RULE 1
CITATION, APPLICATION AND INTERPRETATION
1.01
Citation
1.02
Application
1.03
Definitions
1.04
References to rules
1.05
Waiver of rule by agreement
1.06
Authority of solicitor to act for a party under rules
1.07
Duties of Registrar
RULE 2
EFFECT OF NON-COMPLIANCE
2.01
Non-Compliance with rules
2.02
Application to set aside for irregularity
RULE 3
TIME
3.01
Computation of time
3.02
Newfoundland
Standard Time Act
3.03
Extension, etc., of time
3.04
Notice of intention to proceed after twelve months' delay
RULE 4
RULES AND DOCUMENTS
4.01
Form
4.02
Documents requirements
4.02A
Filing documents
4.03
Copies of documents for other party
4.04
Practice Notes
4A.01
Confidentiality orders
PART I
RULE 5
COMMENCEMENT OF PROCEEDINGS
5.01
Mode of commencing a proceeding
5.02
Commencing a proceeding (Application)
5.03
Commencing any other proceeding
5.04
Duty of Registrar on the filing of an originating document
5.05
Issue of concurrent originating document
5.06
Duration and renewal of originating document, etc.
5.07
Right to sue or defend in person or by a solicitor
5.08
Transfer of documents between judicial centres
RULE 5A
COMMENCEMENT OF PROCEEDINGS FOR ENTRY OF JUDGMENT PURSUANT TO STATUTE AND ELECTRONIC FILING OF CERTAIN DOCUMENTS
5A.01
Interpretation
5A.02
Entry of judgment
5A.03
Filing fees
5A.04
Records
5A.05
Amendments
5A.06
Application to set aside judgment
RULE 6
ORIGINATING AND OTHER DOCUMENTS: SERVICE
6.01
General provisions
6.02
Personal Service
6.03
Alternatives to personal service
6.04
Substituted service
6.05
Where notice not received
6.06
Validating service
6.07
Service of an originating document out of the province
6.08
Originating document: manner of service outside the province
6.09
Originating document: proof of service out of the province
6.10
Pleading: service
6.11
Service of non-originating documents
6.12
Service of certain documents on person under disability
6.13
Effect of service after certain hours
6.14
Affidavit of service
6.15
No service required in certain cases
6.16
Default under the Hague Convention
RULE 6A
SERVICE BY TELECOPIER
6A.01
Service by telecopier
6A.02
Cover page
6A.03
Transmission of certain documents
6A.04
When service is effective
RULE 7
CAUSES OF ACTION AND PARTIES
7.01
Joinder of causes of action
7.02
Joinder of parties
7.03
Court may order separate trials, etc.
7.04
Misjoinder and nonjoinder of parties
7.05
Intervenor becoming a party
7.06
Intervenor as amicus curiae
7.07
Change of parties
7.08
Provisions consequential on making of order under rule 7.04 or 7.07
7.09
Actions for possession of land
7.10
Relator actions
7.11
Representative proceeding
7.12
Representation of interested persons who cannot be ascertained, etc.
7.13
Representation of beneficiaries by trustees, etc.
7.14
Representation of deceased person interested in a proceeding
7.15
Parties to mortgage proceedings
7.16
Declaratory judgment
7.17
Conduct of a proceeding
7.18
Public Officers: Death or separation from Office
7.19
Waiver or reduction of fees
7.20
Exemption from costs
RULE 7A
CLASS ACTIONS
7A.01
Interpretation
7A.02
Commencement of proceedings
7A.03
File administration
7A.04
Certification application
7A.05
Application for certification by defendant
7A.06
Subclass certification
7A.07
Class action plan
7A.08
Amendment to pleadings
7A.09
Pre-trial conference
7A.10
Settlementm, discontinuance and abandonment
7A.11
Representative proceedings
RULE 8
MINORS AND MENTALLY INCOMPETENT PERSONS
8.01
Person under disability shall commence a proceeding by guardian ad litem
8.02
Appointment of guardian ad litem
8.03
Appointment of guardian where person under disability does not oppose proceeding
8.04
Application to discharge or vary certain orders
8.05
Discovery and interrogatories
8.06
Compromise, etc., by person under disability
8.07
Approval of settlement
8.07A
Application for approval of settlement sealed
8.08
Control of money received by person under disability
RULE 9
PARTNERS
9.01
Proceeding by or against a firm or partners
9.02
Disclosure of partners' names
9.03
Where a partner opposes a proceeding or denies the partnership
9.04
Order against firm and partners
9.05
Enforcing order in a proceeding between partners, etc.
