Rules of the Supreme Court of Canada

64 (1) If, after the filing of a notice of application for leave to appeal, an applicant has not served and filed all the documents required under Rule 25

• (a) within the time set out in paragraph 58(1)(a) of the Act or the time extended under subsection 59(1) of the Act,

  • (i) a respondent may make a motion to the Registrar for dismissal of the application for leave to appeal as abandoned, and

  • (ii) the Registrar may dismiss the application for leave to appeal as abandoned if the time for serving and filing the materials is not extended by a judge on motion; or

• (b) after the time referred to in paragraph (a) or three months after the filing of a notice of application for leave to appeal, whichever is later, the Registrar may, after sending a notice of intention in Form 64 to the applicant and copies to all other parties, dismiss the application for leave to appeal as abandoned if the time for serving and filing the materials is not extended by a judge on motion.

(2) The motion for an extension of time referred to in subparagraph (1)(a)(ii) must be served and filed within 20 days after the service of the motion of the respondent and the motion for an extension of time referred to in paragraph (1)(b) within 20 days after the receipt of the Registrar’s notice of intention.