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Rules: Judicial Review


This memorandum looks at Parts 56 and 56.1 of the Rules to avoid a self contained code of Rules for judicial review, and to strive for specialized Rules, where necessary, built on the existing foundation of the general rules. It concluded that the overall scheme under Part 56.1 is appropriate and that changes are needed only in a few areas. It is proposed that the Rules be reformed to clarify that they cover statutory rights […]

AREA OF LAW Constitutional and Public Law
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FORMAT Publications
FILE cm01213.pdf

August 3, 2004

Rules: Summary Disposition of Actions


This memorandum covers an important aspect of legal practice and procedure–, the ability to have a matter disposed of in a summary way where that is a reasonable way of dealing with the action. This increases access to justice, in that it frees up trial time for other matters requiring a full hearing. It is also likely to cost the litigants less money, and certainly uses up less of their time. As summary dispositions often […]

AREA OF LAW Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm01212.pdf

August 2, 2004

Rules: Enforcement of Judgments and Orders


This memorandum addresses a group of Rules and forms concerned with enforcement of judgments or orders of court. The committee is primarily concerned with Parts 28 (Enforcement of Judgments and Orders), 36 (Extraordinary Remedies) and 57 (Rules and Orders Promulgated under the Winding-Up Act). The committee also comments on Rules 82-83, 151, 155, 331, 333, Part 37 and some general issues. This report discusses 160 rules and 7 forms, and makes proposals on 67 issues. […]

AREA OF LAW Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm01211.pdf

August 1, 2004

Rules: Motions and Orders


This memorandum addresses the procedural Rules governing motions and applications; the evidentiary Rules concerning motions and applications; the Rules governing variation, setting aside and correction of orders and judgments; and the Rules dealing with entry of orders and judgments. The Committee does not propose any changes to the materials to be filed for General Chambers or to the time limits that determine whether a motion is to be heard in General Chambers or Special Chambers. […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm01210.pdf

July 4, 2004

Rules: Motions and Orders


This memorandum addresses the procedural Rules governing motions and applications; the evidentiary Rules concerning motions and applications; the Rules governing variation, setting aside and correction of orders and judgments; and the Rules dealing with entry of orders and judgments. The Committee does not propose any changes to the materials to be filed for General Chambers or to the time limits that determine whether a motion is to be heard in General Chambers or Special Chambers. […]

AREA OF LAW Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm01210.pdf

July 1, 2004

Rules: Joining Claims and Parties, Including Third Party Claims, Counterclaims and Representative Actions


This memorandum covers a wide but inter-related range of subjects: amendment of pleadings; joinder of claims and consolidation of actions; joinder of parties; third party claims; counterclaims; and representative actions. It organizes discussion under 43 issues distilled from research, consultation and the experience and views of the General Rewrite Committee. With respect to amendments by one party, the Committee proposes: that, instead of the present limit of one, there be no limit on the number […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm0129.pdf

February 4, 2004

Rules: Joining Claims and Parties, Including Third Party Claims, Counterclaims and Representative Actions


This memorandum covers a wide but inter-related range of subjects: amendment of pleadings; joinder of claims and consolidation of actions; joinder of parties; third party claims; counterclaims; and representative actions. It organizes discussion under 43 issues distilled from research, consultation and the experience and views of the General Rewrite Committee. With respect to amendments by one party, the Committee proposes: that, instead of the present limit of one, there be no limit on the number […]

AREA OF LAW Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm0129.pdf

February 1, 2004

Rules: Pleadings


This consultation memorandum addresses five topics concerning pleadings: fundamental principles; contents of pleadings; Rules applicable to defences; reply, joinder of issue and close of pleadings; and formalities of pleadings. Regarding fact pleading the Committee found that problems arising from them were due to poor practice and that there was no need to change to a notice pleading system. The Committee decided against having either the client or the lawyer certify the pleadings, but recommends that […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm0128.pdf

October 4, 2003

Rules: Pleadings


This consultation memorandum addresses five topics concerning pleadings: fundamental principles; contents of pleadings; Rules applicable to defences; reply, joinder of issue and close of pleadings; and formalities of pleadings. Regarding fact pleading the Committee found that problems arising from them were due to poor practice and that there was no need to change to a notice pleading system. The Committee decided against having either the client or the lawyer certify the pleadings, but recommends that […]

AREA OF LAW Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm0128.pdf

October 1, 2003

Rules: Promoting Early Resolution of Disputes by Settlement


This memorandum addresses issues concerning the early resolution of disputes by settlement, including the use of court-annexed alternative dispute resolution programs and judicial dispute resolution. The Committee has developed five core premises, identified a number of issues, and framed preliminary proposals. The Committee recommends that the Rules should “impose on all litigants a positive, early and continuing obligation to canvass settlement possibilities and to consider opportunities available to them to participate in non-binding dispute resolution […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm0126.pdf

July 4, 2003