9.06
Application to person carrying on business in another name
RULE 10
DEFENCES; FILING AND SERVICE; SETTING ASIDE ORIGINATING DOCUMENT
10.01
The defence
10.02
Filing a defence
10.03
Duty of Registrar on filing defence
10.04
Service of defence
10.05
Application to set aside originating document, etc.
RULE 11
COUNTERCLAIMS
11.01
Counterclaim against a plaintiff
11.02
Counterclaim against plaintiff and other person
11.03
Jurisdiction of Court
11.04
Application of rules to counterclaim and defence to counterclaim
RULE 12
THIRD PARTY PROCEEDINGS
12.01
Definition
12.02
Third party notice
12.03
Application for leave to issue third party notice
12.04
Issue and service of third party notice
12.05
Defence of third party
12.06
Third party directions
12.07
Default of third party
12.08
Third party proceeding set aside or heard separately
12.09
Third and subsequent parties
12.10
Counterclaim by defendant
12.11
Offer of contribution
12.12
Application of rules to Third Party Proceedings
RULE 13
INTERPLEADER
13.01
Entitlement to relief by way of interpleader
13.02
Claim to property taken by sheriff
13.03
Mode of application
13.04
Powers of Court on hearing application
13.05
Summary determination of application by Court
13.06
Power to order sale of goods taken in execution
RULE 14
PLEADINGS
Service of Pleadings
14.01
Service of pleadings
Form of Pleadings
14.02
Pleadings: formal requirements
Rules Applicable to all Pleadings
14.03
Facts, not evidence to be pleaded
14.04
Law may be pleaded
14.05
Presumed facts need not be pleaded
14.06
Conditions precedent
14.07
Documents or conversations
14.08
Pleading in the alternative
14.09
Matter may be pleaded whenever arising
14.10
Departure
14.11
Particulars of pleading
Additional Rules of Pleading Applicable to a Statement of Claim, Counterclaim and Third Party Notice
14.12
Claims for relief
Additional Rules of Pleading Applicable to a Defence and Any Subsequent Pleading
14.13
Traverse and confession and avoidance
14.14
Specific denial of representative capacity, partnership or corporate existence
14.15
Denial of contract, promise or agreement
14.16
Denials in claims arising from debts, bills of exchange, etc.
14.17
Defence - claim for possession of land
14.18
Defence of tender
14.19
Defence of set-off
14.20
Costs of improper denials
Rules of Pleading Applicable to Subsequent Pleadings and Close of Pleadings
14.21
Pleadings subsequent to the defence
14.22
Close of pleadings
Demand for Particulars
14.23
Demand for particulars
Striking Out Pleadings
14.24
Striking out pleadings, etc.
RULE 15
AMENDMENT
15.01
Adding or amending a party to a proceeding
15.02
Amending the text of pleadings filed with the Court
15.03
Form and service of the amended document
15.04
Time limited for serving and filing an amended document
15.05
Filing defence to amended statement of claim, etc.
15.06
Application for disallowance of amendment made without leave
15.07
Amendment of decisions and orders
15.08
Reversal or variation of order
15.09
Power to amend on appeal
15.10
Costs of amendments
RULE 16
DEFAULT OF DEFENCE
16.01
Default of defence: liquidated demands, damages, detention, etc.
