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Court Procedures Rules
5474Appeals to Court of Appeal—dismissal by consent
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5474 Appeals to Court of Appeal—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
Appeals to Court of Appeal—ending all or part of appeal Division 5.4.6
Rule 5475
(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
(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 Court of Appeal otherwise orders in relation to an amount
secured for the costs of the appeal, on the dismissal of the appeal, the
registrar may pay the amount to the successful respondent.
(5) The payment may be made to the solicitor on the record for the