159 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 89 ST. JOHN’S, THURSDAY, APRIL 17, 2014 No. 16 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 licenses have reverted to the Crown: Mineral License 020921M Held by Kelloway, Keith Situate near Burin, Burin Peninsula On map sheet 01M/03 Mineral License 019690M Held by Spruce Ridge Resources Ltd Situate near Taylor Brook, White Bay On map sheet 12H/10, 12H/11 Mineral License 020955M Held by Gordon, Troy Situate near Hinds Lake, Central NL On map sheet 12H/03 Mineral License 019351M Held by Altius Resources Inc.

Situate near Upper Humber River, Western NL On map sheet 12H/11 Mineral License 016988M Held by Lewis, Gary E. Situate near Millertown Area, Central NL On map sheet 12A/15 Mineral License 018303M Held by Unity Resources Inc. Situate near Rencontre Brook, Southern NL On map sheet 01M/11 Mineral License 018304M Held by Unity Resources Inc.

Situate near Rencontre Brook, Southern NL On map sheet 01M/11 Mineral License 018310M Held by White, Jason Situate near Rose Blanche, Southern NL On map sheet 11O/10 Mineral License 020714M Held by Buchans Minerals Corporation Situate near Little Barachois Brook, Western NL On map sheet 12A/05 Mineral License 019492M Held by MAC Minerals Ltd. Situate near Red Indian Lake, Central NL On map sheet 12A/15

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 17, 2014 160 Mineral License 019623M Held by Ryan, Kevin Situate near Hickmans Harbour, Eastern NL On map sheet 02C/04 Mineral License 019665M Held by Kelloway, Keith Situate near Little St Lawrence, Burin Peninsula On map sheet 01L/14 A portion of license 020070M Held by Brushett, Jeffery Situate near Marystown, Burin Peninsula On map sheet 01M/03 more particularly described in an application on file at D epartment of Natural Resources Mineral License 020220M Held by Ryan, Kevin Situate near Georges Pond Area, Avalon Peninsula On map sheet 01N/06 Mineral License 020251M Held by Ryan, Kevin Situate near Hawke Hill, Avalon Peninsula On map sheet 01N/06 Mineral License 020727M Held by Reid, N.

Wayne Situate near Gander Lake Area, Central NL On map sheet 02D/16 Mineral License 020728M Held by Reid, N. Wayne Situate near Gander Lake Area, Central NL On map sheet 02D/16 Mineral License 020732M Held by Crocker, James Richard Situate near Gander Lake Area, Central NL On map sheet 02D/16 Mineral License 020734M Held by Pretty, Adam Situate near Third Pond, Central NL On map sheet 02E/02 Mineral License 020735M Held by Duffitt, Alexander S. Situate near Gull Pond, Baie Verte Peninsula On map sheet 12H/16 Mineral License 020736M Held by Duffitt, Alexander S.

Situate near North West Pond, Eastern NL On map sheet 02F/04 Mineral License 020737M Held by Duffitt, Alexander S. Situate near Clarenville, Eastern NL On map sheet 02C/04, 02D/01 Mineral License 020738M Held by Duffitt, Alexander S. Situate near Clarenville, Eastern NL On map sheet 02C/04, 02D/01 Mineral License 020739M Held by Duffitt, Alexander S. Situate near Clarenville, Eastern NL On map sheet 02C/04, 02D/01 Mineral License 020749M Held by Ubique Minerals Ltd.

Situate near Lac Montenon On map sheet 23G/02 Mineral License 020750M Held by Quinlan, Marilyn Situate near Menihek Lake Area On map sheet 23J/02 Mineral License 020751M Held by McLennon, Michael Situate near Micmac Lake Area, Baie Verte Peninsula On map sheet 12H/09 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Exempt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/00, 36/01, 31/04, 78/06, 8/08, 28/09 and 5/13 and outlined on 1:50 000 scale digital maps ma intained by the Department of Natural Resources, will be open for staking after the hour of 9:00 a.m. on the 32 nd clear day after the date of this publication.

DEPARTMENT OF NATURAL RESOURCES JUSTIN LAKE Manager - Mineral Rights File #'s 774: 3441, 7792, 775: 0132, 0705, 0709, 1662, 1663, 1669, 1734, 2709, 2824, 2842, 3117, 3219, 3242, 3577, 3578, 3582, 3584, 3585, 3586, 3587, 3588, 3589, 3590, 3591, 3592 April 17 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION TOWN OF PORTUGAL COVE-ST. PHILIP’S MUNICIPAL PLAN AMENDMENT No. 18, 2012 DEVELOPMENT REGULATIONS AMENDMENT No. 45, 2012 ST. JOHN’S URBAN REGION REGIONAL PLAN AMENDMENT No. 4, 2013 TAKE NOTICE that the TOWN OF PORTUGAL COVE - ST.

PHILIP’S Municipal Plan Amendment No. 18, 2012 and Development Regulations Amendment No. 45, 2012, as adopted by Council on the 22 nd day of October, 2013, have been registered by the Minister of Municipal and Intergovernmental Affairs. In general terms, Municipal Plan Amendment No. 18, 2012 will re -designate an area of land from Rural to Rural Residential and Development Regulations Amendment No. 45, 2012 will re -zone the area of land from Rural to Residential Rural. St.

John’s Urban Region Regional Plan Amendment No. 4, 2013, will re-designate the same area of land as described in Municipal Plan Amendment No. 18,

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 17, 2014 161 2012, and Development Regulations Amendment No. 45, 2012 from Rural to Urban Development. The TOWN OF PORTUGAL COVE -ST. PHILIP’S Municipal Plan Amendment No. 18, 2012 and Development Regu lations Amendment No. 45, 2012, 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 PORTUGAL COVE-ST. PHILIP’S Municipal Plan Amendment No. 18, 2012 and Dev elopment Regulations Amendment No. 45, 2012, may do so at the Town Office, Portugal Cove -St.

Philip’s during normal working hours. TOWN OF PORTUGAL COVE-ST. PHILIP’S Judy Squires, CMC, Town Clerk Apr 17 MOTOR CARRIER ACT IN THE MATTER OF THE MOTOR CARRIER ACT, RSNL 1990 cM-19 AND IN THE MATTER OF THE APPLICATION FOR A MOTOR CARRIER CERTIFICATE NOTICE OF APPLICATION TAKE NOTICE that GRAND BANK /FORTUNE AMBULANCE SERVICE INC., of P. O.

Box 159, Fortune, NL A0E 1P0 has applied to the Board of Commissioners of Public Utilities under the provisions of the Motor Carrier Act, RSNL 1990 cM-19, for the issuance of a Certificate as a motor carrier to provide the following service: IRREGULAR ROUTE SPECIALITY AMBULANCE SERVICE for the transportation of persons requiring medical attention or under medical care upon the request of a medical doctor or a registered nurse from Grand Bank, Fortune, Point May, Lories, Molliers, Grand Beach, Frenchman’s Cove and Garnish to any hospital, nursing home, first aid sta tion or home for senior citizens within the Province of Newfoundland and Labrador, and upon the specific request of a medical doctor, registered nurse or a police officer between any two points within the provi nce of Newfoundland and Labrador.

The Board, having reviewed the application has granted provisional approval and shall issue said Certificate, unless a person who objects to the application files with the Board a notice of objection to the application together with a written statement setting out in full the reasons why the application should be denied and relevant documentary evidence.

The objector must also serve on the applicant a copy of the notice of objection, the statement of reasons and the relevant documentary evidence filed with the Board by personal service or by prepaid, registered mail, at the address shown on the application, and proof of service must be supplied to the Board. The evidence to be submitted must be received by the Board within twenty days of the date of the publication of this notice, at the office of the Board at Suite East 210, Prince Charles Building, Torbay Road, NL or by mail to P. O. Box 21040, St. John’s, NL A1A 5B2.

Dated at Town of Fortune, Newfoundland and Labrador, this 6th day of February, 2014. CHARLES PENWELL Signature of Applicant Apr 17 TRUSTEE ACT ESTATE NOTICE IN THE MATTER of the Estate and Effects of JANET STORY late of 337 Southside Road, St. John's, NL, unmarried, retired, Director of Nursing, Deceased All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Estate of JANET STORY late of 337 Southside Road, St.

John's, NL, spinster, retired director of nursing, deceased are hereby requested to send particulars thereof in writing, duly attested, to the undersigned solicitor for the Canada Trust Company, the Executor of the said deceased, on or before the 30 th day of May, 2014 after which date the said Estate will be distributed having regard only to claims which have given notice. DATED at St. John's, this 7th day of April, 2014. RONALD A. COLE LAW OFFICES Solicitor for the Canada Trust Company Executor of the estate of the late JANET STORY ADDRESS FOR SERVICE: 177 Hamlyn Road St.

John's, NL A1E 5Z5 Tel: (709) 368-8377 Fax: (709) 368-8269 Apr 17

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 89 ST. JOHN’S, THURSDAY, APRIL 17, 2014 No. 16 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 36/14 NLR 37/14 CORRECTION NOTICE NLR 26/14

The Newfoundland and Labrador Gazette April 17, 2014 171 NEWFOUNDLAND AND LABRADOR REGULATION 36/14 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed April 15, 2014) 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, April 10, 2014. David B. Orsborn Chairperson, Rules Committee RULES Analysis 1. Rule 1.03Amdt.

Definitions 2. Rule 1.05 R&S Waiver of rule by agreement 3. Rule 1.07 Added Duties of Registrar 4. Rule 5.02 Amdt. Commencing a proceeding (Application) 5. Rule 5.03 R&S Commencing any other proceeding 6. Rule 5.04 Amdt. Duty of Registrar on the filing of an originating document 7. Rule 5A.01 Amdt.

Interpretation 8. Rule 5A.02 Amdt. Entry of judgment 9. Rule 5A.03 R&S Filing fees 10. Rule 5A.04 Amdt. Records 11. Rule 7.10 R&S Relator actions 12. Rule 7A.01 Amdt.

Interpretation 13. Rule 7A.03 Amdt. File administration 14. Rule 8.02 Amdt. Appointment of guardian ad litem 15. Rule 10.02 Amdt. Filing a defence 16. Rule 14.01 Amdt. Service of pleadings

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 172 17. Rule 14.02 Amdt. Pleadings: formal requirements 18. Rule 17A.02 Amdt. Evidence on Application 19. Rule 19.03 Amdt. Costs 20. Rule 20.01 Amdt. Payment into Court in satisfaction 21. Rule 20.06 Amdt. Payment of money out of Court to defendant 22. Rule 20.11 R&S Method of payment of money into Court 23. Rule 20.12 Amdt. Money paid into Court under order, etc. 24. Rule 20.14 R&S Unclaimed balances paid to Consolidated Revenue Fund 25. Rule 23.01 Amdt. Notice of change of solicitor 26. Rule 23.05 Amdt.

