Nova Scotia Annotated Civil Procedure Rules
Index
© Nova Scotia Barristers' Society
September 2008
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D
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DAC
- SEE: Date assignment conference
-
Damages
- Assessment, SEE: Assessment of damages
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Date assignment conference
- Actions under $100,000 57.06, 57.11, 58.01, 58.03
- Adjournment of trial date 4.18(4), 4.20, 4.21
- Availability 4.13, 52.19(3), 57.06
- Cancellation of trial date for lack of readiness 4.19(2), 4.21
- Contents of Request for Date Assignment Conference 4.13(3)
- Costs consequences for adjournment of trial dates 4.18, 4.20, 4.21
- Date for completion of pre-trial procedures (finish date) 4.16(6), 4.19(1), 4.20
- Date for conference to monitor progress 4.16(7)
- Date for date assignment conference 4.13, 4.14, 4.16, 4.21, 57.06
- Date for settlement conference 4.16(6)
- Date for trial 4.16(6), 4.17
- Date for trial readiness conference 4.16(6)
- Deadline for completion of pre-trial procedures ("finish date") 4.16(6)
- Deadline for dismissal of Action for lack of activity 4.22
- Deadline for judge to hear objection to date assignment conference 4.14(2)
- Deadline for memorandum for date assignment judge 4.15(1)
- Deadline for settlement conference 4.16(6)
- Deadline for trial readiness conference 4.16(6)
- Deadline to deliver a witness list to other parties 4.18(1)
- Deadline to notify parties of time and date of conference 4.16(1)
- Deadline to object to setting trial dates 4.14(2)
- Deadline to request a date assignment conference 4.13(1)
- Deadline to request a delayed date assignment conference 4.14(2)
- Definition of "finish date" for pre-trial procedures 4.16(6), 94.10
- Directions re future steps 4.16, 4.21
- Duty to inform court of changes to trial readiness 4.17
- Duty to prepare for date assignment and trial readiness 4.01(2)
- Early date assignment, when available 4.01(2), 4.13, 57.06
- Early date assignment [Action under $100,000] 57.06
- Economical trial, requirement in Actions under $100,000 57.11, 58.01, 58.03
- Electing trial by judge or jury during date assignment 4.13(3), 4.15(2), 52.02(3)
- Emergency request for early date assignment conference 4.13(2)
- Exchange of witness lists (SEE ALSO: Witness) 4.18
- Finish date for pre-trial procedures 4.16(6), 4.19(1), 4.20
- For a divorce action 62.21
- Forecasting trial readiness and trial length 4.01(2), 4.13(3), 4.15(2), 4.16(6), F.4.13, F.4.15
- For hearing of Chambers Motion 23.05
- Form 4.13, Request for Date Assignment Conference 4.13(5), F.4.13
- Form 4.15, Memorandum for Date Assignment Judge 4.15(3), F.4.15
- GENERAL provisions, SEE: Conference
- Indemnity for expense caused by refusal, cancellation or adjournment of trial date 4.21
- Jury trial, election of trial by jury 4.13(3), 4.15(2), 52.02(3)
- Jury trial, mistrial triggering date assignment conference 52.19
- Lagging party, factor in early date assignment 4.01(2), 4.13, 57.06
- Memorandum for date assignment judge 4.15, 4.21, 52.02(3)
- Notice of trial, SEE: Request for date assignment conference
- Notifying judge of pre-trial motion 4.16(4)
- Notifying party of time and date of conference 4.16
- Objecting to setting trial dates 4.14
- Prejudice considerations in adjournment of trial dates 4.20(3)
- Pre-trial motion delaying trial readiness 4.16(4)
- Reconsideration of trial date 4.17
- Refusal of judge to set trial date 4.14(3), 4.16(5)
- Request for date assignment conference 4.13
- Request for delayed date assignment conference 4.14
- Request for early date assignment conference 4.01(2), 4.13, 57.06
- Setting trial dates 4.16(6), 4.17
- Settlement conference requests 4.13(3), 4.16(6)
- Trial readiness conference 4.16, 4.17, 4.18, 4.19
- Witness list (SEE ALSO: Witness) 4.18
- Deadline
-
Deadline (Action)
- Amending Notice of Action, Notice of Action for Debt, Notice of Defence, Notice of Defence and Counterclaim, Notice of Defence with Crossclaim, or Notice of Claim against Third Party 83.02(2)
- Completing all pre-trial procedures ("finish date") 4.16(6)
- Contempt order, filing notice of Motion or Application 89.07
- Delivering a witness list to other parties 4.18(1)
- Delivering notice of constitutional issue 31.19(3)
- Discontinuing counterclaim, crossclaim, or third party claim 9.03
- Dismissal of Action for delay 4.22(1)
- Dismissal of counterclaim for delay 4.22(1)
- Dismissal of crossclaim for delay 4.22(1)
- Dismissal of third party claim for delay 4.22(1)
- Expiry of notice of Action 4.04(1)
- Expiry of renewed notice of Action 4.04(4)
- Filing brief for trial 51.04
- Filing Demand for Notice of all steps in proceeding 31.12(1)
- Filing memorandum for date assignment conference 4.15(1)
- Filing notice of claim against third party 4.11(7), 31.12(1)
- Filing Notice of Defence 4.05(6), 4.07(3), 31.12(1), 31.12(7)
- Filing Notice of Defence and Counterclaim 4.08(7), 31.12(2)
- Filing Notice of Defence with Crossclaim 4.09(7), 31.12(2)
- Filing Notice of Discontinuance 9.02(1)
- Filing notice to continue counterclaim, crossclaim, or third party claim 9.03
- Holding trial readiness conference 4.16(6)
- Jury trial, motion for directions to challenge potential jurors for cause 52.04(1)
- Notifying party of an Action 4.04(1)
- Notifying party of a renewed Action 4.04(4)
- Notifying party of date assignment conference 4.16(1)
- Notifying party of motion for assessment of damages 70.03
- Objecting to request for date assignment conference 4.14(2)
- Referee’s report on reference from court 11.05(2)
- Registration of class proceeding with National Class Action Database 68.03
- Renewing a Notice of Action 4.04(2), 4.04(5)
- Responding to demand for particulars 38.09
- Returning exhibits to party 84.04(2)
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Deadline (Appeal to S.C.)
- Dismissal of dormant Appeal to Supreme Court 7.29
- Filing affidavit of new evidence 7.27(2)
- Filing Notice of Appeal to Supreme Court 7.19(1)
- Filing Notice of Contention 7.20
- Filing Notice of Cross-Appeal 7.20
- Filing Notice of Discontinuance 9.02(1)
- Hearing motion for directions 7.19(2), 7.21(4)
- Introduction of new evidence 7.27(3)
- Notifying others of motion for directions 7.22
- Notifying party of Appeal to Supreme Court 7.19(7)
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Deadline (Application)
- Dismissal of dormant Application 5.18
- Filing affidavit of evidence for Prehearing Conference 60A.13(4)
- Filing brief for hearing 53.07
- Filing documents in Chambers Application 5.06(2)
- Filing ex parte Application, affidavit and brief 5.02(5)
- Filing Notice of Contest of a Chambers Application 5.06(2)
- Filing Notice of Contest of a Court Application 5.08(1)
- Filing Notice of Discontinuance 9.02(1)
- Filing transcript of out-of-court cross-examination [Court Application] 53.03(3)
- Hearing motion for directions in a Court Application 5.07(3)
- Hearing of application to extend Order for Permanent Care and Custody 60A.27(2), 60A.27(3)
- Hearing of application to terminate or vary access under Order for Permanent Care and Custody 60A.26(4)
- Notice of Application 5.07
- Notice of child protection application 60A.03(1)
- Notifying party of Chambers Application 5.06(1)
- Notifying party of motion for assessment of damages 70.03
- Setting a date for hearing of application for finding of abuse for purpose of entry in the Child Abuse Register 60A.31(4)
- Setting a date for hearing of application for Order to Locate and Detain a child 60A.28(2), F.60A.28
- To terminate an Order for Permanent Care and Custody 60A.25(6)
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Deadline (Civil Appeal)
- Amending notices of appeal 90.39
- Appellant to perfect appeal 90.43(3)
- Attorney General to intervene on constitutional question 90.18(3)
- Filing certificate of readiness by appellant 90.26
- Filing cross-appeal 90.21(3)
- Filing documents for Motion to Court of Appeal judge 90.37(5)
- Filing documents opposing Motion to Court of Appeal judge 90.37(6)
- Filing factums 90.32
- Motion for date and directions in child protection appeal 90.08(3), 90.25(2)
- Motion for date and directions in costs appeal 90.25(2)
- Motion for date and directions in general appeal 90.06, 90.25(2)
- Motion for date and directions in interlocutory appeal 90.25(2)
- Motion for date and directions in tribunal appeal 90.25(2)
- Motion for date and directions to quash or dismiss appeal 90.44(2)
- Motion for leave to intervene 90.19(4)
- Motion for leave to review order of Court of Appeal judge 90.38(4)
- Notice of participation in tribunal appeal 90.07(3), 90.25(2)
