| Contents |
|---|
| Part 1 — Interpretation |
| Rule 1-1 — Interpretation |
| | (1) | Definitions |
| | (2) | Interpretation Act and Supreme Court Act |
| | (3) | Titles and headings |
| | (4) | Reference aids |
| Rule 1-2 — Citation and Application |
| | (1) | Citation |
| | (2) | Application |
| | (3) | Waiver of rule by agreement |
| | (4) | Petitions and applications |
| | (5) | Enactments of Canada |
| Rule 1-3 — Object of Rules |
| | (1) | Object |
| | (2) | Proportionality |
| Part 2 — How to Make a Claim |
| Rule 2-1 — Choosing the Correct Form of Proceeding |
| | (1) | Commencing proceedings by notice of civil claim |
| | (2) | Commencing proceedings by petition or requisition |
| | (2.1) | Estate proceedings |
| | (3) | Procedures applicable to particular proceedings |
| Rule 2-2 — Tribunal Awards |
| | (1) | Definition |
| | (2) | Tribunal awards may be filed |
| | (3) | Filing tribunal awards |
| Part 3 — Proceedings Started by Filing a Notice of Civil Claim |
| Rule 3-1 — Notice of Civil Claim |
| | (1) | Notice of civil claim |
| | (2) | Contents of notice of civil claim |
| Rule 3-2 — Serving and Renewing the Notice of Civil Claim |
| | (1) | Renewal of original notice of civil claim |
| | (2) | Further renewal of notice of civil claim |
| | (3) | When renewal period begins |
| | (4) | After renewal of notice of civil claim |
| Rule 3-3 — Responding to a Notice of Civil Claim |
| | (1) | Filing a response to civil claim |
| | (2) | Contents of response to civil claim |
| | (3) | Period for filing response to civil claim |
| | (4) | Payment into court when tender pleaded |
| | (5) | Costs if defence of tender successful |
| | (6) | Application for money paid into court |
| | (7) | Tender in defamation action |
| | (8) | Consequence if fact not responded to |
| Rule 3-4 — Counterclaim |
| | (1) | Counterclaim |
| | (2) | Counterclaim against another person |
| | (3) | Identification of parties |
| | (4) | Service of counterclaim |
| | (5) | Response to counterclaim |
| | (6) | Application of rules |
| | (7) | If action stayed or discontinued |
| | (7.1) | Separate trial of counterclaim |
| | (8) | Judgment |
| Rule 3-5 — Third Party Claims |
| | (1) | Making a third party claim |
| | (1.1) | Plaintiff as defendant to counterclaim |
| | (2) | Third party need not be party to original action |
| | (3) | Pursuing a third party claim |
| | (4) | When leave is required |
| | (5) | Court may consider case plan order |
| | (6) | Application for leave |
| | (7) | Service |
| | (8) | Application to set aside third party notice |
| | (9) | Response to third party notice |
| | (10) | When response to third party notice not required |
| | (11) | Application of rules |
| | (12) | Response to civil claim |
| | (13) | Application for directions |
| | (14) | Powers of court |
| | (15) | Third party issues |
| | (16) | Default of response to third party notice |
| | (17) | Relief |
| Rule 3-6 — Reply |
| | (1) | Service of reply |
| | (2) | Pleading subsequent to reply |
| | (3) | Failure to reply |
| | (4) | No joinder of issue |
| Rule 3-7 — Pleadings Generally |
| | (1) | Pleading must not contain evidence |
| | (2) | Documents and conversations |
| | (3) | When presumed facts need not be pleaded |
| | (4) | When performance of a condition precedent need not be pleaded |
| | (5) | Matters arising since start of proceeding |
| | (6) | Inconsistent allegations |
| | (7) | Alternative allegations |
| | (8) | Objection in point of law |
| | (9) | Pleading conclusions of law |
| | (10) | Status admitted |
| | (11) | Set-off or counterclaim |
| | (12) | Pleading after the notice of civil claim |
| | (13) | General relief |
| | (14) | General damages must not be pleaded |
| | (15) | Substance to be answered |
| | (16) | Denial of contract |
| | (17) | Allegation of malice |
| | (18) | When particulars necessary |
| | (19) | Lengthy particulars |
| | (20) | Further particulars |
| | (21) | Particulars in libel or slander |
| | (22) | Order for particulars |
| | (23) | Demand for particulars |
| | (24) | Demand for particulars not a stay of proceedings |
| Rule 3-8 — Default Judgment |
| | (1) | Default in filing and serving a response to civil claim |
| | (2) | Filings required |
| | (3) | Claim for specified or ascertainable amount |
| | (4) | Interest |
| | (5) | Claim for damages to be assessed |
| | (6) | Claim for detention of goods |
| | (7) | Repealed |
| | (8) | Application to judge or associate judge |
| | (9) | Judgment in other actions |
| | (10) | Application for judgment |
| | (11) | Court may set aside or vary default judgment |
| | (12) | Method of assessment |
| | (13) | Alternative methods of assessment |
| Part 4 — Service |
| Rule 4-1 — Address for Service |
| | (1) | Required addresses for service of party represented by lawyer |
| | (1.1) | Required addresses for service of unrepresented party |
| | (2) | Additional addresses for service |
| | (3) | Change of address for service |
| Rule 4-2 — Ordinary Service |
| | (1) | Documents normally to be served by ordinary service |
| | (2) | How to serve documents by ordinary service |
| | (3) | When service by delivery is deemed to be completed |
| | (4) | When service by mail is deemed to be completed |
| | (5) | When documents may be served by fax |
| | (6) | When service by fax or e-mail is deemed to be completed |
| | (7) | If no address for service given |
| | (8) | Request for copy of document served by e-mail |
| Rule 4-3 — Personal Service |
| | (1) | When documents must be served by personal service |
| | (2) | How to serve documents by personal service |
| | (3) | Agent may be served |
| | (4) | Court may grant leave |
| | (5) | Notice to principal |
| | (6) | Service on Attorney General |
| | (7) | When personal service is deemed to be completed |
| | (8) | Date of deemed service |
| Rule 4-4 — Alternative Methods of Service |
| | (1) | Alternative service methods |
| | (2) | If an alternative service method is permitted |
| | (3) | Service by advertisement |
| Rule 4-5 — Service outside British Columbia |
| | (1) | Service outside British Columbia without leave |
| | (2) | Required endorsement |
| | (3) | Application for leave to serve outside the jurisdiction |
| | (4) | Applications may be made without notice |
| | (5) | Service of order and related documents |
| | (6) | If service without leave valid |
| | (7) | Contract containing terms for service |
| | (8) | Contract does not invalidate effective service |
| | (9) | Definition |
| | (10) | Manner of service abroad |
| | (11) | Proof of service abroad |
| | (12) | Forms |
| | (13) | Certificate |
| Rule 4-6 — Proving Service |
| | (1) | Proof of service |
| | (2) | Proof of service by sheriff |
| | (3) | Service on member of Canadian Armed Forces |
| | (4) | Admissibility of other evidence of service |
| Rule 4-7 — Relief |
| | (1) | If service is alleged to be ineffective |
| Part 5 — Case Planning |
| Rule 5-1 — Requesting a Case Planning Conference |
| | (1) | Case planning conference may be requested |
| | (2) | Case planning conference may be directed |
| | (3) | Time for service of notice |
| | (4) | Application must be made by requisition |
| | (5) | Case plan proposal required |
| | (6) | Contents of case plan proposal |
| Rule 5-2 — Conduct of Case Planning Conference |
| | (1) | Case planning conference must be conducted by judge or associate judge |
| | (2) | Who must attend |
| | (3) | Manner of attendance |
| | (4) | Application must be made by requisition |
| | (5) | Considerations of the court |
| | (6) | Non-attendance at case planning conference |
| | (7) | Proceedings must be recorded |
| Rule 5-3 — Case Planning Conference Orders |
| | (1) | Orders |
| | (2) | Prohibited orders |
| | (3) | Case plan order required |
| | (4) | Case plan order |
| | (5) | When approval in writing by lawyer not required |
| | (6) | Consequences of non-compliance |
| | (7) | Application may be made at case planning conference |
| | (8) | Amendments to case plan orders |
