Newfoundland and Labrador Gazette, Part I — 28 May 2010, Vol. 85, No. 21 — Mineral Act Notice

NLG 2010-05-28

Newfoundland and Labrador — Gazette

193 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 85 ST. JOHN’S, FRIDAY, MAY 28, 2010 No. 21 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, cM-12, RSNL 1990 as amended. Mineral License 010092M 010093M Held by SVB Nickel Company Ltd Situate near Ross Lake On map sheet 13N/05 A portion of license 016168M Held by SVB Nickel Company Ltd Situate near East of Notakwanon River On map sheet 13M/09 more particularly described in an application on file at Department of Natural Resources Mineral License 015697M Held by Paragon Minerals Corporation Situate near Jonathans Pond, Central NL On map sheet 02E/02 Mineral License 015742M Held by Gary E.

Lewis(34%)/Cyril Reid(33%)/ Paul Chafe(33%) Situate near Jonathans Pond, Central NL On map sheet 02E/02 A portion of license 012068M Held by Paragon Minerals Corporation Situate near Dans Pond, Central NL On map sheet 02E/02 more particularly described in an application on file at Department of Natural Resources A portion of license 017604M Held by Golden Do ry Resources Corp. Situate near Northwest Gander River, Central NL On map sheet 02D/05 02D/12 more particularly described in an application on file at Department of Natural Resources Mineral License 010779M Held by Mega Uranium Ltd.

Situate near Nipishish Lake On map sheet 13K/07 Mineral License 010780M Held by Mega Uranium Ltd. Situate near West Micmac Lake On map sheet 13K/08 13K/09 Mineral License 010781M Held by Mega Uranium Ltd. Situate near West Micmac Lake On map sheet 13K/09 Mineral License 011753M Held by Fraser, Garry B. Situate near Jacksons Arm, White Bay Area On map sheet 12H/15 Mineral License 013059M Held by Noel, E. Michele Situate near Northwest Gander River, Central NL On map sheet 02D/11 Mineral License 015720M 015721M Held by Metals Creek Resources Corp. Situate near Birchy Lake, Central NL On map sheet 12H/07

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 28, 2010 194 Mineral License 013077M Held by Metals Creek Resources Corp. Situate near Jacksons Arm, White Bay On map sheet 12H/15 Mineral License 013092M Held by Quinlan, Eddie Situate near Grand Beach, Burin Peninsula On map sheet 01M/03 01M/04 Mineral License 017054M Held by Golden Do ry Resources Corp. Situate near St. Lawrence Area, Burin Peninsula On map sheet 01L/14 A portion of license 013465M 017681M 017682M Held by Metals Creek Resources Corp.

Situate near Gabbro Lake On map sheet 23H/12 23H/11 more particularly described in an application on file at Department of Natural Resources A portion of license 013469M Held by Metals Creek Resources Corp. Situate near Way Bay On map sheet 23H/12 23H/11 more particularly described in an application on file at Department of Natural Resources A portion of license 013470M Held by Metals Creek Resources Corp.

Situate near McKay Lake On map sheet 23H/12 23H/11 more particularly described in an application on file at Department of Natural Resources Mineral License 014572M Held by Quinlan, Marilyn Situate near Harmsworth Steady, Central NL On map sheet 12A/10 Mineral License 014576M Held by Hicks, Darrin Situate near Pipestone Pond, Central NL On map sheet 12A/08 Mineral License 014577M Held by Hicks, Darrin Situate near Northeast Adies River, Western NL On map sheet 12H/11 Mineral License 014578M Held by Hicks, Darrin Situate near Wild Bight, Central NL On map sheet 02E/12 Mineral License 015893M Held by Altius Resources Inc. (50%)/ Cornerstone Resources Inc. (50%) Situate near Snelgrove Lake On map sheet 23I/12 Mineral License 015894M Held by Altius Resources Inc. (50%)/ Cornerstone Resources Inc. (50%) Situate near Seward Lake On map sheet 23I/05 23I/12 Mineral License 015895M Held by Altius Resources Inc. (50%)/ Cornerstone Resources Inc. (50%) Situate near Seward Lake On map sheet 23I/05 23I/12 Mineral License 015896M Held by Altius Resources Inc. (50%)/ Cornerstone Resources Inc. (50%) Situate near Wet Lake On map sheet 23I/05 Mineral License 015897M Held by Altius Resources Inc. (50%)/ Cornerstone Resources Inc. (50%) Situate near Wet Lake On map sheet 23I/05 Mineral License 014596M Held by Altius Resources Inc. (50%)/ Cornerstone Resources Inc. (50%) Situate near Lean Lake On map sheet 23J/16 23I/13 Mineral License 015898M Held by Altius Resources Inc. (50%)/ Cornerstone Resources Inc. (50%) Situate near Wade Lake On map sheet 23I/05 A portion of license 014848M Held by Noel, E.

Michele Situate near Greenwood Pond, Central NL On map sheet 02D/11 more particularly described in an application on file at Department of Natural Resources A portion of license 014849M Held by Noel, E.

Michele Situate near Greenwood Pond, Central NL On map sheet 02D/11 more particularly described in an application on file at Department of Natural Resources Mineral License 015830M Held by Turpin, Alec Situate near Long Pond, Eastern NL On map sheet 01M/16 Mineral License 015831M Held by Turpin, Alec Situate near Whitehead Pond, Southern NL On map sheet 02D/01 Mineral License 015837M Held by Ryan, Kevin Situate near Glovertown, Eastern NL On map sheet 02D/09 Mineral License 015838M Held by Cooper, Gordon E.

Situate near Alexander Bay, Eastern NL On map sheet 02D/16 Mineral License 015839M Held by Stares, Shane Situate near Cloud River, Great Northern Peninsula On map sheet 12I/09 12I/16

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 28, 2010 195 Mineral License 015842M Held by Lannon, George Situate near Kings Point, Central NL On map sheet 12H/09 Mineral License 015848M Held by Quinlan, Eddie Situate near Noble Pond, Baie Verte Peninsula On map sheet 02E/13 Mineral License 015849M Held by Stares, Alexander T. Situate near Noble Pond, Baie Verte Peninsula On map sheet 02E/13 Mineral License 015854M Held by Pathfinder Resources Ltd. Situate near Bluff Head Brook, Western NL On map sheet 12B/15 Mineral License 015855M Held by Stares, Alexander T.

Situate near Fox Island River, Western NL On map sheet 12B/16 Mineral License 015856M Held by Stares, Alexander T. Situate near Fox Island River, Western NL On map sheet 12B/16 Mineral License 015857M Held by Gordon, Troy Situate near Hawkes Bay, Great Northern Peninsula On map sheet 12I/11 Mineral License 015858M Held by Stares, Shane Situate near Torrent River, Great Northern Peninsula On map sheet 12I/10 Mineral License 015859M Held by Stares, Shane Situate near Cloud River, Great Northern Peninsula On map sheet 12I/16 Mineral License 015860M Held by Benton Resources Corp.

Situate near Whitehead Pond, Southern NL On map sheet 02D/01 The lands covered by this noti ce except for the lands within Exempt Mineral Lands, the Exempt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/2000, 36/2001, 31/2004,78/2006, 8/2008 and 28/ 2009 and outlined on 1:50 000 scale digital maps maintained by the Department of Natural Resources, will be open for staki ng after the hour of 9:00 a.m. on the 32 nd clear day after the date of this publication.

JIM HINCHEY P.Geo Manager - Mineral Rights File #: 774:0927, 1917, 4531, 4648, 4939, 6031, 6032, 6033, 6770, 7917, 7931, 7934, 7949, 7975, 8297, 8301, 8302, 9308, 9312, 9313, 9314, 9327, 9328, 9329, 9330, 9331, 9332, 9333, 9524, 9525, 775:0101, 0102, 0103, 0104, 0105, 0108, 0114, 0115, 0120, 0121, 0122, 0123, 0124, 0125, 0126 May 28 QUIETING OF TITLES ACT 2010 04T 0179 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION IN THE MATTER OF that piece or parcel of land situate and being at Bear Cove Pond, in the Community of Red Rocks, in the Province of Newfoundland and Labrador AND IN THE MATTER OF the Application of MARJORY YOUNG for a Certificate of Title of the said piece or parcel of land pursuant to the Quieting of Titles Act, RSNL. 1990, cQ-3, as amended NOTICE Notice is hereby given to all persons that MARJORY YOUNG and the Estate of JEAN BALFOUR, as Applicants, have applied to the Supreme Court of Newfoundland and Labrador, Trial Division, at Corner Brook, Newfoundland and Labrador, to have investigated the title to ALL THAT piece or parcel of land situate and being at Bear Cove Pond, in the Community of Red Rocks, in the Province of Newfoundland and Labrador, and further bounded and described as set forth in the

Schedule “A” attached hereto; and for a Declaration that the said Applicants are the absolute owners thereof and the said Applicants have been ordered to publish a notice of the Application as required by the above named Act.

All persons having title adverse to the said title claimed by the said Applicants shall file with the Deputy Registrar of the Supreme Court of Newfoundland and Labrador, Trial Division, at Corner Brook, Newfoundland and Labrador, particulars of such adverse claim and serve same together with an Affidavit verifying the same to the undersigned solicitor for the Applicants on or before the 29 th day of June, 2010, after which date no party having any claim shall be permitted to file the same or be heard except by leave of the Court and subject to such terms and conditions as the Court may deem just.

All such adverse claims shall then be investigated in such manner as the Court may direct. DATED at the City of Corner Brook, in the Province of Newfoundland and Labrador, this 19 th day of May, 2010. POOLE ALTHOUSE Solicitor for the Applicants PER: J. Annette Bennett

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 28, 2010 196 ADDRESS FOR SERVICE IS: 49-51 Park Street P.O. Box 812 Corner Brook, NL A2H 6H7 Tel: (709) 634-3136 Fax: (709) 634-8247/9815

SCHEDULE “A” Description of Land Surveyed for Marjory Young Red Rocks Newfoundland and Labrador All that piece or parcel of land situate and being at Red Rocks, District of St.

George’s-Stephenville East, Newfoundland and Labrador, Canada abutted and bounded as follows, That is to say, Beginning at a point having grid coordinates N 5280736.123E 244784.035 as related to Control Monument number 82G2348, Thence by Crown Land and Harold Janes or Assigns N 16° 58’ 40” E a distance of 1153.710 metres, Thence by land of Harold Janes or Assigns, and Crown Land N 66° 01’ 20” W a distance of 551.994 metres, Thence by Crown Land S 15° 38’ 27” W a distance of 1156.231 metres, Thence S 29° 21’ 33” E a distance of 201.170 metres, Thence S 84° 08’ 56” E a distance of 382.563 metres to the point of beginning, Reserving nevertheless from the above described parcel of land the land under Bear Cove brook and a reservation, 10 metres wide, on either side of the Bear Cove Brook running through the property, and a Road Reserve, 20 metres wide, as shown as well as land owned by Willoughby Munden, R.

Chevalier, Gordon Loder, Richard Hardy, Greg Hardy and the Roman Catholic Episcopal Corporation of Corner Brook and Labrador described as follows; Willoughby Munden All that piece or parcel of land situate and being at Red Rocks, District of St.

