(n), ARTICLE 1661. A guaranty is gratuitous, unless there is a stipulation to the contrary. (7) Documents to be sent to a person under this rule shall be sent to a person either by e-mail to the persons last known e-mail address or by mail or courier to the persons last known address. 171/98, s.22(1); O.Reg. 1990, Reg. (n). 7.02 (1) Any person who is not under disability may act, without being appointed by the court, as litigation guardian for a plaintiff or applicant who is under disability, subject to subrule (1.1). 689/20, s. 50; O. Reg. 411. (4) The notice of appeal (Form 62A) shall state the relief sought and the grounds of appeal, and no grounds other than those stated in the notice may be relied on at the hearing, except with leave of the judge hearing the appeal. (i) a draft order for directions or of the judgment sought, as the case may be. If the property donated was movable, the co-heirs shall only have a right to select an equivalent of other personal property of the inheritance at its just price. (a) relieve a party from complying with undertakings given by the party on an examination for discovery; (b) relieve a party from any obligation imposed by. (539), Art. (1700a and 1701a). ARTICLE 306. (a) the certificate was issued in error or as a result of a fraud on the court; (b) the appointment is no longer effective; or. (b) a copy of any order, report, offer to settle or acceptance of offer under which the money is payable. 194, r.63.03(4); O.Reg. Discontinuous easements are those which are used at intervals and depend upon the acts of man. except where the proposed litigation guardian is the Childrens Lawyer or the Public Guardian and Trustee, evidence. (n), ARTICLE 1812. In either case they shall be distributed as civil fruits, and shall be applied in the manner prescribed in the preceding article. If the lease was made for a determinate time, it ceases upon the day fixed, without the need of a demand. Art. 396/91, s.4. O.Reg. ARTICLE 358. O. Reg. 1990, Reg. (b) discovers that the affidavit is inaccurate or incomplete. If you made any payment in 2021 that would require you to file any Forms 1099, check the Yes box. 438/08, s.14. The Supreme Court shall formulate such additional Rules of Court as may be necessary for the allowance of wills on petition of the testator. (n), ARTICLE 2117. (871). 194, r.52.03(4). 1990, Reg. In the case of the hearing of a motion or application where the party is required to give the registrar a confirmation of motion (Form 37B) or confirmation of application (Form 38B), the deadline is 2 p.m. three days before the hearing date, unless the court orders otherwise. (435a), ARTICLE 529. ARTICLE 967. 582. But if deterioration or injury of the goods is due to the breach or warranty, such deterioration or injury shall not prevent the buyer from returning or offering to return the goods to the seller and rescinding the sale. 457/01, s.5. 194, r.26.03(2). (11) The judge with whom an appointment is obtained under subrule (10) may refer the settling of the order to the full court that made the order. 394/09, s.16; O. Reg. 4. The lessee shall have no right to a reduction of the rent on account of the sterility of the land leased, or by reason of the loss of fruits due to ordinary fortuitous events; but he shall have such right in case of the loss of more than one-half of the fruits through extraordinary and unforeseen fortuitous events, save always when there is a specific stipulation to the contrary. 61.08 (1) The notice of appeal or cross-appeal may be amended without leave, before the appeal is perfected, by serving on each of the parties on whom the notice was served a supplementary notice of appeal or cross-appeal (Form 61F) and filing it with proof of service. In order to judge the intention of the contracting parties, their contemporaneous and subsequent acts shall be principally considered. 231/13, s.5; O. Reg. (c) for some other sufficient reason the order or approval should be set aside. (124), ARTICLE 275. 1; (11) Taxes and assessments due any city or municipality, other than those indicated in articles 2241, No. The partition of a thing owned in common shall not prejudice third persons, who shall retain the rights of mortgage, servitude or any other real rights belonging to them before the division was made. 193/15, s. 12 (4). (1692a), ARTICLE 1801. ARTICLE 1451. 1990, Reg. ARTICLE 1537. If the goods are delivered to a ship, freight train, truck, or airplane chartered by the buyer, it is a question depending on the circumstances of the particular case, whether they are in the possession of the carrier as such or as agent of the buyer. (b) where the party who filed the affidavit acts in person, on the person to be cross-examined, personally and not by an alternative to personal service. 37.06 Every notice of motion (Form 37A) shall, (b) state the grounds to be argued, including a reference to any statutory provision or rule to be relied on; and. A candidate shall satisfy both the University Admission Requirements and the Programme Specific Requirements as listed below: 1. comply with the General Regulations and the Regulations for Taught Postgraduate Curricula; 2. hold a Bachelor's degree in English, Linguistics, English Language Education, English Language and Literature or a qualification of equivalent standard from this University or another comparable institution; 3. for qualifications from a university or comparable institution outside Hong Kong, where the teaching medium is not English and/or examinations are not conducted in English, a candidate is required to meet one of the following language requirements by attaining : (i) a score of 94 or above in the internet-based Test of English as a Foreign Language (TOEFL)# with a score of 25 or above in the Writing section, (ii) a score of 580 or above in the paper-based TOEFL# with a score of 4.0 or above in the Test of Written English or (iii) a minimum overall band of 7.0 with no sub-test score lower than 6.5 in the International English Language Testing System (IELTS)#; and, 2. hold a Bachelor's degree with honours in education, psychology, linguistics, physics, medicine, speech and hearing sciences or other subjects relevant to this multidisciplinary profession from The University of Hong Kong or a degree from another university or comparable institution accepted as equivalent; and. If the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the same to the legatee or devisee; but if the owner of the thing refuses to alienate the same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing. 1990, Reg. 383/21, s. 15. (n). Explorations for subterranean waters on lands of public dominion may be made only with the permission of the administrative authorities. ARTICLE 587. 