Rules of the Supreme Court of Canada

65 (1) If, after leave to appeal has been granted, 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 a notice of intention in Form 65 to the appellant and copies of it 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 respondent may make a motion to a judge for the dismissal of the appeal as abandoned or the Registrar may send a notice of intention in Form 65 to the appellant and copies of it to all other parties, and a judge may dismiss the appeal as abandoned if the time for serving and filing the materials is not extended by a judge on motion.

(3) The motion for an extension of time referred to in subrules (1) and (2) must be served and filed within 20 days after the service of the respondent’s motion for dismissal or the receipt of the Registrar’s notice of intention, as the case may be.