This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 1997 Small Claims Rules (Filed May
21, 1997) Under the
authority of section 7 of the Small
Claims Act, the Rules Committee makes the following rules. Dated
at Donald S.
Luther
Kenneth
Templeton Mary J.
(McCarthy) Mandville RULES TABLES OF
CONTENTS RULE 1
- SHORT TITLE RULE 2
- DEFINITIONS RULE 3
- MAKING A CLAIM RULE 4
- SERVING THE STATEMENT OF CLAIM RULE 5
- REPLYING TO A CLAIM RULE 6
- MAKING A CLAIM AGAINST A PLAINTIFF RULE 7
- THIRD PARTIES RULE 8
- WHERE A DEFENDANT DOES NOT REPLY TO A CLAIM RULE 9
- DOCUMENTS THAT SHALL BE SERVED RULE 10
- SETTLEMENT CONFERENCE RULE 11
- CHANGING OR WITHDRAWING A STATEMENT OF RULE 12
- WITNESSES RULE 13
- TRIAL RULE 14
- OFFER TO SETTLE RULE 15
- PAYMENT OF THE JUDGMENT RULE 16
- PAYMENT HEARING RULE 17
- WARRANT OF RULE 18
- WHERE A WARRANT OF IMPRISONMENT IS ISSUED RULE 19
- APPLICATIONS TO THE COURT RULE 20
- GENERAL RULE 21
- RULES ABOUT SERVICE OF DOCUMENTS RULE 22
- PROVING SERVICE RULE 23
- CONTEMPT RULE 24
- COSTS, FEES RULE 25
- USE OF FORMS RULE 26
- REPEAL SCHEDULE
- FEES RULE 1 SHORT
TITLE These rules may be cited as the Small Claims Rules. RULE 2 DEFINITIONS In these rules (a) "Act"
means the Small Claims Act; (b) "articled clerk" means a student as defined in the Law Society Act; (c) "court" means the Provincial Court of Newfoundland or a (d) "creditor" means a person who, by order of the court, a
debtor is required to pay; (e) "debtor" means a person who, by order of the court, is required
to pay a creditor; (f) "defendant" means a person
against whom a claim is made; (g) "judge" means a judge of the court appointed under the (h) "lawyer" means a member as defined in the Law Society Act; (i) "next friend" means a person
approved by the court who acts in a matter on behalf of a minor; (j) "peace officer" means a member of the Royal Newfoundland
Constabulary, a member of the Royal Canadian Mounted Police, or the High
Sheriff, a sub-sheriff, a deputy sheriff or a bailiff appointed under the Sheriff's Act, 1991; and (k) "plaintiff" means a person who is making the claim. RULE 3 MAKING A
CLAIM Completing a statement of claim (1) To
make a claim a person shall complete a statement of claim following the
instructions on Form 1. Filing a statement of claim (2) A
plaintiff shall file a statement of claim and pay the required fee at the court
nearest to where (a) the transaction or event that resulted in the claim took
place; (b) the plaintiff lives or carries on business; or (c) the defendant lives or carries on business. Claim against more than one defendant (3) A
plaintiff may name more than one defendant in a statement of claim where the
claim against each defendant is related to or connected with the original subject
matter of the claim. Claim is for more than $3,000 (4) A
plaintiff who has a claim amounting to more than $3,000 may abandon that part
of the claim in excess of $3,000. Abandoning part of a claim (5) To
abandon part of a claim, a plaintiff shall state on the statement of claim that
the amount over $3,000 is abandoned. Effect of abandoning part of a claim (6) A
plaintiff who abandons part of a claim may not at any time sue for the
abandoned part of the claim, unless the whole of the claim is withdrawn under
rule 6(10) and then the claim is pursued in the Trial Division. Motor vehicle collision claim (7) A
plaintiff whose claim is based on damage to his or her vehicle, resulting from
a motor vehicle accident, shall attach to his or her statement of claim either
an itemized estimate of damage from a qualified mechanic or a receipt for
repairs completed by a qualified mechanic. Judge may refuse all or part of a claim (8) A
judge may refuse to accept an itemized estimate of damage, or may refuse full recovery
of a claim based on a receipt submitted under rule 3(7). Claim against a person who is deceased (9) A
plaintiff making a claim against a deceased person shall contact the Estates
Office of the Supreme Court of Newfoundland to determine whether or not a
representative of the estate has been appointed. Deceased Person's Estate has a representative (10) Where
a representative of an estate has been appointed, a claim against the deceased
person shall be made against the appointed representative, and the statement of
claim shall state that the claim is made against the representative as the
representative of the deceased person. No representative of a deceased person's estate
appointed (11) Where,
a representative of a deceased person's estate has not been appointed, a
plaintiff shall apply, under the Rules of
Supreme Court, 1986, to have a representative appointed before proceeding
with a claim under these rules. RULE 4 SERVING
THE STATEMENT OF CLAIM Who shall be served and what documents shall be
served? (1) The
plaintiff shall serve, in the manner set out in rule 21, each defendant named
in the statement of claim with (a) the defendants copy of the statement of claim; and (b) a blank reply in Form 2. Time limit for service (2) Where
a statement of claim has not been served within 12 months after it was issued
by the court it expires, but the plaintiff may apply to have it renewed under
rule 19(3). Service of a statement of claim where individual
is outside the province (3) A
statement of claim may be served on an individual outside the province where (a) the individual normally resides in the province; (b) the transaction or event that resulted in the claim took
place in the province; or (c) the court gives permission under rule 19(3). Time limits on a statement of claim served
outside the province (4) Before
a statement of claim is served outside the province, the plaintiff shall write
the time limit for filing a reply from outside the province on the statement of
claim as set out in rule 5(5) and file a copy, with that time limit on the
statement of claim, at the court. Where there is difficulty finding a
defendant (5) Where
a statement of claim cannot be served, the plaintiff may apply to the court
under rule 19(3) who may (a) permit another method of service to be used; and (b) set the time limit for filing a reply. When another service method is permitted (6) Where
another method of service is permitted, a copy of the court order shall be
served with the statement of claim unless the court (a) orders otherwise; or (b) orders notice to be given by advertisement. Effect of using another service method (7) A
statement of claim that is served as permitted by a court order is validly
served. Notice by advertisement (8) Where
the court permits notice to be given by advertisement, the party who obtained
the order shall pay for the advertisement. RULE 5 REPLYING
TO A CLAIM What are a defendants
options upon receipt of statement of claim? (1) A
defendant who receives a statement of claim may take one or more of the
following actions: (a) pay the amount claimed directly to the plaintiff and ask the
plaintiff to withdraw the claim under rule 11; (b) admit all or part of the claim; (c) admit all or part of the claim and propose a payment schedule
following the requirements of rule 15; (d) oppose all or part of the claim by listing reasons why the
claim is opposed; (e) make a counterclaim against the plaintiff under rule 6; (f) apply to transfer the proceeding as set
out in rule 5(6); and (g) make a claim against a third party under rule 7. How does a defendant reply? (2) A
defendant who intends on taking an action under rule 5(1)(b)
to (g) shall complete a reply in Form 2. Where does a defendant file a reply? (3) A
defendant shall file a reply at the court where the statement of claim was
filed. Who shall the defendant serve a reply on? (4) A
defendant shall serve a copy of the reply on all parties named in the statement
of claim in the manner set out in rule 21. Time for replying (5) A
reply to a statement of claim shall be filed by a defendant (a) within 10 days after service, where the defendant was served
in the province, or within 30 days after service where the defendant was served
outside the province; and (b) before the court has made a default order or set a date for
