4(1)An action is commenced when a claimant files a claim (Form 1) and a copy for each defendant and each claimant, accompanied by the filing fee required under section 71, with the clerk

4(2)For the purposes of subsection (1), a corporation, partnership or unincorporated association is deemed to reside at each place where it carries on business.

4(3)In a claim, a claimant shall set out

5(1)The clerk with whom a claim is filed shall

5(2)A clerk shall not accept for filing

6(1)A claimant shall, at the claimant’s expense, serve each defendant with a copy of the claim filed with the clerk and a blank response (Form 2).

6(2)A claim shall be served within one year after the date of filing, unless the time is extended under section 62.

7(1)A defendant may respond to a claim by filing a response (Form 2), with a copy for each claimant, with the clerk of the judicial district in which the claim was filed.

7(2)A response is filed when the original, with all required copies, and the filing fee required under section 71 are received by the clerk.

7(3)In a response, a defendant may

7(4)If a defendant admits a claim that is for debt or a part of a claim that is for debt, the defendant may request a payment hearing with respect to the debt.

7(5)In a response, a defendant shall provide his or her mailing address, residential address and telephone number, and his or her e-mail address and fax number, if any, and set out the language in which the defendant intends to proceed.

8(1)A defendant may make a counterclaim against the claimant by completing the counterclaim portion of a response (Form 2) and filing the form, accompanied by the filing fee required under section 71, with the clerk of the judicial district in which the claim was filed.

8(2)In a counterclaim, a defendant shall set out

10(1)On receiving a response, a clerk shall

10(2)A clerk shall not accept for filing a response that contains a counterclaim for the recovery of possession of personal property only or a counterclaim for both money and the recovery of possession of personal property if the defendant does not include the estimated value of the property.

10(3)A clerk shall not accept for filing a response that contains

12(1)If a counterclaim is a counterclaim described in paragraph 10(3)(a), (b) or (c), or if the counterclaim is not otherwise within the jurisdiction of the court, the defendant may commence an action in the Court of Queen’s Bench.

12(2)If the defendant commences an action in the Court of Queen’s Bench, the defendant may make an application to transfer the small claims action to the Court of Queen’s Bench in accordance with section 65.

13(1)If a defendant who has filed a response believes that another person should pay all or part of the claimant’s claim, the defendant may make a claim against the other person by completing a third party claim (Form 3) and filing it, accompanied by the filing fee required under section 71, with the clerk of the judicial district in which the claim was filed.

13(2)A defendant shall file a third party claim (Form 3) with the clerk within 30 days after the date of service of the claim and the blank response on the defendant.

13(3)In a third party claim, a defendant shall set out

13(4)Within 15 days after the third party claim is filed with the clerk, a defendant shall, at the defendant’s expense, serve the third party with a copy of the third party claim, a copy of the claim, a copy of the defendant’s response and a blank third party response (Form 4).

13(5)The clerk shall provide a copy of the third party claim to each claimant or the claimant’s solicitor by any means that provides proof of its receipt.

14(1)A person joined as a third party who wishes to defend the third party claim shall file a third party response (Form 4) and a copy for the defendant who filed the third party claim and each claimant, accompanied by the filing fee required under section 71with the clerk of the judicial district in which the claim was filed.

14(2)If a third party response (Form 4) is not filed within 30 days after the date of service of the third party claim, the matter may proceed and judgment may be entered against the third party without further notice to the third party.

14(3)In a response, a third party shall provide his or her mailing address, residential address and telephone number, and his or her e-mail address and fax number, if any, and set out the language in which the third party intends to proceed.

14(4)The clerk shall provide a copy of any third party response to the defendant who filed the third party claim or the defendant’s solicitor and to each claimant or the claimant’s solicitor.

15(1)A third party claim shall be tried at or immediately after the trial of the main action unless ordered otherwise.

15(2)In order that a claimant is not unnecessarily prejudiced or delayed because of a third party claim, the court may impose terms, including a direction that the third party claim proceed as a separate action, if the terms do not cause injustice to other parties.

16(1)Unless otherwise specified, the provisions that apply in respect of a claim apply in respect of a third party claim, with any modifications that may be necessary.

16(2)Forms under this Regulation may be modified as necessary to accommodate a third party claim.

17(1)Before the hearing, a party may amend the party’s claim, response, counterclaim, third party claim or third party response by filing with the clerk a copy that is marked “Amended”, in which any additions are underlined and any other changes are identified.

