Can an ex parte application for an interim order be granted on an ex-parte motion?

Having the rule drawn to my attention, I would not now grant the order on an ex parte application; Malanchuk v. Davis et al., unreported decision of Saskatchewan Court of Appeal 7581/ 81. However, on the basis of all the material before me, there is no doubt that the order would have been granted had the application been by notice of motion.

In Neal v. A/G of Saskatchewan et al. (1977), 1977 CanLII 227 (SCC), 115 D.L.R.(3d) 20, it was held that the failure to give notice to the accused of the application for extension of time after time for appeal had expired “deprived the District Court Judge of jurisdiction to make the extension order”. It cannot be argued that Queen’s Bench Rule 441 in itself is more than a matter of procedure or that it can deprive the court of its jurisdiction to make the order.