Acts and Regulations

Rule-62 - CIVIL APPEALS TO THE COURT OF APPEAL

Table of contents
Full text
Current to 1 January 2024
APPEALS
RULE 62
CIVIL APPEALS TO THE COURT OF APPEAL
62.01Application of Rule
This rule applies to applications and appeals to the Court of Appeal in
(a) civil proceedings, and
(b) proceedings under the Divorce Act.
62.02Definitions
In this rule
court appealed from includes a court, commission, board, committee, tribunal or other adjudicative body from whose order or decision an appeal may be taken to the Court of Appeal.
62.02.1Videoconference
2008-1
The Chief Justice may direct that any matter in the Court of Appeal be heard by way of a videoconference.
2008-1
62.03Leave to Appeal
(1)Where a party seeks to appeal from
(a) an interlocutory order or decision,
(b) an order or decision as to costs only, or
(c) an order made with the consent of the parties,
leave to appeal must be obtained by motion to a judge of the Court of Appeal.
(1.1)A party who moves for leave to appeal from an interlocutory order or decision may move in the alternative for an extension of time to issue and serve a Notice of Appeal (Form 62B) in the event that the judge hearing the motion rules that the order or decision is not interlocutory.
(2)A Notice of Motion for Leave to Appeal (Form 62A) shall be served within 7 days from the date of the order or decision sought to be appealed, or within such further time as is allowed by the judge hearing the motion for leave, and the provisions of Rule 37 apply where not inconsistent with this subrule.
(3)The record on a motion under paragraph (1) shall consist of
(a) an index,
(b) a copy of the notice of motion,
(c) a copy of the order or decision sought to be appealed,
(d) a copy of the pleadings, if any, and
(e) a copy of any affidavits or other evidence relevant to the appeal.
(4)In considering whether or not to grant leave to appeal, the judge hearing the motion may consider the following:
(a) whether there is a conflicting decision by another judge or court upon a question involved in the proposed appeal;
(b) whether he or she doubts the correctness of the order or decision in question; or
(c) whether he or she considers that the proposed appeal involves matters of sufficient importance.
(5)A judge granting leave to appeal may
(a) impose such terms as may be just, and
(b) with the approval of the Chief Justice, give directions to expedite the hearing of the appeal.
(6)Subject to any directions given under paragraph (5), this rule applies to an appeal where leave to appeal has been granted.
93-12; 2008-1; 2020-53
62.03.01Disposition of motion without oral argument
2008-1
A judge may dispose of a motion under this rule on the basis of the record on the motion and the written submissions of the parties without hearing oral argument.
2008-1
62.04Motion Without Notice
Where the court dismisses a motion made without notice, the same motion may, without notice, be made to the Court of Appeal.
62.05Commencement of Appeal
(1)An appeal shall be commenced by issuing a Notice of Appeal (Form 62B) which shall set out the grounds of appeal and the relief sought.
(2)A Notice of Appeal shall be issued
(a) within 30 days from the date of the order or decision appealed from, or
(b) where leave to appeal is required, within 7 days from the date of the order granting leave.
62.06Issue and Service of Notice of Appeal
(1)A Notice of Appeal is issued when the original, a copy, and the filing fee prescribed by these rules
(a) are filed in the office of the Registrar, or
(b) are sent by prepaid registered mail or prepaid courier addressed to the Registrar of the Court of Appeal, Justice Building, Queen Street, P.O. Box 6000, Fredericton, N.B. E3B 5H1.
(2)Upon receiving an original and copy of a Notice of Appeal and the prescribed filing fee, the Registrar shall
(a) assign to the Notice of Appeal a Court of Appeal file number,
(b) enface on the original and copy the file number and the date of issue,
(c) return the original to the appellant, and
(d) retain and file the copy.
(3)Within 15 days after a Notice of Appeal is issued, the appellant shall
(a) serve a copy on all persons whose interests may be affected and file the Notice of Appeal and proof of service with the Registrar forthwith after completion of service, and
(b) forward a copy to
(i) the clerk of the Judicial District in which the proceeding was commenced, or
(ii) the court appealed from.
92-3; 2006-46
62.07Cross-Appeals
(1)A respondent may, within 15 days after a Notice of Appeal has been served upon him, serve a Notice of Cross-Appeal (Form 62D) upon all parties whose interests may be affected, and file it with the Registrar forthwith after completion of service.
