37. Oral hearing not needed for appellate matters generally

Subject to subsection (2), the Appellate Division may decide any matter without hearing oral arguments, other than a matter prescribed by the Rules of Court.

Subsection (1) does not allow any part of a proceeding where oral evidence is given to be conducted without an oral hearing, unless all the parties consent.

Subject to subsection (4), the Appellate Division may, in any matter that the court may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties using such means of communication as directed by the court.

The Appellate Division must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties.

To avoid doubt, this section does not affect the power of the Appellate Division to hear oral arguments before deciding any matter that may be decided without hearing oral arguments.