a hearing. Transfer to another court (6) Where
a defendant resides a considerable distance from the court where the statement
of claim was issued, and the defendant has outlined in his or her reply a
defence that is more than a bare denial, the defendant may apply to the court
under rule 19(2)(f) to have the case transferred to a
court near where the defendant resides, where the defendant can satisfy the
court that there is a reason for the transfer. Where the defendant admits all or part of a claim
in the reply (7) Where
a defendant admits all or part of the claim in a reply and proposes a payment
schedule, that defendant shall serve a copy of the reply with the section
entitled "Agreement with claim" completed. How plaintiff can accept admission (8) Before
the settlement conference, a plaintiff may accept an admission in full
settlement of a claim by applying to the court in Form 17 for a judgment in the
same terms as the defendant's admission. Where the defendant does not propose a payment
schedule (9) Where
a plaintiff accepts the admission of a defendant, but the defendant has not
proposed how the amount owed shall be paid, the plaintiff may apply to the
court for a judgment, and follow the steps set out in rule 15 to enforce the
judgment including requesting a payment hearing to determine how the money will
be paid. Where the defendant is the Crown (10) A
default judgment shall not be issued against the Crown except in accordance
with subsection 19(2) of the Proceeding Against the Crown Act. RULE 6 MAKING A
CLAIM AGAINST A PLAINTIFF What is a counterclaim? (1) A
counterclaim is a claim made by a defendant against a plaintiff that can be
conveniently tried at the same time as the plaintiff's claim, and includes a
set-off. Making a counterclaim (2) A
defendant may make a counterclaim against a plaintiff in the reply following
the instructions on Form 2. Serving a counterclaim (3) A
defendant shall serve a counterclaim which is contained in the reply on all
parties named in the statement of claim in the manner set out in rule 21. Where a plaintiff receives a reply that makes a
counterclaim (4) A
plaintiff who receives a reply which makes a counterclaim may take one or more
of the following actions: (a) pay the amount of the counterclaim directly to the defendant
and ask the defendant to withdraw the counterclaim; (b) admit all or part of the counterclaim; (c) admit all or part of the counterclaim and propose a payment
schedule under rule 15; and (d) oppose all or part of the claim by listing reasons why the
claim is opposed. Where a counterclaim is for more than $3,000 (5) A
defendant who has a counterclaim amounting to more than $3,000,
may (a) abandon part of the counterclaim so it may be heard in the
court; or (b) begin an action in the Trial Division. How to abandon part of a counterclaim (6) To
abandon part of a counterclaim, the defendant shall state on the counterclaim
part of the reply that the amount over $3,000 is abandoned. The effect of abandoning part of a counterclaim (7) A
defendant who abandons part of a counterclaim may not at any time sue for that
part. Where a defendant begins a Trial Division action (8) A
defendant who begins an action in the Trial Division against a plaintiff may
apply to a Where the small claims trial is held first (9) Where
the small claims trial is held and a judgment is entered or other order is made
against the defendant, the judge may order the plaintiff not to take any action
to enforce the judgment or order (a) until a date set by the judge; or (b) until a decision is given by the Trial Division on the defendants
action, whichever
comes first. Where a plaintiff has already abandoned part of a
claim (10) Where
a defendant begins an action in the Trial Division against a plaintiff who has
abandoned part of a claim under rule 3(5), the plaintiff may withdraw the claim
from the court, and (a) begin an action in the Trial Division and claim the higher
amount; or (b) participate in the action begun by the defendant in the
Trial Division and claim the higher amount. RULE 7 THIRD
PARTIES Where a defendant thinks someone else is liable
to pay the claim (1) Where
a defendant who has filed a reply thinks another person is liable to pay all or
part of the claim, the defendant may make a claim against the other person by: (a) completing
a third party notice following the instructions on Form 3, where the settlement
conference has not been held; or (b) applying to a judge under rule 19(3) for an order permitting
a claim to be made against the other person where the settlement conference has
been held. Filing a third party notice (2) A
defendant shall file a third party notice at the court where the statement of
claim was filed. What documents shall be served? (3) The
defendant shall serve, in the manner set out in rule 21, a person named as the
third party with the following: (a) a copy of the third party notice; (b) a blank reply in Form 2; (c) a copy of the statement of claim; (d) a copy of the reply to the statement of claim; and (e) a copy of the notice of settlement conference or trial,
where one has been issued. How to serve the third party (4) A
defendant shall serve the documents referred to in rule 7(3) on a third party
in the same way as required for service of a statement of claim under rule 21. Filing a certificate of service (5) Within
21 days after filing a third party notice, the defendant shall file a
certificate of service in Form 4 at the court to prove that the documents have
been served as required, unless the third party has filed a reply. Where the certificate of service is not filed
within 21 days (6) Where
a defendant does not file a certificate of service as required under rule 7(5),
the third party notice shall expire, unless renewed for a further 21 days by
the court upon the application of the defendant, under rule 19(3). Notifying the other parties (7) A
defendant shall serve a copy of the third party notice on each of the other
parties within 21 days after it is filed in the manner set out in rule 21. How a third party replies (8) To
reply to a third party notice, the person named as a third party shall follow
the rules for replying to a claim under rule 5. What a judge may do (9) Where
a third party has been named, a judge may make an order involving any of the
parties. Another settlement conference shall be held (10) Where
a third party files a reply after a settlement conference another settlement
conference shall be held, unless a judge orders otherwise. RULE 8 WHERE A
DEFENDANT DOES NOT REPLY TO A CLAIM A plaintiff may ask for a default judgment (1) Where
a defendant does not file a reply within the time limit under rule 5(5), the
plaintiff may ask the court for a default judgment. Judges permission needed in certain cases (2) A
default judgment shall not be made on a counterclaim or third party notice,
except under rule 19(2)(j). How to ask for a default judgment (3) To
ask for a default judgment under rule 8(1), a plaintiff shall complete Form 5
following the instructions on the form, and file it at the court where the
statement of claim was filed, together with a copy of the certificate of
service for the statement of claim. What the court may do when a plaintiff asks for a
default judgment (4) Where
a plaintiff completes the steps in rule 8(3), a court may (a) enter a default judgment where he or she is satisfied that
there is sufficient proof; or (b) set a date for a plaintiff to prove a claim or argue for a
remedy. What is included in a default judgment (5) A
default judgment shall require a defendant to pay the amount claimed plus
amounts expended for filing and service of documents as allowed under rule 24. Where there are other defendants (6) Where
another defendant has filed a reply and a date is set for a settlement
conference or trial of the claim, the hearing shall be held at that time,
unless a judge orders otherwise. No notice of hearing (7) A
defendant who has not filed a reply is not entitled to receive notice of a
hearing under this rule. A defendant loses the right to reply (8) After
