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Copyright 2004: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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SNL1986 c42 Schedule D

Rules of the Supreme Court, 1986
Forms

Rules of the Supreme Court, 1986
under the
Judicature Act

Amended by:

197/87
209/87
133/88
157/88
6/89
123/89
279/90
68/91
69/91
70/91
100/92
141/92
142/92
198/92
150/93
151/93
3/94
150/94
165/94
228/94
239/94
240/94
40/95
151/95
152/95
153/95
CNR 1019/96
8/97
39/97
69/97
70/97
108/99
9/00
72/00
2/01
2001 c42 s45
18/02
21/02
26/02
60/02
93/02
2/03
9/03
10/03
12/03
31/03
130/03
28/04
139/04
149/04
2004 c36 s52
84/05
90/05
93/05
114/05
1/06
16/07
90/07
75/08
2009 c31 s11
10/10
30/10
108/10
111/10
1/11
15/11
29/11
33/11
45/11
10/12
48/12
88/12
21/13
43/13
2/14
25/14
26/14
36/14
90/14
91/14
95/14
18/15
 (Rep. by 25/15)
26/15
35/15
43/15
73/16

 

 

RULES

Analysis

RULE 1
CITATION, APPLICATION AND INTERPRETATION

1.01 Citation

1.02 Application

1.03 Definitions

1.04 References to rules

1.05 Waiver of rule by agreement

1.06 Authority of solicitor to act for a party under rules

1.07 Duties of Registrar

RULE 2
EFFECT OF NON-COMPLIANCE

2.01 Non-Compliance with rules

2.02 Application to set aside for irregularity

RULE 3
TIME

3.01 Computation of time

3.02 Newfoundland Standard Time Act

3.03 Extension, etc., of time

3.04 Notice of intention to proceed after twelve months' delay

RULE 4
RULES AND DOCUMENTS

4.01 Form

4.02 Documents

4.03 Copies of documents for other party

4.04 Practice Notes

PART I

RULE 5
COMMENCEMENT OF PROCEEDINGS

5.01 Mode of commencing a proceeding

5.02 Commencing a proceeding (Application)

5.03 Commencing any other proceeding

5.04 Duty of Registrar on the filing of an originating document

5.05 Issue of concurrent originating document

5.06 Duration and renewal of originating document, etc.

5.07 Right to sue or defend in person or by a solicitor

5.08 Transfer of documents between judicial centres

RULE 5A
COMMENCEMENT OF PROCEEDINGS FOR ENTRY OF JUDGMENT PURSUANT TO STATUTE AND ELECTRONIC FILING OF CERTAIN DOCUMENTS

5A.01 Interpretation

5A.02 Entry of judgment

5A.03 Filing fees

5A.04 Records

5A.05 Amendments

5A.06 Application to set aside judgment

RULE 6
ORIGINATING AND OTHER DOCUMENTS: SERVICE

6.01 General provisions

6.02 Personal Service

6.03 Alternatives to personal service

6.04 Substituted service

6.05 Where notice not received

6.06 Validating service

6.07 Service of an originating document out of the province

6.08 Originating document: manner of service outside the province

6.09 Originating document: proof of service out of the province

6.10 Pleading: service

6.11 Service of non-originating documents

6.12 Service of certain documents on person under disability

6.13 Effect of service after certain hours

6.14 Affidavit of service

6.15 No service required in certain cases

6.16 Default under the Hague Convention

RULE 6A
SERVICE BY TELECOPIER

6A.01 Service by telecopier

6A.02 Cover page

6A.03 Transmission of certain documents

6A.04 When service is effective

RULE 7
CAUSES OF ACTION AND PARTIES

7.01 Joinder of causes of action

7.02 Joinder of parties

7.03 Court may order separate trials, etc.

7.04 Misjoinder and nonjoinder of parties

7.05 Intervenor becoming a party

7.06 Intervenor as amicus curiae

7.07 Change of parties

7.08 Provisions consequential on making of order under rule 7.04 or 7.07

7.09 Actions for possession of land

7.10 Relator actions

