(2) Where the court appealed from is a court of appeal, and the assignment or conveyance, document, instrument, property or thing referred to in subsection (1) has been deposited in the custody of the proper officer of the court in which the cause originated, the consent of the party desiring to appeal to the Supreme Court, that it shall so remain to abide the judgment of the Court, is binding on that party and shall be deemed a compliance with the requirements in that behalf of this section. In Tomec, the insurer, Economical, doubles down on the absurdity.. 38 Subject to sections 39 and 42, an appeal to the Supreme Court lies on a question of law alone with leave of that Court, from a final judgment of the Federal Court or of a court of a province other than the highest court of final resort therein, the judges of which are appointed by the Governor General, pronounced in a judicial proceeding where an appeal lies to the Federal Court of Appeal or to that highest court of final resort, if the consent in writing of the parties or their solicitors, verified by affidavit, is filed with the Registrar of the Supreme Court and with the registrar, clerk or prothonotary of the court from which the appeal is to be taken. For example, Pettkus v. Becker, 1978 CanLII 50 (ON CA) was the Ontario Court of Appeal decision before … Where court appealed from is a court of appeal. 11 The oath referred to in section 10 shall be administered to the Chief Justice before the Governor General in Council, and to the puisne judges by the Chief Justice or, in the case of absence or illness of the Chief Justice, by any other judge present at Ottawa. So help me God. 15 Subject to the direction of the Chief Justice, the Registrar shall superintend the officers, clerks and employees appointed to the Court. 77 In the event of the death of a sole plaintiff or defendant before the judgment of the court in which an action or appeal is pending is delivered, and if the judgment is against the deceased party, the legal representatives of the deceased party, on entering a suggestion of the death, are entitled to proceed with and prosecute an appeal in the Supreme Court in the same manner as if they were the original parties to the suit. While some of thei… 27 (1) A judge who has heard a case for which judgment is delivered pursuant to paragraph 26(1)(a) and who is absent from the delivery of judgment may sign a copy of the opinion with which the judge concurs or, where the judge has written an opinion, give the opinion to a judge present at the delivery of judgment, which concurrence or opinion shall be announced or read in open court and then left with the Registrar or reporter of the Court. 60 (1) An appeal shall be brought, within the time prescribed by section 58 or allowed under section 59, by, (a) serving a notice of appeal on all parties directly affected; and. Stay of execution — application for leave to appeal. 46.1 The Court may, in its discretion, remand any appeal or any part of an appeal to the court appealed from or the court of original jurisdiction and order any further proceedings that would be just in the circumstances. (d) where the judgment appealed from directs the payment of money, either as a debt or for damages or costs, the execution of the judgment shall not be stayed until the appellant has given security to the satisfaction of the court appealed from, or of a judge thereof, that, if the judgment or any part thereof is affirmed, the appellant will pay the amount thereby directed to be paid, or the part thereof with respect to which the judgment is affirmed, if it is affirmed only with respect to part, and all damages awarded against the appellant on the appeal. (3) The Court, the court appealed from or a judge of either of those courts may modify, vary or vacate a stay order made under this section. 52 The Court shall have and exercise exclusive ultimate appellate civil and criminal jurisdiction within and for Canada, and the judgment of the Court is, in all cases, final and conclusive. In the event that there is a question about the content of a judgment, the original in the court file takes precedence. He was admitted to the PEI bar in 1970. 40 (1) Subject to subsection (3), an appeal lies to the Supreme Court from any final or other judgment of the Federal Court of Appeal or of the highest court of final resort in a province, or a judge thereof, in which judgment can be had in the particular case sought to be appealed to the Supreme Court, whether or not leave to appeal to the Supreme Court has been refused by any other court, where, with respect to the particular case sought to be appealed, the Supreme Court is of the opinion that any question involved therein is, by reason of its public importance or the importance of any issue of law or any issue of mixed law and fact involved in that question, one that ought to be decided by the Supreme Court or is, for any other reason, of such a nature or significance as to warrant decision by it, and leave to appeal from that judgment is accordingly granted by the Supreme Court. (c) order an oral hearing to determine the application, in any other case. The Supreme Court of Canada's opinion stated that the right of a people to self-determination was expected to be exercised within the framework of existing states, by negotiation, for example. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. 92 (1) All examinations taken outside Canada pursuant to this Act shall be proved by affidavit of the due taking of the examinations, sworn before a commissioner or other person authorized under this Act or any other Act to take the affidavit, at the place where the examination has been taken, and shall be returned to the Court. 26 (1) A judgment of the Supreme Court may be delivered. (2) Where the security deposited is other than money, it shall be to the satisfaction of the court proposed to be appealed from or a judge thereof or to the satisfaction of the Supreme Court or a judge thereof. 81 (1) The Governor in Council may, by commission, empower such persons as the Governor in Council thinks necessary, within or outside Canada, to administer oaths and take and receive affidavits, declarations and solemn affirmations in or concerning any proceeding had or to be had in the Court. (2) In any cause or matter in which a judge is unable to sit or take part in consequence of this section, any four of the other judges constitute a quorum and may lawfully hold the Court. (b) heard in the order that the Registrar considers appropriate and disposed of. 69 (1) An appellant may discontinue the proceedings by giving to the Registrar and the respondent a notice entitled in the Court and in the cause, and signed by the appellant or the appellant’s attorney or solicitor, stating that the appellant discontinues the proceedings. (2) No attachment as for contempt shall issue in the Court for the non-payment of money only. Canada Labour Relations Board, [1986] 2 F.C. 85 (1) If a party to any proceeding had or to be had in the Court is desirous of having therein the evidence of any person, whether a party or not or whether resident within or outside Canada, the Court or a judge, if in the opinion of the Court or judge it is, owing to the absence, age or infirmity or the distance of the residence of that … (4) Where a reference is made to the Court under subsection (1) or (2), it is the duty of the Court to hear and consider it and to answer each question so referred, and the Court shall certify to the Governor in Council, for his information, its opinion on each question, with the reasons for each answer, and the opinion shall be pronounced in like manner as in the case of a judgment on an appeal to the Court, and any judges who differ from the opinion of the majority shall in like manner certify their opinions and their reasons. Regulations made under this Act. (3) Unless a judge of the court appealed from otherwise orders, no poundage shall be allowed against the appellant, on any judgment appealed from, on which any execution is issued before the judge’s fiat to stay the execution is obtained. Admission Days; Important Information for Admission Applicants; Court of Appeal. (2) The remuneration, if any, to be paid to the assessors referred to in subsection (1) shall be determined by the Court. (2) The Registrar and Deputy Registrar shall devote their full time to their respective positions and shall not receive any pay, fee or allowances in any form in excess of the amount provided under subsection (1). (2) The Court or a judge may, by the order described in subsection (1) or any subsequent order, give all such directions concerning the time, place and manner of the examination, the attendance of the witnesses and the production of papers at the examination, and all matters connected therewith, as appears reasonable. (3) Any question concerning any of the matters mentioned in subsections (1) and (2), and referred to the Court by the Governor in Council, shall be conclusively deemed to be an important question. 25 Any five of the judges of the Court shall constitute a quorum and may lawfully hold the Court. 100 All fees payable to the Registrar under this Act shall be paid into the Consolidated Revenue Fund and the Registrar shall regulate the collection of those fees. (6) In any case in which judgment is not delivered while an ad hoc judge is attending the sittings of the Court or a conference of the judges, the opinion of that judge shall be delivered as provided by section 27. 85 (1) If a party to any proceeding had or to be had in the Court is desirous of having therein the evidence of any person, whether a party or not or whether resident within or outside Canada, the Court or a judge, if in the opinion of the Court or judge it is, owing to the absence, age or infirmity or the distance of the residence of that person from the place of trial, the expense of taking the evidence otherwise, or for any other reason, convenient to do so, may, on the application of that party, order the examination of that person on oath, by interrogatories or otherwise, before the Registrar, any commissioner for taking affidavits in the Court or any other person or persons to be named in the order, or may order the issue of a commission under the seal of the Court for the examination. 245 (SCC);8 NR 91;1976 CanLII … 12 (1) The Governor in Council may by instruments under the Great Seal appoint fit and proper persons, being barristers or advocates of at least five years standing, to be Registrar of the Supreme Court and Deputy Registrar of the Supreme Court respectively. (4) The notice of appeal with evidence of service thereof shall be filed with the Registrar and a copy of the notice shall be filed with the clerk or other proper officer of the court appealed from within twenty-one days from the time prescribed by section 58 or allowed under section 59. Shaded provisions are not in force. (4) It is the duty of the judge whose attendance has been so requested or who has been so designated, in priority to other duties of the office of that judge, to attend the sittings of the Court at the time and for the period for which his attendance is required, and while so attending that judge possesses the powers and privileges and shall discharge the duties of a puisne judge of the Court. 