Clause 65

by deleting subsection (3) and substituting the following subsection:“(3) The Court of Appeal may receive further evidence —

by oral examination in court;

by affidavit;

by deposition taken before an examiner or a commissioner; or

in any other manner that the Court of Appeal allows.”; and

by inserting, immediately after subsection (7), the following subsections:“(8) Where an application for permission to adduce further evidence in an appeal before the Court of Appeal is heard and decided by a single Judge or 2 Judges, any party may request the full panel of the Court of Appeal hearing the appeal to rehear arguments in respect of the application for permission to adduce further evidence.(9) No request may be made under subsection (8) in respect of an application for permission to adduce further evidence in an appeal where the Court of Appeal that first decided the application is constituted —

by 2 Judges, where the Court of Appeal hearing the appeal is constituted by 2 Judges; or

by 3 or more Judges.(10) A request under subsection (8) must be made before the earlier of the following:

the time at which the judgment or order relating to the decision on the application for permission to adduce further evidence is extracted;

the expiration of 7 days after the date on which the decision on the application for permission to adduce further evidence is made.(11) After rehearing arguments on a request mentioned in subsection (8), the Court of Appeal may affirm, vary or set aside the decision on the application for permission to adduce further evidence.”.