(1) Paragraph 1
of subrule 4.05 (2) of the Regulation is amended by striking out «paragraphs 2 and 3» at the end and substituting «paragraphs 2, 3 and 4».
(2.1) Despite subrule (1), in the case of an action described in paragraph 1
of subrule 24.1.04 (1), the 180 - day period begins to run on January 1, 2010.
(1) Paragraph 2
of subrule 76.02 (1) of the Regulation is amended by striking out «$ 50,000» in the portion before subparagraph i and substituting «$ 100,000».
SAME, CONTENTS (25) A report provided for the purposes
of subrule (1) or (2) shall contain the following information:
(4) The French version
of subrules 20.04 (3) and (4) of the Regulation is amended by striking out «seule question litigieuse» wherever it appears and substituting in each case «seule véritable question litigieuse».
Rules vary in length, and generally contain a complex substructure
of subrules.
Not exact matches
The
subrule I have just referred to does, in my opinion, empower the court to fix a date for the trial
of this proceeding which coincides with the previously — scheduled trial date
of March 4, 2013.
OPPOSING PARTY DISOBEYING SUMMONS (12) When an opposing party has been served with a summons under
subrule (3), the court may make a final order in favour
of the party calling the witness, adjourn the case or make any other appropriate order, including a contempt order, if the opposing party,
Rule 26 deals with disclosure obligations in most BC Supreme Court lawsuits and
subrule 26 (2.1) requires that «the nature
of any document for which privilege from production is claimed must be described in a manner that, without revealing information that is privileged, will enable parties to assess the validity
of the claim
of privilge `.
SAME, RESPONSE (24) A party who wants to call an expert witness at trial to respond to the expert witness
of another party shall serve on all other parties a report signed by the expert and containing the information listed in
subrule (25),
RESPONDENT MAY ADD TO TRIAL RECORD (2) Not later than seven days before the start
of the trial, a respondent may serve, file and add to the trial record any document referred to in
subrule (1) that is not already in the trial record.
[21] Noting that, I also then note that there are a number
of matters that can be discussed at trial management conferences, as set out in
subrule 12?
Under Rule 15.04 (8), a client who is not a corporation shall, within 30 days after being served with the order removing the lawyer from the record, appoint a new lawyer
of record by serving a notice under
subrule 15.03 (2); or serve a notice
of intention to act in person under
subrule 15.03 (3).
The corporate client shall, within 30 days after being served with the order removing the lawyer from the record, appoint a new lawyer
of record by serving a notice under
subrule 15.03 (2); or obtain and serve an order under
subrule 15.01 (2) granting it leave to be represented by a person other than a lawyer.
CONFERENCES (12) Subject to
subrule (13), the Family Case Manager may conduct a case conference, settlement conference or trial management conference instead
of a judge under rule 17.
If one
of the connections identified in rule 17.02 (excepting
subrules (h) and (o)-RRB- is made out, the defendant bears the burden
of showing that a real and substantial connection does not exist.
Counterclaims, crossclaims, and third party claims are dealt with under Rule 48.14 (9), which states: «Rules 24.03 to 24.05 (effect
of dismissal for delay) apply to an action dismissed under
subrule (1).»
(1) Rules 61, 62 and 63
of the Rules
of Civil Procedure apply with necessary modifications, including those modifications set out in
subrules (2) and (3), (a) if an appeal lies to the Divisional Court or the Court
of Appeal; (b) if...
(2) Unless the court orders otherwise, if an action that was placed on a trial list and was subsequently struck off is not restored to a trial list within 180 days after being struck off, the registrar shall serve on the parties a status notice in Form 48C.2 that the action will be dismissed for delay unless, within 90 days after service
of the notice, the action is restored to a trial list or terminated, or documents are filed in accordance with
subrule (10).
Documents relating to a motion to transfer a proceeding to another county under rule 13.1.02 shall be filed in the court office
of the county to which the transfer is sought, if
subrule 13.1.02 (3.1) applies.
(2) In addition to the considerations listed in
subrule (1), in determining whether to order a party or other person to produce one or more documents, the court shall consider whether such an order would result in an excessive volume
of documents required to be produced by the party or other person.
(1.2) A judge who is directed to hear all motions under
subrule (1) and a master to whom a motion is referred under
subrule (1.1) may, in respect
of the motions, give such directions and make such procedural orders as are necessary to promote the most expeditious and least expensive determination
of the proceeding.
Subrule 3.02 (4)
of the Regulation is amended by striking out «except as provided in
subrule 77.01 (4)(no extension by consent in case management)» at the end.
(3) Despite
subrules (1) and (2), in the case
of an action, an agreement to amend a timetable shall not amend the date before which the action shall be set down for trial or restored to a trial list, as the case may be.
(11) In the case
of an action that was commenced on or after January 1, 2002 and before January 1, 2010,
subrules (2), (7) and (8) apply as if «$ 100,000» read «$ 50,000».
(3) An amendment under
subrule (1) must not, without the consent
of all parties, be made more than 30 days after all parties have been notified
of the Award.
(2) An application by a party under
subrule (1) must be made within 15 days after the party is notified
of the Award.
(5) The Centre shall within 10 days
of the delivery
of the list sent under
subrule (1) appoint an appeal tribunal having due regard to any submission sent by any party under
subrules (2) and (3).
Gervais v. Depatie (2018 ONSC 139) reached the age
of majority — minor —
subrule — name
of the litigation guardian — continue Justice S. Corthorn
[52] Taken together, the factors pursuant to
subrule 9 - 1 (6) weigh in favor
of the plaintiff.
The application had been properly founded under
subrule 14.05 (3)(h), no material facts in dispute, and under
subrules 14.05 (3)(d) and (g), the determination
of rights following the interpretation
of a contract and relief ancillary to those rights.
In accordance with
subrule 1.07 (5), it will be filed with the secretary
of the Civil Rules Committee, posted on the Superior Court
of Justice website and notice
of the Practice Direction will be published in the Ontario Reports on November 2, 2012.
The commentary to
subrule 5.01 (2)
of the Rules
of Professional Conduct (in Ontario) further provides that the «lawyer is required to review the non-lawyer's work at frequent intervals to ensure its proper and timely completion.»
Contingency Fees and Contingency Fee Agreements (3) Subject to
subrule (1) except in family law or criminal or quasi-criminal matters, a lawyer may enter into a written agreement in accordance with the Solicitors Act and the regulations thereunder, that provides that the lawyer's fee is contingent, in whole or in part, on the successful disposition or completion
of the matter for which the lawyer's services are to be provided.
(6) If the Court, other than by order, gives a copy
of a family report under
subrule (5), the copy must be accompanied by a notice that states the following information: