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B.C. Reg. 168/2009
O.C. 302/2009
Deposited July 7, 2009
effective July 1, 2010
This consolidation is current to September 14, 2021.
See “Amendments Not in Force” for amendments
effective after September 14, 2021.
Link to consolidated regulation (PDF)
Link to Point in Time

Court Rules Act

Supreme Court Civil Rules

[Last amended March 2, 2021 by B.C. Reg. 53/2021]

Contents
Part 1 — Interpretation
Rule 1-1 — Interpretation
(1) Definitions
(2) Interpretation Act and Supreme Court Act
(3) Titles and headings
(4) Reference aids
Rule 1-2 — Citation and Application
(1) Citation
(2) Application
(3) Waiver of rule by agreement
(4) Petitions and applications
(5) Enactments of Canada
Rule 1-3 — Object of Rules
(1) Object
(2) Proportionality
Part 2 — How to Make a Claim
Rule 2-1 — Choosing the Correct Form of Proceeding
(1) Commencing proceedings by notice of civil claim
(2) Commencing proceedings by petition or requisition
(2.1) Estate proceedings
(3) Procedures applicable to particular proceedings
Rule 2-2 — Tribunal Awards
(1) Definition
(2) Tribunal awards may be filed
(3) Filing tribunal awards
Part 3 — Proceedings Started by Filing a Notice of Civil Claim
Rule 3-1 — Notice of Civil Claim
(1) Notice of civil claim
(2) Contents of notice of civil claim
Rule 3-2 — Serving and Renewing the Notice of Civil Claim
(1) Renewal of original notice of civil claim
(2) Further renewal of notice of civil claim
(3) When renewal period begins
(4) After renewal of notice of civil claim
Rule 3-3 — Responding to a Notice of Civil Claim
(1) Filing a response to civil claim
(2) Contents of response to civil claim
(3) Period for filing response to civil claim
(4) Payment into court when tender pleaded
(5) Costs if defence of tender successful
(6) Application for money paid into court
(7) Tender in defamation action
(8) Consequence if fact not responded to
Rule 3-4 — Counterclaim
(1) Counterclaim
(2) Counterclaim against another person
(3) Identification of parties
(4) Service of counterclaim
(5) Response to counterclaim
(6) Application of rules
(7) If action stayed or discontinued
(7.1) Separate trial of counterclaim
(8) Judgment
Rule 3-5 — Third Party Claims
(1) Making a third party claim
(1.1) Plaintiff as defendant to counterclaim
(2) Third party need not be party to original action
(3) Pursuing a third party claim
(4) When leave is required
(5) Court may consider case plan order
(6) Application for leave
(7) Service
(8) Application to set aside third party notice
(9) Response to third party notice
(10) When response to third party notice not required
(11) Application of rules
(12) Response to civil claim
(13) Application for directions
(14) Powers of court
(15) Third party issues
(16) Default of response to third party notice
(17) Relief
Rule 3-6 — Reply
(1) Service of reply
(2) Pleading subsequent to reply
(3) Failure to reply
(4) No joinder of issue
Rule 3-7 — Pleadings Generally
(1) Pleading must not contain evidence
(2) Documents and conversations
(3) When presumed facts need not be pleaded
(4) When performance of a condition precedent need not be pleaded
(5) Matters arising since start of proceeding
(6) Inconsistent allegations
(7) Alternative allegations
(8) Objection in point of law
(9) Pleading conclusions of law
(10) Status admitted
(11) Set-off or counterclaim
(12) Pleading after the notice of civil claim
(13) General relief
(14) General damages must not be pleaded
(15) Substance to be answered
(16) Denial of contract
(17) Allegation of malice
(18) When particulars necessary
(19) Lengthy particulars
(20) Further particulars
(21) Particulars in libel or slander
(22) Order for particulars
(23) Demand for particulars
(24) Demand for particulars not a stay of proceedings
Rule 3-8 — Default Judgment
(1) Default in filing and serving a response to civil claim
(2) Filings required
(3) Claim for specified or ascertainable amount
(4) Interest
(5) Claim for damages to be assessed
(6) Claim for detention of goods
(7) Repealed
(8) Application to judge or master
(9) Judgment in other actions
(10) Application for judgment
(11) Court may set aside or vary default judgment
(12) Method of assessment
(13) Alternative methods of assessment
Part 4 — Service
Rule 4-1 — Address for Service
(1) Party must have address for service
(2) Additional addresses for service
(3) Change of address for service
Rule 4-2 — Ordinary Service
(1) Documents normally to be served by ordinary service
(2) How to serve documents by ordinary service
(3) When service by delivery is deemed to be completed
(4) When service by mail is deemed to be completed
(5) When documents may be served by fax
(6) When service by fax or e-mail is deemed to be completed
(7) If no address for service given
Rule 4-3 — Personal Service
(1) When documents must be served by personal service
(2) How to serve documents by personal service
(3) Agent may be served
(4) Court may grant leave
(5) Notice to principal
(6) Service on Attorney General
(7) When personal service is deemed to be completed
(8) Date of deemed service
Rule 4-4 — Alternative Methods of Service
(1) Alternative service methods
(2) If an alternative service method is permitted
(3) Service by advertisement
Rule 4-5 — Service outside British Columbia
(1) Service outside British Columbia without leave
(2) Required endorsement
(3) Application for leave to serve outside the jurisdiction
(4) Applications may be made without notice
(5) Service of order and related documents
(6) If service without leave valid
(7) Contract containing terms for service
(8) Contract does not invalidate effective service
(9) Definition
(10) Manner of service abroad
(11) Proof of service abroad
(12) Forms
(13) Certificate
Rule 4-6 — Proving Service
(1) Proof of service
(2) Proof of service by sheriff
(3) Service on member of Canadian Armed Forces
(4) Admissibility of other evidence of service
Rule 4-7 — Relief
(1) If service is alleged to be ineffective
Part 5 — Case Planning
Rule 5-1 — Requesting a Case Planning Conference
(1) Case planning conference may be requested
(2) Case planning conference may be directed
(3) Time for service of notice
(4) Application must be made by requisition
(5) Case plan proposal required
(6) Contents of case plan proposal
Rule 5-2 — Conduct of Case Planning Conference
(1) Case planning conference must be conducted by judge or master
(2) Who must attend
(3) Manner of attendance
(4) Application must be made by requisition
(5) Considerations of the court
(6) Non-attendance at case planning conference
(7) Proceedings must be recorded
Rule 5-3 — Case Planning Conference Orders
(1) Orders
(2) Prohibited orders
(3) Case plan order required
(4) Case plan order
(5) When approval in writing by lawyer not required
(6) Consequences of non-compliance
(7) Application may be made at case planning conference
Rule 5-4 — Applications to Amend Case Plan Orders
(1) Requesting amendments to case plan orders
(2) Party may respond
(3) Powers of court
Part 6 — Amendment of Pleadings and Change of Parties
Rule 6-1 — Amendment of Pleadings
(1) When pleadings may be amended
(2) How amendments made
(3) Identifying amendments
(4) Service of amended documents
(5) Response of a party to amended document
(6) Failure to serve amended responding document
(7) Responding to amended pleading
(8) Amendment at trial
Rule 6-2 — Change of Parties
(1) Party ceasing to exist
(2) Effect of death
(3) Assignment or conveyance of interest
(4) Change or transmission of interest or liability
(5) Prosecution of proceeding if plaintiff or petitioner dies
(6) Costs on dismissal
(7) Adding, removing or substituting parties by order
(8) Procedure if party added, removed or substituted by order
(9) If case plan order in effect
(9.1) Application without notice
(10) Consent required
(11) Effect of order
Part 7 — Procedures for Ascertaining Facts
Rule 7-1 — Discovery and Inspection of Documents
(1) List of documents
(2) Documents to be enumerated
(3) Insurance policy
(4) Information not to be disclosed
(5) Insurance policy
(6) Claim for privilege
(7) Nature of privileged documents to be described
(8) Affidavit verifying list of documents
(9) Amending the list of documents
(10) Party may demand documents required under this rule
(11) Party may demand additional documents
(12) Response to demand for documents
(13) Application for production of documents
(14) Court may alter requirements
(15) Inspection of documents
(16) Copies of documents
(17) Order to produce document
(18) Documents not in possession of party
(19) Order by consent
(20) Inspection of document by court
(21) Party may not use document
(22) Determination of issue before discovery
Rule 7-2 — Examinations for Discovery
(1) Examination of parties
(2) Limitations
(3) Considerations of the court
(4) Oral examination on oath
(5) Examination of party that is not an individual
(6) Examination of person for whose benefit action brought
(7) Examination of assignor
(8) Examination of guardian and infants
(9) Examination of mentally incompetent person
(10) Examination of bankrupt
(11) Place
(12) Examination before reporter
(13) Service of notice
(14) Person must attend examination
(15) Fees must not be attached
(16) Production of documents
(17) Examination and re-examination
(18) Scope of examination
(19) Scope includes insurance
(20) Information not to be disclosed
(21) Insurance policy
(22) Person must inform self
(23) Response may be provided by letter
(24) If letter provided
(25) Objections
(26) How recorded
(27) Application to persons outside British Columbia
(28) Service of order and notice
Rule 7-3 — Discovery by Interrogatories
(1) Party may serve interrogatories by consent or with leave
(2) If a party is a body of persons
(3) Powers of court
(4) Timing of answer to interrogatories
(5) If more than one person to answer interrogatories
(6) Objection to answer interrogatory
(7) Insufficient answer to interrogatory
(8) Application to strike out interrogatory
(9) Service of interrogatories on lawyer
(10) Lawyer must inform
(11) Continuing obligation to answer
Rule 7-4 — Witness Lists
(1) Witness lists
(2) Requirements for list
(3) Continuing obligation
(4) Witness need not be called
Rule 7-5 — Pre-Trial Examination of Witness
(1) Order for examination
(2) Expert
(3) Affidavit in support of application
(4) Application procedure
(5) Subpoena
(6) Identification of documents and objects
(7) Notice of examination
(8) Mode of examination
(9) Time for examination
(10) Application of examination for discovery rules
Rule 7-6 — Physical Examination and Inspection
(1) Order for medical examination
(2) Subsequent examinations
(3) Questions by examiner
(4) Order for inspection and preservation of property
(5) Entry on land or building
(6) Application to persons outside British Columbia
Rule 7-7 — Admissions
(1) Notice to admit
(2) Effect of notice to admit
(3) Copy of document to be attached
(4) Unreasonable refusal to admit
(5) Withdrawal of admission
(6) Application for order on admissions
Rule 7-8 — Depositions
(1) Examination of person
(2) Examination of person
(3) Grounds for order
(4) Time limits
(5) Subpoena
(6) Identification of documents and objects
(7) Place of examination
(8) Application of rule outside British Columbia
(9) If person willing to testify
(10) If person not willing to testify
(11) Letter of request
(12) Filing of undertaking
(13) Notice of examination
(14) Mode of examination
(15) Objection to question
(16) Recording of deposition evidence
(17) Preserving testimony
Part 8 — Applications
Rule 8-1 — How to Bring and Respond to Applications
(1) Definitions
(2) How applications must be brought
(3) Notice of application
(4) Contents of notice of application
(5) Date and time of hearing
(6) Date and time if hearing time more than 2 hours
(7) Service of application materials
(8) Time for service
(9) Application response
(10) Contents of application response
(11) Address for service
(12) Repealed
(13) Applicant may respond
(14) No additional affidavits
(15) Application record
(16) Written argument
(17) Service of application record index
(18) If application respondent's application is to be heard at the hearing
(19) Application record to be returned
(20) Application record to be returned to the registry
(21) Provision of amended application record
(21.1) Resetting adjourned applications
(22) Application respondent may apply for directions
Rule 8-2 — Place Application Is Heard
(1) Place of hearing of application
(2) If more than one place
(3) If place of hearing is a place other than that at which the proceeding is being conducted
(4) Place of hearing of application with leave of registrar
(5) Notice of application must be endorsed to reflect grant of leave
(6) If place of hearing is a place chosen with leave of registrar
(7)-(8) Repealed
Rule 8-3 — Consent Applications
(1) Application by consent
(2) Consent order
(3) Disposition of referred applications
Rule 8-4 — Applications of Which Notice Is Not Required
(1) Application of which notice is not required
(2)-(3) Repealed
Rule 8-5 — Urgent Applications
(1) Short notice
(2) How to make a short notice application
(3) Normal time and notice rules do not apply
(4) Powers of court on short notice application
(5) Effect of short notice order
(6) Orders without notice
(7) Service of orders required
(8) Setting aside orders made without notice
Rule 8-6 — Applications Made by Written Submissions
(1) Application made by written submissions
Part 9 — Pre-Trial Resolution Procedures
Rule 9-1 — Offers to Settle
(1) Definition
(2) Offer not to be disclosed
(3) Offer not an admission
(4) Offer may be considered in relation to costs
(5) Cost options
(6) Considerations of court
(7) Costs for settlement in cases within small claims jurisdiction
(8) Counter offer
Rule 9-2 — Settlement Conferences
(1) Settlement conference
(2) Proceedings must be recorded
(3) When judge must not preside
Rule 9-3 — Special Case
(1) Statement of special case
(2) Court may order special case
(3) Form of special case
(4) Hearing of special case
(5) Order after hearing of special case
Rule 9-4 — Proceedings on a Point of Law
(1) Point of law may be set down for hearing
(2) Court may dispose of whole action
Rule 9-5 — Striking Pleadings
(1) Scandalous, frivolous or vexatious matters
(2) Admissibility of evidence
(3) Powers of registrar
(4) Reconsideration of order
Rule 9-6 — Summary Judgment
(1) Definitions
(2) Application
(3) Response to application
(4) Application by answering party
(5) Power of court
(6) Claiming party may proceed
(7) Costs consequences
(8) Court may decline to fix costs
(9) Bad faith or delay
Rule 9-7 — Summary Trial
(1) Definition
(2) Application
(3) When application must be heard
(4) Setting application for hearing
(5) Evidence on application
(6) Application of Rule 12-5
(7) Application of Rule 11-6
(7.1) Repealed
(8) Filings with application
(9) Notice of evidence to be used on application
(10) Giving notice
(11) Adjournment or dismissal
(12) Preliminary orders
(13) Ancillary or preliminary orders may be made at or before application
(14) Judge not seized of application
(15) Judgment
(16) No further application without leave
(17) Orders
(18) Right to vary or set aside order
(19) Order if jury notice filed
Rule 9-8 — Discontinuance and Withdrawal
(1) Discontinuance before action set for trial
(2) Discontinuance after action set for trial
(3) Withdrawal by defendant
(4) Costs and default procedure on discontinuance or withdrawal
(5) Third party entitled to costs
(6) Some costs remain recoverable
(7) Proceeding after response is withdrawn
(8) Discontinuance not a defence
(9) Application to counterclaim, third party proceeding and petition.
Part 10 — Property and Injunctions
Rule 10-1 — Detention, Preservation and Recovery of Property
(1) Property that is the subject matter of a proceeding
(2) Fund that is the subject matter of a proceeding
(3) Allowance of income from property
(4) Recovery of specific property
(5) Compensation for wrongful recovery
Rule 10-2 — Receivers
(1) Appointment of receiver
(2) Form of security
(3) Remuneration of receiver
(4) Accounts of receiver
Rule 10-3 — Interpleader
(1) Entitlement to relief by way of interpleader
(2) Claim to real or personal property taken by sheriff
(3) Sheriff to deliver notice
(4) If claim admitted
(5) Sheriff may apply for interpleader relief
(6) Mode of application
(7) Affidavit
(8) Application for interpleader relief
(9) Powers of court on hearing application
Rule 10-4 — Injunctions
(1) Applications for pre-trial injunctions
(2) Applications for pre-trial injunctions before proceeding started
(3) Applications for interim injunctions without notice
(4) Injunction by court order
(5) Undertaking as to damages
(6) Application for injunction after judgment
Part 11 — Experts
Rule 11-1 — Application of Part 11
(1) Application of this Part
(2) Case plan order
Rule 11-2 — Duty of Expert Witnesses
(1) Duty of expert witness
(2) Advice and certification
Rule 11-3 — Appointment of Joint Experts
(1) Appointment agreement
(2) Appointment by parties
(3) Application to court
(4) Application materials
(5) Powers of court
(6) Agreement
(7) Role of expert appointed under this rule
(8) Notice of application
(9) Additional experts
(10) Cross examination
(11) Common experts
Rule 11-4 — Appointment of Own Experts
(1) When each party may retain their own experts
Rule 11-5 — Appointment of Court's Own Expert
(1) Appointment of experts by court
(2) Materials required by court
(3) Court may name different expert
(4) Expert must consent
(5) Previous report not a bar
(6) Consequences of court appointment
(7) Directions to expert
(8) Contents of order appointing expert
(9) Remuneration of expert
(10) Security for remuneration
(11) Reports
(12) Report must be tendered as evidence
Rule 11-6 — Expert Reports
(1) Requirements for report
(2) Proof of qualifications
(3) Service of report
(4) Service of responding report
(5) Supplementary report of joint or court-appointed expert
(6) Supplementary report of own expert
(7) Requirements for supplementary report
(8) Production of documents
(9) Notice of trial date to expert
(10) Notice of objection to expert opinion evidence
(11) When objection not permitted
Rule 11-7 — Expert Opinion Evidence at Trial
(1) Reports must be prepared and served in accordance with rules
(2) When report stands as evidence
(3) Cross-examination of expert
(4) Costs of cross-examination
(5) Restrictions on calling expert as witness at trial
(6) When court may dispense with requirement of this Part
Rule 11-8 — Repealed
Part 12 — Trial
Rule 12-1 — How to Set Trial for Hearing
(1) Application
(2) Notice of trial
(3) Content of notice of trial
(4) Registry
(5) Place of trial
(6) When notice of trial must be served
(7) If trial date unacceptable
(8) Time of trial
(9) Court may make orders respecting trial dates
(10) Duty to inform registry
Rule 12-2 — Trial Management Conference
(1) Date for trial management conference
(2) Trial management conference must be conducted by judge
(3) Trial brief required
(3.1) Trial brief — other parties of record
(3.2) Failure to serve trial brief
(3.3) Trial removed from trial list
(3.4) Application for consent order
(3.5) Application materials
(3.6) Consent order
(4) Who must attend the trial management conference
(5) Absent parties must be available and accessible by telephone or other means
(6) Application must be made by requisition
(7) Non-attendance at trial management conference
(8) Proceedings must be recorded
(9) Orders at a trial management conference
(10) When approval in writing by lawyer not required
(11) Prohibited orders
Rule 12-3 — Trial Record
(1) Trial record for the court
(2) Powers of registrar respecting trial records
(3) Filing and service of trial record
(4) Amended trial record
(5) Direction as to trial record
Rule 12-4 — Trial Certificate
(1) Trial certificate
(2) When trial certificate must be filed
(3) What trial certificate must contain
(4) Service
(5) Failure to file
(6) Applications prohibited
Rule 12-5 — Evidence and Procedure at Trial
(1) Application
(2) Court may vary order
(3) Failure to prove a material fact
(4) No evidence application
(5) Defendant need not elect whether to call evidence
(6) Insufficient evidence application
(7) Defendant must elect not to call evidence
(8) Notice to produce
(9) Numbering exhibit pages
(10) Opportunity to inspect exhibit
(11) Registrar to take charge of exhibits
(12) Return of exhibits
(13) Other returns
(14) Disposal of exhibits after final disposition
(15) Notice respecting disposal of exhibits before final disposition
(16) Disposal of exhibits before final disposition
(17) If exhibit disposed of
(18) If exhibit destroyed
(19) "Adverse party" defined
(20) Adverse witness
(21) Notice to call adverse witness
(22) Exceptions
(23) Application to set notice aside
(24) Court may make order
(25) Refusal to comply with notice
(26) Adverse party as witness may be cross-examined
(27) Witness to testify orally
(28) Witness must be listed in witness list
(29) Examination of witnesses
(30) Any party may contradict testimony
(31) Party may prepare and serve subpoena
(32) Form of subpoena
(33) Subpoena not to be filed or sealed
(34) Service of subpoena
(35) Fees to accompany subpoena
(36) Production of documents and physical objects
(37) Order for attendance of witness in custody
(38) Failure of witness to attend, etc.
(39) Order setting aside subpoena
(40) Use of deposition evidence
(41) Use of videotape or film
(42) Certified transcript
(43) Video recording of deposition evidence
(44) Video recording of evidence becomes exhibit
(45) Deposition to be given in full
(46) Persons against whom discovery evidence is admissible
(47) Notice required of evidence
(48) Attendance at trial may be required
(49) Court may consider whole examination
(50) Discovery evidence of person under disability
(51) Transcripts of discovery evidence
(52) Use of pre-trial examination of a witness
(53) Court may consider whole pre-trial examination
(54) Use of transcript of other proceedings
(55) Transcript for the court
(56) Objection to transcript evidence at trial
(57) Custody of transcripts
(58) Use of interrogatories at trial
(59) Affidavit evidence
(60) Copy of affidavit must be furnished
(61) Cross-examination
(62) Court may extend or abridge time to require witness attendance
(63) Contents
(64) Cross-examination not limited
(65) Costs where attendance unnecessary
(66) Trial with assessor
(67) Trial of one question before others
(68) Trial by different modes of trial
(69) Calculation of amount by officer of the court
(70) Use of recording device
(71) Evidence of particular facts
(72) Order of speeches
(73) Court may make order respecting submissions
(74) Clerk to note time of trial
(75) Failure of all parties to appear at trial
(76) Failure of one party to appear at trial
(77) Court may set aside judgment
Rule 12-6 — Jury Trials
(0.1) Application of Rule 12-6
(0.2) Rules during specified period
(0.3) Filing jury notice and paying jury fees before October 8, 2022
(0.4) Application of subrule (5) before October 8, 2022
(1) Trial without jury generally
(2) Trial without jury in certain proceedings
(3) Notice requiring jury trial
(4) Jury notice not to prevent transfer of proceeding
(5) Court may refuse jury trial
(6) No application for judgment necessary
(7) Judgment impossible on jury findings
(8) Only partial judgment possible on jury findings
(9) Jury failing to reach verdict
(10) Retrial
(11) Continuing trial without jury
(12) Trial may continue without jury
Part 13 — Orders
Rule 13-1 — Orders
(1) Drawing and approving orders
(2) When approval in writing not required
(3) Form of order
(4) Endorsement of order on application sufficient in certain cases
(5) Order granted conditionally on document to be filed
(6) Waiver of order obtained on condition
(7) Order of judge or master
(8) Date of order
(9) Approval of order
(10) Requirement of consent order
(11) Settlement of orders
(12) Appointment to settle
(13) Party failing to attend on appointment to settle
(14) Review of settlement
(15) Registrar may draw order
(16) Special directions for entry or service
(17) Correction of orders
(18) Opinions, advice and directions of the court
(19) Orders on terms and conditions
Rule 13-2 — Enforcement of Orders
(1) Order to pay money to a person
(2) Order to pay money into court
(3) Order for recovery or delivery of land
(4) Order for recovery or delivery of property other than land
(5) Appointment of receiver
(6) Execution by or against person not a party
(7) Remedy on non-compliance with mandatory order
(8) Issue of execution on conditional order
(9) Order when right to relief has arisen
(10) Issue of execution on change of parties
(11) Production of order before execution
(12) Endorsement of writ
(13) Issue of writ of sequestration, possession or delivery
(14) Issue of writ of execution if order to pay money within a period
(15) Issue of writ of execution
(16) When writ of execution is issued
(17) Copy of writ of execution must be left with registry
(18) Term of writ of execution
(19) Renewal of writ of execution
(20) Hearing of writ of execution
(21) Writ of execution to be endorsed
(22) Enforcement costs
(23) Registrar may fix amount
(24) Assessments and accounting
(25) Registrar may certify on accounting
(26) Certificate of same effect as order
(27) Separate writs for costs
(28) Judgment for recovery of property other than land
(29) Acknowledgment of payment
(30) Order that judgment has been paid
(31) Stay of execution
(32) Balance becomes payable if instalment not paid when due
(33) Application for relief
(34) Application for directions
(35) Enforcement of certificate
Rule 13-3 — Subpoena to Debtor
(1) Subpoena to debtor
(2) To whom subpoena must be directed
(3) Service of subpoena
(4) Examination of debtor
(5) Examiner
(6) Examination
(7) Adjournment
(8) Debtor refusing to attend or respond
(9) Creditor failing to attend, etc.
(10) Debtor unreasonably refusing to pay
(11) Order for payment
(12) Notice of application for committal
(13) Order for committal
(14) Costs payable by debtor
(15) Form of order
(16) Term of order
(17) Payment to sheriff
(18) Maintenance money recoverable
(19) Debtor to be brought before court
(20) Application to set aside or vary order
(21) Payment of debt
(22) Receipt for payment
(23) Release from custody
(24) Payment to creditor
(25) Requisition for discharge
(26) Failure to pay sheriff
(27) Liability imposed by order
(28) Repealed
Rule 13-4 — Examinations in Aid of Execution
(1) Definitions
(2) Examination of judgment debtor
(3) Examination of corporate, partnership or firm judgment debtor
(4) Limitation
(5) Examination of person other than judgment debtor
(6) Order in certain cases
(7) Application of examination for discovery rules
(8) Use of examination
(9) Costs
(10) Service of notice
(11) Production of documents
Rule 13-5 — Sales by the Court
(1) Court may order sale
(2) Sale in debenture holder's proceeding
(3) Conduct of sale
(4) Directions for sale
(5) Application for directions
(6) Certificate of sale
(7) Vesting order
Part 14 — Costs
Rule 14-1 — Costs
(1) How costs assessed generally
(2) Assessment of party and party costs
(3) Assessment of special costs
(4) Assessment officer
(5) Disbursements
(6) Repealed
(7) Directions
(8) Tax in respect of legal services and disbursements
(9) Costs to follow event
(10) Costs in cases within small claims jurisdiction
(11) Costs where party represented by an employee
(12) Costs of applications
(13) When costs payable
(14) Costs arising from improper act or omission
(15) Costs of whole or part of proceeding
(16) Costs payable from estate or property
(17) Set-off of costs
(18) Costs of one defendant payable by another
(19) Unnecessary expense after judgment
(20) Form of bill of costs
(21) Appointment to review a bill, examine an agreement or assess costs
(22) Place for review or examination
(23) Further particulars
(24) Assessment of sheriff's fees
(25) Service of appointment
(26) Costs on default judgment
(27) Certificate of costs
(28) Certificate of fees
(29) Review of an assessment
(30) Form of bill in certain cases
(31) Description of services
(32) Evidence of lawyer
(33) Disallowance of fees and costs
(34) Costs may be ordered without assessment
(35) Notice
(36) Order to be served
(37) Limitation
(38) Refusal or neglect to procure assessment
(39) Referrals
Part 15 — Fast Track Litigation Proceedings
Rule 15-1 — Fast Track Litigation
(1) When rule applies
(2) Subsequent filings
(3) Damages not limited
(4) Rule does not apply to class proceedings
(5) Conflict
(6) When rule ceases to apply
(7) Case planning conference required
(8) Exception
(9) Court may relieve
(10) Trial to be without jury
(11) Oral discovery
(12) When discoveries must be completed
(12.1) Repealed
(13) Setting of trial date
(14) If trial will require more than 3 days
(15) Costs
(16) Settlement offers
(17) Taxes to be added to costs
Part 16 — Petition Proceedings
Rule 16-1 — Petitions
(1) Definitions
(2) Petitions
(3) Service
(4) Response to petition
(5) Contents of response to petition
(6) Petitioner may respond
(7) No additional affidavits
(8) Setting application for hearing
(9) Date and time of hearing
(10) Date and time if hearing time more than 2 hours
(11) Petition record
(12) Service of petition record
(13) If petition respondent's application is to be heard at the hearing
(14) Petition record to be returned
(15) Petition record to be returned to registry
(16) Provision of amended petition record
(16.1) Resetting adjourned hearings
(17) Petition respondent may apply for directions
(18) Powers of court
(19) Amendment of petition or response to petition
(20) Renewal of original petition
(21) Further renewal of petition
(22) When renewal period begins
(23) After renewal of petition
Part 17 — Requisition Proceedings
Rule 17-1 — Requisitions
(1) Proceedings to which this rule applies
(2) Filings required
(3) If proceeding is by consent
(4) If no notice is required
(5) Disposition of referred documents
Part 18 — Other Court Proceedings
Rule 18-1 — Inquiries, Assessments and Accounts
(1) Direction for inquiries, assessments or accounts
(2) Certificate as to result
(3) Report and recommendation
(4) Application to vary or confirm recommendation
(5) Time and place of hearing
(6) Appointment
(7) Witnesses
(8) Certificate or recommendation to be filed and served
(9) Party may file certificate
(10) Opinion of the court
(11) Accounts of executor, trustee, etc.
(12) Special directions
(13) Court may appoint lawyer
(14) Varying directions
(15) Account to be verified by affidavit
(16) Form of account
(17) Particulars of errors in account
(18) Notice of order
(19) Person bound as if party
(20) Dispensing with service
(21) Person may apply to vary or rescind
(22) Person may file a notice of interest
Rule 18-2 — Stated Cases
(1) Definitions
(2) Application
(3) Material to be filed
(4) Identification of parties and others
(5) Contents
(6) Delivery of notice of stated case
(7) Powers of court
(8) Requirement for notice of interest
(9) Notice of hearing of stated case
Rule 18-3 — Appeals
(1) Application
(2) Form
(3) Directions
(4) Conduct of appeal
(5) Application for directions
(6) Service of notice of appeal
(7) Powers of court
(8) Filing notice of interest
(9) Notice of hearing of appeal
(10) Notice of abandonment of appeal
Part 19 — Judgments from Other Courts
Rule 19-1 — Transfer of Proceedings from Provincial Court
(1) Definition
(2) These Supreme Court Civil Rules apply to transferred proceedings
(3) Repealed
(4) Pleadings
(5) Plaintiff must file and serve amended notice of civil claim
(6) Amended reply and counterclaim
(6.1) Application of Rule 6-1
(7) Previous address for service
(8) Filing fees
Rule 19-2 — Canadian Judgments
(1) Definition
(2) Registration requirements for Canadian judgments
Rule 19-3 — Foreign Judgments
(1) Definitions
(2) Application under Court Order Enforcement Act
(3) Affidavit in support
(4) Applications for reciprocal enforcement of judgment
(5) Form of order to register
(6) Notice of registration
(7) Setting aside registration of judgment under convention
(8) Stay of enforcement
(9) Stay of proceeding in action on foreign judgment
Rule 19-4 — Transfer of Proceedings from Foreign Courts
(1) Court may require translation for transferred proceeding
(2) Entry prohibited until security given
(3) Translation and security expenses may be claimed as disbursements
Rule 19-5 — Documents Required by Judicial Authority of Other Jurisdictions
(1) Request for certified copy with additional formalities
(2) Required supplies
(3) Request for production of certification or formal documentation
(4) Request must include document
(5) Filing request
Part 20 — Special Rules for Certain Parties
Rule 20-1 — Partnerships
(1) Partners may sue or be sued in firm name
(2) Service on firm
(3) Responding pleading
(4) Affidavit naming partners
(5) Court may order service
(6) Execution against partnership property
(7) Execution against partners
(8) Execution against other persons
(9) Liability may be determined
(10) Action against person carrying on business in a name other than the person's own
Rule 20-2 — Persons under Disability
(1) Interpretation
(2) Start of proceedings by person under disability
(3) Role of litigation guardian
(4) Lawyer must be involved
(5) Litigation guardian
(6) Committee as litigation guardian
(7) Consent of litigation guardian
(8) Certificate of fitness
(9) Certificate for a litigation guardian
(10) Party becoming incompetent
(11) Removal of litigation guardian
(12) Party attaining age of majority
(13) Effect of filing affidavit
(14) Step in default
(15) Service
(16) Litigation guardian must be appointed
(17) Compromise by person under disability
(18) Approval of compromise
Rule 20-3 — Representative Proceedings
(1) Representative proceeding
(2) Court may appoint representative
(3) Enforcement of order made in representative proceeding
(4) Application for leave
(5) Court order
(6) Representation of interested person who cannot be ascertained
(7) Appointment order binding
(8) Order affecting non-party
(9) Person bound
(10) Representation of beneficiaries by trustees
(11) Additional powers of the court
(12)-(13) Repealed
(14) Person as relator
(15) Conduct of a proceeding
Rule 20-4 — Declaratory Relief
(1) Declaratory order
Rule 20-5 — Persons Who Are Not Required to Pay Fees
(1) Court may order that no fees are payable
(2) Application of order
(3) How to apply
(4) Review, variation or rescission of order
(5) No fee payable
Rule 20-6 — Litigation Representatives
(1) Definition
(2) Application of rule
(3) Starting, conducting or defending a proceeding on behalf of deceased's estate
(4) Notice of application required
(5) Procedure for application
(6) No authorization to distribute proceeds
(7) Substitution required
(8) When personal representative is appointed
Part 21 — Special Rules for Certain Proceedings
Rule 21-1 — Admiralty Matters
(1) Actions to which rule applies
(2) What actions may be brought in rem
(3) Notice of civil claim — actions in rem
(4) Notice of civil claim — when started with action in personam
(5) Special service rules for notices of claim issued under subrule (3) or (4)
(6) Response to civil claim may be filed in name of ship
(7) Response to civil claim
(8) Arrest — "Affidavit to Lead Warrant"
(9) Issue of warrant
(10) Form of warrant
(11) Service of warrant
(12) Proof of service
(13) When arrest takes effect
(14) Property not to be moved
(15) Order for safety and preservation
(16) Possession of property arrested
(17) Security
(18) Filing of caveat
(19) Withdrawal of caveat
(20) Damages for wrongful filing of caveat
(21) Application for damages
(22) Summary determination of damages
(23) Release of property arrested
(24) Bail bond or guarantee
(25) Amount of bail
(26) Service of the application
(27) Bail information required
(28) Release
(29) When release occurs
(30) Application of subrules (31) to (35)
(31) Pleadings and particulars
(32) The "preliminary act"
(33) Form of preliminary act
(34) Preliminary act not to be opened
(35) Preliminary act to form part of pleading
Rule 21-2 — Carriage by Air Act
(1) Carriage by Air Act
Rule 21-3 — Mandamus, Prohibition, Certiorari and Habeas Corpus
(1) Proceeding to be started by petition
(2) Writs abolished
(3) Person affected may take part in proceeding
Rule 21-4 and Rule 21-5
Rule 21-6 — Wills, Estates and Succession Act Wills Variation Proceedings
(1) Proceedings under the Wills, Estates and Succession Act
(2) Parties
(3) Response to civil claim
(4) These Supreme Court Civil Rules apply
Rule 21-7 — Foreclosure and Cancellation
(1) Starting the proceeding
(2) Parties
(3) Joinder of claim or party
(4) Person filing interest after certificate of pending litigation
(5) Powers of the court
(6) Final order
(7) Order for sale
(8) Inquiry to settle terms of sale
(9) Order confirming sale
(10) Notice to assess costs
(11) Agreement for sale
Rule 21-8 — Jurisdictional Disputes
(1) Disputed jurisdiction
(2) Order declining jurisdiction may be sought
(3) Disputed pleading or service
(4) Powers of court pending resolution
(5) Party does not submit to jurisdiction
Rule 21-9 — Negligence Act Claims
(1) Contribution or indemnity claimed under the Negligence Act
(2) Apportionment of liability claimed under the Negligence Act
Part 22 — General
Rule 22-1 — Chambers Proceedings
(1) Definition
(2) Failure of party to attend
(3) Reconsideration of order
(4) Evidence on an application
(5) Hearing of application in public
(6) Adjournment of application if applications not heard on date set
(7) Power of the court
(8) Powers of court if notice not given
(9) Urgent chambers proceeding
(10) Adjournment
(11) Notes of applications
Rule 22-2 — Affidavits
(1) Affidavit to be filed
(2) Form and content of affidavit
(3) Identifying affidavits
(4) Making affidavit
(5) Statement to be signed
(6) Statement if person swearing or affirming the affidavit unable to read
(7) Interpretation to person swearing or affirming the affidavit who does not understand English
(8) Exhibit to be marked
(9) Copies of documentary exhibits
(10) Numbering exhibit pages
(11) Alterations to be initialled
(12) Limitation on contents of affidavit
(13) Exception
(14) Use of defective affidavit
(15) Affidavit made before proceeding started
(16) Affidavit of patient under the Patients Property Act
Rule 22-3 — Forms and Documents
(1) Forms
(2) Documents
(3) Transcripts
(4) Space for stamp
(5) Style of proceeding
(5.1) Exception
(6) Style of proceeding for class proceeding
Rule 22-4 — Time
(1) Computation of time
(2) Extending or shortening time
(3) Extending or shortening time respecting pleadings
(4) Notice of intention to proceed after delay of one year
(5) Want of prosecution
(6) Attendance
Rule 22-5 — Multiple Claims and Parties
(1) Multiple claims
(2) Multiple parties
(3) Joining persons jointly entitled to relief
(4) If persons are jointly liable
(5) Party need not be interested in all relief
(6) Separation
(7) Separating counterclaim or third party claim
(8) Consolidation
(9) Misjoinder or nonjoinder of parties
Rule 22-6 — Change of Lawyer
(1) Change of lawyer
(2) Order that lawyer has ceased to act
(3) Order on application of lawyer
(4) Notice of withdrawal
(5) Filing of objection
(6) Procedure if no objection filed
(7) Service of notice of withdrawal
(8) Service of documents after withdrawal
(9) Procedure if objection filed
(10) Substituted service
(11) Service of copy of order
Rule 22-7 — Effect of Non-compliance
(1) Non-compliance with rules
(2) Powers of court
(3) Proceeding must not be set aside for incorrect originating pleading
(4) Application to set aside for irregularity
(5) Consequences of certain non-compliance
(6) Failure to comply with direction of court
(7) Dismissal for want of prosecution
Rule 22-8 — Contempt of Court
(1) Power of court to punish
(2) Corporation in contempt
(3) Security
(4) Certain acts as contempt
(5) If person may be guilty of contempt
(6) Power of court after apprehension
(7) If corporation may be guilty of contempt
(8) Power of court after apprehension
(9) Release of apprehended person
(10) Order for release
(11) Proceeding for contempt
(12) Affidavit
(13) Hearing
(14) Service of order not necessary
(15) Suspension of punishment
(16) Discharge of person
(17) Weekly review of person in custody
Part 23 — Court and Registry Matters
Rule 23-1 — Registry Operations
(1) Copy of document filed in registry
(2) When registry open
(3) Hours of registrar
(4) Lunch hours
(5) Use of seal
(6) Name of registry
(7) Signature of registrar
(8) Business not to be conducted out of office hours
(9) Request to registrar by requisition
(10) Incapacity of judge
(11) Powers of substituted judge
(12) Powers of presiding judge
(13) Transfers
Rule 23-2 — Fax Filing
(1) Application
(2) Document may be submitted for filing by fax
(3) Means of transmission
(4) Application of this rule
(5) When a document is filed
(6) Confirmation of filing
(7) Confirmation of filing
(8) Original of document may be required by court
Rule 23-3 — Electronic Filing
(1) Definitions
(2) This rule prevails in event of conflict
(3) Electronic services agreement
(4) Means of transmission
(5) Application of this rule
(6) Affidavits and other signed documents
(7) Retention of documents
(8) Conversion of documents
(9) Inspection of original documents
(10) Requisition
(11) Application of Rule 22-2
(12) Electronic authentication deemed a signature
(13) Filing of documents
(14) Electronic acceptance
(15) Sealing of notice of civil claim
(16) Public access to documents filed electronically
(17) Service of documents
(18) If document does not reach a person
Rule 23-4 — Money in Court
(1) Interpretation
(2) Deposit of funds
(3) Deposit of securities
(4) Transmission of securities
(5) Payment out of court
(6) Interest
(7) No other interest payable
(8) Calculation of interest
(9) Account
(10) Investments
(11) Direction for payment out
(12) Deposit of other money paid into court
(13) No interest on other funds
(14) Money for person under disability
(15) Payment out of money or security
(16) Payment in for infant
(17) Payment out of money held for infant
Rule 23-5 — Sittings and Hearings
(1) Under direction of Chief Justice
(2) Urgency
(3) Hearing by communication medium
(4) Video conferencing
(4.1) Application to registrar by communication medium
(5) Application must be made by requisition
Rule 23-6 — Masters, Registrars and Special Referees
(1) Powers of a master
(2) Master as registrar
(3) Repealed
(3.1) Hearing record
(3.2) Dealings with hearing record
(4) Registrar's powers at registrar's hearing
(5) Registrar's directions at pre-hearing conference
(6) Reference by master to judge
(7) Reference by registrar to judge or master
(8) Repealed
(8.1) Notice of appeal
(8.2) Service of notice of appeal and appellant's statement of argument
(8.3) Notice of interest
(8.4) Service of notice of interest and respondent's statement of argument
(8.5) Transcript of reasons for judgment or decision
(8.6) Transcript of oral evidence
(8.7) Date and time of hearing of appeal
(8.8) Appeal record
(8.9) Appeal record to be returned
(8.10) Abridgement or modification of timelines and documents required on appeal
(9)-(10) Repealed
(11) Appeal not to act as stay
Part 24 — Transition
Rule 24-1 — Transitional Pleadings
(1) Definitions
(2) These rules apply to transitional proceedings
(3) Pleadings deemed to be a notice of civil claim
(4) Requisition deemed to be a notice of civil claim
(5) Petition
(6) Appearance and statement of defence deemed to be a response to civil claim
(7) Appearance deemed to be a response to petition
(8) Other pleadings
(9) Unserved writ of summons
(10) Demand for amendment
(11) Party must amend
(12) Failure to amend
(13) Address for service
(14) Step in ongoing proceeding
(15) Trial management conference
(16) Court may decide
Part 25 — Estates
Rule 25-1 — Definitions
(1) Definitions
(2) Interpretation
(3) When delivery occurs under this Part
(4) Renunciation of executorship
(5) Solemn form
(6) Parties and parties of record
Rule 25-2 — Notice Must Be Provided
(1) Notice of intended application for estate grant or resealing
(2) Persons to whom documents must be delivered
(3) Form of notice of application
(4) Multiple intended applicants
(5) When delivery occurs under this rule
(6) No delivery by e-mail, fax or other electronic means without acknowledgement
(7) If delivery is effected by e-mail, fax or other electronic means
(8) If person to whom notice is to be delivered is a minor
(9) If testamentary trust exists
(10) If person to whom notice is to be delivered is a mentally incompetent person
(11) How notice may be delivered to a mentally incompetent person
(12) If person to whom notice is to be delivered is dead
(13) Notice to Public Guardian and Trustee
(14) Court may alter or dispense with notice
(15) Public Guardian and Trustee not required to deliver notice under subrule (1)
(16) If application made for solemn form grant
Rule 25-3 — Application for Estate Grant
(1) Definition
(2) Documents to be filed in an application
(3) Filing of wills
(4) Multiple applicants
(5) Documents to be separate
(6) Form of affidavit for application for grant of probate or grant of administration with will annexed
(7) Filing of affidavit of assets and liabilities for estate grant
(8) Affidavit of assets and liabilities for non-domiciled estate grant
(9) Supplemental affidavit of assets and liabilities for estate grant
(10) Filing of affidavit of translator
(11) Delivery to Public Guardian and Trustee
(12) Exceptions to delivery to Public Guardian and Trustee
(13) Sealing of court file
(14) Search for will
(14.1) Copy must be attached
(15) Proof of proper execution of will by affidavit of subscribing witness
(16) Evidence of proper execution of will where subscribing witness unavailable
(17) Proof of proper execution of privileged will by member of military force
(18) Proof of will-maker's knowledge of will
(19) International Wills Convention
(20) Alterations
(21) Words erased or obliterated
(22) Registrar must consider appearance of will
(23) Document referred to in will
(23.1) Fee agreements
(24) Reference to judge or master
Rule 25-4 — Procedure After Filing Application Materials for Estate Grant
(1) Approval by registrar of application
(2) When registrar must refuse to approve application
(3) Application must be in relation to will
(4) Registrar must provide notice of refusal
(5) How notice is to be provided
(6) Procedure after refusal by registrar to approve application
(7) Subrules (1) to (6) applicable after filing of revised or additional material
(8) Application by one or more of several co-executors
Rule 25-5 — Corrections, Amendments and Revocations of Estate Documents
(1) Applications to correct
(1.1) Application to correct name of deceased in style of proceeding
(2) Registrar may correct
(2.1) Registrar may correct name of deceased in style of proceeding
(3) Application for amendment
(4) Issue of new grant
(5) Filing of grant in revocation application
(6) When leave may be granted
(7) No revocation by default
Rule 25-6 — Applications for Resealing
(1) Definition
(2) Application for resealing
(3) Multiple applicants
(4) Domicile of deceased on resealing
(5) Documents to be separate
(6) Filing of affidavit of assets and liabilities for resealing
(7) Supplemental affidavit of assets and liabilities for resealing
(8) Filing of affidavit of translator
(9) Delivery to Public Guardian and Trustee
(10) Exceptions to delivery to Public Guardian and Trustee
(11) Search for will
Rule 25-7 — Procedure After Filing Application Materials for Resealing
(1) Approval by registrar of application
(2) Certification of resealing
(3) When registrar must refuse to approve application
(4) Registrar must provide notice of refusal
(5) How notice is to be provided
(6) Procedure after refusal by registrar to approve application
(7) Subrules (1) to (6) applicable after filing of revised or additional material
(8) Notice to issuing court of resealing
(9) Notice of revocation or amendment of resealed grant
Rule 25-8 — Effect of Authorization to Obtain Estate Information or Authorization to Obtain Resealing Information
(1) Authorizations may be delivered
(2) Order to provide information
(3) Powers of court if information or access not provided
Rule 25-9 — Application to Court for Grant or Resealing
(1) Applicant may apply to court
(2) Application materials
(3) Powers of the court
(4) Registrar to issue authorization or grant following disposition of application
Rule 25-10 — Notices of Dispute
(1) Notice of dispute
(2) Only one notice of dispute to be filed
(3) Contents of notice of dispute
(4) Amendment of notice of dispute
(5) Amendment of notice of dispute
(6) Renewal of notice of dispute
(7) Application for renewal of notice of dispute
(8) No grant while notice of dispute in effect
(9) Withdrawal of notice of dispute
(10) Application to remove notice of dispute
(11) Grounds on which notice of dispute may be removed
(12) When notice of dispute ceases to be in effect
Rule 25-11 — Citations
(1) Citation to apply for probate
(2) Alternate executors
(3) Citation to be supported
(4) Answer to citation
(5) Deemed renunciation of executorship
(6) Effect of failure to answer citation or give reason for refusing probate
(7) Affidavit of deemed renunciation for grant of probate
Rule 25-12 — Subpoena for Testamentary Document or Grant
(1) How to obtain a subpoena for testamentary document or grant
(2) Filings required
(3) Subpoena may be issued
(4) Service of subpoena
(5) Certification of non-compliance
(6) Failure of subpoenaed person to file document
(7) Release of apprehended person
(8) Order setting aside subpoena
Rule 25-13 — Remuneration and Passing of Accounts
(1) Remuneration and passing of accounts
(2) Application process
(3) Directions and referrals
(4) Effect of referral to registrar
(5) Certification of results
(6) Affidavit required for passing of accounts and remuneration
(7) Special costs
Rule 25-14 — Applications
(1) How to apply for most applications
(1.1) How to apply by petition for orders
(1.11) Applications by requisition
(1.2) Substitution of personal representative in the event of death
(2) How to apply for spousal home and will deficiencies orders
(3) Address for service
(4) Proceeding for proof of a will in solemn form
(5) Personal representative to be served
(6) When personal service is required
(7) Disputant to receive notice of proceeding relating to a grant
(8) Court may give directions as to procedure
(9) General civil petition rule applies
Rule 25-15 — Miscellaneous
(1) Grant of administration to guardians
(2) Changing address for service
(3) If no address for service given
(4) Costs if only solemn form required
Rule 25-16 — Transition
(1) Definition
(2) Application for grant or resealing under former rule
(3) Caveat filed under former rule
(4) Citation to accept or refuse probate served under former rule
(5) Probate actions under former rule
(6) Court may decide
Appendix A — List of Forms
Appendix A.1 — List of Probate Forms
Appendix B — Party and Party Costs
Appendix C — Fees