16.02
Default of defence: mixed claims
16.03
Default of defence: other claims
16.04
Default of defence: in mortgage actions
16.05
Proof on default
16.06
Setting aside judgment entered by default
16.07
Right of defendant to notice
16.08
Default of defence: counterclaims and third party notice
RULE 17
SUMMARY JUDGMENT
17.01
Application for entry of a summary judgment
17.02
Disposal of application
17.03
Right to continue with residue of proceeding
17.04
Judgment on admission of facts or documents
17.05
Application to a counterclaim or third party proceeding
17.06
Setting aside judgment
RULE 17A
SUMMARY TRIAL AND EXPEDITED TRIAL
17A.01
Interpretation
17A.02
Evidence on application
17A.03
Disposition of application
17A.04
Granting of judgment
17A.05
Effect of dismisssal of application
17A.06
Bad faith
17A.07
Where trial is necessary
17A.08
Judge not to preside
17A.09
Expedited trial
RULE 18
CONSOLIDATION OF A PROCEEDING
18.01
Consolidation, etc. proceeding
18.02
Separate trials or hearings in a proceeding
RULE 18A
CASE MANAGEMENT
18A.01
Purpose
18A.02
Definitions
18A.03
Case management order
18A.04
Case management judge
18A.05
Form and Contents of Case Management Order and Subsequent Pleadings
18A.06
Case management meetings
18A.07
Case management hearings
18A.08
Multiple Proceedings Subject to One Case Management Order
18A.09
Miscellaneous
RULE 19
DISCONTINUANCE AND WITHDRAWAL
19.01
Discontinuance of proceeding, etc., without leave
19.02
Discontinuance of proceeding, etc., with leave
19.03
Costs
19.04
Effect of discontinuance
19.05
Counterclaims and third party proceedings
RULE 20
PAYMENT INTO AND OUT OF COURT AND TENDER
20.01
Payment into Court in satisfaction
20.02
Payment into Court of money tendered
20.03
Acceptance and payment out of money paid into Court in satisfaction
20.04
Costs on payment of money out of Court
20.05
Payment into Court by defendant with counterclaim
20.06
Payment of money out of Court to defendant
20.07
Non-disclosure of payment into Court
20.08
Counterclaims and third party proceedings
20.09
Payment into Court under The Trustee Act
20.10
Money of persons under disability
20.11
Method of payment of money into Court
20.12
Money paid into Court under order, etc.
20.13
Payment of money to estate of deceased person
20.14
Unclaimed balances paid to Consolidated Revenue Fund
RULE 20A
OFFERS TO SETTLE
20A.01
Where available
20A.02
Time for making offer
20A.03
When offer to settle may be revoked
20A.04
Effect of offer
20A.05
Acceptance of offer
20A.06
Time for acceptance
20A.07
Effect of Acceptance
20A.08
Effect of failure to accept
20A.09
Multiple defendants
20A.10
Discretion of court
20A.11
Offer to contribute
20A.12
Application to Counterclaims, Cross-Claims or Third Party Claims
RULE 21
SECURITY FOR COSTS
21.01
Security for costs
21.02
Manner of giving security
21.03
Release of security
21.04
Counterclaims and third party proceedings
RULE 22
INJUNCTIONS, INTERIM PRESERVATION OF PROPERTY, SAMPLES, ETC.
22.01
Injunctions
22.02
Detention, preservation or inspection of property
22.03
Samples, experiments or photographs
22.04
Sale
of perishable property, etc.
22.05
Recovery of personal property subject to lien, etc.
22.06
Allowance of income of property pendente lite
22.07
Order for early trial, etc.
RULE 23
CHANGE OF SOLICITOR
23.01
Notice of change of solicitor
23.02
Notice of change of agent of solicitor
23.03
Notice of appointment of solicitor
23.04
Notice of intention to act in person
23.05
Removal of solicitor from record at instance of another party
23.06
Withdrawal of solicitor who has ceased to act for party
23.07
Advising the presiding judge
RULE 24
ACCOUNTS
24.01
Summary order for account
24.02
Order of the Court
24.03
Accounts to be made, verified, etc.
24.04
Notice of alleged omissions or errors
24.05
Allowances
RULE 25
RECEIVERS
25.01
Application for receiver and injunction
25.02
Giving of security by receiver
25.03
Remuneration of receiver
25.04
Receiver's accounts
25.05
Default by receiver
RULE 26
SALES BY THE COURT
I. Sales in Mortgage Proceedings
26.01
Sale
of mortgaged property on default
26.02
Order for amount due on mortgage
26.03
Order for deficiency
26.04
Order for distribution of surplus
26.05
Foreclosure of subsequent mortgagee
26.06
Payment of amount due on mortgagee
II. Sales: General
26.07
Power to order sale, etc. of property
26.08
Power to order sale in debenture holders' proceeding
26.09
Manner of carrying out sale
26.10
Report of result of sale
26.11
Mortgage, exchange, partition, etc., under order of Court
RULE 27
RECOVERY ORDERS
27.01
Application for an interlocutory order
27.02
Affidavit in support of interlocutory recovery order
27.03
Bond in support of interlocutory recovery order
27.04
Recovery order
27.05
Sheriff's duty under interlocutory recovery order
27.06
Retention or repossession of property taken under an interlocutory recovery order
27.07
Recovery of shares, bonds, etc., of a body corporate
27.08
Remedies of any party or person in relation to an interlocutory recovery order
27.09
Sale
or other disposition of property by Court
27.10
Recovery of unique property
27.11
Disclosure
27.12
Final judgment in the proceeding
27.13
Application for a final recovery order
27.14
Granting, etc., of recovery order on holiday
RULE 28
ATTACHMENT ORDERS
28.
