GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Supreme Court Act — S-26 67
Money levied and not paid over before fiat 67 Where at the time of the receipt by the sheriff of a fiat, or of a copy thereof, the money has been made or received by the sheriff, but not paid over to the party who issued the execution, the party appealing may demand back from the sheriff the amount made or received under the execution, or so much thereof as is in the sheriff’s hands not paid over, and in default of payment by the sheriff, on that demand, the party appealing may recover the money from the sheriff in an action for money had and received or by means of an order or rule of the court appealed from. R.S., c. S-19, s. 72
Supreme Court Act — S-26 68
Perishable property 68 Where a judgment appealed from directs the delivery of perishable property, the court appealed from, or a judge thereof, may order the property to be sold and the proceeds to be paid into court, to abide the judgment of the Supreme Court. R.S., c. S-19, s. 73
Supreme Court Act — S-26 69
Notice 69 (1) An appellant may discontinue the proceedings by giving to the Registrar and the respondent a notice entitled in the Court and in the cause, and signed by the appellant or the appellant’s attorney or solicitor, stating that the appellant discontinues the proceedings. Respondent entitled to costs (2) On the notice referred to in subsection (1) being given, the respondent is at once entitled to the costs of and occasioned by the proceedings in appeal, and may, in the court of original jurisdiction, either sign judgment for those costs or obtain an order from that court or a judge thereof for their payment, and may take all further proceedings in that court as if no appeal had been brought. R.S., c. S-19, s. 74; R.S., c. 44(1st Supp.), s. 8
Supreme Court Act — S-26 70
Consent to reversal 70 A respondent may consent to the reversal of the judgment appealed against by giving to the appellant a notice entitled in the Court and in the cause, and signed by the respondent or the respondent’s attorney or solicitor, stating that the respondent consents to the reversal of the judgment, and thereupon the Court or a judge shall pronounce judgment of reversal as of course. R.S., c. S-19, s. 75
Supreme Court Act — S-26 71
Dismissal for delay to proceed 71 (1) Where an appellant unduly delays to prosecute the appeal, or fails to bring on the appeal to be heard at the first session of the Court, after the appeal is ripe for hearing, the respondent may, on notice to the appellant, move the Court, or a judge in chambers, for the dismissal of the appeal. Order (2) Such order shall thereupon be made as the Court or judge deems just. R.S., c. S-19, s. 76
Supreme Court Act — S-26 72
Death of one of several appellants 72 In the event of the death of one of several appellants, pending the appeal to the Court, a suggestion may be filed of the death, and the proceedings may thereupon be continued at the suit of and against the surviving appellant as if the surviving appellant were the sole appellant. R.S., c. S-19, s. 77
Supreme Court Act — S-26 73
Death of sole appellant or all appellants 73 (1) In the event of the death of a sole appellant, or of all the appellants, the legal representative of the sole appellant, or of the last surviving appellant, may, by leave of the Court or a judge, file a suggestion of the death, and that he is that legal representative, and the proceedings may thereupon be continued at the suit of and against the legal representative as the appellant. If no suggestion (2) If the suggestion referred to in subsection (1) is not made, the respondent may proceed to an affirmance of the judgment, according to the practice of the Court, or take such other proceedings as the respondent is entitled to take. R.S., c. S-19, s. 78
Supreme Court Act — S-26 74
Death of one of several respondents 74 In the event of the death of one of several respondents, a suggestion may be filed of the death and the proceedings may be continued against the surviving respondents. R.S., c. S-19, s. 79
Supreme Court Act — S-26 75
If suggestion of death untrue 75 A suggestion of the death of one of several appellants, of a sole appellant, of all the appellants or of one of several respondents, if untrue, may on motion be set aside by the Court or a judge. R.S., c. S-19, s. 80
Supreme Court Act — S-26 76
Death of sole respondent or all respondents 76 In the event of the death of a sole respondent or of all the respondents, the appellant may proceed, on giving one month’s notice of the appeal and of the appellant’s intention to continue the appeal, to the representative of the deceased party, or, if no such notice can be given, on such notice to the parties interested as a judge of the Court directs. R.S., c. S-19, s. 81