George’s-Stephenville East, Newfoundland and Labrador, Canada abutted and bounded as follows, That is to say, Beginning at a point having grid coordinates N 5281047.720E 244384.583 as related to Control Monument number 82G2348, Thence by Marjory Young S 13° 28’ 04” E a distance of 95.399 metres, Thence N 71° 34’ 33” E a distance of 59.211 metres to a point in the limit of a reservation 10, metres wide, along the shore of Bear Cove Brook, Thence following the said reservation, 10 metres wide, along the shore of Bear Cove Brook in a general northerly direction to a second point in the reservation being N 4° 39’ 00” W a distance of 122.177 metres, from the last mentioned point, Thence by the sideline of a Road Reserve, 20 metres wide, S 55° 08’ 13” W a distance of 83.471 metres to the point of beginning, The herein described piece or parcel of land contains an area of 7491.2 square metres and is more particularly delineated on the plan number 8115-1R1 hereto attached, R.

Chevalier All that piece or parcel of land situate and being at Red Rocks, District of St.

George’s-Stephenville East, Newfoundland and Labrador, Canada abutted and bounded as follows, That is to say, Beginning at a point having grid coordinates N 5280950.455E 244304.834 as related to Control Monument number 82G2348, Thence by land of Marjory Young S 29° 21’ 33” E a distance of 9.766 metres, Thence S 86° 46’ 23” E a distance of 19.397 metres, Thence N 31° 10’ 14” E a distance of 34.303 metres, Thence N 31° 53’ 51” W a distance of 36.155 metres, Thence S 49° 36’ 33” W a distance of 12.961 metres, Thence S 48° 18’ 59” W a distance of 2.127 metres, Thence S 15° 38’ 27” W a distance of 42.334 metres to the point of beginning, The herein described piece or parcel of land contains an area of 1527.6 square metres, and is more particularly delineated on the plan number 8115-1R1 hereto attached, Gordon Loder Richard Hardy Greg Hardy All that piece or parcel of land situate and being at Red Rocks, District of St.

George’s-Stephenville East, Newfoundland and Labrador, Canada abutted and bounded as follows, That is to say, Beginning at a point having grid coordinates N 5281890.925E 245005.412 as related to Control Monument number 82G2348, Thence by land of Marjory Young S 24° 15’ 45” W a distance of 81.720 metres, Thence S 52° 56’ 37” W a distance of 49.182 metres, Thence N 65° 14’ 08” W a distance of 56.030 metres, Thence by the sideline of a road reserve N 35° 55’ 52” E a distance of 48.200 metres, Thence N 24° 15’ 49” E a distance of 86.614 metres,

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 28, 2010 197 Thence by land of Gordon Loder S 66° 01’ 20” E a distance of 69.886 metres to the point of beginning, The herein described piece or parcel of land contains an area of 8768.0 square metres, and is more particularly delineated on the plan number 8115-1R1 hereto attached, Roman Catholic Episcopal Corporation of Corner Brook and Labrador All that piece or parcel of land situate and being at Red Rocks, District of St.

George’s-Stephenville East, Newfoundland and Labrador, Canada abutted and bounded as follows, That is to say, Beginning at a point having grid coordinates N 5281036.041E 244614.550 as related to Control Monument number 82G2348, Thence by land of Marjory Young S 57° 14’ 50” W a distance of 63.171 metres, Thence by the sideline of a Road Reserve, 20 metres wide, N 27° 08’ 24” W a distance of 65.318 metres, Thence by land of Marjory Young N 57° 14’ 50” E a distance of 56.782 metres, Thence S 32° 45’ 10” E a distance of 65.005 metres to the point of beginning, The herein described piece or parcel of land contains an area of 3898.7 square metres and is more particularly delineated on the plan number 8115-1R1 hereto attached, The parcel of land owned by Marjory Young is subject to a portion of a pole line easemen t, 38.1 metres wide, passing through the southern part of the property as shown, The herein described piece or parcel of land contains an area of 56.034 hectares and is more particularly delineated on the plan number 8115-1R1 hereto attached, All bearings refer to the meridian of fifty-eight degrees thirty minutes west longitude of the Three Degree Transverse Mercator Projection (NAD83).

Robin C. Davis Newfoundland Land Surveyor March 4, 2010 Stephenville Crossing, NL May 28

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 28, 2010 198 2010 01T 2719 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION Notice of Application under the Quieting of Titles Act , RSNL 1990, cQ-3, as amended; Notice is hereby given to all parties that CITY REALTY LIMITED has applied to the Supreme Court of Newfoundland and Labrador, Tria l Division, at St. John’s, to have title to all that piece or parcel of land situate and being on the northwestern side of Blackmarsh Road, in the City of St. John’s, in the province of Newfoundland and Labrador, as more particularly described and set forth in the

Schedule hereunto annexed marked “A” of which the Applicant claims to be the ow ner, investigated and for a Declaration that City Realty Limited is the absolute owner thereof. By a Deed of Conveyance dated May 23, 1940 and registered at Volume 153, Folio 576 at the Registry of Deeds for the province of Newfoundland and Labrador, City Realty Limited acquired the subject property from Sarah Maud Stone. The Applicant has been orde red to publish notice of the application as required by the above named Act.

All persons having title adverse to the said title claimed by the Applicant shall file in the Registry of the Supreme Court of Newfoundland and Labrador at St. John’s particulars of such adverse claim and serve the same together with an Affidavit verifying same on the undersigned solicitors for the Applicant on or before the 2 nd day of July, 2010, after which date no party having any claim shall be permitted to file the same or be heard except by leave of the Court and subject to such conditions as the Court may deem just.

All such adverse claims shall be then investigated as the said Supreme Court of Newfoundland and Labrador at St. John’s may direct. DATED AT the City of St. John’s, in the province of Newfoundland and Labrador, this 19 th day of May, 2010. FRENCH, NOSEWORTHY & ASSOCIATES Solicitors for the Applicant PER: Christopher E. Gill ADDRESS FOR SERVICE Suite 122, Elizabeth Towers 100 Elizabeth Towers St. John’s, NL A1B 1S1 Tel: (709) 754-1800 Fax: (709) 754-2701 R. Young NLS Sept 2009

SCHEDULE “A” ALL THAT piece or parcel of land situate and being to the northwest of Blackmarsh Road in the City of St.

John’s in the Province of Newfoundland and Labrador being bounded and abutted as follows, that is to say beginning at a point said point having coordinates of North 5,266,077.048 and East 321, 638.600 thence extending along the North West limit of Blackmarsh Road South 41 degrees 53 minutes 28 s econds West, 161.013 meters; thence by lands now or formerly of the Estate of Sarah Pope, North 48 degrees, 28 minutes, 20 seconds West, 543.419 meters, thence by crown lands, North 41 degrees, 55 minutes, 25 seconds East, 160.913 meters; thence by a road reserve 20.12 meters wide, South 48 degrees, 28 minutes, 20 seconds East, 553.120 meters, to the principal point of beginning; THE ABOVE described parcel c ontains in all an area of 8.901 hectacres and is more particularly shown on the attached plan no. 0975.

SUBJECT TO the abandoned railway and pole line right of way 30.48 meters wide extendi ng across the said lands as shown. All bearings being referred to Grid North NAD 83.

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 28, 2010 199 May 28

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 85 ST. JOHN’S, FRIDAY, MAY 28, 2010 No. 21 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 28/10 NLR 29/10 NLR 30/10 NLR 31/10

The Newfoundland and Labrador Gazette May 28, 2010 161 NEWFOUNDLAND AND LABRADOR REGULATION 28/10 Proclamation bringing the Act into force (SNL 2009 c16) (June 1, 2010) under

An Act to Amend the Judicature Act (O.C 2010-142) (Filed May 25, 2010) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. JOHN C. CROSBIE Lieutenant Governor DON BURRAGE Deputy Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 12 of “

An Act to Amend the Judicature Act, “ SNL2009 c16 (the “Act”) it is provided that the Act shall come into force on a day to be fixed by Proclamation of Our Lieu- tenant Governor in Council; AND

WHEREAS it is deemed expedient that the Act shall come into force; NOW KNOW YE, THAT WE, by and with the advice of Our Execu- tive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that “

An Act to Amend the Judicature Act”, SNL2009 c16, shall come into force on June 1, 2010. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.

The Newfoundland and Labrador Gazette May 28, 2010 162 IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable John Carnell Crosbie, Member of the Privy Council of Canada, Officer of the Order of Canada, Chancellor of the Order of Newfoundland and Labrador, and one of Her Majesty’s Counsel learned in the law, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St.

John's this 6th day of May in the year of Our Lord two thousand and ten in the fifty-ninth year of Our Reign. BY COMMAND, SANDRA N. BARNES Deputy Registrar General

The Newfoundland and Labrador Gazette May 28, 2010 163 NEWFOUNDLAND AND LABRADOR REGULATION 29/10 Family Division Judicial Area Regulations under the Judicature Act (O.C. 2010-152) (Filed May 25, 2010) Under the authority of subsection 43.5(2) of the Judicature Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, May 25, 2010. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2. Judicial Area 3. Commencement

Schedule 1. These regulations may be cited as the Family Division Judicial Area Regulations. 2. The area set out in the

Schedule is designated as a judicial area in which the Supreme Court of Newfoundland and Labrador Trial Divi- sion - Family Division shall operate.

Short title Judicial Area

Family Division Judicial Area Regulations 29/10 The Newfoundland and Labrador Gazette May 28, 2010 164 3. These regulations come in to force on June 1, 2010.

Schedule All the area from Grey River west along the South coast of the island portion of Newfoundland and Labrador to Channel-Port aux Basques, then north to include the whole of the Great Northern Peninsula and west to the turnoff of the Trans Canada Highway to routes 420 and 421 to Jackson’s Arm and the Beaches re spectively, to include all of the communities along both routes 420 and 421. ©Earl G. Tucker, Queen's Printer Commencement

The Newfoundland and Labrador Gazette May 28, 2010 165 NEWFOUNDLAND AND LABRADOR REGULATION 30/10 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed May 25, 2010) Under the authority of

section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following rules. Dated at St. John’s, May 21, 2010. Christopher P. Curran, Q.C. Registrar of the Supreme Court Secretary, Rules Committee RULES Analysis 1. Rule 1.03 Amdt.

Definitions 2. Rule 4.01 Amdt. Form 3. Rule 5.04 Amdt. Commencing a proceeding (Application) 4. Rule 5A.01 Amdt.

Interpretation 5. Rule 5A.02 Amdt. Entry of judgment 6. Rule 7A.01 Amdt.

Interpretation 7. Rule 18A.02 Amdt.

Definitions 8. Form 47.01D R&S 9. Rule 53A.01 R&S Notice of appeal not a Stay 10. Rule 53A.02 R&S Judge on application may stay an order 11. Rule 54.04 R&S Appeals 12. Rule 55.35 Amdt. Time and contents of appeal 13. Form 56.04A R&S

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 166 14. Form 56.05A R&S 15. Rule 56A.01 Amdt.

Definitions of terms 16. Rule 56A.02 Amdt.

Interpretation 17. Rule 56A.03 R&S When hearings may be held in private 18. Rule 56A.06 Amdt. Starting a family law proceed- ing 19. Rule 56A.07(2) Amdt. Joining 2 or more claims 20. Rule 56A.09 Amdt. Location, transfer of family law proceedings 21. Rule 56A.12(2) Amdt. How to oppose a claim and make a claim against the ap- plicant 22. Rule 56A.14 R&S How to reply to a response 23. Rule 56A.21 Amdt. How case management works 24. Rule 56A.23 Amdt. How to set a trial or hearing date 25. Rule 56A.25 Amdt. Judgments and orders 26. Rule 56A.28 Amdt. Child support 27. Rule 56A.42 R&S How to apply for a divorce 28.

