Newfoundland and Labrador Gazette, Part I — 24 February 2017, Vol. 92, No. 8 — Mineral Act Notice

NLG 2017-02-24

Newfoundland and Labrador — Gazette

73 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 92 ST. JOHN’S, FRIDAY, FEBRUARY 24, 2017 No. 8 FORESTERS ACT The following is a certified list of professional foresters registered under

Section 40 of the Foresters Act, SNL2011, cF- 22.1 as of December 31, 2016. 2016 ALPHABETIC MEMBER REGISTER RPF # Last Name First Name Admission Date 88 Anderson Adam 5/31/2012 105 Andrews Tim P. 4/16/2014 45 Armstrong Bruce J. 5/31/2012 70 Balsom Stephen 5/31/2012 14 Benoit Perry 5/31/2012 13 Blackmore Edward 5/31/2012 16 Brain Donald 5/31/2012 17 Brown Wayne A. 5/31/2012 6 Buggie William 5/31/2012 40 Butt Frazer 5/31/2012 60 Callahan Christopher T. 5/31/2012 115 Carr Alexander 8/15/2016 76 Carroll Colin 5/31/2012 111 Chamberlain David 10/21/2015 1 Cheeks David R. 5/31/2012 2 Churchill Matt 5/31/2012 25 Clarke Wm.

M. 5/31/2012 110 Clarke Andrew 10/21/2015 107 Coady Craig G. 4/16/2014 9 Cohlmeyer Chris 5/31/2012 11 Coombs Bruce L. 5/31/2012 20 Deering Keith W. 5/31/2012 97 Duffett Paul 5/31/2012 55 Earle Eric H. 5/31/2012 50 English Basil 5/31/2012 12 Evans James W. 5/31/2012 29 Fleming Gerald 5/31/2012 8 Frampton Bert 5/31/2012 114 Frampton David A.N. 10/21/2015 62 Gibbons George 5/31/2012 99 Glode Jason 5/31/2012 94 Greene Sean 5/31/2012 79 Greening Kirk P. 5/31/2012 96 Griffin Chris 5/31/2012 78 Harty Thomas 5/31/2012 84 Hearn Debbie 5/31/2012 93 H iggins Tamara M. 5/31/2012 67 Hillyard Rod L. 5/31/2012 89 Holloway Laurie 5/31/2012 116 Isaacs Tawny 8/15/2016 65 Kean Shawn 5/31/2012 51 Kelly Wayne T. 5/31/2012 82 Kennedy Jamie 5/31/2012 3 Knee C Glen 5/31/2012 77 Knott Faron T. 5/31/2012 106 Lavigne Dan R. 4/16/2014 22 Masters Allan 5/31/2012 53 McLaren Brian 5/31/2012 49 Mercer David W. 5/31/2012 24 Moores Len 5/31/2012 104 Morgan Wesley G. 4/16/2014 68 Motty Jeff 5/31/2012 31 Moulton Timothy A. 5/31/2012

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 24, 2017 74 83 Myles Daniel 5/31/2012 37 Nazir Muhammad 5/31/2012 86 Oke Bryan R. 5/31/2012 81 Parsons Rebecca 5/31/2012 109 Penney Andrew 10/21/2015 52 Pond Jason T. 5/31/2012 72 Poole David 5/31/2012 95 Richards Sara 5/31/2012 35 Roberts Bruce A. 5/31/2012 113 Roche Michelle 10/21/2015 59 Schlossek Tanya E. 5/31/2012 108 Short Jeremy D. 4/16/2014 36 Skeard Francis 5/31/2012 112 Smith-Bailey Inga 10/21/2015 90 Sparkes Kenneth 5/31/2012 38 Stewart Edward C. 5/31/2012 47 Sutton Kevin 5/31/2012 30 Taylor James A. 5/31/2012 42 Tompkins Patrick T. 5/31/2012 102 Tremblay Martin 5/31/2012 91 Tulk Kirby A. 5/31/2012 100 Whalen Paul R. 5/31/2012 103 White Bradley A. 4/16/2014 92 White Shannon 5/31/2012 101 Wight Corey 5/31/2012 85 Yates Peter 5/31/2012 80 Young Eric M. 5/31/2012 ASSOCIATION OF PROFESSIONAL FORESTERS OF NL Jason T.

Pond, RPF Executive Director and Registrar Feb 24 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, RSNL1990 cM-12 as amended. Mineral rights to the following mineral licenses have reverted to the Crown: Mineral License 015985M Held by Gosine, Tom Situate near Glenwood, Central NL On map sheet 02D/15 A portion of license 022784M Held by Clode Sound Resources Inc. Situate near Taylors Mountain, Southern NL On map sheet 01M/10 more particularly described in an application on file at Department of Natural Resources.

Mineral License 011367M Held by Champion Iron Mines Limited Situate near Crooked Lake, Central NL On map sheet 12H/01 Mineral License 012599M Held by Taylor, Ronald Situate near Harmsworth Steady, Central NL On map sheet 12A/07, 12A/10 Mineral License 012701M Held by King, David Situate near Budgell Harbour, Central NL On map sheet 02E/06 Mineral License 012923M Held by King, David Situate near Budgell Harbour, Central NL On map sheet 02E/06 A portion of license 018409M Held by Duffitt, Alexander S.

Situate near Clarenville, Eastern NL On map sheet 02C/04, 02D/01 more particularly described in an application on file at Department of Natural Resources. Mineral License 019430M Held by Canstar Resources Inc.

Situate near Buchans Junction, Central NL On map sheet 12A/16, 12A/15 Mineral License 022380M , 022381M Held by Buchans Minerals Corporation Situate near Lloyds Lake, Central NL On map sheet 12A/05 Mineral License 019480M Held by Cooper, Kevin Situate near Barren Lake, Central NL On map sheet 12A/10 Mineral License 024458M Held by MacDonald, David Situate near North of Shoulder Blade Lake, Central NL On map sheet 12A/16 A portion of license 022504M Held by MacDonald, David Situate near N orth of Shoulder Blade Lake, Central NL On map sheet 12A/16 more particularly described in an application on file at Department of Natural Resources.

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 24, 2017 75 Mineral License 019500M Held by Jason White(50%)/ R. James Weick(50%) Situate near Mobile First Pond, Avalon Peninsula On map sheet 01N/07 Mineral License 024088M Held by Stockley, Stephen Situate near Gambo, Central NL On map sheet 02D/16 Mineral License 019666M Held by Bartow Resources Inc.

Situate near Menihek Lake Area On map sheet 23G/07 Mineral License 019812M Held by Hicks, Darrin Situate near Salmonier Pond, Southern NL On map sheet 01M/12 Mineral License 020381M Held by Dearin, Charles Situate near Frenchmans Cove, Southern NL On map sheet 11P/11 Mineral License 020391M Held by Quinlan, Larry Situate near North Branch River, Western NL On map sheet 11O/15 Mineral License 020467M Held by Burton, Jason Situate near East of La Scie, Baie Verte Peninsula On map sheet 02E/13 Mineral License 020513M Held by Burton, Jason Situate near Gull Pond, Baie Verte Peninsula On map sheet 02E/13, 12H/16 Mineral License 020550M Held by 7842384 Canada Inc.

Situate near Doucers Brook, White Bay Area On map sheet 12H/10 Mineral License 020562M Held by 7842384 Canada Inc. Situate near Doucers Brook, White Bay Area On map sheet 12H/10 Mineral License 020563M Held by 7842384 Canada Inc.

Situate near Doucers Brook, White Bay Area On map sheet 12H/10 Mineral License 020623M Held by Rogers, Peter Situate near Pilier Bay Area, Great Northern Peninsula On map sheet 02L/13 A portion of license 023852M Held by S tockley, Stephen Situate near Big Bear Cove Pond, Central NL On map sheet 02E/01 more particularly described in an application on file at Department of Natural Resources. Mineral License 021412M Held by Noel, E. Michele Situate near Hickeys Pond, Burin Peninsula On map sheet 01M/16 Mineral License 021413M Held by Noel, E.

Michele Situate near Hickeys Pond, Burin Peninsula On map sheet 01M/16 Mineral License 021415M Held by Noel, E.

Michele Situate near Hickeys Pond, Burin Peninsula On map sheet 01M/16 Mineral License 024191M Held by Hicks, Darrin Situate near Salmonier Pond, Southern NL On map sheet 01M/12 Mineral License 021482M Held by Fox, Natasha Khan Situate near Rocky Pond Area, Western NL On map sheet 12H/05 Mineral License 021483M Held by Fox, Natasha Khan Situate near Rocky Pond Area, Western NL On map sheet 12H/05 Mineral License 021484M Held by Jones, Brian Situate near Noel Pauls Brook, Central NL On map sheet 12A/07 A portion of license 023048M Held by Burt, Clyde Situate near Weirs Brook Area, Central NL On map sheet 02E/02, 02E/01 more particularly described in an application on file at Department of Natural Resources.

Mineral License 021519M Held by Ryan, Kevin Situate near Long Gully, Avalon Peninsula On map sheet 01N/06

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 24, 2017 76 Mineral License 021520M Held by Ryan, Kevin Situate near Long Gully, Avalon Peninsula On map sheet 01N/06 Mineral License 021521M Held by Kelloway, Keith Situate near Ahwachanjeesh Pond, Southern NL On map sheet 12A/01 Mineral License 023045M Held by Burt, Clyde Situate near Weirs Brook Area, Central NL On map sheet 02E/02 Mineral License 021569M Held by Warren, Perry Situate near Weirs Brook Area, Central NL On map sheet 0 2E/01 Mineral License 021616M Held by Goeppel, Nicolai Situate near Witless Bay, Avalon Peninsula On map sheet 01N/07 Mineral License 021617M Held by Goeppel, Nicolai Situate near Witless Bay, Avalon Peninsula On map sheet 01N/07 Mineral License 021618M Held by Goeppel, Nicolai Situate near Witless Bay, Avalon Peninsula On map sheet 01N/07 Mineral License 023477M Held by Stares, Robert T.

Situate near Cabot Lake On map sheet 14D/02 Mineral License 024304M Held by Natural, Resources Situate near Fortune Bay, Southern NL On map sheet 01M/04 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Exempt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/00, 36/01, 31/04, 78/06, 8/08, 28/09, 5/13 and 3/17 and outlined on 1:50 000 scale digital maps maintained by the Department of Natural Resources, will be open for staking after the hour of 9:00 a.m. on the 32 nd clear day after the date of this publication.

DEPARTMENT OF NATURAL RESOURCES Justin Lake, Manager - Mineral Rights File #'s 774: 4480, 5840, 6433, 7493, 7579, 7801; 775: 1765, 2660, 2667, 2698, 2701, 2717, 2765, 2843, 2918, 3338, 3347, 3394, 3437, 3467, 3477, 3478, 3521, 3649, 3989, 3990, 3992, 3994, 4053, 4054, 4055, 4065, 4078, 4079, 4080, 4090, 4122, 4146, 4147, 4148, 5313, 5934. Feb 24 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION TOWN OF COME BY CHANCE MUNICIPAL PLAN AMENDMENT No. 1-9, 2015 AND DEVELOPMENT REGULATIONS AMENDMENT No.

DR 1-8, 2015 TAKE NOTICE that the TOWN OF COME BY CHANCE Municipal Plan Amendment No. 1- 9, 2015 and Development Regulations No. DR 1-8, 2015, adopted by Council on the 18 th day of January, 2016, has been registered by the Minister of Municipal Affairs.

In general terms, the Municipal Plan Amendments will: • No.1, reflect the changes in demographic realities and an aging population base. • No.2, allow back-lot development in the Residential land use designation. • No.3, discontinue the practice of allowing Mobile and Mini Homes within the Residential land use designation. • No.4, include Home Childcare Services as a permitted Residential use. • No.5, allow a diversity of housing types that includes modular and prefabricated homes. • No.6, change the words Urban Reserve to Comprehensive Development Area to more correctly describe the intended use of land. • No.7, allow future infill developments as backlot development under Mixed Development uses. • No.8, change the designation of specific lands adjacent to currently designated Mixed Development areas. • No.9, change the land use designation Rural to Comprehensive Development area in order to consider long-term development applications with development agreements.