Removal of solicitor from record at instance of another party 27. Rule 23.06 R&S Withdrawal of solicitor who has ceased to act for party 28. Rule 24.03 Amdt. Accounts to be made, verified, etc. 29. Rule 25.02 Amdt. Giving of security by receiver 30. Rule 26.10 Amdt. Report of result of sale 31. Rule 27.01 Amdt. Application for an interlocutory order 32. Rule 27.03 Amdt. Bond in support of interlocutory recovery order 33. Rule 27.04 Amdt. Recovery order 34. Rule 27.05 Amdt. Sheriff's duty under interlocutory recovery order 35. Rule 27.06 Amdt.

Retention or repossession of property taken under an interlocutory recovery order 36. Rule 27.07 Amdt. Recovery of shares, bonds, etc., of a body corporate 37. Rule 27.09 Amdt. Sale or other disposition of property by Court 38. Rule 27.13 Amdt. Application for a final recovery order 39. Rule 29.05 Amdt. Service of application 40. Rule 29.08 Amdt. Filing of documents for use of the Court 41. Rule 29.15 R&S Filing of documents 42. Rule 30.12 Amdt. Delivery of depositions 43. Rule 32.01 Amdt. List of documents: exchange 44. Rule 37A.01 Amdt.

Definitions 45. Rule 37A.08 R&S Mediators fees 46. Rule 37A.09 Amdt. Mediators list 47. Rule 40.04 Amdt. Setting down for trial - General 48. Rule 40.06 Amdt. Setting down for trial 49. Rule 40.07 Amdt. Settlement 50. Rule 40.09 Amdt. Publication of General List 51. Rule 40.10 R&S Brief for trial judge 52. Rule 40.12 R&S Notification of change in status 53. Rule 43.03 Amdt. Report of referee 54. Rule 46.23 Amdt. Subpoena 55. Rule 46.24 R&S Amendment of a subpoena 56. Rule 47.03 Amdt. Enforcing attendance of persons at examination 57. Rule 47.05 Amdt. Conduct of examination 58. Rule 47.09 Amdt. Taking of depositions 59. Rule 48.03 Amdt. Exhibits 60. Rule 48.15 Amdt. Filing of affidavits

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 173 61. Rule 49.03 Amdt. Drawing up of order 62. Rule 49.05 Amdt. Orders made by the Registrar 63. Rule 49.11 R&S Satisfaction of judgment 64. Rule 49.18 Amdt. Adjudication of claims 65. Rule 49.19 R&S Certificate of judgment of Supreme Court of Canada 66. Rule 49.20 Amdt. Judgments under the Canada and the United Kingdom Reciprocal Recognition and Enforcement of Judgments Act 67. Rule 50.04 Amdt. Where leave to issue orders necessary 68. Rule 52.02 Amdt.

Appointment of a receiver to enforce a judgment or order 69. Rule 54.07 R&S Endorsement on originating application 70. Rule 54.08 Amdt. Return of lower court 71. Rule 54.14 Amdt. Disclaimer 72. Rule 55.18 Amdt. Review of agreement by taxing officer or Court 73. Rule 55.35 Amdt. Time and contents of appeal 74. Rule 55.38 Amdt. Amendment of execution order 75. Rule 56.05 Amdt. Form of application 76. Rule 56.27 R&S Order for passing accounts 77. Rule 56.28 Amdt. Dispensing with accounting: Depositing inventory and accounts 78. Rule 56.29 Amdt. Filing of releases 79. Rule 56.31 R&S Endorsements on all grants 80.

Rule 56.32 R&S Furnishing of copies by Court 81. Rule 56.36 R&S Approval of the registrar 82. Rule 56.37 Amdt. Original of will etc. 83. Rule 56A.01 Amdt.

Definitions of terms 84. Rule 56A.04 Amdt. Who may access court records 85. Rule 56A.06 Amdt. Starting a family law proceeding 86. Rule 56A.15 Amdt. Consequences of not responding 87. Rule 56A.21 Amdt. How case management works 88. Rule 56A.23 Amdt. How to set a trial or hearing date 89. Rule 56A.24 Amdt. Applying for judgment in an uncontested family law proceeding 90. Rule 56A.34 R&S Rejection of application 91. Rule 56A.45 Amdt. Applying jointly for divorce 92. Rule 56A.46 Amdt. Judgment of divorce 93. Rule 56A.47 Amdt. Certificate of divorce 94. Rule 56A.50 R&S Registrar to forward forms 95. Rule 56A.55 Amdt.

Registrar to forward order - Divorce Act ( Canada ) 96. Rule 56A.58 Amdt. Documents required in claim for child support 97. Rule 56A.64 Amdt. Application for provisional variation order 98. Rule 56A.65 Amdt. Confirmation of provisional variation order 99. Rule 56A.67 Amdt. Receipt of documents from reciprocating jurisdiction 100. Rule 56A.68 Amdt. Investigation and report to judge 101. Rule 59 Rep. The Registrar's Compensation Rule 102. Transitional 103. Forms Amdt.

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 174 1.

(1) Rule 1.03(

g) of the Rules of the Supreme Court, 1986 is repealed and the following substituted: (g) "enter judgment", "entering judgment" or similar variations of these words mean to deliver to the Court an order embodying a judgment or to cause the Registrar to make a formal record of a judgment;

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

s) the following: (s.1) "Registrar" means the clerk, officer or employee of the Court designated by the Chief Execu tive Officer in consultation with the Chief Justice of the Trial Division to manage the operations of the registries in all judicial centres unless otherwise provided; 2. Rule 1.05 of the rules is repealed and the following substituted: 1.05. Unless the Court otherwise orders, all the parties may, by a written agreement that is filed w ith the Court agree to waive any provision of a rule whereupon the provision shall not apply to the extent agreed. 3.

The rules are amended by adding immediately after rule 1.06 the following: 1.07. Where a rule or an order provides that a duty shall be discharged by the Registrar, the duty may be discharged by a clerk, officer of employee of the Court who is assign ed by the Chief Executive Officer to discharge registry functions. 4. Rule 5.02(1) of the rules is repealed and the following substituted: 5.02.

(1) A proceeding (

a) in which the sole or principal question at issue is, or is likely to be a question of law, or one of construction of a statute, will, contract or other document; Waiver of rule by agreement Duties of Registrar Commencing a proceeding (Application)

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 175 (

b) in which there is unlikely to be any substantial dispute of fact; or (

c) which may be commenced by application, motion, originating summons, petition or otherwise under a statute; shall be commenced by filing with the Court, or with a commissioner of the Supreme Court for the issue of originating documents at the place where the commissioner resides, an originating application ( inter partes) with notice attached in Form 5.02A and a true copy thereof in a proceeding between parties or an originating application (an ex parte) in Form 5.02B and a true copy thereof in an ex parte proceeding. 5. Rule 5.03 of the rules is repealed and the following substituted: 5.03.

Every other proceeding, which is not within the provisions of rule 5.02, shall be commenced by filing a statement of claim with the notice attached in Form 5.03A and a true copy thereof with the Court or with a commissioner of the Supreme Court for the issue of originating applications or documents at the place where the commissioner resides. 6. Rule 5.04(1) of the rules is repealed and the following substituted: 5.04.

(1) Upon receipt of an origina ting document initially filed with the Court, the Registrar shall (

a) insert on the originating document a file number and the date of filing; (

b) impress thereon the seal of the Court; and (

c) issue the originating document by signing it and filing it in the Registry. 7.

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

b) of the rules is repealed and the following substituted: (b) "approved software" means any form of computer software identified in the Gazette as having been approved by the Chief Executive Officer in consultation with the Chief Justice of the Trial Division as being suitable for use in the Commencing any other proceeding Duty of Registrar on the filing of an originating document

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 176 electronic filing of documents and entry of judgments pursuant to this Rule, and includes a certificate template and a judgment template;

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

c) of the rules is repealed and the following substituted: (c) "certificate template" means the form of certificate reproduced as Form 5A.01A with such variations as the case may require and, in the case of an electronic filing, a court form of certificate, in elect ronic format, approved by the Chief Executive Officer in consultation with the Chief Justice of the Trial Division;

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

e) of the rules is repealed and the following substituted: (e) "electronic seal" means a scr eened image of the Seal of the Court which is used by software applications authorized by the Chief Executive Officer in consultation with the Chief Justice of the Trial Division that are protected by a password to which only the Chief Justices and the Chief Executive Officer or persons designated by the Chief Justices and the Chief Executive Officer have access;

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

h) of the rules is repealed and the following substituted: (h) "judgment template" means the form of order reproduced in Form 5A.01B with such variations as the case may require, and in the case of an electronic filing, a court form of judgment, in electronic form at, approved by the Chief Executive Officer in consultation with the Chief Justice of the Trial Division. 8. Rule 5A.02(1) of the rules is repealed and the following substituted: 5A.02.

(1) Where a judgment claimant seeks to enforce payment of a fine, late payment penalty, forfeiture, assessment or tax by causing a judgment of the Court to be entered against the person liable to pay it, the judgment claimant shall, using th e certificate template, file with the Court in the Judicial Centre of St. John's a certificate, verified by the Entry of judgment

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 177 signature or the electronic signature of a designated certifying official, certifying (

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

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

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

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

e) that the person making the certificate has kn owledge of the information in the certificate and has been duly authorized to make the certificate and to request that the amount claimed be entered as a judgment or to file it as a judgment of the court. 9. Rule 5A.03 of the rules is repealed and the following substituted: 5A.03.

(1) Where a certificate is filed electronically pursuant to this Rule, the judgment claimant shall, no later than the next business day, forward to the Court by ordinary mail or otherwise cause to be delivered to the Court a cheque for the amount of the filing fees that would otherwise be payable for the filing of an originating document under these Rules.

(2) Where facilities exist, the Chief Executive Officer so approves and a judgment claimant consents, the payment of filing fees may be effected by a pre-authorized chequing plan arranged with, or an electronic debit charge made to, the banker of the judgment claimant. 10.

(1) Rule 5A.04(1) of the ru les is repealed and the following substituted: Filing fees

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 178 5A.04.

(1) The Chief Executive Officer in consultation with the Chief Justice of the Trial Division may establish and the Registrar may maintain an electronic data base fo r the storage of all documents filed electronically pursuant to this Rule and of all judgments entered pursuant to such filings; and where such a data base is maintained, the keeping of records by conventional means may be dispensed with.

(2) Rule 5A.04(2)(

b) of the rules is amended by deleting the words "or of any person to whom the duty of the Registrar has been assigned pursuant to

section 63(2) of the Judicature Act". 11. Rule 7.10 of the rules is repealed and the following substituted: 7.10. Before the name of any person is used in a proceeding as a relator, that person shall give a written authorization to that person's solicitor to use that person's name and the authorization shall be filed with the Court. 12. Rule 7A.01(1)(

d) of the rules is repealed. 13.

(1) Rule 7A.03(3) of the rules is repealed and the following substituted:

(3) On the commencement of a class proceeding or on the filing of an application to cer tify a class action in a judicial centre other than the judicial centre of St. John’s, the clerk, officer or employee responsible in that judicial centre shall notify the class proceedings co- ordinator of the particulars of the proceeding.

