42(1)Any of the following decisions of the Court of Queen’s Bench may, with leave of a judge of the Court of Appeal, be appealed on a question of law alone to the Court of Appeal:
(a)
a decision filed within 30 days before the commencement of this section under Rule 80, or
(b)
a decision filed on or after the commencement of this section under Rule 80, despite its repeal.
42(2)Subsection (1) applies whether or not the action commenced under Rule 80.
42(3)Any of the following decisions of the Court of Queen’s Bench filed within 30 days before the commencement of this section or on or after the commencement of this section may, with leave of a judge of the Court of Appeal, be appealed on a question of law alone to the Court of Appeal:
(a)
a decision following a trial de novo that was commenced under the Small Claims Act, chapter S-9.1 of the Acts of New Brunswick, 1997;
(b)
a decision in respect of an appeal of an adjudicator’s decision that was commenced under Rule 80 before its repeal;
(c)
a decision in respect of an appeal referred to in subsection 41(2) or (3).
42(4)An application for leave to appeal under subsection (1) or (3) shall be made and dealt with in accordance with the regulations under this Act establishing the procedure for applications for leave to appeal to the Court of Appeal, with any necessary modifications.
42(5)If leave is granted, the appeal shall be commenced, dealt with and concluded in accordance with the regulations under this Act establishing the procedure for appeals to the Court of Appeal, with any necessary modifications.
42(1)Any of the following decisions of the Court of Queen’s Bench may, with leave of a judge of the Court of Appeal, be appealed on a question of law alone to the Court of Appeal:
(a)
a decision filed within 30 days before the commencement of this section under Rule 80, or
(b)
a decision filed on or after the commencement of this section under Rule 80, despite its repeal.
42(2)Subsection (1) applies whether or not the action commenced under Rule 80.
42(3)Any of the following decisions of the Court of Queen’s Bench filed within 30 days before the commencement of this section or on or after the commencement of this section may, with leave of a judge of the Court of Appeal, be appealed on a question of law alone to the Court of Appeal:
(a)
a decision following a trial de novo that was commenced under the Small Claims Act, chapter S-9.1 of the Acts of New Brunswick, 1997;
(b)
a decision in respect of an appeal of an adjudicator’s decision that was commenced under Rule 80 before its repeal;
(c)
a decision in respect of an appeal referred to in subsection 41(2) or (3).
42(4)An application for leave to appeal under subsection (1) or (3) shall be made and dealt with in accordance with the regulations under this Act establishing the procedure for applications for leave to appeal to the Court of Appeal, with any necessary modifications.
42(5)If leave is granted, the appeal shall be commenced, dealt with and concluded in accordance with the regulations under this Act establishing the procedure for appeals to the Court of Appeal, with any necessary modifications.