In general terms, the Development Regulation Amendments will: • No. DR 1, add certain

definitions. • No. DR 2, add certain Discretionary Use Classes and conditions. • No. DR 3, amend Urban Reserve (UR) to Comprehensive Development Area (CDA). • No. DR 4, amend Mixed Development (MD) to allow greater flexibility for residential uses and more flexibility with respect to commercial opportunities. • No. DR 5, amend Industrial General (IG) to define uses (passive open space recreational).

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 24, 2017 77 • No. DR 6, amend the condition surrounding Recreational Open Space to ensure consistency. • No. DR 7, rezone land to accommodate discretionary use applications. • No. DR 8, rezone land from Rural to Compressive Development Area in order to consider long -term development applications and development agreements. The TOWN OF COME BY CHANCE Municipal Plan Amendments No.1-9, 2015, and Development Regulation Amendments No. 1-8, 2015, comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of the TOWN OF COME BY CHANCE Municipal Plan Amendment No.1-9, 2015, and Development Regulations Amendment No. 1-8, 2015, may do so at the Town Office, Come by Chance during normal working hours. TOWN OF COME BY CHANCE Jennifer Philpott, Town Clerk/Manager Feb 24 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of BERNARD AUCOIN, Late of Stephenville, in the Province of Newfoundland and Labrador, Deceased: December 12, 2016.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of BERNARD AUCOIN, Late 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 29th day of March, 2017 , 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, Newfoundland and Labrador, this 16 th day of February, 2017. 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 Feb 24 ESTATE NOTICE I N THE MATTER OF the Estate of DULCIE GILLAM, Homemaker, Late of the Town of Channel -Port aux Basques, District of Burgeo - L apoile, P rovince of Newfoundland and Labrador, Canada, Deceased.

A ll persons claiming to be creditors of , or who have any claims or demands either as beneficiaries or next -of-kin, (by blood, legal adoption or marriage) upon or affecting the Estate of DULCIE GILLAM, Homemaker, Deceased, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned solicitors for the Executrix of the Estate of the said Deceased on or before the 30 th day of March, 2017, after which date the said Executrix will proceed to distribute the said Estate having regard only to the claims to which she shall then have had notice.

DATED AT the Town of Channel -Port aux Basques, Province of Newfoundland and Labrador, this 17 th day of February, 2017. MARKS & PARSONS Solicitors for the Executrix PER: M. Beverley L. Marks, Q.C. ADDRESS FOR SERVICE: P.O. Box 640 174 Caribou Road Channel-Port aux Basques, NL A0M 1C0 Tel: (709) 695-7338 (709) 695-7341 Fax: (709) 695-3944 Feb 24 ESTATE NOTICE IN THE MATTER OF the Estate of JOHN LEE MCLEAN, Late of St. John’s in the Province of Newfoundland and Labrador, Deceased.

All persons claiming to be creditors of, or who have any claims or demands either as beneficiaries or next-of-kin (by full or half blood, legal adoption or marriage) upon or affecting, the Estate of JOHN LEE MCLEAN, G entleman, who died at St. John’s, NL on or about 6 th day of December, 201 5, are hereby requested to send particulars thereof in writing, duly attested, to: Office of the Public Trustee, Suite 401, Viking Building, 136 Crosbie Road, St. John’s, NL, A1B 3K3.

Particulars will be received by the Public Trustee, as Administrator of the Estate of JOHN LEE MCLEAN, on or before 28 th day of March, 2017, after which date the said Administrator will proceed to distribute the Estate having regard only to the claims of which he then shall have had notice.

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 24, 2017 78 DATED AT the City of St. John’s, in the Province of Newfoundland and Labrador, this 24 th day of February, 2017. OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of JOHN LEE MCLEAN ADDRESS FOR SERVICE: Suite 401, Viking Building 136 Crosbie Road St. John's, NL A1B 3K3 Tel: (709) 729-0850 Fax: (709) 729-3063 Feb 24

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 92 ST. JOHN’S, FRIDAY, FEBRUARY 24, 2017 No. 8 NEWFOUNDLAND AND LABRADOR REGULATION NLR 11/17

The Newfoundland and Labrador Gazette February 24, 2017 55 NEWFOUNDLAND AND LABRADOR REGULATION 11/17 Rules of Supreme Court, 1986 (Amendment) under the Judicature Act (Filed February 21, 2017) 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, February 9, 2017. Raymond P. Whalen Chairperson, Rules Committee REGULATIONS Analysis 1.

Part II.1 Rep. 2.

Part IV Added P A R T I V TRIAL DIVISION FAMILY RULES

Section 1 - How to Refer to this Part, What Proceedings this Part Applies to, and How to Interpret this Part F1 Reference, Application, and

Interpretation

Section 2 - Access to the Court and Confidentiality F2 Access to Court Records F3 Access to Proceedings

Section 3 - How to Start or Respond to a Proceeding F4 How to Start a Proceeding F5 How to Apply to Vary a Final Order F6 How to Respond to an Originating Application or an Originating Application for Variation F7 How to Reply to a Response F8 Providing Notice and Serv- ing Documents on Other Parties or Persons

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 56

Section 4 - How to Get Information for your Case F9 General Rules Relating to Exchanging Information and Documents F10 Disclosure Requirements F11 Getting Additional Infor- mation F12 Expert Reports F13 Investigations and Reports Ordered by a Judge

Section 5 - Court Assistance in Managing your Case F14 Case Management

Section 6 - Resolving Issues in an Ongoing Proceeding (Making Interim Applica- tions) F15 General Rules Applicable to Interim Applications F16 Interim Applications without Notice for a Procedural Or- der F17 Emergency Interim Applica- tions (Getting a Temporary Order) F18 Interim Applications with Notice F19 Varying an Interim Order before a Final Order is made

Section 7 - Facilitated Reso- lution of Claims F20 Responsibility of Parties F21 Confidentiality and Use of Information in Dispute Resolution F22 Family Justice Services F23 Offers to Settle F24 Court Ordered Mediation F25 Settlement Conferences

Section 8 - Resolving Claims without a Trial F26 Uncontested Proceedings F27 Pre-Trial Determination of Question of Fact or Law F28

Summary Judgment

Section 9 - Trial Procedure F29 How to Get a Trial Date F30 Trial Readiness Conferences F31 Informal Trial F32 Evidence and Affidavits

Section 10 - Costs, Orders, Judgments, and Enforcement F33 Costs F34 Orders, Judgments, and Enforcement

Section 11 - Special Rules Applicable to Certain Types of Proceedings F35 Provisional Support Orders - Divorce Act F36 Interjurisdictional Support Orders F37 Child Protection Proceed- ings F38 Applications for the Return of a Child under the Hague Convention on International Child Abduction F39 Review of Emergency Protection Orders made un- der the Family Homes on Reserves and Matrimonial Interests or Rights Act

Section 12 - General Rules F40 Court Administration 3. Forms 4. Commencement 1.

Part II.1 of the Rules of the Supreme Court, 1986 is repealed. 2. The rules are amended by a dding immediately after

Part III the following:

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 57

PART IV TRIAL DIVISION FAMILY RULES

Section 1 - How to Refer to this Part, What Proceedings this Part Applies to, and How to In- terpret this Part Rule F1 - Reference, Application, and

Interpretation F1.01

Part IV of the rules may be referred to separately as th e Trial Division Family Rules. F1.02

(1) This Part applies to proceedings in the Court, other t h a n appeals, related to any of the following matters: (

a) child protection; (

b) parenting; (

c) child, spousal, p artner, dependant, or parental support; (

d) enforcement of support orders; (

e) adoption; (

f) dividing property of spouses, former spouses, partners, an d former partners; (

g) formation, dissolution, and annulment of a marriage; (

h) separation; (

i) divorce; (

j) consent to medical treatment of minors; (

k) change of name of minors; (

l) declaration of parentage or validity of a marriage; (

m) adult protection; Referring to this Part Application of this Part

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 58 (

n) applications under the Family Relief Act; (

o) interspousal and familial torts; (

p) applications under the Family Homes on Reserves and Mat- rimonial Interests or Rights Act; and (

q) any other matter listed in subsection 43.9(1) of the Judica- ture Act.

(2) Where an issue respecting practice or procedure arises whi ch is not covered by this Part or b y an applicable statute, any of rules 1 to 4 or the rules in

Part I may be applied as required, with any n ecessary modifications. F1.03

(1) The purpose of this

Part is to (

a) promote the just, timely, and cost effective resolution of every proceeding; (

b) minimize conflict and promote cooperation between the parties; and (

c) minimize the impact that th e conduct of a proceeding may have on a child.

(2) Promoting the just, timely, and cost effective resolution of a proceeding includes, so far as is practical, conducting the pro ceeding in a way that is proportionate to (

a) the interests of any party or child affected; (

b) the importance of the issues in dispute; and (

c) the complexity of the proceeding.

(3) Every party to a proceeding must act in a manner which promotes the purpose of this Part.

(4) A judge, in determining whether to permit or restrict a pa r- ticular procedural step, must cons ider whether the procedural s tep is required after considering the purpose of this Part. Purpose of this Part

Definitions

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 59 F1.04 The following

definitions apply to this Part (a) "circuit location" means a court location, other than a ju di- cial center, designated by the Chief Justice and published in a practice note; (b) "corollary relief proceedi ng" means a proceeding under the Divorce Act (Canada) in which either or both former spouses seek a child support order, a spousal support order, or a par- enting order; (c) "divorce proceeding" includes a proceeding in which a part y seeks an order for divorce or an order for corollary relief; (d) "Family Justice Services" is a division of the Department of Justice and Public Safety offering education and information sessions, mediation and counselling services, or any combi- nation of these services (

i) to parties or their children where such services are re- quired by the Court, or (ii) to those persons who have not yet started a proceeding but wish to avail of the services in order to assist in the non-adversarial resolution of their dispute; (e) "guidelines" means the Federal Child Support Guidelines established under the Divorce Act (Canada) and the Child Support Guidelines Regulations established under the Fami- ly Law Act; (f) "hearing" includes a trial; (g) "interim application" means an application for an order of a judge in an ongoing proceeding or, for the purpose of deter- mining a matter relating to a final order, following final judgment but does not include an application to vary a final order; (h) "judicial centre" means a j udicial centre of the Trial Division under the Judicature Act a n d i n c l u d e s t h e f o l l o w i n g C o u r t locations:

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 60 Corner Brook; Gander; Grand Bank; Grand Falls-Windsor; Happy Valley-Goose Bay; St.

