Change of Representation or Withdrawal of Counsel or Agent
17. (1) A party may change their counsel or agent by identifying the new counsel or agent on the originating document, or during the course of the proceeding, by serving on all other parties and filing with the Registrar a notice of change setting out the name, address and telephone number, and the fax number and email address, if any, of the new counsel or agent.
(2) A party who was represented by counsel in the court appealed from may elect to act in person by signing the originating document.
(3) A party who was not represented by counsel in the court appealed from may elect to be represented by counsel by serving on all other parties and filing with the Registrar a notice to that effect.
(4) A counsel may choose to cease to represent a party before the Court by
(a) serving on all other parties and filing with the Registrar a notice of withdrawal of counsel accompanied by the consent of the party; or
(b) in the absence of the consent of the party, making a motion to a judge or the Registrar for an order that the counsel no longer represents the party, and serving on that party and all other parties the motion and, if the motion is granted, the order of withdrawal.
(5) An agent may cease to represent a party by serving on that party and all other parties and filing with the Registrar a notice of withdrawal.
- SOR/2011-74, s. 6.
Adding and Substituting Parties
18. (1) A person may be added or substituted as a party on motion before a judge or the Registrar that sets out the reasons for the addition or substitution.
(2) Subject to subrule (5), no person shall be added or substituted as a party without the person’s consent being filed with the Registrar.
(3) The motion referred to in subrule (1) shall also be served on the proposed added or substituted party.
(4) Parties added or substituted shall be served with all documents provided for in these Rules, and any time periods shall begin as provided for in the order unless a judge or the Registrar otherwise orders.
(5) In any proceeding, the Court or a judge may order that a party be added or substituted where, in the opinion of the Court or the judge, such addition or substitution is necessary to enable the Court to adjudicate the questions in issue.
Filing of Documents
19. (1) A document may be filed with the Registrar by
(a) hand delivery;
(b) mail or courier; or
(c) fax transmission, except in the case of a document that these Rules require to be bound.
(2) On receipt of a document, the Registrar may
(a) accept or reject the document for filing; or
(b) accept the document for filing subject to the making of any corrections or the fulfilling of any conditions precedent.
(2.1) to (2.3) [Repealed, SOR/2011-74, s. 7]
(3) A document that is filed by fax transmission shall include a cover page in accordance with subrule 20(3) and is deemed to have been filed on the day on which it is received, unless it is received between 5:00 p.m. and 12:00 a.m. local time or on a day that is a holiday, in which case it is deemed to have been filed the following day that is not a holiday.
(4) The date of the filing stamp of the Court on the document shall be deemed to be the date of its filing, unless the Court, a judge or the Registrar otherwise orders.
(5) All documents filed shall be served in accordance with Rule 20 on all parties unless these Rules provide otherwise or the Court, a judge or the Registrar otherwise orders.
- SOR/2006-203, s. 2;
- SOR/2011-74, s. 7.
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