- Notifying party of defendant’s motion to dismiss for failure to perfect appeal 90.43(2)
- Notifying party of dismissal of appeal for lack of jurisdiction 90.40(3)
- Notifying party of prothonotary’s motion to dismiss for failure to perfect appeal 90.43(3)
- Opposing motion for leave to review order of Court of Appeal judge 90.38(5)
- Reply to respondents’ response to motion by correspondence 90.35(4)
- Reply to respondent’s factums 90.32
- Respondent’s contention to affirm judgment under appeal 90.22(2)
- Respondent’s motion for directions 90.27
- Starting appeal of costs order 90.13(2)
- Starting appeal of interlocutory order 90.13(2)
- Starting appeal of tribunal decision 90.13(2)
- Starting appeal under Divorce Act 90.13(2)
- Starting appeal under Workers’ Compensation Act 90.13(2)
- Starting general appeal 90.13(2)
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Deadline (Criminal)
- Filing certificate of readiness by appellant [Criminal Appeal to Court of Appeal] 91.13
- Filing cross-appeal [Criminal Appeal to Court of Appeal] 91.11(3)
- Filing factums [Criminal Appeal to Court of Appeal] 91.18
- Filing Notice of Appeal [Criminal Appeal to Court of Appeal] 91.09(1)
- Filing Notice of Appeal [summary conviction appeal] 63.05
- Hearing motion for date and directions [Criminal Appeal to Court of Appeal] 91.12(2)
- Hearing motion for directions [summary conviction appeal] 63.06
- Proof of notice of application for reduction of parole ineligibility 65.06(3)
- Retaining custody of exhibits for the appeal [Criminal Appeal to Court of Appeal] 91.25(1)
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Deadline (Disclosure)
- Claim for division of assets 62.18
- Claim for spousal support 62.18
- Claim for suspension of spousal support 62.18
- Delivering affidavit and documents [Action] 15.03, 15.05
- Delivering affidavit and electronic information [Action] 16.07, 16.09(1), 16.11
- Disclosing other relevant evidence 17.02
- Notifying disclosing party of mistaken disclosure of privileged information 14.06(3)
- Notifying receiving party of mistaken disclosure of privileged information 14.06(4)
- Producing original copy of information 14.10
- Producing undisclosed document 14.09(2)
- Rebutting presumption of authenticity of disclosed document or electronic information 54.05(1)
- Requesting an admission of facts 20.03(1)
- Responding to demand for inspection of relevant evidence 17.04
- Responding to demand for production of original document 14.10
- Responding to demand for production of undisclosed information 14.09(2)
- Responding to request for admission of facts 20.03(2), 20.04(1)
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Deadline (Discovery)
- Corporate party, correction of error in discovery answer 18.19(2)
- Corporate party, naming designated manager for discovery [Application] 14.14
- Corporate party, naming of designated manager for discovery [Action] 14.14
- Correcting error in an answer to an interrogatory 19.09
- Delivering discovery subpoena (non-party) [Action] 18.06
- Delivering discovery subpoena (party) [Action] 18.04(6), 18.04(7)
- Delivering medical report to other party 21.05(2)
- Discoveries in Action for damages under $100,000 57.10
- Notifying non-party of discovery subpoena [Action] 18.06
- Performing undertaking made at discovery 18.16(6)
- Responding to demand for interrogatories 19.05(1), 19.07(1)
- Revoking discovery subpoena (non-party) [Action] 18.05(4)
- Deadline (Documents)
- Deadline (Elections)
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Deadline (Expert opinion)
- Delivering treating physician’s narrative 55.14(2)
- Filing a treating physician’s narrative [Action] 55.14(2)
- Filing expert's report [Action] 55.03(1)
- Filing expert's report and rebuttal report [Family Proceeding] 55.03(4)
- Filing rebuttal experts’ report [Action] 55.03(2)
- Responding to written questions to expert 55.11(5)
- Submitting written questions to court appointed expert 55.12(3)
- Submitting written questions to expert 55.11(2)
- Deadline (Guardianship)
-
Deadline (Judicial Review)
- Dismissal of dormant habeas corpus 7.29
- Dismissal of dormant Judicial Review 7.29
- Filing affidavit of new evidence 7.27(2)
- Filing a record of a decision-making authority for Judicial Review 7.09(1)
- Filing motion to introduce new evidence 7.27(3)
- Filing Notice of Discontinuance 9.02(1)
- Filing notice of Judicial Review 7.05(1)
- Filing notice of Judicial Review for mandamus, certiorari, or prohibition 64.03(2)
- Filing notice of participation in a Judicial Review 7.08(2)
- Hearing motion for directions in a Judicial Review 7.05(3), 7.06(4)
- Notifying others of Judicial Review Application 7.07
- Deadline (Mortgages)
-
Deadline (Motions)
- Delivering ex parte order to affected party 22.06(1)
- Filing a Disposition order when judge finds a child in need of protective services 60A.16(2)
- Filing documents for Appearance Day Motion 25.05(2)
- Filing documents for ex parte Motion 23.14(3)
- Filing documents for rehearing of ex parte motion 22.09
- Filing documents for unopposed Chambers Motion 23.11(2)
- Filing documents to vary interim order 60A.10(7)
- Filing notice of Appearance Day Motion 24.04
- Filing notice of motion to review prothonotary’s order 30.04(2)
- Filing notice of Regular Chambers Motion 23.11(1)
- Filing notice of Special Time Chambers Motion 23.06
- Filing transcript of out-of-court examination for Regular Chambers Motion 23.04(1)
- Hearing Lengthy Special Time Chambers Motion (more than half-day) 23.05(3)
- Hearing Short Special Time Chambers Motion (less than half-day) 23.05(3)
- Notifying party of intention to cross-examine in Lengthy Special Time Chambers Motion (more than half-day) 23.09(3)
- Notifying party of intention to cross-examine in Short Special Time Chambers Motion (less than half-day) 23.09(3)
- Notifying party of rehearing of ex parte motion 22.07
- Rehearing ex parte motion 22.07
- To review Supervision Order after child is taken into care 60A.24(4)
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Deadline (Order)
- Delivering draft order or objection to judge 78.04(3)
- Delivering draft order to party 78.04(3)
- Expiry of execution order 79.22
- Joint account holder to request determination of judgment debtor’s interest in account 79.09(7), 79.10(1)
- Judgment creditor to obtain execution order 79.05
- Returning consent to draft order, or objection 78.04(3)
- Deadline (Settlement)
- Deadline (Temporary remedies)
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Decision-making authority
- Appeal of tribunal decision to Court of Appeal, See: Civil Appeal
- Arm of authority as party in Judicial Review 35.04
- Audio recording for use on appeal 90.29
- Authority determined on Judicial Review 7.11
- Decision or summary of decision 7.05(4), 7.09, 7.10
- Definition of "decision" 7.01
- Definition of "decision-making authority" 7.01
- Definition of "tribunal" 90.01
- Definition of "tribunal appeal" 90.01
- Duty of authority to produce record and decision for Judicial Review 7.05(4), 7.09, 7.10
- Final order of Court of Appeal, registration in tribunal appealed from [Civil Appeal] 90.53
- Form 7.05, Notice for Judicial Review [by Supreme Court] 7.05, F.7.05, F.82.09C
- Form 7.08, Notice of Participation [in Appeal to Court of Appeal] 90.20, F.7.08
- Form 7.08, Notice of Participation [in Judicial Review by Supreme Court] 7.08, F.7.08
- Form 82.09C, Heading [for Notice for Judicial Review, Form 7.05] 82.09, F.82.09C
- Form 90.06, Notice of Appeal (Tribunal) [to Court of Appeal] 90.07, F.90.06
- Form 90.07, Notice of Application for Leave to Appeal (Workers’ Compensation) [to Court of Appeal] 90.07
- Form 90.08, Notice of Appeal (Child Protection) [to Court of Appeal] 90.08, F.90.08
- Form 90.09, Notice of Application for Leave to Appeal and Notice of Appeal (Interlocutory) [to Court of Appeal] 90.09, F.90.09
- GENERAL provisions, SEE: Judicial Review
- Indemnity for expense re failure to produce record for Judicial Review 7.09(3)
- Injunction on Judicial Review 7.09(3), 7.11
- Notice for Judicial Review [by Supreme Court] 7.05, F.7.05, F.82.09C
- Notice of Appeal (Child Protection) [to Court of Appeal] 90.08, F.90.08
- Notice of Appeal (Tribunal) [to Court of Appeal] 90.07, F.90.06
- Notice of Application for Leave to Appeal (Workers’ Compensation) [to Court of Appeal] 90.07
- Notice of Application for Leave to Appeal and Notice of Appeal (Interlocutory) [to Court of Appeal] 90.09, F.90.09
- Notice of Participation [in Appeal to Court of Appeal] 90.20, F.7.08
- Notice of Participation [in Judicial Review by Supreme Court] 7.08, F.7.08