John’s; (i) "Note to Court" is a document, the form of which has been approved by the Chief Justice, filed with the Court by Fami- ly Justice Services, which indicates whether the parties par- ticipated in a parenting information session and mediation and whether the family law dispute was resolved; (j) "officer of the court" includes a member of the Law Societ y of Newfoundland and Labrador in good standing; (k) "originating application" includes a joint originating app lica- tion unless the context requires otherwise; (l) "originating application for variation" includes a joint o rigi- nating application for variation unless the context requires otherwise; (m) "parenting order" means any order relating to custody or access; (n) "partial recovery costs" means party and party costs or co sts awarded in accordance with the scale of costs included as an appendix to rule 55 in

Part I, and "on a partial recovery ba- sis" has a corresponding meaning; (o) "party" means a party to a proceeding; (p) "pleadings" include any document required to make, respond to, or reply to a claim in a proceeding required by these rules, including: (

i) an Originating Application in Form F4.03A or F4.04A,

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 61 (ii) an Originating Application for Variation in Form F5.05A or F5.06A, (iii) a Response in Form F6.02A, (iv) a Reply in Form F7.02A, (

v) a Financial Statement in Form F10.02A, (vi) a Property Statement in Form F10.04A, (vii) an Interim Application for a Procedural Order in Form F16.03A, (viii) an Emergency Interim Ap plication in Form F17.03A, (ix) an Interim Application in Form F18.03A, (

x) an Affidavit in Response, (xi) an Affidavit in Reply; (q) "proceeding" means a proceeding described in rule F1.02(1) ; (r) "property claim" means a clai m in a proceeding for divisio n of property by a spouse, former spouse, partner, or former partner; (s) "shared custody" means a parenting arrangement where each party exercises a right of access to, or has physical custody of, a child for not less than 40 per cent of the time over the course of a year; (t) "special and extraordinary expenses" means those expenses set out in

section 7 of the guidelines; (u) "split custody" means a pare nting arrangement in which each party has custody of one or more children; (v) "substantial recovery costs" means costs awarded in an amount that is 1.5 times what would otherwise be awarded in accordance with the scale of costs included as an appen-

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 62 dix to rule 55 in

Part I, and "on a substantial recovery basis" has a corresponding meaning; (w) "support order" means an order for child, spousal, partner , dependant, or parental support; (x) "uncontested proceeding" means a proceeding in which (

i) the respondent has failed to file and serve a Response within the prescribed time, (ii) the Response has been withdrawn or struck out, (iii) the respondent has filed a Response stating that he or she is not contesting a claim in the application, (iv) the applicant has failed to file a Reply in relation to a claim against them made in the Response within the prescribed time, (

v) the Reply has been w ithdrawn or struck out, (vi) the applicant has filed a Reply stating that he or she is not contesting a claim in the Response, (vii) the parties have applied together for the same relief, o r (viii) each party to the proceedi ng has indicated their consen t on a draft judgment or order; (y) "undue hardship" means the undue hardship that would be incurred by a person ordered to pay a support order or a per- son entitled to receive support payments as described in sec- tion 9 of the guidelines; (z) "vary" or "variation" includes rescind and suspend, or res cis- sion and suspension. F1.05

(1) The Court must conduct proceedings under this Part a s the judge directs and as informally as the circumstances permit.

(2) A judge may, in proceedings under this Part, Proceedings under this Part

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 63 (

a) provide directions and make procedural orders that advance the purpose of this Part; and (

b) r e l i e v e a p a r t y f r o m s t r i c t c o m p l i a n c e w i t h a r u l e w h e r e it would cause injustice. F1.06

(1) These rules govern proceedings commenced, but not co m- pleted, prior to the coming into force of these rules, without prejudice to anything lawfully done under the former rules.

(2) A party may request a case management hearing to get di- rections if there is doubt about the application or operation o f these rules to a proceeding or if any difficulty, injustice, or impos sibility arises as a result.

(3) For the purpose of calculating time limitations, (

a) where no time limit was provided under the former rules, t he time limit under these rules applies, calculated from the date on which these rules come into force; (

b) where a time limit under these rules is shorter than the t ime limit under the former rules, the time limit under these rules applies, calculated from the date on which these rules come into force; and (

c) where a time limit under these rules is longer than the ti me limit under the former rules, the time limit under these rules applies, calculated from the time when the thing was to be done under the former rules.

Section 2 - Access to the Court and Confidentiality Rule F2 - Access to Court Records F2.01 The Court record of a proceeding, including the file and exhib- its, may only be accessed by (

a) a party; (

b) a party's lawyer; Transitional Who may access Court records

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 64 (

c) an authorized Court staff member; (

d) a judge; or (

e) a person authorized in accor dance with rules F2.02 or F2.03. F2.02

(1) A person may, at any t ime, apply for an order permit ting access to the Court record of a proceeding.

(2) The application must be made in accordance with the proce- dure set out in rule F18.04 ("Making an interim application aft er the first case management hearing").

(3) Despite subrule (2), an officer of the court may apply in accordance with rule F16 ("Interi m Applications without Notice for a Procedural Order") for a judge’s permission to access the Court record.

(4) Where a judge grants access to all or part of the Court re c- ord, the judge may do one or more of the following: (

a) require that the following information be redacted from an y documents provided (

i) personal data identifiers, (ii) personal information, and (iii) information that may be harmful to a child’s best inter- ests; (

b) require that the person g ranted access sign an undertaking , before such access is provided, to keep information obtained from the Court record in confidence; (

c) impose any condition on the access that the judge consider s appropriate. F2.03

(1) A registry clerk may p ermit a person authorized by a party or by a party's lawyer to access a document in the Court record. ( 2 ) D e s p i t e s u b r u l e ( 1 ) , t h e r e g i s t r y c l e r k m a y r e q u i r e t h a t the person sign an undertaking to keep the information obtained fro m the Court record in confidence before providing access. Request for access to Court record Access for author- ized person

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 65 Rule F3 - Access to Proceedings F3.01 A judge may exclude members of the public from all or pa rt of the proceeding where th e judge considers that person's presence to be unnecessary to the conduct of the proceeding and where the judg e is of the opinion (

a) that the disclosure of evidence or information presented t o the Court would be seriously injurious or seriously prejudi- cial to (

i) the person who is being dea lt with in the proceeding, or (ii) a person under the age of majority who is a witness in or is affected by the proceeding; or (

b) that it would be in the best interest of the proper admini stra- tion of justice.

Section 3 - How to Start or Respond to a Proceeding Rule F4 - How to Start a Proceeding F4.01

(1) This rule sets out (

a) the form to complete and the documents to file to start a proceeding; (

b) the information to include in the form; (

c) where to file the form and required documents; (

d) how to notify the other party that a proceeding has been started; and (

e) how to apply to have a pr oceeding transferred from one court location to another.

(2) This rule only applies to starting new proceedings. When proceedings may be held in private Scope of rule

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 66

(3) A proceeding to vary a final order for parenting or suppor t must be started in accordance with rule F5 ("How to Apply to Va ry a Final Order"). F4.02

(1) A proceeding may be started under this rule by one o r more persons.

(2) Subject to subrule (4), each person who starts a proceedin g must be named as an applicant.

(3) Each person against whom a claim is made must be named as a respondent. ( 4 ) W h e r e t w o o r m o r e p e r s o n s s t a r t a p r o c e e d i n g t o g e t h e r i n accordance with rule F4.04, each p arty must be named as a co- applicant.

(5) The description of the parties in the title of proceedings must remain the same in any subsequen t pleadings in that proceeding, sub- ject to rule F4.04(7). F4.03

(1) A person intending to start a proceeding where one o r more claims are in dispute must file (

a) one signed original and three copies of the signed Origina t- ing Application in Form F4.03A; and (

b) the documents required under rule F10 ("Disclosure Re- quirements") with three additional copies of each document.

(2) A person who starts a divorce proceeding under the Divorce Act (Canada) must file the following in addition to the documents re- quired under subrule (1) (

a) an original marriage certific ate or registration of marria ge, subject to rule F4.05; and (

b) a certified translation of the marriage certificate or reg istra- tion of marriage, where the certif icate or registration is in a language other than English or French. Starting a proceed- ing How to start a proceeding (where one or more claims in dispute)

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 67

(3) For greater certainty, two o r more persons may jointly file an Originating Application for a cl aim against one or more respond ents under subrule (1).

(4) Where an applicant claims for divorce on the ground that t he other spouse committed adultery with another person, the other person does not need to be named but, if named, the party claiming div orce must provide notice to that named person by arranging for a copy of the Originating Application, to be served, in accordance with rule F8 ("Providing Notice and Serving Documents on Other Parties or Pe r- sons"), on the named person.

(5) A person named under subrule (4) has all the rights of a respondent in relation to the claim of adultery. F4.04

(1) Two or more persons intending to jointly start a pro ceeding where the relief claimed is not in dispute must file (

a) one signed original and three copies of the signed Joint O rig- inating Application in Form F4.04A; and (

b) draft consent orders in (

i) Form F34.02A, for consent orders for support, and (ii) Form F34.02B for all consent orders other than support.

(2) The Joint Originating Application filed under subrule (1)( a) (

a) must be signed b y the co-applicants; (

b) must be signed and issued by a registry clerk following th e signatures of the co-applicants; and (

c) must not be noted for default.

(3) Co-applicants who start a divorce proceeding under the Di- vorce Act (Canada) must file the following in addition to the documents required under subrule (1) (

a) an original marriage certific ate or registration of marria ge, subject to rule F4.05; and How to start a proceeding (where relief claimed is not in dispute)

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 68 (

b) a certified translation of the marriage certificate or reg istra- tion of marriage, where the certif icate or registration is in a language other than English or French.

(4) A co-applicant who intends to withdraw from a joint origi- nating application must immediately (

a) file a Withdrawal of Joint Or iginating Application in Form F4.04B; and (

b) serve a copy of the Withdrawal of Joint Originating Applic a- tion on the other party, in accordance with rule F8 ("Provid- ing Notice and Serving Documents on Other Parties or Per- sons").

(5) A Withdrawal of Joint Originating Application must not be filed after a divorce judgment is issued.

(6) If a co-applicant files and serves a Withdrawal of Joint O rig- inating Application under subrule (4) and intends to oppose a c laim made in the application, or intends to claim other relief, that c o - applicant must file and serve a Response on the other party at the time of filing and serving the Withdrawal of Joint Originating Application.

(7) Where a former co-applicant has filed a Response under subrule (6), (

a) that former co-applicant must be named as the respondent o n all subsequent pleadings filed; and (

b) the other co-applicant must be named as the applicant on a ll subsequent pleadings filed. F4.05

(1) Where it is impossible or impractical to obtain a ce rtificate of the marriage or the registration of the marriage, the applic ant or respondent may apply without no tice in accordance with rule F16 ("In- terim Applications without Notice for a Procedural Order") for an order dispensing with the requirement to file a certificate or regist ration of the marriage.

(2) A person may apply in accordance with rule F16 ("Interim Applications without Notice for a Procedural Order") for permis sion to file an Originating Application or Response without a certifica te of the Where a certificate of marriage cannot be obtained

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 69 marriage or registration of the m arriage if the person claiming divorce undertakes to file that certificate within a time specified by a judge.

(3) The Court may accept a document that provides proof of marriage in a foreign jurisdicti on as proof of the marriage unl ess the contrary is proven. F4.06

(1) An Originating Application may contain any claim related to or connected with a claim made under rule F1.02 a person wishes t o make against one or more persons.

(2) A judge may, with the consent of the parties and in accord - ance with

section 43.11 of the Judicature Act, direct a non-family claim to be continued in a proceeding if the claim is related to or c onnected with a claim in that proceeding.

(3) A judge may deal with all issues in any way relating to th e claims made in an Originating Application, Originating Applicat ion for Variation, or Response even if an issue is not specifically ref erred to in the pleading and the judge may make any judgment or order that the judge considers appropriate. F4.07

(1) An Originating Application containing a claim for di vorce, parenting, or child support must include (

a) subject to subrule (2), the name, birth date, and place of residence of every child of the parties’ relationship whether or not the children are over the age of majority and whether or not any relief is claimed in relation to the child; or (

b) a statement that there are no children of the parties’ rel ation- ship.

(2) A party need not provide a residential address under subru le (1) where there is a concern of risk of harm to a party or child.

(3) An Originating Application containing a claim for child support must also include the following information: (

a) whether child support is sought in accordance with the tab le amount determined under the guidelines; (

b) whether the party claims Multiple claims Information which must be included in the Originating Application

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 70 (

i) support is payable for a child of the age of majority or over, (ii) the income of the payor is over $150,000.00, (iii) the payor stands in the pl ace of a parent for the child, or (iv) there is split or shared custody; (

c) whether a claim for undue hardship is being advanced; and (

d) whether special or extraord inary expenses are sought, the child to whom the expense relates and the particulars of the expense and amount claimed.