7.11 Representative proceeding

7.12 Representation of interested persons who cannot be ascertained, etc.

7.13 Representation of beneficiaries by trustees, etc.

7.14 Representation of deceased person interested in a proceeding

7.15 Parties to mortgage proceedings

7.16 Declaratory judgment

7.17 Conduct of a proceeding

7.18 Public Officers: Death or separation from Office

7.19 Waiver or reduction of fees

7.20 Exemption from costs

RULE 7A
CLASS ACTIONS

7A.01 Interpretation

7A.02 Commencement of proceedings

7A.03 File administration

7A.04 Certification application

7A.05 Application for certification by defendant

7A.06 Subclass certification

7A.07 Class action plan

7A.08 Amendment to pleadings

7A.09 Pre-trial conference

7A.10 Settlement, discontinuance and abandonment

7A.11 Representative proceedings

RULE 8
MINORS AND MENTALLY INCOMPETENT PERSONS

8.01 Person under disability shall commence a proceeding by guardian ad litem

8.02 Appointment of guardian ad litem

8.03 Appointment of guardian where person under disability does not oppose proceeding

8.04 Application to discharge or vary certain orders

8.05 Discovery and interrogatories

8.06 Compromise, etc., by person under disability

8.07 Approval of settlement

8.07A Application for approval of settlement sealed

8.08 Control of money received by person under disability

RULE 9
PARTNERS

9.01 Proceeding by or against a firm or partners

9.02 Disclosure of partners' names

9.03 Where a partner opposes a proceeding or denies the partnership

9.04 Order against firm and partners

9.05 Enforcing order in a proceeding between partners, etc.

9.06 Application to person carrying on business in another name

RULE 10
DEFENCES; FILING AND SERVICE; SETTING ASIDE ORIGINATING DOCUMENT

10.01 The defence

10.02 Filing a defence

10.03 Duty of Registrar on filing defence

10.04 Service of defence

10.05 Application to set aside originating document, etc.

RULE 11
COUNTERCLAIMS

11.01 Counterclaim against a plaintiff

11.02 Counterclaim against plaintiff and other person

11.03 Jurisdiction of Court

11.04 Application of rules to counterclaim and defence to counterclaim

RULE 12
THIRD PARTY PROCEEDINGS

12.01 Definition

12.02 Third party notice

12.03 Application for leave to issue third party notice

12.04 Issue and service of third party notice

12.05 Defence of third party

12.06 Third party directions

12.07 Default of third party

12.08 Third party proceeding set aside or heard separately

12.09 Third and subsequent parties

12.10 Counterclaim by defendant

12.11 Offer of contribution

12.12 Application of rules to Third Party Proceedings

RULE 13
INTERPLEADER

13.01 Entitlement to relief by way of interpleader

13.02 Claim to property taken by sheriff

13.03 Mode of application

13.04 Powers of Court on hearing application

13.05 Summary determination of application by Court

13.06 Power to order sale of goods taken in execution

RULE 14
PLEADINGS

Service of Pleadings

14.01 Service of pleadings

Form of Pleadings

14.02 Pleadings: formal requirements

Rules Applicable to all Pleadings

14.03 Facts, not evidence to be pleaded

14.04 Law may be pleaded

14.05 Presumed facts need not be pleaded

14.06 Conditions precedent

14.07 Documents or conversations

14.08 Pleading in the alternative

14.09 Matter may be pleaded whenever arising

14.10 Departure

14.11 Particulars of pleading

Additional Rules of Pleading Applicable to a Statement of Claim, Counterclaim and Third Party Notice

