Newfoundland and Labrador Gazette, Part I — 17 December 2010, Vol. 85, No. 50 — Government Notices and Official Publications

NLG 2010-12-17

Newfoundland and Labrador — Gazette

445 445 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 85 ST. JOHN’S, FRIDAY, DECEMBER 17, 2010 No. 50 CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT AND CANADA-NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION NEWFOUNDLAND AND LABRADOR ACT CANADA-NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD CALL FOR BIDS No. NL10-01 The Canada-Newfoundland and Labrador Offshore Petroleum Board hereby gives notice of the bids which have been selected in response to Call for Bids No. NL10-01 in the Newfoundland and Labrador Offshore Area. A

summary of the terms and conditions applicable to the call was published in the The Newfoundland and Labrador Gazette, on May 7, 2010. This notice is made pursuant to and subject to the Canada-Newfoundland Atlantic Accord Implementation Act, S.C., 1987, c.3, and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, RSNL., 1990, c.C-2. Pursuant to Call for Bids No. NL10-01, bids were to be submitted in a prescribed form and were to contain only the information required on this form. In accordance with the requirements, the following bids have been selected.

Subject to Ministerial approval, the Board will issue an Exploration Licence for each parcel in January 2011:

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 446 Parcel No. 1 Work Expenditure Bid $1,150,000.00 Bid Deposit $10,000 Bidders, with participating shares: Husky Oil Operations Limited 67% Repsol E & P Canada Ltd. 33% Designated Representative Husky Oil Operations Limited Parcel No. 2 Work Expenditure Bid $15,150,000.00 Bid Deposit $10,000 Bidders, with participating shares: Husky Oil Operations Limited 50% Statoil Canada Ltd. 50% Designated Representative Husky Oil Operations Limited Further information, including the full text of the Call for Bids No. NL10-01, may be obtained by contacting Ms.

Susan Gover, Legal and Land, Canada-Newfoundland and Labrador Offshore Petroleum Board, Fifth Floor, TD Place, 140 Water Street, St. John's, Newfoundland and Labrador, A1C 6H6. December 2010 CANADA-NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD MAX RUELOKKE, P.Eng. Chairman and Chief Executive Officer Dec 17 CRIMINAL CODE OF CANADA ATTORNEY GENERAL OF NEWFOUNDLAND AND LABRADOR ANNUAL REPORT

SECTION 195 CRIMINAL CODE OF CANADA RNC/RCMP This report covers the period of January 1, 2009 to December 31, 2009.

Section 195(5)(

a) Designated agents who made application(

s) in accordance with

section 185 CCC: -Mr. Stephen Dawson

Section 195(2) a. The number of applications made for authorizations (185 and 188 CCC) ......................................................................... 1 b. The number of applications made for renewals of authorizations ................................................................ ...................... 0 c. i. The number of app lications granted ......................................................................................... .......................... 0

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 447 ii. The number of applications refused ............................................................................................ ....................... 1 iii. The number of applications granted, subject to terms and conditions ........................................................... ..... 0 d. The number of persons identified in an authorization against whom proceedings were commenced at the instance of the Attorney General of Newfoundland and Labrador in respect of: i.

An offence specified in an Authorization ...................................................................................... ..................... 0 ii. An offence other than an offence specified in an Authorization but in respect of which an Authorization may be given .................................................................................................... ........................... 0 iii. An offence in respect of which an Authorization may not be given .............................................................. ..... 0 e.

The number of persons not identified in an Authorization against whom proceedings were commenced at the instance of the Attorney General of Newfoundland and Labrador in respect of: i. An offence specified in such an Authorization ................................................................................. .................. 0 ii. An offence other than an offence specified in such an Authorization but in respect of which an Authorization may be given .................................................................................................... ........................... 0 iii.

An offence other than an offence specified in such an Authorization and for which no such Authorization may be given .................................................................................................... ........................... 0 and whose commission or alleged commission of the offenc e became known to a peace officer as a result of an interception of a private communication under an authorization; f. The average period for which Authorizations were given and for which renewals thereof were granted: Not Applicable g.

The number of Authorizations, by virtue of one or more renewals thereof, were valid: For more than 60 days ......................................................................................................... ............................... 0 For more than 120 days ........................................................................................................ .............................. 0 For more than 180 days ........................................................................................................ .............................. 0 For more than 240 days ........................................................................................................ .............................. 0 h.

The number of notifications given pursuant to

section 196 ..................................................................... ........................... 0 i. The offences in respect of which authorizations were given, specifying the number of authorizations given in respect of each of those offences.............................................................................................. ........................................... 0 j.

A description of all classes of places specified in authorizations and the number of authorizations in which each of those classes of places was specified : Residences .................................................................................................................... ...................................... 0 Businesses .................................................................................................................... ...................................... 0 Vehicles ...................................................................................................................... ........................................ 0 Mobile Phones.................................................................................................................. ................................... 0 Internet ....................................................................................................................... ......................................... 0 k.

A general description of the methods of interception involved in each interception under an authorization: (

i) telecommunications (ii) oral communications (iii) video surveillance (iv) internet intercept l. The number of persons arrested whose identity became known to a Peace Officer as a result of an interception under an authorization ........................................................................................... ......................................... 0

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 448 m.

The number of criminal proceedings commenced at the instance of the Attorney General of Newfoundland and Labrador in which private communication obtained by interception under an authorization were adduced in evidence and the number of those proceedings that resulted in a conviction: Criminal proceedings adduced in evidence ....................................................................................... .................. 0 Resultant convictions .......................................................................................................... ................................ 0 (Ongoing Preliminary Proceedings) n.

The number of criminal investigations in which information obtained as a result of the interception of a private communication under an authorization was used although the private communication was not adduced in evidence in criminal proceedings commenced at the instance of the Attorney General of Newfoundland and Labrador as a result of the investigations: Intercepted information used but not adduced into evidence ..................................................................... ......... 0

Section 195(3) Other information: a. The number of prosecutions commenced against officers or servants of Her Majesty in Right of Canada or members of the Canadian Forces for offences under

Section 184 or

Section 193: Number of prosecutions......................................................................................................... ............................................. 0 HONOURABLE FELIX COLLINS Attorney General of Newfoundland and Labrador Dec 17 CORPORATIONS ACT Corporations Act -

Section 393 Local Incorporations For the Month of: October 2010 Date Number Company Name 2010-10-01 63391 63391 NEWFOUNDLAND AND LABRADOR INC. 2010-10-01 63400 THE VINEYARD, INC. 2010-10-01 63392 TIMBER CREEK HOLDINGS INC. 2010-10-01 63388 NCS Enterprises Limited 2010-10-01 63390 Professional Business Solutions Inc. 2010-10-04 63408 MACDONALD WELL SERVICES INC. 2010-10-04 63403 MDN FINANCIAL SERVICES INC. 2010-10-04 63407 NESTU'ET MANAGEMENT CONSULTING INC. 2010-10-04 63398 MP Enterprises Inc. 2010-10-04 63399 Elliott's Real Estate Limited 2010-10-04 63401 Isthmus Design Inc. 2010-10-04 63402 Dance Assembly Newfoundland and Labrador Inc. 2010-10-05 63413 63413 NEWFOUNDLAND AND LABRADOR LTD. 2010-10-05 63418 A.C.J.

RENOVATIONS INC. 2010-10-05 63410 NEWFOUND INTERNATIONAL FOODS INC. 2010-10-05 63412 PROVINCIAL BENEFITS PROGRAM INC. 2010-10-06 63422 63422 NEWFOUNDLAND AND LABRADOR LTD. 2010-10-06 63421 ARNOLD'S COVE HERITAGE FOUNDATION INC. 2010-10-06 63423 DRIVEN 3 LIMITED 2010-10-06 63420 JIENG SUDANESE CANADIAN COMMUNITY CULTURAL INC. 2010-10-06 63424 SEA DAWGS MOTORCYCLE CLUB INC. 2010-10-06 63425 STOP THE DRAMA IN AFRICA INC. 2010-10-06 63409 STAGG'S CONSTRUCTION LTD 2010-10-06 63419 ETHOS ENTERPRISES INC. 2010-10-07 63430 63430 NEWFOUNDLAND AND LABRADOR INC. 2010-10-07 63431 ASHTA HOLDINGS LIMITED 2010-10-07 63429 GRANITE SPECIALISTS INC. 2010-10-07 63432 NL FERRIES INC. 2010-10-07 63428 WADE'S EXCAVATING & SEPTIC SERVICES LTD 2010-10-07 63427 P.K.

Kennedy Investments Ltd. 2010-10-08 63438 BUSY BEES CLEANING LIMITED 2010-10-08 63439 MPC CONSULTING INC. 2010-10-08 63437 SMART CHARGE INC. 2010-10-08 63435 INITIAL MANAGEMENT SERVICES INC. 2010-10-12 63448 63448 NEWFOUNDLAND & LABRADOR LIMITED 2010-10-12 63446 COBRA PAINTING & PLASTERING LIMITED

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 449 2010-10-12 63444 Lab West Shotokan Karate Club Inc. 2010-10-12 63445 BONAVISTA - TRINITY MINOR HOCKEY ASSOCIATION INC. 2010-10-13 63455 63455 NEWFOUNDLAND & LABRADOR INCORPORATED 2010-10-13 63456 DR. I.S. MADU PMC INC. 2010-10-13 63458 NEWBRIDGE DEVELOPMENT LIMITED 2010-10-13 63451 M.

Gray Holdings Ltd. 2010-10-13 63452 Faith's Haven Animal Shelter Inc. 2010-10-13 63453 Torbay Road Orangestore Limited 2010-10-13 63454 Topsail Road Orangestore Limited 2010-10-14 63462 63462 NEWFOUNDLAND & LABRADOR LIMITED 2010-10-14 63470 63470 NEWFOUNDLAND AND LABRADOR LIMITED 2010-10-14 63468 DR. ELIZABETH BAUTISTA PROFESSIONAL MEDICAL CORPORATION 2010-10-14 63473 DR.

HULBERT SILVER PROFESSIONAL MEDICAL CORPORATION 2010-10-14 63466 PDL HOLDINGS LTD 2010-10-14 63465 SUBURBAN HEATING & AIR CONDITIONING LIMITED 2010-10-14 63463 Collins Pr operties Incorporated 2010-10-14 63464 Grady Sales and Services Inc. 2010-10-15 63477 63477 NEWFOUNDLAND & LABRADOR INC. 2010-10-15 63476 AA MOVING INC. 2010-10-15 63475 CENTRE FOR NEWFOUNDLAND-IRISH FIELD STUDIES INC. 2010-10-15 63474 DIAMOND CONSTRUCTION & DEVELOPMENT INC 2010-10-15 63471 Autonav

(2004) Inc. 2010-10-15 63472 S.L.K. Trucking Inc. 2010-10-18 63478 63478 NEWFOUNDLAND & LABRADOR INC. 2010-10-18 63480 BOB'S COVE FARM LIMITED 2010-10-18 63479 CORNER BROOK SUMMER EXPO INC. 2010-10-19 63488 D C F ENTERPRISE LTD 2010-10-19 63495 GREENS ELECTRICAL LTD. 2010-10-19 63494 JOANNE'S COMMUNITY CARE HOME INC. 2010-10-19 63496 JON E.

WILLIAMS SURVEYS LIMITED 2010-10-19 63491 PANDORA HOLDINGS INC. 2010-10-19 63487 RECOVER MAGAZINE / RAFT PRINT INC. 2010-10-19 63489 SECUREX CONSULTING INC. 2010-10-19 63484 63484 NEWFOUNDLAND AND LABRADOR INC. 2010-10-19 63485 63485 NEWFOUNDLAND AND LABRADOR INC. 2010-10-19 63486 63486 NEWFOUNDLAND & LABRADOR CORP 2010-10-20 63500 BE WELL THERAPEUTIC MASSAGE INC. 2010-10-20 63501 BYRNE GEOCONSULTING INC. 2010-10-20 63502 CSR ELECTRICAL LTD. 2010-10-20 63503 DR.

JODY WOOLFREY PROFESSIONAL MEDICAL CORPORATION 2010-10-20 63497 SBS Consulting Inc. 2010-10-20 63498 Beatons Holdings Limited 2010-10-20 63499 Northern Logistics and Communications Services Inc. 2010-10-21 63514 B&B ELECTRICAL LTD. 2010-10-21 63507 STRAY LIGHT MEDIA, INC 2010-10-21 63506 Octagon Group Inc. 2010-10-22 63515 63515 NEWFOUNDLAND AND LABRADOR LIMITED 2010-10-22 63516 63516 NEWFOUNDLAND AND LABRADOR LIMITED 2010-10-22 63517 63517 NEWFOUNDLAND & LABRADOR LIMITED 2010-10-22 63519 BURSEY CLEANERS

(2010) LIMITED 2010-10-22 63521 BURSEY CONTRACTING

(2010) LTD. 2010-10-22 63522 CELTIC GENERAL CONTRACTING LTD. 2010-10-22 63518 EAST COAST ENTERPRISES INC. 2010-10-22 63523 NORTHEAST ESCAPES NEWFOUNDLAND AND LABRADOR INCORPORATED 2010-10-22 63526 SOUND HOMES INC 2010-10-25 63531 CLARENVILLE CAR CARE LTD. 2010-10-25 63530 HAPPY CITY ST.

