O. LXVIII, in the first instance make an order absolute for the writ to rr. 2, 3. 874 Issue of writ on Judge's order. 875 Writ may be returnable be Appeal or any with writ. issue, and the Registrar shall issue the same accordingly. If issued by order of a Judge it shall bear the same date as the order. R. 5, S. C. M. T. 1899. 2. On production of such Order, where made by a Judge, to the Registrar he shall issue the writ in accordance therewith, and shall indorse on the writ the following memorandum: "This writ is issued by order of Mr. Justice dated the day of A.D. ." R. 6, S. C. M. T. 1899, am. 3. Any such writ whether issued by the order of the Court fore Court of of Appeal or a Judge may be made returnable either to the Court of Appeal or before any Judge in Court. On granting Rule or order the writ the Court or Judge shall grant a rule or order to show cause, specifying the grounds upon which the said writ issued and the time and place of its return, and directing within what time and upon whom the affidavits upon which the application is based or such parts of them as may be considered necessary, shall be served. The order when made by a Judge may be in the following form: Form of order IN THE SUPREME COURT OF JUDICATURE. by Judge. EX PARTE Whereas application has this day been made to me on behalf of (name of applicant) for an order for a writ of certiorari to remove into this Court a certain conviction made before (or other record view to the same And whereas, on or proceeding, as the case may be) with a to show cause why the said conviction should not be quashed or such order made as may seem right. order and direct that the affidavits of rr. 4. 5. And I do further . LXVIII, (with or with out exhibits) on which the application is based together with this order be served on the said day of further order. on or before the next. And let all proceedings be stayed until The said writ was granted on the following grounds, (state Grounds upon grounds distinctly). which writ granted. 876 return of writ. 4. On the return of the writ cause may be shown upon Order on affidavits, or otherwise, and the matter may be dealt with in all respects and such order made as the Court or Judge hearing the same shall deem necessary or right. R. 8, S. C. M. T. 1899. 877 Court of 5. Any Judge before whom in open Court any such ap- Transfer to plication may be pending, may at any time after the writ is Appeal. returned, transfer the same to the Court of Appeal and direct the same to be entered on the Crown paper for argument; and thereafter such proceeding or matter shall be heard, determined and disposed of as though the writ had originally been made returnable before the Court of Appeal. R. 9, S. C. M. T. 1899. ORDER LXIX. TIME. O. LXIX, rr. 1, 2. 878 "month." 1. Where by these Rules, or by any judgment or order Meaning of given or made after the commencement of the principal Act, [Cf. R. 342, (O)]. time for doing any act or taking any proceeding is limited by months, and where the word "month" occurs in any document which is part of any legal procedure under these Rules, such time shall be computed by calendar months, unless otherwise expressed. O. 64, r. 1, (E). See C. S. 1903, c. 1, s. 8 (27). 879 holidays. 2. Where any limited time less than six days from or Exclusion of after any date or event is appointed or allowed for doing any [Cf. R. 343, (O)]. O. LXIX, rr. 3-8. 880 Time expiring on Sunday, etc. [Cf. R. 315, (O)]. 881 Time for giving secur when not to be reckoned. act or taking any proceeding, holidays as defined by The Interpretation Act shall not be reckoned in the computation of such limited time. O. 64, r. 2, (E), am. 3. Where the time for doing any act or taking any proceeding expires on a Sunday or other day on which the offices are closed, the act or proceeding shall, so far as regards the time of doing or taking the same, be held to be duly done or taken on the next juridical day. O. 64, r. 3, (E), am. 4. The day on which an order for security for costs is ity for costs, served, and the time thenceforward until and including the day on which such security is given, shall not be reckoned in the computation of time allowed for taking any proceeding in the cause or matter. O. 64, r. 6, (E), am. [Cf. R. 346, (O)]. 882 Power of Court or Judge to enlarge or [R. 353, (O)] abridge time. 883 Enlargement of time by consent. [R. 347, (O)]. 884 Time for service of 5. The Court or a Judge may enlarge or abridge the time appointed by these Rules, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed. O. 64, r. 7, (E); C. S. 1903, c. 112, s. 109. 6. The time for delivering, amending, or filing any pleading, answer, or other document may be enlarged by consent in writing, without application to the Court or a Judge. O. 64, r. 8, (E); C. S. 1903. c. 112, s. 110. 7. Service of pleadings, notices, summonses, orders, rules, pleadings, etc and other proceedings, shall be affected before the hour of six in R. 349, (0)]. the afternoon, except on Saturdays, when it shall be affected before the hour of one in the afternoon. Service affected after six in the afternoon on any week-day except Saturday shall, for the purpose of computing any period of time subsequent to such service, be deemed to have been affected on the following day. Service affected after one in the afternoon on Saturday shall for the like purpose be deemed to have been affected on the following Monday. O. 64, r. 11, (E), am. 885 How days computed. 