Supreme Court Act — S-26 77
Death of party where judgment against deceased 77 In the event of the death of a sole plaintiff or defendant before the judgment of the court in which an action or appeal is pending is delivered, and if the judgment is against the deceased party, the legal representatives of the deceased party, on entering a suggestion of the death, are entitled to proceed with and prosecute an appeal in the Supreme Court in the same manner as if they were the original parties to the suit. R.S., c. S-19, s. 82
Supreme Court Act — S-26 78
Death of party where judgment in favour of deceased 78 In the event of the death of a sole plaintiff or sole defendant before the judgment of the court in which an action or appeal is pending is delivered, and if the judgment is in favour of the deceased party, the other party, on entering a suggestion of the death, is entitled to proceed with and prosecute an appeal in the Supreme Court against the legal representatives of the deceased party, but the time limited for appealing shall not run until the legal representatives are appointed. R.S., c. S-19, s. 83
Supreme Court Act — S-26 79
Entry of appeals and order of hearing 79 Unless otherwise ordered by the Chief Justice or one of the puisne judges at the Chief Justice’s direction, the appeals set down for hearing shall be (a) entered by the Registrar on a list in the order in which they have been inscribed for hearing; and (b) heard in the order that the Registrar considers appropriate and disposed of. R.S., 1985, c. S-26, s. 79; 1990, c. 8, s. 41; 1994, c. 44, s. 102
Supreme Court Act — S-26 80
Affidavits 80 All persons authorized to administer affidavits to be used in any of the superior courts of any province may administer oaths and take and receive affidavits, declarations and solemn affirmations in that province to be used in the Court. R.S., c. S-19, s. 85
Supreme Court Act — S-26 81
Appointment of commissioners 81 (1) The Governor in Council may, by commission, empower such persons as the Governor in Council thinks necessary, within or outside Canada, to administer oaths and take and receive affidavits, declarations and solemn affirmations in or concerning any proceeding had or to be had in the Court. Effect of affidavits (2) Every oath, affidavit, declaration or solemn affirmation taken or made pursuant to subsection (1) is as valid and of the like effect, to all intents, as if it had been administered, taken, sworn, made or affirmed before the Court or before any judge or competent officer thereof in Canada. Style of commissioners (3) Every commissioner empowered pursuant to subsection (1) shall be styled “a commissioner for administering oaths in the Supreme Court of Canada”. R.S., c. S-19, s. 86
Supreme Court Act — S-26 82
How affidavits, declarations or affirmations may be made outside Canada 82 Any oath, affidavit, declaration or solemn affirmation concerning any proceeding had or to be had in the Court administered, taken, sworn, made or affirmed outside Canada is as valid and of the same effect to all intents as if it had been administered, taken, sworn, made or afffirmed before a commissioner appointed under this Act, if it is so administered, taken, sworn, made or affirmed outside Canada before (a) a commissioner authorized to take and receive affidavits to be used in Her Majesty’s High Court of Justice in England; (b) a notary public and certified under his hand and official seal; (c) a mayor or chief magistrate of any city, borough or town corporate in any part of the Commonwealth and Dependent Territories other than Canada, or in any foreign country, and certified under the common seal of that city, borough or town corporate; (d) a judge of any court of superior jurisdiction in any part of the Commonwealth and Dependent Territories other than Canada and certified under the seal of the court of which he is a judge; or (e) a consul, vice-consul, acting consul, pro-consul or consular agent of Her Majesty exercising his functions in any foreign place and certified under his official seal. R.S., c. S-19, s. 87
Supreme Court Act — S-26 83
No proof required of signature or seal of commissioner 83 Every document purporting to have affixed, imprinted or subscribed thereon or thereto the signature of (a) a commissioner appointed under this Act, (b) a person authorized to take affidavits to be used in any of the superior courts of any province, or (c) any one of the persons referred to in paragraphs 82(a) to (e), whose signature is certified in the manner therein provided, in testimony of any oath, affidavit, declaration or solemn affirmation having been administered, taken, sworn, made or affirmed by or before that person, shall be admitted in evidence without proof of the signature or seal or official character of that person. R.S., c. S-19, s. 88