JOHN'S INC. 2010-10-25 63529 HUNTER ENTERPRISES INC. 2010-10-25 63537 S & C HELICOPTER MAINTENANCE SERVICES INC. 2010-10-25 63532 SATORI ELITE ATHLETICS INC. 2010-10-25 63534 SHOAL HARBOUR RENOVATIONS LTD 2010-10-25 63525 C & A HELICOPTER SERVICES INC. 2010-10-26 63544 HAVANA BRACE PRODUCTIONS INC. 2010-10-26 63543 IWCV (CANADA) INC. 2010-10-26 63528 ELSEC Consulting Inc. 2010-10-26 63533 63533 NEWFOUNDLAND & LABRADOR INC. 2010-10-26 63536 DeLar Contracting Limited 2010-10-26 63538 JCD Investments Ltd. 2010-10-26 63539 Dark Palace Investments Inc. 2010-10-26 63540 FMR Technology Ltd. 2010-10-26 63541 SHELF CO LTD. 2010-10-26 63542 L&P Reno Limited 2010-10-27 63556 CORY HOLDINGS LIMITED 2010-10-27 63559 DIVERSE INDUSTRIAL LIMITED 2010-10-27 63557 IZMIR HOLDINGS LIMITED 2010-10-27 63555 R & A AUTO INC 2010-10-27 63558 RSN SERVICES LIMITED 2010-10-27 63553 SCHOLSTE HOLDINGS LIMITED 2010-10-27 63560 STRATTON AND WAREHAM FINANCIAL SERVICES LTD. 2010-10-27 63561 TERRENCEVILLE ATV ASSOCIATION INC. 2010-10-27 63545 Ford's Accounting Services Inc 2010-10-27 63547 63547 NEWFOUNDLAND & LABRADOR INC. 2010-10-27 63548 Dark Sea Venture Technologies Inc.

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 450 2010-10-27 63549 63549 NEWFOUNDLAND & LABRADOR LIMITED 2010-10-27 63550 CJW Construction Ltd. 2010-10-27 63551 PAL Aviation Services Ltd. 2010-10-27 63552 PAL Airlines Ltd. 2010-10-28 63569 CG HOLDINGS INC. 2010-10-28 63568 CHURCH OF THE GOOD SAMARITAN CORP. 2010-10-28 63570 LIVING THE DREAM TANNING STUDIO LTD. 2010-10-28 63571 RUBY'S RAT PACK INC. 2010-10-28 63566 TYLERICA CONSULTING INC. 2010-10-28 63562 63562 NEWFOUNDLAND & LABRADOR LIMITED 2010-10-28 63563 J.W.

MacDonald Holdings Limited 2010-10-28 63564 Movies in Motion Inc. 2010-10-28 63565 Hunt's Hotel Limited 2010-10-29 63583 BRK ENTERPRISES INC. 2010-10-29 63582 BURSEY'S TAXI INC. 2010-10-29 63579 D & J HOME BUILDERS INC. 2010-10-29 63584 DR. TRACEY WENTZELL PROFESSIONAL MEDICAL CORPORATION 2010-10-29 63580 LITTLE HEARTS EASE SMALL BOAT MARINA INC. 2010-10-29 63585 LITUS SERVICES LIMITED 2010-10-29 63587 SATELLITE COMMUNICATIONS LIMITED 2010-10-29 63586 WESTERN BAY LINE DEVELOPMENT COMMITTEE CORP. 2010-10-29 63581 ZOE MORGAN AGENCIES INC. 2010-10-29 63572 Clyde Way Investments Limited 2010-10-29 63573 C.W.

Planning Limited 2010-10-29 63578 BLUE RIDGE FISHERIES LTD Total Incorporations: 144 ________________________________________ Corporations Act -

Section 331 Local Revivals For the Month of: October 2010 Date Number Company Name 2010-10-01 7278 Clarenv ille Chemicals

(1974) Limited 2010-10-05 12294 Geojac Corporation Limited 2010-10-06 31161 EXPLOITS VALLEY ROD & GUN CLUB INC. 2010-10-06 17888 GANDER AREA DEVELOPMENT CORPORATION LIMITED 2010-10-18 49142 F. Lilly Manufacturing Inc. 2010-10-20 34291 BARRETT'S BAKERY LIMITED 2010-10-21 43185 Islandside General Store Ltd. 2010-10-25 44755 Long Range Mountain Inc. 2010-10-25 44754 VIKING CONNECTION INC. 2010-10-26 37443 Seanic Canada Inc. 2010-10-27 18136 BOYS' AND GIRLS' CLUBS OF NEWFOUNDLAND AND LABRADOR 2010-10-28 11956 Gosse's Nursing Home Limited 2010-10-29 47380 FOCUS ATLANTIC INCORPORATED Total Revivals: 13 ________________________________________ Corporations Act -

Section 296 and 393 Local Continuances For the Month of: October 2010 Date Number Company Name 2010-10-05 12294 Geojac Corporation Limited 2010-10-06 63426 DR. TODD YOUNG PROFESSIONAL MEDICAL CORPORATION 2010-10-08 63441 DR. R. WADE POWER DENTISTRY INC. Total Continuances: 3 ________________________________________ Corporations Act -

Section 286 Local Amendments For the Month of: October 2010 Date Number Company Name 2010-10-01 45255 International Alliance for Missions Inc. 2010-10-04 54984 ATLANTIC QUALITY & INSPECTION SERVICES INC. 2010-10-04 59699 MORRIS HOLDINGS LIMITED 2010-10-04 46600 TORS COVE HALL COMMITTEE INC. 2010-10-05 63263 A-1 Glass Inc. 2010-10-05 12294 Geojac Corporation Limited 2010-10-05 56530 UNDER THE SEA FOODS INC. 2010-10-06 62798 DR. DILSHAD MITHANI PROFESSIONAL DENTAL CORPORATION 2010-10-06 9995 K. J.

POWER LIMITED 2010-10-06 21340 LEWIS LOGGING LIMITED 2010-10-06 63275 North Atlantic Iron Corporation 2010-10-06 59364 Smart Renovations Inc 2010-10-06 6000 W. C. Belbin Limited 2010-10-07 63120 ST. GERTRUDE'S EMPORIUM INC. 2010-10-08 37200 FUGRO GEOSURVEYS INC. 2010-10-08 41980 RODDICKTON HOUSE CO.

LTD. 2010-10-12 48364 FRIENDS OF WRITERS AT WOODY POINT INC. 2010-10-12 47628 Lingo Creative Inc 2010-10-12 52867 SENTINEL HOLDINGS LIMITED 2010-10-13 48888 X-IT ENTERPRISES INC. 2010-10-14 62002 62002 NEWFOUNDLAND & LABRADOR LTD. 2010-10-14 55237 CAPITAL CITY ENTERPRISES LTD. 2010-10-14 58173 DIALOG WINES INC. 2010-10-14 62780 DR. NAZIR BARAKJI PROFESSIONAL MEDICAL CORPORATION 2010-10-14 62788 DR. PETER BARNES PROFESSIONAL MEDICAL CORPORATION

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 451 2010-10-14 63426 DR.

TODD YOUNG PROFESSIONAL MEDICAL CORPORATION 2010-10-14 46108 Greeley Properties Inc 2010-10-14 50209 HAROLD WHITTLE (PAINTING CONTRACTOR) LIMITED 2010-10-14 17611 Nutron Electric Limited 2010-10-15 63311 BHG ENTERPRISES INC. 2010-10-15 46729 GS HOBBS CONSULTING LTD. 2010-10-15 63148 RODO INDUSTRIES LIMITED 2010-10-18 60670 ACCORD CONSULTING AND PSYCHOLOGICAL SERVICES INC. 2010-10-18 59143 ARCTIC OFFSHORE INTERNATIONAL INC. 2010-10-18 58927 AVALON TRIM WORKS LTD. 2010-10-20 34237 CANADIAN ICEBERG VODKA CORPORATION 2010-10-20 42420 CITY TIRE & AUTO CENTRE LIMITED 2010-10-20 50847 YOUNG'S FABRICATION LIMITED 2010-10-21 14452 DENTAL CRAFTS LTD. 2010-10-21 22068 Health And Educational Services Inc. 2010-10-21 62719 INFINITY CONSTRUCTION LTD. 2010-10-21 48545 Tony McDonald Painting Ltd. 2010-10-25 2441 150 (NORTH ATLANTIC) WING, R.C.A.F.

ASSOCIATION 2010-10-25 62749 A 1 SAFETY TRAINING & CONSULTING LTD. 2010-10-25 10858 ACUREN PIPELINE SERVICES INC. 2010-10-25 63524 J.A.B.

ENTERPRISES LIMITED 2010-10-25 57860 PROSPECT DEVELOPMENT LIMITED 2010-10-25 51620 REAL DEAL CONSTRUCTION LIMITED 2010-10-26 51895 BROOKSIDE HOLDINGS LIMITED 2010-10-26 42420 CITY TIRE & AUTO CENTRE LIMITED 2010-10-26 18013 Electro Lift Rentals Limited 2010-10-26 9270 Electro Mechanical Services Limited 2010-10-26 35043 Gabbro E xpediting & Transfer Inc. 2010-10-26 38763 POST MILL LUMBER INCORPORATED 2010-10-26 23763 SYNERGY INC. 2010-10-27 39075 10633 Newfoundland Limited 2010-10-27 32288 Advantage Financial Services Inc. 2010-10-27 50710 AVALON AWARDS INC. 2010-10-27 50194 DR. TERRY PEDDLE, PROF. DENTAL CORP.

INC. 2010-10-27 15434 P.A.L. INDUSTRIES LIMITED 2010-10-27 28877 Weather Shore Windows Inc. 2010-10-28 35551 Cabletec Business Telecommunication Systems Newfoundland Limited 2010-10-28 62339 CREATE OFFSHORE INC. 2010-10-28 45547 Learning Disabilities Association of Newfoundland and Labrador Inc. 2010-10-29 53982 BIG SKY INC. 2010-10-29 14097 Complete Paving Limited 2010-10-29 62802 DR. JINKA SATHYA AND DR. PUSHPA SATHYA PROFESSIONAL MEDICAL CORPORATION 2010-10-29 61246 DR.

PAUL SLANEY PROFESSIONAL CHIROPRACTIC CORPORATION 2010-10-29 9360 Patrick Comerford Holdings Limited 2010-10-29 63320 RDS DRILLING FACILITIES INC. 2010-10-29 63541 SHELF CO LTD. 2010-10-29 63076 SMITH'S ELECTRICAL LIMITED Total Amendments: 72 ________________________________________ Corporations Act -

Section 335 Local Dissolutions For the Month of: October 2010 Date Number Company Name 2010-10-01 13393 Omar Mechanical Limited 2010-10-01 48892 Toulon Development (St. John'

s) Limited 2010-10-01 11032 TRINITY PLACENTIA MALL LIMITED 2010-10-04 21373 BAIRD & ASSOCIATES INC. 2010-10-05 11698 Insurance Driving School Limited 2010-10-05 45370 K & K Transfer Limited 2010-10-06 5535 Clarenville Chemicals Limited 2010-10-06 39065 Cupids Development Group Inc. 2010-10-06 60474 K2 Electrical Ltd. 2010-10-06 61434 NEW WORLD THEATRE PROJECT INC. 2010-10-06 52694 POINT-AUX-GAUL IMPROVEMENT COMMITTEE CORPORATION 2010-10-08 43189 Newfoundland and Labrador Independent Truckers Association Inc. 2010-10-08 54094 SEAHORSE LEARNING LTD. 2010-10-08 7803 SLANEY'S BURNER & HEATING SERVICE LIMITED 2010-10-12 49290 1010 Investments Limited 2010-10-12 58632 58632 NEWFOUNDLAND AND LABRADOR INCORPORATED 2010-10-12 27468 PPK HOLDINGS LTD. 2010-10-13 42691 MARK'S DESIGNER CAKES & PASTRIES INC. 2010-10-15 54466 NORTH ATLANTIC CONSTRUCTION LTD. 2010-10-18 48573 Robanna Trucking Ltd. 2010-10-19 32939 HAYDEN HOLDINGS LTD. 2010-10-20 46728 Kellys Convenience Ltd 2010-10-21 9165 Mario's Hairstylist Limited 2010-10-21 9017 RUSSELL PIKE LIMITED 2010-10-25 33998 Traditional Meals & Snacks Ltd. 2010-10-27 39829 Control Systems Services Ltd.

