5112Appeals to Supreme Court—cross-appeal

5112 Appeals to Supreme Court—cross-appeal (1) If a respondent wants to appeal from all or part of the order appealed from, or wants an amendment of the order, the respondent need not start a substantive appeal. (a) file a notice of cross-appeal in the Supreme Court not later than 28 days after the day the notice of appeal is served on the respondent, or not later than any further time allowed by the (b) serve a sealed copy of the notice of cross-appeal, not later than 7 days after the day the notice of cross-appeal is filed, but no later than 5 days before the day for settling the appeal papers, unless the Supreme Court otherwise orders, on the following: appealed from was made (the original proceeding) who would be directly affected by the order that the respondent seeks. Note 1 See approved form 5.5 (Supreme Court—notice of cross-appeal) AF2006-389. Note 3 For the use of a notice of contention instead of a notice of cross-appeal, see r 5115. (3) If a party mentioned in subrule (2) (b) (ii) filed a notice of intention to respond or defence (however described) in the court or tribunal that made the order appealed from, or otherwise gave the court or tribunal an address for service (however described), the notice of cross-appeal may be served on the party at the party’s address for service (however described) in the original proceeding.

Rule 5112 (4) Part 6.8 (Service) applies to this rule as if a reference to an address subrule (3). (5) The notice of cross-appeal must state— (a) whether the appeal is from all or part of the order or seeks an amendment of the order; and (b) if the appeal is from part of the order or seeks an amendment of the order—the part the respondent cross-appeals from; and (i) the order that the respondent seeks instead of the order cross-appealed; or (ii) the amendment of the order that the respondent seeks; and (d) whether the respondent will seek to put further evidence before the Supreme Court; and (e) if further evidence is to be put before the Supreme Court— briefly the nature of the evidence and what is sought to be proved; and contended that there is an error of law in the order appealed (6) On the hearing of a cross-appeal, the respondent bringing the cross-appeal must not, without the Supreme Court’s leave— (a) raise any question that is not stated in the notice of cross-appeal; or

Rule 5113 cross-appeal; or notice of cross-appeal.