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Court Procedures Rules
5174Appeals to Supreme Court—dismissal by consent
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5174 Appeals to Supreme Court—dismissal by consent
(1) The parties to the appeal may agree that the appeal be dismissed by
(2) Rule 1612 (Orders—by consent in proceeding) applies, with any
necessary changes, to an order for the dismissal of the appeal by
(3) Without limiting subrule (2), the order may provide that—
(a) an amount secured for the costs of the appeal be paid to a party
stated in the order; or
(b) the appellant pay the respondent’s costs of the appeal to be
assessed; or
Rule 5175
(c) the appellant pay the respondent’s costs of the appeal agreed as
a stated amount; or
(d) the appellant pay the respondent’s costs of the appeal, to be
satisfied from an amount secured for the costs of the appeal with
any balance to be paid to a stated party or the party’s solicitor;
or
(e) there be no order for the costs of the appeal.
(4) Unless the Supreme Court otherwise orders in relation to an amount
secured for the costs of the appeal, on the dismissal of the appeal, the
registrar of the Supreme Court may pay the amount to the successful
(5) The payment may be made to the solicitor on the record for the