Rule 56A.46 Amdt. Judgment of divorce 29. Rule 56A.58 Amdt. Documents required in claim for child support 30. Rules 56A.72 to 56A.87 renumbered as Rules 56A.77 to 56A.92 31. Rules 56A.72 to 56A.76 Added 56A.72 Settlement conference 56A.73 Trial readiness Inquiry 56A.74 Proceedings 56A.75

Summary judgment 56A.76 Judicial case conference 32. Rule 56A.81 Amdt. Commencing an application for the return of a child 33. Rule 56A.82 Amdt. Service of the application 34. Rule 56A.83 R&S Notice to the central author- ity and the contact judge 35. Form 56A.06A R&S 36. Form 56A.06B R&S 37. Form 56A.12A R&S 38. Form 56A.15A R&S 39. Form 56A.16A R&S 40. Form 56A.21A R&S 41. Form 56A.21B Added 42. Form 56A.24A R&S 43. Form 56A.24C R&S 44. Form 56A.25A Added 45. Form 56A.25B Added 46. Form 56A.27A R&S 47. Form 56A.46A R&S 48. Form 56A.58A R&S 49. Forms 56A.76A, 56A.76B and 56A.78A Rep. 50. Form 56A.81A Added 51.

Form 56A.81B Added 52. Form 56A.83A Added 53. Rule 56B Rep. Proceedings in the Unified Family Court 54. Rule 56C.01 Amdt.

Definitions 55. Rule 58 heading R&S RULE 58 CIVIL APPEALS - GENERAL DIVISION 56. Rule 58.01 R&S Rule 57 applies with neces- sary changes 57. General Forms Amdt. 58. Commencement 1.

(1) The Rules of the Supreme Court, 1986 are amended by adding immediately after rule 1.03(

c) the following: (c.1) "Court" means

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 167 (

i) the Trial Division, or (ii) either or both of the General Division and Family Divi- sion, as the context may require;

(2) The rules are amended by adding immediately after rule 1.03(

g) the following: (g.1) "Family Division" means the division of the Trial Division constituted as the Family Division under subsection 21(2) of the Judicature Act; (g.2) "General Division" means the division of the Trial Division constituted as the General Division under subsection 21(2) of the Judicature Act;

(3) The rules are amended by de leting the word "and" at the end of rule 1.03(

v) and by adding immediately after that rule the following: (v.1) "Trial Division" means th e Supreme Court of Newfoundland and Labrador, Trial Division constituted under

section 20.1 of the Judicature Act and consisting of the General Division and the Family Division; and 2. Rule 4.01(3) of the rules is repealed and the following substi- tuted:

(3) All proceedings started in the province over which the Gen- eral Division has jurisdiction shall be titled, "In the Supreme Court of Newfoundland and Labrador, Trial Division (General)" and proceed- ings started in the province over which the Family Division has juris- diction shall be titled, "In the Supreme Court of Newfoundland and Labrador, Trial Division (Family)". 3. Rule 5.04(3) of the rules is repealed and the following substi- tuted:

(3) The file number assigned to a proceeding in the General Division shall consist of the year of issue, a number to identify the

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 168 judicial centre where the proceedin g is commenced followed by the letter "G" as follows: 01G St. John’s 03G Grand Falls 04G Corner Brook 05G Gander 06G Grand Bank 08G Happy Valley-Goose Bay and then followed by the consecutive number of the proceeding in the order of filing in the Registry of the judicial centre where the proceed- ing is commenced. 4.

(1) Rule 5A.01(1)(

a) of th e rules is repealed and the follow- ing substituted: (a) "adjudicating body" means th e Court, the Provincial Court of Newfoundland and Labrad or, the Workplace, Health, Safety and Compensation Commission or the Minister of Fi- nance, as the case may be;

(2) Rule 5A.01(1)(

e) of the rules is repealed and the follow- ing substituted: (e) "electronic seal" means a scr eened image of the Seal of the Court which is used by software applications authorized by the Registrar that are protected by a password to which only the Registrar or persons designated by the Registrar have ac- cess; 5. Rule 5A.02(1) of the rules is repealed and the following sub- stituted: Entry of judgment 5A.02.

(1) Where a judgment claimant seeks to enforce payment of a fine, late payment penalty, forfeiture, assessment or tax by causing a judgment of the Court to be entered against the person liable to pay it, the judgment claimant shall, using the certificate template, file in the registry in the Judicial Centre of St . John’s a certificate, verified by the signature or the electronic signature of a designated certifying official, certifying

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 169 (

a) the name and current known address of the person who is subject to and liable to pay the fine, late payment penalty, forfeiture, assessment or tax; (

b) the fact that the fine, late payment penalty, forfeiture, as- sessment or tax as the case may be, was imposed and the amount or amounts thereof as well as the date of imposition and the date when it became payable; (

c) the fact that the fine, late payment penalty, forfeiture, as- sessment or tax or any portion thereof (and if a portion, the amount of that portion) was not paid within the time allowed for payment; (

d) the amount or amounts for which judgment is sought to be entered; and (

e) that the person making the certificate has kn owledge of the information in the certificate and has been duly authorized to make the certificate and to request that the amount claimed be entered as a judgment or to file it as a judgment of the court. 6. Rule 7A.01(3) of the rules is repealed and the following sub- stituted:

(3) The rules of court and the general practice and procedure of the General Division shall apply to class proceedings unless they are inconsistent with the Act or this rule. 7. Rule 18A.02(2) of the rules is repealed and the following substituted:

(2) This rule does not apply to (

a) a family law proceeding to wh ich Rule 56A or 56C applies; (

b) a class proceeding to which Rule 7A applies; or (

c) any other proceeding which has been exempted by order. 8. Form 47.01D of the rules is repealed and the following sub- stituted:

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 170 Form 47.01D (rule 47.01(2)(c)) 20_____ No. _____ In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) (Title of proceeding) Letter of Request for Examination of Witness Out of the Jurisdiction To the Judicial Authority of __________ in the __________ of __________

WHEREAS a proceeding is now pending in the Supreme Court of Newfoundland and Labrador, Trial Division (General / Fam- ily) in which, A.B., is plaintiff and C.D., is defendant, and in which the plaintiff claims __________ AND

WHEREAS it has been represented to the Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties that the following persons should be examined, upon oath or affirmation touching such matters, namely A.B. of __________, and C.D. of __________ and such other persons as the solicitors or agents of the parties shall mutually request you in writing to examine, and it appears that such persons are resident within your jurisdiction.

NOW THEREFORE I, M.N., a Judge of the Supreme Court of Newfoundland and Labrador, Trial Division, hereby request that for the reasons aforesaid and for the assi stance of the Court, you will be pleased to summon the solicitors or agents of the parties and the per- sons to be examined, to attend at such time and place as you shall ap- point, either before you or such other person as according to your pro- cedure is competent to take the exam ination of witnesses, and that you will cause such person to be examined orally or by interrogatories touching the matters in question, in the presence of the solicitors or agents of the plaintiff and defendant, or such of them as shall, on due notice given, attend the examination.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 171 AND I FURTHER REQUEST THAT you will permit the solicitors or agents of any party, or such of them as shall be present to examine orally or by interrogatori es, any person, as may, after due notice in writing, be produced on his or her behalf, and the opposing party to cross-examine the person orally or by interrogatories, and the party producing the person for examination to re-examine him or her orally or by interrogatories.

AND I FURTHER REQUEST THAT you will be pleased to cause the evidence of any such person to be reduced into writing, and any book, letter, paper and document produced on the examination to be duly marked for identification, and that you will be further pleased to authenticate the depositions taken on the examination and any book, letter, paper or document, or a certified copy of the same or any extract therefrom by the seal of your tribuna l or in such other ways as is in accordance with your procedure, and to return the same, together with any interrogatories and a note of the charges and expenses payable in respect of the execution of this requ est to the Under Secretary of State for External Affairs of Canada at __________, Ottawa, Canada, for transmission to the Registrar of the Supreme Court of Newfoundland and Labrador, at __________, Newfoundland and Labrador.

AND I FURTHER REQUEST THAT you will cause the examination to be conducted in acco rdance with the en closed instruc- tions, with such modifications as may be necessary. Dated at ___________, Newfoundland and Labrador, this ______ day of _______, 20_____. A Judge of the Supreme Court of Newfoundland and Labrador, Trial Division. 9. Rule 53A.01 of the rules is repealed and the following substi- tuted: Notice of appeal not a Stay 53A.01. The filing of a Notice of Appeal to the Court of Appeal from an order of the Court shall not operate as a stay of the order.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 172 10. Rule 53A.02 of the rules is repealed and the following substi- tuted: Judge on application may stay an order 53A.02.

A judge of the Trial Division on the application of a party to an appeal to the Court of Appeal from an order of the Court may stay the order appealed from pending the disposition of the appeal and may stay any order of or proceeding before a judge of the Provincial Court or a tribunal in respect of which an order of the Court granting or refus- ing relief under Rule 54 or otherwise has been appealed. 11. Rule 54.04 of the rules is repealed and the following substi- tuted: Appeals 54.04. An appeal shall lie from an order of the Court to the Court of Appeal. 12.

Rule 55.35(2) of the rules is repealed and the following sub- stituted:

(2) An appellant shall appeal to a judge of the General Division by filing with the taxing officer and the Registrar a notice of appeal and serving it upon every other party. 13. Form 56.04A of the rules is repealed and the following sub- stituted: Form 56.04A (rule 56.04) In the Supreme Court of Newfoundland and Labrador Trial Division (General) Notice of Application In the Estate of _______________, of the _______________ of _______________ in the Province of ________________, _______________ (occupation), deceased, who died on or about the _______________ day of _______________, ______.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 173 FIVE DAYS after the date hereof, ap plication will be made to one of the judges of the General Division of the Supreme Court of Newfound- land and Labrador, for Letters of _______________ to be granted to _______________ Dated at ___________, Newfoundland and Labrador, this ______ day of _______, 20_____.

Address for Service: Applicant or Solicitor for Applicant Telephone No. _____________ Note: This Notice of Application will lapse and be of no further force or effect 6 months from the date of its posting in the Registry of the Court unless within that time an app lication for letters of probate or administration, as the case may be, is filed in the Registry, or unless, within that time, a Caveat opposing such application is entered in the Registry.

I HEREBY CERTIFY that the above Notice of Application has been posted in the Registry from the date thereof to the present day, and that no caveat or other objection has been entered. The __________ day of _______________, 20_______. Registrar 14. Form 56.05A of the rules is repealed and the following sub- stituted:

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 174 Form 56.05A (rule 56.05) In the Supreme Court of Newfoundland and Labrador Trial Division (General) In the Estate of Petition for Probate, Administration or Guardianship TO THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) - OR ONE OF THE JUDGES THEREOF The petition of A.B. says 1. (Set forth material facts) 2. The petitioner therefore applies for a grant of Letters of __________ of the estate of __________ to be issued to the petitioner __________ ( or as the case may be).

