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This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 1999 Provincial Court Family Rules (Filed
January 12, 1999 ) Under the
authority of section 29.1 of the Dated at John R.
Cummings, Q.C. RULES Analysis 1. Citation,
application and interpretation 2. Effect
of Non-compliance 3. Time 4. Forms 5. Parties 6. Commencement
of proceedings 7. Service 8. Amendment 9. Reply 10. Admissions
and expert witnesses 11. Pre-hearing
and settlement conferences 12. Hearing
procedures 13. Affidavits 14. Discontinuance
and withdrawal 15. Orders 16. Transfer
and consolidation of a proceeding and exercise of jurisdiction by another judge 17. Practice
memoranda 18. Applications
without notice RULE 1 CITATION,
APPLICATION Citation 1.01 These rules may be cited as the Provincial Court Family Rules. Application 1.02 (1) These rules govern all proceedings
in the (a) Adoption of Children Act; (b) Change of Name Act; (c) Child Welfare Act; (d) Children's Law Act; (e) Family Law Act; (f) Neglected Adults Welfare Act; (g) Reciprocal Enforcement of Support Orders Act; (h) Solemnization of Marriage Act; and (i) Support Orders Enforcement
Act. (2) In
a proceeding commenced in the (3) Notwithstanding
subsection (1), these rules shall not apply to a proceeding where they are, or
appear to be, contradictory to an Act under which an application is before the
court. Objective of rules 1.03 The objective of these rules is to
secure the just, equitable, accessible and expedient determination of every
proceeding. Application of Interpretation Act and Rules of the Supreme Court, 1986 1.04 (1) The Interpretation Act applies to these rules. (2)
The Rules of the Supreme Court, 1986
apply at the discretion of the court when no provision under these rules is
made. Definitions 1.05 In these rules, unless the context
otherwise requires, (a) "affidavit"
includes a solemn or statutory declaration and an agreed statement of facts; (b)
"applicant"
means a person who makes an application under these rules; (c)
"application"
means an application for a hearing and a proceeding; (d)
"counsel"
means a person who is entitled to appear and represent a party in the (e)
"court"
means the Provincial Court of Newfoundland or a judge of the (f)
"clerk" means a clerk as defined under the (g) "document"
includes a sound recording, photograph, film, plan, chart, computer disc,
graph, report, or record of any kind, or a certified copy; (h)
"hearing"
means the hearing of an application or a trial; (i)
"person under disability" means a person who is a minor or a
mentally incompetent person; (j)
"order" means an order or other decision or judgment of the
court; (k)
"party"
means a person named in an application under these rules or by leave of the
court; (l)
"respondent" means a person from whom relief is sought; and (m)
"rule"
or "rules" means the Provincial
Court Family Rules. Waiver of rule by agreement 1.06 Subject to approval of the court,
the parties may agree to waive a rule. RULE 2 EFFECT OF
NON-COMPLIANCE Non-compliance with rules 2.01 (1) A failure to comply with a
requirement of these rules shall be treated as an irregularity and shall not
nullify the proceeding, a step taken in the proceeding or a document or order,
unless the court orders. (2) An
application to set aside a proceeding for an irregularity shall not be allowed
unless it is made within a reasonable time and before the party who commenced
the proceeding has remedied the irregularity after becoming aware of it. RULE 3 TIME Computation of time 3.01 The computation of time under these
rules, or an order of the court, is governed by the following provisions: (a) where
there is a reference in these rules to a number of days, or clear days or
"at least" a number of days between 2 events, in calculating the
number of days there shall be excluded Saturdays, Sundays, statutory holidays
and the days on which the events happen; (b) where
a time is expressed to begin or end at, on, or with a specified day, or to
continue to or until a specified day, the time includes that day; (c) where
a time is expressed to begin after, to be from, of, or before a specified day,
the time does not include that day; and (d) where
there is a reference to a period of time consisting of a number of months
before or after a specified day, the number of months shall be counted from the
specified day. Extension, etc. of time 3.02 (1) The court may, on terms that it
considers appropriate, extend or abridge the period within which a person is
required or authorized by these rules, or by an order, to do or abstain from
doing an act in a proceeding. (2) The
extension or abridgement of the period shall not be granted where the extension
or abridgement is used to unnecessarily delay or otherwise interfere with the
proceedings. (3) The
period within which a person is required by these rules or an order to serve,
file or amend any pleadings or other document may be extended with the consent
of the parties. RULE 4 FORMS Forms 4.01 The forms as prescribed by practice
memorandum shall be used where applicable with variations as the circumstances
of the particular proceeding require and with the approval of the court. RULE 5 PARTIES More than one party 5.01 Two or more parties, with leave of
