Court of Appeal Rules

Court of Appeal Rules, M.R. 555/88 R The Court of Appeal Act , C.C.S.M. c. C240 Regulation 555/88 R Registered December 14, 1988 bilingual version (HTML) Table of Contents Section PART I CIVIL RULES 1 Definitions 2 Initiating document signed by appellant 3 Notice of appeal 3.1 Leave to appeal 4 Content of notice of appeal 5 Motion for new trial presumed 6 Jury verdict 7 Title of proceedings 8 Order in title of proceedings 9 Amending notice of appeal 10 Service of notice of appeal 11 Time for service 12 Appeal without notice 13 Appeal re third party claim 14 Notice of cross appeal 15 Appeal re divorce 16 Transcript of evidence 17 Limiting evidence 18 Judge's notes as evidence 19 Absence of evidence 20 Repealed 21 Further evidence 22 Filing of appeal book 23 Content of appeal book 24 Excluding material from appeal book 25 Service of appeal book 26 Filing and serving appellant's factum 27 Filing and serving respondent's factum 28 Appeal where no transcript required 28.1 Extension of time 29 Content of factum 30 Arguments at hearing 31 Case book 32 Repealed 32.1 Settlement conferences 33 Hearing date 34 Non-receipt of transcript 35 Deemed abandonment 35.1 Appeal from deemed abandonment decision 36 Repealed 36.1 Deemed abandonment if appeal not set down 37 Discontinuing appeal 37.1 Directions 37.2 Court direction for remote hearing 37.2.1 Request for remote participation in hearing 37.2.2 No recording without permission 37.3 Disposition without oral hearing 38 Reversal by consent 39 Dismissal for delay 39.1 Limitation re filing post-hearing materials 40 Certificate of decision 41 Interest on judgment 42 Extension or abridgement of time 43 Powers of registrar 43.1 Requirements re motions 43.2 Affidavit 43.3 Record of court appealed from 44 Chambers motion 45 Chambers order 46 Appeal from chambers order 46.1 Intervention 46.2 Rehearing 47 Costs 48 Appeal to Supreme Court of Canada 49 Disposition of materials after appeal 50-62 Repealed PART II Repealed 63-108 Repealed PART III LANGUAGE RULES 109-125 Language rules PART IV COMING INTO FORCE 126 Coming into force Schedule A Forms A.1 Tariff of party/party costs B Repealed C Forms PART I CIVIL RULES* The rules in Part I are made under subsection 33(1) of the Act, and may be cited as the Court of Appeal Rules (Civil) . Definitions 1 In these rules, "Act" means The Court of Appeal Act ; («  Loi  ») "court" means The Court of Appeal; (« tribunal ») "court appealed from" means the court or tribunal from which an appeal lies to The Court of Appeal; (« tribunal de première instance ») "judge" means a judge of The Court of Appeal; (« juge ») "judgment appealed from" means the judgment of the court or tribunal from which an appeal lies to The Court of Appeal and includes an order, decision, verdict, direction, determination or award; (« jugement faisant l'objet d'un appel ») "registrar" means the registrar or deputy registrar of The Court of Appeal. (« registraire ») M.R. 177/93; 177/2006 Initiating document signed by appellant 2 A document that initiates an appeal shall be signed by the appellant or the appellant's counsel or agent and shall be directed to the registrar and all parties directly affected by the appeal. M.R. 177/93; 177/2006 Notice of appeal 3 An appeal, or a motion for a new trial or to set aside a judgment, shall be commenced by a notice of appeal. M.R. 177/93 Leave to appeal 3.1(1) Where an appeal is authorized by law but only with leave of the court, a motion for leave to appeal shall be commenced by a notice of motion. 3.1(2) Rules 9 and 10 apply with necessary changes to a notice of motion for leave to appeal. M.R. 177/2006 Content of notice of appeal 4 A notice of appeal shall be in Form 1 of Schedule A and shall set out the following information: (a) the name of the court appealed from; (b) the name of the judge or other authority, as may be appropriate, of the court appealed from; (c) the place where the trial or other proceeding in the court appealed from was held; (d) the date on which the judgment appealed from was pronounced; (e) the date on which the judgment appealed from was filed; (f) the grounds to be argued; (g) the relief or disposition sought; (h) whether or not oral evidence was adduced in the trial or other proceeding; (i) whether a court order or legislation imposes a publication ban in relation to the trial or other proceeding that is the subject of the appeal and, if so, particulars of the publication ban; (j) whether access to the court file is to be restricted by court order or legislation and, if so, particulars of the restriction. M.R. 177/93; 94/2003 ; 80/2018 Motion for new trial presumed 5 Where the judgment appealed from is a final judgment, the appeal shall be deemed to include a motion for a new trial, unless otherwise stated in the notice of appeal. M.R. 177/93 Jury verdict 6 A single appeal may be brought to the court against both the verdict of a jury and the judgment resulting from a jury trial. M.R. 177/93 Title of proceedings 7 Subject to subrule 8(1), all proceedings in the court shall be entitled as follows, or as otherwise may be appropriate: IN THE COURT OF APPEAL BETWEEN: A, (Plaintiff) Appellant - and - B, (Defendant) Respondent M.R. 177/93 Order in title of proceedings 8(1) In the title of proceedings, the plaintiff, petitioner or applicant shall be named first whether as appellant or respondent. 8(2) Except in the title of proceedings, all parties to the proceeding shall be referred to in the manner in which they were described in the court appealed from whether as plaintiff and defendant, or as otherwise may be appropriate. M.R. 177/93 Amending notice of appeal 9 A notice of appeal may be amended by leave of the court, a judge or the registrar on such terms as may be considered just. M.R. 177/93; 94/2003 Service of notice of appeal 10(1) A notice of appeal shall be filed with the registrar and served on each other party directly affected by the appeal, but the court or a judge may direct that the notice of appeal be served on all or any parties to the action or other proceeding or on any person not a party and, in the meantime, may postpone or adjourn the hearing of the appeal on such terms as may be considered just, and the court may give such judgment and make such order as might have been given or made if the persons served with the notice had originally been parties. 