Dated at ___________, Newfoundland and Labrador, this ______ day of _______, 20_____. (Sgd.) (A.B.) Affidavit I, ___________________ of ___________________ in the Province of _______________, make oath (or affirm) and say as follows: 1. I have read and I understand the foregoing petition.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 175 2. I have personal knowledge of the facts contained therein and in the Inventory thereto annexed and they are true to the best of my knowledge, information and belief. (Sgd.) (A.B.) SWORN TO OR AFFIRMED at __________ in the Province of _______________ this _______ day of __________, 20 ___ before me A Commissioner, etc. 15.

(1) Rule 56A.01(

b) is repealed.

(2) Rule 56A.01(

c) of the rules is repealed and the following substituted: (c) "family law proceeding" means a proceeding in either the General Division or the Family Division under

an Act of the province or of Canada or under the common law or in equity related to family law including: (

i) child protection, (ii) custody and access, (iii) child, parent, spousal and partner support, (iv) enforcement of support orders, (

v) adoption, (vi) dividing the property of spouses, former spouses, part- ners and former partners, (vii) marriage, (viii) separation,

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 176 (ix) divorce, (

x) consent to medical treatment of minors, and (xi) other matters listed in

section 43.9 of the Judicature Act;

(3) Rule 56A.01(

h) of the rules is repealed and the following substituted: (h) "registrar" includes a Deputy Registrar or Assistant Deputy Registrar of the Supreme Court of Newfoundland and Lab- rador, Trial Division and a person appointed by one of those office holders to perform the role of the registrar under this Act; 16.

(1) Rule 56A.02(1) of the rules is repealed and the following substituted:

Interpretation 56A.02.

(1) Rules 56A and 56C apply to family law proceedings in the Court and may be cited separately as the Family Law Rules.

(2) Rule 56A.02(3) of the rules is repealed.

(3) The rules are amended by adding immediately after rule 56A.02(5) the following:

(5.1) All family law proceedings started in the province over which the Family Division has jurisdiction shall be titled "In the Su- preme Court of Newfoundland and Labrador, Trial Division (Family)" and all family law proceedings starte d in the province over which the General Division has jurisdiction shall be titled "In the Supreme Court of Newfoundland and Labrador, Trial Division (General)". 17. Rule 56A.03 of the rules is repealed and the following substi- tuted: When hearings may be held in private 56A.03. Where a judge in a family law proceeding is of the opinion

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 177 (

a) that evidence or information presented to the Court would be seriously injurious or seriously prejudicial to (

i) the person who is being d ealt with in the proceeding, or (ii) a person under 16 years of age who is a witness in or is affected by the proceeding; or (

b) that it would be in the best interest of the proper administra- tion of justice to exclude the members of the public from the court room, the judge may exclude a person other than counsel and witnesses from all or part of the proceeding where the judge considers that person's presence to be unnecessary to the conduct of the proceeding. 18.

(1) Rule 56A.06(5) of the rules is repealed and the following substituted:

(5) An entry of every proceeding shall be made by the proper officer in an appropriate record ma intained manually or in electronic form.

(2) The rules are amended by adding immediately after rule 56A.06(5) the following:

(5.1) The file number assigned to a family law proceeding in the Family Division shall consist of the year of issue, a number to identify the judicial centre where the proceeding is commenced followed by the letter "F" as follows: 02F St. John’s 04F Corner Brook and then followed by the consecutive number of the proceeding in the order of filing in the Registry of the judicial centre where the proceed- ing is commenced.

(5.2) The file number assigned to a family law proceeding in the General Division shall consist of the year of issue, a number to identify the judicial centre where the proceeding is commenced followed by the letter "G" as follows:

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 178 03G Grand Falls 05G Gander 06G Grand Bank 08G Happy Valley-Goose Bay and then followed by the consecutive number of the proceeding in the order of filing in the Registry of the judicial centre where the proceed- ing is commenced.

(5.3) All documents subsequently filed or delivered in the pro- ceeding shall bear the same file number.

(5.4) Where a proceeding is subsequently issued in relation to the same parties but in another judicial centre, the registrar shall make arrangements to transfer the file to that judicial centre.

(3) Rule 56A.06(6)(

a) of the rules is repealed and the follow- ing substituted: (

a) in addition to the file reference required by rules 56A.06(5.1) and (5.2), assign to that divorce proceeding a separate number, to be known as a divorce registry number, that follows in sequence the last number assigned to a di- vorce proceeding in that judici al centre, as the case may be; and 19. Rule 56A.07(2) of the rules is repealed and the following substituted:

(2) Subject to

section 43.11 of the Judicature Act, the Court, on application, may direct that a non -family law claim be continued in a family law proceeding if the claim is related to or connected with a claim in that proceeding. 20. Rule 56A.09(1) of the rules is repealed and the following substituted: Location, transfer of family law proceedings 56A.09.

(1) A party may start a family law proceeding in the General Division unless the Judicature Act requires that it must be started in the Family Division.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 179

(2) The rules are amended by adding immediately after rule 56A.09(1) the following:

(1.1) A party filing an application shall indicate at the top of the form where they wish to have the matter heard and shall start the pro- ceeding in the corresponding judicial centre.

(1.2) Unless ordered otherwise, all documents in a family law proceeding must be filed in the same judicial centre as the originating application.

(1.3) Where a party has requested that a family law proceeding be heard at a circuit location, the Registrar may, if he or she considers it necessary, set the proceeding to be heard at a location other than the requested circuit location.

(3) Rule 56A.09(2) of the rules is repealed and the following substituted:

(2) On application, the Court may order that a family law pro- ceeding be transferred to another judicial centre.

(4) Rule 56A.09(4) of the rules is repealed. 21.

(1) Rule 56A.12(2) of the rules is repealed and the following substituted:

(2) Even if the time for responding or replying expires, a re- sponse or reply may be served and filed as long as a Notice of Default in Form 56A.15A has not been filed.

(2) Rule 56A.12(4) of the rules is repealed and the following substituted:

(4) A respondent who claims an unequal division of matrimo- nial property, division of property by common law spouses, entitlement to a share of business assets or u ndue hardship in a child support pro- ceeding, shall state the material facts supporting the claim.

(3) The rules are amended by adding immediately after rule 56A.12(4) the following:

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 180

(5) A response in Form 56A.12A shall be served in the manner set out in rule 56A.10. 22. Rule 56A.14 of the rules is repealed and the following substi- tuted: How to reply to a response 56A.14. Where the applicant wishes to oppose an allegation or a claim made in the response, the applicant shall serve and file a reply in Form 56A.14A within 10 days of service of the response. 23. The rules are amended by adding immediately after rule 56A.21(8) the following:

(9) Unless otherwise ordered, a party seeking to have a trial date set at a case management meeting shall complete Form 56A.21B and also shall be prepared to discuss each of the matters set out in the form at the case management meeting.

(10) A Notice of Case Management requesting that a trial date be set shall have attached to it a copy of the completed Form 56A.21B when provided to the other parties.

(11) A party who receives a Notice of Case Management request- ing a trial date which has a completed Form 56A.21B attached to it shall file his or her own completed Form 56A.21B with the court, pro- vide it to the other parties and be prepared to discuss each of the mat- ters set out in the form at the case management meeting. 24. Rule 56A.23(2) of the rules is repealed and the following substituted:

(2) At the case management meeting the judge shall determine whether the parties are ready for tr ial or a hearing and the Court may make an order described in rule 56A.21(4). 25.

(1) Rule 56A.25(1) of the rules is repealed and the following substituted:

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 181 Judgments and orders 56A.25.

(1) Subject to rule 56A.45 (Applying jointly for divorce) and 56A.25(1.1) (Judgments and orders), where a party claims relief under more than one statute the Court may issue one judgment with respect to all relief naming the relevant statute.

(2) Rule 56A.25 of the rules is amended by adding immedi- ately after rule 56A.25(1) the following:

(1.1) A separate formal order for support shall be issued by the Court where child support and/or s pousal support is granted and such order shall be in Form 56A.25B.

(3) Rule 56A.25(3)(

b) of the rules is repealed and the follow- ing substituted: (

b) the written consent of each party who is acting in person, and of each party who has not appeared, witnessed by a per- son authorized to take an oath or affirmation unless a judge determines that such written acknowledgement of consent is not required. 26. Rule 56A.28(4) of the rules is repealed and the following substituted:

(4) The person responding to the claim is required to file and serve forms required by this rule (

a) within 30 days after servi ce of the application claiming sup- port if the respondent was served in Canada or the United States of America; and (

b) within 60 days after servi ce of the application claiming sup- port if the respondent was served outside Canada and the United States of America. 27. Rule 56A.42 of the rules is repealed and the following substi- tuted: How to apply for a divorce 56A.42.

(1) A divorce proceeding may be started by,

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 182 (

a) either spouse filing an or iginating application naming the other spouse as a respondent; (

b) both spouses filing a joint originating application under rule 56A.45 with no named respondent, or (

c) the respondent claiming a divorce in a response.

(2) A divorce proceeding includes any application for corollary relief contained in the originating application or response seeking a divorce.

(3) In an application for divorce claiming that the other spouse committed adultery with another person, that person does not need to be named, but if named, shall be served with the originating application or response and has all the rights of a respondent in the case related to the allegation of adultery.

(4) The party filing an applicatio n for divorce shall file a certifi- cate of the marriage or of registrati on of the marriage with the originat- ing application or response.

(5) Where a certificate of marriag e or of registration of marriage is in a language other than English or French, the person claiming the divorce shall file with the originating application or response a transla- tion of that certificate, certified as a true and correct translation.

(6) A person may apply to the Court without giving notice to the other party for permission to file an originating application or response without a certificate of the marriage or of registration of the marriage if the person applying files an undertaking to file that certificate within a time specified by the Court.

(7) Where it is impossible or impractical to obtain a certificate of the marriage or of the registrati on of the marriage, the applicant or respondent may apply without giving notice to the other party for an order dispensing with the need to file one of these documents.

(8) The Court shall not grant a judgment for divorce until a written notification issued from the cen tral registry of divorce proceed- ings under the Central Registry of Divorce Proceedings Regulations under the Divorce Act (Canada) has been filed indicating that no other divorce proceedings are pending.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 183 28. Rule 56A.46(2) of the rules is repealed and the following substituted:

(2) Orders for one or more of the following: (

a) child support; (

b) spousal support; (

c) partner support; and (

d) parental support shall be issued by the Court in one separate formal order and shall be in Form 56A.25B. 29. Rule 56A.58(2) of the rules is repealed and the following substituted:

(2) Where there is a claim for ch ild support, the registrar shall not accept a party's financial information unless (

a) copies of the party's income tax returns and notices of as- sessment are attached as the form requires, except where a copy is identified as already in the court file; (

b) a statement from the Canada Revenue Agency that the party has not filed any income tax returns is attached; (

c) the party's signed Canada Revenue Agency Consent in Form 56A.58A for disclosure of the party's income tax returns and notices of assessment, is attached; or (

d) the party declares that he or she is not required to file an income tax return by reason of the Indian Act (Canada). 30. Rules 56A.72 to 56A.87 of the rules are amended by renum- bering them as rules 56A.77 to 56A.92. 31. The rules are amended by adding immediately after rule 56A.71 the following:

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 184 Settlement conference 56A.72. A judge conducting a settlement conference may at the con- clusion of the conference set a date for a case management meeting to set a hearing date or set a date for the hearing where all issues have not been resolved by the parties. Trial readiness inquiry 56A.73.

(1) Where a hearing date has been set, a judge may require the parties to attend a trial readiness inquiry.