1990, Reg. 170/14, s. 23; O. Reg. 394/09, s.29. (n), ARTICLE 814. 74.14.1 Authentication of a certificate of appointment issued under this Rule may be obtained by making a written request to the registrar of the court that issued the certificate of appointment for, (a) a certificate of grant, to be signed by the registrar, if the authentication is intended for use in Canada; or. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. (n), ARTICLE 1497. 1990, Reg. (6) Where a motion is made on notice, the notice of motion shall be served at least seven days before the date on which the motion is to be heard. ARTICLE 1838. 54/03, s.1(2). (606), ARTICLE 710. Subject to satisfying these entrance requirements, applications are considered for admission based on factors including the applicant's academic record, their relevant experience, academic and other references, the quality of their personal statement, and other information as validly provided in a submission; and in view of submissions received from other applicants and taking into account any admissions quota. If the parties and any other person who is required to attend the mediation or step fail to agree on the method of attendance, i. in the case of a mediation to be held under Rule 24.1 or a step to which Rule 34 applies, one of the parties shall request a case conference under rule 50.13 for an order directing the method of attendance, or. (b) at the option of the examining party, the person under disability may be examined if he or she is competent to give evidence. Furthermore, it may be decreed that what has been poorly done be undone. R.R.O. 1990, Reg. R.R.O. Hold a Bachelor's degree of this University or a qualification of equivalent standard from this University or another comparable institution accepted for this purpose. ARTICLE 592. (n), ARTICLE 1058. ARTICLE 1849. R.R.O. 194, r.37.10(5). When any cross-examinations and re-examinations of the defendants deponents are concluded, the plaintiff may, with leave of the trial judge, adduce any proper reply evidence. "The holding will call into question many other regulations that protect consumers with respect to credit cards, bank accounts, mortgage loans, debt collection, credit reports, and identity theft," tweeted Chris Peterson, a former enforcement attorney at the CFPB who is now a law In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the obligees will. A BDS degree of this University or a degree or other qualification of equivalent standard from another university or comparable institution. 488/99, s.2; O.Reg. A sub-surety in the same case, cannot demand the exhaustion of the property of the debtor or of the surety. These contracts cannot be ratified. In case of disagreement, the fathers decision shall prevail, unless there is a judicial order to the contrary. 43/14, s.1. A minor can in any case impugn the recognition within four years following the attainment of his majority. (4) for a candidate who is seeking admission on the basis of a qualification from a university or comparable institution outside Hong Kong of which the language of teaching and/or examination is not English, shall satisfy the Faculty English language requirement with one of the following recognized English tests: i. (5) A person who is required to be joined as a party under subrule (1), (2) or (3) and who does not consent to be joined as a plaintiff or applicant shall be made a defendant or respondent. Where by a contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. 648. Finalists will be asked to interview as part of the selection process. R.R.O. Support is everything that is indispensable for sustenance, dwelling, clothing and medical attendance, according to the social position of the family. The debtor cannot ask for the return of the thing pledged against the will of the creditor, unless and until he has paid the debt and its interest, with expenses in a proper case. (a) establish a timetable for the action; (b) strike out any document filed by a party; (c) dismiss the action, if the non-complying party is a plaintiff, or strike out the statement of defence, if that party is a defendant; (e) make any other order that is just. The creditors or assignees of the co-owners may take part in the division of the thing owned in common and object to its being effected without their concurrence. The commission agent who handles goods of the same kind and mark, which belong to different owners, shall distinguish them by countermarks, and designate the merchandise respectively belonging to each principal. Payment means not only the delivery of money but also the performance, in any other manner, of an obligation. 