This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland
and Labrador
Rules
of the Supreme Court, 1986 (Amendment) (Filed
Under the authority of section 55 of the Judicature Act, the Rules Committee of
the Trial Division makes the following rule. Dated at Barry R. Sparkes, Q.C. RULES Analysis 1. Rule 18A Added RULE 18A 18A.01 Purpose 2. Commencement 1. The Rules of the Supreme
Court, 1986 are amended by adding immediately after Rule 18 the following: RULE 18A Purpose 18A.01. The purpose of this Rule is to provide for
selected proceedings a level of management and direction with respect to pre-trial
procedures and preparation for trial that is more organized, coordinated and
focused than what would be normally applicable to cases proceeding through the
system from pleading to trial, with a view to (a) ensuring that maximum benefit is gained from
each trial day; (b) making more efficient use of Court resources; (c) ensuring adequate and accurate amounts of time
are reserved for trial; and (d) providing for the public interest in access to
justice in a timely and cost effective manner. Definitions 18A.02. (1) In this Rule (a) "case management
hearing" means a hearing upon application, or a hearing by way of
reference by a judge out of a case management meeting, relating to proceedings
subject to a case management order; (b) "case management meeting" means an informal
meeting between a judge, designated as a case management judge under this Rule,
and parties or their counsel in one or more proceedings subject to a case
management order to discuss and to potentially resolve issues related to the
management of those proceedings with a view to achieving the purposes listed in
rule 18A.01; (c) "case management order" means an
order for the management, supervision and direction of matters relating to preparation
for trial and pre-trial applications made pursuant to rule 18A.03; (d) "complex
trial" includes (i) trial of a claim under the Mechanics' Lien Act where either a
defence has been filed or, even if a defence has not been filed, more than one
claim for lien has been filed in the mechanics lien register of the Registry of
Deeds and the claims remain undischarged as of the date of commencement of a
proceeding to enforce one of them, (ii) trial of a claim
involving a contested adverse claim under the Quieting of Titles Act, (iii) trial of any claim
where in the opinion of a judge the number of exhibits requires pre-trial
organization and management, (iv) trial of any claim
that is likely to involve evidence from more than six expert witnesses, (v) trial of any claim involving two or more
unrelated causes of action or three or more unrelated plaintiffs or defendants, (vi) trial of a proceeding
in respect of which an order has been, or is likely to be, made under rule
18(1), and (vii) trial of a proceeding
which is, or is likely, to be tried before a civil jury; and (e) "lengthy trial" means a trial that
is likely to take more than 20 trial days to complete. (2) This Rule does not apply to (a) a family law
proceeding to which Rule 56A, 56B or 56C applies; (b) a class proceeding to
which Rule 7A applies; or (c) any other proceeding
which has been exempted by order. Case
Management Order 18A.03. (1) At any time following the close of pleadings, any party may
apply for a case management order on the grounds that (a) the proceeding will involve a complex trial or
a lengthy trial; or (b) the preparation for trial or pre-trial
applications in the proceeding would otherwise benefit from management, supervision
and direction by a single judge. (2) An application pursuant to rule 18A.03(1) may
be made (a) to the court, by way of an interlocutory
application (inter partes); (b) informally to the Chief Justice, or a judge
designated by the Chief Justice, where all parties consent; or (c) to a judge conducting a pre-trial conference
pursuant to Rule 39, who may make such an order where all parties consent, or,
where they do not consent, may move the matter into applications court where it
may be dealt with on application. (3) A judge may on that judge=s own motion after hearing from the parties, by way of an order
incidental to the matter being dealt with, make a case management order on the
grounds mentioned in rule 18A.03(1). (4) In considering whether to make a case management
order (a) the judge shall make such an order where in
that judge's opinion the circumstances fall within the definition of a complex
trial or a lengthy trial, unless upon consideration of all relevant factors it
would not be in the best interests of the administration of the proceeding as a
whole to make such an order; and (b) the judge shall not make such an order where
in that judge's opinion the circumstances do not fall within the definition of
a complex trial or a lengthy trial, unless upon consideration of all relevant
factors it would nevertheless be in the best interests of the proceeding as a
whole to make such an order. (5) In considering whether to make a case
management order, the judge shall take account of the following factors: (a) the estimated length of the trial; (b) the complexity of the trial; (c) the number of parties; (d) the number and nature of issues and their
interrelation; (e) the degree to which there may be common issues
of law or fact or common or interrelated claims to relief, where more than one
proceeding exists; (f) the estimated number of pre-trial applications
that are likely to be made; (g) the degree to which proposed pre-trial
applications may be interrelated; (h) the degree of difference of opinion among
counsel as to the pre-trial management of the proceeding and the approach to
preparation for trial; and (i) any other circumstance peculiar to the