- Notification of application for Judicial Review 7.07
- Oral reasons for decision 7.05(4), 7.09, 7.10
- Participation in appeal to Court of Appeal [Civil Appeal] 90.07, 90.20
- Participation in Judicial Review 7.05(4)
- Record of proceeding for Judicial Review 7.05(4), 7.09, 7.10
- Record of proceeding for use on appeal [Civil Appeal] 90.28, 90.29
- Respondent party in Judicial Review 35.04
- Stay of decision under Judicial Review 7.05(4), 7.28
- Subpoena to compel attendance of witness at hearing 50.07, 50.12, 50.13
- Transcript of audio recording for use on appeal 90.29, 90.30
- Declaration of capacity or competency
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Defamation action
- Jury trial, verdict by jury 52.13
-
Default judgment
- Abuse of process where default judgment obtained by sharp practice 8.10
- Against third party 4.12(1)
- Availability 8.02, 8.03
- Damages assessed by judge, in claim for deficiency judgment in mortgage foreclosure 72.11, 72.12, 72.13
- Damages assessed by judge, on motion 8.08, 70
- Damages assessed by prothonotary 8.06, 8.07, 70.01
- Damages assessed by referee on a reference 11.02(3), 70.02(2)
- Damages assessment deferred when amount or facts in issue 8.08(2)
- Damages assessment generally, SEE: Assessment of damages
- Deadline for filing Demand for Notice 31.12
- Deadline for filing Notice of Defence 4.05(6), 4.07(3), 31.12
- Deadline for filing Notice of Defence (and motion for default judgment) for pre-2009 Actions 92.05
- Deadline lengthened or shortened (SEE ALSO: Time) 31.12(6)
- Deemed admission of pleadings 8.05, 31.12(4)
- Deficiency in mortgage foreclosure funds, default judgment for 72.11, 72.12, 72.13
- Draft order for judgment 8.02(2), 78.04
- For failure to contest claim for deficiency judgment in mortgage foreclosure 72.11
- For failure to file Notice of Defence or Demand for Notice 8.02, 8.03, 31.12(4)
- For failure to file notice or pleading in interpleader proceeding 76.06
- Formula for assessing amount of judgment 8.06, 8.07
- In Action for debt 4.03(4), 8.06, 67.05(2)
- In appeal to the Court of Appeal [Civil Appeal] 90.40
- In appeal to the Court of Appeal [Criminal Appeal] 91.20
- In enforcement of a builders’ lien 67.05
- Injunction to enforce a default judgment 75.02
- Interest calculation 8.07
- In third party claim, restrictions on availability 4.12(1)
- Judge granting default judgment [Action] 8.03, 8.08, 8.09, 70, 72.11
- Judgment obtained by sharp practice 8.10
- Liquidated demand claim 8.06
- Mortgage foreclosure, default judgment for deficiency in sale proceeds 72.12, 72.13
- Mortgage foreclosure, deficiency judgment 72.11, 72.12, 72.13
- Notice requirement re default judgment 8.02(2), 8.03
- Order for accounting 66.02(2)
- Partial judgment on one claim only 8.04
- Prejudgment interest calculation 8.07
- Proof of notification of Action, requirements 8.02, 8.03
- Prothonotary granting default judgment [Action] 8.02, 8.06, 8.07
- Reasonable warning requirements, in preventing default 8.10
- Receiver appointed to enforce a default judgment 73.02(2)
- Setting aside default judgment 8.09, 8.10(2)
- Sharp practice in obtaining default judgment 8.10
- Summary disposition for failure to appear or file Notice of Contest [Application] 5.14(2)
- Terms of default judgment 8.05
-
Default Rules
- SEE: Disclosure (electronic information)
-
Defendant
- SEE: Defending a claim 4.11
-
Defending a claim
- Abuse of process allegation 88.05
- Admission or denial of facts 4.05(4)
- Claim against third party (generally) 4.11
- Consent to judgment by withdrawal of all defences 9.05
- Counterclaim against plaintiff, SEE: Counterclaim
- Crossclaim against other defendant, SEE: Crossclaim
- Deadline for filing Demand for Notice of all steps in proceeding 31.12(1)
- Deadline for filing Notice of Defence 4.05(6), 4.07(3), 31.12
- Deadline for filing Notice of Defence and Counterclaim 4.08(7), 31.12(2)
- Deadline for filing Notice of Defence with Crossclaim 4.09(7), 31.12(2)
- Deadline lengthened or shortened (SEE ALSO: Time) 31.12(6)
- Deemed admission of claim, when failure to defend 31.12(4)
- Default judgment for failure to defend 8.02, 8.03, 31.12(4)
- Defence of tender and payment of money into court 46.02, 46.03
- Demand for Notice where no defence filed, SEE: Demand for notice
- Denial of plaintiff’s right to claim as a representative, partnership or corporation 38.05
- Discontinuance of defence, SEE: Discontinuance
- Disentitlement to further notice, for failure to file defence 31.12(5)
- Dismissal for lack of jurisdiction 4.07(1)
- Document heading requirements 4.05(3)
- Facts admitted and denied, inclusion in Statement of Defence 4.05(4), 5.04(2)
- Failure to file defence 31.12(5)
- Failure to file Notice of Defence or Demand for Notice, consequences and remedies 31.12(4), 31.12(5), 31.12(7)
- Form 4.02B, Statement of Counterclaim 4.08, F.4.02B
- Form 4.02B, Statement of Crossclaim 4.09, F.4.02B
- Form 4.05A, Notice of [Third Party’s Defence in Main Action] 4.12, F.4.05A
- Form 4.05A, Notice of Defence 4.05, 31.12, F.4.05A
- Form 4.05A, Notice of Defence [to Counterclaim] 4.12, F.4.05A
- Form 4.05A, Notice of Defence [to Crossclaim] 4.12, F.4.05A
- Form 4.05A, Notice of Defence [to Third Party Claim] 4.12, F.4.05A
- Form 4.05B, Statement of Defence 4.09, F.4.05B
- Form 4.05B, Statement of Defence to Counterclaim 4.12, F.4.05B
- Form 4.05B, Statement of Defence to Crossclaim 4.12, F.4.05B
- Form 4.05B, Statement of Defence to Third Party Claim 4.12, F.4.05B
- Form 4.05B, Statement of Third Party’s Defence in Main Action 4.12, F.4.05B
- Form 4.06, Demand for Notice 4.06, F.4.06
- Form 4.08, Notice of Defence and Counterclaim 4.08, F.4.08
- Form 4.09, Notice of Defence with Crossclaim 4.09, F.4.09
- Form 9.02, Notice of Discontinuance 9.02, F.9.02
- Form 9.05A, Notice of Withdrawal 9.05, F.9.05A
- Form 9.05B, Consent to Judgment 9.05, F.9.05B
- Intention to defend 8.10(1)
- Joint proceeding against plaintiff and third party 4.10
- Jurisdiction, dismissal for lack of jurisdiction 4.07(1)
- Jurisdiction, submitting to jurisdiction of court 4.07(2)
- Notice of [Third Party’s Defence in Main Action] 4.12, F.4.05A
- Notice of Defence 4.05, 31.12, F.4.05A
- Notice of Defence [to Counterclaim] 4.12, F.4.05A
- Notice of Defence [to Crossclaim] 4.12, F.4.05A
- Notice of Defence [to Third Party Claim] 4.12, F.4.05A
- Notice of Defence and Counterclaim 4.08, F.4.08
- Notice of Defence with Crossclaim 4.09, F.4.09
- Notice of Discontinuance 9.02, F.9.02
- Notice of Withdrawal 9.05, F.9.05A
- Payment into court of fund equal to value of pre-claim tender, to justify defence of tender 46.02, 46.03
- Pleadings, GENERAL provisions, SEE: Pleading
- Security for costs of successful defence, SEE: Security for costs
- Separation of allegation that proceeding is abusive 88.05
- Statement of admitted facts and denied facts 4.05(4), 5.04(2)
- Statement of Counterclaim 4.08, F.4.02B
- Statement of Crossclaim 4.09, F.4.02B
- Statement of Defence 4.09, 38, F.4.05B
- Statement of Defence to Counterclaim 4.12, 38, F.4.05B
- Statement of Defence to Crossclaim 4.12, 38, F.4.05B
- Statement of Defence to Third Party Claim 4.12, 38, F.4.05B
- Statement of Third Party’s Defence in Main Action 4.12, F.4.05B
- Third party claim 4.11(4)
- Third party’s defence to main Action 4.12
- Undefended Action, SEE: Demand for notice
- Withdrawal of defence, SEE: Withdrawal
-
Definitions
- "action" [in summary judgment] 13.02
- "action under $100,000" 57.01
- "actually possess" 14.02(1)
- "amount involved" [Tariff F, discontinuance or settlement] 77.18
- "amount involved" [Tariffs generally] 77.18
- "appeal" [Civil Appeal] 90.01
- "appeal" [Criminal Appeal] 91.01(1)
- "appeal as to costs only" [Civil Appeal] 90.01
- "appellant" [Civil Appeal] 90.01
- "appellant" [Criminal Appeal] 91.01(1)
- "Applicant" for divorce proceedings 59.05(1)
- "application" 59.01
- "application" [in legislation] 94.05
- "attachment" 44.05
- "Attorney General" 91.01(1)
- "cause of action" 13.02
- "chambers" sittings 49.02
- "Chief Justice" [Civil Appeal] 90.01
- "Chief Justice" [Criminal Appeal] 91.01(1)
- "Chief Justice" [for purposes of review of order of Court of Appeal judge] 90.38
- "Chief Justice" [for review of order of Court of Appeal judge [Civil Appeal] 90.38
- "Chief Justice" [generally] 94.10
- "child" 94.10
- "child protection appeal" [Civil Appeal] 90.01
- "claim" 94.10
- "close of pleadings" 94.10
- "Code" 91.01(1)
- "computer" 14.02(1)
- "control" 94.10
- "corporate party" 94.10
- "corporation" 94.10
- "counsel" 94.10
- "Counsel of record" for divorce proceedings 59.05(5)
- "court" 94.10
