Marginal note:Computer format
78. The Court or the Judge may authorize the filing of certain documents in the factum in computer format rather than on paper when all of the parties to the appeal consent. The parties shall then file their argument on paper, together with the documents included in Schedule 1 of the factum as well as those parts of the documents included in Schedules 2 and 3 to which they have referred specifically in their argument. The complete text of the documents included in Schedules 2 and 3 are then filed on a CD-ROM or any other computer format that at a minimum has a keyword search capacity and, where possible, hyperlink connections between the index, the proceedings, the exhibits and the depositions.
Marginal note:Abandoned appeals
79. (1) If the appeal is not ready to be placed on the roll within six months after the filing of the notice of appeal provided for in section 32, the Clerk shall provide by registered or certified mail a minimum of 30 days’ notice to the parties and their counsel that the appeal shall be placed on a special roll.
(2) If the appeal is not ready to be placed on the roll on the date mentioned in the notice, the Court, after providing the parties an opportunity to be heard, may declare the appeal abandoned unless a party can show cause otherwise, in which case the Court shall make the order it deems appropriate.
Prior to Date of Coming into Force — Certificate
80. For all appeals filed before date of coming into force of these Rules, the certificate of readiness shall be filed at the Office of the Court within 15 days after the filing of the factums. It shall be on the form in Schedule 3 and bear the signature of the parties’ counsel or of any party not represented by counsel. It shall indicate the name of the counsel responsible for the file.
Marginal note:Certificate not obtained
81. (1) If the appellant does not sign the certificate, the respondent may file a motion to place the case on the roll. The motion shall be accompanied by a certificate bearing the signature of the respondent and served on the opposing party.
(2) If the respondent does not sign the certificate or does not file a factum within the prescribed time limit, the appellant may, in the same manner, seek to have the case placed on the roll.
Marginal note:Motion to place a case on the roll
82. A motion to place a case on the roll shall be presented before the Clerk. If the motion is uncontested, the attendance of the parties or their counsel is not required and the Clerk shall declare the case ready to be placed on the roll. If it is contested, the Clerk shall adjudicate the motion. This may be done by way of telephone conference.
Effect as of Date of Coming into Force
Marginal note:Declaration by the Clerk
83. (1) With effect as of date of coming into force, the Clerk shall declare all cases not under special case management ready to be placed on the roll once all the factums have been filed. The Clerk shall notify the parties by written notice on the form in Schedule 4 and, in addition, indicate the approximate date the appeal will be heard.
Marginal note:Failure of respondent to file
(2) Where the respondent fails to file a factum within the time prescribed, the Clerk may, ex officio or at the request of the appellant, declare the case ready to be placed on the roll. The Clerk shall then notify the parties by written notice on the form in Schedule 4.
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