241 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 91 ST. JOHN’S, FRIDAY, AUGUST 12, 2016 No. 32 JUDICATURE ACT COURT OF APPEAL RULES REVISION AND AUGMENTATION OF PRACTICE NOTES IN CIVIL PROCEEDINGS 1. With the adoption of the new Court of Appeal Rules governing civil proceedings, many of the existing Practice Notes issued by the Court under rule 57 of the Rules of the Supreme Court, 1986 , will be obsolete or inaccurate and require revision or repeal. 2. As a result, the Court has prepared a new set of Practice Notes to provide guidance with respect to the operation of the new Rules, effective on the date when those Rules come into force. 3. Accordingly, (

a) all Practice Notes issued by the Supreme Court of Newfoundland and Labrador, Court of Appeal before October 17, 2016 no longer apply to civil proceedings in the Court, and (

b) the following Practice Notes are issued pursuant to rule 4 of the Court of Appeal Rules, NLR 38/16. 4. The Index preceding the individual Practice Notes is provided for guidance but does not form part of the Practice Notes.

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 242 COURT OF APPEAL RULES – CIVIL PROCEEDINGS INDEX OF PRACTICE NOTES – 2016 1. Contents of Notice of Appeal 2. Leave to Appeal 3. Appeals Involving Children 4. Constitution of Five-Judge Panel for Possible Reconsideration of Decision 5. Service of Documents 6. Making a Request 7. Staying an Order Pending Appeal 8. Court Calendar – Designated Hearing Days 9. Setting the Date for Hearing an Appeal 10. Documents Submitted After Hearing Date is Set and Replacement Material 11. Transcript and Agreed Statement of Facts 12. Appeal Book, Fact um and Transcript 13.

Formal Orders 14. Appearing in Court 15. Frequently Cited Cases Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12 COURT OF APPEAL RULES PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2016-01 CONTENTS OF NOTICE OF APPEAL DATE ISSUED: August 12, 2016 RULES AFFECTED: Rule 8 EFFECTIVE DATE: October 17, 2016 The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Rules.

Background In the past, the notice of appeal included a requirement to list the “grounds” of the appeal. Over time, this has led to the submission of notices with exte nsive “boiler plate” grounds which are of limite d use for purposes of understanding the nature o f the appeal. As a result, the rule has been changed to require a

summary of what the appeal is about and what the issues are. This approach is intended to encourage m eaningful notice to the other parties. Th is is necessary, among other reasons, to assi st opposing parties in determining whether they wish to file a notice of cross-appeal. As a result of this change in approach, with the focus on what the appeal is about and what the issues are, stating the basis for the appeal, that is, how the court appealed from erred, may be reserved until drafting of the factum.

This eliminates the necessit y of seeking to amend the notice of appeal to add or reword grounds of appeal as was the case under the former Rules. Practice Note 1. The notice of appeal requir es counsel to focus on what the appeal is about by summarizing the subject matter and setting out the issues which form the basis for the appeal. Care should be taken to draft the document so as to give the opposing party as clear notice as possible early in the appeal process. 2. Section (4) of Form 1 provides a list of particulars which must be considered and, where appropriate, included in the notice of appeal.

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 243 Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12 COURT OF APPEAL RULES PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2016-02 LEAVE TO APPEAL DATE ISSUED: August 12, 2016 RULES AFFECTED: Rules 8, 33 to 35, and 42 EFFECTIVE DATE: October 17, 2016 The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Rules.

Background The Rules have been amended to remove the requirement for leave to appeal with respect to: (1) interlocutory orders (now called “uncompleted matters”); and (2) or ders as to costs only. The most substantial change is the manner of dealing with appeals in uncompleted matters. Under the former Rules, it was often uncertain whether an appeal was, in fact, interlocutory or final. I n addition, in the vast majority of situations, it was most conve nient and expeditious to hear the application for leave at the s ame time as the appeal, thereby negating the usefulness of the leave re quirement.

Also in the vast majority of cases, leave was granted. Accordingly, the rules committee determined that it would be mo re practical to allow a party to appeal an order in an uncompleted matter without having to obtain leave. There is a presumption th at the appellant has good reason for proceeding before the matter is completed in the court appealed from. Consequently, the notice of appeal must include reference to the uncompleted status of the matter and the reason for proceeding at the time (Form 1(4)(b)).

In addition, the rules committee recognized that there may be some circumstances in which an appeal in an uncompleted matter should not proceed until the trial has been co mpleted. Accordingly, rule 35 authorizes an opposing party to apply to have the notice of appeal in an uncompleted matter struck on the basis of prejudice, inconvenience, inefficient use of judicial resources, or for other good reason. The effect would be to delay the appeal until the trial has been comp leted, without prejudice to the appellant to raise the same issue on a subsequent appeal.

Leave is still required under the new rules where (1) required by statute, such as the Class Actions Act (rule 33), (2) the order under appeal is a consent order (rule 34), and (3) an order regarding staying the enforcement of an or der under appeal has been made by the Supreme Court, Trial Division (rule 42(4)). Practice Note 1. Leave to appeal an interlocutory order was rarely denied und er the former Rules. This i ndicates that counsel carefully considered whether it was appropriate to appeal before the trial was completed. It is expected that the same care will be taken under the new Rules.

That is, in de ciding to bring an appeal in an uncompl eted matter or in challenging such an appeal under rule 35, it is expected that counsel will careful ly consider the merits of taking action either to commence an appeal or to launch a challenge to that procedure. Fair ness and the orderly and expeditious administration of justice must be the focus.

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 244 2. Rule 8 requires that a notice of appe al in an uncompleted matter must be fi led within ten days after the order or decision appealed from has been filed. Where the court app ealed from does not provide for filing an order, the ten day limitation period begins to run seven days after the decision is made. 3. Where leave to appeal is required by statute, rule 33 sets out the procedure. The leave application will be heard separately from the appeal unless the C ourt, on application or of its own motion, orders that leave and the appeal be heard together.

In the latter case, submissions on leave must be included in the appeal factum. Where leave is heard before the appeal, the procedure set out in rule 33(3) applies. Counsel should note the time frames set out in the rule. 4. Under rule 34, where the order under appeal is a consent order, leave to appeal is required. The procedure to follow is set out in rule 30 which deals with applications generally. 5. Leave that may be necessary where a party seeks a stay of enforcement of an order under appeal is discussed in Practice Note CAPN No. 2016-07 dealing with stays.

Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12 COURT OF APPEAL RULES PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2016-03 APPEALS INVOLVING CHILDREN DATE ISSUED: August 12, 2016 RULES AFFECTED: Rule 9 EFFECTIVE DATE: October 17, 2016 The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Rules. Background Particular concerns arise when an appeal involving children is delayed.

The child’ s circumstances may ha ve changed since the time of the original judgment such that any variation on appeal, even if legally jus tified on the basis of the trial record, mi ght be counterproductive to the current interests of the child. It is necessary, then, that parties avoid delay in the appeal process, and provide current information regarding a child, where appropriate. Practice Note 1. Counsel involved in an appeal from an order affecting th e interests of a child should familiarize themselves with the provisions of rule 9, and should comply with its letter and spirit. 2.

Rule 9 applies to all appeals and any related proceeding where the interests of a child may be directly affected by the outcome. This includes, but is not limited to, appeals involving (

a) custody, (

b) access, (

c) protective intervention for a child, (

d) guardianship of a child or the estate of a child, (

e) child support,

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 245 (

f) possession of a matrimonial home, (

g) application of a domestic contract, and (

h) change of a child’s name. 3. Counsel should strive to work coope ratively to perfect the appeal and should take all steps needed to expedite (

a) the preparation of any necessary transcripts, and (

b) filing of the appeal book and factums, notwithstanding that time permitted under the Rules has not expired. 4. Cases in which rule 9 is engaged must be given priority. For example, counsel should (

a) carefully consider what portions of the transcript are necessary for preparation of the factum and to enable the issues on appeal to be determined, (

b) undertake any necessary follow-up to ensure timely preparation of any necessary transcript, and (

c) where appropriate, request preparation of the transcript on an overtime basis. 5. The registrar will monitor the progress of an appeal involv ing a child. Counsel is expect ed to provide any assistance and respond to any requests by the registrar in a timely way. 6. Counsel should ensure the provision of current information rega rding a child as specified in rule 9, where appropriate. Rule 9(5) authorizes the provision of information regardi ng any other court proceedings involving a child (Form 9). Rule 9(6) authorizes the provision of current information regarding a child, by affidavit. 7.

Further, any orders that have been made relating to a child must be included in the appeal book (rule 52(1)(a)(vii)). 8. In written submissions and at the hear ing of an appeal it is important to a dvise the Court of any concerns regarding identification of parties where children are involved, including any orders or practices followed in the court appealed from. 9. A party may request or the Court of its own motion may di rect a prehearing conference where necessary or appropriate to expedite the hearing of an appeal involving a child. Where appropriate, the Court may give interim directions or orders.

Where the circumstances warrant , on matters of procedure having no substantive effect, the Court may give directions in the absence of a request or submissions of the parties. Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12 COURT OF APPEAL RULES PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2016-04 CONSTITUTION OF FIVE-JUDGE PANEL FOR POSSIBLE RECONSIDERATION OF PREVIOUS COURT DECISION DATE ISSUED: August 12, 2016 RULES AFFECTED: Rule 12 EFFECTIVE DATE: October 17, 2016

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 246 The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Rules. Background The Judicature Act allows three judges to exercise al l of the powers of the Court: RSNL 1990, c. J-4, s. 7. However, the Chief Justice may designate a larger number of judges to sit as a panel in a particular case.

The practice has developed of constituting a panel of five judges where it is apparent that counsel will submit as part of their argument that a previous decision or legal principle stated by the Court should be reconsidered or reversed in accordance with the limited grounds, as discussed in the case law, upon which reconsideration or reversal is permitted. Counsel do not always make their position w ith respect to reconsideration or reversal clear in the written argument which they file.