- "court appealed from" [Civil Appeal] 90.01
- "Court of Appeal" [Civil Appeal] 90.01
- "Court of Appeal" [Criminal Appeal] 91.01(1)
- "Court of Appeal" [generally] 94.10
- "court officer" at the Supreme Court (Family Division) 59.01
- "court transcriber" 94.10
- "day" [clear business day] 94.02
- "decision" [Judicial Review and Appeal to Supreme Court] 7.01
- "decision" [summary conviction appeal] 63.01
- "decision-making authority" 7.01
- "defendant" 13.02
- "deposit-taking corporation" 94.10
- "designated manager" 14.02(1)
- "document" [disclosure and discovery] 14.02(1)
- "document" [generally] 94.10
- "electronic information" [disclosure and discovery] 14.02(1)
- "electronic information" [generally] 94.10
- "exactly copy" 14.02(1)
- "ex parte Application" 5.02(1)
- "ex parte order" 5.02(1)
- "Family Division" 94.10
- "family maintenance or support" 94.10
- "favourable judgment" 10.09(1)
- "file" [Civil Appeal] 90.01
- "file" [generally] 94.10
- "finish date" 94.10
- "full disclosure" 14.08(2)
- "general appeal" [Civil Appeal] 90.01
- "Guidelines" 59.01
- "individual" 94.10
- "interlocutory appeal" [Civil Appeal] 90.01
- "interlocutory order" [Civil Appeal] 90.01
- "judge" 94.10
- "judge" of the Supreme Court (Family Division) 59.01
- "judgment" [Civil Appeal] 90.01
- "judgment" [Criminal Appeal] 91.01(1)
- "judgment" [enforcement by execution order] 79.01
- "judgment creditor" 94.10
- "judgment debtor" 94.10
- "legislation" 94.10
- "length of trial" 77.18
- "medical practitioner" 94.10
- "month" (in Time Definition Act, not in Rules) 94.02
- "moveable" 94.10
- "officer" 94.10
- "order" 78.01
- "order for payment of money" 94.10
- "ordinary settlement conference" 10.11
- "party" 94.08
- "perfected appeal" [in appeal to Court of Appeal [Civil Appeal] 90.43
- "person" 94.08
- "Petitioner" for divorce proceedings 59.05(3)
- "plaintiff" 13.02
- "prisoner appeal" 91.01(1)
- "proceeding" 94.10
- "prothonotary" [Criminal Appeal] 91.01(1)
- "prothonotary" [generally] 94.10
- "readily identifiable" 16.02
- "receiver" 94.10
- "reference" [question to a referee] 11.01
- "registrar" [Civil Appeal] 90.01
- "registrar" [Criminal Appeal] 91.01(1)
- "registrar" [generally] 94.10
- "registry number" 94.10
- "relevant" and "relevancy" 14.01(1)
- "respondent" [Civil Appeal] 90.01
- "Respondent" for divorce proceedings 59.05(2)
- "response" 59.01
- "search" [disclosure of electronic information] 16.08(1)
- "sentence appeal" 91.01(1)
- "session" [in legislation]
- "sheriff" 79.01
- "sitting" [in legislation] 94.04
- "sort" [documents or electronic information] 14.02(1)
- "statement" 59.01
- "statement of claim" [pleadings] 38.01(2)
- "statement of claim" [summary judgment] 13.02
- "statement of defence" [pleadings] 38.01(2)
- "statement of defence" [summary judgment] 13.02
- "step in proceeding" 94.10
- "storage medium" 14.02(1)
- "subsequent encumbrancer" 94.10
- "sufficient search" [electronic information] 16.08(1)
- "support" 59.01
- "teleconference" 94.10
- "trial" 13.02
- "trial-like settlement conference" 10.11
- "tribunal" [Civil Appeal] 90.01
- "tribunal appeal" [Civil Appeal] 90.01
- "written agreement" 59.01
- "year" 94.02
-
Delay
- Abridging documents for appeal to Court of Appeal to avoid expense or delay 90.30(4)
- Contempt hearing, scheduling without delay 89.07
- Delay as factor in choice of proceeding [Action or Application] 6.02(6)
- Delay as factor in determining request for intervention in proceeding 35.10
- Delayed date assignment conference, when available 4.14
- Delay in disclosure or discovery as ground for early date assignment conference 4.13(2)
- Delay in motion for execution order to enforce judgment 79.05(3)
- Delay in notifying party of evidence to be presented at trial 51.02(3)
- Dismissal for delay, effect on counterclaim, crossclaim, or third party claim 4.22(1)
- Dismissal for delay (for want of prosecution) generally 82.18
- Dismissal for delay [Action] 4.22, 82.18
- Dismissal for delay [Appeal to Supreme Court] 7.29, 82.18
- Dismissal for delay [Application] 5.18, 82.18
- Dismissal for delay in civil appeal to Court of Appeal 90.44
- Dismissal for delay in criminal appeal to Court of Appeal 91.20
- Dismissal for delay in habeas corpus proceedings 7.29
- Early date assignment conference, availability where delay by party 4.13(2), 24.02(2)
- Failure to proceed without delay when temporary remedy granted 41.06(3), 42.07(3), 43.04
- Full disclosure presumption, effect on cost, burden and delay of proceeding 14.07, 14.08
- Interest calculation where delay in execution of judgment due to appeal to Court of Appeal [Civil Appeal] 90.41(3)
- Non-compliance with Rules by delay, whether invalidating step or document in proceeding 2.02(3)
- Receivership, penalties for delays by receiver 73.11(3)
- Refusal of trial dates for delay and inaccurate trial readiness estimates 4.16(4)
- Renewal of expired documents when inadvertent delay in notice of commencement of proceeding 4.04
-
Demand for notice
- Availability where no defence, or decision not to defend 4.06, 31.12
- By Attorney General, re constitutional question 31.19
- By defendant, of all further steps in proceeding 4.02(3), 4.06, 31.12
- Deadline for filing Demand for Notice 31.12
- Default judgment, entitlement and procedure 8.02(1), 31.12
- Defending a claim or Action, SEE: Defending a claim
- Discontinuance of further notice in an Action, by order 31.12(8)
- Disentitlement to further notice in an Action, for failure to file Demand for Notice 31.12
- Failure to file Notice of Defence or Demand for Notice, consequences and remedies 8.02(2), 31.12(4), 31.12(5), 31.12(7)
- Form 4.06, Demand for Notice 4.06, F.4.06
- In counterclaim, crossclaim, or third party claim 4.06, 4.11(4), 31.12
- Notice requirement re default judgment 8.03(2)
- Pleadings, close of when Demand for Notice filed [Action] 38.11
- Procedure for default judgment 8.02(2), 31.12
- Undefended Action 4.06, 31.12
-
Depositions
- SEE: Affidavit; Disclosure and discovery; Discovery; Interrogatories
-
Designated address
- SEE: Address
-
Designated manager
- SEE: Corporate party
-
Direct examination
- SEE: Civil Appeal; Criminal Appeal; Hearing; Jury trial; Trial; Witness
- Direction to appear
-
Direction to disclose
- Filing financial statements regarding a claim for support 59.25
-
Disclosrue and discovery
- Child may not be examined for discovery 59.28(2)
-
Disclosure (documents)
- Accounting records for taking accounts 66.04(3)
- Affidavit of documents, filing with prothonotary 82.05
- Affidavits of documents for disclosure in an action 15.03, 15.04
- Authenticity presumption, and rebuttal 54.05
- Book or electronic copy of documents 15.05
- Certificates of advice or understanding re disclosure duties 15.03(3), 15.03(4)
- Claim for support, deadline requirements for Disclosure of Financial statements by Affidavit 59.23, 62.17
- Claim for support, requirements 59.21, 62.17, 62.18
- Deadline for delivering (exchanging) affidavits and documents [Action] 15.03, 15.05
- Deadline for notifying disclosing party of mistaken disclosure of privileged information 14.06(3)
- Deadline for notifying receiving party of mistaken disclosure of privileged information 14.06(4)
- Deadline for producing original copy of information 14.10
- Deadline for producing undisclosed document 14.09(2)
- Deadline for rebutting presumption of authenticity of electronic information 54.05(1)
- Definitions, SEE: Disclosure and discovery
- Demand for production of document at trial or hearing 14.11
- Demand for production of undisclosed copy, or original copy 14.09, 14.10
- Directions for disclosure of documents 15.07
- Direction to Appear and Disclose 59.26
- Direction to Disclose 59.25
- Disclosure in aid of enforcement of order 89.03(2)
- Disclosure in an Action 15.03
- Disclosure in an Application 15.06
- Documents not to be filed with prothonotary 82.05
- Duty to make disclosure of documents 15.02, 15.04
- Electronic versions of documents (scanned) 15.05(5)
- Exchange of affidavits of documents [Action] 15.03, 15.04
- Expense of disclosure 14.07, 14.08
- Expert’s report containing new information 55.08
- Filing financial statements regarding a claim for support, exceptions 59.21(3), 62.17
- Filing financial statements regarding a claim for support, requirements 59.21(2), 59.22, 62.17
- Form 15.03A, Affidavit Disclosing Documents (Individual) 15.03, F.15.03A
- Form 15.03B, Affidavit Disclosing Documents (Corporate) 15.03, F.15.03B
- Form 59.25, Direction to Disclose 59.25, F.59.25
- Form 59.26A, Order to Appear and Disclose 59.26, F.59.26A
- Form 59.26B, Order to Disclose 59.26(6), F.59.26B
