Newfoundland and Labrador Court of Appeal
- Non-Publication Orders
- Joint book of authorities
- Application for a hearing date
- Withdrawal of Counsel
- Late filing of documents
- Style of address of justice of the Supreme Court of Newfoundland, Court of Appeal
- Days for hearing applications and setting dates for hearing of appeals
- Newfoundland and Labrador Act
- Use of electronic reports of cases and citation of cases
- Informing and processing of sureties upon judicial interim release applications and review of judicial interim release applications
- Conforming to rules respecting filing an appeal book and factum
Supreme Court of Newfoundland and Labrador
- Transcripts of Civil Proceedings
- Criminal Appeals
- Applications, Estates of Mentally Incompetent Persons
- Fees for Court Documents
- The Residential Tenancies Act
- Pre-Trial Conferences (Civil Cases)
- Jury Selection
- Filing of documents for use of the Court (Chambers Applications)
- Rule 40, Rules of the Supreme Court, 1986: Place and mode of trial and setting down pre-trial conference following Certificates of Readiness.
- Federal Child Support Guidelines
- Prospective Appeals from Interlocutory Orders
- Expanded Geographic Jurisdiction of the Unified Family Court
- Quieting of Titles Applications: Publication of Notices
- Pleadings – Formal Requirements
- Settlement Conferences
- Dispending with administration bonds
- Style of address of Justice of the Supreme Court of Newfoundland, Trial Division and Unified Family Court
- Newfoundland and Labrador Act
- Settlements involving minors
- Access to Judges After Hours for Emergency Purposes
- Jury Trials (Criminal) – Challenge for Cause Procedure
- Interim Prohibitory Orders, Stays of Proceedings and Ex Parte Application in Family Proceedings
- Ex Parte Injunctions
- Ex Parte Injunctions
- Title of Proceeding on Court Documents
- Requirements for Affidavits and Applications for Probate
PRACTICE NOTES:
Newfoundland and Labrador Court of Appeal
November 7, 1990
Subject: Non-publication orders
Summary: Where an appeal is filed in respect of a matter in which a non-publication order has been made, counsel for the appellant is asked to note the fact of the non-publication order on the face of the notice of appeal and to draw the same to the attention of the Registry staff at the time of filing.
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June 2, 1992
Subject: Joint book of authorities
Summary: The practice of submitting a joint book of authorities will be adopted by the Court of Appeal. The decision on whether or not to submit a joint book of authorities will be up to opposing counsel. Procedure on how to file a joint book of authorities is provided. This practice is to be followed in both civil and criminal cases. A Book of Excerpts, if filed, would be in addition to and not in substation for a Book of Authorities.
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March 3, 1993
Subject: Application for a hearing date
Summary: Staff at the Registry of the Court of Appeal will not accept applications for a hearing date by appellants or respondents unless all materials required to be filed have been filed. In addition, where the time for filing the respondent’s factum has expired, the respondent may not thereafter file its factum (or any part thereof) without leave of the court.
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May 3, 1993
Subject: Withdrawal of Counsel
Summary: Once a firm or person has held itself, himself or herself out as representing a party to an appeal it, he or she should continue to do so unless and until it, he or she has been excused by the Court.
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June 18, 1996
Subject: Late filing of documents
Summary: Once a matter has been set for hearing before the Court, no further materials in respect of such matter will be accepted by the Registry without application to the Court for such late filing having been made and approved.
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May 18, 2001
Subject: Style of address of justice of the Supreme Court of Newfoundland, Court of Appeal
Summary: Justices of the Court of Appeal of the Supreme Court of Newfoundland may, in the future, be addressed as “Justice” or “Mr. Justice” or “Madame Justice” or “Chief Justice” as the case may be, although the former practice (“My Lord”, etc.) may still be followed by those counsel, parties or witnesses who prefer to do so. The former practice ought not to be used in circumstances where the Justice is not acting in an official capacity.
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May 18, 2001
Subject: Days for hearing applications and setting dates for hearing of appeals
Summary: Every second Tuesday during the normal court sitting times specified in Rule 57.24 is designated as applications day. Additional information is provided regarding: Rule 57.18 in order to provide for expeditors and fair hearings, the court sitting schedule, and additional procedures to be followed when filing an application.