(2)Leave to cross-appeal is not required in respect of an order or decision for which leave to appeal has been granted under Rule 62.03.
2008-1
62.08Respondent’s Notice of Contention
A respondent who has not cross-appealed but who contends that
(a) the order or decision appealed from should be affirmed on grounds other than those given by the court appealed from, or
(b) if the appeal is allowed in whole or in part, he is entitled to different relief than that given by the court appealed from,
shall, within 15 days from the service on him of the Notice of Appeal, serve a Notice of Contention (Form 62E) upon all parties whose interests may be affected and file it with the Registrar forthwith after completion of service.
62.09Amendment of Grounds of Appeal
(1)Before the appeal is perfected, the appellant may amend the Notice of Appeal by serving a Supplementary Notice of Appeal (Form 62C) on each of the parties served with the Notice of Appeal. The appellant shall file the Supplementary Notice of Appeal and proof of service with the Registrar forthwith after completion of service.
(2)Except with leave obtained on motion to the Court of Appeal or a judge thereof, an appellant shall not rely on a ground of appeal unless it is stated in the Notice of Appeal or a Supplementary Notice of Appeal.
2006-46
62.10Certificate or Agreement of Appellant and Respondent re Exhibits and Evidence
(1)The appellant shall serve on each respondent, with the Notice of Appeal, a Certificate of Appellant (Form 62F).
(2)A respondent shall be deemed to have confirmed the Certificate of Appellant unless, within 15 days after service of the Certificate of Appellant, the respondent serves on the appellant a Certificate of Respondent (Form 62G).
(3)Instead of complying with paragraphs (1) and (2) of this subrule, the parties to an appeal may file an Agreement Re Evidence Necessary For Use on Appeal (Form 62H).
(4)The Court of Appeal may impose cost sanctions where unnecessary evidence is produced.
(5)Repealed: 87-111
87-111
62.11Transcript of Evidence and Exhibits
(1)When Rule 62.10 is complied with, the appellant shall forthwith
(a) order in writing all the necessary evidence, or
(b) if he has already ordered all of the evidence, modify the order to comply with the certificates or agreement.
(2)When the evidence has been transcribed, the court stenographer shall forthwith
(a) forward the original transcript to the Registrar, and
(b) notify
(i) the clerk of the judicial district in which the proceeding was commenced, and
(ii) all parties to the appeal.
(2.1)Where it is unnecessary to transcribe any evidence, the appellant shall notify the clerk.
(3)Within 15 days after receiving notice from the court stenographer that the evidence has been transcribed, or notice from the appellant that it is unnecessary to transcribe any evidence, the clerk shall forward to the Registrar the original file and exhibits.
85-5; 2010-60
62.12Agreed Statement of Facts
The parties to an appeal may agree to a Statement of Facts in place of the transcript of evidence and the exhibits.
62.13Appeal Book
(1)The appellant shall prepare an Appeal Book which shall contain, in the following order, and where applicable
(a) an index,
(a.1) a Certificate of Readiness (Form 62HH),
(b) a copy of the Notice of Appeal, Supplementary Notice of Appeal, Notice of Cross-Appeal, and Notice of Contention,
(c) a copy of any order granting leave to appeal,
(d) a copy of any order respecting the conduct of the appeal,
(e) a copy of the pleadings as amended, including particulars and admissions,
(f) a copy of the order or decision appealed from and of the formal judgment of the trial court,
(g) a copy of the certificates or agreement referred to in Rule 62.10, and
(h) a copy of any affidavit evidence, or
(i) in place of items (g) and (h), any Statement of Facts agreed to under Rule 62.12.
(2)The Registrar may refuse to accept an Appeal Book that does not comply with this subrule or that is not legible.
86-87
62.14Appellant’s Submission
(1)An appellant shall prepare an Appellant’s Submission.
