Is Rule 9-1(5) of the Rules of Civil Procedure and Procedure permissive and permissive?
British Columbia, Canada
The following excerpt is from Ward v. Klaus, 2012 BCSC 99 (CanLII):
In BCSPCA v. Baker, 2008 BCSC 947, Justice Preston, at para. 15, concluded that Rule 9-1(5) was permissive and empowered the court to make any of the orders mentioned therein. He noted that by necessary implication, the Rule contemplated that the court may deny any of the forms of relief.
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