| Contents |
| Rule 1 — Citation, Application and Interpretation |
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(1) | Citation |
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(2) | Idem |
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(3) | Idem |
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(4) | Application |
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(5) | Object of rules |
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(6) | Interpretation |
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(7) | Titles and headings |
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(8) | Definitions |
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(9–10) | Repealed |
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(11) | Waiver of rule by agreement |
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(12) | Orders on terms and conditions |
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(13) | Petitions and applications |
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(14) | Enactments of Canada |
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(15) | Mutatis mutandis |
| Rule 2 — Effect of Non-compliance |
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(1) | Non-compliance with rules |
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(2) | Idem |
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(3) | Idem |
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(4) | Application to set aside for irregularity |
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(5) | Consequences of certain non-compliance |
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(6) | Idem |
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(7) | Dismissal for want of prosecution |
| Rule 3 — Time |
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(1) | Computation of time |
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(2) | Extending or shortening time |
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(3) | Idem |
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(3.1) | Short notice applications |
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(3.2) | Form of applications |
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(4) | Notice of intention to proceed after delay of one year |
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(5) | Want of prosecution |
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(6) | Attendance |
| Rule 4 — Forms and Documents |
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(1) | Forms |
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(2) | Documents |
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(3) | Idem |
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(3.1) | Space for stamp |
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(4) | Style of proceeding |
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(4.1) | Style of proceeding for class proceeding |
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(5) | Signature and dating |
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(6) | Address for delivery |
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(7) | Required address |
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(7.1) | Required address must be available for delivery of documents |
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(8) | Additional addresses for delivery |
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(9) | Address must be in British Columbia |
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(10) | Change of address for delivery |
| Rule 5 — Multiple Claims and Parties |
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(1) | Multiple claims |
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(2) | Multiple parties |
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(3) | Idem |
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(4) | Idem |
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(5) | Idem |
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(6) | Separation |
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(7) | Idem |
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(8) | Consolidation |
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(9) | Misjoinder or nonjoinder of parties |
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(10) | Carriage by Air Act |
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(11) | Representative proceeding |
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(12) | Idem |
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(13) | Enforcement of order made in representative proceeding |
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(14) | Representation of interested person who cannot be ascertained |
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(15) | Idem |
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(16) | Idem |
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(17) | Representation of beneficiaries by trustees |
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(18) | Idem |
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(19) | Representation of deceased person interested in a proceeding |
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(20) | Idem |
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(21) | Person as relator |
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(22) | Declaratory order |
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(23) | Conduct of a proceeding |
| Rule 6 — Persons under Disability |
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(1) | Interpretation |
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(2) | Commencement of proceedings by person under disability |
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(3) | Idem |
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(4) | Idem |
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(5) | Litigation guardian |
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(6) | Committee as litigation guardian |
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(7) | Consent of litigation guardian |
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(8) | Certificate of fitness |
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(8.1) | Certificate for a litigation guardian |
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(9) | Party becoming incompetent |
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(10) | Removal of litigation guardian |
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(10.1) | Party attaining age of majority |
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(10.2) | Effect of filing affidavit |
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(11) | Step in default |
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(12) | Idem |
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(13) | Idem |
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(14) | Compromise by person under disability |
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(15) | Approval of compromise |
| Rule 7 — Partnerships |
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(1) | Partners may sue or be sued in firm name |
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(2) | Service on firm |
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(3) | Appearance |
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(4) | Affidavit naming partners |
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(5) | Idem |
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(6) | Execution against partnership or partners |
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(7) | Idem |
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(8) | Idem |
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(9) | Idem |
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(10) | Action against person carrying on business in a name other than the person's own |
| Rule 8 — Form and Commencement of Proceedings |
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(1) | Writ of summons |
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(2) | Endorsement |
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(3) | Form |
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(4) | Service |
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(5) | Representative action |
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(6–7) | Repealed |
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(8) | Writ of summons to be signed |
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(9) | Sealing of writ of summons |
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(10) | Registrar's copy of writ of summons |
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(11) | Procedure on filing writ of summons |
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(12) | Lost writ of summons |
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(13) | Proceedings under the Wills Variation Act |
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(14) | Idem |
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(15) | Idem |
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(16) | Idem |
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(17) | Repealed |
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(18) | Application to petition |
| Rule 8A — Transfer of Proceedings from Provincial Court |
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(1) | Definition |
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(2) | These rules apply to transferred proceedings |
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(3) | Pleadings |
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(4) | Plaintiff must file and serve statement of claim |
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(5) | When statement of claim to be filed and served |
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(6) | Statement of defence and counterclaim |
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(7) | Previous address for delivery |
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(8) | New address for delivery |
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(9) | Filing fees |
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(10) | New filing is not an amendment |
| Rule 8B — Transfer of Proceedings from Foreign Courts |
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(1) | Court may require translation for transferred proceeding |
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(2) | Entry prohibited until security given |
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(3) | Translation and security expenses may be claimed as disbursements |
| Rule 9 — Renewal of Writ |
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(1) | Renewal of original writ of summons |
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(2) | Renewal of renewed writ of summons |
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(3) | Renewal of writ of summons |
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(4) | Repealed |
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(5) | Application to petition |
| Rule 10 — Originating Application |
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(1) | Originating application |
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(2) | Originating application by consent or if notice not required |
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(3) | Originating application by petition |
