Civil Procedure Rules of Nova Scotia  
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Part 15 - Other Kinds of Proceedings

Rule 76A - Quieting Titles

Scope of Rule 76A
76A.01 (1) This Rule adapts procedures under the Quieting Titles Act to the Nova Scotia Civil Procedure Rules.
  (2) This Rule permits a claim for a certificate of title under the Quieting Titles Act to be started by notice of action or by notice of application in court.
  (3) To the extent this Rule 76A modifies procedures provided in the Quieting Titles Act, the Rule is made for the purposes of Section 49 of the Judicature Act.
       
Interpretation
76A.02 (1) The following words or phrases in the Quieting Titles Act include the following words or phrases in these Rules:

Act

Rules

action application in court
apply for move for
counterclaimant defendant who counterclaims or crossclaims in an action and respondent who files a notice of claim in an application
defence notice of defence in an action and notice of contest in an application
defendant respondent
give notice of trial request a date assignment conference
originating notice notice of action or notice of application in court
plaintiff applicant
trial hearing
     
  (2) The requirement in the Act that a party who starts a proceeding for a certificate of title must apply for directions is fulfilled by moving for directions in one of the following ways:
   
(a)
in an action, making a motion for directions under Rule 23 - Chambers Motion, Rule 25 - Motion by Appointment, or Rule 26 - Conference;
   
(b)
in an application, following the provisions of Rule 5 - Application for a motion for directions.
  (3)
The motion for directions in an action must be scheduled as with motions requiring a half-day or less but more than a half-hour, unless a judge orders otherwise.
       
Directions
76A.03 (1) Rule 5.13 of Rule 5 - Application applies to a motion for directions in an action, and the powers mentioned in that Rule apply to the extent they are consistent with Section 9 of the Act.
  (2)
A judge who makes a reference under Section 9 of the Act may adjourn the hearing of the motion for directions until after the referee reports.
       

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