Total Dissolutions: 26 ________________________________________

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 452 Corporations Act -

Section 294 Local Amalgamations For the Month of: October 2010 Date Number Company Name 2010-10-01 63387 NORTHERN HARVEST SEA FARMS NEWFOUNDLAND LTD. From: 48293 ICEWATER MARINE FARMS LTD. 57738 NORTHERN HARVEST SEA FARMS NEWFOUNDLAND LTD. 2010-10-22 63524 J.A.B. ENTERPRISES LIMITED From: 55917 GALCOM ENTERPRISES LTD. 31813 J.A.B. ENTERPRISES LIMITED 2010-10-30 63589 SPORTS VILLAS RESORT, INC. From: 61188 KING GEORGE PROPERTIES INC. 42415 SPORTS VILLAS RESORT, INC. Total Amalgamations: 3 ________________________________________ Corporations Act -

Section 286 Local Name Changes For the Month of: October 2010 Number Company Name 59699 MORRIS HOLDINGS LIMITED 2010-10-04 From: 59699 NEWFOUNDLAND & LABRADOR INC. 63263 A-1 Glass Inc. 2010-10-05 From: 1st Choice Glass Inc 56530 UNDER THE SEA FOODS INC. 2010-10-05 From: NEWFOUNDLA ND ORGANIC SEAFOODS INC. 63275 North Atlantic Iron Corporation 2010-10-06 From: 63275 NEWFOUNDLAND & LABRADOR INC. 63120 ST.

GERTRUDE'S EMPORIUM INC. 2010-10-07 From: 63120 NEWFOUNDLAND & LABRADOR CORP 58173 DIALOG WINES INC. 2010-10-14 From: Bin 22 Beverages Inc. 63148 RODO INDUSTRIES LIMITED 2010-10-15 From: Perac Industries Ltd. 60670 ACCORD CONSULTING AND PSYCHOLOGICAL SERVICES INC. 2010-10-18 From: ACCORD CONSULTING INC. 59143 ARCTIC OFFSHORE INTERNATIONAL INC. 2010-10-18 From: ATLANTIC OFFSHORE INTERNATIONAL INC. 50847 YOUNG'S FABRICATION LIMITED 2010-10-20 From: YOUNG'S RECREATION LIMITED 62339 CREATE OFFSHORE INC. 2010-10-28 From: CREATE-OFFSHORE INC. 63320 RDS DRILLING FACILITIES INC. 2010-10-29 From: RDS- Hinz Drilling Facilities Inc. 63541 SHELF CO LTD. 2010-10-29 From: PAL Aerospace Ltd.

Total Name Changes: 13 ________________________________________ Corporations Act -

Section 443 Extra-Provincial Registrations For the Month of: October 2010 Date Number Company Name 2010-10-01 63393 ALLIANCEBERNSTEIN CANADA, INC. 2010-10-01 63395 GRYPHON CAPITAL CORPORATION CORPORATION GRYPHON CAPITAL 2010-10-01 63397 QUADRA CHEMICALS LTD./ QUADRA CHIMIE LTÉE 2010-10-01 63396 SARSTEDT INC. 2010-10-01 63394 SENTRY SELECT CAPITAL INC./SENTRY SELECT CAPITAL INC. 2010-10-04 63404 MATT PROPERTIES LTD. 2010-10-04 63406 NYLIFE DISTRIBUTORS LLC 2010-10-05 63415 BENJAMIN MOORE & CO., LIMITED 2010-10-05 63414 CUSTOMER CARE PHARMACY INC. 2010-10-05 63417 DAS LEGAL PROTECTION INSURANCE COMPANY LIMITED 2010-10-05 63416 PATHWAY 2010 GORR INC. 2010-10-05 63411 RINNAI CANADA HOLDINGS LIMITED 2010-10-07 63436 FAY ENVIRONMENTAL CANADA LIMITED 2010-10-07 63433 SENTRY SELECT INVESTMENTS INC./ SENTRY SELECT INVESTISSEMENTS INC. 2010-10-08 63440 CONTINENTAL AIRLINES, INC. 2010-10-08 63443 J.P.

MORGAN CLEARING CORP. 2010-10-08 63442 WEICHERT CORPORATE HOUSING CANADA, INC. 2010-10-12 63449 3043177 NOVA SCOTIA LIMITED

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 453 2010-10-12 63450 MAPLE LEAF SHORT DURATION 2010 FLOW- THROUGH MANAGEMENT CORP. 2010-10-12 63447 UMC FINANCIAL MANAGEMENT INC. 2010-10-13 63459 LABOUR READY TEMPORARY SERVICES LTD. 2010-10-13 63461 MARRET ASSET MANAGEMENT INC. 2010-10-13 63457 RAE OF HOPE PRODUCTIONS INC. 2010-10-14 63467 AVENUE CAPITAL MARKETS CPVC INC.

MARCHÉS DES CAPITAUX AVENUE CPVC INC. 2010-10-18 63483 CANAM PHYSICIAN RECRUITING INCORPORATED 2010-10-19 63493 FSC GP VII CORP. 2010-10-19 63490 RPM REAL CANADIAN PROPERTY MANAGEMENT INC. 2010-10-19 63492 SALVATORE INSURANCE BROKERS LIMITED 2010-10-20 63505 CESSNA SERVICEDIRECT, INC. 2010-10-21 63510 6774326 CANADA INC. 2010-10-21 63511 DRIVER IRON INC. 2010-10-21 63508 HDI-GERLING INDUSTRIE VERSICHERUNG AG 2010-10-21 63512 KTA SULLIVAN CORPORATION OF CANADA LIMITED 2010-10-21 63509 MORGAN STANLEY & CO.

INCORPORATED 2010-10-22 63520 MORGAN STANLEY SMITH BARNEY LLC 2010-10-22 63527 PAVEX LTEE 2010-10-25 63535 3102597 NOVA SCOTIA LIMITED 2010-10-28 63577 ADVANCED WIRING SOLUTIONS INC. 2010-10-28 63576 ATLANTICA MECHANICAL SERVICES INC. 2010-10-28 63575 GOLDMAN SACHS CANADA INC. 2010-10-28 63574 THE GOLDMAN SACHS GROUP, INC. 2010-10-28 63567 THE GOLDMAN, SACHS & CO. L.L.C. 2010-10-29 63590 BÉTON NOUVEAU LTÉE. - NEW CONCRETE PRODUCTS LTD. 2010-10-29 63588 RIOCAN MANAGEMENT INC. Total Registrations: 44 ________________________________________ Corporations Act -

Section 451 Extra-Provincial Name Changes For the Month of: October 2010 Number Company Name 61700 CANADA BREAD COMPANY, LIMITED/BOULANGERIE CANADA BREAD, LIMITÉE 2010-10-04 From: CANADA BREAD COMPANY, LIMITED/PAIN CANADA COMPAGNIE, LIMITEE 59634 HOWSON TATTERSALL INVESTMENT COUNSEL LIMITED/ LES CONSEILLERS EN PLACEMENT HOWSON TATTERSALL LIMITÉE 2010-10-04 From: HOWSON TATTERSALL INVESTMENT COUNSEL LIMITED/LES CONSEILLERS EN PLACEMENT HOWSON TATTERSALL LIMITÉE 61887 SALLY BEAUTY (CANADA) LIMITED 2010-10-07 From: SA LLY BEAUTY (CANADA) CORPORATION 59481 JUBILANT DRAXIMAGE INC. 2010-10-08 From: DRAXIS SPECIALTY PHARMACEUTICALS INC./ PRODUITS PHARMACEUTIQUES SPÉCIALISÉS DRAXIS INC. 54031 ESA CANADA ADMINISTRATOR L.L.C. 2010-10-12 From: ESA CANADA TRUSTEE INC. 3993D WYETH CANADA INC. 2010-10-14 From: WYETH CANADA INC. 3993D WYETH CANADA ULC 2010-10-14 From: WYETH CANADA INC. 54514 VALEANT PHARMACEUTICALS INTERNATIONAL, INC. 2010-10-19 From: BIOVAIL CORPORATION 59062 BECLIN EQUITIES INC. 2010-10-20 From: 235 WATER STREET EQUITIES INC. 5750F RHEINMETALL MAN MILITARY VEHICLES CANADA LTD. 2010-10-22 From: MAN MILITARY VEHICLE SYSTEMS CANADA LTD. 2228D MOMENTIVE SPECIALTY CHEMICALS CANADA INC.

PRODUITS CHIMIQUES SPÉCIALISÉS MOMENTIVE CANADA INC. 2010-10-26 From: HEXION SPECIALTY CHEMICALS CANADA, INC. PRODUITS CHIMIQUES SPÉCIALISÉS HEXION CANADA, INC. Total Name Changes: 11 ________________________________________

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 454 Corporations Act -

Section 294 Extra-Provincial Registrations for Amalgamation For the Month of: October 2010 Date Number Company Name 2010-10-04 63405 MACKENZIE FINANCIAL CORPORATION - CORPORATION FINANCIERE MACKENZIE From: 59634 HOWSON TATTERSALL INVESTMENT COUNSEL LIMITED/LES CONSEILLERS EN PLACEMENT HOWSON TATTERSALL LIMITÉE 62398 MACKENZIE FINANCIAL CORPORATION- CORPORATION FINANCIERE MACKENZIE 2010-10-07 63434 BEAUTY SYSTEMS GROUP (CANADA), INC. From: 61887 SALLY BEAUTY (CANADA) LIMITED 2010-10-13 63460 OMG BENEFITS CONSULTING INC.

From: 60287 OMG BENEFITS CONSULTING INC. 2010-10-14 63469 AEROQUEST LIMITED From: 58055 AEROQUEST LIMITED 2010-10-18 63481 STRATOS WIRELESS INC. STRATOS SANS FIL INC. From: 2834D Stratos Global Corporation 3356D STRATOS WIRELESS INC. STRATOS SANS FIL INC. 2010-10-18 63482 STRATOS WIRELESS INC. STRATOS SANS FIL INC. From: 3481 STRATOS WIRELESS INC. STRATOS SANS FIL INC. 2010-10-20 63504 THE CASH STORE INC. From: 54202 TEMBO TELECOM INC. 58014 THE CASH STORE INC. 2010-10-21 63513 PRECISION DRILLING CORPORATION From: 55455 PRECISION DRILLING CORPORATION 2010-10-26 63546 CTV INC.

From: 63228 CTV INC. 2010-10-27 63554 CLAIMSPRO INC. From: 51189 CLAIMSPRO INC. Total Registrations for Amalgamation: 10 DEPARTMENT OF GOVERNMENT SERVICES Dean Doyle, Registrar (Acting) Dec 17 MENTAL HEALTH CARE AND TREATMENT ACT Pursuant to Subsection 4(1) of the Mental Health Care and Treatment Act, I designate the Dr. Charles A. Janeway Child Health Centre in St. John’s, Newfoundland and Labrador, as a psychiatric unit for the purposes of the Mental Health Care and Treatment Act. Dated at St. John’s, Newfoundland and Labrador this 6 th day of December, 2010 JEROME P. KENNEDY, Q.C.

Minister of Health and Community Services Dec 17 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, cM-12, RSNL 1990 as amended. Mineral rights to the following mineral lands have reverted to the Crown: Mineral License 014140M Held by Altius Resources Inc. Situate near Rolling Pond, Central NL On map sheet 02D/11 02D/12 Mineral License 014141M Held by Altius Resources Inc. Situate near Rolling Pond, Central NL On map sheet 02D/11 Mineral License 006989M Held by Aeroquest Limited Situate near Evening Lake On map sheet 23G/09E Mineral License 011371M Held by Bayswater Holdings Inc.

Situate near Kaipokok River On map sheet 13K/10 Mineral License 011372M Held by Bayswater Holdings Inc. Situate near Kaipokok River On map sheet 13K/10 13K/09 Mineral License 011373M Held by Bayswater Holdings Inc. Situate near Kaipokok River On map sheet 13K/10 13K/09 Mineral License 011374M

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 455 Held by Bayswater Holdings Inc. Situate near Kaipokok River On map sheet 13K/10 13K/15 Mineral License 011375M Held by Bayswater Holdings Inc. Situate near Kaipokok River On map sheet 13K/09 Mineral License 011377M Held by Bayswater Holdings Inc. Situate near Otter Lake On map sheet 13K/02 13K/07 Mineral License 011379M Held by Bayswater Holdings Inc.

Situate near Kaipokok River On map sheet 13K/07 13K/08 13K/10 13K/09 A portion of license 011388M Held by Crosshair Exploration & Mining Corp (60%) /Silver Spruce Resources Inc.(40%) Situate near Makkovik River On map sheet 13J/12 13J/13 more particularly described in an application on file at Department of Natural Resources A portion of license 016797M Held by Crosshair Exploration & Mining Corp (60%) /Silver Spruce Resources Inc.(40%) Situate near Makkovik River On map sheet 13J/13 13J/14 more particularly described in an application on file at Department of Natural Resources A portion of license 011521M Held by Crosshair Exploration & Mining Corp (60%) /Silver Spruce Resources Inc.(40%) Situate near Pocketknife Lake On map sheet 13K/06 13K/11 13K/10 more particularly described in an application on file at Department of Natural Resources Mineral License 012463M Held by Kendell, Colin Albert Situate near Bernards Pond, Central NL On map sheet 02D/04 Mineral License 012465M Held by Bayswater Ventures Corp.

