| Contents |
| Part 1 — Interpretation |
| Rule 1-1 — Interpretation |
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(1) | Definitions |
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(2) | Interpretation Act and Supreme Court Act |
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(3) | Titles and headings |
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(4) | Reference aids |
| Rule 1-2 — Citation and Application |
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(1) | Citation |
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(2) | Application |
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(3) | Waiver of rule by agreement |
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(4) | Petitions and applications |
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(5) | Enactments of Canada |
| Rule 1-3 — Object of Rules |
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(1) | Object |
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(2) | Proportionality |
| Part 2 — How To Make A Claim |
| Rule 2-1 — Choosing the Correct Form of Proceeding |
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(1) | Commencing proceedings by notice of civil claim |
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(2) | Commencing proceedings by petition or requisition |
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(3) | Procedures applicable to particular proceedings |
| Part 3 — Proceedings Started By Filing A Notice of Civil Claim |
| Rule 3-1 — Notice of Civil Claim |
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(1) | Notice of civil claim |
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(2) | Contents of notice of civil claim |
| Rule 3-2 — Serving and Renewing the Notice of Civil Claim |
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(1) | Renewal of original notice of civil claim |
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(2) | Further renewal of notice of civil claim |
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(3) | When renewal period begins |
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(4) | After renewal of notice of civil claim |
| Rule 3-3 — Responding to a Notice of Civil Claim |
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(1) | Filing a response to civil claim |
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(2) | Contents of response to civil claim |
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(3) | Period for filing response to civil claim |
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(4) | Payment into court when tender pleaded |
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(5) | Costs if defence of tender successful |
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(6) | Application for money paid into court |
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(7) | Tender in defamation action |
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(8) | Consequence if fact not responded to |
| Rule 3-4 — Counterclaim |
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(1) | Counterclaim |
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(2) | Counterclaim against another person |
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(3) | Identification of parties |
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(4) | Service of counterclaim |
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(5) | Response to counterclaim |
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(6) | Application of rules |
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(7) | If action stayed or discontinued |
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(7.1) | Separate trial of counterclaim |
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(8) | Judgment |
| Rule 3-5 — Third Party Claims |
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(1) | Making a third party claim |
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(1.1) | Plaintiff as defendant to counterclaim |
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(2) | Third party need not be party to original action |
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(3) | Pursuing a third party claim |
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(4) | When leave is required |
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(5) | Court may consider case plan order |
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(6) | Application for leave |
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(7) | Service |
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(8) | Application to set aside third party notice |
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(9) | Response to third party notice |
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(10) | When response to third party notice not required |
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(11) | Application of rules |
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(12) | Response to civil claim |
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(13) | Application for directions |
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(14) | Powers of court |
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(15) | Third party issues |
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(16) | Default of response to third party notice |
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(17) | Relief |
| Rule 3-6 — Reply |
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(1) | Service of reply |
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(2) | Pleading subsequent to reply |
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(3) | Failure to reply |
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(4) | No joinder of issue |
| Rule 3-7 — Pleadings Generally |
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(1) | Pleading must not contain evidence |
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(2) | Documents and conversations |
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(3) | When presumed facts need not be pleaded |
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(4) | When performance of a condition precedent need not be pleaded |
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(5) | Matters arising since start of proceeding |
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(6) | Inconsistent allegations |
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(7) | Alternative allegations |
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(8) | Objection in point of law |
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(9) | Pleading conclusions of law |
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(10) | Status admitted |
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(11) | Set-off or counterclaim |
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(12) | Pleading after the notice of civil claim |
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(13) | General relief |
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(14) | General damages must not be pleaded |
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(15) | Substance to be answered |
