(1)This rule does not apply to:

(2) If an action is proceeding under this rule, Rule 46 does not apply.

(1)Unless ordered otherwise, the procedure set out in this rule shall be used in an action if the following conditions are satisfied:

(2)Unless ordered otherwise, if there are two or more plaintiffs, the procedure set out in this rule shall be used if each claim, considered separately, meets the requirements of paragraph (1).

(3)Unless ordered otherwise, if there are two or more defendants, the procedure set out in this rule shall be used if the claim against each defendant, considered separately, meets the requirements of paragraph (1).

(4)Subject to paragraphs (5) to (10) and to Rule 79.01, the procedure set out in this rule may be used in any other action at the option of the plaintiff.

(5)The Notice of Action With Statement of Claim Attached (Form 16A) or the Notice of Action (Form 16B) and the Statement of Claim (Form 16C) shall indicate that the action is being brought under this rule.

(6)An action commenced under this rule continues to proceed under this rule unless

(7)If an action commenced under this rule may no longer proceed under this rule because of an amendment to the pleadings or as a result of the operation of paragraph (6),

(8)An action that was not commenced under this rule, or that was commenced under this rule but continued under the ordinary procedure, is continued under this rule if

(9)Where an action is continued under paragraph (8), the plaintiff shall immediately file with the clerk and serve on every other party a Notice Whether Action Under Rule 79 stating that the action and any related proceedings are continued under this rule.

(10)A party who abandons a claim or part of a claim or amends a pleading so that the claim, counterclaim, cross-claim or third or subsequent party claim complies with paragraph (1) may not bring the claim or part so abandoned in any other proceeding.

(1)Unless the court orders otherwise, a party to an action under this rule shall, within 30 days after the close of pleadings and at the party’s own expense, serve on every other party

(2)An Affidavit of Documents shall include a list of the names and addresses of any person who might reasonably be expected to have knowledge of matters in issue in the action unless the court orders otherwise.

(3)The solicitor’s certificate under Rule 31.03(6) shall include a statement that the solicitor has explained to the deponent the necessity for complying with paragraphs (1) and (2).

(4)A party to an action under this rule shall, within 90 days after the close of pleadings and at the party’s own expense, serve on every other party an affidavit of witness from each person who may be called to testify as a witness at trial on behalf of the party submitting the affidavit and a report from any expert who may be called to testify as an expert witness at trial on behalf of the party submitting the report.

(5)A party may, within 60 days after the expiration of the period referred to in paragraph (4) and at the party’s own expense, serve on every other party supplementary affidavits of witnesses or expert reports.

(6)Unless ordered otherwise, at the trial of the action, a party may not call as a witness a person whose affidavit of witness or expert report has not been served in accordance with paragraph (4) or (5).

(7)A party who requires the attendance at trial of the deponent of an affidavit of witness or an expert shall, within 30 days after the expiration of the period referred to in paragraph (5), serve on every other party a Notice Requiring Attendance (Form 79B). Any such attendance shall be at the expense of the party requiring such attendance. If no Notice Requiring Attendance is served, the admissible parts of the affidavit of witness or expert report, as the case may be, shall be received in evidence at the trial without the need to call the deponent or the expert and without proof of signature or qualifications of the expert.

(1)Within 5 months after the close of pleadings, the parties shall, in a meeting or telephone call, consider whether

(2)Where the parties agree to a settlement conference under Rule 50, the request for a settlement conference shall accompany the Notice of Trial and trial record filed under Rule 47.

(3)The pre-trial briefs filed in accordance with Rule 79.09 shall constitute the settlement conference brief required under Rule 50.

(4)Each party shall file with the judge conducting the settlement conference a copy of the affidavits of witnesses and expert reports that the party served on the other parties in accordance with Rule 79.06.

(1)Subject to paragraph (2), the trial of an action brought under this rule shall proceed in the ordinary manner.

(2)Affidavits of witnesses and expert reports served in accordance with Rule 79.06 may, at the discretion of any party, be used at trial without the need to call the deponent or the expert unless a party has served a Notice Requiring Attendance under Rule 79.06(7) and without proof of signature or qualifications of the expert.

(3)Except with leave of the court, direct examination at trial shall be confined to matters covered in the affidavits of witnesses and expert reports, but a party shall not examine a witness to repeat the statements in his or her affidavit.

(1)Scales 2 to 5 of Tariff ‘A’ of Rule 59 do not apply to the fixing of costs of an action that proceeded under this rule.

(2)For greater certainty, Rule 59.08(8) applies to the disbursements incurred by a party under Rule 79.06(1), (4), (5) or (7).

(1)Regardless of the outcome of the action, if this rule applies as the result of amendment of the pleadings under Rule 79.05(8), the party whose pleadings are amended shall pay the costs incurred by the opposite party up to the date of the amendment that would not have been incurred had the claim originally complied with Rule 79.05(1), unless the court orders otherwise.

(2)Paragraphs (3) to (8) apply to a plaintiff who obtains a judgment that satisfies the following conditions:

(3)The plaintiff shall not recover any costs unless

(4)Paragraph (3) applies despite the fact that the plaintiff may have made an offer to settle under Rule 49.

(5)Paragraph (3) does not apply if this rule was unavailable because of a claim, counterclaim, cross-claim or third or subsequent party claim of another party.

(6)The plaintiff may, in the trial judge’s discretion, be ordered to pay all or part of the defendant’s costs in addition to any costs the plaintiff is required to pay under Rule 49.09(2).

(7)In an action that includes a claim for an interest in real property or personal property, if the defendant objected to proceeding under this rule on the ground that the fair market value of the interest exceeded $75,000 at the date of commencement of the action and the court finds the value did not exceed that amount at that date, the defendant shall pay such additional costs as the court may order.

(8)The burden of proving that the fair market value of the interest in real property or personal property at the date of commencement of the action was $75,000 or less is on the plaintiff.