Part 1 — Interpretation

Rule 1-1 — Interpretation

Definitions

(1) In these Supreme Court Civil Rules, unless the context otherwise requires:

"accessible address" means an address that describes a unique and identifiable location in British Columbia that is accessible to the public during normal business hours for the delivery of documents;

"action" means a proceeding started by a notice of civil claim;

"address for service", in relation to a party to a proceeding, means an address that is, under Rule 4-1, the party's address for service in the proceeding;

"case plan order" means an order referred to in Rule 5-3 (3);

"Chief Justice" means the Chief Justice of the Supreme Court of British Columbia;

"court" means the Supreme Court of British Columbia and, if a master has jurisdiction, includes a master of the Supreme Court;

"document" has an extended meaning and includes a photograph, film, recording of sound, any record of a permanent or semi-permanent character and any information recorded or stored by means of any device;

"family law case" has the same meaning as in the Supreme Court Family Rules;

"fast track action" means an action that is, under Rule 15-1 (1), an action to which Rule 15-1 applies;

"file" means file in the registry;

"former Supreme Court Rules" means the Supreme Court Rules, B.C. Reg. 221/90;

"insurer" means an insurer, as defined in the Financial Institutions Act, that

(a) has provided a policy of insurance to a party to an action in relation to matters or property in issue in that action, and

(b) under that policy, is obligated to indemnify the party for liability imposed on the party in the action,

and includes a surety of a party to an action in circumstances in which a claim has been made on a surety bond related to the matters in issue in the action;

"order" includes a judgment and a decree;

"originating pleading" means a notice of civil claim, counterclaim, third party notice or any document, other than a petition, that starts a proceeding;

"party", in relation to a proceeding, means a person named as a party in the style of proceeding;

"party of record", in relation to a proceeding, means a person who has filed a pleading, petition or response to petition in the proceeding, and includes,

(a) in a proceeding referred to in Part 18, a person who has filed a notice of interest under that Part;

(b) Repealed. [B.C. Reg. 44/2014, Sch. 2, s. 1.]

"party's lawyer", in relation to a party to a proceeding, means the lawyer representing the party in that proceeding;

"petition proceeding" means a proceeding started by a petition;

"plaintiff" means a person who starts an action;

"pleading" means a notice of civil claim, a response to civil claim, a reply, a counterclaim, a response to counterclaim, a third party notice or a response to third party notice;

"pleading period", in relation to an action, means the period for filing a responding pleading to the pleading that was most recently filed in the action;

"proceeding" means an action, a petition proceeding and a requisition proceeding, and includes any other suit, cause, matter, stated case under Rule 18-2 or appeal;

"receiver" includes receiver-manager;

"registrar" includes a district registrar and a deputy district registrar;

"registrar's hearing" means an inquiry, an assessment, an accounting, a review of a bill, an examination of an agreement or an assessment of a bill of costs;

"registry", in relation to a proceeding, means the office of the court in which the proceeding is being conducted;

"relief" includes remedy;

"requisition proceeding" means a proceeding started by a requisition;

"responding pleading" means a response to civil claim, a response to counterclaim, a response to third party notice, a reply or any other document filed in response to an originating pleading;

"serve", in relation to a document, means

(a) serve by ordinary service in accordance with Rule 4-2 (2), or

(b) if the document is one referred to in Rule 4-3 (1), serve by personal service in accordance with Rule 4-3 (2);

"special referee" means any person, other than a master or registrar, who is appointed by the court under these Supreme Court Civil Rules or under an enactment to conduct an assessment, inquiry or accounting;

"style of proceeding" means, in relation to a document that is or is to be filed in a proceeding, that portion of the document that

(a) sets out the registry number attributed to the proceeding and the court and registry in which the proceeding is being or is to be conducted, and

(b) identifies the parties to the proceeding or, if there is no person named as a defendant, the subject matter of the proceeding;

"third party" means a person referred to in Rule 3-5 (1) against whom a third party claim is pursued;

"witness list" means a list referred to in Rule 7-4 (1);

"writ of execution" includes a writ of seizure and sale, a writ of sequestration, a writ of possession and a writ of delivery and any subsequent writ that issues to give effect to these writs, and also includes a warrant or other process of execution issued out of any court in British Columbia that has jurisdiction to grant and issue that process.

[am. B.C. Regs. 119/2010, Sch. A, s. 1; 18/2013; 44/2014, Sch. 2, s. 1.]

Interpretation Act and Supreme Court Act

(2) Unless a contrary intention appears, the Interpretation Act and the interpretation section of the Supreme Court Act apply to these Supreme Court Civil Rules.

Titles and headings

(3) The titles and headings of these Supreme Court Civil Rules are for convenience only and are not intended as a guide to interpretation.

Reference aids

(4) Italicized words in square brackets are not part of these Supreme Court Civil Rules, are included editorially for convenience of reference only and are not to be used in interpreting the rules or any provision to which the words refer.

Rule 1-2 — Citation and Application

Citation

(1) These Supreme Court Civil Rules may be cited as the "Supreme Court Civil Rules" and are included within any reference to the "Rules of Court" or the "Supreme Court Rules".

Application

(2) These Supreme Court Civil Rules govern every proceeding in the Supreme Court unless

(a) the proceeding is a family law case, in which case the Supreme Court Family Rules apply, or

(b) an enactment otherwise provides.

Waiver of rule by agreement

(3) On application, and if all parties to a proceeding agree, the court may order that any provision of these Supreme Court Civil Rules does not apply to the proceeding.

Petitions and applications

(4) If an enactment, other than these Supreme Court Civil Rules or the Supreme Court Family Rules, authorizes an application to the court or to a judge, the application must be

(a) by petition under Rule 16-1 or requisition under Rule 17-1, or

(b) if the application is for an order other than a final order, by application under Part 8,

whether or not the enactment provides for the mode of application.

[am. B.C. Reg. 119/2010, Sch. A, s. 2.]

Enactments of Canada

(5) Subrule (4) does not apply if a particular mode of application is required by an enactment of Canada.

Rule 1-3 — Object of Rules

Object

(1) The object of these Supreme Court Civil Rules is to secure the just, speedy and inexpensive determination of every proceeding on its merits.

Proportionality

(2) Securing the just, speedy and inexpensive determination of a proceeding on its merits includes, so far as is practicable, conducting the proceeding in ways that are proportionate to

(a) the amount involved in the proceeding,

(b) the importance of the issues in dispute, and

(c) the complexity of the proceeding.

Part 2 — How to Make a Claim

Rule 2-1 — Choosing the Correct Form of Proceeding

Commencing proceedings by notice of civil claim

(1) Unless an enactment or these Supreme Court Civil Rules otherwise provide, every proceeding must be started by the filing of a notice of civil claim under Part 3.

Commencing proceedings by petition or requisition

(2) To start a proceeding in the following circumstances, a person must file a petition or, if Rule 17-1 applies, a requisition:

(a) the person starting the proceeding is the only person who is interested in the relief claimed, or there is no person against whom relief is sought;

(b) the proceeding is brought in respect of an application that is authorized by an enactment to be made to the court;

(c) the sole or principal question at issue is alleged to be one of construction of an enactment, will, deed, oral or written contract or other document;

(d) the relief, advice or direction sought relates to a question arising in the execution of a trust, or the performance of an act by a person in the person's capacity as trustee, or the determination of the persons entitled as creditors or otherwise to the trust property;

(e) the relief, advice or direction sought relates to the maintenance, guardianship or property of infants or other persons under disability;

(f) the relief sought is for payment of funds into or out of court;

(g) the relief sought relates to land and is for

(i) a declaration of a beneficial interest in or a charge on land and of the character and extent of the interest or charge,

(ii) a declaration that settles the priority between interests or charges,

(iii) an order that cancels a certificate of title or making a title subject to an interest or charge, or

(iv) an order of partition or sale;

(h) the relief, advice or direction sought relates to the determination of a claim of solicitor and client privilege.

[am. B.C. Reg. 149/2013, s. 1 (a).]

Estate proceedings

(2.1) Without limiting any other provision of this Rule, a proceeding to which Part 25 applies may be started by

(a) the filing of a submission for estate grant under Rule 25-3 (2),

(b) the filing of a submission for resealing under Rule 25-6 (2),

(c) the filing of a requisition under Rule 25-12 (2), 25-14 (1) or 25-14 (1.11), or

(d) the filing of a petition under Rule 25-14 (1.1), (2) or (4).

[en. B.C. Reg. 149/2013, s. 1 (b); am. B.C. Reg. 115/2019, s. 1.]

Procedures applicable to particular proceedings

(3) Without limiting subrules (1) to (2.1), the following provisions apply to the following applications and proceedings:

(a) Rule 8-3 applies to an application for an order by consent;

(b) Rule 8-4 applies to an application of which notice need not be given;

(c) Rule 10-3 applies to a proceeding brought to obtain relief by way of interpleader or in which such relief is sought;

(c.1) Rule 14-1 (21) applies to an appointment for a review of a bill or an examination of an agreement under the Legal Profession Act;

(d) Rule 15-1 applies to a fast track action;

(e) Rule 18-2 applies to a stated case;

(f) Rule 18-3 applies to an appeal that is authorized, by an enactment, to be made to the court;

(g) Rule 19-3 applies to a proceeding to register a reciprocally enforceable judgment within the meaning of Rule 19-3;

(h) Rule 21-1 applies to a proceeding brought in rem against a ship or other property;

(i) Part 25 applies to a proceeding in relation to the administration of an estate;

(j) Repealed. [B.C. Reg. 149/2013, s. 1 (d).]

(k) Rule 21-7 applies to a proceeding for foreclosure of the equitable right to redeem mortgaged property, for redemption or for cancellation of an agreement for sale.

[am. B.C. Regs. 119/2010, Sch. A, s. 3; 149/2013, s. 1 (c) and (d).]

Rule 2-2 — Tribunal Awards

Definition

(1) In this rule, "tribunal award" means any order, decision, judgment or other determination that, under an enactment, may be filed or registered in the court for enforcement purposes.

[en. B.C. Reg. 120/2014, s. 1.]

Tribunal awards may be filed

(2) A tribunal award may be filed in a registry.

[en. B.C. Reg. 120/2014, s. 1.]

Filing tribunal awards

(3) To file a tribunal award under subrule (2), a certified copy of the tribunal award must be attached to a requisition in Form 17.2 and the requisition must be filed.

[en. B.C. Reg. 120/2014, s. 1.]

Part 3 — Proceedings Started by Filing a Notice of Civil Claim

Rule 3-1 — Notice of Civil Claim

Notice of civil claim

(1) To start a proceeding under this Part, a person must file a notice of civil claim in Form 1.

Contents of notice of civil claim

(2) A notice of civil claim must do the following:

(a) set out a concise statement of the material facts giving rise to the claim;

(b) set out the relief sought by the plaintiff against each named defendant;

(c) set out a concise summary of the legal basis for the relief sought;

(d) set out the proposed place of trial;

(e) if the plaintiff sues or a defendant is sued in a representative capacity, show in what capacity the plaintiff sues or the defendant is sued;

(f) provide the data collection information required in the appendix to the form;

(g) otherwise comply with Rule 3-7.

Rule 3-2 — Serving and Renewing the Notice of Civil Claim

Renewal of original notice of civil claim

(1) An original notice of civil claim does not remain in force for more than 12 months, but if a defendant named in a notice of civil claim has not been served, the court, on the application of the plaintiff made before or after the expiration of the 12 months, may order that the original notice of civil claim be renewed for a period of not more than 12 months.

Further renewal of notice of civil claim

(2) If a renewed notice of civil claim has not been served on a defendant named in the notice of civil claim, the court, on the application of the plaintiff made during the currency of the renewed notice of civil claim, may order the renewal of the notice of civil claim for a further period of not more than 12 months.

When renewal period begins

(3) Unless the court otherwise orders, a renewal period ordered under subrule (1) or (2) begins on the date of the order.

After renewal of notice of civil claim

(4) Unless the court otherwise orders, a copy of each order granting renewal of a notice of civil claim must be served with the renewed notice of civil claim, and the renewed notice of civil claim remains in force and is available to prevent the operation of any statutory limitation and for all other purposes.

Rule 3-3 — Responding to a Notice of Civil Claim

Filing a response to civil claim

(1) To respond to a notice of civil claim, a person must, within the time for response to civil claim referred to in subrule (3),

(a) file a response to civil claim in Form 2, and

(b) serve a copy of the filed response to civil claim on the plaintiff.

Contents of response to civil claim

(2) A response to civil claim under subrule (1)

(a) must

(i) indicate, for each fact set out in Part 1 of the notice of civil claim, whether that fact is

(A) admitted,

(B) denied, or

(C) outside the knowledge of the defendant,

(ii) for any fact set out in Part 1 of the notice of civil claim that is denied, concisely set out the defendant's version of that fact, and

(iii) set out, in a concise statement, any additional material facts that the defendant believes relate to the matters raised by the notice of civil claim,

(b) must indicate whether the defendant consents to, opposes or takes no position on the granting of the relief sought against that defendant in the notice of civil claim,

(c) must, if the defendant opposes any of the relief referred to in paragraph (b) of this subrule, set out a concise summary of the legal basis for that opposition, and

(d) must otherwise comply with Rule 3-7.

Period for filing response to civil claim

(3) Unless the court otherwise orders, to respond to a notice of civil claim, a response to civil claim under this rule must be filed and served within the following period:

(a) in the case of a notice of civil claim that is served on a person,

(i) if the person was served anywhere in Canada, within 21 days after that service,

(ii) if the person was served anywhere in the United States of America, within 35 days after that service, or

(iii) if the person was served anywhere else, within 49 days after that service;

(b) in the case of a notice of civil claim that is served on a ship or property under Rule 21-1 (5), within 21 days after service.

[am. B.C. Regs. 95/2011, Sch. A, s. 1; 112/2012, Sch. A, s. 1.]

Payment into court when tender pleaded

(4) If the response to civil claim alleges a defence of tender or tender of money by way of amends, the defendant must pay into court the amount alleged to have been tendered, failing which the defence of tender or tender of money by way of amends may be struck out.

Costs if defence of tender successful

(5) If, on a judgment, costs are awarded to a defendant who has paid into court under this rule, the assessed costs must be paid to the defendant out of the money in court.

Application for money paid into court

(6) A plaintiff may, before trial, apply to take out money paid into court under this rule, and the court may deal with costs of the action as if the defence of tender had succeeded.

Tender in defamation action

(7) If in an action for defamation the defendant is permitted to allege the plaintiff failed to mitigate his or her damages, the defendant may also allege tender of money by way of amends, whether the tender was made before or after action was started.

Consequence if fact not responded to

(8) An allegation of fact in a notice of civil claim, if not admitted, denied or stated to be outside the knowledge of the defendant, is deemed to be outside the knowledge of the defendant.

Rule 3-4 — Counterclaim

Counterclaim

(1) A defendant in an action who wishes to pursue a claim within that action against the plaintiff must, within the time set out for the filing of a response to civil claim under Rule 3-3 (3), file a counterclaim in Form 3 that accords with Rule 3-7.

Counterclaim against another person

(2) If the counterclaim referred to in subrule (1) raises questions between the defendant bringing the counterclaim and a person other than the plaintiff, the defendant may join that other person as a party against whom the counterclaim is brought.

Identification of parties

(3) In a counterclaim,

(a) the plaintiff against whom the counterclaim is brought must be identified as the "plaintiff",

(b) each defendant against whom the counterclaim is brought must, along with the defendant bringing the counterclaim, be identified as a "defendant", and

(c) any other person against whom the counterclaim is brought must be identified as a "defendant by way of counterclaim".

Service of counterclaim

(4) Unless the court otherwise orders, a defendant who files a counterclaim

(a) must serve a copy of the filed counterclaim on all parties of record within the time set out in Rule 3-3 (3) for the filing and service of a response to civil claim, and

(b) if the counterclaim is brought against a person who is not yet a party of record to the action, must serve that defendant by way of counterclaim by personal service with

(i) a copy of the filed counterclaim, and

(ii) a copy of the filed notice of civil claim

within 60 days after the date on which the counterclaim was filed.

Response to counterclaim

(5) A person against whom a counterclaim is brought must, if that person wishes to dispute the counterclaim,

(a) file a response to counterclaim in Form 4 that accords with Rule 3-7, and

(b) serve a copy of that filed response to counterclaim on all parties of record.

Application of rules

(6) Except to the extent that this rule otherwise provides, Rules 3-1, 3-3 and 3-8 apply to a counterclaim as if it were a notice of civil claim and to a response to counterclaim as if it were a response to civil claim.

If action stayed or discontinued

(7) Without limiting subrule (6) of this rule, a defendant's counterclaim in an action may proceed even though the plaintiff's claim in the action has been stayed, discontinued or dismissed.

Separate trial of counterclaim

(7.1) If, on the application of a party against whom a counterclaim is made, it appears that the subject matter of the counterclaim ought to be dealt with separately, the court may order that the counterclaim be struck out or tried separately or may make any other order the court considers will further the object of these Supreme Court Civil Rules.

[en. B.C. Reg. 119/2010, Sch. A, s. 4.]

Judgment

(8) If a set-off or counterclaim of a defendant establishes a defence to the plaintiff's claim, the court may grant judgment in favour of the defendant for any balance in the defendant's favour or for other relief as the court considers appropriate.

Rule 3-5 — Third Party Claims

Making a third party claim

(1) A party against whom relief is sought in an action may, if that party is not a plaintiff in the action, pursue a third party claim against any person if the party alleges that

(a) the party is entitled to contribution or indemnity from the person in relation to any relief that is being sought against the party in the action,

(b) the party is entitled to relief against the person and that relief relates to or is connected with the subject matter of the action, or

(c) a question or issue between the party and the person

(i) is substantially the same as a question or issue that relates to or is connected with

(A) relief claimed in the action, or

(B) the subject matter of the action, and

(ii) should properly be determined in the action.

Plaintiff as defendant to counterclaim

(1.1) Subrule (1) does not preclude a plaintiff from pursuing a third party claim in his or her capacity as a defendant to a counterclaim.

[en. B.C. Reg. 119/2010, Sch. A, s. 5 (a).]

Third party need not be party to original action

(2) A third party claim may be pursued against a person, whether or not that person is a party to the action.

Pursuing a third party claim

(3) Subject to subrule (4), a party wishing to pursue a third party claim referred to in subrule (1) must file a third party notice in Form 5 that accords with Rule 3-7.

When leave is required

(4) A party may file a third party notice

(a) at any time with leave of the court, or

(b) without leave of the court, within 42 days after being served with the notice of civil claim or counterclaim in which the relief referred to in subrule (1) is claimed.

Court may consider case plan order

(5) If the court makes an order under subrule (4) (a) in an action in which a case plan order has been made, the court may

(a) consider if and to what extent the case plan order is appropriate given the third party notice, and

(b) amend the case plan order, if necessary, for that purpose.

Application for leave

(6) Notice of an application for leave under subrule (4) (a) must be served on

(a) the third party, and

(b) all parties of record.

Service

(7) Unless the court otherwise orders, a party who files a third party notice must,

(a) within 60 days after the date on which the third party notice is filed, serve on the third party

(i) a copy of the filed third party notice, and

(ii) if the third party is not a party of record at the time of service, a copy of any filed pleading that has previously been served by any party to the action, and

(b) promptly after the date on which the third party notice is filed, serve a copy of the filed third party notice on all parties of record.

Application to set aside third party notice

(8) At any time, on application, the court may set aside a third party notice.

Response to third party notice

(9) Subject to subrule (10), if a third party wishes to dispute the third party notice, the third party must

(a) file a response to third party notice in Form 6 that accords with Rule 3-7, and

(b) serve a copy of the filed response to third party notice on all parties of record.

When response to third party notice not required

(10) A third party who is a defendant in the action need not file or serve a response to third party notice and is deemed to deny the facts alleged in the third party notice and to rely on the facts pleaded in that party's response to civil claim if all of the following apply:

(a) the third party notice contains no claim other than a claim for contribution or indemnity under the Negligence Act;

(b) the third party has filed and served a response to civil claim to the plaintiff's notice of civil claim;

(c) the third party intends, in defending against the third party notice, to rely on the facts set out in the third party's response to civil claim and on no other facts.

Application of rules

(11) Except to the extent that this rule otherwise provides, Rules 3-1 and 3-3 apply to a third party notice as if it were a notice of civil claim and to a response to third party notice as if it were a response to civil claim.

[am. B.C. Reg. 119/2010, Sch. A, s. 5 (b).]

Response to civil claim

(12) A third party who has filed a response to third party notice may, within the period for filing and serving a response to the third party notice, file and serve on all parties of record a response to civil claim to the plaintiff's notice of civil claim, raising any defence open to a defendant.

Application for directions

(13) A party affected by a third party procedure may apply to the court for directions.

Powers of court

(14) The court may impose terms on any third party procedure to limit or avoid any prejudice or unnecessary delay that might otherwise be suffered by a party as a result of that third party procedure.

Third party issues

(15) An issue between the party filing the third party notice and the third party may be tried at the time the court may direct.

Default of response to third party notice

(16) If a third party has not filed a response to third party notice and the time for filing the response to third party notice has expired, the party who filed the third party notice may apply for judgment in default of response to third party notice against the third party and notice of the application must be served on each other party of record.

[en. B.C. Reg. 119/2010, Sch. A, s. 5 (a).]

Relief

(17) On an application under subrule (16), the court may grant any or all of the relief claimed in the third party notice.

[en. B.C. Reg. 119/2010, Sch. A, s. 5 (a).]

Rule 3-6 — Reply

Service of reply

(1) A plaintiff may, within 7 days after the response to civil claim has been served, file and serve on all parties of record a reply in Form 7 that accords with Rule 3-7.

Pleading subsequent to reply

(2) No pleading subsequent to a reply may be filed or served without leave of the court.

Failure to reply

(3) If no reply to a response to civil claim is served, a joinder of issue on that response to civil claim is implied.

No joinder of issue

(4) A reply that is a simple joinder of issue must not be filed or served.

Rule 3-7 — Pleadings Generally

Content of Pleadings

Pleading must not contain evidence

(1) A pleading must not contain the evidence by which the facts alleged in it are to be proved.

Documents and conversations

(2) The effect of any document or the purport of any conversation referred to in a pleading, if material, must be stated briefly and the precise words of the documents or conversation must not be stated, except insofar as those words are themselves material.

When presumed facts need not be pleaded

(3) A party need not plead a fact if

(a) the fact is presumed by law to be true, or

(b) the burden of disproving the fact lies on the other party.

When performance of a condition precedent need not be pleaded

(4) A party need not plead the performance of a condition precedent necessary for the party's case unless the other party has specifically denied it in the other party's pleadings.

Matters arising since start of proceeding

(5) A party may plead a matter that has arisen since the start of the proceeding.

Inconsistent allegations

(6) A party must not plead an allegation of fact or a new ground or claim inconsistent with the party's previous pleading.

Alternative allegations

(7) Subrule (6) does not affect the right of a party to make allegations in the alternative or to amend or apply for leave to amend a pleading.

Objection in point of law

(8) A party may raise in a pleading an objection in point of law.

Pleading conclusions of law

(9) Conclusions of law must not be pleaded unless the material facts supporting them are pleaded.

Status admitted

(10) Unless the incorporation of a corporate party or the office or status of a party is specifically denied, it is deemed to be admitted.

Set-off or counterclaim

(11) A defendant in an action may set off or set up by way of counterclaim any right or claim, whether the set-off or counterclaim is for damages or not, so as to enable the court to pronounce a final judgment on all claims in the same action.

Pleading after the notice of civil claim

(12) In a pleading subsequent to a notice of civil claim, a party must plead specifically any matter of fact or point of law that

(a) the party alleges makes a claim or defence of the opposite party not maintainable,

(b) if not specifically pleaded, might take the other party by surprise, or

(c) raises issues of fact not arising out of the preceding pleading.

General relief

(13) A pleading need not ask for general or other relief.

General damages must not be pleaded

(14) If general damages are claimed, the amount of the general damages claimed must not be stated in any pleading.

Substance to be answered

(15) If a party in a pleading denies an allegation of fact in the previous pleading of the opposite party, the party must not do so evasively but must answer the point of substance.

Denial of contract

(16) If a contract, promise or agreement is alleged in a pleading, a bare denial of it by the opposite party is to be construed only as a denial of fact of the express contract, promise or agreement alleged, or of the matters of fact from which it may be implied by law, and not as a denial of the legality or sufficiency in law of that contract, promise or agreement.

Allegation of malice

(17) It is sufficient to allege malice, fraudulent intention, knowledge or other condition of the mind of a person as a fact, without setting out the circumstances from which it is to be inferred.

Particulars

When particulars necessary

(18) If the party pleading relies on misrepresentation, fraud, breach of trust, wilful default or undue influence, or if particulars may be necessary, full particulars, with dates and items if applicable, must be stated in the pleading.

Lengthy particulars

(19) If the particulars required under subrule (18) of debt, expenses or damages are lengthy, the party pleading may refer to this fact and, instead of pleading the particulars, must serve the particulars in a separate document either before or with the pleading.

