Newfoundland and Labrador Gazette, Part I — 7 November 2014, Vol. 89, No. 45 — Corporations Act Notice

NLG 2014-11-07

Newfoundland and Labrador — Gazette

401 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 89 ST. JOHN’S, FRIDAY, NOVEMBER 7, 2014 No. 45 CORPORATIONS ACT NOTICE IN THE MATTER of the

Canada Business Corporations Act, RSC 1985, cC-44 (the "Act") AND IN THE M ATTER of SBM CANADA INC., in voluntary dissolution TAKE NOTICE that following receipt of a special resolution of the Shareholders of SBM CANADA INC. (the "Corporation") passed on the 24th day of October, 2014 to such effect, the Director of Corporations C anada has issued a Certificate of Intent to Dissolve the Corporation, on a voluntary basis, which Certificate is dated the 29 th day of October, 2014.

AND FURTHER TAKE NOTICE that in accordance with the Act and the Resolution, all of the undertaking, properties, assets and liabilities of the Corporation shall now be distributed and discharged. ACCORDINGLY, all persons claiming to be creditors of or have any claims or demands upon or affecting the Corporation, in voluntary dissolution, and who have not otherwise been notified and satisfactorily dealt with in this transaction to date are requested to send particulars of such demand to the undersigned Solicitors on or before the 15 th day of November, 2014. DATED at St.

John's, Newfoundland and Labrador, Canada, this 4th day of November, 2014. BENSON BUFFETT PLC INC. Solicitors for the Corporation PER: Jonathan W. Moore ADDRESS FOR SERVICE: P.O. Box 1538 St. John's, NL A1C 5N8 Tel: (709) 570-7263 Fax: (709) 579-2647 Nov 7

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 7, 2014 402 JUDICATURE ACT RULES OF THE SUPREME COURT, 1986 COURT OF APPEAL PRACTICE NOTE CAPN No. 2014-01 DATE ISSUED: October 24 , 2014 RULES AFFECTED: 57.02; 57.10 EFFECTIVE DATE: Upon publication The following Practice Note was filed with the Deputy Registrar of the Court of Appeal and is published pursuant to Rule 57.31(3) of the Rules of the Supreme Court, 1986. Procedure for Staying an Order Pending Appeal Background and Purpose 1.

Under the current rule 57.10(5), to obtain a stay of an order pending appeal to the Court of Appeal, a litigant must first apply for a stay in the court or tribunal below. A litigant dissatisfied with the result of that application has two options: (

i) appeal the decision to the Court of Appeal; or (ii) make a further application for a stay to the Court of Appeal, which will be treated as a de novo hearing. In the second circumstance, where the application is heard by a single judge of the Court of Appeal pursuant to s. 10 of the Judicature Act, a litigant dissatisfied with that decision may, pursuant to rule 57.31(4), apply to the Chief Justice for a rehearing before a panel of judges. 2. This multi-stage procedure has led to some confusion regarding the difference between an appeal and a direct application for a stay to the Court of Appeal.

In some cases, the current procedure results in extra costs flowing from extra court appearances. 3. As a result, the Rules Committee has recently adopted amendments to rule 57.10 to clarify and to limit the options available to a litigant who wishes to seek a stay of an order pending appeal to the Court of Appeal. 4. The purpose of this Practice Note is to draw these changes to the attention of litigants and the legal profession to reduce confusion, lost time and expense that may otherwise result from transition from the current procedural requirements to the new ones. Practice Note 5.

Upon the coming into force of the amendments, litigants must henceforth make a choice to seek a stay either in the Trial Division under Rule 53A or in the Court of Appeal under rule 57.10. This removes the r equirement that a litigant must first seek a stay in the lower court. However, if the litigant chooses to apply to the lower court, he or she will no longer have the opportunity to make a second application for a stay to the Court of Appeal. 6. If the litig ant chooses to apply for a stay in the lower court, the decision on such an application may still be appealed to the Court of Appeal but only with leave.

