By a person who does not understand the language 4.07(8) Where it appears to a person taking an affidavit that the deponent does not understand the language used in the affidavit, the person shall certify in the jurat that the affidavit was interpreted to the deponent in the person's presence by an interpreter, named in the jurat, who took an oath or made an affirmation before the person to interpret the affidavit correctly. 130/2017 REMOVAL OR SUBSTITUTION OF LITIGATION GUARDIAN, COMMITTEE, ATTORNEY OR SUBSTITUTE DECISION MAKER Continuation without litigation guardian 7.06(1) Where, in the course of a proceeding, (a) a minor for whom a litigation guardian has been acting reaches the age of majority, the minor or the litigation guardian may, on filing an affidavit stating that the minor has reached the age of majority, obtain from the registrar an order to continue (Form 7B) authorizing the minor to continue the proceeding without the litigation guardian; and (b) a party under any other disability for whom a litigation guardian, committee, attorney or substitute decision maker has been acting ceases to be under disability, the party or the litigation guardian, committee, attorney or substitute decision maker may move without notice for an order to continue the proceeding without the litigation guardian, committee, attorney or substitute decision maker; and the order shall be served forthwith on every other party and on the litigation guardian, committee, attorney or substitute decision maker. Against person served as partner 8.06(2) An order against a partnership using the firm name may also be enforced, where the order or a subsequent order so provides, against any person who was served as provided in rule 8.03 and who, (a) under that rule, is deemed to have been a partner; (b) has admitted having been a partner; or (c) has been adjudged to have been a partner; at the material time. 120/2006 RULE 9 ESTATES AND TRUSTS PROCEEDINGS BY OR AGAINST PERSONAL REPRESENTATIVE OR TRUSTEE General rule 9.01(1) A proceeding may be brought by or against a personal representative or trustee as representing an estate or trust and its beneficiaries without joining those beneficiaries as parties. 130/2017 Use of party's summary of evidence 20A(22) The summary of a party's material evidence referred to in clause (20)(d) may be used in the same manner as an examination for discovery is used at trial. APPLICATION TO COUNTERCLAIMS, CROSSCLAIMS AND THIRD PARTY CLAIMS 23.05 Rules 23.01 to 23.04 apply, with necessary modifications, to counterclaims, crossclaims, third party claims and petitions. CLOSE OF PLEADINGS 25.05 Pleadings in an action are closed when, (a) the plaintiff has filed a reply to every defence in the action or the time for filing a reply has expired; and (b) every defendant who is in default in filing a defence in the action has been noted in default.Alterations 4.07(9) Any interlineation, erasure or other alteration in an affidavit shall be initialled by the person taking the affidavit and, unless so initialled, the affidavit shall not be used without leave of the presiding judge or officer. 106/2004 PART II PARTIES AND JOINDER RULE 5 JOINDER OF CLAIMS AND PARTIES JOINDER OF CLAIMS Claims 5.01(1) A plaintiff or applicant may, in the same proceeding join any claims the plaintiff or applicant has against an opposite party. 130/2017 Representation by lawyer 7.05(3) A litigation guardian, committee, attorney or substitute decision maker other than the Public Guardian and Trustee must be represented by a lawyer and must instruct the lawyer in the conduct of the proceeding. Against person not served as partner 8.06(3) Where, after an order has been made against a partnership using the firm name, the party obtaining it claims to be entitled to enforce it against any person alleged to be a partner other than a person who was served as provided in rule 8.03, the party may move before a judge for leave to do so, and the judge may grant leave if the liability of the person as a partner is not disputed or, if disputed, after the liability has been determined in such manner as the judge directs. Exceptions 9.01(2) Subrule (1) does not apply to a proceeding, (a) to interpret a will or trust; (b) to establish or contest the validity of a will or trust; (c) to remove or replace a personal representative or a trustee; (d) against a personal representative or trustee for fraud or misconduct; or (e) for the administration of an estate or the execution of a trust by the court. 