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(16) | Denial of contract |
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(17) | Allegation of malice |
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(18) | When particulars necessary |
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(19) | Lengthy particulars |
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(20) | Further particulars |
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(21) | Particulars in libel or slander |
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(22) | Order for particulars |
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(23) | Demand for particulars |
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(24) | Demand for particulars not a stay of proceedings |
| Rule 3-8 — Default Judgment |
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(1) | Default in filing and serving a response to civil claim |
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(2) | Filings required |
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(3) | Claim for specified or ascertainable amount |
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(4) | Interest |
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(5) | Claim for damages to be assessed |
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(6) | Claim for detention of goods |
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(7) | Repealed |
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(8) | Application to judge or master |
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(9) | Judgment in other actions |
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(10) | Application for judgment |
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(11) | Court may set aside or vary default judgment |
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(12) | Method of assessment |
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(13) | Alternative methods of assessment |
| Part 4 — Service |
| Rule 4-1 — Address for Service |
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(1) | Party must have address for service |
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(2) | Additional addresses for service |
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(3) | Change of address for service |
| Rule 4-2 — Ordinary Service |
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(1) | Documents normally to be served by ordinary service |
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(2) | How to serve documents by ordinary service |
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(3) | When service by delivery is deemed to be completed |
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(4) | When service by mail is deemed to be completed |
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(5) | When documents may be served by fax |
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(6) | When service by fax or e-mail is deemed to be completed |
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(7) | If no address for service given |
| Rule 4-3 — Personal Service |
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(1) | When documents must be served by personal service |
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(2) | How to serve documents by personal service |
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(3) | Agent may be served |
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(4) | Court may grant leave |
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(5) | Notice to principal |
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(6) | Service on Attorney General |
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(7) | When personal service is deemed to be completed |
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(8) | Date of deemed service |
| Rule 4-4 — Alternative Methods of Service |
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(1) | Alternative service methods |
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(2) | If an alternative service method is permitted |
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(3) | Service by advertisement |
| Rule 4-5 — Service outside British Columbia |
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(1) | Service outside British Columbia without leave |
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(2) | Required endorsement |
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(3) | Application for leave to serve outside the jurisdiction |
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(4) | Applications may be made without notice |
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(5) | Service of order and related documents |
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(6) | If service without leave valid |
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(7) | Contract containing terms for service |
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(8) | Contract does not invalidate effective service |
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(9) | Definition |
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(10) | Manner of service abroad |
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(11) | Proof of service abroad |
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(12) | Forms |
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(13) | Certificate |
| Rule 4-6 — Proving Service |
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(1) | Proof of service |
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(2) | Proof of service by sheriff |
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(3) | Service on member of Canadian Armed Forces |
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(4) | Admissibility of other evidence of service |
| Rule 4-7 — Relief |
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(1) | If service is alleged to be ineffective |
| Part 5 — Case Planning |
| Rule 5-1 — Requesting a Case Planning Conference |
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(1) | Case planning conference may be requested |
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(2) | Case planning conference may be directed |
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(3) | Time for service of notice |
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(4) | Application must be made by requisition |
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(5) | Case plan proposal required |
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(6) | Contents of case plan proposal |
| Rule 5-2 — Conduct of Case Planning Conference |
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(1) | Case planning conference must be conducted by judge or master |
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(2) | Who must attend |
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(3) | Manner of attendance |
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(4) | Application must be made by requisition |
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(5) | Considerations of the court |