| Rule 5-4 |
| Part 6 — Amendment of Pleadings and Change of Parties |
| Rule 6-1 — Amendment of Pleadings |
| | (1) | When pleadings may be amended |
| | (2) | How amendments made |
| | (3) | Identifying amendments |
| | (4) | Service of amended documents |
| | (5) | Response of a party to amended document |
| | (6) | Failure to serve amended responding document |
| | (7) | Responding to amended pleading |
| | (8) | Amendment at trial |
| Rule 6-2 — Change of Parties |
| | (1) | Party ceasing to exist |
| | (2) | Effect of death |
| | (3) | Assignment or conveyance of interest |
| | (4) | Change or transmission of interest or liability |
| | (5) | Prosecution of proceeding if plaintiff or petitioner dies |
| | (6) | Costs on dismissal |
| | (7) | Adding, removing or substituting parties by order |
| | (8) | Procedure if party added, removed or substituted by order |
| | (9) | If case plan order in effect |
| | (9.1) | Application without notice |
| | (10) | Consent required |
| | (11) | Effect of order |
| Part 7 — Procedures for Ascertaining Facts |
| Rule 7-1 — Discovery and Inspection of Documents |
| | (1) | List of documents |
| | (2) | Documents to be enumerated |
| | (3) | Insurance policy |
| | (4) | Information not to be disclosed |
| | (5) | Insurance policy |
| | (6) | Claim for privilege |
| | (7) | Nature of privileged documents to be described |
| | (8) | Affidavit verifying list of documents |
| | (9) | Amending the list of documents |
| | (10) | Party may demand documents required under this rule |
| | (11) | Party may demand additional documents |
| | (12) | Response to demand for documents |
| | (13) | Application for production of documents |
| | (14) | Court may alter requirements |
| | (15) | Inspection of documents |
| | (16) | Copies of documents |
| | (17) | Order to produce document |
| | (18) | Documents not in possession of party |
| | (19) | Order by consent |
| | (20) | Inspection of document by court |
| | (21) | Party may not use document |
| | (22) | Determination of issue before discovery |
| Rule 7-2 — Examinations for Discovery |
| | (1) | Examination of parties |
| | (2) | Limitations |
| | (3) | Considerations of the court |
| | (4) | Oral examination on oath |
| | (5) | Examination of party that is not an individual |
| | (6) | Examination of person for whose benefit action brought |
| | (7) | Examination of assignor |
| | (8) | Examination of guardian and infants |
| | (9) | Examination of mentally incompetent person |
| | (10) | Examination of bankrupt |
| | (11) | Place |
| | (12) | Examination before reporter |
| | (13) | Service of notice |
| | (14) | Person must attend examination |
| | (15) | Fees must not be attached |
| | (16) | Production of documents |
| | (17) | Examination and re-examination |
| | (18) | Scope of examination |
| | (19) | Scope includes insurance |
| | (20) | Information not to be disclosed |
| | (21) | Insurance policy |
| | (22) | Person must inform self |
| | (23) | Response may be provided by letter |
| | (24) | If letter provided |
| | (25) | Objections |
| | (26) | How recorded |
| | (27) | Application to persons outside British Columbia |
| | (28) | Service of order and notice |
| Rule 7-3 — Discovery by Interrogatories |
| | (1) | Party may serve interrogatories by consent or with leave |
| | (2) | If a party is a body of persons |
| | (3) | Powers of court |
| | (4) | Timing of answer to interrogatories |
| | (5) | If more than one person to answer interrogatories |
| | (6) | Objection to answer interrogatory |
| | (7) | Insufficient answer to interrogatory |
| | (8) | Application to strike out interrogatory |
| | (9) | Service of interrogatories on lawyer |
| | (10) | Lawyer must inform |
| | (11) | Continuing obligation to answer |
| Rule 7-4 |
| Rule 7-5 — Pre-Trial Examination of Witness |
| | (1) | Order for examination |
| | (2) | Expert |
| | (3) | Affidavit in support of application |
| | (4) | Application procedure |
| | (5) | Subpoena |
| | (6) | Identification of documents and objects |
| | (7) | Notice of examination |
| | (8) | Mode of examination |
| | (9) | Time for examination |
| | (10) | Application of examination for discovery rules |
| Rule 7-6 — Physical Examination and Inspection |
| | (1) | Order for medical examination |
| | (2) | Subsequent examinations |
| | (3) | Questions by examiner |
| | (4) | Order for inspection and preservation of property |
| | (5) | Entry on land or building |
| | (6) | Application to persons outside British Columbia |
| Rule 7-7 — Admissions |
| | (1) | Notice to admit |
| | (2) | Effect of notice to admit |
| | (3) | Copy of document to be attached |
| | (4) | Unreasonable refusal to admit |
| | (5) | Withdrawal of admission |
| | (6) | Application for order on admissions |
| Rule 7-8 — Depositions |
| | (1) | Examination of person |
| | (2) | Examination of person |
| | (3) | Grounds for order |
| | (4) | Time limits |
| | (5) | Subpoena |
| | (6) | Identification of documents and objects |
| | (7) | Place of examination |
| | (8) | Application of rule outside British Columbia |
| | (9) | If person willing to testify |
| | (10) | If person not willing to testify |
| | (11) | Letter of request |
| | (12) | Filing of undertaking |
| | (13) | Notice of examination |
| | (14) | Mode of examination |
| | (15) | Objection to question |
| | (16) | Recording of deposition evidence |
| | (17) | Preserving testimony |
| Part 8 — Applications |
| Rule 8-1 — How to Bring and Respond to Applications |
| | (1) | Definition |
| | (2) | How applications must be brought |
| | (3) | Notice of application |
| | (4) | Contents of notice of application |
| | (5) | Date and time of hearing |
| | (6) | Date and time if hearing time more than 2 hours |
| | (7) | Service of application materials |
| | (8) | Time for service |
| | (9) | Application response |
| | (10) | Contents of application response |
| | (11) | Address for service |
| | (12) | Repealed |
| | (13) | Applicant may respond |
| | (14) | No additional affidavits |
| | (15) | Application record |
| | (15.1) | Additional copy of filed notice of application |
| | (15.2) | Application to be removed from hearing list |
| | (15.3) | Leave to permit late filing of application record |
| | (15.4) | Applicant may apply to reinstate application to hearing list |
| | (15.5) | Order for costs |
| | (15.6) | Form of application |
| | (16) | Written argument |
| | (17) | Service of application record index |
| | (18) | If application respondent's application is to be heard at the hearing |
| | (19) | Application record to be returned |
| | (20) | Application record to be returned to the registry |
| | (21) | Provision of amended application record |
| | (21.1) | Resetting adjourned applications |
| | (22) | Application respondent may apply for directions |
| Rule 8-2 — Place Application Is Heard |
| | (1) | Place of hearing of application |
| | (2) | If more than one place |
| | (3) | If place of hearing is a place other than that at which the proceeding is being conducted |
| | (4) | Place of hearing of application with leave of registrar |
| | (5) | Notice of application must be endorsed to reflect grant of leave |
| | (6) | If place of hearing is a place chosen with leave of registrar |
| | (7)-(8) | Repealed |
| Rule 8-3 — Consent Applications |
| | (1) | Application by consent |
| | (2) | Consent order |
| | (3) | Disposition of referred applications |
| Rule 8-4 — Applications of Which Notice Is Not Required |
| | (1) | Application of which notice is not required |
| | (2)-(3) | Repealed |
| Rule 8-5 — Urgent Applications |
| | (1) | Short notice |
| | (2) | How to make a short notice application |
| | (3) | Normal time and notice rules do not apply |
| | (4) | Powers of court on short notice application |
| | (5) | Effect of short notice order |
| | (6) | Orders without notice |
| | (7) | Service of orders required |
| | (8) | Setting aside orders made without notice |
| Rule 8-6 — Applications Made by Written Submissions |