(2) Rule 7A.03(8) of the rules is repealed and the following substituted:

(8) Where a case management judge has been assigned in accordance with this rule, all subsequent applications in the proceeding shall be made to that judge and the party filing an application with the Court shall endorse on the app lication the name of the case management judge. 14.

(1) Rule 8.02(6) of the rules is repealed and the following substituted: Records Relator actions

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 179

(6) The name of the person shall not be used in any proceeding nor shall any person intervene or appear in a proceeding as the guardian ad litem of a person under disability until there has been filed with the Court (

a) his or her written consent to be the guardian ad litem; or (

b) where that person is the guardian of the estate of the person under disability or has been appointed as guardian ad litem by the Court, a certificate of his or her authorization or appointment.

(2) Rule 8.02(7) of the rule s is repealed and the following substituted:

(7) Except where the person proposing to be guardian ad litem is the guardian of the estate of a person under disability or has been appointed as guardian ad litem by the Court, the solicitor for a person under disability, before acting in a proceeding, shall file with the Court a certificate showing that the solicitor knows or believes (

a) that there is no guardian of the estate of the person under disability and that no person has been appointed as guardian ad litem for the person under disability; and (

b) that the guardian ad litem. of the person under disability has no interest in the proceedings adverse to that person. 15. Rule 10.02(1) of the rule s is repealed and the following substituted: 10.02.

(1) When a defendant is served with a statement of claim in Form 5.03A the defendant shall, within ten days after service thereof on the defendant, or within such time as the Court may order, or rule 14.23(2) provides, file a defence and copy with the Court. 16. Rule 14.01(2) of the rule s is repealed and the following substituted:

(2) All other pleadings shall be served by filing the pleadings with the Court and serving a true co py on the opposing party, within ten days after service of the pleadin g to be answered and excluding the day of such service. Filing a defence

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 180 17. Rule 14.02(1)(b)(

i) of the ru les is repealed and the following substituted: (

i) the date of issue by, or the date of filing with the Court, 18. Rule 17A.02(6) of the rules is repealed and the following substituted:

(6) On an application under this rule each party shall serve on every other party to the application a memorandum consisting of a concise statement of the facts and law relied on by the party and file it with the Court not later than forty-eight hours before the day set for the hearing. 19. Rule 19.03(1) of the rules is repealed and the following substituted: 19.03.

(1) Subject to rule 19.02, a party discontinuing a proceeding or withdrawing any cause of action therein or withdrawing the defence or any part thereof shall pay the costs of any opposing party to the date of giving notice of discontinuance or withdrawal to the party and, if before the payment of the costs the party subsequently brings a proceeding for the same, or substantially the same claim, the Court may order the proceeding to be stayed until the costs are paid. 20. Rule 20.01(3) of the rules is repealed and the following substituted:

(3) On making a payment into Court under Rule 20, a defendant shall forthwith file with the Cour t and serve on every other party a notice of payment in Form 20.01A stating the cause of action in satisfaction of which payment is made and the amount paid, or where there is more than one cause of action stating whether the payment is in satisfaction of all the causes of action and the amount paid, or if in satisfaction of one or more of them, stating the causes of action and the amount paid in respect of each of them. 21. Rule 20.06 of the rules is amended by deleting the words "from the Registrar". 22. Rule 20.11 of the rules is repealed and the following substituted: Costs

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 181 20.11. Unless the Court otherwise orders, on payment of any money into Court, the Registrar shall (

a) give a receipt for the paym ent which shall contain a notation of the proceeding and purpose for which the payment was made; (

b) maintain a ledger account of his or her records respecting the payment; and (

c) deposit same in a trust account in a chartered bank. 23. Rule 20.12(3) of the rules is amended by deleting the words "by the Registrar". 24. Rule 20.14 of the rules is repealed and the following substituted: 20.14. Unless the Court otherwise orders, the Chief Executive Officer shall transfer to the Consolidated Revenue Fund the balance remaining to the credit of a proceeding (

a) when the balance does no t exceed $500.00 and five years have elapsed without the balance being closed; or (

b) in any case, when ten years have elapsed after the last payment into Court in the proceeding, but the transfer shall not prejudice the right of any person entitled to the balance to obtain payment. 25. Rule 23.01(1) of the rule s is repealed and the following substituted: 23.01.

(1) A party who sues or defends by a solicitor may change the solicitor without an order, but until notice of the change is filed with the Court and served on every other party, the former solicitor shall, subject to rule 23.05 or 23.06, be considered the solicitor of the party until the conclusion of the proceeding. 26. Rule 23.05(2) of the rules is repealed and the following substituted: Method of payment of money into Court Unclaimed balances paid to Consolidated Revenue Fund Notice of change of solicitor

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 182

(2) Where an order is made under rule 23.05(1), the applicant shall serve on every other party a copy of the order and file it with the Court. 27. Rule 23.06(1) of the rules is repealed and the following substituted: 23.06.

(1) Where a solicitor, who has acted for a party in a proceeding has ceased to so act and the party has not given notice of change in accordance with rule 23.01, or notice of intention to act in person in accordance with rule 23.0 4, the solicitor may appl y to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the party, and the Court may so order, but unless and until the solicitor files the order with the Court and se rves a copy of the order on every party, the solicitor shall be considered the solicitor of the party until the conclusion of the proceeding. 28. Rule 24.03(

d) of the rules is repealed and the following substituted: (

d) file the account and affidav it with the Court and notify any other party that the accounting party has done so. 29. Rule 25.02(2) of the rules is repealed and the following substituted:

(2) The security shall be filed with the Court. 30. Rule 26.10(1) of the rules is repealed and the following substituted: 26.10.

(1) A report, verified by affidavit, of the result of a sale made under an order of the Court shall be prepared by the sheriff or person conducting the sale and shall be filed immediately after the sale with the Court. 31. Rule 27.01(2) of the rules is repealed. 32.

(1) Rule 27.03(1) of the rules is repealed and the following substituted: Withdrawal of solicitor who has ceased to act for party Report of result of sale Bond in support of interlocutory recovery order

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 183 27.03.

(1) Unless the Court otherwise orders, the applicant shall provide to the Court a bond in Form 27.03A before an interlocutory recovery order is issued.

(2) The rules are amended by adding immediately after rule 27.03(1) the following:

(1.1) Unless the Court otherwise orders, the bond in paragraph (1) shall be an amount equal to one and one quarter times the value of the property sought to be recovered, as stated in the applicant's affidavit, with two sufficient sureties or other form of sufficient security, approved by the Court.

(3) Rule 27.03(4) of the rules is repealed and the following substituted:

(4) A bond and any security taken thereunder may, by leave of the Court granted on such terms as are just, be assigned by the Registrar to the party from whom the property was recovered and when so assigned that party may reali ze on the security and commence a proceeding to enforce the bond in that party's own name against all or any of the persons who executed it. 33.

(1) Rule 27.04(1)(

c) of the rules is repealed and the following substituted: (

c) direct the sheriff to deliver possession of the property recovered to the applicant when the party, from whom the property is recovered, does not deliver to the sheriff, within three days after a true copy of the order is served on that party, a certificate from the Regi strar stating that the party has filed with the Court a bond pursuant to rule 27.06;

(2) Rule 27.04(3) of the rules is amended by deleting the words "or Registrar". 34. Rule 27.05(4) of the rules is repealed and the following substituted:

(4) Before the expiration of ninety days from the date of the issue of an interlocutory recovery order or when directed by the Court, the sheriff shall file the order with the Court with a report of any action taken by the sheriff thereunder.

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 184 35.

(1) Rule 27.06(1) of the rules is repealed and the following substituted: 27.06.

(1) Any party or person, claiming to be the owner or entitled to possession of any property recoverable under an interlocutory recovery order, is entitled to retain or regain possession of the property if the party or person files with the Court not later than three days after a true copy of the order is served on the party or person (

a) an affidavit stating that the party or person is entitled to possession of the property by virtue of the facts set forth therein; and (

b) unless the Court otherwise orders, a bond in Form 27.06A in an amount equal to one and one-quarter times the value of the property recovered as dete rmined by the sheriff, with two sufficient sureties.

(2) Rule 27.06(6) of the rules is repealed and the following substituted:

(6) Where the person or party entitled to retain the property under rule 27.06(1) is a public officer, board or government agency, such officer, board or government agency may, in lieu of giving a bond in Form 27.04A, retain possession of any property seized by filing with the Court, within the time limited by the rule, a writing certifying that public health, safety or welfare would be jeopardized or impaired if the applicant acquired possession of the property prior to judgment being entered, but the applicant may apply to the Court to determine whether the public interest requires the property to be so retained. 36. Rule 27.07(2)(

b) of the rules is repealed and the following substituted: (

b) forthwith file with the Court a certificate setting out (

i) the number and class of an y share so retained with the certificate number and the name and address of any registered owner thereof, (ii) the number, face value and description of any bond or debenture with the serial number thereof and the name and address of any registered owner thereof, and Retention or repossession of property taken under an interlocutory recovery order

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 185 (iii) a description of any other interest of the defendant in the body corporate so retained. 37. Rule 27.09(2) of the rules is repealed and the following substituted:

(2) Unless the Court otherwise orders, the sheriff shall forthwith on the sale of a property file a report thereon with the Court and pay the proceeds, less his or her fees and expenses, into Court to be held pending further order. 38.

(1) Rule 27.13(1) of the rules is repealed and the following substituted: 27.13.

(1) Where it is sought to enforce a final order for the recovery of possession of property, the Court may, on an ex parte application supported by affidavit, grant an order in Form 27.13A for the sheriff to deliver possession of the property as provided in the order.

(2) Rule 27.13(3) of the rules is repealed and the following substituted:

(3) When the sheriff is unable to take possession of any property referred to in the order, the sheriff shall forthwith file the order with the Court with the sheriff's report endorsed thereon or attached thereto, and the Court may grant such further order as is just. 39. Rule 29.05(1)(

b) of the rules is repealed and the following substituted: (

b) where the application is ex parte , by filing the application and affidavit with the Court before the hearing. 40. Rules 29.08(1), (2) and (3) of the rules are repealed and the following substituted: 29.08.

(1) An applicant shall, as provided in rule 29.08(3), mail to or file with the Court the following documents for the use of the Court, (

a) a copy of the originating or interlocutory application and any supporting affidavit; Application for a final recovery order Filing of documents for use of the Court

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 186 (

b) a memorandum listing any authority and the applicable provisions of any statute, regulation or rule that are to be relied upon by the applicant on the application; and (

c) a copy of any material document, including any proposed order.

(2) An opposing party shall, as provided in rule 29.08(3), mail to or file with the Court the foll owing documents for the use of the Court, (

a) a copy of any affidavit or other material document to be used by him or her on the application; and (

b) a memorandum listing any authority and the applicable provisions of any statute, regulation or rule that are to be relied upon by the opposing party on the application.

(3) Unless the Court otherwise orders, the documents referred to in rules 29.08(1) and 29.08(2) shall be filed with the Court (

a) on a contested application, at least one clear day before the hearing; and (

b) on an ex parte application, not later than twelve o'clock noon of the day preceding the hearing. 41. Rule 29.15 of the rules is repealed and the following substituted: 29.15. Any document used on a hearing of an application shall be filed with the Court before the order is issued. 42. Rule 30.12(1) of the rule s is repealed and the following substituted: 30.12.