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(6) | Non-attendance at case planning conference |
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(7) | Proceedings must be recorded |
| Rule 5-3 — Case Planning Conference Orders |
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(1) | Orders |
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(2) | Prohibited orders |
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(3) | Case plan order required |
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(4) | Case plan order |
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(5) | When approval in writing by lawyer not required |
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(6) | Consequences of non-compliance |
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(7) | Application may be made at case planning conference |
| Rule 5-4 — Applications to Amend Case Plan Orders |
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(1) | Requesting amendments to case plan orders |
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(2) | Party may respond |
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(3) | Powers of court |
| Part 6 — Amendment of Pleadings and Change of Parties |
| Rule 6-1 — Amendment of Pleadings |
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(1) | When pleadings may be amended |
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(2) | How amendments made |
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(3) | Identifying amendments |
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(4) | Service of amended documents |
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(5) | Response of a party to amended document |
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(6) | Failure to serve amended responding document |
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(7) | Responding to amended pleading |
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(8) | Amendment at trial |
| Rule 6-2 — Change of Parties |
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(1) | Party ceasing to exist |
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(2) | Effect of death |
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(3) | Assignment or conveyance of interest |
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(4) | Change or transmission of interest or liability |
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(5) | Prosecution of proceeding if plaintiff or petitioner dies |
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(6) | Costs on dismissal |
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(7) | Adding, removing or substituting parties by order |
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(8) | Procedure if party added, removed or substituted by order |
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(9) | If case plan order in effect |
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(10) | Consent required |
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(11) | Effect of order |
| Part 7 — Procedures For Ascertaining Facts |
| Rule 7-1 — Discovery and Inspection of Documents |
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(1) | List of documents |
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(2) | Documents to be enumerated |
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(3) | Insurance policy |
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(4) | Information not to be disclosed |
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(5) | Insurance policy |
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(6) | Claim for privilege |
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(7) | Nature of privileged documents to be described |
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(8) | Affidavit verifying list of documents |
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(9) | Amending the list of documents |
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(10) | Party may demand documents required under this rule |
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(11) | Party may demand additional documents |
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(12) | Response to demand for documents |
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(13) | Application for production of documents |
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(14) | Court may alter requirements |
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(15) | Inspection of documents |
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(16) | Copies of documents |
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(17) | Order to produce document |
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(18) | Documents not in possession of party |
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(19) | Order by consent |
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(20) | Inspection of document by court |
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(21) | Party may not use document |
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(22) | Determination of issue before discovery |
| Rule 7-2 — Examinations for Discovery |
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(1) | Examination of parties |
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(2) | Limitations |
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(3) | Considerations of the court |
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(4) | Oral examination on oath |
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(5) | Examination of party that is not an individual |
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(6) | Examination of person for whose benefit action brought |
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(7) | Examination of assignor |
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(8) | Examination of guardian and infants |
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(9) | Examination of mentally incompetent person |
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(10) | Examination of bankrupt |
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(11) | Place |
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(12) | Examination before reporter |
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(13) | Service of notice |
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(14) | Person must attend examination |
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(15) | Fees must not be attached |
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(16) | Production of documents |
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(17) | Examination and re-examination |
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(18) | Scope of examination |
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(19) | Scope includes insurance |
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(20) | Information not to be disclosed |
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(21) | Insurance policy |
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(22) | Person must inform self |
