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Newfoundland and Labrador
Regulation 2004


NEWFOUNDLAND AND LABRADOR REGULATION 139/04

NEWFOUNDLAND AND LABRADOR
REGULATION 139/04

Rules of the Supreme Court, 1986 (Amendment)
under the
Judicature Act

(Filed November 12, 2004)

Under the authority of section 55 of the Judicature Act, the Rules Committee makes the following rules.

Dated at St. John’s, November 22, 2002.

Barry R. Sparkes, QC
Registrar of the Supreme Court
Secretary, Rules Committee

RULES

Analysis


        1.   Rule 5 Amdt.
Commencement of procedings

        2.   Rule 8.07A Added
Minors and mentally incompetent persons

        3.   Rule 29.02 Amdt.
Application

        4.   Rule 49.05 Amdt.
Orders

        5.   Rule 54.06 R&S
Crown practice rules in civil matters

        6.   Commencement


 

        1. (1) Rule 5 of the Rules of the Supreme Court, 1986 is amended by renumbering rule 5.02 as rule 5.02(1).

             (2)  Rule 5.02(1) of the rules is amended by inserting immediately after the words "by filing in the Registry" a comma and the phrase and comma "or with a commissioner of the Supreme Court for the issue of originating documents at the place where the commissioner resides,".

             (3)  Rule 5 of the rules is amended by adding immediately after rule 5.02(1) the following:

             (2)  Where the originating application is filed with a commissioner:

             (a)  the applicant shall state in the application the Judicial Centre or circuit, as the case may be, at which it is proposed that the application be heard; and

             (b)  the commissioner shall, before assigning a return date for the hearing of the application, obtain from the registry in the designated judicial centre or the registry responsible for the designated circuit, a suitable return date consistent with the docket of that centre or circuit and insert that date on the notice attached to the application.

             (4)  Rule 5.03 of the rules is amended by deleting the words "statements of claim" and substituting the words "originating applications or documents".

 

        2. Rule 8 of the rules is amended by adding immediately after rule 8.07 the following:

Application for approval of settlement sealed

8.07A. Where an application for approval of settlement or compromise payment on behalf of a person under disability is refused by the court and the matter proceeds to trial, the application, other materials and written submissions, if any, made in respect of the application for approval shall be sealed and shall not be disclosed to the trial judge unless:

             (a)  the parties consent;

             (b)  the information, such as medical evidence, is properly admissible at trial; or

             (c)  following judgment, the information contained therein is relevant to an issue respecting costs.

 

        3. (1) Rule 29.02 of the rules is amended by adding immediately after rule 29.02(4) the following:

             (5)  Each affidavit, memorandum or other document filed on or subsequent to the date of filing of an interlocutory application but in relation to that application shall have endorsed thereon immediately below the title of proceeding or at some convenient place, if there is no title of proceeding on the document, the following text box containing the information stipulated:

 

SUMMARY OF CURRENT DOCUMENT

Court File Number(s):

 

Date of Filing of Document:

 

Name of Filing Party or Person:

 

Application to which Document
being filed relates:

[e.g. Application of plaintiff for order for production of documents under rule 32.07]

Statement of purpose in filing:

[e.g. to support/oppose application; to seek directions, etc.]

Court Sub-File Number, if any:

 

 


             (2)  Rule 29.02 of the rules is amended by repealing Form 29.02A and substituting the following:

Form 29.02A

(rule 29.02)

20_____ O_ T_____

In the Supreme Court of Newfoundland and Labrador
Trial Division

(Title of proceedings)

Interlocutory Application

Re:  [Brief description of nature of application] Pursuant to [State Rule or Applicable Statute]

(InterPartes)

The application of (A.B. the plaintiff or C.D. the defendant) in this proceeding says:

Nature of Application

               1.  The Applicant seeks an order (or declaration or other relief, as the case may be) pursuant to (set forth the Rule or statutory provision or other authority relied on as the basis for the relief sought) that the Plaintiff (or Defendant, or some other party or person) (set forth the nature of the specific order, declaration or other relief sought) on the basis that

                      (i)  (list in summary form, the individual grounds relied on for the relief sought)

                     (ii)  ...

Procedural History

               2.  The procedural history of this proceeding, insofar as it is relevant to this application, is as follows:

                      (i)  (list only the relevant previous pleadings filed, steps taken, etc. with pertinent dates that may be relevant to the disposition of the application)

                     (ii)  ...

 

                    (iii)  ...

Material Facts

               3.  (Set forth material facts.)

Other Pertinent Information and References

               4.  (Set forth any other pertinent information or reference.)

Relief Sought

               5.  The Applicant therefore applies for . . . (set forth the specific relief sought)

DATED at ___________, Newfoundland and Labrador, this _______ day of _______, 20_____.

(Sgd.) (A.B., Plaintiff)
(or)
(C.D., Defendant)
(or)
(M.N., Solicitor for the plaintiff
whose address for service
is _______________,
Newfoundland and Labrador
(or)
(O.P., Solicitor for the defendant
whose address for service
is _______________,
Newfoundland and Labrador

Notice to the Plaintiff(s) or Defendant(s)

You are hereby notified that the foregoing application will be made to the judge presiding in Chambers at the Court House at _____________, Newfoundland and Labrador on _____________ the _________ day of __________, 20_____, at _____.m.

           TO: (A.B., plaintiff
(or)
(M.N., Solicitor for the plaintiff
of_______________ Street, _____________ Newfoundland and Labrador

or

(C.D., defendant)
(or)
(O.P., Solicitor for the defendant)
of_______________ Street, _____________
Newfoundland and Labrador

 

        4. (1) Rule 49.05(1)(b)(i)(B) of the rules is amended by adding immediately after the word and comma "claimants," the word "or".

             (2)  Rules 49.05(1)(b)(ii) of the rules is amended by deleting at the end of subclause (ii) the comma and the word "or" and by substituting a semi-colon and the word "and".

             (3)  Rule 49.05(1)(b)(iii) of the rules is repealed.

 

        5. Rule 54.06 of the rules is repealed and the following substituted:

Application filed and served within six months

54.06. An originating application for an order in the nature of certiorari shall be filed and served within six months after the date of

             (a)  filing of the judgment;

             (b)  issuing of the order or award;

             (c)  service of the warrant;

             (d)  rendering of the report of the inquiry

to which it relates.

Commencement

        6. These rules shall come into force on January 1, 2005.