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Newfoundland and Labrador
Regulation 2012


NEWFOUNDLAND AND LABRADOR REGULATION 48/12

NEWFOUNDLAND AND LABRADOR
REGULATION 48/12

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

(Filed May 23, 2012)

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

Dated at St. John’s, May 18, 2012.

Darlene Wells
for Registrar of the Supreme Court
Secretary, Rules Committee

REGULATIONS

Analysis


        1.   Rule 5.06 Amdt.
Duration and renewal of originating document, etc.

        2.   Rule 15.01 R&S
Adding or amending a party to a proceeding

        3.   Rule 15.02 R&S
Amending the text of pleadings filed with the Court

            4.      Rule 49.05 Amdt.
Orders made by the Registrar

        5.   Rule 56A.10 Amdt.
How to serve documents

        6.   Rule 56A.74 Amdt.
Proceedings

        7.   Rule 56A.75 Amdt.
Summary judgment

        8.   Rule 56A.76 Amdt.
Judicial case conference

        9.   Transitional

      10.   Commencement


 

        1. (1) Rule 5.06(1) of the Rules of the Supreme Court, 1986 is repealed and the following substituted:

Duration and renewal of originating document, etc.

  5.06. (1) An originating document is valid for a period of 12 months from the date of issue.

             (2)  Rule 5.06 of the rules is amended by adding immediately after rule (1) the following:

          (1.1)  If a party has not been served within the period, the Registrar may, at any time before its expiration, renew the originating document for a period of 6 months from the date when it would otherwise expire.

          (1.2)  The Registrar may renew the originating document under paragraph (1.1) up to a maximum of 4 times.

             (3)  Rule 5.06(2) of the rules is repealed and the following substituted:

             (2)  The Court may, on application, order an originating document to be renewed at any time.

             (4)  Rule 5.06(3) of the rules is repealed and the following substituted:

             (3)  Upon the renewal of the originating document, the Registrar shall endorse the originating document, including any concurrent originating document or renewal thereof, with a memorandum as follows: "Renewed for the period of ________________ from ___________" and sign and date it. Any concurrent originating document subsequently issued shall be endorsed with a copy of the memorandum.

 

        2. Rule 15.01 of the rules is repealed and the following substituted:

Adding or amending a party to a proceeding

15.01. (1) On such terms as it thinks just and in accordance with Rule 7, the Court may at any time, on application or on its own motion, grant an amendment which:

             (a)  adds, substitutes or corrects the name of a party to a proceeding; or

             (b)  alters the capacity of a party to a proceeding.

             (2)  A proceeding may be discontinued against a party in accordance with Rule 19.

             (3)  Notwithstanding the expiry of a relevant period of limitation, the Court may allow an amendment under paragraph (1) to rectify a mistake even if the effect of the amendment will be to add a new party if the Court is satisfied that the mistake was genuine and not misleading or such as to cause any reasonable doubt as to the identity of the party intending to bring or oppose the proceeding.

 

        3. Rule 15.02 of the rules is repealed and the following substituted:

Amending the text of pleadings filed with the Court

15.02. (1) If an amendment does not include the addition, deletion, substitution or correction of the name of a party to a proceeding, a party may amend a pleading filed by that party other than an order:

             (a)  once without the leave of the Court if the amendment is made not later than 20 days from the date the pleadings are deemed to be closed or 5 days before the hearing under an originating document;

             (b)  at any time with the written consent of all of the parties filed with the Court; or

             (c)  at any time with leave of the Court on such terms as it thinks just.

             (2)  The Court may allow an amendment notwithstanding the effect of the amendment will be to add or substitute a new cause of action, if the new cause of action arises out of the same or substantially the same facts as the original cause of action.

 

        4. (1) Rule 49.05(1)(a)(ii) of the rules is repealed.

             (2)  Rule 49.05(1)(b)(ii) of the rules is repealed.

 

        5. Rule 56A.10(3) of the rules is repealed and the following substituted:

             (3)  Notwithstanding paragraph (2), where the person to be served with a document is a manager as defined in the Children and Youth Care and Protection Act, the document may be served by leaving a copy with the manager.

 

        6. Rules 56A.74(1) to (3) of the rules are repealed and the following substituted:

Proceedings

56A.74.  (1) To the extent that either the procedure or time limits or both in Rules 56A and 56C are inconsistent with the Children and Youth Care and Protection Act, the provisions of that Act shall apply.

             (2)  A hearing under the Children and Youth Care and Protection Act shall be

             (a)  held as informally as the circumstances of the case permit;

             (b)  scheduled as expeditiously as the schedule of the Court allows and as fairness to the parties and affected persons requires; and

             (c)  held in private unless the judge hearing the matter determines that the proper administration of justice requires otherwise.

             (3)  An application for a protective intervention order and any other application under the Children and Youth Care and Protection Act shall be started by presenting the original and one copy of an application to the Court.

 

        7. Rule 56A.75(1) of the rules is repealed and the following substituted:

Summary judgment

56A.75.  (1) Upon completion of a presentation hearing as required by section 31 of the Children and Youth Care and Protection Act and an order being made directing that a protective intervention hearing is to take place, a party may apply for a summary judgment for a final order without a trial on all or part of any claim made or defence to be presented in the case.

 

        8. Rule 56A.76(2) of the rules is repealed and the following substituted:

             (2)  A judicial case conference shall only occur after the conclusion of the presentation hearing as required by section 31 of the Children and Youth Care and Protection Act.

Transitional

        9. Where an originating document has been renewed one or more times before July 1, 2012, the Registrar may renew the originating document under rule 5.06(1.1) up to a maximum of 4 additional times.

Commencement

      10. This regulation comes into force on July 1, 2012.