14.12 Claims for relief

Additional Rules of Pleading Applicable to a Defence and Any Subsequent Pleading

14.13 Traverse and confession and avoidance

14.14 Specific denial of representative capacity, partnership or corporate existence

14.15 Denial of contract, promise or agreement

14.16 Denials in claims arising from debts, bills of exchange, etc.

14.17 Defence - claim for possession of land

14.18 Defence of tender

14.19 Defence of set-off

14.20 Costs of improper denials

Rules of Pleading Applicable to Subsequent Pleadings and Close of Pleadings

14.21 Pleadings subsequent to the defence

14.22 Close of pleadings

Demand for Particulars

14.23 Demand for particulars

Striking Out Pleadings

14.24 Striking out pleadings, etc.

RULE 15
AMENDMENT

15.01 Adding or amending a party to a proceeding

15.02 Amending the text of pleadings filed with the Court

15.03 Form and service of the amended document

15.04 Time limited for serving and filing an amended document

15.05 Filing defence to amended statement of claim, etc.

15.06 Application for disallowance of amendment made without leave

15.07 Amendment of decisions and orders

15.08 Reversal or variation of order

15.09 Power to amend on appeal

15.10 Costs of amendments

RULE 16
DEFAULT OF DEFENCE

16.01 Default of defence: liquidated demands, damages, detention, etc.

16.02 Default of defence: mixed claims

16.03 Default of defence: other claims

16.04 Default of defence: in mortgage actions

16.05 Proof on default

16.06 Setting aside judgment entered by default

16.07 Right of defendant to notice

16.08 Default of defence: counterclaims and third party notice

RULE 17
SUMMARY JUDGMENT

17.01 Application for entry of a summary judgment

17.02 Disposal of application

17.03 Right to continue with residue of proceeding

17.04 Judgment on admission of facts or documents

17.05 Application to a counterclaim or third party proceeding

17.06 Setting aside judgment

RULE 17A
SUMMARY TRIAL AND EXPEDITED TRIAL

17A.01 Summary Trial

17A.02 Evidence on Application

17A.03 Disposition of Application

17A.04 Granting of Judgment

17A.05 Effect of Dismissal of Application

17A.06 Bad Faith

17A.07 Where Trial is Necessary

17A.08 Judge Not to Preside

17A.09 Expedited trial

RULE 18
CONSOLIDATION OF A PROCEEDING

18.01 Consolidation, etc. proceeding

18.02 Separate trials or hearings in a proceeding

RULE 18A
CASE MANAGEMENT

18A.01   Purpose

18A.02   Definitions

18A.03   Case Management Order

18A.04   Case Management Jude

18A.05   Form and Contents of Case Management Order and Subsequent Pleadings

18A.06   Case Management Meetings

18A.07   Case Management Hearings

18A.08   Multiple Proceedings Subject to One Case Management Order

18A.09   Miscellaneous

RULE 19
DISCONTINUANCE AND WITHDRAWAL

19.01 Discontinuance of proceeding, etc., without leave

19.02 Discontinuance of proceeding, etc., with leave

19.03 Costs

19.04 Effect of discontinuance

19.05 Counterclaims and third party proceedings

RULE 20
PAYMENT INTO AND OUT OF COURT AND TENDER

20.01 Payment into Court in satisfaction

20.02 Payment into Court of money tendered

20.03 Acceptance and payment out of money paid into Court in satisfaction

20.04 Costs on payment of money out of Court

20.05 Payment into Court by defendant with counterclaim

20.06 Payment of money out of Court to defendant

20.07 Non-disclosure of payment into Court

20.08 Counterclaims and third party proceedings

20.09 Payment into Court under The Trustee Act

20.10 Money of persons under disability

20.11 Method of payment of money into Court

20.12 Money paid into Court under order, etc.

20.13 Payment of money to estate of deceased person

20.14 Unclaimed balances paid to Consolidated Revenue Fund

RULE 20A
OFFERS TO SETTLE

20A.01 Where Available

20A.02 Time for Making Offer

20A.03 When Offer to Settle may be Revoked

20A.04 Effect of Offer

20A.05 Acceptance of Offer

20A.06 Time for Acceptance

20A.07 Effect of Acceptance

20A.08 Effect of Failure to Accept

20A.09 Multiple Defendants

20A.10 Discretion of Court

20A.11 Offer to Contribute

20A.12 Application to Counterclaims, Cross-Claims or Third Party Claims

RULE 21
SECURITY FOR COSTS

21.01 Security for costs

21.02 Manner of giving security

21.03 Release of security

21.04 Counterclaims and third party proceedings

RULE 22
INJUNCTIONS, INTERIM PRESERVATION OF PROPERTY, SAMPLES, ETC.

