Sentences with phrase «with subrule»

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.

(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).

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

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

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.

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 `.

TAKING EVIDENCE BEFORE TRIAL OUTSIDE ONTARIO (19) If a witness whose evidence is necessary at trial lives outside Ontario, subrules 20 (14) and (15)(questioning person outside Ontario, commissioner's duties) apply, with necessary changes.

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.

(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.

-- 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.

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...

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.