10(2) Subrule (1) and subrules 11(1) and (2.1) apply to the filing and service of an amended notice of appeal, with necessary changes. M.R. 177/93; 94/2003 ; 177/2006 Time for service 11(1) Subject to subrules (2) and (2.1), a notice of appeal shall be filed and served within the following time limits: (a) in a case where the judgment appealed from is required to be filed, within 30 days after that filing; (b) [repealed] M.R. 94/2003 ; (c) in any other case, within 30 days after the pronouncement of the judgment appealed from. 11(2) An appeal arising under any Act shall be commenced within the time prescribed by that Act. 11(2.1) Where leave to appeal has been granted, the notice of appeal shall be filed and served in accordance with subrule 10(1) within 30 days of the pronouncement of the order granting leave to appeal, or within such other time as the court may direct. 11(3) A party who wishes to file a notice of appeal shall, where practicable, file the judgment appealed from in the court appealed from before filing the notice of appeal. 11(4) Where the judgment appealed from is not filed in the court appealed from, the party may file a notice of appeal accompanied by a letter by or on behalf of the appellant indicating the reason why the judgment has not been filed. M.R. 177/93; 94/2003 ; 177/2006 ; 200/2009 Appeal without notice 12 Where a motion without notice is made in the Court of King's Bench and the moving party is dissatisfied with the decision, an appeal without notice may be brought to the court. M.R. 177/93 Appeal re third party claim 13 Where a defendant in the Court of King's Bench has filed a third party claim, and both the plaintiff's claim and the defendant's third party claim have been (a) dismissed and the plaintiff appeals, the defendant shall, if the defendant wishes to appeal the dismissal of the third party claim, file a notice of appeal within 15 days after being served with the plaintiff's notice of appeal; or (b) allowed and the third party appeals, the defendant shall, if the defendant wishes to appeal the judgment for the plaintiff, file a notice of appeal within 15 days after being served with the third party's notice of appeal. M.R. 177/93 Notice of cross appeal 14(1) A respondent may, within 15 days after being served with the appellant's notice of appeal, file and serve a notice of cross appeal which may include a cross appeal with respect to a counterclaim. 14(2) Where subrule (1) applies, the rules relating to notice of appeal apply, with such modifications as the circumstances require, and the notice of cross appeal shall specify the date on which the notice of appeal was served on the respondent. 14(3) The title of proceedings for the notice of cross appeal shall be the same as for the notice of appeal. 14(4) The inclusion of a cross appeal does not carry additional taxable costs, unless the court otherwise orders. M.R. 177/93; 94/2003 Appeal re divorce 15 Where a notice of appeal from a judgment granting a divorce has been filed, or an order extending the time for such an appeal has been made, the registrar shall, without delay, give notice of the appeal or order to the Court of King's Bench in the administrative centre where the proceeding was commenced. M.R. 87/90; 177/93 Transcript of evidence 16(1) Subject to rule 17, where oral evidence was tendered in the court appealed from, the appellant shall file with the notice of appeal confirmation satisfactory to the registrar that a transcript of evidence has been ordered for the court, unless a judge otherwise orders. 16(1.1) Where an electronic transcript of evidence has been ordered, one paper copy of the transcript must also be ordered for the court, unless a judge otherwise orders. 16(1.2) Where a paper transcript of evidence has been ordered, three copies must be ordered for the court, unless a judge otherwise orders. 16(1.3) A judge may direct that additional copies of a transcript be ordered for the court. 16(2) A judge may order additional copies of the transcript at any time. 16(3) Where the judgment appealed from resulted from a jury trial, the transcript shall include the charge or directions to the jury and the addresses of counsel. 16(4) The registrar may, in exceptional circumstances, permit the notice of appeal to be filed without requiring confirmation that the transcript has been ordered. 16(5) A party may apply to a judge for an order dispensing with the certificate required by subrule (1) provided that the transcript is available. M.R. 177/93; 94/2003 Limiting evidence 17(1) The parties shall attempt to reduce the length of the transcript by restricting the evidence to be transcribed to that which is relevant to the appeal. 17(2) A party may apply to a judge for an order restricting the evidence to be transcribed to that which is relevant to the appeal. M.R. 177/93; 94/2003 Judge's notes as evidence 18 Where a transcript of evidence is not available, the appellant shall, within 30 days after learning of the unavailability, obtain and deliver to the registrar three copies of the judge's notes, certified by that judge, and the appellant shall, without delay, give notice to each other party of having obtained and delivered the certified copies. M.R. 177/93; 94/2003 Absence of evidence 19 Where a transcript of evidence is not available, the court may hear the appeal on consideration of such material as may be available, or may order a new trial. M.R. 177/93 20 [Repealed] M.R. 177/93; 94/2003 Further evidence 21(1) A party seeking to introduce further evidence under subsection 26(3) of the Act must file a motion seeking an order permitting the introduction of that evidence. The motion is to be heard on the day scheduled for the hearing of the appeal. 