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RULE 37
SPECIAL CASES

Analysis



Special case

37.01. The parties may state any question of law or fact in the form of a special case for adjudication by the Court before a trial or hearing.

1986 c42 Sch D rule 37.01

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Form of special case

37.02. Every special case shall be divided into paragraphs numbered consecutively, and shall concisely state such facts and set out or refer to such documents as may be necessary to enable the Court to decide the questions raised thereby, and shall be signed by the parties or their solicitors.

1986 c42 Sch D rule 37.02

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Setting case down with leave

37.03. A special case shall not be set down for hearing without the leave of the Court granted after it is satisfied that the decision of the special case might facilitate the determination of the matters in issue in the proceeding.

1986 c42 Sch D rule 37.03

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Court may draw inferences

37.04. Upon the hearing of a special case the Court and the parties may refer to the contents of any document referred to in the special case, and the Court may draw from the stated facts and documents any inference, whether of fact or law, that might have been drawn therefrom if proved at trial or hearing.

1986 c42 Sch D rule 37.04

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Relief by agreement

37.05. The parties may agree in writing that upon any question in a special case being answered, the Court may order specific relief to be granted or may enter judgment.

1986 c42 Sch D rule 37.05