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Rules of the Supreme Court of Canada

Version of section 65 from 2006-03-22 to 2006-10-12:

  •  (1) If, after leave to appeal has been granted or in the case of an appeal for which leave to appeal is not required, an appellant fails to serve and file a notice of appeal within the time set out in paragraph 58(1)(b) of the Act or the time extended under subsection 59(1) of the Act, the Registrar may send notice of intention in Form 65 to the appellant and copies to all other parties, and a judge may dismiss the appeal as abandoned if the time for serving and filing the notice of appeal is not extended by a judge on motion.

  • (2) If, after the notice of appeal has been filed, an appellant has not served and filed their record and factum within the time set out in Rule 35,

    • (a) a respondent may make a motion to a judge for the dismissal of the appeal and the judge may dismiss the appeal as abandoned if the time for serving and filing the materials is not extended by a judge on motion; or

    • (b) the Registrar may send a notice of intention in Form 65 to the appellant referred to in subrule (2) and a copy to all other parties, and a judge may dismiss the appeal as abandoned if the time for serving and filing the record and factum is not extended by a judge on motion.

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

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