Acts and Regulations

Rule-77 - QUICK RULING

Table of contents
Full text
Current to 1 January 2024
PARTICULAR PROCEEDINGS
RULE 77
QUICK RULING
77.01Statement of Purpose
This rule is intended to provide a quick and inexpensive procedure for resolving disputes.
77.02Definitions
In this rule, unless the context requires otherwise,
dispute means a dispute between persons which is being litigated, or is likely to be litigated, under these rules, except one which may arise in a divorce or other matrimonial proceeding,
party means a person involved in a dispute whether or not a proceeding has been commenced under these rules.
77.03Special Judges
The Chief Justice of the Court of King’s Bench may assign one or more judges to be special judges for the purpose of this rule.
2022-86
77.04Request for a Quick Ruling
(1)In a dispute, where proceedings
(a) have not been commenced, or
(b) have been commenced but the pleadings are not closed,
a party may request the consent of the other party to submit the whole or any part of the dispute to a quick ruling.
(2)A request under paragraph (1) shall be made in writing and shall state
(a) that he requests a quick ruling, and
(b) that he requires the opposite party to agree in writing
(i) to a statement of facts and issues accompanying the notice, or
(ii) to have a special judge determine the facts and issues.
(3)A party served with a request under paragraph (2) shall respond in writing within 10 days.
(4)Where agreement is reached under paragraph (2)(b), the party who made the request may apply to a special judge for a quick ruling
(a) where proceedings have not been commenced, by Notice of Application, or
(b) where proceedings have been commenced, by Notice of Motion.
(5)At least 1 day before the hearing, each party shall file with the clerk and serve on each other party a written brief containing
(a) a chronological summary of relevant facts,
(b) a brief statement of the applicable law,
(c) the relief sought or his defence, as may be, and
(d) copies of documents which are relevant to the dispute.
85-5
77.05Hearing
(1)On the hearing, the special judge may
(a) where he is not satisfied that a quick ruling can be made with respect to the whole or any part of the dispute, refuse to hear it,
(b) conduct the hearing in any manner he deems fair, and may
(i) ask questions of parties, solicitors or other persons in attendance, and
(ii) receive evidence, in any form, or
(c) adjourn the hearing.
(2)The court stenographer shall file the transcript of the hearing with the clerk.
2010-60
77.06Judgment
(1)The special judge shall give a decision at the hearing or within 30 days thereafter and shall file a copy with the clerk.
(2)If the special judge decides to make a quick ruling, he may
(a) rule with respect to the whole or any part of the dispute,
(b) assess any damages, or give directions for an assessment, and
(c) make an order as to costs.
(3)If a special judge decides that the dispute is not one upon which a quick ruling can be made, he may treat the hearing as a conference between the parties and
(a) recite the results of the conference, and
(b) give directions which he considers necessary or advisable with respect to resolving the dispute.
77.07Non-Acceptance of Quick Ruling
(1)Within 5 days after a quick ruling is given, a party may file with the clerk and serve on every party a Notice of Non-Acceptance of Quick Ruling (Form 77A).
(2)If a Notice of Non-Acceptance is filed under paragraph (1), the clerk shall not permit anyone except the parties to see either the transcript or the quick ruling, unless the special judge orders otherwise and the documents relating to the quick ruling shall not be included or referred to in the trial record.
(3)The transcript of the hearing may be used in cross-examination at a subsequent trial or hearing with respect to the dispute.
(4)If a party files and serves a Notice of Non- Acceptance under paragraph (1), and the result of a subsequent trial or hearing with respect to the dispute is
(a) the same as the quick ruling, or
(b) less advantageous than the quick ruling to that party,
then, unless ordered otherwise, any costs which he is ordered to pay shall be increased by the clerk by 50% and any costs ordered to be paid to him shall be decreased by the clerk by 50%.
77.08Acceptance of Quick Ruling
A party who does not file and serve a Notice of Non-Acceptance shall be deemed to accept the quick ruling.
77.09Signing and Entering Final Judgment
If all parties accept or are deemed to accept the quick ruling, any of them may prepare a Judgment on Quick Ruling (Form 77B) and present it to the clerk to be signed and entered.
77.10Appeals
(1)A decision of a special judge under this rule cannot be appealed.
(2)A judgment signed and entered under Rule 77.09 may be appealed on procedural grounds only.
77.11Limitation on Special Judges
A special judge who conducts a hearing under this rule shall not participate in any subsequent proceeding involving the same or any part of the same dispute, unless the Chief Justice of the Court of King’s Bench orders otherwise.
85-5; 2022-86