484/94, s.12; O. Reg. 1990, Reg. The right of the second heir shall pass to his heirs. and service in this manner is effective on the fifth day after the document is mailed. Freedom of religion shall be observed by public officials in the issuance of authorization to solemnize marriages. (505). (2) Where more than one party is entitled to examine a person, the examination for discovery shall take the form of an oral examination, unless all the parties entitled to examine the person agree otherwise. The legitime of legitimate parents or ascendants consists of one-half of the hereditary estates of their children and descendants. R.R.O. (2) A counterclaim that is only against persons who are already parties to the main action, and a crossclaim, shall be commenced by the delivery of the pleading containing the counterclaim or crossclaim, and the pleading need not be issued. (2) Where service of the notice of motion is not required, it shall be filed at or before the hearing. A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed, except in cases in which it is proved that he has acted with fraudulent intent or negligence, after the judicial summons. .You may not use the simplified method and also file Form 8829 for the same qualified business use of the same home.. Use Form 8829 to figure and claim this deduction for a home if you are not or cannot use the simplified method for that home. Each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter. 484/94, s.12. 55/12, s. 12 (2); O. Reg. 2. 43/14, s. 8 (1). Art. Common carriers are responsible for the loss, destruction, or deterioration of the goods, unless the same is due to any of the following causes only: (1) Flood, storm, earthquake, lightning, or other natural disaster or calamity; (2) Act of the public enemy in war, whether international or civil; (3) Act or omission of the shipper or owner of the goods; (4) The character of the goods or defects in the packing or in the containers; (5) Order or act of competent public authority. 642. 474. The unpaid seller of goods loses his lien thereon: (1) When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the ownership in the goods or the right to the possession thereof; (2) When the buyer or his agent lawfully obtains possession of the goods; The unpaid seller of goods, having a lien thereon, does not lose his lien by reason only that he has obtained judgment or decree for the price of the goods. 383/21, s. 15; O. Reg. (b) a costs outline (Form 57B). 622. Mortgagee to Transfer Property where Redeemed. 377/95, s.2. Should he do so, the same shall be considered as not imposed. No trust shall fail because the trustee appointed declines the designation, unless the contrary should appear in the instrument constituting the trust. 7. (n), ARTICLE 92. R.R.O. 231/13, s.3. The good faith of the possessor consists in the reasonable belief that the person from whom he received the thing was the owner thereof, and could transmit his ownership. 260/05, s.13; O. Reg. R.R.O. A possessor may lose his possession: (2) By an assignment made to another either by onerous or gratuitous title; (3) By the destruction or total loss of the thing, or because it goes out of commerce; (4) By the possession of another, subject to the provisions of Article 537, if the new possession has lasted longer than one year. 194, r.35.04(1). 1990, Reg. (a) Holding a Bachelor's degree from this University or an equivalent qualification from comparable institutions. 194, r.19.06. O. Reg. Art. Depreciation is the annual deduction allowed to recover the cost or other basis of business or investment property having a useful life substantially beyond the tax year. ARTICLE 1108. ARTICLE 191. 194, r.37.10(1); O.Reg. 194, r.4.09(5). Art. 1990, Reg. O.Reg. The purpose of the co-ownership may be changed by agreement, express or implied. 76.03 (1) A party to an action under this Rule shall, within 10 days after the close of pleadings and at the partys own expense, serve on every other party, (a) an affidavit of documents (Form 30A or 30B) disclosing to the full extent of the partys knowledge, information and belief all documents relevant to any matter in issue in the action that are or have been in the partys possession, control or power; and. Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public. (6) For the purposes of subrule (5), the hearing of the motion shall be convened as a status hearing. R.R.O. 689/20, s. 35. Save marriages of an exceptional character authorized in Chapter 2 of this Title, but not those under article 75, no marriage shall be solemnized without a license first being issued by the local civil registrar of the municipality where either contracting party habitually resides. See the Instructions for the Simplified Method Worksheet, Excess casualty losses and depreciation. 82/17, s. 19. (1209a), ARTICLE 1301. 54.05 (1) A referee shall hear and dispose of any motion made in connection with the reference, but in the absence of or with the consent of the referee, a motion may be heard and disposed of by a judge or associate judge. (1332a). The husband and the wife may agree upon the dissolution of the conjugal partnership during the marriage, subject to judicial approval. (1595), ARTICLE 1727. (b) an affidavit stating that the creditor believes that no co-owner of the debt is a person under disability and the grounds for the belief. Claim for Certificate to be in Originating Process. 