Rep. by 69/97 s2
RULE 29
APPLICATIONS
29.01
Applications
29.02
Form, filing and issue of application
29.03
Place of hearing of application
29.04
Ex parte applications
29.05
Service of application
29.06
Service of other affidavits
29.07
Counterclaims and third party proceedings
29.08
Filing of documents for use of the Court
29.09
Evidence on hearing of application
29.10
Powers of court on hearing of application
29.11
Proceeding in absence of party failing to attend
29.12
Failure to prosecute application, etc., with dispatch
29.13
Setting aside order
29.14
Order for separate hearings
29.15
Filing of documents
29.16
Record of applications
29.17
Rep. by 111/10 s8
29.18
Application of rules to applications
RULE 30
EXAMINATION FOR DISCOVERY
30.01
Persons who may be examined
30.02
Time of examination
30.03
Examiner
30.04
Notice of examination and attendance fee
30.05
Examination out of the jurisdiction
30.06
Reporting
30.07
Examination and re-examination
30.08
Scope of Examination
30A.08
Correcting answers
30.09
Exhibits
30.10
Production of books, papers or documents
30.11
Objections and rulings of examiner
30.12
Delivery of depositions
30.13
Use of depositions as evidence
30.14
Penalty for refusal to attend, etc.
30.15
Order to terminate or limit examination
30.16
Costs
RULE 31
INTERROGATORIES
31.01
Interrogatories to parties or persons
31.02
Form, number, etc. of interrogatories
31.03
Answer to interrogatories
31.04
Insufficient answer
31.05
Failure to comply with order
31.06
Use of answers to interrogatories at trial
31.07
Revocation and variation of orders
RULE 32
DISCOVERY AND INSPECTION OF DOCUMENTS
32.01
List of documents: exchange
32.02
Order for discovery of documents, etc.
32.03
Order for affidavit as to possession or custody of documents
32.04
Admission and production of documents in list of documents
32.05
Inspection of documents
32.06
Production of documents on trial or hearing
32.07
Order for production of documents
32.08
Production of business books
32.09
Newly discovered documents
32.10
Failure to comply with requirements for discovery, etc.
32.11
Revocation and variation of orders
RULE 33
ADMISSIONS
33.01
Voluntary admissions
33.02
Notice to admit facts or documents
33.03
Judgment on admission of facts or documents
33.04
Costs on refusal to admit
33.05
Action on bill of exchange
RULE 34
MEDICAL EXAMINATION
34.01
Order for examination
34.02
Scope of examination
34.03
Persons in attendance at examination
34.04
Medical reports
34.05
Use of medical reports on a trial or hearing
34.06
Penalty for failure to be examined etc.
RULE 35
COURT EXPERTS
35.01
Appointment of expert to report on certain questions
35.02
Report of court expert
35.03
Cross-examination of court expert
35.04
Remuneration of court expert
35.05
Calling of expert witnesses
RULE 36
INSPECTIONS OF REAL AND PERSONAL PROPERTY, ETC.
36.01
Order for Inspection of real or personal property
RULE 37
SPECIAL CASES
37.01
Special case
37.02
Form of special case
37.03
Setting case down with leave
37.04
Court may draw inferences
37.05
Relief by agreement
RULE 37A
COURT ORDERED MEDIATION
37A.01
Definitions
37A.02
Purpose
37A.03
Court ordered mediation
37A.04
Procedure at mediation sessions
37A.05
Failure to attend and other non-compliance
37A.06
Results of mediation
37A.07
Costs of mediation
37A.08
Mediators fees
37A.09
Mediators list
37A.10
Exemption
RULE 38
ORDERS: PRE-TRIAL OR PRE-HEARING
38.01
Preliminary determination of questions of law, etc.
