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Rule 11
Service and Delivery of Documents

Service of writ of summons

(1) Service of a writ of summons is required unless the defendant enters an appearance.

How service effected

(2) Service of a document is effected on

(a) an individual by leaving a copy of the document with him or her,

(b) a corporation by leaving a copy of the document with the president, chairman, mayor or other chief officer of the corporation, or with the city or municipal clerk, or with the manager, cashier, superintendent, treasurer, secretary, clerk or agent of the corporation or of any branch or agency of the corporation in the Province, or in the manner provided by the Company Act or any enactment relating to the service of process, and, for the purpose of serving a document upon a corporation whose chief place of business is outside British Columbia, every person who, within the Province, transacts or carries on any of the business of, or any business for, that corporation shall be deemed its agent,

(c) an unincorporated association, including a trade union, by leaving a copy of the document with any officer of the association, or in the case of a trade union, with a business agent,

(d) an infant, in accordance with the Infants Act, and

(e) a mentally incompetent person by leaving a copy of the document

(i) with the person's committee or, where there is no committee, with the person with whom he or she resides or in whose care he or she is or with the person appointed by the court to be served in the mentally incompetent person's place, and

(ii) with the Public Trustee,

and in no case is it necessary to show the original document.

Person appearing

(3) Where a writ of summons or petition has not been served on a person, but the person files an appearance or appears at the trial or hearing, the writ or petition shall be deemed to have been served on that person on the date the person files or appears.

Service on agent

(4) Where a contract has been entered into within the Province by or through an agent residing or carrying on business within the Province on behalf of a principal residing out of the Province, by leave of the court given before the determination of the agent's authority or of the agent's business relations with the principal, a writ of summons or other document in a proceeding relating to or arising out of the contract may be served on the agent, and a copy of the order giving leave and of the writ of summons or other document shall be sent forthwith by registered mail to the principal at his address out of the Province.

Service on Attorney General

(5) A document to be served on the Attorney General shall be served at the Ministry of the Attorney General in the City of Victoria, and is sufficiently served if left during office hours with any solicitor on the staff of the Attorney General at Victoria or mailed by registered mail to the Deputy Attorney General at Victoria.

Service on a party who has given an address for delivery

(6) Service of a document on a party who has given an address for delivery may be effected by delivery of a copy of the document.

Proof of service or delivery

(7) An affidavit of service or delivery shall state when, where, how and by whom service or delivery was effected.

Service or delivery acknowledged by solicitor

(8) Service or delivery of a document upon a solicitor of record, if acknowledged in writing, need not be verified by affidavit.

Row delivery effected

(9) A document may be delivered to a party by

(a) leaving a copy of the document at the party's address for delivery or at the office of the party's solicitor of record, or

(b) transmitting by telephone to the party's fax number for delivery a Fax Cover Memo in Form 9 together with a copy of the document.

Delivery where no address for delivery given

(10) Where the party has no address for delivery as required by these rules, a document may be delivered by mailing a copy by ordinary prepaid mail to the party's solicitor or, if the party has no solicitor, to the last known address of the party.

Service on member of Canadian Armed Forces

(11) Where a member of the Canadian Armed Forces has been served by an officer of the Canadian Armed Forces with a document, proof of the service in the form of a certificate annexed to a copy of the document served, signed by the officer and stating his or her rank and when, where and how service was effected, may be filed as proof of service.

Proof of service by sheriff

(12) Service or delivery by a sheriff may be proved by a certificate in Form 5 endorsed on a copy of the document served or delivered.

Rule 12
Substituted Service

Court may order substituted service

(1) Where for any reason it is impractical to serve a document as set out in Rule 11, the court may order substituted service, whether or not there is evidence that the document will probably reach the person to be served or will probably come to the person's attention or that the person is evading service.

How substituted service effected

(2) Substituted service of a document is effected by taking the steps that the court has ordered to bring the document to the attention of the person to be served.