(1) The examiner shall deliver a copy of the depositions, signed and certified by the examiner, to any party who orders it and the copy shall, subject to the provisions of rule 30.13 and without proof of his or her signature, be received in evidence subject to all just exceptions, but the depositions shall not be filed with the Court without the consent of the parties or an order of the Court. Filing of documents Delivery of depositions

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 187 43. Rule 32.01(1) of the rule s is repealed and the following substituted: 32.01.

(1) Unless the Court otherwise orders, a party to a proceeding shall, within ten days after the close of the pleadings between an opposing party and the party, or within seven days after the service of the originating document where there are no pleadings, file and serve on the opposing party a list in Form 32.01A of the documents of which the party has knowledge at that time relating to every matter in question in the proceeding and file the list w ith the Court without a copy of any document being attached thereto. 44. Rule 37A.01(

f) of the rules is repealed and the following substituted: (f) "mediators list" means a list of names of mediators that is maintained by the Court. 45. Rule 37A.08 of the rules is repealed and the following substituted: 37A.08.

(1) A mediator on the mediators list shall file with the Court the mediator’s

schedule of 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 Court, or (

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

schedule of fees negotiated in advance with the parties and reduced to writing. 46. Rule 37A.09(2) of the rules is repealed. 47. Rules 40.04(1) and (2) of the rules are repealed and the following substituted: 40.04.

(1) If a trial date has not been set under rule 40.03 and the proceeding is ready for trial, the parties may jointly initiate the procedures for setting the case down for trial by (

a) filing with the Court a trial record containing a copy of List of documents: exchange Mediators fees Setting down for trial - General

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 188 (

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 with the Court at the same time as the Certificate of Readiness. 48. Rule 40.06(3)(

b) of the rules is repealed and the following substituted: (b) 30 days has passed, or a longer time as all parties may agree in writing filed with the Court, since a settlement conference or mini-trial; and 49. Rule 40.07(

b) of the rules is repealed and the following substituted: (

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

a) shall apply. 50. Rule 40.09(3) of the rules is repealed. 51. Rule 40.10 of the rules is repealed and the following substituted: 40.10. Each party shall, on or before the fourth day preceding the trial, file with the Court and provide to each other party either (

a) confirmation that the party will rely on the pre-trial brief prepared under rule 39A.03(1) with no changes; or (

b) an amended brief containing a

summary of the facts, issues and law relevant to the proceeding. 52. Rule 40.12 of the rules is repealed and the following substituted: Brief for trial judge

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 189 40.12. A party shall immediately provide the Court with information that may affect the estimated du ration of a trial or changes in contemplated procedure or circumstances that may result in delay of the trial. 53. Rule 43.03(1) of the rules is repealed and the following substituted: 43.03.

(1) The report of a referee, together with a copy of any evidence taken on the trial or inquiry and any exhibits used thereat, shall be filed with the Court and a copy of the report served on each party. 54. Rule 46.23(2) of the rules is repealed and the following is substituted:

(2) A subpoena shall be issued by the Registrar after a copy is filed with the Court. 55. Rule 46.24 of the rules is repealed and the following substituted: 46.24.

(1) Where a subpoena has been issued but not served, the Registrar may, upon request, withdr aw the original subpoena and issue a new subpoena.

(2) Where a subpoena has been served, it may be amended by filing an amended subpoena, endorsed with the words "amended and reissued", with the Court for reissue and serving a copy thereof on each person who has been served with the original subpoena. 56. Rule 47.03(3) of the rules is repealed and the following substituted:

(3) Where a person, subpoenaed under rule 47.03(1) and tendered the proper fee, refuses or fails to attend the examination, or refuses to be sworn or answer any lawful question or produce any document thereat, the examiner shall file a certificate to that effect with the Court, whereupon any party may apply ex parte to the Court for an order requiring the person to attend or be sworn or answer any question or produce any document. 57. Rule 47.05(3) of the rules is repealed and the following substituted: Notification of change in status Report of referee Amendment of a subpoena

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 190

(3) Where an order or letter of request directs an examination to take place upon written interrogatories , the interrogat ories in chief shall, unless it is otherwise ordered, be delivered to the opposite party at least ten days before the dispatch of the order or letter, and any cross- interrogatories shall be delivered to the opposite party within five days after the receipt of the interrogatories in chief, and in default of cross- interrogatories being delivered the opposite party may dispatch the order or letter of request without cross-interrogatories. 58. Rule 47.09(5) of the rules is repealed and the following substituted:

(5) The depositions, any interrogatories and cross- interrogatories, and any exhibits or certified copies thereof or extracts therefrom shall be sent to the Court. 59. Rule 48.03(2) of the rules is repealed and the following substituted:

(2) An exhibit referred to in an affidavit, that is not stated to be attached or otherwise annexed and that bears the certificate of the person before whom it is sworn or affirmed, shall be left with the Court and, unless otherwise ordered, shall be returned on the disposal of the application, provided that, when possible, a true copy of the exhibit shall be attached to the affidavit when it is filed and served. 60. Rule 48.15(1) of the rules is repealed and the following substituted: 48.15.

(1) Every affidavit shall be filed with the Court before an order is issued in a proceeding. 61. Rule 49.03(1) of the rules is repealed and the following substituted: 49.03.

(1) Subject to rule 49.03(2), an order shall be drawn up by the successful party, settled as provided by rule 49.04(1), and filed with the Court provided that when an order is not filed within ten days after the decision or direction is given, any other party may draw up, settle and file the order. 62.

(1) Rule 49.05(1)(

a) of the rules is repealed. Filing of affidavits Drawing up of order

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 191

(2) Rule 49.05(1)(

b) of the rules is repealed.

(3) Rule 49.05(3) of the rules is repealed. 63. Rule 49.11 of the rules is repealed and the following substituted: 49.11. The Registrar shall enter that an order has been satisfied when there is filed with the Court (

a) a satisfaction piece in Form 49.11A, signed by the judgment creditor, or the judgment creditor's solicitor of record, or by any other person entitled to the benefit thereof who attaches to the satisfaction piece an affidavit establishing that person's entitlement thereto; or (

b) an order of the Court releasing the order. 64. Rule 49.18(2) of the rules is repealed and the following substituted:

(2) The Court may direct any claimant, who did not attend on the adjudication under rule 49.18(1) and whose claim for any part thereof has been allowed or disallowed, to be served with a notice in Form 49.18A informing the claimant of that fact and stating that, if the claimant is dissatisfied with the amount allowed or the disallowance of the claimant's claim, the claimant must within ten days from the receipt of the notice apply for a rehearing of the claim, otherwise the adjudication shall be final. 65. Rule 49.19 of the rules is repealed and the following substituted: 49.19.

When a judgment of the Supreme Court of Canada on appeal is certified by the Registrar thereof and filed with the Court, the Registrar shall enter the same and all subsequent proceedings may be taken thereon as if the judgment had been given or pronounced by the Court. 66. Rule 49.20(1) of the rules is repealed and the following substituted: Satisfaction of judgment Certificate of judgment of Supreme Court of Canada

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 192 49.20.

(1) When a judgment of the United Kingdom is filed with the Court pursuant to the provisions of The Convention between Canada and United Kingdom providing for the Reciprocal Recognition and Enforcement of Judgments in Ci vil and Commercial Matters, the Registrar shall enter the same and all subsequent proceedings may be taken thereon as if the judgment had been given or pronounced by the Court. 67. Rule 50.04(1) of the rules is repealed and the following substituted: 50.04.

(1) A receivership order or contem pt order to enforce an order shall not be issued without leave of the Court where (a) 6 years or more have elapsed since the date of the order; (

b) a change has taken place, whet her by death or otherwise, in the party entitled or liable under the order; or (

c) under the order, any person is entitled to relief subject to the fulfilment of any condition which it is alleged has been fulfilled. 68. Rule 52.02(5) of the rules is repealed and the following substituted:

(5) Unless the Court otherwise orders, a bond or other security that a receiver gives under rule 25. 02 shall be approved by and filed with the Court before a receivership order is issued. 69. Rule 54.07 of the rules is repealed and the following substituted: 54.07.

(1) There shall be endorsed upon an originating application for an order in the nature of certiora ri a notice to the following effect, adapted as may be necessary and addressed to the judge, justice or justices, officer, clerk or tribunal: "You are hereby required forthwith after service of this originating application on you to return to the Supreme Court of Newfoundland and Labrador at _______________, Newfoundland and Labrador, the order, decision or reasons for judgment, together with the process commencing the Judgments under the Canada and the United Kingdom Reciprocal Recognition and Enforcement of Judgments Act Where leave to issue orders necessary Endorsement on originating application

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 193 proceeding, the evidence and all exhibits filed, if any, and all things touching the proceeding as fully and entirely as they remain in your custody, together with this notice. DATED at ____________, Newfoundland and Labrador, this __________ day of __________, 20_____. TO: A.B. C.D., of _______________ Street _________________, Newfoundland and Labrador, Solicitor for the applicant."

(2) All things required by rule 54.07(1) to be returned to the Court shall, for the purpose of an application for an order in the nature of certiorari, be deemed to be part of the record. 70.

(1) Rule 54.08(1) of the rules is repealed and the following substituted: 54.08.

(1) Upon receiving an originati ng application so endorsed, the judge, justice or justices, officer, clerk or tribunal, shall return forthwith to the Court the order, warrant, decision or reasons for judgment, together with the process commenc ing the proceeding, the evidence and all exhibits filed, if any, and all other things in the proceeding, together with the originating application served upon him or her, with a certificate endorsed thereon in the following form: "Pursuant to the accompanying notice I herewith return to this Honourable Court the following papers and documents, that is to say, (

i) the order or decision (or as the case may be) and the reasons therefore, (ii) the process commencing th e proceeding and the warrant issued thereon, (iii) the evidence taken at the hearing and all exhibits filed, and Return of lower court

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 194 (iv) all other papers or doc uments in the proceeding, and I hereby certify to this H onourable Court that I have truly set forth all the papers and documents in my custody and power in the proceeding set forth in the originating application."

(2) Rule 54.08(3) of the rules is repealed and the following substituted:

(3) When the papers and documents have not been received by the Court as provided in rule 54.08(1), the Registrar shall return a certificate of the fact to the Court. 71. Rule 54.14(1) of the rules is repealed and the following substituted: 54.14.

(1) When a defendant does not intend to defend, the defendant may, to prevent the entry of judgment by default, file a disclaimer with the Court and deliver a copy to the relator or the relator's solicitor. 72.

(1) Rule 55.18(2) of the rules is repealed and the following substituted:

(2) At any time while the agreement is before the taxing officer or within ten days after the taxing officer has given his or her decision on review, the taxing officer may, and on the request of the client shall, refer the agreement to the Court by transmitting all the material before the taxing officer to the Court.