Further particulars

(20) Particulars need only be pleaded to the extent that they are known at the date of pleading, but further particulars

(a) may be served after they become known, and

(b) must be served within 10 days after a demand is made in writing.

Particulars in libel or slander

(21) In an action for libel or slander,

(a) if the plaintiff alleges that the words or matter complained of were used in a derogatory sense other than their ordinary meaning, the plaintiff must give particulars of the facts and matters on which the plaintiff relies in support of that sense, and

(b) if the defendant alleges that, insofar as the words complained of consist of statements of fact, they are true in substance and in fact, and that insofar as they consist of expressions of opinion, they are fair comment on a matter of public interest, the defendant must give particulars stating which of the words complained of the defendant alleges are statements of fact and of the facts and matters relied on in support of the allegation that the words are true.

Order for particulars

(22) The court may order a party to serve further and better particulars of a matter stated in a pleading.

Demand for particulars

(23) Before applying to the court for particulars, a party must demand them in writing from the other party.

Demand for particulars not a stay of proceedings

(24) A demand for particulars does not operate as a stay of proceedings or give an extension of time, but a party may apply for an extension of time for serving a responding pleading on the ground that the party cannot answer the originating pleading until particulars are provided.

Rule 3-8 — Default Judgment

Default in filing and serving a response to civil claim

(1) A plaintiff may proceed against a defendant under this rule if

(a) that defendant has not filed and served a response to civil claim, and

(b) the period for filing and serving the response to civil claim has expired.

[am. B.C. Reg. 119/2010, Sch. A, s. 6.]

Filings required

(2) A plaintiff who wishes to proceed against a defendant under this rule must file

(a) proof of service of the notice of civil claim on that defendant,

(b) proof that the defendant has failed to serve a response to civil claim,

(c) a requisition endorsed by a registrar with a notation that no response to civil claim has been filed by that defendant, and

(d) a draft default judgment order in Form 8.

Claims for Which Default Judgment Is Available

Claim for specified or ascertainable amount

(3) If the plaintiff's action against a defendant includes a claim for recovery of money in a specified or ascertainable amount, the plaintiff may

(a) on that claim, obtain judgment in Form 8 against that defendant for an amount not exceeding the total of

(i) the amount claimed,

(ii) the interest, if any, to which the plaintiff is entitled, and

(iii) costs, and

(b) proceed against one or more of the defendants, including the defendant against whom judgment was obtained, on any other claims brought in the action that are not barred as a result of the judgment referred to in paragraph (a).

[en. B.C. Reg. 95/2011, Sch. A, s. 2 (a).]

Interest

(4) For the purpose of subrule (3), a claim may be treated as a claim for recovery of money in a specified or ascertainable amount even though

(a) part of the claim is for interest accruing after the date of the notice of civil claim, and

(b) the interest is to be computed from the date of the notice of civil claim to the date that judgment is granted.

[en. B.C. Reg. 95/2011, Sch. A, s. 2 (a).]

Claim for damages to be assessed

(5) If the plaintiff's action against a defendant includes a claim for damages in an amount that is neither specified nor ascertainable, the plaintiff may

(a) on that claim, obtain judgment in Form 8 against that defendant for damages to be assessed and costs, and

(b) proceed against one or more of the defendants, including the defendant against whom judgment was obtained, on any other claims brought in the action that are not barred as a result of the judgment referred to in paragraph (a).

[en. B.C. Reg. 95/2011, Sch. A, s. 2 (a).]

Claim for detention of goods

(6) If the plaintiff's action against a defendant includes a claim for the detention of goods, the plaintiff may

(a) on that claim, obtain

(i) judgment in Form 8 against that defendant for the delivery of the goods, or their value to be assessed and costs, or

(ii) judgment in Form 8 against that defendant for the value of the goods to be assessed and costs, and

(b) proceed against one or more of the defendants, including the defendant against whom judgment was obtained, on any other claims brought in the action that are not barred as a result of the judgment referred to in paragraph (a).

[en. B.C. Reg. 95/2011, Sch. A, s. 2 (a).]

Repealed

(7) Repealed. [B.C. Reg. 95/2011, Sch. A, s. 2 (a).]

Application to judge or master

(8) If a registrar is not certain that a plaintiff's claim against a defendant relates to a claim within subrule (3), (5) or (6), the registrar may refuse to grant judgment and the plaintiff may apply to a judge or master for default judgment.

[am. B.C. Reg. 95/2011, Sch. A, s. 2 (b).]

Judgment in other actions

(9) If the plaintiff's claim against a defendant is not one referred to in subrule (3), (5) or (6), the plaintiff may apply for judgment against the defendant under subrule (10).

[en. B.C. Reg. 95/2011, Sch. A, s. 2 (a).]

Application for judgment

(10) The following apply to an application under subrule (9):

(a) the application may be brought under Rule 8-4;

(b) the application must be supported by an affidavit setting out the facts that verify the claim and stating that the person swearing the affidavit knows of no fact that would constitute a defence to the claim except as to amount;

(c) if the action in which the application is made is brought against several defendants, the court may

(i) impose terms on any judgment for the plaintiff, including a stay of execution of the judgment until the trial of the action against the other defendants, or

(ii) adjourn the application until the trial of the action against the other defendants.

[en. B.C. Reg. 95/2011, Sch. A, s. 2 (a).]

Court may set aside or vary default judgment

(11) The court may set aside or vary any judgment granted under this rule.

Assessments

Method of assessment

(12) Subject to subrule (13), if a plaintiff has obtained judgment for damages to be assessed or value to be assessed,

(a) the plaintiff may set the assessment down for trial, and

(b) if the assessment is set for trial, unless the court otherwise orders, the assessment must be tried at the same time as the trial of the action or issues against any other defendant.

Alternative methods of assessment

(13) If a plaintiff has obtained judgment under subrule (5) or (6), the plaintiff may, instead of proceeding to trial to assess the damages or the value of the goods, apply to the court, and, on that application, the court may

(a) assess the damages or value of the goods summarily on affidavit or other evidence,

(b) order an assessment, an inquiry or an accounting,

(c) give directions as to the trial or hearing of the assessment or determination of value, or

(d) make any other order the court considers will further the object of these Supreme Court Civil Rules.

[am. B.C. Reg. 95/2011, Sch. A, s. 2 (c).]

Part 4 — Service

Rule 4-1 — Address for Service

Party must have address for service

(1) Each party of record to a proceeding must,

(a) if the party is represented by a lawyer in the proceeding, have, as the party's address for service, an accessible address that is the office address of that lawyer, or

(b) if the party is not represented by a lawyer in the proceeding,

(i) have, as the party's address for service, an accessible address within 30 kilometres of the registry, or

(ii) if the party does not have an accessible address within 30 kilometres of the registry, have, as the party's addresses for service, both

(A) an accessible address, and

(B) a postal address in British Columbia, a fax number or an e-mail address.

Additional addresses for service

(2) A party may have, in addition to the address or addresses for service the party is required to have under subrule (1), one or more of the following as addresses for service:

(a) a postal address;

(b) a fax number;

(c) an e-mail address.

Change of address for service

(3) A party of record may change his or her address or addresses for service by filing and serving on the other parties of record a notice of address for service in Form 9 that shows, for the party,

(a) the address or addresses for service required under subrule (1), and

(b) any additional addresses for service referred to in subrule (2) that the party wishes to include.

Rule 4-2 — Ordinary Service

Documents normally to be served by ordinary service

(1) Subject to Rule 4-3 (1) and unless the court otherwise orders, documents to be served by a party under these Supreme Court Civil Rules may be served by ordinary service.

How to serve documents by ordinary service

(2) Unless the court otherwise orders, ordinary service of a document is to be effected in any of the following ways on a person who has provided an address for service in the proceeding:

(a) by leaving the document at the person's address for service;

(b) by mailing the document by ordinary mail to the person's address for service;

(c) subject to subrule (5) of this rule, if a fax number is provided as one of the person's addresses for service, by faxing the document to that fax number together with a fax cover sheet;

(d) if an e-mail address is provided as one of the person's addresses for service, by e-mailing the document to that e-mail address.

When service by delivery is deemed to be completed

(3) A document served by leaving it at a person's address for service is deemed to be served on the person as follows:

(a) if the document is left at the address for service at or before 4 p.m. on a day that is not a Saturday or holiday, the document is deemed to be served on the day of service;

(b) if the document is left at the address for service on a Saturday or holiday or after 4 p.m. on any other day, the document is deemed to be served on the next day that is not a Saturday or holiday.

When service by mail is deemed to be completed

(4) A document sent for service by ordinary mail under this rule is deemed to be served one week later on the same day of the week as the day of mailing or, if that deemed day of service is a Saturday or holiday, on the next day that is not a Saturday or holiday.

When documents may be served by fax

(5) A document may be served by fax as follows:

(a) if the document, including the fax cover sheet, is less than 30 pages, the document may be served by fax at any time;

(b) if the document, including the fax cover sheet, is 30 pages or more, the document may be served by fax if it is transmitted

(i) between 5 p.m. and the following 8 a.m., or

(ii) at another time if the person receiving the document agreed to that time before service.

When service by fax or e-mail is deemed to be completed

(6) A document transmitted for service by fax or e-mail under this rule is deemed to be served as follows:

(a) if the document is transmitted before 4 p.m. on a day that is not a Saturday or holiday, the document is deemed to be served on the day of transmission;

(b) if the document is transmitted on a Saturday or holiday or after 4 p.m. on any other day, the document is deemed to be served on the next day that is not a Saturday or holiday.

If no address for service given

(7) If, despite these Supreme Court Civil Rules, a party of record on whom a document is to be served has no address for service, and if these Supreme Court Civil Rules do not specify that the document must be served by personal service on the party,

(a) the document may be served by mailing a copy of the document by ordinary mail to

(i) the party's lawyer, or

(ii) if the party has no lawyer representing the party in the proceeding, to the party's last known address, and

(b) subrule (4) applies.

Rule 4-3 — Personal Service

When documents must be served by personal service

(1) Unless the court otherwise orders or these Supreme Court Civil Rules otherwise provide, the following documents must be served by personal service in accordance with subrule (2):

(a) a notice of civil claim;

(b) a petition;

(c) a counterclaim if that counterclaim is being served on a person who is not a party of record;

(d) a third party notice if that third party notice is being served on a person who is not a party of record;

(e) a subpoena to a witness who is not a party of record;

(f) a subpoena to a debtor under Rule 13-3;

(f.1) a subpoena under Rule 25-12;

(g) a citation referred to in Rule 25-11;

(h) a notice of intention to withdraw under Rule 22-6 if that notice is being served on the person who was being represented by the lawyer who filed the notice;

(i) a notice of application under Rule 22-8 for an order for contempt;

(j) any document not mentioned in paragraphs (a) to (i) of this subrule that is to be served on a person who is not a party of record to the proceeding or who has not provided an address for service in the proceeding under Rule 8-1 (11);

(k) any other document that under these Supreme Court Civil Rules is to be served by personal service.

[am. B.C. Reg. 149/2013, s. 2.]

How to serve documents by personal service

(2) Unless the court otherwise orders, personal service of a document is to be effected as follows:

(a) on an individual, by leaving a copy of the document with him or her;

(b) on a corporation,

(i) by leaving a copy of the document with the president, chair, mayor or other chief officer of the corporation,

(ii) by leaving a copy of the document with the city clerk or municipal clerk,

(iii) by leaving a copy of the document with the manager, cashier, superintendent, treasurer, secretary, clerk or agent of the corporation or of any branch or agency of the corporation in British Columbia, or

(iv) in the manner provided by the Business Corporations Act or any enactment relating to the service of court documents,

and, for the purpose of this paragraph, if the chief place of business of the corporation is outside British Columbia, every person who, within British Columbia, transacts or carries on any of the business of, or any business for, that corporation is deemed to be an agent of the corporation;

(c) on an unincorporated association, other than a trade union, by leaving a copy of the document with any officer of the association;

(d) on a trade union, by leaving a copy of the document with any officer of the trade union or with a business agent;

(e) on an infant, in the manner provided by the Infants Act;

(f) on a mentally incompetent person, by leaving a copy of the document

(i) with the person's committee or, if there is no committee, with the person with whom the mentally incompetent person resides or in whose care he or she is or with the person appointed by the court to be served in the mentally incompetent person's place, and

(ii) with the Public Guardian and Trustee,

and in no case is it necessary to show the original document;

(g) on a principal referred to in subrule (3), in accordance with subrules (3) to (5);

(h) on the Attorney General, in accordance with subrule (6).

Agent may be served

(3) If an agent residing or carrying on business in British Columbia enters into a contract, in British Columbia, on behalf of a principal who resides outside British Columbia, and a proceeding is brought that relates to or arises out of that contract, a pleading or other document in that proceeding may be served on the agent with leave of the court.

Court may grant leave

(4) The court may make an order granting leave under subrule (3) before the agent's authority or the agent's business relations with the principal have been determined.

Notice to principal

(5) Promptly after a pleading or other document is served on an agent under subrule (3), the party serving the pleading or other document must send, by registered mail to the principal at the principal's address outside British Columbia,

(a) a copy of the entered order giving leave for that service, and

(b) a copy of the filed pleading or other document.

Service on Attorney General

(6) A document to be served on the Attorney General must be served at the Ministry of Attorney General in the City of Victoria, and is sufficiently served if it is left during office hours with any lawyer on the staff of the Attorney General at Victoria or mailed by registered mail to the Deputy Attorney General at Victoria.

[am. B.C. Regs. 27/2013, Sch. 2, s. 13; 99/2018, Sch. 2, s. 16.]

When personal service is deemed to be completed

(7) A document served by personal service is deemed to be served as follows:

(a) if the document is served at or before 4 p.m. on a day that is not a Saturday or holiday, the document is deemed to be served on the day of service;

(b) if the document is served on a Saturday or holiday or after 4 p.m. on any other day, the document is deemed to be served on the next day that is not a Saturday or holiday.

Date of deemed service

(8) If an originating pleading or petition has not been served on a person, but the person files a responding pleading or response to petition or attends at the trial or at the hearing of the petition, the originating pleading or petition is deemed to have been served on that person on the date the person files or attends.

Rule 4-4 — Alternative Methods of Service

Alternative service methods

(1) If it is impracticable to serve a document by personal service or if the person to be served by personal service

(a) cannot be found after a diligent search, or

(b) is evading service of the documents,

the court may, on application without notice, make an order for substituted service granting permission to use an alternative method of service.

[am. B.C. Reg. 119/2010, Sch. A, s. 7 (a).]

If an alternative service method is permitted

(2) If a document is to be served by an alternative method permitted under subrule (1), a copy of the entered substituted service order that granted permission to use that alternative method must be served with the document unless

(a) the court otherwise orders, or

(b) the alternative method of service permitted under subrule (1) is service by advertisement.

[am. B.C. Reg. 119/2010, Sch. A, s. 7 (b).]

Service by advertisement

(3) If, under subrule (1), the court permits a document to be served by advertisement, the advertisement must be in Form 10.

Rule 4-5 — Service outside British Columbia

Service outside British Columbia without leave

(1) An originating pleading, petition or other document may be served on a person outside British Columbia without leave in any of the circumstances enumerated in section 10 of the Court Jurisdiction and Proceedings Transfer Act.

[am. B.C. Reg. 119/2010, Sch. A, s. 8.]

Required endorsement

(2) A copy of an originating pleading or petition served outside British Columbia without leave must state, by endorsement in Form 11, the circumstances enumerated in section 10 of the Court Jurisdiction and Proceedings Transfer Act on which it is claimed that service is permitted under this rule.

Application for leave to serve outside the jurisdiction

(3) In any case not provided for in subrule (1), leave of the court must be obtained before an originating pleading, petition or other document may be served outside British Columbia, and the court may grant such leave on an application referred to in subrule (4).

[am. B.C. Reg. 119/2010, Sch. A, s. 8.]

Applications may be made without notice

(4) An application for leave to serve a person outside British Columbia

(a) may be made without notice in accordance with Rule 8-1 (2) (b), and

(b) must be supported by an affidavit or other evidence showing

(i) in what place or country that person is or probably may be found, and

(ii) the grounds on which the application is made.

Service of order and related documents

(5) If an order is made granting leave to serve an originating pleading, petition or other document outside British Columbia, the following documents must be served with that originating pleading or other document:

(a) a copy of the filed notice of application or requisition for leave to serve;

(b) a copy of all filed affidavits in support of the application;

(c) a copy of the entered order granting leave to serve.

[am. B.C. Reg. 119/2010, Sch. A, s. 8.]

If service without leave valid

(6) This rule does not invalidate service of a document outside British Columbia without leave of the court if the document could have been validly served apart from this rule.

Contract containing terms for service

(7) Despite this rule, the parties to a contract may agree

(a) that the court will have jurisdiction to hear a proceeding in respect of the contract, and

(b) that a document in the proceeding may be served

(i) at any place, within or outside British Columbia,

(ii) on any party,

(iii) on any person on behalf of any party, or

(iv) in any manner

specified or indicated in the contract.

Contract does not invalidate effective service

(8) Service of a document in accordance with a contract referred to in subrule (7) is effective service, but no contractual stipulation as to service of a document invalidates service that would otherwise be effective under these Supreme Court Civil Rules.

Definition

(9) In subrules (10) to (13), "Convention" means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, signed at the Hague on November 15, 1965.

Manner of service abroad

(10) A document may be served outside British Columbia

(a) in a manner provided by these Supreme Court Civil Rules for service in British Columbia,

(b) in a manner provided by the law of the place where service is made if, by that manner of service, the document could reasonably be expected to come to the notice of the person to be served, or

(c) in a state that is a contracting state under the Convention, in a manner provided by or permitted under the Convention.

Proof of service abroad

(11) Service of a document outside British Columbia may be proved

(a) in a manner provided by these Supreme Court Civil Rules for proof of service in British Columbia,

(b) in the manner provided for proof of service by the law of the place where service was made regardless of the manner under subrule (10) by which service was effected, or

(c) in accordance with the Convention, if service was effected under subrule (10) (c).

Forms

(12) If service is to be made in accordance with Article 5 of the Convention, Forms 12 and 13 must be used.

Certificate

(13) If an authority has, in accordance with Article 6 of the Convention, completed a certificate in Form 14, the certificate is evidence of the facts stated in it.

Rule 4-6 — Proving Service

Proof of service

(1) Service of a document is proved as follows:

(a) service on a person of an originating pleading is proved

(i) by filing an affidavit of personal service in Form 15, or

(ii) by the person filing a responding pleading;

(b) service on a person of a petition is proved

(i) by filing an affidavit of personal service in Form 15, or

(ii) by the person filing a response to petition;

(c) service of any other document served by personal service is proved by filing an affidavit of personal service in Form 15;

(d) service of any document that is served by ordinary service is proved

(i) by filing an affidavit of ordinary service in Form 16, or

(ii) by filing a requisition in Form 17 to which is attached a written acknowledgment of receipt signed by the party or lawyer on whom the document was served.

Proof of service by sheriff

(2) Service of a document by a sheriff may be proved by a certificate in Form 18 endorsed on a copy of the document.

Service on member of Canadian Armed Forces

(3) If a member of the Canadian Armed Forces has been served with a document by an officer of the Canadian Armed Forces, proof of the service in the form of a certificate annexed to a copy of the document served, signed by the officer and stating his or her rank and when, where and how service was effected, may be filed as proof of service.

Admissibility of other evidence of service

(4) Nothing in subrules (1) to (3) restricts the court from considering any other evidence of service that the court considers appropriate in the circumstances.

Rule 4-7 — Relief

If service is alleged to be ineffective

(1) If a document has been served in accordance with this Part but a person can show that the document

(a) did not come to his or her notice,

(b) came to his or her notice later than when it was served, or

(c) was incomplete or illegible,

the court may set aside an order, extend time, order an adjournment or make such other order as it considers will further the object of these Supreme Court Civil Rules.

Part 5 — Case Planning

Rule 5-1 — Requesting a Case Planning Conference

Case planning conference may be requested

(1) A party of record to an action may, at any time after the pleading period has expired, request a case planning conference by

(a) obtaining a date and time for the case planning conference from the registry, and

(b) filing a notice of case planning conference in Form 19.

Case planning conference may be directed

(2) Without limiting subrule (1), at any stage of an action after the pleading period has expired, the court

(a) may direct that a case planning conference take place, and

(b) in that case, must direct that a party request a case planning conference in accordance with subrule (1).

Time for service of notice

(3) Unless the court otherwise orders or the parties of record otherwise agree, a party who is requesting a case planning conference under subrule (1) or who has been directed to file a notice of case planning conference under subrule (2) must serve the filed notice of case planning conference on the other parties of record,

(a) in the case of the first case planning conference to be held in the action, at least 35 days, or any shorter period that the court may order, before the date set for the case planning conference, and

(b) in the case of any other case planning conference to be held in the action, at least 7 days, or any shorter period that the court may order, before the date set for the case planning conference.

Application must be made by requisition

(4) An application under subrule (3) (a) or (b) to shorten the service period applicable to a notice of case planning conference

(a) must be made by requisition in Form 17,

(b) must be supported by a letter signed by the party or the party's lawyer setting out the reasons why the order is sought, and

(c) unless the court otherwise orders, may be made without notice.

Case plan proposal required

(5) Unless the court otherwise orders, if a case planning conference is requested or ordered under this rule, the parties of record must, before the first case planning conference to be held in the action, file case plan proposals as follows:

(a) the party of record who is requesting the case planning conference must, within 14 days after serving the notice of case planning conference,

(i) file the party's case plan proposal, and

(ii) serve a copy of the filed case plan proposal on all other parties of record;

(b) each other party of record must, within 14 days after receipt of the case plan proposal referred to in paragraph (a),

(i) file the party's case plan proposal, and

(ii) serve a copy of the filed case plan proposal on all other parties of record.

[am. B.C. Reg. 120/2014, s. 2.]

Contents of case plan proposal

(6) A party's case plan proposal referred to in subrule (5) must be in Form 20 and must, in a summary manner, indicate the party's proposal with respect to the following steps:

(a) discovery of documents;

(b) examinations for discovery;

(c) dispute resolution procedures;

(d) expert witnesses;

(e) witness lists;

(f) trial type, estimated trial length and preferred periods for the trial date.

Rule 5-2 — Conduct of Case Planning Conference

Case planning conference must be conducted by judge or master

(1) A case planning conference held in an action must be conducted by a judge or master.

Who must attend

(2) Unless the court otherwise orders, the following persons must attend a case planning conference in accordance with subrule (3):

(a) each lawyer representing a party of record;

(b) a party of record if

(i) the party is not represented by a lawyer in the action, or

(ii) the party is ordered to attend by the court.

Manner of attendance

(3) Unless the court otherwise orders, a lawyer or party of record referred to in subrule (2) must

(a) attend in person at the first case planning conference held in an action, and

(b) attend any subsequent case planning conference held in the action

(i) by telephone or other communication medium, if all persons participating in the case planning conference, whether by telephone, by other communication medium or in person, are able to communicate with each other, or

(ii) in person.

Application must be made by requisition

(4) Each application under subrule (2) for an order exempting a person from attending a case planning conference and an application under subrule (3) respecting the method of attendance

(a) must be made by requisition in Form 17,

(b) must be supported by a letter signed by the person or the person's lawyer setting out the reasons why the order is sought, and

(c) unless the court otherwise orders, may be made without notice.

Considerations of the court

(5) If an application is brought under subrule (2) for an order exempting a person from attending a case planning conference, the court may make such an order if the court considers that

(a) it is not reasonably possible for the person to attend given the distance the person has to travel for that attendance or the cost required for that attendance,

(b) attendance must be excused on health or compassionate grounds, or

(c) other extraordinary circumstances exist that justify the order.

Non-attendance at case planning conference

(6) If a person who, under subrule (2), is required to attend a case planning conference fails to attend at that case planning conference, the case planning conference judge or master may do one or more of the following:

(a) proceed in the absence of the person who failed to attend;

(b) adjourn the case planning conference;

(c) order that the person, or the party on whose behalf the person was to attend, pay costs to one or more other parties.

Proceedings must be recorded

(7) Proceedings at a case planning conference must be recorded, but no part of that recording may be made available to or used by any person without court order.

Rule 5-3 — Case Planning Conference Orders

Orders

(1) At a case planning conference, the case planning conference judge or master may make one or more of the following orders in respect of the action, whether or not on the application of a party:

(a) setting a timetable for the steps to be taken;

(b) amending a previous case plan order;

(c) any order referred to in Rule 22-4 (2);

(d) requiring amendment of a pleading to provide details of

(i) the facts,

(ii) the relief sought, or

(iii) the legal basis on which relief is sought or opposed

set out in that pleading;

(e) respecting the length and content of pleadings;

(f) respecting discovery, listing, production, preservation, exchange or examination of documents or exhibits, including, without limitation, orders

(i) respecting electronically stored information, and

(ii) that discovery, listing, production, exchange or examination be limited or otherwise conducted as ordered;

(g) respecting discovery of parties or the examination or inspection of persons or property, including, without limitation, that discovery, examination or inspection be limited, expanded or otherwise conducted in the manner ordered;

(h) respecting interrogatories;

(i) respecting third party claims, including imposing terms on any third party procedure to limit or avoid any prejudice or unnecessary delay that might otherwise be suffered by the plaintiff as a result of that third party procedure;

(j) respecting witness lists;

(k) respecting experts, including, without limitation, orders

(i) that the expert evidence on any one or more issues be given by one jointly-instructed expert,

(ii) respecting the number of experts a party may call,

(iii) that the parties' experts must confer before the service of their respective reports,

(iv) setting a date by which an expert's report must be served on the other parties of record, and

(v) respecting the issues on which an expert may be called;

(l) respecting admissions;

(m) respecting offers to settle;

(n) respecting the conduct of any application, including, without limitation, that an application may be made by written submissions under Rule 8-6;

(o) requiring the parties of record to attend one or more of a mediation, a settlement conference or any other dispute resolution process, and giving directions for the conduct of the mediation, settlement conference or other dispute resolution process;

(p) authorizing or directing the parties of record to try one or more issues in the action independently of others;

(q) fixing the length of trial;

(r) respecting the place at which any step in the action is to be conducted;

(s) setting the action for trial on a particular date or on a particular trial list;

(s.1) striking out a counterclaim or directing that a counterclaim be tried separately;

(t) adjourning the case planning conference;

(u) directing the parties to attend a further case planning conference at a specified date and time;

(v) any orders the judge or master considers will further the object of these Supreme Court Civil Rules.

[am. B.C. Reg. 119/2010, Sch. A, s. 9.]

Prohibited orders

(2) A case planning conference judge or master must not, at a case planning conference,

(a) hear any application supported by affidavit evidence, except under subrule (6), or

(b) make an order for final judgment, except by consent or under subrule (6).

Case plan order required

(3) Without limiting subrules (1) and (2), the judge or master conducting a case planning conference must, at the conclusion of the case planning conference, make a case plan order.

Case plan order

(4) A case plan order under subrule (3) must be in Form 21 and

(a) must set out any order made under subrule (1), and

(b) may but need not include any other matter referred to in Form 21.

When approval in writing by lawyer not required

(5) Without limiting Rule 13-1 (2), if a case plan order under subrule (3) is approved in writing by the case planning conference judge or master, that order need not be approved in writing by a lawyer or by a party.

Consequences of non-compliance

(6) If a party fails to comply with this Part or an order made under this rule or if anything is done or omitted improperly or unnecessarily by or on behalf of a party in relation to anything under this Part, the court may, on application, do one or both of the following:

(a) make an order under Rule 22-7;

(b) despite any other provision of these Supreme Court Civil Rules to the contrary and without limiting Rule 14-1 (14),

(i) award costs of the application in a lump sum fixed under Schedule 3 of Appendix B, and

(ii) set the period within which those costs must be paid.

Application may be made at case planning conference

(7) Without limiting Part 8, a party may apply for an order under subrule (6) at a case planning conference.

Rule 5-4 — Applications to Amend Case Plan Orders

Requesting amendments to case plan orders

(1) Without limiting the ability of a case planning conference judge or master to amend a case plan order at a case planning conference under Rule 5-3 (1) (b), the parties may apply to amend a case plan order as follows:

(a) if the application is to be by consent, the parties of record must apply under Rule 8-1 (2) (a);

(b) if the application is not to be by consent, a party of record must

(i) serve on the other parties of record

(A) a requisition in Form 17, supported by a letter directed to the registry, identifying the judge or master who made the case plan order and setting out the requested amendment and the basis for the request,

(B) a draft of the proposed order, and

(C) any supporting documents, other than affidavits, the party considers appropriate, and

(ii) provide to the registry copies of the documents served under subparagraph (i), a statement of the applicant that the applicant served the documents referred to in subparagraph (i) on the other parties of record and whichever of the following applies:

(A) a statement that the applicant has received no answer to those documents within 7 days after the date of service;

(B) if one or more answers have been received in that 7 day period, copies of the answers received.

Party may respond

(2) Any party on whom documents referred to in subrule (1) (b) (i) have been served may, within 7 days after service, serve on the applicant

(a) a letter, directed to the registry, identifying the judge or master who made the case plan order and setting out the party's answer to the requested amendment, and

(b) any supporting documents, other than affidavits, the party considers appropriate.

Powers of court

(3) On an application under subrule (1) (b), the court must

(a) make an order amending the case plan order in the manner requested,

(b) refuse to make the order requested,

(c) direct the parties of record to attend a case planning conference, or

(d) make such other order as the court considers will further the object of these Supreme Court Civil Rules.

Part 6 — Amendment of Pleadings and Change of Parties

Rule 6-1 — Amendment of Pleadings

When pleadings may be amended

(1) Subject to Rules 6-2 (7) and (10) and 7-7 (5), a party may amend the whole or any part of a pleading filed by the party, other than to change parties or withdraw an admission,

(a) once without leave of the court, at any time before service of the notice of trial, or

(b) after the notice of trial is served, only with

(i) leave of the court, or

(ii) written consent of the parties.

[en. B.C. Reg. 120/2014, s. 3; am. B.C. Reg. 104/2019, s. 1.]

How amendments made

(2) Unless the court otherwise orders, to amend a pleading under subrule (1), a party must

(a) amend the pleading in accordance with subrule (3),

(b) indicate on the amended pleading the date on which the original version of the pleading was filed, and

(c) file the amended pleading.

Identifying amendments

(3) Unless the court otherwise orders, if a pleading is amended under this rule,

(a) any deleted wording must be shown as struck out, and

(b) any new wording must be underlined.

Service of amended documents

(4) Unless the court otherwise orders, if a party amends a pleading under this rule, the party must do both of the following:

(a) within 7 days after filing the amended pleading, serve, by ordinary service, a copy of the filed amended pleading on all parties of record;

(b) if the amended pleading is an originating pleading, promptly after filing the amended pleading and before taking any further step in the proceeding, serve, by personal service, a copy of the filed amended originating pleading on any person who

(i) was served with a copy of the filed original version of the originating pleading, and

(ii) has not filed a responding pleading to the original version of the originating pleading.

Response of a party to amended document

(5) If a pleading (in this subrule and in subrule (6) called the "primary pleading") is amended under this rule and the amended pleading is served on a party of record under subrule (4) (a), that party

(a) may amend, under this rule, any pleading he or she had filed in response to the original version of the primary pleading but only with respect to any matter raised by the amendments to the primary pleading, and

(b) in that event, must, within 14 days after being served with the amended pleading, serve a copy of the filed amended responding pleading on all parties of record.

Failure to serve amended responding document

(6) If a party on whom an amended pleading is served under subrule (4) (a) does not serve an amended responding pleading as provided in subrule (5),

(a) the pleading he or she filed in response to the original version of the primary pleading is deemed to be the pleading he or she filed in response to the amended pleading, and

(b) any new facts set out in the amended pleading are deemed to be outside the knowledge of the defendant.

Responding to amended pleading

(7) If an originating pleading is amended under this rule and served under subrule (4) (b) on a person who is not yet a party of record, the person has the same period for filing a responding pleading to that amended originating pleading as the party had to file a responding pleading to the original version of the originating pleading.

[am. B.C. Reg. 119/2010, Sch. A, s. 11.]

Amendment at trial

(8) Unless the court otherwise orders, if an amendment is granted during a trial or hearing, an order need not be taken out and the amended pleading need not be filed or served.

Rule 6-2 — Change of Parties

Change of Party Status or Interest

Party ceasing to exist

(1) If a party dies or becomes bankrupt, or a corporate party is wound up or otherwise ceases to exist, but the claim survives, the proceeding may continue in spite of the death or bankruptcy or the corporate party having been wound up or ceasing to exist.

[am. B.C. Reg. 119/2010, Sch. A, s. 12.]

Effect of death

(2) Whether or not the claim survives, a proceeding may continue in spite of either party dying between the verdict or finding on the issues of fact and the entry of judgment, but judgment may be entered despite the death.

[am. B.C. Reg. 119/2010, Sch. A, s. 13.]

Assignment or conveyance of interest

(3) If, by assignment, conveyance or death, an estate, interest or title devolves or is transferred, a proceeding relating to that estate, interest or title may be continued by or against the person on whom that estate, interest or title has devolved or to whom that estate, interest or title has been transferred.

[am. B.C. Reg. 119/2010, Sch. A, s. 13.]

Change or transmission of interest or liability

(4) If, after the start of a proceeding,

(a) a change or transmission of interest or liability of a party takes place or a person interested comes into existence, and

(b) it becomes necessary or desirable that

(i) a person not already a party should be made a party, or

(ii) a person already a party should be made a party in another capacity,

the court may order that the proceeding be continued between the continuing parties and the new party.

[am. B.C. Reg. 119/2010, Sch. A, ss. 12 and 13.]

Prosecution of proceeding if plaintiff or petitioner dies

(5) If a plaintiff or petitioner has died and the proceeding may be continued, a defendant or respondent may apply to the court for an order that the person entitled to proceed do proceed within the time that the court orders and that, in default, the proceeding be dismissed for want of prosecution.

Costs on dismissal

(6) If a proceeding is dismissed under subrule (5), an order for payment of costs may be made and enforced against the assets of the deceased's estate.

Change of Parties

Adding, removing or substituting parties by order

(7) At any stage of a proceeding, the court, on application by any person, may, subject to subrules (9) and (10),

(a) order that a person cease to be party if that person is not, or has ceased to be, a proper or necessary party,

(b) order that a person be added or substituted as a party if

(i) that person ought to have been joined as a party, or

(ii) that person's participation in the proceeding is necessary to ensure that all matters in the proceeding may be effectually adjudicated on, and

(c) order that a person be added as a party if there may exist, between the person and any party to the proceeding, a question or issue relating to or connected with

(i) any relief claimed in the proceeding, or

(ii) the subject matter of the proceeding

that, in the opinion of the court, it would be just and convenient to determine as between the person and that party.

[am. B.C. Reg. 119/2010, Sch. A, ss. 12 and 13.]

Procedure if party added, removed or substituted by order

(8) Unless the court otherwise orders, if an order is made under subrule (7) adding, removing or substituting a party,

(a) the originating pleading or petition must be amended in accordance with these Supreme Court Civil Rules, a reference to the order must be endorsed on that amended pleading or petition and Rule 6-1 (4) to (7) applies,

(b) no further steps may be taken against a person added or substituted as a party under this subrule until a copy of the filed amended originating pleading or filed amended petition and a copy of the entered order adding or substituting the party are served on the person, and

(c) if a person is made a party under the order,

(i) the person may apply to the court to vary or discharge the order within 21 days after the date on which the order is served on the person under paragraph (b) of this subrule, and

(ii) unless the court orders, in an application under subparagraph (i) of this paragraph or otherwise, that the person not be added as a party, these Supreme Court Civil Rules apply in relation to that added party as if the amended originating pleading or petition were a new originating pleading or petition.

If case plan order in effect

(9) If an order is made under subrule (4) or (7) in an action in which a case plan order has been made,

(a) if a person is removed as a party, the case plan order remains in effect, and

(b) if a person is added or substituted as a party and that person becomes a party of record, no step may be taken by or against the added or substituted party until the case plan order is amended to apply to the added or substituted party.

Application without notice

(9.1) Unless the court otherwise orders, an application under subrule (7) may be made without notice to any person who is not a party.

[en. B.C. Reg. 104/2019, s. 2.]

General

Consent required

(10) A person must not be added or substituted as a plaintiff or petitioner without the person's consent.

Effect of order

(11) Unless the court otherwise orders, if a person becomes a party in substitution for a former party, all things done in the proceeding before the person became a party have the same effect in relation to that person as they had in relation to the former party, but the substituted party must file a notice of address for service in Form 9.

