INDEX

TO THE

RULES OF THE

SUPREME COURT

OF THE

NORTHWEST TERRITORIES

INTRODUCTION

This index is an index to the Rules of the Supreme Court of the Northwest Territories, established by regulation numbered R-010-96. The Rules have been analyzed rule by rule, and index entries composed to summarize the contents of each rule. These entries appear under one or more subject headings.

The index contains both general and specific subject headings. Therefore, it may be necessary to look at more than one heading to find all relevant references. For example, PLEADINGS, ORIGINATING DOCUMENTS and ORIGINATING NOTICES are all headings that may relate to the same subject in more or less detail. Cross references indicate related subject headings or subheadings.

Forms are listed alphabetically under the heading FORMS. They are also indexed by subject with their corresponding rules. All other references are to rule numbers.

ABATEMENT

actions, death, 75

ABSCONDING DEBTORS

costs, 548(2)

judgments, 548(1)

livestock or perishables, 546

property, holding and returns, 544, 545

writs of attachment

affidavits, 540(2), 541(a)

applications, 540(1), Form 48

bonds, sureties and other security, 541(b)

execution, 540(3)

returns, 543

service, 542

setting aside, 547

ACCOUNTS

administrators, 551(a), 555

bank, see BANKS

discovery of documents

inclusion in definition, 218(1)

production for inspection, 221(3), 225(4)

executors, 551(a), 555

receivers, filing, 451

taking

affidavits, 430

debts, judgments or orders, 420

default proceedings, generally, 167(3)(a)

default proceedings, third parties, 151(3)(a)

delay in prosecution, effect, 428

directions, time, 427, 429

excess charges, 431

filing, 430(2)

judgments, insufficient material, 403

partners, writs of execution, 510(6)

receipts and documents, production, 430(4)

summary judgments, amount only genuine

issue, 176(3)

trust, see TRUST ACCOUNTS

trustees, 551(a), 555

ACTIONS

abatement, death, 75

class, see CLASS PROCEEDINGS

commencement

certificates of pending litigation, 476

irregularities, effect, 710

mentally incompetent persons, 81

minors, 78

originating notices, 8(2)

persons incapable of managing their financial

affairs, 80

petitions, 8(3)

solicitors, authority, 14, 702

solicitors outside Yellowknife, 11

statements of claim, 8(1)

consolidation, 318

continuance, 74, 89(7), 200, 202, 710

defined, 1

delay, see DELAY IN PROSECUTION

discontinuance, see DISCONTINUANCE

dismissal, see DISMISSAL

joinder, see JOINDER OF ACTIONS

new judgments, deemed actions, 422(2)

parties, defective for want of, 60

property, protection, 61

solicitors, compensation, 667

stays, see STAY OF PROCEEDINGS

waste, prevention, 61

ADDRESSES

contingency agreements, 658(2)

examination for discovery

experts, 252

persons with knowledge, 251(3)

examination in aid of execution, corporations, 513(1)

examination out of court

solicitors or agents, 359(1)(c)

translators, 359(1)(d)

foreclosure actions, notice, 576

interpleader, claimants, 456(3)

partners, disclosure, 89

payment into court, trusts, persons interested, 207

pleadings, persons delivering, 15(e)

service, see SERVICE; addresses

writs of execution, endorsement, 493

ADJOURNMENT

applications, 392, 394, 396

case management conferences, 284(2)(a)

chambers, sittings, 728-730

Court, sittings, 728-730

cross-examination on affidavits, 381(5)

examination for discovery, 237(2), 251(2)

hearings, settling judgments or orders, 411(4)(b)

inquiries, 433(1)

juries, sittings, failure to prove facts or documents, 343

special chambers applications, 393

trials

after publication of date, 324

appeals, applications, 341

evidence summaries, non-compliance, 326(6)

terms, 340

ADMINISTRATION PROCEEDINGS

defined, 549

estates, see ESTATES

trusts, see TRUSTS

ADMINISTRATORS

accounts, orders to furnish, 551(a), 555

administration proceedings, parties, 552

directions, 551(c)

joinder of actions

beneficiaries, 63

judgments or orders, 64, 65

personal claims, 55

payment into court, orders, 551(b)

sales, approval and powers, 551(d), 556

solicitors acting as, compensation, 664

ADMINISTRATORS AD LITEM

appointment, 70

ADMISSIONS, see also FACTS

admissibility, 295

calls to admit, 294

case management conferences, 284(1)(d)

costs consequences, 128

counterclaims, withdrawal, 317

cross-claims, withdrawal, 317

defences, new grounds, 112(3)

delay in prosecution, orders, 329(c)

discovery of documents, 228

form, pleadings or otherwise in writing, 293

joinder of issue, 102

law, admissions of, withdrawal, 296

offers to settle, deemed admissions, 185

payment into court, deemed admissions, 185

service, verification, 42

silence, 120

statements of defence, withdrawal, 317

summary judgments or orders, 181

third parties

claims, withdrawal, 317

deemed admissions, 147(4), (5)

ADVANCE PAYMENT

disclosure, 217

judgments, 216

releases, deemed and requested, 214, 215

AFFIDAVITS

accounts, taking, 430

addresses for service, 367(4)

admissions of service, 42

alterations, erasures, interlineations, 376

applications

chambers, use, 380

evidence, 382(3)

ex parte, 398

late filing, 395(1)

list, 382(4)

service, 383

blind deponents, 371

committees, appointment, 565, 566

contents, restrictions, 373(1)

corporations, 373(2)

court experts, reports, 278(6)

court reporters, powers, 722

cross-examination, 381

default proceedings, judgments, 163, 167(3)(a)

delay in prosecution, applications, 327(2)

discovery of documents

business books, inspection, 227

documents in affidavits, production, 225(1)

examination for discovery, corrections, 260

exhibits, 377, 378

foreclosure actions

affidavits of default, 579(2), Forms 51, 59

affidavits of value, 579(3), Form 52

final affidavits of default, 589(1), Form 54

sales, reports, 586

subsequent relief, 577(3)

foreign process, service, 607

form, generally, 367

garnishment, applications for leave, 523(2), (3), 524

illiterate deponents, 371

information and belief, 373(3)

interim recovery of personal property, 437

interpleader, 456(3)

interpreters, 372

irregularities, 368(4), 374

judgments

consent, filing, 404(2)

memoranda of satisfaction, filing, 423(1)(a)

signatures, conditions, 414

judicial review, service, 597

minors, disposition of property, 562(2), 563(1)

numbers, 367(3)

orders, consent, filing, 404(2)

originating notices, 24

paragraphs, 367(2)

payment into Court, Trustee Act, 207

personal property, recovery, 471(2)

petitions, 8(4)

reciprocal enforcement of judgments, 620, 628

scandalous, irrelevant or oppressive, 375

security for costs, 632(1)

service, substitutional, 38

service out of jurisdiction, 49

summary judgments, 174-176, 181

swearing

date and place, 369

irregularities, 368(4)

names, 368(2)

several deponents, 370

signatures, 368(1)

solicitors, 368(3)

taxation, affidavits verifying disbursements, 670, 680

taxing officers, powers, 668(1)(a)

telecopiers, 379

third parties, default proceedings, 151(3)(a)

trials, proof of fact, 351

witnesses, apprehension, 365(2)

writs of attachment

issuance, 540(2), 541(a)

returns, 543

setting aside, 547

writs of possession, issuance, 504(2)

AGE OF MAJORITY, see MINORS

AGENTS

charges, inclusion in definition of costs, 641(c)

contingency agreements, signatures, 658(1)

examination out of court, addresses, 359(1)(c)

garnishment, applications for leave, affidavits, 523(2)

interim recovery of personal property, affidavits, 437

pleadings, names, inclusion, 15(e), 16(1)(b), 19(a)

reciprocal enforcement of judgments, notice, 629

security for costs, affidavits, 632(1)

service

admissions, verification, 42

defendants out of jurisdiction, 35, 47(1)(f)

documents, personal service, 43

telecopiers, 40

writs of attachment, affidavits, 540(2)(a)

writs of execution, addresses, 493

AGREEMENTS

applications, argument in writing, 388

case management conferences, 284(1)(d)

certificates of readiness, 320

contingency, see CONTINGENCY AGREEMENTS

default proceedings, actions on bonds, 161(5)

delay in prosecution, rules, application, 330

experts, appointment, 278(2)

judicial review, records, 598(6)

persons under disability, 88

pleadings, denials or silence, 124

solicitors, compensation

contingency agreements, see CONTINGENCY

AGREEMENTS

scope, 656

taxation, 654, 687

special cases, 297, 299(4), 302

specific performance, see SPECIFIC PERFORMANCE

AMENDMENTS

admissions, 294(5)

committees, appointment, 569

costs, 141

counterclaims, 130(5), (6)

defences to counterclaims, 130(5)

documents, filed, 140

judgments, default, 170, 171

originating notices, 129(3)

petitions, 129(3)

pleadings, generally

case management conferences, 284(1)(c)

consents, 132

defects or errors, 134

delay in prosecution, orders, 329(e)

delivery, 138

disallowance, applications, 131

endorsements, 137

expiration of leave to amend, 135

grounds, 129

manner, 136

new matters, 112

real questions in issue, determination, 133

time, 713(3)

trials, amendments made at, 139

without leave, 130

proceedings, irregularities, 708

records of the Court, 140

replies, 130(3), (4)

statements of claim, 59(1)

statements of defence, 130(2), (4)

third party proceedings, 130(5)

time, 713

writs of execution, 490(a), 696

AMICUS CURIAE

appointment and powers, 92

APPEALS

costs, scale on appeal, 650

examination for discovery, directions, 249(3)

exhibits, return after, 735

offers to settle, disclosure, rules, 186, 187

payment into court, disclosure, rules, 186, 187

property, inspection, 338

reciprocal enforcement of judgments, 620(e), 628(b)

special cases, stays, 302(2)

taxation

certificates, 675(2)

costs, 695(2)

evidence, 694

notices, filing, service, time, 693

powers of the Court, 695

repayment, enforcement, 697

Sheriff, fees, 725(5)

writs of execution, amendments, 696

trials, adjournment, 341

APPEARANCES

contents, 19

delivery, time, 93

filing, effect on defective service, 39

forms, 93(4), Form 7

judgments, consent, filing, 404

late filing, 159

notice, entitlement after filing, 158, 165

orders, consent, filing, 404

solicitors, undertakings to file, 31

third parties, 147(1), 148, 150

APPLICATIONS (INTERLOCUTORY)

adjournment

failure to give notice, 396

chambers lists, withdrawal, 392, Form 26

administration proceedings

leave to appear, 552

notices of judgments or orders, variation, 557(7)

affidavits, 380, 382(3), (4)

case management conferences, 283, 284(1)(f),

(2)(e), 288

certificates of pending litigation, setting aside, 478

certificates of readiness, 320

chambers

affidavits, use, 380

lists, striking from, 395(1)

lists, withdrawal, notices, 392, Form 26

orders, signatures, 412(2)

rules, variation, 401

telephones, use, 389

time, 386

contempt, 703(1)

costs

adjournment, 394

generally, 649

late filing, 395

court experts, appointment, 278(2)

default judgments, 165(b), 167, 169-171, 421(2)

delay in prosecution, 327, 328, 329(b)

discovery of documents

business books, inspection, 227

documents in possession of non-parties, 231

further information, 226

dismissal, failure to give notice, 396

equitable execution, 522

estates, notices of judgments or orders,

variation, 557(7)

evidence, affidavits, 382(3)

ex parte

addresses, 20

conduct money, amounts, 652(2)

default judgments, 167(2), 171

evidence, reading in, 354(a)

examination for foreign courts and

tribunals, 609(2)

exhibits, disposal, 735(3)

foreclosure actions, 576-578

garnishment, pre-judgment, 523

generally, 398

interim recovery of personal property, 437(3)

interlocutory injunctions, 446

mandatory orders, 446

notice, directions, 398(3)(a)

orders, duration, 398(3)(b)

parties, changes, continuances, 76

pleadings, delivery, time, 93(3)

preservation of property, 468

reciprocal enforcement of judgments, 617, 626

service, orders and affidavits, 398(2)

service out of jurisdiction, 49(3)

setting aside, 398(4)

solicitors, death or ceasing to act, 701

stop orders, 473(2)

summary judgments, special urgency, 174(2)

supporting material, 398(5)

third parties, default proceedings, 151(2)

writs of attachment, 540, 541

examination for discovery

consolidation, 318(2)

corporations, 238

leave to withhold information, 255

non-parties, 270

examination for foreign courts and tribunals, 609, 614

exhibits, return, 735

foreclosure actions, sales, 587, 588

fraudulent conveyances, 521

garnishment, 523, 538

inquiries, reports, 434(2)

interim recovery of personal property, 437

interlocutory injunctions, 445

interpleader, see INTERPLEADER

irregularities, 385, 426, 709

joinder of actions, 58

judgments, 340(2), 402, 403

judicial review, see JUDICIAL REVIEW

mandatory orders, 445

medical examinations, 272

memoranda, filing and service, 390

minors, continuances, 86

motions, applications to be made by, 382(1)

notices of motion, see NOTICES OF MOTION

orders

effective date, 400(2)

forms, 400(1), Form 27

particulars, requirements, 382(5)

variation, 397, 399

partnerships

disclosure of names and addresses, 89

writs of execution, 510

payment into court, Trustee Act, 207

pleadings, amendments, 129, 131

property, preservation and inspection, 337, 470

questions of fact and law, disposition, stays, 304(1)(c)

receivers, appointment, 449

reservation of liberty to apply, 408

rules, waiver or variation, 401

service

irregularities, 44

notices of motion, 383, 384

substitutional, 38

service out of jurisdiction, 49, 51

special chambers applications

adjournment or cancellation, 393, 394

contested matters, duration, 387(1)

dates, 387(2)

pre-hearing briefs, filing, 391, 395(2)

service, 387(3), (4)

stop orders, 473, 475

summary judgments, see SUMMARY JUDGMENTS

telephones, use, 389

third parties

default proceedings, 150, 151

defended actions, directions, 153(2), 154

notices, setting aside, 144

trials

adjournment, 324, 341

entry, 319(3)

postponement, 405

trusts, notices of judgments or orders, 557(7)

setting down, completion, 320

withdrawal, notice, 392

writing, applications by, agreements, 388

writs of execution, leave, 486, 490, 510

APPLICATIONS (ORIGINATING), see

ORIGINATING NOTICES

ARGUMENT

amicus curiae, powers, 92

applications, 382(5), 388

special cases, summaries, 300

ASSESSMENT OF DAMAGES, see DAMAGES;

assessment

ASSIGNMENTS

choses in action, discovery of documents, 220

examination for discovery, 242

garnishment, fraudulent assignments, 528

interim recovery of personal property, bonds, 439, 443

parties, death, effect, 74

taxation of costs, delivery of documents, 691

ASSOCIATIONS

security for costs, 633(1)(d)

service, personal, 30(6)

ATTACHMENT

garnishment, see GARNISHMENT

writs of, see ABSCONDING DEBTORS

AUDITORS

examination for discovery, 239

BANKRUPTCY

examination for discovery, 243

joinder of actions, 53

BANKS

books, production for inspection, place, 221(3), 225(4)

evidence, payment, 356

money paid into court, trust accounts, 210(2), 212

BARRISTERS, see SOLICITORS

BENEFICIARIES

accounts, 555

claims, originating notices, 550

inquiries, time, 420

joinder of actions, 63(1)

judgments or orders against, 64, 65

payment out of court, 209

BILLS OF EXCHANGE, see NEGOTIABLE

INSTRUMENTS

BILLS OF SALE

interpleader, adverse claims, 464

BLIND PERSONS

affidavits, swearing, 371

BONDS

default proceedings, actions, 161(5)

interim recovery of personal property, 439, 443

interpleader, effect, 461(2)

security for costs, 636, 640

writs of attachment

issuance, conditions, 541(b)

livestock and perishables, 546

BURDEN OF PROOF

facts, pleadings, 109

trials, addresses, 336

CANADA EVIDENCE ACT

examination for foreign courts and tribunals, 609(1)

