Acts and Regulations

2012-103 - General

Section 10
Disposition versions

Full text
Duties of clerk on filing of response
10(1)On receiving a response, a clerk shall
(a) retain and file the original response, and
(b) provide a copy of the response to each claimant or the claimant’s solicitor by any means that provides proof of its receipt.
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
(a) a counterclaim for money only, if the amount claimed in the counterclaim exceeds $20,000 and the defendant has not abandoned the excess,
(b) a counterclaim for the recovery of possession of personal property only, if the estimated value of the property exceeds $20,000, or if the defendant does not include the estimated value of the property, or
(c) a counterclaim for both money and the recovery of possession of personal property, if the combined value of the amount claimed in the counterclaim and the estimated value of the personal property exceeds $20,000 and the defendant has not abandoned the excess or if the defendant does not include the estimated value of the property.
2018-23
Duties of clerk on filing of response
10(1)On receiving a response, a clerk shall
(a) retain and file the original response, and
(b) provide a copy of the response to each claimant or the claimant’s solicitor by any means that provides proof of its receipt.
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
(a) a counterclaim for money only, if the amount claimed in the counterclaim exceeds $12,500 and the defendant has not abandoned the excess,
(b) a counterclaim for the recovery of possession of personal property only, if the estimated value of the property exceeds $12,500, or if the defendant does not include the estimated value of the property, or
(c) a counterclaim for both money and the recovery of possession of personal property, if the combined value of the amount claimed in the counterclaim and the estimated value of the personal property exceeds $12,500 and the defendant has not abandoned the excess or if the defendant does not include the estimated value of the property.
Duties of clerk on filing of response
10(1)On receiving a response, a clerk shall
(a) retain and file the original response, and
(b) provide a copy of the response to each claimant or the claimant’s solicitor by any means that provides proof of its receipt.
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
(a) a counterclaim for money only, if the amount claimed in the counterclaim exceeds $12,500 and the defendant has not abandoned the excess,
(b) a counterclaim for the recovery of possession of personal property only, if the estimated value of the property exceeds $12,500, or if the defendant does not include the estimated value of the property, or
(c) a counterclaim for both money and the recovery of possession of personal property, if the combined value of the amount claimed in the counterclaim and the estimated value of the personal property exceeds $12,500 and the defendant has not abandoned the excess or if the defendant does not include the estimated value of the property.