Sentences with word «subrule»

AFFIDAVIT EVIDENCE AT UNCONTESTED TRIAL (22) At an uncontested trial, evidence by affidavit in Form 14A or Form 23C and, if applicable, Form 35.1 may be used without an order under subrule (20), unless the court directs that oral evidence must be given.

SAME, CONTENTS (25) A report provided for the purposes of subrule (1) or (2) shall contain the following information:

Affidavit evidence under 20.02 is still used in accordance with subrule 39.01 (4), but responding parties can no longer just rely on pleadings and must show a genuine issue for trial using their own affidavits or supporting evidence.

-- First, the court should determine whether the claim falls under rule 17.02 (excepting subrules (h) and (o)-RRB- to determine whether a real and substantial connection with Ontario is presumed to exist.

(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.

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.

(3) Notwithstanding subrule (1) if the parties have agreed in an arbitration agreement that an appeal may be brought on questions of mixed law and fact or fact or on specified grounds the appeal tribunal shall hear the appeal on those specified grounds.

In a case under Part III of the Child and Family Services Act, the Family Case Manager, i. may make any order described in rule 17 other than an order under subrule 17 (18), and ii.

(2.2) Within 60 days after an action is set down for trial, the parties shall agree to a schedule setting out dates for the service of experts» reports in order to meet the requirements of subrules (1) and (2), unless the court orders otherwise.

If the corporation fails to comply with subrule (6), the court may dismiss its proceeding or strike out its defence.

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.

Potential plaintiffs considering similar actions should keep this consideration in mind, and might want to frame their pleadings more broadly and employ simplified proceedings from the outset to avoid the cost denial under subrule 76.13 (3).

Normally the costs denial consequences of Rule 76.13 would apply when simplified rules are mandatory under subrule 76.02 (1).

Although not discussed by the court, the action sought more than just monetary damages but also sought the removal of offending blog posts, which fits into one of the exceptions under the clauses in subrule 76.13 (2).

The court applied the factors for cost considerations under subrule 57.01 (1) and the new proportionality principle under subrule 1.04 (1.1).

Nor do I think that such a power is implicit in that subrule.

Which is largely useless, as Tariff A simply says that the fees that are awarded «shall be determined in accordance with section 131 of the Courts of Justice Act and the factors set out in subrule 57.01 (1)».

Neither s. 131 or subrule 57.01 (1) provide any more of a definition of «partial indemnity».

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 `.

MEANING OF «CITY OR TOWN» (4.1) For the purposes of subrule (4), a municipality shall be considered a city or town if it was a city or town on December 31, 2002.

[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.

If the client fails to comply with subrule (8), the court may dismiss the client's proceeding or strike out his or her defence.

Rule 15.04 (4) sets out the contact information that must be included in the order, namely, the client's last known address, or the address for service if different; another address, if any, where the lawyer believes the copy is likely to come to the client's attention; the client's telephone number and fax number, if any, unless the court orders otherwise; if the client is a corporation, the text of subrules (6) and (7); and if the client is not a corporation, the text of subrules (8) and (9).

(a) any power that a court may exercise under rule 27 (requiring financial information) other than a power to order a person imprisoned under subrule 27 (6), (20) or (21); and

A party to the conference may not request that the conference be conducted by a judge under subrule 17 (9).

the only temporary or final orders that the Family Case Manager may make under clause 17 (8)(b) are those described in subrule (9) of this rule.

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.

(2) The judge on a motion under subrule (1) may dismiss the motion, amend the judgment or direct that a motion for a re-hearing be made to the Court in accordance with Rule 76.

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] This is a motion by the defendant the City of Toronto (the «City») for an order under subrule 56.01 (1)(a) for security for costs against

The Child and Family Services Act, subject to subrule (6).

In making an order under subrule (5), the court may consider the factors listed in subrule (6).

(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...

To reach the requisite threshold under Rule 11 - 6 (4) the applicant must establish a basis of necessity for the examination to properly respond to the expert witness whose report is served under subrule (3) by the other party.