a date is set for a hearing under this rule, a defendant may not file a reply
without the permission of a judge under rule 19(3). Result of hearing (9) After
hearing the plaintiff, the judge may, (a) where
the claim is for money, make a default judgment that requires the defendant to
pay the amount determined by the judge plus expenses under rule 24 and any
interest the plaintiff is entitled to; and (b) in any other case, make the appropriate order. Where a plaintiff does not attend (10) Where
a plaintiff does not attend at the time set for a hearing under this rule, the
judge may cancel the hearing, but the plaintiff may ask the court to reschedule
it. How payment may be collected (11) The
creditor may collect payment under the default judgment in accordance with rule
15. RULE 9 DOCUMENTS
THAT SHALL BE SERVED What should be filed with the court (1) Where
a claim has been scheduled for a trial, application or settlement conference,
the parties to that claim shall file with the court a list of documents,
without copies of those documents, that the party is
going to use in the trial, application or settlement conference. When should documents be served? (2) A
list of documents and a copy of each document shall be served, in the manner
set out in rule 21, on the other party at least 3 days before a trial,
application or settlement conference unless rule 13 provides otherwise. Privileged or inadmissible documents (3) Where
there is a reason that the document should not have to be produced because it
is privileged or is not admissible in court the party claiming privilege or
inadmissibility, shall state this on his or her list of documents. Can the court order a party to file documents? (4) Where
a party does not file their list of documents with the court and serve copies
on the other parties named in the statement of claim in the manner set out in
rule 21, the court may order that party to do so. Changing the list of documents (5) Where
a party has filed and served his or her list of documents and realized the list
was not correct or was incomplete, that party shall file another list and
provide the other party with copies of the documents not included in his or her
first list. What happens if a party does not file
the list of documents or serve the list and documents on the other party? (6) Where
a party does not file his or her list of documents and serve the list and
documents in the manner set out in rule 21 on the other party, the court may
make an order it considers just, including an order that the proceeding be
dismissed, or an order that the defence be struck and judgment entered. Can an order under this rule be changed? (7) An
order made under this rule may be withdrawn or changed by another order on the
terms that the court considers just. RULE 10 SETTLEMENT
CONFERENCE Settlement conference (1) Before
a trial date is set, a settlement conference shall be held at the time and place
set by the court, unless the court orders otherwise. Notice of settlement conference (2) The
court shall serve a notice of settlement conference on the parties at least 14
days before the date set for the settlement conference. Who shall attend? (3) All
parties to a claim shall attend the settlement conference. Where a representative attends a settlement
conference (4) A
party who is not a natural person, shall be
represented at a settlement conference by a person who has authority to settle
the claim. What each party shall bring (5) A
party to a claim shall bring to the settlement conference all documents and
reports that the party shall rely on at trial. Where the documents or reports are not ready (6) Where,
despite the best efforts of a party, a document or report cannot be brought to
a settlement conference, that party may apply to the court for an order
postponing the conference under rule 19(3) as long as the application is filed
at least 7 days before the date set for the conference. Expenses for attending settlement
conference unprepared (7) Where
a settlement conference cannot be conducted properly because a party is not
prepared for it, the judge may order that party to pay the reasonable expenses
of the other party or parties. How to change a settlement conference date (8) A
party may change a settlement conference date (a) with the prior consent of all parties, by contacting the
court to determine a suitable date; (b) by filing a consent to change the date under rule 19(1); or (c) by applying for an order changing the date of the settlement
conference under rule 19(3) at least 7 days before the date set for the
settlement conference, unless the court orders otherwise, and giving notice to
the other party as the court requires. Notice of change of date (9) Where
the date of the settlement conference is changed, the court shall notify the
parties of the place and time of the rescheduled conference. What happens at a settlement conference where a
judge presides? (10) At
a settlement conference where the person hearing the matter is a judge, the
judge may do one or more of the following: (a) facilitate settlement of the matter; (b) decide on issues that do not require evidence; (c) enter a judgment or make another appropriate order, in terms
agreed to by the parties, in accordance with rule 15; (d) set a trial date where a trial is necessary; (e) discuss evidence that shall be required and the procedure
that shall be followed where a trial is necessary; (f) order a party to produce any information
at the settlement conference or anything as evidence at the trial; (g) where damage to property is involved in the dispute, order a
party to permit a person chosen by another party to examine the property
damage; (h) adjourn the settlement conference and make an order for
examination of property or records or disclosure of evidence between the
parties to occur before the next settlement conference; (i) adjourn the settlement conference to
pursue further settlement discussions; and (j) make another order for the just, speedy
and inexpensive resolution of the claim. Different judge for trial (11) A
judge who presides over a settlement conference shall not hear the matter where
it proceeds to trial, unless the parties agree in writing to have that judge
preside at the trial. What happens at a settlement conference where a
person who is not a judge presides? (12) Where
the person hearing the matter is not a judge, that person who has been
designated by the chief provincial court judge (a) may do one or more of the following things: (i) facilitate settlement of the matter, (ii) decide on issues that do not require
evidence, (iii) set a trial date where a trial date is
necessary, (iv) discuss evidence that shall be required
and the procedure that shall be followed where a trial is necessary, (v) make recommendations to a judge to order a
party to produce any information at the settlement conference or anything as
evidence at the trial, and (vi) where damage to property is involved in
the dispute, make recommendation to a judge to order a party to permit a person
chosen by another party to examine the property damage; (b) shall
file a report with the court which may contain a question or issue arising for
the decision of the court, or make a statement of the facts from which the
court may draw inference it considers just; and (c) may recommend to a judge that an order be made. What happens to a report or recommendation
provided under rule 10(12)? (13) On
receipt of the report or recommendation referred to in rule 10(12), the judge
may (a) adopt a report or recommendation in whole or in part; (b) vary or reverse a report or recommendation; (c) require a supplemental report; (d) remit the report or any part of it for further consideration
to the same or another person designated by the chief judge; (e) decide a question or issue raised by the settlement conference
or the evidence taken at the settlement conference, with or without additional
evidence; (f) order the entry of the judgment based on
the report, recommendation or otherwise as he or she considers just, in accordance
with rule 15; or (g) enter judgment or make an order that he or she considers
