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How much authority do Court of Appeal clerks have?

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  • How much authority do Court of Appeal clerks have?

    I am trying to understand the disconnect I am seeing between what the law and related court rules say and what actually happens.

    Q1: Does a Court of Appeal registry clerk have the discretion to accept or reject a late filing?

    Here I've been told that opposing counsel was given extra time to file something (in contravention of deadlines in the Court of Appeal Rules and without permission from an actual judge) because "I have frustrated the court clerk". What gives them the authority to do that? Why does it sometimes have to go before a judge?

    Q2: Does a Court of Appeal clerk have the discretion to not place an appeal on the inactive list when the law clearly states that it should be on the inactive list?

    Although an answer of no is virtually self-contained within my question, I got screwed here too.

    Given that my super-high-priced lawyer did not provide me an explanation for any of these things, it's a bit of a long shot that a forum member can, but since it costs me nothing to ask... go at it.

  • #2
    Originally posted by youngdad91 View Post
    Why were you directly involved with the court clerk if you have a lawyer?
    To ask why it did not get put on the inactive list. I received a response from the court clerk that implied he had some authority/discretion. I'm not aware of any statutory basis for that authority. I am not really happy with what happened but it seems I have no recourse. It's not like a guy can sue the court itself.

    Lawyer > court clerk

    Court clerk > Cool guy
    No, the impression I am getting is:
    Court of Appeal clerk >= Court of Appeal Judge

    ... which I find rather odd.

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