130/2017 Exception 20A(21) If a party conducts examinations for discovery, the party is not required to file the summaries of material evidence required under clause (20)(d). RULES OF PLEADING — APPLICABLE TO ALL PLEADINGS Material facts 25.06(1) Every pleading shall contain a concise statement of the material facts on which the party relies for a claim or defence, but not the evidence by which those facts are to be proved.Manitoba Regulation 553/88 Court of Queen's Bench Rules This version consolidates the following amendments: 150/89; 25/90; 31/90; 146/90; 31/91; 155/91; 240/91; 12/92; 13/93; 14/94; 67/94; 127/94; 214/94; 98/95; 182/95; 42/96; 184/96; 185/96; 186/96; 201/96; 229/96; 26/97; 187/97; 228/97; 6/98; 160/98; 69/99; 120/99; 158/99; 159/99; 160/99; 66/2000; 50/2001; 32/2002; 121/2002; 151/2002; 204/2002; 205/2002; 43/2003; 167/2003; 104/2004; 106/2004; 120/2004; 188/2004; 207/2004; 11/2005; 12/2005; 48/2005; 92/2005; 93/2005; 120/2006; 199/2006; 67/2007; 76/2007; 13/2008; 14/2008; 87/2008; 88/2008; 148/2009; 149/2009; 18/2010; 27/2010; 28/2010; 69/2010; 139/2010; 140/2010; 162/2011; 177/2011; 215/2011; 60/2012; 128/2012; 134/2012; 54/2014; 258/2014; 271/2014; 17/2015; 98/2015; 164/2015; 165/2015; 23/2016; 160/2016; 161/2016; 162/2016; 163/2016; 130/2017; 143/2017; 11/2018; 12/2018; 13/2018; 14/2018. Alternative method of referring to rules 1.01(3) In a proceeding in a court, it is sufficient to refer to a rule or subdivision of a rule as "rule" followed by the number of the rule, subrule, clause or subclause (for example, rule 1.01, rule 1.01(2), rule 1.01(2)(c) or rule 1.01(2)(c)(iii)). 150/89 DEFINITIONS 1.03 In these rules, unless the context requires otherwise, "Act" means The Court of Queen's Bench Act; (« Loi ») "action" means a civil proceeding, other than an application, that is commenced in the court by, (a) a statement of claim, (b) a counterclaim, (c) a crossclaim, (d) a third or subsequent party claim, or (e) a petition; (« action ») "appellant" means a person who brings an appeal; (« appelant ») "applicant" means a person who makes an application; (« requérant ») "application" means a civil proceeding, other than an action, that is commenced in the court by a notice of application; (« requête ») "court" means the Court of Queen's Bench of Manitoba or any division thereof and includes a judge and a master; (« tribunal ») "defendant" means a person against whom an action is commenced; (« défendeur ») "disability", where used in respect to a person or party, means that the person or party is, (a) a minor, or (b) mentally incompetent or incapable of managing his or her affairs, whether or not so declared by a court; (« incapable ») "discovery" means discovery of documents, examination for discovery, inspection of property and medical examination of a party as provided under Rules 30 to 33; (« enquête préalable ») "Hague Service Convention" means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters; (« Convention Notification de La Haye ») "hearing" means the hearing of an application, motion, reference, appeal or assessment of costs, or the trial of an action; (« audience ») "holiday" means, (a) any Saturday or Sunday, (b) any special holiday proclaimed by the Governor General or the Lieutenant Governor, (c) New Year's Day, (c.1) Louis Riel Day (the third Monday in February), (d) Good Friday, (e) Easter Monday, (f) Victoria Day, (g) Canada Day, (h) Civic Holiday, (i) Labour Day, (j) Thanksgiving Day, (k) Remembrance Day, (l) Christmas Day, (m) Boxing Day, and where a holiday falls on a Saturday, the first preceding day which is not a holiday shall be deemed to be a holiday and where a holiday falls on a Sunday the first day following which is not a holiday shall be deemed to be a holiday; (« jour férié ») "judge" means a judge of the court or any division thereof, and includes the Chief Justice of the Court of Queen's Bench, the Associate Chief Justice of the Court of Queen's Bench and the Associate Chief Justice of the Court of Queen's Bench (Family Division); (« juge ») "judgment" means a decision that finally disposes of all or part of an application or action on its merits or by consent of the parties, and includes a judgment in consequence of the default of a party; (« jugement ») "lawyer" means a person who is entitled by law to