87 The Court or a judge may, if it is considered for the ends of justice expedient to do so, order the further examination, before either the Court or a judge, or other person, of any witness, and if the party on whose behalf the evidence is tendered neglects or refuses to obtain such further examination, the Court or judge, in its or his discretion, may decline to act on the evidence. 96 (1) An order in the Court for payment of money, whether for costs or otherwise, may be enforced by such writs of execution as the Court prescribes. 46 On any appeal, the Court may, in its discretion, order a new trial if the ends of justice seem to require it, although a new trial is deemed necessary on the ground that the verdict is against the weight of evidence. (3) No appeal to the Court lies under this section from the judgment of any court acquitting or convicting or setting aside or affirming a conviction or acquittal of an indictable offence or, except in respect of a question of law or jurisdiction, of an offence other than an indictable offence. 37 Subject to sections 39 and 42, an appeal to the Supreme Court lies with leave of the highest court of final resort in a province from a final judgment of that court where, in the opinion of that court, the question involved in the appeal is one that ought to be submitted to the Supreme Court for decision. 64 The provisions of this Act requiring the deposit of security for costs do not apply to appeals by or on behalf of the Crown or in election cases, in cases in the Federal Court of Appeal or the Federal Court, in criminal cases or in proceedings for or on a writ of habeas corpus. 16 The Registrar shall, under the supervision of the Chief Justice, manage and control the library of the Court and the purchase of all books therefor. CanLII’s commentary collection now includes the Supreme Court Law Review and the Osgoode Hall Review of Law and Policy. What happens when the Court of Appeal labels the decisions below Kafkaesque? 48 (1) At any time during the pendency of an appeal before the Court, the Court may, on the application of any of the parties, or without any such application, make all such amendments as are necessary for the purpose of determining the appeal or the real question or controversy between the parties as disclosed by the pleadings, evidence or proceedings. A CanLII search can provide you with an overwhelming number of results. 94 (1) The process of the Court runs throughout Canada and shall be tested in the name of the Chief Justice or, in case of a vacancy in the office of Chief Justice, in the name of the senior puisne judge, and shall be directed to the sheriff of any county or other judicial division into which any province is divided. Courts - The Supreme Court of Canada discussed the meaning of the word "courts" as found in s. 96 of the British North America Act 1867 (see paragraphs 20 and 45). Effect of consent of parties to examination of witness. Stuart Sinclair Garson (pictured, circa 1949), was a former Premier of Manitoba (1943-1948), the very province which had successfully availed itself, in 1892 and again in 1895, of the Privy Council appeal process to shed the obligations upheld by the Supreme Court of Canada with regards to the Manitoba school … 1 The Supreme Court of Canada, and the Exchequer Court of Canada, or the Supreme Court of Canada alone, according to the provisions of the Act of the Parliament of Canada, known as "The Supreme and Exchequer Court Act," shall have jurisdiction in the following cases, - (a) Of controversies between the Dominion of Canada … He was appointed a Provincial Court Judge in 1975. & P.E.I.R. (2) This section does not apply to an appeal under section 40. 18 The Registrar has such authority to exercise the jurisdiction of a judge sitting in chambers as may be conferred on the Registrar by general rules or orders made under this Act. ACT Court of Appeal Court Procedure; Appealing a decision; … The Vavilov trilogy concerns how Canadian … 90 Where the parties in any case pending in the Court consent in writing that a witness may be examined within or outside Canada by interrogatories or otherwise, the consent and the proceedings had under it are as valid in all respects as if an order had been made and the proceedings had under the order. (2) The first session shall begin on the fourth Tuesday in January, the second on the fourth Tuesday in April and the third on the first Tuesday in October, in each year. Opinion of judge who is retired or ceases to hold office. Hearing Schedule of the Tax Court of Canada Thank you for taking the time to send us your questions and comments. Money levied and not paid over before fiat. Over 100 years of Supreme Court of Canada judgments now available on CanLII. However, earlier this year, we saw the SCC decide MacDonald v. Canada … Of the Supreme Court of Canada and the Exchequer Court of Canada. (4) The Court, the court appealed from or a judge of either of those courts may modify, vary or vacate a stay of execution imposed by subsection (1). Appeals from references by lieutenant governor in council. 91 (1) All examinations taken in Canada pursuant to this Act shall be returned to the Court. 