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Supreme Court Act (R.S.C., 1985, c. S-26)

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Act current to 2022-05-02 and last amended on 2019-12-18. Previous Versions

Evidence (continued)

Marginal note:Effect of consent of parties to examination of witness

 Where the parties in any case pending in the Court consent in writing that a witness may be examined within or outside Canada by interrogatories or otherwise, the consent and the proceedings had under it are as valid in all respects as if an order had been made and the proceedings had under the order.

  • R.S., c. S-19, s. 95

Marginal note:Examinations taken in Canada

  •  (1) All examinations taken in Canada pursuant to this Act shall be returned to the Court.

  • Marginal note:Depositions to be used in evidence

    (2) The depositions taken in the course of an examination referred to in subsection (1), certified under the hands of the person or one of the persons taking them, may, without further proof, be used in evidence, saving all just exceptions.

  • R.S., c. S-19, s. 96

Marginal note:Examinations taken outside Canada

  •  (1) All examinations taken outside Canada pursuant to this Act shall be proved by affidavit of the due taking of the examinations, sworn before a commissioner or other person authorized under this Act or any other Act to take the affidavit, at the place where the examination has been taken, and shall be returned to the Court.

  • Marginal note:Depositions to be used in evidence

    (2) The depositions returned to the Court under subsection (1), together with the affidavit, and the order or commission, closed under the hand and seal of the person or one of the persons authorized to take the examination, may, without further proof, be used in evidence, saving all just exceptions.

  • R.S., c. S-19, s. 97

Marginal note:Reading of examination

 Where any examination has been returned, any party may give notice of the return, and no objection to the examination being read has effect unless taken within the time and in the manner prescribed by general order.

  • R.S., c. S-19, s. 98

General

Marginal note:Process of the Court

  •  (1) The process of the Court runs throughout Canada and shall be tested in the name of the Chief Justice or, in case of a vacancy in the office of Chief Justice, in the name of the senior puisne judge, and shall be directed to the sheriff of any county or other judicial division into which any province is divided.

  • Marginal note:Officers of the Court

    (2) The sheriffs of the counties or other judicial divisions of the provinces are ex officio officers of the Court and shall perform the duties and functions of sheriffs in connection with the Court.

  • Marginal note:Coroners

    (3) In any case where the sheriff is disqualified, the process shall be directed to any of the coroners of the county or district.

  • R.S., c. S-19, s. 99

Marginal note:Further powers of commissioners

 Every commissioner for administering oaths in the Supreme Court, who resides within Canada, may take and receive acknowledgments and any kind of recognizance in the Court.

Marginal note:Orders for payment of money

  •  (1) An order in the Court for payment of money, whether for costs or otherwise, may be enforced by such writs of execution as the Court prescribes.

  • Marginal note:No attachment for non-payment only

    (2) No attachment as for contempt shall issue in the Court for the non-payment of money only.

  • R.S., c. S-19, ss. 101, 102

Marginal note:Judges may make rules and orders

  •  (1) The judges, or any five of them, may make general rules and orders

    • (a) for regulating the procedure of and in the Court and the bringing of cases before it from courts appealed from or otherwise, and for the effectual execution and working of this Act and the attainment of the intention and objects thereof;

    • (b) for allowing appeals in forma pauperis by leave, notwithstanding the provisions of this Act or any other Act requiring the giving of security for costs, and for allowing a respondent leave to defend in forma pauperis;

    • (c) for empowering the Registrar to do any such thing and transact any such business as is specified in the rules or orders, and to exercise any authority and jurisdiction in respect of the rules or orders as may be done, transacted or exercised by a judge sitting in chambers by virtue of any statute or custom or by the practice of the Court;

    • (d) for fixing the fees and costs to be taxed and allowed to, and received and taken by, and the rights and duties of, the officers of the Court;

    • (e) for awarding and regulating costs in the Court in favour of and against the Crown, as well as the subject; and

    • (f) with respect to matters coming within the jurisdiction of the Court, with respect to references to the Court by the Governor in Council, and in particular with respect to investigations of questions of fact involved in any such reference.

  • Marginal note:Extent of rules and orders

    (2) The rules and orders may extend to any matter of procedure or otherwise not provided for by this Act, but for which it is found necessary to provide, in order to ensure the proper working of this Act and the better attainment of the objects thereof.

  • Marginal note:Force of rules and orders

    (3) All rules not inconsistent with the express provisions of this Act have force and effect as if herein enacted.

  • Marginal note:Copies to be laid before Parliament

    (4) Copies of all rules and orders made under this section shall be laid before each House of Parliament on any of the first fifteen days after the making thereof on which that House is sitting.

  • R.S., 1985, c. S-26, s. 97
  • R.S., 1985, c. 34 (3rd Supp.), s. 7

Marginal note:Payment of costs due to or by Crown

 Any moneys or costs awarded to the Crown shall be paid to the Receiver General, and the Minister of Finance shall cause to be paid out of any unappropriated moneys forming part of the Consolidated Revenue Fund any moneys or costs awarded to any person against the Crown.

  • R.S., c. S-19, s. 104

Marginal note:Crown entitled to costs notwithstanding solicitor or counsel salaried officer

  •  (1) In any proceeding to which Her Majesty is a party, either as represented by the Attorney General of Canada or otherwise, costs adjudged to Her Majesty shall not be disallowed or reduced on taxation merely because the solicitor or the counsel who earned the costs, or in respect of whose services the costs are charged, was a salaried officer of the Crown performing such services in the discharge of his duty and remunerated therefor by his salary, or for that or any other reason not entitled to recover any costs from the Crown in respect of the services so rendered.

  • Marginal note:Costs paid into C.R.F.

    (2) The costs recovered by or on behalf of Her Majesty in any case referred to in subsection (1) shall be paid into the Consolidated Revenue Fund.

  • R.S., c. S-19, s. 105

Marginal note:Fees payable

 All fees payable to the Registrar under this Act shall be paid into the Consolidated Revenue Fund and the Registrar shall regulate the collection of those fees.

  • R.S., c. S-19, s. 106
  • R.S., c. 44(1st Supp.), s. 9
 
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