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(4) | Service |
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(5) | Response |
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(6) | Time for response |
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(7) | Reply by petitioner |
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(8) | No additional affidavits |
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(9–14) | Repealed |
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(15–16) | Repealed |
| Rule 11 — Service and Delivery of Documents |
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(1) | Service of writ of summons |
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(2) | How service effected |
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(3) | Date of deemed service |
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(4) | Service on agent |
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(5) | Service on Attorney General |
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(6) | Service on a party of record |
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(6.1) | How to deliver a document |
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(6.2) | Restrictions on fax |
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(6.3) | When delivery by mail is effective |
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(6.4) | When delivery by fax is effective |
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(6.5) | If document does not reach person |
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(7) | Proof of service or delivery |
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(8) | Service or delivery acknowledged by solicitor |
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(9) | Repealed |
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(10) | Delivery where no address for delivery given |
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(11) | Service on member of Canadian Armed Forces |
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(12) | Proof of service by sheriff |
| Rule 12 — Substituted Service |
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(1) | Court may order substituted service |
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(2) | How substituted service effected |
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(3) | Service of order required |
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(4) | Substituted service at residence without order |
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(5) | Effective date of service |
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(6) | Affidavit |
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(7) | Substituted service by mail without order |
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(8) | Effective date of service |
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(9) | Affidavit |
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(10) | Limits on substituted service |
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(11) | If document does not reach person |
| Rule 13 — Service Outside British Columbia |
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(1) | Service outside British Columbia without leave |
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(2) | Idem |
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(3) | Application for leave to service outside the jurisdiction |
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(4) | Applications may be made without notice |
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(5) | Service of order, etc. |
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(6) | Time for appearance |
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(6.1) | Time for appearance may be shortened |
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(7) | Where service without leave valid |
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(8) | Contract containing terms for service |
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(9) | Idem |
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(10) | Repealed |
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(11) | Definition |
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(12) | Manner of service abroad |
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(13) | Proof of service abroad |
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(14) | Forms |
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(15) | Certificate |
| Rule 14 — Appearance |
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(1) | Filing of appearance |
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(2) | Repealed |
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(3) | Time for appearance |
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(4) | Appearance after time for appearance |
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(5) | Conditional appearance |
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(6) | Disputed jurisdiction |
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(6.1) | Order declining jurisdiction may be sought |
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(6.2) | Disputed process or service |
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(6.3) | Powers of court pending resolution |
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(6.4) | Party does not submit to jurisdiction |
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(7-8) | Repealed |
| Rule 15 — Change of Parties |
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(1) | Party's death, bankruptcy, etc. |
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(2) | Idem |
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(3) | Assignment or conveyance of interest |
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(4) | Change or transmission of interest or liability |
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(5) | Removing, adding or substituting party |
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(6) | Procedure where order made |
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(7) | Effect of order |
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(8) | Prosecution of action where plaintiff or petitioner dies |
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(9) | Idem |
| Rule 16 — Change of Solicitor |
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(1) | Change of solicitor |
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(2) | Order that solicitor has ceased to act |
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(3) | Repealed |
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(4) | Order on application of solicitor |
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(5) | Notice of withdrawal |
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(6) | Filing of objection |
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(7) | Procedure where no objection filed |
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(8) | Delivery of notice of withdrawal |
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(9) | Delivery of documents after withdrawal |
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(10) | Procedure where objection filed |
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(11) | Substituted service |
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(12) | Delivery of copy of order |
| Rule 17 — Default of Appearance to Writ |
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(1) | Default in filing of appearance |
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(2) | Filings required |
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(3) | Claim for debt or liquidated demand |
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(4) | Idem |
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(5) | Claim for unliquidated damages |
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(6) | Claim for detention of goods |
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(7) | Multiple claims |
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(8) | Method of assessment |
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(9) | Judgment in other claims |
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(10) | Idem |
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(11) | Application to judge or master |
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(12) | Court may set aside or vary default judgment |
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(13) | Alternative methods of assessment |
| Rule 18 — Summary Judgment in Action |
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(1) | Application for |
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(2) | Order for |
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(3) | Continuing proceedings after summary judgment |
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(4) | Summary judgment on counterclaim or third party proceeding |
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(5) | Setting aside or varying summary judgment |
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(6) | Summary judgment for defendant |
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(7) | Order for summary judgment for defendant |
| Rule 18A — Summary Trial |
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(1) | Application |
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(1.1) | When application must be heard |
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(2) | Setting application for hearing |
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(3) | Evidence on application |
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(4) | Application of Rule 40 |
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(4.1) | Application of Rule 40A |
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(5) | Filings with application |
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(6) | Notice of evidence to be used on application |
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(7) | Time for giving notice |
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(8) | Ancillary orders and directions |
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(9) | Repealed |
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(10) | Preliminary directions |
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(10.1) | Ancillary or preliminary orders and directions may be made at or before application |
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(10.2) | Judge not seized of application |
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(11) | Judgment |
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(12) | No further application without leave |
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(13) | Directions |
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(14) | Repealed |
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(15) | Right to vary or set aside order |
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(16) | Order if jury notice filed |
| Rule 19 — Pleadings Generally |
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(1) | Contents |
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(2) | Idem |
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(3) | Idem |
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(4) | Idem |
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(5) | Form |
