When is the deadline for motion for leave to review an order of a judge of the court of appeal?
The catalogue records a 7 working-days period from Date of the order to be reviewed. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
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In preparation
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Example pending review
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Calculation basis and source
- Period
- 7 working-days
- Trigger
- Date of the order to be reviewed
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Rule 90.37(12)(h) - a judge of the Court of Appeal may extend or abridge any time prescribed by Rule 90 before or after expiration. Note the narrow gateway: only an order of a judge in chambers that DISPOSES OF AN APPEAL may be reviewed, and only with leave of the Chief Justice (r 90.38(3)).
- Jurisdictionally significant: r 90.38(2) provides that 'An order of a judge of the Court of Appeal in chambers is a final order of the Court of Appeal, subject only to review under this Rule 90.38', and r 90.38(10) provides that an order granting leave to review is itself a final order 'and is not subject to further review'. This is the end of the provincial road.