The factors to be considered in deciding whether leave should be granted are those set out in rule 57.02(4). 7. If the litigant chooses to apply for a stay directly to the Court of Appeal instead of to the court or tribunal below, and th e application is heard by a single judge of the Court of Appeal, a litigant may still seek the leave of the Chief Justice t o have the matter reheard by a panel of judges. 8. The effect of the changes to rule 57.10 is therefore that a litigant may choose to apply for a stay of the order appealed fro m either: (

a) at the lower court or tribunal, with the possibility of an appeal of that decision to the Court of Appeal, subject to obtaining leave to appeal; or (

b) at first instance in the Court of Appeal, with the possibility, if the application is heard by a single judge, of a rehearing by a panel of three judges, subject to leave of the Chief Justice. 9. There is also an amendment to rule 57.10(2). There is no substantive change to this rule. The amendment is intended to clarif y the authority of the Court to order stays. 10. The amendments to the rule come into force upon publication in The Newfoundland and Labrador Gazette and will apply where the order in respect of which the stay is being sought was made after the amendment comes into force.

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 7, 2014 403 Authorized by: J. Derek Green Chief Justice of Newfoundland and Labrador Kathy Blake Deputy Registrar (

A) Nov 7 RULES OF THE SUPREME COURT, 1986 COURT OF APPEAL PRACTICE NOTE CAPN No. 2014-02 DATE ISSUED: October 24, 2014 RULES AFFECTED: 57.01; 57.03; 57.06; 57.14 PREVIOUS PRACTICE NOTES AFFECTED: CAPN No.2006-01; CAPN No. 2011-01; CAPN No. 2013-01 EFFECTIVE DATE: Upon publication The following practice Note was filed with the Deputy Registrar of the Court of Appeal and is published pursuant to rule 57.31(4) of the Rules of the Supreme Court, 1986. Amendments to Transcript Preparation Requirements Background and Purpose 1.

On January 23, 2013, practice note CAPN No. 2013 -01 regarding the filing and use of transcripts was issued by the Court of Appeal. The purpose was to reduce associated costs and delays, and to streamline the process for b oth the parties and the Court. Panels hearing appeals have found that the full transcript is, in most cases, unnecessary for purposes of determining the issues under appeal.

The practice note requires counsel to file a certificate with the Court stating that consideration has been given to limiting the portions of the transcript necessary to conduct the appeal, and that only the necessary portions are be ing provided. 2. The change sought by means of the practice note has not produced the hoped -for result. A full transcript is being filed in almost all cases. The Court of Appeal Rules Committee considered that at least part of the difficulty may relate to when the transcript is required to be filed, that is, as part of the Appeal Book.

At that time, it may be more difficult for counsel to ascertain which parts of the transcript will be required. 3. To address this issue, the Court of Appeal Rules Committee determined that it would be more appropriate to file the transcrip t at the same time as the factum is fi led, rather than as part of the Appeal Book. This would permit a more focused consideration regarding the portion of the transcript necessary for the appeal. This should result in a reduction of the por tion of transcript required to be filed with the Court, even if a full transcript was earlier obtained by the appellant.

When filing the factum, counsel will have already addressed the issues in detail and should be in a position to identify more precisely what parts of the transcript would be necessary for purposes of the appeal. 4.

The Rules Committee also considered it advisable that the rules of court should provide that, at the same time as filing the factum and transcript, counsel should also be required to file a certificate comparable to the one now required under practice note CAPN No. 2013 -01 stating that only the necessary portions of the transcript are being filed, or, if the entire transcript is being filed, the specific reasons for doing so. 5. It was also considered appropriate for the rules of court to address more particularly the use and filing of electronic versions of the transcript. 6.

Rule 57 was accordingly amended to effect the foregoing purposes. 7. The purpose of this Practice Note is to draw these changes to the attention of litigants and the legal profession and to indicate that previous practice notes dealing with various aspects of transcript preparation and filing must now be read in accordance with these developments.

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 7, 2014 404 Practice Note 8. Under the new rule, 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. 9.

Where the transcript necessary for determination of the appeal is voluminous, a party may provide, or the Court may require, a book of excerpts for use at the hearing. 10.

The appellant is also required to file one electronic version of the written transcript where a written transcript of the ent ire evidence has been prepared; or, where only part of the written transcript has been prepared, one electronic version of the written transcript together with one electronic version of the entire audio recording. “Electronic version” is defined as a version in a format acceptable to the Court. “Wri tten transcript” is defined as a printed transcript of the evidence, which does not include submissions unless they are necessary for determination of the issues under appeal. 11.