(4) An applicant claiming one or more of the following must state the material facts supporting the claim: (

a) unequal division of matrimonial property; (

b) entitlement to a share of business assets; (

c) undue hardship in a child support proceeding; (

d) division of property between common law spouses; (

e) spousal support, partner support, parental support, or de- pendant support.

(5) Subject to subrule (6), every Originating Application and Joint Originating Application must contain the following contac t in- formation for the filing party or parties: (

a) the office address, email address, and telephone and fax numbers of the party’s lawyer, if the party is represented by a lawyer in the proceeding; (

b) the residential address of the party or, if the party does not reside within the province, a postal address within this prov- ince;

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 71 (

c) where available, the email address, telephone number, and fax number of the party, if the party is not represented by a lawyer in the proceeding; and (

d) such other contact information that a registry clerk may specify.

(6) Where, for reasons of risk of harm to a party or a child, the party does not wish to provide the contact information set out in sub- rule (5), the party (

a) need not provide the information required under subrule (5 ) (b), where the party is represented by a lawyer; or (

b) where the party is not represented by a lawyer, (

i) need not provide the information required under subrule (5) (

b) or (c), but must designate an alternate person to receive service on the party’ s behalf, provide that per- son’s information on the Originating Application or Joint Originating Application, and provide their own contact information in a separate envelope marked "Confidential", or (ii) make a request to the registry for directions from a judge. F4.08

(1) The applicant must file the Originating Application at the judicial centre indicated on Form F4.03A or F4.04A that is clos est to the applicant’s or res pondent’s residence or , where the applica tion in- cludes a claim for child support o r parenting, closest to the c hildren’s residence if the children do not normally reside with the applicant.

(2) A registry clerk must issue the Originating Application wh en it is filed.

(3) All documents in a proceedin g must be filed in the same judicial centre as the Originati ng Application, unless a judge orders otherwise.

(4) Where a party requests that a proceeding be heard at a circuit location, a registry clerk may, if the registry clerk considers it neces- Where to start a proceeding (filing your form)

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 72 sary, set the proceeding to be heard at a location other than t he request- ed circuit location. F4.09

(1) The applicant must arra nge for a copy of the Origina ting Application and accompanying docum ents to be served, in accorda nce with rule F8 ("Providing Notice and Serving Documents on Other Par- ties or Persons"), on the respondent within 180 days of the dat e of issu- ance of the Originating Application.

(2) The applicant may, before or after the 180 days expires, apply in accordance with rule F16 ("Interim Applications withou t No- tice for a Procedural Order") to extend the time for serving.

(3) A judge may order that a pe rson who may have an interest in the matters in issue be served with a notice of the proceeding with or without adding that person as a party.

(4) Where a judge makes an order under subrule (3), the judge may provide directions about how to serve the notice on that pe rson and how to conduct the proceeding.

(5) An applicant does not need to serve the Joint Originating Application or accompanying documents on a co-applicant. F4.10

(1) A judge may, upon request of a party at a case manag ement hearing or at the judge’s discre tion, order that a proceeding b e trans- ferred to another judicial centre.

(2) A party may request to transfer a proceeding by filing a R e- quest for Case Management, in accordance with rule F14, after t he respondent to the proceeding has filed a Response.

(3) An application made under

section 6 of the Divorce Act (Canada) to transfer a divorce proceeding to this Court from a Court outside of this province must be accompanied by certified copie s of all pleadings and orders made in the out of province proceeding. Rule F5 - How to Apply to Vary a Final Order F5.01

(1) This rule sets out Notifying the other party (service) Transfer of a proceeding Scope of rule

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 73 (

a) when to make an application to vary a final order for pare nt- ing, child support, spousal support, partner support, parental support, or dependant support; (

b) the form to complete and the documents to include with the application; (

c) where to file the applicati on and required documents; and (

d) how to notify the other party that a variation proceeding has been started.

(2) This rule does not apply to the recalculation of child sup port orders made under the Child Support Service Regulations (under the Family Law Act). F5.02

(1) A person may only apply for variation of a final ord er for parenting, child support, spousal support, partner support, par ental support, or dependant support where (

a) the person can demonstrate a material change in circum- stances from the time the original order was made; and (

b) either (i) 180 days have expired from the date of the original order, or (ii) a judge grants permission.

(2) Where a person intends to make an application under subrul e (1) before 180 days have expired from the date of the original order, the person must first apply under rule F16 ("Interim Applications w ithout Notice for a Procedural Order") for permission to proceed with the application. F5.03 Where a judge determines that

section 18(2) of the Divorce Act (Canada) applies to an application for variation of a support order, the application will proceed in accordance with the Divorce Act (Canada) and rule F35 ("Provisional Support Orders"). F5.04

(1) An application for variation of a final order may be started under this rule by one or more persons. Restriction Applicability of rule F35 ("Provisional Support Orders") Applying to vary a final order

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 74

(2) Subject to subrule (4), each person who starts a proceedin g must be named as an applicant.

(3) Each person against whom a claim is made must be named as a respondent. ( 4 ) W h e r e t w o o r m o r e p e r s o n s s t a r t a p r o c e e d i n g t o g e t h e r i n accordance with rule F5.06, each person must be named as a co- applicant.

(5) The description of the parties in the title of proceedings must remain the same in any subsequen t pleadings in that proceeding, sub- ject to rule F5.06(6). F5.05

(1) A person intending to start an application to vary a f i n a l order where one or more claims is in dispute must file (

a) one signed original and three copies of the signed Origina t- ing Application for Variation in Form F5.05A which must include: (

i) subject to subrule (4), the place where the parties ordi- narily reside, (ii) subject to subrule (4), the following contact information for the filing party: (

A) the office address, email address, and telephone and fax numbers of the party’s lawyer, if the party is represented by a lawyer in the proceeding; (

B) the residential address of the party or, if the party does not reside within the province, a postal address within this province; (

C) where available, the email address, telephone num- ber, and fax number of the party if the party is not represented by a lawyer; and (

D) such other contact information that a registry clerk may specify; How to apply to vary a final order (where one or more claims in dispute)

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 75 (iii) subject to subrule (3), the name, birth date, and place of residence of every child of the parties’ relationship re- gardless of whether the children are over the age of ma- jority and regardless of whether any relief is claimed in relation to the child, (iv) the party’s marital status, (

v) details of the current parenting arrangements, (vi) details of current support arrangements, including de- tails of any unpaid support, (vii) details of the variation asked for and of the changed circumstances that justify a variation of the order, and (viii) in an application to vary a final order for support, whether the support was assigned to be paid to someone e l s e a n d a n y d e t a i l s o f t h a t a r r a n g e m e n t k n o w n t o t h e party asking for the variation; (

b) the documents required under rule F10 ("Disclosure Re- quirements") with three additional copies of each document; (

c) a copy of any existing agr eement that deals with parenting or support; and (

d) a copy of any existing order that deals with parenting or support that is not already part of the Court file.

(2) A person applying to vary a final order does not need to attach a document that has been p reviously filed with the Court if the Originating Application for Variation (

a) identifies the document; (

b) states that the document is in the Court file; and (

c) specifies either the date of the order or the filing date of the document.

(3) A party need not provide a residential address under subru le (1) where there is a concern of risk of harm to a party or child.

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 76

(4) Where, for reasons of risk of harm to a party or a child, the party does not wish to provide the contact information set out in sub- rule (1)(a)(

i) and (ii), the party (

a) need not provide the information required under subrule (1)(a)(

i) or (ii)(B), where the party is represented by a law- yer; or (

b) where the party is not represented by a lawyer, (

i) need not provide the information required under subrule (1)(a)(

i) or (ii)(

B) but must designate an alternate person to receive service on the party’s behalf, provide that person’s information on the Originating Application or Joint Originating Application, and provide their own contact information in a separate envelope marked "Confidential", or (ii) make a request to the registry for directions from a judge.

(5) For greater certainty, two o r more persons may jointly file an Originating Application for Variation against one or more respo ndents under subrule (1). F5.06

(1) Two or more persons intending to start an application to vary a final order where the relief claimed is not in dispute must file (

a) one signed original and three copies of a signed Joint Ori gi- nating Application for Variation in Form F5.06A which must include (

i) subject to subrule (8), the place where the parties ordi- narily reside, (ii) subject to subrule (8), the following contact information for the filing parties: (

A) the office address, email address, and telephone and fax numbers of the party’s lawyer, if the party is represented by a lawyer in the proceeding; How to apply to vary a final order (where relief claimed is not in dispute)

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 77 (

B) the residential address of the party or, if the party does not reside within the province, a postal address within this province; (

C) where available, the email address, telephone num- ber, and fax number of the party, if the party is not represented by a lawyer; and (

D) such other contact information that a registry clerk may specify; (iii) subject to subrule (2), the name, birth date, and place of residence of every child of the parties’ relationship re- gardless of whether the children are over the age of ma- jority and regardless of whether any relief is claimed in relation to the child, (iv) the party’s marital status, (

v) details of the current parenting arrangements, (vi) details of current support arrangements, including de- tails of any unpaid support, (vii) details of the variation asked for and of the changed circumstances that justify a variation of the order, (viii) in an application to vary a final order for support, whether the support was assigned to be paid to someone e l s e a n d a n y d e t a i l s o f t h a t a r r a n g e m e n t k n o w n t o t h e party asking for the variation, and (ix) where child support is agreed to that is different from the guideline table amounts or where there is a shared parenting arrangement, in formation from each co- applicant as to their respective incomes and their ability to support their children; and (

b) draft consent orders (

i) in Form F34.02A, for consent orders for support, and

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 78 (ii) in Form F34.02B for all consent orders other than sup- port.

(2) A party need not provide a residential address under subru le (1) where there is a concern of risk of harm to a party or child.

(3) The Joint Originating Application for Variation filed unde r subrule (1)(a) (

a) must be signed by the co-applicants; (

b) must be signed and issued by a registry clerk following th e signatures of the co-applicants; and (

c) must not be noted for default.

(4) A co-applicant who intends to withdraw from a Joint Origi- nating Application for Variation of a final order must immediately (

a) file a Withdrawal of Joint Or iginating Application in Form F4.04B; and (

b) serve a copy of the Withdrawal of Joint Originating Applic a- tion on the other party, in accordance with rule F8 ("Provid- ing Notice and Serving Documents on Other Parties or Per- sons").

(5) A Withdrawal of Joint Originating Application must not be filed after a judgment on the variation is issued.

(6) If a co-applicant files and serves a Withdrawal of Joint O rig- inating Application under subrule (4) and intends to oppose the claim for divorce or other relief claimed, or intends to claim other relief, that co-applicant must file and serve a Response on the other party at the time of filing and serving the Withdrawal of Joint Originating Applica- tion.

(7) Where a former co-applicant has filed a Response under subrule (6), (

a) that former co-applicant must be named as the respondent o n all subsequent pleadings filed; and

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 79 (

b) the other co-applicant must be named as the applicant on a ll subsequent pleadings filed.

(8) Where, for reasons of risk of harm to a party or a child, the party does not wish to provide the contact information set out in sub- rule (1)(a)(

i) and (ii), the party (

a) need not provide the information required under subrule (1)(a)(

i) or (ii)(B), where the party is represented by a law- yer; or (

b) where the party is not represented by a lawyer, (

i) need not provide the information required under subrule (1)(a)(

i) or (ii)(

B) but must designate an alternate person to receive service on the party’s behalf, provide that person’s information on the Originating Application or Joint Originating Application, and provide their own contact information in a separate envelope marked "Confidential", or (ii) make a request to the registry for directions from a judge. F5.07 An applicant claiming a variation of child support must include the following information in the Originating Application for Variation: (

a) whether child support is sought in accordance with the tab le amount determined under the guidelines; (

b) whether the party claims (

i) support is payable for a child of the age of majority or over, (ii) the income of the payor is over $150,000.00, (iii) the payor stands in the pl ace of a parent for the child, (iv) there is split cust ody or shared custody; (

c) whether a claim for undue hardship is being advanced; and Additional infor- mation required for variation of child support order

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 80 (

d) whether special or extraord inary expenses are sought and, if so, the child to whom the expen se relates and the particulars of the expense and amount claimed. F5.08

(1) The applicant must file the Originating Application for Vari- ation at the judicial centre in dicated on Form F5.05A or F5.06A that is closest to the applicant’s or res pondent’s residence or, where the appli- cation includes a claim for child support or parenting, closest t o t h e children’s residence if the children do not normally reside wit h the applicant.