(2) At the trial readiness inquiry the parties shall be present along with their counsel, if any, and be prepared to address trial process issues including: (

a) providing the names of all witnesses to be called; (

b) providing a brief description of the testimony expected from each of the witnesses to be called; (

c) providing a full list as well as copies of documents and other exhibits to be tendered at the hearing; (

d) providing an estimate of the time required for each party’s case to be heard; (

e) providing any expert reports to be tendered during the hear- ing; and (

f) advising whether settlement discussions are occurring and the likelihood as to whether all, or any, issues will be re- solved prior to the hearing.

(3) A trial readiness inquiry shall be scheduled for no more than 30 days before the hearing unless a judge directs otherwise.

(4) Based upon the information provided at a trial readiness inquiry, the judge may adjourn or otherwise vary the dates of the hear- ing.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 185 Division X.1 Child Protection Cases Proceedings 56A.74.

(1) Rules 56A and 56C do not apply to protective intervention proceedings or related matters under the Child, Youth and Family Ser- vices Act to the extent to which the procedure and time limits in that Act are inconsistent with those rules.

(2) A hearing under the Child, Youth and Family Services Act shall be (

a) held as informally as the circumstances of the case permit; (

b) scheduled as expeditiously as the

schedule of the Court al- lows and as fairness to the parties and affected persons re- quires; and (

c) held in private unless the judge hearing the matter deter- mines that the proper administ ration of justice requires oth- erwise.

(3) An application for a prot ective intervention order and any other application under the Child, Youth and Family Services Act shall be started by presenting the original and one copy of an application to the Court.

(4) An application for another order relating to children in re- spect of whom a protective interven tion order has already been sought or in respect of other children in the same family shall be given the same file number as the original application where the application is made in the same judicial centre.

Summary judgment 56A.75.

(1) Upon completion of a presentation hearing as required by

section 33 of the Child, Youth and Family Services Act and an order being made directing that a protective intervention hearing is to take place, a party may apply for a

summary judgment for a final order without a trial on all or part of an y claim made or defence to be pre- sented in the case.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 186

(2) The party applying under this rule shall serve an application for

summary judgment along with an affidavit or other evidence that sets out the specific facts showing that there is no genuine issue requir- ing a full hearing.

(3) In response to the affidavit or other evidence served by the party making the application, the party responding to the application may not rely on mere allegations or denials but shall set out, in an affi- davit or other evidence, specific f acts showing that there is a genuine issue requiring a full hearing.

(4) If the judge finds that there is no genuine issue to warrant a full hearing, the Court shall make a final order accordingly.

(5) If the only genuine issue is a question of law, the Court shall decide the issue and make a final order accordingly.

(6) If the Court does not make a final order, or makes an order for the matter to proceed to a full hearing, the Court may also: (

a) specify what facts are not in dispute, state the issues and give directions about how and when the hearing will take place; (

b) give other directions; and (

c) impose any other conditions related to the matter to ensure an expeditious and fair hearing of the issues in dispute.

(7) If the party applying for

summary judgment does not suc- ceed, the Court shall decide the amount of the other party’s costs of the application on a full recovery basis and order the party who made the application to pay those costs imme diately, unless the application is considered by the judge to have been justified, although unsuccessful.

(8) Where a party has acted in bad faith, the Court shall decide the costs of the application on a full recovery basis and shall order the party to pay them immediately. Judicial case conference 56A.76.

(1) Where a party requests a judicial case conference in a child protection case, the parties shall attend before a judge who shall con-

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 187 sider such documents, other materials and submissions as the judge deems appropriate and thereafter give a non-binding opinion on the probable outcome of a hearing of the proceeding.

(2) A judicial case conference sh all only occur after the conclu- sion of the presentation hearing as required by

section 33 of the Child, Youth and Family Services Act.

(3) A judge may conduct the judi cial case conference in as in- formal a manner as the judge deems appropriate.

(4) A judge may hear from persons intended to be witnesses at the hearing, as well as the parties, either under oath or affirmation or not, during a judicial case conference if the judge so decides.

(5) A judge who conducts a judi cial case conference shall not preside at the protective intervention hearing and shall note in the court file the date or dates upon whic h the judicial case conference took place.

(6) A judicial case conference may be recorded with minutes kept but in such event, the record kept and any submissions shall be sealed and may only be opened by order of a judge.

(7) Upon completion of the judicial case conference, the judge shall return to the parties or their counsel any materials filed or pro- vided for the purpose of the judici al case conference not otherwise in the court file.

(8) The judge conducting the ju dicial case conference or any person attending the judicial case co nference shall not disclose to the hearing judge or any other persons the positions taken by the parties or the opinions expressed at the hearing.

(9) A judge at a judicial case conference may give directions to the parties, including setting a date and time for a hearing, related to the conduct of the hearing and any such directions will be filed in the court file as an order.

(10) A judge at a judicial cas e conference may make a final or interim order where the parties to the proceeding consent and such order shall be filed in the court file.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 188 32.

(1) Rule 56A.81(1) of the rules is repealed and the following substituted: Commencing an application for the return of a child 56A.81.

(1) An application for the return of a child under the Hague Convention on International Child Abduction shall be commenced in the Court by presenting an original and 2 signed copies of an Originat- ing Application for the Return of a Child in Form 56A.81A.

(2) Rule 56A.81(3) of the rules is repealed and the following substituted:

(3) Rules 56A.06(5) to (5.4) and 56A.08 apply with respect to applications under this division.

(3) Rule 56A.81(4) of the rules is repealed and the following substituted:

(4) All applications under this division shall be accompanied by affidavit evidence in Form 56A.81B which complies with rule 56A.20 and contains: (

a) information concerning the identity of the applicant, the child and the person or persons alleged to have removed or retained the child; (

b) where available, the date of birth of the child; (

c) the grounds on which the applicant’s claim for the return of the child is based; and (

d) all available information relating to the whereabouts of the child and the identity of the person in whose care the child is presumed to be. 33. Rule 56A.82(1) of the rules is repealed and the following substituted: Service of the application 56A.82.

(1) The originating application along with

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 189 (

a) an affidavit in support of the application under rule 56A.81(4); (

b) information under rule 56A.81(5) (if applicable); and (

c) the Notice to Respondent shall be served personally on the respondent(

s) in accordance with rule 6.02 (Personal Service) within 7 days of filing the application with the Court. 34. Rule 56A.83 of the rules is repealed and the following substi- tuted:

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 190 Notice to the central authority and the contact judge 56A.83. A Notice of Application to the central authority and contact judge in Form 56A.83A must be file d at the same time as the applica- tion under rule 56A.81 and a copy shall forthwith be provided to the central authority of the province of Newfoundland and Labrador and the contact judge. 35.

Form 56A.06A of the rules is repealed and the following substituted: Form 56A.06A (rule 56A.06) In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Notice to Respondent An Originating Application has b een made for an order against you. The details are set out in the attached Originating Applica- tion.

If you dispute any of the claims or if you wish to make a claim your- self, you must file a Response at the Court within the following times: If served anywhere in Canada or the United States, within 30 days from the date of service. If served outside of Canada or the United States, within 60 days from the date of service. If you do not file a Response, the Court may proceed without giv- ing you further notice.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 191 You must file a financial statemen t in Form 56A.27A if spousal, partner or parental support is claimed. You must file a property statement in Form 56A.27C if a claim for division of matrimonial property or a claim for division of property of common law spouses has been made.

If the application relates to child support, you must also file with the Court and serve on the Applican t each of the following within the time set out above: ► written statement from your employer confirming your year to date earnings, including overtime and rate of annual pay; ► copies of your tax return for the last 3 years; and ► copies of the notices of a ssessment or re-assessment issued by Canada Revenue Agency with respect to each of the last 3 years tax returns. You may contact Canada Revenue Agency at 1-800-959-8281.

If you have income from self-employment, a partnership, or a corpora- tion in which you have a controlling interest, or if you are a beneficiary of a trust, you must also comply with subsection 21(1) of the Federal Child Support Guidelines (Canada) and

section 19 of the provincial Child Support Guidelines Regulations . For more information relating to child support, consult the Federal or Provincial Child Support Guidelines. The financial information outlined above and a financial statement in Form 56A.27A must be provided as well if there is a claim for Spe- cial/Extraordinary Expenses or Undue Hardship. If you do not file the required documentation, an order may be made and enforced against you. Dated this ________ day of______________________, 20_____. Registrar of the Supreme Court of Newfoundland and Labrador

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 192 Form 56A.06A (rule 56A.06) In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Originating Application To this Honourable Court at: (check the location where you wish this matter to be heard and note the filing requirements) IF YOU WISH YOUR MATTER TO BE HEARD IN … THEN YOU MUST FILE YOUR DOCUMENTS IN … Clarenville (Grand Bank circuit) Grand Bank Corner Brook Corner Brook at the Family Division Gander Gander Grand Bank Grand Bank Grand Falls-Windsor Grand Falls-Windsor Happy Valley-Goose Bay Happy Valley-Goose Bay Port aux Basques (Corner Brook circuit) Corner Brook at the Family Division Rocky Harbour (Corner Brook circuit) Corner Brook at the Family Division St.

Anthony (Corner Brook circuit) Corner Brook at the Family Division St. John’s St. John’s at the Family Division Stephenville (Corner Brook circuit) Corner Brook at the Family Division Wabush (Happy Valley-Goose Bay circuit) Happy Valley-Goose Bay 1. I/We hereby seek an order for the following:  Divorce  Spousal Support  To File a Consent Order  Child Support  Parental Support  Costs  Custody  Partner Support  Other (specify) _______ (attach details to this application)  Access  Division of Matrimonial Property  Claim for Property made by Common Law Spouses

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 193 Where claim includes divorce 2.

My/Our grounds for seeking a divorce are a permanent break- down of the marriage which has been established by:  a. we have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; OR b. the Respondent has, since celebration of the marriage,  committed adultery, (provide details of where and when) OR  treated me with physical and/or mental cruelty of such a kind as to render our continued cohabitation intolerable (provide details) and there has been no condonation or connivance on my part with respect to the conduct alleged above. 3.