Situate near Makkovik River On map sheet 13J/13 Mineral License 013822M Held by Duffitt, Alexander S. Situate near Northwest Brook, Eastern NL On map sheet 02C/04 Mineral License 013836M Held by Celtic Minerals Ltd Situate near Alliger Lake On map sheet 14E/02 14E/01 Mineral License 016859M Held by Altius Resources Inc. Situate near Sheffield Lake Area, Central NL On map sheet 12H/01 12H/02 12H/08 Mineral License 016860M Held by Altius Resources Inc. Situate near Barneys Brook, Central NL On map sheet 12H/01 12H/02 Mineral License 016848M Held by Altius Resources Inc.

Situate near Mizzen Topsail, Central NL On map sheet 12H/02 Mineral License 016861M Held by Altius Resources Inc. Situate near Little Sandy Pond, Central NL On map sheet 12H/01 12H/02 Mineral License 016863M Held by Altius Resources Inc. Situate near Grand Lake, Central NL On map sheet 12A/14 12H/03 Mineral License 016829M Held by Altius Resources Inc. Situate near Little Pond Brook, West - Central NL On map sheet 12A/14 Mineral License 016854M Held by Altius Resources Inc. Situate near Howley, Western NL On map sheet 12H/03 Mineral License 016867M Held by Altius Resources Inc.

Situate near Red Indian Brook North ,Central NL On map sheet 12A/11 12A/14 Mineral License 016836M Held by Altius Resources Inc. Situate near Shanadithit Br ook Area,West - Central NL On map sheet 12A/11 12A/14 Mineral License 016866M Held by Altius Resources Inc. Situate near Red Indian Brook East ,Central NL On map sheet 12A/11 12A/14 Mineral License 016862M Held by Altius Resources Inc. Situate near Northeast of Buchans, Central NL On map sheet 12A/15

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 456 Mineral License 015417M Held by Duffitt, Alexander S. Situate near Conne River Area, Southern NL On map sheet 02D/03 02D/04 02D/06 Mineral License 015437M Held by Vale Exploration Canada Inc. Situate near Castors River, Great Northern Peninsula On map sheet 12I/10 12I/15 Mineral License 015441M Held by Vale Exploration Canada Inc. Situate near Torrent River, Great Northern Peninsula On map sheet 12I/10 Mineral License 016395M Held by Dawson, Michael E.

Situate near Jonathans Pond, Central NL On map sheet 02E/01 02E/02 Mineral License 016409M Held by Northcott, Ivor Situate near Rocky Ridge Pond Area, Central NL On map sheet 12A/04 Mineral License 016410M Held by Golden Do ry Resources Corp. Situate near Great Rattling Brook, Central NL On map sheet 02D/13 Mineral License 016411M Held by Hicks, David Situate near Coombs Cove, Southern NL On map sheet 01M/05 Mineral License 016417M Held by Senior, Carter Situate near Red Harbour Area, Burin Peninsula On map sheet 01M/07 01M/06 Mineral License 016418M Held by Dawson, Michael E.

Situate near Jonathans Pond, Central NL On map sheet 02E/02 Mineral License 016419M Held by Senior, Carter Situate near Red Harbour Area, Burin Peninsula On map sheet 01M/06 Mineral License 016430M Held by Dawson, Michael E.

Situate near Jonathans Pond, Central NL On map sheet 02E/02 Mineral License 016435M Held by Mercer, David Situate near Fortune Harbour, Central NL On map sheet 02E/06 Mineral License 016436M Held by Mercer, David Situate near Fortune Harbour, Central NL On map sheet 02E/11 Mineral License 016437M Held by Mercer, David Situate near Fortune Harbour, Central NL On map sheet 02E/11 Mineral License 016438M Held by Mercer, David Situate near Fortune Harbour, Central NL On map sheet 02E/06 02E/11 Mineral License 017247M Held by Altius Resources Inc.

Situate near Hinds Lake, Central NL On map sheet 12H/03 Mineral License 017259M Held by Altius Resources Inc. Situate near Little Pond Brook, West - Central NL On map sheet 12A/14 12H/03 Mineral License 017262M Held by Altius Resources Inc. Situate near Shanadithit Br ook Area, West - Central NL On map sheet 12A/14 Mineral License 017264M Held by Altius Resources Inc. Situate near Shanadithit Brook, West - Central NL On map sheet 12A/14 Mineral License 017265M Held by Altius Resources Inc.

Situate near Mizzen Topsail, Central NL On map sheet 12H/02 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/2000, 36/2001, 31/2004,78/2006, 8/2008 and 28/2009 and outlined on 1:50 000 scale digital maps maintained by the Department of Natural Resources, will be open for 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 JIM HINCHEY, P.Geo. Manager - Mineral Rights

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 457 File Nos. 774:3214, 3616, 6436, 6437, 6438, 6439, 6440, 6441, 6442, 6443, 6445, 6453, 6550, 6569, 7360, 7362, 8644, 8658, 8830, 8834, 8838, 8841, 8845, 8847, 8848, 8857, 8858, 8860, 8862, 9885, 9902, 9906. 775:0350, 0365, 0366, 0367, 0373, 0374, 0375, 0376, 0381, 0382, 0383, 0384, 0826, 0837, 0841, 0843, 0844.

Dec 17 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF CARBONEAR MUNICIPAL PLAN AMENDMENT No. 12, 2010, and DEVELOPMENT REGULATIONS AMENDMENT No. 19, 2010 TAKE NOTICE that the Town of Carbonear Municipal Plan Amendment No. 12, 2010, and Development Regulations Amendment No. 19, 2010, approved by Council on the 17 th day of November, 2010, has been registered by the Minister of Municipal Affairs. Municipal Plan Amendment No . 12, 2010, is divided into two parts. Part A will re-designate an area of land located east of Highroad south and south of Park Avenue from Residential to Commercial.

Part B will delete Figure 1,

Schedule of Street Reserv ations from

section 3.4, Transportation, in the Municipal Plan. Development Regulations Am endment No. 19, 2010, will re-zone the same area of la nd as described above from Residential Medium Density to Commercial General. The Town of Carbonear Municipal Plan Amendment No. 12, 2010, and Development Re gulations Amendment No. 19, 2010, 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 Carbonear Municipal Plan Amendment No. 12, 2010, and Development Regulations Am endment No. 19, 2010, may do so at the Town Office, Carbonear during normal working hours. Cathy Somers, Town Clerk TOWN OF CARBONEAR Dec 17 NOTICE OF REGISTRATION TOWN OF WITLESS BAY DEVELOPMENT REGULATIONS AMENDMENT No. 7, 2010 TAKE NOTICE that the Town of Witless Bay Development Regulations Am endment No. 7, 2010, as adopted by Council on the 9 th day of November, 2010, has been registered by the Minister of Municipal Affairs.

In general terms, Developm ent Regulations Amendment No. 7, 2010 will re-zone an ar ea of land from Residential Subdivision Area to Residential. The Town of Witless Bay Development Regulations Amendment No. 7, 2010, comes in to 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 Witless Bay Development Regulations Amendment No. 7, 2010, may do so at the Town Office, Witless Bay during normal working hours.

Geraldine Caul, Town Clerk TOWN OF WITLESS BAY Dec 17 LANDS ACT NOTICE OF INTENT Lands Act, c36, SNL 1991 NOTICE IS HEREBY GIVE N that DEEP COVE MARINA of Musgravetown, NL intends to apply to the Department of Environment a nd Conservation, two months from the publication of this Notice, to ac quire title, pursuant to

Section 7(2)(

a) of th e said Act, to that piece of Crown Land situated within fi fteen (15) metres of the waters of Goose Bay, Musgravetown, in the Electoral District of Terra Nova for the purpose of the existing marina and a proposed infilling and being more particularly described as follows: Bounded on the North by Greetings Rd. and the 10 metre Crown land reservation; Bounded on the East by the waters of Goose Bay for a distance of 137 m; Bounded on the South by land now or formerly owned by John Young and the 10 metre Crown land reservation; Bounded on the West by land of Deep Cove Marina Inc. for a distance of 124 m; and land now or formerly owned by John Young for a distance of 13 m; and containing an area of approximately 0.15 ha Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this notice, with reasons for it, to the Minister of Environment and Conservation, and mail to the nearest Regional Lands Office: (Choose Area Applicable) c/o Eastern Regional Lands Office, P.

O. Box 8700, 5 Mews Place, St. John’s, NL, A1B 4J6. c/o Central Regional Lands Office, P. O. Box 2222, Gander, NL, A1V 2N9. c/o Western Regional Lands Office, P. O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8.

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 458 c/o Labrador Regional Lands Office, P. O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL A0P 1E0. For further information on the proposed application, please contact Deep Cove Marina Inc. Telephone (709) 467-2621 or (709) 467-2188. Dec 17 NOTICE OF INTENT Lands Act , c36, SNL 1991 NOTICE IS hereby given that SMALL BOAT MARINA of Little Heart’s Ease, NL intends to apply to the Department of Environment and Conservation, two months from the publication of this notice, to acquire title, pursuant to

section 7(2) (

e) of the said Act, to that piece of Crown Land situated within fifteen (15) metres of the waters of Trinity Bay in the Electoral District of Trinity North for the purpose of repairs to a small boat marina and being more particularly described as follows: Bounded on the North by Crown Land for a distance of 100 ft; Bounded on the East by the waters of Trinity Bay for a distance of 400 ft; Bounded on the South by Crown Land for a distance of 100 ft; Bounded on the West by a road for a distance of 400 ft; and containing an area of approximately 40,000 square feet.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this notice, with reasons for it, to the Minister of Environment and Conservation, and mail to the nearest Regional Lands Office: (Choose Area Applicable) c/o Eastern Regional Lands Office, P. O. Box 8700, 5 Mews Place, St. John’s, NL, A1B 4J6. c/o Central Regional Lands Office, P. O. Box 2222, Gander, NL, A1V 2N9. c/o Western Regional Lands Office, P. O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8. c/o Labrador Regional Lands Office, P. O.

Box 3014, Station “B”, Happy Valley-Goose Bay, NL A0P 1E0. For further information on the proposed application, please contact: ROLAND SMITH at (709) 548-2419 Dec 17 NOTICE OF INTENT Lands Act , c36, SNL 1991 NOTICE is hereby given that F. CARSON NOEL of Goose Cove, Trinity intends to apply to the Department of Environment and Conservation, two months from the publication of this notice, to acquire, pursuant to

Section 7(2) of the said Act, to that piece or parcel of Crown land situated within fifteen (15) me tres of the waters of Goose Cove in the Electoral District of Trinity North for the purpose of Boat House and Wharf. The land is described as follows: Bounded on the North by 10 m reservation for a distance of 3 metres Bounded on the East by waters of Goose Cove for a distance of 2.5 metres Bounded on the South by 10 m reservation for a distance of 3 metres Bounded on the West by 10 m reservation for a distance of 2.5 metres and containing an area of approximately 7.50 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this Notice, with reasons for it, to the Minister of Environment and Conservation, and mail to the nearest Regional Lands Office: (Choose Area Applicable) c/o Eastern Regional Lands Office, P. O. Box 8700, 5 Mews Place, St. John’s, NL, A1B 4J6. c/o Central Regional Lands Office, P. O. Box 2222, Gander, NL, A1V 2N9. c/o Western Regional Lands Office, P. O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8. c/o Labrador Regional Lands Office, P. O.

Box 3014, Station “B”, Happy Valley-Goose Bay, NL A0P 1E0. For further information on the proposed application, please contact: CARSON NOEL at (709) 351-1523 Dec 17 QUIETING OF TITLES ACT 2010 05G 0272 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) NOTICE of Application under the Quieting of Titles Act, cQ-3, RSNL 1990.

NOTICE is hereby given to all parties that ERIC HOWSE and MARGUERITE HOWSE, of the Town of Glovertown, in the District of Terra Nova, in the Province of Newfoundland and Labrador, ha s applied to the Supreme Court, Trial Division, Gander, to have title to all that piece or parcel of property situate at Glovertown, in the Province of Newfoundland and Labrador , which property is more particularly described in Sc hedule "A" hereto annexed and shown in

Schedule "B" hereto annexed.

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 459 ALL BEARINGS aforementioned, for which ERIC HOWSE and MARGUERITE HOW SE claim to be the owners investigated and for a Declaration that they are the absolute owners in fee simp le in possession and the said ERIC HOWSE and MARGUERITE HOWSE have been ordered to public Notice of Application as required by the above named Act.

