Court Procedures Rules 2006

A respondent need not file a notice of cross-appeal if the respondent—

proposes to contend that a question of fact or law has been incorrectly decided against the respondent but does not seek to have the order appealed from set aside or the order amended; or

wants to contend that the order appealed from should be confirmed on a ground other than the ground relied on by the court or tribunal that made the order.

However, the respondent must—

file a notice of contention in the Supreme Court not later than 28 days after the day the notice of appeal is served on the respondent, or not later than any further time allowed by the Supreme Court; and

See approved form 5.6 (Supreme Court—notice of contention) AF2006-390.

Pt 6.2 (Applications in proceedings) applies to an application for further time.

serve a stamped copy of the notice of contention, not later than 7 days after the day the notice of contention is filed, but no later than 5 days before the day for settling the appeal papers, unless the Supreme Court otherwise orders, on the following:

each appellant and any other respondent;

any other party to the proceeding in which the order appealed from was made who would be directly affected by the order that the respondent seeks; and

give notice to the appellant of the record of evidence or documents before the court or tribunal relevant to the respondent’s contention, for inclusion in the appellant’s draft index of the appeal papers; and

when the appeal papers are being settled, ask the Supreme Court to include the record of evidence or documents in the appeal papers.

If a party mentioned in subrule (2) (b) (ii) filed a notice of intention to respond or defence (however described) in the court or tribunal that made the order appealed from, or otherwise gave the court or tribunal an address for service (however described), the notice of contention may be served on the party at the party’s address for service (however described) in the proceeding in which the order appealed from was made.

Part 6.8 (Service) applies to this rule as if a reference to an address for service were a reference to an address for service mentioned in subrule (3).

See in particular r 6420 (Ordinary service—address for service).

The notice of contention must state—

the contention; and

briefly, but specifically, the grounds relied on in support of the contention.

If a respondent is served an amended notice of appeal, the respondent may—

file an amended notice of contention in the Supreme Court not later than 14 days after the day the amended notice is served on the respondent, or not later than any further time allowed by the Supreme Court; and

See approved form 5.6 (Supreme Court—notice of contention) AF2006‑390.

Pt 6.2 (Applications in proceedings) applies to an application for further time.

serve on each party mentioned in subrule (2) (b) a stamped copy of the amended notice of contention, not later than 7 days after the day the notice of contention is filed, unless the Supreme Court otherwise orders.

On the hearing of a contention, the respondent making the contention must not, without the Supreme Court’s leave—

raise any question that is not stated in the notice of contention; or

rely on any ground in support of—

the order sought that is not stated in the notice of contention; or

the amendment of the order sought that is not stated in the notice of contention.

Pt 6.2 (Applications in proceedings) applies to an application for leave.