Filing of Documents
Marginal note:How documents may be submitted
71. (1) A document may be submitted for filing by being
(a) delivered to the Registry;
(b) mailed to the Registry; or
(c) subject to subsection (2), transmitted to the Registry by fax.
Marginal note:Limit on documents filed by fax
(2) The following documents may not be filed by fax without the consent of the Administrator:
(a) a motion record, application record, trial record, appeal book or book of authorities; or
(b) any other document that is longer than 20 pages.
Marginal note:Fax cover page
(3) A document that is submitted for filing by fax shall include a cover page in Form 71.
Marginal note:Reception by Registry
(4) A document is not considered to have been submitted until
(a) it is received by the Registry and dated by the Administrator; and
(b) where a fee for its issuance or filing is payable under Tariff A, the fee is paid.
Marginal note:Irregular documents
72. (1) Where a document is submitted for filing, the Administrator shall
(a) accept the document for filing; or
(b) where the Administrator is of the opinion that the document is not in the form required by these Rules or that other conditions precedent to its filing have not been fulfilled, refer the document without delay to a judge or prothonotary.
Marginal note:Acceptance, rejection or conditional filing
(2) On receipt of a document referred under paragraph (1)(b), the judge or prothonotary may direct the Administrator to
(a) accept or reject the document; or
(b) accept the document subject to conditions as to the making of any corrections or the fulfilling of any conditions precedent.
Marginal note:Deemed time of filing
(3) A document that is accepted for filing shall be considered to have been filed at the time the document was submitted for filing, unless the Court orders otherwise.
Marginal note:Proof of service
73. No document required to be served, other than an originating document, shall be filed without proof that it has been served within the time and in the manner provided for by these Rules.
Marginal note:Removal of documents improperly filed
74. (1) Subject to subsection (2), the Court may, at any time, order that a document that is not filed in accordance with these Rules or pursuant to an order of the Court or an Act of Parliament be removed from the Court file.
Marginal note:Opportunity for interested parties to be heard
(2) An order may be made of the Court's own initiative under subsection (1) only if all interested parties have been given an opportunity to be heard.
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