| | (1) | Application made by written submissions |
| Part 9 — Pre-Trial Resolution Procedures |
| Rule 9-1 — Offers to Settle |
| | (1) | Definition |
| | (2) | Offer not to be disclosed |
| | (3) | Offer not an admission |
| | (4) | Offer may be considered in relation to costs |
| | (5) | Cost options |
| | (6) | Considerations of court |
| | (7) | Costs for settlement in cases within small claims jurisdiction |
| | (8) | Counter offer |
| Rule 9-2 — Settlement Conferences |
| | (1) | Settlement conference |
| | (2) | Proceedings must be recorded |
| | (3) | When judge must not preside |
| Rule 9-3 — Special Case |
| | (1) | Statement of special case |
| | (2) | Court may order special case |
| | (3) | Form of special case |
| | (4) | Hearing of special case |
| | (5) | Order after hearing of special case |
| Rule 9-4 — Proceedings on a Point of Law |
| | (1) | Point of law may be set down for hearing |
| | (2) | Court may dispose of whole action |
| Rule 9-5 — Striking Pleadings |
| | (1) | Scandalous, frivolous or vexatious matters |
| | (2) | Admissibility of evidence |
| | (3) | Powers of registrar |
| | (4) | Reconsideration of order |
| Rule 9-6 — Summary Judgment |
| | (1) | Definitions |
| | (2) | Application |
| | (3) | Response to application |
| | (4) | Application by answering party |
| | (5) | Power of court |
| | (6) | Claiming party may proceed |
| | (7) | Costs consequences |
| | (8) | Court may decline to fix costs |
| | (9) | Bad faith or delay |
| Rule 9-7 — Summary Trial |
| | (1) | Definition |
| | (2) | Application |
| | (3) | When application must be heard |
| | (4) | Setting application for hearing |
| | (5) | Evidence on application |
| | (6) | Application of Rule 12-5 |
| | (7) | Application of Rule 11-6 |
| | (7.1) | Repealed |
| | (8) | Filings with application |
| | (9) | Notice of evidence to be used on application |
| | (10) | Giving notice |
| | (11) | Adjournment or dismissal |
| | (12) | Preliminary orders |
| | (13) | Ancillary or preliminary orders may be made at or before application |
| | (14) | Judge not seized of application |
| | (15) | Judgment |
| | (16) | No further application without leave |
| | (17) | Orders |
| | (18) | Right to vary or set aside order |
| | (19) | Order if jury notice filed |
| Rule 9-8 — Discontinuance and Withdrawal |
| | (1) | Discontinuance before action set for trial |
| | (2) | Discontinuance after action set for trial |
| | (3) | Withdrawal by defendant |
| | (4) | Costs and default procedure on discontinuance or withdrawal |
| | (5) | Third party entitled to costs |
| | (6) | Some costs remain recoverable |
| | (7) | Proceeding after response is withdrawn |
| | (8) | Discontinuance not a defence |
| | (9) | Application to counterclaim, third party proceeding and petition. |
| Part 10 — Property and Injunctions |
| Rule 10-1 — Detention, Preservation and Recovery of Property |
| | (1) | Property that is the subject matter of a proceeding |
| | (2) | Fund that is the subject matter of a proceeding |
| | (3) | Allowance of income from property |
| | (4) | Recovery of specific property |
| | (5) | Compensation for wrongful recovery |
| Rule 10-2 — Receivers |
| | (1) | Appointment of receiver |
| | (2) | Form of security |
| | (3) | Remuneration of receiver |
| | (4) | Accounts of receiver |
| Rule 10-3 — Interpleader |
| | (1) | Entitlement to relief by way of interpleader |
| | (2) | Claim to real or personal property taken by sheriff |
| | (3) | Sheriff to deliver notice |
| | (4) | If claim admitted |
| | (5) | Sheriff may apply for interpleader relief |
| | (6) | Mode of application |
| | (7) | Affidavit |
| | (8) | Application for interpleader relief |
| | (9) | Powers of court on hearing application |
| Rule 10-4 — Injunctions |
| | (1) | Applications for pre-trial injunctions |
| | (2) | Applications for pre-trial injunctions before proceeding started |
| | (3) | Applications for interim injunctions without notice |
| | (4) | Injunction by court order |
| | (5) | Undertaking as to damages |
| | (6) | Application for injunction after judgment |
| Part 11 — Experts |
| Rule 11-1 — Application of Part 11 |
| | (1) | Application of this Part |
| | (2) | Case plan order |
| Rule 11-2 — Duty of Expert Witnesses |
| | (1) | Duty of expert witness |
| | (2) | Advice and certification |
| Rule 11-3 — Appointment of Joint Experts |
| | (1) | Appointment agreement |
| | (2) | Appointment by parties |
| | (3) | Application to court |
| | (4) | Application materials |
| | (5) | Powers of court |
| | (6) | Agreement |
| | (7) | Role of expert appointed under this rule |
| | (8) | Notice of application |
| | (9) | Additional experts |
| | (10) | Cross examination |
| | (11) | Common experts |
| Rule 11-4 — Appointment of Own Experts |
| | (1) | When each party may retain their own experts |
| Rule 11-5 — Appointment of Court's Own Expert |
| | (1) | Appointment of experts by court |
| | (2) | Materials required by court |
| | (3) | Court may name different expert |
| | (4) | Expert must consent |
| | (5) | Previous report not a bar |
| | (6) | Consequences of court appointment |
| | (7) | Directions to expert |
| | (8) | Contents of order appointing expert |
| | (9) | Remuneration of expert |
| | (10) | Security for remuneration |
| | (11) | Reports |
| | (12) | Report must be tendered as evidence |
| Rule 11-6 — Expert Reports |
| | (1) | Requirements for report |
| | (2) | Proof of qualifications |
| | (3) | Service of report |
| | (4) | Service of responding report |
| | (5) | Supplementary report of joint or court-appointed expert |
| | (6) | Supplementary report of own expert |
| | (7) | Requirements for supplementary report |
| | (8) | Production of documents |
| | (9) | Notice of trial date to expert |
| | (10) | Notice of objection to expert opinion evidence |
| | (11) | When objection not permitted |
| Rule 11-7 — Expert Opinion Evidence at Trial |
| | (1) | Reports must be prepared and served in accordance with rules |
| | (2) | When report stands as evidence |
| | (3) | Cross-examination of expert |
| | (4) | Costs of cross-examination |
| | (5) | Restrictions on calling expert as witness at trial |
| | (6) | When court may dispense with requirement of this Part |
| Rule 11-8 |
| Part 12 — Trial |
| Rule 12-1 — How to Set Trial for Hearing |
| | (1) | Application |
| | (2) | Notice of trial |
| | (3) | Content of notice of trial |
| | (4) | Registry |
| | (5) | Place of trial |
| | (6) | When notice of trial must be served |
| | (7) | If trial date unacceptable |
| | (8) | Time of trial |
| | (9) | Court may make orders respecting trial dates |
| | (10) | Duty to inform registry |
| Rule 12-1.1 — Trial Brief |
| | (1) | Plaintiff must file trial brief |
| | (2) | Other parties of record must file trial brief |
| | (3) | Plaintiff may file amended trial brief |
| | (4) | Failure to file or serve trial brief |
| | (5) | Trial removed from trial list |
| | (6) | Witness list must be amended |
| | (7) | Person named in witness list need not testify |
| | (8) | New trial briefs required if trial rescheduled |
| Rule 12-2 — Trial Management Conference |
| | (1) | When trial management conference is required |
| | (1.1) | Date and place of trial management conference |
| | (2) | Trial management conference must be conducted by judge or associate judge |
| | (3)-(3.6) | Repealed |
| | (4) | Who must attend the trial management conference |
| | (5) | Absent parties must be available and accessible by telephone or other means |
| | (6) | Application must be made by requisition |
| | (7) | Non-attendance at trial management conference |
| | (8) | Proceedings must be recorded |
| | (9) | Orders at a trial management conference |
| | (10) | When approval in writing by lawyer not required |
| | (11) | Prohibited orders |
| Rule 12-3 — Trial Record |
| | (1) | Trial record for the court |
| | (2) | Powers of registrar respecting trial records |
| | (3) | Filing and service of trial record |