21(2) The motion must be accompanied by (a) an affidavit that sets out (i) the general nature of the further evidence sought to be introduced, (ii) the way in which the further evidence is likely to be determinative of the appeal, and (iii) why the further evidence was not introduced at the proceeding from which the appeal lies; and (b) a second affidavit, which must be filed in a sealed envelope, with the further evidence sought to be introduced attached or identified in specific terms. 21(3) The motion and the supporting affidavits must be filed and served on all other parties to the appeal on or before the deadline for filing the moving party's factum on the appeal. 21(4) A party seeking to file an affidavit in response to the motion to introduce further evidence must file and serve their affidavit on or before the deadline for filing their factum, except as provided under subrule (5). This affidavit must be filed in a sealed envelope. 21(5) If the party seeking to file a responding affidavit is the appellant, their affidavit must be filed within 30 days after being served with the motion to introduce further evidence. 21(6) The original and three copies of a motion to introduce further evidence and any supporting or responding affidavits must be filed by a party. 21(7) A party may examine or cross-examine the deponent of an affidavit filed in relation to the motion to introduce further evidence. 21(8) Unless a judge orders an alternative process, the examination or cross-examination of a deponent must take place before an examiner agreed upon by the parties in advance of the hearing date for the appeal. 21(9) The party examining or cross-examining a deponent must file the original and three copies of the transcript of the evidence in a sealed envelope. 21(10) Each party must set out their arguments on the motion to introduce further evidence in their factum. 21(11) If the respondent is seeking to introduce further evidence, the appellant may file a supplementary factum that sets out their position on the introduction of further evidence. The supplementary factum must be filed within 30 days after service of the respondent's factum and must not exceed five pages. 21(12) The following documents are confidential and must be kept separate from the court file in a place to which the public has no access until the court makes a decision on the introduction of further evidence: (a) the affidavit referred to in clause (2)⁠(b); (b) any responding affidavit filed under this rule; (c) the transcript of an examination or cross-examination of the deponent of an affidavit filed under this rule; (d) any factum or supplementary factum that refers to the evidence sought to be introduced. All other documents in the court file are not confidential and are accessible to the public. 21(13) Despite subrule (12), any person may request a copy of a factum filed before the court makes a decision on the introduction of further evidence. If this occurs, the registrar must provide a redacted copy of the factum with any information removed that directly or indirectly refers to further evidence not yet ruled on by the court. 21(14) If the court determines that all the further evidence may be introduced on the appeal, all documents set out in subrule (12) are no longer confidential and are to be placed on the court file and may be accessed by the public. 21(15) If the court determines that only some of the further evidence may be introduced on the appeal, subrule (14) applies, subject to the redaction of any information that directly or indirectly refers to evidence that was not permitted to be introduced. 21(16) If the court determines that no further evidence may be admitted, (a) all documents referred to in clauses (12)⁠(a) to (c) are to be returned to the party who filed the document after the expiry of any appeal period; and (b) any information in a factum that directly or indirectly refers to the evidence ruled inadmissible must be redacted from the factum as directed by the registrar. Once redacted, the factum is no longer confidential and is to be placed on the court file and may be accessed by the public. 21(17) If a dispute arises respecting the content of any redacted document under this rule, the registrar is to refer the dispute to a judge to decide. 21(18) A judge may review any affidavit, transcript of evidence or other document filed in relation to the motion to introduce further evidence before the hearing of the appeal. 21(19) The timelines in this rule may be extended or abridged by the registrar with the consent of all parties or by a motion made before a judge or the court. M.R. 177/93; 94/2003 ; 141/2022 Filing of appeal book 22(1) Subject to rule 28, the appellant shall file with the registrar three copies of an appeal book within 45 days after the filing of the transcript of evidence, unless the registrar directs that additional copies be provided. 22(2) If the appellant does not file an appeal book within the time period set out in subrule (1), the time period may be extended in accordance with rule 28.1. M.R. 177/93; 94/2003 ; 200/2009 Content of appeal book 23(1) An appeal book shall contain, in consecutively numbered pages arranged in the following order, a copy of: (a) an index setting out and describing individually all documents and exhibits constituting the appeal book and including all exhibits to affidavits; (b) all pleadings, affidavits and orders filed in the court appealed from and constituting the record in the proceeding under appeal; (c) a list in numerical order of all exhibits filed in the proceeding under appeal; (d) all exhibits included by the appellant under subrule (2); (e) the judgment appealed from; (f) the notice of appeal; (g) any notice of cross appeal given under rule 14; and (h) the reasons for judgment of the judge or other authority of the court appealed from, whether or not those reasons for judgment are included in the transcript of evidence. 