EFFECT OF NON-COMPLIANCE WITH RULES
82.24 (1) Subject to subsection 82.23(3), non-compliance with these Rules does not render a proceeding void, but where non-compliance occurs, the Court may give any direction or make any order it considers appropriate to give effect to the intent of these Rules.
(2) Where a party to an appeal or their counsel fails to perfect the appeal within a period of six months after the filing of the transcript or, where no transcript is filed, within a period of six months after the filing of the notice of appeal, or a party or their counsel otherwise fails to comply with these Rules, the Court, on application of any other party to the appeal or of its own motion, on giving to the parties such notice, if any, as the Registrar is able to effect, or without notice if reasonable notice cannot be effected, may
(a) strike out the appeal;
(b) direct the appellant to perfect the appeal within a specified time;
(c) fix a date for hearing of the appeal; or
(d) make any other order as may be just.
(3) Where the notice of appeal was filed prior to the coming into effect of this Rule and six months have passed since the Rule came into effect with no order or step being made or taken under this Rule, the appeal shall be deemed to have been abandoned and the Registrar shall file a notice of deemed abandonment.
(4) On filing a notice of deemed abandonment of the appeal, the Registrar shall send a copy of the notice by ordinary mail or by facsimile transmission to counsel of record or to the parties at the last known addresses, if any, of such counsel or parties indicated in the documents filed in the appeal.
(5) Inability or failure of the Registrar to effect any notice required by this Rule shall not affect the deemed abandonment or striking out of an appeal.
(6) No proceedings shall thereafter be taken in any appeal deemed abandoned or struck out under this Rule unless the appeal is reinstated by the Court, which the Court may do on application and on such terms as the Court deems just.
(7) The Court may, on application by a party prior to the date on which the appeal would be deemed to be abandoned, on such terms as the Court deems just, order that the appeal not be deemed abandoned.
Time with Respect to Applications and Responses
82.25 (1) Any party may seek from the Registrar a date and time for the hearing of a motion. When the date and time are set, the applicant shall serve copies of the documentation to be relied on, on all other parties at least four clear days before the hearing, unless the application is made by consent or the Court otherwise directs.
(2) Any written response to the application shall be filed with the Registrar and served on all other parties at least one clear day before the hearing.
Manner of Service of Other Notices and Documents in Prisoner Appeals
82.26 (1) In a prisoner appeal, service of all notices and other documents pertaining to the appeal, other than the notice of appeal, shall be effected by delivery to the senior official of the penal institution in which the appellant is imprisoned.
(2) Where a notice or document is initiated by the appellant, the official shall endorse on it the date of receipt, return a copy so endorsed to the appellant and forthwith forward the original to the Registrar. The Registrar shall file the original and forward a copy to the Attorney General.
(3) Where a notice or document is initiated by the Attorney General, the original shall be filed with the Registrar. Service shall be effected by delivery to the senior official of the penal institution in which the appellant is imprisoned who shall forthwith deliver the notice or document to the appellant. Delivery may be carried out by
(a) delivery to the official;
(b) prepaid registered or certified mail or courier to the official;
(c) verified facsimile transmission, except in respect of transcripts, appeal books, factums and other documents exceeding 10 pages; or
(d) any other manner that may be directed by the Court.
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