The parties may, by agreement, apply to the Court for an order and directions p ermitting the use of the electronic rather than a paper version of the written transcript, or, in appropriate circumstances, the audio recording. In exceptional cases, the Co urt may also, on its own motion, dispense with the preparation and filing of a wr itten transcript and order that the appeal proceed using an audio recording of the proceedings in the court or tribunal from which the appeal is taken. 12. Rule 57.03 requiring counsel to file a letter undertaking to request a transcript has been repealed.

I nstead, the appellant is required to obtain a copy of the audio recording “forthwith”, i.e. without any unnecessary delay, from the court appealed from, and to deliver a copy to each party. Then, “without delay”, the appellant is required to arrange for p reparation of a written transcript of the evidence that is necessary for preparation of the factum. The appellant is required to advise the other pa rties “forthwith” what arrangement has been made and when the transcript is expected to be completed. 13. Counsel are encouraged to make use of an agreed statement of facts on the appeal where such is appropriate.

For example, this may occur where the appeal engages issues of law without any dispute as to the facts. (Where the matter proceeded on an agreed statement of facts in the court below, the agreed statement of facts must in any event be filed in the Appeal Book.) 14. The new rule also stipulates the procedural requirements for preparing and filing the transcript. 15. The above requirements are set out in rules 57.06 and 57.06.1. 16. In addition to the foregoing changes, certain other consequential amendments have been made to the rules: (

a) Current rules 57.06, and 57.03(5), (6) and (7) are repealed; (

b) Rule 57.01 includes

definitions of (e.1) “electronic version” and (n) “written transcript”; and (

c) Provisions in rule 57.14 requiring the transcript to be filed with the Appeal Book are repealed. 17. The amendments to the rules come into force upon publication in The Newfoundland and Labrador Gazette and will apply where the order under appeal was made after the amendments come into force. 18. To the extent to which Practice Notes CAPN No. 2006 -01, CAPN No. 2011-01 and CAPN No. 2013-01 are inconsistent with this practice note, they shall be read as having been amended accordingly. Authorized by: J. Derek Green Chief Justice of Newfoundland and Labrador Deputy Registrar (

A) Kathy Blake Nov 7

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 7, 2014 405 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Effects of late MILDRED ISABEL AND REWS of the Town of Spaniard’s Bay, in the Province of Newfoundland and Labrador, Retired Person, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of MILDRED ISABEL ANDREWS , the aforesaid deceased, who died at the Town of Shearstown, in the Province of Newfoundland and Labrador on or about the 7 th day of March, 2014 , are hereby requested to send particulars thereof in writing, duly attested, t o the undersigned Solicitor for the Administrator of the Estate on or before the 16 th day of November, 2014 after which date the Administrator will proceed to distribute the said Estate having regard only to the claims of which he shall then have had notice.

DATED at the Town of Gander, Newfoundland and Labrador, this 23rd day of October, 2014. BONNELL LAW Solicitor for the Administrator PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P.O. Box 563 218 Airport Boulevard Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 Oct 31 & Nov 7 ESTATE NOTICE IN THE MATTER of the Estate and Effects of the late DENISE MARIE CLEVETT of Corner Brook, in the Province of Newfoundland and Labrador, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of DENISE MARIE CLEVETT , the aforesaid deceased, who died at Corner Brook, in the Province of Newfoundland and Labrador on or about the 14 th day of June, 2014, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 30 th day of Novembe r, 2014 after which date the Executor will proceed to distribute the said Estate having regard only to the claims of which he shall then have had notice.

DATED at the Town of Gander, Newfoundland and Labrador, this 27th day of October, 2014. BONNELL LAW Solicitor for the Executor PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P.O. Box 563 218 Airport Boulevard Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 Oct 31 & Nov 7 ESTATE NOTICE IN THE MATTER OF the Estate and Effects of late HAYWARD HOWELL of the Town of Pound Cove, in the Province of Newfoundland and Labrador, Retired Person, Deceased.

All persons claiming to be creditors of or who hav e any claims or demands upon or affecting the Estate of HAYWARD HOWELL, the aforesaid deceased, who died at Town of Brookfield, in the Province of Newfoundland and Labrador on or about the 7 th day of May, 2014 , are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executrix of the Estate on or before the 14 th day of November, 2014 after which date the Executrix will proceed to distribute the said Estate having regar d only to the claims of which she shall then have had notice.