65 (1) On filing and serving the notice of appeal and depositing security as required by section 60, execution shall be stayed in the original cause, except that. (2) The costs recovered by or on behalf of Her Majesty in any case referred to in subsection (1) shall be paid into the Consolidated Revenue Fund. 29 Any four judges constitute a quorum and may lawfully hold the Court in cases where the parties consent to be heard before a court so composed. An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession … An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference. (a) the interpretation of the Constitution Acts; (b) the constitutionality or interpretation of any federal or provincial legislation; (c) the appellate jurisdiction respecting educational matters, by the Constitution Act, 1867, or by any other Act or law vested in the Governor in Council; or. 95 Every commissioner for administering oaths in the Supreme Court, who resides within Canada, may take and receive acknowledgments and any kind of recognizance in the Court. (2) Unless two of the judges available fulfil the requirements of section 6, the ad hoc judge for the hearing of an appeal from a judgment rendered in the Province of Quebec shall be a judge of the Court of Appeal or a judge of the Superior Court of that Province designated in accordance with subsection (1). CanLII has added 1,600 Supreme Court of Canada cases, bringing the total of SCC opinions to 9,000 and taking the scope of the SCC database back to 1907. Death of sole appellant or all appellants. (a) where the judgment appealed from directs an assignment or delivery of documents or personal property, the execution of the judgment shall not be stayed until the things directed to be assigned or delivered have been brought into court, or placed in the custody of such officer or receiver as the court appoints, or until security has been given to the satisfaction of the court appealed from, or of a judge thereof, in such sum as that court or judge directs, that the appellant will obey the judgment of the Supreme Court; (b) where the judgment appealed from directs the execution of a conveyance or any other instrument, the execution of the judgment shall not be stayed until the instrument has been executed and deposited with the proper officer of the court appealed from, to abide the judgment of the Supreme Court; (c) where the judgment appealed from directs the sale or delivery of possession of real property or chattels real, the execution of the judgment shall not be stayed until security has been given to the satisfaction of the court appealed from, or a judge thereof, in such amount as that court or judge directs, that during the possession of the property by the appellant the appellant will not commit, or suffer to be committed, any waste on the property, and that if the judgment is affirmed, the appellant will pay the value of the use and occupation of the property from the time the appeal is brought until delivery of possession thereof, and also, if the judgment is for the sale of property and the payment of a deficiency arising on the sale, that the appellant will pay the deficiency; and. Section 6 of the Constitution Amendment, 1987, if adopted, would result in the following constitutional "changes" to the Supreme Court of Canada. 54 The Court, or any two of the judges, shall examine and report on any private bill or petition for a private bill presented to the Senate or House of Commons and referred to the Court under any rules or orders made by the Senate or House of Commons. Appeal with leave of Federal Court of Appeal. (2) An amendment referred to in subsection (1) may be made, whether the necessity for it is or is not occasioned by the defect, error, act, default or neglect of the party applying to amend. 56 Proceedings on an appeal shall, when not otherwise provided for by this Act, the Act providing for the appeal or the general rules and orders of the Court, be in conformity with any order made, on application by a party to the appeal, by the Chief Justice or, in the absence of the Chief Justice, by the senior puisne judge present. 86 Every person authorized to take the examination of any witness pursuant to this Act shall take the examination on the oath of the witness, or on solemn affirmation, in any case in which solemn affirmation instead of oath is allowed by law. 37.1 Subject to sections 39 and 42, an appeal to the Court lies with leave of the Federal Court of Appeal from a final judgment of the Federal Court of Appeal where, in its opinion, the question involved in the appeal is one that ought to be submitted to the Court for decision. Judgment to be carried out by court below. As the press release (soon to be available on the CanLII blog) says: He was appointed to the 49 Every amendment shall be made on such terms as to payment of costs, postponing the hearing or otherwise as to the Court seem just. The Supreme Court of Canada is the highest court of Canada, the final court of appeals in the Canadian justice system. 32 (1) The Court, for the purpose of hearing and determining appeals, shall hold, in each year, in the city of Ottawa, three sessions. The Supreme Court of Canada (SCC) has made all decisions published in the Supreme Court Reports dating back to 1876 available on the SCC Judgments website. The Court's actual existence was, in the view of some critics, still dependent on the Supreme Court Act, which is simply an Act of Parliament. (3) A duplicate of the requisition of the Chief Justice or senior puisne judge and, where a judge of a provincial court is designated to act, the letter designating that judge shall be filed with the Registrar and is conclusive evidence of the authority of the judge named therein to act under this section. 