the court, may be joined in one proceeding as either applicants or respondents. Order separate trials 5.02 Notwithstanding rule 5.01, where
parties are joined in a proceeding and it may cause embarrassment or delay the
hearing, or the proceeding ought to be disposed of by a separate hearing, or it
is otherwise inconvenient, the court may order separate hearings. Change of parties 5.03 (1) The court may at any stage of a
proceeding, on an application without notice or its own motion, where it
considers it necessary in order to ensure that all matters in the proceeding
may be heard, order a person to be made a party to the proceeding in addition
to or in substitution for the party and the proceeding to be continued upon
other terms and conditions as if the person who is made a party, was a party to
the original application. (2) A
person made a party under this rule may within 10 days after service of the
order apply to the court to have the order rescinded or varied. Permitted representatives 5.04 A party may be represented in a
proceeding (a) by
a person authorized in the Law Society
Act; (b) by
a person authorized by the legislation under which the application is made; or (c) with
the permission of the court, by another person who is not receiving
remuneration for appearing. Guardian for the action 5.05 (1) A person under disability shall
commence or defend a proceeding by a guardian
for the action unless the court otherwise orders. (2) Unless
a rule otherwise provides, anything in a proceeding that is required or authorized
by the rules to be done by a party shall or may, where the party is a person
under disability, be done on the person's behalf by the guardian for the
action. Appointment of guardian for the action 5.06 (1) Unless the court otherwise orders
or legislation otherwise provides, a person may be a guardian for the action of
a person under disability without being appointed by the court. (2) Where
a party has a guardian for the action in a proceeding, another person shall
not, unless the court otherwise orders, act as the guardian for the action. (3) When
in the opinion of the court it is in the interest of a party who is a person
under disability to do so, the court may remove, appoint, or substitute a
guardian for the action. (4) Before
the name of a person is used in a proceeding as the guardian for the action,
there shall be filed with the court (a) a
person's written consent to be the guardian for the action; or (b) where
the person has been appointed a guardian for the action by a court, a true copy
of the order appointing him or her. (5) Except
where a guardian for the action has been appointed under legislation, the
guardian for the action acting in a proceeding shall file with the court a
certificate certifying that he or she knows or believes (a) the
person to whom the certificate relates is a person under disability, giving the
grounds of the knowledge or belief, and where a mentally incompetent person,
that a guardian has not been appointed under any legislation; and (b) the
guardian for the action has no interest in the proceeding adverse to that
person. Settlement, etc. by person under disability 5.07 Where in any proceeding money is
claimed by or on behalf of a person under disability, no settlement,
compromise, payment or acceptance or money, whenever entered into or made,
shall be valid without the approval of the court as far as it relates to that
person's claim. Control of money recovered 5.08 Where an order is granted providing
for the recovery of money by a person under disability, or that a proceeding be
dismissed or stayed upon payment of the money to that person, the money shall
be dealt with in accordance with the order. Third person as party 5.09 A person may, with leave of the
court and subject to legislation respecting confidentiality, intervene in a
proceeding and become a party where a person (a) establishes
to the satisfaction of the court by the filing of an affidavit containing the
grounds for the intervention, a direct interest in the subject matter of the
proceeding; or (b) has
a right to intervene under legislation or rule. Friend of the court 5.10 A person may, with the leave of the
court and without becoming a party to a proceeding, intervene in the proceeding
as a friend of the court for the purpose of assisting the court. RULE 6 COMMENCEMENT OF
PROCEEDINGS Commencement of proceedings 6.01 Every proceeding shall be commenced
by filing an application and supporting affidavit with the court, and the
proceeding is considered to have been commenced on the date of the filing. Duties of the clerk 6.02 (1) Upon receipt of an application,
the clerk shall (a) insert
on the application a file number and date of filing; (b) sign
the application; (c) affix
the place, time and date of the hearing; and (d) file
the original with the court. (2) The
file number assigned to a proceeding shall consist of (a) the
letter "F" for a proceeding in the Family Court; (b) a
number designating the office where the proceeding is commenced
(c) the
consecutive number of the proceeding in order of filing in that office. (3) All
documents subsequently filed or delivered in the proceeding shall bear the same
file number. (4) A
proceeding permanently transferred to another office of the court shall be