(2) The rules are amended by adding immediately after rule 55.18(2) the following:

(2.1) Upon referral of the agreement to the Court pursuant to paragraph (2), the Registrar shall obtain an appointment for the review and notify the solicitor and the client of the appointed time. 73.

(1) Rule 55.35(2) of the rules is repealed and the following substituted:

(2) An appellant shall appeal to a judge of the General Division by filing with the taxing officer an d the Court a noti ce of appeal and serving it upon every other party. Disclaimer

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 195

(2) Rule 55.35(4)(

a) of the rules is repealed and the following substituted: (

a) returnable within fifteen days from the date of filing with the Court, and 74. Rule 55.38(1) of the rules is repealed and the following substituted: 55.38.

(1) If an execution order has been issued for costs which are reduced or increased on appeal, the execution order shall be returned to the Court for amendment in accordan ce with the order made upon the appeal. 75. Rule 56.05(1) of the rule s is repealed and the following substituted: 56.05.

(1) Every application for a gran t shall be in Form 56.05A, and shall be signed by the applicant or the applicant's solicitor and shall be filed with the Court. 76. Rule 56.27 of the rules is repealed and the following substituted: 56.27. When the Master has completed his or her report the Master shall file it with th e Court forthwith and th e accounting party or any party interested may after notice to all interested parties apply to the judge for an order allowing and passing the accounts in whole or in part. 77. Rule 56.28(3) of the rule s is repealed and the following substituted:

(3) Any party interested in an estate or administration thereof as beneficiary or creditor or as surety under any bond may apply to a judge on ten clear days' notice to th e executor, administrator, guardian or trustee, or on such notice and to such person as the judge may direct, for an order calling upon the executor, administrator, guardian or trustee to exhibit and deposit with the Court an inventory of the estate under administration and an account u nder oath or affirmation of the administration by the executor, administrator, guardian or trustee and to proceed to have it passed and allowed. Amendment of execution order Form of application Order for passing accounts

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 196 78. Rule 56.29(1) of the rule s is repealed and the following substituted: 56.29.

(1) Executors or administrators may file with the Court releases executed in Form 56.29A (

a) by all adults interested in the estate; and (

b) by the guardian of the estate of a minor where letters of guardianship have been granted. 79. Rule 56.31 of the rules is repealed and the following substituted: 56.31. There shall be endorsed the following words upon all grants: "By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file with the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with." 80. Rule 56.32 of the rules is repealed and the following substituted: 56.32.

(1) Any person may demand and on payment of the prescribed fees receive from the Court a co py of any paper, proceeding or document in administration, probate or guardianship matters, which copies may be certified by the Registrar under seal, if so required.

(2) The Registrar shall, on payment of the prescribed fees, furnish exemplifications of probates, letters of administration or guardianship. 81. Rule 56.36 of the rules is repealed and the following substituted: 56.36. A person who wishes to file electronically a document, form or other thing required to be filed by this rule may do so by filing it with the Court in the registry approved for the purpose by the Registrar, using a computer system and a computer network, electronic forms and Filing of releases Endorsements on all grants Furnishing of copies by Court Approval of the registrar

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 197 computer format approved for the purpose by the Chief Executive Officer in consultation with the Chief Justice. 82. Rule 56.37(1) of the rule s is repealed and the following substituted: 56.37.

(1) Notwithstanding a filing under rule 56.36 involving a will, the original will shall be filed with the court. 83. Rule 56A.01(

h) of the rules is repealed. 84. Rule 56A.04(2) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar". 85.

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

(5) An entry of every proceeding shall be made by the Registrar in an appropriate record maintained manually or in electronic form.

(2) Rule 56A.06(5.4) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(3) Rule 56A.06(6) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar". 86. Rule 56A.15(1) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar". 87.

(1) Rule 56A.21(1) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(2) Rule 56A.21(2) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(3) Rule 56A.21(5)(

h) of the rules is repealed and the following substituted: (

h) order an accounting by a person approved by the Court; 88. Rule 56A.23(1) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar". Original of will etc.

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 198 89. Rule 56A.24(5) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar". 90. Rule 56A.34 of the rules is repealed and the following substituted: 56A.34. Unless ordered otherwise, th e Court shall not accept any originating application or application for filing without a financial statement or property statement where these rules require the document to be filed with a financial statement or property statement. 91.

(1) Rule 56A.45(2)(

c) of the rules is amended by deleting the words "local registrar" and substituting the word "Registrar".

(2) Rule 56A.45(5) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar". 92. Rule 56A.46(4) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar". 93.

(1) Rule 56A.47(2) of the rules is repealed and the following substituted:

(2) The Registrar shall issue a ce rtificate of divorce, on request of either party, on or after the day on which the judgment granting the divorce takes effect, where (

a) the Registrar is satisfied that an appeal is not in process; or (

b) the spouses have signed and filed with the Court an undertaking that no appeal from the judgment will be taken, or if any appeal has been taken, that it has been abandoned.

(2) Rule 56A.47(3) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(3) Rule 56A.47(4) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar". 94. Rule 56A.50 of the rules is repealed and the following substituted: Rejection of application Registrar to forward forms

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 199 56A.50. The Registrar shall complete the forms required by the Central Registry of Divorce Proceedings Regulations under the Divorce Act (Canada) and forward them to the Central Registry of Divorce Proceedings at Ottawa as required by those regulations. 95. Rule 56A.55 of the rules is amended by deleting the word "registrar" and substituting the word "Registrar". 96. Rule 56A.58(2) of the rules is repealed and the following substituted:

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

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

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

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

d) the party declares that he or she is not required to file an income tax return by reason of the Indian Act (Canada). 97.

(1) Rule 56A.64(4) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(2) Rule 56A.64(5) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(3) Rule 56A.64(6) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(4) Rule 56A.64(7) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar". 98.

(1) Rule 56A.65(1) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 200

(2) Rule 56A.65(3) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(3) Rule 56A.65(6) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(4) Rule 56A.65(7) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar". 99. Rule 56A.67(3) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar". 100. Rule 56A.68(2) of the rules is repealed and the following substituted:

(2) All reports directed by the judge under this rule and all depositions and written admissions of evidence upon which an order of the Court is founded shall be filed with the Court. 101. Rule 59 of the rules is repealed. 102. Where an application was ma de to the Registrar under rule 27.01(2) prior to the co ming into force of this regulation it will be treated as an application to the Court. 103. The rules are amended by repealing and substituting the following forms: (

a) Form 4.04A; (

b) Form 5.03A; (

c) Form 5.05A; (

d) Form 5A.01B; (

e) Form 11.02A; (

f) Form 12.02A; (

g) Form 27.03A; (

h) Form 27.04A; Transitional Forms Amdt.

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 201 (

i) Form 27.06A; (

j) Form 27.13A; (

k) Form 47.01A; (

l) Form 47.01B; (

m) Form 47.01C; (

n) Form 47.01D; (

o) Form 49.18A; (

p) Form 52.02B; (

q) Form 56.04A; (

r) Form 56.33E; (

s) Form 56.33F; (

t) Form 56.33G; (

u) Form 56.33H; (

v) Form 56.33I; (

w) Form 56A.06A; (

x) Form 56A.06B; (

y) Form 56A.12A; (

z) Form 56A.16A; (aa) Form 56A.24A; (bb) Form 56A.24B; (cc) Form 56A.46A; (dd) Form 56A.81A; and (ee) Form 56A.83A.

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 202 Form 4.04A (rule 4.04(2)) Rules of the Supreme Court of Newfoundland and Labrador, 1986 Practice Note PN. No. [Year - consecutive number] DATE ISSUED: RULES AFFECTED: EFFECTIVE DATE: PREVIOUS PRACTICE NOTES REVISED: The following Practice Note was filed with the Registrar and is published pursuant to rule 4.04 of the Rules of the Supreme Court, 1986: 1. 2. 3. A U T H O R I Z E D B Y : ____________________________ Chief Justice, Trial Division

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 203 Form 5.03A (rule 5.03) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) BETWEEN ______________________ PLAINTIFF AND ______________________ DEFENDANT Statement of Claim 1. (Set forth material facts) 2. The plaintiff therefore claims: (A) (Set forth relief claimed) (B) (

C) DATED at ___________________, Newfoundland and Labrador this ______ day of ___________________ 20______ ________________________ Plaintiff (or solicitor for plaintiff) (insert address for service) To: (Defendant or Solicitor for the defendant) (insert address) ISSUED at _________________, Newfoundland and Labrador this ______day of __________________, 20_________ (Seal of the court)

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 204 _______________________ Registrar 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of proceeding) Notice to Defendant(

s) You are hereby notified that the plaintiff(

s) may enter judgment in accordance with the statement of claim or such order as, according to the practice of the Court, the plaintiff is entitled to, without any further notice to you unless within _________ days, after service hereof upon you, you cause to be filed with the Supreme Court of Newfoundland and Labrador at ___________________ a defence and unless within the same time a copy of your defence is served upon the plaintiff(

s) or the plaintiff’s solicitor(

s) at the plaintiff's solicitor(

s) stated address(es) for service. Provided that if the claim is for a debt or other liquidated demand and you pay the amount claimed in the statement of claim and the sum of $__________ (or such sum as may be allowed on taxation) for costs to the plaintiff(

s) or the plaintiff's solicitor(

s) within _________ days from the service of this notice upon you, then this proceeding will be stayed. To: (Defendant or Solicitor for the defendant) (insert address) Endorsements RECEIVED on ___________________, the _______ day of _______________ 20___________ This statement of claim and attached notice to defendant(

s) was served by me on the defendant(s), at ___________________, the _______ day of _______________ 20___________ before the hour of _________ .m. Endorsed on ___________________, the _______ day of _______________ 20___________ ______________________

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 205 (Signed) (insert address) Affidavit of Service I, ___________________ of _______________ Street, (place) _____________________, Newfoundland and Labrador (insert occupation), make oath (or affirm) and say that I did on ___________________, the _______ day of _______________ 20___________, at approximately _________.m., serve, _______________________ with the within statement of claim by leaving a true copy of the same with ____________________personally at ____________________, and that I endorsed the date of the service thereon on ___________________, the _______ day of _______________ 20___________ SWORN (OR AFFIRMED) to at __________________ in the Province of ____________________ the _______ day of _______________ 20___________, before me ________________________ A Commissioner, etc.