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(23) | Response may be provided by letter |
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(24) | If letter provided |
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(25) | Objections |
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(26) | How recorded |
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(27) | Application to persons outside British Columbia |
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(28) | Service of order and notice |
| Rule 7-3 — Discovery by Interrogatories |
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(1) | Party may serve interrogatories by consent or with leave |
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(2) | If a party is a body of persons |
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(3) | Powers of court |
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(4) | Timing of answer to interrogatories |
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(5) | If more than one person to answer interrogatories |
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(6) | Objection to answer interrogatory |
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(7) | Insufficient answer to interrogatory |
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(8) | Application to strike out interrogatory |
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(9) | Service of interrogatories on lawyer |
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(10) | Lawyer must inform |
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(11) | Continuing obligation to answer |
| Rule 7-4 — Witness Lists |
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(1) | Witness lists |
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(2) | Requirements for list |
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(3) | Continuing obligation |
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(4) | Witness need not be called |
| Rule 7-5 — Pre-trial Examination of Witness |
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(1) | Order for examination |
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(2) | Expert |
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(3) | Affidavit in support of application |
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(4) | Application procedure |
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(5) | Subpoena |
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(6) | Identification of documents and objects |
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(7) | Notice of examination |
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(8) | Mode of examination |
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(9) | Time for examination |
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(10) | Application of examination for discovery rules |
| Rule 7-6 — Physical Examination and Inspection |
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(1) | Order for medical examination |
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(2) | Subsequent examinations |
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(3) | Questions by examiner |
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(4) | Order for inspection and preservation of property |
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(5) | Entry on land or building |
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(6) | Application to persons outside British Columbia |
| Rule 7-7 — Admissions |
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(1) | Notice to admit |
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(2) | Effect of notice to admit |
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(3) | Copy of document to be attached |
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(4) | Unreasonable refusal to admit |
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(5) | Withdrawal of admission |
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(6) | Application for order on admissions |
| Rule 7-8 — Depositions |
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(1) | Examination of person |
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(2) | Examination of person |
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(3) | Grounds for order |
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(4) | Time limits |
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(5) | Subpoena |
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(6) | Identification of documents and objects |
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(7) | Place of examination |
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(8) | Application of rule outside British Columbia |
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(9) | If person willing to testify |
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(10) | If person not willing to testify |
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(11) | Letter of request |
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(12) | Filing of undertaking |
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(13) | Notice of examination |
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(14) | Mode of examination |
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(15) | Objection to question |
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(16) | Recording of deposition evidence |
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(17) | Preserving testimony |
| Part 8 — Applications |
| Rule 8-1 — How to Bring and Respond to Applications |
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(1) | Definitions |
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(2) | How applications must be brought |
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(3) | Notice of application |
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(4) | Contents of notice of application |
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(5) | Date and time of hearing |
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(6) | Date and time if hearing time more than 2 hours |
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(7) | Service of application materials |
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(8) | Time for service |
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(9) | Application response |
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(10) | Contents of application response |
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(11) | Address for service |
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(12) | Repealed |
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(13) | Applicant may respond |
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(14) | No additional affidavits |
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(15) | Application record |
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(16) | Written argument |
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(17) | Service of application record index |
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(18) | If application respondent's application is to be heard at the hearing |