assigned an appropriate file number. Facsimile transmissions 6.03 (1) A document may be filed with the
court by telephone facsimile transmission as provided in this rule. (2) A
document may be served by a party on counsel of record in accordance with
subsection (3). (3) A
document which is delivered by a telephone facsimile transmission shall include
a cover page indicating (a) the
sender's name, address and telephone facsimile number; (b) the
date and time of transmission; (c) the
names of the parties in the proceeding and the file number, where one has been
assigned; (d) the
total number of pages transmitted, including the cover page; (e) the
telephone facsimile number from which the document is transmitted; and (f) the name and telephone number of a person to contact in the event
of transmission problems. (4) Filing
shall be considered complete at the time the telephone facsimile transmission
is received by the court and the filed facsimile shall have the same effect as
the original. (5) Notwithstanding
subsection (4), documents filed by telephone facsimile transmission shall only be
received on weekdays, excluding holidays, between (6) Within
7 days after the court has received the transmission, the person filing the
document shall deliver the original signed document to the court. (7) The
original document shall be clearly marked on its face "Sent by telephone
facsimile transmission", giving the date and the time of the transmission. (8) Upon
failure to comply with the requirements of this rule, the court may make orders
that are appropriate, including, but not limited to, an order striking
pleadings or parts of pleadings, an order removing the facsimile document from
the file, staying further proceedings until compliance is complete, or
dismissing the proceeding or any part of the proceeding. (9) Notwithstanding
rule 15.04, any certified document sent by the court by telephone facsimile
transmission in accordance with subsection (3) shall be considered to be a
certified original document. (10) The
transmitted document may be further certified at the local office of the court
by its proper officer. RULE 7 SERVICE Service of documents 7.01(1) Except where these rules or legislation otherwise provides, the
following documents shall be personally served on each respondent: (a) an
application; and (b) other
documents that the court may require to be personally served. (2) Service
of a true copy of a document shall be considered service of the original
document. (3) A
person who serves the document shall, at the time of service, request the
person served to complete and sign in his or her presence the acknowledgement
of service or the person who serves the document shall sign an affidavit
confirming the service of the document and the affidavit shall be sworn or
affirmed. (4) An
application shall be served on the respondent as required by these rules at
least 10 days before the date set for the hearing except where legislation
otherwise provides. Support application under the Family
Law Act 7.02 (1) Personal service of an application
for support made under the Family Law Act
shall not be required unless ordered by the court. (2) An
application for support may be served, (a) by
sending a true copy of the document by certified mail addressed to the
respondent at his or her last known address; or (b) in
another manner that the court may direct. (3) An
application for support shall be served on the respondent as required by these
rules at least 10 days before the date set for the hearing. Substituted service 7.03 (1) Where it is impracticable to serve
an application or other document required to be served personally, the court
may make an order for substituted service or dispense with service of the
document upon terms that the court may determine. (2) Substituted
service may be effected by (a) serving
the agent, counsel, other representative or an adult family member of the
person to be served; (b) serving
the guardian or guardian for the action where the person to be served is under
disability; (c) certified
mail forwarded to the last known address of the person to be served; or (d) where
an address of the person to be served is unknown, by advertisement in the
newspaper serving the area where the person to be served is believed to reside. Affidavit of service 7.04 (1) The service of a document may be
proved by an affidavit which shall state by whom the document was served, the
day of the week, the time of day, the date on which it was served, where it was
served, and how it was served. (2) Where (a) the
document is served by certified mail, service may be proved by filing an
acknowledgement of receipt card, or other confirmation of delivery as is
provided by Canada Post, with the court before the date of the proceeding; (b) the
acknowledgement of receipt card is not signed by the party being served, the court
shall satisfy itself that the party to be served has knowledge of the
proceedings and may proceed in the absence of that party; (c) certified
mail has not been accepted by the respondent or another person on his or her
behalf, the court may proceed to hear the matter in the same manner as if that
party was served; or (d) in
the event that the court proceeds under (b) or (c) and it has subsequently been