Supreme Court Act — S-26 84
Informality not an objection 84 No informality in the heading or other formal requisites of any affidavit, declaration or solemn affirmation, made or taken before any person under any provision of this Act or any other Act, shall be an objection to its admission in evidence in the Court, if the court or judge before which or whom it is tendered thinks proper to admit it, and if it is actually sworn to, declared or affirmed by the person making it before any person duly authorized thereto and is admitted in evidence, no such informality shall be set up to defeat an indictment for perjury. R.S., c. S-19, s. 89
Supreme Court Act — S-26 85
Examination on interrogatories or by commission 85 (1) If a party to any proceeding had or to be had in the Court is desirous of having therein the evidence of any person, whether a party or not or whether resident within or outside Canada, the Court or a judge, if in the opinion of the Court or judge it is, owing to the absence, age or infirmity or the distance of the residence of that person from the place of trial, the expense of taking the evidence otherwise, or for any other reason, convenient to do so, may, on the application of that party, order the examination of that person on oath, by interrogatories or otherwise, before the Registrar, any commissioner for taking affidavits in the Court or any other person or persons to be named in the order, or may order the issue of a commission under the seal of the Court for the examination. Court may give directions (2) The Court or a judge may, by the order described in subsection (1) or any subsequent order, give all such directions concerning the time, place and manner of the examination, the attendance of the witnesses and the production of papers at the examination, and all matters connected therewith, as appears reasonable. R.S., c. S-19, s. 90
Supreme Court Act — S-26 86
Duty of persons taking such examination 86 Every person authorized to take the examination of any witness pursuant to this Act shall take the examination on the oath of the witness, or on solemn affirmation, in any case in which solemn affirmation instead of oath is allowed by law. R.S., c. S-19, s. 91
Supreme Court Act — S-26 87
Further examination 87 The Court or a judge may, if it is considered for the ends of justice expedient to do so, order the further examination, before either the Court or a judge, or other person, of any witness, and if the party on whose behalf the evidence is tendered neglects or refuses to obtain such further examination, the Court or judge, in its or his discretion, may decline to act on the evidence. R.S., c. S-19, s. 92
Supreme Court Act — S-26 88
Notice to adverse party 88 Such notice of the time and place of examination as is prescribed in the order made under section 87 shall be given to the adverse party. R.S., c. S-19, s. 93
Supreme Court Act — S-26 89
Neglect or refusal to attend 89 (1) Where an order is made for the examination of a witness and a copy of the order, together with a notice of the time and place of attendance, signed by the person or one of the persons to take the examination, has been duly served on the witness within Canada, and the witness has been tendered the legal fees for attendance and travel, the refusal or neglect of the witness to attend for examination or to answer any proper question put on examination, or to produce any paper that the witness has been notified to produce, shall be deemed a contempt of court and may be punished by the same process as other contempts of court. Where no compulsion (2) In the course of the examination referred to in subsection (1), the witness shall not be compelled to produce any paper that he would not be compelled to produce or to answer any question that he would not be bound to answer in court. R.S., c. S-19, s. 94
Supreme Court Act — S-26 90
Effect of consent of parties to examination of witness 90 Where the parties in any case pending in the Court consent in writing that a witness may be examined within or outside Canada by interrogatories or otherwise, the consent and the proceedings had under it are as valid in all respects as if an order had been made and the proceedings had under the order. R.S., c. S-19, s. 95
Supreme Court Act — S-26 91
Examinations taken in Canada 91 (1) All examinations taken in Canada pursuant to this Act shall be returned to the Court. Depositions to be used in evidence (2) The depositions taken in the course of an examination referred to in subsection (1), certified under the hands of the person or one of the persons taking them, may, without further proof, be used in evidence, saving all just exceptions. R.S., c. S-19, s. 96
Supreme Court Act — S-26 92