CARRIAGE BY AIR ACT

service out of jurisdiction, 47(1)(o)

CASE MANAGEMENT CONFERENCES

adjournment, 284(2)(a)

applications, interlocutory, 284(2)(e)

case management, defined, 281

conference judges

defined, 281

designation, 282

not seized of the proceeding, 290

powers, 284

costs, 287

delay in prosecution, orders, 329(j)

directions to appear, 283

experts, conferral, 284(2)(d)

mini-trials, 284(2)(c), 292

non-compliance, parties or solicitors, 288

orders reciting action taken, 286

schedules, 284(2)(b)

solicitors, duties, 283, 285

telephone or television conferences, 289

trial judges

meetings, powers, 291

mini-trials, restrictions, 292

CERTIFICATES

affidavits

blind or illiterate deponents, 371

exhibits, 377(2)

evidence, payment, deposit-taking institutions, 356

evidence summaries, non-compliance, 326(4)

examination for foreign courts and tribunals, 613(2)

examination out of court, translation, 359(1)(d)

judgments, signatures, conditions, 415

judicial review, returns, 598

originating notices, 22(k)

payment out of court, 211(4)

reciprocal enforcement of UK judgments,

appeals, 628(b)

service out of jurisdiction, Convention, 50

taxation of costs, 675, 725(4)

writs of execution, costs, returns, 500, 501, 503

CERTIFICATES OF PENDING LITIGATION

foreclosure, restrictions, 480

issuance, 476(1), Form 41

liens, restrictions, 480

pleadings, claims, inclusion, 476(2)

service, with originating document, 477

setting aside, 478, 479

CERTIFICATES OF READINESS

filing, 319

service, 323

CERTIFICATES OF TITLE

originating notices, 22(d)

specific performance, filing, 581

CERTIORARI, see JUDICIAL REVIEW

CHAMBERS

adjournment, 728-730

applications, see APPLICATIONS; chambers

clerk in chambers, 719(1)

judgments and orders, 719(2)

new judgments, proceedings, 422

sittings, time and place, 727(2)

special chambers applications, see APPLICATIONS;

special chambers

taxation, appeals, 693(2)

CHATTEL MORTGAGES

interpleader, adverse claims, 463

CHATTELS, see GOODS, PERSONAL PROPERTY,

PROPERTY

CHEQUES, see NEGOTIABLE INSTRUMENTS

CHILDREN, see MINORS

CHOSES IN ACTION

interpleader, inclusion in definition of property, 454

CIVIL CONTEMPT, see CONTEMPT

CLASS PROCEEDINGS

administration proceedings, 550(b), 557

common interests, 62

payments, restrictions, 484

property, protection, 61

representation orders, 71

security for costs, 633(1)(d)

waste, prevention, 61

CLERK, see also COURT; officers

absence, special duties, 717(2)

adjournment, judges not present, 730

amendments, records and documents, 140

applications

notices of motion, filing, 382(2)

withdrawal, 392

certificates of pending litigation, issuance, 476, 479

certificates of title, filing, 581

chambers, clerk in, acting as, 719

contingency agreements, filing, review, 659, 661

default proceedings, 149, 160

documents, acceptance of non-conforming, 733

duties, generally, 718

examination for discovery, appointment, 248(1)

examination for foreign courts and tribunals, 613

exhibits, return or disposal, 735

experts, reports, 278(7)

fees

inclusion in definition of costs, 641(e)

taxation, proof of disbursements, 680(1)

fiats, notice, records, 424, 425

foreclosure actions

affidavits of value, filing, 579(3)

orders nisi, signing, 582

sales, reports, 586

foreign process, service, 607

garnishment

payment into court, notice, 537(1)

responses, 531, 537(2)

summons, issuance, 523(1), 524, 526

wages and salary, 532, 535

judgments, settling and entry, 411-416

judicial review, returns, 595(2), 598

lost documents, replacement, 12

memoranda of satisfaction, 423

minors, disposition of property, consent, filing, 563(2)

next friends, written authority, 82

notices of intention to tax, filing, 312(2)

officer of the Court, 715

offices, 716, 720

orders, sealing, settling, entry, 400(1), 411-416

originating documents, issuance, duties, 9-11

payment into court

funds, administration, 210, 211

notice, 190

repayment, 191

pleadings, amendments, endorsements, 137

procedure books, entries, 10(3), 349, 734(2)

rules, provisions not included, 4

special cases, filing, 299(3)

special chambers applications, 387(2), 391, 393

statements of claim, renewal, 13

taxing officer, acting as, 642

third parties, noting in default, 149

third party notices, filing, 142(3)

trials

briefs, copies, 325

entry, 319(4)

lists, publication, 324(1)

writs of attachment, issuance, 540(1)

writs of execution

amendments, appeals, 696

recovery of money, endorsement, 495

renewal, 498

signatures, 491

COMMENCEMENT OF ACTIONS, see ACTIONS;

commencement

COMMITTEES

accounting, 568

appointment, applications

affidavits, 565(2)

costs, 567

grounds, 565(1)

service, 566

continuance orders, variation, 76(4)

evidence and procedures, consent, 85

examination for discovery, 241

mentally incompetent persons

actions and defences, 81

appointment, grounds, 565(1)(a)

persons incapable of managing their financial affairs

actions and defences, 80

appointment, grounds, 565(1)(b)

payments, restrictions, 484

service, 34

review, 569

solicitors acting as, compensation, 664

COMPROMISES

administrators, executors and trustees, 551(d)

estates and trusts, non-joinder of parties, 73

offers to settle, payment into court, 185

persons under disability, 88

CONDITIONS PRECEDENT

pleadings, 110

CONDUCT MONEY, see also EXPENSES

costs

generally, see COSTS

in addition to conduct money, 652

defined to include, 641(f)

defined, 1

examination for discovery, 248

trials, 363-365

CONFESSIONS, see ADMISSIONS

CONFIDENTIALITY, see DISCLOSURE

CONFLICT OF INTEREST

committees, restrictions, 565(2)(e)

CONSENT

administration proceedings, 552(1)

admissions, withdrawal, 317

applications

orders, variation, 399(2)

telephones, use, 389

withdrawal, 392

committees, members, 565(2)(c)

costs

estates, trust funds, mortgaged property, 665

taxation, independent legal advice, 688

taxation, settlements, 651(2)

discontinuance, 309, 310, 312

examination for discovery

continuation after filing certificate, 320

videotapes, use, 269

examination for foreign courts and tribunals, 615

examination out of court, 357

interim recovery of personal property, security, 440

interlocutory proceedings, continuation, 320

joinder, plaintiffs and next friends, 58(4)

judgments

memoranda of satisfaction, 423(1)(a)

persons under disability, 88(3)

procedure, generally, 404

third parties, deemed admissions, 147(4)

juries, removal, 342(1)

mini-trials, advisory opinions, disclosure, 292(2)

minors, disposition of property, 563

orders

applications, ex parte, 398(5)

procedure, generally, 404

persons under disability, 85

pleadings, amendments, 132

security for costs, payment out of court, 640

special chambers applications, withdrawall, 393

taxation of costs, 651(2), 688

telephones or audio-visuals, trials, 352

time, enlargement or abridgment, 713(3)

trials, applications to adjourn, 324(3)

CONSOLIDATED REVENUE FUND

payment into court, transfers, 213

CONSOLIDATION

actions, 318

CONTEMPT, see also WRITS OF

SEQUESTRATION

appearances, show cause, 703(2)

case management conferences, 288(a)

corporations

examination in aid of execution, 517(2)

fines, 705(1)(c)

judgments against, enforcement, 507(b)

penalties, officers and directors, 706

costs, repayment of excess, 697

declarations, 703(1)

discovery of documents

orders to produce or inspect, 233(1)

solicitors, notice to clients, 233(2)

enactments, non-compliance, 704(f)

examination in aid of execution, 517

notices, non-compliance, 704(b)

oaths, refusal, 704(c)

orders, non-compliance, 704(a)

penalties

corporations, officers and directors, 706

costs and expenses, 705(2)

fines, 705(1)(c)

imprisonment, 705(1), 707

parties, proceedings, 705(1)(d)

variation, notice, 705(4)

waiver, contempt purged, 705(3)

solicitors, authority, demands, 14(2)

undertakings, non-performance, 704(d), (e)

witnesses, answers, 704(c)

writs of execution, returns, 503(2)

CONTINGENCY AGREEMENTS

defined, 657

irregularities, 660

memoranda, 658(2), 659

provisions, validity, 662

review, 661

signatures, 658(1)

taxation, solicitors ceasing to act, 663

CONTINUANCES

actions, 74, 89(7), 200, 202, 710

CONTRACTS

joinder of actions, parties, 68, 69

pleadings, denials or silence, 124

service, validity, 36

service out of jurisdiction, 47(1)(b), (f), (g)

specific performance, non-compliance, 508

CONTRIBUTION

cross-claims, 157

delay in prosecution, prejudice, 328(e)

fourth, fifth parties, 145

offers to settle, several defendants, 203, 204

third parties, see THIRD PARTY NOTICES, THIRD

PARTY PROCEEDINGS

CONTRIBUTORY NEGLIGENCE ACT

contribution or indemnity, cross-claims, 157(2)

CONVENTION ON THE SERVICE ABROAD OF

JUDICIAL AND EXTRAJUDICIAL

DOCUMENTS IN CIVIL OR COMMERCIAL

MATTERS

service pursuant to, 50

CORPORATIONS

affidavits, swearing, 373(2)

contempt, 507(b), 517(2), 705(1)(c), 706

directors and officers

affidavits, swearing, 373(2)

contempt, examination, non-compliance, 517(2)

contempt, judgments, wilful disobedience, 507(b)

contempt, orders, 706

examination for discovery, 238

examination in aid of execution, 513-515, 517(2)

property, writs of sequestration, 507(c)

examination for discovery, 238

examination in aid of execution

directors and officers, 513(1), 517(2)

employees, 513(2)

property in possession of corporation, 515

property transferred to corporation, 514

mortgages, foreclosure, rules, application, 571(b)

pleadings, proof of incorporation, 123

representation by a solicitor, 7

service, personal, 30(3)

writs of sequestration, 507

COSTS, see also EXPENSES, TAXATION OF

COSTS

absconding debtors

generally, 548(2)

livestock and perishables, 546(2)(b)

accommodation, inclusion in definition of conduct

money, 1

accounts, taking, 428(b)

administration proceedings, 552, 557(2)

admissions, 112(3), 128, 294(4), (7)

amendments, 141

amicus curiae, 92

appeals, 650

applications

adjournment, 394

costs in the cause, 649

late filing, 395

calculation, 648, Schedule A

case management conferences, 287

committees, applications to appoint, 567

conduct money, see CONDUCT MONEY

contempt, penalties, 705(2)

Court, discretion of, 206, 643

default proceedings

debts, liquidated demands and damages, 161(1)

defendants, several, striking out, 168

judgments, amendments, setting aside, 170, 421

recovery of goods or land, 162(1)

defined, 641

delay in prosecution, 329(a), (g), (h)

discontinuance

counterclaims, 311(1)

cross-claims and third parties, 311(2)

defendants, 312, 313

subsequent proceedings, stays, 314

discovery of documents, non-parties, 231(5), (6)

estates, persons interested in, 665

examination for discovery

further examination by order, 265

non-parties, 270(1)

objections, 257(2)

examination in aid of execution, 512(1), 513(1)(e),

514, 519

foreclosure actions, 590

garnishment

garnishee summons, setting aside, 538(2)(c)

responses, 531

wages and salary, pre-judgment, 523(5)

generally, 643

gross sums, 643(1)(a)

guardians ad litem, solicitors acting as, 645

hearings, settling judgments or orders, 411(4)(b)

inquiries, 428(b)

interim recovery of personal property, orders, 439(3)

interpleader

applicants, 460(c)

Sheriff, 466, 467

judgments, enforcement, acts required, 508

judicial review, 606

legal aid, awards, 646

medical examinations, 274

mortgaged property, persons interested in, 665

new judgments, proceedings, 422(5)

offers to settle, consequences

accepted offers, 197(6)

discretion of the Court, 206

generally, 201

offers immediately before trial, 195

pre-judgment interest, 205

several defendants, 203, 204

withdrawal of offer, 196(3)

particulars, delivery, 119(5)

payment into court

discretion of the Court, 206

effect, generally, 192

plaintiffs, acceptance, effect, 190(3)

pre-judgment interest, 205

tender, defence of, 188(4)

pleadings

amendments, 131

contents, 121

repayment of excess, 697

security, see SECURITY FOR COSTS

service out of jurisdiction, setting aside, 51

set-offs, 643(1)(c), 647

settlements, 651

solicitor and client

offers to settle, 195, 201, 203

payment into court, 192

summary judgments, 180

solicitors

compensation, see SOLICITORS; compensation

liability, 644, 697(b), 702(1)

special cases, 302

summary judgments, 180

taxation of costs, costs of, 669, 695(2)

time, 643(3)

transportation, inclusion in definition of conduct

money, 1

trials

adjournment, evidence summaries, 326(6)

facts or documents, failure to prove, 343

non-disclosed documents, production, 230

telephones or audio-visuals, 352

trust funds, persons interested in, payment, 665

writs of execution, recovery, 488, 500

COUNTERCLAIMS see also PLEADINGS

actions, effect, 98

admissions, withdrawal, 317

contents, 18

default proceedings, application, 172, 173

defences to counterclaims, see DEFENCES TO

COUNTERCLAIMS

defined, 1

delay in prosecution, 327(6), 330(2)

discontinuance, see DISCONTINUANCE

exclusion, orders, 97

forms, 95(6), Form 8

joinder of issue, 101

joinder of new parties, 95(1), 96

judgments

balances in favour of one party, 99

effect, 95(3)

minors, use, 78

misjoinder, effect, 58(5)

offers to settle, rules, application, 187

payment into court

rules, application, 187

surrender, 189(4)

scope, 95(1)

security for costs, definitions, 630(1)

service, 94(2)

set-offs, 95(2)

statements of defence, conjoined, 95(4)

stays, lack of defence, 100

styles of cause, 95(7), 96(1)

third party proceedings, application, 156

trials

plaintiffs, failure to appear, 333

separate, 97

COURT

audience before the Court, 7

defined, 1

experts, 278, 284(1)(k)

name, inclusion in pleadings, 15(a)

officers, see also CLERK, COURT REPORTERS,

SHERIFF

absences, special duties, 717

directions, judgments and orders, entry, 416(4)

fees, 725, 726

interpleader, applications, 461

interpleader, orders to deposit, 460(a)

positions, 715

witnesses, apprehension, 365

offices

documents, contents, 732(1)(a)

documents, filing, 720

place, 716

payment into, see PAYMENT INTO COURT

records, amendments, 140

sittings

adjournment, 728

chambers, adjournment into, 729

judges not present, 730

retrials, juries, 347, 348

time and place, 727

COURT REPORTERS, see also COURT; officers

duties, generally, 721

examination, oral, powers, 722

examination for discovery, transcripts, 262

examination out of court, appointment, duties, 357, 360

fees

inclusion in definition of costs, 641(e)

taxation, proof of disbursements, 680(1)

officer of the Court, 715

transcripts

correction, 723

evidence, admissibility, 724

CREDITORS

estates

accounts, 555

originating notices, 550(c)

execution, see WRITS OF EXECUTION

judgment, see JUDGMENT CREDITORS

CREDITORS RELIEF ACT

garnishment, 526, 528

CROSS-ACTIONS

counterclaims

effect, 95(3)

generally, see COUNTERCLAIMS

delay in prosecution, 327(6)

CROSS-CLAIMS

admissions, withdrawal, 317

Contributory Negligence Act, claims under, 157(2)

defined, 157(1)

forms, 157(3), Form 11

offers to settle, rules, application, 187

payment into court, rules, application, 187

pleadings, 157(4)

service, time, 157(3)

trials, determination, 157(5)

CROSS-EXAMINATION

affidavits, deponents, 381

discovery of documents, applications, 226(3)

examination for discovery, objections, 251(1)

examination out of court, 360(1)

experts, 278(8)

trials, 339, 351

CUSTODY AND ACCESS

originating notices, 22(l)

service out of jurisdiction, 47(1)(n)

