7BDirections hearing

7B Directions hearing

(1) On the filing of a pre-argument statement, the Regional Appeal Registrar must fix a time and place for a directions hearing by a Judge of the Appeal Division (or, if a Judge of the Appeal Division is not reasonably available, another Judge).

(2) The Regional Appeal Registrar must give written notice to each party to the appeal:

(a) identifying the registry that is to be the Appeal Registry; and

(b) setting out the time and place fixed for the directions hearing; and

(c) directing the appellant to attend the directions hearing; and

(d) if the respondent has instituted a cross-appeal, directing the respondent to attend the directions hearing.

(3) The following people must attend the directions hearing unless a Judge of the Appeal Division or the Judge conducting the directions hearing otherwise orders:

(a) the appellant and the appellant’s lawyer (if any);

(b) if a respondent has instituted a cross-appeal — that respondent and the respondent’s lawyer (if any).

(4) A respondent who has not instituted a cross-appeal, and the respondent’s lawyer (if any), may attend the directions hearing.

(5) However, if the Judge conducting the directions hearing decides to conduct a settlement conference, the respondent mentioned in subrule (4) must attend that conference.