(1) This rule applies if:

(a)

rule 22.56 does not apply; and

(b) a party (the defaulting party ) has not:

(i)

met a requirement under these Rules or the Regulations;

(ii)

complied with an order; or

(iii)

shown reasonable diligence in proceeding with an appeal.

(2) A court having jurisdiction in the appeal may:
(a) if the defaulting party is the appellant:

(i)

dismiss the appeal; or

(ii)

fix a time by which a requirement is to be met and order that the appeal will be dismissed if the order imposing the requirement is not complied with; or

(b)

if the defaulting party is the respondent:

(i)

fix a time by which a requirement is to be met and order that the appeal will proceed if the order imposing the requirement is not complied with; or

(ii)

proceed to hear the appeal.

(3)

The court may make an order under subrule (2) on its own initiative if, at least 14 days before making the order, written notice has been given to the parties about the date and time when the court will consider whether to make the order.