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 206 Form 5.05A (rule 5.05) Concurrent Originating Document I certify this to be a concurrent originating document, (as amended) filed with the Supreme Court of Newfoundland and Labrador, Trial Division, at ___________________, Newfoundland and Labrador, and issued in this proceeding on the _______ day of _______________ 20___________ _______________________ Registrar

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 207 Form 5A.01B (rule 5A.01(1)(h)) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of Proceeding) Order The Defendant, having failed to pay the fine(s), late payment penalty(ies), forfeiture(s), assessment(

s) or tax(es) listed on the Certificate filed herein as owing to the Claimant within the time allowed for payment, as certified by the designated certifying official, It is hereby ordered that judgment be entered against the Defendant in favour of the Claimant pursuant to the provisions of ________________ the sum of $_____________, being the total amount of the fine(s), late payment penalty(ies), forfeiture(s), assessment(

s) and tax(es) listed on the said Certificate filed herein as owing by the Defendant, and that a copy of this Order be served on the Defendant either personally or by ordinary mail at the Defendant’s last known address. Dated at St. John’s, Newfoundland and Labrador, this _______ day of _______________ 20___________ _______________________ Registrar

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 208 Form 11.02A (rule 11.02(1)) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) BETWEEN ______________________ PLAINTIFF AND ______________________ DEFENDANT AND BETWEEN ______________________ PLAINTIFF by counterclaim AND ______________________ DEFENDANT by counterclaim Counterclaim 1. (Set forth material facts) 2. The plaintiff (by counterclaim) therefore claims: (A) (B) (

C) DATED at ___________________, Newfoundland and Labrador this ______ day of ___________________ 20______ ________________________ Plaintiff by counterclaim (or solicitor for plaintiff by counterclaim) (insert address for service) To: (Defendant by counterclaim

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 209 or solicitor for the defendant by counterclaim) (insert address) ISSUED at _________________, Newfoundland and Labrador this ______day of __________________, 20_________ (Seal of the court) _______________________ Registrar 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of proceeding) Notice to Defendant(s) (by counterclaim) You are hereby notified that the plaintiff(s) (by counterclaim) may enter judgment in accordance with the statement of claim or such order as, according to the practice of the Court, the plaintiff (by counterclaim) is entitled to, without any further notice to you unless within _________ days, after service hereof upon you, you cause to be filed with the Supreme Court of Newfoundland and Labrador at ___________________ a defence and unless within the same time a copy of your defence is served upon the plaintiff(s) (by counterclaim) or the plaintiff’s solicitor(

s) at the plaintiff's (solicitor(

s) stated address(es) for service. Provided that if the claim is for a debt or other liquidated demand and you pay the amount claimed in the statement of claim and the sum of $__________ (or such sum as may be allowed on taxation) for costs to the plaintiff(s) (by counterclaim) or the plaintiff's solicitor(

s) within _________ days from the service of this notice upon you, then this proceeding will be stayed. To: (Defendant by counterclaim or solicitor for the defendant by counterclaim) (insert address) Endorsements RECEIVED on ___________________, the _______ day of _______________ 20___________

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 210 This statement of claim and attached notice to defendant(s) (by counterclaim) was served by me on the defendant(s) (by counterclaim), at ___________________, the _______ day of _______________ 20___________ before the hour of _________ .m.

Endorsed on ___________________, the _______ day of _______________ 20___________ ______________________ (Signed) (insert address) Affidavit of Service I, ___________________ of _______________ Street, (place) _____________________, Newfoundland and Labrador (insert occupation), make oath (or affirm) and say that I did on ___________________, the _______ day of _______________ 20___________, at approximately _________.m., serve, _______________________ with the within statement of claim by leaving a true copy of the same with ____________________personally at ____________________, and that I endorsed the date of the service thereon on ___________________, the _______ day of _______________ 20___________ SWORN (OR AFFIRMED) to at __________________ in the Province of ____________________ the _______ day of _______________ 20___________, before me ________________________ A C o m m i s s i o n e r , e t c .

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 211 Form 12.02A (rule 12.02) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) BETWEEN ______________________ PLAINTIFF AND ______________________ DEFENDANT AND ______________________ THIRD PARTY Third Party Notice TO THE THIRD PARTY: TAKE NOTICE that this proceeding has been brought by the plaintiff against the defendant and by the defendant against you as a third party.

In the proceeding, the plaintiff claims against the defendant __________________ (here state concisely the nature of the plaintiff's claim) as appears from the originating document, a copy of which is attached hereto as

Schedule A. AND TAKE NOTICE that the defendant also claims against you in respect of the claim set out in the statement of claim attached hereto as

Schedule B. AND TAKE NOTICE that you will be deemed to admit the plaintiff's claim against the defendant and the defendant's claim against you, and the defendant may enter judgment against you in accordance with the defendant's claim attached hereto as

Schedule B without further notice to you, unless (where a defence is to be filed) [within (insert the period of time prescribed by the Rules or order in the latter case, add the following words "being the period prescribed by order dated the the _______ day of _______________ 20___________,") days after the service of this third party notice upon you, excluding the day of service,

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 212 (

a) you or your solicitor cause your defence to the statement of claim to be filed with the Court by either delivering or mailing the defence to the Registry; and (

b) within the same time, you or your solicitor cause a copy of your defence to be served upon the defendant or the defendant's solicitor at the address given in the statement of claim for service by either delivering or mailing the copy to him or her at that address;] or, (where the application is to Court) — [unless you appear on the hearing of the originating document.].

Schedule A (Attach copy of originating document in the preceeding between the plaintiff and defendant)

Schedule B (Attach copy of the defendant's statement of claim or affidavit containing his claim against third party) _______________________ (Signed) (insert address) ISSUED at _________________, Newfoundland and Labrador this ______day of __________________, 20_________ (Seal of the court) _______________________ Registrar Endorsements RECEIVED on ___________________, the _______ day of _______________ 20___________ This third party notice was served by me on ____________________, before the hour of _________ .m. Endorsed on ___________________, the _______ day of _______________ 20___________

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 213 ______________________ (Signed) (insert address) Affidavit of Service I, ___________________ of _______________ Street, (place) _____________________, Newfoundland and Labrador, (insert occupation), make oath (or affirm) and say that I did on ___________________, the _______ day of _______________ 20___________, at approximately _________.m., serve, _______________________ with the third party notice by leaving the same with him or her personally at ____________________.

SWORN (OR AFFIRMED) to at __________________ in the Province of ____________________ the _______ day of _______________ 20___________, before me ________________________ A C o m m i s s i o n e r , e t c .

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 214 Form 27.03A (rule 27.03) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of proceeding) Applicant's Bond for a Recovery Order

WHEREAS the applicant, A.B., seeks to obtain a recovery order herein against C.D., to recover the property described in the schedule; NOW KNOW ALL MEN by these presents that I, A.B., as applicant, and (M.N. and O.P. as sureties) (upon the applicant depositing with the Court at __________________, Newfoundland and Labrador, the money or securities listed below as security hereunder) firmly (bind myself), (jointly and severally bind ourselves) to C.D., his or her executors, administrators or assigns, to pay to him, her or them the penal sum of _____________ Dollars upon breach of the following conditions, namely that the applicant shall, (

a) on the delivery of the property to the applicant, or the filing of a bond under rule 27.06 of the Rules of the Supreme Court, 1986 obtain, without delay, an order settling who is entitled to the ownership or possession of the property; (

b) return the property to the party or person from whom it was taken if the applicant fails without delay to obtain the order referred to in paragraph (a), or the Court so orders; and (

c) pay such damages and costs awarded by the Court against the applicant as the result of the issue of the recovery order; and upon the applicant fulfilling these conditions, or if the sheriff fails to recover any part of the property sought to be recovered herein and deliver the same to the applicant, this bond shall be void, but unless the Court otherwise orders, it shall remain in full force and effect. This bond shall enure to the benefit of and be binding upon the parties hereto, their and each of their executors, administrators, successors and assigns. Dated at _________________, Newfoundland and Labrador, this _______ day of _______________ 20___________

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 215 SIGNED, SEALED AND DELIVERED _____________________ in the presence of: ___________________________ ___________________________ ___________________________

Schedule (insert a description of the property sufficiently to identify it) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of proceeding) I________________________ of ______________________ in the Province of _____________________________ make oath (or affirm) and say that I was present and did see the within bond duly executed by the parties named therein, and that the name __________________________set and subscribed as a witness thereto, is of the proper handwriting of me, this deponent, and that the same was executed at ______________________ SWORN (OR AFFIRMED) AT ______________________, this _______ day of _______________ 20___________ before me ________________________ A C o m m i s s i o n e r , e t c . 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of proceeding) We, M.N. and O.P.____________________ of ____________________ in the Province of ____________________ and ____________________ of ____________________ in the Province of _______________________, severally make oath (or affirm) and say:

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 216 That we are the proposed sureties on behalf of A.B. __________________ the applicant named in the foregoing bond; and I the said M.N. ___________________ for myself make oath (or affirm) and say that I am worth property of the amount of ________ dollars, over and above all encumbrances, and over and above what will pay my debts and every other sum for which I am now bail, or for which I am liable as surety or endorser, or otherwise; and I the said ___________________ O.P. for myself make oath (or affirm) and say that I am worth property to the amount of ________ dollars over and above what will pay my debts, and every other sum for which I am now bail, or for which I am liable as surety or endorser, or otherwise.

The above named ___________________, and ___________________ were severally sworn (or affirmed) at _____________________ this _______ day of _______________ 20___________ before me ________________________ A C o m m i s s i o n e r , e t c .

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 217 Form 27.04A (rule 27.04) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of Proceeding) Interlocutory Recovery Order TO THE SHERIFF OF NEWFOUNDLAND AND LABRADOR: Before the Honourable ___________ Justice _________________ UPON being satisfied that the applicant has filed with this Honourable Court, an affidavit and bond in compliance with the Rules of the Supreme Court, 1986 which documents are open for inspection by any person IT IS ORDERED that, 1. the sheriff shall recover and take immediate possession of the following property described in the

schedule which is of the value of $__________ (insert description of the property sought to be recovered in the

schedule thereof, and make an inventory of the property so recovered); 2. when the property or any

part is recovered, the sheriff shall serve a true copy of this order on the party from whom the property is recovered, and on any adult person in possession of the property at the time possession is taken, and, where real property is recovered, shall post a true copy of this order in a conspicuous place thereon; 3. if the party from whom the property was recovered files a bond with the Court pursuant to rule 27.06 of the Rules of the Supreme Court, 1986 the Registrar shall deliver a certificate to the party stating the bond has been filed, and, on this certificate being delivered to the sheriff within three days after the service of this order on the party, the sheriff shall return the property to the party, otherwise the sheriff shall deliver possession of the property to the applicant; 4. upon delivery of the property to the applicant or upon filing the bond with the Court as provided in the preceding paragraph, the applicant shall forthwith continue the proceeding until judgment is entered; and

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 218 5. before the expiration of ninety days after the issue of this order, or within such further time as the Court orders, the sheriff shall file this order, with a report of any action taken by the sheriff hereunder, endorsed thereon or attached thereto, with the Court. DATED at __________________, Newfoundland and Labrador this ________ day of ________________, 20 ______. The solicitor for the applicant ____________________________ is ________________________________ of __________________________, Newfoundland and Labrador ________________ Registrar

Schedule (Insert description of the property sought to be recovered in the

schedule thereof, and make an inventory of the property so recovered.)