17(2)The amended document shall be served by the party making the amendment on all other parties, including any defendant in default.

17(3)The amended document shall be filed and served at least 14 days before the date scheduled for the hearing, unless the court, on application, allows a shorter period of time.

17(4)A party who is served with an amended document is not required to amend the party’s claim, response, counterclaim, third party claim or third party response, as the case may be.

18(1)Subject to subsection (2), a party may withdraw all or part of the party’s claim, counterclaim or third party claim at any time by filing a notice of withdrawal by claimant (Form 5A) or a notice of withdrawal by defendant (Form 5B), as the case may be, with the clerk and serving a copy of the notice of withdrawal on the other parties.

18(2)If a response or third party response has been filed, a party shall not withdraw all or part of the party’s claim or third party claim without leave of the court or without the written consent of all parties, and the consent must be attached to the notice of withdrawal.

18(3)The withdrawal of a claim, counterclaim or third party claim by a party does not prejudice the right of any other party to proceed with that party’s claim, counterclaim or third party claim.

18(4)The withdrawal of a claim, counterclaim or third party claim is not a defence to a subsequent action, unless the order giving leave to withdraw or the written consent of the parties so provides.

19(1)A claimant may request judgment by filing with the clerk a request for judgment (Form 6) and proof of service of the claim and the blank response on the defendant if the defendant

19(2)Despite paragraph (1)(b), if a defendant has filed a response admitting the claim in full and requests a payment hearing in accordance with section 24 and the claimant consents to participate in the hearing, the claimant may not file a request for judgment until after the payment hearing is concluded.

19(3)Subsection (2) does not apply if the defendant fails to appear for the payment hearing or if the claimant withdraws his or her consent before the payment hearing.

20(1)Subject to the jurisdiction of the court, if a request for judgment is filed in accordance with subsection 19(1) and the claimant’s claim is only for debt, only for the recovery of possession of personal property or for both, the clerk shall enter default judgment (Form 7), including filing fees and reasonable and actual costs of service and if there is a claim for debt, interest due to the date of judgment in accordance with subsection 58(1).

20(2)A default judgment shall not be entered against a party under disability without an order of the court.

21(1)If a request for judgment is filed in accordance with subsection 19(1) and the claimants’s claim is for damages only or is in part for damages, the clerk shall enter interim judgment by noting the interim judgment on the claim.

21(2)An interim judgment shall not be entered against a party under a disability without an order of the court.

21(3)If a clerk has entered interim judgment, the clerk shall set a time and place for a hearing by an adjudicator in respect of the amount of the damages and, subject to subsection (4), notify the parties of the time and place by any means that provides proof of receipt of the notice.

21(4)A defendant who has not filed a response is not entitled to notice of the hearing.

21(5)An interim judgment shall not be filed with the Court of Queen’s Bench.

21(6)At the hearing, a claimant shall not be required to prove liability against the defendant against whom an interim judgment has been entered, but shall prove the amount of damages suffered.

21(7)On receiving the decision of the adjudicator as to the amount of the damages, the clerk shall enter default judgment (Form 7) in respect of the claim.

21(8)Despite subsection (6), an adjudicator may set aside an interim judgment, subject to any terms and conditions he or she considers just, and hold a hearing on the merits of a claim if the adjudicator is satisfied that

21(9)A hearing on the merits of a claim referred to in subsection (8) may be held

21(10)If a hearing on the merits of a claim is to be held at a later time, the clerk shall set a time and place for the hearing and notify the parties of the time and place by any means that provides proof of receipt of the notice.

23(1)A defendant who has not filed a response and against whom default judgment or interim judgment is entered may apply to the court under section 66 to have the judgment set aside, and the application shall be supported by an affidavit (Form 8), sworn to or affirmed by the defendant, providing the following information:

23(2)A person who makes an application referred to in subsection (1) shall attach a completed response (Form 2) to the affidavit and shall serve all other parties with a copy of the application, supporting affidavit and completed response at least ten days before the date of the hearing of the application.

23(3)If the adjudicator is satisfied that the party did not defend the action because the party did not receive a copy of the claim or the party was unable to defend for good reason, and if the adjudicator is satisfied that the party may have a valid defence to the claim, the adjudicator may order that the judgment be set aside, with costs, subject to any terms and conditions that the adjudicator considers just.