22.01 Injunctions

22.02 Detention, preservation or inspection of property

22.03 Samples, experiments or photographs

22.04 Sale of perishable property, etc.

22.05 Recovery of personal property subject to lien, etc.

22.06 Allowance of income of property pendente lite

22.07 Order for early trial, etc.

RULE 23
CHANGE OF SOLICITOR

23.01 Notice of change of solicitor

23.02 Notice of change of agent of solicitor

23.03 Notice of appointment of solicitor

23.04 Notice of intention to act in person

23.05 Removal of solicitor from record at instance of another party

23.06 Withdrawal of solicitor who has ceased to act for party

23.07 Advising the presiding judge

RULE 24
ACCOUNTS

24.01 Summary order for account

24.02 Order of the Court

24.03 Accounts to be made, verified, etc.

24.04 Notice of alleged omissions or errors

24.05 Allowances

RULE 25
RECEIVERS

25.01 Application for receiver and injunction

25.02 Giving of security by receiver

25.03 Remuneration of receiver

25.04 Receiver's accounts

25.05 Default by receiver

RULE 26
SALES BY THE COURT

I. Sales in Mortgage Proceedings

26.01 Sale of mortgaged property on default

26.02 Order for amount due on mortgage

26.03 Order for deficiency

26.04 Order for distribution of surplus

26.05 Foreclosure of subsequent mortgagee

26.06 Payment of amount due on mortgagee

II. Sales: General

26.07 Power to order sale, etc. of property

26.08 Power to order sale in debenture holders' proceeding

26.09 Manner of carrying out sale

26.10 Report of result of sale

26.11 Mortgage, exchange, partition, etc., under order of Court

RULE 27
RECOVERY ORDERS

27.01 Application for an interlocutory order

27.02 Affidavit in support of interlocutory recovery order

27.03 Bond in support of interlocutory recovery order

27.04 Recovery order

27.05 Sheriff's duty under interlocutory recovery order

27.06 Retention or repossession of property taken under an interlocutory recovery order

27.07 Recovery of shares, bonds, etc., of a body corporate

27.08 Remedies of any party or person in relation to an interlocutory recovery order

27.09 Sale or other disposition of property by Court

27.10 Recovery of unique property

27.11 Disclosure

27.12 Final judgment in the proceeding

27.13 Application for a final recovery order

27.14 Granting, etc., of recovery order on holiday

RULE 28
ATTACHMENT ORDERS

28. Rep. by 69/97 s2

RULE 29
APPLICATIONS

29.01 Applications

29.02 Form, filing and issue of application

29.03 Place of hearing of application

29.04 Ex parte applications

29.05 Service of application

29.06 Service of other affidavits

29.07 Counterclaims and third party proceedings

29.08 Filing of documents for use of the Court

29.09 Evidence on hearing of application

29.10 Powers of court on hearing of application

29.11 Proceeding in absence of party failing to attend

29.12 Failure to prosecute application, etc., with dispatch

29.13 Setting aside order

29.14 Order for separate hearings

29.15 Filing of documents

29.16 Record of applications

29.17 Rep. by 111/10 s8

29.18 Application of rules to applications

RULE 30
EXAMINATION FOR DISCOVERY

30.01 Persons who may be examined

30.02 Time of examination

30.03 Examiner

30.04 Notice of examination and attendance fee

30.05 Examination out of the jurisdiction

30.06 Reporting

30.07 Examination and re-examination

30.08 Scope of Examination

30.08A Correcting answers

30.09 Exhibits

30.10 Production of books, papers or documents

30.11 Objections and rulings of examiner

30.12 Delivery of depositions

30.13 Use of depositions as evidence

30.14 Penalty for refusal to attend, etc.

30.15 Order to terminate or limit examination

30.16 Costs

RULE 31
INTERROGATORIES

31.01 Interrogatories to parties or persons

31.02 Form, number, etc. of interrogatories

31.03 Answer to interrogatories

31.04 Insufficient answer

31.05 Failure to comply with order

31.06 Use of answers to interrogatories at trial

31.07 Revocation and variation of orders

RULE 32
DISCOVERY AND INSPECTION OF DOCUMENTS

32.01 List of documents: exchange

32.02 Order for discovery of documents, etc.

32.03 Order for affidavit as to possession or custody of documents

32.04 Admission and production of documents in list of documents

32.05 Inspection of documents

32.06 Production of documents on trial or hearing

32.07 Order for production of documents

32.08 Production of business books

32.09 Newly discovered documents

32.10 Failure to comply with requirements for discovery, etc.

32.11 Revocation and variation of orders

RULE 33
ADMISSIONS

33.01 Voluntary admissions

33.02 Notice to admit facts or documents

33.03 Judgment on admission of facts or documents

33.04 Costs on refusal to admit

33.05 Action on bill of exchange

RULE 34
MEDICAL EXAMINATION

34.01 Order for examination

34.02 Scope of examination

34.03 Persons in attendance at examination

34.04 Medical reports

34.05 Use of medical reports on a trial or hearing

34.06 Penalty for failure to be examined etc.

RULE 35
COURT EXPERTS

35.01 Appointment of expert to report on certain questions

35.02 Report of court expert

35.03 Cross-examination of court expert

35.04 Remuneration of court expert

35.05 Calling of expert witnesses

RULE 36
INSPECTIONS OF REAL AND PERSONAL PROPERTY, ETC.

