PART 12Dismissals and Vexatious Proceedings (continued)
Vexatious Proceedings (continued)
67 (1) The Registrar may, after sending a notice in Form 67 to any party referred to in subrule 66(1) or (2) and copies of it to all other parties, and, on the expiry of the time referred to in subrule (2) to this rule, request that a judge make an order under subrule 66(1) or (2), as the case may be.
(2) Within 10 days after receipt of the Registrar’s notice, any party may serve on all other parties and file with the Registrar a response.
- SOR/2006-203, s. 33
PART 13Scheduling and Appearances
Scheduling — Motions and Applications for Leave
68 (1) The Chief Justice or, in the absence of the Chief Justice, the senior judge present, shall set the dates on which the Court shall hear motions and applications for leave to appeal for which a hearing has been ordered pursuant to paragraph 43(1)(c) or subsection 43(1.2) of the Act.
(2) The Court may hear motions and applications for leave to appeal on dates other than those set out in subsection 32(3) of the Act.
Scheduling — Appeals
(2) On confirmation of the date of hearing by the Court, and no later than the first day of a session referred to in section 32 of the Act, the Registrar shall issue a list of appeals to be heard in the order in which the cases have been set down for hearing and send a copy of a notice of hearing in Form 69 to all parties.
- SOR/2006-203, s. 34
Appearances — Motions and Applications for Leave
70 Unless the Court or a judge otherwise orders,
(a) no more than one counsel shall present oral argument for each party on motions and applications for leave to appeal;
(b) the applicant or all of the applicants, as the case may be, shall limit their oral argument to 15 minutes in total, and their reply to five minutes in total; and
(c) the respondent or all of the respondents, as the case may be, shall limit their oral argument to 15 minutes in total.
(d) [Repealed, SOR/2006-203, s. 35]
- SOR/2006-203, s. 35
Appearances — Appeals
(2) Respondents and interveners do not have the right of reply unless the Court or a judge otherwise orders.
(3) A respondent or an intervener who fails to serve and file their factum within the time set out in Rule 36 or 37, or in an order of the Court, a judge or the Registrar, as the case may be, shall not present oral argument on the appeal unless a judge, on motion, otherwise orders.
(4) The name of counsel appearing before the Court shall be given in writing to the Registrar at least two weeks before the appeal is to be heard.
(5) Unless the Court, a judge or the Registrar otherwise orders or directs,
(a) the appellant or all of the appellants, as the case may be, shall limit their oral argument to one hour in total, and their reply to five minutes, but when the appellant or all of the appellants do not use the entire hour for principal argument, up to a maximum of 15 additional minutes may be taken for reply; and
(b) the respondent or all of the respondents, as the case may be, shall limit their oral argument to one hour in total.
(c) [Repealed, SOR/2016-271, s. 36]
(d) [Repealed, SOR/2006-203, s. 36]
(5.1) Despite paragraphs (5)(a) and (b), the time allotted for oral argument may be reduced to 30 minutes in an appeal referred to in paragraph 33(1)(b) or (c).
(5.2) A judge may authorize any attorney general who has filed a notice of intervention in accordance with subrule 33(4) to present oral argument at the hearing of the appeal and may determine the time to be allotted for the argument.
(6) If a judge or the Registrar directs that a motion related to an appeal must be heard by the Court on the day of the hearing of the appeal, the time allotted under subrule (5) to the party who made the motion shall be reduced accordingly unless the Court, a judge or the Registrar otherwise orders.
(7) All counsel appearing before the Court shall be robed.
- SOR/2006-203, s. 36
- SOR/2011-74, s. 32
- SOR/2016-271, s. 36
- SOR/2019-1, s. 11
Failure to Appear
72 If any party fails to appear on the day and at the time fixed for the hearing, the Court may hear the party or parties present and may dispose of the proceeding without hearing the party so failing to appear, or may postpone the hearing on such terms, including the payment of costs, as the Court considers appropriate.
PART 14Reconsiderations and Re-hearings
Reconsideration of Application for Leave to Appeal
(2) A motion for reconsideration must be served on all parties and the original and two copies of the printed version of the motion filed with the Registrar within 30 days after the judgment on the application for leave to appeal.
(3) The motion for reconsideration must be bound and consist of the following, in the following order:
(a) a notice of motion for reconsideration in Form 47, with any modifications that the circumstances may require;
(b) an affidavit setting out the exceedingly rare circumstances in the case that warrant consideration by the Court and an explanation of why the issue was not previously raised;
(c) any new documents that the party intends to rely on; and
(d) a statement of argument not exceeding 10 pages.
(4) The Registrar shall refuse to accept a motion for reconsideration that includes an affidavit that does not set out exceedingly rare circumstances as required by paragraph (3)(b).
(5) A respondent may respond to a motion for reconsideration within 10 days after its acceptance for filing by serving on all other parties and filing with the Registrar the original and two copies of the printed version of a memorandum of argument not exceeding 10 pages.
(6) Within 10 days after the service of the response, the applicant may reply by serving on all parties and filing with the Registrar the original and two copies of the printed version of a memorandum of argument not exceeding five pages.
- SOR/2006-203, s. 37
- SOR/2011-74, s. 33
- SOR/2016-271, s. 37
- SOR/2020-281, s. 15
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
(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 and is deemed to be signed if it bears a facsimile of the judge’s or Registrar’s signature.
- SOR/2019-1, s. 12
Review of Order of Registrar
(2) The affidavit in support of the motion shall set out the reasons for the objection to the order.
(3) The Registrar’s decision to refuse to accept a document under subrule 8(2) or 73(4) is not an order.
- SOR/2016-271, s. 38
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