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Rule 20
Statement of Claim

Form

(1) A statement of claim must be in Form 13.

Delivery

(2) The plaintiff shall file and deliver a statement of claim either with the writ of summons or within 21 days after appearance.

Altering claim from that endorsed on the writ

(3) The plaintiff may, in a statement of claim, alter, modify or extend the claim without amending the endorsement on the writ.

Place of trial

(4) A statement of claim must show the proposed place of trial.

Specific relief

(5) A statement of claim must state the specific relief which the plaintiff claims, and may ask for relief in the alternative.

Rule 21
Statement of Defence and Counterclaim

Form

(1) A statement of defence must be in Form 14.

Bills of exchange

(2) In an action on a bill of exchange, a promissory note or a cheque, a statement of defence in denial must deny some matter of fact, for example, the drawing, making, endorsing, accepting, presenting or notice of dishonour of the bill or note.

Contracts

(3) In an action for money due under a contract, a statement of defence must specifically deny such matters of fact, from which the liability of the defendant is alleged to arise, as are disputed.

Damages

(4) No denial is necessary as to damages claimed or their amount, but they shall be deemed to be put in issue in all cases unless expressly admitted.

Delivery

(5) Where a defendant has entered an appearance the defendant shall file and deliver a statement of defence and any counterclaim to the plaintiff within 14 days from the time limited for appearance or from the delivery of the statement of claim, whichever is later.

Counterclaim

(6) A counterclaim must be pleaded separately, must be in Form 15 and may be included in the same document as the statement of defence.

Idem

(7) The parties shall be referred to in a counterclaim in their original capacities and the terms "plaintiff by way of counterclaim" and "defendant by way of counterclaim" shall not be used except as provided in subrules (8) to (11).

Counterclaim against plaintiff and another person

(8) Where a defendant sets up a counterclaim that raises questions between that defendant and the plaintiff along with any other person, the defendant may join that person as a party against whom the counterclaim is made.

Idem

(9) Where the person referred to in subrule (8) is not a party to the original action, the person's name shall be added to the style of proceeding as "defendant by counterclaim".

Idem

(10) Where the person referred to in subrule (8) is a party to the original action, the defendant shall deliver the counterclaim to that person within the period in which the defendant is required to deliver it to the plaintiff.

Idem

(11) Where the person referred to in subrule (8) is not a party to the original action, a notice in Form 16 shall be filed, and, together with the counterclaim, be served on that person, and the person may enter an appearance to it, and Rules 17, 18 and 25 apply as though that person were a defendant to a writ of summons.

Defence to counterclaim

(12) A person served with a counterclaim becomes a defendant to the counterclaim from the time of service with the same rights and obligations in respect of conducting a defence to the counterclaim or otherwise as a defendant.

Separate trial of counterclaim

(13) Where, on the application of a party against whom a counterclaim is made, it appears that the subject matter of the counterclaim ought to be dealt with separately, the court may order that the counterclaim be struck out or tried separately or may make any other order it thinks just.

Where action stayed or discontinued

(14) Where, in an action in which the defendant has set up a counterclaim, the action of the plaintiff is stayed, discontinued or dismissed, the counterclaim may proceed.

Judgment

(15) Where a set-off or counterclaim establishes a defence to the plaintiff's claim, the court may give judgment for the defendant for any balance in the defendant's favour or for other relief as the court thinks just.

Rule 22
Third Party Procedure

Issue of third party notice

(1) Where a defendant who has entered an appearance claims against any person, whether or not that person is a party to the action (in these rules called the third party),

(a) that the defendant is entitled to contribution or indemnity,

(b) that the defendant is entitled to any relief or remedy relating to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the plaintiff, or

(c) that any question or issue relating to or connected with the original subject matter is substantially the same as some question or issue arising between the plaintiff and the defendant and should properly be determined, not only as between the plaintiff and the defendant, but also as between the plaintiff and defendant and the third party, or between any or either of them,

the defendant may issue, in the same manner as a writ of summons, a third party notice in Form 17 setting out a statement of the defendant's claim against the third party.

Delivery and service of third party notice

(2) A defendant issuing a third party notice shall forthwith deliver to the plaintiff a copy of the notice and serve the third party with the notice and copies of all the pleadings delivered to that time.

