Recent changes to the Rules of the Supreme Court, 1986, SNL
1986, c 42, Sch D
On December 14, 2012, several changes were made to the Rules of
the Supreme Court. These changes include: who may act as
representative plaintiffs, settlement offers, and contingency
Public trustee replaces registrar
Changes have been made to the rules which dictate who may act as
a representative plaintiff in applications for certification, where
all the members of the group are under disability. The old Rule
7A.04 allowed a parent, guardian or the registrar to act, whereas
now the registrar is replaced with the public trustee.
The same is true for Rule 56.30 with regards to probate and
administration of the estate of a mentally disabled person. This
rule has been updated to reflect that any role played by the
registrar should now be changed to the public trustee.
Settlement offers under Rule 20A.08
As of February 1, 2013, changes will impact the current
provisions for failing to accept a settlement offer, imposing
greater penalties to litigants who fail to accept an offer more
favourable to an eventual outcome.
Under the new rules, if the plaintiff makes a settlement offer
which is refused and the outcome is more favourable than the offer,
the plaintiff will be entitled to double party and party costs plus
taxed disbursements after the date of service of the offer.
If the defendant makes a settlement offer and the outcome is no
more favourable for the plaintiff than that offer, the defendant
will be entitled to party and party costs after the date of the
If the defendant makes a settlement offer which is refused by
the plaintiff, and the claim is dismissed at trial, the defendant
will be entitled to party and party costs to the date of the offer
and double party and party costs thereafter.
There will be a new rule regarding the scale of costs, dictating
that once a judgment is awarded under a column of costs, that
column cannot later be changed if settlement offer consequences
The substantive cost consequences are not applicable to family
The determinative date as to whether the new or old rules will
apply is the date of the hearing of the matter. Therefore, offers
and applications made under the old rules heard after February 1,
2013 will be considered under the new rules unless a successful
argument is made otherwise.
While contingency agreements formally had to be filed with the
court under Rule 55.16, this is now repealed and the requirement is
only to provide a copy of the signed agreement to the client.
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