- Form 59.27, Order for Disclosure by a Non-party 59.27, F.59.27
- Form 59.30, Direction to Appear 59.30(4), F.59.30
- Full disclosure presumption, and rebuttal 14.08, 14.09, 14.12, 15.07, 18.18, 57.08
- GENERAL provisions, SEE: Disclosure and discovery
- Negligent disclosure of privileged information 14.06(1)
- Oath or affirmation by party, for affidavit of documents 15.03(2)
- Objection to demand for production 14.09, 51.02
- Order for production of document 14.12
- Presumption of authenticity, and rebuttal 54.05
- Privileged communications with counsel 15.03(3)
- Privileged documents 15.02(2), 15.03(3)
- Privileged information 14.05, 14.06, 14.12(3)
- Privileged information, determination of claim of privilege 85.06
- Privileged information, disclosure by mistake 14.06
- Privileged information, redaction during "sorting" of information 14.02(1), 15.02(1)
- Privileged information, waiver of privilege 14.05(1), 14.06(4)
- Records management systems ineffective or unreasonable 14.06(1), 14.07
- Relevancy of information determined by judge 14.01
- Scanned documents treated as electronic documents 15.05(5)
- Schedules for affidavit disclosing documents 15.03(3)
- Sorting of information to redact irrelevant or privileged information 14.02(1), 15.02(1)
- Supplementary affidavit disclosing documents 15.04
- Supplementary affidavit of documents from expert’s report 55.08
- To be filed in Divorce proceeding 59.04
- Under Rule 15, Disclosure of Documents, exceptions under Rule 59 59.19(4)
- Under Rule 16, Disclosure of Electronic Information, exceptions under Rule 59 59.19(4)
- Under Rule 59 - Family Division Rule, exceptions 59.19(3)
- Under Rule 59 - Family Division Rule, obligations 59.19(2), 59.19(3)
- Withholding evidence needed to impeach witness 4.18(2), 6.02(4), 6.03(2), 94.09
-
Disclosure (electronic)
- Abuse of process for breach of disclosure agreement 16.05(3)
- Abuse of process for deletion or destruction of electronic information 16.13, 16.15
- Affidavit, filing restrictions re prothonotary 82.05
- Affidavit listing information being disclosed 16.09, 16.10
- Agreement about preservation and disclosure 16.01, 16.04, 16.05, 16.06
- Authenticity presumption, and rebuttal 54.05
- Breach of disclosure agreement 16.05
- Certificate of advice or understanding re disclosure duties 16.09(3), 16.09(4)
- Changes to data, factors in preservation 16.02
- Contempt for failure to preserve electronic information 16.13(2)
- Copy of electronic information in an Action (default provision) 16.02(4), 16.11
- Deadline for delivering (exchanging) affidavits and electronic information [Action] 16.07, 16.09(1), 16.11
- Deadline for notifying disclosing party of mistaken disclosure of privileged information 14.06(3)
- Deadline for notifying receiving party of mistaken disclosure of privileged information 14.06(4)
- Deadline for producing original copy of information 14.10
- Deadline for producing undisclosed document 14.09(2)
- Deadline for rebutting presumption of authenticity of information 54.05(1)
- Default Rules for disclosure where no agreement [Action] 16.06, 16.07, 16.08, 16.09, 16.10, 16.11, 16.13
- Default Rules for disclosure where no agreement [Application] 16.06, 16.12, 16.13
- Definitions, SEE: Disclosure and discovery
- Deletion or destruction of electronic information 16.13, 16.15
- Demand for preservation of electronic information 16.02(6)
- Demand for production of information at trial or hearing 14.11
- Demand for production of undisclosed copy, or original copy 14.09, 14.10
- Description of relevant electronic information in an Application 16.12(2)
- Designated manager for discovery of corporation 14.14
- Directions for disclosure of electronic information 16.01, 16.04, 16.06, 16.14(3)
- Disclosure agreements 16.01, 16.04, 16.05, 16.06
- Disclosure in aid of enforcement of order 89.03(2)
- Disclosure in an Action or Application where no agreement (default provisions), SEE: Default Rules (above)
- Disclosure Rules where no agreement 16.06
- Duty to disclose electronic information 16.01, 16.03, 16.10, 16.12
- Duty to preserve electronic information 16.01, 16.02, 16.04, 16.14(3)
- Examples of electronic information 14.02(1)
- Expense of disclosure 14.07, 14.08
- Expert’s report containing new information 55.08
- Failure to comply with default Rules or agreements for disclosure 16.06, 16.13(2)
- Form 16.09A, Affidavit Disclosing Electronic Information (Individual) 16.09, F.16.09A
- Form 16.09B, Affidavit Disclosing Electronic Information (Corporate) 16.09, F.16.09B
- Full disclosure presumption, and rebuttal 14.08, 14.09, 14.12, 15.07, 18.18, 57.08
- Full disclosure presumption, and rebuttal [Application] 14.08(6)
- Limits to duty to preserve or disclose electronic information 16.04, 16.14(3)
- Loss of electronic information 16.13, 16.15
- Metadata associated with electronic information 14.02(1), 16.02(4)
- Negligent deletion or destruction of electronic information 16.13, 16.15
- Oath or affirmation by party, for affidavit of information 16.09(2)
- Objection to demand for production 14.10, 51.02
- Order for preservation of electronic information 16.02(6)
- Order for production of information 14.12
- Order to process data 14.13
- Preservation agreements 16.04
- Preservation of electronic information 16.02, 16.04, 16.12(3), 57.07
- Preservation of electronic information in Actions under $100,000 57.07, 58.01, 58.03
- Presumption of authenticity, and rebuttal 54.05
- Privileged information 14.05, 14.06, 14.12(3), 16.03, 16.12
- Privileged information, determination of claim of privilege 85.06
- Privileged information, disclosure by mistake 14.06
- Privileged information, redaction during "sorting" of information 14.02(1), 16.03
- Privileged information, waiver of privilege 14.05(1), 14.06(4)
- Relevancy of information determined by judge 14.01
- Rules for disclosure in default of agreement 16.06
- Scanned documents treated as electronic documents 15.05(5)
- Schedules for affidavit disclosing documents 16.09(3)
- Searches for electronic information 16.03(1), 16.08, 16.12(3)
- Sorting of information to redact irrelevant or privileged information 14.02(1), 16.03
- Spoilation (deletion or destruction) of electronic information 16.13, 16.15
- Sufficient search (default provision) 16.08, 16.12(3)
- Supplementary affidavit of electronic information from expert’s report 55.08
- Supplementary affidavit of electronic information in an action (default provision) 16.10
- Time for disclosure in an action (default provision) 16.07
- Withholding evidence needed to impeach witness 4.18(2), 6.02(4), 6.03(2), 94.09
-
Disclosure (other things)
- Certificates of advice or understanding re disclosure duties 15.03(3), 15.03(4)
- Contempt for failure to obey order for inspection 17.05(3)
- Deadline for disclosing other relevant evidence 17.02
- Deadline for responding to demands for inspection 17.04
- Definitions, SEE: Disclosure and discovery
- Demand for inspection 17.04
- Expert’s report 17.06
- Expert’s report containing new evidence 55.08
- Full disclosure presumption, and rebuttal 14.08, 14.09, 14.12, 15.07, 18.18
- GENERAL provisions, SEE: Disclosure and discovery
- How to make disclosure 17.03
- Injunction to secure inspection 17.05
- Inspection of relevant things 17.04, 17.05, 17.06
- Judge's direction to parent or guardian with no involvement with child for an extended period of time 60A.10(1)
- Order for inspection 17.05
- Relevancy of information determined by judge 14.01
- Testing, taking samples, and experiments 17.05
- When to disclose 17.02
- Written description of thing to be inspected 17.03
-
Disclosure and discovery
- Accidental disclosure of privileged information 14.06(1)
- Actions under $100,000 57.08, 58.01, 58.03
- Canada Evidence Act, s. 37-39 prevail over Rules 14.05(4)
- Child to be questioned on discovery if court permits 60A.11(2)
- Collateral use of disclosed or discovered information 14.03
- Confidential information, protection of 14.06
- Copy of electronic information 14.02
- Corporate party to designate manager for discovery 14.14
- Cost, burden and delay of full disclosure 14.07, 14.08
- Deadlines, SEE: Admission of fact; Disclosure (documents); Disclosure (electronic); Disclosure (other things); Discovery; Experts; Interrogatories
- Definition of "actually possess" 14.02(1)
- Definition of "computer" (includes Blackberry, PDA, smartphone) 14.02(1)
- Definition of "designated manager" 14.02(1)
- Definition of "document" 14.02(1)
- Definition of "electronic information" 14.02(1)
- Definition of "exactly copy" 14.02(1)
- Definition of "full disclosure" 14.08(2)
- Definition of "readily identifiable" 16.02
- Definition of "relevant" 14.01
- Definition of "sort" 14.02(1)
- Definition of "storage medium" 14.02(1)
- Definition of "sufficient search" 16.08
- Delay in disclosure or discovery as ground for early date assignment conference 4.13(2)
- Demand for production of, or access to, original 14.10
- Demand for production of information at trial or hearing 14.11
- Demand for production of undisclosed copy 14.09
- Designated manager for discovery of corporation 14.14
- Determination of relevancy 14.01
- Disclosure of issues, in converting applications to actions 6.03
- Disclosure of privileged information by mistake 14.06
- Disclosure of withheld evidence no longer needed to impeach witness 94.09
- Documentation used in administering tests (privilege) 14.03(2)
- Duty of care respecting privileged information 14.06
- Duty to make full disclosure 14.08
- Economical disclosure in Actions under $100,000 57.08, 58.01, 58.03
- Enforcement of judgment, in aid of 80.03
- Examples of economical ways of making full disclosure in Actions under $100,000 57.08
- Exclusion of evidence for non-compliance with Rules 51.03
- Expense of disclosure 14.07, 14.08, 14.09
- Expert opinion, SEE: Experts
- Form 15.03A, Affidavit Disclosing Documents (Individual) 15.03, F.15.03A
- Form 15.03B, Affidavit Disclosing Documents (Corporate) 15.03, F.15.03B
- Form 16.09A, Affidavit Disclosing Electronic Information (Individual) 16.09, F.16.09A
- Form 16.09B, Affidavit Disclosing Electronic Information (Corporate) 16.09, F.16.09B
- Form 18.04A, Discovery Subpoena (Party) (Actions) 18.04, F.18.04A
- Form 18.04B, Representations and Undertaking (Party) (Actions) 18.04, F.18.04B
- Form 18.05A, Discovery Subpoena (Non-party) (Actions) 18.05, F.18.05A
- Form 18.05B, Representations and Undertaking (Non-party) (Actions) 18.05, F.18.05B
- Form 18.11, Discovery Subpoena (Application) 18.11, F.18.11
- Full disclosure presumption, and rebuttal 14.08, 14.09(2), 14.12(4), 15.07(2), 18.18(4), 57.08, 94.09
- Grounds for refusing production 14.09
- Implied undertaking re use of disclosed information 14.03
- Indemnity for expense of disclosure 14.07
- Indemnity for expense of obtaining production of undisclosed information 14.09(3)
- Independent person, appointment of to facilitate access to original copies of information 14.12(3)
- Judge's discretion at hearing regarding information that may be emotionally harmful to child 60A.11(3)
- Negligent disclosure of privileged information 14.06(1)
- Non-compliance with rules for disclosure 51.03
- Non-party, order for disclosure 14.12
- Objection to demand for production 6.02(4), 6.03(2), 14.09, 51.02, 94.09
- Objection to demand for production dropped, evidence offered at trial 51.02
- Order by motions judge [Court Application] 5.09(2)
- Order for production of information 14.12
- Order to process data 14.13
- Order to protect privileged information 14.06(8)
- Original copies of information 14.10, 14.11, 14.12
- Privileged information 14.02(1), 14.05, 14.06, 14.09, 14.12(3)
- Privileged information, determination of claim of privilege 85.06
- Privileged information, disclosure by mistake 14.06
- Privileged information, redaction during "sorting" of information 14.02(1)
- Privileged information, waiver of privilege 14.05(1), 14.06(4)
- Privilege under Canada Evidence Act, s. 37-39 14.05(4)
- Proportionality of costs and benefits of full disclosure 14.07(2), 14.08(3), 14.09(2), 14.12(4)
- Public archives and other public repository 14.15
- Questions, repetition at discovery and interrogatories 14.04
- Readily exchangeable format (electronic information) 14.02(2), 15.05(4), 15.06(1)
- Receivership proceedings 73.08
- Recipients of privileged information, duty to protect privilege 14.06
- Records management systems, effectiveness 14.06(1), 14.07
- Refusing production, grounds for 6.02(4), 6.03(2), 14.09, 94.09
- Relationship between discovery and interrogatories 14.04
- Relevancy of information 14.01, 14.09
- Relief from burden of full disclosure 14.07(2), 14.08(3), 14.09(2), 14.12(4)
- Repetition of questions at discovery and interrogatories 14.04
- Responding to demands for production of original copies of information 14.10
- Responding to demands for production of undisclosed information 14.09(2)
- Restricted to non-privileged information 14.05, 14.06, 14.12(3)
- Restrictions on disclosure on dismissal of motion for summary judgment 13.07(2)
- Sedona principles, SEE: Disclosure (electronic)
- Semblance of relevancy, replacement 14.01
- Withholding evidence needed to impeach witness 4.18(2), 6.02(4), 6.03(2), 94.09
- Disclosure and Discovery
-
Discontinuance
- Abandonment of criminal appeal to Court of Appeal 91.23
- Abuse of process re subsequent proceeding 9.07(3)
- Action 9.02
- Action for debt, discontinuance on payment of claim 9.04
- Appeal to Court of Appeal [Civil Appeal] 90.46
- Appeal to Court of Appeal [Criminal Appeal] 91.23
- Appeal to Supreme Court 9.02
- Application 9.02
- As of right 9.02
- Cause of Action remains 9.07(1)
- Costs may depend on stage of proceeding 9.06
- Counterclaim, crossclaim, or third party claim 9.03(5)
- Counterclaim, crossclaim, or third party claim, notice to continue 9.03(5)
- Deadline for discontinuance of counterclaim, crossclaim, or third party claim 9.03
- Deadline for discontinuing proceeding 9.02(1)
- Discontinuance of notice by judge (Supreme Court) 60A.02(4)
- Effect on counterclaim, crossclaim, or third party claim 9.03
- Form 9.02, Notice of Discontinuance 9.02, F.9.02
- Form 9.04, Receipt [for paid claim on Action for debt] 9.04(5), F.9.04
- Judicial Review 9.02
- Mandatory discontinuance of Action for debt 9.04
- Notice of Discontinuance 9.02
- Notice of Discontinuance (Family Proceeding) 59.16, F.59.16A
- Permission to discontinue proceeding 9.02(2)
- Receipt for paid claim on Action for debt 9.04
- Res judicata defence, prohibition on availability of in subsequent proceedings 9.07(3)
- Subsequent proceedings, discontinuance not a defence 9.07(1)
- Subsequent proceedings, possible abuse of process 9.07(3)
- Subsequent proceedings, terms for 9.07(2)
- Withdrawal, SEE: Withdrawal
-
Discovery
- Abuse of discovery process 18.23
- Accounting records for taking accounts 66.04(3)
- Adjournment of discoveries 18.17(6), 18.18(3), 18.23(1)
- Admissibility of evidence not disclosed at discovery 18.19
- Admission of material fact at discovery 20.02
- Agreement for interview or discovery without subpoena 18.03
- Alternatives to oral discovery 18.03
- As of right 18.04, 57.10(2)
- Audio or audio-visual recording of discoveries 18.15(2), 18.21(4)
- Child to be questioned on discovery if court permits 60A.11(2)
- Conduct of discovery 18.16
- Contempt for failure to attend or refusal to answer 18.22
- Contempt for failure to obey discovery subpoena in aid of execution 79.23(3)
- Contempt proceedings, restrictions on discovery 89.10
- Corporate party, designation of manager for discovery 14.14, 18.04, 18.10
- Corporate party, error in discovery answer 18.19
- Corporate party, whether bound by unauthorized discovery evidence 18.20(3)
- Court reporter, certification of discovery transcripts 18.21(1)
- Deadline for corporate party to correct error in discovery answer 18.19(2)
- Deadline for performing undertakings made at discoveries 18.16(6)
- Definitions, SEE: Disclosure and discovery
- Designated manager for corporate discovery 14.14, 18.04, 18.10
- Directions re conduct of discoveries 18.17(8)
- Discovery answers used to impeach witnesses 18.20(1)
- Discovery by agreement, without subpoena 18.03, 18.06, 18.09
- Discovery by order 18.12
- Discovery by subpoena (summons), SEE: Subpoena (below)
- Discovery in aid of enforcement of judgments 18.12(4), 79.23, 79.24, 79.25, 79.26, 80.03
- Discovery in an Action, SEE: Discovery (Action)
- Discovery in an Application, SEE: Discovery (Application)
- Discovery outside Nova Scotia 18.12(3), 18.14(2)
- Discovery Subpoena (Application) 18.11, F.18.11
- Discovery Subpoena (Non-party) (Actions) 18.05, F.18.05A
- Discovery Subpoena (Party) (Actions) 18.04, F.18.04A
- Documents disclosed, filing with prothonotary 82.05
- Duties of court reporters 18.16
- Duties of witnesses 18.13
- Enforcement of judgment, discovery in aid of 18.12(4), 79.23, 79.24, 79.25, 79.26, 80.03
- Error in discovery answer 18.19
- Evidence by discovery transcript only (not in person) 18.20
- Evidence not disclosed at discovery, admissibility 18.19
- Examples of abusive discovery conduct 18.23(3)
- Examples of cases requiring evidence by discovery transcript rather than in person 18.20(5)
- Examples of just, speedy, and inexpensive discovery 18.24(1)
- Exclusion of evidence for non-compliance with Rules 14.03