Examinations taken outside Canada 92 (1) All examinations taken outside Canada pursuant to this Act shall be proved by affidavit of the due taking of the examinations, sworn before a commissioner or other person authorized under this Act or any other Act to take the affidavit, at the place where the examination has been taken, and shall be returned to the Court. Depositions to be used in evidence (2) The depositions returned to the Court under subsection (1), together with the affidavit, and the order or commission, closed under the hand and seal of the person or one of the persons authorized to take the examination, may, without further proof, be used in evidence, saving all just exceptions. R.S., c. S-19, s. 97
Supreme Court Act — S-26 93
Reading of examination 93 Where any examination has been returned, any party may give notice of the return, and no objection to the examination being read has effect unless taken within the time and in the manner prescribed by general order. R.S., c. S-19, s. 98
Supreme Court Act — S-26 94
Process of the Court 94 (1) The process of the Court runs throughout Canada and shall be tested in the name of the Chief Justice or, in case of a vacancy in the office of Chief Justice, in the name of the senior puisne judge, and shall be directed to the sheriff of any county or other judicial division into which any province is divided. Officers of the Court (2) The sheriffs of the counties or other judicial divisions of the provinces are ex officio officers of the Court and shall perform the duties and functions of sheriffs in connection with the Court. Coroners (3) In any case where the sheriff is disqualified, the process shall be directed to any of the coroners of the county or district. R.S., c. S-19, s. 99
Supreme Court Act — S-26 95
Further powers of commissioners 95 Every commissioner for administering oaths in the Supreme Court, who resides within Canada, may take and receive acknowledgments and any kind of recognizance in the Court. R.S., 1985, c. S-26, s. 95 2019, c. 25, s. 391
Supreme Court Act — S-26 96
Orders for payment of money 96 (1) An order in the Court for payment of money, whether for costs or otherwise, may be enforced by such writs of execution as the Court prescribes. No attachment for non-payment only (2) No attachment as for contempt shall issue in the Court for the non-payment of money only. R.S., c. S-19, ss. 101, 102
Supreme Court Act — S-26 97
Judges may make rules and orders 97 (1) The judges, or any five of them, may make general rules and orders (a) for regulating the procedure of and in the Court and the bringing of cases before it from courts appealed from or otherwise, and for the effectual execution and working of this Act and the attainment of the intention and objects thereof; (b) for allowing appeals in forma pauperis by leave, notwithstanding the provisions of this Act or any other Act requiring the giving of security for costs, and for allowing a respondent leave to defend in forma pauperis ; (c) for empowering the Registrar to do any such thing and transact any such business as is specified in the rules or orders, and to exercise any authority and jurisdiction in respect of the rules or orders as may be done, transacted or exercised by a judge sitting in chambers by virtue of any statute or custom or by the practice of the Court; (d) for fixing the fees and costs to be taxed and allowed to, and received and taken by, and the rights and duties of, the officers of the Court; (e) for awarding and regulating costs in the Court in favour of and against the Crown, as well as the subject; and (f) with respect to matters coming within the jurisdiction of the Court, with respect to references to the Court by the Governor in Council, and in particular with respect to investigations of questions of fact involved in any such reference. Extent of rules and orders (2) The rules and orders may extend to any matter of procedure or otherwise not provided for by this Act, but for which it is found necessary to provide, in order to ensure the proper working of this Act and the better attainment of the objects thereof. Force of rules and orders (3) All rules not inconsistent with the express provisions of this Act have force and effect as if herein enacted. Copies to be laid before Parliament (4) Copies of all rules and orders made under this section shall be laid before each House of Parliament on any of the first fifteen days after the making thereof on which that House is sitting. R.S., 1985, c. S-26, s. 97; R.S., 1985, c. 34 (3rd Supp.), s. 7
Supreme Court Act — S-26 98
Payment of costs due to or by Crown 98 Any moneys or costs awarded to the Crown shall be paid to the Receiver General, and the Minister of Finance shall cause to be paid out of any unappropriated moneys forming part of the Consolidated Revenue Fund any moneys or costs awarded to any person against the Crown. R.S., c. S-19, s. 104