DAMAGES

assessment

default proceedings, bonds, 161(5)

default proceedings, generally, 167(1)(b)

default proceedings, interest, 161(4)

default proceedings, several defendants, 169(2)

personal injuries, juries, 345

solicitors, undertakings to file, non-compliance, 31

time, continuing causes of action, 344

case management conferences, powers, 284(1)(i)

default proceedings, debts and liquidated demands, 161

interim recovery of personal property, 439(3)

interlocutory injunctions, undertakings, 447

mandatory orders, undertakings, 447

pleadings, contents, 118

service out of jurisdiction, grounds, 47(1)(f), (i)

set-offs, 647

stop orders, undertakings, 473(3)

writs of attachment, livestock and

perishables, 546(2)(b)

DATES, see also TIME

documents, court, contents, 732(1)(e)

exhibits, 734(1)

judgments and orders

compliance, 410

entry, 416(1)

pronouncement, taking effect, 400(2), 407

originating documents, issuance, 10(1)(a), 11(2)

pleadings

amended, 137

signed, 15(e)

statements of claim, currency and renewal, 13

surveillance, reports or films, disclosure, 254

taxation, appeals, 693(3)

trials

adjournment after date set, 324

case management conferences, 284(1)(l)

publication, 324

solicitors, changes after date set, 700

writs of execution, 492

DEATH

actions, devolution and abatement, 74, 75

examination out of court, considerations, 357(2)(b)

judges, 409

payment out of court, beneficiaries, 209

persons interested, representatives, appointment, 70

plaintiffs, 77

solicitors, 698(4), 701

witnesses, examination for discovery, 267(1)(a)

writs of execution, 490

DEBTORS, see ABSCONDING DEBTORS,

JUDGMENT DEBTORS

DEBTS

accounts, 420

default proceedings, 161

garnishment, see GARNISHMENT

interpleader

debt, inclusion in definition of property, 454

generally, see INTERPLEADER

security for debt, adverse claims, 464

personal property, security, recovery, 471

pleadings, 118, 125

DECLARATIONS

contempt, 703(1)

interpleader, 459, 460(b)

judicial review, 592(2)(b), 599(2)

mistrials, 342(2)

originating notices, 22(d),(f)

solicitors, authority to commence proceedings, 14

DEFAMATION ACT

payment into court, offers to settle, disclosure, 186

DEFAULT PROCEEDINGS

affidavits, 163

applications, procedure, 167

bonds for non-performance, 161(5)

counterclaims, 172, 173

defences, striking out, 166

debts and liquidated demands, actions, 161

defendants, several, 168, 169

examination for discovery, parties in default, 245

foreclosure actions, 579

judgments

inadvertence, amendments, terms, 170

service out of jurisdiction, 50(3)(b)

terms, generally, 171, 421

late filing, effect, 159

minors, 164

notice, defendants, entitlement, 158, 161(5), 165

noting in default

directions, 160, Form 10

partnerships, denials, 90

solicitors, undertakings to file, non-compliance, 31

statements of defence, withdrawal, deemed

default, 316

third parties, 149, Form 10

persons incapable of managing their financial

affairs, 164

recovery of goods and land, 162

service, substitutional, 38(4)

solicitors, compensation, 667

third parties, 149-152

DEFENCES, see also STATEMENTS OF DEFENCE

alternative, 113

discontinuance, subsequent proceedings, 310

lack of, counterclaims, 100

mentally incompetent persons, 81

minors, 79

new grounds, 112(3)

partnerships, 89(2), 90

persons incapable of managing their financial

affairs, 80

security for costs, applications, 632(1)

striking out, effect, 166

tender before action, 186, 188

third parties, directions, 153, 154

DEFENCES TO COUNTERCLAIMS see also

PLEADINGS

defined, 1

delivery, 94(3)

denials, silence, insufficiency, 122(2)

replies, conjoined, 95(5)

DEFENDANTS, see also PARTIES

interpleader, applications, time, 457

joinder, see JOINDER OF ACTIONS

mentally incompetent persons, 81

minors, 79

notice, non-entitlement, failure to file or defend, 158

persons incapable of managing their financial

affairs, 80

security for costs, see SECURITY FOR COSTS

trials, appearances, effect, 332, 333

DEFINITIONS

Act, 616, 625

action, 1

address for service, 1

administration proceeding, 549

applicant, 454

case management, 281

Central Authority, 50(1)

certificate, 50(1)

claimant, 454

client, 681

conduct money, 1

conference judge, 281

contingency agreements, 657

Convention, 50(1), 625

counterclaim, 1

Court, 1

court expert, 278(1)

cross-claim, 157

defence to counterclaim, 1

defendant, 308, 630(1)

deliver, 1

document, 218(1)

evidence summary, 326(1)

examiner, 234

foreclosure action, 570

health practitioner, 271

internal law, 50(1)

interrogatories, 234

joinder of issue, 1

judge, 1

judgment, 616, 625

judgment creditor, 1, 616

judgment debtor, 1, 616

liquidated demand, 1

mandatory order, 1

order nisi, 570

original court, 616

originating document, 1

originating notice, 1

person, 591

petition, 1

plaintiff, 308, 630(1)

pleading, 1

procedure book, 1

property, 454

Public Trustee, 1

receiver, 1, 448

receiving jurisdiction, 50(1)

reply, 1

reply to defence to counterclaim, 1

solicitor, 1

statement of claim, 1

statement of defence, 1

telecopier, 1

telecopier telephone number, 40(1)

tribunal, 591

DELAY IN PROSECUTION

accounts or inquiries, 428

agreements, notice, 330

applications, 327

orders, terms and directions, 329

prejudice, 327(3)(a), (4), 328

writs of attachment, 545(2)

DELIVERY, see also SERVICE

appearances, 93, 94(3), 147, 148, 159

defences to counterclaims, 94(3)

defined, 1

discontinuance, notice, 311(1)

examination for discovery

interrogatories, answers, 263(2)

transcripts, 262(3)

notices of withdrawal of defence, 316

particulars, requests for further, 119

pleadings

amendments, 130, 138

generally, 94(1)

time, 713(3)

taxation, documents, 683, 691, 725(1)

special cases, summaries, 300

statements of claim, 16(1)

statements of defence, 59(2), 93, 147, 148, 159

statements of material facts, further, 119

time, 713(3)

writs of delivery, 505, Form 44

writs of possession, 504, Form 43

DEMANDS

demands of notice, see APPEARANCES

liquidated, see LIQUIDATED DEMANDS

security for costs, residency, 631

solicitors, authority to commence proceedings, 14

writs of execution, returns, 502

DENIALS, see PLEADINGS; denials

DIRECTIONS

accounts, taking, 429

administrators, 551

affidavits

cross-examination, 381(6)

telecopiers, 379(2)

certificates of pending litigation, setting aside, 478(2)

default, noting in

defendants, 160

third parties, 149

delay in prosecution, applications, 327

discovery of documents in possession of non-

parties, 231

examination for discovery

answers, insufficiency, 251(4)

examiners, powers, 249

examination for foreign courts and tribunals, 610(2)

executors, 551

experts, 278(4)

foreclosure actions, 584

inquiries, 432

interim recovery of personal property, 441(2)

joinder of actions, 57, 58

judicial review

directions to continue, 605

directions to reconsider, 601

payment into court, repayment, 191

payment out of court, 211(5)

procedure books, entries, 349(b)

receivers, 450(1)(d), 452

sales of real estate, 559

solicitors, death or ceasing to act, 701

summary judgments

refusals or partial grants, 179

special urgency, 174(2)

third parties

default, noting in, 149

third party defending, 153, 154

unnecessary delay, prevention, 155

trials, telephones or audio-visuals, 352

trustees, 551

writs of execution, 494

DISABILITY, see PERSONS UNDER DISABILITY

DISBURSEMENTS

actions, 667

agreements, 656

bills of costs, contents, 670

liens, 666

party and party costs, taxation, 680

security, 655

solicitor and client costs, taxation, 686(1)

trials, telephones or audio-visuals, 352(4)

DISCLOSURE

advance payment, 217

contingency agreements, 659

estates and trusts, compromises, 73(2)

mini-trials, advisory opinions, 292(2)

notices of judgments and orders, binding effect, 557(6)

offers to settle, 186

parties, occupation and residence, demands, 14(3)

partnerships, names and addresses, 89

payment into court, 186

DISCONTINUANCE

certificates of pending litigation, 479

contingency agreements, 662(2), 663(4)

counterclaims

admissions, withdrawal, 317

effect, 98

notices of election, delivery, 311(1)

cross-claims

admissions, withdrawal, 317

deemed dismissals, 311(2)

defences, subsequent proceedings, 310

defendant, defined, 308

examination for discovery, 268

persons under disability, 309(2)

plaintiff, defined, 308

statements of defence, withdrawal, 316

third parties

admissions, withdrawal, 317

deemed dismissals, 311(2)

time, 309

withdrawal, 315-317

DISCOVERY, EXAMINATION FOR, see

EXAMINATION FOR DISCOVERY

DISCOVERY, EXECUTIONS, see EXAMINATION

IN AID OF EXECUTION

DISCOVERY OF DOCUMENTS

admissions, relevance or admissibility, 228

books

copies, verification, 227

production, place, 221(3), 225(4)

certificates of readiness, 320

copies, documents of other party, entitlement, 224,

225(5)

delay in prosecution, orders, 329(b)

document, defined, 218(1)

documents in possession of non-parties, 231

documents in power of a party

deeming provision, 218(2)

disclosure, 219

examination for discovery, production, 229

further production, applications, 226

impounding of documents, 232

insurance policies, 222

notices of non-admission of authenticity, 228(3), (4)

notices to inspect, forms, 225(2), (3), Form 14

notices to produce, forms, 225(1), Form 13

orders, non-compliance, contempt, 233

parties, scope, 220

privilege, 219, 226, 229

questions of fact and law, delay, 306

statements as to documents

filing, time, 221(1)

forms, 221(2)(a), Form 12

incomplete or defective, applications to

rectify, 226

information, 221(2)(b)

inspection, place and time, 221(2)(c), (3)

no documents to disclose, 221(4)

service, 221(6)

service, deemed admission of authenticity, 228

signatures, 221(5)

supplementary, 223

summary judgments, terms, 179(1)(c)

trials

documents, disclosed, production, 229

documents, non-disclosed, use, 230

setting down, 320

DISMISSAL

applications, 396

cases not made out, 346

contempt, penalties, 705(1)(d)(iii)

counterclaims, effect, 98

delay in prosecution, 327

examination for discovery, effect, 268

offers to settle, non-compliance, 200, 202

orders, time, 129(1)(b)

plaintiffs, failure to appear, 333

questions of fact and law, disposition, 304(2)

security for costs, 631(2), 635(1)(c)

solicitors, proceedings commenced without

authority, 14, 702

summary judgments, terms, non-compliance, 179(2)

DIVORCE

originating notices, restrictions, 22(l)

DOCUMENTS

amendments, see AMENDMENTS

case management conferences, powers, 284(1)(d),

(2)(f)

construction of

originating notices, 22(f)

representation orders, 71

contempt, non-production, 704(b)

copies, inclusion in definition of costs, 641(d)

discovery, see DISCOVERY OF DOCUMENTS

endorsements, requirements, 10(2)

examination out of court, duty to bring, 357(3)

fiats, endorsements, 424(2)

filing

contents, 732

size and form, 731

special circumstances, 733

irregularities, effect, 6

judgments, signatures, conditions, 414

lost, replacement, 12

originating, see ORIGINATING DOCUMENTS

pleadings, precise words, 108

procedure books, entry, 10(3)

solicitors, delivery to clients, taxation, 683, 691

special cases, 299(1)(b)

statements as to documents, see DISCOVERY OF

DOCUMENTS; statements as to documents

summary judgments, evidence, 181

taxing officers, powers, 668(1)(b)

time, amending, filing, or delivery, 713

trials, failure to prove, 343

witnesses, production, 364

DOMICILE, see RESIDENCY

EMPLOYEES

auditors, examination for discovery, 239

examination in aid of execution, 512(3), 513(2)

garnishment, see GARNISHMENT; wages and salary

ENACTMENTS

affidavits, references, 382(5), 398(5)

construction of

originating notices, service, 47(1)(b)

originating notices, use, 22(f)

representation orders, 71

contempt, grounds, 704(f)

memoranda, references, 390

reciprocal enforcement of judgments,

references, 617(2)

special chambers applications, references, 391

ENFORCEMENT OF JUDGMENTS AND

ORDERS

absconding debtors, see ABSCONDING DEBTORS

class proceedings, restrictions, 484

contempt, 705-707

corporations, wilful disobedience, 507

costs, repayment of excess, 697

delay in prosecution, prejudice, 328(d)

equitable execution, 522

examination, see EXAMINATION IN AID OF

EXECUTION

garnishment, see GARNISHMENT

injunctions, 508

mandatory orders, 508

minors, restrictions, 484

new judgments, 422(6)

non-parties, 482

orders, generally, 481

partnerships, 509-511

payment into court, 483

persons incapable of managing their financial affairs,

restrictions, 484

reciprocal, see RECIPROCAL ENFORCEMENT OF

JUDGMENTS, RECIPROCAL ENFORCEMENT OF

UNITED KINGDOM JUDGMENTS

specific performance, 508

summary judgments, stays, 183

taxation, 692

EQUITABLE EXECUTION

applications, 522(1)

interim orders, 522(3)

orders, 522(2)

ERRORS, see IRREGULARITIES

ESTATES

accounts, 555

administration proceedings, defined, 549

costs, payment by persons interested, 665

debts, claims, leave to appear, 552

joinder of actions, 55, 73

judgments and orders, 64, 65, 554

misconduct, orders, scope, 553

notices of judgments or orders, 557, Form 49

originating notices, 550, 551

payment out of court, circumstances, 209

representation orders, 70, 71

service out of jurisdiction, 47(1)(d)

