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Newfoundland Regulation 2000


NEWFOUNDLAND REGULATION 7/00

NEWFOUNDLAND REGULATION 7/00

Small Claims Rules
(Amendment)
under the
Small Claims Act

(Filed January 26, 2000)

Under the authority of section 7 of the Small Claims Act, the Rules Committee makes the following rules.

Dated at St. John’s, January 24, 2000.

Donald S. Luther
Chief Provincial Court Judge

M.R. Reid
Provincial Court
Judge

Mary J. (McCarthy) Mandville
Attorney General's Designate

Tobias McDonald
Law Society Representative

RULES

Analysis


        1.   Rule 5(6) R&S
Replying to a claim

        2.   Rule 8(12) R&S
Application re: default judgment

        3.   Rule 16(6) R&S
Service: re payment hearing

        4.   Rule 21 R&S
Rules re: service of documents

        5.   Rule 22(1)(b) R&S
Proving service


NR 52/97
as amended

        1. Rule 5(6) of the Small Claims Rules is repealed and the following substituted:

             (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 and the defendant shall give notice of the application to transfer to the plaintiff, and the plaintiff may, within 14 days of receiving the notice, make a reply.

 

        2. Rule 8(12) of the rules is repealed and the following substituted:

           (12)  Where a judge receives an application to set aside a default judgment under rule 20, the party making the application shall serve the plaintiff and all the other parties to the proceeding with a notice that the application has been made and, notwithstanding rule 8(8), the plaintiff or another party who has been served may, within 14 days, make a reply.

 

        3. Rule 16(6) of the rules is repealed and the following substituted:

             (6)  A person named in a summons to a payment hearing shall be served by the person requesting the hearing in the manner set out in rule 21 at least 5 days before the date of the payment hearing.

 

        4. Rule 21 of the rules is repealed and the following substituted:

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 at his or her last known address and

                      (i)  obtaining a signed document acknowledging receipt, or

                     (ii)  obtaining an acknowledgment from Canada Post Corporation that the copy has been delivered.

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

             (a)  mailing a copy of it to the registered office of the corporation and

                      (i)  obtaining a signed document acknowledging receipt, or

                     (ii)  obtaining an acknowledgment from Canada Post Corporation that the copy has been delivered; or

             (b)  leaving a copy of it

                      (i)  at the registered office of the corporation,

                     (ii)  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

                    (iii)  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 to the attorney of the corporation appointed under the Corporations Act and

                      (i)  obtaining a signed document acknowledging receipt, or

                     (ii)  obtaining an acknowledgment from Canada Post Corporation that the copy has been delivered;

             (b)  by leaving a copy of it with the attorney; or

             (c)  where the 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

             (a)  mailing a copy of it to a partner and

                      (i)  obtaining a signed document acknowledging receipt,  or

                     (ii)  obtaining an acknowledgment from Canada Post Corporation that the copy has been delivered; or

             (b)  by leaving a copy of it,

                      (i)  with a partner,

                     (ii)  at a place of business of the partnership, with a person who appears to manage or control the partnership business there, or

                    (iii)  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

             (a)  mailing a copy of it to the office of the municipality or local service district and

                      (i)  obtaining a signed document acknowledging receipt, or

                     (ii)  obtaining an acknowledgment from Canada Post Corporation that the copy has been delivered; or

             (b)  giving a copy to the town manager, manager of the local service district 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

             (a)  mailing a copy of the document to his or her last known address and to the next friend, and

                      (i)  obtaining a signed document acknowledging receipt, or

                     (ii)  obtaining an acknowledgment from Canada Post Corporation that the copy has been delivered; or

             (b)  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 to the registered office of the association and

                      (i)  obtaining a signed document acknowledging receipt, or

                     (ii)  obtaining an acknowledgment from Canada Post Corporation that the copy has been delivered; 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 Newfoundland you must comply with the Proceedings Against the Crown Act and documents must be served on the Minister of Justice or the Deputy Minister of Justice.

 

 

        5. Rule 22(1)(b) of the rules is repealed and the following substituted:

 

             (b)  for service by mail, a certificate of service in Form 4 accompanied by

                      (i)  a signed document acknowledging receipt, or

                     (ii)  an acknowledgment from Canada Post Corporation that the document has been delivered, and

                    (iii)  a copy of the document that was served; or