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Court Procedures Rules
730Division 2.9.4 order without trial
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730 Division 2.9.4 order without trial
(1) A plaintiff claiming relief by way of a division 2.9.4 order, with or
without a declaration or other relief, may apply to the court for a
(2) The plaintiff may make the application at any time after—
(a) the plaintiff is served with a notice of intention to respond or
defence; or
(b) the end of the time set by rule 102 (Notice of intention to respond
or defence—filing and service) for filing a notice of intention to
(3) On the hearing of an application under subrule (1), the court may do
1 or more of the following:
(a) give judgment in relation to the division 2.9.4 order and
declaration (if any) and, if other relief is claimed, give the
directions it considers appropriate about how to dispose of the
rest of the proceeding;
(b) make a division 2.9.4 order until the hearing or until a stated
day;
(c) order the parties to file and serve pleadings;
(d) direct a trial of the proceeding.
Rule 731