Supreme Court Act — S-26 99
Crown entitled to costs notwithstanding solicitor or counsel salaried officer 99 (1) In any proceeding to which Her Majesty is a party, either as represented by the Attorney General of Canada or otherwise, costs adjudged to Her Majesty shall not be disallowed or reduced on taxation merely because the solicitor or the counsel who earned the costs, or in respect of whose services the costs are charged, was a salaried officer of the Crown performing such services in the discharge of his duty and remunerated therefor by his salary, or for that or any other reason not entitled to recover any costs from the Crown in respect of the services so rendered. Costs paid into C.R.F. (2) The costs recovered by or on behalf of Her Majesty in any case referred to in subsection (1) shall be paid into the Consolidated Revenue Fund. R.S., c. S-19, s. 105
Supreme Court Act — S-26 100
Fees payable 100 All fees payable to the Registrar under this Act shall be paid into the Consolidated Revenue Fund and the Registrar shall regulate the collection of those fees. R.S., c. S-19, s. 106; R.S., c. 44(1st Supp.), s. 9
Surplus Crown Assets Act — S-27 1
Short title 1 This Act may be cited as the Surplus Crown Assets Act . R.S., c. S-20, s. 1
Surplus Crown Assets Act — S-27 2
Definitions 2 In this Act, accepted surplus Crown assets , in respect of a department or federal body, means surplus Crown assets identified in a notice sent to the department or federal body under subsection 4(2) that have not been deleted from the notice with the authority of the Minister or disposed of pursuant to this Act; ( biens désignés ) Board [Repealed, R.S., 1985, c. 22 (1st Supp.), s. 1] Corporation [Repealed, R.S., 1985, c. 22 (1st Supp.), s. 1] department has the same meaning as the definition of that term, other than paragraph (c) thereof, in section 2 of the Financial Administration Act ; ( ministère ) federal body means a board, commission, corporation or other body that is an agent of Her Majesty or is ultimately accountable to Parliament for the conduct of its affairs including, notwithstanding Part X of the Financial Administration Act , a Crown corporation as defined in subsection 83(1) of that Act, but does not include a department; ( organisme fédéral ) government department [Repealed, 1992, c. 54, s. 82] Minister means the Minister of Public Works and Government Services; ( ministre ) surplus Crown assets , in respect of a department or federal body, means property of Her Majesty in its custody or under its control that the department or federal body has determined is surplus to its requirements. ( biens de surplus de la Couronne ) R.S., 1985, c. S-27, s. 2; R.S., 1985, c. 22 (1st Supp.), s. 1, c. 35 (4th Supp.), s. 13; 1992, c. 54, s. 82; 1996, c. 16, s. 60
Surplus Crown Assets Act — S-27
accepted surplus Crown assets , in respect of a department or federal body, means surplus Crown assets identified in a notice sent to the department or federal body under subsection 4(2) that have not been deleted from the notice with the authority of the Minister or disposed of pursuant to this Act; ( biens désignés )
Surplus Crown Assets Act — S-27
Board [Repealed, R.S., 1985, c. 22 (1st Supp.), s. 1]
Surplus Crown Assets Act — S-27
Corporation [Repealed, R.S., 1985, c. 22 (1st Supp.), s. 1]
Surplus Crown Assets Act — S-27
department has the same meaning as the definition of that term, other than paragraph (c) thereof, in section 2 of the Financial Administration Act ; ( ministère )
Surplus Crown Assets Act — S-27
federal body means a board, commission, corporation or other body that is an agent of Her Majesty or is ultimately accountable to Parliament for the conduct of its affairs including, notwithstanding Part X of the Financial Administration Act , a Crown corporation as defined in subsection 83(1) of that Act, but does not include a department; ( organisme fédéral )
Surplus Crown Assets Act — S-27
government department [Repealed, 1992, c. 54, s. 82]
Surplus Crown Assets Act — S-27
Minister means the Minister of Public Works and Government Services; ( ministre )
Surplus Crown Assets Act — S-27
surplus Crown assets , in respect of a department or federal body, means property of Her Majesty in its custody or under its control that the department or federal body has determined is surplus to its requirements. ( biens de surplus de la Couronne )
Surplus Crown Assets Act — S-27 2.1
Application 2.1 This Act does not apply in respect of real property or immovables as defined in the Federal Real Property and Federal Immovables Act or licences in respect thereof. 1991, c. 50, s. 42; 2001, c. 4, s. 170