23(4)If an adjudicator sets aside a default or interim judgment, a clerk shall notify all other parties and forward a copy of the order to the clerk of the Court of Queen’s Bench if the judgment has been filed in that Court.

23(5)A clerk may by order, with the consent of the parties, set aside a default judgment or interim judgment and subsections (3) and (4) apply with the necessary modifications in respect of the order.

23(6)If a judgment is set aside under subsection (3) or (5), the clerk shall set a time and place for a hearing by an adjudicator in respect of the claim and notify the parties of the time and place by any means that provides proof of receipt of the notice.

24(1)If a claim is for debt only or in part for debt and a defendant in a response admits any part of the claim that is for debt and requests in the response that a payment hearing be conducted to assist the parties in arranging a schedule for the payment of the amount owing, a clerk shall ascertain if the claimant agrees to a payment hearing and shall notify the defendant of the claimant’s reply.

24(2)If the claimant agrees to a payment hearing, a clerk shall send a notice (Form 9) to the parties of the time and place of the payment hearing to be conducted by the clerk, by any means that provides proof of receipt of the notice.

24(3)A defendant shall bring all relevant financial information to the payment hearing, including a copy of his or her income tax return for the previous year and proof of present earnings.

24(4)If the parties agree to a schedule for payment of the debt at a payment hearing, the parties shall enter into a payment agreement (Form 10) and the clerk shall file the agreement with the court and give a copy to the parties.

24(5)If a payment agreement is filed with the court, a claimant shall not request judgment against the defendant unless the defendant fails to make a payment in accordance with the agreement.

24(6)If a defendant fails to make a scheduled payment in accordance with the payment agreement, the claimant may, without notice to the defendant, request judgment (Form 6) for the balance owing, and the clerk may enter default judgment in respect of the claim (Form 7) including filing fees, reasonable and actual costs of service and interest due to the date of judgment in accordance with subsection 58(1).

26(1)At least 20 days before the date scheduled for the hearing referred to in section 25, a clerk shall send a notice of hearing (Form 11)

26(2)The clerk shall send the notice of hearing by any means that provides proof of its receipt.

28(1)At the request of a party to a hearing, a clerk shall issue a summons to witness (Form 12) requiring a witness to attend at the time and place specified and at any later time as required to give evidence and, when directed, to produce documents in the custody or control of the witness that are specified in the summons to witness.

28(2)The clerk shall provide the party who made the request with the summons to witness to serve on the witness at the party’s expense.

28(3)A person served with a summons to witness is entitled to a witness allowance as set out in section 29 to be paid at the time of service by the party at whose request the summons to witness was issued.

30(1)The parties to a hearing may contact a mediator before a hearing for the purpose of discussing settlement of an action that has been set down for a hearing.

30(2)The costs of a mediation process shall be borne by the parties to it, as agreed to between or among them.

30(3)Documents and notes that relate to a mediation are confidential and do not form any part of the court records with respect to the action to which the mediation relates.

32(1)If the parties reach a settlement, the parties may do any or all of the following:

32(2)An adjudicator may direct judgment in accordance with the parties’ request under paragraph (1)(b), and the clerk, on receiving the directions of the adjudicator, shall enter judgment and issue a formal judgment (Form 14) and file it with the Court of Queen’s Bench.

33(1)If the parties have entered into a settlement agreement (Form 13) and a party has failed to comply with the terms of the agreement, the other party may apply to the court under section 66 for an order directing judgment in accordance with the terms of the agreement.

33(2)A party who makes an application referred to in subsection (1) shall attach a copy of the settlement agreement to the application.

33(3)An application referred to in subsection (1) may be made without notice to the party against whom the judgment is sought.

33(4)An adjudicator may direct judgment in accordance with a party’s application, and the clerk, on receiving the directions of the adjudicator, shall enter judgment and issue a formal judgment (Form 14) and file it with the Court of Queen’s Bench.

34(1)An adjudicator shall conduct a hearing as informally as possible while maintaining the dignity and decorum of the court.

34(2)If two or more actions are pending and it appears to an adjudicator that there is a common question of law or fact in both or all of the actions, or it is desirable in the interests of justice, the adjudicator may order that the actions be heard at the same time.

34(3)An adjudicator may

34(4)If evidence is presented by affidavit, an adjudicator may adjourn to permit the party presenting the affidavit to call the person who made the affidavit to be examined orally.

34(5)A person called as a witness shall be sworn or shall make solemn affirmation and shall not refuse to answer questions unless the adjudicator directs the person not to answer.