specific proceeding that may affect the management, supervision and direction
of the proceeding. (6) More than one proceeding may be made subject
to a single case management order either at the time of the original order or
by way of addition at a subsequent time. (7) Where it is proposed that more than one
proceeding be made subject to a single case management order, all parties in
all existing affected proceedings shall be given notice of the proposal and an
opportunity to be heard. (8) A case management order may include
prospective proceedings not yet commenced where the subject-matter of those proceedings
may be interrelated with, or raise substantially the same issues as, or may be
procedurally interconnected with, existing proceedings that are, or are to be
made, subject to the order. (9) Where a prospective proceeding is included in
a case management order, any party to such a proceeding, once it is commenced,
may apply to the case management judge for reconsideration of the decision to
include it within the order. (10) A case management order may be amended, modified
or rescinded from time to time as the circumstances require. Case
Management Judge 18A.04. (1) Where a judge determines that one or more proceedings are
appropriate for case management, the judge shall (a) declare that the proceeding or proceedings in
question shall, until further order, be conducted in accordance with this Rule; (b) where the order includes a prospective
proceeding not yet commenced, define the circumstances relating to parties,
subject-matter, issues and procedure which will identify all prospective
proceedings that will become subject to the order; (c) designate a judge, and an alternate, to act as
the case management judge with respect to the proceeding or proceedings; and (d) make any other consequential order that the
judge deems appropriate to facilitate the case management process. (2) Except in special circumstances, the designation
of a case management judge and an alternate pursuant to rule 18A.04(1)(c) shall
be made in rotation from a roster of judges maintained for the purpose by the
Chief Justice. (3) Once a case management order is made, the
Registrar shall cause it to be brought to the attention of the designated case
management judge and the alternate. (4) The Registrar shall cause all subsequent
applications and other steps taken in the proceeding to be brought to the
attention of the case management judge. (5) An alternate case management judge shall only
perform the role of case management judge when the case management judge is unavailable
within a reasonable time to deal with the matter, or the parties otherwise consent. Form
and Contents of Case Management Order and Subsequent Pleadings 18A.05. (1) In addition to the requirements of rule 49.01, an order
embodying a case management order shall, below the title of proceeding, be
headed "CASE MANAGEMENT ORDER". (2) All subsequent pleadings in a proceeding in
respect of which a case management order has been made shall include the words
immediately below the title of proceeding "A CASE-MANAGED PROCEEDING
BEFORE JUSTICE __________" followed by the name of the case management
judge assigned to that proceeding. Case
Management Meetings 18A.06. (1) Upon being notified of appointment, the case management
judge shall convene a case management meeting with all counsel to discuss then
or at a later case management meeting (a) the nature of the proceedings; (b) the type and timing of pre-trial procedures
and applications that may be necessary before the case is ready for trial; (c) the development of a case management plan,
including milestones; (d) the procedures to be followed for further case
management meetings; and (e) any of the matters listed in rule 18A.06(3). (2) The case management judge may at the request
of a party or on that judge=s own motion at a convenient time on notice to all parties convene
and hold case management meetings where in the opinion of the judge they will
assist in the conduct of the proceedings. (3) At a case management meeting, the judge and
the parties may discuss any or all of the following matters: (a) the nature and extent of the pre-trial
procedures that may be required to advance the proceedings; (b) the timing and methodology associated with the
making of any application; (c) the dispensing with procedural steps associated
with any application; (d) the possibility of resolving procedural steps
by agreement; (e) the appropriateness of restructuring any or
all of the proceedings for trial; (f) the setting or re-adjustment of timetables for
steps to be taken in the proceedings; (g) the determination of readiness for trial of
some or all of the proceedings, if more than one; (h) such other matters as would be discussed and
dealt with at a pre-trial conference pursuant to rule 39.02(5); (i) the appropriateness of holding a settlement
conference or mediation session; (j) the manner of conduct of the trial; (k) the preparation and filing of a certificate of
readiness when the matter is ready for trial; and (l) any other matters pertinent to or affecting
the proper conduct of the proceeding. (4) Where technical arrangements can be
appropriately made, and unless the case management judge otherwise orders,
counsel or a party may participate in a case management meeting by audio conference
or video conference pursuant to Rule 47A. (5) Counsel attending at or participating in a
case management meeting shall have authority to deal with the matters raised
and shall be fully acquainted with the facts and legal issues. (6) The case management judge may incorporate a decision
made by consent during a case management meeting in an order, or in the event