RULE 39
CONFERENCES GENERALLY
39.01
Application of this rule
39.02
Setting down conferences
39.03
General powers
39.04
Attendance
39.05
Conference procedures
39.06
Discussions are without prejudice
39.07
Remote conferencing
39.08
Agreement on issues
39.09
Settlement
39.10
Consequences of failing to file documents
39.11
Consequences of failure to attend
conference or lack of preparedness
RULE 39A
PRE-TRIAL CONFERENCES
39A.01
Purpose of pre-trial conferences
39A.02
How to get a mater on the pre-trial list
39A.03
Documents to be filed before pre-trial conferences
39A.04
Disposition of pre-trial conference
39A.05
Report of the pre-trial conference
39A.06
Disposition of settlement conference
RULE 39B
SETTLEMENT CONFERENCES
39B.01
Purpose of settlement conferences
39B.02
How to get a matter on the Settlement Conference List
39B.03
Documents to be filed before settlement conferences
39B.04
Communications during a settlement conference
39B.05
Disposition of settlement conference
39B.06
Not precluded from being trial judge
RULE 39C
MINI-TRIALS
39C.01
Purpose of mini-trials
39C.02
General power
39C.03
Materials used during mini-trial
39C.04
Communications at mini-trial
39C.05
Mini-trail judge shall not preside at the trial
RULE 40
PLACE AND MODE OF TRIAL AND SETTING DOWN
40.01
Application and interpretation
40.02
Place of trial
40.03
Setting down for trial- trials of 5 days or fewer
40.04
Setting down for trial - General
40.05
Application where no Certificate of Readiness
40.06
Setting down for trial
40.07
Settlement
40.08
Consequences of setting down
40.09
Publication of General List
40.10
Brief for trial judge
40.11
Dismissal for want of prosecution
40.12
Notification of change in status
40.13
Order for separate trials, etc.
40.14
General powers
40.15
Transition
RULE 41
TRIAL SITTINGS
41.01
Dates and places of sittings
41.02
Right of court to extend sittings
RULE 42
TRIAL PROCEDURES
42.01
Failure of all or any party to attend at trial
42.02
Adjournment of trial
42.03
Change of place of trial
42.04
Order of speeches
42.05
Inspection by Court
42.06
Exclusion of witnesses, etc.
42.07
Death of party before giving the decision
42.08
Right of defendant to move for dismissal
42.09
Judgment
42.10
Record of trial
42.11
Exhibits
42.12
Impounded documents
42.13
Trial with jury
RULE 43
TRIALS BEFORE AND INQUIRIES BY REFEREES
43.01
Trial or inquiry before a referee
43.02
Powers, etc. of a referee
43.03
Report of referee
43.04
Transfer from one referee to another
43.05
Assessment of damages or taking of account by referee
RULE 44
ASSESSMENT OF DAMAGES
44.01
Assessment of damages on a trial, etc.
44.02
Judgment entered by default against some but not all defendants
44.03
Assessment of damages to time of assessment
44.04
Assessment of value
44.05
Assessment of damages by jury
RULE 44A
ADVANCE
PAYMENT OF
DAMAGES
44A.01
Advance payment of damages
44A.02
Application
44A.03
Assessment of damages to time of assessment
44A.04
Assessment of value
44A.05
Advancement of payment not a full determination
44A.06
Multiple applications
44A.07
Notice to defendant
44A.08
Rule not exhaustive
RULE 45
TRIALS WITH JURY
45.01
Trial by jury
45.02
Roll call of jurors
45.03
Selection of jury
45.04
Communication to jury of payment into Court
45.05
Inspection by jury
45.06
Objections to a question at a trial with a jury
45.07
Assessment of damages by jury
45.08
Order of speeches
45.09
Answers of jury
45.10
Costs of trial by jury
RULE 46
EVIDENCE: TRIAL
46.01
Evidence by witnesses
46.02
Scope of examination and cross-examination of witnesses
46.03
Evidence by affidavit
46.04
Evidence of particular facts
46.05
Limitation of expert evidence
46.06
Limitation of plans, etc. in evidence
46.07
Expert witness; evidence of and report
46.08
Proof of any fact or document subsequent to trial
46.09
General power of Court regarding evidence
46.10
Revocation or variation of orders made under foregoing rules
46.11
Depositions: when receivable in evidence at trial
46.12
Use of evidence obtained on discovery
46.13
Use of evidence taken in another proceeding
46.14
Limitations on admissibility of documents
46.15
Documents received in evidence under The Evidence Act
46.16
Evidence of consent of new trustee to act
46.17
Service of notice
46.18
Evidence at trial may be used at any subsequent stage of the proceeding
46.19
Order to produce documents at a trial
46.20
Objections to questions
46.21
Interpreters
46.22
Determination of foreign law
46.23
Subpoena
46.24
Amendment of a subpoena
46.25
Service of a subpoena
46.26
Duration of subpoena
46.27
Subpoena of opposing party
46.28
Failure to obey subpoena
46.29
Application to trials of issues, references, etc.