Service of order required

(3) Unless otherwise ordered, a copy of the order for substituted service of a document shall be served with the document, except in the case of an order for substituted service by advertisement, in which case the advertisement shall contain a reference to the order.

Rule 13
Service Outside British Columbia

Service outside British Columbia without order

(1) Service of an originating process or other document on a person outside British Columbia may be effected without order if

(a) the whole subject matter of the proceeding is land in British Columbia (with or without rents or profits), or the perpetuation of testimony relating to land in British Columbia,

(b) any act, deed, will, contract, obligation or liability affecting land or hereditaments in British Columbia is sought to be construed, rectified, set aside or enforced,

(c) it is sought to construe a will affecting personal property, if the testator was, at the time of his or her death, domiciled in British Columbia,

(d) relief is sought against a person domiciled or ordinarily resident in British Columbia,

(e) the proceeding is for the administration of the personal estate of a deceased person who, at the time of his or her death, was domiciled in British Columbia,

(f) the proceeding is for the execution (as to property in British Columbia) of a trust which ought to be executed according to the law in force in British Columbia and the person to be served is a trustee,

(g) the proceeding is in respect of a breach, committed in British Columbia, of a contract wherever made, even though the breach was preceded or accompanied by a breach, outside British Columbia, which rendered impossible the performance of the part of the contract that ought to have been performed in British Columbia,

(h) the proceeding is founded on a tort committed in British Columbia,

(i) an injunction is sought as to anything to be done in British Columbia, or a nuisance in British Columbia is sought to be prevented or removed, whether or not damages are also sought in addition,

(j) a person outside British Columbia is a necessary or proper party to a proceeding properly brought against some other person duly served in British Columbia,

(k) the proceeding is by a mortgagee or mortgagor in relation to a mortgage of property in British Columbia and seeks relief of the nature of sale, foreclosure, delivery of possession by the mortgagor, redemption, reconveyance or delivery of possession by the mortgagee, whether or not the mortgagee seeks personal judgment or an order for payment of money due under the mortgage,

(1) the proceeding is brought by or on behalf of the Crown or a municipality to recover moneys owing for taxes or other debts due to the Crown or a municipality,

(m) the proceeding is founded upon a contract, or is in respect of a claim for alimony, and the defendant has assets in British Columbia,

(n) the action is brought under the Carriage by Air Act (Canada),

(o) the claim arises out of goods or merchandise sold or delivered in British Columbia,

(p) the proceeding is brought upon a foreign judgment and the defendant or respondent has assets in British Columbia, or

(q) the proceeding is a divorce, a matrimonial action or an adoption.

(2) Except in a divorce proceeding or a proceeding brought under subrule (3), a copy of an originating process served outside British Columbia without leave shall state specifically by endorsement in Form 6 upon which of the grounds referred to in subrule (1) it is claimed that service is permitted under this rule.

Application for leave to service outside the jurisdiction

(3) In any case not provided for in subrule (1), the court may grant leave to serve an originating process or other document outside British Columbia.

Idem

(4) An application for leave to serve a person outside British Columbia shall be made before the originating process or other document is served and shall be supported by an affidavit or other evidence showing in what place or country that person is or may probably be found, and the grounds upon which the application is made, and application may be made ex parte.

Service of order, etc,

(5) Copies of the application for leave to serve, of all affidavits in support of the application, and of the order granting leave to serve shall be served with the originating process or other document.

Time for appearance

(6) Where a person is served with an originating process outside British Columbia, the time for the appearance by that person, after service, shall be

(a) 21 days, in the case of a person residing anywhere within Canada,

(b) 28 days, in the case of a person residing in the United States of America, and

(c) 42 days, in the case of a person residing elsewhere.

The court may shorten the time for appearance on ex parte application.

Where service without leave valid

(7) This rule does not invalidate service outside British Columbia without leave of the court where the document could have been validly served apart from this rule.

