Supreme Court Act (R.S.C., 1985, c. S-26)

Marginal note:Notice

• 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.

• Marginal note:Respondent entitled to costs

  (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.

Marginal note:Consent to reversal

70. A respondent may consent to the reversal of the judgment appealed against by giving to the appellant a notice entitled in the Court and in the cause, and signed by the respondent or the respondent’s attorney or solicitor, stating that the respondent consents to the reversal of the judgment, and thereupon the Court or a judge shall pronounce judgment of reversal as of course.

Marginal note:Dismissal for delay to proceed

• 71. (1) Where an appellant unduly delays to prosecute the appeal, or fails to bring on the appeal to be heard at the first session of the Court, after the appeal is ripe for hearing, the respondent may, on notice to the appellant, move the Court, or a judge in chambers, for the dismissal of the appeal.

• Marginal note:Order

  (2) Such order shall thereupon be made as the Court or judge deems just.

Marginal note:Death of one of several appellants

72. In the event of the death of one of several appellants, pending the appeal to the Court, a suggestion may be filed of the death, and the proceedings may thereupon be continued at the suit of and against the surviving appellant as if the surviving appellant were the sole appellant.

Marginal note:Death of sole appellant or all appellants

• 73. (1) In the event of the death of a sole appellant, or of all the appellants, the legal representative of the sole appellant, or of the last surviving appellant, may, by leave of the Court or a judge, file a suggestion of the death, and that he is that legal representative, and the proceedings may thereupon be continued at the suit of and against the legal representative as the appellant.

• Marginal note:If no suggestion

  (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.