Rules of Civil Procedure

Each of the rules is available as an Adobe PDF file. These Rules of Civil Procedure are updated in September of each year and a notice is placed on the website that a particular Rule or Rules have been updated. Since the Supreme Court of P.E.I. adopted the Ontario Rules of Civil Procedure in 1990, a substantial number of written decisions have been given by the Court addressing issues of interpretation and application of the Rules. The Annotated Rules collect and summarize these decisions.

 

LISTED AMENDMENTS

TABLE OF CONTENTS

GENERAL MATTERS

  1. Citation, Application and Interpretation
  2. Non-compliance with the Rules
    2.1 General powers to stay or dismiss if vexatious, etc.
  3. Time
  4. Court Documents
    4.1 Duty of Expert

 

PARTIES AND JOINDER

  1. Joinder of Claims and Parties
  2. Consolidation or Hearing Together
  3. Parties under Disability
  4. Partnerships and Sole Proprietorships
  5. Estates and Trusts
  6. Representation Order
  7. Transfer or Transmission of Interest
  8. Class Proceedings and Other Representative Proceedings
  9. Intervention

 

COMMENCEMENT OF PROCEEDINGS

  1. Originating Process
  2. Representation by Lawyer

 

SERVICE

  1. Service of Documents
  2. Service outside Prince Edward Island
  3. Time for Delivery of Statement of Defence

 

DISPOSITION WITHOUT TRIAL

  1. Default Proceedings
  2. Summary Judgment
  3. Determination of an Issue before Trial
  4. Special Case
    22.1 Advance Payments in Tort Actions
  5. Discontinuance and Withdrawal
  6. Dismissal of Action for Delay

 

PLEADINGS

  1. Pleadings in an Action
  2. Amendment of Pleadings
  3. Counterclaim
  4. Crossclaim
  5. Third Party Claim
    29.2 Proportionality in Discovery

 

DISCOVERY

  1. Discovery of Documents
       30.1 Deemed Undertaking
  2. Examination for Discovery
  3. Inspection of Property
  4. Medical Examination of Parties

 

EXAMINATION OUT OF COURT

  1. Procedure on Oral Examinations
  2. Procedure on Examination for Discovery by Written Questions
  3. Taking Evidence before Trial

 

MOTIONS AND APPLICATIONS

  1. Motions - Jurisdiction and Procedure
  2. Applications - Jurisdiction and Procedure
  3. Evidence on Motions and Applications

 

PRESERVATION OF RIGHTS IN PENDING LITIGATION

  1. Injunctions and Mandatory Orders
  2. Appointment of Receiver
  3. Certificate of Pending Litigation
  4. Interpleader
  5. Interim Recovery of Personal Property
  6. Interim Preservation of Property

 

PRE-TRIAL PROCEDURES

  1. Place of Trial
  2. Jury Notice
  3. Setting Down for Trial
  4. Offer to Settle
  5. Pre-Trial Conference
       50.1 Settlement Conferences
  6. Admissions

 

TRIALS

  1. Trial Procedure
  2. Evidence at Trial

 

REFERENCES

  1. Directing a Reference
  2. Procedure on a Reference

 

COSTS

  1. Security for Costs
  2. Costs of Proceedings Between Party and Party and Between Lawyer and Client
  3. Assessment of Costs

 

ORDERS

  1. Orders
  2. Enforcement of Orders

 

APPEALS

  1. Appeals to the Court of Appeal
  2. Appeals to the Supreme Court
  3. Stay Pending Appeal

 

PARTICULAR PROCEEDINGS

  1. Mortgage Actions
  2. Estates of Deceased Persons
  3. Partition Proceedings
  4. Proceedings concerning the Estates of Infants
  5. Proceedings for Judicial Review
  6. Proceedings under the Public Trustee Act
  7. Divorce Actions
  8. Family Law Proceedings
  9. Payment into and out of Court
  10. Reciprocal Enforcement of United Kingdom Judgments
  11. Small Claims
  12. Quick Ruling
       75.1 Simplified Procedure
       75.2 Stated Case Procedure

 

JUDGES' RULES

  1. Winding-Up Act, R.S.C. 1985, c. W-10
  2. Controverted Elections (Provincial) Act
  3. Dominion Controverted Elections Act
  4. Judicial Review Re S. 745(5) of the Criminal Code
  5. Criminal Rule Re Pre-Trial Conferences under S. 625.1(2) of the Criminal Code
  6. Summary Conviction Appeal Rule
  7. Criminal Appeal Rule
  8. Mandamus, Certiorari, Prohibition and Habeas Corpus in Criminal Matters
Resources