Acts and Regulations

2012-103 - General

Full text
Appeal by way of a new hearing
39(1)A party to an action who has attended a hearing or who was represented at a hearing may appeal the decision of an adjudicator on the substance of a claim, counterclaim or third party claim by filing a request for appeal by way of a new hearing (Form 16) with the clerk of the Court of King’s Bench in the judicial district where the matter was heard, with the filing fee required by the Rules of Court.
39(2)A request for appeal by way of a new hearing (Form 16) shall be filed within 30 days after the date of the filing of the adjudicator’s decision.
39(3)On receipt of a request for appeal by way of a new hearing, the clerk of the Court of King’s Bench shall
(a) send a copy of the request to each other party,
(b) request the original file from the court, and
(c) schedule a time and place for the hearing and send a notice of a new hearing (Form 16A) to the parties by any means that provides proof of its receipt.
39(4)An appeal under this section shall be by way of a new hearing.
39(5)The record on appeal shall consist of all the pleadings in the small claims action.
39(6)On an appeal under this section, a judge of the Court of King’s Bench may, if he or she considers it appropriate, conduct the appeal in accordance with the relaxed rules of evidence prescribed under section 11 of the Act and the relaxed procedure set out under section 34 of this Regulation.
2023, c.17, s.257
Appeal by way of a new hearing
39(1)A party to an action who has attended a hearing or who was represented at a hearing may appeal the decision of an adjudicator on the substance of a claim, counterclaim or third party claim by filing a request for appeal by way of a new hearing (Form 16) with the clerk of the Court of Queen’s Bench in the judicial district where the matter was heard, with the filing fee required by the Rules of Court.
39(2)A request for appeal by way of a new hearing (Form 16) shall be filed within 30 days after the date of the filing of the adjudicator’s decision.
39(3)On receipt of a request for appeal by way of a new hearing, the clerk of the Court of Queen’s Bench shall
(a) send a copy of the request to each other party,
(b) request the original file from the court, and
(c) schedule a time and place for the hearing and send a notice of a new hearing (Form 16A) to the parties by any means that provides proof of its receipt.
39(4)An appeal under this section shall be by way of a new hearing.
39(5)The record on appeal shall consist of all the pleadings in the small claims action.
39(6)On an appeal under this section, a judge of the Court of Queen’s Bench may, if he or she considers it appropriate, conduct the appeal in accordance with the relaxed rules of evidence prescribed under section 11 of the Act and the relaxed procedure set out under section 34 of this Regulation.
Appeal by way of a new hearing
39(1)A party to an action who has attended a hearing or who was represented at a hearing may appeal the decision of an adjudicator on the substance of a claim, counterclaim or third party claim by filing a request for appeal by way of a new hearing (Form 16) with the clerk of the Court of Queen’s Bench in the judicial district where the matter was heard, with the filing fee required by the Rules of Court.
39(2)A request for appeal by way of a new hearing (Form 16) shall be filed within 30 days after the date of the filing of the adjudicator’s decision.
39(3)On receipt of a request for appeal by way of a new hearing, the clerk of the Court of Queen’s Bench shall
(a) send a copy of the request to each other party,
(b) request the original file from the court, and
(c) schedule a time and place for the hearing and send a notice of a new hearing (Form 16A) to the parties by any means that provides proof of its receipt.
39(4)An appeal under this section shall be by way of a new hearing.
39(5)The record on appeal shall consist of all the pleadings in the small claims action.
39(6)On an appeal under this section, a judge of the Court of Queen’s Bench may, if he or she considers it appropriate, conduct the appeal in accordance with the relaxed rules of evidence prescribed under section 11 of the Act and the relaxed procedure set out under section 34 of this Regulation.