Acts and Regulations

J-2 - Judicature Act

Full text
Repealed
73.11Repealed: 2012, c.15, s.44
2009, c.28, s.10; 2009, c.51, s.2; 2012, c.15, s.44
Rules of Court
73.11(1)The Lieutenant-Governor in Council may at any time amend or repeal the provisions of the Rules of Court and may make other Rules in order to establish a procedure to be used in any cause referred to in this section and without limiting the generality of the foregoing may make rules
(a) prescribing that the procedure established under this section is the only procedure to be used for the causes referred to in subsection (2), subject to such exceptions as may be prescribed;
(b) prescribing the amount or value referred to in subsection (2);
(c) prescribing other causes in respect of which the procedure established under this section shall apply;
(d) providing for the selection of venue for the hearing of causes;
(e) prescribing the rules of evidence;
(f) providing for appeals, and limiting any right of appeal otherwise provided for in this Act or the Rules of Court;
(g) providing for costs, including costs on appeal;
(h) prescribing fees;
(i) waiving all or part of a fee and respecting the circumstances under which a fee or part of a fee may be waived;
(j) generally, with respect to any other matter that under this Act may be regulated by the Rules of Court and that is incidental to the establishment of a procedure under this section.
73.11(2)For the purposes of paragraph (1)(a), the causes are as follows:
(a) an action for debt or damages if the amount claimed does not exceed the amount prescribed in the Rules;
(b) an action for the recovery of possession of personal property if the value of the personal property does not exceed the amount prescribed in the Rules;
(c) an action for debt or damages combined with an action for the recovery of possession of personal property if the combined value of the amount claimed and the value of the personal property does not exceed the amount prescribed in the Rules.
73.11(3)The amount prescribed under paragraph (2)(a) is inclusive of interest to the date of judgment.
73.11(4)The amount claimed in the combined value prescribed under paragraph (2)(c) is inclusive of interest to the date of judgment.
73.11(5)The amounts prescribed under paragraphs (2)(a) and (b) and the combined value prescribed under paragraph (2)(c) are exclusive of costs.
2009, c.28, s.10; 2009, c.51, s.2