8. In any case in which any particular number of days, [Cf. R. 344, (0)]. not expressed to be clear days, is prescribed by these Rules, the same shall be reckoned exclusively of the first day and in clusively of the last day, unless the last day shall happen to fall on a holiday, in which case the time shall be reckoned exclusively of that day also. O. 64, r. 12, (E), am.; C. S. 1903, c. 111, s. 392. O. LXIX, rr. 9-11. 886 notice after year. 9. In any cause or matter in which there has been no pro- Length of ceeding for one year from the last proceeding had, the delay of one party who desires to proceed shall give a month's notice to the other party of his intention to proceed. A summons on which no order has been made shall not, but notice of trial although countermanded shall, be deemed a proceeding within this Rule. O. 64, r. 13, (E). 887 award. 10. An application to set aside an award may be made at Time for application to any time before the last day of the sittings next after such set aside award has been made and published to the parties. O. 64, r. 14, (E). 888 time for 11. Where the time for making an award is enlarged, the Enlarging enlargement shall be deemed to be for one month unless a award." different time is specified in the order. O. 64, r. 14a., (E). ORDER LXX. COSTS. 0. LXX, rr. 1, 2. 889 discretion of [Cf.R.S.O. 1897, 1130 (1), (2), (O)]. 1. Subject to the provisions of the principal Act and Costs in these Rules, the costs of and incident to all proceedings in the Court Supreme Court of Judicature, including the administration of c. 51. s. 119; R. estates and trusts, shall be in the discretion of the Court or Judge; provided that nothing herein contained shall deprive an executor, administrator, trustee, or mortgagee who has not unreasonably instituted or carried on or resisted any proceedings of any right to costs out of a particular estate or fund to which he would be entitled according to the rules hitherto acted upon in the Supreme Court in Equity; provided also that, where any action, cause, matter, or issue is tried with a jury, the costs shall follow the event, unless the Judge by whom such action, cause, matter, or issue is tried, or the Court, shall, for good cause, otherwise order. O. 65, r. 1, (E). 890 2. When issues in fact and law are raised upon a claim or Costs of issues counterclaim, the costs of the several issues respectively, both event. in law and fact, shall, unless otherwise ordered, follow the (0)). to follow '0. LXX, rr. 3-5. 891 Costs where amount recovered within County Court jurisdiction. event. And an order giving a party costs except so far as they have been occasioned or incurred by or relate to some particular issue or part of his proceedings shall be read and construed as excluding only the amount by which the costs have been increased by such issue or proceedings; but the Court or Judge, if the whole costs of the action or other proceeding are not intended to be given to the party, may wherever practicable by the order direct taxation of the whole costs and payment of such proportion thereof, as the Court or Judge shall determine. O. 65, r. 2, (E). 3.-(1) If in any action brought in the Supreme Court of Judicature that could have been brought in a County Court, the plaintiff shall recover no greater amount than might have [Cf. O. 65, r. 12, been recovered in a County Court, he shall be allowed costs according to the table of fees in County Courts, and no more, unless the Judge who tried the cause shall certify that there was good cause for bringing the action in the Supreme Court of Judicature. C. S. 1903, c. 111, s. 379. (E)). Costs where acceptance of judgment by default for amount within County Court jurisdiction. (2) Where, in a suit. in the Supreme Court of Judicature, offer to suffer the plaintiff accepts an offer to suffer judgment by default for an amount which is within the jurisdiction of a County Court, the plaintiff shall only have County Court costs, unless a Judge of the Supreme Court of Judicature shall, on hearing the parties, certify that there was, in his opinion, good cause for bringing the action in the Supreme Court of Judicature. C. S. 1903, c. 111, s. 192. 892 Personal liability of solicitor to pay costs. 893 Security for costs. 4. Where upon the trial of any cause or matter it appears that the same cannot conveniently proceed by reason of the solicitor for any party having neglected to attend personally, or by some proper person on his behalf, or having omitted to deliver any paper necessary for the use of the Court or Judge and which, acccording to the practice, ought to have been delivered, such solicitor shall personally pay to all or any of the parties such costs as the Court or Judge shall think fit to award. O. 65, r. 5, (E). 5. In any cause or matter in which security for costs is [R. 1201, (0)) required, the security shall be of such amount, and be given at such times, and in such manner and form, as the Court or a Judge shall direct. O. 65, r. 6, (E). |