Contract containing terms for service

(8) Notwithstanding this rule, the parties to a contract may agree

(a) that the court will have jurisdiction to entertain a proceeding in respect of the contract, and

(b) that service of a document in the proceeding may be effected at any place, within or outside British Columbia, on any party, or on any person on behalf of any party, or in a manner specified or indicated in the contract.

Idem

(9) Service of a document in accordance with an agreement referred to in subrule (8) is effective service, but no contractual stipulation as to service of a document shall invalidate service that would otherwise be effective under these rules.

Application to set aside

(10) Application may be made to set aside service of an originating process or other document served outside British Columbia without entering an appearance, and if it appears that service should not have been made outside British Columbia, the court may

(a) set aside service of the originating process or other document, and

(b) order the person initiating the proceeding to pay the costs of the applicant as special costs.

Definition

(11) In subrules (12) to (14) "Convention" means the Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, signed at the Hague on November 15, 1965.

Manner of service abroad

(12) A document may be served outside British Columbia

(a) in manner provided by these rules for service in British Columbia,

(b) in a manner provided by the law of the place where service is made if, by that manner of service, the document could reasonably be expected to come to the notice of the person to be served, or

(c) in a state that is a contracting state under the Convention, in a manner provided by or permitted under the Convention.

Proof of service abroad

(13) Service of a document outside British Columbia may be proved

(a) in a manner provided by these rules for proof of service in British Columbia,

(b) in the manner provided for proof of service by the law of the place where service was made regardless of the manner under subrule (12) by which service was effected, or

(c) in accordance with the Convention, if service was effected under subrule (12) (c).

Forms

(14) Where service is desired to be made in accordance with Article 5 of the Convention, Forms 104 and 105 shall be used.

Certificate

(15) Where an authority has, in accordance with Article 6 of the Convention, completed a certificate in Form 106, then the certificate is evidence of the facts stated in it.

Rule 14
Appearance

Filing of appearance

(1) (a) Where a party wishes to enter an appearance to an originating process other than a petition, the party shall file an appearance in Form 7 and shall deliver a copy of the appearance forthwith to the plaintiff.

(b) Where a party wishes to enter an appearance to a petition, the party shall file an appearance in Form 8 and shall deliver a copy of the appearance forthwith to the petitioner.

(c) An appearance shall state

(i) the name and office address of the party's solicitor, if the party appears by solicitor, or the party's address, if the party appears in person, and

(ii) an address for delivery which, unless it is the office address of the solicitor, shall be within 10 miles of the registry.

(d) An appearance may state a fax number for delivery.

Idem

(2) For the purpose of subrule (1), a place that is within 10 miles of the registry in the City of Vancouver shall be deemed to be also within 10 miles of the registry in the City of New Westminster and a place within 10 miles of the registry in the City of New Westminster shall be deemed to be also within 10 miles of the registry in the City of Vancouver.

Time

(3) Unless the court otherwise orders or these rules otherwise provide, the time for appearance is 7 days from the service of the originating process.

Idem

(4) Notwithstanding subrule (3), a party may enter an appearance at any time.

Conditional appearance

(5) Conditional appearances are abolished and an appearance purporting to be conditional shall be deemed to be unconditional.

Idem

(6) Where a person served with an originating process has not entered an appearance and alleges that

(a) the process is invalid or has expired,

(b) the purported service of the process was invalid, or

whether or not the person has entered an appearance, alleges that

(c) the court has no jurisdiction over him in the proceeding or should decline jurisdiction,

the person may apply to the court for a declaration to that effect.

Idem

(7) Where an application is made under Rule 13 (10) or subrule (6) of this rule, the plaintiff or petitioner shall take no further step in the proceeding against the applicant, except with leave of the court, until the application has been concluded.

Idem

(8) An application made under Rule 13 (10) or subrule (6) of this rule does not constitute acceptance of the jurisdiction of the court.

Rule 15
Change of Parties

Party's death, bankruptcy, etc.

(1) Where a party dies or becomes bankrupt, or a corporate party is wound up or otherwise ceases to exist, but the claim survives, the proceeding shall not abate by reason of the death or bankruptcy or the corporate party having been wound up or ceasing to exist.

