(1)If, on the day an action is to be tried, all of the parties fail to attend, the trial judge may dismiss the claim and counterclaim, if any.

(2)If, on the day an action is to be tried, a party fails to attend, the trial judge may

(3)A judgment obtained against a party who failed to attend at the trial may be set aside on such terms as may be just if a motion is brought without undue delay and the failure to attend is satisfactorily explained. Unless the failure to attend was not the fault of the applicant, he must satisfy the court that there is a triable issue.

(1)On motion by a party or with the consent of all parties the court may, at any time, appoint one or more independent experts to inquire into and report on any question of fact or opinion relevant to an issue in the action.

(2)The court shall select the expert to be appointed under paragraph (1) and, where possible, shall select an expert agreed upon by the parties.

(3)An order appointing an expert under paragraph (1) shall contain the instructions to be given to the expert and the court may, from time to time, make further orders as are necessary to enable the expert to carry out his instructions, including an order for the examination of a party or property and for the making of experiments and tests.

(4)The court may direct an expert to make a further supplementary report.

(5)An expert shall forward his report to the clerk and to each of the parties.

(6)Where an expert has made a report, it shall be entered at the trial.

(7)At the trial, each party may cross-examine the expert on his report.

(8)A party may call one expert to give evidence on a question of fact or opinion reported on by a court expert, but a party shall not call more than one such witness without leave of the court.

(9)The court shall fix the remuneration of a court expert, and shall include a fee for his report and a proper sum for each day that he is required to attend at trial.

(10)The court shall determine the liability of the parties to remunerate the court expert.

(11)Where a motion for the appointment of a court expert is opposed, the court may require the applicant to give security for the remuneration of the court expert.

(1)Exhibits shall be marked and numbered consecutively, and the court stenographer attending the trial shall make a list of the exhibits, describing each of them and stating by whom it was put in evidence and, where the person from whose possession it came is not a party, the and address of that person.

(2)At any time following the trial judgment, upon filing the consent of all parties represented at the trial, any party may apply to the court for delivery of all or any of the exhibits.

(3)Subject to paragraph (2), the clerk shall retain custody or control of the exhibits until

(4)Upon the expiration of 30 days after the time for an appeal the clerk shall, unless ordered otherwise, return the exhibits to the respective solicitors of record for the parties who put the exhibits in evidence at the trial.

(5)Where the exhibits are forwarded to the Registrar in accordance with Rule 62.06 the Registrar shall retain custody or control of them until

(6)When an appeal is discontinued or abandoned, upon the expiration of 30 days after the time for taking an appeal to the Supreme Court of Canada, or when the exhibits are returned from the Supreme Court of Canada, the Registrar shall, unless ordered otherwise, return the exhibits to the respective solicitors of record for the parties who put the exhibits in evidence at the trial.

(7)When the exhibits are returned to the solicitors they shall return them to the persons from whose possession they came.

(1)Subject to paragraph (2), the court may, and at the request of any party shall, exclude any witness from the courtroom until called to give evidence.

(2)An order excluding witnesses from the courtroom shall not apply

(3)Where an order is made excluding a witness from the courtroom, there shall be no communication to the witness of any evidence given during his or her absence from the courtroom, except with the leave of the court, until after the witness has been called and has given evidence.

(4)Nothing in this subrule shall preclude the court from excluding from the courtroom any person who is interfering with the proper conduct of the trial or who is otherwise improperly conducting himself.

(1)On the trial of an action, the order of presentation, unless directed otherwise by the court, shall be regulated as follows:

(2)Where the burden of proof in respect of all matters in issue in the action lies on the defendant, the trial judge may reverse the order of presentation.

(3)Where there are two or more defendants separately represented, the order of presentation shall be as directed by the trial judge.

(4)Where a party is represented by counsel, the right to address the court shall be exercised by his counsel.

(1)Where damages are to be assessed in respect of

(2)In the absence of evidence to the contrary, the discount rate to be used in determining the amount of an award in respect of future pecuniary damages is 2.5% per year.