Furthermore, argument is sometimes stated in a way that does not expressly invite the Court to reconsider or reverse a previous decision or legal principle, though the result being argued for imp licitly would lead to that result. So that an appropriate panel may be struck, it is important fo r the Court to know well in advance of the hearing date that reconsideration or reversal of a previous decision or legal principle may be engaged, either expressly or implicitly. Practice Note 1.

When crafting their written submissions, co unsel should be alert to the possibility that their arguments, either expressly or implicitly, may involve asking the Court to reconsider or reverse a previous decision or legal principle stated by the Court. 2. At the time of filing their factum, counsel must advise the Court and other parties in writing if they believe that their submissions, including submissions in the alternativ e, may involve submitting that a previous decision or legal principle stated by the Court should be reconsidered or reversed (rule 12(1)). 3.

Where the Chief Justice directs that the appeal will be heard by a panel of 5 judges, every party must file 6 copies of every document (rule 12(2)). 4. Failure to advise the Court and other parties as required by rule 12 may result in a scheduled appeal being delayed until a panel of appropriate size can be constituted and the additional panel members, if any, can familiarize themselves with the appeal materials.

In that case, the Court may make an order regarding costs, or a party adversely affected by the failure of a party to no tify the Court or the other parties may, on taxation, be able to claim (or offset) the additional costs occasioned by that failure. 5.

Where notice of an intention to ask the Court to recons ider or reverse a previous d ecision or legal principle is given and other parties go to extra expense in filing material with respect to that issue or are required to file additional copies of material and it ultimately appears that it was not appropriate for the Court to address reconsideration or reve rsal of the previous decision or legal principle in question, that fact may be taken into account on the issue of costs.

Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12 COURT OF APPEAL RULES PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2016-05 SERVICE OF DOCUMENTS DATE ISSUED: August 12, 2016 RULES AFFECTED: Rule 28 EFFECTIVE DATE: October 17, 2016

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 247 The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Rules. Background The Court of Appeal Rules stand alone and are no longer part of the Rules of the Supreme Court, 1986 . As a result, procedures such as those relating to the service of do cuments must be found in the new Rules or in practice subsequently developed by the Court. Practice Note 1. Documents must be served “without delay”. 2.

Documents are to be served at the address for service that applied in the court appealed from, unless a new address is provided. 3. A party should retain the necessary pr oof of service document (rule 28(8)). However, the document should not be filed with the Court unless proof of service becomes an issue during the appeal proceedings. 4. Where necessary, reference may be made to rule 6, which applies when an issue arises that is not covered by the Rules.

Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12 COURT OF APPEAL RULES PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2016-06 MAKING A REQUEST DATE ISSUED: August 12, 2016 RULES AFFECTED: Rules 7(k), 8(5)(b), 19(1), 21(1), 30(8), 31(3), 53(5), 57(8), 60(2) EFFECTIVE DATE: October 17, 2016 The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Rules.

Background In order to facilitate efficient and cost-effective procedures in appeal proceedings, in specified circumstances, the Rules per mit a party to make a written request to the Court for directions or an order. A request is intended to take the place of an applica tion, which requires a court appearance. Parties are encouraged to use the request procedure to the exte nt possible and appropriate. Ma king a request will not preclude a party from making an application on the same matter should that prove necessary or appropriate.

Copies of a request should be delivered to other parties so that they have notice and are kept informed about the progress in carrying forward the appeal. Practice Note 1. A request is made by delivering a written request to the Court registry. A copy should be delivered to the other parties so that they have notice of the request.

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 248 2. The Rules set out circumstances when a request is an op tion for proceeding. However, a party may use the request procedure in circumstances not covered by the Rules where that would be a reasonable procedure and is accepted by the Court. 3. Where convenient and appropriate, a request may be delivered to the Court by email at COAregistry@gov.nl.ca. However, the Court may direct that a particular request be delivered other than by electronic means.

Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12 COURT OF APPEAL RULES PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2016-07 STAYING AN ORDER PENDING APPEAL DATE ISSUED: August 12, 2016 RULES AFFECTED: Rule 42 EFFECTIVE DATE: October 17, 2016 The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Rules.

Background Filing a notice of appeal does not operate to stay the enforcement of an order under appeal, except in specialized proceedings pursuant to a statute, such as in bankruptcy . A party wishing to stay the enforcement of the order pending appeal must make an application. There are two options: (1) an application to the Co urt of Appeal, or (2) an appli cation in the Supreme Court, Tri al Division. Practice Note 1. A party seeking to stay the enforcement of an order under appeal must make a choice to apply to either the Court of Appeal or the Supreme Court, Trial Division. 2.

If a party chooses to apply directly to the Court of Appeal for a stay (option 1), and the application is heard by a single judge, a party may seek leave of the Chief Justice to have the matter reheard by a panel of judges (rule 31). 3. Where the Court of Appeal has made an order granting or refusing a stay, and there is a change in circumstances, a party may apply for a review of the order based on that change. 4. If an application to stay the enforcement of an order under appeal is made in the Supreme Court, Trial Division (option 2), that decision may be appealed to the Court of Appeal.

In that case, leave to appeal is required. Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 249 COURT OF APPEAL RULES PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2016-08 COURT CALENDAR – DESIGNATED HEARING DAYS DATE ISSUED: August 12, 2016 RULES AFFECTED: Rule 30(7) EFFECTIVE DATE: October 17, 2016 The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Rules.

Background The Court has had a long-standing practice of designating two consecutive weeks out of each month, from the beginning of September to the end of the following June, to be the period during which appeals will normally be heard. In addition, two days per month during the same period are designated for the hearing of applications. This practice enables the parties to anticipate an appropriate sc hedule for having matters heard by the Court. However, the

schedule does not preclude the C ourt from setting appeals or applications to be heard outside the designated times where necessary or appropriate. Practice Note 1. The Court will, prior to April 30 th in each year, prepare and issue a sitting

schedule which shall de signate applications days, hearing days and public holidays for the next C ourt year commencing on the first Monday of September following Labour Day and ending on the Friday nearest the 30th day of the following June. 2. The Court will designate two consecutive weeks out of each month, from the beginning of September to the end of the following June, to be the period during which appeals will normally be heard. 3. The days in each month for the hearing of applications shall be (

a) every second Tuesday beginning with the Tuesda y in September following La bour Day to the Tuesday nearest the 15th day of December, and (

b) every second Tuesday beginning with the Tuesday nearest the 10 th day of January to the Tuesday nearest the 30th day of June, unless any such Tuesday is a public holiday, in which case the next following regular Court day will be the designated applications day. 4. The designated

schedule does not preclud e setting the hearing of an appeal or an application on a day outside the designated

schedule where directed or ordered by a judge. Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 250 COURT OF APPEAL RULES PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2016-09 SETTING THE DATE FOR HEARING AN APPEAL DATE ISSUED: August 12, 2016 RULES AFFECTED: Rule 19 EFFECTIVE DATE: October 17, 2016 The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Rules.

Background With a view to reducing costs to litigants by eliminating unnece ssary court appearances on routine matters, a party may request that a date be set for the hearing of an appeal, without the need for an application. In some cases following perfection of an appeal, the parties will delay making a request to set a date for a hearing. While par ties may have legitimate reasons for so doing, the Court is concerned that there may be other cases, especially in family matters, where the public interest in the timely administration of justice may not be served by delay.

Even though there are mechanisms within the Rules for dealing with inactive cases through deemed abandonment (rule 17) and failure to proceed with an appeal (rule 16), the Court may adopt a shorter time frame to ensure that cases that are perfected a nd awaiting a hearing can be advanced, if it is appropriate to do so. Practice Note 1. Under rule 19(1), a party may obtain a date for the hearing of an appeal without the need for an application. A request is made in writing using Form 6. The following criteria, listed on the Form, must be satisfied: (

a) all factums, the appeal book, and transcri pt as required by rule 47 are filed; (

b) the direction of the Court is not required on any matter before a date is set; and (

c) there is no circumstance requiring a court appearance. 2. Absent special cons iderations, the date requested should fall within two months after the request is made. 3. Parties are encouraged to determine, by reference to the Court’s published calendar of sitting dates, mutually acceptable dates during the following two months when the parties would be available to appear on the appeal. 4. If necessary, the registrar may attempt to contact the parties to confirm an acceptable date for the hearing of the appeal.

If the registrar does not receive a reply fro m the parties within 3 days of having attempted to contact them, the registrar may proceed to set a date for the hearing in accordance with the requesting party’s proposal. 5. The registrar may convene a conference cal l with all parties, with or without the participation of the Chief Justice or his or her designate, to resolve scheduling arrangements. 6. The registrar may decline to set a date in accordance with this procedure and require that an application using Form 7 be made to the Court where (

a) it appears that any of the conditions in Form 6 is not satisfied, (

b) one of the parties objects to setting a date without an application being made, (

c) the registrar concludes that for any ot her reason an application should be made. 7. If the registrar sets a date under rule 19(1), the parties will be notified in writing that the appeal will be heard on that date.

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 251 8. Parties are encouraged to set hearing dates by means of a request rather than an application. 9. Where a party unnecessarily or unreasona bly requests that a date be set by m eans of the application procedure, the presiding judge may take that fact into consideration in deciding to award costs of the application against that party. 10.

A taxing master may take into consideration whether an application to set a date wa s unnecessarily or unreasonably made in deciding to deny costs of such application to a party who is otherwise entitled to costs following an appeal. 11. In the absence of good reasons to the contrary, an appellant will be expected to request or apply for a date for the hearing of the appeal within 60 days after the respondent’s factum is filed. 12.

Where 60 days have elapsed since the filing of the responde nt’s factum, the registrar may contact the parties to inquire as to the reasons for not reques ting a hearing date and may require that the r easons be stated in writing. In the absence of good reasons, the registrar, on the instructions of the Chief Justice, may give notice to the parties that the matter will be called at a subsequent applications date for a judge to determine whether a hearing date should nevertheless be set.

Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12 COURT OF APPEAL RULES PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2016-10 DOCUMENTS SUBMITTED AFTER HEARING DATE IS SET OR REPLACING MATERIALS FILED EARLIER DATE ISSUED: August 12, 2016 RULES AFFECTED: Rules 26 and 56 EFFECTIVE DATE: October 17, 2016 The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Rules.

Background In order for counsel and the panel assigned to an appeal to ha ve sufficient opportunity to prepare for the hearing, it is essen tial that all materials be filed in a timely manner. It is also important for the Court and parties to consider all relevant judicial authority. To ensure that the panel and the parties have reference to the correct materials in preparing for a hearing, where replacement materials are filed, it is essential that the Court and the other parties be clearly advised in a timely manner. Practice Note 1.

After a hearing date has been set for an appeal, the registry will mark as received, but will not file, a document subsequently delivered to the Court. The panel assigned to the appeal will determine the extent to which the document may be used for purposes of the appeal. 2. Where a relevant judicial decision becomes available after the hearing date has been set for an appeal, the appellant, or another party, should, without delay, deliver one copy of the decision to each other party and 4 copies to the Court with 4 copies of an appropriate covering letter.

Unless it is unavoidable, counsel should not wait until the hearing to provide copies of judicial decisions. 3. Where a party submits a document replacing a document filed earlier, a statement must be placed on the cover of the document clearly indicating:

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 252 (

a) that it is a replacement, and (

b) identifying the document that it is replacing. Four copies of an appropriate covering letter should a ccompany the replacement document delivered to the Court. 4. A party becoming aware of a decision on point that was not cited or referenced in the written submissions or at the hearing should, without delay, deliver one copy of the decision to each party and 4 copies to the Court with 4 copies of an appropriate covering letter.

Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12 COURT OF APPEAL RULES PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2016-11 TRANSCRIPT AND AGREED STATEMENT OF FACTS DATE ISSUED: August 12, 2016 RULES AFFECTED: Rules 46 to 51 EFFECTIVE DATE: October 17, 2016 The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Rules.

Background The filing of unnecessary portions of the transcript increases co sts, is a waste of resources and unduly delays the time necess ary for the appeal process. In the past, in preparation for an appeal, appellant’s counsel frequently requested the preparation of , and filed with the Court, the entire transcript of the evidence taken at trial, and in some cases included the submissions of trial counsel and discussions between the trial judge and counsel. Panels hearing appeals have found that th e full transcript is, in most cases, unnecessa ry for purposes of determining the issue s under appeal.

Often, even a portion of the transcript is unnece ssary. Under rule 47(2) the portion of transcript to be filed is limited to the portion “that is necessary to enable the issues on appeal to be determined”. Where the factum does not refer to the transcript, one must question whether any portion of the transcript should be filed. Rule 46 provides for counsel to obtain the portion of the transcript “necessary to prepare the factum and to enable the issues on appeal to be determined”. In order to prepare the factum, counsel may wish to obtain all or a portion of the transcript.

Howe ver, it does not follow that all or a portion of the transcript should be filed. Once the factum is written, it should be clear whether the whole, a part, or none of the transcript should be filed. It is for this reason that the transcript is to be filed at the same time as the factum. To ensure that counsel has reviewed the issues discussed in the factum in order to ascertain what portion, if any, of the trans cript is required for purposes of determining the appeal, rule 47(2)(

b) requires counsel to file a certificate in Form 5. To avoid the need for a transcript, the option of proceeding by way of an agreed statement of facts drafted for purposes of the appeal is available.

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 253 Practice Note 1. Counsel are expected to re view and familiarize themselves with the rule s respecting the use of transcripts on appeals and to promote their underlying purpose. 2. The appellant is required to obtain a copy of the audio recording from the court appealed from without delay, and to deliver a copy to each party (rule 46(2)). 3. The next step is for the a ppellant, without delay, to ascerta in whether all or a portion of the transcript is necessary in order to prepare the factum and to determine the issues on appe al.

Rule 46 sets out the procedure. It should be noted that rule 46(3) requires the appellant to proceed without delay and to provide the other parties with information regarding preparation of a transcript. 4. Under rule 47, the appellant is required to file only the portions of the transcript “necessary to enable the issues on appeal to be determined”. Should the respondent, or another appellant where there is more than one appellant, determine that additional portions of the transcript are required, those portions may be filed with that party’s factum.

A certificate comparable to that required to be filed by the appellant applies with the necessary changes. 5.

The appellant is also required to file one electronic versi on of the transcript where a transcript of the entire evidence has been prepared; or, where only part of the transcript has been prepared, one electronic version of the transcript together with one copy of the audio recording (rule 48). “Electronic version” is defined as a version in a format acceptable to the Court. “Transcript” is defined as a printed transcri pt of the evidence, which does not include submissions by counsel unless they are necessary for determination of the issues under appeal. 6.

Counsel are encouraged to make use of an agreed stat ement of facts, prepared for purposes of the appeal, where appropriate, such as where the appeal e ngages issues of law without any disput e as to the facts. Where the matter proceeded on an agreed statement of facts in the court appeal ed from, that document must in any event be filed in the Appeal Book (rule 52(1)(a)(vi)). 7. A party may apply for an order and directions permitting the use of the electronic rather than a paper version of the transcript, or, in appropriate circumstances, the audio recording (rule 49).

The Court may, of its own motion, dispense with the preparation and filing of a transcript and order that the appeal proceed using an audio recording of the proceedings in the court or tribunal appealed from. 8. Where at any time it appears to the Court that delays in the preparation of a transcript or delays for any other reason are unexplained, the registrar, on th e instructions of the Chief Justice, may se t the matter down for a status hearing or a prehearing conference.

Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12 COURT OF APPEAL RULES PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2016-12 APPEAL BOOK, FACTUM AND TRANSCRIPT DATE ISSUED: August 12, 2016 RULES AFFECTED: Rules 52 to 56 EFFECTIVE DATE: October 17, 2016 The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Rules.

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 254 Background Rule 56 provides that the appeal book, factum and transcript, are to be filed at the same time. The purpose is to limit the filing of unnecessary documents for purposes of an appeal. Delaying the filing of the appeal book and transcript until the factum has been prepared should result in the submission of only relevant portions of the record. To facilitate hearing of the appeal and drafting reasons for a decision, compliance with the technical aspects of the Rules is important.

While it does not impact content or merit, failure to conform to the technical requirements of the Rules and provid e proper indexing, references and citations creates inconvenience and difficulties for the judges.

More common failures include: Filing extensive transcripts without indexing, dating and tabbing or any other means to locate evidence; Failure to include citations of cases from legal publications in the Index of Authorities, and providing only a CanLII citation (rule 54(1)); Improper use of footnotes (rule 53(3)); Failure to number the pages of the appeal book; Failure to use the correct colour of cover for a document; Failure to place the Index of Authorities after

Part V in the factum; Failure to bind the factum properly; Failure to file a clean copy of the decision under appeal; Failure to follow the order for placing documents in the appeal book and factum. Filing a factum in excess of 40 pages shoul d be necessary only in rare circumstances . Counsel should have good reason for requesting leave to file a factum exceeding the limit. Practice Note 1. The appeal book and transcript are to be filed at the same time as the factum. This should ensure that only materials necessary for the appeal will be filed. 2.

It is important for c ounsel and their assistants to be familiar with the tec hnical rules for filing th e appeal book, factum and transcript (rules 52 to 56). The registry may refuse to accept materials that are not in substantial compliance, resulting in extra expense and time. 3. It is important to deal with the question of costs in the submissions in the factum. If counsel is submitting that costs, either in its favour or against it, should be ordered other th an under column 3 of the scale of costs, that should be made clear along with the reasons supporting the request. 4.

Where a party wishes to exceed the 40-page limit for written argument imposed by rule 53(1)(e), a request, not an application, should be made to the Ch ief Justice. See CAPN No. 2016-06 for the relevant procedure. A copy of the request should be provided to the other parties. The reques t must state the reasons why it is not possible to comply with the 40-page limit. Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 255 COURT OF APPEAL RULES PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2016-13 FORMAL ORDERS DATE ISSUED: August 12, 2016 RULES AFFECTED: Rule 57 EFFECTIVE DATE: October 17, 2016 The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Rules. Background It is important to avoid delays in filing formal orders. Ru le 57 places the responsibility on th e successful party to prepare a draft order which is to be provided to the other parties.

The other parties are required to respond to the draft without delay. The parties have 30 days within which to provide a draft to the C ourt. If there are special circumstances making compliance with t he rule difficult or inappropriate, the parties may make a request or an application under rule 57(8). It should not fall to the Court to ensure compliance with rule 57. Nor should it be necessary for the registrar to remind the parties of their responsibility to provide a draft formal order. Rule 57(6) provides that the Court shall determine and approve the final formal order.

Undue and unexplained delay by the parties in filing a draft formal order may result in the Court proceeding to draft and file the order. Practice Note 1. In accordance with the Code of Professional Conduct and their general duty to act in a timely way under the Rules, counsel are reminded that they are expected to comply with rule 57 without undue de lay in the preparation and submission of a draft formal order reflecting the disposition of an appeal. 2.

It is expected that a draft formal order will be subm itted within 30 days after the Court’s judgment is filed unless a written request or application is made under rule 57(8) to extend the time for submitting the draft or to clarify a point of contention. 3. Reference to the nature of a dissent in a judgment is to be included in the order. 4. Where the parties fail to comply with their responsibilitie s under rule 57, the Court may proceed to prepare and file the formal order.

Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12 COURT OF APPEAL RULES PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2016-14 APPEARING IN COURT DATE ISSUED: August 12, 2016 EFFECTIVE DATE: October 17, 2016

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 256 The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Rules. Practice Note 1. The proper form of address for j udges of the Court of Appeal is “Justi ce”, “Mr. Justice”, “Madam Justice”, or “Chief Justice”, as the case may be. 2. Gowned dress is to be worn by counsel for all appearances in court. 3. The front counsel table is reserved for counsel with the designation Q.C., unless otherwise directed by the Court.

Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12 COURT OF APPEAL RULES PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2016-15 FREQUENTLY CITED CASES – CIVIL DATE ISSUED: August 12, 2016 RULES AFFECTED: Rule 54(3) EFFECTIVE DATE: October 17, 2016 The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Rules. Background Rule 54 requires a party to file copies of case authorities.

However, where a case is included in a list of “Frequently Cited Cases” in a practice note, a copy should not be included in the Book of Authorities (rule 54(3)). This is because the members of the panel will have copies of those cases, or portions thereof, readily accessible. Provi ding an additional copy is unnecessary an d inefficient. Appended to this Practice Note is a list of “Frequently Cited Cases – Civil”, in alphabetical order. There is also a list of the same cases arranged by topic. The lists will be reviewed and updated periodically.

It is important to note that the citations re fer to specific paragraphs or pages of the case. It is only those paragraphs or p ages, together with the headnote, that will be readily accessible to the judges. The rationale for limiting the copies in this way is that these cases are generally lengthy and the reason they are frequently cited is to state general principles or legal tests. Accordingly, if a party is relying on additional portions of the case, it will be necessary to include a copy in the Book of Authorities. Practice Note 1.

A copy of the case referenced in the appended list shoul d not be included in the Book of Authorities (rule 53(1)(h)). Where reliance is placed on paragraphs or pages in addition to those cited in the list, it will be necessary to provide a copy. 2. It is essential that the citation, as required under rule 54(1), be included in th e Index of Authorities in the factum (rul e 53(1)(g)). This Practice Note affects only copying of cases to be filed. It does not alter the requirement for a correct and complete citation.

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 257 3. The inclusion of a case, or portions th ereof, on the appended list is simply an indication that it is frequently cited and that a copy is readily accessible to the judges. 4. The appended list will be periodically assessed and updated in accordance with the procedure adopted by the Court. Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12 Appendix to CAPN No. 2016-15

(1) Alphabetical List of Frequently Cited Cases – Civil Alberta (Information and Privacy Commissione

r) v. Alberta Teac hers’ Association, 2011 SCC 61, [2011] 3 S.C.R. 654 - paras. 22-52 (standard of review of tribunal decisions – after Dunsmuir) Archean Resources Ltd. v. Newfoundland, 2002 NFCA 43, 215 Nfld. & P.E.I.R. 124 - paras. 14-32 (statutory

interpretation) Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817 -paras. 18-43 (procedural fairness – tribunals) Bracklow v. Bracklow, [1999] 1 S.C.R. 420 - paras. 16-57 (non-compensatory spousal support) Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331 - para. 44 (exceptions to stare decisis) Cojocaru v. British Columbia Women’s Hospital and Health Centre , 2013 SCC 30, [2013] 2 S.C.R. 357 - paras. 14-76 (adequate reasons in civil cases) Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190 - paras. 43-64 (standard of review of tribunal decisions) F.H. v.

McDougall, 2008 SCC 53, [2008] 3 S.C.R. 41 - paras. 40-50 (balance of probabilities) Fahey v. Newfoundland (The Law Society of), 2003 NLCA 8, 221 Nfld. & P.E.I.R. 79 - paras. 8-14 (reinstatement of abandoned appeal) Fahey v. The Law Society of Newfoundland, 2000 NFCA 19 - para. 3 (extension of time to file notice of appeal) Faryna v. Chorny, [1952] 2 D.L.R. 354 (BCCA) (credibility) Gordon v. Goertz , [1996] 2 S.C.R. 27 - paras. 9-16 (custody - material ch ange of circumstances); 49-50 (best interests of the child) H.L. v.

Canada (Attorney General), 2005 SCC 25, [2005] 1 S.C.R. 401 - paras 52-76 (palpable and overriding error) Hickey v. Hickey, [1999] 2 S.C.R. 518 - paras. 10-12 (standard of review of support orders) Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 - paras. 1-37 (standard of review in civil cases, not tribunals)

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 258 Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87 - paras. 23-33 (proportionality) J. F., Re, 2005 NLCA 34, 247 Nfld. & P.E.I.R. 354 - para. 9 (state-funded counsel in child-protection proceedings) Kerr v. Baranow, 2011 SCC 10, [2011] 1 S.C.R. 269 - paras. 30-124 (unjust enrichment) Langor v. Spurrell (1997), 157 Nfld. & P.E.I.R. 301 (C.A.) - paras. 32-34 (standard of review - discretionary decisions) Layman v Layman Estate , 2016 NLCA 13, 375 Nfld. & P.E.I.R. 106 - para. 18 (standard of review of Trial Division decisions reviewing tribunal) Matchim v.

BGI Atlantic Inc., 2010 NLCA 9, 294 Nfld. & P.E.I.R. 46 – paras. 93-109 (new trial or substituting decision - factors) Metal World Inc. v. Pennecon Energy Ltd., 2014 NLCA 10, 346 Nfld. & P.E.I.R. 302 - paras. 4-19 (reconsideration) Miglin v. Miglin, 2003 SCC 24, [2003] 1 S.C.R. 303 - paras. 64-91 (separation agreements) Moge v. Moge, [1992] 3 S.C.R. 813 - pages 858-875 (compensatory spousal support) New Brunswick (Minister of Health and Community Services) v. G. (J.) , [1999] 3 S.C.R. 46 - paras. 56-101 (state-funded counsel in child-protection proceedings) Newfoundland and Labrador Nurses' Union v.

Newfoundland and Labrador (Treasury Board) , 2011 SCC 62, [2011] 3 S.C.R. 708 - paras. 11-22 (adequacy of reasons – tribunal decisions) R. v. Oakes, [1986] 1 S.C.R. 103 - para. 70 (section 1 of the Charter) RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311 - pages 333-349 (stays and interlocutory injunctions) Van de Perre v. Edwards, 2001 SCC 60, [2001] 2 S.C.R. 1014 - paras. 9-15 (standard of review of custody orders) Willick v. Willick, [1994] 3 S.C.R. 670 - paras. 20-25 (support - material change of circumstances) Young v. Young, [1993] 4 S.C.R. 3 - pages 134-138 (exceptional costs orders)

(2) Topical List of Frequently Cited Cases – Civil Tribunal Appeals Standard of review of tribunal decisions – after Dunsmuir: Alberta (Information and Privacy Commissioner) v. Alberta Teachers’ Association, 2011 SCC 61, [2011] 3 S.C.R. 654 - paras. 22-52 Standard of review of tribunal decisions: Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190 - paras. 43-64 Procedural fairness – tribunals: Baker v.

Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817 - paras. 18-43 Standard of review of Trial Divi sion decisions reviewing tribunal: Layman v Layman Estate , 2016 NLCA 13, 375 Nfld. & P.E.I.R. 106 - para. 18 Adequacy of reasons – tribunal decisions: Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board), 2011 SCC 62, [2011] 3 S.C.R. 708 - paras. 11-22

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 259 Newfoundland and Labrador Trial Division (General) Appeals Standard of review in civil cases, not tribunals: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 - paras. 1-37 Palpable and overriding error: H.L. v. Canada (Attorney General), 2005 SCC 25, [2005] 1 S.C.R. 401 - paras 52-76 Standard of review - discretionary decisions: Langor v. Spurrell (1997), 157 Nfld. & P.E.I.R. 301 (C.A.) - paras. 32-34 Newfoundland and Labrador Trial Division (Family) Appeals Custody - material change of circumstances; best interests of the child: Gordon v.

Goertz, [1996] 2 S.C.R. 27 - paras. 9-16; paras. 49-50 Non-compensatory spousal support: Bracklow v. Bracklow, [1999] 1 S.C.R. 420 - paras. 16-57 Compensatory spousal support: Moge v. Moge, [1992] 3 S.C.R. 813 - pages 858-875 Standard of review of support orders: Hickey v. Hickey, [1999] 2 S.C.R. 518 - paras. 10-12 Unjust enrichment: Kerr v. Baranow, 2011 SCC 10, [2011] 1 S.C.R. 269 - paras. 30-124 Separation agreements: Miglin v. Miglin, 2003 SCC 24, [2003] 1 S.C.R. 303 - paras. 64-91 Court of Appeal Reinstatement of abandoned appeal: Fahey v.

Newfoundland (The Law Society of) , 2003 NLCA 8, 221 Nfld. & P.E.I.R. 79 - paras. 8-14 Extension of time to file notice of appeal: Fahey v. The Law Society of Newfoundland, 2000 NFCA 19 - para. 3 State-funded counsel in child-protection proceedings: J. F., Re, 2005 NLCA 34, 247 Nfld. & P.E.I.R. 354 - para. 9 State-funded counsel in child-protection proceedings: New Brunswick (Minister of Health and Community Services) v. G. (J.) , [1999] 3 S.C.R. 46 - paras. 56-101 Reconsideration: Metal World Inc. v.

Pennecon Energy Ltd., 2014 NLCA 10, 346 Nfld. & P.E.I.R. 302 - paras. 4-19 Stays and interlocutory injunctions: RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311 - pages 333-349 Standard of review of custody orders: Van de Perre v. Edwards, 2001 SCC 60, [2001] 2 S.C.R. 1014 - paras. 9-15 Support - material change of circumstances: Willick v. Willick, [1994] 3 S.C.R. 670 - paras. 20-25

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 260 General Statutory

interpretation: Archean Resources Ltd. v. Newfoundland, 2002 NFCA 43, 215 Nfld. & P.E.I.R. 124 - paras. 14-32 Exceptions to stare decisis: Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331 - para. 44 Adequate reasons in civil cases: Cojocaru v. British Columbia Women’s Hospital and Health Centre , 2013 SCC 30, [2013] 2 S.C.R. 357 - paras. 14-76 Balance of probabilities: F.H. v. McDougall, 2008 SCC 53, [2008] 3 S.C.R. 41 - paras. 40-50 Credibility: Faryna v. Chorny, [1952] 2 D.L.R. 354 (BCCA) Proportionality: Hryniak v.

Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87 - paras. 23-33 New trial or substituting decision – factors: Matchim v. BGI Atlantic Inc., 2010 NLCA 9, 294 Nfld. & P.E.I.R. 46 - paras. 93-109

Section 1 of the Charter: R. v. Oakes, [1986] 1 S.C.R. 103 - para. 70 Exceptional costs orders: Young v. Young, [1993] 4 S.C.R. 3 - pages 134-138 Aug 12 COURT OF APPEAL CRIMINAL APPEAL RULES

(2002) PRACTICE NOTE – CRIMINAL PROCEEDINGS CAPN No. 2016-16 FREQUENTLY CITED CASES – CRIMINAL DATE ISSUED: August 12, 2016 EFFECTIVE DATE: October 17, 2016 The following Practice Note was filed wi th the registrar of the Court of Appeal and is published under rule 27 of the Supreme Court of Newfoundland and Labrador – Court of Appeal Criminal Appeal Rules (2002) and rule 4 of the Court of Appeal Rules, NLR 38/16. Background Rules 14 and 15 of the Court of Appeal Criminal Appeal Rules (2002) require a party to file copies of case authorities.

However, where a case is included in a list of “Frequently Cited Cases” in a practice note, it is unnecessary to include a copy in the B ook of Authorities. This is because the members of the panel will have copies of those cases, or portions thereof, readily accessible . Providing an additional copy is unnecessary and inefficient. Appended to this Practice Note is a list of “Frequently Cited Case s – Criminal”, in alphabetical order. There is also a list o f the same cases arranged by topic. The lists will be reviewed and updated periodically.

It is important to note that the citations re fer to specific paragraphs or pages of the case. It is only those paragraphs or p ages, together with the headnote, that will be readily accessible to the judges. The rationale for limiting the copies in this way is that these cases are generally lengthy and the reason they are frequently cited is to state general principles or legal tests. Accordingly, if a party is relying on additional portions of the case, it will be necessary to include a copy in the Book of Authorities.

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 261 Practice Note 1. A copy of the case referenced in the appended list should not be included in the Book of Authorities. Where reliance is placed on paragraphs or pages in addition to those cited in the list, it will be necessary to provide a copy. 2. It is essential that the citation be included in the Index of Authorities in the factum. This Practice Note affects only copying of cases to be filed. It does not alter the requirement for a correct and complete citation. 3.

The inclusion of a case, or portions th ereof, on the appended list is simply an indication that it is frequently cited and that a copy is readily accessible to the judges. 4. The appended list will be periodically assessed and updated in accordance with the procedure adopted by the Court. Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Registrar Court of Appeal Aug 12 Appendix to CAPN No. 2016-16

(1) Alphabetical List of Frequently Cited Cases – Criminal Palmer v. The Queen, [1980] 1 S.C.R. 759 - page 775 (test for the admission of fresh evidence on appeal) R. v. Adams, 2011 NLCA 3, 303 Nfld. & P.E.I.R. 247 - paras. 7-8 (leave to appeal from

summary conviction appeal) R. v. Babos, 2014 SCC 16, [2014] 1 S.C.R. 309 - paras. 31-47 (stay of proceedings for abuse of process) R. v. Biniaris, 2000 SCC 15, [2000] 1 S.C.R. 381 - para. 18 (right to appeal from a substituted verdict); para. 23 (application of a legal standard is a question of law); paras. 36-42 (test for unreasonable verdict) R. v. Côté, 2011 SCC 46, [2011] 3 S.C.R. 215 - paras. 45-89 (test for exclusion of evidence under s. 24(2) of the Charter) R. v. Dinardo, 2008 SCC 24, [2008] 1 S.C.R. 788 - paras. 24-35 (duty to give reasons) R. v.

Gagnon , 2006 SCC 17, [2006] 1 S.C.R. 621 - para. 10 (credibili ty findings overturned only if a palpable and overriding error is shown); paras. 13-16, 20-23 (duty to give reasons) R. v. Grant, 2009 SCC 32, [2009] 2 S.C.R. 353 - paras. 28-44 (test fo r detention); paras. 71-128 (test for exclusion of evidence under s. 24(2) of the Charter) R. v. Hutchings, 2012 NLCA 2, 316 Nfld. & P.E.I.R. 211 - para. 84 (applying the totality principle when sentencing) R. v. J.M.H., 2011 SCC 45, [2011] 3 S.C.R. 197 - paras. 24-39 (what questions are “questions of law alone”) R. v.

Khan, [1990] 2 S.C.R. 531 - pages 538 (when can a person give evidence under oath); 546-548 (test for the admissibility of hearsay evidence) R. v. Lacasse , 2015 SCC 64, [2015] 3 S.C.R. 1089 - paras. 36-55 (when a c ourt of appeal may intervene in a sentence appeal); paras. 56-67 (the relevance of sentencing ranges) R. v. M. (C.A.), [1996] 1 S.C.R. 500 - para. 90 (when a court of appeal may intervene in a sentence appeal) R. v. McDonnell, [1997] 1 S.C.R. 948 - para. 16 (when a court of appeal may intervene in a sentence appeal)

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 262 R. v. Meer, 2016 SCC 5 – all (ineffective assistance of trial counsel) R. v. Mian, 2014 SCC 54, [2014] 2 S.C.R. 689 - paras. 29-60 (new issues on appeal) R. v. Murphy, 2011 NLCA 16, 304 Nfld. & P.E.I.R. 266 – para. 27 (breaches of probation – sentencing) R. v. Nixon , 2011 SCC 34, [2011] 2 S.C.R. 566 - pa ras. 18-32 (review of prosecutorial discretion); paras 33-54 (stay of proceedings for abuse of process) R. v. Oakes, [1986] 1 S.C.R. 103 - para. 70 ( s. 1 of the Charter) R. v.

O’Connor , [1995] 4 S.C.R. 411 - paras. 59-83 (abuse of process at common law and under s. 7 of the Charter); 97-187 (process for getting disclosure in possession of third parties) R. v. Oxford, 2010 NLCA 45, 299 Nfld. & P.E.I.R. 327 - para. 61 (when can a court reject a joint submission on sentencing?) R. v. Proulx, 2000 SCC 5, [2000] 1 S.C.R. 61 - para. 127 (when is it appropriate to impose a conditional sentence order) R. v. R.E.M., 2008 SCC 51, [2008] 3 S.C.R. 3 - paras. 8-36 (duty to give reasons) R. v. R.P., 2012 SCC 22, [2012] 1 S.C.R. 746 - paras. 9-10 (test for unreasonable verdict) R. v.

Ryan , 2008 NLCA 42, 277 Nfld. & P.E.I.R. 167 - para. 9 (t est for appointment of counsel under s. 684 of the Criminal Code) R. v. Sheppard, 2002 SCC 26, [2002] 1 S.C.R. 869 - para. 55 (duty to give reasons) R. v. Shropshire , [1995] 4 S.C.R. 227 - paras. 38-42 (sentencing and the ri ght to silence); paras. 46- 48 (when a court of appeal may intervene in a sentence appeal) R. v. Stinchcombe, [1991] 3 S.C.R. 326 - pages 336-348 (Crown’s disclosure obligations) R. v. Suberu , 2009 SCC 33, [2009] 2 S.C.R. 460 - paras. 21-25 (test fo r detention); para. 41 (meanin g of “without delay” in s. 10(

b) of the Charter) R. v. W. (D.), [1991] 1 S.C.R. 742 - pages 757-758 (assessing evidence when accused testifies) R. v. Yebes, [1987] 2 S.C.R. 168 - pages 180-190 (test for unreasonable verdict)

(2) Topical List of Frequently Cited Cases – Criminal Appellate Procedure in Criminal Cases New issues on appeal: R. v. Mian, 2014 SCC 54, [2014] 2 S.C.R. 689 - paras. 29-60 Test for the admission of fresh evidence on appeal: Palmer v. The Queen, [1980] 1 S.C.R. 759 - page 775 Test for appointment of counsel under s. 684 of the Criminal Code: R. v. Ryan, 2008 NLCA 42, 277 Nfld. & P.E.I.R. 167 - para. 9

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 263 Leave to appeal from

summary conviction appeal: R. v. Adams, 2011 NLCA 3, 303 Nfld. & P.E.I.R. 247 - paras. 7-8 Ineffective assistance of trial counsel: R. v. Meer, 2016 SCC 5 - all Sentencing Issues When a court of appeal may intervene in a sentence appeal: R. v. Shropshire, [1995] 4 S.C.R. 227 - paras. 46-48; sentencing and the right to silence - paras. 38-42 When a court of appeal may intervene in a sentence appeal: R. v. M. (C.A.), [1996] 1 S.C.R. 500 - para. 90 When a court of appeal may intervene in a sentence appeal: R. v.

McDonnell, [1997] 1 S.C.R. 948 - para. 16 When a court of appeal may intervene in a sentence appeal: R. v. Lacasse , 2015 SCC 64, [2015] 3 S.C.R. 1089 - paras 36-55; relevance of sentencing ranges -paras. 56-67 Breaches of probation – sentencing: R. v. Murphy, 2011 NLCA 16, 304 Nfld. & P.E.I.R. 266 - para. 27 When is it appropriate to impose a conditional sentence order: R. v. Proulx, 2000 SCC 5, [2000] 1 S.C.R. 61 - para. 127 Applying the totality principle when sentencing: R. v. Hutchings, 2012 NLCA 2, 316 Nfld. & P.E.I.R. 211 - para. 84 When can a court reject a joint submission on sentencing?: R. v.