23(2) An appellant may include in the appeal book any exhibits or parts of exhibits, arranged in numerical order, which in the appellant's opinion are relevant to the appeal. 23(3) Where the parties disagree on the content of the appeal book, a respondent may deposit with the registrar three copies of a respondent's appeal book containing any exhibits or parts of exhibits which in the respondent's opinion are relevant to the appeal but which have not been included in the appellant's appeal book, unless the registrar directs that additional copies be provided. M.R. 177/93; 94/2003 Excluding material from appeal book 24(1) The parties shall attempt to reduce the bulk of the appeal book by excluding from it material that is not relevant to the appeal. 24(2) The parties may agree to exclude part or all of any material from the appeal book. 24(3) Where the parties disagree on the content of the appeal book, a judge may give directions regarding the contents of and exclusion of material from the appeal book in order to prevent undue expense or delay. M.R. 177/93 Service of appeal book 25 Subject to rule 28, the appellant shall serve a copy of the appeal book on each other party to the appeal within five days after the filing of the appeal book. M.R. 177/93; 200/2009 Filing and serving appellant's factum 26(1) Subject to rule 28, the appellant shall file with the registrar three copies of a factum within 45 days after depositing the transcript or the judge's notes of evidence. 26(2) The registrar may direct that additional copies of the factum be filed. 26(2.1) If the appellant does not file a factum within the time period set out in subrule (1), the time period may be extended in accordance with rule 28.1. 26(3) The appellant shall serve a copy of the factum on each other party to the appeal within five days after filing the factum. M.R. 177/93; 94/2003 ; 200/2009 Filing and serving respondent's factum 27(1) Subject to rule 28, the respondent shall file with the registrar three copies of a factum within 30 days after service of the appellant's factum. 27(2) The registrar may direct that additional copies of the factum be filed. 27(2.1) If the respondent does not file a factum within the time period set out in subrule (1), the time period may be extended in accordance with rule 28.1. 27(3) The respondent shall serve a copy of the factum on each other party to the appeal within five days after filing the factum. M.R. 177/93; 94/2003 ; 200/2009 Appeal where no transcript required 28(1) Where an appeal is commenced and no transcript of evidence is required (a) the appeal book and the appellant's factum shall be filed and served within 45 days after the filing of the notice of appeal; and (b) the respondent's factum shall be filed and served within 30 days after the service of the appellant's factum. 28(2) If (a) the appellant does not file an appeal book or a factum within the time period set out in clause (1)⁠(a); or (b) the respondent does not file a factum within the time period set out in clause (1)⁠(b); the time period may be extended in accordance with rule 28.1. M.R. 177/93; 94/2003 ; 200/2009 Extension of time 28.1 The time period within which to file an appeal book, appellant's factum or respondent's factum, as the case may be, may be extended (a) by the registrar, but only if a written request to do so is made (i) before the expiry of the applicable time period, and (ii) with the consent of all other parties; or (b) by a judge in chambers, on motion, in which case rule 43.1 applies. M.R. 200/2009 Content of factum 29(1) A factum shall consist of the following four parts: Part 1 – Introduction setting out a concise overview or explanation as to what is involved in the appeal. Part 2 – Statement setting out a concise summary of the facts material to the issues in the appeal. Part 3 – List of Issues (a) An appellant's factum shall include a concise statement identifying the issues in the appeal and the appellant's position on each issue. The appellant shall also state the basis for the court's jurisdiction to determine the appeal and the applicable standard of review on each issue. (b) A respondent's factum shall include a concise statement indicating agreement or disagreement with the issues identified in the appellant's factum and the respondent's position on the issues in disagreement and identifying alternative issues. The respondent shall also state its position with respect to the basis for the court's jurisdiction and the applicable standard of review on each issue. Part 4 – Argument (a) The factum shall include a concise statement of the argument, with appropriate headings, setting out the law and facts to be discussed, with particular reference to the page and line in the evidence or appeal book, and the tab number and page in the case book for the authorities relied on. (b) Where a statute, regulation, rule, ordinance or by-law is cited or relied on in the argument, the portions that may be relevant to the decision of the appeal shall be included in the factum or case book, or three copies of those portions shall be deposited with the court. If a statute, regulation, rule, ordinance or by-law contained in a factum or case book is required by law to be printed and published in English and French, a bilingual version must be included in the factum or case book or deposited with the court. (c) An estimate of the amount of time required for argument. 29(2) The name of counsel who has prepared the factum shall be typed at the end, and the factum shall be signed by counsel. 