DATED at the Town of Gander, Newfoundland and Labrador, this 23rd day of October, 2014. BONNELL LAW Solicitor for the Executrix PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P.O. Box 563 218 Airport Boulevard Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 Oct 31 & Nov 7 ESTATE NOTICE IN THE MATTER of the Estate of TERESA MCKILLOP, Late of St. John’s , Province of Newfoundland and Labrador, Widow, deceased.

All persons claiming to be creditors of, or who have any claims or demands upon or affecting the Estate of the above named TERESA MCKILLOP, deceased, are requested to send particulars of same, duly attested in writing, to the undersigned Solicitor for the Exec utors of the Estate of

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 7, 2014 406 TERESA MCKILLOP, on or before 30 th November, 2014, after which date the Executors will proceed to distribute the said Estate having regard only to the claims of which they then shall have had notice. DATED at St. John’s aforesaid on 31st October, 2014. MCINNES COOPER Solicitors for the Executors PER: John V. O’Dea Q.C. ADDRESS FOR SERVICE 5TH Floor Baine Johnston Centre 10 Fort William Place P.O. Box 5939 St. John’s NL A1C 5X4 Tel: (709) 724-8261 Fax: (709) 722-1763 Nov 7 & 14

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 89 ST. JOHN’S, FRIDAY, NOVEMBER 7, 2014 No. 45 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 88/14 NLR 89/14 NLR 90/14 NLR 91/14

The Newfoundland and Labrador Gazette November 7, 2014 677 NEWFOUNDLAND AND LABRADOR REGULATION 88/14 Proclamation re: By-Election for the Electoral District of Humber East under the Elections Act, 1991, and House of Assembly Act (O.C. 2014-330) (Filed November 4, 2014) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. FRANK F. FAGAN Lieutenant Governor JUDY MANNING Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS under the authority of

section 57 of the Elections Act, 1991 (the "Act"), and pursuant to

section 54 of the House of Assembly Act , upon the occurrence of a vacancy by resignation of the sitting member on the 3rd day of November, 2014, we are directed to issue a Writ of Election for the election of a Member to the House of Assembly; AND

WHEREAS it is Our will and pleasure that a Writ of Election be issued for the Election of One Member to serve in the House of Assembly of Our Province of Ne wfoundland and Labrador for the Electoral District of Humber East; NOW KNOW YE that We do by this Our Proclamation direct that a Writ of Election for the Electoral District of Humber East be issued;

Proclamation re: By-Election for the Electoral District of Humber East 88/14 The Newfoundland and Labrador Gazette November 7, 2014 678 AND WE DO further direct 1. That the date set to be the last day for nomination of candidates for the Election is Saturday, the 15th day of November, 2014, at 2:00 p.m.; 2. That the place for the nomination of candidates is located at 1A Lester Avenue, Corner Brook, NL, A2H 2V2; 3. That the day of polling for the Election is Tuesday, the 25th day of November, 2014; and 4.

That the Writ of Election shall be issued on Monday, the 3rd day of November, 2014 and be returnable at the time and in the manner prescribed by Division E of the Act, together with the ret urn of the person to whom the writ is directed endorsed thereon, and all other documents and other things required to be transmitted to the Chief Electoral Officer by virtue thereof.

IN WITNESS WHEREOF we have caused the Great Seal of Our province to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable Frank F. Fagan, Member of the Order of Canada, Chancellor of the Order of Newfoundland and Labrador, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John's this 3rd day of November, in the year of Our Lord two thousand and fourteen in the sixty-third year of Our Reign. BY COMMAND, COLLEEN JANES Registrar General

The Newfoundland and Labrador Gazette November 7, 2014 679 NEWFOUNDLAND AND LABRADOR REGULATION 89/14 Proclamation re: By-Election for the Electoral District of Trinity – Bay De Verde under the Elections Act, 1991, and House of Assembly Act (O.C. 2014-331) (Filed November 4, 2014) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. FRANK F. FAGAN Lieutenant Governor JUDY MANNING Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS under the authority of

section 57 of the Elections Act, 1991 (the "Act"), and pursuant to

section 54 of the House of Assembly Act , upon the occurrence of a vacancy by resignation of the sitting member on the 5th day of September, 2014, we are directed to issue a Writ of Election for the election of a Member to the House of Assembly; AND