(2)An Appellant’s Submission shall consist of 5 parts and 2 schedules as follows:
Part IAn index of the contents;
Part IIA concise statement of all relevant facts with such references to the evidence as may be necessary;
Part IIIA concise statement setting out clearly and particularly in what respect the order or decision appealed from is alleged to be wrong;
Part IVA concise statement of the argument, law, and authorities relied upon;
Part VA concise statement of the order sought from the Court of Appeal, including any special disposition with regard to costs;
Schedule AA list of authorities in the order referred to in the Submission; and
Schedule BThe text of all relevant provisions of Statutes or Regulations (or copies of the complete Statute or Regulation may be filed and served with the Submission).
(2.1)No copies of any case or other jurisprudence referred to in Schedule A of the Appellant’s Submission shall be filed.
(3)The appellant shall number the paragraphs in the Appellant’s Submission.
(4)Unless otherwise ordered by the Chief Justice, an Appellant’s Submission, exclusive of Schedules A and B, shall not exceed 35 pages.
85-5; 86-87; 2008-1
62.14.1Where the Appeal Raises a Question of Law Alone
2016-73
With leave of the Registrar and subject to Rule 62.14(4), where the appeal raises a question of law alone, an appellant may comply with Rule 62.14(1) by filing his or her pre-hearing brief, pre-trial brief, post-hearing brief or post-trial brief, as the case may be, with all necessary modifications to the style of proceeding.
2016-73
62.14.2Time Limit for Oral Argument by Self-Represented Party and Separately Represented Party
2016-73
General
(1)Nothing in this rule shall be construed to limit a judge’s or a panel of judges’ control over the proceedings.
Time Limit for Oral Argument
(2)Unless the judge or a panel of judges otherwise directs, oral argument by each self-represented party and each separately represented party shall not exceed
(a) with respect to the main submission, 45 minutes, and
(b) with respect to the reply, ten minutes.
2016-73
62.15Perfecting Appeals
(1)Within 30 days after receiving notice from the court stenographer that the evidence has been transcribed or, if no evidence is to be transcribed, within 30 days of the issue of the Notice of Appeal, the appellant shall serve on each party
(a) a copy of the appeal book, and
(b) a copy of the Appellant’s Submission,
and file with the Registrar
(c) Repealed: 2006-46
(d) subject to Rule 62.20.2, the original and 4 copies of the appeal book described in Rule 62.13,
(e) subject to Rule 62.20.2, the original and 4 copies of the Appellant’s Submission, and
(f) a certificate that the documents referred to in clauses (a) and (b) have been served on each party.
(2)When paragraph (1) is complied with, the appeal is perfected and the Registrar shall forthwith notify all parties to the appeal of the date when it was perfected and the month in which it is eligible to be heard.
90-20; 92-3; 2006-46; 2008-1; 2010-60; 2012-57
62.15.1Failure to Perfect Appeal Within Four Months
2006-46
(1)If an appeal is not perfected within 4 months after the date of the order, decision or judgment appealed from, the Registrar shall mail a Request for Status Report (Form 62J) to the appellant’s solicitor of record or to the appellant if the appellant does not have a solicitor of record and shall mail a copy thereof to each other solicitor of record and to any other party to the appeal who does not have a solicitor of record.
(2)The appellant’s solicitor of record or the appellant, as the case may be, shall respond to the Request for Status Report within 30 days and shall send a copy of his or her response to the solicitors of record and to the parties to the appeal who do not have a solicitor of record.
(3)The Registrar shall present the response of the appellant’s solicitor of record or of the appellant, as the case may be, to a judge of the Court of Appeal who shall determine whether a Notice of Status Hearing (Form 62K) should be issued and the judge
(a) may direct the Registrar to issue a Notice of Status Hearing, or
(b) may, if satisfied with the status of the appeal, direct the Registrar to mail another Request for Status Report at a fixed date if the status of the appeal is unchanged.
(4)When the appellant’s solicitor of record or the appellant, as the case may be, does not respond to a Request for Status Report or when a judge of the Court of Appeal so directs, the Registrar shall
(a) obtain from a judge of the Court of Appeal a date for a status hearing, and
(b) at least 60 days before the date obtained under clause (a) mail a Notice of Status Hearing to the solicitors of record and to any party to the appeal who does not have a solicitor of record.
(5)The Registrar shall certify to the judge presiding at the status hearing the names and addresses of the solicitors of record and the parties to whom the Registrar has sent a Notice of Status Hearing and the date of mailing thereof.