29(3) Unless the court or a judge orders otherwise, a factum must not exceed 30 pages. M.R. 177/93; 94/2003 ; 177/2006 ; 117/2022 ; 78/2024 Arguments at hearing 30 Notwithstanding subrule 29(1), counsel may, by leave of the court, on the hearing of an appeal, use arguments and raise points of law that are not set out in the factum. M.R. 177/93 Case book 31(1) The parties shall, where appropriate, file with the registrar three copies of a case book, which may be a joint case book. 31(1.1) The case book shall be filed (a) by an appellant, within 14 days after the appellant files a factum; (b) by a respondent, within 14 days after the respondent files a factum; or (c) if the appellant and respondent intend to file a joint case book, within 14 days after the respondent's factum is filed. 31(2) [Repealed] M.R. 94/2003 M.R. 87/90; 177/93; 94/2003 ; 200/2009 32 [Repealed] M.R. 177/93; 94/2003 Settlement conferences 32.1(1) When all parties to an appeal have requested a settlement conference, the Chief Justice is to determine whether a conference is to be held and, if so, which judge will preside at the conference. Neither decision is subject to appeal. 32.1(2) A request for a settlement conference or the appointment of a judge to preside at the settlement conference does not suspend the time periods set out in these Rules to perfect an appeal. 32.1(3) Unless the Chief Justice directs otherwise, a settlement conference must be concluded no later than 60 days after a judge has been appointed to preside at the conference. 32.1(4) The parties must ensure that a person who is authorized to conclude a settlement or compromise is present at the settlement conference or readily available if contacted by counsel to provide instructions on a proposed settlement or compromise. 32.1(5) All discussions at a settlement conference are confidential and cannot be subsequently disclosed, except as permitted by law. 32.1(6) The registrar is to return any documents provided to the presiding judge by the parties for the purposes of the settlement conference after the conclusion of a settlement conference. 32.1(7) The judge presiding at a settlement conference must not hear any contested motion between the parties or preside at the hearing of the appeal. 32.1(8) Unless the parties have reached a contrary agreement, the parties to an appeal are responsible for their own costs in relation to a settlement conference. M.R. 118/2022 Hearing date 33(1) The registrar shall fix the date for the hearing of an appeal and shall give notice to the parties of the date fixed for the hearing. 33(2) and (3) [Repealed] M.R. 200/2009 33(4) Where (a) the appellant's factum has not been filed within the time limits set out in these rules; (b) [repealed] M.R. 200/2009 ; the registrar may at his or her discretion give notice by regular lettermail at the last known address of the appellant or the appellant's solicitor that, unless the appeal is perfected in accordance with these rules within 30 days after the date of the notice, the appeal will be deemed to be abandoned. 33(5) The registrar shall state the date of the deemed abandonment in the notice given under subrule (4). 33(6) The registrar may, at his or her discretion, (a) [repealed] M.R. 200/2009 ; (b) change the date of the deemed abandonment of the appeal; and shall give the appellant or the appellant's solicitor notice by regular lettermail of his or her decision. M.R. 177/93; 94/2003 ; 177/2006 ; 200/2009 Non-receipt of transcript 34(1) Where the hearing of an appeal is dependent on consideration of a transcript of proceedings in the court appealed from and (a) the transcript of evidence has not been received by the registrar within six months after the filing of the document that initiates the proceeding; or (b) it appears to the registrar that the transcript has not been ordered or will not be available; the registrar may give notice by regular lettermail at the last known address of the appellant or the appellant's solicitor that, unless the appeal is perfected in accordance with these rules within 30 days after the notice, the appeal will be deemed to be abandoned. 34(2) The registrar shall state the date of the deemed abandonment in the notice given under subrule (1). M.R. 177/93; 94/2003 ; 177/2006 Deemed abandonment 35 Where an appeal is deemed to be abandoned under subrule 33(4) or rule 34, the registrar shall, on a motion made by the respondent and two days' notice to the appellant, tax the costs and issue a certificate of decision dismissing the appeal. M.R. 177/93 Appeal from deemed abandonment decision 35.1 An appeal from the registrar's decision to deem an appeal to be abandoned shall be made by motion to a judge in chambers within 30 days after the date of the deemed abandonment, as set out in the registrar's notice. M.R. 177/2006 36 [Repealed] M.R. 177/93; 94/2003 Deemed abandonment if appeal not set down 36.1(1) If an appeal has not been set down for hearing within one year after the notice of appeal has been filed, the registrar may, at his or her discretion, give notice by regular lettermail at the last known address of the parties or their solicitors that the appeal will be deemed to be abandoned and will be dismissed, unless, within 30 days after the date of the notice, (a) the appeal is set down for hearing in accordance with these rules; or (b) by motion to a judge in chambers, a party shows cause why the appeal should not be dismissed. 36.1(2) The registrar shall state the date of the deemed abandonment in the notice given under subrule (1). 36.1(3) If the appeal is not set down for hearing by the date specified in the registrar's notice, the appeal will be dismissed on the date specified in the notice unless, by motion to a judge in chambers filed prior to that date, a party shows cause why the appeal should not be dismissed. M.R. 35/2021 ; 117/2022 Discontinuing appeal 37(1) An appellant may discontinue an appeal by giving to the respondent a notice of discontinuance, signed by the appellant or the appellant's solicitor, and where such a notice is given, the respondent is entitled to the costs of the appeal, unless otherwise agreed upon by the parties. 