No substitution order after death of plaintiff or applicant
73 No substitution order after death of plaintiff or applicant
This rule applies if—
a plaintiff or applicant dies and the cause of action survives the death; and
no order is made substituting another person for the deceased.
The court, on application by a party or by a person to whom the benefit of the cause of action passes on the death, may order that, unless an order for substitution is made within a specified time, the proceeding be dismissed on a specified basis, including, for example, with costs against a party, person or estate connected with the proceeding.
A copy of the application must be served on the deceased’s personal representative (if any) unless the court orders otherwise.
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