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(19) | Application record to be returned |
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(20) | Application record to be returned to the registry |
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(21) | Provision of amended application record |
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(21.1) | Resetting adjourned applications |
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(22) | Application respondent may apply for directions |
| Rule 8-2 — Place Application Is Heard |
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(1) | Place of hearing of application |
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(2) | If more than one place |
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(3) | If place of hearing is a place other than that at which the proceeding is being conducted |
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(4) | Place of hearing of application with leave of registrar |
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(5) | Notice of application must be endorsed to reflect grant of leave |
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(6) | If place of hearing is a place chosen with leave of registrar |
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(7-8) | Repealed |
| Rule 8-3 — Consent Applications |
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(1) | Application by consent |
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(2) | Consent order |
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(3) | Disposition of referred applications |
| Rule 8-4 — Applications of Which Notice Is Not Required |
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(1) | Application of which notice is not required |
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(2-3) | Repealed |
| Rule 8-5 — Urgent Applications |
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(1) | Short notice |
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(2) | How to make a short notice application |
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(3) | Normal time and notice rules don't apply |
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(4) | Powers of court on short notice application |
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(5) | Effect of short notice order |
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(6) | Orders without notice |
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(7) | Service of orders required |
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(8) | Setting aside orders made without notice |
| Rule 8-6 — Applications Made by Written Submissions |
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(1) | Application made by written submissions |
| Part 9 — Pre-Trial Resolution Procedures |
| Rule 9-1 — Offers to Settle |
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(1) | Definition |
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(2) | Offer not to be disclosed |
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(3) | Offer not an admission |
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(4) | Offer may be considered in relation to costs |
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(5) | Cost options |
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(6) | Considerations of court |
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(7) | Costs for settlement in cases within small claims jurisdiction |
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(8) | Counter offer |
| Rule 9-2 — Settlement Conferences |
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(1) | Settlement conference |
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(2) | Proceedings must be recorded |
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(3) | When judge must not preside |
| Rule 9-3 — Special Case |
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(1) | Statement of special case |
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(2) | Court may order special case |
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(3) | Form of special case |
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(4) | Hearing of special case |
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(5) | Order after hearing of special case |
| Rule 9-4 — Proceedings on a Point of Law |
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(1) | Point of law may be set down for hearing |
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(2) | Court may dispose of whole action |
| Rule 9-5 — Striking Pleadings |
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(1) | Scandalous, frivolous or vexatious matters |
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(2) | Admissibility of evidence |
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(3) | Powers of registrar |
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(4) | Reconsideration of order |
| Rule 9-6 — Summary Judgment |
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(1) | Definitions |
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(2) | Application |
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(3) | Response to application |
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(4) | Application by answering party |
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(5) | Power of court |
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(6) | Claiming party may proceed |
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(7) | Costs consequences |
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(8) | Court may decline to fix costs |
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(9) | Bad faith or delay |
| Rule 9-7 — Summary Trial |
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(1) | Definition |
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(2) | Application |
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(3) | When application must be heard |
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(4) | Setting application for hearing |
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(5) | Evidence on application |
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(6) | Application of Rule 12-5 |
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(7) | Application of Rule 11-6 |
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(8) | Filings with application |
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(9) | Notice of evidence to be used on application |
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(10) | Giving notice |
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(11) | Adjournment or dismissal |
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(12) | Preliminary orders |
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(13) | Ancillary or preliminary orders may be made at or before application |
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(14) | Judge not seized of application |
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(15) | Judgment |
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(16) | No further application without leave |