just, in accordance with rule 15. Where a party does not comply with an order for
disclosure of evidence (14) Where
a party does not disclose evidence as required by a judges
order, a judge at the adjourned settlement conference or at the trial may do
one or more of the following: (a) grant an adjournment and order that the defaulting party pay
all the reasonable expenses of the other party or parties incurred as a result
of the adjournment; (b) order the matter to proceed without permitting the
defaulting party to produce the evidence at trial; (c) dismiss the claim, counterclaim, reply or third party notice
where the conduct of the defaulting party amounts to a refusal to comply with a
judge's order or to an abuse of the court's process. Where a judgment is entered (15) Where
judgment is entered at a settlement conference, rule 15 applies as though the
judgment was entered following a trial. Where a party does not attend (16) A
judge may dismiss a claim or enter a judgment or other appropriate order
against a party who does not attend a settlement conference. Notice of trial date (17) Where
a trial date is set at a settlement conference and a party is absent, the court
shall serve a notice of the trial date on that party unless the judge orders
otherwise. Where a party does not comply with a settlement
agreement (18) Where
either party does not comply with a settlement agreement other than a payment
schedule, either party may apply to the court for an appropriate remedy and the
court shall make an order that it considers just. RULE 11 CHANGING
OR WITHDRAWING A STATEMENT OF CLAIM OR REPLY OR OTHER DOCUMENT A filed document may be changed (1) Anything
in a statement of claim, reply or other document that has been filed by a party
may be changed by that party (a) without permission, before the settlement conference begins;
and (b) with the permission of a judge under rule 19(3), after the
beginning of a settlement conference. How to change a document (2) All
changes shall be underlined, initialled and dated on the revised document and,
where there is an order authorizing the change, the document shall contain a
reference to that order. Filing and serving a revised document (3) A
party who changes a filed document shall (a) file a copy of the revised document at the court; and (b) before taking any other step in the claim, serve in the manner
set out in rule 21, a copy of the revised document on each party to the claim
and the time period for reply to a revised statement of claim shall be as set
out in rule 5. Claim or counterclaim may be withdrawn (4) A
party may withdraw a claim, counterclaim, reply or third party notice at any
time. Notice of withdrawal (5) A
party who withdraws a claim, counterclaim, reply or third party notice shall
serve in the manner set out in rule 21, notice of the withdrawal on all parties
who were served with the claim, counterclaim, reply or third party notice and
file a copy of the notice with the court. Effect of withdrawing (6) A
party who withdraws a claim, counterclaim, reply or third party notice may not
proceed with it or file another notice with respect to the claim, counterclaim,
reply or third party notice. RULE 12 WITNESSES How a witness is told to attend court (1) To
require a witness to attend court, a party shall (a) complete a subpoena to a witness in Form 7; and (b) serve in the manner set out in rule 21, a copy of the subpoena
on the witness. Travelling expenses (2) At
the time the subpoena is served, the party subpoenaing the witness shall offer
the witness reasonable estimated travelling expenses and the required witness
fee as set out in the Schedule. Subpoena not always necessary (3) Where
a witness will attend court voluntarily, a subpoena is not necessary. What a witness served with a subpoena shall do (4) A
person who is served with a subpoena to witness shall (a) attend court at the time and place stated on the subpoena;
and (b) bring to court any records and other things required by the
subpoena. Subpoena may be cancelled (5) A
person who is served with a subpoena to witness may apply to a judge under rule
19(3) who may cancel the subpoena where (a) the person is not needed as a witness; or (b) it would be a hardship for the person to attend court as required
by the subpoena. Where a subpoena is cancelled (6) A
judge who cancels a subpoena to witness may make another order that the judge
considers just, including an order changing the date of a trial or other
hearing. Where a witness does not obey a subpoena (7) A
judge may issue a warrant for the arrest of a witness who does attend court as
required by a subpoena to witness where the judge is satisfied that (a) the subpoena was served on the witness; (b) reasonable travelling expenses and the required witness fee
were offered to the witness; (c) no just cause is shown for the failure of the witness to attend;
and (d) justice requires the presence of the witness. Cancellation of warrant (8) Where
a witness named in a warrant attends court voluntarily, the judge may cancel
the warrant. What the judge may do when witness appears (9) Where
a witness is brought to court under a warrant for arrest or attends
voluntarily, and the witness's evidence is still required, a judge may (a) release the witness on conditions set by the
judge; (b) order the witness to be detained until his or her presence
is no longer required; or (c) make any other order the judge considers just. RULE 13 TRIAL How evidence will be heard at a trial (1) A
judge may conduct a trial without complying with the formal rules of procedure
and in doing so may (a) ask the parties to explain their cases, to respond to each
other and to call witnesses; and (b) receive evidence in any other way the judge considers appropriate. Evidence to be sworn (2) All
oral evidence shall be given under oath or affirmation. Advance notice of expert evidence is required (3) A
party shall not call an expert to give evidence of the experts
opinion unless (a) that
party serves, in the manner set out in rule 21, a summary of the experts
evidence on all other parties at least 14 days before the expert is called to
give evidence; or (b) a judge grants permission. Expert's reports shall be given in advance (4) Instead
of calling an expert to give evidence, a party may introduce a report stating
opinions of an expert, where (a) the
party serves in the manner set out in rule 21, a copy of the report on all
other parties at least 14 days before the report is introduced; or (b) a judge grants permission. Expert's qualifications (5) A
statement of qualifications in an experts report is proof that the expert has
those qualifications unless there is evidence to the contrary. Experts may be called for cross-examination (6) A
party receiving another party's expert report may serve in the manner set out
in rule 21, on the other party, at least 7 days before the trial date, a notice
requiring the expert to attend the trial for cross-examination. Cost of calling other party's expert (7) Where
a judge determines that calling another party's expert was unnecessary, the
judge may order the party who required the expert to attend to pay the experts
expenses. Estimates (8) Repair
estimates and estimates of the value of property are not considered to be
expert evidence, but shall be served in the manner set out in rule 21, on all
other parties at least 14 days before trial unless a judge orders otherwise. Where a defendant does not attend (9) Where
a defendant or third party does not attend the trial, the judge may (a) allow the claim; and (b) enter judgment or make another appropriate order against
that defendant or third party. Where a plaintiff does not attend (10) Where
a plaintiff does not attend the trial, the judge may dismiss the claim. Judges decision after the trial (11) The
judge shall give a decision (a) in court orally at the end of the trial or on a later date;
or (b) in writing. Where the decision is given later (12) Where
a judges decision is to be given orally on a later