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(6) | Matters arising since commencement |
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(7) | Inconsistent allegations |
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(8) | Alternative allegations |
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(9) | Objection in point of law |
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(9.1) | Pleading conclusions of law |
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(10) | Status admitted |
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(11) | Where particulars necessary |
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(11.1) | Further particulars |
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(12) | Particulars in libel or slander |
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(13) | Set-off or counterclaim |
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(14) | Filing and delivery of pleadings |
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(15) | Pleading after the statement of claim |
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(16) | Order for particulars |
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(17) | Demand for particulars |
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(18) | Demand for particulars not a stay of proceedings |
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(19) | Denial required if fact not admitted |
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(20) | General denial sufficient except where proving different facts |
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(21) | Substance to be answered |
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(22) | Denial of contract |
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(23) | Allegation of malice |
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(24) | Scandalous, frivolous or vexatious matters |
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(25) | Idem |
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(26) | Idem |
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(27) | Idem |
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(28) | General relief |
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(29) | General damages shall not be pleaded |
| Rule 20 — Statement of Claim |
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(1) | Form |
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(2) | Delivery |
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(3) | Altering claim from that endorsed on the writ |
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(4) | Place of trial |
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(5) | Specific relief |
| Rule 21 — Statement of Defence and Counterclaim |
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(1) | Form |
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(2) | Bills of exchange |
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(3) | Contracts |
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(4) | Damages |
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(5) | Delivery |
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(6) | Counterclaim |
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(7) | Idem |
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(8) | Counterclaim against plaintiff and another person |
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(9) | Idem |
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(10) | Idem |
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(11) | Idem |
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(12) | Defence to counterclaim |
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(13) | Separate trial of counterclaim |
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(14) | Where action stayed or discontinued |
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(15) | Judgment |
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(16) | Payment into court when tender pleaded |
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(17) | Costs where defence of tender successful |
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(18) | Acceptance of money paid into court |
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(19) | Tender in defamation action |
| Rule 22 — Third Party Procedure |
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(1) | Filing a third party notice |
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(2) | Contents of a third party notice |
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(3) | When leave is required |
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(4) | Application for leave |
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(5) | Service and delivery of a third party notice |
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(6) | Application to set aside notice |
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(7) | Appearance |
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(8) | Statement of defence |
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(9) | Reply |
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(10) | Default of appearance |
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(11) | Default of statement of defence |
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(12) | Relief |
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(13) | Statement of defence to statement of claim |
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(14) | Contribution or indemnity claimed under the Negligence Act |
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(15) | Apportionment of liability claimed under the Negligence Act |
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(16) | When statement of defence to third party notice not required |
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(17) | Application for directions |
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(18) | Third party procedure not to prejudice the plaintiff |
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(19) | Trial |
| Rule 23 — Reply and Subsequent Pleadings |
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(1) | Form |
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(2) | Delivery of reply |
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(3) | Pleading subsequent to reply |
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(4) | Statement of defence to counterclaim |
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(5) | Close of pleadings |
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(6) | Failure to reply |
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(7) | No joinder of issue |
| Rule 24 — Amendment |
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(1) | When amendment may be made |
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(2) | How amendments made |
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(3) | Idem |
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(4) | Service of amended pleading |
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(5) | Amendment at trial |
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(6) | Service or delivery of amended document |
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(7) | Time for appearance to amended writ or petition |
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(8) | Amendments consequent upon amendment |
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(9) | Failure to deliver amended statement of defence |
| Rule 25 — Default of Pleading |
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(1) | Default in filing and delivering a statement of claim |
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(2) | Default in filing and delivering a statement of defence |
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(3) | Filings required |
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(4) | Claim for debt or liquidated demand |
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(5) | Idem |
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(6) | Claim for unliquidated damages |
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(7) | Claim for detention of goods |
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(8) | Multiple claims |
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(9) | Application to judge or master |
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(10) | No defence to part of claim |
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(11) | No execution on default judgment where there is a counterclaim |
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(12) | Judgment in other claims |
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(13) | Default by one of several defendants |
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(14) | Method of assessment |
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(15) | Court may set aside or vary default judgment |
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(16) | Alternative methods of assessment |
| Rule 26 — Discovery and Inspection of Documents |
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(1) | Delivery of and answer to demand for discovery of documents |
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(1.1) | Court may order delivery of list of documents |
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(1.2) | Court may excuse performance |
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(1.3) | Documents to be enumerated |
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(1.4) | Insurance policy |
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(1.5) | Information not to be disclosed |
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(1.6) | Insurance policy |
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(2) | Claim for privilege |
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(2.1) | Nature of privileged documents to be described |
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(3) | Affidavit verifying list of documents |
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(4) | Application for specific documents |
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(5) | Idem |
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(6) | Cross-examination on affidavit |
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(7) | Inspection of documents |
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(8) | Production of document referred to in pleadings |
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(9) | Copies of documents |
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(10) | Order to produce document |
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(11) | Idem |
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(12) | Inspection of document by court |
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(13) | Supplementary list of documents |
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(14) | Party may not use document |
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(15) | Determination of issue before discovery |
| Rule 27 — Examination for Discovery |
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(1) | Leave of the court not required |
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(2) | Oral examination on oath |
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(3) | Examination of party adverse in interest |
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(4) | Examination of director, etc. |