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December 21, 2001
Subject: Newfoundland and Labrador Act
Summary: The Newfoundland and Labrador Act has the effect of changing references to “Newfoundland” in existing provincial legislation to “Newfoundland and Labrador”. An incidental effect of the legislation is to change the name of most provincial institutions or otherwise regulated or affected by provincial statute, and which contain the name “Newfoundland” to a name containing the words “Newfoundland and Labrador”. This practices note explains the effect of this legislation on documents used and filed in the Court.
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January 1, 2002
Subject: Use of electronic reports of cases and citation of cases
Summary: For the purpose of carrying out Rule 57.15(2)(f), which requires copies of cases from recognized law reports, counsel should adopt the practices listed in this practice note. Five practices are provided along with a definition of a “reasonably available” recognized law report.
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December 20, 2006
Subject: Informing and processing of sureties upon judicial interim release applications and review of judicial interim release applications
Summary: The purpose of this note is to: outline the expectations the Court has, of counsel or applicants, if unrepresented by counsel, and, of those offering to become sureties to support applications; and to outline the respective roles and functions of: the Court, counsel for applicants, applicants if unrepresented by counsel, and Court Officers who are Justices of the Peace, in respect of sureties and the taking of recognizances on an application for judicial interim release.
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December 20, 2006
Subject: Conforming to rules respecting filing an appeal book and factum
Summary: This practice note deals with three areas of concern when filing an appeal book or a factum: (1) conformity with the technical requirements of the rules; (2) failure to provide indexing and proper references to relevant portions of the transcript; and (3) citation and provision of copies of authorities. This practice note also addresses the procedure to be followed when seeking leave to file a factum in excess of 40 pages.
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PRACTICE NOTES:
Supreme Court of Newfoundland and Labrador
December 22, 1985
Subject: Transcripts of Civil Proceedings
Summary: This practice note outlines the process and costs of requesting transcripts of civil proceedings. Requesting parties will be provided with dubbed copies of the tapes of the proceedings and are responsible for their own transcriptions; the charge is $7.50 according to Rule 55. Transcripts of oral decisions or orders are $3.00 per page as per Rule 55; copies of these same transcripts are $1.00 per page.
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1986
Subject: Criminal Appeals
Summary: Criminal Appeals are held in open Court and not in Chambers. Consequently, counsel when appearing on criminal appeals must be appropriately gowned.
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June 7, 1988
Subject: Applications, Estates of Mentally Incompetent Persons
Summary: Applications in the Estates of Mentally Incompetent Persons are to be made in accordance with Rule 29 of the Rules of the Supreme Court, 1986. Specific procedures on how the application is to proceed depending on which documents have been filed are explained in the practice note.
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October 17, 1988
Subject: Fees for Court Documents
Summary: In the future, all documents that are issued out of this court are to have the Seal of the court affixed. The fees to be charged are set out in Rule 55. Scale of Costs. If no fee is specified to issue certain documents, a fee of $1.00 is to be charged for affixing the seals. There will be no charge for issuing documents in criminal cases.
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1989
Subject: The Residential Tenancies Act
Summary: On the return of the Originating Application under s. 39 of the Residential Tenancies Act the Court may refer the matter to a Residential Tenancies Board or proceed to hear the matter. To prevent unnecessary preparation for hearing and attendance by witnesses on the first appearance in response to an Originating Application, the court will hear the parties only as to whether or not the matter should be referred to a Board. If there is to be no referral, then a date will be set by the Court for the hearing. If there is to be a referral, the matter of setting the date for the hearing is for the Board which will be investigating the matter.
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August 6th, 1990
Subject: Pre-Trial Conferences (Civil Cases)
Summary: This practice note emphasizes the importance of the pre-trial conference as set out in Rule 39 of the court. Counsel and the parties they represent are expected to prepare for and attend the pre-trial conference as it is established by an order of the court and an integral part of the trial process.