Issue of third party notice by a third party

(3) Where a person served with a third party notice claims to be entitled to claim over against another person, that person may, in the same manner as a defendant, issue a third party notice, and this rule applies.

Application to set aside notice

(4) At any time, upon application, the court may set aside a third party notice.

Appearance

(5) A third party may enter an appearance in accordance with Rule 14.

Effect of appearance by third party

(6) Where the third party has entered an appearance to the third party notice, the third party shall

(a) be served with all subsequent pleadings in the action, and

(b) be in the same position in the third party proceedings as though the third party were a defendant in an action brought by the party issuing the third party notice as plaintiff against him for the relief claimed.

Statement of defence

(7) Where a third party has entered an appearance and desires to dispute his liability to the party issuing the notice, the third party shall file and deliver a statement of defence to the party issuing the third party notice within 14 days after entering the appearance.

Reply

(8) The defendant shall file and deliver any reply to a third party's statement of defence within 7 days after delivery of that statement.

Default by third party

(9) Where the third party has not filed an appearance to or has not filed and delivered a statement of defence to a third party notice,

(a) the third party shall be deemed to admit the validity of any judgment given, whether by consent or otherwise, against the party issuing the third party notice, and

(b) if the party issuing the third party notice has satisfied the judgment against him, that party may enter judgment against the third party to the extent of the contribution or indemnity claimed in the notice and with the leave of the court in respect of any other relief or remedy claimed therein, or

(c) if the party issuing the third party notice has not satisfied the judgment, that party or the judgment holder may apply to the court for judgment, as the nature of the case requires, including judgment for the judgment holder against the third party.

Statement of defence to statement of claim

(10) Where the third party has entered an appearance, the third party may file and deliver a statement of defence to the plaintiff's statement of claim, raising any defence open to the defendant, and then the third party shall be in the same position with respect to the conduct of the action as though the third party were a defendant.

Application for directions

(11) A party affected by third party proceedings may apply to the court for directions.

Third party proceedings not to prejudice plaintiff

(12) To avoid prejudice or unnecessary delay to the plaintiff by third party proceedings, the court may impose terms to prevent the prejudice or delay.

Trial

(13) The issue between the defendant and the third party may be tried at the time the court may direct.

Rule 23
Reply And Subsequent Pleadings

Form

(I) A reply must be in Form 18.

Delivery of reply

(2) A plaintiff shall file and deliver any reply within 7 days after the statement of defence has been delivered.

Pleading subsequent to reply

(3) No pleading subsequent to reply shall be filed or delivered without leave of the court.

Statement of defence to counterclaim

(4) Where a counterclaim is pleaded, the statement of defence to it shall be in Form 19 and shall be subject to the rules applicable to statements of defence.

Close of pleadings

(5) Where no reply to a statement of defence, to a statement of defence to a counterclaim, or to a subsequent pleading is delivered within the time allowed, the pleadings are closed and material statements of fact in the pleading last delivered shall be deemed to have been denied and put in issue.

Failure to reply

(6) Where no reply to a statement of defence is delivered, a joinder of issue on that defence is implied.

No joinder of issue

(7) No reply that is a simple joinder of issue shall be filed or delivered.

Rule 24
Amendment

When amendment may be made

(I) A party may amend an originating process or pleading issued or filed by the party at any time with leave of the court, and, subject to Rules 15 (5) and 31 (5)

(a) once without leave of the court, at any time before delivery of the notice of trial or hearing, and

(b) at any time with the written consent of all the parties.

How amendments made

(2) Unless the court otherwise orders, where a party amends a document under subrule (1), a new document, being a copy of the original document but amended and bearing the date of the original, shall be filed.

Idem

(3) An amendment to a document must be dated, identified and underlined.

Service of amended pleading

(4) Unless the court otherwise orders, service on a party of an amended originating process or pleading shall be required if the original has been served on that party and no appearance has been entered or, in the case of a third party notice, no statement of defence has been filed.

Amendment at trial

(5) Unless the court otherwise orders, where an amendment is granted during a trial or hearing, an order need not be taken out and the amended document need not be filed, delivered or served.