established to the satisfaction of the court that the service was not properly
effected, the court may make the order that is necessary to correct any
injustice done as a result of proceeding in the absence of the party required
to be served. (3) A
written acceptance of service of a document by a party need not be verified by
affidavit. (4) Instead
of requiring any other proof of service, the court may allow a person to prove
by sworn or affirmed oral evidence that a person has been served. No service in certain cases 7.05 Where under a rule a document is
required to be served on a person but is not required to be served personally
and at the time when service is to be effected, the person is in default as to
filing a response or appearing on an application or has no address for service,
the document need not be served on that person unless the court otherwise orders
or a rule otherwise provides. RULE 8 AMENDMENT Amendment by party 8.01 A party may amend any document
filed by that party, other than an order, (a) once
without leave of the court where the amendment is made at least 5 days before
the hearing of an application; (b) at
another time where the written consent of all the parties is filed; or (c) with
the leave of the court. Court may grant amendment 8.02 (1) The court may grant an amendment
under this rule, in a manner and on terms that it considers appropriate. (2) Where
an amendment would make a document difficult, inconvenient to read or alter the
substance of the document, a new document as amended and bearing the date of
the original document shall be filed and every reasonable effort should be made
to serve and provide the amended document to the other party before the date of
hearing. (3) Clerical
mistakes in pleadings, judgments or orders, or errors arising from an
accidental mistake or omission, or an amendment to provide for a matter which
should have but was not adjudicated upon, may be corrected or granted by the
court. RULE 9 REPLY Reply 9.01 Unless the court otherwise orders,
a respondent shall file a reply to an application with the court before the
hearing. Time period for reply 9.02 A reply shall be filed with the
court at least 2 days before the date set by the court except where the court
permits otherwise. True copy required 9.03 A respondent shall serve a true
copy of the reply on the applicant by delivering it or by posting it by mail. RULE 10 ADMISSIONS Voluntary admissions 10.01 (1) A party may give notice at the
hearing or otherwise in writing that he or she admits the truth of the whole or
a part of the case of another party. (2) The
court may allow a party to withdraw an admission or denial upon terms that are
appropriate. Expert witnesses 10.02 (1) Unless a written report of an
expert is provided to the opposite party at least 5 days before the hearing,
that report shall not be admissible without the approval of the court. (2) The
court may order that the number of expert witnesses to be called at a hearing
shall be limited. RULE 11
Use of electronic telecommunication 11.01 A judge may, on his or her own
motion, or on the application of a party, direct that a pre-hearing or
settlement conference be held wholly or partly by telephone, teleconference,
video conference or another form of electronic telecommunication acceptable to
the judge, with the actual costs to be paid by the party making the request. Pre-hearing conference procedure 11.02 (1) In a proceeding the court may, on
its own motion or on the application of a party, direct the party to appear for
a pre-hearing conference to consider (a) the
simplification and clarification of the issues; (b) the
necessity or desirability of an amendment to an application, affidavit or
notice; (c) the
possibility of obtaining admissions of fact or of documents that shall avoid
unnecessary proof; (d) limiting
the number of expert witnesses; (e) resolving
one or more of the issues which may lead to a settlement; (f) organizing the trial process including the production of documents,
affidavits, exhibits and determining the witnesses who are to testify; (g) provide
interim relief when agreement is reached or when proper notice has been given
and affidavit evidence is filed; and (h) any
other issue that may aid in the disposition of the proceeding. (2) Following
the pre-hearing conference the court may make an order reciting the results and
giving directions that the court considers advisable and the order, when
entered, shall control the subsequent course of the proceeding, unless or until
modified at the hearing to prevent injustice. (3) The
judge who presides at a pre-hearing conference shall not be considered to be
seized of the proceeding, and a hearing may be heard by that judge or any other
judge provided that at the request of a party, the hearing shall be heard by a
judge other than the judge presiding at the pre-hearing conference. Settlement conference procedure 11.03 (1) Where the parties have been
directed to attend a settlement conference, the judge may conduct the
settlement conference in any manner he or she sees appropriate including
requiring the attendance of the parties, and the production of all relevant
documentation and legal authorities. (2) A
judge who has presided at a settlement conference shall not preside at the