2. Extraordinary repairs shall be at the expense of the owner. This contract shall be governed by the following articles as well as by the pertinent provisions on warranty of title and against hidden defects and the payment of price in a contract of sale. 52.02 A judge may postpone or adjourn a trial to such time and place, and on such terms, as are just. Where the dissolution is caused by the act, death or insolvency of a partner, each partner is liable to his co-partners for his share of any liability created by any partner acting for the partnership as if the partnership had not been dissolved unless: (1) The dissolution being by act of any partner, the partner acting for the partnership had knowledge of the dissolution; or. (b) the plaintiff states in the requisition that he or she wishes to have the costs assessed. (2) For greater certainty, Rule 74, other than rules 74.04 to 74.10 and 74.14, continues to apply with respect to small estate certificates, amended small estate certificates and applications for either certificate. (1) Without violation of the agreement between the partners: (a) By the termination of the definite term or particular undertaking specified in the agreement; (b) By the express will of any partner, who must act in good faith, when no definite term or particular undertaking is specified; (c) By the express will of all the partners who have not assigned their interests or suffered them to be charged for their separate debts, either before or after the termination of any specified term or particular undertaking; (d) By the expulsion of any partner from the business bona fide in accordance with such a power conferred by the agreement between the partners; (2) In contravention of the agreement between the partners, where the circumstances do not permit a dissolution under any other provision of this article, by the express will of any partner at any time; (3) By any event which makes it unlawful for the business of the partnership to be carried on or for the members to carry it on in partnership; (4) When a specific thing, which a partner had promised to contribute to the partnership, perishes before the delivery; in any case by the loss of the thing, when the partner who contributed it having reserved the ownership thereof, has only transferred to the partnership the use or enjoyment of the same; but the partnership shall not be dissolved by the loss of the thing when it occurs after the partnership has acquired the ownership thereof; (6) By the insolvency of any partner or of the partnership; (7) By the civil interdiction of any partner; (8) By decree of court under the following article. The personal obligations of the husband can not be enforced against the fruits of the paraphernal property, unless it be proved that they redounded to the benefit of the family. (1121a). R.R.O. (11) For greater certainty, submitting documents to CaseLines does not amount to the filing or service of those documents under these rules. 5. (884a). 25.11 The court may strike out or expunge all or part of a pleading or other document, with or without leave to amend, on the ground that the pleading or other document. R.R.O. 55/12, s.12(5); O. Reg. O. Reg. (c) order that the costs of the applicant or moving party be paid out of the property or its proceeds. Summons in Effect until Attendance No Longer Required. 19, 20. (622), ARTICLE 734. Anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable, may be recovered, with the fruits and interests. 1990, Reg. (3) The responding partys factum shall be served and filed with proof of service in the court office where the motion is to be heard at least four days before the hearing. The institution of an heir may be made conditionally, or for a certain purpose or cause. (4) Where an affidavit is made by two or more deponents, there shall be a separate jurat for each deponent, unless all the deponents make the affidavit before the same person at the same time, in which case one jurat containing the words Sworn (or affirmed) by the above-named deponents may be used. Whoever acquires in bad faith the things alienated in fraud of creditors, shall indemnify the latter for damages suffered by them on account of the alienation, whenever, due to any cause, it should be impossible for him to return them. The possessor in bad faith shall reimburse the fruits received and those which the legitimate possessor could have received, and shall have a right only to the expenses mentioned in paragraph 1 of article 546 and in article 443. ARTICLE 1398. for the period starting on March 1 and ending on August 31 in the year before the year in which the trial begins, less per cent and rounded to the nearest 1/10 per cent, and. ARTICLE 330. 1990, Reg. Candidates shall be eligible for membership in the Hong Kong Psychological Society, Division of Clinical Psychology, or in the Hong Kong Institute of Clinical Psychologists#; and. 194, r.58.12(3); O.Reg. 1990, Reg. (1276), ARTICLE 1354. R.R.O. 4. Defendant Objecting to Simplified Procedure. R.R.O. (177a), ARTICLE 343. (3) If the plaintiff obtains a default judgment that is within the monetary jurisdiction of the Small Claims Court, costs shall be assessed in accordance with that courts tariff. (8) If it is necessary to do so in the interest of justice, a judge of the appellate court may give special directions and vary the rules governing the respondents factum and the respondents compendium. (15.2) The notice to co-owner of the debt and the copy of the garnishees statement shall be served by personal service or an alternative to personal service under rule 16.03. In this case, he shall have no further action against the purchaser to recover any unpaid balance of the price. SPACEBAR resumes the slideshow. (4) Revoked: R.R.O. (1321a), ARTICLE 123. 193/15, s. 17 (2). Exemplary damages cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated. (n). (2) A party who has responded to a pleading that is subsequently amended and does not respond to the amended pleading within the prescribed time shall be deemed to rely on the partys original pleading in answer to the amended pleading. 1990, Reg. 194, r.4.05(1); O.Reg. (546a), Art. 26.01 On motion at any stage of an action the court shall grant leave to amend a pleading on such terms as are just, unless prejudice would result that could not be compensated for by costs or an adjournment. 568. R.R.O. 2. (5) A person affected by an order or decision of the Registrar may make a motion to a judge of the appellate court to set it aside or vary it by a notice of motion that is served forthwith after the order or decision comes to the persons attention and names the first available hearing date that is at least three days after service of the notice of motion.