Service or delivery of amended document

(6) Unless the court otherwise orders, where a party amends a document under subrule (1), the party shall deliver copies of the amended document to all the parties of record within 7 days after its amendment and, where service is required under subrule (4), the party shall serve copies on the persons required to be served as soon as reasonably possible and before taking any further step in the proceeding.

Time for appearance to amended writ or petition

(7) Where a party is served with an amended writ of summons or petition under subrule (4), the party has the same period of time for entering an appearance as that to which the party was entitled with respect to the original document.

Amendments consequent upon amendment

(8) Where an amended statement of claim, counterclaim, or third party notice is served on or delivered to an opposing party,

(a) the opposing party, if he has already delivered a statement of defence, may amend that statement of defence, but only with respect to any matter raised by the amendments to the statement of claim, counterclaim. or third party notice, and

(b) the period for filing and delivering a statement of defence or amended statement of defence is 14 days after the amended pleading is delivered to him.

Failure to deliver amended statement of defence

(9) Where a party does not deliver an amended statement of defence as provided in subrule (8), the party shall be deemed to rely upon his original statement of defence.

Rule 25
Default Of Pleading

Default in delivery of statement of claim

(1) Where a plaintiff has not filed and delivered a statement of claim within the time allowed, the court may, on the application of the defendant, order the action to be dismissed or may make any other order it thinks just.

Affidavit proving delivery

(2) Where a defendant fails to deliver a statement of defence within the time allowed and the plaintiff wishes to proceed under this rule, the plaintiff shall file proof of delivery of the statement of claim and the defendant's failure to deliver a statement of defence.

Affidavit of search

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

Claim for debt or liquidated demand

(4) Where the plaintiff's claim against a defendant is solely for recovery of a debt or liquidated demand, and that defendant fails to file and deliver a statement of defence within the time allowed, 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

(5) For the purpose of subrule (4), 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 of summons, and the interest shall be computed from the date of the writ to the date of entering judgment.

Claim for unliquidated damages

(6) Where the plaintiff's claim against a defendant is solely for unliquidated damages, and that defendant fails to file and deliver a statement of defence within the time allowed, 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

(7) Where the plaintiff's claim against a defendant relates solely to the detention of goods, and that defendant fails to file and deliver a statement of defence within the time allowed, 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

(8) Where the plaintiff's claim against a defendant is for one or more of the claims referred to in subrule (4), (6) or (7), or for another claim, and that defendant fails to file and deliver a statement of defence within the time allowed, 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.

Application to judge or master

(9) Where the registrar is not certain that a plaintiff's claim against a defendant relates to a claim within subrule (4), (6), (7) or (8), the registrar may refuse to enter judgment and the plaintiff may apply to a judge or master in chambers for default judgment.

No defence to part of claim

(10) Where a statement of defence answers only part of the claim in the statement of claim, the plaintiff may apply to the court for such judgment in respect of the unanswered claim as the plaintiff would be entitled to enter under subrules (4) to (7) if no statement of defence were filed.

No execution on default judgment
where there is a counterclaim

(11) Unless the court otherwise orders, where there is a counterclaim the plaintiff shall not issue execution on a judgment obtained under this rule until the entire action has been disposed of.

Default in other claims

(12) In an action for a claim not referred to in subrules (4) to (7), where the defendant fails to file and deliver a statement of defence, the court, on the application of the plaintiff, may exercise any of its powers under Rule 18 (2).

Default by one of several defendants

(13) Where in any action mentioned in subrule (12) there are several defendants and one or more defaults in filing and delivering a statement of defence, the court, on the application of the plaintiff, may proceed as in subrule (12) or direct the matter to stand until the trial of the action.

Method of assessment

(14) 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.

Court may set aside or vary default judgment

(15) The court may set aside or vary any judgment entered under this rule.

Alternative methods of assessment

(16) Where a plaintiff has obtained judgment under subrule (6), (7) or (8), instead of proceeding to trial to assess the damages or the value of the goods, the plaintiff may 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 any other order it thinks just.

