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RULE 44
ASSESSMENT
OF DAMAGES

Analysis



Assessment of damages on a trial, etc.

44.01. (1)On a trial or hearing, the Court may

(a) assess the damages, in whole or in part, and order that judgment be entered for the damages so assessed;

(b) order the assessment of damages, in whole or in part, to be referred to a referee for inquiry or report under Rule 43, or to any other person;

(c) permit any party to have the Court subsequently assess all or any damages and direct that judgment be entered with damages to be so assessed;

(d) order that judgment be entered for any damages agreed upon by the parties;

(e) order that judgment be entered with damages to be assessed, with or without directions as to how or when the damages, or any part of them, are to be assessed; or

(f) give such other directions as it thinks just.

(2) The Court may, at any time prior to a trial or hearing, give directions as to the exercise of any of its powers under rule 44.01(1), and may direct the assessment of damages, in whole or in part, before the trial.

(3) A judgment entered under rule 44.01(1) shall be deemed to be final, subject however to any right of appeal, unless leave is given to assess all or any of the damages, or judgment is entered with damages to be assessed.

1986 c42 Sch D rule 44.01

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Judgment entered by default against some but not all defendants

44.02. In a proceeding where there are several defendants and judgment is entered on default of the defence of some but not all defendants with damages to be assessed, and the proceeding continues against the other defendants, the damages to be assessed under the judgment entered on default of the defence shall be assessed at the trial unless the Court otherwise orders.

1986 c42 Sch D rule 44.02

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Assessment of damages to time of assessment

44.03. Where damages are to be assessed, whether under Rule 44 or otherwise in respect of any continuing cause of action, they shall be assessed down to the time of the assessment.

1986 c42 Sch D rule 44.03

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Assessment of value

44.04. The foregoing provisions of Rule 44 shall apply, with any necessary modification, in relation to the entry of judgment for value of goods to be assessed, with or without damages to be assessed, as they apply to the entry of judgment for damages to be assessed.

1986 c42 Sch D rule 44.04

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Assessment of damages by jury

44.05. The provisions of rule 45.08 shall apply to the assessment of damages by a jury and the provisions of Rule 44 shall apply thereto with any necessary modification.

1986 c42 Sch D rule 44.05