62.23 Motion to Quash or Dismiss Appeal
(1) A party to an appeal may apply by notice of motionto the Court of Appeal for an order quashing the noticeof appeal or dismissing the appeal on the ground that(a) an appeal does not lie to the Court of Appeal,(b) the appeal is frivolous, vexatious or withoutgrounds, or(c) the appellant has unduly delayed preparation andperfection of the appeal.(2) On the hearing of a motion brought under paragraph(1), the Court of Appeal may deprive an applicant of costsor order him to pay costs, if he has unduly delayed making the motion.
The procedure to do this is by filing a Motion, whereby
the Applicant requests the appeal be dismissed on the basis that it is
“frivolous, vexatious or without grounds” within the meaning of Rule 62.23(1)(b) of the Rules
of Court. The affidavit evidence provided by the Applicant should support
the conclusion that the appeal is indeed frivolous (see Wilson v. Black 2007 NBCA 63 (CanLII), (2007), 318 N.B.R. (2d) 322, [2007] N.B.J.
No. 310 (QL), 2007 NBCA 63).
Here are a list of relevant decision in the Court of
Appeal of New Brunswick on this subject:
15 results
-
1.Wilson v. Black et al., 2010 NBCA 33 (CanLII) — 2010-03-09
Court of Appeal of New Brunswick — New Brunswickmotion — exécutrices — vexatious — auteures — frivolous[…] The motion for dismissal of the appeal under Rule 62.23(1)(b) of the Rules of Court is allowed and the appeal is dismissed with costs. […] By this motion, the respondents request the appeal be dismissed on the basis that it is "frivolous, vexatious or without grounds" within the meaning of Rule 62.23(1)(b) of […] [2] In the circumstances, we are satisfied that a dismissal order under Rule 62.23(1)(b) is warranted. […] -
2.Michaud v. Robertson, 2003 NBCA 79 (CanLII) — 2003-11-12
Court of Appeal of New Brunswick — New Brunswickperfect — transcribed — prepaid courier — motion — costs[…] ) This is a motion by the respondents, other than Par Syndication Group Inc., for an order dismissing the appeal pursuant to Rule 62.23(1)(c) of the Rules of Court […] The motion for an order under Rule 62.23(1)(c) is dismissed. […] The same approach is warranted when Rule 62.23(1)(c) is brought into play. […] -
3.Wilson v. Black, 2007 NBCA 63 (CanLII) — 2007-06-12
Court of Appeal of New Brunswick — New Brunswickco-executors — estate — devoid — thirty — motion[…] The motion under Rule 62.23(1)(b) of the Rules of Court is allowed and the appeal is dismissed with costs, which are fixed at $2,500. […] [4] Ms. Black applies, inter alia, for an order dismissing Mr. Wilson's appeal on the basis that it is "frivolous, vexatious or without grounds" (see Rule 62.23(1)(b) […] [6] In the circumstances, we are satisfied that a dismissal order under Rule 62.23(1)(b) is warranted. […]cited by 1 case -
4.J.B.C. Securities Ltd. v. R., 2003 NBCA 53 (CanLII) — 2003-07-31
Court of Appeal of New Brunswick — New Brunswickfreewill — online — blood living man — flesh — frivolous[…] (Order under Rule 62.23(1)(a), costs of $500) and Milk Marketing Board (N.B.) v. Goodine Dairy Farm 2002 NBCA 38 (CanLII), (2002), 251 N.B.R. (2d) 5 (C.A.) (Order […] s decision under s. 8(3) of the Judicature Act, R.S.N.B. 1973, c. J-2, his appeal, as framed, was clearly frivolous within the meaning of Rule 62.23(1)(b). […] abandon their appeal at the hearing and the practice of this Court has been to award relatively modest costs when granting orders under either Rule 62.23(1)(a) or (b). […]cited by 3 cases -
5.R. v. Parish, 1996 CanLII 4780 (NB CA) — 1996-01-18
Court of Appeal of New Brunswick — New Brunswickmotion — impediments — conviction — breathalyzer — defeated[…] It was made under three provisions: Rule 62.23(1)(c), the Rule covering Civil Appeals To The Court of Appeal, under Rule 64.16 which says: "This rule comes into force […] -