| | (4) | Amended trial record |
| | (5) | Direction as to trial record |
| Rule 12-4 — Trial Certificate |
| | (1) | Trial certificate |
| | (2) | When trial certificate must be filed |
| | (3) | What trial certificate must contain |
| | (4) | Service |
| | (5) | Failure to file |
| | (6) | Applications prohibited |
| Rule 12-5 — Evidence and Procedure at Trial |
| | (1) | Application |
| | (2) | Court may vary order |
| | (3) | Failure to prove a material fact |
| | (4) | No evidence application |
| | (5) | Defendant need not elect whether to call evidence |
| | (6) | Insufficient evidence application |
| | (7) | Defendant must elect not to call evidence |
| | (8) | Notice to produce |
| | (9) | Numbering exhibit pages |
| | (10) | Opportunity to inspect exhibit |
| | (11) | Registrar to take charge of exhibits |
| | (12) | Return of exhibits |
| | (13) | Other returns |
| | (14) | Disposal of exhibits after final disposition |
| | (15) | Notice respecting disposal of exhibits before final disposition |
| | (16) | Disposal of exhibits before final disposition |
| | (17) | If exhibit disposed of |
| | (18) | If exhibit destroyed |
| | (19) | "Adverse party" defined |
| | (20) | Adverse witness |
| | (21) | Notice to call adverse witness |
| | (22) | Exceptions |
| | (23) | Application to set notice aside |
| | (24) | Court may make order |
| | (25) | Refusal to comply with notice |
| | (26) | Adverse party as witness may be cross-examined |
| | (27) | Witness to testify orally |
| | (28) | Witness must be listed in witness list |
| | (29) | Examination of witnesses |
| | (30) | Any party may contradict testimony |
| | (31) | Party may prepare and serve subpoena |
| | (32) | Form of subpoena |
| | (33) | Subpoena not to be filed or sealed |
| | (34) | Service of subpoena |
| | (35) | Fees to accompany subpoena |
| | (36) | Production of documents and physical objects |
| | (37) | Order for attendance of witness in custody |
| | (38) | Failure of witness to attend, etc. |
| | (39) | Order setting aside subpoena |
| | (40) | Use of deposition evidence |
| | (41) | Use of videotape or film |
| | (42) | Certified transcript |
| | (43) | Video recording of deposition evidence |
| | (44) | Video recording of evidence becomes exhibit |
| | (45) | Deposition to be given in full |
| | (46) | Persons against whom discovery evidence is admissible |
| | (47) | Notice required of evidence |
| | (48) | Attendance at trial may be required |
| | (49) | Court may consider whole examination |
| | (50) | Discovery evidence of person under disability |
| | (51) | Transcripts of discovery evidence |
| | (52) | Use of pre-trial examination of a witness |
| | (53) | Court may consider whole pre-trial examination |
| | (54) | Use of transcript of other proceedings |
| | (55) | Transcript for the court |
| | (56) | Objection to transcript evidence at trial |
| | (57) | Custody of transcripts |
| | (58) | Use of interrogatories at trial |
| | (59) | Affidavit evidence |
| | (60) | Copy of affidavit must be furnished |
| | (61) | Cross-examination |
| | (62) | Court may extend or abridge time to require witness attendance |
| | (63) | Contents |
| | (64) | Cross-examination not limited |
| | (65) | Costs where attendance unnecessary |
| | (66) | Trial with assessor |
| | (67) | Trial of one question before others |
| | (68) | Trial by different modes of trial |
| | (69) | Calculation of amount by officer of the court |
| | (70) | Use of recording device |
| | (71) | Evidence of particular facts |
| | (72) | Order of speeches |
| | (73) | Court may make order respecting submissions |
| | (74) | Clerk to note time of trial |
| | (75) | Failure of all parties to appear at trial |
| | (76) | Failure of one party to appear at trial |
| | (77) | Court may set aside judgment |
| Rule 12-6 — Jury Trials |
| | (0.1)-(0.4) | Repealed |
| | (1) | Trial without jury generally |
| | (2) | Trial without jury in certain proceedings |
| | (3) | Notice requiring jury trial |
| | (4) | Jury notice not to prevent transfer of proceeding |
| | (5) | Court may refuse jury trial |
| | (6) | No application for judgment necessary |
| | (7) | Judgment impossible on jury findings |
| | (8) | Only partial judgment possible on jury findings |
| | (9) | Jury failing to reach verdict |
| | (10) | Retrial |
| | (11) | Continuing trial without jury |
| | (12) | Trial may continue without jury |
| Part 13 — Orders |
| Rule 13-1 — Orders |
| | (1) | Drawing and approving orders |
| | (1.1) | Service of order drawn up by party and signing instructions |
| | (1.2) | Time limit for approving or objecting to order drawn up by party |
| | (1.3) | Approval not required after non-compliance |
| | (1.4) | Entry of order after non-compliance |
| | (2) | When approval in writing not required |
| | (3) | Form of order |
| | (4) | Endorsement of order on application sufficient in certain cases |
| | (5) | Order granted conditionally on document to be filed |
| | (6) | Waiver of order obtained on condition |
| | (7) | Order of judge or associate judge |
| | (8) | Date of order |
| | (9) | Approval of order |
| | (10) | Requirement of consent order |
| | (11) | Settlement of orders |
| | (12) | Appointment to settle |
| | (13) | Party failing to attend on appointment to settle |
| | (14) | Review of settlement |
| | (15) | Registrar may draw order |
| | (16) | Special directions for entry or service |
| | (17) | Correction of orders |
| | (18) | Opinions, advice and directions of the court |
| | (19) | Orders on terms and conditions |
| Rule 13-2 — Enforcement of Orders |
| | (1) | Order to pay money to a person |
| | (2) | Order to pay money into court |
| | (3) | Order for recovery or delivery of land |
| | (4) | Order for recovery or delivery of property other than land |
| | (5) | Appointment of receiver |
| | (6) | Execution by or against person not a party |
| | (7) | Remedy on non-compliance with mandatory order |
| | (8) | Issue of execution on conditional order |
| | (9) | Order when right to relief has arisen |
| | (10) | Issue of execution on change of parties |
| | (11) | Production of order before execution |
| | (12) | Endorsement of writ |
| | (13) | Issue of writ of sequestration, possession or delivery |
| | (14) | Issue of writ of execution if order to pay money within a period |
| | (15) | Issue of writ of execution |
| | (16) | When writ of execution is issued |
| | (17) | Copy of writ of execution must be left with registry |
| | (18) | Term of writ of execution |
| | (19) | Renewal of writ of execution |
| | (20) | Hearing of writ of execution |
| | (21) | Writ of execution to be endorsed |
| | (22) | Enforcement costs |
| | (23) | Registrar may fix amount |
| | (24) | Assessments and accounting |
| | (25) | Registrar may certify on accounting |
| | (26) | Certificate of same effect as order |
| | (27) | Separate writs for costs |
| | (28) | Judgment for recovery of property other than land |
| | (29) | Acknowledgment of payment |
| | (30) | Order that judgment has been paid |
| | (31) | Stay of execution |
| | (32) | Balance becomes payable if instalment not paid when due |
| | (33) | Application for relief |
| | (34) | Application for directions |
| | (35) | Enforcement of certificate |
| Rule 13-3 — Subpoena to Debtor |
| | (1) | Subpoena to debtor |
| | (2) | To whom subpoena must be directed |
| | (3) | Service of subpoena |
| | (4) | Examination of debtor |
| | (5) | Examiner |
| | (6) | Examination |
| | (7) | Adjournment |
| | (8) | Debtor refusing to attend or respond |
| | (9) | Creditor failing to attend, etc. |
| | (10) | Debtor unreasonably refusing to pay |
| | (11) | Order for payment |
| | (12) | Notice of application for committal |
| | (13) | Order for committal |
| | (14) | Costs payable by debtor |
| | (15) | Form of order |
| | (16) | Term of order |
| | (17) | Payment to sheriff |
| | (18) | Maintenance money recoverable |
| | (19) | Debtor to be brought before court |
| | (20) | Application to set aside or vary order |