36.01 Order for Inspection of real or personal property

RULE 37
SPECIAL CASES

37.01 Special case

37.02 Form of special case

37.03 Setting case down with leave

37.04 Court may draw inferences

37.05 Relief by agreement

RULE 37A
COURT ORDERED MEDIATION

37A.01 Definitions

37A.02 Purpose

37A.03 Court ordered mediation

37A.04 Procedure at mediation sessions

37A.05 Failure to attend and other non-compliance

37A.06 Results of mediation

37A.07 Costs of mediation

37A.08 Mediators fees

37A.09 Mediators list

37A.09 Exemption

RULE 38
ORDERS: PRE-TRIAL OR PRE-HEARING

38.01 Preliminary determination of questions of law, etc.

RULE 39
CONFERENCES GENERALLY

39.01 Application of this rule

39.02 Setting down conferences

39.03 General powers

39.04 Attendance

39.05 Conference procedures

39.06 Discussions are without prejudice

39.07 Remote conferencing

39.08 Agreement on issues

39.09 Settlement

39.10 Consequences of failing to file documents

39.11 Consequences of failure to attend conference or lack of preparedness

RULE 39A
PRE-TRIAL CONFERENCES

39A.01   Purpose of pre-trial conferences

39A.02   How to get a matter on the Pre-Trial List

39A.03   Documents to be filed before pre-trial conferences

39A.04   Disposition of pre-trial conference

39A.05   Report of the pre-trial conference

39A.06   Pre-trial conference judge shall not preside at trial

RULE 39B
SETTLEMENT CONFERENCES

39B.01   Purpose of settlement conferences

39B.02   How to get a matter on the Settlement  Conference List

39B.03   Documents to be filed before settlement conferences

39B.04   Communications during a settlement conference

39B.05   Disposition of settlement conference

39B.06   Settlement conference judge shall not preside at trial

RULE 39C
MINI-TRIALS

39C.01   Purpose of mini-trials

39C.02   General power

39C.03   Materials used during mini-trial

39C.04   Communications at mini-trial

39C.05   Mini-trial judge shall not preside at the trial

RULE 40
PLACE AND MODE OF TRIAL AND SETTING DOWN

40.01   Application and interpretation

40.02   Place of trial

40.03   Setting down for trial - trials of 5 days or fewer

40.04   Setting down for trial - General

40.05   Application where no Certificate of Readiness

40.06   Setting down for trial

40.07   Settlement

40.08   Consequences of setting down

40.09   Publication of General List

40.10   Brief for trial judge

40.11   Dismissal for want of prosecution

40.12   Notification of change in status

40.13   Order for separate trials, etc.

40.14   General powers

40.15   Transition

RULE 41
TRIAL SITTINGS

41.01 Dates and places of sittings

41.02 Right of court to extend sittings

RULE 42
TRIAL PROCEDURES

42.01 Failure of all or any party to attend at trial

42.02 Adjournment of trial

42.03 Change of place of trial

42.04 Order of speeches

42.05 Inspection by Court

42.06 Exclusion of witnesses, etc.

42.07 Death of party before giving the decision

42.08 Right of defendant to move for dismissal

42.09 Judgment

42.10 Record of trial

42.11 Exhibits

42.12 Impounded documents

42.13 Trial with jury

RULE 43
TRIALS BEFORE AND INQUIRIES BY REFEREES

43.01 Trial or inquiry before a referee

43.02 Powers, etc. of a referee

43.03 Report of referee

43.04 Transfer from one referee to another

43.05 Assessment of damages or taking of account by referee

RULE 44
ASSESSMENT OF DAMAGES

44.01 Assessment of damages on a trial, etc.

44.02 Judgment entered by default against some but not all defendants

44.03 Assessment of damages to time of assessment

44.04 Assessment of value

44.05 Assessment of damages by jury

RULE 44A
ADVANCE PAYMENT OF DAMAGES

44A.01   Advance payment of damages

44A.02   Application

44A.03   Determination of amount

44A.04   Payment

44A.05 Advance payment not a full determination

44A.06 Multiple applications

44A.07 Notice to defendant

44A.08 Rule not exhaustive

RULE 45
TRIALS WITH JURY

45.01 Trial by jury

45.02 Roll call of jurors

45.03 Selection of jury

45.04 Communication to jury of payment into Court

45.05 Inspection by jury

45.06 Objections to a question at a trial with a jury

45.07 Assessment of damages by jury

45.08 Order of speeches

45.09 Answers of jury

45.10 Costs of trial by jury

RULE 46
EVIDENCE: TRIAL

46.01 Evidence by witnesses

46.02 Scope of examination and cross-examination of witnesses

46.03 Evidence by affidavit

46.04 Evidence of particular facts

46.05 Limitation of expert evidence

46.06 Limitation of plans, etc. in evidence

46.07 Expert witness; evidence of and report

46.08 Proof of any fact or document subsequent to trial

46.09 General power of Court regarding evidence

46.10 Revocation or variation of orders made under foregoing rules

46.11 Depositions: when receivable in evidence at trial

46.12 Use of evidence obtained on discovery

46.13 Use of evidence taken in another proceeding

46.14 Limitations on admissibility of documents

46.15 Documents received in evidence under The Evidence Act

46.16 Evidence of consent of new trustee to act

46.17 Service of notice

46.18 Evidence at trial may be used at any subsequent stage of the proceeding