Idem

(2) Whether or not the claim survives, a proceeding shall not abate by reason of either party dying between the verdict or finding on the issues of fact and the entry of judgment, but judgment may be entered notwithstanding the death.

Assignment or conveyance of interest

(3) Where by assignment, conveyance or death, an estate, interest or title devolves or is transferred, a proceeding relating thereto may be continued by or against the person upon whom or to whom that estate, interest or title has devolved or been transferred.

Change or transmission of interest or liability

(4) Where a change or transmission of interest or liability of a party has taken place or a person interested comes into existence after the commencement of a proceeding and it becomes necessary or desirable

(a) that a person not already a party should be made a party, or

(b) that a person already a party should be made a party in another capacity,

the court may order that the proceeding be carried on between the continuing parties and the new party.

Removing, adding or substituting party

(5) (a) At any stage of a proceeding, the court on application by any person may

(i) order that a party, who is not or has ceased to be a proper or necessary party, cease to be a party,

(ii) order that a person, who ought to have been joined as a party or whose participation in the proceeding is necessary to ensure that all matters in the proceeding may be effectually adjudicated upon, be added or substituted as a party, and

(iii) order that a person be added as a party where there may exist, between the person and any party to the proceeding, a question or issue relating to or connected

(A) with any relief or remedy claimed in the proceeding, or

(B) with the subject matter of the proceeding,

which in the opinion of the court it would be just and convenient to determine as between the person and that party.

(b) No person shall be added or substituted as a plaintiff or petitioner without the person's consent.

Procedure where order made

(6) Unless the court otherwise orders, where an order is made under subrule (4) or (5) adding or changing a party,

(a) the originating process shall be amended, and a reference to the order and the date on which the amendment is made shall be endorsed upon the amended process,

(b) no further steps shall be taken against the person made a party under the order until the amended process and a copy of the order are served upon the person,

(c) the person made a party under the order may apply to the court to vary or discharge the order within 7 days from its service, and

(d) the rules as to service and entering an appearance apply to the amended process.

Effect of order

(7) Unless the court otherwise orders, where a person becomes a party in substitution for a former party, all things done in the proceeding before the person became a party shall have the same effect in relation to that person as they had to the former party, but the substituted party shall enter an appearance.

Prosecution of action where plaintiff or petitioner dies

(8) Where a plaintiff or petitioner has died and the proceeding may be continued, the defendant or respondent may apply to the court for an order that the person entitled ed to proceed do proceed within the time that the court orders and that, in default, the proceeding be dismissed for want of prosecution.

Idem

(9) Where a proceeding is dismissed under subrule (8), an order for payment of costs may be made and enforced against the assets of the deceased's estate.

Rule 16
Change of Solicitor

Change of solicitor

(1) A party to a proceeding

(a) may change solicitors,

(b) having been acting on his own behalf, may engage a solicitor to act,

(c) having been represented by a solicitor, may discharge the solicitor and act on his own behalf, or

(d) may change his address for delivery or fax number for delivery,

but until copies of notice of the change in Form 10, 11 or 12 have been filed and delivered to the other parties of record the other parties are entitled to proceed on the basis that there has been no change of representation or address for delivery.

Order that solicitor has ceased to Act

(2) Where

(a) a solicitor for a party has died, becomes bankrupt, cannot be found or for any reason is unable to practise, and

(b) the party has not given notice of change of solicitor or of intention to act in person in accordance with subrule (1),

the court on the application of any other party may order that the solicitor has ceased to be the solicitor of the first mentioned party.

Idem

(3) Where an order is made under subrule (2), the applicant shall deliver a copy to the other parties of record.

Order on application of solicitor

(4) Where a solicitor who has acted for a party in a proceeding has ceased to act and the party has not given a notice of change in accordance with subrule (1), the court, on the application of the solicitor, may declare that the solicitor has ceased to be the solicitor acting for the party and, where applicable,

(a) that the solicitor's office is not the address for delivery of the party and give directions as to a new address for delivery, and

(b) that the solicitor's fax number for delivery may no longer be used for delivery and give directions for a new fax number for delivery.