| | (21) | Payment of debt |
| | (22) | Receipt for payment |
| | (23) | Release from custody |
| | (24) | Payment to creditor |
| | (25) | Requisition for discharge |
| | (26) | Failure to pay sheriff |
| | (27) | Liability imposed by order |
| | (28) | Repealed |
| Rule 13-4 — Examinations in Aid of Execution |
| | (1) | Definitions |
| | (2) | Examination of judgment debtor |
| | (3) | Examination of corporate, partnership or firm judgment debtor |
| | (4) | Limitation |
| | (5) | Examination of person other than judgment debtor |
| | (6) | Order in certain cases |
| | (7) | Application of examination for discovery rules |
| | (8) | Use of examination |
| | (9) | Costs |
| | (10) | Service of notice |
| | (11) | Production of documents |
| Rule 13-5 — Sales by the Court |
| | (1) | Court may order sale |
| | (2) | Sale in debenture holder's proceeding |
| | (3) | Conduct of sale |
| | (4) | Directions for sale |
| | (5) | Application for directions |
| | (6) | Certificate of sale |
| | (7) | Vesting order |
| Part 14 — Costs |
| Rule 14-1 — Costs |
| | (1) | How costs assessed generally |
| | (2) | Assessment of party and party costs |
| | (3) | Assessment of special costs |
| | (4) | Assessment officer |
| | (5) | Disbursements |
| | (6) | Repealed |
| | (7) | Directions |
| | (8) | Tax in respect of legal services and disbursements |
| | (9) | Costs to follow event |
| | (10) | Costs in cases within small claims jurisdiction |
| | (11) | Costs where party represented by an employee |
| | (12) | Costs of applications |
| | (13) | When costs payable |
| | (14) | Costs arising from improper act or omission |
| | (15) | Costs of whole or part of proceeding |
| | (16) | Costs payable from estate or property |
| | (17) | Set-off of costs |
| | (18) | Costs of one defendant payable by another |
| | (19) | Unnecessary expense after judgment |
| | (20) | Form of bill of costs |
| | (21) | Appointment to review a bill, examine an agreement or assess costs |
| | (22) | Place for review or examination |
| | (23) | Further particulars |
| | (24) | Assessment of sheriff's fees |
| | (25) | Service of appointment |
| | (26) | Costs on default judgment |
| | (27) | Certificate of costs |
| | (28) | Certificate of fees |
| | (29) | Review of an assessment |
| | (30) | Form of bill in certain cases |
| | (31) | Description of services |
| | (32) | Evidence of lawyer |
| | (33) | Disallowance of fees and costs |
| | (34) | Costs may be ordered without assessment |
| | (35) | Notice |
| | (36) | Order to be served |
| | (37) | Limitation |
| | (38) | Refusal or neglect to procure assessment |
| | (39) | Referrals |
| Part 15 — Fast Track Litigation Proceedings |
| Rule 15-1 — Fast Track Litigation |
| | (1) | When rule applies |
| | (2) | Subsequent filings |
| | (3) | Damages not limited |
| | (4) | Rule does not apply to class proceedings |
| | (5) | Conflict |
| | (6) | When rule ceases to apply |
| | (7) | Case planning conference required |
| | (8) | Exception |
| | (9) | Court may relieve |
| | (10) | Trial to be without jury |
| | (11) | Oral discovery |
| | (12) | When discoveries must be completed |
| | (12.1) | Repealed |
| | (13) | Setting of trial date |
| | (14) | If trial will require more than 3 days |
| | (15) | Costs |
| | (16) | Settlement offers |
| | (17) | Taxes to be added to costs |
| Part 16 — Petition Proceedings |
| Rule 16-1 — Petitions |
| | (1) | Definitions |
| | (2) | Petitions |
| | (3) | Service |
| | (4) | Response to petition |
| | (5) | Contents of response to petition |
| | (6) | Petitioner may respond |
| | (6.1) | Expert opinion evidence |
| | (6.2) | Service of expert reports |
| | (6.3) | Application of Rule 11-6 |
| | (7) | No additional affidavits |
| | (8) | Setting application for hearing |
| | (9) | Date and time of hearing |
| | (10) | Date and time if hearing time more than 2 hours |
| | (11) | Petition record |
| | (11.1) | Additional copy of filed petition |
| | (11.2) | Petition to be removed from hearing list |
| | (12) | Service of petition record |
| | (13) | If petition respondent's application is to be heard at the hearing |
| | (14) | Petition record to be returned |
| | (15) | Petition record to be returned to registry |
| | (16) | Provision of amended petition record |
| | (16.1) | Resetting adjourned hearings |
| | (17) | Petition respondent may apply for directions |
| | (18) | Powers of court |
| | (19) | Amendment of petition or response to petition |
| | (20) | Renewal of original petition |
| | (21) | Further renewal of petition |
| | (22) | When renewal period begins |
| | (23) | After renewal of petition |
| Part 17 — Requisition Proceedings |
| Rule 17-1 — Requisitions |
| | (1) | Proceedings to which this rule applies |
| | (2) | Filings required |
| | (3) | If proceeding is by consent |
| | (4) | If no notice is required |
| | (5) | Disposition of referred documents |
| Part 18 — Other Court Proceedings |
| Rule 18-1 — Inquiries, Assessments and Accounts |
| | (1) | Direction for inquiries, assessments or accounts |
| | (2) | Certificate as to result |
| | (3) | Report and recommendation |
| | (4) | Application to vary or confirm recommendation |
| | (5) | Time and place of hearing |
| | (6) | Appointment |
| | (7) | Witnesses |
| | (8) | Certificate or recommendation to be filed and served |
| | (9) | Party may file certificate |
| | (10) | Opinion of the court |
| | (11) | Accounts of executor, trustee, etc. |
| | (12) | Special directions |
| | (13) | Court may appoint lawyer |
| | (14) | Varying directions |
| | (15) | Account to be verified by affidavit |
| | (16) | Form of account |
| | (17) | Particulars of errors in account |
| | (18) | Notice of order |
| | (19) | Person bound as if party |
| | (20) | Dispensing with service |
| | (21) | Person may apply to vary or rescind |
| | (22) | Person may file a notice of interest |
| Rule 18-2 — Stated Cases |
| | (1) | Definitions |
| | (2) | Application |
| | (3) | Material to be filed |
| | (4) | Identification of parties and others |
| | (5) | Contents |
| | (6) | Delivery of notice of stated case |
| | (7) | Powers of court |
| | (8) | Requirement for notice of interest |
| | (9) | Notice of hearing of stated case |
| Rule 18-3 — Appeals |
| | (1) | Application |
| | (2) | Form |
| | (3) | Directions |
| | (4) | Conduct of appeal |
| | (5) | Application for directions |
| | (6) | Service of notice of appeal |
| | (7) | Powers of court |
| | (8) | Filing notice of interest |
| | (9) | Notice of hearing of appeal |
| | (10) | Notice of abandonment of appeal |
| Part 19 — Judgments from Other Courts |
| Rule 19-1 — Transfer of Proceedings from Provincial Court |
| | (1) | Definition |
| | (2) | These Supreme Court Civil Rules apply to transferred proceedings |
| | (3) | Repealed |
| | (4) | Pleadings |
| | (5) | Plaintiff must file and serve amended notice of civil claim |
| | (6) | Amended reply and counterclaim |
| | (6.1) | Application of Rule 6-1 |
| | (7) | Previous address for service |
| | (8) | Filing fees |
| Rule 19-2 — Canadian Judgments |
| | (1) | Definition |
| | (2) | Registration requirements for Canadian judgments |
| Rule 19-3 — Foreign Judgments |
| | (1) | Definitions |
| | (2) | Application under Court Order Enforcement Act |
| | (3) | Affidavit in support |
| | (4) | Applications for reciprocal enforcement of judgment |
| | (5) | Form of order to register |
| | (6) | Notice of registration |
| | (7) | Setting aside registration of judgment under convention |
| | (8) | Stay of enforcement |
| | (9) | Stay of proceeding in action on foreign judgment |
| Rule 19-4 — Transfer of Proceedings from Foreign Courts |
| | (1) | Court may require translation for transferred proceeding |
| | (2) | Entry prohibited until security given |
| | (3) | Translation and security expenses may be claimed as disbursements |
| Rule 19-5 — Documents Required by Judicial Authority of Other Jurisdictions |
| | (1) | Request for certified copy with additional formalities |
