377 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 86 ST. JOHN’S, FRIDAY, NOVEMBER 4, 2011 No. 44 JUDICATURE ACT SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION Rules of the Supreme Court, 1986 PRACTICE NOTE P.N. (TD) No. 2011-02 DATE ISSUED: October 28, 2011 RULES AFFECTED: 56A.17, 56A.18 EFFECTIVE DATE: October 28, 2011 PREVIOUS PRACTICE NOTES REVISED: N/A The following Practice Note is published pursuant to Rule 4.04 of the Rules of the Supreme Court, 1986. EX PARTE APPLICATIONS IN FAMILY PROCEEDINGS Background and Purpose 1.

The following practice note is issued to provide guidance on the issuance and disposition in family proceedings of ex parte applications (an application by on e party without notice to any other pa rty or person). Examples of such applications provided for in the Rules of the Supreme Court, 1986 are: renewal of an originating document (r. 5.06(2)); order for substituted service (r. 6.04(2)); leave to issue a contempt application (r. 53.02(1)); leave to file an interim application pursuant to r. 56A.16(8). 2.

This Practice Note does not apply to warrants under the Children and Youth Care and Protection Act, SNL. 2010, cC-12.2.

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 4, 2011 378 Practice Note 3. Wherever possible, the applicant should include with the application a draft of the formal order sought by the application. 4. Provided that all necessary documents are provided in prescribed form including, where appropriate, the documents required by r. 56A.17(2), the ex parte application will be issued by the Registry. 5. The application will be brought to a judge for review. The judg e may, in his or her discretion, do one or more of the following: (

i) without ruling on the application, require the applicant to provide addi tional information in appropriate form, and so indicate by means of a signed and dated endorsement on the application itself; (ii) without ruling on the appl ication, require the applicant to appear in open court to address the application, and so indicate by means of a signed and dated endorsement on the application itself; (iii) allow the application and so in dicate on the application itself by me ans of a signed and dated endorsement which provides, where the judge considers it necessary, reasons in

summary form for allowing the application; (iv) dismiss the application and so indicate on the application itself by means of a signed a nd dated endorsement which includes reasons in

summary form for dismissing the application; (

v) sign a formal order reflecting the disposition of the application; (vi) where appropriate, direct the Registry to set a return date for an inter partes appearance in accordance with r. 56A.18(2). 6. In the event that no formal order is signed reflecting the dis position of the application, the endorsement of the judge on the application itself will be considered for all purposes to be the formal order. 7.

Upon the return of the file to the Registry, the Registry will advise the applicant of the disposition of the application as reflected in the written endorsement on the application, an d will cause the disposition of the application (granted, refused, or otherwise) to be entered into the court’s case management system. Authorized by: DAVID B. ORSBORN Chief Justice of the Supreme Court of Newfoundland and Labrador, Trial Division DARLENE WELLS for Registrar of the Supreme Court of Newfoundland and Labrador Nov 4

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 4, 2011 379 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION TOWN OF RED BAY MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS TAKE NOTICE that the TOWN OF RED BAY Municipal Plan and Development Regulations, adopted on the 11th day of January, 2011, and approved on the 4 th day of June, 2011, has been registered by the Minister of Municipal Affairs. The Municipal Plan and Deve lopment Regulat ions come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of them may do so at the Red Bay Town Office during normal working hours. TOWN OF RED BAY Elizabeth Yetman Nov 4 TRUSTEE ACT ESTATE NOTICE IN THE ESTATE of HAROLD GABRIEL , Late of the Town of Stephenville, in the Province of Newfoundland and Labrador, deceased: March 6th, 1985.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of HAROLD GABRIEL, late of the Town of Stephenville, in the Province of Newfoundland and Labrador, deceased, are hereby requested to send the particulars of the same in writing, duly attested, to the undersigned Solicitor for the Administrator of the Estate on or before the 30 th day of November, 2011, after which da te the said Administrator will proceed to distribute the said Estate having regard only to the claims of which notice shall have been received.

DATED at Stephenville, Newf oundland and Labrador, this 27th day of October, 2011. ROXANNE PIKE LAW OFFICE Solicitor for the Administrator PER: Roxanne Pike ADDRESS FOR SERVICE P. O. Box 272 43 Main Street Stephenville, NL A2N 2Z4 Tel: (709) 643-6436 Fax: (709) 643-9343 Nov 4 ESTATE NOTICE IN THE ESTATE of MAX DUDLEY BRAZIL SHEARS , Late of the Town of Stephenville, in the Province of Newfoundland and Labrador, deceased: September 23 rd, 1996.

All persons claiming to be cr editors of or who have any claims or demands upon or affecting the Estate of MAX DUDLEY BRAZIL SHEARS , late of the Town of Stephenville, in the Pr ovince of Newfoundland and Labrador, deceased, are hereby requested to send the particulars of the same in wr iting, duly attested, to the undersigned Solicitor for the Administrator of the Estate on or before the 30th day of November, 2011, after which date the said Administrator will proceed to distribute the said Estate having regard only to the claims of which notice shall have been received.