Oxford, 2010 NLCA 45, 299 Nfld. & P.E.I.R. 327 - para. 61 Evidence Assessing evidence when accused testifies: R. v. W. (D.), [1991] 1 S.C.R. 742 - pages 757-758 Test for exclusion of evidence under s. 24(2) of the Charter: R. v. Côté, 2011 SCC 46, [2011] 3 S.C.R. 215 - paras. 45-89 Test for exclusion of evidence under s. 24(2) of the Charter: R. v. Grant, 2009 SCC 32, [2009] 2 S.C.R. 353 - paras. 71-128 Test for the admissibility of hearsay evidence: R. v.

Khan , [1990] 2 S.C.R. 531 - page 538; When can a person give evidence under oath - pages 546-548 Credibility findings overtur ned only if a palpable and overriding error is shown: R. v. Gagnon , 2006 SCC 17, [2006] 1 S.C.R. 621 - para. 10 Crown’s disclosure obligations: R. v. Stinchcombe, [1991] 3 S.C.R. 326 - pages 336-348 Judicial Interim Release Test for detention: R. v. Suberu, 2009 SCC 33, [2009] 2 S.C.R. 460 - paras. 21-25; meaning of “without delay” in s. 10(

b) of the Charter - para. 41 Test for detention: R. v. Grant, 2009 SCC 32, [2009] 2 S.C.R. 353 - paras. 28-44

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 264 General What questions are “questions of law alone”?: R. v. J.M.H., 2011 SCC 45, [2011] 3 S.C.R. 197 - paras. 24-39 Application of a legal standard is a question of law: R. v. Biniaris, 2000 SCC 15, [2000] 1 S.C.R. 381 - para. 23 Duty to give reasons: R. v. Sheppard, 2002 SCC 26, [2002] 1 S.C.R. 869 - para. 55 Duty to give reasons: R. v. Dinardo, 2008 SCC 24, [2008] 1 S.C.R. 788 - paras. 24-35 Duty to give reasons: R. v. Gagnon, 2006 SCC 17, [2006] 1 S.C.R. 621 - paras. 13-16 and 20-23 Duty to give reasons: R. v.

R.E.M., 2008 SCC 51, [2008] 3 S.C.R. 3 - paras. 8-36 Test for unreasonable verdict: R. v. R.P., 2012 SCC 22, [2012] 1 S.C.R. 746 - paras. 9-10 Test for unreasonable verdict: R. v. Yebes, [1987] 2 S.C.R. 168 - pages 180-190 Test for unreasonable verdict: R. v. Biniaris, 2000 SCC 15, [2000] 1 S.C.R. 381 - paras. 36-42; right to appeal from a substituted verdict - para. 18 Abuse of process at common law and under s. 7 of the Charter: R. v. O'Connor , [1995] 4 S.C.R. 411- paras 59-83; process for getting disclosure in possession of third parties - paras. 97-187 Stay of proceedings for abuse of process: R. v.

Babos, 2014 SCC 16, [2014] 1 S.C.R. 309 - paras. 31-47 Stay of proceedings for abuse of process: R. v. Nixon, 2011 SCC 34, [2011] 2 S.C.R. 566 - pa ras. 33-54, review of prosecutorial discretion - paras. 18-32

Section 1 of the Charter: R. v. Oakes, [1986] 1 S.C.R. 103 - para. 70 Aug 12 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION CITY OF ST. JOHN’S PERSONAL CARE HOME IN THE RURAL ZONE TAKE NOTICE that two (2) amendments adopted on the 30th day of May, 2016, and approved on the 12 th day of July, 2016, have been registered by the Minister of Municipal Affairs. In general terms, ST. JOHN’ S Municipal Plan Amendment Number 137, 2016, allows a personal care home to be considered within the Rural Land Use District. In general terms, ST. JOHN’ S Development Regulations Amendment Number 628, 2016, is to add "Personal Care Home" as a Discretionary Use in the Rural (

R) Zone. These amendments come into effect on the date that this notice is printed in The Newfoundland and Labrador Gazette. For further information, please contact 576-8220 or planning@stjohns.ca. CITY OF ST. JOHN’S Ken O’Brien, MCIP –Chief Municipal Planner Aug 12 NOTICE OF REGISTRATION CITY OF ST. JOHN’S 147-149 THORBURN ROAD TAKE NOTICE that two (2) amendments adopted on the 30th day of May, 2016, and approved on the 28 th day of June, 2016, have been registered by the Minister of Municipal Affairs. In general terms ST.

JOHN’S Municipal Plan Amendment Number 138, 2016, is to redesignate land at 147-149 Thorburn Road to the Residential Medium Density Land Use District. In general terms ST. JOHN’ S Development Regulations Amendment Number 630, 2016, is to rezone land at 147- 149 Thorburn Road to the Apartment Medium Density (A2) Zone.

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 265 These amendments come into effect on the date that this notice is printed in The Newfoundland and Labrador Gazette. For further information, please contact 576-8220 or planning@stjohns.ca. CITY OF ST.

JOHN’S Ken O’Brien, MCIP – Chief Municipal Planner Aug 12 NOTICE OF REGISTRATION TOWN OF CONCEPTION BAY SOUTH MUNICIPAL PLAN AMENDMENT NO. 11, 2016 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 18, 2016 TAKE NOTICE that the TOWN OF CONCEPTION BAY SOUTH Amendment No. 11, 2016 and Development Regulations Amendment No. 18, 2016, adopted on the 14 th day of June, 2016, has been registered by the Minister of the Municipal Affairs. In general terms, these amendments will allow general assembly uses in the Comme rcial Light Industrial (CLI) designation and zone.

This amendment came into effect on the day that this notice is published in The Newfoundland and Labrador Gazette . Anyone who wishes to inspect a copy, may do so at the Planning and Development De partment, Conception Bay South Town Hall, 11 Rememb rance Square, Long Pond, during normal working hours. TOWN OF CONCEPTION BAY SOUTH Elaine Mitchell, MCIP Director of Planning and Development Aug 12 QUIETING OF TITLES ACT 2016 06G 0099 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) NOTICE OF APPLICATION UNDER THE QUIETING OF TITLES ACT, RSNL1990 cQ-3.

NOTICE IS HEREBY given to all parties that TERI LEIGH GENGE of the Town of Glovertown, in the Province of Newfoundland and Labrador, has applied to the Supreme Court of Newfoundl and and Labrador, Trial Division, Grand Bank, to have title to all that piece or parcel of property situate at Glovertown, in the Province of Newfoundland and Labrador, which property is more particularly described in Sc hedule "A" hereto annexed and shown in

Schedule "B" hereto annexed. ALL BEARINGS aforementioned for which TERI LEIGH GENGE claims to be the owner investigated and for a Declaration that she is the absolute owner in fee simple in possession and the said TERI LEIGH GENGE has been ordered to publish a Notice of Application as required by the above named Act.

All persons having title adverse to the said title claimed by the said TERI LEIGH GENGE shall file in the Registry of the Supreme Court of Newfoundland and Labrador, Trial Division, Grand Bank, particulars of such adverse claim and serve the same together with an Affidavit verifying same on the undersigned Solicitors for the Petitioner on or before the 8 th day of September, 2016, after which date no party having claim shall be permitted to file same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All such adverse claims shall be investigated then in such manner as the Supreme Court of Newfoundland and Labrador, Trial Division, Grand Bank, may direct. DATED AT Clarenville, in the Province of Newfoundland and Labrador, this 28th day of April, 2016. HUGHES AND BRANNAN Solicitors for the Applicant PER: James D. Hughes, Q.C. ADDRESS FOR SERVICE: 357 Memorial Drive Clarenville, NL A5A 1R8 Tel: (709) 466-3458 Fax: (709) 466-4383

SCHEDULE "A" TERI GENGE Traytown, NL All that piece or parcel of land situate and being on the northwestern side of a Reserved Road at Traytown, in the Electoral District of Terra Nova, Newfoundland and Labrador and being bound and abutted as follows: Beginning at a point said point being a capped iron pin set in the northeast corner of land herein described and having Coordinates of North 5391794.378 metres and East 231788.377 metres of the Three Degree Modified Transverse Mercator Projection for the province of Newfoundland and Labrador.

Thence running along the northwestern limit of a Reserved Road (20 metres wide) S46°36'26"W 8.241 metres; S38°53'27"W 31.818 metres: Thence running by Crown land N51°06'33"W 46.000 metres; N37°45'15"E 39.993 metres; S51°06'33"E 47.900 metres, more or less to the point of beginning. · The above described parcel contains an area of 1860 square metres, more or less, and is more particularly shown on the attached plan dated October 7, 2015.

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 266 The above described parcel is subject to a Pole Line Easement (7.4 metres wide) that runs along the eastern portion of said land. All Bearings being referred to Grid North (NAD 83) with a Central Meridian of Fifty Three Degrees (Zone 1). (Plan #2015-4062)

SCHEDULE "B" Aug 12

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 91 ST. JOHN’S, FRIDAY, AUGUST 12, 2016 No. 32 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 39/16 NLR 40/16

The Newfoundland and Labrador Gazette August 12, 2016 329 NEWFOUNDLAND AND LABRADOR REGULATION 39/16 Notice of Protected Water Supply Area of Tub Harbour Pond, WS-S-0700, Town of St. Lewis under the Water Resources Act (Filed August 9, 2016) Under the authority of

section 39 of the Water Resources Act , I designate the area generally known as the Tub Harbour Pond Water Supply Area, WS-S-0700 for the Town of St. Lewis as a protected water supply area. Dated at St. John’s, July 29, 2016.