Rule 26
Discovery and Inspection of Documents

Delivery of and answer to demand for discovery of documents

(1) A party to an action may deliver to any other party a demand in Form 92 for discovery of the documents which are or have been in the party's possession or control relating to any matter in question in the action, and the other party shall comply with the demand within 21 days by delivering a list, in Form 93, of the documents that are or have been in the party's possession or control relating to every matter in question in the action enumerating the documents in a convenient order with a short description of the documents.

Claim for privilege

(2) Where it is claimed that a document is privileged from production, the claim must be made in the list of documents with a statement of the grounds of the privilege.

Affidavit verifying list of documents

(3) The court may order a party to deliver an affidavit verifying a list of documents.

Application respecting a specific document

(4) The court, at any time, on the application of a party, may require any other party to deliver an affidavit stating whether a document or class of documents specified or described in the application is or has been in the other party's possession or control and, if not then in that party's possession or control, when the party parted with it and what has become of it.

Idem

(5) An application for an order under subrule (4) shall be supported by an affidavit stating the belief of the deponent that the party from whom discovery is sought has or at some time had in his possession or control the document or class of documents specified or described in the application and that the document relates to one or more of the matters in question in the action.

Cross-examination on affidavit

(6) The court may order a party to attend and be cross-examined on an affidavit delivered under this rule.

Inspection of documents

(7) A party who has delivered a list of documents to any other party shall allow the other party to inspect and copy the documents listed, except those which he objects to produce, and when he delivers the list he shall also deliver a notice stating a place where the documents may be inspected and copied during normal business hours.

Production of document referred to in pleadings

(8) At any time a party may deliver a notice to any other party, in whose pleadings or affidavits reference is made to a document, requiring the other party to produce that document and, within 2 days, the other party shall deliver a notice stating a place where the document may be inspected and copied during normal business hours or stating that he objects to producing the document and the grounds of the objection.

Copies of documents

(9) Where a party is entitled to inspect documents in the possession of another party, the other party shall, on request, deliver copies of any of the documents, if reproducible, on payment in advance of the cost of reproduction and delivery.

Order to produce document

(10) The court may order the production of a document for inspection and copying by any party or by the court at a time and place and in the manner it thinks just.

Idem

(11) Where a document is in the possession or control of a person who is not a party, the court, on notice to the person and all other parties, may order production and inspection of the document or preparation of a certified copy that may be used instead of the original. An order under Rule 41 (16) in respect of an order under this subrule may be made if that order is endorsed with an acknowledgment by the person in possession or control of the document that the person has no objection to the terms of the proposed order.

Inspection of document by court

(12) Where, on an application for production of a document, production is objected to, the court may inspect the document for the purpose of deciding the validity of the objection.

Supplementary list of documents

(13) Where, after a list of documents has been delivered under this rule,

(a) it comes to the attention of the party delivering it that the list was inaccurate or incomplete, or

(b) a document relating to a matter in question in the action comes into the party's possession or control after the delivery of the list,

the party shall deliver forthwith a supplementary list specifying the inaccuracy or document.

Party may not use document

(14) Unless the court otherwise orders, where a party fails to make discovery of or produce for inspection or copying a document as required by this rule, the party may not put the document in evidence in the proceeding or use it for the purpose of examination or cross-examination.

Determination of issue before discovery

(15) Where the party from whom discovery or inspection of document is sought objects, the court may, if satisfied that for any reason it is desirable that any issue or question in dispute in a proceeding should be determined before deciding on the right to discovery or inspection, order that the issue or question be determined first and reserve the question of discovery or inspection.

Rule 27
Examination for Discovery

Leave of the court not required

(1) Subject to this rule and to Rule 39 (22), an examination for discovery may take place without leave of the court at any time before the trial of an action.

Oral examination on oath

(2) An examination for discovery is an oral examination on oath.

Of party adverse in interest

(3) A party to an action may examine for discovery any party adverse in interest.

Examination of director, etc.

(4) A person who is or has been a director, officer, employee, agent or external auditor of a party may be examined for discovery, but that party may apply to the court at any time before the examination for an order requiring the examining party to examine instead of that person some other person who is or has been a director, officer, employee, agent or external auditor of the party.

Examination of employees, agents, etc.

(5)   (a) A party who has examined for discovery any party adverse in interest shall not examine an employee or agent of that adverse party without leave of the court.

(b) A party who has examined an employee or agent of another party shall not examine that other party without leave of the court.

(c) A party who has examined a person referred to in subrule (4) shall not examine any other person referred to in that subrule without leave of the court.

Corporation to name person for examination

(6) Where a corporation is a party, it shall disclose the name of a person to be examined who is knowledgeable concerning the matters in question in the action.

Examination of partners

(7) Where a partnership is a party, one or more of the partners may be examined for discovery.

Examination of party for whose benefit action brought

(8) Subject to subrule (11), a person for whose immediate benefit an action is brought or defended may be examined for discovery.

Examination of assignor

(9) Where an action is brought by an assignee, the assignor may be examined for discovery.

Examination of guardian and infants

(10) Where an infant is a party, the infant, his or her guardian and his or her guardian ad litem may be examined for discovery.

Examination of mentally incompetent person

(11) Where a mentally incompetent person is a party, his or her guardian ad litem and his or her committee may be examined for discovery, but the mentally incompetent person may not be examined without leave of the court.

Examination of bankrupt

(12) Where a trustee in bankruptcy is a party, the bankrupt may be examined for discovery.

Time

(13) An examination for discovery by a plaintiff may take place after the expiration of time for delivery of the statement of defence of the party to be examined, and an examination by a defendant may take place at any time after the defendant has delivered a statement of defence.

Place

(14) Unless the court otherwise orders, or the parties to the examination consent, an examination for discovery shall take place at the registry nearest to the place where the person to be examined resides.

Examination before reporter

(15) An examination for discovery shall be conducted before an official reporter, who is empowered to administer the oath.

Appointment for

(16) Where a party is entitled to examine a person for discovery, the party may obtain an appointment from an official reporter, and the person to be examined, on being served personally with a notice in Form 20 and being tendered the proper witness fees at least 2 days before the examination, shall attend and submit to examination.

Delivery of notice

(17) The party examining for discovery shall deliver a copy of the notice to the solicitor for the person to be examined, where that party has a solicitor in the action, and to each of the other parties of record or their solicitors, at least 2 days before the examination.

Delivery of notice to solicitor

(18) Instead of service of the notice on the person to be examined, delivery of it and tender of the proper fees to the solicitor for the person to be examined shall be sufficient if made 7 days before the date appointed for the examination.

Idem

(19) Where a solicitor receives a notice under this rule, the solicitor shall forthwith inform the person required to attend and shall pay the fees to that person. The fees shall not be attached.

Production of documents

(20) A person to be examined for discovery, and the party on whose behalf the person is to be examined, shall produce for inspection on the examination all documents in his or her possession or power, not privileged, relating to the matters in question in the action.

Examination and re-examination

(21) The examination of a person for discovery shall be in the nature of a cross-examination, and the person examined may be re-examined on his or her own behalf or on behalf of a party not adverse in interest to him or her in relation to any matter respecting which he or she has been examined. After the re-examination he or she may be further examined by the examining party,

Scope of examination

(22) Unless the court otherwise orders, a person being examined for discovery shall answer any question within his or her knowledge or means of knowledge regarding any matter, not privileged, relating to a matter in question in the action, and is compellable to give the names and addresses of all persons who reasonably might be expected to have knowledge relating to any matter in question in the action.

Idem

(23) In order to comply with subrule (22), a person being examined for discovery may be required to inform himself or herself and the examination may be adjourned for that purpose.

Objections

(24) Where a person under examination objects to answer a question put to him or her, the question and the objection shall be taken down by the official reporter and the validity of the objection may be decided by the court, which may order the person to submit to further examination.

How recorded

(25) An examination for discovery shall be taken down in the form of question and answer, and copies of the transcript may be obtained on payment of the proper fee by any party of record, the person examined or by any other person as the court for special reason may permit.

Application to persons outside British Columbia

(26) So far as is practical, this rule applies to a person residing outside of British Columbia, and the court, on application on notice to the person, may order the examination for discovery of the person at a place and in the manner it thinks just and convenient, but unless the court otherwise orders, delivery of the order and the notice may be made on, and payment of the proper fee may be made to, the solicitor for the person.