(6)Unless the appeal has been perfected or discontinued before the date fixed for the status hearing, the solicitors of record or their properly instructed agents and the parties to the appeal who do not have solicitors of record shall attend. The parties to the appeal who have solicitors of record may attend on the status hearing. Where a party to the appeal who has a solicitor of record does not attend, the solicitor shall, on the status hearing, file proof that a copy of the notice was served on his or her client.
(7)On the status hearing, the presiding judge may
(a) order the appeal to be perfected within a specified time,
(b) adjourn the status hearing to a fixed date,
(c) dismiss the appeal, or
(d) make such other order as may be just.
(8)Unless the appeal is perfected or discontinued within the time so ordered, the Registrar shall dismiss the appeal for delay and shall notify all parties to the appeal of the dismissal.
(9)A dismissal of an appeal under clause (7)(c) or paragraph (8) shall be with costs unless the judge presiding at the status hearing orders otherwise.
2006-46
62.16Sittings
The Court of Appeal shall hold regular sittings commencing on the second Tuesday in each month except July, August and December.
85-5
62.17List of Cases
(1)The Registrar shall prepare a List of Cases for each regular sitting of the Court of Appeal in accordance with the instructions of the Chief Justice, and shall forward a copy to all parties to appeals scheduled for that sitting.
(2)Unless ordered otherwise, a perfected appeal
(a) shall not be placed on the List of Cases to be heard in the month when the appeal is perfected or in the next month, and
(b) subject to the directions of the Chief Justice, shall be placed on the List of Cases to be heard in the earliest month thereafter in which the Court of Appeal holds a regular sitting.
2020-53
62.18Early Hearing of Appeals
2020-53
The Court of Appeal or a judge of the Court of Appeal may, with the approval of the Chief Justice, order an early hearing of the appeal and may give any necessary directions.
2008-1; 2020-53
62.19Respondent’s Submission
(1)Each respondent shall prepare a Respondent’s Submission.
(2)The Respondent’s Submission shall consist of 5 parts and 2 schedules as follows:
Part IAn index of the contents;
Part IIA statement of the facts in Part II of the Appellant’s Submission which the respondent accepts as correct, and those with which he disagrees, and a concise statement of any additional facts relied upon with such references to the evidence as may be necessary;
Part IIIThe position of the respondent with respect to each issue raised by the appellant followed by a concise statement of the argument, law, and authorities relied upon;
Part IVAny additional issues raised by the respondent, each issue being followed by a concise statement of the argument, law, and authorities relied upon;
Part VA concise statement of the order sought from the Court of Appeal, including any special disposition with regard to costs;
Schedule AA list of authorities in the order referred to in the Submission; and
Schedule BThe text of all relevant provisions of Statutes or Regulations (or copies of the complete Statute or Regulation may be filed and served with the Submission).
(3)Where a respondent has given notice of crossappeal
(a) his submission respecting the cross-appeal shall be included in his Respondent’s Submission, and
(b) the appellant may deliver a Further Submission respecting the cross-appeal within 5 days from the receipt of the Respondent’s Submission.
(4)Where a respondent has given notice of contention
(a) he shall include in his Respondent’s Submission a concise statement of the facts, argument, law and authorities relied upon, and
(b) each other party to the appeal may file and serve a Further Submission within 5 days from the receipt of the Respondent’s Submission.
(4.1)No copies of any case or other jurisprudence referred to in Schedule A of the Respondent’s Submission shall be filed.
(5)A respondent shall number the paragraphs in the Respondent’s Submission.
(6)Unless otherwise ordered by the Chief Justice, a Respondent’s Submission, exclusive of Schedules A and B, shall not exceed 35 pages.
85-5; 86-87; 2008-1
62.19.1Where the Appeal Raises a Question of Law Alone
2016-73
With leave of the Registrar and subject to Rule 62.19(6), where the appeal raises a question of law alone, a respondent may comply with Rule 62.19(1) by filing his or her pre-hearing brief, pre-trial brief, post-hearing brief or post-trial brief, as the case may be, with all necessary modifications to the style of proceeding.
2016-73
62.20Filing and Service of Respondent’s Submission
Not later than the 20th day of the month preceding the month in which an appeal is eligible to be heard, each respondent shall
(a) subject to Rule 62.20.2, file the original and 4 copies of the Respondent’s Submission with the Registrar, and
(b) serve a copy of the Respondent’s Submission upon each of the parties to the appeal.