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August 8th, 1991
Subject: Jury Selection
Summary: This practice note concerns the Jury Act. Jury selection for all trials will be done on the first sitting day of the month and all juries will be selected from one large panel. One judge presides over jury selection; the presence of judges specific to cases is not required. The accused in a jury trial must be present on the first day of the month his or her trial is scheduled for, for jury selection. Request for a separate jury panel in particular circumstances should be made when the trial date is being given.
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June 23, 1992
Subject: Filing of documents for use of the Court (Chambers Applications)
Summary: For contested applications and ex parte applications, documents for the use of the Court shall be filed with the Register in compliance with the rules stated in this practice note.
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March 16th, 1995
Subject: Rule 40, Rules of the Supreme Court, 1986: Place and mode of trial and setting down pre-trial conference following Certificates of Readiness.
Summary: Rule 40.05(2) and 40.07(1) of the Rules of the Supreme Court, 1986 are summarized in this practice note.
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May 5th, 1997
Subject: Federal Child Support Guidelines
Summary: All new child support orders made after May 1, 1997, and all existing orders which are varied after May 1, 1997, will be subject to the federal Child Support Guidelines, a regulation to the Divorce Act. The effect of changes of the Income Tax Act on applications for child support or for variation of existing child support
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January 5, 1998
Subject: Prospective Appeals from Interlocutory Orders
Summary: Prospective appeals from interlocutory orders will require leave before any such appeal will be permitted to proceeds. The procedure to be followed is set forth in Langor v. Spurrell. How and when the application is to be heard will depend on the nature of each application. It was expected that a substantial review of the Civil Appeal Rules would take place and include a section fully dealing with appeals from interlocutory orders.
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August 11, 1998
Subject: Expanded Geographic Jurisdiction of the Unified Family Court
Summary: All new applications under the Divorce Act made by individuals who reside within the expanded jurisdiction described in the Act to Amend the Judicature Act and the Unified Family Act must make application to the Unified Family Court. All applications for variation of existing orders under the Divorce Act must be transferred to the Unified Family Court. Proceedings ongoing at the time of the note continue in original jurisdiction unless a new action is ordered. Actions under provincial acts may be heard in either jurisdiction unless specified. The services of the Unified Family Court are outlined.
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2000
Subject: Quieting of Titles Applications: Publication of Notices
Summary: This practice note discusses size requirements for diagrams attached to notices of claim in a quieting of titles application when an order for publication is received.
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September 20, 2000
Subject: Pleadings – Formal Requirements
Summary: This practice note requires that originating documents, and pleadings adding new parties, contain in them a separate paragraph that includes the complete residential address, postal address if different, and occupation, if known, of each party. Registry staff has been instructed to ask for the above information and, when it is known, to enter all information into the electronic Registries system.
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September 20, 2000
Subject: Settlement Conferences
Summary: Within two weeks following a settlement conference, a report shall be brought to the Registry for transmittal to the presiding judge as to whether a settlement has been reached or if more time is required. In the meantime, a fixed trial date shall not be given until after the lawyers have reported to the presiding judge that the case was capable or not of being settled. If a memorandum of settlement is filed, that would be the end of the matter. If the lawyers have reported that the settlement conference has not resulted in a settlement then a fixed date will be set.
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May 10th, 2001
Subject: Dispending with administration bonds
Summary: This practice note discusses the administration of bonds. The Courts will normally require an applicant for Letters of Administration to furnish security with the application. The Court must then be satisfied that there will be no risk to estate creditors and beneficiaries in the event of improper estate administration or the commission of devastavit by the administrator. Examples of circumstances where the Court would likely be so satisfied are provided. The application process to dispense with security is also discussed.
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May 10, 2001
Subject: Style of address of Justice of the Supreme Court of Newfoundland, Trial Division and Unified Family Court
Summary: Justices of the Supreme Court of Newfoundland, Trial Division and Unified Family Court, may, in the future, be addressed as “Justice” or “Mr. Justice” or “Madam Justice” or “Chief Justice” as the case may be. The former practice of using “My Lord”, etc. may still be followed by those counsel, parties or witnesses who prefer to do so. The former practice ought not to be used in circumstances where the Justice is not acting in an official capacity.