Idem

(5) Until copies of the order referred to in subrule (4) have been delivered to the other parties of record, they are entitled to proceed on the basis that the solicitor is continuing to act.

Rule 17
Default of Appearance to Writ

Affidavit of service

(1) If a defendant has not filed an appearance to a writ of summons and the time for doing so as set out in Rule 14 (3) has expired and the plaintiff wishes to proceed under this rule, the plaintiff shall file proof of service of the writ on that defendant.

Affidavit of search

(2) It is not necessary to file an affidavit of search before proceeding under this rule.

Claim for debt or liquidated demand

(3) Where the plaintiff's claim against a defendant is solely for recovery of a debt or liquidated demand and that defendant has not filed an appearance within the time set out in Rule 14 (3), the plaintiff may enter final judgment in Form 86 against that defendant for a sum not exceeding that claimed, interest if entitled and costs, and may proceed with the action against any other defendant.

Idem

(4) For the purposes of subrule (3), a claim may be treated as a claim for a liquidated demand notwithstanding that part of the claim is for interest accruing after the date of the writ, and the interest shall be computed from the date of the writ to the date of entering judgment.

Claim for unliquidated damages

(5) Where the plaintiff's claim against a defendant is solely for unliquidated damages, and that defendant has not filed an appearance within the time set out in Rule 14 (3), the plaintiff may enter judgment in Form 86 against that defendant for damages to be assessed and costs, and may proceed with the action against any other defendant.

Claim for detention of goods

(6) Where the plaintiff's claim against a defendant relates solely to the detention of goods, and that defendant has not filed an appearance within the time set out in Rule 14 (3), the plaintiff, at the plaintiff's option, may enter either

(a) judgment in Form 86 against that defendant for the delivery of the goods, or their value to be assessed, and costs, or

(b) judgment in Form 86 for the value of the goods to be assessed and costs,

and may proceed with the action against any other defendant.

Multiple claims

(7) Where the plaintiff's claim against a defendant includes one or more of the claims referred to in subrule (3), (5) or (6) and another claim, and that defendant has not filed an appearance within the time set out in Rule 14 (3), the plaintiff may enter against that defendant judgment, in respect of any claim, as the plaintiff would be entitled to enter under those subrules if that were the plaintiff's only claim, and may proceed with the action against that defendant and any other defendant.

Method of assessment

(8) Where a plaintiff has obtained judgment for damages or value to be assessed, the plaintiff may set the assessment down for trial but, unless the court otherwise orders, it shall be tried at the same time as the trial of the action or issues against any other defendant.

Plaintiff may proceed

(9) On an application made by the plaintiff in an action not referred to in subrules (3), (5) and (6),

(a) where the defendant has not filed an appearance within the time provided for in these rules or an order of the court, and

(b) not less than the later of

(i) 14 days from the time limited for appearance, or

(ii) the date on which a statement of claim, if not endorsed on or served with the writ of summons, has either been mailed to the defendant at the defendant's last known address or delivered in another manner that the court may order,

the court may exercise any of its powers under Rule 18 (2).

Idem

(10) Where a writ has been served, but, by reason of the defendant having after service satisfied the claim, it has become unnecessary for the plaintiff to proceed with the action, then, if the defendant does not file an appearance within the time set out in Rule 14 (3), the plaintiff may, with the leave of the court, enter judgment against that defendant for costs.

Application to judge or master

(11) Where the registrar is not certain that a plaintiff's claim against a defendant relates to a claim within subrule (3), (5), (6) or (7), the registrar may refuse to enter judgment and the plaintiff may apply to a judge or master in chambers for default judgment.

Court may set aside or vary default judgment

(12) The court may set aside or vary any judgment entered pursuant to this rule.