Part 7 — Procedures for Ascertaining Facts

Rule 7-1 — Discovery and Inspection of Documents

List of documents

(1) Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period,

(a) prepare a list of documents in Form 22 that lists

(i) all documents that are or have been in the party's possession or control and that could, if available, be used by any party of record at trial to prove or disprove a material fact, and

(ii) all other documents to which the party intends to refer at trial, and

(b) serve the list on all parties of record.

Documents to be enumerated

(2) Subject to subrules (6) and (7), each party's list of documents must include a brief description of each listed document.

Insurance policy

(3) A party must include in the party's list of documents any insurance policy under which an insurer may be liable

(a) to satisfy the whole or any part of a judgment granted in the action, or

(b) to indemnify or reimburse any party for any money paid by that party in satisfaction of the whole or any part of such a judgment.

Information not to be disclosed

(4) Despite subrule (3), information concerning the insurance policy must not be disclosed to the court at trial unless it is relevant to an issue in the action.

Insurance policy

(5) For the purposes of subrules (3) and (4), "insurance policy" does not include an application for insurance.

Claim for privilege

(6) If it is claimed that a document is privileged from production, the claim must be made in the list of documents with a statement of the grounds of the privilege.

Nature of privileged documents to be described

(7) The nature of any document for which privilege from production is claimed must be described in a manner that, without revealing information that is privileged, will enable other parties to assess the validity of the claim of privilege.

Affidavit verifying list of documents

(8) The court may order a party of record to serve an affidavit verifying a list of documents.

Amending the list of documents

(9) If, after a list of documents has been served under this rule,

(a) it comes to the attention of the party serving it that the list is inaccurate or incomplete, or

(b) there comes into the party's possession or control a document that could be used by any party of record at trial to prove or disprove a material fact or any other document to which the party intends to refer at trial,

the party must promptly amend the list of documents and serve the amended list of documents on the other parties of record.

[am. B.C. Reg. 119/2010, Sch. A, s. 14 (a).]

Party may demand documents required under this rule

(10) If a party who has received a list of documents believes that the list omits documents or a class of documents that should have been disclosed under subrule (1) (a) or (9), the party may, by written demand, require the party who prepared the list to

(a) amend the list of documents,

(b) serve on the demanding party the amended list of documents, and

(c) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (15) and (16).

[am. B.C. Reg. 119/2010, Sch. A, s. 14 (b) and (c).]

Party may demand additional documents

(11) If a party who has received a list of documents believes that the list should include documents or classes of documents that

(a) are within the listing party's possession, power or control,

(b) relate to any or all matters in question in the action, and

(c) are additional to the documents or classes of documents required under subrule (1) (a) or (9),

the party, by written demand that identifies the additional documents or classes of documents with reasonable specificity and that indicates the reason why such additional documents or classes of documents should be disclosed, may require the listing party to

(d) amend the list of documents,

(e) serve on the demanding party the amended list of documents, and

(f) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (15) and (16).

[en. B.C. Reg. 119/2010, Sch. A, s. 14 (d).]

Response to demand for documents

(12) A party who receives a demand under subrule (10) or (11) must, within 35 days after receipt, do one of the following:

(a) comply with the demand in relation to the demanded documents;

(b) comply with the demand in relation to those of the demanded documents that the party is prepared to list and indicate, in relation to the balance of the demanded documents,

(i) why an amended list of documents that includes those documents is not being prepared and served, and

(ii) why those documents are not being made available;

(c) indicate, in relation to the demanded documents,

(i) why an amended list of documents that includes those documents is not being prepared and served, and

(ii) why those documents are not being made available.

[am. B.C. Reg. 119/2010, Sch. A, s. 14 (e).]

Application for production of documents

(13) If a party who receives a demand under subrule (10) or (11) does not, within 35 days after receipt, comply with the demand in relation to the demanded documents, the demanding party may apply for an order requiring the listing party to comply with the demand.

Court may alter requirements

(14) On an application under subrule (13) or otherwise, the court may

(a) order that a party be excused from compliance with subrule (1), (3), (6), (15) or (16) or with a demand under subrule (10) or (11), either generally or in respect of one or more documents or classes of documents, or

(b) order a party to

(i) amend the list of documents to list additional documents that are or have been in the party's possession, power or control relating to any or all matters in question in the action,

(ii) serve the amended list of documents on all parties of record, and

(iii) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (15) and (16).

[am. B.C. Reg. 119/2010, Sch. A, s. 14 (b), (c) and (f).]

Inspection of documents

(15) A party who has served a list of documents on any other party must allow the other party to inspect and copy, during normal business hours and at the location specified in the list of documents, the listed documents except those documents that the listing party objects to producing.

[am. B.C. Reg. 119/2010, Sch. A, s. 14 (g).]

Copies of documents

(16) If a party is entitled to inspect listed documents under subrule (15), the listing party must, on the request of the party entitled to inspection and on receiving payment in advance of the cost of reproduction and service, serve on the requesting party copies of the documents, if reproducible, for which a request has been made.

[am. B.C. Reg. 119/2010, Sch. A, s. 14 (h).]

Order to produce document

(17) The court may order the production of a document for inspection and copying by any party or by the court at a time and place and in the manner it considers appropriate.

Documents not in possession of party

(18) If a document is in the possession or control of a person who is not a party of record, the court, on an application under Rule 8-1 brought on notice to the person and the parties of record, may make an order for one or both of the following:

(a) production, inspection and copying of the document;

(b) preparation of a certified copy that may be used instead of the original.

Order by consent

(19) An order under subrule (18) may be made by consent if that order is endorsed with an acknowledgment by the person in possession or control of the document that the person has no objection to the terms of the proposed order.

Inspection of document by court

(20) If, on an application for production of a document, production is objected to on the grounds of privilege, the court may inspect the document for the purpose of deciding the validity of the objection.

Party may not use document

(21) Unless the court otherwise orders, if a party fails to make discovery of or produce for inspection or copying a document as required by this rule, the party may not put the document in evidence in the proceeding or use it for the purpose of examination or cross-examination.

Determination of issue before discovery

(22) If the party from whom discovery, inspection or copying of a document is sought objects to that discovery, inspection or copying, the court may, if satisfied that for any reason it is desirable that an issue or question in dispute should be determined before deciding on the right to discovery, inspection or copying, order that the issue or question be determined first and reserve the question of discovery, inspection or copying.

Rule 7-2 — Examinations for Discovery

Examination of parties

(1) Subject to subrule (2), each party of record to an action must

(a) make himself or herself available, or

(b) if any of subrules (5) to (10) apply, make a person referred to in that subrule available,

for examinations for discovery by the parties of record to the action who are adverse in interest to the party subject to examination.

Limitations

(2) Unless the court otherwise orders, the examinations for discovery, including all examinations under subrules (17), (22) and (24), conducted under this rule of a party of record, including any such examinations conducted of a person referred to in subrule (1) (b) who is examined in relation to that party of record, by any other party of record who is adverse in interest must not, in total, exceed in duration

(a) 7 hours, or

(b) any greater period to which the person to be examined consents.

[See Rule 15-1 (11) and (12) for limits on examinations for discovery in fast track actions.]

Considerations of the court

(3) In an application under subrule (2) to extend the examination for discovery period, the court must consider the following:

(a) the conduct of a person who has been or is to be examined, including

(i) the person's unresponsiveness in any examination for discovery held in the action,

(ii) the person's failure to provide complete answers to questions, or

(iii) the person's provision of answers that are evasive, irrelevant, unresponsive or unduly lengthy;

(b) any denial or refusal to admit, by a person who has been or is to be examined, anything that should have been admitted;

(c) the conduct of the examining party;

(d) whether or not it is or was reasonably practicable to complete the examinations for discovery within the period provided under subrule (2);

(e) the number of parties and examinations for discovery and the proximity of the various interests of those parties.

Oral examination on oath

(4) An examination for discovery is an oral examination on oath.

Examination of party that is not an individual

(5) Unless the court otherwise orders, if a party to be examined for discovery is not an individual,

(a) the examining party may examine one representative of the party to be examined,

(b) the party to be examined must nominate as its representative an individual, who is knowledgeable concerning the matters in question in the action, to be examined on behalf of that party, and

(c) the examining party may examine

(i) the representative nominated under paragraph (b), or

(ii) any other person the examining party considers appropriate and who is or has been a director, officer, employee, agent or external auditor of the party to be examined.

Examination of person for whose benefit action brought

(6) Subject to subrule (9), a person for whose immediate benefit an action is brought or defended may be examined for discovery.

Examination of assignor

(7) If an action is brought by an assignee, the assignor may be examined for discovery.

Examination of guardian and infants

(8) Unless the court otherwise orders, if a party to be examined for discovery is an infant, the infant, his or her guardian and his or her litigation guardian may be examined for discovery.

[am. B.C. Reg. 119/2010, Sch. A, s. 15.]

Examination of mentally incompetent person

(9) If a party to be examined for discovery is a mentally incompetent person, his or her litigation guardian and his or her committee may be examined for discovery, but the mentally incompetent person must not be examined without leave of the court.

Examination of bankrupt

(10) If a party to be examined for discovery is a trustee in bankruptcy, the bankrupt may be examined for discovery.

Place

(11) Unless the court otherwise orders or the parties to the examination for discovery otherwise agree, an examination for discovery must take place at a location within 30 kilometres of the registry that is nearest to the place where the person to be examined resides.

Examination before reporter

(12) An examination for discovery must be conducted before an official reporter who is empowered to administer the oath.

Service of notice

(13) Before conducting an examination for discovery under this rule, the party wishing to conduct that examination for discovery must do the following:

(a) if the person to be examined is a party of record to, and has a lawyer in, the action, ensure that, at least 7 days before the examination for discovery,

(i) an appointment in Form 23 is served on that lawyer, and

(ii) witness fees in the amount required under Schedule 3 of Appendix C are tendered to that lawyer;

(b) in any other case, ensure that, at least 7 days before the examination for discovery,

(i) an appointment in Form 23 is served on the person to be examined, and

(ii) witness fees in the amount required under Schedule 3 of Appendix C are tendered to the person to be examined;

(c) at least 7 days before the examination for discovery, serve a copy of the appointment on all parties of record.

[am. B.C. Reg. 112/2012, Sch. A, s. 2.]

Person must attend examination

(14) A person to be examined for discovery must attend and submit to examination for discovery if the party wishing to conduct that examination for discovery has complied with subrule (13) (a) or (b), as the case may be.

Fees must not be attached

(15) If a lawyer receives witness fees under subrule (13) (a), those fees must not be attached.

Production of documents

(16) Unless the court otherwise orders, if the person to be examined for discovery is a person referred to in subrule (6), (7), (8), (9) or (10), the person must produce for inspection on the examination for discovery all documents in his or her possession or control, not privileged, relating to the matters in question in the action.

Examination and re-examination

(17) The examination for discovery of a person is in the nature of a cross-examination, and the person examined for discovery may be re-examined on his or her own behalf or on behalf of a party of record not adverse in interest to him or her in relation to any matter respecting which he or she has been examined.

Scope of examination

(18) Unless the court otherwise orders, a person being examined for discovery

(a) must answer any question within his or her knowledge or means of knowledge regarding any matter, not privileged, relating to a matter in question in the action, and

(b) is compellable to give the names and addresses of all persons who reasonably might be expected to have knowledge relating to any matter in question in the action.

Scope includes insurance

(19) Without limiting subrule (18), unless the court otherwise orders, a person being examined for discovery must answer any question within his or her knowledge or means of knowledge that is related to

(a) the existence and contents of any insurance policy under which an insurer may be liable

(i) to satisfy the whole or any part of a judgment granted in the action, or

(ii) to indemnify or reimburse a party for any money paid by that party in satisfaction of the whole or any part of such a judgment, and

(b) the amount of money available under the policy, and any communication from an insurer denying or limiting liability under the policy.

Information not to be disclosed

(20) Despite subrule (19), information concerning the insurance policy must not be disclosed to the court at trial unless it is relevant to an issue in the action.

Insurance policy

(21) For the purposes of subrules (19) and (20), "insurance policy" does not include an application for insurance.

Person must inform self

(22) In order to comply with subrule (18) or (19), a person being examined for discovery may be required to inform himself or herself and the examination may be adjourned for that purpose.

Response may be provided by letter

(23) If a person is required to inform himself or herself under subrule (22) in order to respond to one or more questions posed on the examination for discovery, the examining party may request the person to provide the responses by letter.

If letter provided

(24) If the examining party receives a letter under subrule (23),

(a) the questions set out in the letter and the answers given in response to those questions are deemed for all purposes to be questions asked and answers given under oath in the examination for discovery, and

(b) the examining party may, subject to subrule (2), continue the examination for discovery.

Objections

(25) If a person under examination objects to answering a question put to him or her, the question and the objection must be taken down by the official reporter and the court may

(a) decide the validity of the objection, and

(b) order the person to submit to further examination and set a maximum duration for that further examination.

How recorded

(26) An examination for discovery is to be taken down in the form of question and answer, and copies of the transcript may be obtained on payment of the proper fee by

(a) any party of record,

(b) the person examined, or

(c) any other person as the court for special reason may permit.

Application to persons outside British Columbia

(27) So far as is practicable, this rule applies to a person residing outside British Columbia, and the court, on application on notice to the person, may order the examination for discovery of the person at a place and in the manner the court considers appropriate.

Service of order and notice

(28) Unless the court otherwise orders, if an order is made under subrule (27) for the examination for discovery of a person,

(a) the order and the notice of appointment may be served on, and

(b) the witness fees referred to in subrule (13) may be paid to

the lawyer for the person.

Rule 7-3 — Discovery by Interrogatories

Party may serve interrogatories by consent or with leave

(1) A party of record to an action may serve interrogatories in Form 24 on any other party of record, or on a director, officer, partner, agent, employee or external auditor of a party of record, if

(a) the party of record to be examined consents, or

(b) the court grants leave.

If a party is a body of persons

(2) If a party of record to an action is a body of persons, corporate or unincorporate, that is empowered to sue or to be sued in its own name or in the name of an officer or other person, another party of record may, with leave of the court granted at an application or if authorized to do so by a case plan order, serve interrogatories on the officer or member of the body specified in the order.

Powers of court

(3) In an order granting leave under subrule (1) (b) or (2), the court may set terms and conditions on the interrogatories, including terms and conditions respecting

(a) the number or length of the interrogatories,

(b) the matters the interrogatories are to cover,

(c) the timing of any response to the interrogatories, and

(d) the notification, if any, to be given to the other parties of record respecting the interrogatories.

Timing of answer to interrogatories

(4) A person to whom interrogatories are directed must, within 21 days or such other period as the court may order under subrule (3), serve an answer on affidavit to the interrogatories.

If more than one person to answer interrogatories

(5) If interrogatories are required to be answered by more than one officer, director, partner, agent or employee of a party, the interrogatories must state which of the interrogatories each person is required to answer.

Objection to answer interrogatory

(6) If a person objects to answering an interrogatory on the grounds of privilege or on the grounds that it does not relate to a matter in question in the action, the person may make the objection in an affidavit in answer.

Insufficient answer to interrogatory

(7) If a person to whom interrogatories have been directed answers any of them insufficiently, the court may require the person to make a further answer either by affidavit or on oral examination.

Application to strike out interrogatory

(8) If a party of record objects to an interrogatory on the grounds that it will not further the object of these Supreme Court Civil Rules,

(a) the party may apply to the court to strike out the interrogatory, and

(b) the court must take into account any offer by the party to make admissions, to produce documents or to give oral discovery.

Service of interrogatories on lawyer

(9) A party of record may, instead of serving interrogatories under subrule (1) or (2), serve the interrogatories on the lawyer of the person to whom the interrogatories are directed.

Lawyer must inform

(10) If a lawyer receives interrogatories under subrule (9), the lawyer must promptly inform the person to whom the interrogatories are directed.

Continuing obligation to answer

(11) If a person who has given an answer to an interrogatory later learns that the answer is inaccurate or incomplete, the person must promptly serve on the party who served the interrogatory an affidavit deposing to an accurate or complete answer.

Rule 7-4 — Witness Lists

Witness lists

(1) Unless the court otherwise orders, each party of record to an action must, within the time set out in the case plan order or, if none, on or before the earlier of the trial management conference and the date that is 28 days before the scheduled trial date, file and serve on every other party of record a list of the witnesses the party may call at trial, other than

(a) expert witnesses who are to provide evidence under Part 11, and

(b) adverse witnesses referred to in Rule 12-5 (20) (a) or (b).

Requirements for list

(2) Unless the court otherwise orders, a witness list must include the full name and address of each listed witness.

Continuing obligation

(3) If a party who has provided a witness list or an amended witness list later learns that the list is inaccurate or incomplete, the party must promptly

(a) amend the witness list,

(b) file the amended witness list, and

(c) serve a copy of the filed amended witness list on all parties of record.

[am. B.C. Reg. 119/2010, Sch. A, s. 16.]

Witness need not be called

(4) Nothing in this rule requires a party to call as a witness at trial an individual named as a witness on a witness list served by the party under subrule (1) or (3).

Rule 7-5 — Pre-Trial Examination of Witness

Order for examination

(1) If a person who is not a party of record to an action may have material evidence relating to a matter in question in the action, the court may

(a) order that the person be examined on oath on the matters in question in the action, and

(b) either before or after the examination, order that the examining party pay reasonable lawyer's costs of the person relating to the application and the examination.

Expert

(2) An expert retained or specially employed by another party in anticipation of litigation or preparation for trial may not be examined under this rule unless the party seeking the examination is unable to obtain facts and opinions on the same subject by other means.

Affidavit in support of application

(3) An application for an order under subrule (1) must be supported by affidavit setting out

(a) the matter in question in the action to which the applicant believes that the evidence of the proposed witness may be material,

(b) if the proposed witness is an expert retained or specially employed by another party in anticipation of litigation or preparation for trial, that the applicant is unable to obtain facts and opinions on the same subject by other means, and

(c) that the proposed witness

(i) has refused or neglected on request by the applicant to give a responsive statement, either orally or in writing, relating to the witness' knowledge of the matters in question, or

(ii) has given conflicting statements.

Application procedure

(4) An applicant for an order under subrule (1) must comply with Rule 8-1, and, without limiting this, the applicant must serve the application materials on the proposed witness and Rule 8-1 applies to the witness as if he or she were a party of record.

Subpoena

(5) If the court makes an order under subrule (1) entitling a party to examine a person under this rule, the party may, by serving on the person to be examined a subpoena in Form 25, require the person to bring to the examination

(a) any document in the person's possession or control relating to the matters in question in the action, and

(b) any physical object in the person's possession or control that the party contemplates tendering at the trial as an exhibit.

Identification of documents and objects

(6) A subpoena referred to in subrule (5)

(a) need not identify any document referred to in subrule (5) (a), and

(b) must identify any object referred to in subrule (5) (b).

Notice of examination

(7) The examining party must give notice of an examination under this rule by serving copies of the subpoena referred to in subrule (5) on all parties of record at least 7 days before the date appointed for the examination.

Mode of examination

(8) The proposed witness must be cross-examined by the party who obtained the order, then may be cross-examined by any other party of record, and then may be further cross-examined by the party who obtained the order.

Time for examination

(9) Unless the court otherwise orders, examinations conducted of a person under this rule by all parties of record must not, in total, exceed 3 hours in duration.

Application of examination for discovery rules

(10) Rule 7-2 (12), (16), (18), (22) and (25) to (28) applies to an examination under this rule.

Rule 7-6 — Physical Examination and Inspection

Order for medical examination

(1) If the physical or mental condition of a person is in issue in an action, the court may order that the person submit to examination by a medical practitioner or other qualified person, and if the court makes an order under this subrule, the court may also make

(a) an order respecting any expenses connected with the examination, and

(b) an order that the result of the examination be put in writing and that copies be made available to interested parties of record.

Subsequent examinations

(2) The court may order a further examination under this rule.

Questions by examiner

(3) A person who is making an examination under this rule may ask any relevant question concerning the medical condition or history of the person being examined.

Order for inspection and preservation of property

(4) If the court considers it necessary or expedient for the purpose of obtaining full information or evidence, it may

(a) order the production, inspection and preservation of any property, and

(b) authorize

(i) samples to be taken or observations to be made of the property, or

(ii) experiments to be conducted on or with the property.

Entry on land or building

(5) For the purpose of enabling an order under this rule to be carried out, the court may authorize a person to enter on any land or building.

Application to persons outside British Columbia

(6) Rule 7-2 (27) and (28) applies to examinations and inspections ordered under this rule.

Rule 7-7 — Admissions

Notice to admit

(1) In an action in which a response to civil claim has been filed, a party of record may, by service of a notice to admit in Form 26, request any party of record to admit, for the purposes of the action only, the truth of a fact or the authenticity of a document specified in the notice.

Effect of notice to admit

(2) Unless the court otherwise orders, the truth of a fact or the authenticity of a document specified in a notice to admit is deemed to be admitted, for the purposes of the action only, unless, within 14 days after service of the notice to admit, the party receiving the notice to admit serves on the party serving the notice to admit a written statement that

(a) specifically denies the truth of the fact or the authenticity of the document,

(b) sets out in detail the reasons why the party cannot make the admission, or

(c) states that the refusal to admit the truth of the fact or the authenticity of the document is made on the grounds of privilege or irrelevancy or that the request is otherwise improper, and sets out in detail the reasons for the refusal.

Copy of document to be attached

(3) Unless the court otherwise orders or the demanding party and the responding party consent, a copy of a document specified in a notice to admit must be attached to the notice to admit when it is served.

Unreasonable refusal to admit

(4) If a responding party unreasonably denies or refuses to admit the truth of a fact or the authenticity of a document specified in a notice to admit, the court may order the party to pay the costs of proving the truth of the fact or the authenticity of the document and may award as a penalty additional costs, or deprive a party of costs, as the court considers appropriate.

Withdrawal of admission

(5) A party is not entitled to withdraw

(a) an admission made in response to a notice to admit,

(b) a deemed admission under subrule (2), or

(c) an admission made in a pleading, petition or response to petition

except by consent or with leave of the court.

Application for order on admissions

(6) An application for judgment or any other application may be made to the court using as evidence

(a) admissions of the truth of a fact or the authenticity of a document made

(i) in an affidavit or pleading filed by a party,

(ii) in an examination for discovery of a party or a person examined for discovery on behalf of a party, or

(iii) in response to a notice to admit, or

(b) admissions of the truth of a fact or the authenticity of a document deemed to be made under subrule (2)

and the court, without waiting for the determination of any other question between the parties, may make any order it considers will further the object of these Supreme Court Civil Rules.

Rule 7-8 — Depositions

Examination of person

(1) By consent of the parties of record or by order of the court, a person may be examined on oath before or during trial in order that the record of the examination may be available to be tendered as evidence at the trial.

Examination of person

(2) An examination under subrule (1) may be conducted before an official reporter or any other person as the court may direct.

Grounds for order

(3) In determining whether to exercise its discretion to order an examination under subrule (1), the court must take into account

(a) the convenience of the person sought to be examined,

(b) the possibility that the person may be unavailable to testify at the trial by reason of death, infirmity, sickness or absence,

(c) the possibility that the person will be beyond the jurisdiction of the court at the time of the trial,

(d) the possibility and desirability of having the person testify at trial by video conferencing or other electronic means, and

(e) the expense of bringing the person to the trial.

Time limits

(4) In an order under subrule (1), the court may impose limits on the duration of the direct examination or cross examination of a person under this rule.

Subpoena

(5) If the court makes an order under subrule (1) entitling a party to examine a person under this rule, the party may, by serving on the person to be examined a subpoena in Form 25, require the person to bring to the examination,

(a) if the person to be examined is not a party of record or a representative of a party of record, any document in the person's possession or control relating to the matters in question in the action, and

(b) any physical object in the person's possession or control that the examining party contemplates tendering at the trial as an exhibit.

Identification of documents and objects

(6) A subpoena referred to in subrule (5)

(a) need not identify any document referred to in subrule (5) (a), and

(b) must identify any object referred to in subrule (5) (b).

Place of examination

(7) Unless the court otherwise orders or the parties to the examination consent, an examination under this rule must take place at a location within 30 kilometres of the registry that is nearest to the place where the person to be examined resides.

Application of rule outside British Columbia

(8) So far as is practicable, this rule applies to the examination of a person residing outside British Columbia, and the court may order the examination of a person in the place and the manner the court considers appropriate.

If person willing to testify

(9) If the person whose examination is ordered under subrule (8) is willing to testify, the order under subrule (8) must be in Form 27 and the instructions to the examiner appointed in the order must be in Form 28.

If person not willing to testify

(10) If the person whose examination is ordered under subrule (8) is unwilling to testify, or if for any other reason the assistance of a foreign court is necessary, the order under subrule (8) must be in Form 29 and the letter of request referred to in the order must be in Form 30.

Letter of request

(11) If an order referred to in subrule (10) is made, the letter of request must be sent by the party obtaining the order to the Under Secretary of State for External Affairs of Canada (or, if the evidence is to be taken in Canada, to the Deputy Attorney General for the Province of British Columbia), and must have attached to it

(a) any interrogatories to be put to the witness,

(b) a list of the names, addresses and telephone numbers of the lawyers or agents of the parties, both in British Columbia and in the other jurisdiction, and

(c) a copy of the letter of request and any interrogatories

(i) translated into the appropriate official language of the jurisdiction where the examination is to take place, and

(ii) bearing the certificate of the translator that it is a true translation and giving the translator's full name and address.

Filing of undertaking

(12) The lawyer for the party obtaining the order referred to in subrule (10) must file with the Under Secretary of State for External Affairs of Canada (or the Deputy Attorney General for the Province of British Columbia, as the case may be) the lawyer's undertaking to be personally responsible for all the charges and expenses incurred by the Under Secretary (or the Deputy Attorney General, as the case may be) in respect of the letter of request and to pay those charges and expenses on receiving notification of the amount.

Notice of examination

(13) The examining party must give notice of an examination under this rule by serving copies of the subpoena referred to in subrule (5) on all parties of record at least 7 days before the date appointed for the examination.

Mode of examination

(14) The examining party must conduct a direct examination of the witness and the witness is subject to cross-examination and re-examination.

Objection to question

(15) If an objection is made to a question put to a witness in an examination under this rule,

(a) the question and the objection must be taken down by the official reporter,

(b) the validity of the objection may, on application, be decided by the court, and

(c) the court may, on an application referred to in paragraph (b), order the witness to submit to further examination.

Recording of deposition evidence

(16) Unless otherwise ordered, an examination under this rule must be recorded by the person authorized under subrule (2) to conduct the examination

(a) in the form of questions and answers, or

(b) on a video recording.

Preserving testimony

(17) If a person alleges that

(a) circumstances exist that entitle the person to receive an estate or interest in property on the happening of a future event, and

(b) the right or claim to that estate or interest cannot be brought to trial or hearing by the person before the happening of the event,

the person may apply by petition or by requisition in Form 31 for an order to preserve, by examination under this rule, any testimony that may be material for establishing the right or claim.

Part 8 — Applications

Rule 8-1 — How to Bring and Respond to Applications

Definitions

(1) In this rule:

"application respondent" means a person who files an application response under subrule (9);

"business day" means a day on which the court registries are open for business.

[en. B.C. Reg. 241/2010, Sch. A, s. 1 (a).]

How applications must be brought

(2) To apply for an order from the court other than at trial or at the hearing of a petition, a party must do the following:

(a) in the case of an application for an order by consent, apply in accordance with

(i) this rule, or

(ii) Rule 8-3;

(b) in the case of an application of which notice need not be given, apply in accordance with

(i) this rule, or

(ii) Rule 8-4;

(c) in the case of an urgent application, apply in accordance with Rule 8-5;

(d) in the case of an application referred to in Rule 8-6 that may be made by written submissions, apply in accordance with the directions of the case planning conference judge referred to in Rule 8-6;

(e) in the case of an application for which a procedure is provided for by these Supreme Court Civil Rules, apply in accordance with that procedure;

(f) in the case of any other application, apply in accordance with this rule.

[The ability of a party to a fast track action to bring an application under this Part may be limited — see Rule 15-1 (7) to (9).]

Notice of application

(3) A party wishing to apply under this rule must file

(a) a notice of application, and

(b) the original of every affidavit, and of every other document, that

(i) is to be referred to by the applicant at the hearing, and

(ii) has not already been filed in the proceeding.

Contents of notice of application

(4) A notice of application must be in Form 32 and must

(a) set out the orders sought or attach a draft of the order sought,

(b) briefly summarize the factual basis for the application,

(c) set out the rule, enactment or other jurisdictional authority relied on for the orders sought and any other legal arguments on which the orders sought should be granted,

(d) list the affidavits and other documents on which the applicant intends to rely at the hearing of the application,

(e) set out the applicant's estimate of the time the application will take for hearing,

(f) subject to subrules (5) and (6), set out the date and time of the hearing of the application,

(g) set out the place for the hearing of the application in accordance with Rule 8-2, and

(h) provide the data collection information required in the appendix to the form,

and the notice of application, other than any draft order attached to it under paragraph (a), must not exceed 10 pages in length.

[en. B.C. Reg. 241/2010, Sch. A, s. 1 (b).]

Date and time of hearing

(5) Subject to subrule (6), the hearing of an application must be set for 9:45 a.m. on a date on which the court hears applications or at such other time or date as has been fixed by the court or a registrar.

Date and time if hearing time more than 2 hours

(6) If the applicant's estimate referred to in subrule (4) (e) is more than 2 hours, the date and time of hearing must be fixed by a registrar.

[am. B.C. Reg. 119/2010, Sch. A, s. 17 (a).]

Service of application materials

(7) The applicant must serve the following, in accordance with subrule (8), on each of the parties of record and on every other person, other than a party, who may be affected by the orders sought:

(a) a copy of the filed notice of application;

(b) a copy of each of the filed affidavits and documents, referred to in the notice of application under subrule (4) (d), that has not already been served on that person;

(c) if the application is brought under Rule 9-7, any notice that the applicant is required to give under Rule 9-7 (9).

[am. B.C. Reg. 120/2014, s. 4.]

Time for service

(8) The documents referred to in subrule (7) of this rule must be served,

(a) subject to paragraph (b) of this subrule, at least 8 business days before the date set for the hearing of the application, or

(b) in the case of an application under Rule 9-7, at least 12 business days before the date set for the hearing of the application.

[am. B.C. Reg. 241/2010, Sch. A, s. 1 (c) and (d).]

Application response

(9) A person who is served with documents referred to in subrule (7) of this rule and who wishes to respond to the notice of application (in this subrule called the "responding person") must do the following within 5 business days after service or, in the case of an application under Rule 9-7, within 8 business days after service:

(a) file an application response;

(b) file the original of every affidavit, and of every other document, that

(i) is to be referred to by the responding person at the hearing, and

(ii) has not already been filed in the proceeding;

(c) serve on the applicant 2 copies of the following, and on every other party of record one copy of the following:

(i) a copy of the filed application response;

(ii) a copy of each of the filed affidavits and documents, referred to in the application response under subrule (10) (b) (ii), that has not already been served on that person;

(iii) if the application is brought under Rule 9-7, any notice that the application respondent is required to give under Rule 9-7 (9).

[en. B.C. Reg. 241/2010, Sch. A, s. 1 (e).]

Contents of application response

(10) An application response must be in Form 33, must not exceed 10 pages in length and must

(a) indicate, for each order sought on the application, whether the application respondent consents to, opposes or takes no position on the order, and

(b) if the application respondent wishes to oppose any of the relief sought in the application,

(i) briefly summarize the factual and legal bases on which the orders sought should not be granted,

(ii) list the affidavits and other documents to which the application respondent intends to refer at the hearing of the application, and

(iii) set out the application respondent's estimate of the time the application will take for hearing.

[am. B.C. Reg. 241/2010, Sch. A, s. 1 (f).]

Address for service

(11) An application respondent who has not yet provided an address for service in the proceeding must include an address for service in any application response filed under subrule (9), and Rule 4-1 applies.

Repealed

(12) Repealed. [B.C. Reg. 241/2010, Sch. A, s. 1 (g).]

Applicant may respond

(13) An applicant who wishes to respond to any document served under subrule (9) must file and serve on each application respondent any responding affidavits no later than 4 p.m. on the business day that is one full business day before the date set for the hearing.

[am. B.C. Regs. 119/2010, Sch. A, s. 17 (b); 241/2010, Sch. A, s. 1 (h) and (i).]

No additional affidavits

(14) Unless all parties of record consent or the court otherwise orders, a party must not serve any affidavits additional to those served under subrules (7), (9) and (13).

[am. B.C. Reg. 241/2010, Sch. A, s. 1 (h).]

Application record

(15) Subject to subrule (18), the applicant must provide to the registry where the hearing is to take place, no later than 4 p.m. on the business day that is one full business day before the date set for the hearing, an application record as follows:

(a) the application record must be in a ring binder or in some other form of secure binding;

(b) the application record must contain, in consecutively numbered pages, or separated by tabs, the following documents in the following order:

(i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the applicant and the application respondents;

(ii) an index;

(iii) a copy of the filed notice of application;

(iv) a copy of each filed application response;

(v) a copy of every filed affidavit and pleading, and of every other document other than a written argument, that is to be relied on at the hearing;

(vi) if the application is brought under Rule 9-7, a copy of each filed pleading;

(c) the application record may contain

(i) a draft of the proposed order,

(ii) subject to subrule (16), a written argument,

(iii) a list of authorities and

(iv) a draft bill of costs;

(d) the application record must not contain

(i) affidavits of service,

(ii) copies of authorities, including case law, legislation, legal articles or excerpts from text books, or

(iii) any other documents unless they are included with the consent of all the parties of record.

[am. B.C. Regs. 119/2010, Sch. A, s. 17 (c) and (d); 241/2010, Sch. A, s. 1 (i).]

Written argument

(16) Unless an application is estimated to take more than 2 hours, no party to the application may file or submit to the court a written argument in relation to the application other than that included in the party's notice of application or application response.

Service of application record index

(17) The applicant must serve a copy of the application record index on each application respondent no later than 4 p.m. on the business day that is one full business day before the date set for the hearing.

[am. B.C. Reg. 241/2010, Sch. A, s. 1 (j).]

If application respondent's application is to be heard at the hearing

(18) If an application respondent intends to set an application for hearing at the same time as the applicant's application, those parties must, so far as is possible, prepare and provide to the registry where the hearing is to take place a joint application record and agree to a date for the hearing of both applications.

[am. B.C. Reg. 119/2010, Sch. A, s. 17 (e).]

Application record to be returned

(19) Unless the court otherwise orders, the applicant must retrieve the application record

(a) at the conclusion of the hearing, or

(b) if the hearing of the application is adjourned to a date later than the following business day, after the hearing is adjourned.

[am. B.C. Regs. 119/2010, Sch. A, s. 17 (f); 241/2010, Sch. A, s. 1 (k).]

Application record to be returned to the registry

(20) If the application record has been retrieved by the applicant under subrule (19) (b), the applicant must return the application record to the registry between 9:00 a.m. and 4 p.m. on the business day that is one full business day before the new date set for the hearing of the application.

[am. B.C. Regs. 119/2010, Sch. A, s. 18; 241/2010, Sch. A, s. 1 (l).]

Provision of amended application record

(21) If any additional affidavits are filed and served under subrule (14) and are not included in the application record, the applicant must provide to the registry an amended application record containing those affidavits.

Resetting adjourned applications

(21.1) To reset an application that has been adjourned without a date being set for it to be heard ("adjourned generally"), the applicant must

(a) file a requisition in Form 17 setting out the date and time of the hearing, and

(b) serve a copy of the filed requisition on the application respondents at least 2 business days before the date set for the hearing.

[en. B.C. Reg. 119/2010, Sch. A, s. 17 (g); am. B.C. Reg. 241/2010, Sch. A, s. 1 (m).]

Application respondent may apply for directions

(22) If, after an application has been adjourned generally, the applicant does not reset the application for hearing within a reasonable time after an application respondent has requested the applicant to do so, an application respondent may apply, by requisition in Form 17 on 2 business days' notice, for directions.

[am. B.C. Regs. 119/2010, Sch. A, s. 17 (h); 241/2010, Sch. A, s. 1 (n).]

Rule 8-2 — Place Application Is Heard

Place of hearing of application

(1) An application may be heard at

(a) the place ordered by a registrar under subrule (4),

(b) if an order is not made under subrule (4), the place on which all parties of record have agreed, or

(c) if paragraphs (a) and (b) do not apply, a place at which the court normally sits in the judicial district in which the proceeding is being conducted.

If more than one place

(2) If there is more than one place within the judicial district referred to in subrule (1) (c) at which the court normally sits, the applicant may name, as the place for hearing, any of those places.