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December 10, 2001
Subject: Newfoundland and Labrador Act
Summary: This practice note concerns the use of the name of the province in proceedings. All new proceedings shall be styled “IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR, TRIAL DIVISION” or “IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR, UNIFED FAMILY COURT.” Proceedings already commenced are required to change the nomenclature for subsequent pleadings and documents to be filed excepting already existing documents. Pre-printed forms may be used without regard to nomenclature and named parties which change as a result of the provincial name change may have their name automatically changed in the style of cause to be affirmed by a judge.
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June 20, 2002
Subject: Settlements involving minors
Summary: This practice note standardizes practice and procedure with respect to court approval of minor’s settlements. Applications for court approval of a settlement, compromise or acceptance of money paid into court to a claim by a minor should include or be accompanied by the documents listed in the practice note. Other procedural requirements are also listed. An Order Sanctioning Settlement precedent is also provided.
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October 10, 2002
Subject: Access to Judges After Hours for Emergency Purposes
Summary: This note outlines the procedure should counsel require a judge from the St. John’s jurisdiction after hours. Contact should be made by telephone to the Senior or Assistant Deputy Registrar with as much advance notice as possible. Counsel should provide a) the general nature of the anticipated application b) an estimate of length of time it will take the judge to peruse the paperwork and c) an estimate of when the judge and clerk will be needed to hear the application. The Registrar then will assign a clerk and contact the head of the relevant judicial panel. The judge, clerk and counsel are then responsible to set up a time and place for the application. Procedure is also outline for Unified Family Court and jurisdictions outside of St. John’s.
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October 10, 2002
Subject: Jury Trials (Criminal) – Challenge for Cause Procedure
Summary: This practice note outlines the procedure that is to be followed when counsel considers or proposes challenge for cause. Notice should be given to the presiding judge and High Sheriff during contemplation and formal notice should be given upon a decision being made. Formal notice must be given at least four weeks prior to the trial date at risk of postponing the trial. Additional jury panel will not be summonsed until a formal order has been granted. On the arraignment of the accused and at the pre-trial conference counsel should be prepared to speak to challenge for cause procedure.
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November 28, 2003
Subject: Interim Prohibitory Orders, Stays of Proceedings and Ex Parte Application in Family Proceedings
Summary: Application for prohibitory orders and stays of proceedings, whether ex parte or inter partes should be made in an existing proceeding. In extenuating circumstances outside of proceedings a draft application can be submitted with the application; Rules 56A.17(2)(6) and 56A.17(2.1). Before making an ex parte interimorder the judge will adopt the procedure that best protects the interests of affected parties; counsel has a good faith obligation to disclose all information. Within 7 days of the order an inter partes hearing is set up pursuant to Rule 56A.16(7) where the court must be satisfied that grounds continue to exist for the order and the legal and equitable principles have been met.
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August 16th, 2004
Subject: Ex Parte Injunctions
Summary: The basic rule is that no injunction shall be granted without notice to other parties or affected persons.
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August 16, 2004
Subject: Ex Parte Injunctions
Summary: The basic rule is that no injunction shall be granted without notice to other parties or affected persons. Exceptional cases however may proceed in the absence of notice. Certain criteria must be satisfied before a judge will consider an application for an ex parte injunction. These criteria, along with a description of papers to be included in the application are included in the practice note. Further information on ex parte injunctions and hearings is also provided.
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August 16, 2004
Subject: Title of Proceeding on Court Documents
Summary: All pleadings and other documents filed subsequent to the originating document shall bear the original unchanged title of proceeding before being accepted by the Registry of the Trial Division for filing or issuance. This practice note discusses the title of proceeding to be used when two or more proceedings are combined, where a plaintiff/defendant discontinues a proceeding, and where an Interlocutory application is filed. This practice note applies to both criminal and civil matters.
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Subject: Identification Requirements for Affidavits and Applications for Probate
Summary: According to Rule 48:03; affidavits being produced, attached or otherwise annexed should be identified by the person before whom it is sworn in the manner outlined in the Rule. Additional requirements are set out for applications for probate including: the signature of the applicant on the face of the will and the signatures of the applicant, the witness executing the Proof of Will and the persons taking the affidavit of the applicant and witness on the back of the last page of the will.
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