C-25 - Code of Civil Procedure

Section 503.1 Disposition versions

1995-03-16

503.1. Where the factum is not served and filed within the time prescribed by article 503, the appeal is deemed abandoned unless an application for an extension is served and filed at the office of the court by the appellant before the expiry of the prescribed time. The extension may be granted, on a motion, by a judge of the Court of Appeal for a period which, barring exceptional circumstances owing to the nature of the case, may not exceed 30 days.

Where the appellant has not, within the allotted time, filed and served his factum and no application for an extension, or motion under article 505.1, is pending, the clerk of the Court of Appeal shall record the default and issue a certificate stating that the appeal is abandoned with costs.

1979, c. 37, s. 21; 1982, c. 32, s. 40; 1993, c. 30, s. 13; 1995, c. 2, s. 5.

1994-01-01

503.1. Where the factum is not served and filed within the time prescribed in article 503, the respondent may serve and file, at the office of the court, a default notice summoning the appellant to file his factum or to file a motion within 30 days with one of the judges of the Court of Appeal to explain the delay and obtain an extension.

Where the appellant has not served or filed his factum or has not applied for an extension after the expiry of 30 days following service of the default notice, or where his application has been dismissed, the clerk of the Court of Appeal, upon a verbal request by the respondent and the filing of the proof of service of the default notice, shall record the default and issue a certificate stating that the appeal is abandoned with costs.

1979, c. 37, s. 21; 1982, c. 32, s. 40; 1993, c. 30, s. 13.

1982-09-01

503.1. (Repealed).

1979, c. 37, s. 21; 1982, c. 32, s. 40.

1979-09-01

503.1. The parties may attach to the statement a detailed agreement respecting the filing and content of a joint record. Failing an agreement, one of the parties may attach to the statement, or the respondent to his comments, a motion that a judge of the Court of Appeal order the filing of a joint record, containing whatever he determines.

If an agreement or motion respecting the filing of a joint record is not attached to the statement or the comments, the appeal is submitted on the basis of that statement or the comments alone.

1979, c. 37, s. 21.