2015), dismissed an appeal due to untimely
service of the notice of appeal where appellant had received written notice of the entry of the order via email, -LSB-...]
When the case was called on Monday, counsel to the respondent, Adedipe informed the
court of a notice of Appeal he had filed against the court's ruling as well as a motion for stay of further proceedings.
The injury claimant sought an order quashing that
portion of the notice of appeal, arguing that the order discharging the jury was interlocutory and leave to appeal would be required.
At the contempt hearing, Husband argued the filing
of the notice of appeal stayed the temporary order and thus divested the family court of jurisdiction to proceed with the contempt hearing.
Counsel assumes service
of the notice of appeal on the Chartered Professional Accountants of Alberta will cause preparation of the appropriate record by the tribunal secretary.
(4) The required appeal commencement fee as set out in the Fee Schedule for Domestic Commercial Arbitration must accompany the copy
of the Notice of Appeal sent to the Centre.
At the same time that you file proof of
service of the Notice of Appeal and proof of ordering the transcript, you must file a Notice of Hearing of Appeal in Form 75 of the Supreme Court Rules.
(9.5) On the filing
of a notice of appeal, the imposition of any sanction is stayed until the final disposition of the appeal.
(1) On the filing
of a Notice of Appeal and payment of the appeal commencement fee the Centre shall, within 5 days, deliver to each party a list of those members of the Centre's Panel who are available to hear an appeal.
(ii) Copies
of your Notice of Appeal (iii) The transcript, if one was ordered.
5.2.1 The statement of facts and issues and the appendix must be filed by the appellant within 112 days after the filing of the notice under rule 18 (1)(c) or the filing
of the notice of appeal: rule 22 (1).
8.11.2 Notice of intention to file an appeal, with a copy
of the notice of appeal, must be served on the Comptroller - General of Patents, Designs and Trade Marks, as well as on the respondents.
8.3.3 If permission to cross-appeal is not required, the notice of cross-appeal must be filed with the prescribed fee within 42 days of the grant by the Court of permission to appeal or the filing
of the notice of appeal.
(4) On receipt of the copy
of the notice of appeal, the Board shall promptly serve the parties with the record of the proceeding before the Board, including a transcript of the oral evidence given at the hearing, and shall promptly file the record and transcript, with proof of service, with the court.