2008-1
62.20.1Book of Essential References
2008-1
(1)A party to an appeal who intends to refer to evidence at the hearing of the appeal shall prepare a Book of Essential References.
(2)Notwithstanding paragraph (1), all of the parties to an appeal, or some of them, may agree to prepare a Joint Book of Essential References.
(3)A Book of Essential References or a Joint Book of Essential References shall contain in the following order with numbered tabs:
(a) an index of the contents that indicates the name of any person who gave testimony and the name of any author of a document;
(b) Section IA copy of any excerpt from the transcript of evidence including as much text as is required to understand the context of the key portions of the excerpt; and
(c) Section IIA copy of any excerpt from the documentary evidence.
(4)At least 15 days before the hearing of the appeal, a party to the appeal shall
(a) subject to Rule 62.20.2, file the original and 4 copies of his or her Book of Essential References with the Registrar, and
(b) serve a copy of his or her Book of Essential References upon each of the parties to the appeal.
(5)At least 15 days before the hearing of the appeal, a party to the appeal who prepares a Joint Book of Essential References on behalf of all of the parties, or some of them, shall
(a) subject to Rule 62.20.2, file the original and 4 copies of the Joint Book of Essential References with the Registrar, and
(b) serve a copy of the Joint Book of Essential References upon each of the parties to the appeal.
2008-1
62.20.2Electronic filing of Appeal Book, Submissions and Books of Essential References
2008-1
(1)An appellant may, instead of filing a paper version, file an electronic version, in Portable Document Format (PDF), of the Appeal Book, the Appellant’s Submission and any Further Submission by e-mailing a copy to [email protected] within the time prescribed in this rule for filing the document.
(2)A respondent may, instead of filing a paper version, file an electronic version, in Portable Document Format (PDF), of the Respondent’s Submission by e-mailing a copy to [email protected] within the time prescribed in this rule for filing the Submission.
(3)A party to an appeal may, instead of filing a paper version, file an electronic version, in Portable Document Format (PDF), of his or her Book of Essential References or the Joint Book of Essential References, as the case may be, by e-mailing a copy to [email protected] within the time prescribed in this rule for filing the document.
2008-1
62.20.3No appeal to the Court of Appeal
2008-1
No appeal lies to the Court of Appeal from an order or decision of a judge of the Court of Appeal under this rule.
2008-1
62.21Powers of Court of Appeal
To Draw Inferences and Make Decisions
(1)The Court of Appeal may draw inferences of fact, render any decision and make any order which ought to have been made, and may make such further or other order as the case may require.
(1.1)Without limiting the generality of the foregoing, the Court of Appeal or a judge of the Court of Appeal may strike out a document, or a part of a document, at any time, with or without leave to amend, on terms that are just, on the ground that it
(a) may prejudice, embarrass or delay the fair hearing of the matter,
(b) is scandalous, frivolous or vexatious,
(c) is an abuse of the process of the court,
(d) is a contempt of court, or
(e) is not in conformity with the Rules of Court.
Further Evidence
(2)The Court of Appeal or a judge thereof may receive evidence
(a) on interlocutory applications,
(b) as to matters which have occurred after the date of the order or decision appealed from, and
(c) on special grounds, upon any question of fact.
(3)The Court of Appeal or a judge thereof may direct that evidence to be received under paragraph (2) be taken
(a) by oral examination in the Court of Appeal,
(b) by affidavit, or
(c) before an examiner or commissioner under Rule 33.
Amendments
(4)The Court of Appeal may allow any amendment.
Where Exercisable
(5)The powers of the Court of Appeal may be exercised
(a) notwithstanding that the notice of appeal or cross-appeal requests that part only of the order or decision be reversed or varied, or
(b) in favour of a party who has not appealed from the order or decision.
Interlocutory Ruling No Bar
(6)An interlocutory order or decision from which there has been no appeal shall not operate to prevent the Court of Appeal from rendering any decision or making any order.
New Trial or Hearing
(7)Subject to paragraph (8), the Court of Appeal may set aside an order, decision or judgment appealed from and may order a new trial or hearing.
