Court of Appeal
8(1)The Court of Appeal shall always be open.
8(2)The Court of Appeal shall have and exercise appellate jurisdiction, with such original jurisdiction as may be necessary or incidental to the determining of an appeal; and shall have all the jurisdiction and powers possessed by the Court of Appeal immediately before September 4, 1979, with appellate jurisdiction in civil and criminal causes and matters, and with jurisdiction and power to hear and determine motions and appeals respecting any judgment, order or decision of any judge of the Courts.
8(3)Subject to subsection (3.1), an appeal to the Court of Appeal may be taken by any party from any judgment, order or decision
(a)
made in the Court of King’s Bench or by a judge thereof,
(b)
made by a judge of the Court of King’s Bench who is
persona designata by the provisions of an Act that does not expressly deal with the matter of an appeal from that judgment, order or decision, or
(c)
that is stated in any other Act as being subject to an appeal to the Court of Appeal
or from any other judgment, order or decision that might heretofore have been appealed to the Court of Appeal, and unless inconsistent with the express provisions of another Act or the Rules of Court, every appeal to the Court of Appeal shall as nearly as possible follow the procedural rules for an appeal from the Court of King’s Bench to the Court of Appeal, and the Court of Appeal in every appeal shall have the powers, including the power to extend the time for appeal, that it has in the case of an appeal from the Court of King’s Bench.
8(3.1)Where a party seeks to appeal from
(a)
an interlocutory order or decision,
(b)
an order or decision as to costs only,
(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.
8(4)The Court of Appeal shall sit in the City of Fredericton, and may sit in other locations, at such places and times as the Court requires, all as determined by the Chief Justice subject to the Rules of Court.
8(5)Every appeal, motion or application to the Court of Appeal shall, unless otherwise provided in this Act or the Rules of Court, be heard before not fewer than three judges sitting together, but the death, withdrawal, resignation, removal or inability to act of a judge after the commencement of a hearing shall not affect the jurisdiction of the Court if the appeal, motion or application is finally disposed of by not fewer than two judges, in which case their determination shall have the same force and effect as if made by the whole Court.
8(6)It is not necessary for all the judges who have heard the argument in any case to be present in order to constitute the Court for delivering judgment in that case; and where any judge who has heard the argument is not present at the time when judgment is delivered, his judgment may be announced or read by one of the other judges, and shall have the same effect as if he were present.
8(6.1)Notwithstanding subsection (5), where the argument in any case has been heard before a judge and the judge is appointed to any other court or for any other reason ceases to hold office, he may at any time within six months of ceasing to hold office deliver judgment or make an order in the case, and, in a criminal proceeding, exercise any power of a judge of the Court of Appeal in such proceeding.
8(6.2)A judgment or order of the Court of Appeal and any order or decision of a judge of the Court in chambers may be delivered by filing it with the Registrar.
8(7)No judge shall sit on the hearing of an appeal from any judgment or order made by him, or on the hearing of a motion for a new trial on any cause or matter tried before him, with or without a jury.
8(8)Where any judge of the Court of Appeal is unable to sit or take part in consequence of the provisions of subsection (7), or from illness or any other reason, or in case of a vacancy in the Court, the Chief Justice, following consultation with the Chief Justice of the Court of King’s Bench, may summon any judge of the Court of King’s Bench to sit and act in the place of such other judge, or in the place of any judge whose office has become vacant, and it is the duty of any judge so summoned to attend and, while so sitting and acting, that judge has all the jurisdiction, power and authority of a judge of the Court of Appeal.
8(9)All writs, precepts, rules, affidavits, notices and other papers and documents issued out of, or used in the Court of Appeal may be entitled, “In The Court of Appeal of New Brunswick”.
R.S., c.120, s.8; 1958, c.43, s.3; 1966, c.70, s.5; 1973, c.53, s.3; 1976, c.35, s.1; 1978, c.32, s.8; 1979, c.36, s.1, 7; 1980, c.28, s.1; 1981, c.36, s.6, 8; 1983, c.43, s.2; 2023, c.17, s.129