- Expense of discovery 14.07, 14.08, 18.04(4), 18.05(2)
- Experts, restrictions on discovery 18.13(5), 55.11, 55.12
- Failure to attend or refusal to answer 18.22
- Form 18.04A, Discovery Subpoena (Party) (Actions) 18.04, F.18.04A
- Form 18.04B, Representations and Undertaking (Party) (Actions) 18.04, F.18.04B
- Form 18.05A, Discovery Subpoena (Non-party) (Actions) 18.05, F.18.05A
- Form 18.05B, Representations and Undertaking (Non-party) (Actions) 18.05, F.18.05B
- Form 18.11, Discovery Subpoena (Application) 18.11, F.18.11
- Full disclosure presumption, and rebuttal 14.08, 14.09(2), 14.12(4), 15.07(2), 18.18(4), 57.08
- GENERAL provisions, SEE: Disclosure and discovery
- Grounds for discovery subpoena 18.02(1), 18.04(2), 18.24, 19.02
- Indemnity for expense of obtaining production of documents, etc. 18.18(2)
- Indemnity for expense re corporate party error in discovery answer 18.19
- Interrogatories, SEE: Interrogatories
- Interview of witness by agreement, without subpoena 18.03
- Judge's discretion at hearing regarding information that may be emotionally harmful to child 60A.11(3)
- Just, speedy, and inexpensive discovery 18.02(1), 18.04(2), 18.24, 19.02
- Notice of examination, SEE: Subpoena (below)
- Oaths and affirmations 18.16(4)
- Objection to discovery dropped, whether evidence offered at trial 51.02
- Objection to question at discovery 18.17
- Of corporate party through designated manager 14.14, 18.04, 18.10
- Of expert, restrictions on discovery 18.13(5), 55.11, 55.12
- Of intervenor 35.10
- Of judgment debtor or others, in aid of enforcement of orders 79.23, 79.24, 80.03
- Of non-party 18.05, 18.06
- Of party added to proceeding 35.08(6), 35.09
- Of party and corporate party 18.04
- Orders for production of documents, etc. for discovery 18.18(2)
- Place of discovery 18.14
- Preservation of evidence justifying order for discovery 18.12(2)
- Privileged information 14.05, 14.06, 14.12(3)
- Privileged information, determination of claim of privilege 85.06
- Privileged information, disclosure by mistake 14.06
- Privileged information, waiver of privilege 14.05(1), 14.06(4)
- Production of documents, etc. after discovery or at adjournment 18.18(1)
- Production of documents, etc. during discovery 18.13
- Proof of discovery questions and answers 18.21
- Prothonotary powers and duties 18.04(5), 18.05(4), 18.11, 50.02(3)
- Questions at discovery and interrogatories, restrictions re repetition 14.04
- Recipient of privileged information, protection of privilege 14.06
- Recording discoveries 18.15
- Refusal to answer discovery questions 18.22
- Relationship between discovery and interrogatories 14.04
- Relevancy of information, determination by judge 14.01
- Repetition of questions at discovery and interrogatories 14.04
- Representations, requirements for subpoena 18.04, 18.05
- Representations, requirements for subpoena [class proceeding] 68.06
- Representations and Undertaking (Non-party) (Action) 18.05, F.18.05B
- Representations and Undertaking (Party) (Action) 18.04, F.18.04B
- Requesting admission of material fact at discovery 20.02
- Responding to objections to questions 18.17
- Restrictions after dismissal of motion for summary judgment 13.07(2)
- Restrictions in class proceedings 68.06
- Restrictions in contempt proceedings 89.10
- Revoking a discovery subpoena 18.08, 18.24
- Scope of discovery 18.13
- Self-represented litigant, requirement for counsel for discovery 33.09
- Statement (sworn or affirmed) as alternative to oral discovery 18.03
- Subpoena for discovery generally 18.04, 18.05, 18.11
- Subpoena for discovery of judgment debtor [enforcement of a judgment] 79.23
- Subpoena restrictions in Actions under $100,000 57.10, 58.01, 58.03
- Subpoena restrictions in class proceedings 68.06
- Supervision of discovery by judge 18.23
- Termination or limitation for abusive conduct 18.23
- Transcript 18.04, 18.10, 18.20, 18.21, 23.08
- Transcript format 82.06(3)
- Transcript of the Discovery Examination of [name] 82.06(3)
- Translation and interpretation 18.16(5)
- Undertaking for subpoena [class proceeding] 68.06
- Undertaking for subpoena for additional corporate witness or non-party 18.04(4), 18.05(2)
- Undertaking made during discovery 18.16(6)
- Undertaking to pay expenses of additional corporate witness or non-party 18.04(4), 18.05(2)
- Use of discovery evidence 18.20
- Use of discovery evidence [class proceeding] 68.06(3)
- Waiver of privilege 18.13(4)
- Withdrawal of questions 18.17(2)
- Withholding evidence needed to impeach witness 4.18(2), 6.02(4), 6.03(2), 94.09
- Witness to be discovered only under an order for discovery after interim hearing 60A.11(1)
- Written questions, SEE: Interrogatories
-
Discovery (Action)
- Abuse of process for improper discovery subpoena 18.08
- Actions under $100,000 57.10, 58.01, 58.03
- Agreement for discovery 18.03
- Contempt for failure to obey discovery subpoena 18.04(5), 18.05(4)
- Court reporter expense 18.04(4), 18.05(2)
- Deadline for delivery of discovery subpoena 18.04(6), 18.04(7)
- Deadline for notice to non-party 18.06
- Deadline for revoking discovery subpoena 18.05(4)
- Discovery as of right (parties and two corporate witnesses) 18.04
- Discovery on undertaking to pay expenses (non-parties and other corporate witnesses) 18.05
- Duty of corporate party 18.04(8)
- Duty of party 18.02
- Economical discovery in Actions under $100,000 57.10, 58.01, 58.03
- Form 18.04A, Discovery Subpoena (Party) 18.04, F.18.04A
- Form 18.04B, Representations and Undertaking (Party) 18.04, F.18.04B
- Form 18.05A, Discovery Subpoena (Non-party) 18.05, F.18.05A
- Form 18.05B, Representations and Undertaking (Non-party) 18.05, F.18.05B
- GENERAL provisions, SEE: Discovery
- Interview by agreement 18.03
- Of corporate officer or employee 18.04
- Of non-party witness 18.05, 18.06
- Recording and transcription expense 18.04(4)
- Representations, requirements for subpoena 18.04, 18.05
- Restrictions on discovery in Actions under $100,000 57.10, 58.01, 58.03
- Revoking a discovery subpoena 18.08, 18.24
- Subpoena for discovery of non-party 18.05
- Subpoena for discovery of party 18.04
- Undertakings, requirements for subpoena 18.04(4), 18.05(2)
- Waiver of discovery subpoena 18.07
- Witness expense 18.04(4), 18.05
-
Discovery (Application)
- Agreement for discovery 18.09
- Approval for discovery subpoena, and directions 18.10
- Contempt for failure to obey discovery subpoena 18.11(2)
- Corporate officer or employee, discovery of 18.10
- Court reporter expense 18.10
- Form 18.11, Discovery Subpoena (Application) 18.11, F.18.11
- GENERAL provisions, SEE: Discovery
- Indemnity for witness expense 18.11(2)
- Ordered by motions judge (on Court Application) 5.09(2), 14.05(4)
- Order for discovery subpoena 18.10(2)
- Production of documents, etc. 18.11(2)
- Recording and transcription expense 18.10
- Subpoena for discovery 18.11
- Witness fees, attendance fees 18.10
-
Dismissal
- By motion for summary judgment, SEE: Summary judgment
- Consent to dismissal of motion for failure to deliver notice of motion before deadline 22.17
- Consent to dismissal of motion to Court of Appeal 90.35
- Delay in a counterclaim, crossclaim, or third party claim 4.22(1)
- Delay in a Judicial Review 7.29, 82.18
- Delay in an Action 4.22, 82.18
- Delay in an Appeal to Supreme Court 7.29, 82.18
- Delay in an Application 5.18, 82.18
- Delay in appeal to Court of Appeal [Civil Appeal] 90.44
- Delay in appeal to Court of Appeal [Criminal Appeal]
- Delay in habeas corpus (civil detention) proceedings 7.29
- Failure to appear at hearing of Application or motion 5.14(1)
- Failure to deliver notice of motion before deadline 22.17
- Failure to file or deliver documents for summary conviction appeal 63.09
- Failure to give security for costs in appeal to Court of Appeal [Civil Appeal] 90.42(2)
- Failure to make a motion for date and directions in child protection appeal [Civil Appeal] 90.08(3)
- Failure to meet requirements for reduction in parole ineligibility 65.09
- Failure to pay security costs when ordered 45.04
- Failure to perfect appeal in appeal to Court of Appeal [Civil Appeal] 90.43
- For abuse of process 88.02, 88.04
- Frivolous or vexatious appeal to Court of Appeal [Civil Appeal] 90.44
- Improper claim [Action for debt only] 4.03(3)
- Lack of jurisdiction, in appeal to Court of Appeal [Civil Appeal] 90.40(3)
- Lack of jurisdiction, in appeal to Court of Appeal [Criminal Appeal] 91.20(1)
- Lack of jurisdiction (in an Action) 4.07, 13.03, 31.09(8)
- Lack of jurisdiction (in an Application) 5.10(1)
- Lack of majority in appeal judgment [Civil Appeal] 90.49(5)
