(2) An application for leave to appeal under this section shall be brought in accordance with paragraph 58(1)(a). Video about the Supreme Court and its work, Accord to strengthen the independence of the SCC, Policy for Access to Supreme Court of Canada Court Records, Additional Information about Court Records available on this website, Request for Registered Access to Court Records, Alphabetical List of all Chief Justices and Judges, Form 23A (Combined 23A and 23B Dynamic PDF), Notice to the Profession - Amendments to the, Answers to your questions in regards to the ending of the suspension period caused by COVID-19, Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic), Filing electronic documents (CD/DVD-ROM or email attachments), How to Calculate Deadlines for Serving and Filing Documents, Filing Documents after Leave has been Granted or After Notice of Appeal as of Right has been Filed, Information and resources for self-represented litigants who may wish to apply for leave to appeal, Important information about seeking leave to appeal to the Supreme Court of Canada, Information and resources for self-represented litigants who have been named as a respondent on an application for leave to appeal, Important information you need to know if you have been served with an application for leave to appeal, Sources of Legal Information Available to the General Public, News Releases, Decisions and Case Information, Access to Court Facilities, Media Briefings and Lock-ups, Access to Court Documents, Photographs and Recordings, Publication Bans and Other Limitations on Access, Request to Use Court Photographs, Webcasts or Audio/Video Recordings. 10 Every judge shall, before entering on the duties of the office of judge, take an oath in the following form: I, ..........., do solemnly and sincerely promise and swear that I will duly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as Chief Justice (oras one of the judges) of the Supreme Court of Canada. 66 (1) When security has been given as required by sections 60 and 65, any judge of the court appealed from may issue his fiat to the sheriff, to whom any execution on the judgment has issued, to stay the execution, and the execution shall be thereby stayed whether a levy has been made under it or not. Effect of consent of parties to examination of witness. (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. Signaling an increased willingness to overturn decisions of administrative tribunals, the Supreme Court of Canada has reformed the law governing judicial review in Vavilov, a case about the children of Russian spies, and in two Bell Canada cases over Super Bowl commercials.. 5.1 For greater certainty, for the purpose of section 5, a person may be appointed a judge if, at any time, they were a barrister or advocate of at least 10 years standing at the bar of a province. (2) Such other officers, clerks and employees as are required for the purposes of the Court shall be appointed under the Public Service Employment Act. 43 (1) Notwithstanding any other Act of Parliament but subject to subsection (1.2), an application to the Supreme Court for leave to appeal shall be made to the Court in writing and the Court shall. (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. 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. Hearing Schedule of the Tax Court of Canada Thank you for taking the time to send us your questions and comments. 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. 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. Finally, the Supreme Court of Canada is the final court of appeal for all Canadian courts and administrative tribunals. 36 An appeal lies to the Court from an opinion pronounced by the highest court of final resort in a province on any matter referred to it for hearing and consideration by the lieutenant governor in council of that province whenever it has been by the statutes of that province declared that such opinion is to be deemed a judgment of the highest court of final resort and that an appeal lies therefrom as from a judgment in an action. While some of thei… (e) a consul, vice-consul, acting consul, pro-consul or consular agent of Her Majesty exercising his functions in any foreign place and certified under his official seal. THE SUPREME COURT OF CANADA S. 24(2) of the Canadian Charter of Rights and Freedoms 2014 CanLIIDocs 1 Gerard Mitchell July 2019 About the Author Hon. 15 Subject to the direction of the Chief Justice, the Registrar shall superintend the officers, clerks and employees appointed to the Court. 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. (2) The depositions returned to the Court under subsection (1), together with the affidavit, and the order or commission, closed under the hand and seal of the person or one of the persons authorized to take the examination, may, without further proof, be used in evidence, saving all just exceptions. (2) Where the court appealed from is a court of appeal and execution has been already stayed in the case, the stay of execution continues without any new fiat until the decision of the appeal by the Supreme Court. 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. 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. (a) a commissioner authorized to take and receive affidavits to be used in Her Majesty’s High Court of Justice in England; (b) a notary public and certified under his hand and official seal; (c) a mayor or chief magistrate of any city, borough or town corporate in any part of the Commonwealth and Dependent Territories other than Canada, or in any foreign country, and certified under the common seal of that city, borough or town corporate; (d) a judge of any court of superior jurisdiction in any part of the Commonwealth and Dependent Territories other than Canada and certified under the seal of the court of which he is a judge; or. (3) All rules not inconsistent with the express provisions of this Act have force and effect as if herein enacted. (4) Whenever the Court has granted leave to appeal, the Court or a judge may, notwithstanding anything in this Act, extend the time within which the appeal may be allowed. 61 Whenever error in law is alleged, the proceedings in the Court shall be in the form of an appeal. For example, Pettkus v. Becker, 1978 CanLII 50 (ON CA) was the Ontario Court of Appeal decision before … 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. 84 No informality in the heading or other formal requisites of any affidavit, declaration or solemn affirmation, made or taken before any person under any provision of this Act or any other Act, shall be an objection to its admission in evidence in the Court, if the court or judge before which or whom it is tendered thinks proper to admit it, and if it is actually sworn to, declared or affirmed by the person making it before any person duly authorized thereto and is admitted in evidence, no such informality shall be set up to defeat an indictment for perjury. 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. He was appointed a Provincial Court Judge in 1975. (2) The rules and orders may extend to any matter of procedure or otherwise not provided for by this Act, but for which it is found necessary to provide, in order to ensure the proper working of this Act and the better attainment of the objects thereof. 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. (témoin). (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. 1 This Act may be cited as the Supreme Court Act. Stay of execution — application for leave to appeal. Appeal to the Supreme Court of Canada is by leave only - it is not an automatic right. 33 The Court may adjourn any session from time to time and meet again at the time appointed for the transaction of business. Just when you thought Canadian Legal Information Institute (CanLII) couldn’t deliver any more free easily searchable Canadian court decisions, they announce a joint initiative of the Supreme Court of Canada and Lexum Inc., that allows researchers across the globe to access a nearly complete collection of over 9,000 decisions of the Supreme Court of Canada … (2) Such order shall thereupon be made as the Court or judge deems just. (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. (b) if the judges of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada are absent from Ottawa or for any reason are unable to sit, of a judge of a provincial superior court to be designated in writing by the chief justice, or in the absence of the chief justice, by any acting chief justice or the senior puisne judge of that provincial court on that request being made to that acting chief justice or that senior puisne judge in writing. 59 (1) Notwithstanding anything in this Act or any other Act of Parliament, the court proposed to be appealed from or any judge thereof or the Supreme Court or a judge thereof may under special circumstances, either before or after the expiration of a time period prescribed by section 58, extend that time period. 21 The Sheriff of the County of Carleton, in the Province of Ontario, is ex officio an officer of the Court and shall perform the duties and functions of a sheriff in connection therewith. 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