of disagreement of the parties on a particular matter, adjourn the matter into
chambers or Court for full argument and decision. (7) Where a case management order has been made
and the parties have filed a certificate of readiness, a pre-trial conference
need not be held pursuant to Rule 39 as a condition of the matter being placed
on a trial list. Case
Management Hearings 18A.07. (1) Where a case management judge has been assigned in
accordance with this Rule, all subsequent applications shall, unless otherwise
ordered or all parties otherwise request, be made to that judge and the party
filing an application shall endorse on the application the name of the case
management judge. (2) The Registrar shall bring to the attention of
the case management judge an application submitted for filing in accordance
with rule 18A.07(1), obtain an appropriate date from that judge for the hearing
of that application and notify the parties of that date. (3) The materials filed on an application shall be
accompanied by a separate copy of all materials marked "Case Management
Judge's Copy", for use by the case management judge and that copy shall be
delivered to the judge at least five days before the date set for the hearing
of the application. (4) Where a matter is adjourned into chambers or
Court for full argument and decision pursuant to rule 18A.06(3), the matter
shall be treated as an application pursuant to rule 18A.07(1) and the judge
shall give such directions as may be appropriate with respect to documentation
to be filed in support of or opposition to the application. (5) On separate application, or incidental to
another application, the case management judge may give such directions as
could be made on an application under rules 38.01(1)(d), (e) and (f). Multiple
Proceedings Subject to One Case Management Order 18A.08. (1) Where more than one proceeding has been made subject to a
single case management order pursuant to rule 18A.03(6),
the Registrar (a) shall maintain a list, called the Master
Proceedings List, consisting of the title of proceedings, file numbers and counsel,
of all proceedings subject to the case management order; and (b) may, and if ordered in the case management
order or otherwise, shall, cause a Master File to be opened and numbered with a
generically descriptive title of proceeding, and any subsequent filing therein
shall be deemed to be a filing in the original file of each separate proceeding. (2) All subsequent pre-trial proceedings affecting
more than one proceeding, and all orders and directions arising therefrom,
shall use the title of proceeding of the Master File, if any, and shall have endorsed
thereon, immediately below the title of proceeding (a) the words
"Before Justice ________________, Case Management Judge"; and (b) a statement that the application, order or
direction, as the case may be, applies either to (i) all of the
proceedings listed in the Master Proceedings List, or (ii) all of the proceedings in the Master
Proceedings List except those proceedings as are identified by reference to
their original file numbers, or (iii) such of those proceedings as may be identified
by reference to their original file numbers; and (c) in default of compliance with this rule, all
orders and directions respecting pre-trial proceedings and case management
decisions shall apply to all of the proceedings on the Master Proceedings List
unless otherwise ordered. (3) Any party may apply at any time to remove a
proceeding from the Master Proceedings List and, if that order is granted, that
proceeding thenceforth shall proceed as if it is not subject to the case management
order, and the Master Proceedings List shall be amended accordingly. (4) Notwithstanding rules 18A.08(1) and (2), where
a party to a proceeding is required to file documents, such as a list of
documents pursuant to Rule 32, or pleadings such as an amended statement of
claim or defence pursuant to Rule 15, which relate to a particular proceeding
only, the document or pleading shall continue to use the original title of proceeding
and file number for that proceeding and shall be filed in the original file
pertaining to that proceeding. (5) Any party to a proceeding on the Master Proceedings
List or any party to a proceeding (herein referred to as the "Non-Case Managed
Proceeding") not presently on the Master Proceedings List may apply, on
notice to all existing parties and to all parties to the Non-Case Managed
Proceeding, for an order subjecting the Non-Case Managed Proceeding to the case
management order and, if such an order is granted, the Non-Case Managed Proceeding
shall henceforth be subject to the case management order and be added to the
Master Proceedings List. Miscellaneous 18A.09. (1) The case management judge and, where the alternate case
management judge has been actively involved in the matter, the alternate case
management judge, shall not sit on the trial of any proceeding that has been
subject to the case management order. (2) The case management judge and the alternate
case management judge shall not disclose to the trial judge or to any other
judge the positions taken or the admissions or concessions, if any, made during
case management meetings. (3) Where counsel or a party (a) fails to comply with the spirit of this Rule; (b) obstructs the case management process; or (c) fails to attend and participate in a case
management meeting in an authorized and prepared manner, the case management judge may, where the
failure is not a failure of all counsel or unrepresented parties involved, make
any order as to costs that is deemed just. Commencement 2. This rule shall come into force on ©Earl G. Tucker, Queen's Printer |