References by Senate or House of Commons
Marginal note:Report on private bill or petition
54. The Court, or any two of the judges, shall examine and report on any private bill or petition for a private bill presented to the Senate or House of Commons and referred to the Court under any rules or orders made by the Senate or House of Commons.
- R.S., c. S-19, s. 56.
Marginal note:Writ of certiorari
55. A writ of certiorari may, by order of the Court or a judge, issue out of the Court to bring up any papers or other proceedings had or taken before any court, judge or justice of the peace, and that are considered necessary with a view to any inquiry, appeal or other proceeding had or to be had before the Court.
- R.S., c. S-19, s. 61.
PROCEDURE IN APPEALS
Marginal note:Proceedings in appeal
56. Proceedings on an appeal shall, when not otherwise provided for by this Act, the Act providing for the appeal or the general rules and orders of the Court, be in conformity with any order made, on application by a party to the appeal, by the Chief Justice or, in the absence of the Chief Justice, by the senior puisne judge present.
- R.S., c. S-19, s. 63;
- R.S., c. 44(1st Supp.), s. 5.
Marginal note:Limited appeal
57. The appellant may appeal from the whole or any part of any judgment or order and, if the appellant intends to limit the appeal, the notice of appeal shall so specify.
- R.S., c. S-19, s. 64.
Marginal note:Time periods for appeals
58. (1) Subject to this Act or any other Act of Parliament, the following provisions with respect to time periods apply to proceedings in appeals:
(a) in the case of an appeal for which leave to appeal is required, the notice of application for leave to appeal and all materials necessary for the application shall be served on all other parties to the case and filed with the Registrar of the Court within sixty days after the date of the judgment appealed from; and
(b) in the case of an appeal for which leave to appeal is not required or in the case of an appeal for which leave to appeal is required and has been granted, a notice of appeal shall be served on all other parties to the case and filed with the Registrar of the Court within thirty days after the date of the judgment appealed from or the date of the judgment granting leave, as the case may be.
Marginal note:Computation of time periods
(2) The month of July shall be excluded in the computation of a time period referred to in subsection (1).
- R.S., 1985, c. S-26, s. 58;
- R.S., 1985, c. 34 (3rd Supp.), s. 5;
- 1997, c. 18, s. 139.
Marginal note:Extension of time for appeal
59. (1) Notwithstanding anything in this Act or any other Act of Parliament, the court proposed to be appealed from or any judge thereof or the Supreme Court or a judge thereof may under special circumstances, either before or after the expiration of a time period prescribed by section 58, extend that time period.
(2) Where a court or judge grants an extension of time under subsection (1), that court or judge shall impose such terms as to security or otherwise as seem proper under the circumstances.
Marginal note:Non-application to election cases
(3) This section does not apply to appeals under section 532 of the Canada Elections Act.
Marginal note:Appeals in forma pauperis
(4) Notwithstanding anything in this Act, a judge may, on an application for leave to appeal in forma pauperis, allow an appeal by giving the applicant leave to serve notice of appeal although the time prescribed by section 58 has expired.
- R.S., 1985, c. S-26, s. 59;
- R.S., 1985, c. 34 (3rd Supp.), s. 6;
- 2000, c. 9, s. 572.
- Date modified: