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RULE 2
EFFECT OF NON-COMPLIANCE

Analysis



Non-Compliance with rules

2.01. (1)A failure in a proceeding to comply with any requirement of these rules shall, unless the Court otherwise orders, be treated as an irregularity and shall not nullify the proceeding, any step taken in the proceeding, or any document or order therein.

(2) Where there has been a failure in a proceeding as mentioned in rule 2.01(1), the Court may, subject to rule 2.01(3) and on such terms as it thinks just,

(a) set aside, either wholly or in part, the proceeding;

(b) set aside any step taken in the proceeding or any document, or order therein;

(c) allow any amendment to be made under Rule 15; or

(d) make such other order as it thinks just.

(3) The Court shall not wholly set aside any proceeding or the originating document by which it was begun, on the ground that the proceeding was required by any of these rules to be begun by the originating document other than the one used.

1986 c42 Sch D rule 2.01

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Application to set aside for irregularity

2.02. An application to set aside for irregularity a proceeding, any step taken in a proceeding, or any document or order therein, shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.

1986 c42 Sch D rule 2.02