Acts and Regulations

2012-103 - General

Full text
Leave to appeal
44(1)A request for leave to appeal (Form 18) to the Court of Appeal, accompanied by the filing fee required by the Rules of Court, shall be filed with the Registrar of the Court of Appeal within 30 days after the filing of the decision of the judge of the Court of King’s Bench.
44(2)The appellant shall set out the grounds for appeal in the request for leave to appeal and shall attach to the form the written argument and a copy of the documentary evidence on which the appellant intends to rely.
44(3)The Registrar of the Court of Appeal shall notify the clerk of the Court of King’s Bench of the filing of the request for leave to appeal and the clerk of the Court of King’s Bench shall forward his or her file on the action to the Registrar of the Court of Appeal.
44(4)The Registrar of the Court of Appeal shall send a copy of the request for leave to appeal and the attached written argument and documentary evidence to each respondent by any means that provides proof of receipt of the copy.
44(5)A respondent has 30 days after the date of the sending of the request for leave to appeal to file with the Registrar of the Court of Appeal a written argument and a copy of the documentary evidence on which the respondent intends to rely.
44(6)The Registrar of the Court of Appeal shall send a copy of a respondent’s written argument and documentary evidence to each other party to the appeal by any means that provides proof of receipt of the copy.
44(7)A written argument shall not exceed 20 pages unless, at the request of a party, the Chief Justice of New Brunswick grants the party permission to exceed 20 pages.
44(8)Subject to subsection (9), a judge of the Court of Appeal shall dispose of a request for leave to appeal under this section on the basis of the written arguments of the parties and any other documents relevant to the appeal without hearing oral argument, unless, in the opinion of the judge of the Court of Appeal, it is appropriate to hear oral argument.
44(9)If directed by the judge of the Court of Appeal, the Registrar of the Court of Appeal shall set a time for hearing the request for leave to appeal and notify the parties of the time.
44(10) Each party shall have 30 minutes to present his or her oral argument at the hearing of the request for leave to appeal unless, at the request of a party, the judge grants the party further time.
2023, c.17, s.257
Leave to appeal
44(1)A request for leave to appeal (Form 18) to the Court of Appeal, accompanied by the filing fee required by the Rules of Court, shall be filed with the Registrar of the Court of Appeal within 30 days after the filing of the decision of the judge of the Court of Queen’s Bench.
44(2)The appellant shall set out the grounds for appeal in the request for leave to appeal and shall attach to the form the written argument and a copy of the documentary evidence on which the appellant intends to rely.
44(3)The Registrar of the Court of Appeal shall notify the clerk of the Court of Queen’s Bench of the filing of the request for leave to appeal and the clerk of the Court of Queen’s Bench shall forward his or her file on the action to the Registrar of the Court of Appeal.
44(4)The Registrar of the Court of Appeal shall send a copy of the request for leave to appeal and the attached written argument and documentary evidence to each respondent by any means that provides proof of receipt of the copy.
44(5)A respondent has 30 days after the date of the sending of the request for leave to appeal to file with the Registrar of the Court of Appeal a written argument and a copy of the documentary evidence on which the respondent intends to rely.
44(6)The Registrar of the Court of Appeal shall send a copy of a respondent’s written argument and documentary evidence to each other party to the appeal by any means that provides proof of receipt of the copy.
44(7)A written argument shall not exceed 20 pages unless, at the request of a party, the Chief Justice of New Brunswick grants the party permission to exceed 20 pages.
44(8)Subject to subsection (9), a judge of the Court of Appeal shall dispose of a request for leave to appeal under this section on the basis of the written arguments of the parties and any other documents relevant to the appeal without hearing oral argument, unless, in the opinion of the judge of the Court of Appeal, it is appropriate to hear oral argument.
44(9)If directed by the judge of the Court of Appeal, the Registrar of the Court of Appeal shall set a time for hearing the request for leave to appeal and notify the parties of the time.
44(10) Each party shall have 30 minutes to present his or her oral argument at the hearing of the request for leave to appeal unless, at the request of a party, the judge grants the party further time.