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 219 Form 27.06A (rule 27.06) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of Proceeding) Bond to Retain Property Under an Interlocutory Recovery Order

WHEREAS C.D. seeks to retain or recover property taken from C.D. under the interlocutory recovery order issued herein on the _______ day of _________________, _______, and is filing this bond with this Honourable Court in compliance with rule 27.06 of the Rules of the Supreme Court, 1986; NOW KNOW ALL MEN by these presents that I, C.D., as principal, and (M.N. and O.P. as sureties) (upon C.D. depositing with the Court at ________________, Newfoundland and Labrador, the money or securities listed below as security hereunder) firmly (bind myself,) (jointly and severally bind ourselves) to A.B., the applicant, for the interlocutory recovery order herein, his or her executors, administrators and assigns, to pay to him or her or them the penal sum of ___________ dollars upon breach of the condition that I, C.D. shall (

a) deliver the property retained or recovered by me from the sheriff herein, as listed in the inventory attached hereto, to the applicant if it is so ordered; or (

b) pay to the applicant when ordere d by the Court, an amount equal to the value of the property so retained or recovered which payment shall not exceed the amount secured by the bond; and upon C.D. fulfilling these conditions this bond shall be void, but unless the Court otherwise orders, it shall remain in full force and effect. This bond shall enure to the benefit of and be binding upon the parties hereto, each of their executors, administrators, successors and assigns. DATED at ____________________, Newfoundland and Labrador, this _______ day of ________________, _20_____. SIGNED, SEALED AND DELIVERED _____________________ in the presence of: ___________________________

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 220 ___________________________ ___________________________ (Attach inventory) (insert a description of the property to sufficiently identify it) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of Proceeding) I, _____________________ of ___________________ in the Province of _________________ make oath (or affirm) and say that I was present and did see the within bond duly executed by the parties named therein, and that the name _____________________ set and subscribed as a witness thereto, is of the proper handwriting of me, this deponent, and that the same was executed at __________________ SWORN (OR AFFIRMED) at ____________________ this _______ day of ________________, 20_____, before me _______________________ A Commissioner, etc. 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of Proceeding) We, M.N. of __________________ in the Province of _______________ and O.P. of __________________ in the Province of _______________, severally make oath (or affirm) and say: That we are the proposed sureties on behalf of C.D. _______________, the principal named in the foregoing bond; and I the said M.N. _______________

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 221 for myself make oath (or affirm) and say that I am worth property to the amount of ____________ dollars, over and above all encumbrances, and over and above what will pay my debts, and every other sum for which I am now bail, or for which I am liable as surety or endorser, or otherwise; and I the said _______________ for myself make oath and say that I am worth property to the amount of ____________ dollars over and above what will pay my debts, and every other sum for which I am now bail, or for which I am liable as surety or endorser, or otherwise.

The above named ______________________ and _________________________ were severally sworn (or affirmed) at __________________________ this _______ day of _______________________, 20_______, before me _______________________ A Commissioner, etc.

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 222 Form 27.13A (rule 27.13) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of Proceeding) Order for Sheriff to Deliver Possession of Property TO THE SHERIFF OF NEWFOUNDLAND AND LABRADOR: UPON READING the order of _______ Justice _________________ dated the ______day of __________________, 20_________, filed herein, that (the plaintiff, A.B., or the defendant, C.D., as the case may be) recover from (the defendant, C.D., or the plaintiff A.B., as the case may be) possession of (or as the case may be and describing the property) that was ordered to be recovered from the defendant (or plaintiff); IT IS ORDERED THAT you, as Sheriff of Newfoundland and Labrador, enter upon the lands of _____________________ and cause the plaintiff (or as the case may be) to have possession of the above described property; and IT IS FURTHER ORDERED THAT upon the execution of this order, you shall forthwith file it with the Court with a report on your doings under the order endorsed thereon.

ISSUED at _________________, Newfoundland and Labrador this ______day of __________________, 20_________ ___________________ Registrar

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 223 Form 47.01A (rule 47.01(2)(a)) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of Proceeding) Order for Examination of Persons within the Jurisdiction Before the Honourable _______ Justice _________________________ ON HEARING ____________________, and ON READING the affidavit of _________________________, sworn to (or affirmed) on the _______ day of ________________, _20_____.

IT IS ORDERED THAT A.B.,of ___________________, and C.D., of __________________ persons to be examined on behalf of the (plaintiff) (defendant) and any other person as solicitors or agents of the parties mutually request the examiner in writing to examine, be orally examined, cross-examined and re-examined on oath or affirmation, before _____________________, as Examiner.

AND IT IS ORDERED THAT the examiner appoint a time and place for the examination and give ________ days notice in writing of the time and place to each person to be examined and to each party, his or her solicitor or agent, unless the notice is waived.

AND IT IS ORDERED THAT the depositions taken at the examination, together with any book, letter, paper or document referred to therein, or certified copies of the same or extracts therefrom be filed with the Supreme Court of Newfoundland and Labrador at __________________ and that a certified copy may be read and used in evidence at the (trial) (hearing) of this proceeding, saving all just exceptions, without any further proof of the absence at the (trial) (hearing) of any of the persons examined other than the affidavit of the solicitor or agent of the party using the same, as to his or her belief, and that the costs of this application and the examination be ___________________________.

DATED at ______________________, Newfoundland and Labrador this _______ day of ________________, _20_____. ___________________ Registrar

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 224 Form 47.01B (rule 47.01(2)(b)) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of Proceeding) Order for Examination of Persons Out of the Jurisdiction Before the Honourable _______ Justice _________________________ ON HEARING ____________________, and ON READING the affidavit of _________________________, sworn to (or affirmed) on the _______ day of ________________, _20_____.

IT IS ORDERED THAT _______________________ of __________________, is appointed an examiner for the purpose of taking the examination, cross- examination and re-examination orally, on oath or affirmation, of A.B., of ________________________, and C.D. of _____________________ persons to be examined on the part of the (plaintiff) (defendant), and of any other persons as the solicitors or agents of the parties shall mutually request the examiner in writing to examine, _____________________ in (name of province, territory or country).

AND IT IS ORDERED THAT the solicitor for the applicant give to the solicitor of each of the other parties __________ days notice in writing of the date on which the solicitor for the applicant proposes to send out this order to the examiner for execution, and that __________ days after the service of the notice the solicitors for the parties respectively do exchange the names of their solicitors or agents at ______________________, to whom notice relating to the examination of the persons may be sent.

AND IT IS ORDERED THAT ________ days notice (exclusive of Saturday and Sunday) before the examination of any person hereunder shall be given by the examiner to the solicitor or agent of each of the parties and to each person to be examined unless the notice is waived. AND IT IS ORDERED THAT the examination be conducted in accordance with the enclosed instructions, with such modifications as may be necessary.

AND IT IS ORDERED THAT the depositions when taken, together with any book, letter, paper or document, referred to therein, or certified copies of the same or extracts therefrom, be sent by the examiner, under seal, to the Supreme Court of Newfoundland and Labrador at _________________, on or before the _______

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 225 day of ______________________, 20_______, or such further or other day as may be ordered, thereto to be filed. AND IT IS ORDERED THAT either party be at liberty to read and use the depositions in evidence on the (trial) (hearing) of this proceeding, saving all just exceptions, without any further proof of the absence at the (trial) (hearing) of the persons examined other than the affidavit of the solicitor or agent of the party using the same as to his or her belief.

AND IT IS ORDERED THAT the (trial) (hearing) of this proceeding is stayed until the filing of the depositions, and that the costs of and incidental to this order and the examination be ____________________. DATED at ______________________, Newfoundland and Labrador this _______ day of ________________, _20_____. ___________________ Registrar

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 226 Form 47.01C (rule 47.01(2)(c)) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of Proceeding) Order for Issue of a Letter of Request of Judicial Authority Out of the Jurisdiction Before the Honourable _______ Justice _________________________ ON HEARING ____________________, and ON READING the affidavit of _________________________, sworn to (or affirmed) on the _______ day of ________________, _20_____.

IT IS ORDERED THAT a letter of request be issued directed to the proper judicial authority for the examination of the following persons, namely: E.F. of _______________________, G.H. of _____________________ and such other persons as the solicitors or agents of the parties shall mutually request the judicial authority in writing to examine.

AND IT IS ORDERED THAT the depositions taken pursuant thereto, when received, be filed with the Supreme Court of Newfoundland and Labrador at, _______________________, Newfoundland and Labrador, and that the certified copy thereof may be read and used in evidence on the (trial) (hearing) of this proceeding, saving all just exceptions, without any further proof of the absence at the (trial) (hearing) of any of the persons examined other than the affidavit of the solicitor or agent of the party using the same as to his or her belief.

AND IT IS ORDERED THAT the (trial) (hearing) of this proceeding be stayed until the depositions have been filed, and that the costs of and incidental to this order, letter of request and examination be _________________________. DATED at ______________________, Newfoundland and Labrador this _______ day of ________________, _20_____. ___________________ Registrar

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 227 Form 47.01D (rule 47.01(2)(c)) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of Proceeding) Letter of Request for Examination of Witness Out of the Jurisdiction To the Judicial Authority of ________________ in the ____________ of _____________________

WHEREAS a proceeding is now pending in the Supreme Court of Newfoundland and Labrador, Trial Division (General / Family) in which A.B. is plaintiff and C.D. is defendant and in which the plaintiff claims __________________ (set out particulars of claim); AND

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

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

AND I FURTHER REQUEST THAT you will permit the solicitors or agents of any party, or such of them as shall be present to examine orally or by interrogatories, any person, as may, after due notice in writing, be produced on his or her behalf, and the opposing party to cross-examine the person orally or by interrogatories, and the party producing the person for examination to re-examine him or her orally or by interrogatories.

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 228 AND I FURTHER REQUEST THAT you will be pleased to cause the evidence of any such person to be reduced into writing, and any book, letter, paper and document produced on the examination to be duly marked for identification, and that you will be further pleased to authenticate the depositions taken on the examination and any book, letter, paper or document, or a certified copy of the same or any extract therefrom by the seal of your tribunal or in such other ways as is in accordance with your procedure, and to return the same, together with any interrogatories and a note of the charges and expenses payable in respect of the execution of this request to the Under Secretary of State for External Affairs of Canada at ___________________, Ottawa, Canada, for transmission to the Registrar, at ___________________, Newfoundland and Labrador.

AND I FURTHER REQUEST THAT you will cause the examination to be conducted in accordance with the enclosed instructions, with such modifications as may be necessary. DATED at ______________________, Newfoundland and Labrador this _______ day of ________________, _20_____. ________________________ Judge of the Trial Division of the Supreme Court of Newfoundland and Labrador

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 229 Form 49.18A (rule 49.18(2)) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of Proceeding) Notice of Disallowance TO: A.B., ________________ Street ___________________, Newfoundland and Labrador TAKE NOTICE THAT on the adjudication of the claims of the creditors and other claimants (or as the case may be) in the above proceeding, the Honourable __________ Justice _____________________, by order dated the ________ day of ________________, 20_______, (allowed your claim in the mount of $___________) (disallowed your claim); AND TAKE NOTICE THAT if you are dissatisfied with the amount allowed or the disallowance of your claim, you must, within ten days from the receipt of this notice apply to the Supreme Court of Newfoundland and Labrador, Trial Division, for a further rehearing of your claim otherwise the above adjudication will be final and binding upon you.