(2) A registry clerk must issue the Originating Application fo r Variation when it is filed, subject to rule F5.02(2).

(3) All documents in a proceedin g must be filed in the same judicial centre as the Originating Application for Variation, u nless a judge orders otherwise.

(4) Where a party requests that a proceeding be heard at a circuit location, a registry clerk may, if registry clerk considers it necessary, set the proceeding to be heard at a location other than the req uested circuit location. F5.09

(1) The applicant must arra nge for a copy of the Origina ting Application for Variation and accompanying documents to be serv ed on the respondent, in accordance with rule F8 ("Providing Notic e and Serving Documents on Other Parties or Persons"), within 180 day s of the date of issuance of the Originating Application for Variation.

(2) The applicant may, before or after the 180 days expires, apply in accordance with rule F16 ("Interim Applications withou t No- tice for a Procedural Order") to extend the time for serving.

(3) A judge may order that a pe rson who may have an interest in the matters in issue be served with a notice of the proceeding with or without adding that person as a party.

(4) Where a judge makes an order under subrule (3), the judge may provide directions about how to serve the notice on that pe rson and how to conduct the proceeding. Where to start a proceeding to vary a final order (filing the form) Notifying the other party (service)

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 81

(5) A co-applicant does not need to serve the Joint Originatin g Application for Variation or accompanying documents on a co- applicant. Rule F6 - How to Respond to an Originating Application or an Originating Application for Variation F6.01 This rule sets out (

a) the form to complete and the documents to file to (

i) contest a claim made in an Originating Application or an Originating Application for Variation, (ii) make a claim in response to an Originating Application or an Originating Application for Variation, or (iii) respond to an Originating Application or an Originating Application for Variation without contesting the claims; (

b) the information to include in or with the Response Form; (

c) where to file the Response Form and required documents; and (

d) how to notify the other party that a response has been mad e to the claims made in the Originating Application or Origi- nating Application for Variation. F6.02

(1) A respondent who intends to oppose a claim made in a n Originating Application or Originating Application for Variatio n or make a claim against the applicant must file (

a) one signed original and three copies of the signed Respons e in Form F6.02A; and (

b) the documents required under rule F10 ("Disclosure Re- quirements") with three additional copies of each document.

(2) The respondent must arrange for a copy of the Response and accompanying documents to be served on the applicant, in accord ance Scope of rule How to oppose a claim or make a claim in response

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 82 with rule F8 ("Providing Notice and Serving Documents on Other Par- ties or Persons"), (

a) within 30 days after the date of service of the Originatin g Application or Originating Application for Variation if the respondent was served in Canada or the United States of America; or (

b) within 60 days after the date of service of the Originatin g Application or Originating Application for Variation if the respondent was served outside Canada or the United States of America.

(3) Despite subrule (2), a Response may be filed and served after the time for responding has expired, provided that a Noti ce of Default in Form F6.06A has not been filed.

(4) Where a respondent makes a claim for divorce in their Re- sponse, the respondent must also file (

a) an original marriage certific ate or registration of marria ge, subject to rule F4.05 ("Where a certificate of marriage can- not be obtained"); and (

b) a certified translation of t he marriage certificate or reg istra- tion of marriage, where the certif icate or registration is in a language other than English or French.

(5) Rule F4.05 ("Where a certificate of marriage cannot be ob- tained") applies, with any necessary modifications, to a Response. F6.03

(1) A Response claiming divorce, parenting, or child sup port must include (

a) subject to subrule (2), the name, birth date, and place of residence of every child of the parties’ relationship whether or not the children are over the age of majority and whether or not any relief is claimed in relation to the child; or (

b) a statement that there are no children of the parties’ rel ation- ship. Information which must be included in the Response

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 83

(2) A party need not provide a residential address under subru le (1) where there is a concern of risk of harm to a party or child.

(3) A Response containing a claim for child support must in- clude the following: (

a) whether child support is sought in accordance with the tab le amount determined under the guidelines; (

b) whether the party claims (

i) support is payable for a child of the age of majority or over, (ii) the income of the payor is over $150,000.00, (iii) the payor stands in the pl ace of a parent for the child, or (iv) there is split or shared custody; (

c) whether a claim for undue hardship is being advanced; and (

d) whether special or extraord inary expenses are sought, the child to whom the expense relates and the particulars of the expense and amount claimed.

(4) A respondent claiming one or more of the following must state the material facts supporting the claim: (

a) unequal division of matrimonial property; (

b) entitlement to a share of business assets; (

c) undue hardship in a child support proceeding; (

d) division of property between common law spouses; (

e) spousal support, partner support, parental support, or de- pendant support.

(5) Subject to subrule (6), every Response must contain the following contact information for the filing party or parties:

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 84 (

a) the office address, email address, and telephone and fax numbers of the party’s lawyer, if the party is represented by a lawyer in the proceeding; (

b) the residential address of the party or, if the party does not reside within the province, a postal address within this prov- ince; (

c) where available, the email address, telephone number, and fax number of the party, if the party is not represented by a lawyer in the proceeding; and (

d) such other contact information that a registry clerk may specify.

(6) Where, for reasons of risk of harm to a party or a child, the party does not wish to provide the contact information set out in sub- rule (5), the party (

a) need not provide the information required under subrule (5 ) (b), where the party is represented by a lawyer; or (

b) where the party is not represented by a lawyer, (

i) need not provide the information required under subrule (5) (

b) or (

c) but must designate an alternate person to receive service on the party’ s behalf, provide that per- son’s information on the Response and provide their own contact information in a separate envelope marked "Confidential", or (ii) make a request to the registry for directions from a judge. F6.04

(1) A respondent who does not contest the claims made in t he Originating Application or Originating Application for Variatio n may continue to be advised of the progress of the application by fi ling a Demand for Notice in Form F6.04A.

(2) If the respondent files a Demand for Notice, the responden t must serve the applicant with the Demand for Notice in accordan ce with rule F8 ("Providing Notice and Serving Documents on Other Par- ties or Persons") within How to respond to a claim without contesting

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 85 (a) 30 days after service of the Originating Application or Or ig- inating Application for Variation if the respondent was served in Canada or the United States of America; or (b) 60 days after service of the Originating Application or Or ig- inating Application for Variation if the respondent was served outside Canada or the United States of America.

(3) The applicant may proceed a gainst a respondent who has filed and served a Demand for Notice as if that respondent had failed to f i l e a n d s e r v e a R e s p o n s e , b u t must serve notice of all subsequ ent pleadings and proceedings on that respondent. F6.05 The respondent must file the documents required under ru le F6 in the judicial centre where the Originating Application or Ori ginating Application for Variation was filed, unless a judge orders otherwise. F6.06

(1) The applicant may require a registry clerk to issue a Notice of Default in Form F6.06A where (

a) the applicant files proof of service of the Originating Ap pli- cation or Originating Application for Variation; and (

b) the respondent either (

i) fails to file and serve a Response within the prescribed time, or (ii) files and serves a Demand for Notice.

(2) A Notice of Default must not be filed in relation to a par ent- ing or child support claim until seven days after a Note to Cou rt has been filed with the Court by Family Justice Services.

(3) Where a Notice of Default has been filed, the respondent i s not permitted to file or serve a Response without (

a) the written consent of the applicant filed with the Court; or (

b) a judge’s permission. Where to file your response Consequences of not responding

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 86

(4) Where a Notice of Default has been filed, a judge may pro- ceed to decide the matter without hearing from the respondent, in ac- cordance with rule F26 ("Uncontested Proceedings"). Rule F7 - How to Reply to a Response F7.01 This rule sets out (

a) the form to complete and the documents to file to contest a claim made in a Response; and (

b) how to notify the other part y that a Reply has been made t o claims made in the Response. F7.02

(1) An applicant who intends to oppose an allegation or a claim made in a Response must file: (

a) one signed original and three copies of the signed Reply i n Form F7.02A; and (

b) the documents required under rule F10 ("Disclosure Re- quirements") with three additional copies of each document.

(2) The applicant must file the documents required under sub- rule (1) with the Court and serve a copy on the respondent, in accord- ance with rule F8 ("Providing Notice and Serving Documents on O ther Parties or Persons"), within 10 days of service of the Response.

(3) Despite subrule (2), a Reply may be filed and served after the time for replying has expired provided that a Notice of Def ault in Form F6.06A has not been filed. F7.03

(1) An applicant who does not contest the claims made in t h e Response may continue to be advised of the progress of those claims by filing a Demand for Notice in Form F6.04A.

(2) If the applicant files a Demand for Notice, the applicant must serve the respondent with t he Demand for Notice in accorda nce with rule F8 ("Providing Notice and Serving Documents on Other Par- ties or Persons") within 10 days of service of the Response.

(3) The respondent may procee d against an applicant who has filed and served a Demand for Notice as if that applicant had f ailed to Scope of rule Replying to a Response How to reply to a claim in a Response without contesting

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 87 file and serve a Reply, but must serve notice of all subsequent plead- ings and proceedings on that respondent. F7.04

(1) The respondent may require a registry clerk to issue a Notice of Default in Form F6.06A where (

a) the respondent files proof of service of the Response; and (

b) the applicant either (

i) f a i l s t o f i l e a n d s e r v e a R e p l y w i t h i n t h e p r e s c r i b e d time, or (ii) files and serves a Demand for Notice.

(2) A Notice of Default must not be filed in relation to a par ent- ing or child support claim until seven days after a Note to Cou rt has been filed with the Court by Family Justice Services.

(3) Where a Notice of Default has been filed, the applicant is not permitted to file or serve a Reply without (

a) the written consent of the r espondent filed with the Court; or (

b) a judge’s permission.

(4) Where a Notice of Default has been filed in relation to a claim made in a Response, a judg e may proceed to decide the cla im without hearing from the applicant in relation to that claim, i n accord- ance with rule F26 ("Uncontested Proceedings"). Rule F8 - Providing Notice and Serving Documents on Other Parties or Persons F8.01

(1) This rule sets out (

a) the addresses and information that must be provided to the Court and the other parties to enable service of documents between parties; (

b) how to serve particular documents on a person; Consequences of not replying Scope of rule

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 88 (

c) the circumstances in which service of documents is not re- quired; (

d) how to serve documents outside of this province; (

e) specific requirements for t he service of documents by elec - tronic methods of communication; (

f) how to prove that a document was served on a person; (

g) how to get an order of the Court dispensing with the need to serve a document; (

h) how to validate service which was not done in accordance with this rule; (

i) how to challenge the servi ce of a document where the doc- ument was not brought to a person’s attention; and (

j) restrictions on who can serve documents.

(2) Where these rules require a document to be served on a per - son, the document must be served in accordance with this rule. F8.02

(1) Unless a judge permits otherwise, a party is require d to pro- vide an address for the service of documents which must be either: (

a) the office address of the party’s lawyer, if the party is repre- sented by a lawyer in the proceeding; or (

b) a residential address or, where the party does not reside within the province, a postal ad dress within this province, if the party is not represented by a lawyer in the proceeding.

(2) A party m ay provide, in addition to the address for servic e provided under subrule (1), one or more of the following as an address for service of documents: (

a) a postal address; (

b) a fax number; (

c) an email address; or Address for service

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 89 (

d) an account with an electronic document delivery service.

(3) A party may change their address or addresses for service of documents by filing and serving on the other parties (

a) the address for service of documents required under subrul e (1); and (

b) any additional address for se rvice of documents referred t o in subrule (2) that the party intends to include.