RULE 47
EVIDENCE BY DEPOSITION
47.01
Power to order deposition to be taken
47.02
Letter of request
47.03
Enforcing attendance of persons at examination
47.04
Appointment of time and place for examination
47.05
Conduct of examination
47.06
Examination of additional persons
47.07
Objection to questions
47.08
Production of documents
47.09
Taking of depositions
47.10
Special report by examiner
47.11
Transfer of examination
47.12
Use of deposition in evidence
47.13
Order for further examination
47.14
Order for payment of examiners fees
47.15
Depositions before proceeding commenced
RULE 47A
ELECTRONIC CONFERENCING
47A.01
Definitions
47A.02
Appearing remotely without prior Court permission
47A.03
Appearing remotely with the permission of the Court
47A.04
Factors to consider
47A.05
Discretion of the court
47A.06
Costs of conferencing
RULE 48
AFFIDAVITS
48.01
Form of Affidavits
48.02
Contents of Affidavit
48.03
Exhibits
48.04
Affidavit by two or more deponents
48.05
Affidavit of body corporate or partnership
48.06
Affidavit by illiterate or blind person
48.07
Interpreter
48.08
Alterations in affidavits
48.09
Service and filing of affidavits
48.10
Cross-examination of deponent of an affidavit
48.11
Scandalous, etc., matter in affidavit
48.12
Use of defective affidavit
48.13
Proof of signature and seal of functionary taking affidavit
48.14
Use of affidavit in subsequent applications
48.15
Filing of affidavits
RULE 49
ORDERS
49.01
Form of order
49.02
Order requiring an act to be done, etc.
49.03
Drawing up of order
49.04
Settlement of form and entry of order
49.05
Orders made by the Registrar
49.06
Date on which order takes effect
49.07
Costs
49.08
Default and summary judgments
49.09
Conditional order
49.10
Amendment of orders
49.11
Satisfaction of judgment
49.12
Appeals from orders
49.13
Service of order on person not a party
49.14
Powers on hearing of an application
49.15
Order requiring deed or document to be settled
49.16
Advertising for creditors and other claimants
49.17
Examination of claims
49.18
Adjudication of claims
49.19
Certificate of judgment of Supreme Court of Canada
49.20
Judgments under the Canada and the United Kingdom Reciprocal Recognition and Enforcement of Judgments Act
RULE 50
ENFORCEMENT OF ORDERS: GENERAL
50.01
Enforcement of order for the payment or recovery of money
50.02
Enforcement of order for possession of real or personal property
50.03
Enforcement of an order to do or abstain from doing an act
50.04
Where leave to issue orders necessary
50.05
Duration of orders
50.06
Rep. by 69/97 s3
50.07
Execution by or against a person not a party
50.08
Waiver of conditional judgment or order
50.09
Stay of execution for matter occurring after entry of judgment or order
RULE 51
EXECUTION
51.01
Money in Court
51.02
Wrongful execution
RULE 52
RECEIVERSHIP ORDERS
52.01
Application of Rule 50
52.02
Appointment of a receiver to enforce a judgment or order
52.03
Powers of a receiver
52.04
Summary application to the Court
52.05
Costs
RULE 53
CONTEMPT ORDER
53.01
Power to grant contempt order
53.02
Application for leave to apply for a contempt order
53.03
Power of court to order person to appear in court
53.04
Hearing of an application for a contempt order
53.05
The contempt order
53.06
Contempt by a body corporate
53.07
Contempt by a person not a party
53.08
Variation of contempt order
RULE 53A
STAY
53A.01
Notice of appeal not a stay
53A.02
Judge on aplication may stay an order
53A.03
Interest not precluded by order of stay
53A.04
Terms of order
53A.05
Rule applies to execution of judgments
RULE 54
CROWN PRACTICE RULES IN CIVIL MATTERS
54.01
Rules to apply
54.02
Order, not writ, shall issue
54.03
Service of originating application
54.04
Appeals
54.05
Power of a judge of the Court of Appeal
I. Certiorari
54.06
Filing and service of application
54.07
Endorsement on originating application
54.08
Return of lower court
II. Quo Warranto
