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

Act current to 2019-06-20 and last amended on 2013-12-12. Previous Versions

Marginal note:If suggestion of death untrue

 A suggestion of the death of one of several appellants, of a sole appellant, of all the appellants or of one of several respondents, if untrue, may on motion be set aside by the Court or a judge.

  • R.S., c. S-19, s. 80

Marginal note:Death of sole respondent or all respondents

 In the event of the death of a sole respondent or of all the respondents, the appellant may proceed, on giving one month’s notice of the appeal and of the appellant’s intention to continue the appeal, to the representative of the deceased party, or, if no such notice can be given, on such notice to the parties interested as a judge of the Court directs.

  • R.S., c. S-19, s. 81

Marginal note:Death of party where judgment against deceased

 In the event of the death of a sole plaintiff or defendant before the judgment of the court in which an action or appeal is pending is delivered, and if the judgment is against the deceased party, the legal representatives of the deceased party, on entering a suggestion of the death, are entitled to proceed with and prosecute an appeal in the Supreme Court in the same manner as if they were the original parties to the suit.

  • R.S., c. S-19, s. 82

Marginal note:Death of party where judgment in favour of deceased

 In the event of the death of a sole plaintiff or sole defendant before the judgment of the court in which an action or appeal is pending is delivered, and if the judgment is in favour of the deceased party, the other party, on entering a suggestion of the death, is entitled to proceed with and prosecute an appeal in the Supreme Court against the legal representatives of the deceased party, but the time limited for appealing shall not run until the legal representatives are appointed.

  • R.S., c. S-19, s. 83

Entry of Causes

Marginal note:Entry of appeals and order of hearing

 Unless otherwise ordered by the Chief Justice or one of the puisne judges at the Chief Justice’s direction, the appeals set down for hearing shall be

  • (a) entered by the Registrar on a list in the order in which they have been inscribed for hearing; and

  • (b) heard in the order that the Registrar considers appropriate and disposed of.

  • R.S., 1985, c. S-26, s. 79
  • 1990, c. 8, s. 41
  • 1994, c. 44, s. 102

Evidence

Marginal note:Affidavits

 All persons authorized to administer affidavits to be used in any of the superior courts of any province may administer oaths and take and receive affidavits, declarations and solemn affirmations in that province to be used in the Court.

  • R.S., c. S-19, s. 85

Marginal note:Appointment of commissioners

  •  (1) The Governor in Council may, by commission, empower such persons as the Governor in Council thinks necessary, within or outside Canada, to administer oaths and take and receive affidavits, declarations and solemn affirmations in or concerning any proceeding had or to be had in the Court.

  • Marginal note:Effect of affidavits

    (2) Every oath, affidavit, declaration or solemn affirmation taken or made pursuant to subsection (1) is as valid and of the like effect, to all intents, as if it had been administered, taken, sworn, made or affirmed before the Court or before any judge or competent officer thereof in Canada.

  • Marginal note:Style of commissioners

    (3) Every commissioner empowered pursuant to subsection (1) shall be styled “a commissioner for administering oaths in the Supreme Court of Canada”.

  • R.S., c. S-19, s. 86

Marginal note:How affidavits, declarations or affirmations may be made outside Canada

 Any oath, affidavit, declaration or solemn affirmation concerning any proceeding had or to be had in the Court administered, taken, sworn, made or affirmed outside Canada is as valid and of the same effect to all intents as if it had been administered, taken, sworn, made or afffirmed before a commissioner appointed under this Act, if it is so administered, taken, sworn, made or affirmed outside Canada before

  • (a) a commissioner authorized to take and receive affidavits to be used in Her Majesty’s High Court of Justice in England;

  • (b) a notary public and certified under his hand and official seal;

  • (c) a mayor or chief magistrate of any city, borough or town corporate in any part of the Commonwealth and Dependent Territories other than Canada, or in any foreign country, and certified under the common seal of that city, borough or town corporate;

  • (d) a judge of any court of superior jurisdiction in any part of the Commonwealth and Dependent Territories other than Canada and certified under the seal of the court of which he is a judge; or

  • (e) a consul, vice-consul, acting consul, pro-consul or consular agent of Her Majesty exercising his functions in any foreign place and certified under his official seal.

  • R.S., c. S-19, s. 87

Marginal note:No proof required of signature or seal of commissioner

 Every document purporting to have affixed, imprinted or subscribed thereon or thereto the signature of

  • (a) a commissioner appointed under this Act,

  • (b) a person authorized to take affidavits to be used in any of the superior courts of any province, or

  • (c) any one of the persons referred to in paragraphs 82(a) to (e), whose signature is certified in the manner therein provided,

in testimony of any oath, affidavit, declaration or solemn affirmation having been administered, taken, sworn, made or affirmed by or before that person, shall be admitted in evidence without proof of the signature or seal or official character of that person.

  • R.S., c. S-19, s. 88

Marginal note:Informality not an objection

 No informality in the heading or other formal requisites of any affidavit, declaration or solemn affirmation, made or taken before any person under any provision of this Act or any other Act, shall be an objection to its admission in evidence in the Court, if the court or judge before which or whom it is tendered thinks proper to admit it, and if it is actually sworn to, declared or affirmed by the person making it before any person duly authorized thereto and is admitted in evidence, no such informality shall be set up to defeat an indictment for perjury.

  • R.S., c. S-19, s. 89
 
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