34(6)At the hearing, a party may be permitted to amend the party’s claim, response, counterclaim or third party claim, as may be just.

35(1)If a claimant fails to attend at the hearing, the adjudicator may

35(2)If a defendant fails to attend at the hearing, the adjudicator may

35(3)If a third party fails to attend at the hearing, the adjudicator may

35(4)If an adjudicator adjourns the hearing under this section, the clerk shall notify all parties of the new hearing date by any means that provides proof of receipt of the notice.

35(5)If a party fails to appear at the resumption of a hearing, the adjudicator shall dismiss the party’s claim, counterclaim or third party claim, as the case may be, and the other parties may proceed to prove their claim, counterclaim or third party claim, as the case may be.

36(1)The decision of the adjudicator shall be

36(2)The adjudicator may advise the parties of the decision at the end of the hearing.

36(3)If the time limit referred to in paragraph (1)(b) cannot be met, the adjudicator shall advise the clerk in writing of the reasons why it cannot be met.

37(1)When an adjudicator files his or her decision, the clerk shall without delay enter judgment and may issue a formal judgment (Form 14) and file it with the Court of Queen’s Bench.

37(2)The effective date of a judgment is the date the written decision of the adjudicator is filed with the clerk.

37(3)The clerk shall send each party a copy of the adjudicator’s decision filed under section 36 and shall return any exhibit to the party who offered it in evidence or advise the party that the exhibit is to be picked up at the clerk’s office.

38(1)A party who fails to attend a hearing and against whom a judgment has been entered may apply to the court under section 66 to have the judgment set aside, and the application shall be supported by an affidavit (Form 15) sworn to or affirmed by the party.

38(2)An application referred to in subsection (1) shall be served on all parties to the application at least ten days before the date of the hearing of the application.

38(3)The adjudicator may order that the judgment be set aside and order a new hearing on any terms and conditions he or she considers just if the adjudicator is satisfied that the party did not attend the hearing because

38(4)If the adjudicator makes an order under subsection (3), the clerk shall file the order with the Court of Queen’s Bench to set the judgment aside if the judgment has been filed in that Court.

38(5)If a judgment is set aside under subsection (3), the clerk shall schedule a new hearing date and notify all the parties of the time and place by any means that provides proof of receipt of the notice.

39(1)A party to an action who has attended a hearing or who was represented at a hearing may appeal the decision of an adjudicator on the substance of a claim, counterclaim or third party claim by filing a request for appeal by way of a new hearing (Form 16) with the clerk of the Court of Queen’s Bench in the judicial district where the matter was heard, with the filing fee required by the Rules of Court.

39(2)A request for appeal by way of a new hearing (Form 16) shall be filed within 30 days after the date of the filing of the adjudicator’s decision.

39(3)On receipt of a request for appeal by way of a new hearing, the clerk of the Court of Queen’s Bench shall

39(4)An appeal under this section shall be by way of a new hearing.

39(5)The record on appeal shall consist of all the pleadings in the small claims action.

39(6)On an appeal under this section, a judge of the Court of Queen’s Bench may, if he or she considers it appropriate, conduct the appeal in accordance with the relaxed rules of evidence prescribed under section 11 of the Act and the relaxed procedure set out under section 34 of this Regulation.

40(1)On determination of an appeal under section 39, the clerk of the Court of Queen’s Bench shall enter judgment and may issue a formal judgment of the Court of Queen’s Bench and send a copy of the decision to all parties and to the clerk of the court.

40(2)A judgment of the court filed with the Court of Queen’s Bench shall be deemed to be set aside by a subsequent judgment of the Court of Queen’s Bench that is rendered on an appeal by way of a new hearing.

40(3)A clerk shall enter an appropriate notation in the records of the court with respect to any judgment that was the subject matter of an appeal by way of a new hearing.

42(1)A party who wishes to appeal a decision of an adjudicator, other than a decision on the substance of a claim, counterclaim or third party claim, may appeal the decision by filing a notice of appeal by application (Form 17) with the clerk of the Court of Queen’s Bench in the judicial district where the small claims action is being heard, with the filing fee required by the Rules of Court.

42(2)A notice of appeal by application (Form 17) shall be filed within ten days after the date of the filing of the adjudicator’s decision.

42(3)An application under this section shall be served by the applicant on all other parties to the application at least ten days before the date of the hearing of the application.

