Marginal note:Variation of order
40. A judge may, on cause being shown, revoke or amend an order previously made pursuant to section 679 of the Code.
Marginal note:Fresh evidence
41. (1) An appellant or respondent desiring to adduce fresh evidence on appeal shall apply to the court for leave to do so by notice of motion returnable on the date fixed for hearing the appeal.
(2) The notice of motion shall be filed not later than 10 days before the date fixed for hearing the appeal.
Marginal note:Where no procedure provided
42. Unless otherwise provided, an application to the court or a judge shall be by notice of motion in Form N together with the affidavit in Form O.
Marginal note:Address for service
43. On every document filed, the person filing the document shall provide the following address information:
(a) if the person is represented, the name, address, telephone and fax numbers and email address, if any, of the lawyer in charge of the file; or
(b) if the person is self-represented, the full name, occupation, business or residential address, telephone and fax numbers and email address, if any, of the person.
Marginal note:Sending of documents and notices by registrar
44. (1) The registrar shall send all documents and notices by ordinary mail, by fax or by other electronic means.
(2) Where the registrar sends a transcript or any other document or notice by ordinary mail, the transcript, notice or other document is deemed to have been received five days after the date it was mailed.
Marginal note:Receipt by fax
45. (1) The registrar may accept a copy of a document transmitted by facsimile, provided that the person transmitting the document shall file the original document immediately thereafter.
(2) If the original document is filed, the date of filing is deemed to have been the date the facsimile was received by the registrar.
Marginal note:Electronic filing
46. Any person may file a document electronically in the manner approved by the court.
Marginal note:Computing time
Marginal note:Recording devices
48. Except as otherwise provided by law, no person shall record by any device, machine, or system the proceedings in the court or in the chambers without leave of the court or a judge, as the case may be.
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