DATED at Stephenville, Newf oundland and Labrador, this 26th day of October, 2011. ROXANNE PIKE LAW OFFICE Solicitor for the Administrator PER: Roxanne Pike ADDRESS FOR SERVICE P. O. Box 272 43 Main Street Stephenville, NL A2N 2Z4 Tel: (709) 643-6436 Fax: (709) 643-9343 Nov 4

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 86 ST. JOHN’S, FRIDAY, NOVEMBER 4, 2011 No. 44 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 98/11 NLR 99/11

The Newfoundland and Labrador Gazette November 4, 2011 689 NEWFOUNDLAND AND LABRADOR REGULATION 98/11 Newfoundland and Labrador T'Railway Provincial Park Proclamation (Amendment) under the Provincial Parks Act (Filed November 1, 2011) Under the authority of subsection 4(2) of the Provincial Parks Act, I make the following order. Dated at St. John’s, October 25, 2011. Ross Wiseman Minister of Environment and Conservation REGULATIONS Analysis 1. Sch. Amdt. 1. The Newfoundland and Labrador T'Railway Provincial Park Proclamation is amended by adding at the end of the

Schedule the following: The area described in this

Schedule is decreased by removing the following parcel of land: All that piece or parcel of land situ ate and being on the south side of Forest Avenue, in the City of Mount Pearl, in the Provincial Electoral District of Mount Pearl North, abutted and bounded as follows: NR 93/97 as amended

Newfoundland and Labrador T'Railway Provincial Park Proclamation (Amendment) 98/11 The Newfoundland and Labrador Gazette November 4, 2011 690 Beginning at a point, in the southern limit of Forest Avenue, the said point being distant 142.857 metres from Control Monument No. 8OG2170 on a bearing of south 16  41' 30" west with a reference bear- ing of south 77 17' 30" east from Control Monument No. 8OG2171 to Control Monument No. 8OG2170; Then running by the Newfoundland and Labrador T'Railway Provincial Park south 15 56' 04" east 7.816 metres; Then running by the northern limits of the Newfoundland and Labrador T'Railway Provincial Park south 80 17' 33" west 50.185 metres; Then running along the eastern limits of Forest Avenue north 03  29' 52" east 5.215 metres; Then running along the southeastern limits of Forest Avenue along the arc of a curve having a chord b earing and distance of north 26  43' 58" east 3.348 metres and a radius of 21.133 metres; Then running by land of Wayne Piccott north 80  17' 33" eat 46.158 metres, more or less, to the point of beginning.

The above described parcel of land containing, in all, an area of 377.9 square metres, more or less. All bearing and co-ordinates being referred to the meridian of 53  west longitude of the 3  Transverse Mercator Projection, North American Datum 1983. ©William E. Parsons, Queen's Printer

The Newfoundland and Labrador Gazette November 4, 2011 691 NEWFOUNDLAND AND LABRADOR REGULATION 99/11 Newfoundland T'Railway Provincial Park Proclamation (Amendment) under the Provincial Parks Act (Filed November 1, 2011) Under the authority of subsection 4(2) of the Provincial Parks Act, I make the following Order. Dated at St. John’s, October 25, 2011. Ross Wiseman Minister of Environment and Conservation ORDER Analysis 1. Sch. Amdt. 1. The

Schedule to the Newfoundland T'Railway Provincial Park Proclamation is amended by repealing the description of Ocean Pond Parcel (No. 2) and substituting the following: 2. Ocean Pond Parcel (No. 2) NR 93/97 as amended

Newfoundland T'Railway Provincial Park Proclamation (Amendment) 98/11 The Newfoundland and Labrador Gazette November 4, 2011 692 Also, all that piece or parcel of la nd being a portion of the former Ca- nadian National Railway mainline right of way as shown on Special Plan No. 22 in the Registry of Crown Titles, situated and being at Ocean Pond in the Electoral District of Harbour Main-Whitbourne; More particularly described as a strip of land 22.86 metres wide run- ning parallel to and being perpendicu larly distant 7.62 metres on each side of the centreline of the railway right of way; Commencing at a point on the centreline at the mile 48 marker; Then running along the centreline in a generally northwesterly and a westerly direction to another point on the centreline at the mile 50 marker as shown on Special Plan No. 22. ©William E.

Parsons, Queen's Printer

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 4, 2011 693 Index

PART I Judicature Act– Notice ........................................................................................................ ......................................................... 377 Trustee Act– Notices .......................................................................................................... ......................................................... 379 Urban and Rural Planning Act, 2000 – Notice ................................................................................... .......................................... 379

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Provincial Parks Act Newfoundland and NLR 98/11 Amends Nov 4/11 p. 689 Labrador T’Railway NLR 93/97 Provincial Park Sch. Amdt. Proclamation (Amdt.) Newfoundland and NLR 99/11 Amends Nov 4/11 p. 691 Labrador T’Railway NLR 93/97 Provincial Park Sch. Amdt. Proclamation (Amdt.)

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 4, 2011 694 The Newfoundland and Labrador Gazette is published from the office of William E. Parsons, Queen’s Printer. Copy for publication must be received by Friday, 4:30 p.m., seven days before publication date to ensure inclusion in next issue. Advertisements must be submitted in either PD F format or as a MSWord file. When this is not possible, advertisements must be either typewritten or printed legibly, sepa rate from covering letter. Number of inser tions required must be stated and the name s of all signing officers typewritten or printed.

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