What is the effect of Rule 38 of the Rules of Civil Procedure on Rule 40?
British Columbia, Canada
The following excerpt is from Guaranty Trust Company of Canada v. Mid County Holdings Ltd., 1979 CanLII 341 (BC SC):
I have given this matter much consideration. My research indicates that the point has not been argued before. Rule 38 was dealt with to an extent by Meredith J. in Quinn v. Hurford, supra, but not in conjunction with R. 40(14). I think it is essential that I quote here R. 1(5): “(5) The object of these rules is to secure the just, speedy, and inexpensive determination of every proceeding on its merits.”
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