54.09
Application of Rules
54.10
Leave of court required
54.11
Objection to title to be specific
54.12
Substitution or relator
54.13
Consolidation of applications
54.14
Disclaimer
III. Mandamus
54.15
Affidavit of prosecutor
54.16
Mandamus issued by the Court
54.17
Effect of order
RULE 55
COSTS
I. Party and Party Costs: General
55.01
Definition
55.02
Costs in discretion of Court
55.03
When costs follow the event or are determined by the rules
55.04
Party and party costs
55.05
Costs on interlocutory applications
55.06
Costs of a proceeding transferred to the Supreme Court
55.07
Costs on appeal
55.08
Costs when application abandoned
55.09
Costs agreed on settlement
55.10
Costs of a person under disability
55.11
Costs of trustee, personal representative or mortgagee
55.12
Costs of member of class represented by own solicitor
55.13
Costs of several proceedings on one bond, etc.
55.14
Costs arising from misconduct or neglect
II. Solicitor and Client Costs: General
55.15
Costs to be reasonable
55.16
Fee agreement
< 55.17
Contingent fee agreement must be in writing
55.18
Review of agreement by taxing officer or Court
55.19
Void provisions in agreement
55.20
Death or incapacity of a solicitor
55.21
Costs payable out of trust funds
55.22
Payment in advance or security taken
55.23
Charging property for fees
55.24
Proceeding for costs
III. Taxation of Costs
55.25
Appointment for taxation
55.26
Production of bill of costs by other parties
55.27
Proof of disbursements
55.28
Failure to attend on taxation, etc.
55.29
Powers of taxing officer
55.30
Disallowance of costs by taxing officer
55.31
Costs against fund or estate
55.32
Certificate of taxing officer
55.33
Enforcement of costs
55.34
Special allowances
IV. Appeals from Taxation
55.35
Time and contents of appeal
55.36
Appeal confined to items specified
55.37
Powers of judge on appeal
55.38
Amendment of execution order
Appendix
PART II
PROBATE
RULE 56
PROBATE, ADMINISTRATION AND GUARDIANSHIP RULES
56.01
Priority of right to grant of probate or administration, with will annexed
56.02
Priority of right to grant of administration
56.03
Persons to whom grant may be made
56.04
Notice of Application
56.04A
Caveat
56.05
Form of application
56.06
Contents of application
56.07
Additional contents of application where deceased died testate
56.08
Form of jurat and supporting affidavits
56.09
Will, how marked
56.10
Inventory
56.11
Proof of will
56.12
Translation of will not in English
56.13
Grant of double probate
56.14
Grant of administration d.b.n.
56.15
Direction to omit interlineation, etc.
56.16
Grant where words erased, etc.
56.17
Grants to be sealed and signed by Registrar
56.18
Production of document relating to will
56.19
Proof in solemn form
56.20
Resealing
56.21
Bonds
56.22
Application to dispense with bond
56.23
Who may institute proceedings on bond
56.24
Letters of Guardianship
56.25
Accounts
56.26
Application for appointment and directions
56.27
Order for passing accounts
56.28
Dispensing with accounting: Depositing inventory and accounts
56.29
Filing of releases
56.30
Acts Book
56.31
Endorsements on all grants
56.32
Furnishing of copies by Court
56.33
Administration Forms
56.34
Application
56.35
Electronic filing
56.36
Approval of the registrar
56.37
Original of will etc.
PART II.1
FAMILY LAW PROCEEDINGS
[Rep. by 11/17]
PART III
APPEALS
RULE 57
CIVIL APPEALS
COURT OF APPEAL
57.01
Definitions
57.02
Leave to appeal
57.03
Appeals
57.04
Tribunal Appeals
57.05
Extension of Time
57.06
Transcripts
57.01.1
Alternative to transcript
57.07
Form of Notice of Appeal
57.08
Notice of Intention to Participate
57.09
Cross-appeal
57.10
Stay
57.11
Applications Respecting Initiation of Appeal
57.12
Directions to Clerk of Trial Court
57.13
Security for Costs
57.14
Appeal books
57.15
Factums
57.16
Form of Factum
57.17
Application to Strike Out or Dismiss
57.18
Application to Set Time for Hearing, etc.