EVIDENCE

admissions, see ADMISSIONS

affidavits, see AFFIDAVITS

amicus curiae, 92

applications, 382(3)

case management conferences, 284(1)(d)

commission, see EXAMINATION OUT OF COURT

contempt, penalties, 705(1)(d)(iv)

cross-examination, see CROSS-EXAMINATION

delay in prosecution, orders, 329(d)

discovery of documents

claims of privilege, 226(2)

documents not previously produced, 230

documents, failure to prove, 343

evidence summaries, 326

examination for discovery

non-parties, 270(5)

objections, 251(1)(a)

transcripts, 262(2)

trials, use, 266-268

experts, reports, 278(6), 280

facts, failure to prove, 343

foreign, see EXAMINATION FOR FOREIGN

COURTS AND TRIBUNALS

insurance policies, discovery, admissibility, 222, 253

judicial review, 595(1), 598

medical examinations, questions, admissibility, 276(3)

originating notices, oral evidence, 26

other proceedings, reading in, 354

out of court, see EXAMINATION OUT OF COURT

payment, deposit-taking institutions, 356

persons under disability, consent, 85

pleadings

applications to amend or strike out, 129(2)

filed proceedings, admissibility, 355

restrictions, 106

preservation

property, 470(1)(a)

testimony, 362

service out of jurisdiction, applications, 49(1)

subsequent proceedings, 353

summary judgments, applications, 174(1), 175,

176, 181

taxation, appeals, 694

taxing officers, powers, 668(1)(a)

transcripts, admissibility, 724

telephones or audio-visuals, 352

witnesses, see WITNESSES

EVIDENCE ACT

examination for foreign courts and tribunals, 609(1)

experts, reports, compliance, 280

witnesses, proof of fact, 350

EX JURIS SERVICE, see SERVICE OUT OF

JURISDICTION

EX PARTE APPLICATIONS, see APPLICATIONS;

ex parte

EXAMINATION, MEDICAL, see MEDICAL

EXAMINATIONS

EXAMINATION FOR DISCOVERY

adjournment, 237(2), 251(2)

answers

correction, procedure, 260

insufficient, effect, 251(4)

solicitors, 258

undertakings to provide, 261

appointments, 248

assignees and assignors, 242

auditors, 239

bankruptcy, 243

certificates of readiness, 320

consolidation, 318(2)

contempt

non-attendance, 704(b)

oaths, refusal, 704(c)

corporations, 238

defendants, time, 247(2)

delay in prosecution, orders, 329(b)

entitlement, 235

examiners

defined, 234

directions and duties, 249

exhibits, 256

experts, 252

form, oral or written, 236

further, orders, 265

insurance policies, 253

interrogatories

answers, delivery, 263(2)

defined, 234

filing, 264

forms, service, 263(1), Form 16

non-parties, 270(4)

oral examination, rules, application, 263(3)

multiple, 246

non-parties, 270

number, 237(1)

objections

costs, 257(2)

cross-examination, 251(1)(b), (c)

evidence, 251(1)(a)

records, 257(1)

parties

nominal, 244

noted in default, 245

partnerships, 240(1)

persons having knowledge, names and

addresses, 251(3)

persons outside Territories, 250

persons under disability, 241

plaintiffs, time, 247(1)

production, documents disclosed on discovery, 229

questions of fact and law, delay, 306

re-examination, restrictions, 259

scope, generally, 251

sole proprietorships, 240(2)

subsequently acquired information, 260

summary judgment, terms, 179(1)(c)

surveillance reports or films, 254

transcripts, 262, 270(3)

trials, setting down, restrictions, 320

trials, use

impeaching testimony, 266(2)

part only, restrictions, 266(3)

persons under disability, 266(5)

reading in, 266(1)

rebuttal, 266(4)

subsequent actions, 268

witnesses, unavailability, 267

trustees, bankruptcy, 243

videotapes, 269

withholding information, applications for leave, 255

EXAMINATION FOR FOREIGN COURTS AND

TRIBUNALS

applications, 609

consent, evidence taken on, rules, application, 615

examiners, appointment, duties, 610

orders

forms, 611, Form 62

setting aside, time, 614

transcripts

certificates, transmission, 613, Form 63

rules, application, 612

EXAMINATION IN AID OF EXECUTION

appointments, service, 516

contempt, non-attendance or non-compliance, 517

corporations, 513-515, 517(2)

costs, 519

employees, 512(3), 513(2)

enforcement, difficulties in, applications, 518

further examination, time, 512(2)

persons in possession of property, 515

persons taking property, 514

rules, application, 520

scope, 512(1)

EXAMINATION OUT OF COURT

consent, 357(1)

cross-examination, 360(1)

documents, duty to bring, 357(3)

examiners, appointment, 357(1)

objections, 360

orders, considerations, 357(2)

persons outside Territories

persons not willing, 358(2), 359, Forms 21, 22

persons willing, 358(1), Forms 19, 20

rules, application, 357(5)

place and manner, 357(4)

re-examination, 360

transcripts, 357(1), 361(3)

trials, use, 361

EXECUTION

equitable execution, 522

examination in aid of, see EXAMINATION IN AID

OF EXECUTION

garnishment, see GARNISHMENT

interpleader, see INTERPLEADER

replevin, see INTERIM RECOVERY OF PERSONAL

PROPERTY

trusts, see TRUSTS

writs of attachment, see ABSCONDING DEBTORS

writs of execution, see WRITS OF EXECUTION

EXECUTORS

accounts, orders to furnish, 551(a), 555

administration proceedings, parties, 552

directions, 551(c)

joinder of actions

beneficiaries, 63

judgments or orders, 64, 65

personal claims, 55

payment into court, orders, 551(b)

pleadings, denials, 127

sales, approval, powers, 551(d), 556

solicitors acting as, compensation, 664

EXEMPTIONS ACT

garnishment, wages and salary, 525(3), 532

EXHIBITS

accounts, taking of, 430

affidavits, 377, 378

court reporters, powers, 722

examination for discovery, 256

filing, 734(1)

judicial review, 595(1), 598

procedure books, entries, 349(c), 734(2)

reciprocal enforcement of judgments, 620, 628

return, time, 735

EXPENSES, see also CONDUCT MONEY, COSTS

case management conferences, non-compliance, 288(b)

committees, applications to appoint, 567

contempt, penalties, 705(2)

examination out of court, 359(2)

experts, 278(9)

interim recovery of personal property, 439(3)

interpleader, notices to admit, 463(5)

judgments, enforcement, acts required, 508

medical examinations, 275

writs of execution, 500

EXPERTS

case management conferences, 284(2)(d)

charges, inclusion in definition of costs, 641(b)

court experts, 278, 284(1)(k)

evidence summaries, rules, application, 326(7)

examination for discovery

disclosure, requirements, 252(1)

undertakings not to call, 252(2)

reports, Evidence Act, compliance, 280

statements, service, 279

FACSIMILE TRANSMISSION, see TELECOPIERS

FACTS, see also ADMISSIONS, QUESTIONS OF

FACT AND LAW

applications, evidence, 382(3)

garnishment, applications for leave, 523(2)(d)

joinder of issue, admissions and denials, 102

pleadings

inconsistencies, 112

scope, 109, 111

statements of material facts, 106

special cases, 299(1)(a)

trials

affidavits, 351

failure to prove, 343

witnesses, proof, 350

FEES

agents, 641(c)

Clerk, 641(e), 680(1)

conduct money, see CONDUCT MONEY

costs, inclusion in definition, 641

court officers, 725, 726

court reporters, 641(e), 680(1)

disbursements, proof, 680

experts, 278(9), 641(b)

interpleader, notices to admit, 463(5)

interpreters, 641(e), 680(1)

Sheriff, 641(e), 680(1), 725

solicitors, see SOLICITORS; compensation

witnesses, 641(f), 680(2)

writs of execution, 500, 725

FIATS

applications, ex parte, 398(5)

documents, endorsement, 424(2)

issuance, notice, 425

procedure books, entries, 424(1)

FINES

contempt, penalties, 705(1)(c)

FIRMS

corporations, see CORPORATIONS

partnerships, see PARTNERSHIPS

sole proprietorships, see SOLE PROPRIETORSHIPS

FORECLOSURE, see also MORTGAGES

certificates of pending litigation, 480

costs, 590, Schedule A

emergency orders, 578

final orders

affidavits of default, 589(1), Form 54

forms, 589(2), Forms 55-57

foreclosure actions, defined, 570

notice, applications, 576

noting in default, 579(1)

orders nisi

affidavits of default, 579(2), Forms 51, 59

affidavits of value, 579(3), Form 52

defined, 570

discharge or variation, 574(3)

forms, 579(4), Forms 53, 60

service, 580

signing, 582

rules, application, 571, 572

sales

advertisements, 583

directions, 584

publication, notices, 585

reports, 586

tender, 587

vesting orders, 588

service

judgment creditors, 46

out of jurisdiction, 47(1)(k)

subsequent encumbrancers, 574(2), 578(2), 580(2)

statements of claim, 573, Forms 50, 58

subsequent encumbrancers, 574, 578(2), 580(2)

subsequent relief, notices of motion, deemed, 577

FORMS

interpretation, generally, 6

Affidavit of Default - Foreclosure, 579(2), Form 51

Affidavit of Default - Specific Performance, 579(2),

Form 59

Affidavit of Value - Foreclosure or Specific

Performance, 579(3), Form 52

Answers to Interrogatories, 263(2), Form 17

Appearance, 93(4), Form 7

Application for Registration of UK Judgment, 626(1),

Form 65

Authority of Next Friend, 82, Form 6

Bond - Interim Recovery of Personal Property, 439(1),

Form 36

Bond to Retain Possession of Property, 443(1),

Form 37

Certificate of Evidence Taken for Foreign Court,

613(2), Form 63

Certificate of Pending Litigation, 476(1), Form 41

Certificate of Readiness, 319(1), Form 18

Cross-claim, 157(3), Form 11

Direction to Clerk, 149, 160, Form 10

Endorsement on Order to Carry on Proceedings, 76(2),

Form 5

Final Affidavit of Default - Foreclosure or Specific

Performance, 589(1), Form 54

Form of Assignment, 443(2), Form 38

Garnishee Summons after Judgment, 524, Form 47

Garnishee Summons before Judgment, 523(1), Form 46

Instructions to Examiner, 358(1), Form 20

Interim Order for the Recovery of Personal Property,

438, Form 35

Interrogatories, 263(1), Form 16

Judgment after Trial by Judge Alone, 407(2), Form 30

Judgment after Trial by Judge with Jury, 407(2),

Form 31

Judgment for Costs after Acceptance of Money Paid

into Court, 407(2), Form 34

Judgment in Court for Amount to be Assessed, 407(2),

Form 32

Judgment in Default of Defence - Liquidated Demand,

407(2), Form 28

Judgment in Default of Defence - Recovery of Land,

407(2), Form 29

Judgment pursuant to an Order, 407(2), Form 33

Letter of Request for Examination of Witness out of

Jurisdiction, 358(2), Form 22

Notice of Appointment, 248(2), Form 15

Notice of Judgment or Order, 557(5), Form 49

Notice of Motion, 382(2), Form 25

Notice of Withdrawal, 392(1), Form 26

Notice to Attend at Hearing, 364(1), Form 23

Notice to Defendant, 16(3), Form 3

Notice to Inspect Documents, 225(2), Form 14

Notice to Produce Documents, 225(1), Form 13

Order Appointing Receiver, 450(2), Forms 39, 40

Order Confirming Sale and Vesting Order, 589(2),

Form 57

Order Determining Agreement for Sale, 589(2),

Form 61

Order for Examination in respect of Foreign

Proceeding, 611, Form 62

Order for Examination of Persons outside the

Jurisdiction, 358(1), Form 19

Order for Foreclosure, 589(2), Form 56

Order for Issue of a Letter of Request to Judicial

Authority of another Jurisdiction, 358(2), Form 21

Order for Sale, 589(2), Form 55

Order granting Leave to Register Foreign Judgment

under the Reciprocal Enforcement of Judgments

Act, 621, Form 64

Order Nisi - Foreclosure, 579(4), Form 53

Order Nisi - Specific Performance, 579(4), Form 60

Order of Chambers Judge, 400(1), Form 27

Order to Produce Prisoner, 366(2), Form 24

Originating Notice, 23(1), 626(2), Form 4

Petition, 8(3), Form 2

Statement as to Documents, 221(2)(a), Form 12

Statement of Claim, 8(1), Form 1

Statement of Claim - Foreclosure, 573, Form 50

Statement of Claim - Specific Performance, 573,

Form 58

Statement of Defence and Counterclaim, 95(6),

Form 8

Third Party Notice, 142(2), Form 9

Warrant for Committal for Contempt, 707, Form 66

Writ of Attachment, 540(1), Form 48

Writ of Delivery, 505(2), Form 44

Writ of Execution, 496, Form 42

Writ of Possession, 504(4), Form 43

Writ of Sequestration, 506(2), Form 45

FRAUD

absconding debtors, see ABSCONDING DEBTORS

garnishment, 528

joinder of actions, estates and trusts, 73(2)

notices of judgments or orders, 557(6)

pleadings, requirements, 111, 115, 117

FRAUDULENT CONVEYANCES

sales, applications, 521

GARNISHMENT

answers, filing, copies, 531, 537(2)

costs, 531(5)

counterclaims, default proceedings, 172, 173

fraud, debts deemed to be due, 528

garnishees

compensation, payment into court, 534

discharge, 536

several offices, duty to notify, 527(2)

judgments, 533

partnerships, 530

payment into court, notice, 531(1)(a), 537(1)

questions, speedy determination, 538

security for costs, deemed plaintiffs, 630(2)

summons

affidavits, 524

contents, 525

forms, 524, Form 47

irregularities, 539

issuance, 526

service, 527

setting aside, 538, 539

summons, pre-judgment

affidavits, 523(2)

forms, 523(1), Form 46

irregularities, 523(3)

orders for judgment, 533(2)

wages and salary, 523(4), (5)

wages and salary

accrual, deemed, 529

affidavits, 524(b)(ii)

exemptions, 525(3), 532

payment into court, statements, 535

pre-judgment, 523

GOODS, see also PERSONAL PROPERTY

recovery, default proceedings, 162

sale, pleadings, specific denials, 125(a)

writs of attachment, perishables, 546

writs of delivery, non-compliance, 505(3)

writs of execution, scope, 487

GUARDIANS

mentally incompetent persons, defences, 81

minors

originating notices, 22(l)

payments, restrictions, 484

service, 32, 33

service out of jurisdiction, 47(1)(n)

persons incapable of managing their financial affairs

actions and defences, 80

payments, restrictions, 484

persons under disability

continuance orders, variation, 76(4)

evidence and procedure, consent, 85

removal or substitution, 87

solicitors acting as, compensation, 664

GUARDIANS AD LITEM

appointment, 83

duties, 84

mentally incompetent persons, defences, 81

minors

defences, appointment, 79

service, 32

persons incapable of managing their financial affairs,

defences, 80

persons under disability

continuance orders, variation, 76(4)

examination for discovery, 241

removal or substitution, 87

solicitors acting as, costs, 645

HABEAS CORPUS, see JUDICIAL REVIEW

HEALTH PRACTITIONERS

court experts, inclusion in provision, 278(2)

medical examinations, see MEDICAL

EXAMINATIONS

ILLITERATE PERSONS

affidavits, swearing, 371

IMPRISONMENT

contempt, penalties, 705, 707

INDEMNITY

cross-claims, 157

delay in prosecution, prejudice, 328(e)

fourth, fifth parties, 145

offers to settle, several defendants, 203, 204

third parties, see THIRD PARTY NOTICES, THIRD

PARTY PROCEEDINGS

INFANTS, see MINORS

INJUNCTIONS

interlocutory

applications, 445

equitable execution, 522(3)

orders, time, extension, 446

undertakings, damages, 447

judicial review, relief, scope, 592(2)(b), 599(2)

non-compliance, directions, other persons to act, 508

service out of jurisdiction, 47(1)(i)

INQUIRIES

adjournment, 433(1)

administration proceedings, accounts, 555

delay in prosecution, 428

judgments or orders, unascertained persons, 420

minors, disposition of property, consent, 563(4)

partners, writs of execution, 510(6)

place, 433(1)

procedure, 433(2)

referees, appointment and directions, 432

reports, 434

time, 427

INSPECTION

appeals, 338

contingency agreements, 659

documents, discovery, see DISCOVERY OF

DOCUMENTS

judges, 338

juries, 337

preservation of property, 470(1)(b)

INSURANCE POLICIES

discovery of documents, 222(1)

evidence, admissibility, 222(2), 253(2)

examination for discovery, 253(1)

INTEREST

default proceedings, debts or liquidated demands, 161

delay in prosecution, prejudice, 328(f)

offers to settle, pre-judgment interest, 205, 206

payment into court

entitlement, 211(6)

persons incapable of managing their financial

affairs, 208

pre-judgment interest, 205, 206

writs of execution, 494, 500

INTERIM RECOVERY OF PERSONAL

PROPERTY

applications

affidavits, 437(2)

service, 437(3)

time, 437(1)

availability, 435

directions, non-compliance, 441(2)

orders

forms, 438, Form 35

service, 441(1)

variation, 444

property previously seized, 436

reports, 442

security

defendants, 443, Forms 37, 38

plaintiffs, 439, Form 36

releases, 440

stays, 444

INTERLOCUTORY INJUNCTIONS

applications, 445

equitable execution, 522(3)

orders, time, extension, 446

undertakings, damages, 447

INTERLOCUTORY APPLICATIONS, see

APPLICATIONS (INTERLOCUTORY)

INTERPLEADER

applicants, defined, 454

applications

affidavits, 456(3)

notices of motion, no proceedings

commenced, 456(1)

notices of motion, proceedings

commenced, 456(2)

applications by defendants, time, 457

applications by Sheriff

availability, 461(1)

bonds and other security, 461(2)

executions, different courts, 462(2)

executions, several, 462(1)

orders, scope, 465

availability, 455

claimants

defined, 454

non-compliance or failure to appear, 459

claims, property taken by the Sheriff

bills of sale, security for debt, 464

notices of claim, 463(1)

notices of receipt, 463(3)

notices to admit or dispute, 463(4), (5)

restraining orders, 463(6)

service, addresses, 463(2)

orders, scope, 458, 460

property, defined, 454

security for costs, deemed plaintiffs, 630(2)