All persons having title adverse to the said title claimed by the said ERIC HOWSE and MARGUERITE HOWSE shall file in the Registry of th e Supreme Court of Newfoundland and Labrador, Trial Division, Gander, particulars of such adverse claim and serve the same together with an Affidavit verifying same on th e undersigned Solicitors for the Petitioner on or before the 1 st day of January, 2011, after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All such adverse claims shall be investigated then in such manner as the Supreme Court of Newfoundland, Trial Division, Gander, may direct. DATED AT Clarenville, in the Province of Newfoundland and Labrador, this 23rd day of November, 2010. MILLS PITTMAN LAW OFFICES Solicitors for the Applicant Per: Stacy G. MacDonald ADDRESS FOR SERVICE: 111 Manitoba Drive Suite 201 Clarenville, NL A5A 1K2 Tel: (709) 466-2641 Fax: (709) 466-7109

SCHEDULE A Description Eric and Marguerite Howse Glovertown NL ALL THAT piece or parcel of land situate and being on the northern side of Main Street South at Glovertown, in the electoral District of Terra Nova, Newfoundland and Labrador, being bound and abutted as follows: BEGINNING at a point, said point being a capped iron pin set in the southeast corner other land of Eric and Marguerite Howse and having Coordinates of North 5393126.508 metres and East 231652.850 metres of the Three Degree Modified Transverse Mercator Projection for the province of Newfoundland and Labrador.

THENCE running by other land of Eric and Marguerite Howse N 54°15'47" W 69.933 metres; THENCE running by land now or formerly the Estate of Augustus Hayward N 69°37'57" E 72.757 metres; S 29°03'37" E 64.965 metres; THENCE running along the northern limit of Main Street South, (20 metres wide) S 79°48'49" W 16.515 metres; S 76°25'07" W 27.513 metres, more or less, to the point of beginning, The above described parcel of land contains an area of 3467 square metres, more or less, and is more particularly shown on the attached plan dated August 4, 2009.

ALL BEARINGS being referred to Grid North (NAD 83) with a Central Meridian of Fifty Three Degrees. (Plan # 2009-2856)

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 460

SCHEDULE “B” Dec17

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 461 TRUSTEE ACT ESTATE NOTICE IN THE ESTATE of ELIZABETH LEROUX, late of the Town of St. George’s, in the Province of Newfoundland and Labrador, pensioner, deceased: December 22, 2009 All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of ELIZABETH LEROUX, late of th e Town of St.

George’s, 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 Executor of the Estate on or before the 17 th day of January, 2011 after which date the said Executor will proceed to distribute the said Estate havi ng regard only to the claims of which notice shall have been received. DATED at Stephenville, Newf oundland and Labrador, this 6th day of December, 2010 ROXANNE PIKE LAW OFFICE Solicitor for the Executor PER: Roxanne Pike ADDRESS FOR SERVICE: P.O. Box 272 43 Main St.

Stephenville, NL A2N 2Z4 Dec 17

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 85 ST. JOHN’S, FRIDAY, DECEMBER 17, 2010 No. 50 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 111/10 NLR 112/10

NEWFOUNDLAND AND LABRADOR REGULATION 111/10 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed December 14, 2010) Under the authority of

section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following rules. Dated at St. John’s, December 1, 2010. Christopher P. Curran, Q.C. Registrar of the Supreme Court Secretary, Rules Committee RULES Analysis 1. Rule 7A.09 R&S Pre-trial conference 2. Rule 8.05 R&S Discovery and interrogato- ries 3. Rule 17A.09 Amdt. Expedited trial 4. Rule 18.02 R&S Separate trials or hearings in a proceeding 5. Rule 18A.03 Amdt. Case Management Order 6. Rule 18A.06 Amdt. Case Management Meetings 7. Rule 29.09 Amdt. Evidence on hearing of ap- plication 8. Rule 29.17 Rep. Abatement 9. Rule 37A R&S RULE 37A COURT ORDERED MEDIATION 37.01

Definitions 37.02 Purpose 37.03 Court ordered mediation 37.04 Procedure at mediation sessions The Newfoundland and Labrador Gazette 769 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 37.05 Failure to attend and other non-compliance 37.06 Results of mediation 37.07 Costs of mediati 37.08 Mediators fees 37.09 Mediators lis on t on 10. of this rs n issues 9.10 of 9.11 f 9A.02 st 9A.03 ence 9A.06 ce CES 9B.02 9B.03 be 9B.04 e LS 9C.05 at l 11. 0.03 l ays or trial 0.05 ere no for trial of 37.10 Exempti Rule 39 R&S RULE 39 CONFERENCES GENERALLY 39.01 Application rule 39.02 Setting down conferences 39.03 General powe 39.04 Attendance 39.05 Conference procedures 39.06 Discussions are without prejudice 39.07 Remote conferencing 39.08 Agreement o 39.09 Settlement 3 Consequences failing to file documents 3 Consequences of failure to attend conference or lack o preparedness RULE 39A PRE-TRIAL CONFERENCES 39A.01 Purpose of pre-trial conferences 3 How to get a matter on the Pre-Trial Li 3 Documents to be filed before pre-trial conferences 39A.04 Disposition of pre-trial confer 39A.05 Report of the pre-trial conference 3 Pre-trial conferen judge shall not preside at trial RULE 39B SETTLEMENT CONFEREN 39B.01 Purpose of settlement conferences 3 How to get a matter on the Settlement Conference List 3 Documents to filed before settlement conferences 3 Communications during a settlement conference 39B.05 Disposition of settlement conference 39B.06 Settlement conference judge shall not presid at trial RULE 39C MINI-TRIA 39C.01 Purpose of mini-trials 39C.02 General power 39C.03 Materials used during mini-trial 39C.04 Communications at mini-trial 3 Mini-trial judge shall not preside the tria Rule 40 R&S RULE 40 PLACE AND MODE OF TRIAL AND SETTING DOWN 40.01 Application and

interpretation 40.02 Place of trial 4 Setting down for tria - trials of 5 d fewer 40.04 Setting down for - General 4 Application wh Certificate of Readiness 40.06 Setting down 40.07 Settlement 40.08 Consequences of setting down 40.09 Publication of General List 40.10 Brief for trial judge 40.11 Dismissal for want The Newfoundland and Labrador Gazette 770 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 The Newfoundland and Labrador Gazette 771 December 17, 2010 0. 12 n of change e ers 13. R&S f Family ion in- volvement 14. Forms Amdt. 15. Commencement prosecution 4 Notificatio in status 40.13 Order for separat trials, etc. 40.14 General pow 12. Rule 49.08 R&S Default and

summary judg- ments Rule 56C.05 Non-Application o Justice Services Divis 40.15 Transition 1. Rule 7A.09 of the Rules of the Supreme Court, 1986 is re- pealed and the following substituted: 7A .09. Notwithstanding Rule 39A, a case management judge appointed under this rule shall conduct the pre-trial conference contemplated by Rule 39A, whether or not he or she may be the trial judge. Pre-tr ial conference 2. Rule 8.05 of the rules is repealed and the following substi- tuted: 8. 05.

Rules 30 to 35, both inclusive, and Rules 39, 39A, 39B and 39C shall apply to a person under disability and to his or her guardian for the action. D iscovery and interrogatories 3. Rule 17A.09(1) of the rules is repealed and the following substituted: 17 A.09.

(1) Notwithstanding that there may have been an application under rule 17.01, 17A.01, 40.03 or 40.04, the Court may, on applica- tion by any party where E xpedited trial (

a) the claim is for a liqui dated sum not exceeding $15,000 excluding post-judgment interest and costs; or (

b) in any other case where action under this rule can be taken without injustice to any other party, order the expedited trial of a proceed ing or an issue in a proceeding, and may order that (

c) certain facts described in the order are not in dispute; (

d) pleadings be amended or closed within a fixed time; (

e) interlocutory applications be brought within a fixed time;

Rules of the Supreme Court, 1986 (Amendment) 111/10 (

f) procedures for examination for discovery be completed within a fixed time; (

g) examination for discovery be dispensed with or limited in nature and scope; (

h) other pre-trial applications or procedures be dispensed with or limited in nature and scope; (

i) evidence be adduced by affidavit; (

j) a party deliver a written

summary of the proposed evidence of a witness within a fixed time; (

k) the evidence in chief of a witness be given in whole or in part by the production of a written statement; (

l) experts who have been retained by the parties meet, on a without prejudice basis, to determine those matters on which they agree and to identify those matters on which they do not agree; (

m) a pre-trial conference be held at a time and date to be fixed, at which any of the orders in this rule may be made; and (

n) a pre-trial conference be di spensed with and the proceeding be set down for trial on a trial list or, with the approval of the Chief Justice, set for trial on a particular date. 4. Rule 18.02 of the rules is repealed and the following substi- tuted: 18 .02. When 2 or more causes of actions or parties are joined in a pro- ceeding, the Court may order separate trials under rule 40.11 or sepa- rate hearings under rule 29.14. Separ ate trials or hearings in a proceeding 5. Rule 18A.03(2) of the rules is repealed and the following substituted:

(2) An application under rule 18A.03( 1) may be made (

a) to the court, by way of an interlocutory application, with notice to the other parties; The Newfoundland and Labrador Gazette 772 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 (

b) informally to the Chief Justice, or a judge designated by the Chief Justice, where all parties consent; or (

c) to a judge conducting a pre- trial conference, who may make an order where all parties cons ent, or, where they do not consent, may move the matter into applications court where it may be dealt with on application. 6.

(1) Rule 18A.06(3) of the rules is repealed and the following substituted:

(3) At a case management meeting, the judge and the parties may discuss any or all of the following matters: (

a) the nature and extent of the pre-trial procedures that may be required to advance the proceedings; (

b) the timing and methodology associated with the making of any application; (

c) the dispensing with procedur al steps associated with any application; (

d) the possibility of resolving procedural steps by agreement; (

e) the appropriateness of restructuring any or all of the pro- ceedings for trial; (

f) the setting or re-adjustment of timetables for steps to be taken in the proceedings; (

g) the determination of readiness for trial of some or all of the proceedings, if more than one; (

h) those other matters as would be discussed and dealt with at a pre-trial conference; (

i) the appropriateness of holding a settlement conference or mediation session; (

j) the manner of conduct of the trial; The Newfoundland and Labrador Gazette 773 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 (

k) the preparation and filing of a certificate of readiness when the matter is ready for trial; and (

l) any other matters pertinent to or affecting the proper conduct of the proceeding.

(2) Rule 18A.06(7) of the rules is repealed and the following substituted:

(7) Where a case management order has been made and the parties have filed a certificate of re adiness, a pre-trial conference need not be held as a condition of the matter being placed on a trial list. 7. Rule 29.09(4) of the rules is repealed and the following sub- stituted:

(4) Rules 30 to 36 and 38 on discovery procedures shall, with any necessary modification, apply to an application. 8. Rule 29.17 of the rules is repealed. 9. Rule 37A of the rules is re pealed and the following substi- tuted: RULE 3 7A COURT ORDERED MEDIATION 37A.01.

In this rule, unless the context otherwise requires, the follow- ing words and phrases shall have the following meanings: Defi nitions (a) "defence" means a statement of defence filed by a defendant under Rule 10 or, in the case of an application, the first affi- davit, memorandum or other document filed by a respondent under Rule 29, and in the case of a matter involving multiple defendants or respondents, it means the first defence or document so filed; (b) "mediation" means a process of discussion between parties or their solicitors if the parties are represented, or both the parties and their solicitors, under the direction of a neutral third party with a view to facilitating communication among the parties to assist them in reaching a mutually acceptable resolution of some or all of the issues in dispute; The Newfoundland and Labrador Gazette 774 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 (c) "mediation co-ordinator" means the person designated by the Registrar to administer the Court ordered mediation process contemplated by this rule; (d) "mediation order" means an order made under rule 37A.03; (e) "mediator" means a person or 2 or more persons appointed under rule 37A.03(4); and (f) "mediators list" means a list of names of mediators approved by the Registrar. 37A.02. The purpose of this rule is to establish a mechanism to provide mandatory mediation under a Court order in individual cases so as to reduce cost and delay in litigation and to facilitate the early and fair resolution of disputes. Purpose 37 A.03.

(1) Following the filing of a defence, the Court may, on the application of a party or on its own motion, order that the parties named in the order participate in mediation in accordance with the provisions of this rule. Co urt ordered mediation

(2) In considering whether to exercise the power conferred by paragraph (1), the Court shall take account of the relevant circum- stances including (

a) the number of parties, th e state of the pleadings and the complexity of the issues in the proceeding; (

b) the nature of the legal issues raised in the proceeding; (

c) the stage of the proceeding at the time mediation is contem- plated; (

d) whether a party is represented by a solicitor; (

e) the financial resources of the parties; and (

f) whether mediation, under this rule or otherwise, has been held on a previous occasion.

(3) Unless otherwise ordered The Newfoundland and Labrador Gazette 775 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 (

a) a mediation ordered under this rule shall commence within 24 days of the date of the mediation order; and (

b) a party shall not be required to participate in mediation un- der a mediation order for a period longer than 4 hours in to- tal.

(4) A mediation under this rule shall be conducted by (

a) a person appointed by the judge making the mediation order; (

b) a mediator appointed by agreement of the parties from the mediators list, within 10 days of the date of the mediation order; (

c) a person who is not on the mediators list, if the parties con- sent and if that person is appointed within 10 days of the date of the mediation order; (

d) a mediator assigned by the mediation co-ordinator from the mediators list in default of notification under clause (

b) or (c); or (e) 2 or more persons appointed as co-mediators by the judge making the mediation order.