Alternative methods of assessment

(13) Where a plaints has obtained judgment under subrule (5), (6) or (7),the plaintiff may, instead of proceeding to trial to assess the damages or the value of the goods, apply to the court, and the court may

(a) assess the damages or value of the goods summarily upon affidavit or other evidence,

(b) order an assessment, an inquiry or an accounting,

(c) give directions as to the trial or hearing of the assessment or determination of value, or

(d) make such other order as it thinks just.

Rule 18
Summary in Action Judgment

Application for

(1) In an action in which an appearance has been entered, the plaintiff, on the ground that there is no defence to the whole or part of a claim, or no defence except as to amount, may apply to the court for judgment on an affidavit setting out the facts verifying the claim or part of the claim and stating that the deponent knows of no fact which would constitute a defence to the claim or part of the claim except as to amount.

Order for

(2) On the hearing of an application under subrule (1), the court may exercise any of its powers under Rule 52 (8) and may

(a) grant judgment for the plaintiff on the whole or part of the claim and may impose terms on the plaintiff', including a stay of execution of any judgment, until the determination of a defendant's counterclaim or third party proceeding,

(b) allow the defendant to defend the whole or part of the claim either unconditionally or on terms relating to the giving of security, time, the mode of trial or otherwise, and may give directions under Rule 40 (44) and (52) for the hearing of evidence at trial,

(c) with the consent of all parties, dispose of the action finally in a summary way, with or without pleadings,

(d) award costs, or

(e) grant any other order it thinks just.

Continuing proceedings after summary judgment

(3) Where a plaintiff obtains judgment under subrule (2), the plaintiff may continue the action in respect of any remaining part of the claim, any other claim or against any other defendant.

Summary judgment on counterclaim or third party proceeding

(4) This rule applies to a counterclaim or third party proceeding.

Setting aside or varying summary judgment

(5) A judgment given against a party who does not appear at the hearing of an application under this rule may be set aside or varied by the court.

Summary judgment for defendant

(6) In an action in which an appearance has been entered, the defendant may, on the ground there is no merit in the whole or part of the claim, apply to the court for judgment on an affidavit setting out the facts verifying the defendant's contention that there is no merit in the whole or part of the claim and stating that the deponent knows of no facts which would substantiate the whole or part of the claim.

Order for summary judgment for defendant

(7) On the hearing of an application under subrule (6) the court may

(a) dismiss the action,

(b) make any order referred to in subrule (2),

(c) grant any other order it thinks just.

Rule 18A
Summary Trial

Application for

(1) In

(a) an action in which a defence has been filed,

(b) an originating application in respect of which a trial has been ordered under Rule 52 (11) (d), or

(c) a contested proceeding under the Divorce Act, 1985 (Canada)

a party may apply to the court for judgment either upon an issue or generally.

Notice of application

(2) Unless otherwise ordered, there shall be at least 14 days between the delivery of the notice of motion and the day named in the notice for the hearing of the application.

Evidence on application

(3) On an application under this rule, the applicant and each other party of record may adduce evidence, which shall be by affidavit, and the court may adjourn the application and make an order provided for in Rule 52 (8).

Adjournment

(4) Where an application for judgment is adjourned under subrule (3), the judge making the order is not seized of the application, unless the judge otherwise orders.

Judgment

(5) On the hearing of the application, the court may grant judgment in favour of any party either upon an issue or generally, unless

(a) the court is unable on the whole of the evidence before the court on the application, to find the facts necessary to decide the issues of fact or law, or

(b) the court is of the opinion that it would be unjust to decide the issues on the application,

and may impose terms respecting enforcement of the judgment, including a stay of execution, as it thinks just, and may award costs.

No further application without leave

(6) Where the court does not grant judgment under subrule (5), the applicant may not make a further application under subrule (1) without leave of the court.