| | (2) | Required supplies |
| | (3) | Request for production of certification or formal documentation |
| | (4) | Request must include document |
| | (5) | Filing request |
| Part 20 — Special Rules for Certain Parties |
| Rule 20-1 — Partnerships |
| | (1) | Partners may sue or be sued in firm name |
| | (2) | Service on firm |
| | (3) | Responding pleading |
| | (4) | Affidavit naming partners |
| | (5) | Court may order service |
| | (6) | Execution against partnership property |
| | (7) | Execution against partners |
| | (8) | Execution against other persons |
| | (9) | Liability may be determined |
| | (10) | Action against person carrying on business in a name other than the person's own |
| Rule 20-2 — Persons under Disability |
| | (1) | Interpretation |
| | (2) | Start of proceedings by person under disability |
| | (3) | Role of litigation guardian |
| | (4) | Lawyer must be involved |
| | (5) | Litigation guardian |
| | (6) | Committee as litigation guardian |
| | (7) | Consent of litigation guardian |
| | (8) | Certificate of fitness |
| | (9) | Certificate for a litigation guardian |
| | (10) | Party becoming incompetent |
| | (11) | Removal of litigation guardian |
| | (12) | Party attaining age of majority |
| | (13) | Effect of filing affidavit |
| | (14) | Step in default |
| | (15) | Service |
| | (16) | Litigation guardian must be appointed |
| | (17) | Compromise by person under disability |
| | (18) | Approval of compromise |
| Rule 20-3 — Representative Proceedings |
| | (1) | Representative proceeding |
| | (2) | Court may appoint representative |
| | (3) | Enforcement of order made in representative proceeding |
| | (4) | Application for leave |
| | (5) | Court order |
| | (6) | Representation of interested person who cannot be ascertained |
| | (7) | Appointment order binding |
| | (8) | Order affecting non-party |
| | (9) | Person bound |
| | (10) | Representation of beneficiaries by trustees |
| | (11) | Additional powers of the court |
| | (12)-(13) | Repealed |
| | (14) | Person as relator |
| | (15) | Conduct of a proceeding |
| Rule 20-4 — Declaratory Relief |
| | (1) | Declaratory order |
| Rule 20-5 — Persons Who Are Not Required to Pay Fees |
| | (1) | Court may order that no fees are payable |
| | (2) | Application of order |
| | (3) | How to apply |
| | (4) | Review, variation or rescission of order |
| | (5) | No fee payable |
| Rule 20-6 — Litigation Representatives |
| | (1) | Definition |
| | (2) | Application of rule |
| | (3) | Starting, conducting or defending a proceeding on behalf of deceased's estate |
| | (4) | Notice of application required |
| | (5) | Procedure for application |
| | (6) | No authorization to distribute proceeds |
| | (7) | Substitution required |
| | (8) | When personal representative is appointed |
| Part 21 — Special Rules for Certain Proceedings |
| Rule 21-1 — Admiralty Matters |
| | (1) | Actions to which rule applies |
| | (2) | What actions may be brought in rem |
| | (3) | Notice of civil claim — actions in rem |
| | (4) | Notice of civil claim — when started with action in personam |
| | (5) | Special service rules for notices of claim issued under subrule (3) or (4) |
| | (6) | Response to civil claim may be filed in name of ship |
| | (7) | Response to civil claim |
| | (8) | Arrest — "Affidavit to Lead Warrant" |
| | (9) | Issue of warrant |
| | (10) | Form of warrant |
| | (11) | Service of warrant |
| | (12) | Proof of service |
| | (13) | When arrest takes effect |
| | (14) | Property not to be moved |
| | (15) | Order for safety and preservation |
| | (16) | Possession of property arrested |
| | (17) | Security |
| | (18) | Filing of caveat |
| | (19) | Withdrawal of caveat |
| | (20) | Damages for wrongful filing of caveat |
| | (21) | Application for damages |
| | (22) | Summary determination of damages |
| | (23) | Release of property arrested |
| | (24) | Bail bond or guarantee |
| | (25) | Amount of bail |
| | (26) | Service of the application |
| | (27) | Bail information required |
| | (28) | Release |
| | (29) | When release occurs |
| | (30) | Application of subrules (31) to (35) |
| | (31) | Pleadings and particulars |
| | (32) | The "preliminary act" |
| | (33) | Form of preliminary act |
| | (34) | Preliminary act not to be opened |
| | (35) | Preliminary act to form part of pleading |
| Rule 21-2 — Carriage by Air Act |
| | (1) | Carriage by Air Act |
| Rule 21-3 — Mandamus, Prohibition, Certiorari and Habeas Corpus |
| | (1) | Proceeding to be started by petition |
| | (2) | Writs abolished |
| | (3) | Person affected may take part in proceeding |
| Rule 21-4 and Rule 21-5 |
| Rule 21-6 — Wills, Estates and Succession Act Wills Variation Proceedings |
| | (1) | Proceedings under the Wills, Estates and Succession Act |
| | (2) | Parties |
| | (3) | Response to civil claim |
| | (4) | These Supreme Court Civil Rules apply |
| Rule 21-7 — Foreclosure and Cancellation |
| | (1) | Starting the proceeding |
| | (2) | Parties |
| | (3) | Joinder of claim or party |
| | (4) | Person filing interest after certificate of pending litigation |
| | (4.1) | Information must accompany petition |
| | (5) | Powers of the court |
| | (6) | Final order |
| | (7) | Order for sale |
| | (8) | Inquiry to settle terms of sale |
| | (9) | Order confirming sale |
| | (10) | Notice to assess costs |
| | (11) | Agreement for sale |
| Rule 21-8 — Jurisdictional Disputes |
| | (1) | Disputed jurisdiction |
| | (2) | Order declining jurisdiction may be sought |
| | (3) | Disputed pleading or service |
| | (4) | Powers of court pending resolution |
| | (5) | Party does not submit to jurisdiction |
| Rule 21-9 — Negligence Act Claims |
| | (1) | Contribution or indemnity claimed under the Negligence Act |
| | (2) | Apportionment of liability claimed under the Negligence Act |
| Part 22 — General |
| Rule 22-1 — Chambers Proceedings |
| | (1) | Definition |
| | (2) | Failure of party to attend |
| | (3) | Reconsideration of order |
| | (4) | Evidence on an application |
| | (5) | Hearing of application in public |
| | (6) | Adjournment of application if applications not heard on date set |
| | (7) | Power of the court |
| | (8) | Powers of court if notice not given |
| | (9) | Urgent chambers proceeding |
| | (10) | Adjournment |
| | (11) | Notes of applications |
| Rule 22-2 — Affidavits |
| | (1) | Affidavit to be filed |
| | (2) | Form and content of affidavit |
| | (3) | Identifying affidavits |
| | (4) | Making affidavit |
| | (5) | Statement to be signed |
| | (6) | Statement if person swearing or affirming the affidavit unable to read |
| | (7) | Interpretation to person swearing or affirming the affidavit who does not understand English |
| | (8) | Exhibit to be marked |
| | (9) | Exhibits referred to in affidavits |
| | (10) | Numbering exhibit pages |
| | (11) | Alterations to be initialled |
| | (12) | Limitation on contents of affidavit |
| | (13) | Exception |
| | (14) | Use of defective affidavit |
| | (15) | Affidavit made before proceeding started |
| | (16) | Affidavit of patient under the Patients Property Act |
| Rule 22-3 — Forms and Documents |
| | (1) | Forms |
| | (2) | Documents |
| | (3) | Transcripts |
| | (4) | Space for stamp |
| | (5) | Style of proceeding |
| | (5.1) | Exception |
| | (6) | Style of proceeding for class proceeding |
| Rule 22-4 — Time |
| | (1) | Computation of time |
| | (2) | Extending or shortening time |
| | (3) | Extending or shortening time respecting pleadings |
| | (4) | Notice of intention to proceed after delay of one year |
| | (5) | Want of prosecution |
| | (6) | Attendance |
| Rule 22-5 — Multiple Claims and Parties |
| | (1) | Multiple claims |
| | (2) | Multiple parties |
| | (3) | Joining persons jointly entitled to relief |
| | (4) | If persons are jointly liable |
| | (5) | Party need not be interested in all relief |
| | (6) | Separation |
| | (7) | Separating counterclaim or third party claim |
| | (8) | Consolidation |
| | (9) | Misjoinder or nonjoinder of parties |