- No cause of Action 13.03
- No evidence to support plaintiff’s claim (non suit motion) 51.06
- No evidence to support summary judgment 13.07
- No genuine issue for trial 13.04
- Non-compliance with Rules, in appeal to Court of Appeal [Civil Appeal] 90.40(2)
- Non-compliance with Rules, in appeal to Court of Appeal [Criminal Appeal] 91.20(2)
- Non-compliance with Rules [Application] 5.15
- Non suit motion (no evidence supporting plaintiff’s claim) 51.06
- Payment of amount claimed [Action for debt only] 4.03(4)
- Prothonotary’s power to dismiss proceeding 82.20(2)
- Unsustainable pleadings 13.03
- Want of jurisdiction, SEE: Lack of jurisdiction (above)
- Dismissal order
-
Disposition
- Agency's Plan for the Child's Care, requirements 60A.17(1)
- Disposition hearing
- Disposition order
-
Divorce
- Answer to Petition for Divorce 59.10, 62.10, F.59.10, F.62.10
- Application for Divorce 59.04, 59.06(1), 59.07, F.59.07
- Application for divorce, written agreement 59.45
- Assignment of date for conference 59.41
- Corollary relief under Divorce Act 50.06(3), 59.06(2)
- Definition of "applicant" 59.05(1)
- Definition of "counsel of record" 59.05(5)
- Definition of "respondent" 59.05(2)
- Demand for Notice (Divorce Action), requirements 59.11, 62.11, F.59.11, F.62.11
- Designated address must be provided by party who starts or responds to a proceeding 59.15(1)
- Disentitled to further notice, circumstances relating to uncontested divorce 59.44
- Emergency application or motion 59.53
- Filing deadlines for financial statements for proceeding for suspension of child support 62.19
- Filing deadlines for financial statements in Action for divorce 62.19
- Filing deadlines for financial statements in Divorce actions 62.20
- Filing deadlines for financial statements in joint application for divorce 62.19
- For giving Notice of a Proceeding under Rule 31(Notice), applies under Rule 59 59.14(1)
- For giving Notice of a Proceeding under Rule 31 (Notice), exceptions under Rule 59 59.14(2)
- Form 59.09, Petition for Divorce 59.09(2), 62.09, F.59.09, F.62.09
- Form 59.10, Answer [to a Petition for Divorce] 59.10(6), 62.10, F.59.10, F.62.10
- Form 59.11, Demand for Notice (Divorce Action) 59.11(3), F.59.11
- Form 59.12, Notice of Variation Application 59.12(2), F.59.12
- Form 59.13, Response to Variation Application 59.13(5), 62.14, F.59.13, F.62.14
- Form 59.16B, Notice of Continuance 59.16, F.59.16B
- Form 59.16C, Notice of Withdrawal of Response or Answer 59.16, F.59.16C
- Form 59.25, Direction to Disclose 59.25(4), F.59.25
- Form 59.26A, Order to Appear and Disclose 59.26, F.59.26A
- Form 59.26B, Order to Disclose 59.26(6), F.59.26B
- Form 59.27, Order for Disclosure by a Non-party 59.27(7), F.59.27
- Form 59.44, Uncontested Motion for Divorce 59.44(5), 62.12, F.59.44
- Form 59.45 and 62.14, Application for Divorce by Agreement 59.45, F.59.45
- Form 59.46, Joint Application for Divorce 59.46, F.59.46
- Form 59.49, Certificate of Divorce 59.49, 62.25, F.59.49, F.62.25
- Form 69.16A, Notice of Discontinuance (Family Proceeding) 59.16, F.59.16A
- For Notice of Proceeding, notice of designating an address for delivery under Rule 31 (Notice), is sufficient 59.15(2)
- For Notice of Proceeding, notice of designating a new address for delivery under Rule 31 (Notice), is sufficient 59.15(2)
- For Notice of Proceeding, notice of maintaining address for delivery under Rule 31 (Notice), is sufficient 59.15(2)
- For Notice of Proceeding, Under Rule 82, Administration of Civil Proceedings, Court Officer may determine need for further information 59.15(3)
- Judge may make corollary relief order 59.48
- Litigation guardian appointment 59.54
- Modifications for Motion for Divorce without hearing, Rule 23 (Chambers Motion) 62.13(3)
- Motion for default judgment 62.13
- Notice of Application 59.04, 59.06(1), 59.07, F.59.07
- Notice of Application [Divorce], discontinuation 59.16(2)
- Notice of Application [Divorce], expiration and exception 59.16(1)
- Notice of Variation Application 59.12, F.59.12
- Notice of Variation under Divorce Act or Maintenance and Custody Act 59.06(4)
- Order to be registered 59.50
- Parent information program, attendance exceptions 59.17(5)
- Parent information program, attendance requirements 59.17
- Parent information program, penalties for failing to attend 59.17(6)
- Paternity test 59.55
- Petition for Divorce 59.04, 59.06, 59.09(2), 62.08, 62.09, F.59.09, F.62.09
- Petition for Divorce, discontinuation 59.16(2)
- Petition for Divorce, discontinuation exceptions 59.16(3)
- Petition for Divorce, expiration and exception 59.16(1)
- Provisional order requirements 59.56
- Referral by judge to Mediator after divorce proceedings start 59.18
- Respondent in petition for divorce 59.10, F.59.10
- Respondent not entitled to further notice 59.14(5)
- Response to Variation Application, requirements 59.13
- Rules applicable to a divorce action 59.02
- Starting a proceeding [Divorce], role of Court Officer 59.04
- Trial 59.42
- Trial dates 59.41, 62.21
- Trial readiness conference 59.41
- Trial to be conducted in accordance with Rule 51 (Conduct of Trial) 62.22
- Types of Divorce proceedings 59.06
- Uncontested Divorce 59.43, 59.47, 62.16
- Varying, rescinding or suspending an order 62.28
-
Divorce Act
- Form 59.12, Notice of Variation Application 59.12(2), F.59.12
- Form 59.13, Response to Variation Application 59.13, F.59.13
- Form 59.44, Uncontested Motion for Divorce 59.44(5), F.59.44
- Form 59.45, Application for Divorce by Agreement 59.45(3), F.59.45
- Form 59.46 and Form 62.15, Joint Application for Divorce 59.46(3), 62.15, F.59.46, F.62.15
- Form 59.49, Certificate of Divorce 59.49(3), F.59.49
-
Documents
- Admission of documents at trial 51.11
- Affidavit of documents for disclosure [Action] 15.03, 15.04
- Authenticity of document, proof at trial or hearing 51.11, 65.15
- Book of documents for delivery to party 15.05
- Common book of documents for trial 51.10
- Contact information for documents filed in court 82.08, 85.09
- Court records, SEE: Court records
- Deadline for paying fee after fax filing of document 82.11(5)
- Deemed admission of documents in common book for trial 51.10
- Delivery or inspection to the parties or court 60A.14
- Delivery to a designated address 60A.02(5)
- Delivery to designated address 31.15, 31.16, 31.18
- Disclosure, SEE: Disclosure and discovery; Disclosure (documents)
- Discovery transcript format 82.06(3)
- Electronic delivery of document to judge 82.12(2)
- Electronic filing, availability 82.06(1), 82.12
- Entitlement to documents in a proceeding 4.02(3), 4.11(4), 31.14, 82.14(4), 94.07
- Examples of documents not authorized by Rules, re filing with prothonotary 82.05
- Examples of documents requiring personal signature of party 95.02
- Fax delivery of appeal book or factums, availability (Court of Appeal) 90.30, 90.32, 91.15(8), 91.18(4)
- Fax delivery of documents giving notice of proceeding 31.11, 31.16
- Fax filing of appeal documents [Civil Appeal] 90.17(1)
- Fax filing requirements (Supreme Court) 82.11
- Filing and delivery of appeal documents [Civil Appeal] 90.16, 90.17
- Filing and delivery of notices and documents [Criminal Appeal] 91.10, 91.15
- Filing documents for joint hearing with foreign court, SEE: Outside Nova Scotia
- Filing with court, and delivery to parties 31.15, 31.16, 31.18, 82.05, 82.11, 82.12, 82.15, 95.02
- Format of document 82.06
- Forms, general requirements 95.03, 95.04
- Headings for miscellaneous documents filed in court 82.15
- Headings for originating documents 82.09(2)
- Miscellaneous documents filed in court 82.15
- Non-conforming document returned to party 82.10
- Non-conforming documents 82.05, 82.06(2), 82.10, 82.11
- Objection to document at trial 51.15
- Original copy to be available at trial 51.11(4)
- Originating documents, SEE: Originating documents
- Personal information for contact purposes 82.08, 85.09
- Personal information in documents to be restricted 82.07
- Personal signature of party, when required 95.02
- Presumption of accuracy and production, and rebuttal 54.05
- Privileged document 15.02(2), 15.03(3)
- Proof of authenticity of document or electronic information 51.11, 65.15
- Proof of document at trial or hearing 51.11, 54.05, 65.15
- Scanned document treated as electronic document 15.05(5)
- Signature of counsel, when acceptable 95.02
- Signature of party, when required 95.02
- Signature on Notice of Abandonment of appeal, verification [Criminal Appeal] 91.23(3)
- Transcript format 82.06(3)
- Transcript of the Discovery Examination of [name] 82.06(3)
- Withholding evidence needed to impeach witness 4.18(2), 6.02(4), 6.03(2), 94.09