Sheriff, costs, 466, 467

stays, 457

INTERPRETERS

affidavits, swearing, 372

examination out of court, place, 357(4)(g)

fees

inclusion in definition of costs, 641(e)

taxation, proof of disbursements, 680(1)

INTERROGATORIES

examination for discovery

answers, delivery, 263(2)

defined, 234

filing, 264

forms, service, 263(1), Form 16

non-parties, 270(4)

oral examination, rules, application, 263(3)

examination out of court, 359(1)(b)

INTERVENERS

appointment and powers, 92

INTESTACY

accounts, 555

payment out of court, 209

questions, entitlement, originating notices, 550(c)

INVESTMENTS

payment into court, administration of funds, 212

IRREGULARITIES

affidavits, 368(4), 374

applications, failure to appear by mistake, 397

commencement of proceedings, correction, 710

contingency agreements, 660

defects of form, 711

facts or documents, failure to prove, 343

forms, 6

garnishment, 523(3), 539

judgments or orders, 426

judicial review, sole ground for relief, 602

pleadings, 133, 134, 711

rules, non-compliance, 708

setting aside, applications

fresh steps, effect, 709(2)

notices of motion, contents, 385

service, 44

time, 709(1)

JOINDER OF ACTIONS

administrators, 55, 63-65

compromises, estates or trusts, 73

contracts, parties, 68, 69

counterclaims, 58(5), 95(1), 96

defendants, 58, 59, 66, 67

executors, 55, 63-65

misjoinder and non-joinder, 58

multiple causes of action, 52

multiple claims, 56

negotiable instruments, 68

next friends, addition or substitution, 58(4)

parties, 58, 76

plaintiffs, 58

property, matters concerning, 72

spouses, 54

sureties, 69

trials, separate, 57, 66(2)

trustees, 63-65

trustees in bankruptcy, 53

JOINDER OF ISSUE

admissions and denials, 102

defined, 1

filing subsequent to reply, 103

implied, 104

pleadings deemed closed, 105

scope, 101

JUDGES

advance payment, disclosure, 217

chambers, see CHAMBERS

chambers, applications, see APPLICATIONS;

chambers

conference judges, see CASE MANAGEMENT

CONFERENCES

Court, inclusion in definition of, 1

death, ceasing to be judges, 409

defined, 1

illness, non-attendance, 730

names, judgments and orders, 407(1)

offers to settle, disclosure, 186

orders, variation, 399

payment into court, disclosure, 186

property, inspection, powers, 338

rules, provisions not included in, 4

transcripts, correction, 723

trials

generally, see TRIALS

mode, 331

JUDGMENT CREDITORS

defined, 1

foreclosure, service, 46

fraudulent conveyances, applications, 521

new judgments, proceedings, 422

reciprocal enforcement of judgments

defined, 616

registration, notice, 622, 629

writs of execution, issuance, entitlement, 485

JUDGMENT DEBTORS

defined, 1

examination, see EXAMINATION IN AID OF

EXECUTION

fraudulent conveyances, 521

new judgments, proceedings, 422

reciprocal enforcement of judgments

applications, notice, 618

defined, 616

registration, notice, 622, 629

residences, 620(d)

JUDGMENTS

absconding debtors, 545(2), 548

accounts, debts, 420

adjournment, applications for judgment, 340(2)

administration proceedings, 554, 557

advance payment, 216, 217

applications, judgments to be obtained by, 340(2), 402

compliance, time, 410

conditions, non-compliance, 418

contempt, penalties, 705(1)(d)(iii)

consent

persons under disability, 88(3)

procedure, generally, 404

third parties, deemed admissions, 147(4)

copies, force and effect, 416(3)

costs, payment into court, 190(3)

counterclaims, 95(3), 99

Court, powers to order, 129(1)(b)

default, see DEFAULT PROCEEDINGS; judgments

defendants, joined, 66(3)

directions, further, 419

discontinuance, costs, 313

drafting, paragraphs, 406

enforcement, see ENFORCEMENT OF JUDGMENTS

AND ORDERS

entry

delay, 417

filing, 416

new judgments, 422(5)

estates, 64, 65, 557

facts or documents, failure of proof, 343

forms, 407, Forms 28-34

garnishees, judgments against, 533, 536

inquiries, unascertained persons, 420

irregularities, correction, 426

issues or questions, separate determination, 405

jury trials, 403

memoranda of satisfaction, 423

minutes, 411

new judgments, 422

offers to settle

non-compliance, remedies, 200, 202

terms, incorporation into judgments, 197(7)

partial, jury trials, 348(2)

parties

actions defective for want of, 60

death, effect, 75

failure to attend, effect, 363(2)

procedure books, entries, 349(b)

questions of fact and law, disposition, 304(2), 405

reasons, notice, 425

reciprocal enforcement

generally, see RECIPROCAL ENFORCEMENT

OF JUDGMENTS

United Kingdom, see RECIPROCAL

ENFORCEMENT OF UNITED KINGDOM

JUDGMENTS

representation orders, binding effect, 71(2)

reservation of liberty to apply, 408

service out of jurisdiction, 47(1)(m), 48

settling, 411

signatures, 412-415

solicitors, undertakings to file, non-compliance, 31

special cases, 301(2)

summary, see SUMMARY JUDGMENTS

taxation, judgments of Court on, 692(1)

third party proceedings, 147(4), 151, 152

time, taking of effect, 407

trusts, 64, 65, 557

JUDICATURE ACT

receivers, appointment, 449

JUDICIAL REVIEW

applications, proceedings to be known as, 592(1)

certiorari, 592(2), 598(2), 599(2)

continuing under other procedures, 605

costs, 606

decisions or acts, setting aside, 600

declarations, 592(2), 599(2), 600

directions to reconsider, 601

grounds, establishment, 599(1)

habeas corpus, 592(2)

injunctions, 592(2), 599(2)

irregularities, sole ground for relief, 602

mandamus, 592(2), 599(2)

originating notices

contents, 594

endorsement, 595

filing, time, 596

service, 597

parties, 603

prohibition, 592(2), 599(2)

quo warranto, 592(2), 599(2)

records and returns, 595, 598

rules, application, 593

scope, 592(2)

stays, 604

tribunals

defined, 591

directions to reconsider, 601

returns, 598

service, 597(1)(a)

JURIES

addresses to, 335

advance payment, disclosure, 217

answers, insufficient, retrials, 348

decisions, holidays, validity, 714

disagreements, retrials, 347

judgments, 403

offers to settle, disclosure, 186

payment into court, disclosure, 186

personal injuries, assessment of damages, 345

property, inspection, 337

removal, 342

sittings, adjournment, failure of proof, 343

trials, mode, 331

JURY ACT

removal of juries, 342

trials under, 331

LAND, see also PROPERTY

certificates of pending litigation, 476-480

committees, statements, 565(2)(f)

conveyances, death, effect, 74

delivery of possession, see WRITS OF POSSESSION

equitable execution, 522

minors, see MINORS

originating notices

declarations of interests and charges, 22(d)

partition, 22(j)

recovery of possession, 22(a)

service out of jurisdiction, 47(1)(a), (b)

titles, 22(d)

recovery, default proceedings, 162

sales, orders

approval, 561

delivery, possession and receipts, 558

directions, 559

proceedings out of court, 560

writs of execution, scope, 487, 488

LEGAL AID PLANS

assistance, costs, 646

LIENS

certificates of pending litigation, 480

interpleader, orders, 460(c), 467(2)

solicitors

applications, 666

delivery of documents, 691

set-offs, effect, 647, 679

LIMITATIONS

new judgments, 422(1)

pleadings, specific, 111

statements of claim, renewal, 13(3)

LIQUIDATED DEMANDS

default proceedings, 161

defined, 1

garnishment, see GARNISHMENT

pleadings, specific denials, 125(a)

LIVESTOCK

writs of attachment, 546

MALICE

pleadings, 115

MANAGERS, see RECEIVERS

MANDAMUS, see JUDICIAL REVIEW,

MANDATORY ORDERS

MANDATORY ORDERS

applications, 445

defined, 1

directions, other persons to act, 508

time, extension, 446

undertakings, damages, 447

MATRIMONIAL CAUSES

originating notices, 22(l), 47(1)(n)

MECHANICS LIEN ACT

certificates of pending litigation, 480

MEDICAL EXAMINATIONS

expenses, 275

further examinations, terms, 274

health practitioners

defined, 271

nomination by parties, 276(2)

orders, naming in, 273

medical documents, copies, 276(1)

orders, 272, 273

questions, scope, 276(3)

reports, disclosure, 277

MENTAL HEALTH ACT

committees, appointment under, accounting, 568

MENTALLY INCOMPETENT PERSONS, see also

PERSONS UNDER DISABILITY

actions, commencement, 81

committees

appointment, grounds, 565(1)(a)

generally, see COMMITTEES

defences, 81

MINERS LIEN ACT

certificates of pending litigation, 480

MINI-TRIALS

directions, 284(2)(c)

procedure, 292

MINORS, see also PERSONS UNDER DISABILITY

actions, commencement, 78

age of majority, attainment, 86

default proceedings, judgments, 164

defences, 79

guardians ad litem

appointment and duties, 79, 83, 84

costs, solicitors acting as, 645

originating notices, 22(l)

payments, restrictions, 484

property, disposition

affidavits, 562(2)

consent, 563

originating notices, 562(1)

witnesses, 564

service, 32, 33, 37(2)

service out of jurisdiction, 47(1)(n)

MISREPRESENTATION

pleadings, 117

MISSING PERSONS

service, 38

MISTAKE, see IRREGULARITIES

MONEY

conduct money, see CONDUCT MONEY

garnishment, see GARNISHMENT

interpleader, inclusion in definition of property, 454

payment into court, see PAYMENT INTO COURT

pleadings, specific denials, 125(a)

writs of execution, recovery, 488, 494-496, Form 42

MORTGAGES, see also FORECLOSURE

costs, payment by persons interested, 665

judgment creditors, service, 46

minors, 562-564

mortgagees, solicitors acting as, compensation, 664

orders

directions, 559

proceedings out of court, 560

originating notices, service out of jurisdiction,

47(1)(k), (l)

MOTIONS, see APPLICATIONS, NOTICES OF

MOTION

MUNICIPAL CORPORATIONS

service, personal, 30(3)(b)

NEGLIGENCE

contingency agreements, validity, 662(1)

contributory negligence, cross-claims, 157(2)

NEGOTIABLE INSTRUMENTS

joinder of actions, parties, 68

payment out of court, 211(3), (4)

pleadings, specific denials, 125(b)

NEXT FRIENDS

joinder, consent, 58(4)

minors

actions, commencement, 78

payments, restrictions, 484

persons incapable of managing their financial affairs

actions, commencement, 80

payments, restrictions, 484

persons under disability

consent to procedures, 85

removal or substitution, 87

written authority, 82, Form 6

NEXT OF KIN

inquiries, time, 420

judgments or orders against, estates and trusts, 65

NOTICE

accounts, taking, 420, 431

administration proceedings, 557, Form 49

admissions, calls to admit, 294

applications

notices of motion, see NOTICES OF MOTION

withdrawal, 392, Form 26

contempt

non-compliance, 704(b)

waiver, 705(4)

contingency agreements, review, 661(2)

cross-claims, notices of, 157(3), Form 11

default proceedings, entitlement, 158, 161(5), 165

defendants, notices to, 16(3), Form 3

delay in prosecution, agreements, 330(2)

discontinuance

notices of discontinuance, 309, 319(4)(a)

notices of election, counterclaims, 311(1)

notices of intention to tax, 312(2)

discovery of documents

documents in possession of non-parties, 231(2)

notices of non-admission of authenticity, 228(3)

notices to inspect, 225(2), Form 14

notices to produce, 225(1), Form 13

solicitors, clients, requirements, 233(2)

statements, endorsements, 221(2)(c), Form 12

evidence, other proceedings, reading in, 354(b)

examination for discovery

appointments, 248(2), Form 15

exhibits, production at trial, 256(1)

exhibits, return or disposal, 735

fiats, issuance, 425

foreclosure actions, 574, 583, 585

fourth, fifth parties, entitlement, 145

garnishment

answers, 537(2)

garnishees, offices, service, 527(2)

garnishees, orders for judgment, 533

payment into court, 537(1)

wages and salary, exemptions, 525(3)

inquiries

reports, 434(2)

unascertained persons, 420

interpleader

notices of claim, 463(1)

notices of receipt, 463(3)

notices to admit or dispute, 463(4)

judgments

entry, signatures, 413, 417

memoranda of satisfaction, orders, 423

reasons, 425

minors, service, 33(1)

offers to settle

acceptance, 197(1)(4)

deeming provisions, 185

withdrawal, 196

orders, entry, 417

particulars, requests for further, 119

parties, notices to carry on proceedings, 76(2), Form 5

partnerships, names and addresses, 89

payment into court

contents, 210(1)

deeming provisions, 185

plaintiffs, acceptance, 190(1),(3)

tender before action, 188

Trustee Act, 207

pleadings, allegations, 116

property, interim orders, 468

reciprocal enforcement of judgments, 622, 629

security for costs, compliance, 637

solicitors, changes of representation, 698, 699, 701

special chambers applications, adjournment, 393(2)

specific performance, 575

statements of defence, notices of withdrawal, 316

statements of material facts, requests for further, 119

stop orders, 473, 475

taxation, notices of appeal, 693

taxing officers, powers, 668(1)(c), 682(2)

witnesses, notices to attend, 363-365, Form 23

writs of attachment, livestock and perishables, 546

NOTICES OF MOTION

affidavits, 382(4)

certificates of pending litigation, setting aside, 478

default judgments, 165(b), 167(3)(b), 169(1)(b)

examination for foreign courts and tribunals, 614

exhibits, return, 735

foreclosure actions, 576, 577, 578(3)

forms, 382(2), Form 25

generally, 382

interim recovery of personal property, 437(3)

interlocutory injunctions, extension, 446(2)(a)

interpleader, 456

irregularities, statements, 385

judgments, 405

mandatory orders, extension, 446(2)(a)

omissions, 396, 397

parties, changes, continuances, 76

partners, writs of execution, 510(3)

personal property, recovery, 471(2)

persons under disability, agreements, 88

reciprocal enforcement of judgments, 618, 623

security for costs, 632

service, time, 383, 384

solicitors, removal, 700

special chambers applications, 387

stop orders, payment, 475

summary judgments, special urgency, 174(2)

taxation, solicitor and client costs, 682(1)

third parties, default proceedings, 151(3)

trials, entry, 319(3)

trials, postponement, 405

NUISANCE

service out of jurisdiction, 47(1)(i)

OATHS

affidavits, 368

contempt, refusal to swear or affirm, 704(c)

court reporters, powers, 722

discovery of documents, 226(3)

examination for discovery, interrogatories, 263(2)

examination in aid of execution, 512(1), 513(1),

514(1), 515

examination out of court, 357

partnerships, statements of names and addresses, 89(4)

taxing officers, powers, 668(1)(a)

writs of attachment, livestock or perishables, 546(1)

OFFERS TO SETTLE

acceptance, time, 197

appeals, 187

costs consequences

acceptance, 197(6)

