Re-hearing of Application for Leave to Appeal
74. There shall be no re-hearing of an application for leave to appeal.
Reconsideration or Re-Hearing of a Motion
75. Subject to Rule 78, there shall be no reconsideration or re-hearing of a motion.
Re-Hearing of Appeal
76. (1) At any time before judgment is rendered or within 30 days after the judgment, a party may make a motion to the Court for a re-hearing of an appeal.
(2) Notwithstanding the time referred to in subrule 54(1), the other parties may respond to the motion for a re-hearing within 15 days after service of the motion.
(3) Within 15 days after service of the response to the motion for a re-hearing, the applicant may reply by serving on all other parties and filing with the Registrar the original and 14 copies of the reply.
(4) Notwithstanding subrule 54(4), there shall be no oral argument on a motion for a re-hearing unless the Court otherwise orders.
(5) If the Court orders a re-hearing, the Court may make any order as to the conduct of the hearing as it considers appropriate.
PART 15ORDERS AND JUDGMENTS
77. Every order shall be signed either by the judge who made it or by the Registrar.
Review of Order of Registrar
78. (1) Within 20 days after the Registrar makes an order, any party affected by the order may make a motion to a judge to review the order.
(2) The affidavit in support of the motion shall set out the reasons for the objection to the order.
Judgment of the Court
79. A judgment rendered by the Court shall be signed by a judge and sealed with the Court seal.
Date of Judgment
80. Every judgment shall bear the date on which it is rendered and shall take effect from that day unless the Court otherwise orders.
81. (1) Within 30 days after a judgment, a party may make a motion to a judge or, if all the parties affected have consented to amend the judgment, a request to the Registrar, if the judgment
(a) contains an error arising from an accidental slip or omission;
(b) does not accord with the judgment as delivered by the Court in open court; or
(c) overlooked or accidentally omitted a matter that should have been dealt with.
(2) The judge on a motion under subrule (1) may dismiss the motion, amend the judgment or direct that a motion for a re-hearing be made to the Court in accordance with Rule 76.
- SOR/2011-74, s. 34.
PART 16FEES AND COSTS
Fees Payable to Registrar
82. (1) The fees payable to the Registrar are those set out in Schedule A.
(2) A party may on motion to the Registrar request an exemption from paying any of the fees set out in Schedule A.
Taxation of Costs
83. (1) Costs in a proceeding shall be taxed by the Registrar party and party in accordance with the tariff of fees and disbursements set out in Schedule B unless the Court otherwise orders.
(2) The party awarded costs shall, within six months after the order setting out the final decision on costs, serve on all parties who are liable to pay, and file with the Registrar, a notice of taxation in Form 83A together with a bill of costs in Form 83B.
(3) Within 10 days after service of the notice of taxation and bill of costs, a party who disputes the taxation of the bill of costs or one of its items shall serve on the party requesting the taxation and all other parties who are liable to pay, and file with the Registrar a response in letter form.
(4) Within five days after service of the response, the party requesting the taxation may serve on all parties who are liable to pay and file with the Registrar a reply in letter form.
(5) At the end of the time period referred to in subrule (4) or if a consent to taxation is filed, the Registrar shall issue a certificate of taxation.
(6) The certificate of taxation is final and conclusive as to all matters not objected to.
(7) When, pursuant to an order of the Court, a judge or the Registrar, a party who is entitled to receive costs is liable to pay costs to any other party, the Registrar may adjust the costs accordingly.
(8) The Registrar may direct the production of such books, papers and documents as the Registrar considers necessary to tax costs.
- SOR/2006-203, s. 38.
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