practice as a barrister or solicitor in Manitoba or to appear before the court; (« avocat ») "master" means a master of the court appointed under section 11 of the Act and includes the senior master; (« conseiller-maître ») "motion" means a motion in a proceeding or an intended proceeding; (« motion ») "moving party" means a person who makes a motion; (« auteur de la motion ») "order" means an order of the court and includes a judgment; (« ordonnance ») "originating process" means a document by which a proceeding is commenced under these rules and includes, (a) a statement of claim, (b) a notice of application, (c) a petition, (d) a counterclaim against a person who is not already a party to the main action, (e) a third or subsequent party claim, but does not include a counterclaim that is only against persons who are already parties to the main action, a crossclaim or a notice of motion; (« acte introductif d'instance ») "personal representative" means the executor, executrix, administrator or administratrix of the estate of a deceased person; (« représentant personnel ») "plaintiff" means a person who commences an action; (« demandeur ») "preliminary motion" means a motion made before a proceeding is commenced; (« motion préliminaire ») "proceeding" means an action or application; (« instance ») "registrar" means a registrar of the court appointed under section 12 of the Act and includes a deputy registrar; (« registraire ») "respondent" means a person against whom an application is made or an appeal or petition is brought, as the circumstances require; (« intimé ») "responding party" means a person against whom a motion is made; (« partie intimée ») "statute" includes a statute passed by the Parliament of Canada; (« loi ») "substitute decision maker" means a vulnerable person's substitute decision maker for personal care or a substitute decision maker for property appointed under The Vulnerable Persons Living with a Mental Disability Act who has the power under clause 57(2)(f) or 92(2)(m) of that Act to commence, continue, settle or defend a claim or proceeding that relates to the vulnerable person. Proportionality 1.04(1.1) In applying these rules in a proceeding, the court is to make orders and give directions that are proportionate to the following: (a) the nature of the proceeding; (b) the amount that is probably at issue in the proceeding; (c) the complexity of the issues involved in the proceeding; (d) the likely expense of the proceeding to the parties. Party acting in person 1.04(3) Where a party to a proceeding is not represented by a lawyer but acts in person in accordance with subrule 15.01(2) or (3), anything these rules require or permit a lawyer to do shall or may be done by the party. 127/94 ORDERS ON TERMS 1.05 When making an order under these rules the court may impose such terms and give such directions as are just.
Power of court to add parties 5.03(3) The court may order that any person who ought to have been joined as a party or whose presence as a party is necessary to enable the court to adjudicate effectively and completely on the issues in the proceedings shall be added as a party. 130/2017 Request for appointment 7.03(6) At least 10 days before moving for the appointment of a litigation guardian, a plaintiff or applicant must serve a request for appointment of litigation guardian (Form 7A) on the party under disability personally or by an alternative to personal service under rule 16.03. REPRESENTATION OF A DECEASED PERSON 10.02 Where the estate of a deceased person has an interest in a matter in issue in a proceeding and there is no personal representative, the court may order that, (a) the proceeding continue in the absence of a person representing the estate; or (b) a person be appointed to represent the estate in the proceeding; and an order in the proceeding binds the estate of the deceased person as if the personal representative of the estate had been a party to the proceeding, subject to rule 10.03. 130/2017 Motion for production of documents 20A(14) If a party who receives a demand under subrule (13) does not fully comply with it, the party making the demand may bring a motion to court seeking an order requiring the party who received the demand to comply with it. Notice 25.06(8) Where notice to a person is alleged, it is sufficient to allege notice as a fact unless the form or a precise term of the notice is material.
