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Newfoundland and Labrador
Regulation 2017


NEWFOUNDLAND AND LABRADOR REGULATION 89/17

 

 
 


NEWFOUNDLAND AND LABRADOR
REGULATION 89/17

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

(Filed October 18, 2017)

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, October 11, 2017.

Raymond P. Whalen
Chairperson, Rules Committee

REGULATIONS

Analysis


        1.   Rule 4.02 Amdt.
Documents

        2.   Rule 39B.01 Amdt.

              Purpose of settlement conference

        3.   Rule 39B.03A Added

              Attendance at a settlement conference

        4.   Rule 46.30 Added

              Document

        5.   Rule 58.03 Amdt.
How to start an appeal (where leave required)

        6.   Rule 58.13 Amdt.
Resolving pre/post hearing issues

        7.   Rule F16.02 Amdt.
When an interim application without notice for a procedural order may be made

        8.   Rule F22.01 Amdt.
Requirement to attend intake session and parent information session


        1. Subrule 4.02(1) of the Rules of the Supreme Court, 1986 is repealed and following substituted:

             (1)  Unless a judge orders otherwise, every document prepared by a party for use in the Court shall be in the English language, legibly printed, typewritten, written or reproduced on durable white paper 279 mm in length and 216 mm in width, with a margin on the left side of the face of the page and, where the reverse side is used, on the right side of the reverse.

 

        2. Rule 39B.01 is repealed and the following substituted:

Purpose of settlement conference

39B.01  The purpose of a settlement conference is to allow the parties to attend before a judge who shall, in private and without hearing witnesses, explore all possibilities of settlement of the issues that are outstanding.

 

        3. Rule 39B is amending by adding immediately after rule 39B.03 the following:

Attendance at settlement conference

39B.03A (1) Unless a judge permits otherwise, the following persons must attend a settlement conference in person:

             (a)  each party or an agent for the party that is authorized to enter into binding terms of settlement;

             (b)  any other person who may be liable to satisfy all or a part of a judgment in the proceeding or to indemnify or reimburse a party for money paid in satisfaction of all or a part of a judgment in the proceeding, or an agent for that person that is authorized to enter into binding terms of settlement; and

             (c)  if applicable, counsel for any person listed in (a), or (b).

             (2)  A judge may order that any other person whose attendance may be of assistance be present at the settlement conference and specify the manner of attendance.

             (3)  A person may be permitted to appear at the settlement conference remotely pursuant to rule 47A.

             (4)  A settlement conference judge may, on request, excuse a person from attending the settlement conference.

             (5)  Unless a judge orders otherwise, counsel attending a settlement conference must be fully authorized, briefed and prepared to discuss, deal with and, where appropriate, give undertakings with respect to all matters properly arising during the settlement conference.

 

        4. Rule 46 of the rules is amended by adding immediately after rule 46.29 the following:

Document

46.30 (1) Unless a judge orders otherwise, where a party to a proceeding intends to submit a document in evidence which is, or is in part, written in a language other than English, the document must be accompanied by:

             (a)  a translation of the document into English; and

             (b)  an affidavit sworn or affirmed by the person that completed the translation, attesting to the translator’s qualifications and the accuracy of the translation.

 

        5. (1) Rule 58.03 of the rules is amended by adding immediately after rule 58.03(9) the following:

          (10)  A failure to seek or obtain leave to appeal a decision made in an uncompleted matter does not

             (a)  prejudice the right of a party to appeal from that decision on an appeal taken once the matter is completed; or

             (b)  limit the power of a judge to grant an order on an appeal from a completed matter that the judge considers appropriate.

 

        6. Rule 58.13 of the rules is amended by adding immediately after paragraph (1)(a) the following:

         (a.1)  determining the appropriateness of hearing the application for leave to appeal and the appeal at the same time and provide any necessary directions with respect to the hearing;

 

        7. Subrule F16.02(1)(g) of the rules is repealed and the following substituted:

             (g)  a judge permits.

 

        8. Subrule F22.01(2) of the rules is repealed and the following substituted:

             (2)  A registry clerk must, within two business days of receiving proof of service of the Originating Application or Originating Application for Variation or the filing of the Response, forward a copy of the pleadings, along with the most current addresses and telephone numbers for the parties and their lawyers, if known, to a Family Justice Services office.