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(5) | Examination of employees, agents, etc. |
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(6) | Corporation to name person for examination |
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(7) | Examination of partners |
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(8) | Examination of party for whose benefit action brought |
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(9) | Examination of assignor |
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(10) | Examination of guardian and infants |
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(11) | Examination of mentally incompetent person |
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(12) | Examination of bankrupt |
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(13) | Time |
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(14) | Place |
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(15) | Examination before reporter |
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(16) | Appointment |
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(17) | Delivery of notice |
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(18) | Repealed |
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(19) | Idem |
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(20) | Production of documents |
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(21) | Examination and re-examination |
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(22) | Scope of examination |
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(22.1) | Scope includes insurance |
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(22.2) | Information not to be disclosed |
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(22.3) | Insurance policy |
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(23) | Idem |
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(24) | Objections |
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(25) | How recorded |
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(26) | Application to persons outside British Columbia |
| Rule 28 — Pre-trial Examination of Witness |
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(1) | Order for |
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(2) | Expert |
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(3) | Affidavit in support of application |
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(4) | Notice of application |
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(5) | Subpoena |
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(6) | Notice of examination |
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(7) | Mode of examination |
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(8) | Application of examination for discovery rules |
| Rule 29 — Discovery by Interrogatories |
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(1) | Service of and answer to interrogatories |
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(2) | Where a party is a body of persons |
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(3) | Time for service |
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(4) | Where more than one person to answer interrogatories |
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(5) | Objection to answer interrogatory |
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(6) | Insufficient answer to interrogatory |
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(7) | Application to strike out interrogatory |
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(8) | Delivery of interrogatories to solicitor |
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(9) | Idem |
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(10) | Continuing obligation to answer |
| Rule 30 — Physical Examination and Inspection |
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(1) | Order for medical examination |
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(2) | Subsequent examinations |
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(3) | Questions by examiner |
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(4) | Order for inspection and preservation of property |
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(5) | Entry upon land or buildings |
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(6) | Application to persons outside British Columbia |
| Rule 31 — Admissions |
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(1) | Notice to admit |
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(2) | Effect of notice to admit |
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(3) | Copy of document to be attached |
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(4) | Unreasonable refusal to admit |
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(5) | Withdrawal of admission |
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(6) | Application for order on admissions |
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(7–9) | Repealed |
| Rule 32 — Inquiries, Assessments and Accounts |
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(1) | Direction for inquiries, assessments or accounts |
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(2) | Certificate as to result |
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(3) | Report and recommendation |
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(4) | Application to vary or confirm recommendation |
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(5) | Time and place of hearing |
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(6) | Appointment |
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(7) | Witnesses |
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(8) | Certificate or recommendation to be filed and served |
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(8.1) | Party may file certificate |
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(9) | Opinion of the court |
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(10) | Accounts of executor, trustee, etc. |
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(11) | Special directions |
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(12) | Varying directions |
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(13) | Form of account |
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(14) | Particulars of errors in account |
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(15) | Repealed |
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(16) | Notice of order |
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(17) | Dispensing with service |
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(18) | Person may apply to vary or rescind |
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(19) | Person may enter appearance |
| Rule 32A — Court Appointed Experts |
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(1) | Appointment by court |
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(2) | Idem |
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(3) | Directions to expert |
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(4) | Contents of order appointing expert |
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(5) | Remuneration of expert |
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(6) | Security for remuneration |
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(7) | Report |
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(8) | Report filed as evidence |
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(9) | Further reports |
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(10) | Cross-examination of expert |
| Rule 33 — Special Case |
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(1) | Statement of special case |
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(2) | Court may order special case |
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(3) | Form of special case |
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(4) | Hearing of special case |
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(5) | Order after hearing of special case |
| Rule 33A — Stated Cases |
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(1) | Definitions |
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(2) | Application |
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(3) | Material to be filed |
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(4) | Identification of parties and others |
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(5) | Contents |
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(6) | Delivery of notice of stated case |
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(7) | Powers of court |
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(8) | Requirement for appearance |
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(9) | Notice of hearing of stated case |
| Rule 34 — Proceedings on a Point of Law |
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(1) | Point of law may be set down for hearing |
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(2) | Court may dispose of whole action |
| Rule 35 — Pre-trial Conference |
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(1) | Request for pre-trial conference |
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(2) | Order for pre-trial conference |
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(3) | Agenda of pre-trial conference |
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(3.1) | Interlocutory application at a pre-trial conference |
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(4) | Order following pre-trial conference |
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(5) | Idem |
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(6) | Idem |
| |
(7) | Pre-trial judge may preside |
| |
(8) | When judge shall not preside |
| Rule 36 — Discontinuance and Withdrawal |
| |
(1) | Discontinuance by plaintiff |
| |
(2) | Idem |
| |
(3) | Withdrawal by defendant |
| |
(4) | Costs and default procedure on discontinuance or withdrawal |
| |
(5) | Idem |
| |
(6) | Idem |
| |
(7) | Idem |
| |
(8) | Discontinuance not a defence |
| |
(9) | Application to counterclaim, etc. |
| Rule 37 — |
| Rule 37A — |
| Rule 37B — Offer To Settle |
| |
(1) | Definition |
| |
(2) | Offer not to be disclosed |
| |
(3) | Offer not an admission |
| |
(4) | Offer may be considered in relation to costs |
| |
(5) | Cost options |
| |
(6) | Considerations of court |
| |
(7) | Costs for settlement in cases within small claims jurisdiction |
| |
(8) | Counter offer |
| Rule 38 — Depositions |
| |
(1) | Examination of person |
| |
(2) | Grounds for order |
| |
(3) | Subpoena |
| |
(4) | Place of examination |
| |
(5) | Application of rule outside British Columbia |
| |
(6) | Where person willing to testify |
| |
(7) | Where person not willing to testify |
| |
(8) | Letter of request |
| |
(9) | Filing of undertaking |
| |
(10) | Notice of examination |
| |
(11) | Mode of examination |
| |
(12) | Objection to question |
| |
(13) | Recording of deposition evidence |
| |
(14) | Perpetuating testimony |
| Rule 39 — Trial |
| |
(1) | Application |
| |
(2) | When notice of trial may be given |
| |
(3) | Obtaining trial date |
| |
(4) | Idem |
| |
(5) | Registry |
| |
(5.1–5.2) | Repealed |
| |
(6) | Delivery of notice of trial |
| |
(7) | Place of trial |
| |
(8) | Time of trial |
| |
