365. The Court of Appeal, even on its own initiative, may dismiss an appeal if the right to appeal is non-existent or has been forfeited or the appeal is abusive or improperly initiated. It may also, on an application by the respondent, dismiss an appeal if the surety is not furnished within the time limit determined, the judgment under appeal has been acquiesced in or a party in whose favour the judgment was rendered has renounced the rights arising from it, or if the appeal has no reasonable chance of success.
The application for the dismissal of an appeal must be filed with the office of the Court within 20 days after service of the notice of appeal, and cannot be presented before 30 days have elapsed since its filing. The time limits for preparing the appeal record are suspended until judgment is rendered on the application for the dismissal of the appeal.
The inadmissibility of an appeal may be urged despite a failure to oppose the appeal within the allotted time.