Supreme Court Rule Amendments

April 14, 2005

Please be advised that the following Supreme Court Rule Amendments will take effect July 1, 2005Rule 1 (8) of the Supreme Court Rule is amended by adding the following definition:     “registrar’s hearing” means an inquiry, assessment, accounting, review of a bill, examination of an agreement or an assessment of a bill of costs;.Rule 8 (3) is amended by striking out “A writ” and substituting “Unless these rules otherwise provide, a writ”.Rules 27 (14) and 38(4) are amended by striking out “the registry” and substituting “the office of an official reporter that it”.Rule 53 (4) is repealed and the following substituted:(4)     A registrar may, in respect of any registrar’s hearing, whether before that registrar or any other registrar,          (a)  extend, shorten or limit the time for any step in the registrar’s hearing,          (b)  exercise the powers set out in Rule 32(5),          (c)  exercise the powers that, under Rule 52(4) and (5), may be exercised by the court, and          (d)  direct the parties to attend a pre-hearing conference.(4.1)    Without limiting Rule 32 (5), a registrar conducting a pre-hearing conference may give directions for the conduct of any registrar’s hearing, whether or not that registrar’s hearing is before the registrar conducting the pre-hearing conference, including, without limitation, directons respecting the following:          (a)  the production of documents;          (b)  oral examination for discovery;          (c)  delivery of notices to admit;          (d)  delivery of experts’ reports;          (e)  deliver of witness lists;          (f)   any other matter that may assist in the just and efficient determination of the issues.Rule 60 is amended(a)  in subrule (9) (a) by striking out “Form 127,” and substituting “Form 127 to 127A,”,(b)  in subrule (9) (b) by striking out “Form 128,” and substituting “Form 128 or 128A,”,(c)  in subrule (11) by striking out “if they claim an order for divorce and no other orders except by consent,” and substituting “if all relief, except any claim for divorce, is by consent.”,(d) by repealing subrule (12) and substituting the following:Form of joint family law proceeding(12)    In a joint family law proceeding under subrule (11),          (a)  the writ of summons must be in Form 127A and the statement of claim must be in Form 128A, and          (b)  the writ of summons and statement of claim need not be served., and  (e)  in subrule (13) by striking out “joint action for divorce” and substituting “joint family law proceeding” and by striking out “the claim” and substituting “a claim”.Rule 61 is amended by adding the following subrule:(60)    As part of an application for the passing of accounts and remuneration under subrule (58), the applicant must file an affidavit, in Form 136A,          (a)  describing the assets and liabilities of the estate for which the statement is prepared as at the later of               (i)  the date of the deceased’s death, and               (ii) the effective date of the most recent of any previous accounting done under this rule,          (b)  describing capital transactions since the applicable date referred to in paragraph (a), including expenses related to and necessary for the maintenance of capital assets,          (c)  describing income transactions, other than transactions included under paragraph (b), since the applicable date referred to in paragraph (a), including the payment of any liabilities of the estate,          (d)  describing the assets and liabilities of the estate as at the effective date of the statement of account,          (e)  including a calculation of the remuneration, if any, claimed by the applicant for               (i)  the applicant, and               (ii) any previous trustee for whom a claim for remuneration has not yet been made,          (f)  describing all distributions made or anticipated to be made out of the estate, and          (g) including, in any other schedules, details or information the court may require or the applicant may consider relevant.Due to the length of Form 127A, 128A and 136A, they could not be attached to this FYI.  Dye & Durham would be pleased to provide copies of these forms at a nominal $5.00 fee.  Please contact Dye & Durham’s Litigation Division at [email protected]

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