New BCCA Directives & Notices: Appeal Scheduling, Extension Refusals and Five Justice Divisions

September 14, 2010

Last week the BC Court of Appeal posted notice of three significant Practice Directives or Practice Notes.

The first is a Practice Note addressing the scheduling of appeal sittings in Kamloops, Kelowna, and Prince George:

The Court of Appeal is adopting a new way of scheduling appeals in the interior of the province. Appeals will be scheduled individually based on the local interest or importance of the litigation. The procedure for requesting a hearing can be found in this Practice Note.

Second, the Court posted notice of a Practice Directive explaining the consequences of an order refusing the extension of time:

Where an extension of time is refused, and the refusal effectively stops an appeal, the order refusing the extension of time shall also include a direction that the appeal is dismissed as abandoned pursuant to s. 10(2)(e) of the Court of Appeal Act. Please see the new Practice Directive here.

Finally, the Court announced an amendment to the Practice Directive on Five Justice Divisions:

The Practice Directive on Five Justice Divisions has been amended to require that the request for a five justice division be made at least two months before the appeal is scheduled to be heard.

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