WHEREAS it is Our will and pleasure that a Writ of Election be issued for the Election of One Member to serve in the House of Assembly of Our Provinc e of Ne wfoundland and Labrador for the Electoral District of Trinity – Bay De Verde; NOW KNOW YE that We do by this Our Proclamation direct that a Writ of Election for the Electoral District of Trinity – Bay De Verde be issued;

Proclamation re: By-Election for the Electoral District of Trinity – Bay De Verde 89/14 The Newfoundland and Labrador Gazette November 7, 2014 680 AND WE DO further direct 1. That the date set to be the last day for nomination of candidates for the Election is Saturday, the 15th day of November, 2014, at 2:00 p.m.; 2. That the place for the nomination of candidates is located at the Sea Arch Efficiency Units , Building No. 1, Main Street, Burnt Point, A0A 1M0; 3. That the day of polling for the Election is Tuesday, the 25th day of November, 2014; and 4.

That the Writ of Election shall be issued on Monday, the 3rd day of November, 2014 and be returnable at the time and in the manner prescribed by Division E of the Act, together with the return of the person to whom the writ is directed endorsed thereon, and all other documents and other things required to be transmitted to the Chief Electoral Officer by virtue thereof.

IN WITNESS WHEREOF we have caused the Great Seal of Our province to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable Frank F. Fagan, Member of the Order of Canada, Chancellor of the Order of Newfoundland and Labrador, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John's this 3rd day of November, in the year of Our Lord two thousand and fourteen in the sixty-third year of Our Reign. BY COMMAND, COLLEEN JANES Registrar General

The Newfoundland and Labrador Gazette November 7, 2014 681 NEWFOUNDLAND AND LABRADOR REGULATION 90/14 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed November 5, 2014) Under the authority of

section 55 of the Judicature Act, the Rules Committee of the Court of Appeal makes the following rules. Dated at St. John’s, April 24, 2014. J. Derek Green Chairperson, Rules Committee RULES Analysis 1. Rule 57.01 Amdt.

Definitions 2. Rule 57.03 Amdt. Appeals 3. Rule 57.06 R&S Transcripts 4. Rule 57.06.1 Added Alternative to transcript 5. Rule 57.14Amdt. Appeal books 6. Transitional 1.

(1) Rule 57.01 of the Rules of the Supreme Court, 1986 is amended by adding immediately after paragraph (

e) the following: (e.1) "electronic version" means an electronic version in a format acceptable to the Court;

Rules of the Supreme Court, 1986 (Amendment) 90/14 The Newfoundland and Labrador Gazette November 7, 2014 682

(2) Rule 57.01 of the rules is amended be deleting the word "and" at the end of paragraph (l), by deleting the period at the end of paragraph (

m) and substituting a semi -colon and the word "and" and by adding immediately after paragraph (

m) the following: (n) "written transcript" means a printed transcript of the evidence but does not include submissions to the Court made by a party unless those submissions are necessary to enable an issue raised on appeal to be determined. 2. Rules 57.03(5), (6) and (7) of the rules are repealed. 3. Rule 57.06 of the rules is repealed and the following substituted: 57.06

(1) An appellant shall not file the written transcript in its entirety unless the whole of the transcript is necess ary to enable the issues on appeal to be determined.

(2) Together with the factum, the appellant, or the first appellant where there is more than one appellant, shall file with the Court (a) 4 copies of the portion of the written transcript that is necessary to enable the issues on appeal to be determined; and (

b) a certificate in Form 57.06A (

i) stating that the appellant is satisfied that the portions of the written transcript being filed are necessary to enable the issues on appeal to be determined, or (ii) if the appellant is satisfied, upon careful review, that the whole of the written transcript is necessary to enable the issues on appeal to be determined, stating, with particulars, the reasons for drawing that conclusion.

(3) Where there is mor e than one appellant, and an appellant other than the first appellant is satisfied that a portion of the written transcript has not been filed that is necessary to enable the issues on appeal to be determined, that appellant may file additional portions of Transcripts

Rules of the Supreme Court, 1986 (Amendment) 90/14 The Newfoundland and Labrador Gazette November 7, 2014 683 the transcript, and the requirements of rule 57.06(2) shall apply with the necessary changes.

