Is Former Rule 66 of the Rules of Civil Procedure the same or the same?
British Columbia, Canada
The following excerpt is from Axten v. Johnson, 2011 BCSC 1005 (CanLII):
It is clear, from the similarity of the wording of these Rules, the provisions were to have similar effect. It is notable neither of these rules contemplate settlement on a plain reading of the legislation. However, the courts have interpreted Former Rule 66 as including settlement. In Bowen v. Martinec, 2008 BCSC 104, a case very similar to the issues raised in the instant appeal, Pitfield J. stated:
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