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St. John's, Newfoundland and Labrador, Canada

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SNL1986 c42 Schedule D

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
2/17
11/17
4717
89/17


All Forms at the very end of the Rules

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 Default under the Hague Convention
6A.04 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

14.01 Service of pleadings


14.02 Pleadings: formal requirements


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 tex t 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.04 Granting of Judgement


17A.02 Evidence on Application


17A.03 Disposition of Application


17A.04 Granting of Judgement


17A.05 Effect of Dismissal of Application


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 Orders


18A.04 Case Management Judge


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.010 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 Communications at mini-trial


39C.04 Materials used during 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
[Rep. by 11/17]

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

57.01.1 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

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
[Rep. by 36/14 s101]

PART IV
TRIAL DIVISION FAMILY RULES

Section 1 - How to Refer to this Part, What Proceedings this Part Applies to, and How to Interpret this Part


F1 Reference, Application, and Interpretation

Section 2 - Access to the Court and Confidentiality


F2 Access to Court Records


F3 Access to Proceedings

Section 3 - How to Start or Respond to a Proceeding


F4 How to Start a Proceeding


F5 How to Apply to Vary a Final Order


F6 How to Respond to an Originating Application or an Originating Application for Variation


F7 How to Reply to a Response


F8 Providing Notice and Serving Documents on Other Parties or Persons

Section 4 - How to Get Information for your Case


F9 General Rules Relating to Exchanging Information and Documents


F10 Disclosure Requirements


F11 Getting Additional Information


F12 Expert Reports


F13 Investigations and Reports Ordered by a Judge

Section 5 - Court Assistance in Managing your Case


F14 Case Management

Section 6 - Resolving Issues in an Ongoing Proceeding (Making Interim Applications)


F15 General Rules Applicable to Interim Applications


F16 Interim Applications without Notice for a Procedural Order


F17 Emergency Interim Applications (Getting a Temporary Order)


F18 Interim Applications with Notice


F19 Varying an Interim Order before a Final Order is made

Section 7 - Facilitated Resolution of Claims


F20 Responsibility of Parties


F21 Confidentiality and Use of Information in Dispute Resolution


F22 Family Justice Services


F23 Offers to Settle


F24 Court Ordered Mediation


F25 Settlement Conferences

Section 8 - Resolving Claims without a Trial

F26 Uncontested Proceedings


F27 Pre-Trial Determination of Question of Fact or Law


F28 Summary Judgment

Section 9 - Trial Procedure


F29 How to Get a Trial Date


F30 Trial Readiness Conferences


F31 Informal Trial


F32 Evidence and Affidavits

Section 10 - Costs, Orders, Judgments, and Enforcement

F33 Costs


F34 Orders, Judgments, and Enforcement

Section 11 - Special Rules Applicable to Certain Types of Proceedings


F35 Provisional Support Orders - Divorce Act


F36 Interjurisdictional Support Orders


F37 Child Protection Proceedings


F38 Applications for the Return of a Child under the Hague Convention on International Child Abduction


F39 Review of Emergency Protection Orders made under the Family Homes on Reserves and Matrimonial Interests or Rights Act

Section 12 - General Rules


F40 Court Administration


Forms