Party added as defendant or respondent 5.03(4) A person who is required to be joined as a party under subrule (1) or (2), and who does not consent to be joined as a plaintiff or applicant, shall be made a defendant or respondent. 130/2017 Motion by plaintiff or applicant to appoint litigation guardian 7.03(5) Where a defendant or respondent under disability has been served with an originating process and no motion has been made under subrule (3) for the appointment of a litigation guardian, a plaintiff or applicant, before taking any further step in the proceeding, must bring a motion for an order appointing a litigation guardian for the party under disability and provide evidence on the motion as required under subrule (4). RELIEF FROM BINDING EFFECT OF ORDER 10.03 Where a person or estate is bound by an order under this Rule, a judge may order in the same or a subsequent proceeding that the person or estate not be bound where the judge is satisfied that, (a) the order was obtained by fraud or non-disclosure of material facts; (b) the interests of the person or estate were different from those represented at the hearing; or (c) for some other sufficient reason the order should be set aside. 130/2017 Party may request additional documents 20A(13) If a party who has received another party's list of relevant documents believes that the list omits relevant documents that should have been disclosed under subrule (8) or (10), the party may, by written demand, require the other party to (a) add the documents referred to in the demand to the list of relevant documents; (b) serve on the demanding party a revised affidavit with the revised list and copies of the newly-listed documents, except those over which privilege is claimed; and (c) make the originals of the newly-listed documents available for inspection in accordance with subrule (11). Documents or conversations 25.06(9) The effect of a document or the purport of a conversation, if material, shall be pleaded as briefly as possible, but the precise words of the document or conversation need not be pleaded unless those words are themselves material.
By two or more deponents 4.07(4) Where an affidavit is made by two or more deponents, there shall be a separate jurat for each deponent, unless all the deponents make the affidavit before the same person at the same time, in which case one jurat containing the words "Severally sworn (or affirmed) before me..." may be used. 130/2017 APPROVAL OF SETTLEMENT No settlement of claim without judge's approval 7.08(1) No settlement of a claim made by or against a person under disability, whether or not a proceeding has been commenced in respect of the claim, is binding on the person without the approval of a judge, unless a statute provides otherwise. PERSON DEFENDING SEPARATELY 8.04 Where a person defends a proceeding separately, (a) with leave of the court under rule 8.02; or (b) denying having been a partner at the material time, that person becomes a party to the proceeding as a defendant or respondent and the title of the proceeding shall be amended accordingly. 130/2017 Number of experts limited 20A(26) Unless the pre-trial judge or the trial judge orders otherwise, each party to an expedited action is entitled to call, to give oral opinion evidence at trial, not more than (a) one expert of the party's choosing; and (b) if the expert referred to in clause (a) does not have the expertise necessary to respond to the other party's expert, one expert to provide the required response. Order 22.03(2) On the determination of the question of law the court may make an order or grant judgment accordingly. 146/90; 31/91 Party under disability 23.01(2) Where a party to an action is under disability, the action may be discontinued by or against that party only with leave of a judge, on notice to, (a) the Public Guardian and Trustee; (b) where the party under disability is a defendant, the litigation guardian, committee of the estate or substitute decision maker of the estate. Failure to pay costs 23.02(2) Where a plaintiff has discontinued and is liable for costs of an action, and another action involving the same subject matter is subsequently brought between the same parties or their representatives or successors in interest before payment of the costs of the discontinued action, the court may order a stay of the subsequent action until the costs of the discontinued action have been paid. 130/2017 Dismissal for long delay 24.02(1) If three or more years have passed without a significant advance in an action, the court must, on motion, dismiss the action unless (a) all parties have expressly agreed to the delay; (b) the action has been stayed or adjourned pursuant to an order; (c) an order has been made extending the time for a significant advance in the action to occur; (d) the delay is provided for as the result of a case conference, case management conference or pre-trial conference; or (e) a motion or other proceeding has been taken since the delay and the moving party has participated in the motion or other proceeding for a purpose and to the extent that warrants the action continuing. Reply 25.04(3) A reply, if any, shall be filed and served within ten days after service of the statement of defence except where the defendant counterclaims, in which case a reply and defence to counterclaim, if any, shall be filed and served within twenty days after service of the statement of defence and counterclaim.