(4) The address for service of a person whose address for ser- vice is not shown on the Originating Application, Originating A pplica- tion for Variation, Response, or other pleading is (

a) the office address of the lawyer who is representing that person in the proceeding; or (

b) in the case of an individual, their usual or last known ad - dress.

(5) If a party files a pleading that does not include a valid ad- dress for the filing party in accordance with subrule (1), a ju dge may order that the pleading be struck.

(6) Despite the requirements of this rule, where a party is no t represented by a lawyer and for reasons of risk of harm to a pa rty or a child, the party does not wish to provide the contact informati on set out, the party may (

a) designate an alternate pers on to receive service on the pa r- ty’s behalf, provide that person’s information on the Origi- nating Application, Originating Application for Variation, Response, or other pleading and provide their own contact information in a separate envelope marked "Confidential"; or (

b) make a request to the regis try for directions from a judge. F8.03

(1) The following documents must be personally served in ac- cordance with subrule (2), (3), (4) or (5), as applicable, unle ss a judge orders otherwise: Documents which must be personally served (hand- delivery)

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 90 (

a) an Originating Application initiating a claim for parentin g or divorce; (

b) an Originating Application for Variation seeking variation of a parenting order; (

c) a Response initiating a cl aim for parenting or divorce; (

d) an Application for the Return of a Child; (

e) a notice of contempt application; (

f) a pleading, order or other document served on a person who is not a party, including a subpoena to a witness; (

g) a notice of application or n otice of default hearing in wh ich the person to be served faces a possibility of imprisonment; (

h) a notice of a hearing of an emergency interim application; (

i) a copy of a temporary order granted under rule F17.04(a), F17.04(h), or rule F14.07(6); and (

j) a document which is required under legislation to be serve d by personal service.

(2) To personally serve a document on a mentally competent, adult person, a copy of the document must be hand-delivered to that person, subject to rule F8.13.

(3) To personally serve a document on a mentally disabled per- son or a minor, a copy of the document must be hand-delivered t o that person, subject to rule F8.13, and (

a) the person’s litigation repr esentative, if one has been ap - pointed; (

b) the person’s parent or guardian, if no litigation represen ta- tive has been appointed; (

c) an adult with whom the person resides, if there is no liti ga- tion representative, parent or guardian; or

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 91 (

d) another person appointed by the Court.

(4) To personally serve a document on a manager, as defined in the Children and Youth Care and Protection Act , a copy of the docu- ment must be hand-delivered to the manager subject to rule F8.13.

(5) A document may be personally served upon a corporation in accordance with the Corporations Act. When service under rule F8.03 is effective

(6) Service by personal service under rules F8.03(2) through ( 5) is effective on the day the copy was left with the person to be served. Proof of service of documents under rule F8.03

(7) A party m ay prove that a docum ent has been served in ac- cordance with rules F8.03(2) through (5) by filing an Affidavit of Ser- vice in Form F8.03A setting out the details of the service, completed by the person who served the document. F8.04

(1) Unless a judge orders otherwise, the following docum ents must be either personally served in accordance with rule F8.03, o r served in one of the alternative methods listed in subrules (2) , (3), (4) or (5): (

a) an Originating Application which does not include a claim for parenting or divorce; (

b) an Originating Application for Variation which does not include a claim for the variation of a parenting order; (

c) a Response initiating a new claim other than one for paren t- ing or divorce.

(2) Where the person to be served has a lawyer, service of a document may be carried out by (

a) leaving a copy o f the document with the lawyer; or (

b) emailing a copy of the document to the lawyer, Serving other originating docu- ments

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 92 but service under this subrule is only effective if the lawyer, either on the document or in a reply email, acknowledges service through the following, or similar words: "I, [name of lawyer], accept service of this document on behalf of [name of recipient] on [date]".

(3) Service of a document may be carried out by sending, by regular mail, a copy of the document together with an Acknowled g- ment of Service in Form F8.04A to the recipient, but service un der this subrule is only effective if the recipient returns a completed Acknowl- edgment of Service to the sender.

(4) Subject to rule F8.09, service of a document may be carrie d out by sending, by email, or ot her electronic form of communication, a copy of the document together with an Acknowledgment of Service in Form F8.04A to the recipient, but service under this subrule is only effective if the recipient return s a completed Acknowledgment o f Ser- vice to the sender or if the recipient sends a reply email ackn owledging service through the following words: "I, [name of recipient], accep t service of [specify docu- ment received] on [date document was received]".

(5) Service of a document may be carried out by sending a copy of the document by registered mail, certified mail, or courier to the last known address of the person to be served, but service under this subrule is only effective where the carrier is able to confirm delivery.

(6) Service of a document may be carried out by (

a) leaving a copy, in a sealed e nvelope addressed to the person, at the place of residence with anyone who appears to be an adult member of the same household; and (

b) on the same day or the following day mailing another copy of the document to the person at the place of residence. When service under rule F8.04 is effective

(7) Service of a document under rule F8.04(2) is effective on the date in the acknowledgement provided by the lawyer on the docum ent or in the reply email.

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 93

(8) Service of a document under rule F8.04(3) is effective on the date indicated by the recipient on the Acknowledgment of Service.

(9) Service of a document under rule F8.04(4) is effective on the earlier of the date indicated by the recipient on the Acknowledgment of Service or the date of receipt specified in the reply e-mail.

(10) Service of a document under rule F8.04(5) is effective on the date shown on the confirmation of delivery as provided by the carrier.

(11) Service of a document under rule F8.04(6) is effective fi ve days after the document was mailed. Proof of service of documents under rule F8.04

(12) A party may prove that a document has been served in ac- cordance with rule F8.04(2) by filing a copy of the document wi th the recipient’s lawyer’s endorsement on the document or attaching t he lawyer’s email reply indicating the acceptance of service and t he date of the acceptance.

(13) A party may prove that a document has been served in ac- cordance with rule F8.04(3) by filing an Acknowledgment of Service in Form F8.04A completed by the recipient.

(14) A party may prove that a document has been served in ac- cordance with rule F8.04(4) by filing an Acknowledgment of Service in Form F8.04A completed by the recipient or a copy of the reply e -mail received from the recipient.

(15) A party may prove that a document has been served in ac- cordance with rule F8.04(5) by filing confirmation of delivery obtained from the registered or certified mail carrier or courier.

(16) A party may prove that a document has been served in ac- cordance with rule F8.04(6) by filing an Affidavit of Service i n Form F8.03A setting out the details of the service, completed by the person who served the document. F8.05

(1) Subject to rule F8.09, service of any other document not listed in rule F8.03 or F8.04 may be carried out by: Serving subsequent documents

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 94 (

a) leaving the document or a copy at the party’s address pro- vided in accordance with rule F8.02; (

b) emailing the document or a copy addressed to the party at the party’s address provided in accordance with rule F8.02; (

c) faxing a copy of the docume nt, where the party has provided a fax number in accordance with rule F8.02; (

d) em ailing a copy of the document, where the party has pro- vided an email address in accordance with rule F8.02; (

e) use of an electronic documen t exchange of which the party is a member or subscriber; or (

f) any other method o rdered by a judge.

(2) Nothing in this rule shall be taken as prohibiting persona l service of any document or as affecting any statute which provi des for the manner in which a document may be served. When service under rule F8.05 is effective

(3) Service of a document under rule F8.05(1)(

a) is effective on the day the copy of the document was left at the party’s addres s or, if the document was left after 4:00 p.m., the following day.

(4) Service of a document by ordinary mail under rule F8.05(1)(

b) is effective on the fifth day after it was mailed.

(5) Service of a document by fax or email under rule F8.05(1)(

c) or (

d) is effective on, (

a) the date shown on the first page of the fax or in the emai l message, as the case may be; or (

b) if the first page of the fax or the email message shows th at the document was served after 4:00 p.m., the following day.

(6) Service of a document through an electronic document ex- change under rule F8.0 5(1)(

e) is effective only if the electron ic docu- ment exchange provides a record of service showing the date and time of service and then service is effective on

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 95 (

a) the date shown on t he record of service; or (

b) if the record of service sh ows that the document was serve d after 4:00 p.m., the following day Proof of service of document under rule F8.05

(7) Where necessary, a party may prove that a document has been served in accordance with s ubrule (1) by filing an Affidav it of Service in Form F8.03A setting out the details of the service, completed by the person who served the document. F8.06 Unless a judge orders otherwise, a party taking a step o r filing a document in a proceeding does not need to provide notice of the step or serve the document on another party or person where (

a) a Notice of Default has been filed against that party and the party has not filed a Demand for Notice; or (

b) the party to be notified or served has already taken a ste p or filed a document in response to the document to be served. F8.07 A document may be served on a person outside of this pro vince in any of the following ways: (

a) in accordance w ith this rule; or (

b) in a manner permitted by the Hague Convention on the Ser- vice Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters , if the country in which it is being served is a contracting state under the Convention. F8.08

(1) Where a commencement document has been transmitted abroad for the purpose of service under the provisions of the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Doc- uments in Civil or Commercial Matters and no certificate of service has been received, despite the provisi on of the first paragraph of

Article 15 of the Hague Convention on the Service Abroad of Judicial and Extra- Judicial Documents in Civil or Commercial Matters , the Court may give judgment if the conditions set out in the second paragraph of Arti- cle 15 of the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters are fulfilled. Where service is not required Service outside of this province Default under Hague Convention on Service Abroad

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 96

(2) Despite subrule (1), a judg e may order, in case of urgency , any provisional or protective measures.

(3) Where an originating document has been transmitted abroad for the purpose of service under the provisions of the Hague Conven- tion on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters and a judgment has been entered against a respondent who has not filed a Response, the Court, on applicat ion, may relieve the respondent from the effects of the expiration o f the time for appeal from the judgment if the conditions set out in the first paragraph of

Article 16 of the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commer- cial Matters have been fulfilled, but the Court will not entertain an application for such relief filed after the expiration of one y ear follow- ing the date of judgment.

(4) Subrule (3) does not apply to judgments concerning the status or capacity of persons. F8.09

(1) Service of a document may be carried out by electron ic communication only if the total number of pages (including the cover page) to be transmitted: (

a) is 30 pages or fewer; or (

b) does not exceed an amount agreed to by the parties.

(2) A document served by electronic communication must indi- cate: (

a) the sender’s name and address; (

b) the name of the person to be served; (

c) the date and time of transmission; (

d) the total number of pages, including a cover page, if appl i- cable, transmitted; (

e) that the transmission is for service of court documents; (

f) the name and telephone number of a person to contact if there is a problem with transmission; and Additional require- ments for service by electronic commu- nication

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 97 (

g) a return electronic address. F8.10

(1) A party attempting to serve a document on a person i n ac- cordance with this rule may appl y for an order in accordance wi th rule F16 ("Interim Applications without Notice for a Procedural Order") (

a) permitting the party to serve the document on the intended recipient by some other means; or (

b) dispensing with the requirement that the document be served.

(2) A party who applies for an order under subrule (1)(

a) must set out the following in the application: (

a) an explanation of why service in accordance with the rule is impractical, with the details of any previous attempts to serve the document; (

b) a proposal for a means of serving the document; and (

c) an explanation of why the proposed means of service is lik e- ly to bring the document to the attention of the intended re- cipient.

(3) Unless a judge permits otherwise, an order permitting ser- vice of a document by another means must be (

a) attached to a docu ment to be served; or (

b) referenced in an advertisement, where service is permitted by advertisement.

(4) A judge must, in an order permitting service by some other means, specify when service is considered to be effective, for the pur- pose of computation of time under these rules.

(5) A party who applies for an order under subrule (1)(

b) must set out the following in the application: (

a) evidence which enables the judge to draw the inference tha t the person is likely to be aware that process has been or is about to be issued against them and is evading service; or Where service impractical

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 98 (

b) other evidence which satisfies the judge that the benefit the party would gain in being permitted to proceed without noti- fying the intended recipient outweighs the potential detri- ment to the intended recipient.