Court, discretion of, 206

defendants, two or more, 203, 204

generally, 201

offers immediately before trial, 195

offers incorporating terms not in judgments, 202

pre-judgment interest, 205

withdrawal of offer, 196(3)

counterclaims, 187

cross-claims, 187

defendants, two or more, 203, 204

disclosure, restrictions, 186

notice, deemed to be compromise, 185

offers

accepted, non-compliance, 200

form, writing, 194(2)

parties, 193

time, 194(1)

persons under disability, approval, 199

stays, 198

third party claims, 187

withdrawal, 196

ONUS OF PROOF

facts, pleadings, 109

trials, addresses, 336

ORDERS

accounts, debts, 420

administration proceedings

necessity, 554

notices of judgments or orders, 557

applications

effective date, 400(2)

ex parte, 398

forms, 400(1), Form 27

particulars, requirements, 382(5)

variation, 397, 399

case management conferences

non-compliance, 288

reciting action, 286

compliance, time, 410

conditions, non-compliance, 418

consent

applications, ex parte, 398(5)

procedure, generally, 404

consolidation of proceedings, 318

contempt, non-compliance, 704(a)

dates, 400(2), 407

discovery of documents, non-compliance, 233

effect, taking of, 400(2), 407

enforcement, see ENFORCEMENT OF JUDGMENTS

AND ORDERS

entry

copies, 416(2)

delay, 417

filing, 416(1)

force and effect, 416(3)

officers of the Court, directions, 416(4)

telecopiers, affidavits filed by, 379(2)

examination in aid of execution, copies, 516

foreclosure actions

final orders, 589, Forms 54, 56, 57, 61

orders nisi, 579, Forms 53, 60

vesting orders, 588

irregularities, effect, correction, 6, 426

mandatory, see MANDATORY ORDERS

minutes, 411

paragraphs, 406

reciprocal enforcement of judgments, 621, Form 64

representation orders, 70, 71

reservation of liberty to apply, 408

settling, 411

signatures, 412, 413

stop orders, 473-475

time, enlargement or abridgment, 713

ORDERS IN COUNCIL

construction, originating notices, 22(f)

ORIGINATING DOCUMENTS, see also

ORIGINATING NOTICES, PETITIONS,

STATEMENTS OF CLAIM

certificates of pending litigation, service, 477

contents, 18

defined, 1

issuance

endorsements, 10(1)

filing, 9

outside Yellowknife, telecopiers, 11

service, see SERVICE

service out of jurisdiction, see SERVICE OUT OF

JURISDICTION

solicitors, authority to commence proceedings, 14, 702

ORIGINATING NOTICES, see also ORIGINATING

DOCUMENTS, PLEADINGS

actions, commencement, 8(2)

contents, 23

defined, 1

directions, 25

evidence, oral, 26

forms, 23(1), Form 4

irregularities, effect, 710

originating summons, to be taken as, 21

service, 24

summary disposition, 27

use, proceedings

administrators, orders and directions, 551

applications, no procedure established, 22(k)

committees, appointment, 565

declarations, rights, 22(f)

documents, construction, 22(f)

enactments, construction, 22(f)

estates, directions, 551(e)

estates, questions, 550

executors, orders and directions, 551

facts, no substantial dispute, 22(f), (o)

intestacy, entitlement under, 550(c)

judicial review, 593-597

land, interests, charges and titles, 22(d)

land, partition, 22(j)

land, recovery of possession, 22(a)

matrimonial causes, 22(l)

minors, disposition of property, 562(1)

persons, none, unknown or unascertained,

22(m), (n)

property, future interests, 362

provisions, specific, 22(e)

reciprocal enforcement of UK judgments, 626(2)

stop orders, 473(2)

Trustee Act, directions under, 22(g)

trustees, appointment and vesting, 22(b), (c)

trustees, compensation, 22(h)

trustees, orders and directions, 551

trusts, directions, 551(e)

trusts, questions, 550

trusts, variation, 22(i)

wills, entitlement, 550(c)

ORIGINATING SUMMONS

originating notice, to be taken as, 21

PARTICULARS, see PLEADINGS; particulars

PARTIES, see also DEFENDANTS, PLAINTIFFS

actions defective for want of, 60

administration proceedings, 552(1)

continuances, orders, 76

death, effect, 74, 75

disability, parties under, see PERSONS UNDER

DISABILITY

discovery of documents, 220

estates as, 70

examination for discovery, scope, 235

foreclosure, subsequent encumbrancers, 574(1)

fourth, fifth parties, 145

joinder of actions, see JOINDER OF ACTIONS

judicial review, 603

occupation and residence, disclosure, 14

representation in Court, 7

representative parties, see also ADMINISTRATORS,

COMMITTEES, EXECUTORS, GUARDIANS,

GUARDIANS AD LITEM, NEXT FRIENDS,

SOLICITORS, TRUSTEES

administrators ad litem, 70

advance payment, releases, 214, 215

pleadings, denials, 127

pleadings, names, inclusion, 15(b)

security for costs, 633(1)(d)

statements of claim, capacities, inclusion, 63(2)

specific performance, subsequent

encumbrancers, 575(1)

third parties, see THIRD PARTY PROCEEDINGS

writs of execution, change in parties, 490

PARTITION

orders

directions, 559

proceedings out of court, 560

originating notices, 22(j)

PARTNERSHIPS

capacity to sue and be sued, 89(1)

defences, 89(2)

denials by person served as a partner, 90

examination for discovery, 240(1)

garnishment, 530

names of partners, disclosure, 89(3), (7)

pleadings, denials, 127

service, personal, 30(4), (5)

writs of execution

partners, 510

partnership property, 509

restrictions, 511

PAYMENT, ADVANCE, see ADVANCE

PAYMENT

PAYMENT INTO COURT

administration of funds

day of credit, 210(3)

interest, 211(6)

investments, authorization, 212

payment in, 210(1)

payment out, 210(4), 211(3)-(5)

administrators, 551(b)

appeals, rules, application, 187

costs consequences, 192, 205, 206

counterclaims, rules, application, 187

cross-claims, rules, application, 187

defendants

payment, 189

repayment, 191

disclosure, restrictions, 186

estates, administrators ad litem, 70(3)

executors, 551(b)

garnishment

applications for leave, undertakings, 523(2)(e)

discharge, 536

garnishees, compensation, 534

notice, 537(1)

responses, 531

wages and salary, 532, 535

interim recovery of personal property, security, 439(4)

interpleader, orders, 460(a), 464(b)

judgments, enforcement

generally, 483

minors and persons incapable of managing their

financial affairs, 484

notice, deemed to be compromise, 185

offers to settle, terms, 197(4), (5)

persons incapable of managing their financial affairs,

money recovered on behalf of, 208, 484

plaintiffs, acceptance, 190

pre-judgment interest, 205

preservation of property, orders, 469(b), 471, 472

sales of real estate, 560(a)

security for costs, payment out, 640

stop orders, 473-475

summary judgments, terms, 179(1)(a)

tender, defence of, 186, 188

third party claims, rules, application, 187

trust accounts

closing, 213

opening, 210(2)

persons responsible, 211(1)

records, 211(2)

Trustee Act, payment under, 207

trustees, 551(b)

writs of attachment, property, return, 545(1)

writs of execution, endorsement, 495

PEACE OFFICERS

witnesses, apprehension, 365

PERFORMANCE BONDS, see BONDS

PERSONAL PROPERTY, see also GOODS,

PROPERTY

committees, statements, 565(2)(f)

interim preservation, see PRESERVATION OF

PROPERTY

interpleader, see INTERPLEADER

replevin, see INTERIM RECOVERY OF PERSONAL

PROPERTY

writs of delivery, recovery of specific property, 505

PERSONAL REPRESENTATIVES, see

REPRESENTATIVES

PERSONS INCAPABLE OF MANAGING THEIR FINANCIAL AFFAIRS see also PERSONS

UNDER DISABILITY

actions, commencement, 80

committees

appointment, grounds, 565(1)(b)

generally, see COMMITTEES

default proceedings, judgments, 164

defences, 80

guardians ad litem

appointment and duties, 83, 84

costs, solicitors acting as, 645

payments, restrictions, 208, 484

service, 34, 37(2)

PERSONS UNDER DISABILITY, see also

MENTALLY INCOMPETENT PERSONS,

MINORS, PERSONS INCAPABLE OF

MANAGING THEIR FINANCIAL AFFAIRS

agreements and compromises, 88

committees, see COMMITTEES

continuance, orders

disabilities ceasing, 86

variation, 76(4)

discontinuance, restrictions, 309

evidence and procedures, consent, 85

examination for discovery, 241, 266(5)

judgments, consent, restrictions, 88

offers to settle, approval, 199

representatives, removal or substitution, 87

settlements, restrictions, 88

solicitors, representation, 7, 700

PETITIONS, see also ORIGINATING

DOCUMENTS, PLEADINGS

actions, commencement, 8(3), Form 2

defined, 1

discontinuance, see DISCONTINUANCE

irregularities, effect, 710

service, 8(4)

PLAINTIFFS, see also PARTIES

joinder, see JOINDER OF ACTIONS

mentally incompetent persons, 81

minors, 78

persons incapable of managing their financial

affairs, 80

security for costs, see SECURITY FOR COSTS

trials, appearances, 332, 333

PLEADINGS, see also COUNTERCLAIMS,

DEFENCES TO COUNTERCLAIMS,

ORIGINATING NOTICES, PETITIONS, REPLIES,

STATEMENTS OF CLAIM, STATEMENTS OF

DEFENCE, THIRD PARTY NOTICES

admissions, see also ADMISSIONS

costs consequences, 128

defences, 112(3)

form, 293

silence, 120

alternative pleadings, 113

amendments, see AMENDMENTS

certificates of pending litigation, 476(2)

close of, 105

conditions precedent, implied performance, 110

conversations, precise words, 108

costs, 112(3), 121, 128

cross-claims, 157(4)

defined, 1

delivery, see DELIVERY

denials

bills of exchange, promissory notes, cheques, 125

calls to admit, 294(2),(3)

contracts, promises, agreements, 124

costs, inappropriate denials, 128

debts, sale of goods, money, 125

different versions, 122

facts, 102, 109

incorporation, 123

joinder of issue, 102

partnerships, constitution, 127

points of substance, 126

representative parties, claims, 127

documents

precise words, 108

referred to, discovery, entitlement, 225(1)

evidence, restrictions, 106

facts

inconsistencies, 112(2)

scope, 109, 111

statements, 106, 119

formal requirements, 15

fraud, 111, 115, 117

incorporation, proof, 123

irregularities, effect, 6, 711

issuance and filing, solicitors, 17

joinder of issue, see JOINDER OF ISSUE

mental conditions, 115

new judgments, 422(7)

new matters, 112

notice, allegations of, 116

numbers, 107(2)

offers to settle, disclosure, 186

paragraphs, 107(1)

particulars

debts, expenses or damages, 118

further, requests for, 119

misrepresentation, fraud, etc., 117

records, particulars to be included, 322

payment into court, disclosure, 186

points of law, disposition, 114, 303(1)

reciprocal enforcement of judgments, 619, 627

relief, general or other, 121

replies, filing subsequent to, 103

service, see SERVICE

silence, effect, 120, 122, 124

specific pleading, matters requiring, 111

statements of material facts, 106, 119

striking out

contempt, penalties, 705(1)(d)(i)

generally, 129

time, delivery, amendments, filing, 713(3)

trials, evidence, admissibility, 355

POINTS OF LAW, see QUESTIONS OF FACT

AND LAW

PRESERVATION OF PROPERTY

disputes respecting title, 469

equitable execution, interim orders, 522(3)

notice, interim orders for custody of preservation, 468

parties to proceedings, applications, 470

personal property, title not in dispute, 471

specific funds, orders, 472

PRESUMPTIONS

pleadings, requirements, 109

PRE-TRIAL CONFERENCES, see CASE

MANAGEMENT CONFERENCES

PRISONERS

production for examination, 366, Form 24

PRIVILEGE

calls to admit, responses, 294(2)(d)

discovery of documents

documents in the possession of non-parties, 231

generally, 219

production, 229

validity of claim, determination, 226

examination for discovery, surveillance reports, 254

PROCEDURE BOOKS

defined, 1

directions, 349(b)

documents filed in proceedings, 10(3)

exhibits, 349(c), 734(2)

fiats, 424(1)

memoranda of satisfaction, 423

notice, filing of reasons for judgment or fiats, 425

originating documents, outside Yellowknife, 11

trials, time, persons present, 349(a)

PROHIBITION, see JUDICIAL REVIEW

PROMISSORY NOTES, see NEGOTIABLE

INSTRUMENTS

PROPERTY, see also GOODS, LAND, PERSONAL

PROPERTY

absconding debtors, seizure and return, 544, 545

committees, statements, 565(2)(f)

corporations

examination, see EXAMINATION IN AID OF

EXECUTION writs of sequestration, 507

equitable execution, 522

estates, see ESTATES

fraudulent conveyances, 521

future interests, protection, originating notices, 362

inspection, 337, 338

interim preservation, see PRESERVATION OF

PROPERTY

interpleader, see INTERPLEADER

joinder of actions, 61, 72

judgment debtors

examination, see EXAMINATION IN AID OF

EXECUTION

execution, see WRITS OF EXECUTION

minors, see MINORS

partnerships, writs of execution, 509-511

protection, actions, 61

replevin, see INTERIM RECOVERY OF PERSONAL

PROPERTY

trusts, see TRUSTS

writs of delivery, recovery of specific property, 505

writs of sequestration, 506, 507

PUBLIC TRUSTEE

committees, applications to appoint, service, 566(b)

defined, 1

minors, service, 32

missing persons, service, 38

persons under disability

examination for discovery, 241(2)

notice, 88

PUBLIC TRUSTEE ACT

committees, appointment under, accounting, 568

mentally incompetent persons under

capacity to sue and to be sued, 81

committees, appointment, 565(1)(a)

QUESTIONS OF FACT AND LAW, see also

FACTS

admissions of law, withdrawal, 296

amendments, pleadings, real questions in issue, 133

case management conferences, powers, 284(1)

consolidation of proceedings, grounds, 318

definition of the facts, 305

discovery or inspection, delay, orders, 306

garnishment, speedy determination, 538

inquiries, 432-434

joinder of actions, common questions, grounds, 66

originating notices, 22, 550

points of law

pleadings, 114

setting down for hearing, 303(1)

trials, disposition at, 303(2)

questions of fact, trial by different modes, 307

questions to be tried

equitable execution, 522

garnishment, 538

interpleader, 458

judgments, 403, 405

orders, 304

writs of execution, 490(b), 510(5)

special cases, see SPECIAL CASES

special chambers applications, authorities, 391(1)

summary judgments

law, only genuine issue, 176(4)

refusals or partial grants, terms, 179(1)

taxation, referral, 673

QUO WARRANTO, see JUDICIAL REVIEW

RECEIVERS

accounts, filing, 451

applications, 449

defined, 1, 448

directions, 452

discharge, 453

equitable execution, interim receivers, 522(3)

orders, 450, Forms 39, 40

RECIPROCAL ENFORCEMENT OF

JUDGMENTS

affidavits, contents, 620

applications

ex parte, 617

notices of motion, 618

definitions, 616

orders, 621, Form 64

pleadings, styles of cause, 619

registration

notices, 622

setting aside, time, 622(b), 623

writs of execution, variation, 624

RECIPROCAL ENFORCEMENT OF UNITED

KINGDOM JUDGMENTS

affidavits, 628

applications, 626

definitions, 625

originating notices, 626(2), Form 65

pleadings, styles of cause, 627

registration, notice, 629

RECOGNIZANCES

witnesses, apprehension, 365

RECORDS

Court, amendments, procedure, 140

delay in prosecution, prejudice, scope, 328(c)

examination for discovery, objections, 257(1)

judicial review, 595, 598

medical, copies, provision, 276(1)

payment into court, trust accounts, 211(2)

procedure books, see PROCEDURE BOOKS

trials

filing, 322

service, 323

writs of execution, returns, 501

REFERENCES

case management conferences, powers, 284(1)(j)

summary judgments, amounts only genuine

issue, 176(3)

taxing officers, 673, 682(2)

REGULATIONS, see ENACTMENTS

REPLEVIN, see INTERIM RECOVERY OF

PERSONAL PROPERTY

REPLIES see also PLEADINGS

defences to counterclaims, conjoined, 95(5)

defined, 1

pleadings, filing after, 103

REPORTS

experts, 278, 280

foreclosure, sales, 586

inquiries, referees, 434

interim recovery of personal property, Sheriff, 442

medical examinations, 277

trials, telephone witnesses, 352(3)

REPRESENTATIVES, see also

ADMINISTRATORS, COMMITTEES,

EXECUTORS, GUARDIANS, GUARDIANS AD

LITEM, NEXT FRIENDS, SOLICITORS,

TRUSTEES

administrators ad litem, 70

advance payment, releases, 214, 215

persons interested, representatives, appointment, 71

pleadings

denials, 127

names, inclusion, 15(b)

representation by a solicitor, 7

security for costs, 633(1)(d)

statements of claim, capacities, inclusion, 63(2)