(5) A mediation order may contain the following provisions: (

a) the name of the mediator or an order to select a mediator under paragraph (4); (

b) the time within which the mediation shall commence; (

c) the maximum length of the me diation, subject to agreement by the parties to extend the length of the mediation; (

d) the responsibility for payment of costs of the mediation in- cluding fees and expenses of the mediator and the manner and timing of payment of those costs; (

e) a dispensation for a party from attendance at a mediation session; The Newfoundland and Labrador Gazette 776 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 (

f) a requirement that some other person attend the mediation in place of or in addition to a party; and (

g) those other terms and conditions as, in the opinion of the judge, may be desirable to facilitate the mediation.

(6) Unless otherwise ordered, where a mediation order is made, all further proceedings are stayed un til the mediator’s report is filed under rule 37A.06, and any time limited for the doing of

an act or the filing of a document under the Rules shall be suspended for the period of the stay. 37A.04.

(1) Following the appointment of a mediator, the parties shall expeditiously contact the mediator to set a time for the mediation. Procedure at media- tion sessions

(2) Unless the parties and the me diator agree otherwise, at least 7 days before the first scheduled mediation session, each party shall provide to the mediator and each other party a brief statement of factual and legal issues in dispute, a

summary of that party’s position and cop- ies of all documents relevant to the proceeding. The plaintiff or appli- cant shall provide the mediator with a copy of the relevant pleadings.

(3) If it is not practical to conduct a mediation session because a party fails to comply with paragraph (2), the mediator may cancel the session and immediately file with th e mediation co-ordinator a certifi- cate of non-compliance.

(4) The parties, and their solicitors if the parties are represented, shall attend the mediation session unless otherwise ordered.

(5) Unless otherwise ordered, if an insurer may be liable to sat- isfy all or a part of a judgment in the proceeding or to indemnify or reimburse a party for money paid in satisfaction of all or a part of a judgment in the proceedin g, a representative of the insurer and its so- licitor shall attend the mediation session.

(6) The parties, or in the absence of a party the persons repre- senting the party in attendance at a mediation session, shall have au- thority to settle the dispute.

(7) The procedure and methodology to be followed at a media- tion session may vary according to the particular style and approach of the mediator who shall, after consultation with the parties, adopt an The Newfoundland and Labrador Gazette 777 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 ap proach which in his or her opinion is best calculated to facilitate the purposes of the mediation and otherwise complies with the require- ments of this rule. 37A.05.

(1) If it is not practical to conduct a scheduled mediation ses- sion because a party fails to attend within 30 minutes of the time scheduled for the commencement of the session, unless the parties in attendance agree otherwise, the medi ator shall cancel the session and immediately file with the mediati on co-ordinator a certificate of non- compliance. Failure to attend and other non- compliance

(2) Where a mediator files a ce rtificate of non-compliance or where a party fails to comply with a requirement of this rule, another party may apply for, or the Court on its own motion may make, an order that is considered just, including an order (

a) establishing a timetable for the proceeding; (

b) requiring a further mediation session at the expense of the defaulting party; (

c) requiring a person to attend a rescheduled mediation session; (

d) staying further proceedings in Court until a mediation ses- sion has been conducted in compliance with this rule; (

e) striking out a document filed by a party; and (

f) as to costs or setting the ma tter for a hearin g in Court with respect to costs. 37A.06.

(1) Unless otherwise ordered, within 10 days after a mediation is concluded, the mediator shall Res ults of media- tion (

a) file with the mediation co-ordinator and deliver to each of the parties participating in the mediation a report indicating on which issues agreement has been reached; and (

b) if all parties request, provide to the parties a report (

i) identifying the remaining points of difference, if any, and The Newfoundland and Labrador Gazette 778 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 (ii) containing recommendations that the mediator considers appropriate to make as to how the remaining issues might be resolved.

(2) The mediator’s report filed u nder clause (1)(

a) shall, unless it reports that the matter has been resolved, be sealed by the mediation co-ordinator and be kept separate from the Court file containing the pleadings and shall not be disclosed to the trial judge.

(3) All communications during a mediation session (

a) shall constitute without prejudice settlement discussions; (

b) shall be privileged from disclosure; and (

c) shall not be admissible as evidence in a proceeding.

(4) Communications under paragraph (3) include, but are not limited to, the following: (

a) the mediator’s recollections of a mediation session; (

b) the mediator’s notes and records relating to a mediation session; and (

c) anything said or written down during a mediation session.

(5) A mediator shall not be a compellable witness regarding any aspect of a mediation session relating to the issues being mediated or the results including discussions relating to those issues.

(6) A mediator appointed under these rules may stipulate that he or she is not liable for loss or damage suffered by a person by reason of an action or omission of the mediator in the discharge of his or her duties under these rules.

(7) If there is an agreement resolving all or any of the issues in dispute, it shall be in writing and sign ed by all parties participating in the agreement or their solicitors.

(8) Notwithstanding paragraphs (3) and (4), an agreement under paragraph (7) shall be admissible in evidence for the purpose of enforc- ing that agreement. The Newfoundland and Labrador Gazette 779 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10

(9) If an agreement under paragraph (7) settles the action, the Plaintiff shall file a Memorandum of Settlement under rule 39.09 (

a) in the case of an unconditional agreement, within 10 days after the agreement is signed, and (

b) in the case of a conditional ag reement, within 10 days after the condition is satisfied.

(10) If following mediation the proceeding remains unresolved in whole or in part, a party may proceed with the conduc t of the proceed- ing, or that portion of the proceedi ng that remains unresolved, in the normal course.

(11) Where a party to a signed agreement fails to comply with its terms, another party to the agreement may apply to the Court for (

a) judgment in the terms of the agreement, and the Court may grant judgment accordingly or with those modifications as subsequent circumstances may re quire to ensure that the ap- plying party receives that to which the applying party is sub- stantially entitled under the agreement; or (

b) leave to continue the proc eeding as if there had been no agreement. 37A.07. Unless otherwise ordered or the parties otherwise agree, the mediator’s fees and expenses shall be borne equally by the parties to the mediation. Costs of mediation 37 A.08.

(1) A mediator on the mediators list shall file with the Regis- trar the mediator’s

schedule of fees. M ediators fees

(2) A mediator under this rule, (

a) who is on the mediators list shall not charge fees for his or her services in excess of those filed with the Registrar, or (

b) who is not on the mediators list shall not charge fees and expenses in excess of a

schedule of fees negotiated in ad- vance with the parties and reduced to writing. The Newfoundland and Labrador Gazette 780 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 37 A.09.

(1) On notice to the mediator, the Registrar may remove from the mediators list the name of a mediator who does not comply with this rule or an order made under this rule. Mediators list

(2) The Registrar may remove from the mediators list a media- tor whose fees the Registrar may consider unreasonable. 37A.10. This Rule shall not apply to family law proceedings. E xemption 10. Rule 39 of the rules is repealed and the following substi- tuted: RULE 39 CONFERENCES GENERALLY 39.01. Unless otherwise specified or orde red, this rule applies to pre- trial conferences and settlement conferences. Ap plication of this rule 39 .02.

(1) The Registrar shall maintain a Pre-Trial List and a Settle- ment Conference List setting forth, in chronological order, each pro- ceeding that has been placed on thos e Lists under these rules or an order. Sett ing down conferences

(2) The Registrar shall publish a list, not later than the first day of each month, setting the dates and times when pre-trial and settlement conferences are scheduled for cases during the next calendar month.

(3) Within 15 days of receipt of notice of the date and time for a conference, (

a) the parties may in writing jointly request 3 alternate confer- ence dates or times and the Registrar shall (

i) assign one of the alternate dates or times; or (ii) move the proceeding to the bottom of the list, and notify the parties accordingly; and (

b) a party may apply to a judge to postpone a scheduled confer- ence and to fix another date. The Newfoundland and Labrador Gazette 781 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 39 .03. Notwithstanding any other rule, a judge in a proceeding may, on his or her own initiative or at the request of a party, order the parties to attend a pre-trial conference or a settlement conference. General powers 39 .04. Unless otherwise ordered, counsel who attend a conference shall be counsel who are otherwise fully authorized, briefed and prepared to discuss, deal with and, where appropriate, give binding undertakings with respect to all matters properly arising during the conference. Atte ndance 39 .05.

Nothing in these rules prevents a judge during a conference, if he or she considers it to be in the interests of justice, from Confere nce proce- dures (

a) speaking directly to the parties; (

b) inviting a party, in the presen ce of counsel for that party, if any, to speak during the conference; and (

c) meeting with one or more parties or counsel for those parties or both in the absence of one or more of the other parties to the proceeding. 39.06.

(1) Discussions at a conference are without prejudice and shall not be referred to a subsequent application, or at the trial except as disclosed in an order. Disc ussions are without prejudice

(2) Except as provided in rule 39A.05, the judge conducting a conference shall not disclose to th e trial judge or to another person what positions were taken or what admissions, concessions or opinions were made or given during the conference, and shall not include refer- ence to those matters in a written report of the conference subsequently prepared by him or her. 39.07. A judge may, if requested by one or more of the parties, direct that a conference be held wholly or partly by telephone, teleconference or video conference. Rem ote conferenc- ing 39 .08.

(1) If there is an agreement duri ng a conference resolving all or any of the issues in dispute, it shall be either Agreem ent on issues (

a) in writing and signed by all parties participating in the agreement or their solicitors; The Newfoundland and Labrador Gazette 782 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 (

b) read into the record in th e presence of the judge presiding over the conference; or (

c) with leave of th e judge presiding over the conference, the subject of a consent order to be filed at a later date.

(2) Notwithstanding rule 39B.04, an agreement resolving any or all of the issues between the par ties which is reduced to writing and signed by or on behalf of the parties shall be admissible in evidence for the purpose of enforcing that agreement. 39.09. When a proceeding is settled, the plaintiff or applicant shall file within 10 days of settlement Settlement (

a) a Memorandum of Settlement containing a statement that the matter has been settled; or (

b) a notice of discontinuance. 39.10. Where counsel or a party fails to file documents required for a conference before the deadline for filing set out in the Rules, the judge at the conference may make an order as to costs that is considered just or, in appropriate circumstances, se t the matter for a hearing in Court with respect to costs. Co nsequences of failing to file documents 39 .11.

Where counsel or a party who is required to attend fails to at- tend a conference or where counsel is not prepared or authorized to proceed in accordance with rule 39.04, the judge may make an order that is considered just, including an order Co nsequences of failure to attend conference or lack of preparedness (

a) establishing a timetable for the proceeding; (

b) setting the date for a further conference; (

c) either (

i) moving the matter down on the Pre-Trial List or Settle- ment Conference List, or (ii) removing the matter from the Pre-Trial List or Settle- ment Conference List without prejudice to the parties to file another Certificate of Readiness under rule 40.04; The Newfoundland and Labrador Gazette 783 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 (

d) requiring a person to attend at a conference; (

e) staying further proceedings until a conference has been held; (

f) striking out a document filed by a party; and (

g) as to costs or setting the matter for a hearing in Court with respect to costs. RULE 39A PRE-TRIAL CONFERENCES 39A.01. The participants in a pre-trial conference shall come prepared and authorized to discuss and determine, where applicable, Purpose of pre-trial conferences (

a) simplification of the issues; (

b) the amendment and filing of br iefs for the benefit of the trial judge; (

c) the necessity or desirability of an amendment to a pleading, affidavit or notice; (

d) admissions of fact or of consent documents; (

e) the resolution of the quantum of damages, if any, or any other matter by making it the subject of a reference; (

f) limitations on the number of expert witnesses; (

g) arrangements for expert witnesses to determine, on a without prejudice basis, those matters on which they agree and to identify those matters on which they do not agree; (

h) arrangements and procedures for the conduct of lengthy or complex trials; (

i) the appropriateness of conducting a settlement conference or mini-trial; (

j) the appropriateness of assigning a fixed date for trial; and The Newfoundland and Labrador Gazette 784 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 (

k) other matters that may aid in the disposition of the proceed- ing. 39A.02. Matters shall be placed on the Pre-Trial List How to get a matter on the Pre-Trial List (

a) under rules 40.04 or 40.05; or (

b) by order of a judge either following a settlement conference or otherwise. 39A.03.

(1) At least 5 days before the da te of the pre-trial conference, each party shall file for delivery to the pre-trial conference judge a brief containing a

summary of the facts, issues and law and shall deliver on the same date a copy to each other party. D ocuments to be filed before pre-trial conferences

(2) Notwithstanding rule 46.07, at least 4 days before the sched- uled date of a pre-trial conference, the parties shall exchange copies of all expert opinions and reports in their possession or under their control and upon which they intend to rely at trial and shall produce those opin- ions and reports to the judge at the conference. 39A.04. At or following a pre-trial conference the judge shall Di sposition of pre- trial conference (

a) order that the parties attend a settlement conference or mini- trial; (

b) order a

summary trial or expedited trial; (

c) order that the proceeding be removed from the Pre-Trial List where the judge determines that the case is not ready for trial, without prejudice to the parties to file a new Certificate of Readiness under rule 40.04; or (

d) unless a settlement conference, mini-trial,

summary trial or expedited trial has been ordered, order that the proceeding be set down for trial in accordance with rule 40.06, and in any event, may make an orde r reciting the results of the confer- ence and giving those directions as the judge considers advisable how- ever, the order may be modified by subsequent order or at trial. The Newfoundland and Labrador Gazette 785 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 39 A.05. Notwithstanding rule 39.06(2), a pre-trial conference judge shall provide a report to the tria l judge summarizing the anticipated issues in the trial and relevant agreements between the parties. Report of the pre- trial conference 39 A.06. A judge who presides at a pre- trial conference shall not, ex- cept with the consent of the parties, preside at the trial. Pre-tr ial conference judge shall not preside at trial RULE 39 B SETTLEMENT CONFERENCES 39B.01.

