Negotiations on Size of Appeal Book and Transcript
9. (1) The appellant and respondent shall attempt to reduce the bulk of the appeal book and transcript by excluding from them material, including evidence, that is unnecessary for a proper hearing of the appeal.
(2) The appellant or respondent may suggest to the other party what material ought to be excluded from the appeal book or transcript.
(3) The appellant or respondent, on two days’ notice, may take out an appointment with the registrar to settle the appeal book or transcript.
(4) The registrar may give directions respecting what should be included or deleted from the appeal book or transcript.
(5) The appellant or respondent may appeal a direction of the registrar to a justice and the justice may refer the question to the registrar of the court appealed from or to a judge of that court.
10. (1) Unless otherwise directed by the registrar, the appellant shall file four copies of his factum and deliver a copy of it to the respondent within 30 days after filing the appeal book and transcript.
(2) Unless otherwise directed by the registrar, the respondent shall file four copies of his factum and deliver a copy of it to the appellant within 30 days after receiving the appellant’s factum.
(3) Where the appellant wishes to reply to the respondent’s factum, he shall file his factum in reply within seven days after receiving the respondent’s factum and promptly deliver a copy of it to the respondent.
(4) Factums shall comply with Form 6 and the requirements set out in that Form.
(5) The registrar shall not accept a factum for filing that does not substantially comply with Form 6.
(6) Factums shall not
(a) contain irrelevant material; or
(b) reproduce any matter that is contained in the appeal book or transcript, where reference to the material or matter will reasonably suffice.
(7) The index page of the appellant’s factum shall, where counsel estimates the hearing of the appeal will exceed one day, contain the following endorsement:
“Having consulted with counsel for the respondent, I consider that the hearing of this appeal should take —. I consider that the presentation of my argument will take —.”
Sentence Appeals with Counsel
11. In an appeal against sentence, the appellant shall file four copies of such sentence appeal material as may be required by the registrar and serve one copy of the material on the respondent.
12. The court may order preparation of a post-sentence report relating to a person in respect of whom an appeal against sentence has been brought.
OTHER PRE-HEARING MATTERS
Summary Dismissal for Want of Prosecution or Failure to Comply with Rules
13. (1) Where the appellant fails to
(a) diligently pursue his appeal, or
(b) comply with these Rules,
the respondent may apply to the court or, on an appeal where leave is required, to a justice, for an order that the appeal be dismissed.
(2) On an application under subrule (1) or a reference under subrule (3),
(a) the court may dismiss the appeal or make any other order it considers just; or
(b) where the appeal required leave and leave has not yet been granted, the court or a justice may dismiss the appeal or make any other order that the court or justice considers just.
(3) Where the registrar considers that the appellant has failed to diligently pursue the appeal or has failed to comply with these Rules, he may refer the matter to the court or a justice.
(4) Where the registrar makes a reference under subrule (3),
(a) he shall serve the appellant and respondent with at least two days’ notice of the hearing of the reference; and
(b) the grounds in paragraphs 17(3)(a) and (b) for not requiring service on an unrepresented appellant apply.
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