Acts and Regulations

Rule-60 - SIGNING AND ENTERING ORDERS AND JUDGMENTS

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Full text
Current to 1 January 2024
JUDGMENTS
RULE 60
SIGNING AND ENTERING
ORDERS AND JUDGMENTS
60.01Disposition of Motions
(1)On the hearing of a motion, the judge may
(a) endorse his disposition thereof on the Notice of Motion, or
(b) direct the successful party to prepare a formal order for the judge’s signature.
(2)An order disposing of a motion takes effect when it is signed.
(3)The successful party on a motion shall file with the clerk the endorsed Notice of Motion or the order signed by the judge under paragraph (1).
60.02Decision Directing Judgment
(1)Where at a hearing or trial, a judge gives an order or decision directing judgment
(a) the court stenographer in attendance shall file a transcript or copy of the order or decision with the clerk of the judicial district in which the proceeding was commenced, and
(b) unless the judge orders otherwise, the judgment shall be dated as of the date on which the transcript or copy of the order or decision is filed and shall have effect from that date.
(2)Where, subsequent to the hearing or trial, a judge gives a written order or decision directing judgment
(a) he shall file his order or decision with the clerk of the judicial district in which the proceeding was commenced, and
(b) the judgment shall be dated as of the date when the order or decision is filed and shall have effect from that date.
(3)A clerk with whom an order or decision is filed under paragraph (1) or (2) shall forthwith send to each party or his solicitor a copy of the order or decision, endorsed with the date from which the judgment is effective.
92-3; 2010-60
60.03Preparation, Entry and Correction of Judgment
(1)A party may prepare the judgment and present it to the clerk to be signed and entered.
(2)A judgment may be signed and entered notwithstanding that costs have not been assessed.
(3)When a judgment is signed, the clerk shall
(a) enter it in the registry kept for the purpose, and
(b) mail a copy to each party who was present or represented at the hearing or trial or to his solicitor.
(4)Before judgment is entered, a party may apply on motion to the judge to vary his decision.
(5)After judgment is entered, a party may apply on motion to the court to amend the judgment where
(a) there is a clerical mistake in the judgment or an error arising from an accidental slip or omission,
(b) the judgment does not conform to the order or decision directing judgment, or
(c) the court has failed to specify the time for compliance with a judgment requiring a person to do or abstain from doing an act.
(6)Paragraphs (4) and (5) apply, with any necessary modification, to orders and decisions directing judgment and to judgments in the Court of Appeal.
85-5; 87-111; 2023-8
60.04Form of Judgment
A judgment may be in Form 60A and shall contain
(a) the style of the proceeding,
(b) its effective date,
(c) the name of the judge who directed it,
(d) recitals of
(i) the date when the hearing or trial was concluded,
(ii) any undertaking made by a party as a condition upon which the judgment was given,
(e) the operative parts of the judgment in numbered paragraphs,
(f) the signature of the clerk and the seal of the court, and
(g) the address of the person against whom the judgment is entered, if known.
60.04.1Abbreviated Judgment
(1) A party may prepare an abbreviated judgment (Form 60AA) and present it to the clerk to be signed if
(a) the judgment contains operative parts that affect an interest in or title to land or require the payment of money, and
(b) the judgment also contains operative parts that do not affect an interest in or title to land and do not require the payment of money.
(2)An abbreviated judgment shall omit the operative parts of the judgment that do not affect an interest in or title to land and do not require the payment of money.
(3)The paragraphs of an abbreviated judgment shall be given the same numbers as the corresponding paragraphs of the judgment.
(4)The clerk may sign an abbreviated judgment only after the judgment has been entered.
2019-33
60.05Time for Compliance
(1)Subject to paragraph (2) an order, decision or judgment which requires a person to do or abstain from doing an act, shall specify the time for compliance.
(2)Where a person is required by an order, decision or judgment to pay money, give possession of land, or deliver goods, the court may specify the time for compliance.
60.06Entry of Judgments on Appeal
(1)When a judgment is entered in the Court of Appeal the Registrar shall forward a copy of the judgment to the clerk of the judicial district in which the proceeding was commenced and the clerk shall make an entry of the judgment in his office.
(2)The certificate of the Registrar of the Supreme Court of Canada as to a judgment made on an appeal to that court shall be entered in the office of the Registrar of the Court of Appeal and in the office of the clerk of the judicial district in which the proceeding was commenced.
85-5
60.07Memorandum of Satisfaction
(1)A clerk may file a Memorandum of Satisfaction of Judgment (Form 60B, 60C or 60D) if
(a) it is signed by the person entitled to the benefit of the judgment and the signature and contents are proven by affidavit, or
(b) on motion to the clerk it is shown that the judgment has been satisfied and that
(i) notice of the motion was served on the person entitled to the benefit of the judgment, or
(ii) the person entitled to the benefit of the judgment could not be found after appropriate efforts to find the person had been made.
(2)An appeal from a clerk’s decision to file or not to file a Memorandum of Satisfaction of Judgment may be taken on motion to the court within 15 days after the date of the decision.
97-78; 2019-33
60.07.1Supplementary Order
(1)A clerk may issue a Supplementary Order (Form 60E) for the purposes of the Enforcement of Money Judgments Act if, on motion to the clerk, it is shown that the order should be issued and that
(a) notice of the motion was served on the judgment creditor, or
(b) the judgment creditor could not be found after appropriate efforts to find the judgment creditor had been made.
(2)The documentary evidence to be used at the hearing of the motion shall include
(a) a copy of the judgment to which the Supplementary Order is to relate,
(b) if a demand was delivered to the judgment creditor under subsection 26(2) of the Enforcement of Money Judgments Act, a copy of the demand and of the certificate or instrument that the judgment creditor had been required to grant, and
(c) if the judgment creditor could not be found, an affidavit stating the efforts that were made to find the judgment creditor.
(3)An appeal from a clerk’s decision to issue or not to issue a Supplementary Order may be taken on motion to the court within 15 days after the date of the decision.
2019-33
60.08Interest on Judgments
(1)Subject to subsection 46(2) of the Judicature Act, and unless ordered otherwise, a verdict or judgment taking effect from a date on or after March 15, 1994 bears interest at the rate of 7 per cent per year.
(2)Notwithstanding paragraph (1), where there is an agreement between parties that a special rate of interest shall be secured by the verdict or judgment, the verdict or judgment shall bear interest at that rate.
(3)Costs bear interest from the date of judgment.
94-24; 99-71