(1) The purpose of a settlement conference is to allow the parties to attend before a judge who shall, in private and without hear- ing witnesses, explore all possibilities of settlement of the issues that are outstanding. Pu rpose of settle- ment conferences

(2) The parties, or in the abse nce of a party, the persons repre- senting the party in attendance at a settlement conference, shall have authority to settle the dispute. 39B.02.

(1) Matters shall be placed on the Settlement Conference List H ow to get a matter on the Settlement Conference List (

a) by order of a judge either fo llowing a pre-trial conference or otherwise; or (

b) subject to paragraph (2), on request of the parties after the pleadings have closed where the parties agree that it is likely the matter will be resolved with the assistance of a judge.

(2) Requests under clause (1)(

b) shall be made by filing a Re- quest for Settlement Conference in Form 39B.02A signed by all parties or their counsel.

(3) Where the judge at a settlement conference determines that it was not appropriate for the parties to have requested a settlement con- ference under clause (1)(b), the judg e may make an order as to costs that is considered just or, in appr opriate circumstances, set the matter for a hearing in Court with respect to costs. 39B.03.

(1) Each party shall, at least 10 days before the date of a set- tlement conference, file a brief cont aining a

summary of the facts, is- sues and law and shall deliver on the same date a copy to each other party. D ocuments to be filed before settle- ment conferences The Newfoundland and Labrador Gazette 786 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10

(2) Unless the parties consent or the Court otherwise orders, materials delivered to a judge under paragraph (1) shall not be placed in the Court file and shall not be disclosed to the trial judge.

(3) Upon completion of a settlement conference, the judge shall return to the parties or their counsel the materials delivered for the pur- pose of the conference. 39B.04.

(1) All communications during a settlement conference Communications during a settlement conference (

a) shall constitute without prejudice settlement discussions; (

b) shall be privileged from disclosure; and (

c) shall not be admissible as evidence in a proceeding.

(2) Communications under paragraph (1) include, but are not limited to, (

a) the judge’s recollections of the settlement conference; (

b) the judge’s notes and records relating to the settlement con- ference; and (

c) anything said or written down during the settlement confer- ence.

(3) No reference to the positions taken or admissions or conces- sions made by the parties, or to the opinion of the judge, at a settlement conference or other settlement-related proceeding, shall be contained in a brief or other document filed in a proceeding and shall not be referred to or commented on at the trial of that proceeding. 39B.05.

(1) If the parties settle the proceeding during a settlement con- ference, a Memorandum of Settlement or notice of discontinuance shall be filed in accordance with rule 39.09. Di sposition of settlement confer- ence

(2) If the parties do not settle the proceeding during a settlement conference, the judge may (

a) convert the settlement confer ence to a pre-trial conference; The Newfoundland and Labrador Gazette 787 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 (

b) order a pre-trial conference and provide directions on the filing of a trial record and Certificate of Readiness, if neces- sary; (

c) order a mini-trial; (

d) order a

summary trial or expedited trial; or (

e) make another order as is considered just.

(3) A pre-trial conference conv erted from a settlement confer- ence shall be governed, with any necessary modifications, by Rules 39 and 39A and the judge shall make an order with respect to the filing of the trial record and Certificate of Readiness. 39B.06. A judge who presides at a settlement conference shall not preside at the trial. Settlement confer- ence judge shall not preside at trial RULE 3 9C MINI-TRIALS 39C.01.

The purpose of a mini-trial is to allow the parties to attend before a judge who shall, in private and without receiving sworn or affirmed evidence, give a non-binding opinion on the probable outcome of a trial of the proceeding. Pur pose of mini- trials 39 C.02. Notwithstanding any other rule, a judge in a proceeding may, on his or her own initiative or at the request of a party, order a mini- trial. Gen eral power 39 C.03.

(1) Unless the parties consent or a judge otherwise orders, materials delivered to a judge to be used during a mini-trial shall not be placed in the Court file and shall not be disclosed to the trial judge. Mater ials used during mini-trial

(2) Upon completion of a mini-trial, the judge shall return to the parties or their counsel the materials delivered for the purpose of the mini-trial. 39C.04.

(1) The judge conducting a mini-trial shall not disclose to the trial judge or to another person what positions were taken or what ad- missions, concessions or opinions were made or given during the mini- trial, and shall not include reference to those matters in a report subse- quently filed as to the holding of the mini-trial. Co mmunications at mini-trial The Newfoundland and Labrador Gazette 788 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10

(2) Unless otherwise ordered, no reference to the positions taken or admissions or concessions made by the parties, or to the opinion of the judge, at a mini-trial shall be contained in a brief or other document filed in a proceeding and shall not be referred to or commented on at the trial of that proceeding. A judge may provide an opinion in writing following a mini-trial but it shall not form part of the record of the pro- ceeding or be placed in the Court file. 39C.05. A judge who has heard a mini-trial shall not preside at the trial. Mini-trial judge shall not preside at the trial 11.

Rule 40 of the rules is repealed and the following substi- tuted: RULE 40 PLACE AND MODE OF TRIAL AND SETTING DOWN 40.01. In this rule, "proceeding" mean s a proceeding commenced by a statement of claim. A pplication and

interpretation 40 .02. Unless otherwise ordered, a trial shall take place at the judicial centre where the proceeding is commenced. Place of trial 40 .03.

(1) If a trial is anticipated to take 5 days or fewer, a party may make an application for a trial date within 90 days after the close of pleadings. Sett ing down for trial - trials of 5 days or fewer

(2) An application under this rule shall be accompanied by an affidavit setting out (

a) an outline of the issues to be determined at trial; (

b) the names of all witnesses anticipated to be called by the applicant at the trial with a brief

summary of their antici- pated evidence and, where kn own, the corresponding infor- mation for the opposing party; (

c) the number of documents expected to be introduced by the applicant at trial and, where known, the corresponding in- formation for the opposing party; and (

d) the applicant’s estimate of the length of trial. The Newfoundland and Labrador Gazette 789 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10

(3) An opposing party may file an affidavit in response setting out matters considered relevant to the application.

(4) If the application under paragr aph (1) is granted, the judge at the hearing shall (

a) if necessary, establish a sche dule for the filing and exchange of trial documents; (

b) if necessary, establish a sche dule for the filing and exchange of witness lists and will-say statements; (

c) determine whether examinati ons for discovery are necessary and if so, establish a

schedule for all examinations; (

d) determine whether a pre-tria l conference is necessary and if so, set a date; (

e) make any other order necessary to facilitate appropriate preparation for trial; and (

f) with the assistance of the Registrar, set a date for the trial. 40.04.

(1) If a trial date has not been set under rule 40.03 and the pro- ceeding is ready for trial, the

partie s may jointly initiate the procedures for setting the case down for trial by Setting down for trial - General (

a) filing in the Registry a trial record containing a copy of (

i) the pleadings, particulars and admissions, and (ii) orders relating to the conduct of the trial; and (

b) filing a Certificate of Readiness in Form 40.04A signed by all parties or their counsel.

(2) The trial record shall be filed in the Registry at the same time as the Certificate of Readiness.

(3) Unless the parties agree othe rwise, the Plaintiff shall be responsible for filing the trial record and the Certificate of Readiness. The Newfoundland and Labrador Gazette 790 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10

(4) Within 7 days of a Certifi cate of Readiness being filed, the Registrar shall examine it and, (

a) place the proceeding on the Pre-Trial List if it has been properly completed and signed; or (

b) reject it and so notify all parties or their counsel if it has not been properly completed and signed.

(5) A Certificate of Readiness th at has been rejected by the Reg- istrar may be amended and resubmitted, whereupon paragraph (4) shall apply to the Certificate as resubmitted. 40.05.

(1) Where a party to a proceeding Application where no Certificate of Readiness (

a) refuses, or fails within 10 days of a request by another party, to complete or sign a Certificate of Readiness; or (

b) disagrees with the rejection by the Registrar of a Certificate of Readiness under rule 40.04(4)(

b) a party may apply for an order that the proceeding be placed on the Pre- Trial List.

(2) An application under this rule shall set out (

a) the form of Certificate of Readiness that the applicant is prepared to sign; (

b) the circumstances known to the applicant which led to the failure or refusal to complete or sign by another party, or which led to the rejection of the certificate by the Registrar; (

c) the known points of difference, if any, between the parties as to the state of readiness for trial; and (

d) a statement that the applicant nevertheless believes that ei- ther (

i) the case is ready for trial, or (ii) the other party has disentitled himself or herself to fur- ther delay because of inaction or other cause. The Newfoundland and Labrador Gazette 791 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10

(3) The Court shall (

a) place the case on the Pre-Trial List if (

i) the parties are in f act ready for trial, or (ii) notwithstanding that one party may not be ready, the interest of the ready party in having an early trial out- weighs the interest of that other party to further delay, in which case the Court may give directions prescribing or limiting the further procedures which that other party may conduct; or (

b) dismiss the application and give further directions and make further orders respecting trial preparation as may be appro- priate; and (

c) may award costs (

i) against an unready party, if the case is placed on the Pre-Trial List, (ii) against the applicant if the application is dismissed, or (iii) against a party who failed or refused to sign the Certifi- cate of Readiness, if the Co urt determines that the fail- ure or refusal was not justified. 40.06.

(1) Unless otherwise ordered, no trial date shall be given until a pre-trial conference has been held. Setting down for trial

(2) If at a pre-trial conference a judge considers that the case is ready for trial, and no settlement conference, mini-trial, expedited or

summary trial has been ordered, he or she shall immediately (

a) set a fixed date for the trial or order that the proceeding be placed on the Fixed Date List, if (

i) the proceeding is to be tried with a jury, or (ii) there are other reasons th at merit fixing a specific date; and The Newfoundland and Labrador Gazette 792 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 (

b) in all other cases, order that the proceeding be placed on the General List.

(3) The Registrar shall place the case on the General List with- out prejudice to the right of a party to apply for a fixed date if (

a) a pre-trial confer ence has been held; (b) 30 days has passed, or a longer time as all parties may agree in writing filed in the Registry, since a settlement conference or mini-trial; and (

c) the parties have not filed a Memorandum of Settlement or notice of discontinuance under rule 39.09. 40.07. Where a Memorandum of Settlement is filed under rule 39.09 Settlement (

a) if no consent order is required as part of the settlement, the Registrar shall immediately remove the case from the trial list and the proceeding shall be considered to be discontin- ued in accordance with the terms of the Memorandum of Settlement; or (

b) if a consent order is required as part of the settlement, the form of that order shall be filed with the Registrar for deliv- ery to the judge who conducted the pre-trial conference, set- tlement conference or mini-trial, if any, or to a judge in any other case, and, if approved, rule 40.07(

a) shall apply. 40.08.

(1) When a proceeding has been placed on the General List or the Fixed Date List or a date for trial has been fixed Co nsequences of setting down (

a) all parties shall be considered to be ready for trial; (

b) except with leave of the Court, no party shall initiate or con- tinue an application that is based on facts or events which were known before the date of filing of the Certificate of Readiness; (

c) except with leave of the Court, no party shall initiate or con- tinue any form of discovery; and The Newfoundland and Labrador Gazette 793 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 (

d) the trial shall proceed when the case is reached on the Gen- eral List, Fixed Date List or the fixed date arrives, unless otherwise ordered.

(2) Where a trial does not pr oceed when the proceeding is reached on the General List, Fixed Da te List or the fixed date arrives and no order is made under clause (1)(d), the Registrar shall, unless otherwise ordered, strike the proceeding off the appropriate list.

(3) Where a proceeding is struck off a trial list under paragraph (2), it shall not be placed on a trial list afterwards except on application.

(4) This rule does not (

a) relieve a party from complying with undertakings given on an examination for discovery; (

b) relieve a party from an obligation imposed by rules 30.10, 32.09, 33.02, 34.04 and 46.07; or (

c) preclude a party from resorting to rules 20, 22.02(1), 33 and 40.14. 40.09.

(1) The Registrar shall publish a list not later than the first day of each month, setting forth the proceedings which are expected to come on for hearing or trial during the next calendar month and that list shall state a time on or after which the trial or hearing shall take place. Publication of General List

(2) The Registrar shall publish a list not later than noon each day setting forth the list of proceedings which are to come on for trial or hearing during the next sitting day of the Court and shall immedi- ately notify the parties.