For a corporation 4.07(5) Where these rules require an affidavit to be made by a party that is a corporation, the affidavit may be made for the corporation by an officer, director or employee of the corporation. 130/2017 [For additional historical information, see the note after this Rule.] Motion for leave 7.07(2) Notice of a motion for leave under subrule (1) must be served (a) upon the litigation guardian, committee, attorney or substitute decision maker of the party under disability; and (b) unless a judge orders otherwise, upon the Public Guardian and Trustee. DISCLOSURE OF PARTNERS Notice for disclosure 8.05(1) Where a proceeding is commenced by or against a partnership using the firm name, any other party may serve a notice requiring the partnership to disclose in writing forthwith the names and addresses of all the partners constituting the partnership at a time specified in the notice and, where the present address of a partner is unknown, the partnership shall disclose the last known address of that partner. 130/2017 Exception 20A(25) Despite a failure to comply with the requirements set out in subrule (24), the trial judge may allow a witness to give limited testimony or allow a witness to testify without restriction if he or she considers it appropriate in the circumstances. RULE 23 DISCONTINUANCE AND WITHDRAWAL DISCONTINUANCE BY PLAINTIFF Notice of Discontinuance 23.01(1) A plaintiff may discontinue all or part of an action against a defendant, (a) where the statement of claim has not been served on the defendant, by serving a Notice of Discontinuance (Form 23A) on all parties who have been served with the statement of claim and filing the Notice; (b) where the statement of claim has been served on the defendant and the pleadings are not closed, (i) by serving a Notice of Discontinuance (Form 23A) on all parties who have been served with the statement of claim, and (ii) by filing the Notice along with an affidavit of service of the Notice upon the defendant; (c) where the pleadings are closed, (i) by serving a Notice of Discontinuance (Form 23A) on all parties and filing consents to the discontinuance from all parties, or (ii) with leave of the court, by filing a Notice of Discontinuance (Form 23A) along with a copy of the order and taking such other steps as the court requires to discontinue the action or part of the action against the defendant. COSTS OF DISCONTINUANCE 23.03 Where a plaintiff discontinues an action against a defendant, the defendant is entitled to the costs, (a) of the action; (b) of any crossclaim or third party claim; and (c) payable to any persons against whom the defendant has commenced a crossclaim or third party claim, unless the court orders or the parties agree otherwise. 130/2017 What constitutes inordinate and inexcusable delay 24.01(3) For the purposes of this rule, a delay is inordinate and inexcusable if it is in excess of what is reasonable having regard to the nature of the issues in the action and the particular circumstances of the case. Counterclaim 25.04(4) The time for filing and serving pleadings in a counterclaim is prescribed by Rule 27.
Filing other documents 4.05(2) Any document may be filed by delivering or mailing it to the centre where the court file is located, accompanied by the prescribed fee. 130/2017 Definition of "former rule" 20A(34) In subrule (33), "former rule" means Rule 20A as it read immediately before January 1, 2018. No evidence 21.01(2) No evidence is admissible under subrule (1) except with leave of a judge or on consent of the parties. 130/2017 [For additional historical information, see the note after this Rule.] Failure to pay costs 24.06(2) Where a plaintiff's action has been dismissed for delay with costs, and another action involving the same subject matter is subsequently brought between the same parties or their representatives or successors in interest before payment of the costs of the dismissed action, the court may order a stay of the subsequent action until the costs of the dismissed action have been paid. Third party claim 25.01(4) In a third party claim, pleadings shall consist of the third party claim (Form 29A), third party defence (Form 29B) and reply to third party defence (Form 29C), if any.