RESIDENCY

affidavits, deponents, 367(1)

appearances, 19

disclosure, demands, 14(3)

originating notices, service out of

jurisdiction, 47(1)(c), (d)

reciprocal enforcement of judgments, debtors, 620(d)

security for costs, 631, 633(1)(a), 639

statements of claim, 16(1)(d), (e)

statements of defence, 19

styles of cause, 15(b)

RULES

affidavits, references, 382(5), 398(5)

application, generally, 2

coming into force, 738

contempt, 704(f)

examination for foreign courts and tribunals, 612

examination in aid of execution, 520

foreclosure actions, application, 572

judicial review, application, 593

non-compliance, 6, 708

object, 3

provisions not included, effect, 4

repeal, 737

subrules, references, interpretation, 5

time, enlargement or abridgment, 713

transitional provisions, 736

SALARIES, see FEES, GARNISHMENT

SALES

administrators, approval, 551(d), 556

agreements, see SPECIFIC PERFORMANCE;

agreements of sale

equitable execution, orders, 522

estates, parties, notice, 557

executors, approval, 551(d), 556

foreclosure, see FORECLOSURE; sales

fraudulent conveyances, orders, 521

goods, pleadings, specific denials, 125(a)

interpleader, orders, 460(a)

land, see LAND

minors, see MINORS

preservation of property, orders, 469(c)

trustees, approval, 551(d), 556

trusts, parties, notice, 557

writs of attachments, livestock and perishables, 546

SEALS

foreign process, service, 607

judgments, 416(3)

lost documents, replacement, 12

orders, 400(1), 416(3)

originating documents, issuance, 9, 11(3)(a)

statements of claim, renewal, 13(2)

third party notices, filing, 142(4)

SECURITIES

payment into court, administration, 212

stop orders, 473-475

SECURITY

interim recovery of personal property, 439, 440, 443

interpleader, 461(2), 464

preservation of property, orders, 469(b), 471, 472

receivers, 450(1)(b)

solicitors, future fees, 655

writs of attachment

issuance, conditions, 541(b)

livestock and perishables, seizure and sale, 546

property, return, conditions, 545(1)

SECURITY FOR COSTS

affidavits, 632(1)

amounts, variation, 638

applications, notice, time, 632

bonds, 636, 640

defendants, defined, 630(1)

delay in prosecution, orders, 329(i)

demands, residency, 631

notice, compliance, 637

orders

contents, 635

grounds, 633

refusal, 634

setting aside, 639

payment out of court, 640

plaintiffs

defined, 630(1)

other proceedings, deemed plaintiffs, 630(2)

stays, 631(2), 635

summary judgments, refusals or partial

grants, 179(1)(b)

SERVICE, see also DELIVERY

addresses

affidavits, 367(4)

defined, 1

failure to give, effect, 20

foreclosure, 580

interpleader, 463(2)

payment into court, trusts, 207

personal service, effect, 41

pleadings, 15(d)

solicitors, ceasing to act, 699

solicitors, representation, changes, 698(5)

statements of claim, 16(1)

statements of defence, 19

telecopiers, 40

administration proceedings, judgments or orders, 557

admissions of service, verification, 42

amendments, 136(1)(b)

applications

ex parte, orders, 398(2)

memoranda, 390

special chambers, 387, 391

calls to admit, notices and responses, 294(2)

certificates of pending litigation, 477

certificates of readiness, 323

committees, applications to appoint, 566

continuance, orders, 76

contractual stipulations, validity, 36

counterclaims, 94(2), 96

cross-claims, 157(3)

days of the week, 28(2)

defendants, out of jurisdiction, agents, 35

defendants, several, default proceedings, 168

discontinuance, notice, 309

discovery of documents, statements, 221(6), 228

dispensing with, orders, 38

evidence summaries, 326(2)

examination for discovery

appointments, notice, 248

interrogatories, 263(1)

non-parties, 270(3), (4)

examination in aid of execution, appointments, 516

exhibits, return or disposal, 735(4)

experts, statements, 279

foreclosure, 46, 574, 577, 578, 580

foreign process, requests, translations, 607, 608

fraudulent conveyances, applications, 521

garnishment, summons, 527

holidays, 712

inquiries, reports, 434(1)

interim recovery of personal property, 437(3)

interpleader, certificates of taxation, 466(3)

irregularities, applications to set aside, 44

judgment creditors, foreclosure, 46

judicial review, originating notices, 597

mail, use, 37

medical examinations, reports, 277(2)

minors, 32, 33, 37(2)

new judgments, notices of motion, 422

notices of motion, 382(2), 383, 384

offers to settle, 193, 196, 197(4)

originating documents

deemed service, filing of response, 39

originating notices, 24, 25

personal service, 29

solicitors, undertakings to appear or file, 31

particulars, requests for further, 119

partners, writs of execution, 510(3)

payment into court

defence of tender, 188(3)

plaintiffs, 189(2)

personal service

addresses, 41

associations, 30(6)

certified copies, requests, 30(2)

circumstances, 28(1)

corporations, 30(3)(a)

individuals, 30(1)

municipal corporations, 30(3)(b)

originating documents, 29, 39

partnerships, 30(4), (5)

solicitors, 43

persons incapable of managing their financial

affairs, 34, 37(2)

petitions, 8(4)

Saturdays, 712

setting aside, applications, 44

Sheriff, appointments for taxation, 725(2)

solicitors

admission of service, verification, 42

offices, closed, effect, 45

personal service, 43

representation, changes, 698-701

undertakings to file or appear, 31

specific performance, 575

statements of claim, defendants added, 59(1)

statements of material facts, requests for further, 119

stop orders, 474

substitutional, orders, 38

summary judgments, applications, 174(2)

Sundays, 28(2), 712

taxation, appointments and appeals, 671, 693

taxing officers, powers, 668(1)(d)

telecopiers, 40

third party notices, 142(4), 143

time, generally, 712

witnesses, notices to attend, 363-365

writs of attachment, 542

SERVICE OUT OF JURISDICTION

contractual stipulations, restrictions, 36(2)

Convention, service pursuant to, 50

generally, with leave, 49

originating documents, with leave, 48

originating documents, without leave

Carriage by Air Act, 47(1)(o)

contracts, 47(1)(f), (g)

estates, administration, 47(1)(d)

foreclosure, 47(1)(k)

injunctions, 47(1)(i)

judgments, 47(1)(m)

land, 47(1)(a), (b)

matrimonial causes, 47(1)(n)

mortgages, 47(1)(k), (l)

nuisance, 47(1)(i)

persons domiciled or ordinarily resident, 47(1)(c)

persons parties to actions in jurisdiction, 47(1)(j)

statements of claim, grounds, 47(2)

torts, 47(1)(h)

trusts, 47(1)(e)

setting aside, applications, 51

third party notices, 146

SET-OFFS

costs, 643(1)(c), 647

costs, taxation, 676(2), 679

counterclaims, use, 95(2)

damages, 647

delay in prosecution, 327(6)

SETTLEMENTS

case management conferences, 283(e), 284(1)(a)

contingency agreements, 662(2), 663(3)

costs, taxation, 651

memoranda, withdrawal after entry, 319(4)(b)

offers to settle, see OFFERS TO SETTLE

persons under disability, 88

SHERIFF, see also COURT; officers

fees

bills of costs, taxation, 725

inclusion in definition of costs, 641(e)

taxation, proof of disbursements, 680(1)

foreign process, service, 607

interim recovery of personal property

orders, service, 441

other property seized, 436

reports, 442

security, 439, 443

interpleader

adverse claims, property held by Sheriff, 463, 464

applications by Sheriff, 461, 462, 465

costs, taxation, 466

payment for services, 467

officer of the Court, 715

prisoners, production for examination, 366

witnesses, apprehension, 365

writs of attachment

execution, 540(3)

livestock and perishables, 546

property, return, 545

property, seizure, 544

returns, 543

writs of delivery, 505

writs of execution

directions, 494

fees and expenses, 500

receipt, endorsement, 499

returns, 501-503

writs of sequestration, 506(2)

SOLE PROPRIETORSHIPS

examination for discovery, 240(2)

firm names, capacity to sue and be sued, 91

SOLICITORS

accounts, taking, place, 430(4)

actions, commencement, telecopiers, 11

affidavits

swearing, 368(3)

telecopiers, undertakings, 379

applications

attendance, 388, 389

late filing, costs, 395

memoranda, filing, 390

withdrawal, 392

authority

demands to declare, 14

proceedings commenced without, stays, 702

case management conferences, duties, 283, 285, 288

certificates of readiness, signatures, 319(2)

compensation

actions, 667

agreements, scope, 656

ceasing to act, amount due, 663

costs, inclusion in definition, 641(a)

entitlement, grounds, 653

representative capacity, entitlement, 664

security, 655

taxation, agreements, 654, 655

contempt

authority, demands, 14

notices, discovery or inspection, clients, 233

undertakings, non-performance, 704(e)

contingency agreements

defined, 657

irregularities, effect, 660

memoranda, contents and filing, 658(2), 659

provisions, validity, 662

review, 661

signatures, 658(1)

taxation, effect, 663

costs, liability of solicitors

delay in prosecution, 329(h)

generally, 644

proceedings commenced without authority, 702(1)

repayment of excess, non-compliance, 697(b)

costs, solicitor and client, see COSTS; solicitor and

client

death, 698(4), 701

defined, 1

discovery of documents

notice, clients, 233(2)

statements, signatures, 221(5)

documents

delivery to clients, taxation, 691

filing, means, 720

evidence summaries, signatures, 326(5)

examination for discovery

answers, 258

appointments, 248

exhibits, copies, 256(2)

re-examination, 259

transcripts, delivery, 262(3)

examination out of court

addresses and phone numbers, 359(1)(c)

place, considerations, 357(4)(e)

undertakings, expenses, 359(2)

fiats, issuance, notice, 425

garnishment

applications for leave, affidavits, 523(2)

notice, payment into court, responses, 537

summons, service, 527(4)

guardians ad litem, acting as, costs, 645

judgments and orders

consent, 404

drafting, 406

memoranda of satisfaction, signatures, 423(1)(a)

reasons, notice, 425

signatures, 413

juries, removal, 342(2)

liens

applications, 666

delivery of documents, 691

set-offs, effect, 647, 679

minors, disposition of property, affidavits, 563(1)

next friends, written authority, 82

payment out of court, 190(2), 211(5)

pleadings

issuance, restrictions, 17

names, inclusion in, 15(e), 16(1), 19(a)

procedure books, entries, 349(a)

reciprocal enforcement of judgments, notice, 622, 629

representation

ceasing to act, amount due, 663

ceasing to act, notices, 698(4), 699

corporations, 7(2)

directions, applications, 701

notices of changes, service, 698

persons under disability, 7(1), 700

representative parties, 7(1)

withdrawal, orders, 700

security for costs, demands, residency, 631

service

admission of service, verification, 42

continuance, orders, 76

judgment creditors, foreclosure, 46

offices, closed, effect, 45

personal service, 43

representation, changes, 698-701

telecopiers, 40

third party notices, 143

undertakings to file or appear, 31

solicitor and client costs, see COSTS; solicitor and

client

special cases, 299(2)

special chambers applications

adjournment, 393

briefs, 391

notice, 387

taxing officers, powers, 668(1)(e)

trials, addresses, 335, 336

undertakings to appear or file, 31

witnesses, parties as, service, 363

writs of execution, addresses, 493

SPECIAL CASES

availability, 297

contents, 299(1)

filing, 299(3)

hearings, determination, 301

interpleader, orders, 458(1)(c)

payment, agreements, 302

questions of law, directions, stays, 298

signatures, 299(2)

summaries, delivery, time, 300

written, 299(4)

SPECIFIC PERFORMANCE

agreements of sale

certificates of title, filing, 581

generally, see FORECLOSURE

orders determining agreements, 589, Form 61

subsequent encumbrancers, 575

contracts, enforcement of judgments, 508

SPOUSES

joinder of action, 54

originating notices, 22(l)

service out of jurisdiction, 47(1)(n)

STATEMENTS AS TO DOCUMENTS, see

DISCOVERY OF DOCUMENTS; statements as to

documents

STATEMENTS OF CLAIM, see also

ORIGINATING DOCUMENTS, PLEADINGS

actions, commencement, 8(1), Form 1

contents, 16(1)

currency, 13

defined, 1

foreclosure actions, 573

front pages, 16(3), Form 3

irregularities, effect, 710

joinder of issue, restrictions, 101

place of trial, proposals, 16(2)

renewal, 13

representative parties, capacities, inclusion, 63(2)

summary judgments, notices of motion, service, 174(2)

STATEMENTS OF DEFENCE, see also

DEFENCES, PLEADINGS

admissions, withdrawal, 317

contents, 19

counterclaims, conjoined, 95(4)

defined, 1

delivery

defendants added or substituted, 59(2)

generally, 93

late filing, 159, 171

filing, effect on defective service, 39

forms, 95(6), Form 8

judgments, consent, filing, effect, 404

notice, non-entitlement, failure to file, 158

orders, consent, filing, effect, 404

solicitors, undertakings to file, 31

striking out

offers to settle, non-compliance, 200, 202

summary judgments, non-compliance, 179(2)

third parties, 147, 148, 150, 153

withdrawal, 316

STATUTES, see ENACTMENTS

STAY OF PROCEEDINGS

accounts, 428(b)

administration proceedings, accounts, 555

applications, questions of fact and law, 304(1)(c)

claims, counterclaims, 100

consolidation of proceedings, 318(1)(b)

contempt, penalties, 705(1)(d)(ii)

counterclaims, 98, 100

discontinuance, costs, subsequent proceedings, 314

inquiries, 428(b)

interim recovery of personal property, 444

interpleader, 457

judicial review, 604

offers to settle, 198

orders, time, 129(1)(b)

partnerships, names and addresses, disclosure, 89(5)

payment into court, 190(2)

security for costs, 631(2), 635

solicitors

authority, 14(4), 702

outside Yellowknife, filing, 11(3)(b)

special cases, 298, 302(2)

summary judgments, enforcement, 183

taxation, party and party, 678(2)

writs of execution, 485(3)

STOP ORDERS

applications, 473(1)

copies, service, 474

notice, 473(2)

payment out of court, applications, 475

undertakings, damages, 473(3)

STYLES OF CAUSE

contents, 15(b)

continuances, 86

counterclaims, 95(7), 96

documents, court, contents, 732(1)(c)

payment into court, notices, 210(1)

reciprocal enforcement of judgments, 619, 627

taxation, solicitor and client costs, 683

SUMMARY JUDGMENTS

admissions of fact, evidence, 181

applications for judgment, directions, 182

counterclaims, 183, 184

cross-claims, 183, 184

defendants, applications, 175

enforcement, stays, 183

grants

amounts, only genuine issue, 176(3)

no genuine issue, 176(2)

partial, terms, 179

questions of law, only genuine issue, 176(4)

without prejudice, other defendants or claims, 178

originating notices, summary dispositions, 27

plaintiffs, applications, 174

refusals, terms, costs consequences, 179, 180

responses, evidence, requirements, 176(1)

rules, special chambers applications, application, 177

special urgency, 174(2)

third party proceedings, 183, 184

SUPPORT

originating notices, 22(l)

service out of jurisdiction, 47(1)(n)