(3) The Registrar shall deliver to the Central Registry a copy of the docket comprising the General List, Fixed Date List and Monthly List not later than the twentieth day of each month. 40.10. Each party shall, on or before the fourth day preceding the trial, file in the Registry and provide to each other party either Brief f or trial judge (

a) confirmation that the party will rely on the pre-trial brief prepared under rule 39A.03(1) with no changes; or The Newfoundland and Labrador Gazette 794 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 (

b) an amended brief containing a

summary of the facts, issues and law relevant to the proceeding. 40.11. Where a plaintiff does not appl y to set a proceeding down for trial, the defendant may apply to se t it down for trial or apply to the Court to dismiss the proceeding for want of prosecution, and the Court may order the proceeding to be dismissed or make an order that is just. Dismissal for want of prosecution 40 .12. A party shall immediately furnish the Registrar with information that may affect the estimated duratio n of a trial or changes in contem- plated procedure or circumstances that may result in delay of the trial.

N otification of change in status 40 .13. Where claims in respect of 2 or more causes of action are in- cluded in the same proceeding, or where 2 or more plaintiffs or defen- dants are parties to the same pro ceeding, and it appears to the Court that the joinder of the causes of action or parties may embarrass or delay the trial or is otherwise inconvenient, the Court may order sepa- rate trials or make an order that is just. Order f or separate trials, etc. 40 .14. Notwithstanding any other rule, the Court may Gen eral powers (

a) assign an early trial date; (

b) assign a fixed date for trial; (

c) order that a proceeding be placed on the Fixed Date List; (

d) order that a proceeding be placed on the General List; and (

e) order that the position of a proceeding on the Fixed Date List or General List be advanced or otherwise changed. 40.15.

(1) Dates for a proceeding, including trials, settlement confer- ences, pre-trial conferences and media tions, that were set before these rules coming into force shall procee d as scheduled, unless otherwise ordered. T ransition

(2) The Pre-Trial List, the Settlement Conference List, the Fixed Date List and the General List which existed before the date these rules come into force shall continue to be the lists of the Court. The Newfoundland and Labrador Gazette 795 December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 The Newfoundland and Labrador Gazette 796

(3) Trial records and Certificates of Readiness that were filed before the date these rules come into force are not required to be re- filed as a result of changes to these rules. 12. Rule 49.08 of the rules is repealed and the following substi- tuted: 49 .08. A party may apply for a default order under Rule 16, and for a

summary order before trial under Rule 17 and rule 40.11. D efault and sum- mary judgments 13. Rule 56C.05 of the rules is repealed and the following substi- tuted: 56 C.05. The Family Justice Services Divi sion or the process set out in this part shall not apply to the following claims for relief: N on-Application of Family Justice Services Division involvement (

a) the claim relates only to the granting of a divorce; (

b) a claim for a division of matrimonial property; and (

c) a claim for recognition of a constructive or resulting trust, or both; but Rules 37A, 39.09, 39B and 39C may apply, as, in the opinion of a judge the circumstances may warrant. 14. The rules are amended by Form s Amdt. (

a) adding Form 39B.02 as outlined below; (

c) adding Form 40.04A as outlined below; and (

b) repealing Form 40.05A. 15. These rules come into force on January 11, 2011. Com mencement December 17, 2010

Rules of the Supreme Court, 1986 (Amendment) 111/10 The Newfoundland and Labrador Gazette 797 December 17, 2010 Form 39B.02A (rule 39B.02) Court File No. ______________ In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) (Title of proceeding) Request for Settlement Conference To the Court 1. The parties confirm that it is likely that this proceeding will be resolved with the assistance of a judge. 2. The parties confirm that the pleadings are closed in this proceeding. 3. The parties request that this proceeding be placed on the Settlement Conference List. 4.

The parties estimate that the Settlement Conference will take _______ hours. Dated at _______________, Newfoundland and Labrador, this _______________ day of _______________, _______. _____________________________ Plaintiff/Counsel for the Plaintiff Dated at _______________, Newfoundland and Labrador, this _______________ day of _______________, _______. _________________________ ____

Rules of the Supreme Court, 1986 (Amendment) 111/10 The Newfoundland and Labrador Gazette 798 December 17, 2010 Defendant/Counsel for the Defendant Form 40.04A (rule 40.04) Court File No. ______________ In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) (Title of proceeding) Certificate of Readiness 1.

The parties hereby jointly certify that, as of this date, this proceeding is ready for trial and that - pleadings have closed - no amendments to pleadings are contemplated - all relevant parties are before the court - all examinations for discovery have been completed, or are hereby waived - all interrogatories have been delivered and answered, or are hereby waived - lists of documents have been exchanged in accordance with the rules - all appropriate pre-trial applications have been taken 2.

Current estimates of the number of witnesses to be called are as follows: By the First Plaintiff: __________ Second Plaintiff: __________ ______________ Plaintiff: __________ By the First Defendant: __________

Rules of the Supreme Court, 1986 (Amendment) 111/10 The Newfoundland and Labrador Gazette 799 December 17, 2010 Second Defendant: __________ ______________ Defendant: __________ 3. (

a) Current estimates of the total number of documents to be presented at trial are as follows: By the First Plaintiff: __________ Second Plaintiff: __________ ______________ Plaintiff: __________ By the First Defendant: __________ Second Defendant: __________ ______________ Defendant: __________ (

b) A joint Book of Documents will/will not [delete one] be entered in evidence by consent. (

c) It is anticipated that (check as required):  audio recordings may be entered/played in evidence  video recordings may be entered/played in evidence  a view of __________ may be required  a ______________________ language interpreter may be required for the evidence of ____________________ and the party or parties proposing same hereby unde rtake to make all necessary arrangements to facilitate such activities at trial. 4.

Current estimates of the number and area of exper tise of expert witnesses to be called to give evidence are as follows: Number Area of Expertise By the First Plaintiff: ______ ____________________________________ Second Plaintiff: ______ ____________________________________ ___________ Plaintiff: ______ ____________________________________ By the First Defendant: ______ ____________________________________ Second Defendant: ______ ____________________________________

Rules of the Supreme Court, 1986 (Amendment) 111/10 The Newfoundland and Labrador Gazette 800 December 17, 2010 ___________ Defendant: ______ ____________________________________ 5.  It has been agreed that not more than _____ sitting days is a reasonable time for the hearing of all evidence and argument in this proceeding OR  The parties are not in agreement as to their estimate of a reasonable time for the hearing of all evidence and argument in this proceed ing.

The estimates of each party of the time involved in presentation of that party's case are as follows: By the First Plaintiff: _______ days Second Plaintiff: _______ days ___________ Plaintiff: _______ days First Defendant: _______ days Second Defendant: _______ days ___________ Defendant: _______ days 6. The parties do/do not [delete one] request a settle ment conference in which case they estimate _____ hours for its completion. 7. The parties do/do not [delete one] request a mini trial in which case, they estimate _____ hours for its completion. 8.

The trial record has been filed pursuant to rule 40.04(1)(c). 9. [Check if applicable]  Pursuant to the Jury Act we hereby jointly request that this proceeding be tried by a judge with a jury OR  This proceeding involves an action of defamation, malicious prosecution, false imprisonment, seduction or breach of promise of marriage and the __________________ hereby requests, pursuant to subsections 32(1) and (2) of the Jury Act, that the issues of fact be tried by a judge with a jury OR  The __________________ hereby requests, pursuant to

section 32(3) of the Jury Act, that this proceeding be tried by a judge with a jury, for the reasons that:

Rules of the Supreme Court, 1986 (Amendment) 111/10 The Newfoundland and Labrador Gazette 801 December 17, 2010 10.

The parties hereby request, or if a settlement conference or mini-trial is requested, anticipate they will ultimately request:  the earliest available position on the General List; OR  a position that will result in trial not before _____________________, on the General List; OR  a fixed date, for the reasons that: __________________________________________ _______________________________________________________________________ _______________________________________________________________________ OR  an early fixed trial date, for the reasons that: ________________________________ _______________________________________________________________________ _______________________________________________________________________ OR  The parties cannot agree on the manner and times of setting down of this proceeding for trial.

The position of the First Plaintiff, and the reasons therefore, are: ______________ ____________________________________________________________________ ________________________________________________________________ The position of the Second Plaintiff, and the reasons therefore, are: ___________ ____________________________________________________________________ ________________________________________________________________ The position of the __________ Plaintiff, and the reasons therefore, are: _______ ____________________________________________________________________ ________________________________________________________________ The position of the First Defendant, and the reasons therefore, are: ___________ ____________________________________________________________________ ________________________________________________________________ The position of the Second Defendant, and the reasons therefore, are: _________

Rules of the Supreme Court, 1986 (Amendment) 111/10 The Newfoundland and Labrador Gazette 802 December 17, 2010 ____________________________________________________________________ ________________________________________________________________ The position of the __________ Defendant, and the reasons therefore, are: _____ ____________________________________________________________________ ________________________________________________________________ 11.

If the proceeding is settled before trial we will give the Registrar prompt notice of the settlement by filing a Memorandum of Settlement or Notice of Discontinuance pursuant to rule 39.09. 12. We undertake to give promptly to the Registrar notice in writing of any information that may affect the estimated duration of trial or any changes in contemplated procedure or any circumstance that may result in delay of trial. 13.

The counsel who shall have carriage of the proceeding at trial and/or who are authorized and will be fully briefed to attend and participate in any pre-trial or other conference are: For the First Plaintiff: 1. _______________________________ 2. _______________________________ Second Plaintiff: 1. _______________________________ 2. _______________________________ ______________ Plaintiff: 1. _______________________________ 2. _______________________________ For the First Defendant: 1. _______________________________ 2. _______________________________ Second Defendant: 1. _______________________________ 2. _______________________________ ______________ Defendant: 1. _______________________________ 2. _______________________________ DATED at ___________, this _______ day of _______, _____. ____________________________ Solicitor for First Plaintiff ____________________________ Solicitor for Second Plaintiff

Rules of the Supreme Court, 1986 (Amendment) 111/10 The Newfoundland and Labrador Gazette 803 December 17, 2010 ____________________________ Solicitor for ______________ Plaintiff ____________________________ Solicitor for First Defendant ____________________________ Solicitor for Second Defendant ____________________________ Solicitor for ______________ Defendant 14.  The parties jointly estimate that _____ hours is a reasonable time for the conduct of the pre-trial conference in this proceeding. OR  The parties cannot agree as to an estimate of a reasonable time for the conduct of the pre- trial conference.

The longest estimate of any party is _____ hours. 15. ______________________ practices outside of the judici al centre in which the pre-trial conference will likely be held and therefore reque sts permission to participate in any pre-trial conference by telephone/teleconference and hereby agrees to be responsible for the actual costs of such telephone call or teleconference. ©Earl G. Tucker, Queen's Printer

NEWFOUNDLAND AND LABRADOR REGULATION 112/10 Judgment Interest Order, 2011 under the Judgment Interest Act (Filed December 14, 2010) Under the authority of

section 6 of the Judgment Interest Act, I make the following Order. Dated at St. John’s, December 13, 2010. Felix Collins Minister of Justice and Attorney General ORDER Analysis 1.

Short title 2. Interest rate 1. This order may be cited as the Judgment Interest Order, 2011.

Short title 2. Effective January 1, 2011, the pre-judgment and post-judgment interest rate shall be 2%. Intere st rate ©Earl G. Tuc ker, Queen's Printer The Newfoundland and Labrador Gazette 805 December 17, 2010

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 807 Index

PART I Canada-Newfoundland Atlantic Accord Implementation Act and Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act – Notice ................... 445 Corporations Act – Notice ...................................................................................................... ...................................................... 448 Criminal Code of Canada – Notice ............................................................................................... ................................................ 446 Lands Act – Notice ............................................................................................................ .......................................................... 457 Mental Health Care and Treatment Act – Notice.................................................................................. ........................................ 454 Mineral Act – Notice .......................................................................................................... ......................................................... 454 Trustee Act – Notice ....................................................................................................................... ............................................. 461 Quieting of Titles Act – Notice................................................................................................ ..................................................... 458 Urban and Rural Planning Act – Notices ........................................................................................ ............................................. 457

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Judgement Interest Act Judgement Interest Order 2011 NLR 112/10 New Dec 17/10 p. 805 (2% as of January 1, 2011) Judicature Act Rules of the Supreme NLR 111/10 Ru le 7A.09 R&S Dec 17/10 p. 769 Court, 1986 (Amdt.) Rule 8.05 R&S Rule 17A.09 Amdt. Rule 18.02 R&S Rule 18A.03 Amdt. Rule 18A.06 Amdt. Rule 29.09 Amdt Rule 29.17 Rep Rule 37A R&S Rule 39 R&S Rule 40 R&S Rule 49.08 R&S Rule 56C.05 R&S Forms Amdt.

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 17, 2010 808 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen’s Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Copy may be mailed to the address below, faxed to (709) 729-1900 or emailed to queensprinter@gov.nl.ca.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2010-12-17
Type	gazette
Volume / chapter	printer gazette weekly issues 2010 2010 12 17
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	a6c427e26b2aa8adf75d4e8416eb3b7b15de3474

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