Date of filing where delivered or mailed 4.05(3) Where a document is filed by delivery or mail, the date on the court's filing stamp on the document shall be deemed to be the date of its filing, unless the court orders otherwise. Before that, it had been amended by the following regulations: 13/93; 14/94; 185/96; 207/2004; 163/2016. 130/2017 TRANSITIONAL Transitional — case conference judge 20A(33) When a case conference judge has been assigned to an expedited action under the former rule, that judge is deemed to be the pre-trial judge for the action and he or she may exercise the powers of a pre-trial judge under Rule 50 in relation to the action. To defendant 21.01(3) A defendant may move before a judge to have an action stayed or dismissed on the ground that, Jurisdiction (a) the court has no jurisdiction over the subject matter of the action; Capacity (b) the plaintiff is without legal capacity to commence or continue the action or the defendant does not have the legal capacity to be sued; or Another Proceeding Pending (c) another proceeding is pending in Manitoba or another jurisdiction between the same parties in respect of the same subject matter; and the judge may make an order or grant judgment accordingly. 130/2017 [For additional historical information, see the note after this Rule.] EFFECT ON SUBSEQUENT ACTION Not a defence 24.06(1) The dismissal of an action for delay is not a defence to a subsequent action unless the order dismissing the action provides otherwise. Pleading subsequent to reply 25.01(5) No pleading subsequent to a reply shall be filed without the consent in writing of the opposite party or leave of the court.
JOINDER OF NECESSARY PARTIES General rule 5.03(1) Every person whose presence as a party is by law necessary to enable the court to adjudicate effectively and completely on the issues in a proceeding shall be joined as a party to the proceeding. 130/2017 Motion without notice 7.03(8) The court may dispense with the requirement for service of the motion for the appointment of a litigation guardian upon the party under disability. RULE 10 REPRESENTATION ORDER REPRESENTATION OF AN INTERESTED PERSON Proceedings in which order may be made 10.01(1) In a proceeding concerning, (a) the interpretation of a deed, will, agreement, contract or other instrument, or the interpretation of a statute, order in council, order, rule, regulation, by-law or resolution; (b) the determination of a question arising in the administration of an estate or trust; (c) the approval of a sale, purchase, settlement or other transaction; (d) the approval of an arrangement under section 59 of The Trustee Act; (e) the administration of the estate of a deceased person; or (f) any other matter where it appears necessary or desirable; a judge may by order appoint one or more persons to represent any person or class of persons, including; (g) unborn persons; or (h) persons who cannot readily be ascertained, found or served; who have a present, future, contingent or unascertained interest in, or may be affected by, the proceeding. Settlement affecting persons who are not parties 10.01(3) Where in a proceeding referred to in subrule (1) a settlement is proposed and one or more persons interested in the settlement are not parties to the proceeding, but (a) those persons are represented by a person appointed under subrule (1) who assents to the settlement; or (b) there are parties to the proceeding having the same interest who assent to the settlement, the court, if satisfied that, (c) the settlement will benefit the interested persons; and (d) service on the interested persons will cause undue expense or delay; may by order approve the settlement on behalf of those persons. 130/2017 EXAMINATIONS FOR DISCOVERY AND INTERROGATORIES Limits on discovery 20A(16) The availability and conduct of an examination for discovery or interrogatories in an expedited action is subject to the limitations in subrules (17) and (18). Inconsistent pleading 25.06(6) A party may make inconsistent allegations in a pleading where the pleading makes it clear that they are being pleaded in the alternative.
Claim by person jointly entitled 5.03(2) A plaintiff or applicant who claims relief to which any other person is jointly entitled with the plaintiff or applicant shall join, as a party to the proceeding, each person so entitled. 130/2017 Service of request 7.03(7) The request may be served on the party under disability with the originating process. Settlement binding 10.01(4) A settlement approved under subrule (3) binds the interested persons who are not parties, subject to rule 10.03. 130/2017 Production of documents 20A(15) On a motion under subrule (14) in relation to a list or revised list of documents, the court may order the party who prepared the list to (a) add to the list any documents that should have been disclosed under subrules (8) and (10); (b) serve each other party with a revised affidavit attaching the revised list and copies of the newly-listed documents, except those over which privilege is properly claimed; and (c) make the originals of the newly-listed documents available for inspection in accordance with subrule (11). Inconsistent or new claims 25.06(7) An allegation that is inconsistent with an allegation made in a party's previous pleading or that raises a new ground of claim shall not be made in a subsequent pleading but by way of amendment to the previous pleading.