37(2) The appellant shall file the notice of discontinuance with the court and that notice shall be acted upon by the court appealed from as a disposition of the appeal. M.R. 177/93; 94/2003 Directions 37.1 Where one or more parties to an appeal requests or where a judge orders, (a) the Chief Justice; or (b) in the absence of, or with the direction of the Chief Justice, a judge; may convene a meeting of the parties for the purpose of giving such direction for the conduct of the hearing as may be appropriate. M.R. 94/2003 Court direction for remote hearing 37.2(1) In exceptional circumstances, the court may issue a direction that the hearing of an appeal, motion or application is to be conducted remotely by audioconference or videoconference. 37.2(2) A direction for an audioconference or videoconference hearing must specify the manner in which the hearing is to be conducted. M.R. 32/2020 ; 127/2022 Request for remote participation in hearing 37.2.1(1) A party may submit a written request to the registrar to participate remotely in the hearing of an appeal or a motion or application by audioconference or videoconference. The party must provide a copy of the request to all other parties to the appeal. 37.2.1(2) The registrar is to permit a party to participate in the hearing of a motion or application by audioconference or videoconference unless the registrar determines that remote participation is not appropriate in the circumstances. 37.2.1(3) The court or a judge may permit a party to participate in the hearing of an appeal by audioconference or videoconference if they determine that there are special circumstances that make it appropriate for the party to participate remotely. 37.2.1(4) A party may participate by audioconference or videoconference in the manner specified by the registrar. M.R. 127/2022 No recording without permission 37.2.2 A person must not make a video or audio recording of any proceeding of the court, including a meeting for directions, settlement conference, motion or hearing, without the prior permission of the court or a judge. This prohibition applies whether the proceeding is conducted in person or by audioconference or videoconference. M.R. 127/2022 ; 105/2025 Disposition without oral hearing 37.3 If the parties agree, an appeal, motion or application may be determined on the basis of written materials filed, without an oral hearing being held. M.R. 32/2020 Reversal by consent 38 A respondent may consent to the reversal or variation of a judgment appealed from by giving to the appellant a notice of consent, signed by the respondent or the respondent's counsel, and where such a notice is given, the court may deliver judgment accordingly. M.R. 177/93 Dismissal for delay 39 Where an appellant unduly delays the prosecution of an appeal, the respondent may, by giving notice to the appellant, make a motion to the court for the dismissal of the appeal, and the court may make such order as it considers just. M.R. 177/93 Limitation re filing post-hearing materials 39.1 After an appeal has been heard and before a decision has been given, no party shall file any material with the court in respect of the appeal except in the following circumstances: (a) the court which heard the appeal stated during the hearing of the appeal that the material could be filed; (b) the court requests that the material be filed; (c) the court gives leave for the material to be filed, on written request to the registrar by the party wishing to make the filing, with notice of the request to all other parties to the appeal. M.R. 177/2006 Certificate of decision 40(1) The decision of the court shall be certified by the registrar in Form 2 of Schedule A to the proper officer of the court appealed from who shall make all proper and necessary entries of the decision, and all subsequent proceedings may be taken as if the judgment had been given or pronounced in the court appealed from. 40(2) [Repealed] M.R. 94/2003 40(3) The certificate of the decision of the court shall be settled and signed by the registrar. 40(4) Where the registrar considers it appropriate that the certificate of the decision of the court be settled only after notice has been given to the parties concerned, the registrar shall appoint a time for the purpose of settling the certificate and give two days' notice to the parties. 40(5) Unless the court otherwise orders, the certificate of the decision of the court shall be dated as of the date on which the judgment appealed from was delivered, and the judgment takes effect from that date, but, by leave of the court or a judge, the certificate may be antedated or postdated. 40(6) The registrar shall retain a duplicate of every certificate of decision. M.R. 177/93; 94/2003 Interest on judgment 41 Where a judgment appealed from is reversed, and the judgment directed to be entered is one for an amount of money, that amount shall bear interest from the date of the judgment reversed. M.R. 177/93 Extension or abridgement of time 42 Except where these rules otherwise provide, where an application is made, the court or a judge may, by order, extend or abridge the time limits set out in these rules for doing any act or taking any proceeding, and that power may be exercised whether the application is made before or after the expiration of the prescribed time limit. M.R. 177/93; 200/2009 Powers of registrar 43 The registrar has the jurisdiction of a judge sitting in chambers. M.R. 177/93 Requirements re motions 43.1(1) Unless the court or a judge orders otherwise, a motion must be (a) commenced by notice of motion; and (b) supported by (i) an affidavit that includes the applicable reasons for decision and any other evidence relevant to the motion, and (ii) a written memorandum setting out the submissions in support of the motion. 43.1(2) Not later than 10 days before the hearing date of the motion, the moving party must (a) file the notice of motion, affidavit and written memorandum with the registrar; and (b) serve the notice of motion, affidavit and written memorandum on all other parties. 43.1(3) Not later than four days after being served, a respondent must file with the registrar and serve on all other parties a written memorandum setting out the respondent's position respecting the motion and any affidavit evidence in response to the motion that is permitted by law. 43.1(4) If the motion is (a) before a judge alone, one copy of the material set out in subrules (2) and (3) must be filed with the registrar; or (b) before the court, four copies of the material set out in subrules (2) and (3) must be filed with the registrar. 43.1(5) Unless the court or a judge orders otherwise, a written memorandum on a motion must not exceed (a) 30 pages, in the case of a motion respecting a leave application; or (b) 15 pages, in all other cases. 43.1(6) The time periods referred to in subrules (2) and (3) may be extended or abridged by the registrar unless the motion arises under clause 28.1(b), in which case only the court or a judge may extend the applicable time period. M.R. 94/2003 ; 177/2006 ; 200/2009 ; 78/2024 Affidavit 43.2 An affidavit shall be filed to substantiate any fact that is not a matter of record in the court. M.R. 94/2003 Record of court appealed from 43.3 When the record of the court appealed from is deposited with the registrar, that record is part of the record of the court. M.R. 94/2003 Chambers motion 44 A judge or the registrar may refer any matter to the court, except those matters where, by statute, authority to make the decision is specifically given to a judge in chambers, and the registrar may refer any matter to a judge, and the court or the judge may either dispose of the matter or refer it back. M.R. 177/93 Chambers order 45 An order made in chambers shall be signed by the judge or the registrar making it. M.R. 177/93 Appeal from chambers order 46(1) A person affected by an order made in chambers may appeal to the court, except in those matters where, by statute, authority to make the order is given to a judge in chambers and there is no right of appeal. 46(2) An appeal from a chambers order shall be initiated by filing and serving a notice of appeal within 15 days after the pronouncement of the order, and the appeal shall proceed in accordance with rule 28. 46(3) There shall be no appeal from a motion for leave to appeal. M.R. 177/93; 94/2003 Intervention 46.1(1) Any person who is interested in an appeal may, by motion, apply to a judge for leave to intervene upon such terms and conditions as the judge may determine. 46.1(2) A motion for intervention shall be filed and served within 30 days after filing the notice of appeal. 46.1(3) A motion for intervention shall briefly (a) describe the intervener and the intervener's interest in the appeal; (b) identify the position to be taken by the intervener on the appeal; and (c) set out the submissions to be advanced by the intervener, their relevancy to the appeal and the reasons for believing that the submissions will be useful to the court and different from those of the other parties. 46.1(4) If granted leave to intervene, an intervener has the right to file a factum. 46.1(5) Unless otherwise ordered by a judge, an intervener (a) shall not file a factum that exceeds 20 pages; (b) shall be bound by the case on appeal and may not add to it; and (c) shall not present oral argument, without leave of the court. 46.1(6) In the order granting leave to intervene, the judge may specify the filing date for the factum of the intervener but shall, unless there are exceptional circumstances, make provisions as to additional disbursements incurred by the appellant or respondent as a result of the intervention. 46.1(7) Subrules (1) to (3), clauses 5(a) and (c) and subrule (6) do not apply to the Attorney General of Canada and the Attorney General of Manitoba when the appeal is brought pursuant to The Constitutional Questions Act . M.R. 94/2003 Rehearing 46.2(1) There shall be no rehearing of an appeal except by order of the court or at the instance of the court. 46.2(2) A rehearing of an appeal may be ordered before the certificate of decision has been entered. 46.2(3) A motion requesting a rehearing shall be in writing stating the grounds for the motion, supported by a memorandum of argument. 46.2(3.1) The party filing a motion requesting a rehearing must pay $500 into court as security for costs at the time the motion is filed. 46.2(4) If the reasons for judgment have been delivered, the motion requesting a rehearing under subrule (3) shall be made within 30 days after the reasons for judgment have been delivered, or such further time as the court may order, but in any event before the certificate of decision has been entered. 46.2(5) The motion and memorandum of argument shall be filed and served on all other parties that appeared upon the appeal. 46.2(6) Within 15 days after service of the motion and memorandum of argument, the other parties to the appeal may file and serve a memorandum of argument in writing in response to the motion. 46.2(7) Within 15 days after service of the response, the applicant may file and serve upon all parties his or her reply to the responses. 46.2(8) All submissions shall enumerate briefly and concisely the grounds upon which the motion is based or opposed. 46.2(9) There shall be no oral argument on the motion requesting a rehearing unless by direction of the court. 46.2(10) Unless otherwise ordered by the court, costs awarded on a motion requesting a rehearing shall be taxed as for a motion before the court. 46.2(11) When any documents are required to be filed pursuant to this rule, a copy shall be filed for each of the judges who heard the appeal, and one for the court record. 