(4) Where a respondent is satisfied that an appellant has not filed a portion of the written transcript that is necessary to enable the issues on appeal or on a cross-appeal to be determined, the respondent may file additional portions of the transcript, and the requirements of rule 57.06(2) shall apply with the necessary changes.

(5) Not later than 5 clear days before the hearing of the appeal, additional portions of the written transcript may be filed where a party determines it to be necessary to enable the issues on appeal or cross - appeal to be determined, and the requirements of rule 57.06(2) shall apply with the necessary changes.

(6) Upon filing a noti ce of appeal, the appellant, or the first appellant where there is more than one appellant, shall forthwith obtain a copy of the audio recording of the evidence from the court appealed from and shall deliver a copy to each party.

(7) The appellant, or the first appellant where there is more than one appellant, shall, (

a) without delay, arrange for preparation of a written transcript of the portion of evidence necessary for preparation of the factum; and (

b) forthwith advise each party what arrangement has been made and the date when the written transcript is expected to be completed.

(8) If the appellant fails to comply with rule 57.06(7), the respondent may make an application to the Court for directions, and the Court may give such directions and m ake such order as to costs as may be appropriate.

(9) In addition to the portion of the written transcript required to be filed under paragraphs 57.06(1) to (4), the appellant, or the first appellant where there is more than one appellant, shall file wit h the Court (

a) where the entire written transcript of the evidence has been prepared, one electronic version of the transcript; or

Rules of the Supreme Court, 1986 (Amendment) 90/14 The Newfoundland and Labrador Gazette November 7, 2014 684 (

b) where the entire written transcript of the evidence has not been prepared, (

i) one electronic version of the portio n of the written transcript that has been prepared, and (ii) one electronic version of the entire audio recording of the evidence.

(10) The Court may at any time, upon application or of its own motion, order the filing of all or part of the written transcript.

(11) A written transcript shall be prepared in accordance with the Recording of Evidence Act and the Transcript Standards Manual of the Court Reporters’ Office.

(12) Where possible a key word index shall be included at the end of the written transcript.

(13) A party disputing the accuracy of a transcript may make an application to the Court for directions.

(14) A Court determining the issues on appeal or cross -appeal may make an appropriate order as to costs if it is of the opinion that an appellant or respondent failed to comply with this rule.

(15) Together with a factum, one copy of each document filed with the Court shall be delivered to each party to the appeal.

(16) The cover of the written transcript shall be grey, and the transcript may be filed (

a) in a format in which 4 pages of the transcript are printed on a single page; and (

b) with the pages double-sided.

(17) Where the portion of the written transcript considered to be necessary to enable the issues on appeal or on cross -appeal to be determined is voluminous, a party may provide, or the Court may require a party to provide, a book of excerpts where that would be convenient for presentation of submissions at the oral hearing.

Rules of the Supreme Court, 1986 (Amendment) 90/14 The Newfoundland and Labrador Gazette November 7, 2014 685

(18) The parties may, by agreement, apply to the C ourt for an order and directions to permit the use of an electronic rather than a paper version of the written transcript.

(19) Upon application, or of its own motion, the Court may at any time dispense with the preparation and filing of a written transc ript and order that the appeal proceed using an audio recording of the proceedings in the court or tribunal from which the appeal is taken, and the Court may give such directions as may be appropriate. 4. The rules are amended by adding immediately aft er rule 57.06 the following: 57.06.1In lieu of the written transcript, an agreed statement of facts may be filed with the appellant’s factum along with a certificate signed on behalf of all parties indicating their agreement. 5.

(1) Rule 57.14(2) of the rules is repealed.

(2) Rule 57.14(3)(b)(iv) of the rules is repealed.

(3) Rule 57.14(3)(b)(vi) of the rules is repealed.

(4) Rule 57.14(4) of the rules is repealed and the following substituted:

(4) In a tribunal appeal an ap peal book shall be prepared so far as possible as prescribed by rule 57.14(3) but, if necessary, the appellant may apply to the Court for directions regarding the form and content of the appeal book.

(5) Rule 57.14(5) of the rules is repealed and the foll owing substituted:

(5) The parties may by agreement omit any exhibits or documents which would normally be included in an appeal book in order to avoid the filing of material not necessary to enable the issues raised on appeal to be determined.