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(17) | Orders |
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(18) | Right to vary or set aside order |
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(19) | Order if jury notice filed |
| Rule 9-8 — Discontinuance and Withdrawal |
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(1) | Discontinuance before action set for trial |
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(2) | Discontinuance after action set for trial |
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(3) | Withdrawal by defendant |
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(4) | Costs and default procedure on discontinuance or withdrawal |
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(5) | Third party entitled to costs |
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(6) | Some costs remain recoverable |
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(7) | Proceeding after response is withdrawn |
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(8) | Discontinuance not a defence |
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(9) | Application to counterclaim, third party proceeding and petition. |
| Part 10 — Property and Injunctions |
| Rule 10-1 — Detention, Preservation and Recovery of Property |
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(1) | Property that is the subject matter of a proceeding |
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(2) | Fund that is the subject matter of a proceeding |
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(3) | Allowance of income from property |
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(4) | Recovery of specific property |
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(5) | Compensation for wrongful recovery |
| Rule 10-2 — Receivers |
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(1) | Appointment of receiver |
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(2) | Form of security |
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(3) | Remuneration of receiver |
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(4) | Accounts of receiver |
| Rule 10-3 — Interpleader |
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(1) | Entitlement to relief by way of interpleader |
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(2) | Claim to real or personal property taken by sheriff |
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(3) | Sheriff to deliver notice |
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(4) | If claim admitted |
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(5) | Sheriff may apply for interpleader relief |
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(6) | Mode of application |
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(7) | Affidavit |
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(8) | Application for interpleader relief |
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(9) | Powers of court on hearing application |
| Rule 10-4 — Injunctions |
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(1) | Applications for pre-trial injunctions |
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(2) | Applications for pre-trial injunctions before proceeding started |
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(3) | Applications for interim injunctions without notice |
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(4) | Injunction by court order |
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(5) | Undertaking as to damages |
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(6) | Application for injunction after judgment |
| Part 11 — Experts |
| Rule 11-1 — Application of Part 11 |
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(1) | Application of this Part |
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(2) | Case plan order |
| Rule 11-2 — Duty of Expert Witnesses |
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(1) | Duty of expert witness |
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(2) | Advice and certification |
| Rule 11-3 — Appointment of Joint Experts |
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(1) | Appointment agreement |
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(2) | Appointment by parties |
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(3) | Application to court |
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(4) | Application materials |
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(5) | Powers of court |
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(6) | Agreement |
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(7) | Role of expert appointed under this rule |
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(8) | Notice of application |
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(9) | Additional experts |
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(10) | Cross examination |
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(11) | Common experts |
| Rule 11-4 — Appointment of Own Experts |
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(1) | When each party may retain their own experts |
| Rule 11-5 — Appointment of Court's Own Expert |
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(1) | Appointment of experts by court |
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(2) | Materials required by court |
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(3) | Court may name different expert |
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(4) | Expert must consent |
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(5) | Previous report not a bar |
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(6) | Consequences of court appointment |
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(7) | Directions to expert |
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(8) | Contents of order appointing expert |
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(9) | Remuneration of expert |
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(10) | Security for remuneration |
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(11) | Reports |
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(12) | Report must be tendered as evidence |
| Rule 11-6 — Expert Reports |
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(1) | Requirements for report |
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(2) | Proof of qualifications |
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(3) | Service of report |
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(4) | Service of responding report |
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(5) | Supplementary report of joint or court-appointed expert |
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(6) | Supplementary report of own expert |
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(7) | Requirements for supplementary report |
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(8) | Production of documents |
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(9) | Notice of trial date to expert |