(8)A new trial may be restricted to any issue, without interfering with the finding or decision upon any other issue.
(9)The Court of Appeal shall not grant a new trial on the ground
(a) of misdirection,
(b) of improper admission or rejection of evidence, or
(c) that the verdict of the jury was not taken upon a question which the judge at the trial was not asked to leave to them,
unless substantial wrong or miscarriage of justice has resulted; and, if it appears to the Court of Appeal that such wrong or miscarriage of justice affects part only of the matter in controversy or some but not all of the parties, it may direct a new trial as to the part or parties affected.
Referral Back
(10)The Court of Appeal may refer back to the court appealed from any question of fact for its decision where, in the opinion of the Court of Appeal
(a) the court appealed from is in a better position than the Court of Appeal to determine the question, or
(b) the court appealed from excluded, or did not consider, evidence which is relevant and admissible.
(11)Where, under paragraph (10), the Court of Appeal has referred back a question of fact, the court appealed from shall receive and consider
(a) all evidence which the Court of Appeal has held to be admissible and relevant to such question of fact, and
(b) all other evidence which the court appealed from considers admissible and relevant to such question of fact.
92-107; 2008-1; 2016-73
62.22Directions on Appeal
(1)A judge of the Court of Appeal may, on motion by a party to an appeal
(a) order that a Notice of Appeal or Notice of Cross-Appeal be served on a person not a party to the appeal, and make any further order which might have been made if the person had originally been a party,
(b) order that service of a Notice of Appeal or Notice of Cross-Appeal be effected by substituted service, or that service be dispensed with,
(c) give directions respecting the form and contents of the Appeal Book,
(d) give directions respecting preparation or reproduction of evidence, and
(e) vary the requirements of this rule to avoid undue expense or delay or for any other reason.
(2)A judge of the Court of Appeal may, on the request of the Registrar, direct the court appealed from to send to the Registrar any transcript, exhibit or other document for use on the appeal.
62.23Motion to Quash or Dismiss Appeal
(1)A party to an appeal may apply by notice of motion to the Court of Appeal for an order quashing the notice of appeal or dismissing the appeal on the ground that
(a) an appeal does not lie to the Court of Appeal,
(b) the appeal is frivolous, vexatious or without grounds, or
(c) the appellant has unduly delayed preparation and perfection of the appeal.
(2)On the hearing of a motion brought under paragraph (1), the Court of Appeal may deprive an applicant of costs or order him to pay costs, if he has unduly delayed making the motion.
62.24Failure to Comply with Rule
(1)Where a party to an appeal or his solicitor is at fault in failing to comply with this rule, the Court of Appeal on motion of any other party to the appeal or on the application of the Registrar, may
(a) if the party failing to comply is the appellant,
(i) dismiss the appeal with costs, including the costs of the motion, or
(ii) direct the appellant to perfect the appeal within a specified time,
(b) set the appeal down for hearing, or
(c) make such other order as may be just including an order for payment of costs forthwith.
(2)Repealed: 2006-46
2006-46
62.25Format of Appeal Book, Submissions and Books of Essential References
96-6; 2008-1
(1)The Appeal Book and each Submission shall be produced legibly on both sides of good quality white letter-size paper with margins of approximately 4 centimetres and shall be bound. The pages shall be consecutively numbered commencing with the first page of text after the index. The characters used shall be at least 12 point or 10 pitch size. The lines shall be at least one and one-half lines apart, except for quotations from authorities which shall be indented and single-spaced.
(1.1)Each Book of Essential References shall be produced legibly on both sides of good quality white letter-size paper and shall be bound. The pages shall be consecutively numbered commencing with the first page of text after the index. Where possible, the characters used shall be at least 12 point or 10 pitch size and the lines shall be at least one and one-half lines apart.
(2)The front cover of the Appeal Book, of each Submission and of each Book of Essential References shall
(a) be entitled in the Court of Appeal and in the proceeding,
(b) indicate
(i) in block letters, the status of the parties in the Court of Appeal, with the appellant appearing first in all cases, and
(ii) in brackets, in lower case, the status of the parties in the court appealed from,
(c) state whether it is an Appeal Book, an Appellant’s Submission, a Respondent’s Submission, a Further Submission, a Book of Essential References or a Joint Book of Essential References, and
(d) list
(i) the name of the solicitor of record for each party to the appeal, the firm name, if applicable, his or her address for service, his or her e-mail address, if any, his or her business telephone number and his or her fax number, if any, and
(ii) the names of any parties to the appeal not represented by a solicitor of record, their addresses for service, their e-mail addresses, if any, and their telephone numbers, including their fax numbers, if any.