Directions

(7) Where the court is unable to grant judgment under subrule (5), and considers that the proceeding ought to be expedited by giving directions, the court may order the trial of a proceeding generally or on an issue and may order that

(a) the pleadings be amended or closed within a fixed time,

(b) a party file and deliver, within a fixed time, to each party as specified by the judge, a list of documents or an affidavit verifying a list of documents in accordance with the directions that the judge may give,

(c) interlocutory applications be brought within a fixed time,

(d) a genera1 application for directions be brought within a fixed time,

(e) a statement of agreed facts be filed within a fixed time,

(f) all procedures for discovery be conducted in accordance with a schedule and plan directed by the court, and the plan may set limitations on those discovery procedures,

(g) the obligation to pay conduct money to any of the parties or persons to be examined be allocated in the manner specified in the order,

(h) an examination for discovery or a pre-trial examination of a witness be of limited duration,

(i) a party deliver a written summary of the proposed evidence of a witness within a fixed time,

(j) the evidence in chief of a witness be of limited duration,

(k) the evidence in chief of a witness may be given in whole or part by the production of a written statement,

(1) experts who have been retained by the parties meet, on a without prejudice basis, to determine those matters on which they agree and to identify those matters on which they do not agree,

(m) evidence be adduced in a manner provided by Rule 40 (44) and (52),

(n) a party deliver a written summary of the whole or part of the party's argument within a fixed time,

(o) the submissions of counsel be of limited duration,

(p) a pre-trial conference be held at a time and place to be fixed at which any of the orders in this subrule may be made, and,

(q) with the approval of the Chief Justice, the proceeding be set for trial on a particular date or upon a particular trial list.

Judge not to preside

(8) A judge who has heard an application under this rule shall not preside at the trial unless all parties of record file a consent.

Right to vary

(9) A court may, before or at trial, vary or set aside an order made under subrule (7).

Order where jury notice filed

(10) A party may apply to the court for judgment under subrule (5) notwithstanding the fact that a party may have filed a notice under Rule 39 (26) requiring that the trial of the action be heard with a jury.

Rule 19
Pleadings Generally

Contents

(1) A pleading shall be as brief as the nature of the case will permit and must contain a statement in summary form of the material facts on which the party relies, but not the evidence by which the facts are to be proved.

Idem

(2) The effect of any document or the purport of any conversation referred to in a pleading, if material, shall be stated briefly and the precise words of the documents or conversation shall not be stated, except in so far as those words are themselves material.

Idem

(3) A party need not plead a fact if it is presumed by law to be true or if the burden of disproving it lies on the other party.

Idem

(4) A party need not plead the performance of a condition precedent necessary for the party's case, unless the other party has specifically denied it in that other party's pleadings.

Form

(5) A pleading shall be divided into paragraphs numbered consecutively, each allegation being contained in a separate paragraph.

Matters arising since commencement

(6) A party may plead a matter which has arisen since the commencement of the proceeding.

Inconsistent allegations

(7) A party shall not plead an allegation of fact or a new ground or claim inconsistent with the party's previous pleading.

Alternative allegations

(8) Subrule (7) does not affect the right of a party to make allegations in the alternative or to amend or apply for leave to amend a pleading.

Raising a point of law

(9) A party may raise any point of law in a pleading.

Status admitted

(10) Unless the incorporation of a corporate party or the office or status of a party is specifically denied, it shall be deemed to be admitted.

Where particulars necessary

(11) Where the party pleading relies on misrepresentation, fraud, breach of trust, wilful default or undue influence, or where particulars may be necessary, full particulars, with dates and items if applicable, shall be stated in the pleading. If the particulars of debt, expenses or damages are lengthy, the party may refer to this fact and instead of pleading the particulars shall deliver the particulars in a separate document either before or with the pleading.

Particulars in libel or slander

(12) In an action for libel or slander,

(a) where the plaintiff alleges that the words or matter complained of were used in a derogatory sense other than their ordinary meaning, the plaintiff shall give particulars of the facts and matters on which the plaintiff relies in support of that sense, and

(b) where the defendant alleges that, in so far as the words complained of consist of statements of fact, they are true in substance and in fact, and that in so far as they consist of expressions of opinion, they are fair comment on a matter of public interest, the defendant shall give particulars stating which of the words complained of the defendant alleges are statements of fact and of the facts and matters relied on in support of the allegation that the words are true.

