Does the fact that the applicant's counsel misunderstood the Rules of Civil Procedure apply to the Court of Appeal?
Canada (Federal), Canada
The following excerpt is from CP Ships Trucking Ltd. v. Kuntze, 2006 FC 1174 (CanLII):
Additionally, the fact that the applicant's counsel had misunderstood the Rules was not beyond the applicant's control, within the meaning of Chin v. Canada. The opinion given by Reed J. indicated that a reason beyond the control of counsel or the applicant might be illness or some other unexpected or unanticipated event. Misunderstanding the Rules cannot under any circumstances be regarded as an unexpected or unanticipated event.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a court of appeal's rejection of an insufficiency of evidence claim under section 21 of the Civil Code of Civil Procedure apply to the federal courts? (MultiRegion, United States of America)
When an action is transferred to a different court in a different jurisdiction under Section 1404(a) of the Civil Code of Civil Procedure, what state law applies in the other court? (MultiRegion, United States of America)
Does a defendant have to bring a motion before the Court of Appeal to dismiss his prior conviction for a violation of Section 2255 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Does a Minister of Justice have to comply with Rule 18 of the Rules of Procedure, or is it a breach of procedural fairness if the Minister of Citizenship and Immigration refuses to forgoing Rule 18? (Canada (Federal), Canada)
Does a Rule 48(a) motion for an application to appeal against the Court of Appeal be untimely? (MultiRegion, United States of America)
Can a party be found guilty of a wilful violation of section 362(a) of the Civil Code of Civil Procedure for failing to comply with the automatic stay of a motion by the Court of Appeal? (MultiRegion, United States of America)
Does the fact that a state appellate court has been granted a hearing on an application for habeas corpus relief at the Superior Court of Appeal invalidate the application? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
How have the courts interpreted rules 215 and 216 of the new Rules of Civil Procedure? (Canada (Federal), Canada)
What is the purpose of paragraph 117(9)(d) of the Rules of Civil Procedure and Civil Procedure, or is it limited to deliberate or fraudulent non-disclosure? (Canada (Federal), Canada)