(6) Where an order is made dispensing with the requirement to serve the document, the document is considered to have been ser ved on the date the order is signed, for the purpose of computation of t i m e under these rules. F8.11 Where a document has been served in a manner other than one provided for under applicable legislation, these rules, or a court order, a judge may make an order validating the service where the judge is sat- isfied that (

a) the document came to the attention of the person to be served; or (

b) the document would have come to the attention of the perso n to be served, were it not for the intended recipient’s attempts to evade service. F8.12 An intended recipient may, where necessary, challenge th e ser- vice of a document by establishing that even though the documen t was served in accordance with rule F8 ("Providing Notice and Servin g Documents on Other Parties or Persons") the document (

a) did not come to the intended recipient’s attention; or (

b) came to the intended recipient’s attention at a time later than when it was served. F8.13

(1) A person may only serve a document under these rules i f that person is at least 19 years of age.

(2) A document requiring hand- delivery in accordance with this rule must be served by a person other than a party. Validating service Where document served but not brought to recipi- ent's attention Restrictions

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Section 4 - How to Get Information for your Case Rule F9 - General Rules Relating to Exchanging Information and Documents F9.01

(1) The purpose of this

section is to: (

a) allow parties to obtain evidence that will be relied on in the proceeding; (

b) narrow and define the issues between the parties; (

c) encourage early disclosure of information and documents; (

d) facilitate evaluation of the parties’ positions and, if po ssible, facilitate the resolution of issues in dispute; and (

e) discourage conduct that unnecessarily or improperly delays proceedings or unnecessarily increases the cost of proceed- ings.

(2) A judge may do any of the following in order to achieve th e purposes of this section: (

a) give directions; (

b) modify or waive any right under this section; (

c) make a costs award; and (

d) make any order the ju dge considers appropriate. F9.02

(1) A party to a proceeding (

a) must keep the information and documents obtained under this

section in confidence; and (

b) must only use the information and documents obtained un- der this

section for the purpos es of the proceeding in which the information or document was obtained.

(2) Subrule (1) does not apply Purpose of

section Restrictions on the use of information obtained under this

section

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 100 (

a) where the person who disclosed the information or docu- ment consents to the information or document being re- leased; (

b) where the information or document is referred to or used a s evidence in a proceeding and a judge has made no order re- stricting its use or access to it; (

c) where the information or document is used as evidence to impeach the testimony of a witness in another proceeding; (

d) to prevent the information or document from being used in a later proceeding between the same parties; (

e) where the person is ordered by a judge to disclose the inf or- mation or document; (

f) where the disclosure of information or documentation is required by law; or (

g) where a judge orders otherwise.

(3) A judge may, on an interim a pplication by a party or at th e judge’s discretion, require a person to disclose information or a docu- ment that would normally be confidential, if the interests of j ustice outweigh any harm that would result to (

a) the person who provided the information or document; (

b) the parties to the proceeding; or (

c) a child affected b y the proceeding.

(4) A person who fails to uphold this rule may be held in con- tempt of Court. F9.03 If a party discovers that information that has been disc losed to another party under this

section was incorrect or incomplete wh en made, or requires updating, the party must file and, in accorda nce with rule F8 ("Providing Notice and Serving Documents on Other Parti es or Persons"), serve the corrected, completed, or updated informati on, together with any supporting documents, on the other party Requirement to keep information current

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a) at least four days before the hearing of an interim applic ation in which the information is required or will be relied upon; (

b) at least seven days before a case management hearing, set - tlement conference, trial readiness conference, or trial, in which the information is required or will be relied upon; or (

c) as otherwise ordered by a judge. F9.04

(1) Where a party has not disclosed or provided information or a document as required under this section, a judge may do one or more of the following: (

a) where support is in issue, conclude that the party has no answer to the claims against the party and impute income to the party in the amount that the judge considers appropriate; (

b) direct that the party file and serve one or more of the fo llow- ing within a specified time: (

i) a Financial Statement, (ii) a Property Statement, (iii) the information requeste d in a Demand to Disclose, (iv) the answers requested in a Demand for Answers, (

v) the income information required under rule F10.02(4) for a child support claim for the basic table amount as prescribed by the guidelines, (vi) any other disclosure required by these rules or that the party has undertaken to disclose; (

c) grant any remedy requested or that the judge considers ap- propriate.

(2) If a party does not comply with an order requiring disclo- sure, a judge may (

a) dismiss that par ty's proceeding; Consequence of non-disclosure

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 102 (

b) strike out any document filed by that party; (

c) make a contempt order against that party or grant a party permission to apply for a contempt order; (

d) order that any information that should have appeared on a Financial Statement or Property Statement may not be used by that party at the hearing of an interim application or trial; (

e) order a person that is not a party, including a corporatio n or government institution, to provide information in that per- son’s custody or control that may be relevant to the issues in the proceeding; or (

f) m a k e a n y o r d e r t h e j u d g e c onsiders appropriate, including those orders that may be made under subrule (1).

(3) A person served with an order granted under subrule (2)(

e) must do one of the following within 30 days after service: (

a) provide a written statement to the requesting party detail ing the information requested or a statement that the information is not in the custody or control of that person; or (

b) apply for an exemption from providing any or all of the requested information in accordance with rule F18 ("Interim Application with Notice").

(4) A judge may order that the expense of providing the infor- mation requested and the costs of the parties under this rule b e paid to or by (

a) either of the

partie s to the proceeding; or (

b) the person ordered to provide information. Rule F10 - Disclosure Requirements F10.01 This rule sets out (

a) the documentation which must be included with an Originat- ing Application, Originating Application to Vary, Response, or Reply, as applicable; and Scope of rule

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 103 (

b) how to get an extension of time for filing a Response, a R e- ply, or the required documents. F10.02

(1) A party to a proceeding involving a claim for child support must file a Financial Statement in Form F10.02A if (

a) the party is making or responding to a claim for child sup - port different from the basic table amount set out in the guidelines; (

b) the party is making or responding to a claim for variation of child support different from the basic table amount set out in the guidelines; (

c) the party is m aking or res pondi ng to a claim for special o r extraordinary expenses under

section 7 of the guidelines; or (

d) the party making or responding to a claim for child suppor t is claiming undue hardship under

section 10 of the guide- lines.

(2) Where a Financial Statement is required under subrule (1), the party filing the Financial Statement must include all of th e docu- mentation required under

section 19 of the Child Support Guidelines Regulations or

section 21 of the Federal Child Support Guidelines , as applicable.

(3) A registry clerk must not accept an Originating Applicatio n, Originating Application for Variation, Response or Reply where the party filing it has not attached a Financial Statement and the documen- tation required under subrule (2).

(4) A party responding or replying to a claim for child suppor t in the basic table amount must file: (

a) four copies of the party’s three most recent statements of earnings indicating the total earnings paid in the year to date, including overtime, or where such a statement is not provid- ed by an employer, a letter from the employer setting out that information including the rate of annual salary or remu- neration; (

b) one of the follo wing, as applicable: Information that must be disclosed where there is a child support claim

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 104 (

i) copies of the party’s personal Income Tax Returns and copies of the party’s Notices of Assessment (and any Notices of Reassessment) for each of the three most re- cent taxation years, (ii) proof of Income Statement s ("Option C" or "Income and Deduction" printouts) from the Canadian Revenue Agency for the three most recent taxation years, or (iii) a statement from the Canadian Revenue Agency that the party has not filed income tax returns for one or more of the three most recent taxation years; and (

c) if the party has income from self-employment, a partnershi p or a corporation in which the party has a controlling interest, or is a beneficiary of a trust, the documents required under

section 21(1) of the Federal Child Support Guidelines o r

section 19 of the provincial Child Support Guidelines Regu- lations, as applicable. F10.03 A party to a claim for spousal support, partner support, paren- tal support, or dependant support must file a Financial Stateme nt in Form F10.02A, unless the parties have agreed on the relief to b e grant- ed and a draft consent order in Form F34.02A has been filed. F10.04 A party to a property claim must file a Property Stateme nt in Form F10.04A unless the parties have agreed on the relief to be granted and a draft consent order in Form F34.02B has been filed. F10.05

(1) If the financial information required under these ru les is not available at the time the Response or Reply is filed, a par ty must complete

schedule 4 of the Financial Statement, undertaking to provide the Court and the other party with the required financial infor mation within 60 days from the date the undertaking is filed.

(2) If the financial information is not available at the expir y of 60 days from the date the undertaking is filed, the party provi ding the undertaking must request a case management hearing to request a n extension of time to file the required information upon providi ng an adequate explanation for the delay. Information that must be disclosed where there is a claim for spousal, partner, parental, or dependant support Information that must be disclosed where there is a property claim Where information is not available when the Response or the Reply is required to be filed

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 105

(3) Where the party does not provide the required information or an adequate explanation for the delay in providing the required infor- mation, a judge may do one or more of the following (

a) strike out the Response or Reply filed; (

b) make a costs award against the party; or (

c) make any order the ju dge considers appropriate. Rule F11 - Getting Additional Information F11.01 This rule sets out (

a) how to request disclosure of relevant documents from anoth - er party; (

b) when and how to ask another party questions in writing; (

c) when and how to ask another party questions in person be- fore the trial; and (

d) when and how non-parties have to disclose information or documents. F11.02

(1) A party may request that another party disclose one or more relevant documents by (

a) filing a Demand to Disclose in Form F11.02A; and (

b) serving a copy of the Demand to Disclose on the other part y, in accordance with rule F8 ("P roviding Notice and Serving Documents on Other Parties or Persons").

(2) A Demand to Disclose may only be filed and served before a trial date is set, unless a judge orders otherwise.

(3) A party served with a Dem and to Disclose who does not object to disclosing the requested documents must, within 30 da ys of service of the Demand to Disclose, (

a) file a Response to a Deman d to Disclose in Form F11.02B; and Scope of rule How to request disclosure of relevant documents

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 106 (

b) serve a copy of the Response to a Demand to Disclose on th e requesting party, with the reque sted document attached, in accordance with rule F8 ("Providing Notice and Serving Documents on Other Parties or Persons"). ( 4 ) A p a r t y s e r v e d w i t h a D e m and to Disclose who objects to disclosing one or more of the documents requested in the Demand must, within 30 days of service the Demand to Disclose (

a) file a Response to a Demand to Disclose in Form F11.02B, setting out the objection and the reasons for the objection in writing; and (

b) serve a copy of the Response to a Demand to Disclose on th e requesting party, with all documents the party does not ob- ject to disclosing, in accordan ce with rule F8 ("Providing Notice and Serving Documents on Other Parties or Per- sons"). F11.03

(1) Where a Financial Statement or a Property Statement is required under these rules, a party may ask the party required to file the Statement to answer questions in writing relating to the financ ial or property issues by (

a) filing a Demand for Answers in Form F11.03A; and (

b) serving the Demand for Answers on that party, in accord- ance with rule F8 ("Providing Notice and Serving Docu- ments on Other Parties or Persons").

(2) A Demand for Answers may only be filed and served before a trial date is set, unless a judge orders otherwise.

(3) A party served with a Demand for Answers who does not object to answering the questions asked must, within 30 days of service of the Demand, (

a) file the answers using a Response to a Demand for Answers in Form F11.03B; and (

b) serve a copy of the completed Response to a Demand for A n s w e r s o n t h e p a r t y w h o s e r v e d t h e D e m a n d , i n a c c o r d - When you can ask questions in writing

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 107 ance with rule F8 ("Providing Notice and Serving Docu- ments on Other Parties or Persons").

