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Rule-6
- CONSOLIDATION OR TRIAL OR HEARING TOGETHER
Table of contents
Enabling Acts
2
Regulation number
Title
J-2
Judicature Act
P-22.1
Provincial Offences Procedure Act
Full text
Current to 1 January 2024
PARTIES AND JOINDER
RULE 6
CONSOLIDATION OR TRIAL
OR HEARING TOGETHER
6.01
Where Order May Be Made
(1)
Where two or more proceedings are pending and it appears to the court that
(
a
)
they have a question of law or fact in common,
(
b
)
the relief claimed in them arises out of the same transaction or occurrence or series of transactions or occurrences, or
(
c
)
for any other reason an order ought to be made under this rule,
the court may order that
(
d
)
the proceedings be consolidated, or tried or heard at the same time or one immediately after the other, or
(
e
)
any of the proceedings be
(i
)
stayed until after the determination of any other of them, or
(ii
)
asserted by way of counterclaim in any other of them.
(2)
In an order under paragraph (1), the court may give directions to avoid unnecessary costs or delay and, for that purpose, the court may dispense with service of a notice of trial and may vary the procedure for setting an action down for trial.
(3)
An order for the trial or hearing together of two or more proceedings, or for the trial or hearing of one immediately after the other, is subject to the discretion of the trial judge.
Rule 6: 86-87
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