| Rule 22-6 — Change of Lawyer |
| | (1) | Change of lawyer |
| | (2) | Order that lawyer has ceased to act |
| | (3) | Order on application of lawyer |
| | (4) | Notice of withdrawal |
| | (5) | Filing of objection |
| | (6) | Procedure if no objection filed |
| | (7) | Service of notice of withdrawal |
| | (8) | Service of documents after withdrawal |
| | (9) | Procedure if objection filed |
| | (10) | Substituted service |
| | (11) | Service of copy of order |
| Rule 22-7 — Effect of Non-compliance |
| | (1) | Non-compliance with rules |
| | (2) | Powers of court |
| | (3) | Proceeding must not be set aside for incorrect originating pleading |
| | (4) | Application to set aside for irregularity |
| | (5) | Consequences of certain non-compliance |
| | (6) | Failure to comply with direction of court |
| | (7) | Dismissal for want of prosecution |
| Rule 22-8 — Contempt of Court |
| | (1) | Power of court to punish |
| | (2) | Corporation in contempt |
| | (3) | Security |
| | (4) | Certain acts as contempt |
| | (5) | If person may be guilty of contempt |
| | (6) | Power of court after apprehension |
| | (7) | If corporation may be guilty of contempt |
| | (8) | Power of court after apprehension |
| | (9) | Release of apprehended person |
| | (10) | Order for release |
| | (11) | Proceeding for contempt |
| | (12) | Affidavit |
| | (13) | Hearing |
| | (14) | Service of order not necessary |
| | (15) | Suspension of punishment |
| | (16) | Discharge of person |
| | (17) | Weekly review of person in custody |
| Rule 22-9 — Vexatious Litigants |
| | (1) | Leave to file pleading, application or other document |
| | (2) | Requisition need not be served |
| | (3) | Powers of the court |
| Part 23 — Court and Registry Matters |
| Rule 23-1 — Registry Operations |
| | (1) | Copy of document filed in registry |
| | (2) | When registry open |
| | (3) | Hours of registrar |
| | (4) | Lunch hours |
| | (5) | Use of seal |
| | (6) | Name of registry |
| | (7) | Signature of registrar |
| | (8) | Business not to be conducted out of office hours |
| | (9) | Request to registrar by requisition |
| | (10) | Incapacity of judge |
| | (11) | Powers of substituted judge |
| | (12) | Powers of presiding judge |
| | (13) | Transfers |
| Rule 23-2 — Fax Filing |
| | (1) | Application |
| | (2) | Document may be submitted for filing by fax |
| | (3) | Means of transmission |
| | (4) | Application of this rule |
| | (5) | When a document is filed |
| | (6) | Confirmation of filing |
| | (7) | Confirmation of filing |
| | (8) | Original of document may be required by court |
| Rule 23-3 — Electronic Filing |
| | (1) | Definitions |
| | (2) | This rule prevails in event of conflict |
| | (3) | Electronic services agreement |
| | (4) | Means of transmission |
| | (5) | Application of this rule |
| | (6) | Affidavits and other signed documents |
| | (7) | Retention of documents |
| | (8) | Conversion of documents |
| | (9) | Inspection of original documents |
| | (10) | Requisition |
| | (11) | Application of Rule 22-2 |
| | (12) | Electronic authentication deemed a signature |
| | (13) | Filing of documents |
| | (14) | Electronic acceptance |
| | (15) | Sealing of notice of civil claim |
| | (16) | Public access to documents filed electronically |
| | (17) | Service of documents |
| | (18) | If document does not reach a person |
| Rule 23-4 — Money in Court |
| | (1) | Interpretation |
| | (2) | Deposit of funds |
| | (3) | Deposit of securities |
| | (4) | Transmission of securities |
| | (5) | Payment out of court |
| | (6) | Interest |
| | (7) | No other interest payable |
| | (8) | Calculation of interest |
| | (9) | Account |
| | (10) | Investments |
| | (11) | Direction for payment out |
| | (12) | Deposit of other money paid into court |
| | (13) | No interest on other funds |
| | (14) | Money for person under disability |
| | (15) | Payment out of money or security |
| | (16) | Payment in for infant |
| | (17) | Payment out of money held for infant |
| Rule 23-5 — Sittings and Hearings |
| | (1) | Under direction of Chief Justice |
| | (2) | Urgency |
| | (3) | Hearing by communication medium |
| | (4) | Court may direct method of attendance |
| | (4.1) | Registrar may direct method of attendance |
| | (5) | Application must be made by requisition |
| Rule 23-6 — Associate Judges, Registrars and Special Referees |
| | (1) | Powers of an associate judge |
| | (2) | Associate judge as registrar |
| | (3) | Repealed |
| | (3.1) | Hearing record |
| | (3.2) | Dealings with hearing record |
| | (4) | Registrar's powers at registrar's hearing |
| | (5) | Registrar's directions at pre-hearing conference |
| | (6) | Reference by associate judge to judge |
| | (7) | Reference by registrar to judge or associate judge |
| | (8) | Repealed |
| | (8.1) | Notice of appeal |
| | (8.2) | Service of notice of appeal and appellant's statement of argument |
| | (8.3) | Notice of interest |
| | (8.4) | Service of notice of interest and respondent's statement of argument |
| | (8.5) | Transcript of reasons for judgment or decision |
| | (8.6) | Transcript of oral evidence |
| | (8.7) | Date and time of hearing of appeal |
| | (8.8) | Appeal record |
| | (8.9) | Appeal record to be returned |
| | (8.10) | Abridgement or modification of timelines and documents required on appeal |
| | (9)-(10) | Repealed |
| | (11) | Appeal not to act as stay |
| Part 23.1 — Method of Attendance and Application Record Pilot Projects |
| Rule 23.1-1 — Method of Attendance Pilot Project |
| | (1) | Method of attendance |
| | (2) | Directions may be different |
| | (3) | Application to change method of attendance |
| | (4) | Application must be made by requisition |
| | (5) | Directions apply |
| Rule 23.1-2 — Electronic Transmission of Application Record Pilot Project |
| | (1) | Electronic transmission of application record |
| | (2) | Directions may be different |
| | (3) | Application of other rules |
| Part 24 — Transition |
| Rule 24-1 — Transitional Pleadings |
| | (1) | Definitions |
| | (2) | These rules apply to transitional proceedings |
| | (3) | Pleadings deemed to be a notice of civil claim |
| | (4) | Requisition deemed to be a notice of civil claim |
| | (5) | Petition |
| | (6) | Appearance and statement of defence deemed to be a response to civil claim |
| | (7) | Appearance deemed to be a response to petition |
| | (8) | Other pleadings |
| | (9) | Unserved writ of summons |
| | (10) | Demand for amendment |
| | (11) | Party must amend |
| | (12) | Failure to amend |
| | (13) | Address for service |
| | (14) | Step in ongoing proceeding |
| | (15) | Trial management conference |
| | (16) | Court may decide |
| Part 25 — Estates |
| Rule 25-1 — Definitions |
| | (1) | Definitions |
| | (2) | Interpretation |
| | (3) | When delivery occurs under this Part |
| | (4) | Renunciation of executorship |
| | (5) | Solemn form |
| | (6) | Parties and parties of record |
| | (7) | Electronic wills — originals and digital reproductions |
| Rule 25-2 — Notice Must Be Provided |
| | (1) | Applications for estate grant or resealing |
| | (1.1) | Notice of proposed application in relation to estate |
| | (1.2) | Recipient of notice entitled to will in original electronic form |
| | (1.3) | Demand for will in original electronic form |
| | (1.4) | Provision of will in original electronic form |
| | (2) | Persons to whom documents must be delivered |
| | (2.1) | When application may be made |
| | (3) | Form of notice of application |
| | (4) | Multiple intended applicants |
| | (5) | When delivery occurs under this rule |
| | (6) | No delivery by e-mail, fax or other electronic means without acknowledgement |
| | (7) | If delivery is effected by e-mail, fax or other electronic means |
| | (8) | If person to whom notice is to be delivered is a minor |
| | (9) | If testamentary trust exists |
| | (10) | If person to whom notice is to be delivered is a mentally incompetent person |
| | (11) | How notice may be delivered to a mentally incompetent person |
