Hearings in the Court of Appeal
Members of the Legal Profession
Administrator of the Court
Hearings in the Court of Appeal
Herewith is a copy of a Notice to Parties and the Profession issued by Chief Justice Richard on April 27, 2000.
TABLE OF CONTENTS:
Sittings in the Court
Requisition for Hearing
Estimates of duration of hearings
Appeals from interlocutory orders of the Trial Division
Requests for adjournment
Motions in person
Year 2000 summer recess
Requests for expedited hearings
Composition of panel
Book of Authorities
Sittings of the Court:
The Court of Appeal provides advance written notice of dates it will hold sittings at various cities across Canada for the hearing of appeals and applications for judicial review. Parties and their counsel whose appeals or applications are pending are expected to take note of these periods when planning their own availability.
Requisition for Hearing:
Sittings are fixed by the Chief Justice in consultation with the Judicial Administrator of the Court. The parties or their counsel are expected to remain available during the times proposed in their Requisition for Hearing. However, if the Court is unable to set the matter down for hearing in the period requested by counsel, commencing with the fall 2000 sittings of the Court, the parties or their counsel will be contacted by the office of the Judicial Administrator approximately three months in advance of the hearing dates which are to be set down by the Court.
Estimates of duration of hearings:
To preserve the efficient and effective allocation of the Court's time, as well as that of the parties and their legal counsel, the parties or their counsel will be required to certify to the Court, at the time of filing a Requisition for Hearing, that their estimate of the duration of their hearing is accurate. The final decision on the duration of an appeal or an application is that of the Court.
Appeals from interlocutory orders of the Trial Division:
Argument of the parties or their counsel on hearings of appeals from interlocutory orders will be limited to a total of one hour. Requests for additional time must be made in writing to the Judicial Administrator at the time of filing a Requisition for Hearing. The request must explain the reasons for the additional time and must specify the amount of time required.
Requests for adjournment:
Once a hearing date is fixed, adjournments will not routinely be granted, even on consent. Any requests for adjournment must be made by motion to the Court with an affidavit in support detailing the reasons for the request.
Motions in person:
A judge is on duty to deal with Rule 369 motions every week of the year, including the Christmas and summer recesses. A request that a motion be heard in person must be addressed to the Judicial Administrator (Rule 35(2)(a)).
Year 2000 summer recess:
The Court will hear appeals and applications during the summer recess in the year 2000 during the following weeks:
- Toronto, the week of July 4;
- Toronto, the week of August 21;
- Ottawa, the week of August 28; and
- Toronto, the week of August 28.
Requests for expedited hearings:
Requests for an expedited hearing must be made by motion and should normally not be made before the time provided in the Rules for the filing of a Requisition for Hearing.
Composition of panel:
The composition of the panel hearing an appeal or application, other than a hearing before a single judge, will be available through the Registry two weeks in advance of the commencement of the hearing. It should be noted, however, that the composition of any panel is subject to change at any time up to the commencement of the hearing.
Book of Authorities:
The attention of the profession is drawn to the mandatory provisons of Rule 348 and, in particular, the requirement that the parties must file the book of authorities at least 30 days before the hearing date. An unacceptable practice of seeking leave to file a supplementary book of authorities on the eve of the hearing has developped and should be avoided.
It is also recommended that the parties highlight the passages they rely on.
Attention is also drawn to the requirement that extracts of federal statutes and regulations shall be reproduced in both official languages.
John D. Richard