46.19 Order to produce documents at a trial

46.20 Objections to questions

46.21 Interpreters

46.22 Determination of foreign law

46.23 Subpoena

46.24 Amendment of a subpoena

46.25 Service of a subpoena

46.26 Duration of subpoena

46.27 Subpoena of opposing party

46.28 Failure to obey subpoena

46.29 Application to trials of issues, references, etc.

RULE 47
EVIDENCE BY DEPOSITION

47.01 Power to order deposition to be taken

47.02 Letter of request

47.03 Enforcing attendance of persons at examination

47.04 Appointment of time and place for examination

47.05 Conduct of examination

47.06 Examination of additional persons

47.07 Objection to questions

47.08 Production of documents

47.09 Taking of depositions

47.10 Special report by examiner

47.11 Transfer of examination

47.12 Use of deposition in evidence

47.13 Order for further examination

47.14 Order for payment of examiners fees

47.15 Depositions before proceeding commenced

RULE 47A
ELECTRONIC CONFERENCING

47A.01   Definitions

47A.02   Appearing remotely without prior Court permission

47A.03   Appearing remotely with the permission of the Court

47A.04   Factors to consider

47A.05   Discretion of the Court

47A.06   Costs of conferencing

RULE 48
AFFIDAVITS

48.01 Form of Affidavits

48.02 Contents of Affidavit

48.03 Exhibits

48.04 Affidavit by two or more deponents

48.05 Affidavit of body corporate or partnership

48.06 Affidavit by illiterate or blind person

48.07 Interpreter

48.08 Alterations in affidavits

48.09 Service and filing of affidavits

48.10 Cross-examination of deponent of an affidavit

48.11 Scandalous, etc., matter in affidavit

48.12 Use of defective affidavit

48.13 Proof of signature and seal of functionary taking affidavit

48.14 Use of affidavit in subsequent applications

48.15 Filing of affidavits

RULE 49
ORDERS

49.01 Form of order

49.02 Order requiring an act to be done, etc.

49.03 Drawing up of order

49.04 Settlement of form and entry of order

49.05 Orders made by the Registrar

49.06 Date on which order takes effect

49.07 Costs

49.08 Default and summary judgments

49.09 Conditional order

49.10 Amendment of orders

49.11 Satisfaction of judgment

49.12 Appeals from orders

49.13 Service of order on person not a party

49.14 Powers on hearing of an application

49.15 Order requiring deed or document to be settled

49.16 Advertising for creditors and other claimants

49.17 Examination of claims

49.18 Adjudication of claims

49.19 Certificate of judgment of Supreme Court of Canada

49.20 Judgments under the Canada and the United Kingdom Reciprocal Recognition and Enforcement of Judgments Act

RULE 50
ENFORCEMENT OF ORDERS: GENERAL

50.01 Enforcement of order for the payment or recovery of money

50.02 Enforcement of order for possession of real or personal property

50.03 Enforcement of an order to do or abstain from doing an act

50.04 Where leave to issue orders necessary

50.05 Duration of orders

50.06 Rep. by 69/97 s3

50.07 Execution by or against a person not a party

50.08 Waiver of conditional judgment or order

50.09 Stay of execution for matter occurring after entry of judgment or order

RULE 51
EXECUTION

51.01 Money in Court

51.02 Wrongful execution

RULE 52
RECEIVERSHIP ORDERS

52.01 Application of Rule 50

52.02 Appointment of a receiver to enforce a judgment or order

52.03 Powers of a receiver

52.04 Summary application to the Court

52.05 Costs

RULE 53
CONTEMPT ORDER

53.01 Power to grant contempt order

53.02 Application for leave to apply for a contempt order

53.03 Power of court to order person to appear in court

53.04 Hearing of an application for a contempt order

53.05 The contempt order

53.06 Contempt by a body corporate

53.07 Contempt by a person not a party

53.08 Variation of contempt order

RULE 53A
STAY

53A.01 Notice of appeal not a Stay

53A.02 Judge on application may stay an order

53A.03 Interest not precluded by order of stay

53A.04 Terms of order

53A.05 Rule applies to execution of judgments

RULE 54
CROWN PRACTICE RULES IN CIVIL MATTERS

54.01 Rules to apply

54.02 Order, not writ, shall issue

54.03 Service of originating application

54.04 Appeals

54.05 Power of a judge of the Court of Appeal

I. Certiorari

54.06 Filing and service of application

54.07 Endorsement on originating application

54.08 Return of lower court

II. Quo Warranto

54.09 Application of Rules

54.10 Leave of court required

54.11 Objection to title to be specific

54.12 Substitution or relator

54.13 Consolidation of applications

54.14 Disclaimer

III. Mandamus

54.15 Affidavit of prosecutor

54.16 Mandamus issued by the Court

54.17 Effect of order

RULE 55
COSTS

I. Party and Party Costs: General

55.01 Definition

55.02 Costs in discretion of Court

55.03 When costs follow the event or are determined by the rules

55.04 Party and party costs

55.05 Costs on interlocutory applications

55.06 Costs of a proceeding transferred to the Supreme Court

55.07 Costs on appeal

55.08 Costs when application abandoned

55.09 Costs agreed on settlement

55.10 Costs of a person under disability

55.11 Costs of trustee, personal representative or mortgagee

55.12 Costs of member of class represented by own solicitor

55.13 Costs of several proceedings on one bond, etc.

55.14 Costs arising from misconduct or neglect

II. Solicitor and Client Costs: General

55.15 Costs to be reasonable

55.16 Fee agreement

55.17 Contingent fee agreement must be in writing

55.18 Review of agreement by taxing officer or Court

55.19 Void provisions in agreement

55.20 Death or incapacity of a solicitor

55.21 Costs payable out of trust funds

55.22 Payment in advance or security taken

55.23 Charging property for fees

55.24 Proceeding for costs

III. Taxation of Costs

55.25 Appointment for taxation

55.26 Production of bill of costs by other parties

55.27 Proof of disbursements

55.28 Failure to attend on taxation, etc.

55.29 Powers of taxing officer

55.30 Disallowance of costs by taxing officer

55.31 Costs against fund or estate

55.32 Certificate of taxing officer

55.33 Enforcement of costs

55.34 Special allowances

IV. Appeals from Taxation

55.35 Time and contents of appeal

55.36 Appeal confined to items specified

55.37 Powers of judge on appeal

55.38 Amendment of execution order

Appendix

PART II
PROBATE

RULE 56
PROBATE, ADMINISTRATION AND GUARDIANSHIP RULES

56.01 Priority of right to grant of probate or administration, with will annexed:

56.02 Priority of right to grant of administration

56.03 Persons to whom grant may be made

56.04 Notice of Application

56.04A Caveat

56.05 Form of application

56.06 Contents of application

56.07 Additional contents of application where deceased died testate

56.08 Form of jurat and supporting affidavits

56.09 Will, how marked

56.10 Inventory

56.11 Proof of will

56.12 Translation of will not in English

56.13 Grant of double probate

56.14 Grant of administration d.b.n.

56.15 Direction to omit interlineation, etc.

56.16 Grant where words erased, etc.

56.17 Grants to be sealed and signed by Registrar

56.18 Production of document relating to will

56.19 Proof in solemn form

56.20 Resealing

56.21 Bonds

56.22 Application to dispense with bond

56.23 Who may institute proceedings on bond

56.24 Letters of Guardianship

56.25 Accounts

56.26 Application for appointment and directions

56.27 Order for passing accounts

56.28 Dispensing with accounting: Depositing inventory and accounts

56.29 Filing of releases

56.30 Acts Book

56.31 Endorsements on all grants

56.32 Furnishing of copies by Court

56.33 Administration Forms

56.34 Application

56.35 Electronic filing

56.36 Approval of the registrar

56.37 Original of will etc.

56.38 Electronic Commerce Act

PART II.1
FAMILY LAW PROCEEDINGS

RULE 56A
FAMILY LAW

Division I
Interpretation, Application and Transitional

56A.01 Definitions of terms

56A.02 Interpretation

Division II
General Matters

56A.03 When hearings may be held in private

56A.04 Who may access court records

56A.05 Requirement to keep information confidential

56A.06 Starting a family law proceeding

56A.07 Joining 2 or more claims

56A.08 Naming the parties

56A.09 Location, transfer of family law proceedings

56A.10 How to serve documents

56A.11 Time for serving documents

56A.12 How to oppose a claim and make a claim against the applicant

56A.13 How to respond without opposing

56A.14 How to reply to a response

56A.15 Consequences of not responding

56A.16 How to claim interim relief or get the Court's direction

56A.17 Making an application without notice

56A.18 Making orders without notice

56A.19 Setting aside orders made without notice

56A.20 What may go in an affidavit

56A.21 How case management works

56A.22 What evidence the Court may consider

56A.23 How to set a trial or hearing date

56A.24 Applying for judgment in an uncontested family law proceeding

56A.25 Judgments and orders

56A.26 Costs - general

56A.26A Costs - where offer to settle

Division III
Disclosure

56A.27 What forms to use

56A.28 Child support

56A.29 Custody and access

56A.30 Spousal or parental support

56A.31 Property claims

56A.32 Divorce

56A.33 When parties apply together under the Divorce Act ( Canada )

56A.34 Rejection of application

56A.35 How to require the filing of forms

56A.36 How to require disclosure of other information

56A.37 How to resolve disputes about disclosure

56A.38 Consequences of non-disclosure

56A.39 Requirement to keep information current

56A.40 When non-parties have to disclose

56A.41 Failure to obey disclosure order

Division IV
Proceedings under the Divorce Act (
Canada )

56A.42 How to apply for a divorce

56A.43 Divorce process

56A.44 Where the other party is not objecting

56A.45 Applying jointly for divorce

56A.46 Judgment of divorce

56A.47 Certificate of divorce

56A.48 How to register orders made in another judicial centre under the Divorce Act ( Canada )

56A.49 How to transfer a divorce proceeding

56A.50 Registrar to forward forms

56A.51 Corollary relief proceeding

Division V
Variation of Orders

56A.52 Affidavit supporting an application for variation

56A.53 Copies of documents required

56A.54 Other provisions apply

56A.55 Registrar to forward order - Divorce Act ( Canada )