Set-off or counterclaim

(13) A defendant in an action may set off or set up by way of counterclaim any right or claim, whether the set-off or counterclaim is for damages or not, so as to enable the court to pronounce a final judgment on all claims in the same action.

Filing and delivery of pleadings

(14) A pleading shall be filed and a copy delivered to all parties of record and shall contain the style of proceeding, the description of the pleading, and the name and address for delivery of the party delivering the same.

Pleading after the statement of claim

(15) In a pleading subsequent to a statement of claim a party shall plead specifically any matter of fact or point of law that

(a) the party alleges makes a claim or defence of the opposite party not maintainable,

(b) if not specifically pleaded, might take the other party by surprise, or

(c) raises issues of fact not arising out of the preceding pleading.

Order for particulars

(16) The court may order a party to deliver further and better particulars of a matter stated in a pleading.

Demand for particulars

(17) Before applying to the court for particulars, a party shall demand them in writing from the other party.

Demand for particulars not a stay of proceedings

(18) A demand for particulars does not operate as a stay of proceedings or give an extension of time, but a party may apply for an extension of time for delivering a pleading on the ground that the party cannot answer that pleading until particulars are provided.

Denial required if fact not admitted

(19) An allegation of fact in a pleading, if not denied or stated to be not admitted in the pleading of the opposite party, shall be taken to be admitted, except as against an infant or mentally incompetent person.

General denial sufficient

(20) It is not necessary in a pleading to deny specifically each allegation made in the preceding pleadings, but a general denial is sufficient with respect to those allegations which are not admitted.

Substance to be answered

(21) If a party in a pleading denies an allegation of fact in the previous pleading of the opposite party, the party shall not do so evasively but shall answer the point of substance.

Denial of contract

(22) If a contract, promise or agreement is alleged in a pleading, a bare denial of it by the opposite party shall be construed only as a denial of fact of the express contract, promise or agreement alleged, or of the matters of fact from which it may be implied by law, and not as a denial of the legality or sufficiency in law of that contract, promise or agreement.

Allegation of malice

(23) It is sufficient to allege malice, fraudulent intention, knowledge or other condition of the mind of a person as a fact, without setting out the circumstances from which it is to be inferred.

Scandalous, frivolous or vexatious matters

(24) At any stage of a proceeding the court may order to be struck out or amended the whole or any part of an endorsement, pleading, petition or other document on the ground that

(a) it discloses no reasonable claim or defence as the case may be,

(b) it is unnecessary, scandalous, frivolous or vexatious,

(c) it may prejudice, embarrass or delay the fair trial or hearing or the proceeding, or

(d) it is otherwise an abuse of the process of the court,

and the court may grant judgment or order the proceeding to be stayed or dismissed and may order the costs of the application to be paid as special costs.

Idem

(25) Where on the filing of a document a registrar considers that the whole or any part of an endorsement, pleading, petition or other document could be the subject of an order under subrule (24), the registrar may, notwithstanding any other provision of these rules, retain it and all filed copies of it, and refer it to the court and the court may, after a summary hearing as the court directs, make an order under subrule (24).

Idem

(26) Where the court makes such an order, the registrar shall give notification of the order, in the manner directed by the court, to the person who filed the document, and that person may, within 7 days of being notified, apply to the court and the court may confirm, vary or rescind the order.

Idem

(27) No evidence is admissible on an application under subrule (24) (a).

General relief

(28) A pleading need not ask for general or other relief.

General damages shall not be pleaded

(29) Where general damages are claimed, the amount of the general damages claimed shall not be stated in the originating process or in any pleading.

| Rules 1-10 | Rules 11-19 | Rules 20-29  | Rules 30-37 | Rules 38-42 | Rules 42A-55 | Rules 56-60B | Rules 61-64 | Appendices |


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