date, the court shall notify the parties of the date. When decision effective (13) A
judges written decision is effective on the date it is
filed at the court. RULE 14 OFFER TO
SETTLE Who can settle a claim? (1) A
party may offer to settle one or more claims by serving on the other party in
the manner set out in rule 21, an offer to settle in Form 8, and by filing a
copy with the court in a sealed envelope, marked, "OFFER TO SETTLE". What the offer includes (2) An
offer to settle for an amount of money includes interest, expenses under rule
24 and expenses a party has been awarded from a prior hearing in the same
action. When an offer may be made (3) An
offer to settle may be filed up to 7 days before the trial date or at a later
time where permitted by a judge under rule 19(6). How a party accepts an offer (4) The
party to whom the offer to settle is made, may accept the offer by serving in
the manner set out in rule 21, the acceptance of offer in Form 8 on the other
party and by filing a copy with the court anytime before the trial date. Judge may enter a judgment (5) Where
an acceptance of offer is filed within the time limited, a judge may enter a judgment
in the terms of acceptance. Where offer to settle rejected by plaintiff (6) The
trial judge may order a plaintiff to pay a penalty where the plaintiff does not
accept the offer to settle and is awarded at trial, including interest and all
expenses, the amount of the defendants offer or a lesser amount. Where offer to settle rejected by
defendant (7) The
trial judge may order a defendant to pay a penalty where the defendant does not
accept the offer to settle and the plaintiff is awarded at trial, including
interest and all expenses, the amount of the plaintiffs offer or a greater
amount. Amount of penalty (8) A
penalty given under rule 14(7) is in addition to any other expenses or
penalties, and may be up to 20% of the amount of the offer to settle. What the judge shall consider (9) In
determining the amount of a penalty, a judge shall consider (a) the difference between the amount awarded at trial and the
amount of the offer to settle; (b) the interest of the parties in proceeding to trial to determine
the credibility of a witness or point of law; and (c) the time when the offer was made. Disclosure to judge (10) All
offers to settle under this rule may be made available to the court, but shall
not be disclosed to the trial judge until after the trial judge has given a
final decision on the claim. Counterclaims and third party claims (11) This
rule applies to claims, counterclaims and third party claims. Multiple defendants (12) Where
several defendants are sued together, a plaintiff may not make an offer to
settle except jointly to all defendants and a defendant may not make an offer
to settle except jointly with all other defendants. Multiple plaintiffs (13) Where
there is more than one plaintiff, a separate offer to settle may be made by or
to a plaintiff. Third party claims (14) Where
an offer to settle made by a third party is accepted by a defendant, money
shall be paid into court by the third party and not paid directly to that
defendant, and that money shall not be taken out of court without a judges order or consent of all parties. Other offers to settle (15) Where
the time limited by this rule, or by a judges order, for offering and accepting
a settlement has past, an offer to settle may still be made but rule 14(6) and
(7) do not apply. Failure to comply with accepted offer (16) Where
a party to an accepted offer to settle fails to comply with the terms of the
offer, the other party may apply to a judge for a judgment in the terms of the
accepted offer under rule 19(3). RULE 15 PAYMENT OF
THE JUDGMENT Judgment (1) Judgment
shall be entered against a party, in favour of another party where (a) the judge decides at a trial that one party shall pay money
to the other party; (b) one party admits all or part of a claim under rule 5 or 6,
and the person making the claim has applied for a judgment; (c) a default judgment is entered under rule 8; or (d) one party has made an offer to settle under rule 14 and the
person making the claim has applied under rule 14(16) for a judgment. Registration of judgment (2) Where
a judge enters a judgment, the court shall register that judgment on the
enforcement registry with the Office of the High Sheriff. How may the judgment be collected? (3) A
judgment may be enforced (a) by an order under these rules for payment, including an order
that a judgment be paid in full; or (b) under the Judgment
Enforcement Act by contacting the Office of the High Sheriff. No order under these rules without an enforcement
registry report (4) A
judge shall not make an order to enforce a judgment under these rules unless
that judge has received a report from the enforcement registry in respect to
that debtor. What if the enforcement registry report says that
there is an instalment order against the debtor? (5) Where
a report from the enforcement registry says that an instalment order is in
place in respect to a debtor, a judge shall not make an order under these rules
to enforce a judgment in respect to that debtor, and a creditor may enforce his
or her judgment under the Judgment
Enforcement Act. What if the enforcement registry report says
there is no instalment order against the debtor? (6) Where
a report from the enforcement registry says that an instalment order is not in
place against a debtor, a judge may make an order under these rules to enforce
the judgment or the creditor may enforce his or her judgment under the Judgment Enforcement Act. Debtor may make a proposal for a payment schedule (7) Where
judgment is entered and no instalment order is in place, the judge may, after
judgment is entered, ask the debtor whether or not he or she requires time to
pay, and where the debtor states that he or she requires time to pay, the
debtor may propose a payment schedule. Creditor to be consulted about debtor's proposal (8) Where
a debtor makes a proposal to pay under rule 15(7), the judge shall ask the
creditor whether or not the creditor agrees with the debtor's proposal. Where the creditor agrees with debtor's proposal (9) Where
a creditor agrees with a debtor's proposal, the judge may order a payment
schedule requiring the debt to be paid by a set date or by instalments. Where creditor does not agree with debtor's
proposal (10) Where
a creditor does not agree with a debtor's proposal, the judge may (a) order a payment hearing; or (b) order a payment schedule. If the debtor or creditor wants to stop all or
part of the enforcement (11) A
debtor or creditor may apply to the Supreme Court for a stay of enforcement
under section 148 of the Judgment
Enforcement Act. Judge may make some orders without a hearing (12) The
judge may without a hearing (a) enter judgment in an amount agreed between the parties plus
costs and expenses under rule 24 where (i) the defendant agrees to pay all or part of
a claim on a reply, and (ii) the plaintiff consents; and (b) where no installment order is in place (i) make an order establishing a payment schedule where the defendant
proposes or requests a payment schedule in the reply and the plaintiff consents
to the order, and (ii) make an order issuing a summons to a
defendant to attend a payment hearing where a proposed payment schedule is not
agreed to by the plaintiff. Where a debtor does not obey a payment schedule
or pay as ordered (13) Where
a debtor defaults on the payments under a payment schedule or an order to pay
the judgment in full, the enforcement provisions of the Judgment Enforcement Act apply and the creditor should contact the
Sheriff's Office. Where the decision is reserved (14) Where
a judgment is entered in the absence of the parties because the judge reserved
the decision, (a) the creditor may take any of the steps listed in rule 15(3);
and (b) the debtor may ask for a payment hearing under rule 16(9). Collection after warrant for arrest ordered (15) Where
a judge issues a warrant for the arrest of a debtor or an officer, director or
employee of a corporate debtor, the creditor may take any steps for the