If place of hearing is a place other than that at which the proceeding is being conducted

(3) If, under subrule (2), the applicant names as the place for hearing a place that is different than the place at which the proceeding is being conducted, the court may, if the court considers that it was unreasonable to have that named place as the place of hearing, make a special order as to costs and may

(a) order that the application be heard at some other place,

(b) dismiss the application, or

(c) hear the application.

Place of hearing of application with leave of registrar

(4) If a registrar is satisfied that, due to urgency or the convenience of the parties, an application should be heard at a place outside the judicial district in which the proceeding is being conducted, the registrar may, without notice, grant leave for the applicant to do either or both of the following:

(a) file the notice of application in some other judicial district;

(b) name as the place of hearing a place in that other judicial district.

Notice of application must be endorsed to reflect grant of leave

(5) If a registrar grants leave under subrule (4), he or she must endorse the notice of application accordingly.

If place of hearing is a place chosen with leave of registrar

(6) If, in respect of an application for which leave was granted under subrule (4), the court at the hearing of the application considers that the application should not be heard at that place, the court may make a special order as to costs and may

(a) order that the application be heard at some other place,

(b) dismiss the application, or

(c) hear the application.

Repealed

(7)-(8) Repealed. [B.C. Reg. 119/2010, Sch. A, s. 19.]

Rule 8-3 — Consent Applications

Application by consent

(1) Subject to subrule (2), an application for an order by consent may be made by filing

(a) a requisition in Form 31,

(b) a draft of the proposed order in Form 34,

(c) evidence, in accordance with Rule 13-1 (10), that the application is consented to, and

(d) any consent or comments of the Public Guardian and Trustee required under section 40 of the Infants Act.

Consent order

(2) On being satisfied that an application referred to in subrule (1) of this rule is consented to and that the materials appropriate for the application have been filed in accordance with subrule (1), a registrar may

(a) refer the application to a judge or, if the order sought is within the jurisdiction of a master, to a judge or master, or

(b) if the registrar is satisfied that

(i) none of the parties applying for or consenting to the order is under a legal disability, or

(ii) if a party is under a legal disability, section 40 (7) of the Infants Act applies,

enter the order or proceed under paragraph (a) of this subrule.

Disposition of referred applications

(3) If an application is referred by a registrar to a judge or master under subrule (2), the judge or master may

(a) make the order, or

(b) give directions respecting the application.

Rule 8-4 — Applications of Which Notice Is Not Required

Application of which notice is not required

(1) An application of which notice is not required may be made by filing

(a) a requisition in Form 31,

(b) a draft of the proposed order in Form 35, and

(c) affidavit or other evidence in support of the application.

[am. B.C. Reg. 119/2010, Sch. A, s. 20 (a).]

Repealed

(2)-(3) Repealed. [B.C. Reg. 119/2010, Sch. A, s. 20 (b).]

Rule 8-5 — Urgent Applications

When Applications May Be Heard on Short Notice

Short notice

(1) Without limiting subrule (6), in case of urgency, a person wishing to bring an application (in this subrule and in subrules (2) to (5) called the "main application") on less notice than would normally be required may make an application (in this subrule and in subrules (2) to (4) called the "short notice application") for an order that the main application may be brought on short notice.

How to make a short notice application

(2) A short notice application may be made by requisition in Form 17.1, without notice, and in a summary way.

[am. B.C. Reg. 120/2014, s. 5.]

Normal time and notice rules do not apply

(3) The time limits and notice requirements provided in these Supreme Court Civil Rules do not apply to a short notice application.

Powers of court on short notice application

(4) On a short notice application, the court or a registrar may

(a) order that the main application be heard on short notice,

(b) fix the date and time for the main application to be heard,

(c) fix the date and time before which service of documents applicable to the main application must be made, and

(d) give any other directions that the court or registrar considers will further the object of these Supreme Court Civil Rules.

Effect of short notice order

(5) If an order is made under subrule (4) that the main application be heard on short notice, the time limits and notice requirements provided in these Supreme Court Civil Rules do not apply to the main application.

When Applications May Be Heard without Any Notice

Orders without notice

(6) The court may make an order without notice in the case of urgency.

Service of orders required

(7) Promptly after an order is made without notice by reason of urgency, the party who obtained the order must serve a copy of the entered order and the documents filed in support on each person who is affected by the order.

Setting aside orders made without notice

(8) On the application of a person affected by an order made without notice under subrule (6), the court may change or set aside the order.

Rule 8-6 — Applications Made by Written Submissions

Application made by written submissions

(1) If an order is made at a case planning conference that an application may be made by written submissions,

(a) the case planning conference judge or master must give directions respecting the application, including directions respecting

(i) the documents to be filed in support of the application, and

(ii) the persons on whom and the dates by which the documents referred to in subparagraph (i) and any other documents the judge or master may identify must be served, and

(b) the application may be made in the manner provided for in those directions.

Part 9 — Pre-Trial Resolution Procedures

Rule 9-1 — Offers to Settle

Definition

(1) In this rule, "offer to settle" means

(a) an offer to settle made and delivered before July 2, 2008 under Rule 37 of the former Supreme Court Rules, as that rule read on the date of the offer to settle, and in relation to which no order was made under that rule,

(b) an offer of settlement made and delivered before July 2, 2008 under Rule 37A of the former Supreme Court Rules, as that rule read on the date of the offer of settlement, and in relation to which no order was made under that rule, or

(c) an offer to settle made after July 1, 2008 under Rule 37B of the former Supreme Court Rules, as that rule read on the date of the offer to settle, or made under this rule, that

(i) is made in writing by a party to a proceeding,

(ii) has been served on all parties of record, and

(iii) contains the following sentence: "The ............[party(ies)]............, ............[name(s) of party(ies)]............, reserve(s) the right to bring this offer to the attention of the court for consideration in relation to costs after the court has pronounced judgment on all other issues in this proceeding."

Offer not to be disclosed

(2) The fact that an offer to settle has been made must not be disclosed to the court or jury, or set out in any document used in the proceeding, until all issues in the proceeding, other than costs, have been determined.

Offer not an admission

(3) An offer to settle is not an admission.

Offer may be considered in relation to costs

(4) The court may consider an offer to settle when exercising the court's discretion in relation to costs.

Cost options

(5) In a proceeding in which an offer to settle has been made, the court may do one or more of the following:

(a) deprive a party of any or all of the costs, including any or all of the disbursements, to which the party would otherwise be entitled in respect of all or some of the steps taken in the proceeding after the date of delivery or service of the offer to settle;

(b) award double costs of all or some of the steps taken in the proceeding after the date of delivery or service of the offer to settle;

(c) award to a party, in respect of all or some of the steps taken in the proceeding after the date of delivery or service of the offer to settle, costs to which the party would have been entitled had the offer not been made;

(d) if the offer was made by a defendant and the judgment awarded to the plaintiff was no greater than the amount of the offer to settle, award to the defendant the defendant's costs in respect of all or some of the steps taken in the proceeding after the date of delivery or service of the offer to settle.

[am. B.C. Reg. 119/2010, Sch. A, s. 21.]

Considerations of court

(6) In making an order under subrule (5), the court may consider the following:

(a) whether the offer to settle was one that ought reasonably to have been accepted, either on the date that the offer to settle was delivered or served or on any later date;

(b) the relationship between the terms of settlement offered and the final judgment of the court;

(c) the relative financial circumstances of the parties;

(d) any other factor the court considers appropriate.

Costs for settlement in cases within small claims jurisdiction

(7) A plaintiff who accepts an offer to settle for a sum within the jurisdiction of the Provincial Court under the Small Claims Act is not entitled to costs, other than disbursements, unless the court finds that there was sufficient reason for bringing the proceeding in the Supreme Court and so orders.

Counter offer

(8) An offer to settle does not expire by reason that a counter offer is made.

Rule 9-2 — Settlement Conferences

Settlement conference

(1) If, at any stage of an action, the parties of record jointly request a settlement conference by filing a requisition in Form 17 or a judge or master directs that the parties attend a settlement conference, the parties must attend before a judge or master who must, in private and without hearing witnesses, explore all possibilities of settlement of the issues that are outstanding.

[am. B.C. Reg. 95/2011, Sch. A, s. 3.]

Proceedings must be recorded

(2) Proceedings at a settlement conference must be recorded, but no part of that recording may be made available to or used by any person without court order.

When judge must not preside

(3) A judge who has presided at a settlement conference must not preside at the trial, unless all parties consent.

Rule 9-3 — Special Case

Statement of special case

(1) The parties to a proceeding may concur in stating a question of law or fact, or partly of law and partly of fact, in the form of a special case for the opinion of the court.

Court may order special case

(2) The court may order a question or issue arising in a proceeding, whether of fact or law or partly of fact and partly of law, and whether raised by the pleadings or otherwise, to be stated in the form of a special case.

Form of special case

(3) A special case must

(a) be divided into paragraphs numbered consecutively,

(b) state concisely such facts and set out or refer to such documents as may be necessary to enable the court to decide the questions stated, and

(c) be signed by the parties or their lawyers.

Hearing of special case

(4) On the hearing of a special case, the court and the parties may refer to any document mentioned in the special case, and the court may draw from the stated facts and documents any inference, whether of fact or law, that might have been drawn from them if proved at a trial or hearing.

Order after hearing of special case

(5) With the consent of the parties, on any question in a special case being answered, the court may grant specific relief or order judgment to be entered.

Rule 9-4 — Proceedings on a Point of Law

Point of law may be set down for hearing

(1) A point of law arising from the pleadings in an action may, by consent of the parties or by order of the court, be set down by requisition in Form 17 for hearing and disposed of at any time before the trial.

Court may dispose of whole action

(2) If, in the opinion of the court, the decision on the point of law substantially disposes of the whole action or of any distinct claim, ground of defence, set-off or counterclaim, the court may dismiss the action or make any order it considers will further the object of these Supreme Court Civil Rules.

Rule 9-5 — Striking Pleadings

Scandalous, frivolous or vexatious matters

(1) At any stage of a proceeding, the court may order to be struck out or amended the whole or any part of a pleading, petition or other document on the ground that

(a) it discloses no reasonable claim or defence, as the case may be,

(b) it is unnecessary, scandalous, frivolous or vexatious,

(c) it may prejudice, embarrass or delay the fair trial or hearing of the proceeding, or

(d) it is otherwise an abuse of the process of the court,

and the court may pronounce judgment or order the proceeding to be stayed or dismissed and may order the costs of the application to be paid as special costs.

[am. B.C. Reg. 119/2010, Sch. A, s. 22.]

Admissibility of evidence

(2) No evidence is admissible on an application under subrule (1) (a).

Powers of registrar

(3) If, on the filing of a document, a registrar considers that the whole or any part of the document could be the subject of an order under subrule (1),

(a) the registrar may, despite any other provision of these Supreme Court Civil Rules,

(i) retain the document and all filed copies of it, and

(ii) refer the document to the court, and

(b) the court may, after a summary hearing, make an order under subrule (1).

Reconsideration of order

(4) If the court makes an order referred to in subrule (3) (b),

(a) the registrar must give notification of the order, in the manner directed by the court, to the person who filed the document,

(b) the person who filed the document may, within 7 days after being notified, apply to the court, and

(c) the court may confirm, vary or rescind the order.

Rule 9-6 — Summary Judgment

Definitions

(1) In this rule:

"answering party", in relation to a claiming party's originating pleading, means a person who serves, on the claiming party, a responding pleading that relates to a claim made in the originating pleading;

"claiming party" means a party who filed an originating pleading.

Application

(2) In an action, a person who files an originating pleading in which a claim is made against a person may, after the person against whom the claim is made serves a responding pleading on the claiming party, apply under this rule for judgment against the answering party on all or part of the claim.

Response to application

(3) An answering party may respond to an application for judgment under subrule (2) as follows:

(a) the answering party may allege that the claiming party's originating pleading does not raise a cause of action against the answering party;

(b) if the answering party wishes to make any other response to the application, the answering party may not rest on the mere allegations or denials in his or her pleadings but must set out, in affidavit material or other evidence, specific facts showing that there is a genuine issue for trial.

Application by answering party

(4) In an action, an answering party may, after serving a responding pleading on a claiming party, apply under this rule for judgment dismissing all or part of a claim in the claiming party's originating pleading.

Power of court

(5) On hearing an application under subrule (2) or (4), the court,

(a) if satisfied that there is no genuine issue for trial with respect to a claim or defence, must pronounce judgment or dismiss the claim accordingly,

(b) if satisfied that the only genuine issue is the amount to which the claiming party is entitled, may order a trial of that issue or pronounce judgment with a reference or an accounting to determine the amount,

(c) if satisfied that the only genuine issue is a question of law, may determine the question and pronounce judgment accordingly, and

(d) may make any other order it considers will further the object of these Supreme Court Civil Rules.

Claiming party may proceed

(6) If, under this rule, a claiming party obtains judgment against a person on a claim made against that person in the originating pleading, the judgment is without prejudice to the right of the claiming party to

(a) proceed with the action in respect of any other claim made, in the originating pleading, against the person against whom the judgment was obtained, and

(b) proceed with the action against any other person against whom a claim is made in the originating pleading.

Costs consequences

(7) Subject to subrule (8), if the party applying under subrule (2) or (4) obtains no relief on the application, the court may

(a) fix the costs of the party responding to the application, and

(b) fix the period within which those costs must be paid.

Court may decline to fix costs

(8) The court may decline to fix and order costs under subrule (7) if the court is satisfied that the application under subrule (2) or (4), although unsuccessful, was nevertheless reasonable.

Bad faith or delay

(9) If it appears to the court that a party to an application under subrule (2) or (4) has acted in bad faith or primarily for the purpose of delay, the court may

(a) fix the costs of the application as special costs, and

(b) fix the period within which those costs must be paid.

Rule 9-7 — Summary Trial

Definition

(1) In this rule, "summary trial application" means an application referred to in subrule (2).

Application

(2) A party may apply to the court for judgment under this rule, either on an issue or generally, in any of the following:

(a) an action in which a response to civil claim has been filed;

(b) a proceeding that has been transferred to the trial list under Rule 22-1 (7) (d);

(c) a third party proceeding in which a response to third party notice has been filed;

(d) an action by way of counterclaim in which a response to counterclaim has been filed.

When application must be heard

(3) A summary trial application must be heard at least 42 days before the scheduled trial date.

Setting application for hearing

(4) Unless the court otherwise orders, a summary trial application must be set for hearing in accordance with Rule 8-1.

Evidence on application

(5) Unless the court otherwise orders, on a summary trial application, the applicant and each other party of record may tender evidence by any or all of the following:

(a) affidavit;

(b) an answer, or part of an answer, to interrogatories;

(c) any part of the evidence taken on an examination for discovery;

(d) an admission under Rule 7-7;

(e) a report setting out the opinion of an expert, if

(i) the report conforms with Rule 11-6 (1), or

(ii) the court orders that the report is admissible even though it does not conform with Rule 11-6 (1).

Application of Rule 12-5

(6) Rule 12-5 (46), (49), (50), (51), (56) to (58) applies to subrule (5) of this rule.

Application of Rule 11-6

(7) Rule 11-6 (2) applies to a summary trial application.

[am. B.C. Reg. 119/2010, Sch. A, s. 23.]

Repealed

(7.1) Repealed. [B.C. Reg. 207/2020, s. 1.]

Filings with application

(8) A party who applies for judgment under subrule (2)

(a) must serve, with the notice of application and the other documents referred to in Rule 8-1 (3), every expert report, not already filed, on which the party will rely in support of the application, and

(b) must not serve any further affidavits, expert reports or notices except

(i) to tender evidence that would, at a trial, be admitted as rebuttal evidence,

(ii) to respond to a notice of application filed and served by another party of record, or

(iii) with leave of the court.

Notice of evidence to be used on application

(9) If a party intends, on a summary trial application, to rely on

(a) evidence taken on an examination for discovery,

(b) answers to interrogatories, or

(c) admissions,

the party must give notice of that fact in accordance with subrule (10).

Giving notice

(10) Notice under subrule (9) must be given

(a) by an applicant, in accordance with Rule 8-1 (7) and (8), and

(b) by a party who is not an applicant, in accordance with Rule 8-1 (9).

[am. B.C. Reg. 241/2010, Sch. A, s. 2.]

Adjournment or dismissal

(11) On an application heard before or at the same time as the hearing of a summary trial application, the court may

(a) adjourn the summary trial application, or

(b) dismiss the summary trial application on the ground that

(i) the issues raised by the summary trial application are not suitable for disposition under this rule, or

(ii) the summary trial application will not assist the efficient resolution of the proceeding.

Preliminary orders

(12) On or before the hearing of a summary trial application, the court may order that

(a) a party file and serve, within a fixed time, any of the following on which the party intends to rely in support of the application:

(i) an affidavit;

(ii) a notice referred to in subrule (9),

(b) the person who swore or affirmed an affidavit, or an expert whose report is relied on, attend for cross-examination, either before the court or before another person as the court directs,

(c) cross-examinations on affidavits be completed within a fixed time,

(d) no further evidence be tendered on the application after a fixed time, or

(e) a party file and serve a brief, with such contents as the court may order, within a fixed time.

Ancillary or preliminary orders may be made at or before application

(13) An order under subrule (11) or (12) may be made by a judge or by a master, and may be made before or at the same time as a summary trial application.

Judge not seized of application

(14) A judge who makes an order under subrule (11) or (12) in relation to a summary trial application is not seized of the summary trial application unless the judge otherwise orders.

Judgment

(15) On the hearing of a summary trial application, the court may

(a) grant judgment in favour of any party, either on an issue or generally, unless

(i) the court is unable, on the whole of the evidence before the court on the application, to find the facts necessary to decide the issues of fact or law, or

(ii) the court is of the opinion that it would be unjust to decide the issues on the application,

(b) impose terms respecting enforcement of the judgment, including a stay of execution, and

(c) award costs.

No further application without leave

(16) If the court does not grant judgment under subrule (15), the applicant may not apply again under subrule (2) without leave of the court.

Orders

(17) If the court is unable to grant judgment under subrule (15) and considers that the proceeding ought to be expedited, the court may order the trial of a proceeding generally or on an issue and may

(a) order that the parties attend a case planning conference,

(b) make any order that may be made under Rule 5-3 (1), or

(c) make any other order the court considers will further the object of these Supreme Court Civil Rules.

Right to vary or set aside order

(18) A court may, before or at trial, vary or set aside an order made under subrules (12) and (17) of this rule.

Order if jury notice filed

(19) A party may apply to the court for judgment under subrule (2) even though a party may have filed a notice under Rule 12-6 (3) requiring that the trial of the action be heard with a jury.

Rule 9-8 — Discontinuance and Withdrawal

Discontinuance before action set for trial

(1) At any time before a notice of trial is filed in an action, a plaintiff may discontinue it in whole or in part against a defendant by filing a notice of discontinuance in Form 36 and serving a filed copy of the notice of discontinuance on all parties of record.

Discontinuance after action set for trial

(2) After a notice of trial is filed in an action, a plaintiff may discontinue the action in whole or in part against a defendant with the consent of all parties of record or by leave of the court.

Withdrawal by defendant

(3) A defendant may withdraw his or her response to civil claim or any part of it with respect to any plaintiff at any time by filing a notice of withdrawal in Form 37 and serving a filed copy of the notice of withdrawal on all parties of record.

Costs and default procedure on discontinuance or withdrawal

(4) Subject to subrule (2), a person wholly discontinuing an action against a party or wholly withdrawing his or her response to civil claim filed in response to a notice of civil claim of a party must pay the costs of that party to the date of service of the notice of discontinuance or the notice of withdrawal, as the case may be, and if a plaintiff who is liable for costs under this subrule subsequently brings a proceeding for the same or substantially the same claim before paying those costs, the court may order the proceeding to be stayed until the costs are paid.

Third party entitled to costs

(5) If a plaintiff discontinues the whole or any part of an action in which a person has been joined as a third party, the third party, if the discontinuance disposes of the claim against the third party, is entitled to costs and may apply to the court for a direction as to who should pay them.

Some costs remain recoverable

(6) A plaintiff's right to recover costs from a defendant under subrule (4) does not preclude the plaintiff recovering other costs properly incurred.

Proceeding after response is withdrawn

(7) If a defendant wholly or partly withdraws his or her response under this rule, the plaintiff may proceed under Rule 3-8 as if the defendant had served no response or only a partial response.

Discontinuance not a defence

(8) Unless the court otherwise orders, the discontinuance of an action in whole or in part is not a defence to a subsequent proceeding for the same or substantially the same cause of action.

Application to counterclaim, third party proceeding and petition.

(9) This rule applies to a counterclaim, a third party proceeding and a petition.

Part 10 — Property and Injunctions

Rule 10-1 — Detention, Preservation and Recovery of Property

Property that is the subject matter of a proceeding

(1) The court may make an order for the detention, custody or preservation of any property that is the subject matter of a proceeding or as to which a question may arise and, for the purpose of enabling an order under this rule to be carried out, the court may authorize a person to enter on any land or building.

Fund that is the subject matter of a proceeding

(2) If the right of a party to a specific fund is in dispute in a proceeding, the court may order the fund to be paid into court or otherwise secured.

Allowance of income from property

(3) If property is the subject matter of a proceeding and the court is satisfied that the property will be more than sufficient to answer all claims on it, the court at any time

(a) may allow the whole or part of the income of the property to be paid, during such period as the court may direct, to a party who has an interest in it, or

(b) in the case of personal property, may order that part of the personal property be delivered or transferred to a party.

Recovery of specific property

(4) If a party claims the recovery of specific property other than land, the court may order that the property claimed be given up to the party, pending the outcome of the proceeding, either unconditionally or on terms and conditions, if any, relating to giving security, time, mode of trial or otherwise.

Compensation for wrongful recovery

(5) Unless the court otherwise orders, if an order is made under subrule (4) in favour of a party, the order must contain the party's undertaking to abide by any order that the court may make as to damages arising out of delivery of the property to the party or compliance with any other order.

Rule 10-2 — Receivers

Appointment of receiver

(1) The court may appoint a receiver in any proceeding either unconditionally or on terms, whether or not the appointment of a receiver was included in the relief claimed by the applicant.

Form of security

(2) Unless the court otherwise orders, a receiver must give security as the court may direct in either Form 38 or Form 39 and, until that security is given, the order appointing the receiver must not be presented for entry.

Remuneration of receiver

(3) The court must fix any remuneration to be paid to a receiver.

Accounts of receiver

(4) Unless the court otherwise orders, a receiver must file and deliver his or her accounts annually.

Rule 10-3 — Interpleader

Entitlement to relief by way of interpleader

(1) If

(a) a person (in this rule called the "applicant")

(i) is sued or expects to be sued in respect of property in the person's possession or under the person's control or in respect of the proceeds from a disposition of the property, or

(ii) receives a claim in respect of

(A) the property, or

(B) the proceeds

by or from 2 or more persons (in this rule called the "property claimants") making adverse claims, and

(b) the applicant claims no beneficial interest in the property,

the applicant may apply to the court for interpleader relief.

Claim to real or personal property taken by sheriff

(2) A person who makes a claim to or in respect of property taken or intended to be taken by a sheriff in the execution of any writ of execution, or to the proceeds from a disposition of the property, must deliver to the sheriff written notice of the person's claim and the person's address.

Sheriff to deliver notice

(3) On receipt of a notice of claim under subrule (2), a sheriff must promptly deliver a copy of the notice to the person who caused the writ of execution to issue, and that person must, within 7 days after receiving the copy, deliver to the sheriff a written notice stating whether that person admits or disputes the claim.

If claim admitted

(4) Promptly after receiving under subrule (3) a notice admitting a claim,

(a) a sheriff must release any property the claim to which is admitted, and

(b) the court may restrain the bringing of a proceeding against the sheriff for or in respect of having taken possession of the property, and

unless the court otherwise orders, the person who admitted the claim is only liable to the sheriff for any costs, fees and expenses incurred by the sheriff before receipt of the notice admitting the claim.

Sheriff may apply for interpleader relief

(5) A sheriff who receives a notice of claim under subrule (2) may apply for interpleader relief if

(a) the sheriff receives a notice under subrule (3) disputing the claim, or

(b) the person who caused the writ of execution to issue fails to give the sheriff the notice required under subrule (3) within the time required by that subrule.

Mode of application

(6) An application for interpleader relief must be made by petition, unless it is made in a proceeding that has already been started, in which case it may be made by notice of application.

Affidavit

(7) An application for interpleader relief must be supported by an affidavit stating the names and addresses of the property claimants of whom the applicant has knowledge and that the applicant

(a) claims no beneficial interest in the property in dispute, other than for costs, fees or expenses,

(b) does not collude with any property claimant, and

(c) is willing to deliver the property to the court or to dispose of it as the court may direct.

Application for interpleader relief

(8) An application for interpleader relief may be made without notice, and the court may deal with the application summarily or may give directions for service.

Powers of court on hearing application

(9) On the hearing of an application for interpleader relief, the court may

(a) order a property claimant to be made a party to a proceeding that has already been started in substitution for or in addition to the applicant,

(b) order an issue between the property claimants to be stated and tried in an action and direct which property claimant is to be the plaintiff in the action and which property claimant is to be the defendant,

(c) on the request of the applicant or a property claimant, determine the rights of the property claimants summarily,

(d) if a property claimant fails to attend, or attends and fails or refuses to comply with an order made in the proceeding, make an order declaring that the property claimant and all persons claiming under the property claimant be forever barred from prosecuting the claim against the applicant, without affecting the rights of the property claimants as between themselves,

(e) stay any further step in a proceeding,

(f) if there are interpleader applications pending in several proceedings, make an order that is binding on all the parties to the various proceedings,

(g) order the costs of the applicant to be paid out of the property or proceeds,

(h) declare that the liability of the applicant with respect to the property or the proceeds is extinguished, and

(i) make any other order the court considers will further the object of these Supreme Court Civil Rules.

Rule 10-4 — Injunctions

Applications for pre-trial injunctions

(1) An application for a pre-trial injunction may be made by a party whether or not a claim for an injunction is included in the relief claimed.

Applications for pre-trial injunctions before proceeding started

(2) An application for a pre-trial injunction may be made before the start of a proceeding and the injunction may be granted on terms providing for the start of the proceeding.

Applications for interim injunctions without notice

(3) If an application for a pre-trial injunction is made without notice, the court may grant an interim injunction.

Injunction by court order

(4) An injunction must be imposed by order of the court.

Undertaking as to damages

(5) Unless the court otherwise orders, an order for a pre-trial or interim injunction must contain the applicant's undertaking to abide by any order that the court may make as to damages.

Application for injunction after judgment

(6) In a proceeding in which an injunction has been or might have been claimed, a party may apply by petition after judgment to restrain another party from the repetition or continuance of the wrongful act or breach of contract established by the judgment or from the commission of any act or breach of a like kind.

Part 11 — Experts

Rule 11-1 — Application of Part 11

Application of this Part

(1) This Part does not apply to

(a) summary trials under Rule 9-7, except as provided in that rule, or

(b) a witness giving evidence in an action in relation to a matter if that witness is an individual whose conduct is in issue in the action in relation to that matter.

Case plan order

(2) Unless the court otherwise orders, if a case planning conference has been held in an action, expert opinion evidence must not be tendered to the court at trial unless provided for in the case plan order applicable to the action.

Rule 11-2 — Duty of Expert Witnesses

Duty of expert witness

(1) In giving an opinion to the court, an expert appointed under this Part by one or more parties or by the court has a duty to assist the court and is not to be an advocate for any party.

Advice and certification

(2) If an expert is appointed under this Part by one or more parties or by the court, the expert must, in any report he or she prepares under this Part, certify that he or she

(a) is aware of the duty referred to in subrule (1),

(b) has made the report in conformity with that duty, and

(c) will, if called on to give oral or written testimony, give that testimony in conformity with that duty.

Rule 11-3 — Appointment of Joint Experts

Appointment agreement

(1) If 2 or more parties who are adverse in interest wish to or are ordered under Rule 5-3 (1) (k) to jointly appoint an expert, the following must be settled before the expert is appointed:

(a) the identity of the expert;

(b) the issue in the action the expert opinion evidence may help to resolve;

(c) any facts or assumptions of fact agreed to by the parties;

(d) for each party, any assumptions of fact not included under paragraph (c) of this subrule that the party wishes the expert to consider;

(e) the questions to be considered by the expert;

(f) when the report must be prepared by the expert and given to the parties;

(g) responsibility for fees and expenses payable to the expert.

[am. B.C. Regs. 18/2019, Sch. 1, s. 2; 207/2020, s. 2.]

Appointment by parties

(2) If the parties agree on the matters referred to in subrule (1), they and the expert must enter into an agreement under subrule (6).

Application to court

(3) If the parties referred to in subrule (1) are unable to agree on the matters referred to in subrule (1), any party may apply, on an application under Part 8, at a case planning conference or at an application to amend the case plan order, to settle the terms of the expert's appointment.

Application materials

(4) Each of the parties referred to in subrule (1) must submit to the court, on any application for an order referred to in subrule (3), material that

(a) identifies the matters referred to in subrule (1) (a) to (h) that are in dispute and states his or her position on those matters,

(b) if the parties are unable to agree on the identity of the expert, names one or more persons who

(i) are qualified to give expert opinion evidence on the issue, and

(ii) have been made aware of the content of this Part and consent to being appointed as expert, and

(c) states any connection known to the party between a person named under paragraph (b) and a party to the action.

Powers of court

(5) On an application under subrule (3), the court may do one or more of the following:

(a) settle the terms of the appointment referred to in subrule (1) (a) to (h);

(b) if the parties are unable to agree on the identity of the expert, identify the person to be appointed as expert, whether or not that expert is named under subrule (4) (b);

(c) if the application is made at a case planning conference or at an application to amend a case plan order, make or amend a case plan order to reflect the orders made under paragraphs (a) and (b) of this subrule.

Agreement

(6) The parties referred to in subrule (1) must enter into an agreement that reflects the terms agreed on under subrule (2) or ordered under subrule (5), and

(a) the agreement must be signed by each party to the agreement,

(b) the agreement must be signed by the expert to signify that he or she

(i) has been made aware of the content of this Part, and

(ii) consents to the appointment reflected in the agreement, and

(c) a copy of the agreement must be served, promptly after signing, on every party of record who is not a party to the agreement.

Role of expert appointed under this rule

(7) Unless the court otherwise orders on an application referred to in subrule (8), if an agreement is made under this rule for a joint expert to give expert opinion evidence on an issue, the joint expert is the only expert who, in relation to the parties to the agreement, may give expert opinion evidence in the action on the issue.

Notice of application

(8) A party wishing to apply under subrule (7) for leave to tender the evidence of an additional expert at trial must, within 21 days after receipt of the joint expert's report, serve on all parties of record the documents that under Rule 8-1 (7) are required for the application.

Additional experts

(9) The court may, on an application referred to in subrule (8) of this rule, grant leave for the evidence of an additional expert to be tendered at trial if the court is satisfied that the evidence of that additional expert is necessary to ensure a fair trial.

Cross examination

(10) Each party of record, including each of the appointing parties, has the right to cross-examine at trial a joint expert appointed under this rule.

Common experts

(11) Nothing in this rule prevents parties who are not adverse in interest from appointing a common expert.

Rule 11-4 — Appointment of Own Experts

When each party may retain their own experts

(1) Subject to Rule 11-1 (2), parties to an action may each appoint their own experts to tender expert opinion evidence to the court on an issue.

Rule 11-5 — Appointment of Court's Own Expert

Appointment of experts by court

(1) Subject to this rule, the court may, on its own initiative at any stage of an action, appoint an expert if it considers that expert opinion evidence may help the court in resolving an issue in the action.

Materials required by court

(2) In deciding whether to appoint an expert under this rule in relation to an issue in an action, the court may

(a) ask each party of record to name one or more persons who

(i) are qualified to give expert opinion evidence on the issue, and

(ii) have been made aware of the content of this Part and consent to being appointed,

(b) require each party of record to state any connection between an expert named under paragraph (a) and a party to the action, and

(c) receive other material and make other inquiries to help decide which expert to appoint.

Court may name different expert

(3) The court may appoint an expert under this rule whether or not that expert was named by a party under subrule (2) (a).

Expert must consent

(4) The court may appoint an expert under this rule if the expert consents to the appointment after he or she has been made aware of the content of this Part.

Previous report not a bar

(5) The court may appoint an expert under this rule in relation to an issue even if that expert has already given a report to a party on the issue or on another issue in the action.

Consequences of court appointment

(6) Unless the court otherwise orders, if an expert is appointed under this rule to give expert opinion evidence on an issue, each party of record has the right to cross-examine the expert.

Directions to expert

(7) The court, after consultation with the parties of record, must

(a) settle the questions to be submitted to any expert appointed by the court under this rule,

(b) give the expert any directions the court considers appropriate, and

(c) give the parties of record any directions the court considers appropriate to facilitate the expert's ability to provide the required opinion.

Contents of order appointing expert

(8) The order appointing an expert under this rule must contain the directions referred to in subrule (7) and the court may make additional orders to enable the expert to carry out the directions applicable to him or her, including, on application by a party, an order under Rule 7-6 for

(a) an examination with respect to the physical or mental condition of a party, or

(b) inspection of property.

Remuneration of expert

(9) The remuneration of an expert appointed under this rule

(a) must be fixed by the court and consented to by the expert, and

(b) may include

(i) a fee for the report, and any supplementary reports, required under Rule 11-6, and

(ii) an appropriate sum for each day that the expert's attendance in court is required.

Security for remuneration

(10) The court may make one or both of the following orders without prejudice to any party's right to costs:

(a) an order directing that the expert's remuneration be paid by the persons and at the time ordered by the court;

(b) an order for security for the expert's remuneration.

Reports

(11) An expert appointed under this rule must

(a) prepare a report that complies with Rule 11-6 and send it to the registry, with a copy to each party of record, within such time as the court directs, and

(b) if the expert's opinion changes in a material way after an expert's report is sent to the registry under paragraph (a), prepare a supplementary report that complies with Rule 11-6 and send it to the registry, with a copy to each party of record, within such time as the court directs.

Report must be tendered as evidence

(12) Each report and supplementary report of an expert appointed by the court under this rule must be tendered as evidence at the trial of the action, unless the trial judge otherwise orders.

Rule 11-6 — Expert Reports

Requirements for report

(1) An expert's report that is to be tendered as evidence at the trial must be signed by the expert, must include the certification required under Rule 11-2 (2) and must set out the following:

(a) the expert's name, address and area of expertise;

(b) the expert's qualifications and employment and educational experience in his or her area of expertise;

(c) the instructions provided to the expert in relation to the proceeding;

(d) the nature of the opinion being sought and the issues in the proceeding to which the opinion relates;

(e) the expert's opinion respecting those issues;

(f) the expert's reasons for his or her opinion, including

(i) a description of the factual assumptions on which the opinion is based,

(ii) a description of any research conducted by the expert that led him or her to form the opinion, and

(iii) a list of every document, if any, relied on by the expert in forming the opinion.

[am. B.C. Reg. 119/2010, Sch. A, s. 24.]

Proof of qualifications

(2) The assertion of qualifications of an expert is evidence of them.

Service of report

(3) Unless the court otherwise orders, at least 84 days before the scheduled trial date, an expert's report, other than the report of an expert appointed by the court under Rule 11-5, must be served on every party of record, along with written notice that the report is being served under this rule,

(a) by the party who intends, with leave of the court under Rule 11-3 (9) or otherwise, to tender the expert's report at trial, or

(b) if 2 or more parties jointly appointed the expert, by each party who intends to tender the expert's report at trial.

Service of responding report

(4) Unless the court otherwise orders, if a party intends to tender an expert's report at trial to respond to an expert witness whose report is served under subrule (3), the party must serve on every party of record, at least 42 days before the scheduled trial date,

(a) the responding report, and

(b) notice that the responding report is being served under this rule.

Supplementary report of joint or court-appointed expert

(5) If, after an expert's report is served under subrule (3) (b), the expert's opinion changes in a material way,

(a) the expert must, as soon as practicable, prepare a supplementary report and ensure that that supplementary report is provided to the party who served the report under subrule (3), and

(b) the party to whom the supplementary report is provided under paragraph (a) of this subrule must promptly serve that supplementary report on every other party of record.

Supplementary report of own expert

(6) If, after an expert's report is served under subrule (3) (a) or (4), the expert's opinion changes in a material way and the party who served the report intends to tender that expert's report at trial despite the change,

(a) the expert must, as soon as practicable, prepare a supplementary report and ensure that that supplementary report is provided to the party, and

(b) the party must promptly serve that supplementary report on every other party of record.

Requirements for supplementary report

(7) A supplementary report under Rule 11-5 (11) or under subrule (5) (a) or (6) (a) of this rule must

(a) be identified as a supplementary report,

(b) be signed by the expert,

(c) include the certification required under Rule 11-2 (2), and

(d) set out the change in the expert's opinion and the reason for it.

