5. (1) Any person, including an Attorney General, interested in an appeal between other parties may, by leave of the Court, intervene in the appeal on any terms and conditions that the Court determines.
(2) An application for intervention shall briefly
(a) describe the intervenor and the intervenor’s interest in the appeal;
(b) identify the position to be taken by the intervenor on the appeal; and
(c) set out the submissions to be advanced by the intervenor and their relevance to the appeal, and the reasons for believing that those submissions will be useful to the Court and different from those of the parties or other intervenors.
LEAVE TO APPEAL
6. (1) Where leave to appeal is required, arguments respecting leave shall be presented at the hearing of the appeal unless
(a) the appellant or respondent applies, with appropriate supporting materials, for the issue of leave to be determined prior to the hearing of the appeal; or
(b) the Court of its own motion requires the parties to appear, with appropriate supporting materials, at a hearing to determine the issue of leave.
(2) On the hearing of an application, the Court may grant leave, refuse leave or postpone the decision until the hearing of the appeal.
REPORT OF A TRIAL JUDGE
7. (1) Where the Court or one of the parties requests that the trial judge furnish a report on the case or on any matter relating to the case, notice shall be given to the parties who shall have the opportunity to make submissions to the Court concerning
(a) whether the trial judge’s report is to be furnished; and
(b) if the report is to be furnished, the scope of the report to be requested.
(2) Where the Court directs that a report of the trial judge is to be furnished, the Registrar shall, on receipt of the report, mail copies to the parties to the appeal.
APPEALS IN WRITING
8. (1) Where an appellant desires to present argument on appeal in writing instead of appearing in person or by counsel, he or she shall state the intention to do so in the notice of appeal and may include in it points of argument, or file and serve a factum in the manner and within the time prescribed by these Rules.
(2) Where a respondent desires to present argument on appeal in writing instead of appearing in person or by counsel, he or she shall advise the Registrar and the appellant of their intention to do so at the time he or she files and serves a factum. Such factum shall be filed and served in the manner and within the time prescribed by these Rules.
EXTENSION OR ABRIDGMENT OF TIME
9. (1) Any time prescribed by these Rules, including the time prescribed for the filing of a notice of appeal, may be extended or abridged by the Court before or after the expiration of the period.
(2) Notice of an application to extend or abridge the time shall be given to the opposite party, unless such application is made by consent or unless otherwise directed by the Court.
(3) An application to extend or abridge the time for filing a notice of appeal shall include an affidavit and any other relevant material indicating
(a) the potential merits of the appeal, including any questions of law that may be in issue on the appeal;
(b) an explanation for the failure to have filed the notice of appeal in accordance with the time limits prescribed by these Rules;
(c) whether the applicant had demonstrated an intention to appeal within the appeal period;
(d) the existence of any prejudice to the intended respondent and any third parties if the appeal were allowed to proceed;
(e) the existence of any special circumstances that might cause an injustice to the applicant if the application were refused; and
(f) any other information or factors as might reasonably have a bearing on the application.
(4) An appellant not represented by counsel may apply for an extension or abridgement of time by including with the proposed Form B notice of appeal an application for such extension. The Court may, on notice to the Attorney General and on giving the Attorney General an opportunity to be heard, consider the application and either grant or refuse the requested extension. The Registrar shall send to each party a copy of the Court’s order.
(5) Where an application under this Rule is heard by a judge, and the judge dismisses it, the applicant may, by filing a notice in writing with the Court within seven days after such dismissal, have the application to extend or abridge the time determined by a panel of the Court.
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