Perry Trimper Minister of Environment and Conservation NOTICE This area includes all lands in the Provincial Elector al District of Cartwright-L’Anse au Clair abutted and bounded as follows: Beginning at a point having scaled UTM coordinates of easting 588,539 and northing 5,802,960; Then running in a northwesterly direction for a distance of 427 metres, more or less, to a point having scaled UTM coordinates of easting 588,198 metres and northing 5,803,217 metres; Then running in a northerly direction for a distance of 508 metres, more or less, to a point having scaled UTM coordinates of easting 588,170 metres and northing 5,803,724 metres;

Notice of Protected Water Supply Area of Tub Harbour Pond, WS-S-0700, Town of St.

Lewis 39/16 The Newfoundland and Labrador Gazette August 12, 2016 330 Then running in a westerly direction for a distance of 140 metres, more or less, to a point having scaled UTM coordinates of easting 588,031 metres and northing 5,803,736 metres; Then running in a northwesterly direction for a distance of 129 metres, more or less, to a point having scaled UTM coordinates of easting 587,955 metres and northing 5,803,840 metres; Then running in a westerly direction for a distance of 255 metres, more or less, to a point having scaled UTM coordinates of easting 587,708 metres and northing 5,803,903 metres; Then running in a northwesterly direction for a distance of 98 metres, more or less, to a point having scaled UTM coordinates of easting 587,645 metres and northing 5,803,978 metres; Then running in a westerly direction for a distance of 309 metres, more or less, to a point having scaled UTM coordinates of easting 587,341 metres and northing 5,804,031 metres; Then running in a southwesterly direction for a distance of 175 metres, more or less, to a point having scaled UTM coordinates of easting 587,181 metres and northing 5,803,961 metres; Then running in a westerly direction for a distance of 210 metres, more or less, to a point having scaled UTM coordinates of easting 586,972 metres and northing 5,803,978 metres; Then running in a westerly direction for a distance of 337 metres, more or less, to a point having scaled UTM coordinates of easting 586,642 metres and northing 5,804,048 metres; Then running in a northerly direction for a distance of 142 metres, more or less, to a point having scaled UTM coordinates of easting 586,626 metres and northing 5,804,189 metres; Then running in a westerly directio n for a distance of 70 metres, more or less, to a point having scaled UTM coordinates of easting 586,556 metres and northing 5,804,195 metres;

Notice of Protected Water Supply Area of Tub Harbour Pond, WS-S-0700, Town of St.

Lewis 39/16 The Newfoundland and Labrador Gazette August 12, 2016 331 Then running in a northwesterly direction for a distance of 112 metres, more or less, to a point having scaled UTM coordinates of easting 586,509 metres and northing 5,804,297 metres; Then running in a northeasterly direction for a distance of 99 metres, more or less, to a point having scaled UTM coordinates of easting 586,584 metres and northing 5,804,361 metres; Then running in an easterly direction for a distance of 279 metres, more or less, to a point having scaled UTM coordinates of easting 586,863 metres and northing 5,804,351 metres; Then running in an easterly direction for a distance of 230 metres, more or less, to a point having scaled UTM coordinates of easting 587,081 metres and northing 5,804,277 metres; Then running in a northeasterly dir ection for a distance of 129 metres, more or less, to a point having scaled UTM coordinates of easting 587,186 metres and northing 5,804,352 metres; Then running in an easterly direction for a distance of 364 metres, more or less, to a point having scaled UTM coordinates of easting 587,550 metres and northing 5,804,350 metres; Then running in an easterly direction for a distance of 334 metres, more or less, to a point having scaled UTM coordinates of easting 587,883 metres and northing 5,804,322 metres; Then running in an easterly direction for a distance of 309 metres, more or less, to a point having scaled UTM coordinates of easting 588,187 metres and northing 5,804,269 metres; Then running in an easterly direction for a distance of 323 metres, more or less, to a point having scaled UTM coordinates of easting 588,505 metres and northing 5,804,214 metres; Then running in a southeasterly direction for a distance of 293 metres, more or less, to a point having scaled UTM coordinates of easting 588,742 metres and northing 5,804,041 metres; Then running in an easterly direction for a distance of 151 metres, more or less, to a point having scaled UTM coordinates of easting 588,886 metres and northing 5,804,085 metres;

Notice of Protected Water Supply Area of Tub Harbour Pond, WS-S-0700, Town of St.

Lewis 39/16 The Newfoundland and Labrador Gazette August 12, 2016 332 Then running in a northerly direction for a distance of 247 metres, more or less, to a point having scaled UTM coordinates of easting 588,975 metres and northing 5,804,315 metres; Then running in a northerly direction for a distance of 547 metres, more or less, to a point having scaled UTM coordinates of easting 589,076 metres and northing 5,804,853 metres; Then running in an easterly direction for a distance of 200 metres, more or less, to a point having scaled UTM coordinates of easting 589,264 metres and northing 5,804,922 metres; Then running in a northwesterly direction for a distance of 99 metres, more or less, to a point having scaled UTM coordinates of easting 589,200 metres and northing 5,804,997 metres; Then running in a northerly direction for a distance of 255 metres, more or less, to a point having scaled UTM coordinates of easting 589,179 metres and northing 5,805,251 metres; Then running in a southeasterly direction for a distance of 71 metres, more or less, to a point having scaled UTM coordinates of easting 589,232 metres and northing 5,805,204 metres; Then running in an easterly direction for a distance of 168 metres, more or less, to a point having scaled UTM coordinates of easting 589,400 metres and northing 5,805,204 metres; Then running in a northeasterly dir ection for a distance of 267 metres, more or less, to a point having scaled UTM coordinates of easting 589,610 metres and northing 5,805,369 metres; Then running in a northerly direction for a distance of 99 metres, more or less, to a point having scaled UTM coordinates of easting 589,604 metres and northing 5,805,468 metres; Then running in a northeasterly dir ection for a distance of 181 metres, more or less, to a point having scaled UTM coordinates of easting 589,687 metres and northing 5,805,629 metres; Then running in a northeasterly dir ection for a distance of 213 metres, more or less, to a point having scaled UTM coordinates of easting 589,877 metres and northing 5,805,725 metres;

Notice of Protected Water Supply Area of Tub Harbour Pond, WS-S-0700, Town of St.

Lewis 39/16 The Newfoundland and Labrador Gazette August 12, 2016 333 Then running in a northeasterly dir ection for a distance of 156 metres, more or less, to a point having scaled UTM coordinates of easting 589,959 metres and northing 5,805,858 metres; Then running in a northwesterly direction for a distance of 106 metres, more or less, to a point having scaled UTM coordinates of easting 589,865 metres and northing 5,805,908 metres; Then running in a northerly direction for a distance of 238 metres, more or less, to a point having scaled UTM coordinates of easting 589,884 metres and northing 5,806,145 metres; Then running in a northeasterly dir ection for a distance of 177 metres, more or less, to a point having scaled UTM coordinates of easting 590,020 metres and northing 5,806,259 metres; Then running in an easterly direction for a distance of 351 metres, more or less, to a point having scaled UTM coordinates of easting 590,371 metres and northing 5,806,272 metres; Then running in an easterly direction for a distance of 140 metres, more or less, to a point having scaled UTM coordinates of easting 590,510 metres and northing 5,806,260 metres; Then running in a southeasterly direction for a distance of 157 metres, more or less, to a point having scaled UTM coordinates of easting 590,644 metres and northing 5,806,179 metres; Then running in a southerly direction for a distance of 75 metres, more or less, to a point having scaled UTM coordinates of easting 590,666 metres and northing 5,806,107 metres; Then running in an easterly direction for a distance of 141 metres, more or less, to a point having scaled UTM coordinates of easting 590,802 metres and northing 5,806,068 metres; Then running in a southeasterly direction for a distance of 238 metres, more or less, to a point having scaled UTM coordinates of easting 590,971 metres and northing 5,805,900 metres; Then running in a southerly direction for a distance of 126 metres, more or less, to a point having scaled UTM coordinates of easting 590,974 metres and northing 5,805,774 metres;

Notice of Protected Water Supply Area of Tub Harbour Pond, WS-S-0700, Town of St.

Lewis 39/16 The Newfoundland and Labrador Gazette August 12, 2016 334 Then running in an easterly direction for a distance of 271 metres, more or less, to a point having scaled UTM coordinates of easting 591,234 metres and northing 5,805,696 metres; Then running in a southerly direction for a distance of 42 metres, more or less, to a point having scaled UTM coordinates of easting 591,230 metres and northing 5,805,654 metres; Then running in an easterly direction for a distance of 198 metres, more or less, to a point having scaled UTM coordinates of easting 591,423 metres and northing 5,805,610 metres; Then running in a southerly direction for a distance of 125 metres, more or less, to a point having scaled UTM coordinates of easting 591,469 metres and northing 5,805,494 metres; Then running in a southeasterly direction for a distance of 353 metres, more or less, to a point having scaled UTM coordinates of easting 591,794 metres and northing 5,805,355 metres; Then running in an easterly direction for a distance of 230 metres, more or less, to a point having scaled UTM coordinates of easting 592,010 metres and northing 5,805,435 metres; Then running in a southeasterly direction for a distance of 244 metres, more or less, to a point having scaled UTM coordinates of easting 592,118 metres and northing 5,805,216 metres; Then running in a southeasterly direction for a distance of 200 metres, more or less, to a point having scaled UTM coordinates of easting 592,292 metres and northing 5,805,117 metres; Then running in a southerly direction for a distance of 163 metres, more or less, to a point having scaled UTM coordinates of easting 592,335 metres and northing 5,804,960 metres; Then running in a southerly direction for a distance of 56 metres, more or less, to a point having scaled UTM coordinates of easting 592,330 metres and northing 5,804,904 metres; Then running in a southeasterly direction for a distance of 51 metres, more or less, to a point having scaled UTM coordinates of easting 592,370 metres and northing 5,804,873 metres;

Notice of Protected Water Supply Area of Tub Harbour Pond, WS-S-0700, Town of St.

