5471Appeals to Court of Appeal—discontinuance of appeal

5471 Appeals to Court of Appeal—discontinuance of appeal (1) An appellant may discontinue the appeal or part of the appeal— (a) without the Court of Appeal’s leave, at any time before the hearing of the appeal; or

Appeals to Court of Appeal—ending all or part of appeal Division 5.4.6 Rule 5471 (b) only with the Court of Appeal’s leave, at the hearing, or after the hearing and before judgment. (2) However, if the appeal is to be decided by written cases under part 5.8 (Written cases), an appellant may discontinue the appeal or a part of the appeal— (a) without the Court of Appeal’s leave, at any time before, or on, the last day that the appellant may file written submissions under or (b) only with the Court of Appeal’s leave, at any time after the last day mentioned in paragraph (a), but before judgment. (3) The appellant may discontinue the appeal by filing a notice of discontinuance in the court, and serving a stamped copy of the notice on each party to the appeal. Note See approved form 5.15 (Court of Appeal—notice of discontinuance) AF2015-59. (4) If the appeal or a part of the appeal is discontinued— (a) the appeal or part of the appeal is abandoned by the appellant; and (b) the discontinuance does not affect any other appellant in the (5) If the appeal or a part of the appeal is discontinued in a civil proceeding, the appellant must pay the costs of the other parties caused by the appeal or part of the appeal discontinued, unless the Court of Appeal otherwise orders. (6) The Court of Appeal may make an order under subrule (5) on application by a party to the appeal or on its own initiative.

Division 5.4.6 Appeals to Court of Appeal—ending all or part of appeal Rule 5472