The CMO has the authority to make administrative directions, without the attendance of a judge, including for such matters as:
- categorizing an appeal as a fast track appeal or a standard appeal,
- enforcing, staying, shortening or extending times and deadlines, (This does not include times or deadlines within which to commence an appeal. Those types of applications must be heard by a single appeal judge.)
- setting, approving and modifying timetables including expediting appeals,
- granting fiats to permit the filing of deficient documents or the filing of amending documents,
- restoring appeals by consent,
- calling the Unscheduled Civil Appeals List and the Criminal Speak To List,
- setting, adjourning and re-scheduling matters for hearing, and
- various other types of administrative directions.
The CMO also schedules all conviction, standard and fast track appeals.
How to Make a Request or Application to the CMO
An application or request for an administrative direction from a CMO is made informally, subject to any directions of the case management officer. There is no fee to make a request from an administrative direction from a CMO (unless the request is to restore an appeal by consent in which case restoration fees are payable.)
Typically, applications before a CMO are heard in writing only. The application can be made either in letter format or by email. All other parties must be copied on the communication. The position of all of the other parties to the appeal must be ascertained before the CMO makes a decision and it is always best to provide the position of the other parties with the request whenever possible. The CMO will not consider verbal requests. The CMO will deliver a decision in writing.
If necessary, the CMO may consult with an appeal judge or refer any issue to a single appeal judge or a panel of the Court of Appeal.
Any person affected by an administrative direction of a case management officer may apply to a single appeal judge to have it rescinded, confirmed, amended or enforced.
Please note that you should not copy the CMO on general communications between counsel or parties; for example, disputes about issues such as service of documents.