Supreme Court Act

Version of section 38 from 2002-12-31 to 2003-07-01:

Marginal note:Appeals per saltum

 Subject to sections 39 and 42, an appeal to the Supreme Court lies on a question of law alone with leave of that Court, from a final judgment of the Federal Court — Trial Division or of a court of a province other than the highest court of final resort therein, the judges of which are appointed by the Governor General, pronounced in a judicial proceeding where an appeal lies to the Federal Court of Appeal or to that highest court of final resort, if the consent in writing of the parties or their solicitors, verified by affidavit, is filed with the Registrar of the Supreme Court and with the registrar, clerk or prothonotary of the court from which the appeal is to be taken.

  • R.S., 1985, c. S-26, s. 38;
  • 1990, c. 8, s. 35.