Regulation 40

An application for permission to appeal from a Protection from Harassment Court must be made in the appropriate Form.

Unless a Protection from Harassment Court orders otherwise, the application must be filed within 7 days after the date on which the award or order being appealed against was made or given.

The applicant for permission must, at the time the application is filed, pay the applicable fee.

The applicant for permission must serve the application on —

Where any person served under paragraph (4) intends to oppose the application, that person must within 14 days after being served with the application, file and serve on the applicant for permission a response in the appropriate Form.

Where the applicant for permission or any party or person served with the application under paragraph (4) does not appear at the hearing of the application for permission, a Protection from Harassment Court may hear the application and make a decision in the absence of the applicant, party or person, even if the interests of the applicant, party or person may be prejudicially affected by the decision.

A Protection from Harassment Court may, at any time after the application for permission to appeal is filed, convene a case management conference or direct the applicant and any other party to appear before the Court for a case management conference, for the Court to make such orders or give such directions as the Court thinks fit for the just, expedient and economical disposal of the application, including the grant of permission to withdraw the application or a consent order.

Where a Protection from Harassment Court refuses an application for permission, the Court may order the applicant for permission to pay costs (including disbursements) to all or any of the other parties, but the costs (excluding disbursements) ordered to be paid to each party must not exceed $1,000.

Where no person has been served with the application under paragraph (4), the applicant for permission may, without the permission of a Protection from Harassment Court, withdraw the application by filing the appropriate Form with the Registry.

Where any person has been served with the application under paragraph (4), the applicant for permission may withdraw the application by —

Where an application is withdrawn under paragraph (10), a Protection from Harassment Court may order the applicant for permission to pay to any other party such costs and disbursements as may be just.