Rule 28
Pre-Trial of Witness

Order for

(1) Where a person, not a party to an action, may have material evidence relating to a matter in question in the action, the court may order that the person be examined on oath on the matters in question in the action and may, either before or after the examination, order that the examining party pay reasonable solicitor's costs of the person relating to the application and the examination.

Expert

(2) An expert retained or specially employed by another party in anticipation of litigation or preparation for trial may not be examined under this rule unless the party seeking the examination is unable to obtain facts and opinions on the same subject by other means.

Affidavit in support of application

(3) An application for an order under subrule (1) shall be supported by affidavit setting out

(a) the matter in question in the action to which the applicant believes that the evidence of the proposed witness may be material,

(b) where the proposed witness is an expert retained or specially employed by another party in anticipation of litigation or preparation for trial, that the applicant is unable to obtain facts and opinions on the same subject by other means, and

(c) that the proposed witness has refused or neglected upon request by the applicant to give a responsive statement, either orally or in writing, relating to the witness' knowledge of the matters in question, or that the witness has given conflicting statements.

Notice of application

(4) The applicant shall serve notice on the proposed witness at least 7 days before the hearing of the application.

Subpoena

(5) Where a party is entitled to examine a person under this rule, by serving on that person a subpoena in Form 21, the party may require the person to bring to the examination

(a) any document in the person's possession or power relating to the matters in question in the action, without the necessity of identifying the document, and

(b) any physical object in the person's possession or power which the party contemplates tendering at the trial as an exhibit, but the subpoena must identify the object.

Notice of examination

(6) The examining party shall give notice of examination of a person under this rule by delivering copies of the subpoena to all parties of record not less than 7 days before the day appointed for the examination.

Mode of examination

(7) The proposed witness shall be cross-examined by the party who obtained the order, then may be cross-examined by any other party, and then may be further cross-examined by the party who obtained the order.

Application of examination for discovery rules

(8) Rule 27 (15), (20) and (22) to (26) apply to an examination under this rule.

Rule 29
Discovery by Interrogatories

Service of and answer to interrogatories

(1) A party to an action may serve on any other party, or on a director, officer, partner, agent, employee or external auditor of a party, interrogatories in Form 22 relating to a matter in question in the action, and the person to whom the interrogatories are directed shall, within 21 days, deliver an answer on affidavit to the interrogatories. The party serving the interrogatories shall notify all other parties of record.

Where a party is a body of persons

(2) Where a party to an action is a body of persons, corporate or unincorporate, empowered to sue or to be sued, in its own name or in the name of an officer or other person, the court may, on the application of any other party, make an order allowing that other party to serve interrogatories on the officer or member of the body specified in the order.

Time for service

(3) The plaintiff may serve interrogatories after the expiration of time for delivery of the statement of defence of the party to be examined, and the defendant may serve interrogatories after the defendant has delivered a statement of defence.

Where more than one person to answer interrogatories

(4) Where interrogatories are required to be answered by more than one person who is an officer, director, partner, agent or employee of a party, the interrogatories shall state which of the interrogatories each person is required to answer.

Objection to answer interrogatory

(5) Where a person objects to answering an interrogatory on the ground of privilege or on the ground that it does not relate to a matter in question in the action, the person may make the objection in an affidavit in answer.

Insufficient answer to interrogatory

(6) Where a person to whom interrogatories have been directed answers any of them insufficiently, the court may require the person to make a further answer either by affidavit or on oral examination.

Application to strike out interrogatory

(7) Where a party objects to an interrogatory on the grounds that it is not necessary for disposing fairly of the action or that the costs of answering would be unreasonable, that party may apply to the court to strike out the interrogatory, and the court shall take into account any offer by him to make admissions, to produce documents or to give oral discovery.

Delivery of interrogatories to solicitor

(8) A party may, instead of serving interrogatories under subrule (1) or (2), deliver the interrogatories to the solicitor of the person to whom the interrogatories are directed.

Idem

(9) Where a solicitor receives interrogatories under subrule (8), the solicitor shall forthwith inform the person to whom the interrogatories are directed.

Continuing obligation to answer

(10) Where a person who has given an answer to an interrogatory later learns that the answer is inaccurate or incomplete, the person is under a continuing obligation to deliver to the party who served the interrogatory on affidavit deposing to an accurate or complete answer.

| 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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