(9) | Court may adjourn trial date, etc. |
| |
(10) | Duty to inform registry |
| |
(11) | Trial record for the court |
| |
(11.1) | Powers of registrar respecting trial records |
| |
(11.2) | Trial record documents to be marked |
| |
(12) | Filing and delivery of trial record |
| |
(13) | Amended trial record |
| |
(14) | Direction as to trial record |
| |
(15–18) | Repealed |
| |
(19) | Trial certificate |
| |
(20) | What certificate must contain |
| |
(21) | Service |
| |
(22) | Failure to file |
| |
(23) | Idem |
| |
(24) | Trial without jury generally |
| |
(25) | Trial without jury in certain proceedings |
| |
(26) | Notice requiring jury trial |
| |
(26.1) | Jury notice not to prevent transfer of proceeding |
| |
(27) | Court may refuse jury trial |
| |
(28) | Trial with assessor |
| |
(29) | Trial of one question before others |
| |
(30) | Trial by different modes of trial |
| |
(31) | Calculation of amount by officer of the court |
| |
(32) | Failure of all parties to appear at trial |
| |
(33) | Failure of one party to appear at trial |
| |
(34) | Court may set aside judgment |
| |
(35) | Repealed |
| |
(36) | Commencement — subrules (19) to (23) |
| Rule 40 — Evidence and Procedure at Trial |
| |
(1) | Application |
| |
(2) | Witness to testify orally |
| |
(3) | Court may vary order |
| |
(4) | Use of transcript of other proceedings |
| |
(5) | Transcript for the court |
| |
(6) | Use of recording device by counsel |
| |
(7) | Failure to prove a material fact |
| |
(8) | No evidence motion |
| |
(9) | Idem |
| |
(10) | Insufficient evidence motion |
| |
(11) | Idem |
| |
(12) | Notice to produce |
| |
(12.1) | Numbering exhibit pages |
| |
(13) | Opportunity to inspect exhibit |
| |
(14) | Registry to take charge of exhibits |
| |
(15) | Return of exhibits |
| |
(16) | Disposal of exhibits after final disposition |
| |
(16.1) | Notice respecting disposal of exhibits before final disposition |
| |
(16.2) | Disposal of exhibits before final disposition |
| |
(16.3) | If exhibit disposed of |
| |
(16.4) | If exhibit destroyed |
| |
(17) | Adverse party as witness |
| |
(17.1) | Notice to call adverse party as witness |
| |
(17.2) | Exceptions |
| |
(17.3) | Application to set notice aside |
| |
(17.4) | Court may make order |
| |
(18) | "Adverse party" defined |
| |
(19) | Refusal to comply with notice |
| |
(20) | Adverse party as witness may be cross-examined |
| |
(21) | Examination of witnesses |
| |
(22) | Any party may contradict testimony |
| |
(23) | Use of deposition evidence |
| |
(24) | Use of videotape, etc. |
| |
(25) | Proof of deposition evidence |
| |
(26) | Deposition to be given in full |
| |
(27) | Use of discovery evidence |
| |
(28) | Discovery evidence of person under disability |
| |
(29) | Transcripts of discovery evidence |
| |
(30) | Use of pre-trial examination of a witness |
| |
(31) | Objection to transcript evidence at trial |
| |
(32) | Custody of transcripts |
| |
(33) | Use of interrogatories at trial |
| |
(34) | Form of subpoena |
| |
(35) | Party may prepare and serve subpoena |
| |
(36) | Subpoena not to be filed or sealed |
| |
(37) | Service of subpoena |
| |
(38) | Fees to accompany subpoena |
| |
(39) | Production of documents and physical objects |
| |
(40) | Order for attendance of witness in custody |
| |
(41) | Failure of witness to attend, etc. |
| |
(42) | Order setting aside subpoena |
| |
(43) | Clerk to note time of trial |
| |
(44) | Affidavit evidence |
| |
(45) | Copy of affidavit must be furnished |
| |
(45.1) | Cross-examination |
| |
(45.2) | Court may extend or abridge time to require witness attendance |
| |
(46) | Contents |
| |
(47–48) | Repealed |
| |
(49) | Idem |
| |
(50) | Costs where attendance unnecessary |
| |
(51) | Repealed |
| |
(52) | Evidence of particular facts |
| |
(53) | Order of speeches |
| |
(54) | Court may make order respecting submissions |
| Rule 40A — Evidence of Experts |
| |
(1) | Application |
| |
(2) | Admissibility of written statements of expert opinion |
| |
(3) | Admissibility of oral testimony of expert opinion |
| |
(4) | Idem |
| |
(5) | Form of statement |
| |
(6) | Proof of qualifications |
| |
(7) | Admissibility of evidence |
| |
(8) | Notice of trial date to expert |
| |
(9) | Demand to cross-examine |
| |
(10) | Idem |
| |
(11) | Idem |
| |
(12) | Costs of cross-examination |
| |
(13) | Notice of objection to expert evidence |
| |
(14) | Idem |
| |
(15) | Dispensing with statement |
| |
(16) | Idem |
| |
(17) | Time |
| Rule 41 — Orders |
| |
(1) | No application for judgment necessary |
| |
(2) | Judgment impossible on jury findings |
| |
(3) | Only partial judgment possible on jury findings |
| |
(4) | Jury failing to reach verdict |
| |
(5) | Retrial |
| |
(6) | Continuing trial without jury |
| |
(7) | Idem |
| |
(8) | Drawing and approving orders |
| |
(9) | Form of order |
| |
(10) | Endorsement of order on application sufficient in certain cases |
| |
(11) | Order granted conditionally on document to be filed |
| |
(12) | Waiver of order obtained upon condition |
| |
(13) | Effect and form of orders |
| |
(14) | Date of order |
| |
(15) | Requirement of consent order |
| |
(16) | Application by consent |
| |
(16.1) | Application by consent if party under a disability |
| |
(16.2) | Consent order |
| |
(16.3) | Application of which notice is not required |
| |
(16.4) | Referral by registrar |
| |
(16.5) | Disposition of referred applications |
| |
(17) | Repealed |
| |
(18) | Settlement of orders |
| |
(19) | Appointment to settle |
| |
(20) | Party failing to attend on appointment to settle |
| |
(21) | Review of settlement |
| |
(22) | Registrar may draw order |
| |
(23) | Special directions for carriage, entry or service |
| |
(24) | Correction of orders |
| |
(25) | Order book to be kept by registry |
| |
(26) | Opinions, advice and directions of the court |
| Rule 42 — Enforcement of Orders |
| |
(1) | Order to pay money to a person |
| |
(2) | Order to pay money into court |
| |
(3) | Order for recovery or delivery of land |
| |
(4) | Order for recovery or delivery of property other than land |
| |
(5) | Appointment of receiver |
| |
(6) | Execution by or against person not a party |
| |
(7) | Remedy on non-compliance with mandatory order |
| |
(8) | Issue of execution on conditional order |
| |
(9) | Issue of execution on change of parties |
| |
(10) | Production of order before execution |
| |
(11) | Endorsement of writ |
| |
(12) | Issue of writ of sequestration, possession or delivery |
| |
(13) | Issue of writ of execution where order to pay money within a period |
| |
(14) | Issue of writ of execution |
| |
(15) | Term and renewal of writ of execution |
| |
(16) | Enforcement costs |
| |
(17) | Separate writs for costs |
| |
(18) | Judgment for recovery of property other than land |
| |
(19) | Acknowledgment of payment |
| |
(20) | Order that judgment has been paid |
| |
(21) | Stay of execution |
| |
(22) | Application for directions |
| |
(23) | Subpoena to debtor |
| |
(24) | Idem |
| |
(25) | Service of subpoena |
| |
(26) | Examination of debtor |
| |
(27) | Examiner |
| |
(28) | Examination |
| |
(29) | Adjournment |
| |
(30) | Debtor refusing to attend, etc. |
| |
(31) | Creditor failing to attend, etc. |
| |
(32) | Debtor unreasonably refusing to pay |
| |
(33) | Order for payment |
| |
(34) | Notice of application for committal |
| |
(35) | Order for committal |
| |
(36) | Form of order |
| |
(37) | Term of order |
| |
(38) | Payment to sheriff |
| |
(39) | Debtor to be brought before court |
| |
(40) | Application to set aside or vary order |
| |
(41) | Payment of debt |
| |
(42) | Requisition for discharge |
| |
(43) | Failure to pay sheriff |
| |
(44) | Liability imposed by order |
| |
(45) | Enforcement of alimony or maintenance order |
| |
(46) | Enforcement of certificate |
| Rule 42A — Examination in Aid of Execution |
| |
(1) | Examination of debtor |
| |
(2) | Examination of corporate, partnership or firm debtor |
| |
(3) | Limitation |
| |
(4) | Examination of person other than debtor |
| |
(5) | Order in certain cases |
| |
(6) | Application of examination for discovery rules |
| |
(7) | Use of examination |
| |
(8) | Costs |
| |
(9) | Interpretation |
| Rule 43 — Sales by the Court |
| |
(1) | Court may order sale |
| |
(2) | Sale in debenture holder's proceeding |
| |
(3) | Conduct of sale |
| |
(4) | Directions for sale |
| |
(5) | Application for directions |
| |
(6) | Certificate of sale |
| |
(7) | Vesting order |
| Rule 44 — Interlocutory Application |
| |
(1) | How interlocutory application must be brought |
| |
(2) | Interlocutory application by consent or if notice not required |
| |
(3) | Notice of motion |
| |
(4) | More than one matter may be included |
| |
(5) | Service or delivery |
| |
(6) | Response |
| |
(6.1) | Address for delivery |
| |
(7) | Time for response |
| |
(8) | Reply by applicant |
| |
(9) | No additional affidavits |
| |
(10) | Place of hearing of application |
| |
(11) | Place of hearing must be stated |
| |
(12) | If more than one place |
| |
(13) | If place of hearing is a place other than that at which the proceeding was commenced |
| |
(14) | Place of hearing of motion with leave of registrar |
| |
(15) | Notice of motion must be endorsed to reflect grant of leave |
| |
(16) | If place of hearing is a place chosen with leave of the registrar |
| |
(17) | Transfer of file |
| |
(18) | Forwarding of materials if transfer of file impracticable |
| Rule 45 — Injunctions |
| |
(1) | Applications for interlocutory injunctions |
| |
(2) | Applications for interlocutory injunctions before proceeding commenced |
| |
(3) | Applications for interim injunctions without notice |
| |
(4) | Injunction by court order |
| |
(5) | Repealed |
| |
(6) | Undertaking as to damages |
| |
(7) | Application for injunction after judgment |
| Rule 46 — Detention, Preservation and Recovery of Property |
| |
(1) | Property which is the subject matter of a proceeding |
| |
(2) | Fund which is the subject matter of a proceeding |
| |
(3) | Allowance of income from property |
| |
(4) | Recovery of specific property |
| |
(5) | Compensation for wrongful recovery |
| Rule 47 — Receivers |
| |
(1) | Appointment of |
| |
(2) | Form of security |
| |
(3) | Remuneration of |
| |
(4) | Accounts of |
| Rule 48 — Interpleader |
| |
(1) | Entitlement to relief by way of interpleader |
| |
(2) | Claim to real or personal property taken by sheriff |
| |
(3) | Sheriff to deliver notice |
| |
(4) | Where claim admitted |
| |
(5) | Sheriff may apply for interpleader relief |
| |
(6) | Mode of application |
| |
(7) | Affidavit |
| |
(8) | Application for interpleader relief |
| |
(9) | Powers of court on hearing application |
| Rule 49 — Appeals |
| |
(1) | Application |
| |
(2) | Form |
| |
(3) | Directions |
| |
(3.1) | Conduct of appeal |
| |
(3.2) | Application for direction |
| |
(4) | Service of notice of appeal |
| |
(5) | Powers of court |
| |
(6) | Respondent to enter appearance |
| |
(7) | Notice of hearing of appeal |
| |
(8) | Notice of abandonment of appeal |
| Rule 50 — Foreclosure and Cancellation |
| |
(1) | Commencement |
| |
(2) | Service |
| |
(3) | Joinder of claim or party |
| |
(4) | Person filing interest after certificate of pending litigation |
| |
(5) | Powers of the court |
| |
(6) | Final order |
| |
(7) | Order for sale |
| |
(8) | Inquiry to settle terms of sale |
| |
(9) | Order confirming sale |
| |
(10) | Notice to assess costs |
| |
(11) | Agreement for sale |
| Rule 51 — Affidavits |
| |