It is no longer possible for me to reconcile or resume cohabita- tion with my spouse. 4. I have not entered into any agreement with my spouse or any other person to deceive this Court.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 194 5. I/My spouse has/have been ordinarily resident in the Province of Newfoundland and Labrador for at least one year immediately preced- ing the date of this application. 6. Particulars of my marriage: (

a) Date of marriage _________________________________. (

b) Place of marriage _ ________________________________. (

c) Date I ceased cohabiting wi th my spouse _______________. (

d) Immediately prior to the marriage I was:  Single  Divorced  Widowed My spouse was:  Single  Divorced  Widowed 7. (Where no certificate of marriage or of registration of marriage has been filed.) It is impossible or impractical to obtain a certificate of marriage or of registration of marriage. To be completed for all claims other than divorce (

a) That the parties were married on __________ and sepa- rated __________; and  an originating application for divorce has been commenced in the Supreme Court at (place) __________ (province) __________ but has not yet been heard; OR  an originating application for divorce has not been commenced. OR (

b) That the parties were divorced on __________ in the __________ Court at (place) __________ (province) __________. OR (

c) That the parties were never married but lived together from __________ to __________.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 195 OR (

d) That the parties were never married and never lived together but were in a relationship that began __________ and ended __________. OR (

e) Other ( provide details) _________. To be completed for all claims (if applicable): Applicant Respondent Surname at birth Place of Birth Date of Birth Present Address (include postal code) Phone Number 9. (

a) Children: Child=s Full Name Place & Date Of Birth Resides With (

b) The present parenting (custody and access) arrangements are: ________________________________________________ ________________________________________________ (

c) The proposed parenting (custody and access) arrangements are as follows: ________________________________________________ ________________________________________________ (

d) The present arrangements for the support of our child(ren) is/are : ________________________________________________ ________________________________________________

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 196 (

e) The proposed arrangements for the support of our child(ren) is/are: ________________________________________________ ________________________________________________ 10. Listed below are all written agreements and court orders affect- ing the child(ren), me, or my spouse ____________________________ _________________________________________________________ 11. Child Support:  I am claiming the basic table amount as per the Federal Child Support Guidelines (Canada). (If any of the following apply, you shall file a Financial Statement in Form 56A.27A)  I am claiming the basic table amount plus an amount for special expenses. (complete

Schedule A attached)  I am not claiming the basic table amount but I am claim- ing an amount for special expenses. (complete

Schedule A attached)  I am claiming an amount for child support which is differ- ent from the basic table amount in the Federal Child Sup- port Guidelines (Canada) because:  (

a) of a claim for undue hardship. (complete

Schedule B attached)  (

b) the child(ren) is/are at or over the age of ma- jority.  (

c) I exercise a right of access to, or have physical custody of the child(ren) for not less than 40% of the time over the course of the year.  (

d) we have agreed to an amount of support.  (

e) of special provisions as per subsection 15.1(5) of the Divorce Act (Canada).  (

f) income is in excess of $150,000 annually.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 197 12. Spousal, Partner Or Parental Support  I am not claiming spousal, partner or parental support.  I am claiming spousal, partner or parental support. I am attaching a Financial Statement in Form 56A.27A. My reasons for claiming spousal, partner or parental support are ___________________________________________. 13. Property A. Claim I have attached a Property Statement (in Form 56A.27C). I am claiming the following:  Exclusive possession of the matrimonial home (com- plete paragraph 13(

b) below)  Division of property Q Equal (skip paragraph 13(b)) OR Q Unequal (complete paragraph 13(

b) below)  Other ______________________________ (complete paragraph 13(

b) below) B. The reasons for my claim are ________________________

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 198 14. Other Claims ________________________________________. _________________________________________________________ I/We, ________________________________, the Applicant (Co- Applicants), declare the contents of the within originating application are true to the best of my information and belief. SWORN TO OR AFFIRMED at __________ in the Province of Newfoundland and Labrador this _______ day of __________, 20 ___. Commissioner of Oaths/Justice of the Peace Signature of Applicant(

s) Name/Address of Applicant=s Solicitor (if applicable) NOTE: Where the Originating Application includes a claim for Divorce, this document, which consists of the Notice to the Respondent, Originat- ing Application, Financial Statement (if applicable) and Property Statement (if applicable), must be personally served on the Respon- dent by an adult other than the Applicant.

Where the Originating Application includes any other claim but not a Divorce, this document, which cons ists of the Notice to the Respon- dent, Originating Application, Financial Statement (if applicable) and Property Statement (if applicable), must be served in accordance with the Rules of the Supreme Court, 1986. To be completed where claim includes divorce and Applicant(

s) is/are represented by a solicitor

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 199 Statement of Solicitor I, _________, the Solicitor for __________, the Applicant herein, cer- tify to this Court that I have complied with the requirements of

section 9 of the Divorce Act (Canada). Dated at ___________, Newfoundland and Labrador, this ______ day of _______, 20_____. Signature of Solicitor Address of Solicitor Filed at _________, Province of Newfoundland and Labrador this __________ day of __________, 20 ____. Registrar of the Supreme Court of Newfoundland and Labrador

Schedule A Claim for Special/Extraordinary Expenses: Under the Federal or Provincial Child Support Guidelines , a claim is made for additional support to defray the following special expenses: (check appropriate items) 1.  Child care expenses incurred as a result of the custodial parent’s employment or training for employment, illness, disability, education: Monthly $__________ Yearly $ __________

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 200 2.  A portion of medical and dental insurance premiums: Monthly $__________ Yearly $ __________ 3.  Health related expenses that exceed insurance reimburse- ment by at least $100 annually per illness or event, includ- ing orthodontic treatment, professional counselling pro- vided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses: Monthly $__________ Yearly $ __________ 4.  Extraordinary expenses for primary or secondary school education or for educational programs that meet the child’s particular needs: Monthly $__________ Yearly $ __________ 5.  Post-secondary education expenses: Monthly $__________ Yearly $ __________ 6.  Extraordinary expenses for extracurricular activities: Monthly $__________ Yearly $ __________ The amount claimed is $ __________, taking into account subsidies, benefits and income tax deductions or credits relating to the expense.

Schedule B Claim based on undue hardship: Under the Federal or Provincial Child Support Guidelines , a claim is made for an amount of support different from that which would be awarded under the provincial payment schedules contained in

Schedule I of the Federal Child Support Guidelines (Canada) based upon undue hardship. 1.  I have responsibility for an unusually high level of debts reasonably incurred to support my spouse/child(ren) before the separation or to earn a living. Amount $ __________ 2.  I have unusually high expenses in relation to the exercise

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 201 of my access rights. Amount $ __________ 3.  I have a legal duty under a judgment, order or written separation agreement for support. Amount $ __________ 4.  I have a legal duty to support a child, other than a child of the marriage who is  under the age of majority: OR  the age of majority or over but unable by reason of illness, disability or other cause to obtain the necessi- ties of life.

Amount $ __________ 5.  I have a legal duty to support (identify individual) ____________________ who is unable to obtain the ne- cessities of life due to an illness or disability. Amount $ __________ 36. Form 56A.06B of the rules is repealed and the following substituted:

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 202 Form 56A.06B (rule 56A.06) In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Notice to Respondent An Originating Application for Va riation has been made for an order against you. The details are set out in the attached Originat- ing Application for Variation.

If you dispute any of the claims or if you wish to make a claim your- self, you must file a Response at the Court within the following times: If served anywhere in Canada or the United States, within 30 days from the date of service. If served outside of Canada or the United States, within 60 days from the date of service. If you do not file a Response, the Court may proceed without giv- ing you further notice. You must file a financial statemen t in Form 56A.27A if spousal, partner or parental support is claimed.

If the application relates to child support, you must also file with the Court and serve on the Applican t each of the following within the time set out above: ► written statement from your employer confirming your year to date earnings, including overtime and rate of annual pay;

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 203 ► copies of your tax return for the last 3 years; and ► copies of the notices of a ssessment or re-assessment issued by Canada Revenue Agency with respect to each of the last 3 years tax returns. You may contact Canada Revenue Agency at 1-800-959-8281. If you have income from self-employment, a partnership, or a corpora- tion in which you have a controlling interest, or if you are a beneficiary of a trust, you must also comply with subsection 21(1) of the Federal Child Support Guidelines (Canada) and

section 19 of the provincial Child Support Guidelines Regulations . For more information relating to child support, consult the Federal or Provincial Child Support Guidelines. The financial information outlined above and a financial statement in Form 56A.27A must be provided as well if there is a claim for Spe- cial/Extraordinary Expenses or Undue Hardship. If you do not file the required documentation, an order may be made and enforced against you. Dated this ________ day of_____________________, 20______. Registrar of the Supreme Court of Newfoundland and Labrador

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 204 Form 56A.06B (rule 56A.06) In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Originating Application for Variation To this Honourable Court at: (check the location where you wish this matter to be heard and note the filing requirements) IF YOU WISH YOUR MATTER TO BE HEARD IN … THEN YOU MUST FILE YOUR DOCUMENTS IN … Clarenville (Grand Bank circuit) Grand Bank Corner Brook Corner Brook at the Family Division Gander Gander Grand Bank Grand Bank Grand Falls-Windsor Grand Falls-Windsor Happy Valley-Goose Bay Happy Valley-Goose Bay Port aux Basques (Corner Brook circuit) Corner Brook at the Family Division Rocky Harbour (Corner Brook circuit) Corner Brook at the Family Division St.

Anthony (Corner Brook circuit) Corner Brook at the Family Division St. John’s St. John’s at the Family Division Stephenville (Corner Brook circuit) Corner Brook at the Family Division Wabush (Happy Valley-Goose Bay circuit) Happy Valley-Goose Bay 1. I/We hereby seek a change of an existing order for the follow- ing:  Spousal Support  Child Support  Partner Support  Custody  Parental Support  Access  To File a Consent Variation

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 205 made by Justice (name of judge) ___________ at the (name of court) __________ at (place of court) __________ in the Province of __________ on the __________ day of _________, ____. 2. Q I also request costs of this Application. 3. Applicant Respondent Marital Status Address City/Town Province Postal Code Telephone Number 4. Child=s Full Name Date Of Birth Child Resides With 5.

The present parenting (custody and access) arrangements are: _________________________________________________________ _________________________________________________________ _________________________________________________________ 6. I request the following change(

s) to the present parenting (cus- tody and access) arrangements: ________________________________ _________________________________________________________ _________________________________________________________ 7. The present arrangements for the support of the child(ren) is/are: ____________________________________________________ _________________________________________________________ _________________________________________________________ 8. I request the following change(

s) to the present child support order: ____________________________________________________ _________________________________________________________ _________________________________________________________

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 206 9. The present arrangements for spousal, parent or partner support are: _______________________________________________________ _________________________________________________________ _________________________________________________________ 10. I request the following change(

s) to the spousal, parent or part- ner support order: __________________________________________ _________________________________________________________ _________________________________________________________ 11. The amount of arrears owing under the present Support Order is: $__________. 12. The reason(

s) that such a va riation should be made is/are: _________________________________________________________ _________________________________________________________ _________________________________________________________ I, __________, the Applicant, declare the contents of the within Originating Application for Variation are true to the best of my infor- mation and belief. SWORN TO OR AFFIRMED at __________ in the Province of Newfoundland and Labrador, this _______ day of __________, 20 ___. A Commissioner of Oaths/Justice of the Peace Signature of Applicant Name/Address of Applicant=s Solicitor (if applicable)

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 207 ATTACH (in addition to the requirements under Rule 56A): (1) if existing custody, access or support order granted by an- other court, a certified copy of the existing order; (2) a copy of an agreement be tween the parties dealing with custody, access or support; (3) a financial statement in Form 56A.27A if claiming child support (special expenses or undue hardship) or spousal support. Filed at __________, Newfoundland and Labrador this ________ day of _________, 20_____.

Registrar of the Supreme Court of Newfoundland and Labrador NOTE: This document, which includes the Notice to Respondent, Originating Application for Variation and Financial Statement (if applicable), shall be served on the Respondent by an adult other than the Appli- cant in accordance with the Rules of the Supreme Court, 1986 .