17 The Registrar or the Deputy Registrar, as the Chief Justice directs, shall report and publish the judgments of the Court. Please visit the official SCC Judgments website to access the judgments. On April 4, 2018, Cheema applied to the Supreme Court of Canada for leave to appeal the decision of the Federal Court of Appeal. Crown entitled to costs notwithstanding solicitor or counsel salaried officer. (2) A judge who has resigned the office of judge, or who has ceased to hold office under section 9, shall, within six months thereafter, for the purposes of this section, be deemed to be absent at the delivery of judgment in any case heard by that judge in which judgment has not been delivered during his tenure of office. appeal includes any proceeding to set aside or vary any judgment of the court appealed from; (appel), Court means the Supreme Court of Canada continued by section 3; (Cour suprême ou Cour), court appealed from means the court from which the appeal is brought directly to the Supreme Court, whether that court is one of original jurisdiction or a court of appeal; (juridiction inférieure), final judgment means any judgment, rule, order or decision that determines in whole or in part any substantive right of any of the parties in controversy in any judicial proceeding; (jugement définitif), judge means a judge of the Court and includes the Chief Justice; (juge), judgment, when used with reference to the court appealed from, includes any judgment, rule, order, decision, decree, decretal order or sentence thereof, and when used with reference to the Supreme Court, includes any judgment or order of that Court; (jugement), judicial proceeding includes any action, suit, cause, matter or other proceeding in disposing of which the court appealed from has not exercised merely a regulative, administrative or executive jurisdiction; (procédure judiciaire), Registrar means the Registrar of the Court; (registraire), Supreme Court has the meaning given in this section to “Court”; (Cour suprême ou Cour), witness means any person, whether a party or not, to be examined under this Act. The Canadian Legal Information Institute (CanLII) is very pleased to announce that through a joint initiative of the Supreme Court of Canada and Lexum Inc., Canadians and legal researchers across the globe can now access on CanLII a nearly complete collection of over 9,000 decisions of the Supreme Court of Canada … 57 The appellant may appeal from the whole or any part of any judgment or order and, if the appellant intends to limit the appeal, the notice of appeal shall so specify. (b) depositing with the Registrar security to the value of five hundred dollars that the appellant will effectually prosecute the appeal and pay such costs and damages as may be awarded against the appellant by the Court. (2) If the suggestion referred to in subsection (1) is not made, the respondent may proceed to an affirmance of the judgment, according to the practice of the Court, or take such other proceedings as the respondent is entitled to take. 88 Such notice of the time and place of examination as is prescribed in the order made under section 87 shall be given to the adverse party. An Act respecting the Supreme Court of Canada. The CanLII website is not an exhaustive source of judgments of the Ontario Court of Justice. 6.1 For greater certainty, for the purpose of section 6, a judge is from among the advocates of the Province of Quebec if, at any time, they were an advocate of at least 10 years standing at the bar of that Province. 78 In the event of the death of a sole plaintiff or sole defendant before the judgment of the court in which an action or appeal is pending is delivered, and if the judgment is in favour of the deceased party, the other party, on entering a suggestion of the death, is entitled to proceed with and prosecute an appeal in the Supreme Court against the legal representatives of the deceased party, but the time limited for appealing shall not run until the legal representatives are appointed. (3) Any three judges of the Court constitute a quorum for the consideration and determination of an application for leave to appeal, whether or not an oral hearing is ordered. (1.2) On the request of the applicant, an oral hearing shall be ordered to determine an application for leave to appeal to the Court from a judgment of a court of appeal setting aside an acquittal of an indictable offence and ordering a new trial if there is no right of appeal on a question of law on which a judge of the court of appeal dissents. 8 The judges shall reside in the National Capital Region described in the schedule to the National Capital Act or within forty kilometres thereof. Notes : See coming into force provision and notes, where applicable. (2) On the notice referred to in subsection (1) being given, the respondent is at once entitled to the costs of and occasioned by the proceedings in appeal, and may, in the court of original jurisdiction, either sign judgment for those costs or obtain an order from that court or a judge thereof for their payment, and may take all further proceedings in that court as if no appeal had been brought. The Supreme Court of Canada’s decision in Baker v. Canada is the most important decision in Canadian administrative law in twenty years. If the judgment in your case was rendered by only one judge of the Court of Appeal, you should contact the Court of Appeal to ask whether anything remains to be done there before you … No proof required of signature or seal of commissioner, 83 Every document purporting to have affixed, imprinted or subscribed thereon or thereto the signature of. 30 (1) Where at any time there is not a quorum of the judges available to hold or continue any session of the Court, owing to a vacancy or vacancies, or to the absence through illness or on leave or in the discharge of other duties assigned by statute or order in council, or to the disqualification of a judge or judges, the Chief Justice of Canada, or in the absence of the Chief Justice, the senior puisne judge, may in writing request the attendance at the sittings of the Court, as an ad hoc judge, for such period as may be necessary, (a) of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada; or. 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