Payment of Money Out of Court
86 (1) Money deposited as security under paragraph 60(1)(b) of the Act may be paid out of Court on motion to the Registrar or by sending a letter to the Registrar in which all the parties affected have consented.
(2) The Registrar may provide for the payment of all monies to the party who paid the security, their counsel or their agent.
(3) If any other party, their counsel and their agent cannot be found, notice of a motion for payment out may be given by posting a copy of it at the Registry and the Registrar shall refer the motion to a judge no sooner than 28 days after the notice was posted.
- SOR/2006-203, s. 40
Security and Interest
Dispensing with Security
88 (1) A party may, on motion to a judge or the Registrar, request an exemption from providing security under paragraph 60(1)(b) of the Act.
(2) The affidavit of a party in support of a motion under subrule (1) shall set out that the party’s net assets, exclusive of their family home and the subject-matter of the proceeding, do not exceed $5,000 and that they are unable to provide security.
PART 18Miscellaneous Provisions
89 (1) An affidavit shall be filed to substantiate any fact that is not a matter of record in the Court.
(2) An affidavit to be used in a proceeding shall be limited to the statement of facts within the knowledge of the deponent, but statements based on information or belief that state the source of the information or the grounds for the belief may be admitted by the Court, a judge or the Registrar.
(3) When the record of the court appealed from or of the trial court is filed with the Registrar, that record is part of the record of the Court.
Examination on Affidavit
90 (1) Any party may, by leave of a judge or the Registrar on motion, cross-examine the deponent of an affidavit filed with the Registrar by serving on the party who filed the affidavit a notice requiring the production of the deponent and documents for cross-examination before a commissioner for oaths designated by the judge or the Registrar.
(2) The notice required by subrule (1) shall be served within the time that the judge or Registrar may order.
(3) Any cross-examination referred to in subrule (1) shall take place before the proceeding is heard unless a judge or the Registrar otherwise orders.
(4) The transcript of a cross-examination may be filed with the Registrar within 10 days after the cross-examination.
(5) A judge or the Registrar may, on his or her own initiative, order the production of documents on a cross-examination.
(6) Where a deponent is not produced for cross-examination, the deponent’s affidavit shall be struck out unless a judge or the Registrar otherwise orders.
Oaths and Witnesses
91 (1) The Registrar and each Registry officer who is certified as a commissioner for oaths may administer oaths.
(2) The Registrar may examine witnesses in any proceeding.
Appointment of Amicus Curiae
92 The Court or a judge may appoint an amicus curiae in an appeal.
Changes Affecting the Record
- SOR/2011-74, s. 35(F)
92.1 Counsel or their agents shall advise the Court in writing of any changes that affect the record in any motion, application for leave to appeal or appeal. When necessary, a party shall bring a motion to adduce new evidence to bring the change to the attention of the Court.
- SOR/2006-203, s. 41
93 (1) Subject to subrule (2), a party may discontinue any proceeding by serving on all other parties and filing with the Registrar a notice of discontinuance.
(2) An appellant who discontinues an appeal under section 69 of the Act shall also serve on the clerk of the court appealed from a copy of the notice of discontinuance.
Notices to the Profession
94 The Registrar may issue notices to the profession as the Registrar considers necessary to explain or clarify these Rules or the practice before the Court.
- SOR/2011-74, s. 36(F)
Notice Convening Court
- SOR/2019-1, s. 13
95 The Registrar shall publish, in Form 95, the notice convening the Court under section 34 of the Act.
Notice of Remote Participation by a Judge
95.1 (1) Following the approval of the Chief Justice, a judge may, in any proceeding before the Court, participate by use of any communication technology.
(2) In advance of a proceeding referred to in subrule (1), the Registrar is to, if feasible, send a notice of remote participation by a judge in Form 95.1.
PART 19[Repealed, SOR/2013-175, s. 41]
96 [Repealed, SOR/2013-175, s. 41]
97 [Repealed, SOR/2013-175, s. 41]
98 [Repealed, SOR/2013-175, s. 41]
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