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

Act current to 2013-04-29 and last amended on 2003-07-02. Previous Versions

Marginal note:Death of one of several respondents

74. In the event of the death of one of several respondents, a suggestion may be filed of the death and the proceedings may be continued against the surviving respondents.

  • R.S., c. S-19, s. 79.
Marginal note:If suggestion of death untrue

75. A suggestion of the death of one of several appellants, of a sole appellant, of all the appellants or of one of several respondents, if untrue, may on motion be set aside by the Court or a judge.

  • R.S., c. S-19, s. 80.
Marginal note:Death of sole respondent or all respondents

76. In the event of the death of a sole respondent or of all the respondents, the appellant may proceed, on giving one month’s notice of the appeal and of the appellant’s intention to continue the appeal, to the representative of the deceased party, or, if no such notice can be given, on such notice to the parties interested as a judge of the Court directs.

  • R.S., c. S-19, s. 81.
Marginal note:Death of party where judgment against deceased

77. In the event of the death of a sole plaintiff or defendant before the judgment of the court in which an action or appeal is pending is delivered, and if the judgment is against the deceased party, the legal representatives of the deceased party, on entering a suggestion of the death, are entitled to proceed with and prosecute an appeal in the Supreme Court in the same manner as if they were the original parties to the suit.

  • R.S., c. S-19, s. 82.
Marginal note:Death of party where judgment in favour of deceased

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.

  • R.S., c. S-19, s. 83.

ENTRY OF CAUSES

Marginal note:Entry of appeals and order of hearing

79. Unless otherwise ordered by the Chief Justice or one of the puisne judges at the Chief Justice’s direction, the appeals set down for hearing shall be

  • (a) entered by the Registrar on a list in the order in which they have been inscribed for hearing; and

  • (b) heard in the order that the Registrar considers appropriate and disposed of.

  • R.S., 1985, c. S-26, s. 79;
  • 1990, c. 8, s. 41;
  • 1994, c. 44, s. 102.