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Newfoundland and Labrador
Regulation 2012


NEWFOUNDLAND AND LABRADOR REGULATION 88/12

NEWFOUNDLAND AND LABRADOR
REGULATION 88/12

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

(Filed November 28, 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, December 10, 2012.

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

REGULATIONS

Analysis


        1.   Rule 7A.04 Amdt.
Certification Application

        2.   Rule 20A.08 R&S
Effect of Failure to Accept

        3.   Rule 55.17 Amdt.
Contingent fee agreement must be in writing

        4.   Rule 56.30 Amdt.
Acts book

        5.   Transitional

        6.   Commencement


 

        1. Rule 7A.04(7)(a) of the Rules of the Supreme Court, 1986 is amended by deleting the word "Registrar" and substituting the words "Public Trustee".

 

        2. Rule 20A.08 of the rules is repealed and the following substituted:

Effect of Failure to Accept

20A.08.  (1) Unless ordered otherwise, when

             (a)  an offer to settle was made by a plaintiff

                      (i)  at least 7 days before commencement of the trial or hearing of the proceeding, and

                     (ii)  was not revoked or accepted prior to commencement of the trial or hearing,

and

             (b)  where that plaintiff obtains a judgment as favourable or more favourable than the terms of the offer to settle,

that plaintiff shall be entitled to party and party costs plus taxed disbursements to the date of service of the offer to settle and thereafter to double party and party costs plus taxed disbursements.

             (2)  Unless ordered otherwise, when

             (a)  an offer to settle was made by a defendant

                      (i)  at least 7 days before the commencement of the trial or hearing of the proceeding, and

                     (ii)  was not revoked or accepted prior to commencement of the trial or hearing,

and

             (b)  where the plaintiff obtains a judgment no more favourable than the terms of the offer to settle,

the plaintiff shall be entitled to party and party costs plus taxed disbursements to the date of service of the offer to settle, and the defendant shall be entitled to party and party costs plus taxed disbursements from the date of service of the offer to settle.

          (2.1)  Unless ordered otherwise, when

             (a)  an offer to settle was made by a defendant

                      (i)  at least 7 days before the commencement of the trial or hearing of the proceeding, and

                     (ii)  was not revoked or accepted prior to commencement of the trial or hearing,

and

             (b)  where the plaintiff’s claim is dismissed,

the defendant shall be entitled to party and party costs plus taxed disbursements to the date of service of the offer to settle and thereafter to double party and party costs plus taxed disbursements.

          (2.2)  If a plaintiff or defendant is awarded costs after judgment under a column of the Scale of Costs pursuant to rule 55.04, the judge shall not change the column if it is later determined that paragraphs (1), (2) or (2.1) apply.

             (3)  If after a trial or hearing

             (a)  an offer to settle had been made and not revoked or accepted prior to commencement of the trial or hearing; and

             (b)  an application for a determination as to costs based on the application of Rule 20A or rule 56A.26 is made by a party within 15 days following the filing or delivery of the decision or order

the decision of a judge with respect to costs shall be suspended pending determination of the application in clause (b).

             (4)  A determination as to costs resulting from an application pursuant to paragraph (3) shall, to the extent determined by the judge, replace and be deemed to have replaced a determination made by the judge as to costs in the original decision or order.

             (5)  In place of an application pursuant to paragraph (3), the parties may settle the issue of costs on a basis different from that stipulated in the original decision or order by filing, within 15 days following the filing or delivery of the decision or order, a consent in writing as to the manner of disposition of costs.

             (6)  Paragraphs (1)-(2.2) do not apply to family proceedings.

 

        3. (1) Rule 55.17(1) of the rules is repealed and the following substituted:

Contingent fee agreement must be in writing

55.17. (1) Where under an agreement referred to in rule 55.16, a solicitor's compensation is dependent or contingent, in whole or in part, upon the successful disposition of the subject matter, then

             (a)  the agreement shall be in writing and signed by the client or the client's authorized agent; and

             (b)  a copy of the signed agreement shall be provided to the client.

             (2)  Rule 55.17(3) of the rules is repealed.

             (3)  Rule 55.17(4) of the rules is repealed and the following substituted:

             (4)  Where an agreement as mentioned in paragraph (1) does not comply with paragraphs (1) and (2), the solicitor is, upon the successful disposition of the subject matter, entitled only to the compensation as would have been payable in the absence of a contingency arrangement and without regard to the contingency.

 

        4. Rule 56.30(1)(d) of the rules is repealed and the following substituted:

             (d)  the names of all persons for whose estates the Public Trustee becomes guardian under subsection (4) of section 20 of the Mentally Disabled Persons’ Estates Act, together with the effective date of the appointment; and

Transitional

        5. Where a hearing of an application under rule 20A.08(3) has commenced prior to February 1, 2013, then the rules in force prior to February 1, 2013 apply.

Commencement

        6. The amendments in section 2 come into force on February 1, 2013.