Lewis 39/16 The Newfoundland and Labrador Gazette August 12, 2016 335 Then running in an easterly direction for a distance of 125 metres, more or less, to a point having scaled UTM coordinates of easting 592,495 metres and northing 5,804,862 metres; Then running in a southeasterly direction for a distance of 99 metres, more or less, to a point having scaled UTM coordinates of easting 592,559 metres and northing 5,804,787 metres; Then running in a southwesterly direction for a distance of 171 metres, more or less, to a point having scaled UTM coordinates of easting 592,411 metres and northing 5,804,701 metres; Then running in a southerly direction for a distance of 252 metres, more or less, to a point having scaled UTM coordinates of easting 592,418 metres and northing 5,804,449 metres; Then running in a southerly direction for a distance of 94 metres, more or less, to a point having scaled UTM coordinates of easting 592,453 metres and northing 5,804,362 metres; Then running in an easterly directi on for a distance of 70 metres, more or less, to a point having scaled UTM coordinates of easting 592,523 metres and northing 5,804,356 metres; Then running in a southwesterly direction for a distance of 178 metres, more or less, to a point having scaled UTM coordinates of easting 592,387 metres and northing 5,804,241 metres; Then running in a westerly direction for a distance of 494 metres, more or less, to a point having scaled UTM coordinates of easting 591,924 metres and northing 5,804,069 metres; Then running in a southerly direction for a distance of 93 metres, more or less, to a point having scaled UTM coordinates of easting 591,959 metres and northing 5,803,983 metres; Then running in an easterly direction for a distance of 160 metres, more or less, to a point having scaled UTM coordinates of easting 592,109 metres and northing 5,803,928 metres; Then running in a southerly direction for a distance of 253 metres, more or less, to a point having scaled UTM coordinates of easting 592,060 metres and northing 5,803,680 metres;

Notice of Protected Water Supply Area of Tub Harbour Pond, WS-S-0700, Town of St.

Lewis 39/16 The Newfoundland and Labrador Gazette August 12, 2016 336 Then running in a westerly direction for a distance of 271 metres, more or less, to a point having scaled UTM coordinates of easting 591,791 metres and northing 5,803,646 metres; Then running in a southwesterly direction for a distance of 62 metres, more or less, to a point having scaled UTM coordinates of easting 591,759 metres and northing 5,803,593 metres; Then running in a westerly direction for a distance of 217 metres, more or less, to a point having scaled UTM coordinates of easting 591,545 metres and northing 5,803,555 metres; Then running in a southwesterly direction for a distance of 138 metres, more or less, to a point having scaled UTM coordinates of easting 591,479 metres and northing 5,803,434 metres; Then running in a southwesterly direction for a distance of 645 metres, more or less, to a point having scaled UTM coordinates of easting 591,034 metres and northing 5,802,967 metres; Then running in a westerly direction for a distance of 126 metres, more or less, to a point having scaled UTM coordinates of easting 590,910 metres and northing 5,802,991 metres; Then running in a northerly direction for a distance of 279 metres, more or less, to a point having scaled UTM coordinates of easting 590,849 metres and northing 5,803,263 metres; Then running in a westerly direction for a distance of 477 metres, more or less, to a point having scaled UTM coordinates of easting 590,379 metres and northing 5,803,344 metres; Then running in a northwesterly direction for a distance of 187 metres, more or less, to a point having scaled UTM coordinates of easting 590,251 metres and northing 5,803,481 metres; Then running in a westerly direction for a distance of 252 metres, more or less, to a point having scaled UTM coordinates of easting 589,999 metres and northing 5,803,488 metres; Then running in a northwesterly direction for a distance of 181 metres, more or less, to a point having scaled UTM coordinates of easting 589,838 metres and northing 5,803,571 metres;

Notice of Protected Water Supply Area of Tub Harbour Pond, WS-S-0700, Town of St.

Lewis 39/16 The Newfoundland and Labrador Gazette August 12, 2016 337 Then running in a southwesterly direction for a distance of 227 metres, more or less, to a point having scaled UTM coordinates of easting 589,671 metres and northing 5,803,417 metres; Then running in a westerly direction for a distance of 129 metres, more or less, to a point having scaled UTM coordinates of easting 589,548 metres and northing 5,803,455 metres; Then running in a westerly direction for a distance of 182 metres, more or less, to a point having scaled UTM coordinates of easting 589,375 metres and northing 5,803,399 metres; Then running in a southerly direction for a distance of 101 metres, more or less, to a point having scaled UTM coordinates of easting 589,395 metres and northing 5,803,300 metres; Then running in a southwesterly direction for a distance of 288 metres, more or less, to a point having scaled UTM coordinates of easting 589,235 metres and northing 5,803,061 metres; Then running in a southwesterly direction for a distance of 358 metres, more or less, to a point having scaled UTM coordinates of easting 588,938 metres and northing 5,802,862 metres; Then running in a westerly direction for a distance of 411 metres, more or less, to the point of commencement.

All coordinates refer Zone 21 of the NAD 83 Universal Transverse Mercator Projection. ©Queen's Printer

The Newfoundland and Labrador Gazette August 12, 2016 339 NEWFOUNDLAND AND LABRADOR REGULATION 40/16 Notice of Wellhead Protected Water Supply Area of #5B Albert Rowe Well, WS-G-0891, Town of Chance Cove under the Water Resources Act (Filed August 9, 2016) Under the authority of

section 61 of the Water Resources Act , I designate the area generally known as #5B Albert Rowe Well, WS-G- 0891, for the Town of Chance Cove as a wellhead protected water supply area. Dated at St. John’s, July 29, 2016.

Perry Trimper Minister of Environment and Conservation NOTICE This area includes all lands in the Provincial Elector al District of Placentia West - Bellevue abutted and bounded as follows: Beginning at a point having scaled UTM coordinates of easting 287,476 and northing 5,284,422; Then running in a southeasterly direction for a distance of 360 metres, more or less, to a point having scaled UTM coordinates of easting 287,754 metres and northing 5,284,193 metres; Then running in a southerly direction for a distance of 205 metres, more or less, to a point having scaled UTM coordinates of easting 287,686 metres and northing 5,284,000 metres;

Notice of Wellhead Protected Water Supply Area of #5B Albert Rowe Well, WS-G-0891, Town of Chance Cove 40/16 The Newfoundland and Labrador Gazette August 12, 2016 340 Then running in a southwesterly direction for a distance of 125 metres, more or less, to a point having scaled UTM coordinates of easting 287,587 metres and northing 5,283,923 metres; Then running in a westerly direction for a distance of 142 metres, more or less, to a point having scaled UTM coordinates of easting 287,445 metres and northing 5,283,930 metres; Then running in a northerly direction for a distance of 144 metres, more or less, to a point having scaled UTM coordinates of easting 287,411 metres and northing 5,284,070 metres; Then running in a northerly direction for a distance of 178 metres, more or less, to a point having scaled UTM coordinates of easting 287,391 metres and northing 5,284,247 metres; Then running in a northeasterly dir ection for a distance of 195 metres, more or less, to the point of commencement.

All coordinates refer Zone 22 of the NAD 83 Universal Transverse Mercator Projection. ©Queen's Printer

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 341 Index

PART I Judicature Act – Notices ...................................................................................................... ......................................................... 241 Quieting of Titles Act – Notice .................................................................................................................................................... 265 Urban and Rural Planning Act, 2000 – Notices .................................................................................. .......................................... 264

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Water Resources Act Notice of Protected Water Supply NL R 39/16 New Aug 12 /16 p. 329 Area of Tub Harbour Pond, WS-S-0700, Town of St. Lewis Notice of Wellhead Protected Water NLR 40/16 New Aug 12 /16 p. 339 Supply Area of #5B Albert Rowe Well, WS-G-0891, Town of Chance Cove

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 12, 2016 342 All other public notices require d by law to be published in The Newfoundland and Labrador Gazette , eg., Corporations Act, Municipalities Act, Quieting of Titles Act, Urban and Rural Planning Act, etc., are priced according to size: for Single Column $3.47 per cm or Double Column $6.93 per cm, plus 15% HST. The Newfoundland and Labrador Gazette is published from the Office of the Queen’s Printer. Copy for publication must be received by Friday, 4:30 p.m., seven days before publication date to ensure inclusion in next issue.

Advertisements must be submitted in either PDF format or as a MSWord file. When this is not possible, advertisements must be either, typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Copy may be mailed to the address below, faxed to (709) 729-1900 or emailed to queensprinter@gov.nl.ca. Subscription rate for The Newfoundland and Labrador Gazette is $144.38 for 52 weeks plus 15% HST ($166.04). Weekly issues, $3.47 per copy, plus 15% HST ($3.99) payable in advance.

All cheques, money orders, etc., should be made payable to THE NEWFOUNDLAND EXCHEQUER ACCOUNT and all correspondence should be addressed to: Office of the Qu een’s Printer, P. O. Box 8700, Ground Floor, East Block, Confederation Building, St. John’s, NL A1B 4J6, Telephone: (709) 729-3649, Fax: (709) 729-1900.

Web Site: http://www.servicenl.gov.nl.ca/printer/index.html The Newfoundland and Labrador Gazette Advertising Rates Prices effective July 1, 2016 Notices Rate 15% HST Total Lands Act - Notice of Intent - 1 week $31.13 $4.67 $35.80 Motor Carrier Act - Notice - 1 week $39.90 $5.99 $45.89 Trustee Act - Estate Notice - 1 week $34.65 $5.20 $39.85 Trustee Act - Estate Notice - 2 weeks $62.37 $9.36 $71.73 Trustee Act - Estate Notice - 3 weeks $91.25 $13.69 $104.94 Trustee Act - Estate Notice - 4 weeks $118.97 $17.85 $136.82 For quotes please contact the Office of the Queen's Printer queensprinter@gov.nl.ca Government Information Product Publication Rate Mail G.S.T. # R107442683