hearing unless all parties consent. (3) A
judge who has presided at a settlement conference shall not disclose to any
other judge the positions and concessions made by any of the parties during the
settlement conference. RULE 12 HEARING PROCEDURES Failure to attend 12.01 (1) When a proceeding is called for
hearing, the court may order the proceeding to be dismissed where parties fail
to attend. (2) When
a proceeding is called for hearing and a party fails to appear, the court may (a) proceed
with the hearing or an issue in the absence of one or more parties; (b) where
the applicant appears and the respondent fails to appear, allow the applicant
to prove the application and dismiss a reply; (c) where
the applicant fails to appear and the respondent appears, dismiss the
application and allow the respondent to prove the reply; or (d) make
an order that is appropriate. (3) Where
a party fails to attend, the court may order costs that it considers
appropriate. (4) Judgment
on a failure to appear shall not be entered against a respondent under this
rule unless the court is satisfied the respondent had notice of the hearing or
had been served as directed by these rules or service has been dispensed with
under these rules. (5) Unless
the court otherwise orders or a rule otherwise provides, a respondent who fails
to appear at the hearing of an application shall not be entitled to receive
notice of subsequent steps taken in the proceeding against him or her. (6) The
parties shall immediately notify the court before the hearing of a settlement
or agreement reached between the parties. Adjournment 12.02 Where a hearing cannot be
conveniently heard or completed, the court may adjourn the hearing. Exclusion of witnesses, etc. 12.04 The court at a hearing may (a) order
a witness to be excluded from the court until called; (b) order
a party or witness not to communicate with another witness before the latter
witness gives evidence; and (c) where
there has been an improper communication, exclude the testimony of any party or
witness. Copies of document for other party 12.05 A party shall be entitled to a copy
of relevant documents and affidavits to be used in a hearing. Order for documents 12.06 (1) The court may (a) order
a party to file and serve on an opposing party to a proceeding a list of
documents or affidavits; (b) order
a party to file or deliver documents or affidavits related to the matters
specified in the order; (c) where
it appears that an issue or question in the proceeding should be determined
before the filing and delivery of all or any of the documents is made, order
that the issue or question be determined; and (d) where
satisfied that all or any of the documents are not necessary at that time or
later, dismiss or adjourn the application, or make another order that is
appropriate. (2) Where
a person is compelled to produce a document at a hearing, the court may order
the person to produce the document. Interpreters 12.07 The court may appoint an
interpreter, fix reasonable compensation and order the compensation to be paid
out of funds provided by law for that purpose or by one or more of the parties
as costs. Subpoena 12.08 (1) The court or a justice of the
peace may, at the request of a party, issue a subpoena requiring the person
named in the subpoena to attend the court at the time and place stated and, where
required, to produce certain documents at the hearing. (2) A
person is bound to appear or give evidence under a subpoena notwithstanding
that the person has not been paid or tendered witness fees. Service of subpoena 12.9 (1) A copy of the subpoena shall be
served by personal service and where the witness requests the original subpoena
shall be produced and shown. (2) Unless
otherwise ordered, a subpoena shall be served no later than 2 days before the
date of the hearing. (3) Service
of a subpoena may be proved by affidavit. Duration of subpoena 12.10 A subpoena continues to have effect
until the conclusion of the hearing at which the attendance of the witness is
required. Subpoena of opposing party 12.11 A party who desires to call an
opposing party as a witness at a hearing shall serve the party, or his or her
counsel at least 2 days before the hearing with a subpoena and where the
opposing party does not attend the hearing, the court may pronounce judgment
against the party or postpone the hearing upon terms that it considers
appropriate. Failure to obey 12.12 Where a witness fails to obey a
subpoena, he or she may be dealt with according to law. RULE 13 AFFIDAVITS Form of affidavits 13.01 An affidavit used in a proceeding
shall be (a) entitled
with the name of the parties involved in the proceeding, except where there is
more than one applicant or respondent or proceeding when it shall be sufficient
to state the name of the first applicant, respondent and proceeding followed by
the words "and other" or "and other proceedings"; (b) expressed
in the first person and state the name in full, place of residence and
occupation of the deponent, and where a party or the counsel, agent or employee
of a party, it shall state that fact; (c) divided
into paragraphs numbered consecutively with each paragraph being confined as
far as possible to a distinct portion of the subject and any dates, sum, and