(5.1) Where the matter under appeal proceeded by way of an agreed statement of facts, the agreed statement of facts shall be filed as part of the appeal book. Alternative to transcript

Rules of the Supreme Court, 1986 (Amendment) 90/14 The Newfoundland and Labrador Gazette November 7, 2014 686

(6) Rule 57.14(7) of the rules is repealed. 6. These amendments shall apply where the ord er under appeal was made after these amendments come into force. ©Queen's Printer Transitional

The Newfoundland and Labrador Gazette November 7, 2014 687 NEWFOUNDLAND AND LABRADOR REGULATION 91/14 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed November 5, 2014) Under the authority of

section 55 of the Judicature Act, the Rules Committee of the Court of Appeal makes the following rules. Dated at St. John’s, April 24, 2014. J. Derek Green Chairperson, Rules Committee RULES Analysis 1. Rule 57.02 Amdt. Leave to appeal 2. Rule 57.10 Amdt. Stay 3. Transitional 1. Rule 57.0 2(1)(

b) of the Rules of the Supreme Court, 1986 is amended by deleting the word "or" after the comma in subparagraph (i), deleting the period at the end of subparagraph (ii) and substituting a comma and the word "or", and adding immediately after subparagraph (ii) the following: (iii) made by the Supr eme Court, Trial Division regarding the stay of an order pending appeal.

Rules of the Supreme Court, 1986 (Amendment) 91/14 The Newfoundland and Labrador Gazette November 7, 2014 688 2.

(1) Rule 57.10(2) of the rules is repealed and the following substituted:

(2) On application of a party, the Court may (

a) stay an order appealed from pe nding disposition of t he appeal; and (

b) in respect of an order by a tribunal that has been the subject of judicial review or a statutory appeal, stay the order of the tribunal pending disposition of the appeal.

(2) Rule 57.10(5) of the rules is repealed and the following substituted:

(5) Where the Supreme Court, Trial Division has made an order regarding the stay of an order pending appeal, that order may be appealed to the Court of Appeal only with leave.

(6) Where no application to stay an order pending appeal has been made in the Supreme Court, Trial Division, an application to stay the order pending appeal may be made to the Court of Appeal. 3. These amendments to the rules shall apply where the order in respect of which a stay is being sought was made af ter these amendments come into force. ©Queen's Printer Transitional

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 7, 2014 689 Index

PART I Corporations Act – Notice ............................................................................................................................................................ 401 Judicature Act – Notices ............................................................................................................................................................... 402 Trustee Act – Notices ................................................................................................................................................................... 405

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. Elections Act, 1991 and House of Assembly Act Proclamation Re: NLR 88/14 New Nov 7/14 p. 677 By-Election for the Extraordinary Gazette Electoral District of Nov 4/14 Humber East Proclamation Re: NLR 89/14 New Nov 7/14 p. 679 By-Election for the Extraordinary Gazette Electoral District of Nov 4/14 Trinity - Bay De Verde Judicature Act Rules of the Supreme NLR 90/14 Rule 57.01 Amdt. Nov 7/14 p. 681 Court, 1986 (Amdt.) Rule 57.03 Amdt.

Rule 57.06 R&S Rule 57.06.1 Added Rule 57.14 Amdt. Rules of the Supreme NLR 91/14 Amends Nov 7/14 p. 687 Court, 1986 (Amdt.) Rule 57.02 Rule 57.10

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 7, 2014 690 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. Advertising rates are available upon request. Subscription rate for The Newfoundland and Labrador Gazette is $125.00 for 52 weeks plus applicable tax ($131.25). Weekly issues of $3.00 per copy, plus tax 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 Queen’s Printer, P. O. Box 8700, Ground Floor, East Block, Confedera tion 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 Place your order by contacting: Office of the Queen’s Printer Confederation Building, East Block St. John’s, NL A1B 4J6 Telephone: (709) 729-3649 Fax: (709) 729-1900 email: queensprinter@gov.nl.ca Government Information Product Publication Rate Mail G.S.T. # R107442683 All requests for Subscription and Legislation MUST be prepaid.

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2014-11-07
Type	gazette
Volume / chapter	printer gazette weekly issues 2014 nlg141107
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	fce673791f623fd20f7d94e73856613aa56e3862

Source file is stored in the law ingest library (pdf).