ADDRESS: (insert the address of the Supreme Court of Newfoundland and Labrador) DATED at ______________________, Newfoundland and Labrador this _______ day of ________________, _20_____. ___________________ Registrar

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 230 Form 52.02B (rule 52.02) 20_____ ____G _______ In the Supreme Court of Newfoundland and Labrador Trial Division (General) (Title of Proceeding) Receivership Order Before the Honourable __________ Justice __________________ UPON HEARING M.N., for the plaintiff, and O.P., for the defendant, AND UPON READING the affidavit of, etc.: IT IS ORDERED THAT Q.R. be appointed a receiver, upon first giving security as herein provided, to (receive the rents, profits and moneys receivable in respect of the defendant’s interest in the following property, namely (describe property) in or towards satisfaction of the order herein, and dated the _______day of ________________, 20____ , that ordered the defendant to pay to the plaintiff the sum of $__________ dollars and the sum of $__________ dollars costs, together with interest as therein provided) or (as the case may be); IT IS FURTHER ORDERED THAT Q.R. shall not act as a receiver hereunder until there is filed with the Court a bond in an amount equal to one and one quarter times the amount of the judgment entered herein, with two sufficient sureties or other sufficient security approved by the Court, on condition that the receiver will comply with all the terms and conditions of this order; IT IS FURTHER ORDERED THAT the appointment of the receiver herein is made without prejudice to the right of any prior encumbrancer to take possession of the property by virtue of the encumbrancer’s lien or security; IT IS FURTHER ORDERED THAT the receiver may, if the receiver considers it necessary, (out of the rents, profits and moneys to be received by the receiver, pay the interest due upon any prior encumbrance, according to its priorities, and be allowed the payments on the passing of his or her accounts), (or as the case may be); (IT IS FURTHER ORDERED THAT the tenants of the property attorn and pay their rents, in arrears or due in the future, to the receiver until the termination of this order);

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 231 IT IS FURTHER ORDERED THAT the receiver shall, on the _______day of _______________ , 20____ , and at such further and other times as may be ordered by the Court, file his or her accounts with the Court and have them passed by the Court; IT IS FURTHER ORDERED THAT the costs of the receiver, including the receiver’s remuneration, shall not exceed _______ per cent of the amount recovered by the receiver hereunder, which costs shall be approved by the Court; AND IT IS FURTHER ORDERED THAT the balance remaining in the hands of the receiver shall, unless it is otherwise ordered by the Court, be paid forthwith by the receiver into Court to the credit of the proceeding, subject to any further order.

AND IT IS FURTHER ORDERED THAT the defendant, by himself, herself or itself or his, her or its servants or agents, is restrained and an injunction is hereby granted restraining them, or any of them, until the Court otherwise orders, from (selling, charging or otherwise dealing with the above property) or (as the case may be); AND IT IS FURTHER ORDERED THAT any of the parties or the receiver may apply to the Court from time to time for a further order. DATED at _________________, Newfoundland and Labrador, this _______day of _________________, 20______. ___________________ Registrar

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 232 Form 56.04A (rule 56.04) In the Supreme Court of Newfoundland and Labrador Trial Division (General) Notice of Application In the Estate of ____________________, of the _______ of _______________ in the Province of _____________________, _______________ (occupation), deceased, who died on or about the ________ day of _______________, 20_____ FIVE DAYS after the date hereof, application will be made to one of the judges of the General Division of the Supreme Court of Newfoundland and Labrador, for Letters of ______________ to be granted to ____________________ Dated at _______________, Newfoundland and Labrador, this ________ day of _______________, 20_____ Address for Service: ______________________ Applicant or Solicitor for Applicant ______________________ ______________________ Telephone No._________________ Note: This Notice of Application will lapse and be of no further force or effect 6 months from the date of its posting in the Registry of the Court unless within that time an application for letters of probate or administration, as the case may be, is filed with the Court, or unless, within that time, a Caveat opposing such application is filed with the Court.

I HEREBY CERTIFY that the above Notice of Application has been posted in the Registry of the Court from the date thereof to the present day, and that no caveat or other objection has been entered. DATED the ________day of _______________, 20_____. ___________________ Registrar

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 233 Form 56.33E (rule 56.33) In the Supreme Court of Newfoundland and Labrador Trial Division (General) In the Estate of _______________________, deceased.

Letters of Probate BE IT KNOWN that on the ________day of _______________, 20_____ the last Will and Testament of _____________________ late of __________________ in the Province of Newfoundland and Labrador ___________________ deceased, who died on or about the ________day of _______________, 20_____ at ______________________ was proved and registered in the aforesaid Court a true copy of which said last Will and Testament is hereunder written and that the administration of all and singular the estate and effects of the said deceased was granted by the aforesaid Court to ._________________________ the execu______ named in the said Will ______________ having been first sworn well and faithfully to administer the same by paying the just debts of the deceased, and the legacies contained in the said Will _______________ so far as thereunto bound by law, and by distributing the residue (if any) according to law and to exhibit under oath a true and perfect inventory of all and singular the said estate and effects, and to render a just and true account thereof whenever required by law so to do. ___________________ Registrar ========================================== In the Supreme Court of Newfoundland and Labrador Trial Division (General) ----------------- In re deceased. ------------------------------ Letters of Probate ------------------------------ Entered

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 234 Folio Volume ========================================== By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file with the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with.

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 235 Form 56.33F (rule 56.33) In the Supreme Court of Newfoundland and Labrador Trial Division (General) In the Estate of _______________________, deceased.

Letters of Administration BE IT KNOWN that on the ________day of _______________, 20_____ Letters of Administration of all and singular the estate and effects of _________________ late of ______________________ in the Province of Newfoundland and Labrador ___________________ deceased, who died on or about the ________day of _______________, 20_____ at ____________________intestate, were granted by the Supreme Court to ______________________ having first sworn well and faithfully to administer the same by paying the just debts of the said intestate, and distributing the residue (if any) of ________ estate and effects according to law and to exhibit a true and perfect Inventory of all and singular the said estate and effects, and render a just and true account thereof whenever required by law so to do. ___________________ Registrar ========================================== In the Supreme Court of Newfoundland and Labrador Trial Division (General) ----------------- In re deceased. ------------------------------ Letters of Administration ------------------------------ Entered Folio

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 236 Volume ========================================== By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file with the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with.

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 237 Form 56.33G (rule 56.33) In the Supreme Court of Newfoundland and Labrador Trial Division (General) In the Estate of _______________________, deceased. Letters of Administration with Will Annexed BE IT KNOWN that __________________ late of ____________________ in the Province of Newfoundland and Labrador, _________________ deceased, who died on the ________day of _______________, 20_____, at ___________________ made and duly executed _______ last Will and Testament, a copy of which is hereunder written.

BE IT FURTHER KNOWN that on the ________day of _______________, 20_____, Letters of Administration with the said Will annexed of all and singular the estate and effects of the said deceased were granted by the Supreme Court to _____________________________ having been first sworn (or affirmed) well and faithfully to administer the same, by paying the just debts of the said deceased and the legacies contained in the said Will _______________ and distributing the residue of the said estate and effects, according to law, and to exhibit a true and perfect inventory of all and singular the said estate and effects, and to render a just and true account thereof whenever required by law so to do. ___________________ Registrar ========================================== In the Supreme Court of Newfoundland and Labrador Trial Division (General) ----------------- In re deceased. ------------------------------ Letters of Administration with Will Annexed ------------------------------

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 238 Entered Folio Volume ========================================== By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file with the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with.

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 239 Form 56.33H (rule 56.33) In the Supreme Court of Newfoundland and Labrador Trial Division (General) In the Estate of _______________________, a minor.

Letters of Guardianship, Minor BE IT KNOWN that on the ________day of _______________, 20_____, Letters of Guardianship of the Estate and Effects of __________________ minor child of _____________________ of ___________________ in the Province of Newfoundland and Labrador ___________________ were granted by the Supreme Court of Newfoundland and Labrador to_______________________________ having been first sworn (or affirmed) well and faithfully to manage to the best advantage the property of the said minor committed to his or her care, and to pay and dispose of such Estate in such manner as the Court shall direct, and well and truly to perform and discharge all the duties which belong to him or her as guardian of the Estate of the said minor according to the laws of this Province, and to render a just and true account thereof to the Supreme Court when thereunto lawfully required, or to the said minor when he or she shall become of age. ___________________ Registrar ========================================== In the Supreme Court of Newfoundland and Labrador Trial Division (General) ----------------- In re a minor. ------------------------------ Letters of Guardianship ------------------------------ Entered Folio

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 240 Volume ========================================== By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file with the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with.

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 241 Form 56.33I (rule 56.33) In the Supreme Court of Newfoundland and Labrador Trial Division (General) In the Estate of _______________________, a mentally disabled person.

Letters of Guardianship, Mentally Disabled Person BE IT KNOWN that on the ________day of _______________, 20_____, Letters of Guardianship of the Estate and Effects of __________________ mentally disabled person, of _____________________ in the Province of Newfoundland and Labrador, ___________________ (occupation) were granted by the Supreme Court of Newfoundland and Labrador to_________________, of ______________ , in the Province of Newfoundland and Labrador, ______________ (occupation), having been first sworn (or affirmed) well and faithfully to manage to the best advantage the property of the said mentally disabled person committed to his or her care, and to pay and dispose of such Estate in such manner as the Court shall direct, and well and truly to perform and discharge all the duties which belong to him or her as guardian of the Estate of the said mentally disabled person according to the laws of this Province, and to render a just and true account thereof to the Supreme Court when thereunto lawfully required, or to the said mentally disabled person when he or she shall become competent. ___________________ Registrar ========================================== In the Supreme Court of Newfoundland and Labrador Trial Division (General) ----------------- In re a mentally disabled person. ------------------------------ Letters of Guardianship ------------------------------ Entered

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 242 Folio Volume ========================================== By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file with the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with.

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 243 Form 56A.06A (rule 56A.06) In the Supreme Court of Newfoundland and Labrador Trial Division (General / Family) Court No. ___________________ Court File No. ___________________ Divorce Registry No. ___________________ B E T W E E N : ____________________________ APPLICANT AND: ____________________________ RESPONDENT Notice to Respondent An Originating Application has been made for an order against you. The details are set out in the attached Originating Application.

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

You must file a property statement in Form 56A.27C if a claim for division of matrimonial property or a claim for division of property of common law spouses has been made. If the application relates to child support, you must also file with the Court and serve on the Applicant each of the following within the time set out above:

Rules of the Supreme Court, 1986 (Amendment) 36/14 The Newfoundland and Labrador Gazette April 17, 2014 244 • written statement from your em ployer confirming your year to date earnings, including overtime and rate of annual pay; • copies of your tax return for the last 3 years; and • copies of the notices of assessment or re-assessment issued by Canada Revenue Agency with respect to each of the last 3 years tax returns. You may contact Canada Revenue Agency at 1-800- 959-8281. If you have income from self-employment, a partnership, or a corporation in which you have a controlling interest, or if you are a beneficiary of a trust, you must also comply with su