57.19
Discontinuance
57.20
Striking Out and Deemed Abandonment of Appeals
57.21
Evidence
57.22
Prehearing Conferences
57.23
Powers of the Court
57.24
Sessions of the Court
57.25
Delivery of Judgment
57.26
Consent Judgment
57.27
Formal Order
57.28
Disposition of Files, etc.
57.29
Entry of Orders by Registrar
57.30
Interlocutory Applications to the Court
57.31
Miscellaneous Powers
RULE 58
CIVIL APPEALS - TRIAL DIVISION (GENERAL)
58.01
Definitions
58.02
Scope of rule
58.03
How to start an appeal (where leave required)
58.04
How to start an appeal (where no leave required)
58.05
Participation in the appeal
58.06
How to stay a decision being appealed
58.07
How to raise additional issues (cross-appeals)
58.08
Security for costs
58.09
Decision-making authority must file record
58.10
Transcript - Obtaining and serving on parties
58.11
Appeal brief required
58.12
Striking out a notice of appeal or dismissing an appeal
58.13
Resolving pre/post hearing issues
58.14
Setting a hearing date
58.15
Deemed abandonment of an appeal after one year
58.16
Additional evidence on appeal
58.17
Hearing of the appeal
RULE 59
THE REGISTRAR'S COMPENSATION RULE
[Rep. by 36/14 s101]
PART IV
TRIAL DIVISION FAMILY RULES
Section 1 - How to Refer to this Part, What Proceedings this Part Applies to, and How to Interpret this Part
F1
Reference, Application, and Interpretation
Section 2 - Access to the Court and Confidentiality
F2
Access to Court Records
F3
Access to Proceedings
F3A
Interpreters
Section 3 - How to Start or Respond to a Proceeding
F4
How to Start a Proceeding
F5
How to Apply to Vary a Final Order
F6
How to Respond to an Originating Application or an Originating Application for Variation
F7
How to Reply to a Response
F8
Providing Notice and Serving Documents on Other Parties or Persons
Section 4 - How to Get Information for your Case
F9
General Rules Relating to Exchanging Information and Documents
F10
Disclosure Requirements
F11
Getting Additional Information
F12
Expert Reports
F13
Investigations and Reports Ordered by a Judge
Section 5 - Court Assistance in Managing your Case
F14
Case Management
Section 6 - Resolving Issues in an Ongoing Proceeding (Making Interim Applications)
F15
General Rules Applicable to Interim Applications
F16
Interim Applications without Notice for a Procedural Order
F17
Emergency Interim Applications (Getting a Temporary Order)
F18
Interim Applications with Notice
F19
Varying an Interim Order before a Final Order is made
Section 7 - Facilitated Resolution of Claims
F20
Responsibility of Parties
F21
Confidentiality and Use of Information in Dispute Resolution
F22
Family Justice Services
F23
Offers to Settle
F24
Court
Ordered Mediation
F25
Settlement Conferences
Section 8 - Resolving Claims without a Trial
F25A
Discontinuance and Withdrawal
F26
Uncontested Proceedings
F27
Pre-Trial Determination of Question of Fact or Law
F28
Summary Judgment
Section 9 - Trial Procedure
F29
How to Get a Trial Date
F30
Trial Readiness Conferences
F31
Informal Trial
F32
Evidence and Affidavits
Section 10 - Costs, Orders, Judgments, and Enforcement
F33
Costs
F34
Orders, Judgments, and Enforcement
Section 11 - Special Rules Applicable to Certain Types of Proceedings
F35
Interjurisdictional Support Proceedings - Divorce Act
F36
Interjurisdictional Support Orders
F37
Child Protection Proceedings
F37A
Adult Protection Proceedings
F38
Applications for the Return of a Child under the Hague Convention on International Child Abduction
F39
Review of Emergency Protection Orders made under the Family Homes on Reserves and Matrimonial Interests or Rights Act
Section 12 - General Rules
F40
Court
Administration
F41
Appearing Remotely