other numbers may be expressed in figures; and (d) signed
by the deponent with the jurat completed and signed by the person before whom
it is sworn or affirmed. Contents of affidavit 13.02 (1) An affidavit used on an
application may contain statements as to the belief of the deponent with the
sources and grounds. (2) Unless
the court otherwise orders, an affidavit used at a hearing shall contain only
those facts that the deponent is able to prove from his or her own knowledge. Exhibits 13.03 An exhibit referred to in an
affidavit as being produced, attached or otherwise annexed shall be identified
with the initials of the person before whom the affidavit was sworn or
affirmed. RULE 14 DISCONTINUANCE Notice to be filed and served 14.01 After a proceeding is begun (a) an
applicant may discontinue the proceeding or withdraw a cause of action against
any respondent; and (b) a
respondent may withdraw the reply or response or a part of the reply or
response against any applicant, by filing
and serving a notice of discontinuance or withdrawal. Court may make order 14.02 Upon the filing of a notice of
discontinuance or withdrawal the court may make an order containing terms as to
costs, the bringing of a subsequent proceeding, or otherwise, that are
appropriate and within the jurisdiction of the court. Effect of discontinuance 14.03 Subject to the terms of an order
granted by the court, the discontinuance of a proceeding or withdrawal of a
cause of action shall not be a bar to a subsequent proceeding for the same or
substantially the same cause of action. RULE 15 ORDERS Requiring an act to be done 15.01 An order that requires a person to
do or refrain from doing an act, shall specify the time within which the person
is to do or refrain from doing the act. Preparation of an order 15.02 An order shall be drawn by the
successful party or by the court that the circumstances warrant and filed with
the court provided that when an order is not filed within 10 days after the
judgment, decision or direction is given, any other party may draft and file
the order. Issue of order 15.03 (1) An order shall contain (a) the
title of the proceeding; (b) the
name of the judge who granted it; (c) recitals
of the proceedings and legislation on which it is based; (d) the
operative parts of the order divided into convenient paragraphs; (e) the
date the decision was rendered as well as the date the order is issued; (f) the name of the court; (g) the
signature of the clerk or the judge who made the order; and (h) all
other particulars required by the legislation under which the order was made. (2) An
order shall be as prescribed in these rules with any variation that the
circumstances require. Certification of order 15.04 An order shall be certified by a
court by signing a copy and certifying it as a true copy. RULE 16 TRANSFER Transfer of proceeding 16.01 The court may order a proceeding to
be transferred to another court. Consolidation 16.02 Where 2 or more proceedings are
pending in the court, the court may order the proceedings to be consolidated on
terms that it considers appropriate or may order them to be tried at the same
time or one immediately after the other or may order any of them to be stayed
until after the determination of any of them. Exercise of jurisdiction 16.03 (1) Where a judge is unable to act in
or conclude a proceeding, a judge of the court may be appointed to hear the
proceeding or to continue the proceeding. (2) A
judge appointed under subsection (1) may make an order to render a judgment in
a proceeding on the evidence already adduced or may rehear evidence. RULE 17 PRACTICE MEMORANDA Practice memoranda 17.01 The chief judge after receiving a
recommendation from a judge, a group of judges or the Rules Committee may issue
practice memoranda consistent with these rules for the better operation of
these rules and the functioning of the court. RULE 18 APPLICATIONS
WITHOUT NOTICE Particulars of notice 18.01 A notice of an application without
notice shall set out with sufficient particularity the nature of the claim
being made and have attached a true copy of any affidavit to be used in support
of the application. Application without notice 18.02 (1) An application may be made without
notice to another person where (a) under
legislation or rule notice is not required; (b) the
application is made before a party is served; (c) the
applicant is the only party; (d) the
application is made during the course of a proceeding or hearing; or (e) the
court is satisfied that the delay caused by giving notice would or might entail
serious mischief or prejudice, or that notice is not necessary. (2) A
notice of application and any supporting affidavit shall be filed with the
court before the hearing. (3) The
court may, on those terms that it considers appropriate, order (a) a
notice of application and an attached affidavit to be served upon a party or
person in a manner and at a time that it may direct and may adjourn a hearing
to permit the service; (b) the
service of a notice of application and any attached affidavit on a party or
person to be dispensed with; or (c) an application to be adjourned, continued, discontinued or dismissed when a person who ought to have been served has not been served. ©Earl G. Tucker, Queen's Printer |