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Court Martial Appeal Court Rules (SOR/86-959)

Regulations are current to 2020-11-17

Fees and Costs

  •  (1) Where a party other than the Minister is represented by counsel, the Court may direct that all or any of the counsel’s fees in relation to the appeal or application be paid, as taxed by an assessment officer in accordance with the applicable tariff of the Federal Court Rules, 1998.

  • (2) The Court may direct that all or any of the party’s costs in the Court in relation to the appeal or application be paid, as taxed by an assessment officer in accordance with the applicable tariff of the Federal Court Rules, 1998.

  • SOR/2001-91, s. 20
  •  (1) Any taxation pursuant to Rule 21 is subject to review upon application made within 10 days of the date of any such taxation.

  • (2) An application for review under this Rule shall be dealt with by a judge in the first instance, but either party may, within 10 days of the date the judge’s decision is communicated to him, apply for the review of that decision by the Court.

Service of Documents

  •  (1) Subject to subsections (4), (5) and (7), service of a document shall be effected

    • (a) in the case of service on an appellant or applicant, by personal service, registered mail or by a courier that assures service within two days after pick-up, excluding Saturdays and holidays, to the address for service as set out in the Notice of Appeal, Notice of Motion commencing the proceeding or notice of change of address filed with the Registry and served on the other parties and on the Court Martial Administrator;

    • (b) in the case of service on a respondent, by personal service, registered mail or by a courier that assures delivery within two days after pick-up, excluding Saturdays and holidays, to the address for service as set out in the notice referred to in subsection 5(3) or (4) or notice of change of address filed with the Registry and served on the other parties and on the Court Martial Administrator;

    • (c) in the case of service on the Court Martial Administrator, or a person acting on the Court Martial Administrator’s behalf,

      • (i) by mail or courier provided by Canada Post, addressed to

        The Court Martial Administrator
        Office of the Chief Military Judge
        National Defence Headquarters
        Ottawa, Ontario
        K1A 0K2
      • (ii) by personal service or by courier other than Canada Post, addressed to

        The Court Martial Administrator
        Office of the Chief Military Judge
        Asticou Centre, Block 1900
        241 boul. de la Cité-des-Jeunes
        Hull, Quebec
        J8Y 6L2
      • (iii) in the case of service by the Registry, by facsimile with a cover page that has the information set out in subparagraphs (4)(c)(i) and (iii) to (vi), provided that the Court Martial Administrator has furnished a standing revocable notice to the Registry of a facsimile number for that purpose;

    • (d) in the case of the Director of Defence Counsel Services or the Director’s agent:

      • (i) by mail or courier provided by Canada Post, addressed to

        The Director of Defence Counsel Services
        Asticou Centre, Block 1900
        National Defence Headquarters
        Ottawa, Ontario
        K1A 0K2
      • (ii) by personal service or by courier provided by other than Canada Post, addressed to

        The Director of Defence Counsel Services
        Asticou Centre, Block 1900
        241 boul. de la Cité-des-Jeunes
        Hull, Quebec
        J8Y 6L2
      • (iii) by facsimile, in the case of documents served by the Registry, provided that the covering page contains the information required by subparagraphs 4(c)(i) and (iii) to (vi) and that the Director of Defence Counsel Services has given the Registry a facsimile number by permanent and revocable notice;

    • (e) in the case of service on the Minister,

      • (i) by personal service on either the Minister or the Minister’s deputy or agent, or by registered mail addressed to

        The Minister of National Defence
        MGen George R. Pearkes Building
        National Defence Headquarters
        Ottawa, Ontario
        K1A 0K2
      • (ii) in the case of service by the Registry, by facsimile with a cover page that has the information set out in paragraph (4)(c), provided that the Minister has furnished a standing, revocable notice to the Registry of a facsimile number for that purpose;

    • (f) in the case of service on the Attorney General of Canada, by facsimile at (613) 941-2279 or by registered mail addressed to

      The Attorney General of Canada
      East Memorial Building
      284 Wellington Street
      Ottawa, Ontario
      K1A 0H8
    • (g) in the case of service on the attorneys general of the provinces, by facsimile or by registered mail at their facsimile number or address in their respective capital cities.

  • (2) Service of a document is deemed to have taken place on

    • (a) the second day after pick-up of the document by the courier, where the document is served by a courier that assures delivery within two days, excluding Saturdays and holidays; or

    • (b) the fifth day after posting the document, where the document is served by registered mail.

  • (3) When the second or fifth day after the pick-up by the courier or posting of the document falls on a Saturday or holiday, the service is deemed to have taken place on the next day that is not a Saturday or holiday.

  • (4) Service of a document on a party with a counsel of record may be effected

    • (a) by leaving a copy of the document at the counsel’s business address;

    • (b) by mailing a copy of the document to the counsel’s business address;

    • (c) by telephone transmission of a facsimile of the document to the counsel, provided that it includes a cover page setting out

      • (i) the name, address and telephone number of the sender,

      • (ii) the name of the counsel to be served,

      • (iii) the date and time of transmission,

      • (iv) the total number of pages, including the cover page, transmitted,

      • (v) the telephone number of the source of the transmission, and

      • (vi) the name, address and telephone number of a person to contact if transmission problems occur; or

    • (d) in such other manner as a judge may order.

  • (5) A party in custody, not represented by counsel, may file and serve a document by delivering a copy of it to a superior officer or any other person by whom the party is held in custody. The person receiving the document shall make four copies of it and endorse the date of receipt on the original and each copy and shall retain one copy, return one copy to the person in custody and without delay serve the original and remaining copies on the Registry. On receipt of the document, the Registry shall file the original, send a copy to the Court Martial Administrator and the other copy to the counsel of record for the Minister, or, if there is no counsel of record, to the Minister.

  • (6) When a party, in a Notice of Appeal or otherwise, who is not represented by counsel, gives notice of an address for service outside Canada, the Registry shall forthwith refer the matter to the Chief Justice for directions.

  • (7) Where it appears that it is impractical for any reason to effect prompt service of any document on a party in the manner contemplated in subsection (1), the Chief Justice, on ex parte application or of his own motion, may make an order for substituted service or, where justice requires, dispensing with service and any such order shall specify when service is to be effective or the document deemed to have been served.

  • (8) Service of a document shall be proven by

    • (a) an affidavit of service in the form set out in Schedule 8;

    • (b) an acknowledgement of service, endorsed on a copy of the document, that is signed and dated by the party, the party’s counsel or a person employed by the counsel; or

    • (c) a certificate of service by the counsel who served the document, in the form set out in Schedule 9.

  • (9) Where service takes place in the Province of Quebec, service may also be proven by a certificate of a bailiff, sheriff or other authorized person in accordance with the Quebec Code of Civil Procedure.

  • SOR/91-162, s. 2
  • SOR/92-152, s. 9
  • SOR/2001-91, s. 21
 
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