Civil Procedure Rules of Nova Scotia  
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Part 4 - Alternate Resolution or Determination

Rule  12 - Question of law

Scope of Rule 12
12.01 (1) A party may, in limited circumstances, seek the determination of a question of law before the rest of the issues in a proceeding are determined, even though the parties disagree about facts relevant to the question.
  (2) A party may seek to have a question of law determined before the trial of an action or the hearing of an application, in accordance with this Rule.
       
Separation
12.02   A judge may separate a question of law from other issues in a proceeding and provide for its determination before the trial or hearing of the proceeding, if all of the following apply:
   
(a)
the facts necessary to determine the question can be found without the trial or hearing;
   
(b)
the determination will reduce the length of the proceeding, duration of the trial or hearing, or expense of the proceeding;
   
(c)
no facts to be found in order to answer the question will remain in issue after the determination.
       
Determination
12.03 (1) A judge who orders separation must do either of the following:
   
(a)
proceed to determine the question of law;
   
(b)
appoint a time, date, and place for another hearing at which the question is to be determined.
  (2) A judge who appoints a time, date, and place for a separated question to be determined may give directions on any of the following:
   
(a)
whether the hearing will be held in chambers or court;
   
(b)
the wording of the question to be determined;
   
(c)
dates for filing a further affidavit, statement of agreed facts, or brief;
   
(d)
cross-examination on an affidavit;
   
(e)
any other direction to organize the hearing.
       

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