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Rules: Trial and Evidence Rules, Parts 25 and 26


This memorandum deals with the Trial and Trial Evidence Rules, which are currently found in Part 25 (Rules 245-260), which deal exclusively with Trial Rules and Part 26 (Rules 261-265 and 292-296.1), which deal with Evidence both in and out of Court. The Rules in issue fall into one of three broad categories dealing with either procedural, evidential or substantive matters. The committee felt that the substantive Rules were useful, but that several of them […]

AREA OF LAW Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm01216.pdf

November 3, 2004

Rules: Non-disclosure Order Application Procedures in Criminal Cases


This memorandum addresses application procedures for “non-disclosure orders” in the Court of Queen’s Bench and the Court of Appeal – including publication ban orders, certain sealing orders, and in camera orders made under discretionary common law or statutory authority. It describes the authority to make Rules of Court for criminal litigation, and the nature of federal involvement in establishing criminal Rules of Court. It also discusses the general substantive and procedural doctrine that must be […]

AREA OF LAW Constitutional and Public Law
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FORMAT Publications
FILE cm01215.pdf

November 2, 2004

Rules: Miscellaneous Issues


This memorandum is a mixed bag of topics. It consolidates the following areas of The Rules: time, time for service of the statement of claim, delay in prosecution, discontinuance and noncompliance, and irregularities. The Rules contain over 30 different time periods, ranging in duration from 24 hours to 10 years. Most of these time periods are under 30 days and many are roughly equivalent. It is proposed to replace these 30-some time periods with a […]

AREA OF LAW Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm01214.pdf

November 1, 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. The […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm01211.pdf

August 4, 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 Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm01212.pdf

Rules: Judicial Review


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 of appeal, stated cases, and controverted elections. The time for delivery of judicial review materials in […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm01213.pdf

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
TAGS , , , , , , , ,
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
TAGS , , , , , , , ,
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