Argument of unrepresented party
24 A person who is unrepresented by legal counsel may file a written argument with the registrar at any time before the day fixed for the hearing but is entitled to a hearing without filing a written argument or a case book.
25 (1) The registrar shall fix the dates for court hearings and shall advise the parties of the dates.
25 (2) [Repealed, SI/2010-40, s. 4]
25 (3) Where the appellant’s factum is not filed within the time limits set out in these rules, the registrar or a judge may fix a date for hearing, and thereafter, the respondent shall have 30 days within which to file a factum.
25 (4) Where
(a) the appellant’s factum is not filed within the time limits set out in these rules;
(b) no extension of time has been sought under rule 21 within three months after the receipt by the registrar of the transcript or, where a transcript is not required, the appeal book; and
(c) no date for a hearing has been set under subrule (3);
the registrar shall notify counsel for the appellant, or the appellant, if unrepresented, that, unless the appeal is perfected in accordance with these rules within 30 days after the date of the notice, the appeal will be deemed to be abandoned.
- SI/2003-136, s. 10;
- SI/2010-40, s. 4.
Non-receipt of transcript
26 Where an appeal hearing is dependent upon a consideration of a transcript of trial proceedings and
(a) the transcript is not received by the registrar within four months after the initiating document is filed unless transcription services advises the registrar that the transcript has been ordered but will not be completed until a later date; or
(b) it appears to the registrar that the transcript has not been ordered or will not be available;
the registrar may notify the appellant that, unless the appeal is perfected in accordance with these rules within 30 days after the date of the notice, the appeal will be deemed to be abandoned.
- SI/2003-136, s. 11.
Application of Queen’s Bench Rules
27 Where the appellant or respondent obtains leave of the court to call further evidence at the hearing of the appeal, the attendance of a witness or the production of a document may be obtained in accordance with the applicable provisions in the Court of Queen’s Bench Rules, Manitoba Regulation 553/88, and all the provisions of those rules, so far as they are applicable, apply to the production of evidence on an appeal.
28 [Repealed, SI/2003-136, s. 12]
Referral to court
29 A judge in chambers may refer an application for leave to appeal to the court for determination either separately or in conjunction with a hearing of the appeal on its merits.
Hearing of appeal where leave granted
30 Where the court grants an application for leave to appeal, it may immediately hear the appeal on its merits or direct that the case be placed on the list for hearing at such future time as the court determines.
- Date modified: