Rules of the Supreme Court, 1986

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 47/17 89/17 97/17 111/17 9/18 17/18 2018 cC-12.3 s131 46/20 9/21 10/21 12/21 33/22 77/22 4/24 104/24 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 requirements 4.02A Filing documents 4.03 Copies of documents for other party 4.04 Practice Notes RULE 4A ACCESS TO COURT RECORDS 4A.01 Confidentiality orders 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 ELECTRONIC TRANSMISSION OR FAX 6A.01 Service by electronic transmission or fax 6A.02 Information included 6A.03 Limits on document size 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 Settlementm, 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 Interpretation 17A.02 Evidence on application 17A.03 Disposition of application 17A.04 Granting of judgment 17A.05 Effect of dismisssal 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 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 30A.08 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.10 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 mater 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 Disposition of settlement conference 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 Not precluded from being trial judge 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-trail 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 Assessment of damages to time of assessment 44A.04 Assessment of value 44A.05 Advancement of 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 aplication 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 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. PART II.1 FAMILY LAW PROCEEDINGS [Rep. by 11/17] PART III APPEALS RULE 57 CIVIL APPEALS COURT OF APPEAL [Rep. by 111/17] 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 F3A Interpreters Section 3 - How to Start or Respond to a Proceeding F4 How to Start a Proceeding F4A Notice of Intention to Proceed after Twelve Months' Delay 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 F16A Interim Applications under the Family Orders and Agreements Enforcement Assistance Act 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 F25A Discontinuance and Withdrawal 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 Interjurisdictional Support Proceedings - Divorce Act F36 Interjurisdictional Support Orders F37 Child Protection Proceedings F37A Adult 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 F41 Appearing Remotely Rules of the Supreme Court, 1986 Forms