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Crown Liability and Proceedings (Provincial Court) Regulations (SOR/91-604)

Regulations are current to 2019-11-19 and last amended on 2018-11-23. Previous Versions

Confession of Judgment

  •  (1) The Attorney General may, at any stage of the proceedings, file in the court a confession of judgment either for a part or the whole of the claim against the Crown.

  • (2) The plaintiff may, at any time within 30 days after the plaintiff has received notice of a confession filed under subsection (1), file, and serve on the Deputy Attorney General, a notice in writing of the plaintiff’s acceptance or refusal of such confession of judgment and, in the event of acceptance, the court or a judge may order that judgment be entered accordingly, with such provision as to costs as the court or the judge deems just in the circumstances.

  • (3) If the plaintiff has given notice within the time referred to in subsection (2) to the Deputy Attorney General of the plaintiff’s refusal of a confession of judgment, or if the plaintiff has not given any notice under subsection (2) within the period of time referred to therein, the matter shall be determined in the ordinary manner.

  • (4) If, on the final disposition of an action in which a confession of judgment has been made and has not been accepted, the plaintiff does not recover a larger sum than the one offered by the confession of judgment, the Crown, whatever the result of the action, shall be entitled to costs incurred after the date of filing of the confession.

  • (5) No confession of judgment filed under this section shall be accepted as evidence against the Crown, either in the action in which it was filed or in any other action or suit.

  • (6) No provision in any provincial rules relating to confessions of judgment has any application in proceedings under Part II of the Act.

General

 Where, by or under the provincial rules, the Attorney General or an agency of the Crown would, if the Crown were a person, be required or permitted to do anything in relation to any matter not expressly dealt with in these Regulations, within a certain period of time, a period of 14 days is to be added to the time otherwise allowed for doing that thing.

  • SOR/2018-255, s. 4

 No order for security for costs may be made against the Crown.

 Rules of the court relating to taxation of costs between solicitor and client have no application as between the Attorney General and the agents or mandataries of the Attorney General.

  • SOR/2018-255, s. 5(E)
 
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