SUPREME COURT, see COURT

SURETIES

interim recovery of personal property, 439, 443

joinder of actions, 69

witnesses, apprehension, 365

writs of attachment

issuance, conditions, 541(b)

livestock and perishables, 546

TAXATION OF COSTS, see also COSTS

amounts, calculation, 648, Schedule A

appeals

certificates, effect, 675(2)

costs, 695(2)

evidence, 694

notices, filing, service, time, 693

powers of the Court, 695(1)

repayment, enforcement, 697

writs of execution, amendments, 696

applications, costs in the cause, 649

appointments

affidavits verifying disbursements, 670(1)

bills of costs, contents, 670(2)

copies, service, 671

failure to attend, effect, 672

certificates, 675

conduct money, amounts, 652

consent, solicitors, responsible parties, 674(3)

costs

costs of the taxation, 669

defined, 641

estates, payment by persons interested, 665

foreclosure, orders nisi, 582(b)

interpleader, Sheriff, 466

mortgaged property, payment by persons

interested in, 665

party and party

bills of costs, filing, 676(2)

bills of costs, filing, non-compliance, 676(3)

deductions, 679

disbursements, proof, 680

proceedings, failure to attend, 677

proceedings, institution, 676(1)

set-offs, 679

stays, 678(2)

time, 678(1)

questions, referral, 673

refusal, grounds, 674

scales, discretion of the Court, 643(1)(b)

settlements, effect, 651

Sheriff, bills of costs, 725

solicitor and client

agreements, effect, 687

applications, notices of motion, 682(1)

applications, styles of cause, 683

appointments, taxing officers, 682(2)

bills of costs, contents, 686

bills of costs, filing, 684

bills of costs, signatures, 685

client, defined, 681

clients with independent advice, consent, 688

costs of the taxation, 669

documents, delivery by solicitors, orders, 691

enforcement, 692(2)

judgments, 692(1)

re-taxation, restrictions, 690

time, 689

solicitors, compensation

actions, 667

agreements, 654, 655, 687

ceasing to act, amount due, 663

solicitors, repayment of moneys, 684(3)

taxing officer

Clerk, acting as, 642

powers, 668(1)

time, enlargement, 668(2)

trust funds, payment by persons interested, 665

TELECOPIERS

actions, commencement, outside Yellowknife, 11

affidavits, 379

defined, 1

documents, filing, 720(4)-(6)

service, 40

TELEPHONES

actions, commencement, outside Yellowknife, 11

applications, 389

case management conferences, 289

examination out of court, numbers, 359(1)(c)

special chambers applications, adjournment, 393

trials, witnesses, testimony, 352

TENDER

defence of

disclosure, 186

payment into court, 188

foreclosure, sales, 587

THIRD PARTY NOTICES, see also PLEADINGS

filing, 142(3)

forms, 142(2), Form 9

joinder of issue, restrictions, 101

scope, 142(1), 145

service, 142(4), 143

service out of jurisdiction, 146

setting aside, applications, 144

THIRD PARTY PROCEEDINGS

admissions, withdrawal, 317

appearances, 147, 148

counterclaims, application, 156

default proceedings

defences after noting in default, 150

judgments, defendant in default, 151

judgments, defendant not in default, 152

noting in default, 149, Form 10

delay in prosecution, agreements, notice, 330(2)

directions, applications, 153(2)

discontinuance, see DISCONTINUANCE

documents, production, entitlement, 153(1)(b)

examination for discovery, entitlement, 153(1)(b)

further parties, third party rules, application, 145

offers to settle, rules, application, 187

payment into court, rules, application, 187

security for costs, deemed plaintiffs, 630(2)

service, entitlement, 153(1)(a)

statements of defence, 147, 148, 153

unnecessary delay, directions to prevent, 155

TIME, see also DATES

abatement, actions, 75

abridgment or enlargement, generally, 713

accounts, taking, 420, 427, 430(3)

administration proceedings, variation, 557(7)

admissions, calls to admit, responses, 294(2)

advance payment, disclosure, 217

affidavits, swearing, 368(4), 369

amendments, 713(3)

appeals, taxation, 693

appearances, delivery, 93, 159

applications

chambers, 386

memoranda, filing, 390

orders, variation, 397

special chambers, 387, 391, 393

withdrawal, 392

certificates of readiness, service, 323

chambers, sittings, 727

committees, accounting, 568

computation, generally, 712

contingency agreements, 659, 661

continuance orders, variation, 76

costs, 643(3)

counterclaims

discontinuance, 309, 311(1), 312

service, 94(2)

Court, sittings, 727

cross-claims

discontinuance, deemed dismissal, 311(2), 312

service, 157(3)

damages, assessment, continuing causes, 344

defences to counterclaims, delivery, 94(3)

delay in prosecution, see DELAY IN PROSECUTION

delivery, documents, 713(3)

discontinuance, 309, 311, 312(2), 313

discovery of documents

notices of non-admission of authenticity, 228(3)

notices to inspect, 225(2)

notices to produce, 225(1)

production for inspection, 221(2)(c)(i), 225(3)

statements, filing, 221(1)

statements, service, 221(6)

dismissal, 129(1)(b), 327

enlargement or abridgment, generally, 713

estates, notices of judgments or orders, 557(7)

evidence summaries, service, 326(2)

examination for discovery

appointments, 248(2), (3)

defendants, 247(2)

generally, 235

interrogatories, 263(2)

plaintiffs, 247(1)

examination for foreign courts and tribunals, 614(2)

examination in aid of execution, 512, 514, 516

exhibits, return, 735

experts

reports, 278(8)

statements, service, 279

filing, documents, 713(3)

foreclosure

emergency orders, 578(1)

sales, 583, 585, 587, 588

subsequent encumbrancers, applications, 574(3)

garnishment

pre-judgment, 523(1), 533(2)

responses, 531

summons, service, 527

holidays, effect, 712, 714

inquiries

generally, 427

reports, notice, 434(2)

unascertained persons, 420

interim recovery of personal property

applications, 437(1)

reports, 442(1)

interlocutory injunctions, 446

interpleader, 457, 463(4)

irregularities, setting aside, 709

joinder, implied, 104

judgments

compliance, 410

contents, 407

delay in entry, 417

delay in signature, 413

generally, 129(1)(b)

irregularities, correction, 426

new judgments, 422

judicial review, originating notices, filing, 596

juries

decisions, holidays, validity, 714

sittings, adjournment, failure of proof, 343

mandatory orders, 446

medical examinations, 273, 276(1)

misjoinder, applications to rectify, 58(7)

notices of motion, service, 383, 384

offers to settle

acceptance, 197(1), (2)

costs, effect, 195, 196(3)

costs, pre-judgment interest, effect, 205

making, 194(1)

withdrawal, 196

orders

compliance, 410

contents, 407

delay in entry, 417

delay in signature, 413

formal, taking effect, 400(2)

irregularities, correction, 426

taking effect, 407(3)

time, generally, 712, 713

originating documents, outside Yellowknife, 11(1)(c)

originating notices, service, 24

particulars, requests for further, 119

payment into court

costs, effect, 192

costs, pre-judgment interest, effect, 205

credit, entitlement, 210(3)

defendants, payment, 189(1)

plaintiffs, acceptance, 190

plaintiffs, service, 189(2)

repayment, 191

trust accounts, closing, 213

petitions

discontinuance, 309, 312, 313

service, 8(4)

pleadings, amendment

consent, 132, 713(3)

defects or errors, 134

delivery, 138

disallowances, 131

expiration, 135

generally, 129(1)

real questions, 133

without leave, 130

pleadings, delivery, 94, 713(3)

procedure books, entries, 349(a)

reciprocal enforcement, setting aside, 622(b), 629(b)

replies, amendments, 130(3)(b)

Saturdays, 712

security for costs, applications, 632(1), 634

service, documents, 41(2), 712(b)

service out of jurisdiction, applications, 49(2)

Sheriff, bills of costs, delivery, 725(1)

solicitors, representation, changes, 698-700

special cases, 299(3), 300

specific performance, subsequent

encumbrancers, 575(3)

statements of claim, currency and renewal, 13

statements of defence

delivery, 59(2), 93, 130(2)(b), 159

third parties, delivery, 147(1), (2), 148

withdrawal, 316

statements of material facts, 119

stays, 129(1)(b)

summary judgments, applications, 174, 181

Sundays, 28(2), 712

taxation

appeals, 693

appointments, service, 671

enlargement or abridgement, 668

party and party, 678(1)

solicitor and client, 689

third party notices

filing, 142(3)

service, 142(4), 143

setting aside, applications, 144

third party proceedings

default judgments, 151(1), 152(1)

discontinuance, 311(2), 312, 313

trials

adjournment, 324(2)

briefs, 325

evidence, other proceedings, 354(b)

lists, publication, 324(1)

trusts, notices of judgments or orders, 557(7)

witnesses, notices to attend, 363, 364

writs of attachment

livestock and perishables, 546

service, 542(1)

writs of execution

issuance, 152(2), 485, 489

receipt, Sheriff, 499

renewal, 498

returns, 502, 503

writs of possession, issuance, 504(2)

TORTS

service out of jurisdiction, 47(1)(h)

TRANSCRIPTS

affidavits, cross-examination, 381(4)

court reporters, duties, 721(d)

evidence, admissibility, 724

examination for discovery

copies, 262(3)

evidence, admissibility, 262(2)

exhibits, attachment, 256(2)

filing, 262(4)

form, 262(1)

non-parties, 270(3)

videotapes, attachment, 269

examination for foreign courts and tribunals, 612, 613

examination out of court, 357(1), 361(3)

judges, drafts, correction, 723

TRANSLATION

examination out of court, 359(1)(d)

foreign process, letters of request, 608

TRIALS

addresses

judges, onus of proof, 336

juries, 335

adjournment

after publication of date, 324

appeals, applications, 341

evidence summaries, non-compliance, 326(6)

terms, 340

affidavits, use, 351

appearances, parties, 332, 333

consolidation, 318(1)

cross-claims, determination, 157(5)

cross-examination, questions, disallowance, 339

dates, publication, 324

discovery of documents

documents not disclosed, 230

entry for trial, 320

notices of non-admission, 228(3)

production, documents disclosed, 229

dismissal, case not made out, 346

documents, failure to prove, 343

entry for trial

briefs, 325

certificates of readiness, filing, 319, Form 18

certificates of readiness, service, 323

evidence summaries, 326

further proceedings, 320

records, filing, service, 322, 323

withdrawal, 319(4)

examination for discovery

answers, failure to correct, 260(3)

entry for trial, 320

experts, undertakings not to call, 252(2)

interrogatories, filing, 264

non-parties, 270(5)

reading in, procedure, 266

subsequent actions, 268

transcripts, 262

witnesses, unavailability, 267

examination out of court, 357(1), 361

exhibits

filing, 734

marked on examination for discovery, 256(1)

return, 735

experts, reports, 278(6)

facts, failure to prove, 343

interruptions, 341

joinder of actions, see JOINDER OF ACTIONS

judgments, see JUDGMENTS

jury trials, see JURIES

mini-trials, procedure, 292

mistrials, declarations, 342(2)

mode, judge or jury, 331

new judgments, 422(7)

offers to settle, disclosure, 186

originating notices, summary disposition, 27

payment into court, disclosure, 186

place, statements of claim, proposals, 16(2), 321

pleadings, amendment, 139

postponement, applications, 405

procedure books, entries, 349

property, inspection, 337, 338

questions of fact and law

definition of the facts, 305

different questions, different modes, 307

discovery or inspection, delay, 306

orders, 304

points of law, disposition, 303

retrials, juries, 342, 347, 348

summary judgments, terms, 179(1)(f)

telephones or audio-visuals, testimony, 352

third party proceedings, 152, 153

witnesses, see WITNESSES

TRUST ACCOUNTS

costs, payment by persons interested, 665(2)

payment into court

administration, 211(1)

closing, 213

opening, 210(2)

records, 211(2)

TRUSTEE ACT

originating notices, 22(g)

payment into court under, procedure, 207

TRUSTEES

accounts, orders to furnish, 551(a), 555

administration proceedings, parties, 552(1)

bankruptcy

examination for discovery, 243

joinder of actions, 53

directions, to act or abstain, 551(c)

joinder of actions, 63-65

offers to settle, terms, 197(4), (5)

originating notices

accounts, 551(a)

appointment, 22(b)

compensation, 22(h)

directions, 551(c)

judges, opinions, advice or directions, 22(g)

payment into court, 551(b)

sales, purchases and compromises,

approval, 551(d)

vesting and consequential orders, 22(b)

payment into court, 207, 551(b)

pleadings, denials, 127

sales

approval, 551(d)

payment, 560(a)

powers, 556

solicitors acting as, compensation, 664

TRUSTS

accounts, 555

administration proceedings, defined, 549

costs, payment by persons interested, 665

joinder of actions, compromises, effect, 73

judgments and orders, 64, 65, 554

misconduct, orders, scope, 553

notices of judgments or orders, 557, Form 49

originating notices

execution, questions, 550(a), (c)

judges, opinions, advice or directions, 22(g)

orders, 551

property, claims, 550(b)

service out of jurisdiction, 47(1)(e)

variations, 22(i)

payment into court, procedure, 207

representation orders, 71

UNBORN PERSONS

representation orders, 71

UNDERTAKINGS

affidavits, telecopiers, 379(1)

contempt, non-compliance, 704(d), (e)

examination for discovery, information, 261

examination out of court, expenses, 359(2)

experts, not to be called at trial, 252(2)

garnishment, applications for leave, 523

interlocutory injunctions, damages, 447

mandatory orders, damages, 447

statements of defence and appearances, filing, 31

stop orders, damages, 473(3)

trials, setting down, completion of discovery, 320

UNDUE INFLUENCE

pleadings, 117

VIDEOTAPES

discovery of documents, inclusion in definition, 218(1)

evidence, witnesses, admissibility, 352

examination for discovery, 269

examination out of court, 357(4)(f), 361(3)

WAGES, see FEES, GARNISHMENT

WARRANTS OF COMMITTAL

contempt, enforcement, 707

WASTE

actions to prevent, 61

WILLS

accounts, 555

construction of, service out of jurisdiction, 47(1)(b)

questions, entitlement, originating notices, 550(c)

WITNESSES

compelling attendance

apprehension and detention, 365

notices, 364, Form 23

opposite parties, 363

prisoners, 366, Form 24

conduct money

costs, in addition to conduct money, 652

costs, inclusion in definition, 641(f)

defined, 1

examination for discovery, 248

trials, 363-365

contempt

non-attendance, 704(b)

oaths, refusal, 704(c)

cross-examination, see CROSS-EXAMINATION

delay in prosecution, prejudice, 328(b)

evidence summaries, 326

examination for discovery, use at trial

impeaching statements, 266(2)

non-parties, 270(5)

witnesses, unavailability, 267

examination out of court, see EXAMINATION OUT

OF COURT

experts

court experts, 278

reports, compliance with Evidence Act, 280

statements, 279

undertakings not to call, 252(2)

fees

inclusion in definition of costs, 641(f)

taxation, proof of disbursements, 680(2)

minors, applications for disposition of property, 564

procedure books, entries, 349(a)

trials

affidavits and examiners, 351

directions not to communicate, 334(b)

exclusion from the courtroom, 334(a)

exclusion of testimony, 334(c)

oral examination, open court, 350

telephones or audio-visuals, 352

WRITS OF ATTACHMENT, see ABSCONDING

DEBTORS

WRITS OF DELIVERY

forms, 505(2), Form 44

issuance, scope, 505(1)

non-compliance, effect, 505(3)

WRITS OF EXECUTION

amendments, costs reduced on appeal, 696

conditional judgments, leave, 486

costs and interest, 500, 725

counterclaims, leave, 172, 173

endorsement, 493

examination in aid, see EXAMINATION IN AID OF

EXECUTION

fees and expenses, 500, 725

garnishment, summons, list of executions, 525(1)

goods, land and money, 487, 488

issuance

dates, 492

parties, change in, 490

parties, original, 489

third parties, 152(2)

time, 485, 489

life of writs, 497

money, recovery

directions, interest, 494

endorsement, 495

forms, 496, Form 42

land and money, 488

new judgments, 422(6)

partnerships, 509-511

preparation, 491

receipt, Sheriff, endorsement, 499

reciprocal enforcement of judgments, 624

renewal, 498

returns, 501-503

special cases, 302(2)

stays, 485(3)

WRITS OF POSSESSION

forms, 504(4), Form 43

issuance, scope, 504

WRITS OF SEQUESTRATION, see also

CONTEMPT

corporations, 507

forms, 506(2), Form 45

scope, 506(1)

Printed by

Territorial Printer, Northwest Territories

Yellowknife, N.W.T./1998©