may be dismissed or judgment given

 The Court may dismiss an appeal or give the judgment and award the process or other proceedings that the court whose decision is appealed against should have given or awarded.

  • R.S., c. S-19, s. 47.
Marginal note:New trial may be ordered

 On any appeal, the Court may, in its discretion, order a new trial if the ends of justice seem to require it, although a new trial is deemed necessary on the ground that the verdict is against the weight of evidence.

  • R.S., c. S-19, s. 48.
Marginal note:Appeal may be remanded

 The Court may, in its discretion, remand any appeal or any part of an appeal to the court appealed from or the court of original jurisdiction and order any further proceedings that would be just in the circumstances.

  • 1994, c. 44, s. 99.

COSTS

Marginal note:Payment of costs

 The Court may, in its discretion, order the payment of the costs of the court appealed from, of the court of original jurisdiction, and of the appeal, or any part thereof, whether the judgment is affirmed, or is varied or reversed.

  • R.S., c. S-19, s. 49.

AMENDMENTS

Marginal note:Necessary amendments
  •  (1) At any time during the pendency of an appeal before the Court, the Court may, on the application of any of the parties, or without any such application, make all such amendments as are necessary for the purpose of determining the appeal or the real question or controversy between the parties as disclosed by the pleadings, evidence or proceedings.

  • Marginal note:At whose instance

    (2) An amendment referred to in subsection (1) may be made, whether the necessity for it is or is not occasioned by the defect, error, act, default or neglect of the party applying to amend.

  • R.S., c. S-19, s. 50.
Marginal note:Conditions

 Every amendment shall be made on such terms as to payment of costs, postponing the hearing or otherwise as to the Court seem just.

  • R.S., c. S-19, s. 51.

INTEREST

Marginal note:Interest

 Unless otherwise ordered by the Court, a judgment of the Court bears interest at the rate and from the date applicable to the judgment in the same matter of the court of original jurisdiction or at the rate and from the date that would have been applicable to that judgment if it had included a monetary award.

  • R.S., c. S-19, s. 52;
  • 1974-75-76, c. 18, s. 7.