| | (12) | If person to whom notice is to be delivered is dead |
| | (13) | Notice to Public Guardian and Trustee |
| | (14) | Court may alter or dispense with notice |
| | (15) | Public Guardian and Trustee not required to deliver notice under subrule (1) |
| | (16) | If application made for solemn form grant |
| Rule 25-3 — Application for Estate Grant |
| | (1) | Definition |
| | (2) | Documents to be filed in an application |
| | (3) | Filing of wills |
| | (4) | Multiple applicants |
| | (5) | Documents to be separate |
| | (6) | Form of affidavit for application for grant of probate or grant of administration with will annexed |
| | (7) | Filing of affidavit of assets and liabilities for estate grant |
| | (8) | Affidavit of assets and liabilities for non-domiciled estate grant |
| | (9) | Supplemental affidavit of assets and liabilities for estate grant |
| | (10) | Filing of affidavit of translator |
| | (11) | Delivery to Public Guardian and Trustee |
| | (12) | Exceptions to delivery to Public Guardian and Trustee |
| | (13) | Sealing of court file |
| | (14) | Search for will |
| | (14.1) | Copy must be attached |
| | (15) | Proof of proper execution of will by affidavit of subscribing witness |
| | (16) | Evidence of proper execution of will where subscribing witness unavailable |
| | (17) | Proof of proper execution of privileged will by member of military force |
| | (18) | Proof of will-maker's knowledge of will |
| | (19) | International Wills Convention |
| | (20) | Alterations |
| | (21) | Words erased or obliterated |
| | (22) | Registrar must consider appearance of will |
| | (22.1) | Confirmation that will is unaltered |
| | (23) | Document referred to in will |
| | (23.1) | Fee agreements |
| | (24) | Reference to judge or associate judge |
| Rule 25-3.1 — Amendment of Application |
| | (1) | When application may be amended |
| | (2) | How amendments made |
| | (3) | Identifying amendments |
| Rule 25-3.2 — Withdrawal of Application |
| | (1) | Withdrawal of application before issuance of grant |
| Rule 25-4 — Procedure After Filing Application Materials for Estate Grant |
| | (1) | Approval by registrar of application |
| | (1.1) | Estate grant required attachments |
| | (2) | When registrar must refuse to approve application |
| | (3) | Application must be in relation to will |
| | (4) | Registrar must provide notice of refusal |
| | (5) | How notice is to be provided |
| | (6) | Procedure after refusal by registrar to approve application |
| | (7) | Subrules (1) to (6) applicable after filing of revised or additional material |
| | (8) | Application by one or more of several co-executors |
| Rule 25-5 — Corrections, Amendments and Revocations of Estate Documents |
| | (1) | Applications to correct |
| | (1.1) | Application to correct name of deceased in style of proceeding |
| | (2) | Registrar may correct |
| | (2.1) | Registrar may correct name of deceased in style of proceeding |
| | (3) | Application for amendment |
| | (4) | Issue of new grant |
| | (5) | Filing of grant in revocation application |
| | (6) | When leave may be granted |
| | (7) | No revocation by default |
| Rule 25-6 — Applications for Resealing |
| | (1) | Definition |
| | (2) | Application for resealing |
| | (3) | Multiple applicants |
| | (4) | Domicile of deceased on resealing |
| | (5) | Documents to be separate |
| | (6) | Filing of affidavit of assets and liabilities for resealing |
| | (7) | Supplemental affidavit of assets and liabilities for resealing |
| | (8) | Filing of affidavit of translator |
| | (9) | Delivery to Public Guardian and Trustee |
| | (10) | Exceptions to delivery to Public Guardian and Trustee |
| | (11) | Search for will |
| Rule 25-7 — Procedure After Filing Application Materials for Resealing |
| | (1) | Approval by registrar of application |
| | (2) | Certification of resealing |
| | (3) | When registrar must refuse to approve application |
| | (4) | Registrar must provide notice of refusal |
| | (5) | How notice is to be provided |
| | (6) | Procedure after refusal by registrar to approve application |
| | (7) | Subrules (1) to (6) applicable after filing of revised or additional material |
| | (8) | Notice to issuing court of resealing |
| | (9) | Notice of revocation or amendment of resealed grant |
| Rule 25-8 — Effect of Authorization to Obtain Estate Information or Authorization to Obtain Resealing Information |
| | (1) | Authorizations may be delivered |
| | (2) | Order to provide information |
| | (3) | Powers of court if information or access not provided |
| Rule 25-9 — Application to Court for Grant or Resealing |
| | (1) | Applicant may apply to court |
| | (2) | Application materials |
| | (3) | Powers of the court |
| | (4) | Registrar to issue authorization or grant following disposition of application |
| Rule 25-10 — Notices of Dispute |
| | (1) | Notice of dispute |
| | (2) | Only one notice of dispute to be filed |
| | (3) | Contents of notice of dispute |
| | (4) | Amendment of notice of dispute |
| | (5) | Amendment of notice of dispute |
| | (6) | Renewal of notice of dispute |
| | (7) | Application for renewal of notice of dispute |
| | (8) | No grant while notice of dispute in effect |
| | (9) | Withdrawal of notice of dispute |
| | (10) | Application to remove notice of dispute |
| | (11) | Grounds on which notice of dispute may be removed |
| | (12) | When notice of dispute ceases to be in effect |
| Rule 25-11 — Citations |
| | (1) | Citation to apply for probate |
| | (2) | Alternate executors |
| | (3) | Citation to be supported |
| | (4) | Answer to citation |
| | (5) | Deemed renunciation of executorship |
| | (6) | Effect of failure to answer citation or give reason for refusing probate |
| | (7) | Affidavit of deemed renunciation for grant of probate |
| Rule 25-12 — Subpoena for Testamentary Document or Grant |
| | (1) | How to obtain a subpoena for testamentary document or grant |
| | (2) | Filings required |
| | (3) | Subpoena may be issued |
| | (4) | Service of subpoena |
| | (5) | Certification of non-compliance |
| | (6) | Failure of subpoenaed person to file document |
| | (7) | Release of apprehended person |
| | (8) | Order setting aside subpoena |
| Rule 25-13 — Remuneration and Passing of Accounts |
| | (1) | Remuneration and passing of accounts |
| | (2) | Application process |
| | (3) | Directions and referrals |
| | (4) | Effect of referral to registrar |
| | (5) | Certification of results |
| | (6) | Affidavit required for passing of accounts and remuneration |
| | (7) | Special costs |
| Rule 25-14 — Applications |
| | (1) | How to apply for most applications |
| | (1.1) | How to apply by petition for orders |
| | (1.11) | Applications by requisition |
| | (1.2) | Substitution of personal representative in the event of death |
| | (2) | How to apply for spousal home and will deficiencies orders |
| | (3) | Address for service |
| | (4) | Proceeding for proof of a will in solemn form |
| | (5) | Personal representative to be served |
| | (6) | When personal service is required |
| | (7) | Disputant to receive notice of proceeding relating to a grant |
| | (8) | Court may give directions as to procedure |
| | (9) | General civil petition rule applies |
| Rule 25-15 — Miscellaneous |
| | (1) | Grant of administration to guardians |
| | (2) | Changing address for service |
| | (3) | If no address for service given |
| | (4) | Costs if only solemn form required |
| | (5) | Costs for accessing electronic will in third-party electronic repository |
| Rule 25-16 — Transition |
| | (1) | Definition |
| | (2) | Application for grant or resealing under former rule |
| | (3) | Caveat filed under former rule |
| | (4) | Citation to accept or refuse probate served under former rule |
| | (5) | Probate actions under former rule |
| | (6) | Court may decide |
| Appendix A — List of Forms |
| Appendix A.1 — List of Probate Forms |
| Appendix B — Party and Party Costs |
| Appendix C |