collection of the judgment as if a payment hearing was not outstanding. RULE 16 PAYMENT
HEARING Purpose of a payment hearing (1) The
purpose of a payment hearing is to allow a judge to (a) assess the debtors ability to pay; and (b) consider whether a payment schedule should be ordered. Parties may request a payment hearing (2) A
payment hearing shall be held where it is (a) requested by the creditor under rule 16(3); (b) requested by the debtor under rule 16(9); or (c) ordered by the judge under rule 15(10). How a creditor asks for a payment hearing (3) To
ask for a payment hearing, a creditor shall complete Form 11 following the
instructions on the form, and file it at the court. Where the debtor is a corporation (4) Where
the debtor is a corporation, an officer, director or employee of the
corporation may be summoned to the payment hearing. Where the debtor is a partnership (5) Where
the debtor is a partnership, a partner may be summoned to the payment hearing. Service of the summons (6) A
person named in a summons to a payment hearing shall be served in the manner
set out in rule 21, at least 5 days before the date of the payment hearing. Summons may be cancelled where wrong person
summoned (7) A
person who is served with a summons to a payment hearing may apply to a judge
under rule 19(6), and the judge may where he or she considers it necessary (a) cancel the summons where the person is not the right person
to provide information on behalf of the debtor; and (b) issue a new summons to another person to provide the information
on behalf of the debtor. What a person shall bring (8) A
debtor or a person summoned may be required, either by a summons issued under
rule 16(3) or by a judge when ordering a payment hearing, to bring to the
payment hearing records and other things which relate to the subjects listed in
rule 16(11). Where a debtor asks for a payment hearing (9) To
ask for a payment hearing, a debtor shall complete a notice of payment hearing
in Form 12 following the instructions on the form, and file it at the court. Service of notice on creditor (10) The
debtor shall serve in the manner set out in rule 21 the notice on the creditor
at least 5 days before the date of the payment hearing. What happens at a payment hearing? (11) At
any payment hearing under these rules, evidence may be heard about any of the
following: (a) the income and assets of the debtor; (b) the debts owed to and by the debtor; (c) assets that the debtor has disposed of since the claim
arose; and (d) the means that the debtor has, or may have in the future, of
paying the amount owed. Judge may order a payment schedule (12) After
hearing the evidence and submissions by the parties, and after receiving a
report from the enforcement registry which says there is no instalment order in
place against the debtor, the judge may order a payment schedule specifying (a) the date by which the debt shall be paid; or (b) the amounts and dates of the instalments. Where a creditor does not attend (13) Where
a creditor does not attend a payment hearing, the judge may hold the hearing,
cancel it or postpone it. Where someone summoned or ordered to attend does
not attend (14) Where
a creditor asks, a judge may issue a warrant for the arrest of a person who
does not attend a payment hearing and who was (a) served with a summons to attend; or (b) ordered in person by a judge to attend, and just
cause is not shown for the failure or refusal to attend. Creditor may apply for payment hearing at another
place (15) The
creditor may apply to the court to have a payment hearing at a court in another
location from where the file is located where that court is nearest to where
the debtor lives or carries on business or is temporarily employed. RULE 17 WARRANT OF
Peace officer shall bring arrested person to
court (1) A
peace officer who arrests a person under a warrant of arrest issued under rule
12(7) or 16(14) shall promptly bring the person to court. Cancellation of warrant (2) Where
a person named in a warrant attends court voluntarily, the warrant is
cancelled. How long the warrant is in effect (3) A
warrant of arrest remains in force for 2 years from the date a judge issues the
warrant, but at the end of that period it expires and a person shall not be
arrested under it unless the warrant is renewed. RULE 18 WHERE A
WARRANT OF IMPRISONMENT IS ISSUED Imprisonment (1) Where
a warrant of imprisonment is issued under rule 23(1), a peace officer may
arrest the person named in the warrant. How long the warrant is in effect (2) A
warrant of imprisonment remains in force for 2 years from the date of its
issue, but at the end of that period it expires and a person shall not be
imprisoned under it. RULE 19 APPLICATIONS
TO THE COURT Consent orders (1) The
court may make a consent order where one of the parties (a) files an application that contains the particulars of the
order requested; and (b) satisfies the court that all parties are consenting. Applications that may be granted without a
hearing (2) Without
a hearing, the court may make (a) a consent order under 19(1); (b) an order renewing a statement of claim or a third party notice
under rules 4(2) and 7(6); (c) an order changing the date of the settlement conference under
rule 10(8); (d) an order permitting service of a statement of claim outside
the province under rule 4(3); (e) an order permitting another method of service under rule
4(6); (f) an order transferring the matter to
another court under rule 5(6); (g) an order for appointment of a next friend under rule 20(16); (h) an order changing the date of the trial under rule 6(8) or
12(6); (i) an order permitting a third party claim to
be made under rule 7(1); (j) a default judgment where a reply to a
counterclaim or third party notice is not filed under rule 8(2); (k) an order permitting a late reply to be filed under rule
8(8); (l) an order cancelling a subpoena to witness
under rule 12(5); (m) an order permitting the changing of a document under rule
11(1); (n) a review of a decision of a person designated by the Chief
Provincial Court Judge to hear a settlement conference under rule 20(20); and (i) any other order that the court is
authorized to make without notice to another party. How to apply for specific orders (3) To
apply for an order listed in rule 19(2), a party shall complete an application
in Form 14 following the instructions on the form, and file it at the court. What the judge may do (4) The
judge may make the order or direct the applicant to appear before a judge to
explain why the order should be made. Applications that require a hearing (5) After
a hearing, a judge may make (a) an order changing or cancelling an order made in the absence
of a party under rule 20(1); (b) an
order cancelling a default judgment or dismissal order under rule 20(2), and
where the application is granted the judge may order payment of reasonable
expenses of the other party related to the cancellation; (c) an order changing or cancelling the terms of a payment
schedule under rule 20(3); (d) an order extending or shortening a time limit under rule
20(11); (e) an order for failing to obey a rule under rule 20(12); and (f) any other order that a judge has the power to make and notice of
which is served in the manner set out in rule 21, on another party. How to apply to the court for an order (6) To
apply for an order listed in rule 19(5), a party shall complete an application
in Form 14 following the instruction on the form, and file it at the court
where the claim was made unless the court allows the application to be filed at
another court under rule 19(7). Application may be filed at another court (7) A
court may allow an application under rule 19(6), to be filed at another court
where (a) all the parties agree; or (b) the court is satisfied that the application is urgent. Applicant shall serve notice of application (8) At
least 7 days before the date set for hearing an application under rule 19(7),
an applicant shall serve, in the manner set out in rule 21, a copy of his or
her application, and the affidavit where required under rule 20(2), on each