GENERAL HEADING 4.02 Every document in a proceeding shall have a heading in Form 4A (actions) or Form 4B (applications) and shall have attached as the front cover a covering page in Form 4C. 106/2004 NOTICE TO BE IN WRITING 4.04 Where these rules require notice to be given, it shall be given in writing. Before that, it had been amended by the following regulations: 184/96; 229/96; 120/99; 139/2010; 215/2011. 130/2017 Note: Rule 24 was reorganized when it was replaced by M. Counterclaim 25.01(2) In a counterclaim, pleadings shall consist of the counterclaim (Form 27A or 27B), defence to counterclaim (Form 27C) and reply to defence to counterclaim (Form 27D), if any.
CERTIFIED COPIES OF COURT DOCUMENTS 4.03 Subject to a statute, order and rule 4.09 ("B" files), any person may inspect a document in the court file and on payment of the prescribed fee the registrar shall provide a copy or certified copy of the document. ISSUING AND FILING OF DOCUMENTS Issuing and filing originating process 4.05(1) An originating process may be issued and filed by delivering or mailing the original copy to the centre in which proceedings are to be commenced, accompanied by the prescribed fee. 130/2017 Note: Rule 20A was reorganized when it was replaced by M. RULE 21 DETERMINATION OF AN ISSUE BEFORE TRIAL WHERE AVAILABLE To any party on a question of law 21.01(1) A party may move before a judge, for the determination, before trial, of a question of law raised by a pleading in an action where the determination of the question may dispose of all or part of the action, substantially shorten the trial or result in a substantial saving of costs and the judge may make an order or grant judgment accordingly. 130/2017 APPLICATIONS TO COUNTERCLAIMS, CROSSCLAIMS AND THIRD PARTY CLAIMS Application 24.07 Rules 24.01 to 24.06 apply, with necessary changes, to counterclaims, crossclaims and third party claims. Crossclaim 25.01(3) In a crossclaim, pleadings shall consist of the crossclaim (Form 28A), defence to crossclaim (Form 28B) and reply to defence to crossclaim (Form 28C), if any.
Contents 4.07(2) An affidavit shall be confined to the statement of facts within the personal knowledge of the deponent or to other evidence that the deponent could give if testifying as a witness in court, except where these rules provide otherwise. 130/2017 Settlement where no proceeding commenced 7.08(3) Where an agreement for the settlement of a claim made by or against a person under disability is reached before a proceeding is commenced in respect of the claim, approval of a judge shall be obtained on an application to the court. Time for service 8.03(2) The notice (Form 8A) shall be served within the time provided for the service of originating process. 130/2017 Jointly instructed experts 20A(28) The pre-trial judge may, on his or her own motion, or on the motion of a party, order the parties to retain a jointly instructed expert to give a required opinion at trial rather than permit experts to be retained individually by each party to address the same issue. FORM OF SPECIAL CASE 22.02 A special case (Form 22A) shall, (a) set out concisely the material facts, as agreed on by the parties, that are necessary to enable the court to determine the question stated; (b) refer to and include a copy of any documents that are necessary to determine the question; (c) set out the relief sought, as agreed on by the parties, on the determination of the question of law; and (d) be signed by the lawyers for the parties, or if a party is acting in person, by the party so acting. 130/2017 Excluded time — period under disability 24.02(3) Any period of time when a person is under disability is not to be included when calculating time under subrule (1). TIME FOR FILING AND SERVING PLEADINGS Statement of claim 25.04(1) The time for serving a statement of claim is prescribed by rule 14.07.