Schedule A Claim for Special/Extraordinary Expenses: Under the Federal or Provincial Child Support Guidelines , a claim is made for additional support to defray the following special expenses: (check appropriate items) 1.  Child care expenses incurred as a result of the custodial parent=s employment or training for employment, illness, disability, education: Monthly $__________ Yearly $ __________

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 208 2.  A portion of medical and dental insurance premiums: Monthly $__________ Yearly $ __________ 3.  Health related expenses that exceed insurance reimburse- ment by at least $100 annually per illness or event, includ- ing orthodontic treatment, professional counselling pro- vided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses: Monthly $__________ Yearly $ __________ 4.  Extraordinary expenses for primary or secondary school education or for educational programs that meet the child=s particular needs: Monthly $__________ Yearly $ __________ 5.  Post-secondary education expenses: Monthly $__________ Yearly $ __________ 6.  Extraordinary expenses for extracurricular activities: Monthly $__________ Yearly $ __________ The amount claimed is $_________, taking into account subsidies, benefits and income tax deductions or credits relating to the expense.

Schedule B Claim based on undue hardship: Under the Federal or Provincial Child Support Guidelines , a claim is made for an amount of support different from that which would be awarded under the provincial payment schedules contained in

Schedule I of the Federal Child Support Guidelines (Canada) based upon undue hardship. 1.  I have responsibility for an unusually high level of debts reasonably incurred to support my spouse/child(ren) before the separation or to earn a living. Amount $ __________

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 209 2.  I have unusually high expenses in relation to the exercise of my access rights. Amount $ __________ 3.  I have a legal duty under a judgment, order or written separation agreement for support. Amount $ __________ 4.  I have a legal duty to support a child, other than a child of the marriage who is  under the age of majority: OR  the age of majority or over but unable by reason of illness, disability or other cause to obtain the necessi- ties of life.

Amount $ __________ 5.  I have a legal duty to support (identify individual) ________________ who is unable to obtain the necessities of life due to an illness or disability. Amount $ __________ 37. Form 56A.12A of the rules is repealed and the following substituted:

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 210 Form 56A.12A (rule 56A.12) In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Notice to Applicant A Response may have been ma de for an order against you. T h e details are set out in the attached Response.

If you dispute any of the claims or if you wish to make a claim your- self, you must file a Reply at the Cour t within 10 days from the date of service. If you do not file a Reply, the Court may proceed without giving you further notice. You must file a financial statemen t in Form 56A.27A if spousal, partner or parental support is claimed. You must file a property statement in Form 56A.27C if a division of matrimonial property or property claim by common law spouses is claimed.

If the application relates to child support, you must also file with the Court and serve on the Respondent each of the following within the time set out above: ► written statement from your employer confirming your year to date earnings, including overtime and rate of annual pay; ► copies of your tax return for the last 3 years; and

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 211 ► copies of the notices of a ssessment or re-assessment issued by Canada Revenue Agency with respect to each of the last 3 years tax returns. You may contact Canada Revenue Agency at 1-800-959-8281. If you have income from self-employment, a partnership, or a corpora- tion in which you have a controlling interest, or if you are a beneficiary of a trust, you must also comply with subsection 21(1) of the Federal Child Support Guidelines (Canada) and

section 19 of the provincial Child Support Guidelines Regulations . For more information relating to child support, consult the Federal or Provincial Child Support Guidelines. The financial information outlined above and a financial statement in Form 56A.27A must be provided as well if there is a claim for Spe- cial/Extraordinary Expenses or Undue Hardship. If you do not file the required documentation, an order may be made and enforced against you. Dated this ________ day of_______________________, 20____. Registrar of the Supreme Court of Newfoundland and Labrador

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 212 In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Response 1. 9 I do not contest any of the claims made by the Applicant. OR 9 I agree to the following claims made by the Applicant: AND I disagree with the following claims made by the Appli- cant: 2. I am making the following claim(s):   Divorce (attach

Schedule A)   Parenting (attach

Schedule B)   Child Support and/or Spousal, Partner or Parental Support (attach

Schedule C)   Division of Matrimonial Prop erty or a Property Claim by Common Law Spouses (attach

Schedule D)   Other: (specify)____________________________________

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 213 I, __________ the Respondent, declare the contents of the within Response are true to the best of my information and belief. SWORN TO OR AFFIRMED at __________ in the Province of _______________ this _______ day of __________, 20 ___.

Commission of Oaths / Justice of the Peace Signature of Respondent Address for Service of Respondent NOTE: Where the Response includes a cl aim for Divorce, this document, which includes the Notice to the Applicant, Response, relevant Schedules, Financial Statement (if applicable) and Property State- ment (if applicable), must be personally served on the Applicant by an adult other than the Respondent.

Where the Response includes any claim under paragraph 2 (but not a claim for Divorce), this document, which includes the Notice to the Applicant, Response, relevant Schedules, Financial Statement (if applicable) and Property Statement (if applicable), must be served in accordance with the Rules of the Supreme Court, 1986.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 214

Schedule A to Response (Claim for Divorce) You must include an original marriage certificate unless paragraph A6 applies) Divorce A1. My ground for seeking a divorce is a permanent breakdown of the marriage which has been established by:   (

i) we have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; OR   (ii) the Applicant has, sin ce celebration of the marriage,   committed adultery (provide details of where and when) ____________________________________ _________________________________________ _________________________________________ _________________________________________ OR   treated me with physical and/or mental cruelty of such a kind as to render our continued cohabitation intolerable (provide details) __________________ _________________________________________ _________________________________________ _________________________________________ and there has been no condonation or connivance on my part with respect to the conduct alleged above.

A2. It is no longer possible for me to reconcile or resume cohabita- tion with my spouse.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 215 A3. I have not entered into any agreement with my spouse or any other person to deceive this Court. A4. I have/My spouse has been ordinarily resident in the Province of Newfoundland and Labrador for at least one year immediately preced- ing the date of this application. A5. Particulars of my marriage: (

i) Date of marriage __________________________________. (ii) Place of marriage _ ________________________________. (iii) Date I ceased cohabiting with my spouse _______________. (iv) Immediately prior to the marriage I was  Single  Divorced  Widowed My spouse was:  Single  Divorced  Widowed A6. ( Where no certificate of marriage or of registration of marriage has been filed.) It is impossible or impractical to obtain a certificate of marriage or of registration of marriage.

To be completed where claim includes divorce and the Respondent is represented by a solicitor Statement of Solicitor I, ________________, the Solicitor for __________________, the Respondent herein, certify to this Court that I have complied with the requirements of

section 9 of the Divorce Act (Canada). Dated at __________, this day of _, 20_. Signature of Solicitor

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 216 Address of Solicitor Filed at________________________, Province of Newfoundland and Labrador this _________ day of ____________, 20______. Registrar of the Supreme Court of Newfoundland and Labrador

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 217

Schedule B to Respeonse (Claim for Parenting) B1. Children: Child=s Full Name Place & Date of Birth Child Resides With B2. The present parenting (custody and access) arrangements are: _________________________________________________________ _________________________________________________________ _________________________________________________________ B3. The proposed parenting (custody and access) arrangements are: _________________________________________________________ _________________________________________________________ _________________________________________________________ B4.

The present arrangements for the support of the child(ren) is/are: ____________________________________________________ _________________________________________________________ _________________________________________________________ B5. The proposed arrangements for the support of the child(ren) is/are: ____________________________________________________ _________________________________________________________ _________________________________________________________

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 218

Schedule C to Response (Claim for Child Support and/or Spousal, Partner or Parental Support) C1. Child Support  I am claiming the basic table amount as per the Federal Child Support Guidelines (Canada). (If any of the following apply, you must file a Financial Statement in Form 56A.27A) I am claiming the basic table amount plus an amount for special expenses. (complete and attach

Schedule E of the Financial Statement) I am not claiming the basic table amount but I am claiming an amount for special expenses. (complete and attach

Schedule E of the Financial Statement) I am claiming an amount for child support which is different from the basic table amount in the Federal Child Support Guidelines (Canada) because: (

a) of a claim for undue hardship. (complete and at- tach Schedules F and G of the Financial State- ment) (

b) the child(ren) is/are at or over the age of majority. (

c) I exercise a right of access to, or have physical custody of the child(ren) for not less than 40% of the time over the course of the year. (

d) we have agreed to an amount of support.   (

e) of special provisions as per subsection 15.1(5) of the Divorce Act (Canada). (

f) income is in excess of $150,000 annually.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 219 C2. Spousal, Partner or Parental Support (you must file a Financial Statement in Form 56A.27A)   I am claiming spousal, partner or parental support. My rea- sons for claiming spousal, partner or parental support are: ________________________________________________ ________________________________________________ ________________________________________________

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 220

Schedule D to Response (Claim for Division of Matrimonial Property or Property Claim by Common Law Spouses) D1. Claim for Division of Matrimonial Property pursuant to the Family Law Act . (you must file a Statement of Property in Form 56A.27C)

a) I am claiming   Exclusive possession of the matrimonial home   Division of property Equal OR   Unequal Other: (specify) ____________________________

b) The reasons for my claim are _________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ D2. Claim by Common Law Spouses (you must file a Statement of Property in Form 56A.27C with necessary changes for common law claim) (

a) I am claiming: (specify) _____________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ 38. Form 58A.15A of the rules is repealed and the following substituted:

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 221 Form 56A.15A (rule 56A.15) In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Notice of Default I hereby certify that no Response/Reply or other documentation has been filed in response/reply to the Application/Response filed in this matter by the Respondent/Applicant and that the Applicant/Respondent is entitled to proceed without further notice to the Respon- dent/Applicant.

Dated at ___________, Newfoundland and Labrador, this ______ day of _______, 20_____. Registrar 39. Form 56A.16A of the rules is repealed and the following substituted:

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 222 Form 56A.16A (rule 56A.16) In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Interim/Interlocutory Application (Family Law Proceeding) TAKE NOTICE that an application will be made to the presiding judge in chambers at the court house in __________, Newfoundland and Labrador, at __________ o =clock in the __________ noon on the __________ day of ___________, 20_____ or so soon thereafter as the matter may be heard on behalf of the applicant ( or respondent, as the case may be) for an order that: (a) (state the precise relief sought) (

b) on the grounds set out in the Affidavit(

s) attached. AND FURTHER TAKE NOTICE that in support of this application will be read the Affidavit of ( name of person bringing application ) ________________. (Also set out here any other materi al to be used, including the financial disclosure required of you under Division III, where child support is sought.) AND FURTHER TAKE NOTICE if you wish to oppose the applica- tion, you or your lawyer must prepare an affidavit in response, serve a copy at the address for service given at the end of this document, and

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 223 file it in the court registry office, with proof of service, at least 2 days before the date set for hearing the application.

You or your lawyer must also come to court for the hearing of the application on the date set. (Where spousal, partner or parental support is sought ) AND FURTHER TAKE NOTICE that whether or not you oppose this appli- cation, you must file a Financial Statement in Form 56A.27A at least 2 days before the date set for hearing the application. (Where child support is sought ) AND FURTHER TAKE NOTICE that whether or not you oppose this application, you must file the in- come information as required by the Federal or Provincial Child Sup- port Guidelines including: ► a written statement from your employer confirming your year to date earnings, including overtime and rate of annual pay; ► copies of your tax return for the last 3 years; and ► copies of the notice of assessment or re-assessment issued by Canada Revenue Agency with respect to each of the last 3 years tax returns.

You may contact Canada Revenue Agency at 1-800-959-8281 THE COURT MAY IMPUTE INCOME TO YOU AND MAY DETERMINE THE AMOUNT OF CHILD SUPPORT PAYABLE ON THE BASIS OF THAT IMPUTED INCOME. If you have been served with an application for child support, please consult the Federal or Provincial Child Support Guidelines. AND FURTHER TAKE NOTICE that if you do not appear at the hear- ing (or fail to provide the required financial information ( where a sup- port order is sought )) an order may be made in your absence and en- forced against you. YOU WILL NOT RECEIVE FURTHER NOTICE OF THIS APPLICATION.