party that would be affected by the order requested, and service of notice is
not required where the application is for a default order where a reply to a
third party notice has not been filed. Service not required in urgent cases (9) Where
satisfied that an application is urgent, the court may allow an application to
be made under rule 19(6) even though the other parties have not been served but
a satisfactory attempt to give some form of notice has been made. Where the application will be heard (10) An
application under rule 19(7) shall be heard at the court where the court file
is located, except where (a) all the parties agree to have the application heard at
another location; or (b) the court is satisfied that the application is urgent. RULE 20 GENERAL Changing or cancelling orders made in the absence
of a party other than dismissal orders or default judgments (1) A
judge may change or cancel an order made in the absence of a party other than
dismissal orders or default judgments where (a) the party applies under rule 19(6) within a reasonable time;
and (b) there is a good reason for changing or cancelling the order. Cancelling dismissal orders or default judgments (2) A
judge may cancel a dismissal order or default judgment if (a) the order or judgment was made without evidence having been
taken; and (b) the party applies under rule 19(6) and attaches to the application
an affidavit containing (i) the reason the party did not file a reply
or attend the settlement conference or trial, (ii) the reason for a delay where there has
been delay in filing the application, and (iii) the facts that support the claim or the
defence. Terms of payment schedule may be changed or
cancelled (3) The
terms of a payment schedule may be changed or cancelled (a) where
there are no related creditors by applying to a judge under rule 19(6) and the
judge may make an order that the judge considers fair; or (b) where there are related creditors under the provisions of
the Enforcement Act in the Supreme
Court. Judge may make orders subject to conditions (4) In
making an order under these rules, a judge may impose a condition or give a
direction that the judge considers fair. Judge may cancel, postpone or adjourn trials and
hearings (5) A
judge may cancel, postpone or adjourn a settlement conference, trial or hearing (a) to a specified date; (b) to a date to be set by the court; or (c) without setting a date. Judge may change place of trial or hearing (6) A
judge may direct that a trial or hearing that is set for one place be held at
another place. Chief judge may change
place of conferences and trials (7) The
chief judge may order that settlement conferences and trials set at one place
be heard at another place. When orders take effect (8) An
order takes effect on the day it was made unless otherwise ordered by the judge
who made the order. First and last days are not counted (9) In
calculating time under these rules or an order, the number of days between 2
events is counted by excluding the days on which those events happen. Where the last day is a holiday (10) Where
the last day of a period of time for filing or serving a document or doing any
other thing under these rules or an order, falls on a Saturday, Sunday or a day
when the court is closed for a holiday, the time ends on the next day that the
court is open. Judge may extend or shorten times (11) A
judge may extend or shorten a time limit set by these rules or by any order of
the court, on the terms that the judge considers fair. Where a party does not obey the rules (12) A
party who believes that another party has not obeyed these rules may apply to a
judge under rule 19(6) or at a hearing, and the judge may make an order or give
a direction that the judge considers fair. Correction of orders (13) A
judge may, at the request of either party, correct an accidental slip or
omission in an order and may add provisions on expenses, or anything else that
was not but should have been adjudicated on. Faxed documents (14) A
person may file a document which is transmitted to the court by a facsimile machine
or other electronic means with the permission of the court. Rules of Supreme Court, 1986 (15) Rule
13 of the Rules of Supreme Court, 1986
dealing with Interpleader applies to proceedings under the Small Claims Act. Settlements involving young persons (16) Where
a plaintiff or defendant is a person who is under 19 years of age, a consent of next friend form shall be obtained from the
court, completed and filed with the court before a matter relating to that
person can proceed. What if there is no consent filed to allow a
person under 19 years to defend an action? (17) Where
there is no consent filed to allow a person under 19 years of age to defend an
action the plaintiff may apply to the court in Form 14 requesting that the
court appoint the parent or guardian or some other person to act as next friend
for the defendant. Who signs court documents? (18) Unless
it is stated otherwise, where a document is required to be signed by the court
it may be signed by an officer of the court, who is by virtue of the position a
Justice of the Peace. How the parties may be represented (19) A
party who wishes to be represented in court may be represented by (a) a solicitor or an articled student; or (b) an agent as set out in the Act. Party may appeal the decision made at a
settlement conference of a person who is not a judge (20) Where
a party is dissatisfied with the decision of a person designated by the Chief
Provincial Court Judge to hear a matter under rule 10(12) the party may apply
under rule 19(6) to a judge for a review of the decision. What the judge may do (21) After
hearing those parties who attend, the judge may confirm or change the decision
of the person designated to hear the matter under rule 10(12). RULE 21 RULES
ABOUT SERVICE OF DOCUMENTS How to serve an individual (1) Where
a person to be served is an individual over 19 years of age, the document shall
be served (a) by leaving a copy of it with the defendant; or (b) by mailing a copy to the defendant by registered mail to the
defendants last known address and obtaining the original signed acknowledgement
of receipt card. How to serve a corporation (2) Where
the defendant is a corporation incorporated or continued under the Corporations Act, the plaintiff shall
file with the document a printout of a corporation search showing the most
recent address of the registered office of the corporation on file with the
Registrar of Companies and the document shall be served by mailing a copy of it
by registered mail to the registered office of the corporation and obtaining
the original signed acknowledgement of receipt card or by leaving a copy of it (a) at the registered office of the corporation; (b) at the place of business of the corporation, with a receptionist
or a person who appears to manage or control the corporation's business; or (c) with a director, officer, liquidator, trustee in bankruptcy
or receiver manager of the corporation. How to serve an extraprovincial company (3) Where
the defendant is an extraprovincial corporation, a document shall be served (a) by mailing a copy of it by registered mail to the attorney
of the corporation appointed under the Corporations
Act and obtaining the original signed acknowledgement of receipt card; (b) by leaving a copy of it with the attorney; or (c) where attorney has not been appointed, by following rule
21(2). How to serve a partnership (4) Where
a defendant is a partnership, a document shall be served by mailing a copy of
it by registered mail to a partner and obtaining the original signed acknowledgement
of receipt card, or by leaving a copy of it (a) with a partner; (b) at a place of business of the partnership, with a person who
appears to manage or control the partnership business there; or (c) with a receptionist who works at a place of business of the
partnership. How to serve a municipality (5) Where
a defendant is a municipality or local service district, the document shall be
served by mailing a copy of it by registered mail or by giving a copy to the