(1) | Affidavit to be filed |
| |
(2) | Form and content of affidavit |
| |
(2.1) | Identifying affidavits |
| |
(3) | Making affidavit |
| |
(4) | Reference to oath in affidavit or exhibit |
| |
(5) | Jurat where deponent unable to read |
| |
(6) | Interpretation to deponent who does not understand English |
| |
(7) | Exhibit to be marked |
| |
(8) | Copies of documentary exhibits |
| |
(8.1) | Numbering exhibit pages |
| |
(9) | Alterations to be initialled |
| |
(10) | Contents of affidavit |
| |
(11) | Use of defective affidavit |
| |
(12) | Affidavit made before proceeding commenced |
| |
(13) | Affidavit of patient under the Patients Property Act |
| Rule 51A — Setting Down Applications for Hearing |
| |
(1) | Application of this rule |
| |
(2) | Definitions |
| |
(3) | Setting application for hearing |
| |
(4) | When notice of hearing must be filed |
| |
(5) | Date and time of hearing |
| |
(6) | Date and time if hearing time more than 2 hours |
| |
(7) | Notice of hearing to be delivered to respondents |
| |
(8) | Time for delivery of notice of hearing |
| |
(9) | Documents to be filed with the notice of hearing if application is without notice |
| |
(10) | Documents to be filed with the notice of hearing if application is by consent, unopposed or estimated to take not more than 30 minutes |
| |
(11) | Documents to be filed by respondent if application is opposed |
| |
(12) | Procedure if the application is estimated to take more than 30 minutes |
| |
(13) | If respondent's application is to be heard at the hearing |
| |
(14) | Chambers record to be returned |
| |
(15) | Chambers record to be refiled |
| |
(16) | Filing amended chambers record |
| |
(17) | Court file need not be brought to chambers |
| |
(18) | Respondent may apply for directions |
| Rule 52 — Chambers |
| |
(1) | Applications to be heard in chambers |
| |
(2) | Particular applications to be heard in chambers |
| |
(3) | Definition of "application" |
| |
(4) | Failure of party to attend |
| |
(5) | Reconsideration of proceeding |
| |
(6) | Adjourned hearing of application |
| |
(7) | Chambers list |
| |
(8) | Evidence on an application |
| |
(9) | Hearing of application in public |
| |
(10) | Adjournment of application returnable on a holiday |
| |
(11) | Power of the court |
| |
(12) | Powers of court if notice not given |
| |
(12.1) | Orders without notice |
| |
(12.2) | Service of orders required |
| |
(12.3) | Setting aside orders made without notice |
| |
(13) | Adjournment |
| |
(14) | Notes of proceedings |
| Rule 53 — Masters, Registrars and Special Referees |
| |
(1) | Powers of a master |
| |
(2) | Master as registrar |
| |
(3) | Powers of a master in estates |
| |
(4) | Registrar's powers at registrar's hearing |
| |
(4.1) | Registrar's directions at pre-hearing conference |
| |
(5) | Reference by master to judge |
| |
(5.1) | Reference by registrar to judge or master |
| |
(6) | Appeal from master, registrar or special referee |
| |
(7) | Idem |
| |
(8) | Notice |
| |
(9) | Appeal not to act as stay |
| Rule 54 — Foreign Judgments |
| |
(1) | Definitions |
| |
(2) | Application under Court Order Enforcement Act |
| |
(3) | Affidavit in support |
| |
(4) | Applications for reciprocal enforcement of judgment |
| |
(5) | Form of order to register |
| |
(6) | Notice of registration |
| |
(7) | Setting aside registration of judgment under convention |
| |
(8) | Stay of enforcement |
| |
(9) | Stay of proceeding in action on foreign judgment |
| Rule 54.1 — Canadian Judgments |
| |
(1) | Definition |
| |
(2) | Registration requirements for Canadian judgments |
| Rule 55 — Admiralty Jurisdiction |
| |
(1) | Actions to which rule applies |
| |
(2) | Idem |
| |
(3) | Writ of summons — actions in rem |
| |
(4) | Writ of summons — when commenced with action in personam |
| |
(5) | Special service rules for writs issued under subrule (3) or (4) |
| |
(6) | Appearance may be filed in name of ship |
| |
(7) | Default judgment |
| |
(8) | Statement of defence |
| |
(9) | Arrest — "Affidavit to Lead Warrant" |
| |
(10) | Issue of warrant |
| |
(11) | Form of warrant |
| |
(12) | Repealed |
| |
(13) | Service of warrant |
| |
(14) | Proof of service |
| |
(15) | When arrest takes effect |
| |
(16) | Property not to be moved |
| |
(17) | Idem |
| |
(18) | Possession of property arrested |
| |
(19) | Security |
| |
Caveats |
| |
(20) | Filing of caveat |
| |
(21) | Withdrawal of caveat |
| |
(22) | Damages for wrongful filing of caveat |
| |
(23) | Application for damages |
| |
(24) | Summary determination of damages |
| |
Release of Property |
| |
(25) | Release of property arrested |
| |
(26) | Bailbond or guarantee |
| |
(27) | Amount of bail |
| |
(28) | Service of the application |
| |
(29) | Idem |
| |
(30) | Release |
| |
(31) | Idem |
| |
Collisions at Sea — The "Preliminary Act" |
| |
(32) | Application of subrules (33) to (37) |
| |
(33) | Pleadings and particulars |
| |
(34) | "The preliminary act" |
| |
(35) | Form of preliminary act |
| |
(36) | Preliminary act not to be opened |
| |
(37) | Preliminary act to form part of pleading |
| Rule 56 — Contempt of Court |
| |
(1) | Power of court to punish |
| |
(2) | Corporation in contempt |
| |
(3) | Security for good behaviour |
| |
(4) | Certain acts as contempt |
| |
(5) | Apprehension of person |
| |
(6) | Idem |
| |
(6.1) | Release of apprehended person |
| |
(6.2) | Order for release |
| |
(7) | Proceeding for contempt |
| |
(8) | Idem |
| |
(9) | Hearing |
| |
(10) | Service of order not necessary |
| |
(11) | Suspension of punishment |
| |
(12) | Discharge of person |
| |
(13) | Weekly review of person in custody |
| Rule 57 — Costs |
| |
(1) | How costs assessed generally |
| |
(2) | Costs to be reasonable |
| |
(3) | Special costs |
| |
(4) | Expenses and disbursements |
| |
(5) | Estate Administration Act |
| |
(6) | Assessment officer |
| |
(7) | Assessment before registrar |
| |
(8) | Repealed |
| |
(8.1) | Tax in respect of legal services and disbursements |
| |
(8.2) | Repealed |
| |
(9) | Costs to follow event |
| |
(10) | Costs in cases within small claims jurisdiction |
| |
(11) | Costs where party represented by an employee |
| |
(12) | Costs of motions |
| |
(12.1) | When costs payable |
| |
(13) | Lump sum costs |
| |
(13.1) | Lump sum costs of interlocutory application |
| |
(14) | Costs arising from improper act or omission |
| |
(15) | Costs of part of proceeding |
| |
(16) | Costs payable from estate or property |
| |
(17) | Set-off of costs |
| |
(18) | Costs of one defendant payable by another |
| |
(19) | Unnecessary expense after judgment |
| |
(20)–(27) | Repealed |
| |
(28) | Form of bill of costs |
| |
(29) | Appointment to review a bill, examine an agreement or assess costs |
| |
(29.01) | Place for review or examination |
| |
(29.02) | Further particulars |
| |
(29.1) | Assessment of sheriff's fees |
| |
(30) | Service of appointment |
| |
(30.1) | Costs on default judgment |
| |
(31) | Notice to person affected |
| |
(32) | Certificate of costs |
| |
(32.1) | Certificate of fees |
| |
(33) | Review of an assessment |
| |
(34) | Form of bill in certain cases |
| |
(35) | Description of services |
| |
(36) | Evidence of solicitor |
| |
(37) | Disallowance of solicitor client costs |
| |
(38) | Costs may be ordered without assessment |
| |
(39) | Notice |
| |
(40) | Idem |
| |
(41) | Limitation |
| |
(42) | Repealed |
| |
(43) | Refusal or neglect to procure assessment |
| |
(44) | Referrals |
| |
(45) | Commencement |
| |
(46) | Idem |
| Rule 58 — Money in Court |
| |
(1) | Interpretation |
| |
(2) | Deposit of funds |
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(3) | Deposit of securities |
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(4) | Idem |
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(5) | Payment out of court |
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(6) | Interest |
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(7) | Idem |
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(8) | Calculation of interest |
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(9) | Account |
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(10) | Investments |
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(11) | Direction for payment out |
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(12) | Deposit of other money paid into court |
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(13) | Idem |
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(14) | Money for person under disability |
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(14.1) | Payment out of money or security |
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(15) | Payment in for infant |
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(16) | Payment out of money held for infant |
| Rule 59 — Sittings and Hearings |
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(1) | Under direction of Chief Justice |
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(2) | Urgency |
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(3) | Urgency or convenience |
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(4) | Video conferencing |
| Rule 60 — Divorce and Family Law |
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(1) | Definition |
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(2) | Application |
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Commencement of Proceeding |
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(3) | Commencement by writ of summons |
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(4) | Claim for corollary relief after divorce granted |
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(5) | Commencement by originating application |
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(6) | Application may be brought in same proceeding |
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(7) | Application to vary by motion |
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(8) | Procedural step after long delay |
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Pleadings |
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(9) | Form of pleadings |
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(10) | Person allegedly involved in adultery |
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(11) | Joint action for divorce |
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(12) | Form of joint family law proceeding |
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(13) | Withdrawal from joint family law proceeding |
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(14) | Withdrawal of pleading |
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Marriage Certificate |
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(15) | Certificate to be filed |
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Joinder |
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(16) | Joinder of claims and parties |
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Minors |
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(17) | Party who is a minor |
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(18) | Appointment of litigation guardian |
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Service |
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(19) | Service |
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(20) | Affidavit of service |
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Security for Costs |
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(21) | Security for costs |