Production of documents

(8) Unless the court otherwise orders, if a report of a party's own expert appointed under Rule 11-3 (9) or 11-4 is served under this rule, the party who served the report must,

(a) promptly after being asked to do so by a party of record, serve on the requesting party whichever one or more of the following has been requested:

(i) any written statement or statements of facts on which the expert's opinion is based;

(ii) a record of any independent observations made by the expert in relation to the report;

(iii) any data compiled by the expert in relation to the report;

(iv) the results of any test conducted by or for the expert, or of any inspection conducted by the expert, if the expert has relied on that test or inspection in forming his or her opinion, and

(b) if asked to do so by a party of record, make available to the requesting party for review and copying the contents of the expert's file relating to the preparation of the opinion set out in the expert's report,

(i) if the request is made within 14 days before the scheduled trial date, promptly after receipt of that request, or

(ii) in any other case, at least 14 days before the scheduled trial date.

Notice of trial date to expert

(9) The person who is required to serve the report or supplementary report of an expert under this rule must, promptly after the appointment of the expert or promptly after a trial date has been obtained, whichever is later, inform the expert of the scheduled trial date and that the expert may be required to attend at trial for cross-examination.

Notice of objection to expert opinion evidence

(10) A party who receives an expert report or supplementary report under this Part must, on the earlier of the date of the trial management conference and the date that is 21 days before the scheduled trial date, serve on every party of record a notice of any objection to the admissibility of the expert's evidence that the party receiving the report or supplementary report intends to raise at trial.

When objection not permitted

(11) Unless the court otherwise orders, if reasonable notice of an objection could have been given under subrule (10), the objection must not be permitted at trial if that notice was not given.

Rule 11-7 — Expert Opinion Evidence at Trial

Reports must be prepared and served in accordance with rules

(1) Unless the court otherwise orders, opinion evidence of an expert, other than an expert appointed by the court under Rule 11-5, must not be tendered at trial unless

(a) that evidence is included in a report of that expert that has been prepared and served in accordance with Rule 11-6, and

(b) any supplementary reports required under Rule 11-5 (11) or 11-6 (5) or (6) have been prepared and served in accordance with Rule 11-6 (5) to (7).

When report stands as evidence

(2) Unless the court otherwise orders, the following apply to a report or supplementary report of an expert:

(a) if, within 21 days after service of the report or within such other period as the court may order, a demand is made under subrule (3) of this rule that the expert who made the report attend at trial for cross-examination, the report must not be tendered or accepted as evidence at the trial unless the appointing party calls the expert at trial to be cross-examined in compliance with the demand;

(b) if no such demand is made under subrule (3) within the demand period referred to in paragraph (a) of this subrule,

(i) the expert whose report has been served under this Part need not attend at trial to give oral testimony, and

(ii) the report, if admissible, may be tendered and accepted as evidence at the trial.

Cross-examination of expert

(3) A party of record may demand that an expert whose report has been served on the parties of record under Rule 11-6 attend at the trial for cross-examination as follows:

(a) if the expert was jointly appointed under Rule 11-3 or was appointed by the court under Rule 11-5, any party of record may, within the demand period referred to in subrule (2) (a) of this rule, demand the attendance of the expert for cross-examination by that party or by any of the other parties of record;

(b) if the expert was appointed by a party under Rule 11-4 or by a party with leave of the court granted under Rule 11-3 (9), any party of record who is adverse in interest to the party who appointed that expert may, within the demand period referred to in subrule (2) (a) of this rule, demand the attendance of the expert for cross-examination.

Costs of cross-examination

(4) If an expert has been required to attend at trial for cross-examination by a demand under subrule (3) and the court is of the opinion that the cross-examination was not of assistance, the court may order the party who demanded the attendance of the expert to pay to the other party or to the expert costs in an amount the court considers appropriate.

Restrictions on calling expert as witness at trial

(5) Unless the court otherwise orders, if a party appoints an expert under Rule 11-3 (9) or 11-4,

(a) the party must not call the expert to give oral evidence at trial unless

(i) the expert's attendance has been demanded under subrule (3) of this rule, or

(ii) the expert's report has been served in accordance with Rule 11-6, the party believes direct examination of the expert is necessary to clarify terminology in the report or to otherwise make the report more understandable and any direct examination of that expert is limited to those matters, and

(b) the party must not cross-examine the expert at trial.

When court may dispense with requirement of this Part

(6) At trial, the court may allow an expert to provide evidence, on terms and conditions, if any, even though one or more requirements of this Part have not been complied with, if

(a) facts have come to the knowledge of one or more of the parties and those facts could not, with due diligence, have been learned in time to be included in a report or supplementary report and served within the time required by this Part,

(b) the non-compliance is unlikely to cause prejudice

(i) by reason of an inability to prepare for cross-examination, or

(ii) by depriving the party against whom the evidence is tendered of a reasonable opportunity to tender evidence in response, or

(c) the interests of justice require it.

[am. B.C. Regs. 18/2019, Sch. 1, s. 3; 207/2020, s. 3.]

Rule 11-8 — Repealed

Repealed. [B.C. Reg. 207/2020, s. 4.]

Part 12 — Trial

Rule 12-1 — How to Set Trial for Hearing

Application

(1) This rule applies to

(a) an action, and

(b) a proceeding that is transferred to the trial list under Rule 22-1 (7) (d).

Notice of trial

(2) To set a proceeding for trial, a party must file a notice of trial in Form 40.

[Special rules apply to fast track actions in relation to the setting of trials — see Rule 15-1 (13) and (14).]

Content of notice of trial

(3) A notice of trial filed under subrule (2) must include the date set out in a case plan order for the trial or, if no trial date is set out in a case plan order, the trial date obtained from the registry.

[en. B.C. Reg. 119/2010, Sch. A, s. 25.]

Registry

(4) The notice of trial must be filed in

(a) the registry where the notice of civil claim was filed unless paragraph (b) applies, or

(b) the registry to which the proceeding has been transferred if the proceeding has been transferred for all purposes to another registry.

Place of trial

(5) The place of trial must be the place named in the notice of civil claim, but the court may order that the place of trial be changed or that the trial be heard partly in one place and partly in another.

When notice of trial must be served

(6) Promptly after filing a notice of trial, the filing party must serve a copy of the filed notice of trial on all parties of record.

[am. B.C. Reg. 65/2013, Sch. A, s. 1.]

If trial date unacceptable

(7) If a party on whom a notice of trial is served under subrule (6) objects to the trial date set out in that notice of trial, the party must, within 21 days after service of the notice of trial,

(a) request a case planning conference, or

(b) make an application to the court to have the trial rescheduled.

Time of trial

(8) The trial is to be heard on the day appointed by the notice of trial or so soon after that day as may be convenient to the court.

Court may make orders respecting trial dates

(9) The court may

(a) order the adjournment of a trial,

(b) fix the date of trial of a proceeding,

(c) fix the date of trial of an issue in a proceeding, or

(d) order that a trial take precedence over another trial.

Duty to inform registry

(10) Each party to a proceeding that has been set for trial must advise the registry without delay

(a) if the proceeding settles, and

(b) of any circumstances affecting the estimated length of the trial.

Rule 12-2 — Trial Management Conference

Date for trial management conference

(1) Unless the court otherwise orders, a trial management conference must take place at least 28 days and not more than 120 days before the scheduled trial date, at a time and place to be fixed by a registrar.

[am. B.C. Reg. 104/2019, s. 3 (a).]

Trial management conference must be conducted by judge

(2) A trial management conference must be conducted by a judge or master and, if reasonably practicable, is to be conducted by the judge who will preside at the trial.

[am. B.C. Reg. 58/2012, Sch. A, s. 1.]

Trial brief required

(3) Unless the court otherwise orders, the plaintiff must, at least 28 days before the date set for the trial management conference,

(a) file a trial brief in Form 41, and

(b) serve a copy of the filed trial brief on all other parties of record.

[en. B.C. Reg. 3/2016, s. 1 (a).]

Trial brief — other parties of record

(3.1) Unless the court otherwise orders, each party of record, other than the plaintiff, must, at least 21 days before the date set for the trial management conference,

(a) file a trial brief in Form 41, and

(b) serve a copy of the filed trial brief on all other parties of record.

[en. B.C. Reg. 3/2016, s. 1 (a); am. B.C. Reg. 104/2019, s. 3 (b).]

Failure to serve trial brief

(3.2) If a party of record has failed to comply with subrule (3) (b) or (3.1) (b), the judge or master at a trial management conference may order costs against that party.

[en. B.C. Reg. 3/2016, s. 1 (a).]

Trial removed from trial list

(3.3) Unless the court otherwise orders, a trial must be removed from the trial list if no trial brief has been filed under subrule (3) or (3.1).

[en. B.C. Reg. 3/2016, s. 1 (a).]

Application for consent order

(3.4) Despite subrule (1), the parties of record may, no later than 14 days before the date set for a trial management conference, apply under Rule 8-3 (1) for an order by consent dispensing with the need for a trial management conference.

[en. B.C. Reg. 3/2016, s. 1 (a).]

Application materials

(3.5) In addition to the materials required under Rule 8-3 (1), an application referred to in subrule (3.4) of this rule must include a copy of each filed trial brief.

[en. B.C. Reg. 3/2016, s. 1 (a), as am. by B.C. Reg. 162/2016.]

Consent order

(3.6) A judge or master may make the order referred to in subrule (3.4) if satisfied that the matter is ready to proceed to trial and can be completed within the time reserved for it.

[en. B.C. Reg. 3/2016, s. 1 (a).]

Who must attend the trial management conference

(4) Unless the court otherwise orders, the following persons must attend a trial management conference in person:

(a) each lawyer representing a party of record;

(b) subject to the exception set out in subrule (5), each party of record.

Absent parties must be available and accessible by telephone or other means

(5) A party of record need not attend the trial management conference in person if the party is represented by a lawyer and one of the following is readily available for consultation during the trial management conference, either in person or by telephone:

(a) the party;

(b) an individual who

(i) has full authority to make decisions for that party concerning the action, or

(ii) has ready access to a person who has, or to a group of persons who collectively have, full authority to make decisions for that party concerning the action.

Application must be made by requisition

(6) An application under subrule (4) for an order respecting the manner in which a person is to attend a trial management conference or exempting a person from attending a trial management conference

(a) must be made by requisition in Form 17, and

(b) must be supported by a letter signed by the person or the person's lawyer setting out the reasons why the order is sought.

(c) Repealed. [B.C. Reg. 3/2016, s. 1 (b).]

[am. B.C. Reg. 3/2016, s. 1 (b).]

Non-attendance at trial management conference

(7) If a person who, under subrule (4), is required to attend a trial management conference fails to attend at that trial management conference, the trial management conference judge or master may do one or more of the following:

(a) proceed in the absence of the person who failed to attend;

(b) adjourn the trial management conference;

(c) order that the person, or the party on whose behalf the person was to attend, pay costs to one or more other parties.

[am. B.C. Reg. 58/2012, Sch. A, s. 1.]

Proceedings must be recorded

(8) Proceedings at a trial management conference must be recorded, but no part of that recording may be made available to or used by any person without court order.

Orders at a trial management conference

(9) The judge or master presiding at a trial management conference may consider the following and, without limiting the ability of the trial judge or master to make other orders at trial, may, whether or not on the application of a party, make orders respecting one or more of the following:

(a) a plan for how the trial should be conducted;

(b) whether or not the trial or any part of it is to be heard without a jury, on any of the grounds set out in Rule 12-6 (5);

(c) amendment of pleadings within a fixed time;

(d) admissions of fact at trial;

(e) admission of documents at trial, including

(i) agreements as to the purposes for which documents may be admitted, and

(ii) the preparation of common books of documents and document agreements;

(f) imposing time limits for the direct examination or cross-examination of witnesses, opening statements and final submissions;

(g) directing that a party provide a summary of the evidence that the party expects one or more of the party's witnesses will give at trial;

(h) directing that evidence of witnesses be presented at trial by way of affidavit;

(i) respecting experts, including, without limitation, orders that the parties' experts must, before the service of their respective reports, confer to determine and report on those matters on which they agree and those matters on which they do not agree;

(j) directing that the parties present opening statements and final submissions in writing;

(k) respecting when and how an issue between the party filing a third party notice and the third party may be tried;

(l) adjournment of the trial;

(m) directing that the number of days reserved for the trial be changed;

(n) directing the parties to attend a settlement conference;

(o) adjourning the trial management conference;

(p) directing the parties to attend a further trial management conference at a specified date and time;

(q) any other matter that may assist in making the trial more efficient;

(r) any other matter that may aid in the resolution of the proceeding;

(s) any orders the judge or master considers will further the object of these Supreme Court Civil Rules.

[am. B.C. Reg. 58/2012, Sch. A, s. 1.]

When approval in writing by lawyer not required

(10) Without limiting Rule 13-1 (2), if an order under subrule (9) of this rule is signed or initialled by the trial management conference judge or master, that order need not be approved in writing by a lawyer or by a party.

[am. B.C. Reg. 58/2012, Sch. A, s. 1.]

Prohibited orders

(11) A trial management conference judge or master must not, at a trial management conference,

(a) hear any application for which affidavit evidence is required, or

(b) make an order for final judgment, except by consent.

[am. B.C. Reg. 58/2012, Sch. A, s. 1.]

Rule 12-3 — Trial Record

Trial record for the court

(1) The party who files a notice of trial must file a trial record for the court, which trial record must contain

(a) the pleadings,

(b) particulars served under a demand, together with the demand made,

(c) the case plan order, if any,

(d) any order relating to the conduct of the trial, and

(e) any document required by a registrar under subrule (2).

[am. B.C. Reg. 119/2010, Sch. A, s. 26.]

Powers of registrar respecting trial records

(2) A registrar may direct inclusion in the trial record of any document the registrar thinks necessary or may reject a trial record that, in the registrar's opinion,

(a) does not contain all the documents required under subrule (1),

(b) contains a document that is not a document required under subrule (1), or

(c) is illegible.

Filing and service of trial record

(3) The party referred to in subrule (1) must

(a) file the trial record at least 14 days before but not more than 28 days before the scheduled trial date, and

(b) promptly after filing, serve a copy of the filed trial record on the other parties of record.

Amended trial record

(4) If the whole or any part of a pleading is amended after service of the trial record, the party who filed the notice of trial must

(a) amend the trial record by substituting the amended pleading for the version of the pleading that had previously been included, and

(b) at least one day before the trial,

(i) file the amended trial record, and

(ii) serve a copy on all parties of record.

Direction as to trial record

(5) If the court directs that a proceeding be set down for trial, it may also direct one of the parties to prepare, file and serve a trial record.

Rule 12-4 — Trial Certificate

Trial certificate

(1) Each party of record must file a trial certificate in Form 42 in the registry where the trial is to be held.

When trial certificate must be filed

(2) A trial certificate must be filed at least 14 days before but not more than 28 days before the scheduled trial date.

What trial certificate must contain

(3) A trial certificate must contain the following:

(a) a statement that the party filing the trial certificate will be ready to proceed on the scheduled trial date;

(b) a statement certifying that the party filing the trial certificate has completed all examinations for discovery that the party intends to conduct;

(c) the party's current estimate of the length of the trial;

(d) a statement that a trial management conference has been conducted in the action.

[am. B.C. Reg. 119/2010, Sch. A, s. 27.]

Service

(4) Promptly after filing a trial certificate, the filing party must serve a copy of the filed trial certificate on all parties of record.

Failure to file

(5) Unless the court otherwise orders, if no party of record files a trial certificate, the trial must be removed from the trial list.

[am. B.C. Reg. 95/2011, Sch. A, s. 4.]

Applications prohibited

(6) A party who fails to file a trial certificate under subrule (1) is not, without leave of the court, entitled to make further applications.

Rule 12-5 — Evidence and Procedure at Trial

Application

(1) This rule does not apply to summary trials under Rule 9-7, except as provided in that rule.

Proof of Facts and Documents

Court may vary order

(2) An order made under this rule concerning the mode of proving a fact or document or of tendering evidence may be revoked or varied by a subsequent order made at or before the trial.

Failure to prove a material fact

(3) If a party omits or fails to prove some fact material to the party's case, the court may proceed with the trial, subject to that fact being afterwards proved as the court directs, and,

(a) if the case is being tried by a jury, the court may direct the jury to find a verdict as if that fact had been proved, and

(b) unless the court otherwise orders, judgment must be entered according to whether or not that fact is or is not afterwards proved as directed.

No Evidence and Insufficient Evidence Applications

No evidence application

(4) At the close of the plaintiff's case, the defendant may apply to have the action dismissed on the ground that there is no evidence to support the plaintiff's case.

Defendant need not elect whether to call evidence

(5) A defendant is entitled to apply under subrule (4) without being called on to elect whether or not to call evidence.

Insufficient evidence application

(6) At the close of the plaintiff's case, the defendant may apply to have the action dismissed on the ground that the evidence is insufficient to make out the plaintiff's case.

Defendant must elect not to call evidence

(7) Unless the court otherwise orders, an application under subrule (6) may be made only after the defendant has elected not to call evidence.

Documentary and Other Exhibits

Notice to produce

(8) By serving a notice in Form 43 at least 2 days before a trial, a party of record may require any other party of record to bring to the trial

(a) any document listed by the other party in a list of documents prepared under Rule 7-1, and

(b) any physical object in the other party's possession or control that the party serving the notice contemplates tendering at the trial as an exhibit, but the notice must identify the object.

Numbering exhibit pages

(9) If a copy of a document is tendered as an exhibit,

(a) each page of the exhibit must be numbered sequentially, beginning with the first page of the exhibit and ending with the last page of the exhibit, or

(b) if the exhibit is divided by tabs,

(i) each page of the exhibit that is not behind a tab must be numbered sequentially, beginning with the first of those pages and ending with the last of those pages, and

(ii) each page of the exhibit that is behind a tab must be numbered sequentially, beginning with the first page behind the tab and ending with the last page behind the tab.

Opportunity to inspect exhibit

(10) Unless the court otherwise orders or the parties of record otherwise agree, no plan, photograph or object may be received in evidence at the trial of an action unless, at least 7 days before the start of the trial, the parties of record have been given an opportunity to inspect it.

Registrar to take charge of exhibits

(11) A registrar must

(a) take charge of each document or object put in as an exhibit,

(b) mark or label each exhibit with a number, and

(c) make a list of the exhibits, giving a short description of each and stating by whom it was tendered.

Return of exhibits

(12) Subject to subrule (13), after the time for appeal from judgment has expired or after the disposition of an appeal, new trial or further appeal, whichever is latest, a registrar may return an exhibit to the party who tendered it.

Other returns

(13) The parties of record may agree or the court may order that an exhibit be returned at an earlier time or to a person other than the party who tendered it.

Disposal of exhibits after final disposition

(14) A registrar may, with the approval of the Deputy Attorney General, destroy or otherwise dispose of an exhibit tendered in evidence in a proceeding if the return of the exhibit has not been applied for within one year after the later of

(a) the date of the judgment at trial in, or any other final disposition of, the proceeding, and

(b) the date of the judgment on, or any other final disposition of, any appeal, new trial or further appeal.

Notice respecting disposal of exhibits before final disposition

(15) If an exhibit is tendered in evidence in a proceeding and nothing is filed in that proceeding for a period of 2 years, a registrar may notify the parties of record that the registrar intends to destroy or otherwise dispose of the exhibit unless, within 30 days after the date of the notice,

(a) an application is made for the return of the exhibit, or

(b) a notice of intention to proceed in Form 44 is served on all parties of record and a copy of the notice and proof of its service is filed in the proceeding.

Disposal of exhibits before final disposition

(16) After giving notice of the intended destruction or disposition of an exhibit under subrule (15), a registrar may,

(a) if, within 30 days after the date of the notice, a person applies to the registrar for a return of the exhibit, return the exhibit to the party who tendered it or to such other person as the parties of record may agree or the court may order, or

(b) if no such application is made and if none of the parties comply with subrule (15) (b) within 30 days after the date of the notice, destroy or otherwise dispose of the exhibit with the approval of the Deputy Attorney General.

If exhibit disposed of

(17) If an exhibit is disposed of under subrule (14) or (16) (b),

(a) any money received as a result of the disposition must be paid to the Minister of Finance, and

(b) the exhibit list must be endorsed to indicate the date and method of disposition and the amount of any money recovered.

If exhibit destroyed

(18) If an exhibit is destroyed under subrule (14) or (16) (b), the exhibit list must be endorsed to indicate the date and method of destruction.

Adverse Witnesses

"Adverse party" defined

(19) For the purpose of subrules (20) to (23), "adverse party" means a party who is adverse in interest.

Adverse witness

(20) Subrules (21) to (24) apply if a party wishes to call as a witness at the trial

(a) an adverse party, or

(b) a person who, at the time the notice referred to in subrule (21) is served, is a director, officer, partner, employee or agent of an adverse party.

Notice to call adverse witness

(21) If a party wishes to call as a witness a person referred to in subrule (20) (a) or (b), the party must serve on the adverse party a notice in Form 45 together with proper witness fees at least 7 days before the date on which the attendance of the intended witness is required.

Exceptions

(22) Despite subrule (21), a party may

(a) call as a witness, without payment of witness fees or previous notice, a person referred to in subrule (20) (a) or (b) if the person called is in attendance at the trial, or

(b) subpoena a person referred to in subrule (20) (a) or (b).

Application to set notice aside

(23) The court may set aside a notice served under subrule (21) on the grounds that

(a) the adverse party is unable to procure the attendance of the person named in the notice,

(b) the evidence of the person is unnecessary,

(c) it would work a hardship on the person or the adverse party to require the person to attend the trial, or

(d) the person named in the notice is not a person referred to in subrule (20) (a) or (b).

Court may make order

(24) On an application under subrule (23), the court may make any order it considers will further the object of these Supreme Court Civil Rules, including, without limitation, an order adjourning the trial.

Refusal to comply with notice

(25) If a person called as a witness in accordance with subrule (21) or (22) refuses or neglects to attend at the trial, to be sworn or to affirm, to answer a proper question put to the person or to produce a document that the person is required to produce, the court may do one or more of the following:

(a) grant judgment in favour of the party who called the witness;

(b) adjourn the trial;

(c) make an order as to costs;

(d) make any other order it considers will further the object of these Supreme Court Civil Rules.

Adverse party as witness may be cross-examined

(26) If, in accordance with subrule (21) or (22), a party calls as a witness a person referred to in subrule (20) (a) or (b), the following apply:

(a) the party calling the witness is entitled to cross-examine the witness generally on one or more issues;

(b) the adverse party must not cross-examine the witness except to obtain an explanation of matters brought out in the examination-in-chief;

(c) other parties may cross-examine the witness generally on one or more issues, as the court may direct;

(d) the party calling the witness must not re-examine the witness except in relation to new matters brought out in cross-examination.

Rules Applicable to All Witnesses

Witness to testify orally

(27) Subject to any enactment and these Supreme Court Civil Rules,

(a) a witness at a trial of an action must testify in open court, and

(b) unless the parties otherwise agree, the witness must testify orally.

Witness must be listed in witness list

(28) Unless the court otherwise orders, a party must not, at trial, lead evidence from a witness unless that witness is listed in a witness list.

Examination of witnesses

(29) The court may permit a party

(a) to examine a witness, either generally or with respect to one or more issues,

(i) by the use of leading questions,

(ii) by referring the witness to a prior statement made by the witness, whether or not made under oath,

(iii) respecting the interest of the witness, if any, in the outcome of the proceeding, or

(iv) respecting any relationship or connection between the witness and a party, or

(b) to cross-examine a witness, either generally or with respect to one or more issues.

Any party may contradict testimony

(30) A party may contradict or impeach the testimony of any witness.

Party may prepare and serve subpoena

(31) A party of record may prepare a subpoena and serve it on any person.

Form of subpoena

(32) A subpoena must be in Form 25 and may contain any number of names.

Subpoena not to be filed or sealed

(33) A subpoena need not be filed in or bear the seal of the court.

Service of subpoena

(34) A subpoena must be served and, if an affidavit is filed for the purpose of proving the service, the affidavit must state when, where, how and by whom service was effected.

Fees to accompany subpoena

(35) A person served with a subpoena is entitled to tender of the proper fees at the time of service.

Production of documents and physical objects

(36) A party of record, by subpoena in Form 25, may require any person other than a party of record or a representative of a party of record to bring to the trial

(a) any document in the person's possession or control relating to the matters in question in the action, without the necessity of identifying the document, and

(b) any physical object in the person's possession or control that the party contemplates tendering at the trial as an exhibit, but the subpoena must identify the object to be brought.

Order for attendance of witness in custody

(37) The court may order the attendance of a witness who is in the lawful custody of another person, including the custodian of a penal institution.

Failure of witness to attend, etc.

(38) On proof

(a) of the service of a subpoena on a witness who fails to attend or to remain in attendance in accordance with the requirements of the subpoena,

(b) that proper witness fees have been paid or tendered to that witness, and

(c) that the presence of that witness is material to the ends of justice,

the court, by its warrant in Form 46 directed to a sheriff or other officer of the court or to a peace officer, may cause that witness to be apprehended and promptly brought before the court and to be detained in custody or released on terms the court may order, and the court may order that witness to pay the costs arising from his or her failure to attend or to remain in attendance.

Order setting aside subpoena

(39) A person who has been served with a subpoena may apply to the court for an order setting aside the subpoena on the grounds that compliance with it is unnecessary or that it would work a hardship on the person, and the court may make any order, as to postponement of the trial or otherwise, it considers will further the object of these Supreme Court Civil Rules.

Deposition Evidence

Use of deposition evidence

(40) A transcript or video recording of a deposition under Rule 7-8 may be given in evidence at the trial by any party and, even though the deposition of a witness has or may be given in evidence, the witness may be called to testify orally at the trial.

Use of videotape or film

(41) If a video recording of a deposition is given in evidence under subrule (40) of this rule, a transcript of the deposition may also be given.

Certified transcript

(42) If a transcript of a deposition is certified as an accurate transcription by the person taking the deposition, the transcript may be tendered in evidence without proof of the signature of that person.

Video recording of deposition evidence

(43) A video recording of a deposition may be tendered in evidence without proof of its accuracy or completeness, but the court may order an investigation to verify the accuracy or completeness of the video recording.

Video recording of evidence becomes exhibit

(44) A video recording of a deposition tendered in evidence becomes an exhibit at the trial.

Deposition to be given in full

(45) If a transcript or video recording of a deposition is given in evidence,

(a) subrule (56) applies, and

(b) the deposition must be presented in full, unless otherwise agreed by the parties or ordered by the court.

Evidence from Examinations for Discovery

Persons against whom discovery evidence is admissible

(46) If otherwise admissible, the evidence given on an examination for discovery by a party or by a person examined under Rule 7-2 (5) to (10) may be tendered in evidence at trial by any party adverse in interest, unless the court otherwise orders, but the evidence is admissible against the following persons only:

(a) the adverse party who was examined;

(b) the adverse party whose status as a party entitled the examining party to conduct the examination under Rule 7-2 (5) to (10);

(c) if the person was examined under section 17 of the Class Proceedings Act as a member of a class, the members of that class.

Notice required of evidence

(47) If a person examined for discovery was, at the time of the examination, a former director, officer, employee, agent or external auditor of a party, any part of his or her evidence may be tendered at trial if notice has been served on all parties of record at least 14 days before trial specifying the part of the evidence intended to be given at trial.

Attendance at trial may be required

(48) Any party of record may require the attendance at trial of a person whose evidence taken on examination for discovery is intended to be tendered under subrule (47), and, if the evidence is tendered, all parties of record may cross-examine that person.

Court may consider whole examination

(49) If part of an examination for discovery is tendered in evidence, the court may review the whole of that examination and if, following the review, the court considers that another part of the examination is closely connected with the part tendered in evidence, it may direct that the other part be tendered as evidence.

Discovery evidence of person under disability

(50) If, at the time of an examination for discovery, the person examined was an infant or a mentally incompetent person, the examination must not be tendered in evidence unless the trial judge, at the time the evidence is tendered, determines that the person, at the time of the examination, was competent to give evidence.

Transcripts of discovery evidence

(51) If a transcript of an examination for discovery is certified as an accurate transcription by the official reporter, the transcript may be tendered in evidence without proof of the reporter's signature.

Pre-trial Examinations

Use of pre-trial examination of a witness

(52) A party may tender in evidence at the trial all or part of the examination of a person taken under Rule 7-5

(a) to contradict or impeach the testimony of the person at trial, or

(b) if it is necessary in the interests of justice and

(i) the person is dead,

(ii) the person is unable to attend and testify because of age, infirmity, sickness or imprisonment,

(iii) the person is out of the jurisdiction, or

(iv) the person's attendance cannot be secured by subpoena.

Court may consider whole pre-trial examination

(53) If part of an examination of a person taken under Rule 7-5 is tendered in evidence, the court may review the whole of that examination and if, following the review, the court considers that another part of the examination is so closely connected with the part tendered in evidence that the last mentioned part ought not to be used without the other part, it may direct that the other part be tendered as evidence.

Transcripts and Interrogatories

Use of transcript of other proceedings

(54) If a witness is dead, or is unable to attend and testify because of age, infirmity, sickness or imprisonment or is out of the jurisdiction or his or her attendance cannot be secured by subpoena, the court may permit a transcript of any evidence of that witness taken in any proceeding, hearing or inquiry at which the evidence was taken under oath, whether or not involving the same parties, to be put in as evidence, but reasonable notice must be given of the intention to give that evidence.

Transcript for the court

(55) In an action in which evidence or argument is taken down by an official reporter or is recorded digitally or on audio tape, it is the duty of the plaintiff, if required by the court, to furnish the court with a certified transcript of the evidence or argument or any portion of it, the costs of which form part of the costs of the action, but if payment of the costs of providing a transcript would be a hardship on a party, the court may order that the transcript be prepared at the expense of the government.

Objection to transcript evidence at trial

(56) At a trial, a party may object to the admissibility of any question and answer in a transcript or video recording tendered in evidence, although no objection was taken at the examination.

Custody of transcripts

(57) If a transcript is made of a deposition examination, examination for discovery or pre-trial examination of a witness, the party at whose instance the examination was held must keep the original transcript unmarked and must have it available at the trial.

Use of interrogatories at trial

(58) At the trial of an action, a party may give in evidence an answer, or part of an answer, to interrogatories, but the court may look at the whole of the answers and, if it is of the opinion that any other answer or part of an answer is so connected with an answer or part of it given in evidence that the one ought not to be used without the other, it may direct that the other answer or part of it be put in as evidence.

Evidence Given by Affidavit

Affidavit evidence

(59) On the application of a party of record at or before trial, a judge or master may order that the evidence in chief of a witness may be given by affidavit.

Copy of affidavit must be furnished

(60) A party seeking to tender evidence by affidavit must serve a copy of the affidavit on all parties of record at least 28 days, or such lesser period as may be ordered by the court, before the application referred to in subrule (59).

Cross-examination

(61) If a copy of an affidavit of a witness is served under subrule (60), any party may, unless the court otherwise orders, require the witness to be called for cross-examination at trial, provided that that party gives to the party seeking to tender the evidence by affidavit notice of the requirement within 14 days after receiving the affidavit.

Court may extend or abridge time to require witness attendance

(62) If a copy of an affidavit is served under subrule (60) less than 28 days before the application referred to in subrule (59), the court may extend or abridge the time referred to in subrule (61) within which parties may require the attendance of the witness at trial for cross-examination.

Contents

(63) The person swearing or affirming an affidavit referred to in subrule (59) may state only what he or she would be permitted to state were the evidence to be given orally.

Cross-examination not limited

(64) Cross-examination under subrule (61) or (62) is not confined to matters contained in the affidavit.

Costs where attendance unnecessary

(65) If a witness has been required to give evidence under subrule (61) or (62), and the court is of the opinion that the evidence obtained does not materially add to the information in the affidavit furnished under subrule (60), the court may order the party that required the attendance of the witness to pay, as costs, an amount the court considers appropriate.

Trial Procedures

Trial with assessor

(66) The court may at any time order a trial to be heard wholly or partially by the court sitting with an assessor, and the court may fix the remuneration for the assessor and the remuneration forms part of the costs of the action.

Trial of one question before others

(67) The court may order that one or more questions of fact or law arising in an action be tried and determined before the others.

Trial by different modes of trial

(68) The court may order that different questions of fact arising in an action be tried by different modes of trial.

Calculation of amount by officer of the court

(69) In an action in which it appears that the amount to be recovered is substantially a matter of calculation, the court may direct an inquiry, assessment or accounting under Rule 18-1.

Use of recording device

(70) If authorized by the court to do so, a party may use a recording device to record evidence.

Evidence of particular facts

(71) At or before a trial, the court may order that evidence of a fact or document may be presented at the trial in any manner, including

(a) by statement on oath of information and belief,

(b) by documents or entries in books,

(c) by copies of documents or entries in books, or

(d) by a specified publication that contains a statement of that fact.

Order of speeches

(72) Addresses to the jury or the court must be as follows:

(a) the party on whom the onus of proof lies may open his or her case before giving evidence;

(b) at the close of the case of the party who began, the opposite party, if that party announces his or her intention to give evidence, may open his or her case;

(c) at the close of all of the evidence, the party who began may address the jury or the court, and the opposite party may then address the jury or the court and the party who began may then reply and the court may allow the opposite party to be heard in response to a point raised in the reply;

(d) if a defendant claims relief against another defendant, the defendant claiming relief may address the jury after the defendant against whom relief is claimed;

(e) if a party is represented by a lawyer, the rights conferred by this rule must be exercised by the party's lawyer.

Court may make order respecting submissions

(73) At or before a trial, the court may make one or both of the following orders in respect of a party's submissions to the court at the trial:

(a) an order that all or any part of the submissions be in writing;

(b) an order that all or any part of the submissions be of limited length.

Clerk to note time of trial

(74) On each day of a trial, the clerk must record the following:

(a) the time the trial begins and ends;

(b) the name of each witness;

(c) the time the witness' evidence begins and ends.

Failure to Attend

Failure of all parties to appear at trial

(75) Without limiting any other power of the court under these Supreme Court Civil Rules, if no party is in attendance when the trial of an action is called, the action must be struck off the trial list unless the court otherwise orders.

Failure of one party to appear at trial

(76) If a party is not in attendance when the trial of an action is called, the court may proceed with the trial, including hearing a counterclaim, in the absence of that party.

Court may set aside judgment

(77) The court may set aside a verdict or judgment obtained if a party does not attend the trial.

Rule 12-6 — Jury Trials

Application of Rule 12-6

(0.1) Subrules (1) to (12) of this Rule do not apply during the period starting on September 28, 2020 and ending on October 7, 2022.

[en. B.C. Reg. 232/2020, Sch. 1; am. B.C. Reg. 53/2021, Sch. s. 1.]

Rules during specified period

(0.2) During the period referred to in subrule (0.1),

(a) a trial must be heard by the court without a jury regardless of whether a party filed or served a notice, or paid any sum for the jury and the jury process, under this Rule,

(b) the court may transfer a proceeding to the Provincial Court of British Columbia under section 15 of the Supreme Court Act even though a party has filed a notice requiring a jury trial under this Rule, and

(c) a party may not apply for an adjournment of a trial because the party may want to require that the trial be heard by the court with a jury, unless the court otherwise orders.

[en. B.C. Reg. 232/2020, Sch. 1.]

Filing jury notice and paying jury fees before October 8, 2022

(0.3) Despite subrule (0.2), a party may require that the trial of an action be heard by the court with a jury by doing the following on or after March 29, 2021 for a trial scheduled to take place on or after October 8, 2022:

(a) within 21 days after service of the notice of trial but at least 45 days before trial,

(i) filing a notice in Form 47, and

(ii) serving a copy of the filed notice on all parties of record;

(b) at least 45 days before trial, paying to the sheriff a sum sufficient to pay for the jury and the jury process.

[en. B.C. Reg. 53/2021, Sch. s. 2.]

Application of subrule (5) before October 8, 2022

(0.4) If a party files a notice under subrule (0.3) (a), the party on whom the notice has been served may, despite subrule (0.1), make an application under subrule (5) on or after March 29, 2021.

[en. B.C. Reg. 53/2021, Sch. s. 2.]

Trial without jury generally

(1) Subject to subrule (3), a trial must be heard by the court without a jury.

