Sentences with phrase «under subrule»

(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.

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.

(2) An application by a party under subrule (1) must be made within 15 days after the party is notified of the Award.

(4) If any party to an appeal fails to advise the Centre in writing within the time limit set out in subrule (2) they shall be deemed to have accepted the eligibility of each member of the list sent under subrule (1).

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).

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,

(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).

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).»

(7) In an application for leave under subrule (1)(b), the appeal tribunal may grant leave if it determines that:

(8) If the appeal tribunal grants leave to appeal under subrule (2), it may attach conditions to the order granting leave that it considers just.

(5) On an application under subrule (4), the arbitrator may amend the Award if the arbitrator considers that the amendment will clarify it.

(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.

(3) Each of the parties to an appeal may, within 5 days, advise the Centre in writing of the order of preference for the appointment of members of the appeal tribunal from the list delivered under subrule (1).

(6) An appeal tribunal appointed by the Centre pursuant to Rule 43 shall decide the appeal from the arbitration tribunal's decision under subrule (4) as soon as is reasonably possible after receiving the appeal and according to such procedures as the appeal tribunal considers appropriate.

(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:

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.

(4) Unless the court otherwise orders, if a party intends to tender an expert's report at trial to respond to an expert witness whose report is served under subrule (3), the party must serve on every party of record, at least 42 days before the scheduled trial date, (a) the responding report, and (b) notice that the responding report is being served under this rule.»

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

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.

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.

[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

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

(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.

(6.1) If the mediation co-ordinator does not, within the time provided by an order under subrule (1) or a consent under subrule (3), receive a notice under clause (5)(a), a mediator's report or a notice that the action has been settled, and the action is set down for trial, he or she shall immediately assign a mediator from the list, unless the court orders otherwise.

(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).

[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 plaintiff Elfreda Williams («Ms Williams») on the ground that she is ordinarily resident out of Ontario, namely in Jamica in the West Indies.

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.

...» (2) An order under subrule (1) may be made by the court on its own initiative...»