42(4)On the hearing of an appeal under this section, a judge of the Court of Queen’s Bench may

44(1)A request for leave to appeal (Form 18) to the Court of Appeal, accompanied by the filing fee required by the Rules of Court, shall be filed with the Registrar of the Court of Appeal within 30 days after the filing of the decision of the judge of the Court of Queen’s Bench.

44(2)The appellant shall set out the grounds for appeal in the request for leave to appeal and shall attach to the form the written argument and a copy of the documentary evidence on which the appellant intends to rely.

44(3)The Registrar of the Court of Appeal shall notify the clerk of the Court of Queen’s Bench of the filing of the request for leave to appeal and the clerk of the Court of Queen’s Bench shall forward his or her file on the action to the Registrar of the Court of Appeal.

44(4)The Registrar of the Court of Appeal shall send a copy of the request for leave to appeal and the attached written argument and documentary evidence to each respondent by any means that provides proof of receipt of the copy.

44(5)A respondent has 30 days after the date of the sending of the request for leave to appeal to file with the Registrar of the Court of Appeal a written argument and a copy of the documentary evidence on which the respondent intends to rely.

44(6)The Registrar of the Court of Appeal shall send a copy of a respondent’s written argument and documentary evidence to each other party to the appeal by any means that provides proof of receipt of the copy.

44(7)A written argument shall not exceed 20 pages unless, at the request of a party, the Chief Justice of New Brunswick grants the party permission to exceed 20 pages.

44(8)Subject to subsection (9), a judge of the Court of Appeal shall dispose of a request for leave to appeal under this section on the basis of the written arguments of the parties and any other documents relevant to the appeal without hearing oral argument, unless, in the opinion of the judge of the Court of Appeal, it is appropriate to hear oral argument.

44(9)If directed by the judge of the Court of Appeal, the Registrar of the Court of Appeal shall set a time for hearing the request for leave to appeal and notify the parties of the time.

44(10) Each party shall have 30 minutes to present his or her oral argument at the hearing of the request for leave to appeal unless, at the request of a party, the judge grants the party further time.

45(1)If leave to appeal is granted, the Registrar of the Court of Appeal shall notify the parties by any means that provides proof of receipt of the notice and the appellant shall, within 30 days after the Registrar of the Court of Appeal has sent the notice, file a notice of appeal (Form 19) with him or her along with any filing fee required by the Rules of Court and shall order, at the appellant’s own expense, the transcript of evidence from the court stenographer.

45(2)The Registrar of the Court of Appeal shall send a copy of the notice of appeal to each respondent by any means that provides proof of receipt of the notice.

46(1)When a transcript of evidence is completed, the court stenographer shall forward without delay the original transcript to the Registrar of the Court of Appeal who shall notify all parties to the appeal by any means that provides proof of receipt of the notice that the transcript is completed.

46(2)If the Registrar of the Court of Appeal has not received the transcript of evidence within four months after the date of the Notice of Appeal was filed, he or she shall send a demand to the appellant by any means that provides proof of receipt of the demand, requiring the appellant to notify the Registrar of the Court of Appeal whether or not the appellant has ordered the transcript of evidence and shall send a copy of the demand to each respondent.

46(3)The appellant shall respond to the demand from the Registrar of the Court of Appeal within 30 days after it is sent and shall send a copy of his or her response to each respondent.

46(4)If the appellant indicates in the response that he or she has not ordered the transcript of evidence, the Registrar of the Court of Appeal shall send a notice to the appellant by any means that provides proof of receipt of the notice requiring the appellant to order the transcript and provide proof that the appellant has done so and shall send a copy of the notice to each respondent.

46(5)The appellant shall comply with the notice from the Registrar of the Court of Appeal within seven days after it is sent.

46(6)The Registrar of the Court of Appeal shall dismiss the appeal for delay if the appellant does not respond to the demand under subsection (2) or comply with the notice from the Registrar of the Court of Appeal within the time specified in subsection (5) and shall notify each appellant and respondent of the dismissal.

47(1)If an appellant intends to rely on a further written argument, the appellant shall, within 30 days after the date the notice was sent under subsection 46(1), file the further written argument with the Registrar of the Court of Appeal.

47(2)The Registrar of the Court of Appeal shall send a copy of the appellant’s further written argument to each other party by any means that provides proof of receipt of the copy.

