Acts and Regulations

Rule-24 - STATED CASE

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Full text
Current to 1 January 2024
DISPOSITION WITHOUT TRIAL
RULE 24
STATED CASE
24.01Where Available
(1)Where the parties to a proceeding concur in stating, in the form of a stated case, one or more questions of law for the opinion of the court, a party may apply to the court for leave to set the stated case down for hearing.
(2)Leave to set a stated case down for hearing may be granted only where the court is satisfied that the determination of the stated questions will either dispose of the proceeding or facilitate the determination of the matters in issue.
24.02Form of Stated Case
A stated case shall set out concisely the facts agreed upon by the parties and shall include such reference to documents as may be necessary to enable the court to determine the stated questions and shall be signed by the parties or their solicitors (Form 24A).
24.03Stated Case to Court of Appeal
(1)A motion under Rule 24.01 may be made to a judge of the Court of Appeal for leave to have a stated case determined in the first instance by that court and the judge may grant leave where Rule 24.01(2) is satisfied and where the stated case raises an issue in respect of which
(a) there are conflicting decisions of judges of the Court of King’s Bench and there is no decision of the Court of Appeal,
(b) there is a conflict between decisions of the Court of Appeal and an appellate court of another province, or between decisions of appellate courts of two or more other provinces, or
(c) one of the parties seeks to establish that a decision of the Court of Appeal should not be followed.
(2)A judge who grants leave under paragraph (1) may give directions in respect of the time and form in which the case is to be listed for hearing and the exchange and filing of submissions, and subject to any such directions, Rule 62 applies with necessary modifications.
86-87; 2022-86
24.04Hearing of Stated Case
(1)Upon the hearing of a stated case, the entire contents of documents referred to therein may be read and the court hearing the matter may draw any inference from the facts and the documents which might have been drawn therefrom if they had been proved at a trial.
(2)On the determination of the question of law, the court may make an order or grant judgment accordingly.
86-87