Dated at ______________, this ______ day of _______, 20_____.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 224 Signature To: (Address for service on Applicant/Applicant=s lawyer) Attach Affidavit in Support of this Interim Application Filed at _________, Province of Newfoundland and Labrador this ________ day of _________, 20_____.

Registrar of the Supreme Court of Newfoundland and Labrador In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Affidavit in Support of Interim/Interlocutory Application I, __________, make oath (or affirm) and say as follows: 1.

That I am the Applicant in th e within matter and have personal knowledge of the matters referred to herein except where otherwise specified. (set out the reasons why you are making the application) 2. 3.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 225 4. 5. 6. That I make this application in support of my Interim / Inter- locutory Application for an order that ___________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________. SWORN TO OR AFFIRMED at __________ in the Province of _______________ this _______ day of __________, 20 ___. Commissioner of Oaths/Justice of the Peace Signature 40.

Form 56A.21A of the rules is repealed and the following substituted: Form 56A.21A (rule 56A.21) In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 226 Notice of Case Management Meeting You are hereby notified that you and your lawyer (if you have one) must appear at a Case Management Meeting in this proceeding at the Supreme Court of Newfoundland and Labrador, Trial Division (Gen- eral / Family) located at __________ on the ________ day of __________, 20_____ at __________ a.m./p.m. Issue(

s) for case management meet ing (not necessary for first case management meeting): ______________________________________ _________________________________________________________ _________________________________________________________ If you fail to appear at the date and time specified, a judge may proceed in your absence to make any order permitted by rule 56A.21(3) of the Rules of the Supreme Court, 1986 including making any unopposed order, including a divorce order or an order as to costs. Dated at ___________, Newfoundland and Labrador, this ______ day of _______, 20_____.

Registrar/Solicitor Address of solicitor for party requesting case management This document was delivered to ( name) __________ at __________ in the Province of Newfoundland and Labrador this __________ day of __________, 20______. 41. The rules are amended by adding immediately after Form 56A.21A the following:

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 227 Form 56A.21B (rule 56A.21(9)) YOU MUST COMPLETE THIS

SCHEDULE BEFORE A TRIAL DATE IS GIVEN. YOU MUST BE PREPARED TO DISCUSS THESE MATTERS AT THE CASE MANAGEMENT MEETING. In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT

Schedule A to Notice of Case Management Seeking a Trial Date The Applicant/Respondent, ____________________________, certi- fies that: (check and complete all that apply) 1. PLEADINGS/DISCLOSURE   All relevant parties are before the Court.   All sworn Financial Statements and/or Property Statements have been filed with the Court. All appropriate pretrial applications have been made. No amendments to the pleadings are contemplated. No further disclosure is required or requested.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 228 A Settlement Conference has been held or the parties have been excused from a Settlement Conference by a Judge of this Court. 2. ISSUES The issues to be determined/addressed at trial include the following: (state briefly) ____________________________ ________________________________________________ ________________________________________________ 3. WITNESSES

a) The witness(es) will be: Name Subject/Nature of Testimony (i.e. parenting, support, income) 1. 2. 3. (

b) The expert witness(es) will be: Name Subject/Nature of Testimony (i.e. parenting, support, income) 1. 2. 3.   In the event of an expert witness(es) testifying at the trial, the Applicant/Respondent shall provide to the other Party the expert’s report(

s) at least 10 days before the trial date, in accordance with rule 46.07 of the Rules of the Supreme Court, 1986. 4. DOCUMENTS/TRIAL BRIEF   There shall/shall not be a joint Book of Documents filed prior to the trial.   A Trial Brief shall/shall not be filed in this matter. It shall be filed by (date) _____________________________________

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 229 The issues that shall be dealt with in the Trial Brief are: (briefly) _________________________________________ ________________________________________________ 5. EVIDENCE At the trial, it is anticipated that: (check all that apply) audio recordings may be entered/played in evidence. video recordings may be entered/played in evidence.   a ______________ language interpreter may be required for the evidence of __________________________ (state party / witness) .

The Applicant/Respondent hereby undertakes to make all necessary arrangements to facilitate the attendance of the language interpreter at trial.   the party/witness, _________________________________, requests the opportunity to give evidence by teleconference or videoconference. 6.

TIME Not more than _______ days is a reasonable time for the hearing of all of the evidence and legal argu- ment/summation.   The Applicant/Respondent requests the following spe- cific date and time for the trial to occur: ____________ _____________________________________________ The reason for this request is: _____________________ _____________________________________________ 7.

UNDERTAKINGS/UPDATES   The parties and their counsel shall participate in a Trial Readiness Conference when requested by the Court.   The Applicant/Respondent undertakes to keep his/her finan- cial information current by filing with the Court and deliver- ing to the opposing party the updated financial information

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 230 at least 7 days before the tr ial, in accordance with rule 56A.39 of the Rules of the Supreme Court, 1986. The Applicant/Respondent undertakes to promptly advise the Court: (

a) if a settlement has been reached prior to the trial date. AND (

b) if, after this Case Management date, it is anticipated that the estimated duration of the trial or contemplated pro- cedural matters will delay or shorten the estimated trial time. 8. COUNSEL If the Applicant/Respondent has counsel: The Applicant/Respondent’s lawyer who will take car- riage of the trial is ______________________________ _____________________________________________ If the Applicant/Respondent is self-represented: I do/do not anticipate having a lawyer for the trial.

If I do anticipate having a lawyer for the trial, the lawyer will be _______________________________________ _____________________________________________ Dated at ___________, Newfoundland and Labrador, this ______ day of _______, 20_____. Applicant/Respondent or Solicitor for the Applicant/Respondent Address

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 231 TO: Applicant/Respondent Address AND TO: The Supreme Court of Newfoundland and Labrador Trial Division (General / Family) 42.

Form 56A.24A of the rules is repealed and the following substituted: Form 56A.24A (rule 56A.24) In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Notice of Application for Judgment (Uncontested Family Law Proceedings) To The Respondent (or the Applicant): TAKE NOTICE that an application for judgment in this proceeding will be made to the presiding judge at the courthouse in _____________________________, Newfoundland and Labrador.

AND FURTHER TAKE NOTICE that in support of the application will be read the pleadings in this pr oceeding, the affidavit of service of the originating application and the affidavit of the applicant/respondent (also set out here any other material filed) _______________________ _________________________________________________________. Dated at ___________, Newfoundland and Labrador, this ______ day of _______, 20_____.

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 232 Registrar of the Supreme Court of Newfoundland and Labrador Address of party/party=s lawyer This document was delivered to ( name) ____________ at __________ in the Province of Newfoundland and Labrador this ____________ day of ____________, 20_____. (Proof of Service attached) 43.

Form 56A.24C of the rules is repealed and the following substituted: Form 56A.24C (rule 56A.24) In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Affidavit of Applicant (Uncontested Family Law Proceeding) I, (name) ___________, of (city) ____________, in the Province of _______________, make Oath and say/affirm as follows: GENERAL 1.

I am the Applicant/Respo ndent in the proceeding named above and I have personal knowledge of the facts herein de- posed, except where stated to be information learned from

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 233 someone else and where that is stated, I believe the informa- tion to be true. 2. No other legal proceedings have been commenced by me or the Applicant/Respondent with reference to the marriage, cohabitation, custody, support or division of property, ex- cept: (specify) _____________________________________ ________________________________________________ ________________________________________________ 3. There is no Agreement r eached between the Appli- cant/Respondent and myself.

OR   There is an Agreement betw een the Appli cant/Respondent and myself, a copy of which is:   attached to this Affidavit OR  has been filed with the Court, which pertains to:   Custody   Access   Child Support   Spousal/Partner Support   Parental Support   Matrimonial Property   Property of Common Law Spouses   Other: (specify) ____________________________

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 234 4. All claims for relief referred to in my Originating Applica- tion/Response/Interim Application remain true and accurate as of the date I sign this Affidavit. 5.

All statements referred to in my Originating Applica- tion/Response/Interim Application remain true and accurate as of the date I sign this Affidavit, except as follows:   Custody _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________   Access _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________   Child Support (In the event that there is a change in the financial circumstances of the parties since the filing of the Originating Application/Response, you must file an updated Financial Statement.

If you are seeking child support and the payor has not filed his/her income in- formation, you must also provide evidence of the payor’s income.) _______________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________   Spousal/Partner/Parental Support (In the event that there is a change in the financial circumstances of the parties since the filing of the original Financial Statement, you must file an updated Financial Statement.) __________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________   Matrimonial Property/Property Claim by Common Law Spouses (In the event that there is a change in the fi-

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 235 nancial circumstances of the parties since the filing of the original Property Statement, you must file an up- dated Property Statement.) _______________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________   Other (specify) ________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ UNCONTESTED DIVORCE MATTERS 6.

There is no prospect of reconciliation of the marriage be- tween the Applicant/Respondent and myself. 7. The Applicant/Res pondent and I have remained living sepa- rate and apart from the date of our separation to the date of this Affidavit.

JUDGMENTS 8. The present address of the Applicant/Respondent where service of the judgment may be made is: ________________ ________________________________________________ The basis of my information and belief as to the address of the Applicant/Respondent is as follows: ________________ ________________________________________________ OR   Service of the judgment upon the Applicant/Respondent should be dispensed with for the following reasons: _______ ________________________________________________ 9. Where an earlier date of effect of a divorce judgment is sought

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 236   The divorce judgment should take effect on the day the judgment is rendered. OR   The divorce judgment should take effect on the ___________ day following the day the divorce judg- ment is rendered.

Reasons for requesting an earlier date of effect of the di- vorce judgment: ___________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ An undertaking by myself and the Applicant/Respondent that no appeal from the divorce judgment will be taken is at- tached as Exhibit "______". 10.

Costs are claimed in the amount of $________________ for the following reasons: ______________________________ ________________________________________________ ________________________________________________ CLAIMS SOUGHT 11. I seek the relief set forth in the draft judgment attached as Exhibit "_______". SWORN TO OR AFFIRMED at __________ in the Province of Newfoundland and Labrador this _______ day of __________, 20 ___. Commissioner of Oaths/Justice of the Peace Signature

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 237 44.

The rules are amended by adding immediately after Form 56A.24C the following: Form 56A.25A (rule 56A.25) In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Affidavit of Execution I, (name of witness) _________, of (city) _________ in the Prov- ince of Newfoundland and Labrador make oath (or affirm) and say that on the _________ day of _________, 20_____, I was present and did see ( name) _________ sign his / her name to the Order / Agreement attached.

SWORN TO OR AFFIRMED at __________ in the Province of Newfoundland and Labrador this _______ day of __________, 20 ___. Commissioner of Oaths/Justice of the Peace Signature 45. The rules are amended by adding immediately after Form 56A.25A the following:

Rules of the Supreme Court, 1986 (Amendment) 30/10 The Newfoundland and Labrador Gazette May 28, 2010 238 Form 56A.25B (rule 56A.25) In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ____________ Court File No. ____________

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2010-05-28
Type	gazette
Volume / chapter	printer gazette weekly issues 2010 2010 05 28
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	2c1e7809aeb098d8b658eccc9359a590e9546f23

Source file is stored in the law ingest library (pdf).