684 THE ADVOCATE
VOL. 79 PART 5 SEPTEMBER 2021
or the registrar on an application or on their own motion. This section provides
parties with useful clarity on the application of the doctrine of functus
and provides the added benefit of the power of the court to make corrections
on its own motion.
Case Management
Another helpful addition to the Proposed Rules is an enhanced and clarified
case management power.19 Rule 29 of the current Rules provides for prehearing
conferences. Unfortunately, this procedural tool seems to go relatively
unused in civil appeals, despite its potential to streamline and
simplify complex and difficult appeals.
The low profile of Rule 29 is now replaced by a new set of rules that
specify with greater precision what exactly a single justice may do at a case
management conference, together with the process for setting a case management
conference.
Under Rule 47 of the Proposed Rules, a party may write to the registrar
and request case management. A justice may also make such a direction. In
a case management conference, a justice may make orders or give directions
to manage an appeal without the necessity of an application. Under
Rule 48 of the Proposed Rules, such orders “include” but are notably not limited
to:
(a) simplifying or isolating issues on appeal;
(b) setting the time for the hearing of the appeal;
(c) setting a schedule for the steps required to bring the appeal to
hearing;
(d) requiring that two or more appeals be heard together;
(e) permitting substitutional service;
(f) allowing a factum to include additional pages;
(g) requiring that monies be paid in and out of court;
(h) amending, in any manner, any materials filed in the court;
(i) granting permission to hear an application on shorter notice than
otherwise required under these rules;
(j) granting cross-examination on an affidavit;
(k) settling the contents of an appeal record, appeal book, transcript or
transcript extract.
Case management conferences may be heard in person, by telephone or
videoconference, or in writing.20