47(3)If a respondent intends to rely on a further written argument, the respondent shall, within 30 days after the date a copy of the appellant’s further written argument was sent to the respondent under subsection (2), file the respondent’s written argument with the Registrar of the Court of Appeal.

47(4)If the appellant does not file a further written argument and the respondent intends to rely on a further written argument, the respondent shall, within 60 days after the date the notice was sent under subsection 46(1), file a further written argument with the Registrar of the Court of Appeal.

47(5)The Registrar of the Court of Appeal shall send a copy of the respondent’s written argument to each other party by any means that provides proof of receipt of the copy.

47(6)A further written argument shall not exceed 20 pages unless, at the request of a party, the Chief Justice of New Brunswick grants the party permission to exceed 20 pages.

48(1)When an appeal is ready for hearing, the Registrar of the Court of Appeal shall

48(2) Each party shall have one hour to present his or her oral argument at the hearing of an appeal unless, at the request of a party, the Court of Appeal grants the party further time.

48(3)On the hearing of an appeal, the Court of Appeal may

49(1)On the determination of an appeal, the Registrar of the Court of Appeal shall issue the formal judgment of the Court of Appeal, send a copy of the judgment to the parties and to the clerk of the Court of Queen’s Bench for the judicial district where the appeal was commenced.

49(2)After the determination of an appeal, the Registrar of the Court of Appeal shall return the file of the clerk of the Court of Queen’s Bench to that clerk’s office and shall return any exhibit to the party who offered it in evidence or advise the party that the exhibit is to be picked up at the office of the Registrar of the Court of Appeal.

50(1)Except as otherwise provided in this section, a document that is required to be served on a person shall be served as follows:

50(2)Service by prepaid registered mail or prepaid courier shall be deemed to have been effected if any one of the following is returned to and received by the sender:

50(3)Paragraph (2)(d) is satisfied by a written confirmation printed from the Internet Web site of the carrier that the document was delivered to the addressee at the address on the document, together with the date of delivery and the name of the person who signed for the delivery.

50(4)For the purposes of service by prepaid registered mail or prepaid courier on a corporation, the signature of any of the following is sufficient for the purposes of subsection (2):

50(5)When serving a document, it is not necessary for the server to produce the original document or for the server to have it in his or her possession.

50(6)A party who is represented by a solicitor may be served by leaving a copy of the document with his or her solicitor if the solicitor endorses on the copy his or her acceptance of service and the date of acceptance and by so doing, the solicitor shall be deemed to represent to the court that he or she has the authority of his or her client to accept service.

53(1)The service of a document may be proved by an affidavit (Form 20), sworn to or affirmed, by the person effecting the service.

53(2)If service is by prepaid registered mail or prepaid courier, and service is proved by an affidavit of service, the original or a copy of a written acknowledgement or confirmation of delivery provided for in subsection 50(2) shall be attached to the affidavit of service.

53(3)The written admission or acceptance of service by a solicitor is sufficient proof of service and need not be verified by an affidavit.

54(1)An action by or against a person under a disability shall be commenced, continued or defended in the case of

54(2)A person who is not under a disability may act as a litigation guardian for a claimant or defendant who is under a disability and shall file with the clerk a consent to act as a litigation guardian (Form 21).

54(3)A consent shall indicate

54(4)If it appears to the court that a claimant or defendant is a person under a disability and there is no committee or litigation guardian, the court may, on application or on its own motion, at any stage of a proceeding appoint a person as a litigation guardian who has no interest adverse to that of the claimant or defendant, as the case may be.

56(1)If a deceased person has no personal representative and a person wishes to commence or continue proceedings against the estate of the deceased person, the court may, on application, appoint a litigation administrator to represent the estate in the proceeding.

56(2)A litigation administrator shall take all proceedings that may be reasonably necessary for the protection of the interests of the estate.

56(3)Before making an order appointing a litigation administrator, the court may require notice to be given to any insurer of the deceased person who has an interest in the proceeding, to the Attorney General if the proceeding may impose a liability on the Consolidated Fund, and to any other person who may have an interest in the estate.

56(4)A judgment in a proceeding to which a litigation administrator is a party binds the estate of the deceased person, but has no effect against the litigation administrator in his or her personal capacity.

57(1)The court may at any time remove or replace a litigation guardian or a litigation administrator.

57(2)No settlement of a claim made by or against a person under a disability is binding on the person without approval of the court.

58(1)Interest on a debt shall be calculated at the stated rate agreed between the parties to the date of judgment.

