14.16: Filing the Appeal Record – standard appeals
14.45: Application to admit new evidence
14.64: Failure to meet deadlines

Case Summary

The Applicant, Vanmaele, applied for a Stay of Enforcement of an Order requiring him to vacate property. Vanmaele applied for the Stay pending his Appeal of the Order.

The Court granted Vanmaele the requested Stay and briefly summarized some of the Rules governing Appeals given that Vanmaele was a self-represented litigant and may not have been aware of the process generally. Watson J.A. confirmed that Vanmaele’s Appeal would be struck automatically if he had not filed his Appeal Record within four months of filing his Notice of Appeal as stipulated in Rules 14.64 and 14.16(3). Watson J.A. further clarified that if Vanmaele sought to introduce new evidence on the Appeal, he was required to file and serve on the other parties a Notice of Motion seeking to introduce that new evidence, which must be described by properly constituted Affidavits or Statutory Declarations under Rule 14.45.

The Application was granted with no mention of Costs.

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