46.2(12) There shall be no rehearing on an application for leave or a motion. M.R. 94/2003 ; 177/2006 ; 105/2025 Costs 47(1) The court shall have discretion to award costs in any proceeding before it. 47(2) Party/party costs shall be taxed on the basis of Tariff "A", "B", "C" or "D" in Schedule A.1, except where, having regard to the result, the issues in dispute, the complexity of the proceeding and the conduct of the parties, the court or a judge otherwise orders. 47(3) A judge in chambers may award costs, taxed on the basis of Tariff "D", except where the judge otherwise orders. 47(4) [Repealed] M.R. 94/2003 47(5) Where an interlocutory motion has been made in the course of an appeal, the court may award costs, apart from the costs of the appeal itself, in accordance with subrule (3). 47(6) Where an appeal has been discontinued or abandoned, costs may be taxed on the production and filing of the notice of discontinuance or order of abandonment. 47(7) The court may award costs against or deny costs to a party who fails to take reasonable steps to restrict the evidence to be transcribed under subrule 17(1) or exclude material from the appeal book under subrule 24(1). M.R. 177/93; 94/2003 Appeal to Supreme Court of Canada 48 Where a party initiates proceedings in the Supreme Court of Canada relating to a cause which is or has been before the court, a copy of the initiating document shall be filed with the registrar. M.R. 177/93 Disposition of materials after appeal 49 After an appeal has been disposed of and the period for filing an appeal or an application for leave to appeal to the Supreme Court of Canada has expired, and in the absence of any motion for reconsideration, the registrar shall return all material received from the court appealed from to that court, and shall retain one copy of the appeal material for the records of the court. M.R. 177/93 50 to 62 [Repealed] M.R. 177/93 PART II 63 to 108 [Repealed] M.R. 99/92 PART III LANGUAGE RULES* The rules in Part III may be cited as the Court of Appeal Language Rules . 109 These rules shall apply with such modifications as the circumstances require to all appeal proceedings under Part I. M.R. 177/93 110 Any document commencing a proceeding in this court (called an initiating document) shall be filed before being served. 111 An initiating document shall be in English or in French. 112 Every initiating document shall have attached to it a bilingual endorsement in Form 1 in Schedule C. 113 Where (a) a party wishes to exercise his or her right to use a language other than that of the initiating document; (b) a party wishes to use a language other than the language used by that party in the forum from which appeal is being taken; or (c) testimony of witnesses or written exhibits were tendered on behalf of a party in both the English language and the French language in the forum from which appeal is being taken; that party shall file with the registrar a notice to determine the language directions on appeal, within 21 days of service of an initiating document. M.R. 94/2003 115 The time limited for the filing of a notice under rule 113 may be enlarged or abridged by a judge before or after the time limited by the rule. 116 Every initiating document shall set forth an address for service of each party named in the document. 117 A party filing a notice under rule 113 may at the time of filing advise the registrar in writing of an address for service in substitution for that set out in the initiating document. 118(1) Upon receipt of a notice under rule 113 the registrar shall cause an appointment in Form 2 in Schedule C to be served on the parties by registered mail at their address for service. 118(2) The appointment shall be mailed at least three days before the return date of the appointment. 119 On the return date of the appointment, the registrar or a judge shall make an order of language directions. 120 An order of language directions shall regulate the mode of exercise of the right to use French and English in the proceeding. 121 Where, under an order of language directions, any document is directed to be translated in French or English, the Court Services Branch shall on the filing of such document, obtain certified translations and the registrar shall distribute copies of the translation as directed in the order of language directions. 122 An order of language directions may require the Department of the Attorney-General to supply interpreters for an oral hearing, and such interpreters shall offer simultaneous interpretation. 123 Persons providing oral or written translation services shall, while providing such services, function under the direction of the judges of the Court of Appeal, for the purposes of fulfilling the requirements of these Rules. 124 Reasons for judgment and the judgments of the court may be delivered in both languages where an order of language directions has been made. 125 Orders and certificates of decision shall be in both English and French in all cases where an order of language directions has been made, and otherwise all orders and certificates of decision shall be in the language of the initiating document. PART IV COMING INTO FORCE 126 These rules come into force on January 1, 1989. SCHEDULE A Form 1 Notice of Appeal Form 2 Certificate of Decision SCHEDULE A.1 (subrule 47(2)) TARIFF OF PARTY/PARTY COSTS TARIFF "A" Tariff of party/party costs for interlocutory appeals: 1. For the determination of an appeal TARIFF "B" Tariff of party/party costs for appeals from final judgment where the amount in dispute is $100,000 or less or in cases in which no monetary sum is involved, such as requests for judicial review: 1. For the determination of an appeal TARIFF "C" Tariff of party/party costs for appeals from final judgment where the amount in dispute is over $100,000: 1. For the determination of an appeal TARIFF "D" Tariff of party/party costs awarded by a judge in chambers: 1. For the determination of a motion, SCHEDULE B [Repealed] M.R. 177/93 SCHEDULE C Form 1 Notice of Intent to Exercise Language Right Form 2 Appointment for Order of Language Directions