Division VI
Children - Custody, Access and Support

56A.56 Children must be named

56A.57 Discovery only by leave

56A.58 Documents required in claim for child support

Division VII
Certain Uncontested Family Law Proceedings

56A.59 Applying to nullify a marriage

56A.60 Under the Children's Law Act and the Divorce Act ( Canada )

56A.61 Under the Family Law Act and the Divorce Act ( Canada )

Division VIII
Enforcement under the
Support Orders Enforcement Act

56A.62 Enforcement of judgments and orders

Division IX
Provisional Support Orders - Divorce Act

56A.63 Division definitions

56A.64 Application for provisional variation order

56A.65 Confirmation of provisional variation order

Division IX.1
Interjurisdictional Support Orders

56A.66 Division definitions

56A.67 Receipt of documents from reciprocating jurisdiction

Division X
Other Matters

56A.68 Investigation and report to judge

56A.69 Liberal construction

56A.70 Non compliance with rules

56A.71 Direction from judge

56A.72   Settlement conferences

56A.73   Trial readiness inquiry

Division X.1
Child Protection Cases

56A.74   Proceedings

56A.75   Summary judgment

56A.76   Judicial case conference

Division XI
Applications for the Return of a Child under the Hague Convention on International Child Abduction

56A.77   Definitions

56A.78   Use of these Rules

56A.79   Proceedings shall be dealt with expeditiously

56A.80   Application of the Family Law Rules

56A.81   Commencing an application for the return of a child

56A.82   Service of the application

56A.83   Notice to the central authority and the contact  judge

56A.84   Responding to an application for the return of a child

56A.85   How to oppose a claim

56A.86   How to respond without opposing

56A.87   Default

56A.88   Hearings

56A.89   Disposition

56A.90   Order

56A.91   Family Justice Services

56A.92   Case management

RULE 56B
PROCEEDINGS IN THE UNIFIED FAMILY COURT

56B. Rep. by 30/10 s53

RULE 56C
FAMILY JUSTICE SERVICES PROJECTS

56C.01 Definitions

56C.02 Application

56C.03 Family Justice Services Procedure

56C.04 Consent orders

56C.05 Non-Application of Family Justice Services Division involvement

56C.06 When a matter is urgent

56C.07 Provisional orders

PART III
APPEALS

RULE 57
CIVIL APPEALS
COURT OF APPEAL

57.01 Definitions

57.02 Leave to appeal

57.03 Appeals

57.04 Tribunal Appeals

57.05 Extension of Time

57.06 Transcripts

67.06.1 Alternative to transcript

57.07 Form of Notice of Appeal

57.08 Notice of Intention to Participate

57.09 Cross-appeal

57.10 Stay

57.11 Applications Respecting Initiation of Appeal

57.12 Directions to Clerk of Trial Court

57.13 Security for Costs

57.14 Appeal books

57.15 Factums

57.16 Form of Factum

57.17 Application to Strike Out or Dismiss

57.18 Application to Set Time for Hearing, etc.

57.19 Discontinuance

57.20 Striking Out and Deemed Abandonment of Appeals

57.21 Evidence

57.22 Prehearing Conferences

57.23 Powers of the Court

57.24 Sessions of the Court

57.25 Delivery of Judgment

57.26 Consent Judgment

57.27 Formal Order

57.28 Disposition of Files, etc.

57.29 Entry of Orders by Registrar

57.30 Interlocutory Applications to the Court

57.31 Miscellaneous Powers

(PART IV header rep. by 73/16 s1)

RULE 58
CIVIL APPEALS - TRIAL DIVISION (GENERAL)

58.01 Definitions

58.02 Scope of rule

58.03 How to start an appeal (where leave required)

58.04 How to start an appeal (where no leave required)

58.05 Participation in the appeal

58.06 How to stay a decision being appealed

58.07 How to raise additional issues (cross-appeals)

58.08 Security for costs

58.09 Decision-making authority must file record

58.10 Transcript - Obtaining and serving on parties

58.11 Appeal brief required

58.12 Striking out a notice of appeal or dismissing an appeal

58.13 Resolving pre/post hearing issues

58.14 Setting a hearing date

58.15 Deemed abandonment of an appeal after one year

58.16 Additional evidence on appeal

58.17 Hearing of the appeal

RULE 59
THE REGISTRAR'S COMPENSATION RULE

59.01 Rep. by 36/14 s101

59.02 Rep. by 36/14 s101

59.03 Rep. by 36/14 s101

59.04 Rep. by 36/14 s101

59.05 Rep. by 36/14 s101

59.06 Rep. by 36/14 s101

59.07 Rep. by 36/14 s101

59.08 Rep. by 36/14 s101