Trial without jury in certain proceedings

(2) A trial must be heard by the court without a jury if the trial relates to

(a) the administration of the estate of a deceased person,

(b) the dissolution of a partnership or the taking of partnership or other accounts,

(c) the redemption or foreclosure of a mortgage,

(d) the sale and distribution of the proceeds of property subject to any lien or charge,

(e) the execution of trusts,

(f) the rectification, setting aside or cancellation of a deed or other written instrument,

(g) the specific performance of a contract,

(h) the partition or sale of real estate,

(i) the custody or guardianship of an infant or the care of an infant's estate, or

(j) a proceeding referred to in Rule 2-1 (2).

Notice requiring jury trial

(3) Subject to Rule 15-1 (10) and subrules (2) and (4) of this rule, a party may require that the trial of an action be heard by the court with a jury by doing the following:

(a) within 21 days after service of the notice of trial but at least 45 days before trial,

(i) filing a notice in Form 47, and

(ii) serving a copy of the filed notice on all parties of record;

(b) at least 45 days before trial, paying to the sheriff a sum sufficient to pay for the jury and the jury process.

[am. B.C. Regs. 95/2011, Sch. A, s. 5; 65/2013, Sch. A, s. 2.]

Jury notice not to prevent transfer of proceeding

(4) The court may transfer a proceeding to the Provincial Court of British Columbia under section 15 of the Supreme Court Act even though a party has filed a notice under subrule (3).

Court may refuse jury trial

(5) Except in cases of defamation, false imprisonment and malicious prosecution, a party on whom a notice under subrule (3) has been served may apply

(a) within 7 days after service for an order that the trial or part of it be heard by the court without a jury on the ground that

(i) the issues require prolonged examination of documents or accounts or a scientific or local investigation that cannot be made conveniently with a jury,

(ii) the issues are of an intricate or complex character, or

(iii) the extra time and cost involved in requiring that the trial be heard by the court with a jury would be disproportionate to the amount involved in the action, or

(b) at any time for an order that the trial be heard by the court without a jury on the ground that the trial relates to a fast track action or to one of the proceedings referred to in subrule (2).

No application for judgment necessary

(6) An application for judgment is not necessary unless an enactment or these Supreme Court Civil Rules otherwise provides.

Judgment impossible on jury findings

(7) If, after any redirection the court considers appropriate, a jury answers some but not all of the questions directed to it, or if the answers are conflicting, so that judgment cannot be pronounced on the findings, the action must be retried.

Only partial judgment possible on jury findings

(8) If the answers of the jury entitle either party to judgment in respect of some but not all of the claims for relief in the notice of civil claim, the court may pronounce judgment on those claims and the remaining claims must be retried.

Jury failing to reach verdict

(9) If the jury fails to reach a verdict in accordance with the Jury Act, the action must be retried.

Retrial

(10) A retrial under subrules (7) to (9) may take place at the same or subsequent sittings as the court may direct.

Continuing trial without jury

(11) If, for any reason other than the misconduct of a party or the party's lawyer, a trial with a jury would be retried, the court, with the consent of the party who required a jury trial, may continue the trial without a jury.

Trial may continue without jury

(12) If, by reason of the misconduct of a party or the party's lawyer, a trial with a jury would be retried, the court, with the consent of all parties adverse in interest to the party whose conduct, or whose lawyer's conduct, is complained of, may continue the trial without a jury.

Part 13 — Orders

Rule 13-1 — Orders

Drawing and approving orders

(1) An order of the court

(a) subject to subrule (15), may be drawn up by any party,

(b) subject to subrule (2) and paragraph (c) of this subrule, must, unless the court otherwise orders, be approved in writing by all parties of record or their lawyers,

(c) need not be approved by a party who has not consented to it and who did not attend or was not represented at the trial or hearing following which the order was made, and

(d) after approval under this rule, must be left with a registrar to have the seal of the court affixed.

When approval in writing not required

(2) If an order is signed or initialled by the presiding judge or master, that order need not be approved in writing by a lawyer or by a party.

Form of order

(3) Unless these Supreme Court Civil Rules otherwise provide,

(a) an order made without a hearing and by consent must be in Form 34,

(b) an order made after a trial must be in Form 48, and

(c) any other order must be in Form 35.

Endorsement of order on application sufficient in certain cases

(4) If an order has been made substantially in the same terms as requested, and if the court endorses the notice of application, petition or other document to show that the order has been made or made with any variations or additional terms shown in the endorsement, it is not necessary to draw up the order, but the endorsed document must be filed.

Order granted conditionally on document to be filed

(5) If an order may be entered on the filing of a document, the party seeking entry of the order must file the document when leaving the draft order with a registrar, and the registrar must examine the document and, if satisfied that it is sufficient, must enter the order accordingly.

Waiver of order obtained on condition

(6) If a person who has obtained an order on condition does not comply with the condition, the person is deemed to have abandoned the order so far as it is beneficial to the person and, unless the court otherwise orders, any other person interested in the proceeding may take either the steps the order may warrant or the steps that might have been taken if the order had not been made.

Order of judge or master

(7) An order of a single judge or master is an order of the court.

Date of order

(8) An order

(a) must be dated as of the date on which it was pronounced or, if made by a registrar, as of the date on which it is signed by the registrar, and

(b) unless the court otherwise orders, takes effect on the day of its date.

Approval of order

(9) An order may be approved by any judge.

Requirement of consent order

(10) A consent order must not be entered unless the consent of each party of record affected by the order is signified as follows:

(a) if the party is represented by a lawyer, by the signature of the lawyer;

(b) if the party is not represented by a lawyer,

(i) by the oral consent of the party who attends before the court or a registrar, or

(ii) by the written consent of the party.

Settlement of orders

(11) An order must be settled, when necessary, by a registrar, who may refer the draft to the judge or master who made the order.

Appointment to settle

(12) A party may file an appointment in Form 49 to settle an order and must serve a copy of the filed appointment and a draft order on all parties whose approval of the order is required under subrule (1) at least one day before the time fixed by the appointment.

Party failing to attend on appointment to settle

(13) If a party fails to attend at the time appointed for the settlement of an order, a registrar may settle the order in the party's absence.

Review of settlement

(14) The court may review and vary the order as settled.

Registrar may draw order

(15) The court may direct a registrar to draw up and enter an order.

Special directions for entry or service

(16) The court may give special directions respecting the entry or service of an order.

Correction of orders

(17) The court may at any time correct a clerical mistake in an order or an error arising in an order from an accidental slip or omission, or may amend an order to provide for any matter that should have been but was not adjudicated on.

Opinions, advice and directions of the court

(18) The opinion, advice or direction of the court must be entered in the same manner as an order of the court and is to be termed a "judicial opinion", "judicial advice" or "judicial direction", as the case may require.

Orders on terms and conditions

(19) When making an order under these Supreme Court Civil Rules, the court may impose terms and conditions and give directions it considers will further the object of these Supreme Court Civil Rules.

Rule 13-2 — Enforcement of Orders

Order to pay money to a person

(1) An order for the payment of money to a person may be enforced by writ of seizure and sale in Form 50.

Order to pay money into court

(2) An order for the payment of money into court may be enforced by writ of sequestration in Form 51.

Order for recovery or delivery of land

(3) An order for the recovery or the delivery of the possession of land may be enforced by writ of possession in Form 52.

Order for recovery or delivery of property other than land

(4) An order for the recovery or the delivery of the possession of any property other than land or money may be enforced by writ of delivery in Form 53 or 54 or by writ of sequestration in Form 51.

Appointment of receiver

(5) An order may be enforced by the appointment of a receiver under Rule 10-2.

Execution by or against person not a party

(6) A person not a party to a proceeding, who obtains an order or in whose favour an order is made, may enforce the order in the same manner as if the person were a party to the proceeding, and an order that may be enforced against a person not a party to a proceeding may be enforced against that person as if he or she were a party to the proceeding.

Remedy on non-compliance with mandatory order

(7) If a mandatory order or an order for the specific performance of a contract is not obeyed, the court, in addition to or instead of proceeding against the disobedient person for contempt, may direct that the act required to be done may be done so far as is practicable by the person who obtained the order, or by some other person appointed by the court, at the expense of the disobedient person, and on the act being done, the expenses incurred may be ascertained in such manner as the court may direct, and execution may issue for the amount so ascertained and costs.

Issue of execution on conditional order

(8) If an order is to the effect that a person is entitled to relief subject to or on compliance with a condition or the happening of a contingency, the person so entitled, after compliance with the condition or the happening of the contingency, and after demand is made on the person against whom he or she is entitled to relief, may apply to the court for leave to issue execution.

Order when right to relief has arisen

(9) The court, if satisfied that the right to relief referred to in subrule (8) has arisen, may

(a) order that execution issue, or

(b) direct that any issue or question necessary for the determination of the rights of the persons be tried.

Issue of execution on change of parties

(10) If a change has taken place, by death or otherwise, in the persons entitled or liable to execution, the person claiming to be entitled to execution may apply to the court for leave to issue execution, and the court may order

(a) that execution may issue, or

(b) that any issue or question necessary to determine the rights of the person be tried.

Production of order before execution

(11) A writ of execution must not issue without the production to the registry of a copy of the order on which the writ is to issue.

Endorsement of writ

(12) A writ of execution must be endorsed with the name and address of the lawyer or person causing it to be issued.

Issue of writ of sequestration, possession or delivery

(13) A writ of sequestration, a writ of possession or a writ of delivery must not be issued unless there has been filed proof satisfactory to a registrar that,

(a) in the case of an order, the order sought to be enforced

(i) has been served on the person against whom the order is sought to be enforced, and

(ii) has not been complied with, or

(b) in the case of a document, issued under an enactment, that on being filed in the court may be enforced as if it were an order of the court, the document

(i) has been filed in the court,

(ii) has, before or after being filed in the court, been served in accordance with the enactment or these Supreme Court Civil Rules on the person against whom the order is sought to be enforced, and

(iii) has not been complied with.

Issue of writ of execution if order to pay money within a period

(14) If the order sought to be enforced is for the payment of money within a specified period, a writ of execution must not be issued until the expiration of the period.

Issue of writ of execution

(15) Subject to these Supreme Court Civil Rules or an order of the court, a writ of execution may be issued by a registrar at any time during the lifetime of the order sought to be enforced.

When writ of execution is issued

(16) A writ of execution must be prepared by the person seeking to enforce the order or by the person's lawyer, must be sealed by a registrar and is, after that, deemed to be issued.

Copy of writ of execution must be left with registry

(17) The person seeking to enforce the order or the person's lawyer, on presenting a writ of execution for sealing, must provide a copy of the writ of execution to the registry.

Term of writ of execution

(18) A writ of execution, if unexecuted, remains in force for one year only, unless renewed.

Renewal of writ of execution

(19) At any time before the expiration of a writ of execution, or a renewed writ of execution, the writ of execution may, on the application of the party issuing the writ of execution, be renewed for a one year period beginning on the date of the renewal.

Hearing of writ of execution

(20) An application to renew a writ of execution may be heard by

(a) the court, or

(b) a registrar designated by the Chief Justice.

Writ of execution to be endorsed

(21) A renewed writ of execution must be endorsed, by the court or a registrar, with the date of the order granting renewal and the date of the renewal.

Enforcement costs

(22) Unless the court otherwise orders, a party who is entitled to enforce an order is entitled to the costs, fees and expenses of enforcement including proceedings under the Court Order Enforcement Act, this rule and Rules 13-3 and 13-4.

Registrar may fix amount

(23) Subject to subrule (24) of this rule, if these Supreme Court Civil Rules provide or some other enactment provides that enforcement costs may be included in the amount endorsed on any writ of execution, a registrar may fix the amount to be endorsed on the writ of execution.

Assessments and accounting

(24) If a judgment debtor alleges that he or she has satisfied an order for the payment of money or otherwise, whether or not the costs of enforcement and interest on those costs have been paid,

(a) either the judgment creditor or the judgment debtor may apply to have the costs of enforcement assessed before a registrar, and Rule 14-1 applies, or

(b) the judgment debtor may apply to the registrar for an accounting.

Registrar may certify on accounting

(25) On an accounting referred to in subrule (24) (b) of this rule, Rule 18-1 applies and a registrar may certify one or more of the following:

(a) the amount, if any, then due to the judgment creditor;

(b) the amount, if any, then due to the judgment debtor as a result of an overpayment;

(c) that the judgment has been paid.

Certificate of same effect as order

(26) A certificate under subrule (25) (c) of this rule has the same effect as if it were an order under subrule (30).

Separate writs for costs

(27) On an order granting relief and costs, there may be, at the election of the person entitled, either one writ of execution or separate writs of execution for the relief granted and for the recovery of the costs.

Judgment for recovery of property other than land

(28) If an order for the recovery of property other than land or money is to be enforced by writ of delivery, the court may, on the application of the judgment holder,

(a) order that execution issue for the delivery of the property without giving the other party the option of retaining the property on paying the assessed value, and

(b) if the property cannot be found, and unless the court otherwise orders, order that the sheriff take possession of all the other party's lands, goods and chattels

(i) until the other party delivers the property, or

(ii) at the option of the judgment holder, until the sheriff realizes from the other party's goods and chattels the assessed value of the property.

Acknowledgment of payment

(29) A debtor may require, as a condition of paying a money judgment, that the judgment creditor promptly execute, file and serve an acknowledgment of payment in Form 55.

Order that judgment has been paid

(30) If a judgment debtor claims to have paid the judgment but has not obtained an acknowledgment of payment from the judgment creditor, the debtor may apply to the court for an order certifying that the judgment has been paid.

Stay of execution

(31) The court may, at or after the time of making an order,

(a) stay the execution of the order until such time as it thinks fit, or

(b) provide that an order for the payment of money be payable by instalments.

Balance becomes payable if instalment not paid when due

(32) Unless the court in an order under subrule (31) (b) otherwise provides, if an instalment is not paid by the time fixed for payment, the balance of the money remaining unpaid under the order is, at that time, due and payable without notice being given to the judgment debtor.

Application for relief

(33) Without limiting subrule (31), a party against whom an order has been made may apply to the court for a stay of execution or other relief on grounds with respect to which the supporting facts arose too late for them to be pleaded, and the court may give relief it considers will further the object of these Supreme Court Civil Rules.

Application for directions

(34) A sheriff, judgment creditor or judgment debtor may apply to the court for directions under Rule 13-5 concerning the sale of any property taken in execution.

Enforcement of certificate

(35) If a certificate under Rule 14-1 (27) or 18-1 (2) has been filed, it may be enforced as if it were an order of the court.

[en. B.C. Reg. 119/2010, Sch. A, s. 28.]

Rule 13-3 — Subpoena to Debtor

Subpoena to debtor

(1) A creditor who has obtained an order of the court for the recovery or payment of money or costs or both may issue out of the registry a subpoena in Form 56 on filing an affidavit showing that the order is not satisfied and that no writ of execution issued by the creditor is outstanding against the debtor.

To whom subpoena must be directed

(2) A subpoena issued under subrule (1) must be directed,

(a) if the debtor is an individual, to the debtor,

(b) if the debtor is a corporation, to an officer or director of the debtor, or

(c) if the debtor is a partnership or firm, to a person liable to execution on an order against the debtor.

Service of subpoena

(3) A subpoena issued under subrule (1) must be served at least 7 days before the date of the examination under subrule (4), and with the subpoena must be tendered any expenses the person served would be entitled to were he or she required to attend the court as a witness.

Examination of debtor

(4) The examination referred to in a subpoena issued under subrule (1) must take place before an examiner and must be on oath as to the following matters:

(a) the income and property of the debtor;

(b) the debts owed to and by the debtor;

(c) the disposal the debtor has made of any property;

(d) the means the debtor has, or has had, or in future may have, of satisfying the order.

Examiner

(5) The examiner must be

(a) the court,

(b) a master, or

(c) a registrar designated as an examiner by the Chief Justice.

Examination

(6) At an examination under this rule, the creditor and the person subpoenaed may, with leave of the examiner, call witnesses who may be cross-examined.

Adjournment

(7) The examiner may adjourn an examination under this rule from time to time.

Debtor refusing to attend or respond

(8) If the person subpoenaed under subrule (1)

(a) does not attend as required at the examination under subrule (4) or an adjournment of it,

(b) refuses to be sworn or to affirm, or to answer one or more of the questions put to the person,

(c) after an order to that effect, refuses or neglects to produce or permit to be inspected any document or property, or

(d) does not give answers that are to the satisfaction of the examiner,

then

(e) if the examiner is a master or registrar,

(i) in the case of default under paragraph (a), the examiner must make a report in Form 57 and fix a time and place at which the creditor may attend before the court, and at that time and place the court may, at the request of the creditor and without notice to the person subpoenaed, order

(A) committal, or

(B) apprehension under Rule 22-8 (5), and

(ii) in the case of default under paragraph (b), (c) or (d) of this subrule, the examiner must make a report in Form 57 and fix a time and place for the person subpoenaed to attend before the court, and at that time and place the court may, at the request of the creditor and without further notice to the person subpoenaed, order

(A) committal, or

(B) apprehension under Rule 22-8 (5), or

(f) if the examiner is the court, the examiner may order committal.

Creditor failing to attend, etc.

(9) If the creditor who issued a subpoena under subrule (1) fails to attend at the examination under subrule (4), or if the examiner is of the opinion that the proceedings are unnecessary or vexatious, the examiner may order the creditor to pay to the person subpoenaed a sum of money by way of compensation and may order that sum to be paid promptly or to be set off against the debt.

Debtor unreasonably refusing to pay

(10) If it appears to the examiner that

(a) the debtor has, with intent to defraud the creditor, made or caused to be made any gift, delivery or transfer of property, or has removed or concealed property,

(b) the debtor has unreasonably neglected or refused to pay the debt in whole or in part or to pay any instalment ordered to be paid, or

(c) the debtor is a corporation and the person subpoenaed has done, authorized, permitted or acquiesced in an act or omission described in paragraph (a) or (b),

then

(d) if the examiner is a master or registrar, he or she may make a report of his or her findings and fix a time and place for the person subpoenaed to attend before the court, and at that time and place the creditor may apply without notice for committal, or

(e) if the examiner is the court, the examiner may order committal.

Order for payment

(11) At an examination under this rule, the examiner may make one or more of the following orders:

(a) for the payment of the debt by instalments;

(b) for the payment of the debt on or before a fixed date;

(c) varying or rescinding any previous order;

(d) for payment to be made to a registrar, to the creditor or to the creditor's lawyer;

(e) fixing the costs payable by the debtor without assessment,

and if the examiner is a master or registrar, the order has the effect of an order made by the court and must be entered accordingly.

Notice of application for committal

(12) If a debtor fails to pay in accordance with an order made under subrule (11) by an examiner, the creditor may file a notice of application for committal in Form 58 on filing an affidavit showing that the default has occurred, and subrules (2) and (3) apply.

Order for committal

(13) The court may order committal of a debtor if satisfied that

(a) the order to pay has not been obeyed,

(b) the person knew of the order, and

(c) the person has not shown good cause why an order of committal should not be made against him or her.

Costs payable by debtor

(14) The court may fix the costs payable by the debtor without assessment.

Form of order

(15) An order of committal must be in Form 59 and must commit the person named in it to prison for a term not exceeding 40 days.

Term of order

(16) An order of committal must not be enforced after the expiration of one year after the date the order was made.

Payment to sheriff

(17) A creditor seeking to enforce an order of committal must pay to the sheriff for the maintenance of the person committed the sum of $10 per day for each day of imprisonment by weekly payments of $70 in advance.

Maintenance money recoverable

(18) The maintenance money paid by a creditor under subrule (17) is a disbursement recoverable by the creditor from the debtor as costs of execution, without order.

Debtor to be brought before court

(19) Subject to subrule (21), a sheriff or peace officer executing an order of committal must promptly bring the person arrested before the court, and the person arrested may be examined by the court, and if the court considers that imprisonment is not appropriate, the court may stay execution of the order of committal and, in that event, must

(a) fix a time and place for a hearing to determine whether or not the order of committal should be set aside or varied, and

(b) give directions for notice of that hearing to be given to the creditor.

Application to set aside or vary order

(20) A person who is the subject of an order of committal may apply to the court to set aside or vary the order, and the court may order a stay of execution of the order pending the hearing of the application and give directions for service of notice of the hearing.

Payment of debt

(21) A person who is the subject of an order of committal may pay the amount payable endorsed on the order either to a registrar or to the sheriff, peace officer or warden in whose custody he or she is.

Receipt for payment

(22) On payment under subrule (21) to a registrar of the amount payable, the registrar must issue a receipt to that effect.

Release from custody

(23) On payment under subrule (21) to any of them of the amount payable or on being shown a registrar's receipt to that effect, a sheriff, peace officer or warden must release the person committed from custody and must endorse the order accordingly and return it to the registry.

Payment to creditor

(24) All money received under this rule must be paid promptly to the creditor.

Requisition for discharge

(25) A creditor who has obtained an order of committal may file in the registry a requisition in Form 17 requesting discharge of the person committed, and a registrar must endorse the requisition and a copy with the words "This is your authority to discharge ...................[name]............................... from custody" above the registrar's signature, and, on being shown the copy of the requisition, a sheriff, peace officer or warden must release the person committed from custody and must endorse the order accordingly and return it to the registry.

Failure to pay sheriff

(26) A sheriff who has not received maintenance money as provided in subrule (17) must,

(a) if the person committed is in the sheriff's custody, release the person committed, or

(b) if the person committed is in the warden's custody, must notify the warden, who must release the person committed,

and each must endorse the order accordingly and return it to the registry.

Liability imposed by order

(27) Imprisonment under these Supreme Court Civil Rules does not extinguish the liability imposed by an order.

Repealed

(28) Repealed. [B.C. Reg. 119/2010, Sch. A, s. 29.]

Rule 13-4 — Examinations in Aid of Execution

Definitions

(1) In this rule:

"judgment creditor" means a person entitled to enforce an order of the court, whether for payment of money or otherwise;

"judgment debtor" means a person against whom the order may be enforced.

Examination of judgment debtor

(2) If a judgment creditor is entitled to issue execution on or otherwise enforce an order of the court, the judgment creditor may examine the judgment debtor for discovery as to

(a) any matter pertinent to the enforcement of the order,

(b) the reason for nonpayment or nonperformance of the order,

(c) the income and property of the judgment debtor,

(d) the debts owed to and by the judgment debtor,

(e) the disposal the judgment debtor has made of any property either before or after the making of the order,

(f) the means the judgment debtor has, had or may have of satisfying the order, and

(g) whether the judgment debtor intends to obey the order or has any reason for not doing so.

Examination of corporate, partnership or firm judgment debtor

(3) An officer or director of a corporate judgment debtor, or a person liable to execution on the order in the case of a partnership or firm judgment debtor, may, without an order, be examined for discovery on the matters set out in subrule (2).

Limitation

(4) Unless the court otherwise orders, a person examined under subrule (2) or (3) must not be further examined in the same proceeding for a year.

Examination of person other than judgment debtor

(5) On being satisfied that any other person may have knowledge of the matters set out in subrule (2), the court may order that other person to be examined for discovery concerning the person's knowledge.

[am. B.C. Reg. 119/2010, Sch. A, s. 30.]

Order in certain cases

(6) If a difficulty arises in or about the execution or enforcement of an order, the court may make any order for the attendance and examination of a party or person it considers will further the object of these Supreme Court Civil Rules.

Application of examination for discovery rules

(7) Rule 7-2 (4), (5), (11), (12), (14), (17), (18), (22) to (28) applies to an examination under this rule.

[am. B.C. Reg. 95/2011, Sch. A, s. 6 (a).]

Use of examination

(8) Any part of an examination for discovery under this rule may be given in evidence in the same or any subsequent proceeding between the parties to the proceeding or between the judgment creditor and the person examined for discovery.

Costs

(9) Unless the court otherwise orders, the party conducting an examination under this rule is entitled to recover the costs of the examination from the judgment debtor.

Service of notice

(10) Before conducting an examination for discovery under this rule, the party wishing to conduct that examination must do the following:

(a) if the person to be examined is a party of record to, and has a lawyer in, the action, ensure that, at least 7 days before the examination,

(i) an appointment in Form 59.1 is served on that lawyer, and

(ii) witness fees in the amount required under Schedule 3 of Appendix C are tendered to that lawyer;

(b) in any other case, ensure that, at least 7 days before the examination,

(i) an appointment in Form 59.1 is served on the person to be examined, and

(ii) witness fees in the amount required under Schedule 3 of Appendix C are tendered to the person to be examined.

[en. B.C. Reg. 95/2011, Sch. A, s. 6 (b).]

Production of documents

(11) Unless the court otherwise orders, the person to be examined for discovery under this rule must produce for inspection on the examination all documents in his or her possession or control, not privileged, relating to the matters referred to in subrule (2).

[en. B.C. Reg. 95/2011, Sch. A, s. 6 (b).]

Rule 13-5 — Sales by the Court

Court may order sale

(1) If in a proceeding it appears necessary or expedient that property be sold, the court may order the sale and may order a person in possession of the property or in receipt of the rents, profits or income from it to join in the sale and transfer of the property and deliver up the possession or receipt to the purchaser or person designated by the court.

Sale in debenture holder's proceeding

(2) In a debenture holder's proceeding in which the debenture holder is entitled to a charge on any property, the court, if it is of the opinion that eventually there must be a sale of the property, may order the sale before or after judgment, whether or not all interested persons are ascertained or served.

Conduct of sale

(3) If an order is made directing property to be sold, the court may permit any person having the conduct of the sale to sell the property in the manner the person considers appropriate or as the court directs.

Directions for sale

(4) The court may give directions for the purpose of effecting a sale, including directions

(a) appointing the person who is to have conduct of the sale,

(b) fixing the manner of sale, whether by contract conditional on the approval of the court, private negotiation, public auction, sheriff's sale, tender or some other manner,

(c) fixing a reserve or minimum price,

(d) defining the rights of a person to bid, make offers or meet bids,

(e) requiring payment of the purchase price into court or to trustees or to other persons,

(f) settling the particulars or conditions of sale,

(g) obtaining evidence of the value of the property,

(h) fixing the remuneration to be paid to the person having conduct of the sale and any commission, costs or expenses resulting from the sale,

(i) that any conveyance or other document necessary to complete the sale be executed on behalf of any person by a person designated by the court, and

(j) authorizing a person to enter on any land or building.

Application for directions

(5) A person having conduct of a sale may apply to the court for further directions.

Certificate of sale

(6) The result of a sale by order of the court must be certified in Form 60 by the person having conduct of the sale and that certificate must be filed promptly after completion of the sale.

Vesting order

(7) The person having conduct of the sale may apply to the court for a vesting order in favour of a purchaser.

Part 14 — Costs

[Special rules apply to costs in fast track actions — see Rule 15-1 (15) to (17).]

Rule 14-1 — Costs

How costs assessed generally

(1) If costs are payable to a party under these Supreme Court Civil Rules or by order, those costs must be assessed as party and party costs in accordance with Appendix B unless any of the following circumstances exist:

(a) the parties consent to the amount of costs and file a certificate of costs setting out that amount;

(b) the court orders that

(i) the costs of the proceeding be assessed as special costs, or

(ii) the costs of an application, a step or any other matter in the proceeding be assessed as special costs in which event, subject to subrule (10), costs in relation to all other applications, steps and matters in the proceeding must be determined and assessed under this rule in accordance with this subrule;

(c) the court awards lump sum costs for the proceeding and fixes those costs under subrule (15) in an amount the court considers appropriate;

(d) the court awards lump sum costs in relation to an application, a step or any other matter in the proceeding and fixes those costs under subrule (15), in which event, subject to subrule (10), costs in relation to all other applications, steps and matters in the proceeding must be determined and assessed under this rule in accordance with this subrule;

(e) a notice of fast track action in Form 61 has been filed in relation to the action under Rule 15-1, in which event Rule 15-1 (15) to (17) applies;

(f) subject to subrule (10) of this rule,

(i) the only relief granted in the action is one or more of money, real property, a builder's lien and personal property and the plaintiff recovers a judgment in which the total value of the relief granted is $100 000 or less, exclusive of interest and costs, or

(ii) the trial of the action was completed within 3 days or less,

in which event, Rule 15-1 (15) to (17) applies to the action unless the court orders otherwise.

Assessment of party and party costs

(2) On an assessment of party and party costs under Appendix B, a registrar must

(a) allow those fees under Appendix B that were proper or reasonably necessary to conduct the proceeding, and

(b) consider Rule 1-3 and any case plan order.

Assessment of special costs

(3) On an assessment of special costs, a registrar must

(a) allow those fees that were proper or reasonably necessary to conduct the proceeding, and

(b) consider all of the circumstances, including the following:

(i) the complexity of the proceeding and the difficulty or the novelty of the issues involved;

(ii) the skill, specialized knowledge and responsibility required of the lawyer;

(iii) the amount involved in the proceeding;

(iv) the time reasonably spent in conducting the proceeding;

(v) the conduct of any party that tended to shorten, or to unnecessarily lengthen, the duration of the proceeding;

(vi) the importance of the proceeding to the party whose bill is being assessed, and the result obtained;

(vii) the benefit to the party whose bill is being assessed of the services rendered by the lawyer;

(viii) Rule 1-3 and any case plan order.

Assessment officer

(4) The officer before whom costs are assessed is a registrar.

Disbursements

(5) When assessing costs under subrule (2) or (3) of this rule, a registrar must

(a) determine which disbursements have been necessarily or properly incurred in the conduct of the proceeding, and

(b) allow a reasonable amount for those disbursements.

Repealed

(6) Repealed. [B.C. Reg. 44/2014, Sch. 2, s. 2.]

Directions

(7) If the court has made an order for costs,

(a) any party may, at any time before a registrar issues a certificate under subrule (27), apply for directions to the judge or master who made the order for costs,

(b) the judge or master may direct that any item of costs, including any item of disbursements, be allowed or disallowed, and

(c) the registrar is bound by any direction given by the judge or master.

Tax in respect of legal services and disbursements

(8) If tax is payable by a party in respect of legal services or disbursements, a registrar must, on an assessment under subrule (2) or (3), allow an additional amount to compensate for that tax as follows:

(a) if the tax is payable in respect of legal services, the additional amount to compensate for the tax must be determined by multiplying the percentage rate of the tax by,

(i) in the case of a judgment entered on default of response to civil claim, the costs allowed under Item 1 or 2, as the case may be, of Schedule 1 of Appendix B,

(ii) in the case of a writ of execution, a garnishing order, a subpoena to debtor in Form 56, a notice of application for committal in Form 58 or an order of committal in Form 59, the costs allowed under Item 1 or 2, as the case may be, of Schedule 2 of Appendix B, or

(iii) in any other case, the monetary value of the units assessed;

(b) if the tax is payable in respect of disbursements, the additional amount to compensate for the tax must be determined by multiplying the percentage rate of the tax by the monetary value of the disbursements as assessed.

Costs to follow event

(9) Subject to subrule (12), costs of a proceeding must be awarded to the successful party unless the court otherwise orders.

Costs in cases within small claims jurisdiction

(10) A plaintiff who recovers a sum within the jurisdiction of the Provincial Court under the Small Claims Act is not entitled to costs, other than disbursements, unless the court finds that there was sufficient reason for bringing the proceeding in the Supreme Court and so orders.

Costs where party represented by an employee

(11) A party is not disentitled to costs merely because the party's lawyer is an employee of the party.

Costs of applications

(12) Unless the court hearing an application otherwise orders,

(a) if the application is granted, the party who brought the application is entitled to costs of the application if that party is awarded costs at trial or at the hearing of the petition, but the party opposing the application, if any, is not entitled to costs even though that party is awarded costs at trial or at the hearing of the petition, and

(b) if the application is refused, the party who brought the application is not entitled to costs of the application even though that party is awarded costs at trial or at the hearing of the petition, but the party opposing the application, if any, is entitled to costs if that party is awarded costs at trial or at the hearing of the petition.

When costs payable

(13) If an entitlement to costs arises during a proceeding, whether as a result of an order or otherwise, those costs are payable on the conclusion of the proceeding unless the court otherwise orders.

Costs arising from improper act or omission

(14) If anything is done or omitted improperly or unnecessarily, by or on behalf of a party, the court or a registrar may order

(a) that any costs arising from or associated with any matter related to the act or omission not be allowed to the party, or

(b) that the party pay the costs incurred by any other party by reason of the act or omission.

Costs of whole or part of proceeding

(15) The court may award costs

(a) of a proceeding,

(b) that relate to some particular application, step or matter in or related to the proceeding, or

(c) except so far as they relate to some particular application, step or matter in or related to the proceeding

and in awarding those costs the court may fix the amount of costs, including the amount of disbursements.

Costs payable from estate or property

(16) If it is ordered that any costs are to be paid out of an estate or property, the court may direct out of what portion of the estate or property the costs are to be paid.

Set-off of costs

(17) If a party entitled to receive costs is liable to pay costs to another party, a registrar may assess the costs the party is liable to pay and may adjust them by way of deduction or set-off or may delay the allowance of the costs the party is entitled to receive until the party has paid or tendered the costs the party is liable to pay.

Costs of one defendant payable by another

(18) If the costs of one defendant against a plaintiff ought to be paid by another defendant, the court may order payment to be made by one defendant to the other directly, or may order the plaintiff to pay the costs of the successful defendant and allow the plaintiff to include those costs as a disbursement in the costs payable to the plaintiff by the unsuccessful defendant.

Unnecessary expense after judgment

(19) If after pronouncement of judgment a party puts another party to unnecessary proceedings or expense, a registrar may award costs as the registrar considers appropriate against the offending party.

Form of bill of costs

(20) A bill of costs must be in Form 62 or, if the bill of costs pertains to a judgment under Rule 3-8, Form 63.

Appointment to review a bill, examine an agreement or assess costs

(21) Except as provided in subrule (26), a person who seeks a review of a bill or an examination of an agreement under the Legal Profession Act or who seeks to have costs assessed must

(a) obtain a date for an appointment before a registrar,

(b) file an appointment in Form 49 to which is attached

(i) the bill to be reviewed,

(ii) the agreement to be examined, or

(iii) the bill of costs to be assessed, and

(c) at least 5 days before the date of the appointment, serve a copy of the filed Form 49 appointment and any affidavit in support,

(i) in the case of a bill to be reviewed, on the lawyer whose bill is to be reviewed, on the person who is charged with the bill or on the person who has agreed to indemnify the person charged, as the case may be,

(ii) in the case of an agreement to be examined, on the lawyer who is a party to the agreement to be examined, or

(iii) in the case of a bill of costs to be assessed, in accordance with subrule (25).

Place for review or examination

(22) An appointment for review of a bill, examination of an agreement or assessment of costs must be taken out,

(a) in the case of a bill to be reviewed or an agreement to be examined,

(i) if the bill or agreement relates to a court proceeding, at the registry at which the proceeding is being conducted, or

(ii) if the bill or agreement does not relate to a court proceeding, at the registry nearest to the place of business of the lawyer concerned,

(b) in the case of a bill of costs to be assessed, at the registry at which the proceeding is being conducted, or

(c) at any other registry to which the parties to the appointment may agree.

Further particulars

(23) A registrar may order further particulars or details of

(a) a bill under review,

(b) an agreement under examination, or

(c) a bill of costs being assessed.

Assessment of sheriff's fees

(24) If a sheriff who has charged fees for services set out in Schedule 2 of Appendix C or a person affected by those fees wishes to have those fees assessed, the person seeking the assessment must

(a) obtain an appointment from a registrar in Form 49 and attach to that appointment a copy of the bill to be assessed, if available, and

(b) at least 5 days before the assessment, serve a copy of the filed appointment and any filed affidavit in support on all persons affected by the fees.

Service of appointment

(25) A person seeking an assessment of costs must serve an appointment in Form 49, to which is attached the bill of costs, and any affidavit in support on

(a) the person against whom costs are to be assessed, and

(b) every other person whose interest, whether in a fund or estate or otherwise, may be affected.

Costs on default judgment

(26) On signing a default judgment, a registrar may, without an appointment, fix the costs to which the plaintiff is entitled against the defendant in default, and set out the amount allowed in

(a) the judgment, or

(b) a separate certificate.

Certificate of costs

(27) On the conclusion of an assessment of costs, or if the party charged has consented to the amount, a registrar must, either by endorsing the original bill or by issuing a certificate of costs in Form 64, certify the amount of costs awarded, and the party assessing costs must file the certificate.

Certificate of fees

(28) On the conclusion of a review of a bill under the Legal Profession Act, or if the parties to the review have consented to the amount due under the bill, a registrar must, by issuing a certificate of fees in Form 65, certify the amount due, and either party to the review may file the certificate.

Review of an assessment

(29) A party who is dissatisfied with a decision of a registrar on an assessment of costs may, within 14 days after the registrar has certified the costs, apply to the court for a review of the assessment.

Form of bill in certain cases

(30) A bill for special costs or a bill under the Legal Profession Act may be rendered on a lump sum basis.