58(2)An adjudicator may award prejudgment interest for damages to the date of judgment.

58(3)The rate of interest that a judgment is to bear from the time the judgment takes effect shall be 7% per year.

59(1)No costs shall be awarded except as provided in this Regulation.

59(2)A successful party is entitled to recover costs from the unsuccessful party.

59(3)For the purposes of this Regulation, costs shall consist of the following:

59(4)Costs may be awarded if, in the opinion of an adjudicator or a judge of the Court of Queen’s Bench or Court of Appeal, an action has been brought or defended unreasonably, but the costs ordered under this subsection shall not exceed $500.

59(5)With respect to costs awarded under subsection (4), the Court of Queen’s Bench may consider what transpired before the court, including any decision by the adjudicator, and the Court of Appeal may consider what has transpired before the court and the Court of Queen’s Bench, including any decision of an adjudicator or judge.

62(1)Subject to subsections (3) and (4), the court may, on the terms it considers just, extend or abridge the time prescribed by an order or judgment or by this Regulation.

62(2)An application for the extension of time may be made either before or after the expiration of the time prescribed.

62(3)A time prescribed by this Regulation with respect to an appeal under section 39 or section 42 may be extended, either before or after it has expired, only by a judge of the Court of Queen’s Bench.

62(4)A time prescribed by this Regulation with respect to an appeal under section 43 may be extended, either before or after it has expired, only by the Court of Appeal or a judge of the Court of Appeal.

62(5)A time prescribed by this Regulation for serving, filing or delivering a document may be extended or abridged by consent of the parties.

63(1)If a proceeding or other matter is before an adjudicator who dies, ceases to hold office, becomes incapacitated or is otherwise unable to complete or render a decision in respect of the matter, the Registrar may designate another adjudicator.

63(2)An adjudicator designated under subsection (1) shall

64(1)If an action is commenced in the wrong judicial district, a clerk may transfer the action to the correct judicial district and the action shall be deemed to have been commenced in the correct judicial district.

64(2)A clerk may transfer an action to another judicial district on the consent of the parties.

64(3)The court may, on application, transfer an action to another judicial district, if it is satisfied that there would be a hardship to the party if the action were not transferred.

64(4)If an action is transferred, the clerk shall forward all documents relating to the action to the clerk of the judicial district where the action is transferred, and the proceeding shall continue as if the claim had been filed in the judicial district to which it is transferred.

65(1)An application to transfer a small claims action to the Court of Queen’s Bench shall be in Form 22.

65(2)If a party applies to the Court of Queen’s Bench to transfer a small claims action to that Court of Queen’s Bench and files a copy of the application (Form 22) with the clerk of the court, no further proceedings shall be taken in the court until the application has been disposed of by the Court of Queen’s Bench.

65(3)An application under this section shall be served by the applicant on all other parties to the application at least ten days before the date of the hearing of the application.

66(1)An application to the court for any of the following orders shall be in Form 23:

66(2)Unless otherwise ordered by an adjudicator, an application under this section shall be served by an applicant on the other parties to an action at least ten days before the hearing date of the application, along with any supporting documentation.

66(3)Subsection (2) does not apply to an order for service in another manner.

70(1)If it is shown that a person is affected by a document, that person, on the payment of the prescribed fee, is entitled to receive a certified copy of the document from a clerk or a person authorized by a clerk.

70(2)If a certified copy is issued by a person authorized by a clerk, there shall be placed below that person’s name the words “Under written authorization of the clerk of the judicial district of _______, dated the ___ day of ________________, 20___”.

70(3)A certified copy provided by a clerk or a person authorized by the clerk is valid without proof of the appointment or authorization, signature or authority of the clerk or person.

71(1)The following fees are prescribed for the purposes of this Regulation:

71(2)The fees prescribed under this section are not payable by

73(1)A clerk shall accept a memorandum of satisfaction of judgment of the court (Form 26A) for filing if it is signed by the person entitled to the benefit of the judgment and the signature and contents are proven by affidavit.

73(2)An adjudicator may, on application, certify a memorandum of satisfaction of judgment of the court (Form 26B) and file it with the clerk if the adjudicator is satisfied that

73(3)When a memorandum of satisfaction of judgment is accepted for filing by the clerk, the clerk shall enter a satisfaction of judgment in the records of the court and, if the judgment was filed with the Court of Queen’s Bench, forward a copy of the memorandum to a clerk of the Court of Queen’s Bench.