court, town manager, or someone acting in a similar capacity. How to serve a young person (6) Where
a defendant is under 19 years of age, a document shall be served by mailing a
copy of the document by registered mail to the last known address of the
defendant and to the next friend, and obtaining the original signed
acknowledgement of receipt card or by personal service on the defendant and the
next friend of the defendant under rule 20(16). How to serve an unincorporated
association and trade union (7) Where
a defendant is an unincorporated association, including a trade union, a
document shall be served (a) by
mailing a copy of it by registered mail to the registered office of the
association and obtaining the original signed acknowledgement of receipt card;
or (b) by leaving a copy of it with an officer of the association,
or in the case of a trade union, with a business agent. Change of address (8) A
party shall promptly notify, in writing, the court and all other parties to a
claim of a change in that party's address. Address for service (9) A
party shall, on the statement of claim or reply, give the party's address for
service which shall be (a) the party's residence, place of business or solicitors
office, where the party is not incorporated and not a partnership; or (b) its registered office, place of business or solicitors
office where the party is incorporated or is a partnership. How to serve the Crown (10) Where
the defendant is Her Majesty in right of RULE 22 PROVING
SERVICE Written proof of service (1) Service
of a document may be proved by filing at the court any or all of the following: (a) for personal service, a certificate of service in Form 4
with a copy of the document attached; (b) for
service by registered mail, a certificate of service in Form 4 with the signed
original acknowledgement of receipt card and a copy of the document both
attached to the certificate; or (c) for personal service on a lawyer or articled clerk, a copy
of the document signed by the lawyer or articled clerk or by a partner or
employee of the firm. Oral proof of service (2) Instead
of requiring proof of service under rule 22(1), a judge may allow a person to
prove by sworn oral evidence that a person has personally served a document. RULE 23 CONTEMPT Consequences of refusing to comply or failure to
attend at a hearing (1) Where
a person (a) refuses to be sworn, affirm or answer a question; (b) refuses to produce a record or other evidence; (c) does not obey a direction or an order of the judge; or (d) fails to attend court when summoned or ordered to do so and
does not provide adequate reasons for failing to attend the judge
may issue a warrant requiring the person to be imprisoned for a specified
period of not more than 3 days. Where the claimant or applicant refuses to comply (2) Where
a person who does anything referred to in rule 23(1) is (a) the plaintiff or applicant; (b) an officer, director or employee who is an authorized representative
of the plaintiff or applicant; (c) a partner or a manager of a partnership that is the claimant
or applicant; or (d) an agent of the plaintiff or applicant, the judge
may also dismiss the claim or application. Where the defendant or third party refuses to
comply (3) Where
a person who does a thing referred to in rule 23(1) is (a) the defendant or a third party; (b) an officer, director or employee who is an authorized representative
of the defendant or a third party; (c) a partner or a manager of a partnership that is the
defendant or third party; or (d) an agent of the defendant or third party, the judge
may also continue with the proceeding as where no reply had been filed. Release from imprisonment for contempt (4) Before
the expiration of a sentence imposed under rule 23(1), a person imprisoned may
request to be brought before the sentencing judge to comply with the provisions
of the rules, and where the judge is unavailable a person may apply to the
court to be released upon conditions until he or she can appear before the
sentencing judge. RULE 24 COSTS,
FEES Who pays to issue and serve court documents? (1) The
fees for issuing documents and costs for service shall be paid by the party
preparing and serving them, however the court may allow a party to later
recover those amounts. What amount of costs and fees can be recovered? (2) The
court may permit a party to recover costs where the party provides receipts for
costs claimed, and those costs may include the costs of serving documents as
set out in the Schedule, but a party cannot recover more than 10% of the amount
of his or her claim, unless a judge orders otherwise. How are costs and fees determined? (3) The
costs and fees a party can recover are limited to the amounts that are set out
in the Schedule unless a judge orders otherwise. Compensation for unnecessary expenses (4) A
judge may order a party or witness whose conduct causes another party or
witness to incur expenses to pay all or part of these expenses. RULE 25 USE OF
FORMS Forms (1) The
forms referred to throughout the rules are available at the court and shall be
used in accordance with these rules and the instructions on the forms. Court may refuse to accept improper forms (2) A
court may refuse to accept a document for filing where it is (a) not in the form required by these rules; or (b) not completed according to the instructions on that form. RULE 26 REPEAL The Small Claims Rules, Consolidated SCHEDULE FEES The fees and costs, other than
filing fees, payable to the clerk of the court are as follows: (a) for each manual search, $20 to a maximum of 15 minutes, and
$10 for each additional 15 minutes or portion thereof; (b) for each computer search, $35 to a maximum of 15 minutes and
$20 for each additional 15 minutes or portion thereof, plus $2 per page for
each page printed; (c) for each file requested for viewing, $6 per file; (d) for each certification after the initial filing and
certification of one copy, $10; (e) for photocopies, $2 per page; (f) for cassette copies of taped proceedings,
$20 per tape; and (g) for transcript of evidence, administrative fee $50, per page
$2. The fees and costs payable as
between parties are as follows: (a) for issuing a civil claim, $20; (b) for each manual search, $20 to a maximum of 15 minutes and
$10 for each additional 15 minutes or portion thereof; (c) for
each computer search $35 to a maximum of 15 minutes and $20 for each additional
15 minutes or portion thereof, plus $2 per page for each page printed; (d) for each file requested for viewing, $6 per file; (e) for service of each civil document by a private process server
or by registered mail the actual cost to a maximum of $40; (f) for conducting a search of any registry
maintained by the government the actual cost to the maximum of $40; (g) the fees payable to a witness (i) for attendance, per day, $4, (ii) for a witness declared by the court to be
an expert witness, per day a maximum of $100, and (iii) subject to subparagraph (i), an allowance
for travel by motor vehicle, per kilometre for each kilometre necessarily
travelled from the residence to the court and return $0.25; (h) if,
in a judge's discretion, public transportation can be used on a timely basis, a
witness may not be allowed the amount prescribed in subparagraph (g)(iii) but
may be entitled to the fare for travelling to and from the place of trial by
public transportation; (i) on any proceeding, payment of fees and costs in addition to those
specified in paragraphs (a) to (h) may be awarded, in the judge's discretion,
in an amount not exceeding $300; and (j) in respect of a default judgment entered
by the court under rule 8, the fees and costs shall be the actual fees and
costs in an amount not exceeding the following: (i) fee for issuing a civil claim, $20, (ii) fee for service of a civil claim by a private process server or by
registered mail the actual cost to a maximum of $40, and (iii) fee to conduct a search of any registry
maintained by the province shall be the actual cost to a maximum of $40. ©Earl G. Tucker, Queen's Printer |