Once an appeal has been resolved to finality in the Court of Appeal, there is no continuing proceeding in which a notice of motion can be filed, and the Court has no continuing supervisory jurisdiction over all proceedings involving the applicant. A motion to vary under UCPR r 36.16 must be filed within the mandatory time limit.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.