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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2011


NEWFOUNDLAND AND LABRADOR REGULATION 41/11

NEWFOUNDLAND AND LABRADOR
REGULATION 41/11

Small Claims Rules (Amendment)
under the
Small Claims Act

(Filed April 19, 2011)

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

Dated at St. John’s, April 13, 2011.

Mark Pike
Chief Provincial Court Judge

David Orr
Provincial Court Judge

Brenda Grimes
Law Society Representative

Kendra Wright
Attorney General Designate

RULES

Analysis


        1.   Rule 3 Amdt.
Making a claim

        2.   Rule 6 Amdt.
Making a claim against a plaintiff


NLR 52/97
as amended

        1. Rules 3(4) and (5) of the Small Claims Rules are repealed and the following substituted:

Claim is for more than $25, 000

             (4)  A plaintiff who has a claim amounting to more than $25, 000 may abandon that part of the claim in excess of $25, 000.

Abandoning part of a claim

             (5)  To abandon part of a claim, the plaintiff shall state on the statement of claim that the amount over $25,000 is abandoned.

 

        2. Rules 6(5) and (6) of the rules are repealed and the following substituted:

Where counterclaim is for more than $25, 000

             (5)  A defendant who has a counterclaim amounting to more than $25, 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 $25, 000 is abandoned.