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Proceedings in Default |
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(22) | Proceedings in default |
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(23) | Evidence in undefended divorce proceeding |
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(24) | Application for judgment in undefended divorce proceeding |
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(25) | Application by requisition |
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(26) | Powers of court on application |
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Certificate of Pleadings |
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(27) | Certificate of pleadings |
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Judgments and Orders |
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(28) | Pending prior proceedings |
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(29) | Claim for divorce joined with other claims |
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(30) | Form of divorce order |
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(31) | Form of certificate of divorce |
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(32) | Delivery of divorce order |
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(33) | Restraining order |
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Appeals |
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(34) | No stay on appeal |
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Provisional and Extra-provincial Orders |
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(35) | Provisional orders made in British Columbia |
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(36) | Provisional orders made in another province |
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(37) | Duty of registrar |
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(38) | Registration of orders |
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(39) | Exchange of orders between provinces |
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(40) | Enforcement in Provincial Court |
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Searches |
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(41) | Search of files |
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(41.1) | Electronic court docket information available |
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(41.2) | Access to information |
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(41.3) | Limitation |
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(42) | Search of exhibits |
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(43) | Search of agreements |
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Agreements |
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(44) | Filing of agreement under Family Relations Act |
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Summons to Debtor |
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(45) | Summons under the Family Maintenance Enforcement Act |
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(46) | Committal summons under the Family Maintenance Enforcement Act |
| Rule 60A — |
| Rule 60B — |
| Rule 60C — Family Law Rules — Interlocutory Applications at Designated Registries |
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(1) | Application of rule |
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(2) | Form of application |
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(3) | Interlocutory applications |
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(4) | Repealed |
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(5) | Transfers to other registries |
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(6) | No costs or fees payable |
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(7) | Appeal to Supreme Court |
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(8) | Notice of appeal |
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(9) | Service |
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(10) | Transcripts required |
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(11) | Place of hearing appeal |
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(12) | Nature of appeal |
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(13) | Application of Rule 49 |
| Rule 60D — Family Law Proceeding — Disclosure |
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(1) | Interpretation |
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(2) | Application of this rule |
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(2.1) | Numbering applicable income documents |
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Applications for Child Support |
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(3) | Who must provide Part 1 of a Form 89 financial statement |
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(4) | Who must provide Parts 2 and 3 of a Form 89 financial statement |
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(5) | If special or extraordinary expenses are claimed |
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(6) | If undue hardship is claimed |
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(7) | When party must serve documents |
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(8) | Agreement instead of documents |
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Applications for Spousal or Parental Support |
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(9) | Who must provide income documents |
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(10) | When party must serve documents |
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Applications for Division of Assets |
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(11) | Who must provide Part 3 of a Form 89 financial statement |
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(12) | When parties must serve documents |
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Form 89 Financial Statement |
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(13) | Assessment notice to be included |
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(14) | When documents must be filed |
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Notice to File a Form 89 Financial Statement |
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(15) | Service of notice to file financial statement |
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(16) | Endorsement of notice |
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Particulars of Form 89 Financial Statements |
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(17) | Particulars may be demanded |
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(18) | Court may order particulars |
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(19) | Cross-examination on Form 89 financial statements |
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Changes in Financial Circumstances |
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(20) | Information must be kept current |
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(21) | Additional documents |
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(22) | If written statement or particulars provided |
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(23) | Updated statements |
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Disclosure of Business Interests |
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(24) | Production of documents |
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(25) | Responding to demand |
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(26) | Request to corporation, partnership or proprietorship |
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(27) | Production required |
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(28) | Application to court for directions |
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(29) | Application to court for exemption |
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(30) | Application by person authorized |
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(31) | Court may order exemption |
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(32) | Costs |
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(33) | When costs are payable |
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Enforcement of this Rule |
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(34) | Relief |
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Confidentiality of Information |
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(35) | Confidentiality |
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(36) | Sealing of financial information |
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Conflict with Guidelines |
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(37) | Child support guidelines prevail |
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(38) | No conflict |
| Rule 60E — Family Law Proceeding — Judicial Case Conferences |
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(1) | Judicial case conference required |
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(2) | Exceptions |
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(3) | Court may grant relief |
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(4) | Application by requisition |
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(5) | Judicial case conference may be requested |
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(6) | Time for delivery of notice |
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(7) | Judicial case conference may be directed |
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(7.1) | Party requesting a judicial case conference must file Form 89 with court |
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(7.2) | Other parties must file and serve Form 89 |
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(8) | Judicial case conference must be conducted by judge or master |
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(9) | Attendance |
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(10) | Non-attendance at judicial case conference |
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(11) | Matters for consideration |
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(12) | Orders at judicial case conference |
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(13) | Judge or master may be seized of further applications |
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(14) | Other judges or masters may hear applications |
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(15) | Repealed |
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(16) | Repealed |
| Rule 61 — Administration of Estates (Non-contentious) |
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(1) | Interpretation and application |
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(2) | Application for probate or letters of administration |
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(3) | Idem |
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(4) | Proof of death |
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(5) | Approval by registrar |
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(6) | Hearing of application |
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(7) | Proof of execution where no attestation clause |
