Supreme Court Rules 1987

(1) A respondent may, on summons, apply at any time for an order dismissing an appeal as incompetent.

(2) On the hearing of a summons under subrule (1), the burden of establishing the competency of the appeal is on the appellant.

(3) If an appeal is dismissed by the Court as incompetent, without an application by the respondent under subrule (1):

(a) the respondent must not receive any costs of the appeal, unless the Court otherwise orders;

and

(b) the Court may order that the respondent pay the appellant's costs of the appeal proving useless or unnecessary.