Rules

Question 1

Rule 1: General

Answer 1

*general rules and definitions

Question 2

Rule 3: Time

Answer 2

• count days, include first, don’t include last

Question 2

Rule 2: Non-Compliance with the Rules

Answer 2

• court can do as they see just

Question 3

Rule 4: Disability

Answer 3

• minors
• mentally incapable
• absentees
• always need court approval (even to settle)

Question 4

Rule 5: Partnerships & Sole Proprietor

Answer 4

• individual people that make up a business

Question 5

Rule 7: Commencement of a Proceeding

Answer 5

• plaintiffs claim being filed

Question 5

Rule 8: Service

Answer 5

• how you effectively get documents to other parties
• courier, personal service, registered mail, email, regular mail, endorsement from legal rep, service at place of residence
• personal service effective immediately
• mail +5 days
• if someone is evading you, you can serve on someone else substituted service

Question 6

Rule 6: Forum & Jurisdiction

Answer 6

• 3 ways to file a proceeding
• where the defendant lives or carries on business
  *

Question 7

Rule 9: Defence

Answer 7

• disputing or agreeing with a plaintiff’s claim
• within 20 days of being served plaintiff’s claim

Question 8

Rule 10: Defendant’s Claim

Answer 8

• claiming damages for the defendant
• against the plaintiff (counter claim), another named defendant (cross claim), or another person who you think was involved (third party claim)
• 20 days from defence

Question 9

Rule 11: Default Proceedings

Answer 9

• one of the named defendants does not file a defence
• suggesting to the court to note the defendant in default so they can no longer participate in the proceeding
• liquidated claims can be signed by the clerk
• An unliquidated claim (not easily calculated) must be filed for an assessment hearing

Question 10

Rule 12: Amendments, Striking Out, Stay and Dismissal

Answer 10

• if amending, must be 30+ days from first hearing date
• under 30 days, must make a motion (ask for leave) and explain why it’s so late
• if court decides to read documents and wants to dismiss the action, the court must contact plaintiff and allow plaintiff to make written submissions, then clerk may send a copy to the other parties and they can also make submissions

Question 11

Rule 13: Settlement Conferences

Answer 11

• must attend - if not you could be hit with costs (usually $100 but needs exceptional circumstances)
• list of witnesses with 14 days’ notice before the settlement conference

Question 12

Rule 14: Offer to Settle

Answer 12

• all offers, acceptance or withdrawal must be in writing
  *