6.Law Society of New Brunswick v. Lee, 1998 CanLII 17616 (NB CA) — 1998-05-13
Court of Appeal of New Brunswick — New Brunswickreporter — transcript — motion — roll — re-enter[…] we grant the Law Society's motion and we dismiss her appeal for failure to comply with Rules 62.23(1)(c) and 62.24(1)(a) of the Rules of Court. […] -
7.Johnston v. College of Physicians and Surgeons of New Brunswick, 2003 NBCA 40 (CanLII) — 2003-05-13
Court of Appeal of New Brunswick — New Brunswickdisposition — chirurgiens — lie — persuading — burden[…] ) [1] The College of Physicians and Surgeons of New Brunswick moves for an order under Rule 62.23(1)(a) quashing Dr. James Johnston's notice of appeal on the ground […] -
8.Cyr v. Levesque, 2003 NBCA 64 (CanLII) — 2003-09-09
Court of Appeal of New Brunswick — New Brunswickordonnons — motion — perfected — vexatoire — frivole[…] ) This is a motion for an order dismissing the appeal on the ground that the appeal is "frivolous, vexatious or without grounds" within the meaning of Rule 62.23(1)(b) […] -
9.510559 N.B. Inc. (Miss Be Haven) v. R., 2004 NBCA 4 (CanLII) — 2004-01-13
Court of Appeal of New Brunswick — New Brunswickhonorable — perfect — dismissed — stand — rendered[…] ) [1] Upon the consent of the parties, the motion to dismiss the appeal under Rule 62.23(1)(c) of the Rules of Court is dismissed. […] -
10.Carmichael v. New Brunswick (Workplace Health, Safety and Compensation Commission, 2010 NBCA 42 (CanLII) — 2010-06-08
Court of Appeal of New Brunswick — New Brunswickperfect — indemnisation des accidents au travail — dismissal — rejet — entraînera[…] ) [1] This is a motion for an order under Rule 62.23(1)(c) of the Rules of Court dismissing the appeal on the ground that the appellant has unduly delayed […] -
11.510264 N.B. Inc. (Angie's Show Palace) v. R., 2004 NBCA 3 (CanLII) — 2004-01-13
Court of Appeal of New Brunswick — New Brunswickhonorable — perfect — dismissed — stand — rendered[…] ) [1] Upon the consent of the parties, the motion to dismiss the appeal under Rule 62.23(1)(c) of the Rules of Court is dismissed. […]cited by 1 case -
12.Mary and David Goodine Dairy Farm v. New Brunswick Milk Marketing Board, 2002 NBCA 38 (CanLII) — 2002-05-30
Court of Appeal of New Brunswick — New Brunswickinterlocutory — appealable — ruling — recusal — quash[…] While the applicant relies solely on Rule 62.23(1)(a), it is also necessary to examine paragraphs (b) and (c) of that Rule: […] response, the Board filed a Notice of Motion under Rule 62.23(1)(a) of the Rules of Court seeking an order quashing the Notice of Appeal and dismissing the appeal. […] [18] Notwithstanding the fact that the introductory words of Rule 62.23(1) refer to both an order to quash and an order to dismiss the appeal the only relief available […]cited by 12 cases -
13.Cyr v. Levesque, 2003 CanLII 7496 (NB CA) — 2003-12-16
Court of Appeal of New Brunswick — New Brunswickperfection — comply with the rules — departures — documents — vary the requirements[…] On June 23, 2003, the respondent Roland Levesque (Mr. Levesque), applied to the Court of Appeal by notice of motion under Rule 62.23 (1)(b) for an order quashing the […] -
14.Burgess v McKinnon-Burgess, 2011 CanLII 36918 (NB CA) — 2011-06-21
Court of Appeal of New Brunswick — New Brunswickextension of time — children — interim — delay — prescribed[…] to the Court of Appeal for an order dismissing the appeal on the ground that "the appellant has unduly delayed preparation and perfection of the appeal": Rule 62.23(1)(c). […] -
15.Grant v. Grant, 2011 NBCA 113 (CanLII) — 2011-12-15
Court of Appeal of New Brunswick — New Brunswickmotion — time — filing — run — prescrivant la remise[…] [1] The moving party has applied by Notice of Motion, pursuant to Rule 62.23(1)(a) of the Rules of Court, for an order quashing the Notice of Appeal or […]
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