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"Point in Time" Regulation Content

Court Rules Act and Court of Appeal Act

Court of Appeal Rules

B.C. Reg. 120/2022

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 4 November 27, 2023
Section 6 September 20, 2022
Section 37 November 27, 2023
Section 57 November 27, 2023
Section 58 November 27, 2023
Section 61 November 27, 2023
Section 62 November 27, 2023
Section 63 November 27, 2023
Section 64 September 20, 2022
Section 66 November 27, 2023
Section 80 November 27, 2023
Section 82 November 27, 2023
Section 92 September 20, 2022
Schedule 2 Division 1 March 6, 2024
Schedule 3 Form 1 September 20, 2022
Schedule 3 Form 2 November 27, 2023
Schedule 3 Form 3 September 20, 2022
Schedule 3 Form 4 November 27, 2023
Schedule 3 Form 6 November 27, 2023
Schedule 3 Form 8 September 20, 2022
November 27, 2023
Schedule 3 Form 10 November 27, 2023
Schedule 3 Form 11 November 27, 2023
Schedule 3 Form 12 November 27, 2023
Schedule 3 Form 13 November 27, 2023
Schedule 3 Form 14 November 27, 2023
Schedule 3 Form 15 November 27, 2023
Schedule 3 Form 17 November 27, 2023
Schedule 3 Form 18 September 20, 2022
November 27, 2023
Schedule 3 Form 21 November 27, 2023

 Section 4 (2.1) was added by BC Reg 240/2023, effective November 27, 2023.

 Section 6 (1) (b) BEFORE amended by BC Reg 187/2022, effective September 20, 2022.

(b) serve, in accordance with Rule 4 (2) [permitted methods of service], on each respondent named in the notice of appeal a copy of the filed notice of appeal.

 Section 37 (1) definition of "condensed book of evidence" (part) BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

"condensed book of evidence" means a book that contains materials

 Section 57 (3) (b) BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

(b) impose conditions or give directions related to the urgent application, including that notice be served on another party.

 Section 57 (4) BEFORE repealed by BC Reg 240/2023, effective November 27, 2023.

(4) If an order is made under subrule (3), the party who brought the urgent application must serve notice of the order on each party.

 Section 58 (1) BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

(1) A party who wishes to apply for an order for payment into court of security under section 34 [payment of security] of the Act must

(a) obtain a hearing date for the application, and

(b) file and serve the following documents at least 5 business days before the application hearing date:

(i) a notice of application in Form 4;

(ii) an application book prepared in accordance with the completion instructions.

 Section 61 (2) (i.1) was added by BC Reg 240/2023, effective November 27, 2023.

 Section 61 (2.1) was added by BC Reg 240/2023, effective November 27, 2023.

 Section 62 (2) (part) and (4) BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

(2) A person who wishes to apply to have the court, under section 29 of the Act, vary an order other than an order referred to in subrule (1) must do the following not more than 7 days after the order is made:

(4) A person who wishes to respond to an application book filed under subrule (3) must file and serve, not more than 7 days after being served the application book, a response book prepared in accordance with the completion instructions.

 Section 62 (2) (b) BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

(b) file and serve a notice of application to vary an order of a justice in Form 8.

 Section 63 (2) BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

(2) A person who wishes to apply to have a justice, under section 35 [varying orders of a justice or registrar] of the Act, vary or cancel an order or direction of the registrar must do the following not more than 7 days after the order was made or direction given:

(a) obtain a hearing date for the application;

(b) file and serve the following documents:

(i) a notice of application in Form 4;

(ii) the person's supporting affidavits, if any;

(iii) the person's written argument, if any.

 Section 64 (2) BEFORE amended by BC Reg 187/2022, effective September 20, 2022.

(2) Subject to subrule (2), this Division applies to every application made to the court, a justice or the registrar.

 Section 66 (3) (c) BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

(c) in the case of an order resulting from an application to vary an order of a justice, Form 12.

 Section 80 (1) (part) and (2) (part) BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

(1) Each party must have at least one address for service that is one of the following:

(2) A party must include the party's address for service on the following that is filed on behalf of the party:

 Section 80 (1) (d) BEFORE repealed by BC Reg 240/2023, effective November 27, 2023.

(d) an email address.

 Section 82 (1), (2) (part), (3) (part) and (4) BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

(1) Subject to subrules (2), (3) and (4), a document that has been filed with the court may be amended by a person only with the permission of the court or a justice.

(2) An appellant may file and serve an amended notice of appeal without permission of the court or a justice as follows:

(3) A respondent may file and serve an amended notice of cross appeal without permission of the court or a justice as follows:

(4) A party may, at least 4 weeks before the appeal hearing date, file and serve an amended factum without permission of the court or a justice if

(a) the party changes lawyers, or discharges a lawyer in order to act on the party's own behalf, and all the parties consent to the amended factum being filed, or

(b) the registrar permits the amended factum to be filed.

 Section 82 (5), (6) and (7) were added by BC Reg 240/2023, effective November 27, 2023.

 Section 92 BEFORE re-enacted by BC Reg 187/2022, effective September 20, 2022.

Bringing cross appeals in relation to pre-existing applications for leave to appeal

92   A respondent who has been served a pre-existing application for leave to appeal may bring a cross appeal by complying with Rule 8 and, for that purpose, a reference in Rule 8 to "notice of appeal" must be read as though it were a reference to "pre-existing application for leave to appeal".

 Schedule 2, Division 1, item 14 BEFORE repealed by BC Reg 46/2024, effective March 6, 2024.

14For returning by mail or by fax a confirmation of filing or rejection of a document submitted by fax to a registry.10

 Schedule 3, Form 1 BEFORE amended by BC Reg 187/2022, effective September 20, 2022.

 Schedule 3, Form 2 BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

 Schedule 3, Form 3 BEFORE amended by BC Reg 187/2022, effective September 20, 2022.

 Schedule 3, Form 4 BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

 Schedule 3, Form 6 BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

 Schedule 3, Form 8 BEFORE amended by BC Reg 187/2022, effective September 20, 2022.

 Schedule 3, Form 8 BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

 Schedule 3, Form 10 BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

 Schedule 3, Form 11 BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

 Schedule 3, Form 12 BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

 Schedule 3, Form 13 BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

 Schedule 3, Form 14 BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

 Schedule 3, Form 15 BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

 Schedule 3, Form 17 BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

 Schedule 3, Form 18 BEFORE amended by BC Reg 187/2022, effective September 20, 2022.

 Schedule 3, Form 18 BEFORE amended by BC Reg 240/2023, effective November 27, 2023.

 Schedule 3, Form 21 BEFORE amended by BC Reg 240/2023, effective November 27, 2023.