(3)The covers of an Appeal Book shall be grey, those of the Appellant’s Submission buff, those of the Respondent’s Submission green, those of a Further Submission red and those of a Book of Essential References or of a Joint Book of Essential References light blue.
(4)Unless ordered otherwise by a judge of the Court of Appeal, the Registrar may refuse to receive a document which does not comply with this rule.
96-6; 99-71; 2006-46; 2008-1; 2012-57
62.26Stay of Proceedings
(1)Unless ordered otherwise, an appeal does not
(a) operate as a stay of execution or of proceedings under the decision or order appealed from, or
(b) invalidate any intermediate act or proceeding.
(2)A motion for a stay of execution or a stay of proceedings may be made before the judge appealed from, the Court of Appeal or a judge of the Court of Appeal.
(3)On a motion for a stay of execution or a stay of proceedings, the Court of Appeal or judge may
(a) if a question arose at the trial or hearing which is appropriate for submission to the Court of Appeal, grant a stay,
(b) if a stay of execution or a stay of proceedings may cause the respondent to lose the benefits of the verdict or judgment, impose terms to secure the respondent’s interests, and
(c) impose any other terms necessary to prevent prejudice to the respondent.
62.27Discontinuance of Appeal
(1)An appellant may discontinue an appeal by filing with the Registrar and serving on the parties a Notice of Discontinuance (Form 62I) signed by the appellant or his solicitor.
(2)If an appellant discontinues an appeal
(a) the respondent is entitled to his costs of appeal to the date of discontinuance, and
(b) subject to any cross-appeal, the order, decision or judgment appealed from shall stand as if a Notice of Appeal had not been issued.
(3)This subrule applies to a cross-appeal.
62.28Decision of Court of Appeal
(1)The Registrar shall send copies of written orders and decisions of the Court of Appeal, without charge, to
(a) the parties or their solicitors,
(b) the court appealed from, and
(c) other persons as authorized by the Chief Justice.
(2)Where an order or decision of the Court of Appeal is given orally and not reduced to writing, the Registrar shall notify in writing the court appealed from and the parties of the result of the appeal.
(3)When an order or decision of the Court of Appeal is given, the Registrar, on request of any party, shall settle, sign and enter a formal judgment bearing the date on which the order or decision was given and shall send a copy of the judgment to each party.
62.29Motions for Leave to Appeal to the Supreme Court of Canada
An application to the Court of Appeal under Section 38 of the Supreme Court Act, R.S.C. 1970, c.S-19, for leave to appeal to the Supreme Court of Canada from an order or decision of the Court of Appeal may be made by Notice of Motion.
62.29.1Registrar Authority to Reject a Document
2016-73
The Registrar may reject a document, or a part of a document, at any time, with or without leave to amend, on terms that are just, on the ground that it
(a) may prejudice, embarrass or delay the fair hearing of the matter,
(b) is scandalous, frivolous or vexatious,
(c) is an abuse of the process of the court,
(d) is a contempt of court, or
(e) is not in conformity with the Rules of Court.
2016-73
62.30Appeal of Registrar’s Order, Decision, Ruling, Allowance or Disallowance
2004-127
A person affected by an order, decision, ruling, allowance or disallowance of the Registrar relating to a matter in the Court of Appeal may appeal by Notice of Motion to a judge of the Court of Appeal to set it aside or vary it. The Notice of Motion shall be served within 15 days after the date of the order, decision, ruling, allowance or disallowance and 2 days before the date fixed for hearing the appeal, or within such other period of time as may be allowed by a judge of the Court of Appeal.
2004-127
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
“Pursuant to subsection 19(1) of the Divorce Act, the Court of Appeal of New Brunswick made and adopted the foregoing Rule 62 as divorce rules with respect to appeals and applications to the Court of Appeal, at a meeting held on April 30, 1982 to become effective on the coming into force of the new Rules of Court”.