(4) A party served with a Demand for Answers who objects to answering one or more of the questions asked must, within 30 da ys of service of the Demand, (

a) file a Response to a Demand for Answers in Form F11.03B, setting out the reason for the objection; and (

b) serve a copy of the Response to a Demand for Answers, together with all answers to those questions which the party does not object to answering, on the party who served the Demand, in accordance with rule F8 ("Providing Notice and Serving Documents on Other Parties or Persons"). F11.04

(1) A party may only ask another party or person questio ns in person before trial where (

a) there is a claim for support and the proposed questioning relates to the determination of the income of a party who is self-employed, a beneficiary under a trust, or a shareholder, director, or officer of a corporation; (

b) there is a claim for the division of property and the prop osed questioning relates to an interest in or the valuation of busi- ness assets; or (

c) a judge grants an order permitting it at a case management hearing.

(2) For greater certainty, a par ty may not ask questions in person in relation to parenting issues unless a judge has granted an o rder per- mitting it at a case management hearing.

(3) A party seeking an order under subrule (1)(

c) must satisfy a judge that (

a) the party seeking the order has been unable to obtain the information it is seeking by more informal methods; When you can ask questions in person before trial (exami- nation for discov- ery)

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 108 (

b) it would be unfair to require the party seeking the order to proceed to a trial without the opportunity to question the person; (

c) the questioning will not unduly delay the progress of the proceeding; (

d) the questioning will not entail unreasonable expense for t he other party; (

e) the questioning will not result in unfairness to the perso n sought to be questioned; (

f) the questioning is not made in bad faith or calculated to annoy, embarrass, or oppress the person sought to be ques- tioned or another party; and (

g) the questioning is not otherwise prohibited by law.

(4) Where questioning in person is permitted under this rule, it must be conducted in accordance with rule 30 ("Examination for Dis- covery") in

Part I. F11.05

(1) Where there is a claim for undue hardship by either party under the guidelines and a judge considers a claim for undue ha rdship to be appropriate after considering the pleadings and other evi dence filed, the judge may order one or more of the following persons resid- ing with a party to file and serve a Financial Statement in For m F10.02A: (

a) a person who has a legal duty to support the party or whom the party has a legal duty to support; (

b) a person who shares living expenses with the party or from whom the party otherwise receives an economic benefit as a result of living with that person if it is reasonable to consider that person as part of the party’s household; (

c) a child over the age of majority whom the party or the per - son described in subrule (1)(

a) or (

b) has a legal duty to sup- port. When non-parties have to disclose

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 109

(2) Where a judge makes an order under subrule (1), the person ordered to provide the Financial Statement must attach the following: (

a) copies of the person’s thr ee most recent statements of ear n- ings indicating the total earnings paid in the year to date, in - cluding overtime, or where such a statement is not provided by an employer, a letter from the employer setting out that information including the rate of annual salary or remunera- tion; (

b) one of the follo wing, as applicable: (

i) copies of the person’s personal Income Tax Returns and copies of the person’s Notices of Assessment (and any Notices of Reassessment) for each of the three most re- cent taxation years, (ii) proof of Income Statement s ("Option C" or "Income and Deduction" printouts) from the Canadian Revenue Agency for the three most recent taxation years, or (iii) a statement from the Canadian Revenue Agency that the person has not filed income tax returns for one or more of the three most recent taxation years; and (

c) if the person has income from self-employment, a partner- ship or a corporation in which the person has a controlling interest, or is a beneficiary of a trust, the documents required under

section 21(1) of the Federal Child Support Guidelines or

section 19 of the provincial Child Support Guidelines Regulations, as applicable.

(3) Where a person referred to in subrule (1) has not made sat is- factory disclosure after service of an order to file and serve a Financial Statement or has not provided the income information listed in subrule (2), or as further directed by a judge, the judge may: (

a) order a person other than a party, including a corporation or government institution, to provide information in that per- son’s custody or control that may be relevant to the issues in the proceeding; (

b) strike out the claim for undue hardship; or

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 110 (

c) provide any directions the judge considers appropriate. ( 4 ) A p a r t y s e e k i n g a n o r d e r u n d e r s u b r u l e ( 3 ) m u s t s a t i s f y a judge that (

a) the party seeking the order has been unable to obtain the information by more informal methods; (

b) it would be unfair to require that party to proceed to a t rial without the information; and (

c) the disclosure requested (

i) will not unduly delay the progress of the proceeding, (ii) will not entail unreasonabl e expense for any person, (iii) will not result in unfairness to the person from whom disclosure is sought, (iv) is not requested in bad faith or to annoy, embarrass, or oppress the person or another party, and (

v) is not otherwise prohibited by law.

(5) A person served with an order granted under rules F11.05 (1) or (3) must do the following within 30 days after service: (

a) provide a written statement to the requesting party includ ing the information requested or a statement that the person is not in control or possession of the information; or (

b) apply in accordance with rule F18 ("Interim Application with Notice") for exemption from providing any or all of the requested information.

(6) A judge may order that the costs of providing the infor- mation requested and the costs of the parties in an application under this rule be paid to or by (

a) either of the

partie s to the proceeding; or (

b) the person ordered to provide information.

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 111 F11.06

(1) Where a party is dissatisfied with the disclosure ma de or objections raised in response to a request, notice, question, o r order made under rule F11, the party may request, at a case managemen t hearing, a determination of the completeness of the disclosure made.

(2) A judge may, at a case management hearing, provide any directions or make any order the judge considers appropriate. F11.07 Where an issue arises which is not covered by this rule, a judge may (

a) order the production of any document relevant to any matte r in question in a proceeding for inspection by any party or the Court, at such time, place, and manner as the judge considers appropriate; or (

b) where a document is in the possession, custody, or control of a person who is not a party, and the production of the docu- ment might be compelled at a tri al or hearing, order the pro- duction and inspection or the disclosure of a copy of the document on notice to the person and any opposing party . Rule F12 - Expert Reports F12.01 This rule sets out (

a) the duties of an expert engaged by a party to provide opin ion evidence in relation to a proceeding; and (

b) the timeline for exchanging expert reports. F12.02

(1) Every expert engaged by or on behalf of a party to p rovide evidence in relation to a proceeding must: (

a) provide opinion evidence that is fair, objective, and non- partisan; (

b) provide opinion evidence that is related only to matters t hat are within the expert’s area of expertise; (

c) provide such additional assistance as the judge may reason a- bly require to determine a matter in issue; and Where disclosure unsatisfactory Court may order production of documents Scope of rule Experts' duties

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 112 (

d) immediately disclose any changes in opinion or any new information which might alter the expert’s opinion.

(2) The duties in subrule (1) prevail over any obligation owed by the expert to the party on whose behalf the expert is engaged. F12.03

(1) A party must serve, in accordance with rule F8 ("Pro viding Notice and Serving Documents on Other Parties or Persons"), the fol- lowing on the other party at least 30 days before the date sche duled for trial: (

a) a copy of any expert report they intend to rely on at trial; and (

b) a copy of the expert’s resume or curriculum vitae.

(2) Despite subrule (1), the pa rties may agree, or a judge may order, that a different timeline applies for the exchange of ex pert re- ports. F12.04 No party may rely upon an expert report which was not ex - changed in accordance with rule F12 ("Expert Reports"), unless a judge permits otherwise. Rule F13 - Investigations and Reports Ordered by a Judge F13.01

(1) A judge may, at a cas e management hearing, direct a per- son to make an investigation and report that a judge deems nece ssary for the resolution of issues between the parties, including a p roceeding in which parenting, child support, spousal support, partner sup port, parental support, dependant support, or property is in issue.

(2) Where a judge directs an investigation and report under subrule (1), the judge may recei ve evidence resulting from the investi- gation.

(3) The person making the investigation and report must, at le ast 24 hours before filing the report, serve a copy of the report u pon every party to the proceeding, in acco rdance with rule F8 ("Providing Notice and Serving Documents on Other P arties or Persons"), unless the judge orders otherwise. Timeline for ex- change of expert reports Expert reports Investigation ordered by judge

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 113

(4) The person making the investigation is a competent and compellable witness.

(5) Subrule (4) does not appl y to Family Justice Services.

(6) A party may cross-examine a person who provides evidence obtained in the course of an investigation under this rule and may lead evidence in response.

(7) A judge may order how the expense related to an investiga- tion must be paid. F13.02

(1) A judge may, at a case management hearing, order any testing or assessment be conducted that the judge deems necessa ry for the resolution of the issues.

(2) Where a judge orders testing or an assessment, the person conducting the testing or assessment must prepare a written rep ort and file it with the Court within the time ordered by the Court, an d, in ac- cordance with rule F8 ("Providing Notice and Serving Documents on Other Parties or Persons"), serve a copy on both parties, unles s a judge orders otherwise.

(3) Unless a judge orders otherwise, a report required under subrule (2) that relates to issues of parenting must include (

a) information the assessor considers relevant to the matters in dispute; (

b) an opinion as to the ability of a party to parent; (

c) an opinion as to what parenting plan would be in the best interests of the children; (

d) an opinion as to relevant services that are available to t he parties or their children; (

e) the basis of the opinions provided; and (

f) information on any other matter referred by a judge.

(4) The person conducting the testing or assessment is a compe - tent and compellable witness. Testing and assess- ments ordered by judge

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 114

(5) Subrule (4) does not appl y to Family Justice Services.

(6) A party may cross-examine a person who provides evidence obtained in the course of any testing or assessment under this rule and may lead evidence in response.

(7) A judge may order how the expense related to the testing o r assessment must be paid.

Section 5 - Court Assistance in Managing your Case Rule F14 - Case Management F14.01

(1) This rule sets out the procedure for case management , which is a form of judicial supervision of the proceeding.

(2) This rule provides (

a) which proceedings must be case managed; (

b) how the first case management hearing is scheduled in a proceeding; (

c) how subsequent case management hearings are scheduled; (

d) a party’s duties and responsibilities at a case management hearing; (

e) the procedure at a cas e management hearing; and (

f) what a judge may do at a case management hearing. F14.02

(1) Every proceeding must be case managed by a judge, su b- ject to subrule (2) or an order of a judge providing otherwise.

(2) Unless a judge orders otherwise, case management is not required where one or more of the following applies: (

a) the proceeding has been brought under the Children and Youth Care and Protection Act; (

b) a Notice of Default has been filed on all issues; Scope of rule Mandatory case management

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 115 (

c) a Demand for Notice has been filed on all issues; (

d) a Consent Order has b een filed on all issues; (

e) an objection to recal culation has been filed. F14.03

(1) A registry clerk must

schedule a case management hea ring (

a) where the proceeding involve s claims for child support or parenting, seven days after the filing of a Note to Court by Family Justice Services; (

b) where the proceeding does not involve a claim for child support or parenting, immediately after (

i) a Response has been filed, or (ii) the applicant has filed an affidavit of service showing that the Originating Application has been served and the time for filing a Response has expired.

(2) Where a proceeding involves claims in addition to child support or parenting, a party may request a registry clerk to s chedule a case management hearing in relation to any claim other than chi ld sup- port or parenting, but only after (

a) a Response has been filed; or (

b) the applicant has filed an affidavit of service showing th at the Originating Application has been served and the time for filing a Response has expired.

(3) Where a case management hearing is scheduled under sub- rule (1) or (2), a registry clerk must notify the parties or their lawyers of the case management hearing. F14.04

(1) After the first case management hearing has been hel d, a judge may order or a party may request a subsequent case manage ment hearing.

(2) A party may request a case management hearing under sub- rule (1) by filing a Request for Case Management in Form F14.04A. First case manage- ment hearing Subsequent case management hearings

Rules of Supreme Court, 1986 (Amendment) 11/1 7 The Newfoundland and Labrador Gazette February 24, 2017 116

(3) The party requesting the case management hearing must, in accordance with rule F8 ("Providing Notice and Serving Documents on Other Parties or Persons"), serve the Request for Case Manageme nt on the other parties as soon as practicable and at least seven day s prior to the date scheduled for the case management hearing, unless a ju dge orders otherwise. F14.05

(1) The parties and their lawyers must att

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2017-02-24
Type	gazette
Volume / chapter	printer gazette weekly issues 2017 nlg170224
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	77350cbc50cf8c1a1734382627c54da1387efe72

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