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(8) | Affidavit of witness |
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(9) | Proof where no affidavit of witness |
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(10) | Proof of date of execution |
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(11) | Proof in solemn form |
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(12) | Idem |
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(13) | Idem |
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(14) | Interlineations and alterations |
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(15) | Erasures and obliterations |
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(16) | Affidavit explaining |
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(17) | Document referred to in a will |
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(18) | Idem |
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(19) | Appearance of the paper |
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(20) | Notice to next of kin |
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(21) | Limited administrations |
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(22) | Idem |
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(23) | Grants to an attorney |
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(24) | Grants of administration to guardians |
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(25) | Administration bonds |
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(26) | Affidavit of surety |
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(27) | Idem |
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(28) | Time of issuing grant |
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(29) | Delay in application |
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(30) | Identity of parties |
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(31) | Proof of search for will |
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(32) | Idem |
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(33) | Renunciations |
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(34) | Caveats |
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(35) | Idem |
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(36) | Contents of caveat |
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(37) | Time caveat in force |
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(38) | No grant while caveat in force |
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(39) | Notice to caveator |
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(40) | Contents of notice |
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(41) | Appearance to notice |
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(42) | Effect of failure to appear to notice |
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(43) | Citation to accept executorship |
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(44) | Form of citation and answer |
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(45) | Citation to propound an alleged will |
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(46) | Citation to bring in a will |
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(47) | Filing and service of citations and answers |
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(48) | Foreign grants |
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(49) | Foreign wills |
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(50) | Application to reseal grant |
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(51) | Idem |
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(52) | Affidavit on resealing |
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(53) | Domicile of deceased on resealing |
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(54) | Application of other rules on resealing |
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(55) | Grant to be resealed |
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(56) | Notice of resealing |
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(57) | Idem |
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(58) | Remuneration and passing of accounts |
| |
(59) | Idem |
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(60) | Affidavit required for passing of accounts and remuneration |
| Rule 62 — Administration of Estates (Contentious) |
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(1) | Interpretation |
| |
(2) | Dispute as to the validity of a testamentary paper |
| |
(3) | Commencement of action |
| |
(4) | Parties |
| |
(5) | Action for revocation of grant |
| |
(6) | Failure to lodge grant on action for revocation |
| |
(7) | Failure to enter appearance |
| |
(8) | Counterclaim |
| |
(9) | Failure to serve statement of claim |
| |
(10) | Defence limited to proof in solemn form |
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(11) | Certain rules not to apply |
| |
(12) | Order for discontinuance or dismissal |
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(13) | Compromise |
| Rule 63 — Crown Practice Rules in Civil Matters |
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(1) | Originating application |
| |
(2) | Writs abolished |
| |
(3) | Person affected may take part in proceeding |
| Rule 64 — Miscellaneous |
| |
(1) | Copy of document filed in registry |
| |
(1.1) | Repealed |
| |
(2) | When registry open |
| |
(3) | Hours of registrar |
| |
(4) | Lunch hours |
| |
(5) | Use of seal |
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(6) | Name of registry |
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(7) | Signature of registrar |
| |
(8) | Business not to be done out of office hours |
| |
(9) | Request to registry by requisition |
| |
(10) | Incapacity of judge before judgment given |
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(11) | Idem |
| |
(12) | Idem |
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(13) | Transfers |
| Rule 65 — |
| Rule 66 — Fast Track Litigation |
| |
(1) | Object |
| |
(2) | Repealed |
| |
(3) | Exclusions from Rule 66 |
| |
(4) | This rule prevails in event of conflict |
| |
(5) | Court may dispense with this rule |
| |
(6) | Election to use fast track |
| |
(7) | Repealed |
| |
(8) | When rule ceases to apply |
| |
(9) | Considerations of court |
| |
(10) | Style of proceeding for fast track proceeding |
| |
(11) | List of documents |
| |
(12) | Delivery of list of documents |
| |
(13) | Duration of examinations for discovery |
| |
(14) | Extension of time for examinations for discovery |
| |
(15) | Considerations of court |
| |
(16) | Applicant not obliged to reveal questions |
| |
(17) | Date for completion of examinations for discovery |
| |
(18) | No interrogatories |
| |
(19) | Trial without jury |
| |
(20) | Trial date within 4 months |
| |
(21) | Chief Justice may alter time to trial |
| |
(22) | Trial agenda |
| |
(23) | What trial agenda must contain |
| |
(24) | Trial record |
| |
(25) | Confirmation of estimates |
| |
(26) | Parties may be confined to time estimates |
| |
(27) | Considerations of the court |
| |
(28) | Trial may be adjourned |
| |
(29) | Costs |
| |
(29.1) | Court may consider settlement offers |
| |
(29.2) | Tax on costs |
| |
(30) | Repealed |
| Rule 67 — Fax Filing Pilot Project Rule |
| |
(1) | Application of Rule 67 |
| |
(2) | Document may be submitted for filing by fax |
| |
(3) | Means of transmission |
| |
(4) | Application of this rule |
| |
(5) | When a document is filed |
| |
(6) | Confirmation of filing |
| |
(7) | Confirmation of filing |
| |
(8) | When faxed record is an original |
| |
(9) | Original of document may be required by court |
| |
(10) | Duration of rule |
| Rule 68 — Expedited Litigation Project Rule |
| |
Application |
| |
(1) | Definition |
| |
(2) | Actions to which this rule applies |
| |
(3) | Actions to which this rule may apply |
| |
(4) | No maximum recovery |
| |
(5) | Actions to which this rule does not apply |
| |
(6) | This rule prevails in event of a conflict |
| |
(7) | When rule ceases to apply |
| |
(8) | Style of proceeding for expedited actions |
| |
(9) | When style of proceeding must be amended |
| |
(10) | Limitation on interlocutory applications |
| |
(11) | Exceptions |
| |
(12) | Court may grant relief |
| |
(13) | Proportionality |
| |
(14) | Trial without jury |
| |
Document Disclosure |
| |
(15) | Limitations on discovery of documents |
| |
(16) | Disclosure of documents |
| |
(17) | Continuing obligation to provide list |
| |
(18) | Inspection of documents |
| |
(19) | Party may request additional documents |
| |
(20) | Application for production of documents |
| |
(21) | Court may order production of documents |
| |
(22) | Considerations of court |
| |
Process for Discovery |
| |
(23) | Limitations on discovery |
| |
(24) | Rule 27 may not apply |
| |
(25) | Limited application of Rule 27 |
| |
(26) | Conflict |
| |
(27) | No examination without leave or consent |
| |
(28) | Duration of examinations for discovery |
| |
(29) | Extension of time for examinations for discovery |
| |
(30) | Considerations of court |
| |
Witnesses |
| |
(31) | Witnesses |
| |
(31.1) | Continuing obligation to provide summary |
| |
(31.2) | Requirements for evidence summary |
| |
(32) | Effect of failure to disclose |
| |
(32.1) | Limitations on evidence |
| |
(33) | Experts |
| |
Case Management Conferences |
| |
(34) | Case management conference may be requested |
| |
(35) | When case management conference may be requested |
| |
(36) | Requisition need not be supported by affidavits |
| |
(37) | Case management conference may be directed |
| |
(38) | Attendance |
| |
(39) | Non-attendance at case management conference |
| |
(40) | Case management conference may be conducted by judge or master |
| |
(41) | Matters for consideration |
| |
(42) | Application materials |
| |
(43) | Joint experts |
| |
(44) | Form of order |
| |
(45) | Proceedings must be recorded |
| |
(46) | Judge or master may be seized of further applications |
| |
(47) | Other judges or masters may hear applications |
| |
(48) | Presiding judge may hear trial |
| |
(49) | Prohibited orders |
| |
(50) | Costs |
| |
Trial Management Conference |
| |
(51) | Date for trial management conference |
| |
(52) | Trial management conference must be conducted by judge |
| |
(53) | Trial brief required |
| |
(54) | Contents |
| |
(55) | Procedure at trial management conferences |
| |
(56) | Orders at a trial management conference |
| |
(57) | Repealed |
| Rule 69 — Electronic Filing Rule |
| |
(1) | Definitions |
| |
(2) | This rule prevails in event of conflict |
| |
(3) | Electronic services agreement |
| |
(4) | Means of transmission |
| |
(5) | Application of this rule |
| |
(6) | Affidavits and other signed documents |
| |
(7) | Retention of documents |
| |
(7.1) | Conversion of documents |
| |
(8) | Inspection of original documents |
| |
(9) | Requisition |
| |
(10) | Application of Rule 51 |
| |
(11) | Electronic documents deemed to be original |
| |
(12) | Electronic authentication deemed a signature |
| |
(13) | Filing of documents |
| |
(14) | Electronic acceptance |
| |
(15) | Sealing of writ of summons |
| |
(16) | Public access to documents filed electronically |
| |
(17) | E-mail address for delivery |
| |
(18) | Delivery of documents |
| |
(19) | When delivery by e-mail is effective |
| |
(20) | If document does not reach a person |
| |
(21) | Repealed |
| Appendix A |
| Appendix B |
| Appendix C |