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(10) | Notice of objection to expert opinion evidence |
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(11) | When objection not permitted |
| Rule 11-7 — Expert Opinion Evidence at Trial |
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(1) | Reports must be prepared and served in accordance with rules |
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(2) | When report stands as evidence |
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(3) | Cross-examination of expert |
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(4) | Costs of cross-examination |
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(5) | Restrictions on calling expert as witness at trial |
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(6) | When court may dispense with requirement of this Part |
| Part 12 — Trial |
| Rule 12-1 — How to Set Trial for Hearing |
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(1) | Application |
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(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 12-2 — Trial Management Conference |
| |
(1) | Date for trial management conference |
| |
(2) | Trial management conference must be conducted by judge |
| |
(3) | Trial brief required |
| |
(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 |
| |
(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 |
| |
(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 master |
| |
(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) | Estate Administration Act |
| |
(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 |
| |
(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 |
| |
(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 |
| |
(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 |
| 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) | Representation of deceased person interested in a proceeding |
| |
(13) | Notice of application may be required |
| |
(14) | Person as relator |
| |
(15) | Conduct of a proceeding |
| Rule 20-4 — Declaratory Relief |
| |
(1) | Declaratory order |
| Rule 20-5 — Persons Who Are Impoverished |
| |
(1) | Court may determine impoverished status |
| |
(2) | Application of order |
| |
(3) | How to apply |
| |
(4) | Review, variation or rescission of order |
| |
(5) | No fee payable |
| 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 — Administration of Estates (Contentious) |
| |
(1) | Interpretation |
| |
(2) | Dispute as to the validity of a testamentary paper |
| |
(3) | Start of action |
| |
(4) | Parties |
| |
(5) | Action for revocation of grant |
| |
(6) | Failure to lodge grant on action for revocation |
| |
(7) | Counterclaim |
| |
(8) | Failure to serve notice of civil claim |
| |
(9) | Response to civil claim limited to proof in solemn form |
| |
(10) | Certain rules not to apply |
| |
(11) | Order for discontinuance or dismissal |
| |
(12) | Compromise |
| Rule 21-5 — Administration of Estates (Non-Contentious) |
| |
(1) | Interpretation |
| |
(2) | Application |
| |
(3) | Application for probate or letters of administration |
| |
(4) | Documents to be deposited |
| |
(5) | Proof of death if exact date is known |
| |
(6) | Proof of death if exact date is unknown |
| |
(7) | Approval by registrar |
| |
(8) | Hearing of application |
| |
(9) | Proof of execution if no attestation clause |
| |
(10) | Affidavit of witness |
| |
(11) | Proof if no affidavit of witness |
| |
(12) | Proof of date of execution |
| |
(13) | Proof in solemn form |
| |
(14) | Petition required |
| |
(15) | Service |
| |
(16) | Interlineations and alterations |
| |
(17) | When words erased or obliterated do not form part of probate |
| |
(18) | When erased or obliterated words form part of probate |
| |
(19) | Affidavit explaining |
| |
(20) | Document referred to in a will |
| |
(21) | Accounting for non-production |
| |
(22) | What documents may form part of will |
| |
(23) | Appearance of the paper |
| |
(24) | Notice to next of kin |
| |
(25) | Limited administration |
| |
(26) | Person entitled to general grant must not take limited grant |
| |
(27) | Grants to an attorney |
| |
(28) | Grants of administration to guardians |
| |
(29) | Administration bonds |
| |
(30) | Affidavit of surety |
| |
(31) | Registrar not to become surety |
| |
(32) | Administration bond requirements |
| |
(33) | Time of issuing grant |
| |
(34) | Delay in application |
| |
(35) | Identity of parties |
| |
(36) | Proof of search for will |
| |
(37) | Affidavit of will search not required |
| |
(38) | Renunciations |
| |
(39) | Caveats |
| |
(40) | Registrar notification |
| |
(41) | Contents of caveat |
| |
(42) | Signature of caveator |
| |
(43) | Time caveat in force |
| |
(44) | No grant while caveat in force |
| |
(45) | Notice to caveator |
| |
(46) | Contents of notice |
| |
(47) | Notice of interest |
| |
(48) | Effect of failure to file notice of interest |
| |
(49) | Citation to accept executorship |
| |
(50) | Form of citation and answer |
| |
(51) | Citation to propound an alleged will |
| |
(52) | Citation |
| |
(53) | Answer |
| |
(54) | Citation to bring in a will |
| |
(55) | Citation |
| |
(56) | Subpoena |
| |
(57) | Filing and service of citations |
| |
(58) | Filing and service of answers |
| |
(59) | Foreign grants |
| |
(60) | Foreign wills |
| |
(61) | Application to reseal grant |
| |
(62) | Filing required |
| |
(63) | Affidavit on resealing |
| |
(64) | Evidence of domicile of deceased on resealing |
| |
(65) | Application to be marked if registrar not satisfied |
| |
(66) | Application of other rules on resealing |
| |
(67) | Grant to be resealed |
| |
(68) | Notice of resealing |
| |
(69) | Notice of revocation or alteration to resealing court |
| |
(70) | Remuneration and passing of accounts |
| |
(71) | Directions and referrals |
| |
(72) | Affidavit required for passing of accounts and remuneration |
| Rule 21-6 — Wills Variation Act |
| |
(1) | Proceedings under the Wills Variation 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 |
| |
(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 set for hearing on a holiday |
| |
(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) | Copies of documentary exhibits |
| |
(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 |
| |
(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 |
| 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) | Urgency or convenience |
| |
(4) | Video conferencing |
| |
(5) | Application must be made by requisition |
| Rule 23-6 — Masters, Registrars and Special Referees |
| |
(1) | Powers of a master |
| |
(2) | Master as registrar |
| |
(3) | Powers of a master in estates |
| |
(4) | Registrar's powers at registrar's hearing |
| |
(5) | Registrar's directions at pre-hearing conference |
| |
(6) | Reference by master to judge |
| |
(7) | Reference by registrar to judge or master |
| |
(8) | Appeal from master, registrar or special referee |
| |
(9) | Form of appeal |
| |
(10) | Notice |
| |
(11) | Appeal not to act as stay |
| 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 |
| Appendix A Forms |
| Appendix B Party and Party Costs |
| Appendix C Fees |