Description of services

(31) A lump sum bill must contain a description of the nature of the services and of the matter involved as would, in the opinion of a registrar, afford any lawyer sufficient information to advise a client on the reasonableness of the charge made.

Evidence of lawyer

(32) A party to an assessment of costs or a review of a lump sum bill may put in evidence the opinion of a lawyer as to the nature and importance of the services rendered and of the matter involved and the reasonableness of the charges made, but a party must not put in evidence the opinions of more than 2 lawyers, and a lawyer giving an opinion may be required to attend for examination and cross-examination.

Disallowance of fees and costs

(33) If the court considers that a party's lawyer has caused costs to be incurred without reasonable cause, or has caused costs to be wasted through delay, neglect or some other fault, the court may do any one or more of the following:

(a) disallow any fees and disbursements between the lawyer and the lawyer's client or, if those fees or disbursements have been paid, order that the lawyer repay some or all of them to the client;

(b) order that the lawyer indemnify his or her client for all or part of any costs that the client has been ordered to pay to another party;

(c) order that the lawyer be personally liable for all or part of any costs that his or her client has been ordered to pay to another party;

(d) make any other order that the court considers will further the object of these Supreme Court Civil Rules.

Costs may be ordered without assessment

(34) If the court makes an order under subrule (33), the court may

(a) direct a registrar to conduct an inquiry and file a report with recommendations as to the amount of costs, or

(b) subject to subrule (37), fix the costs with or without reference to the tariff in Appendix B.

Notice

(35) An order against a lawyer under subrule (33) or (34) must not be made unless the lawyer is present or has been given notice.

Order to be served

(36) A lawyer against whom an order under subrule (33) or (34) has been made must promptly serve a copy of the entered order on his or her client.

Limitation

(37) An order by the court under subrule (34) (b) in respect of the costs of an application must not exceed $1 000.

Refusal or neglect to procure assessment

(38) If a party entitled to costs fails to assess costs and prejudices another party by failing to do so, a registrar may certify the costs of the other party and certify the failure and disallow all costs of the party in default.

Referrals

(39) Unless the court otherwise orders, fees to lawyers, accountants, engineers, actuaries, valuators, merchants and other scientific persons to whom any matter or question is referred by the court must be determined by a registrar, subject to an appeal to the court.

Part 15 — Fast Track Litigation Proceedings

Rule 15-1 — Fast Track Litigation

When rule applies

(1) Subject to subrule (4) and unless the court otherwise orders, this rule applies to an action if

(a) the only claims in the action are for one or more of money, real property, a builder's lien and personal property and the total of the following amounts is $100 000 or less, exclusive of interest and costs:

(i) the amount of any money claimed in the action by the plaintiff for pecuniary loss;

(ii) the amount of any money to be claimed in the action by the plaintiff for non-pecuniary loss;

(iii) the fair market value, as at the date the action is commenced, of

(A) all real property and all interests in real property, and

(B) all personal property and all interests in personal property

claimed in the action by the plaintiff,

(b) the trial of the action can be completed within 3 days,

(c) the parties to the action consent, or

(d) the court, on its own motion or on the application of any party, so orders.

Subsequent filings

(2) If this rule applies to an action,

(a) any party may file a notice of fast track action in Form 61,

(a.1) the filing party must serve a copy of the filed notice of fast track action on each of the other parties of record, and

(b) the words "Subject to Rule 15-1" must be added to the style of proceeding, immediately below the listed parties, for all documents filed after the notice of fast track action is filed under paragraph (a) or the court order is made under subrule (1) (d), as the case may be.

[am. B.C. Reg. 119/2010, Sch. A, s. 31.]

Damages not limited

(3) Nothing in this rule prevents a court from awarding damages to a plaintiff in a fast track action for an amount in excess of $100 000.

Rule does not apply to class proceedings

(4) This rule does not apply to a class proceeding within the meaning of the Class Proceedings Act.

Conflict

(5) These Supreme Court Civil Rules apply to a fast track action but in the event of a conflict between this rule and another rule, this rule applies.

When rule ceases to apply

(6) This rule ceases to apply to a fast track action if the court, on its own motion or on the application of any party, so orders.

Case planning conference required

(7) Subject to subrule (8), a party to a fast track action must not serve on another party a notice of application or an affidavit in support of an application unless a case planning conference or a trial management conference has been conducted in relation to the action.

Exception

(8) Subrule (7) does not apply to an application made

(a) for an order under subrule (6) that this rule cease to apply to the action,

(b) to obtain leave to bring an application referred to in subrule (9),

(c) under Rule 9-5, 9-6 or 9-7,

(d) to add, remove or substitute a party, or

(e) by consent.

Court may relieve

(9) On application by a party, a judge or master may relieve a party from the requirements of subrule (7) if

(a) it is impracticable or unfair to require the party to comply with the requirements of subrule (7), or

(b) the application referred to in subrule (7) is urgent.

Trial to be without jury

(10) A trial of a fast track action must be heard by the court without a jury.

Oral discovery

(11) Unless the court otherwise orders, in a fast track action the examinations for discovery of a party of record, including any person referred to in Rule 7-2 (1) (b) who is examined in relation to that party of record, by all parties of record who are adverse in interest must not, in total, exceed in duration

(a) 2 hours, or

(b) any greater period to which the person to be examined consents.

When discoveries must be completed

(12) Unless the court otherwise orders or the parties to the examination consent, all examinations for discovery in a fast track action must be completed at least 14 days before the scheduled trial date.

Repealed

(12.1) Repealed. [B.C. Reg. 207/2020, s. 4.]

Setting of trial date

(13) If a party to a fast track action applies for a trial date within 4 months after the date on which this rule becomes applicable to the action, the registrar must set a date for the trial that is not later than 4 months after the application for the trial date.

If trial will require more than 3 days

(14) If, as a result of the trial management conference in a fast track action, the trial management conference judge or master considers that the trial will likely require more than 3 days, the trial management conference judge or master

(a) may adjourn the trial to a date to be fixed as if the action were not subject to this rule, and

(b) is not seized of the action.

[am. B.C. Reg. 58/2012, Sch. A, s. 2.]

Costs

(15) Unless the court otherwise orders or the parties consent, and subject to Rule 14-1 (10), the amount of costs, exclusive of disbursements, to which a party to a fast track action is entitled is as follows:

(a) if the time spent on the hearing of the trial is one day or less, $8 000;

(b) if the time spent on the hearing of the trial is 2 days or less but more than one day, $9 500;

(c) if the time spent on the hearing of the trial is more than 2 days, $11 000.

Settlement offers

(16) In exercising its discretion under subrule (15), the court may consider an offer to settle as defined in Rule 9-1.

Taxes to be added to costs

(17) If tax is payable by a party to a fast track action in respect of legal services, an additional amount to compensate for that tax must be added to the costs to which the party is entitled under subrule (15), which additional amount must be determined by multiplying the amount of costs to which the party is entitled under subrule (15) by the percentage rate of the tax.

Part 16 — Petition Proceedings

Rule 16-1 — Petitions

Definitions

(1) In this rule, "petition respondent" means a person who files a response to petition under subrule (4).

Petitions

(2) A person wishing to bring a proceeding referred to in Rule 2-1 (2) by filing a petition must file a petition in Form 66 and each affidavit in support.

Service

(3) Unless these Supreme Court Civil Rules otherwise provide or the court otherwise orders, a copy of the filed petition and of each filed affidavit in support must be served by personal service on all persons whose interests may be affected by the order sought.

Response to petition

(4) A person who has been served with a copy of a filed petition under subrule (3) of this rule must, if the person wishes to receive notice of the time and date of the hearing of the petition, do the following:

(a) file a response to petition in accordance with subrule (5);

(b) file, with the response to petition, all affidavits that have not already been filed and on which the person intends to rely at the hearing of the petition;

(c) unless the court otherwise orders, serve on the petitioner 2 copies and on every other party of record one copy of each document filed under paragraph (a) or (b) as follows:

(i) if the petition respondent was served with the petition anywhere in Canada, within 21 days after that service;

(ii) if the petition respondent was served with the petition anywhere in the United States of America, within 35 days after that service;

(iii) if the petition respondent was served with the petition anywhere else, within 49 days after that service.

[am. B.C. Reg. 95/2011, Sch. A, s. 7 (a).]

Contents of response to petition

(5) A response to petition must be in Form 67 and must

(a) indicate, for each order sought, whether the petition respondent consents to, opposes or takes no position on the order, and

(b) if the petition respondent wishes to oppose any of the relief sought in the petition,

(i) briefly summarize the factual and legal bases on which the orders sought should not be granted,

(ii) list the affidavits and other documents on which the petition respondent intends to rely at the hearing of the petition, and

(iii) set out the petition respondent's estimate of the time the petition will take for hearing.

Petitioner may respond

(6) A petitioner may file affidavits in response to any document served on the petitioner under subrule (4) (c) and, in that event, must serve copies of those filed responding affidavits on each petition respondent no later than the date on which the notice of hearing is served on that petition respondent under subrule (8) (b).

No additional affidavits

(7) Unless all parties of record consent or the court otherwise orders, a party must not serve any affidavits additional to those served under subrules (3), (4) and (6).

Setting application for hearing

(8) A petitioner wishing to set a petition down for hearing must,

(a) in the case of a petition to which no response to petition has been served under subrule (4) (c), file a notice of hearing in Form 68 at any time before the hearing of the petition, or

(b) in the case of a petition to which a response to petition has been filed and served under subrule (4) (c), file a notice of hearing in Form 68, and serve a copy of the filed notice of hearing on each petition respondent, at least 7 days before the date set for the hearing of the petition.

Date and time of hearing

(9) The hearing of a petition must be set for 9:45 a.m. on a date on which the court hears petitions or at such other time or date as has been fixed by the court or a registrar.

Date and time if hearing time more than 2 hours

(10) If the estimate, set out in the petition, of the time that the hearing of the petition will take is more than 2 hours, the date and time of hearing must be fixed by a registrar.

[am. B.C. Reg. 119/2010, Sch. A, s. 32 (a).]

Petition record

(11) Subject to subrule (13), the petitioner must provide to the registry where the hearing is to take place, no later than 4 p.m. on the day that is one full day before the date set for the hearing, a petition record as follows:

(a) the petition record must be in a ring binder or in some other form of secure binding;

(b) the petition record must contain, in consecutively numbered pages, or separated by tabs, the following documents in the following order:

(i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the petitioner and the petition respondents;

(ii) an index;

(iii) a copy of the filed petition;

(iv) a copy of each filed response to petition;

(v) a copy of each filed affidavit that is to be referred to at the hearing;

(c) the petition record may contain

(i) a draft of the proposed order,

(ii) a written argument,

(iii) a list of authorities, and

(iv) a draft bill of costs;

(d) the petition record must not contain

(i) affidavits of service,

(ii) copies of authorities, including case law, legislation, legal articles or excerpts from text books, or

(iii) any other documents unless they are included with the consent of all the parties.

[am. B.C. Reg. 119/2010, Sch. A, s. 32 (b) and (c).]

Service of petition record

(12) The petitioner must serve a copy of the petition record index on each petition respondent no later than 4 p.m. on the day that is one full day before the date set for the hearing.

[am. B.C. Reg. 119/2010, Sch. A, s. 32 (d).]

If petition respondent's application is to be heard at the hearing

(13) If a petition respondent intends to set an application for hearing at the same time as the hearing of the petition, the parties must, so far as is possible, prepare and file a joint petition record and agree to a date for the hearing of both applications.

Petition record to be returned

(14) Unless the court otherwise orders, the applicant must retrieve the petition record

(a) at the conclusion of the hearing, or

(b) if the hearing of the petition is adjourned to a date later than the following court day, after the hearing is adjourned.

[am. B.C. Reg. 119/2010, Sch. A, s. 32 (e).]

Petition record to be returned to registry

(15) If the petition record has been retrieved by the petitioner under subrule (14) (b), the petitioner must return the petition record to the registry between 9:00 a.m. on the second court day before, and 4 p.m. on the day that is one full day before, the new date set for the hearing of the petition.

[am. B.C. Reg. 119/2010, Sch. A, s. 18.]

Provision of amended petition record

(16) If any additional affidavits are filed and served under subrule (7), the petitioner must provide to the registry an amended petition record containing those affidavits.

Resetting adjourned hearings

(16.1) To reset the hearing of a petition that has been adjourned without a date being set for it to be heard ("adjourned generally"), the petitioner must

(a) file a requisition in Form 17 setting out the date and time of the hearing, and

(b) serve a copy of the filed requisition on the petition respondents at least 2 days before the date set for the hearing.

[en. B.C. Reg. 119/2010, Sch. A, s. 32 (f).]

Petition respondent may apply for directions

(17) If the petitioner does not

(a) set the petition for hearing within a reasonable time after being requested to do so by a petition respondent, or

(b) after the hearing of the petition has been adjourned generally, reset the petition for hearing within a reasonable time after being requested to do so by a petition respondent,

a petition respondent may apply, by requisition in Form 17 on 2 days' notice, for directions.

[en. B.C. Reg. 95/2011, Sch. A, s. 7 (b).]

Powers of court

(18) Without limiting the court's right under Rule 22-1 (7) (d) to transfer the proceeding referred to in this rule to the trial list, the court may, whether or not on the application of a party, apply any other of these Supreme Court Civil Rules to a proceeding referred to in this rule.

Amendment of petition or response to petition

(19) A party may amend a petition or response to petition filed by the party

(a) at any time with leave of the court, and

(b) subject to Rules 6-2 (7) and (10) and 7-7 (5),

(i) once without leave of the court, at any time before service of the notice of hearing, and

(ii) at any time with the written consent of all the parties,

and for that purpose Rule 6-1 (2) to (7) applies.

[am. B.C. Reg. 119/2010, Sch. A, s. 10.]

Renewal of original petition

(20) An original petition does not remain in force for more than 12 months, but if a respondent named in a petition has not been served, the court, on the application of the petitioner made before or after the expiration of the 12 months, may order that the original petition be renewed for a period of not more than 12 months.

Further renewal of petition

(21) If a renewed petition has not been served on a respondent named in the petition, the court, on the application of the petitioner made during the currency of the renewed petition, may order the renewal of the petition for a further period of not more than 12 months.

When renewal period begins

(22) Unless the court otherwise orders, a renewal period ordered under subrule (20) or (21) begins on the date of the order.

After renewal of petition

(23) Unless the court otherwise orders, a copy of each entered order granting renewal of a petition must be served with the renewed petition, and the renewed petition remains in force and is available to prevent the operation of any statutory limitation and for all other purposes.

Part 17 — Requisition Proceedings

Rule 17-1 — Requisitions

Proceedings to which this rule applies

(1) A proceeding referred to in Rule 2-1 (2) may be brought under this rule if

(a) all persons affected by the orders sought within the proceeding consent, or

(b) the proceeding is one of which notice need not be given.

Filings required

(2) A proceeding referred to in subrule (1) may be brought by filing

(a) a requisition in Form 31,

(b) a draft of the proposed order

(i) if the order is by consent, in Form 34, or

(ii) in any other case, in Form 35,

(c) in the case of a proceeding referred to in subrule (1) (a),

(i) evidence that the order sought is consented to, and

(ii) any consent or comments of the Public Guardian and Trustee required under section 40 of the Infants Act, and

(d) in the case of a proceeding referred to in subrule (1) (b), evidence in support of the order sought.

If proceeding is by consent

(3) On being satisfied that a proceeding referred to in subrule (1) (a) is consented to and that the materials appropriate for the order sought have been filed in accordance with subrule (2), a registrar may,

(a) if the registrar is satisfied that none of the parties applying for or consenting to the order sought is under a legal disability or that, if a party is under a legal disability, section 40 (7) of the Infants Act applies,

(i) enter the order, or

(ii) refer the documents filed under subrule (2) to a judge or, if the order sought is within the jurisdiction of a master, to a judge or master, or

(b) in any other case, refer the documents filed under subrule (2) to a judge, or, if the order sought is within the jurisdiction of a master, to a judge or master.

If no notice is required

(4) On being satisfied that the documents appropriate for a proceeding referred to in subrule (1) (b) have been filed in accordance with subrule (2), a registrar may refer those documents to a judge, or, if the order sought is within the jurisdiction of a master, to a judge or master.

Disposition of referred documents

(5) If documents filed under subrule (2) are referred by a registrar to a judge or master under subrule (3) or (4), the judge or master to whom the documents are referred may

(a) make the order sought, or

(b) give directions respecting the proceeding.

Part 18 — Other Court Proceedings

Rule 18-1 — Inquiries, Assessments and Accounts

Direction for inquiries, assessments or accounts

(1) At any stage of a proceeding, the court may direct that an inquiry, assessment or accounting be held by a master, registrar or special referee.

Certificate as to result

(2) The court may direct that the result of an inquiry, assessment or accounting be certified by the master, registrar or special referee and, in that event, the certificate, if filed under subrule (9), is binding on the parties to the proceeding.

Report and recommendation

(3) If the court does not direct that the result of an inquiry, assessment or accounting be certified, the result of the inquiry, assessment or accounting must be stated in the form of a report and recommendation to the court.

Application to vary or confirm recommendation

(4) On application by a party, the court may

(a) vary or confirm the recommendation contained in the report and recommendation referred to in subrule (3),

(b) remit the inquiry, assessment or accounting with directions, or

(c) order that the subject matter of the inquiry, assessment or accounting be determined as directed by the court.

Time and place of hearing

(5) A master, registrar or special referee may hold a hearing in relation to an inquiry, assessment or accounting and, in that event, may

(a) hold the hearing at a convenient time and place,

(b) adjourn the hearing from time to time, and

(c) administer oaths, take evidence, direct production of documents and give general directions for the conduct of the hearing.

Appointment

(6) If a party wishes to proceed with an inquiry, assessment or accounting directed by the court under subrule (1), the party must

(a) take out an appointment in Form 49, and

(b) serve notice of the appointment on all parties of record or as directed by the court.

Witnesses

(7) A party of record to a proceeding in which an inquiry, assessment or accounting is held may subpoena any person, including a party, to give evidence at the hearing of the inquiry, assessment or accounting and to produce documents.

Certificate or recommendation to be filed and served

(8) A master, registrar or special referee must state the result of an inquiry, assessment or accounting in the form of a certificate or a report and recommendation as directed under subrule (2) or (3) respectively, with or without reasons, and must

(a) provide the certificate to the party requesting the certificate, or

(b) file the report and recommendation and provide a copy to all persons who appeared at the hearing.

Party may file certificate

(9) A party to whom a certificate is provided under subrule (8) (a) may file that certificate.

Opinion of the court

(10) Before the master, registrar or special referee has concluded a hearing of an inquiry, assessment or accounting, he or she may, in a summary or other manner, ask the opinion of the court on any matter arising in the hearing.

Accounts of executor, trustee, etc.

(11) A person may apply by petition for the furnishing of accounts by the executor or administrator of an estate, a trustee, a receiver, a liquidator, a guardian or a partner.

Special directions

(12) The court may give special directions as to the manner in which an inquiry, assessment or accounting is to be taken or made, and the directions may include

(a) the manner in which the inquiry, assessment or accounting is to be prosecuted,

(b) the evidence to be tendered in support,

(c) the parties required to attend all or any part of the proceedings,

(d) the time within which each proceeding is to be taken, and

(e) a direction that persons whose interest can be classified constitute a class and are to be represented by the same lawyer,

and the court may fix a time for the further attendance of the parties.

Court may appoint lawyer

(13) If the court makes a direction under subrule (12) (e) and the persons cannot agree on the lawyer to represent them, the court may appoint the lawyer to represent them.

Varying directions

(14) The court may vary or rescind a direction given under subrule (12).

Account to be verified by affidavit

(15) If an accounting is directed to be held, unless the court otherwise orders, the party required to account must make out that party's account and verify it by an affidavit to which the account must be exhibited.

Form of account

(16) If an account is made out under subrule (15), the items on each side of the account must be numbered consecutively, and the party required to account must file the affidavit and the account referred to in that subrule and serve copies of those filed documents on all parties of record.

Particulars of errors in account

(17) A party who alleges that there are errors or omissions in an account must file and serve on all parties of record a notice of those errors with brief particulars.

Notice of order

(18) If the court makes an order directing that an inquiry, assessment or accounting be held in a proceeding relating to

(a) the administration of the estate of a deceased person,

(b) the execution of a trust, or

(c) the sale of any property,

the court may direct that notice of the order in Form 69 be served on any person interested

(d) in the estate,

(e) under the trust, or

(f) in the property.

Person bound as if party

(19) Any person served with notice of an order in accordance with subrule (18) is, subject to subrule (21), bound by the order to the same extent as the person would have been if the person had originally been made a party to the action.

Dispensing with service

(20) In any case in which it appears that it is impracticable for any reason to serve a person with a notice of order under subrule (18),

(a) the court may dispense with service on the person,

(b) the court may order that that person be bound by any order made to the same extent as if the person had been served with notice of the order, and

(c) the person referred to in an order under paragraph (b) is bound by the order to the same extent as if the person had been served with notice of the order unless the order was obtained by fraud or non-disclosure of material facts.

Person may apply to vary or rescind

(21) Within 28 days after service of a notice of order under subrule (18) on a person, the person may, without becoming a party of record to the proceeding, apply to the court to vary or rescind the order.

Person may file a notice of interest

(22) A person served with a notice of order under subrule (18) may, after filing a notice of interest in Form 70, take part in the proceeding.

Rule 18-2 — Stated Cases

Definitions

(1) In this rule:

"applicant" means the person identified as the applicant under subrule (4) (a);

"authorizing enactment", in relation to a stated case, means the enactment under which the stated case is referred to the court;

"deliver" means

(a) mail or deliver to the recipient's address for service,

(b) if the recipient is the original tribunal, mail or deliver to the address for that entity, or

(c) if the recipient is a person, other than the original tribunal, for whom an address for service has not been given, mail or deliver to the address for that person included in the latest materials filed by that person with, or submitted by that person to, the original tribunal in relation to the original proceeding;

"original proceeding", in relation to a stated case, means the tribunal proceeding from which the stated case is brought;

"original tribunal", in relation to a stated case, means the entity by which the original proceeding is heard;

"person" has the same meaning as in the Interpretation Act, and includes an entity by which a tribunal proceeding is heard;

"respondent" means a person identified as a respondent under subrule (4) (b);

"stated case" means a reference to the court of a question that arises in or as a result of a tribunal proceeding, if an enactment provides that that reference be made by way of stated case, and includes a question of law submitted to the court under section 34 of the Commercial Arbitration Act;

"tribunal proceeding" means any judicial or quasi-judicial proceeding conducted by an entity other than the court.

Application

(2) A stated case is governed by these Supreme Court Civil Rules but, in the event of a conflict between this rule and

(a) the authorizing enactment, the authorizing enactment prevails, and

(b) another rule, this rule prevails.

Material to be filed

(3) To start a stated case, the original tribunal must file in a registry

(a) a notice of stated case in Form 71, and

(b) any material that, under the authorizing enactment, is required to start a stated case.

Identification of parties and others

(4) A notice of stated case must

(a) identify as the applicant the person requesting the stated case,

(b) identify as respondents all other parties to the original proceeding, including the original tribunal if that entity is not the applicant, and

(c) set out the names of

(i) any persons who are identified in, or identified in the manner provided for under, the authorizing enactment or the Constitutional Question Act as being persons to whom notice of the stated case must be provided,

(ii) any intervenor in the original proceeding, and

(iii) any other person to whom the original tribunal considers the notice of stated case should be delivered.

Contents

(5) In addition to including the information required by subrule (4), a notice of stated case must set out the following:

(a) a statement of the relevant facts and evidence;

(b) the questions to be determined by the court;

(c) the applicant's address for service, the most recent address provided to the original tribunal by each of the respondents and the most recent address known to the original tribunal for each of the persons referred to in subrule (4) (c).

Delivery of notice of stated case

(6) After a notice of stated case and any material required under subrule (3) (b) is filed under subrule (3),

(a) the original tribunal, if not the applicant, must deliver a copy of the filed notice of stated case and material to the applicant, and

(b) the applicant must deliver a copy of the filed notice of stated case and material to

(i) the respondents, and

(ii) all other persons named in the notice of stated case under subrule (4) (c).

Powers of court

(7) The court may

(a) give directions for the proper hearing and determination of the stated case,

(b) without limiting paragraph (a), make one or more of the following orders:

(i) that documents, including transcripts and minutes, or other things be produced;

(ii) that evidence be tendered by way of affidavit, or that it be given orally;

(iii) that sets time limits for taking steps in, and for the hearing of, the stated case;

(iv) that the stated case be disposed of summarily, and

(c) exercise any of the powers of the court exercisable in a petition proceeding.

Requirement for notice of interest

(8) The original tribunal, if it is not the applicant, and any person who has received a notice of stated case under subrule (6), must, if that tribunal or person wishes to be heard on the hearing of the stated case, file a notice of interest in Form 70.

Notice of hearing of stated case

(9) The applicant or a respondent must, if that person wishes to proceed with the stated case, set it for hearing by

(a) filing a notice of hearing of stated case in Form 72, and

(b) delivering a copy of the filed notice of hearing of stated case, at least 14 days before the date set for hearing, to

(i) each other party of record, and

(ii) the original tribunal, unless that entity filed or received a copy under this subrule.

Rule 18-3 — Appeals

Application

(1) If an appeal or an application in the nature of an appeal from a decision, direction or order of any person or body, including the Provincial Court, is authorized by an enactment to be made to the court or to a judge, the appeal is governed by this rule to the extent that this rule is not inconsistent with any procedure provided for in the enactment.

Form

(2) An appeal is to be started by filing in a registry a notice of appeal in Form 73 or 74.

Directions

(3) A notice of appeal must include

(a) the standard set of directions, in the form directed by the Chief Justice, governing the conduct of the appeal, or

(b) an application for directions as to the conduct of the appeal.

Conduct of appeal

(4) If the notice of appeal includes a standard set of directions under subrule (3) (a), the appeal must be conducted in accordance with those directions unless the court otherwise orders.

Application for directions

(5) Unless the court otherwise orders, an application for directions under subrule (3) (b) must be set for hearing on a date that is at least 7 days after the date on which the notice of appeal is served in accordance with subrule (6).

Service of notice of appeal

(6) Unless the court otherwise orders, a notice of appeal must be served on

(a) the person or body that gave the decision or direction, or made the order, being appealed, and

(b) all other persons who may be affected by the order sought.

Powers of court

(7) The court may give directions for the proper hearing and determination of an appeal and, without limiting this, may make an order

(a) that documents, transcripts or minutes be produced,

(b) that evidence be tendered by way of affidavit, or that it be given orally,

(c) that the appeal be determined by way of stated case or argument on a point of law,

(d) prescribing time limits for taking steps in and for the hearing of the appeal, or

(e) that the appeal be disposed of summarily,

and may exercise any of the powers of the court exercisable in a petition proceeding.

Filing notice of interest

(8) A person who intends to oppose an appeal must,

(a) file a notice of interest in Form 70 within the following period:

(i) if the person was served with the notice of appeal anywhere in Canada, within 14 days after that service;

(ii) if the person was served with the notice of appeal anywhere in the United States of America, within 28 days after that service;

(iii) if the person was served with the notice of appeal anywhere else, within 42 days after that service, and

(b) promptly after filing the notice of interest, serve a copy of the filed notice of interest on the appellant.

[am. B.C. Reg. 95/2011, Sch. A, s. 8.]

Notice of hearing of appeal

(9) After obtaining from a registrar a date for the hearing of the appeal, the appellant must, if the appellant wishes to proceed with the appeal, set the appeal for hearing on that date by

(a) filing a notice of hearing of appeal in Form 75, and

(b) serving a copy of the filed notice of hearing of appeal on all parties of record.

Notice of abandonment of appeal

(10) An appellant may abandon an appeal by

(a) filing a notice of abandonment of appeal in Form 76, and

(b) serving a copy of the filed notice of abandonment of appeal on all parties of record.

Part 19 — Judgments from Other Courts

Rule 19-1 — Transfer of Proceedings from Provincial Court

Definition

(1) In this rule, "transfer order" means the order of the Provincial Court referred to in subrule (2).

These Supreme Court Civil Rules apply to transferred proceedings

(2) If a proceeding has been started in the Provincial Court and a judge of that court orders that the proceeding be transferred to the Supreme Court, these Supreme Court Civil Rules apply to the proceeding as if it had been started in the Supreme Court.

Repealed

(3) Repealed. [B.C. Reg. 95/2011, Sch. A, s. 9.]

Pleadings

(4) If a proceeding is transferred to the Supreme Court in the manner referred to in subrule  (2),

(a) the notice of claim filed in the Provincial Court is deemed to be the notice of civil claim filed in the proceeding in the Supreme Court,

(b) the reply filed in the Provincial Court is deemed to be the response to civil claim filed in the proceeding in the Supreme Court, and

(c) a counterclaim filed in the Provincial Court is deemed to be a counterclaim filed in the proceeding in the Supreme Court.

[en. B.C. Reg. 95/2011, Sch. A, s. 9.]

Plaintiff must file and serve amended notice of civil claim

(5) If the claimant in the Provincial Court proceeding wishes to continue with that proceeding after its transfer to the Supreme Court, the claimant must, as plaintiff in the Supreme Court action,

(a) amend the notice of claim that is, under subrule (4) (a), deemed to be the notice of civil claim filed in the proceeding in the Supreme Court

(i) by adding "Transferred Proceeding" above the style of proceeding, and

(ii) by otherwise making the notice of claim accord with Rule 3-1,

(b) within 21 days after the transfer order, file, in the Supreme Court registry nearest to the Provincial Court registry in which the Provincial Court proceeding was started, that notice of civil claim as it has been amended by the amendment referred to in paragraph (a) of this subrule, and

(c) serve a copy of that filed notice of civil claim in accordance with Rule 3-2.

[en. B.C. Reg. 95/2011, Sch. A, s. 9.]

Amended reply and counterclaim

(6) A defendant must, within 14 days after the date of service of the amended notice of claim under subrule (5) (c) of this rule,

(a) amend the reply that is, under subrule (4) (b), deemed to be the response to civil claim filed in the proceeding in the Supreme Court

(i) by adding "Transferred Proceeding" above the style of proceeding, and

(ii) by otherwise making the reply accord with Rule 3-3,

(b) amend the counterclaim, if any, that is, under subrule (4) (c) of this rule, deemed to be a counterclaim filed in the proceeding in the Supreme Court

(i) by adding "Transferred Proceeding" above the style of proceeding, and

(ii) by otherwise making the counterclaim accord with Rule 3-4,

(c) file in the Supreme Court registry referred to in subrule (5) (b) of this rule

(i) that response to civil claim as it has been amended by the amendment referred to in paragraph (a) of this subrule, and

(ii) that counterclaim, if any, as it has been amended by the amendment referred to in paragraph (b) of this subrule, and

(d) serve in accordance with Part 3

(i) a copy of that filed response to civil claim, and

(ii) a copy of that filed counterclaim, if any.

[en. B.C. Reg. 95/2011, Sch. A, s. 9.]

Application of Rule 6-1

(6.1) Rule 6-1 does not apply to an amendment under subrule (5) (a) or (6) (a) or (b) of this rule, and, for greater certainty, an amendment under subrule (5) (a) or (6) (a) or (b) of this rule does not constitute an amendment for the purposes of Rule 6-1 (1).

[en. B.C. Reg. 95/2011, Sch. A, s. 9.]

Previous address for service

(7) For the purposes of Rule 4-2 and subrules (3) to (6) of this rule, a party who filed a document under subrule (5) or (6) is deemed to have, as an address for service,

(a) the address for service set out in the filed document, or

(b) if the filed document does not contain an address for service, the address set out for that party on the latest document, filed by that party in the Provincial Court proceeding, that contains an address for that party.

Filing fees

(8) Despite any other provision of these Supreme Court Civil Rules, the following apply:

(a) Repealed. [B.C. Reg. 112/2012, Sch. A, s. 3.]

(b) the fee for filing an amended notice of claim under subrule (5) is the fee payable under Appendix C for commencing a proceeding in the Supreme Court less any amount that the person filing the amended notice of claim paid for filing the notice of claim in the Provincial Court proceeding;

(c) the fee for filing an amended reply or an amended counterclaim referred to in subrule (6) is the fee payable under Appendix C for filing a response to civil claim or a counterclaim, respectively, in the Supreme Court less any amount that the person filing the amended reply or amended counterclaim paid for filing the reply or counterclaim in the Provincial Court proceeding.

[am. B.C. Reg. 112/2012, Sch. A, s. 3.]

Rule 19-2 — Canadian Judgments

Definition

(1) In this rule, "Canadian judgment" has the same meaning as in the Enforcement of Canadian Judgments and Decrees Act.

Registration requirements for Canadian judgments

(2) A person wishing to register a Canadian judgment under the Enforcement of Canadian Judgments and Decrees Act must, for the purposes of section 3 (1) (b) of that Act, file a certified English translation of the Canadian judgment if the judgment was made in a language other than English.

Rule 19-3 — Foreign Judgments

Definitions

(1) In this rule:

"convention" means the Convention for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters, the English language version of which is set out in Schedule 4 of the Court Order Enforcement Act;

"reciprocally enforceable judgment" means a judgment that may be registered under Part 2 or 4 of the Court Order Enforcement Act.

Application under Court Order Enforcement Act

(2) A proceeding to register a reciprocally enforceable judgment must be started by petition or, if Rule 17-1 (1) applies, by requisition.

Affidavit in support

(3) The application for registration of a reciprocally enforceable judgment must be supported by an affidavit

(a) exhibiting

(i) a certified copy of the judgment under the seal of the original court,

(ii) if section 29 (2) of the Court Order Enforcement Act applies to the application, the certificate referred to in section 29 (3) of that Act, and

(iii) a certified translation of the judgment or certificate if made in a language other than English, and

(b) stating, to the best of the information and belief of the person swearing or affirming the affidavit,

(i) that the judgment creditor is entitled to enforce the judgment,

(ii) the amount presently owing on the judgment,

(iii) the full name, occupation and usual or last known residence or place of business of the judgment creditor and judgment debtor respectively,

(iv) whether the judgment debtor

(A) was personally served with the process of the original court,

(B) was served with the process of the original court other than by personal service, or

(C) participated in the proceeding or otherwise submitted to the jurisdiction of the original court, and

(v) that the judgment is not one that is disqualified from registration either under section 29 (6) of the Court Order Enforcement Act or under Article II, paragraph 2, or Article IV, paragraph 1, of the convention, whichever is applicable.

Applications for reciprocal enforcement of judgment

(4) Notice of an application to register a reciprocally enforceable judgment need not be given to the judgment debtor if

(a) the application is made under Part 4 of the Court Order Enforcement Act, or

(b) the application is made under Part 2 of the Court Order Enforcement Act and section 29 (2) of that Act applies to the application.

Form of order to register

(5) The order to register the judgment must be in Form 77.

Notice of registration

(6) If a reciprocally enforceable judgment is registered, and the judgment debtor had no notice of the application for registration, notice of the registration must be given to the judgment debtor within one month after the registration.

Setting aside registration of judgment under convention

(7) The court may order that the registration of a judgment under Part 4 of the Court Order Enforcement Act be set aside if the judgment debtor was not duly served with the process of the original court, unless the judgment debtor participated in the proceeding or otherwise submitted to the jurisdiction of the original court.

Stay of enforcement

(8) The court may make an order staying or limiting the enforcement of a judgment registered under Part 4 of the Court Order Enforcement Act, subject to any terms and for any period the court considers appropriate, if

(a) the judgment is not final,

(b) an appeal is pending, or

(c) the time for appeal has not expired.

Stay of proceeding in action on foreign judgment

(9) A defendant in an action on a foreign judgment, whether or not it is a reciprocally enforceable judgment, on proof that an appeal or other proceeding in the nature of an appeal is pending or the time for appeal has not expired, may apply for an order staying the proceeding until the determination of the appeal or other proceeding on terms that the court may impose.

Rule 19-4 — Transfer of Proceedings from Foreign Courts

Court may require translation for transferred proceeding

(1) On an application under the Court Jurisdiction and Proceedings Transfer Act for an order that the court accept a transfer to it of a proceeding within the meaning of that Act, the court may order that the person applying for that order do one or both of the following:

(a) pay any expenses that have been or may be incurred by the court in having the documents in the transferring court's file relating to the proceeding translated into English by a person satisfactory to the court;

(b) pending the payment required under paragraph (a), give security in the form and manner the court may direct for payment of the expenses referred to in that paragraph.

Entry prohibited until security given

(2) If the court requires the provision of security under subrule (1) (b) in relation to the transfer of a proceeding, any order to accept the transfer

(a) is of no force or effect until that security is given, and

(b) must not be presented for entry until that security is given.

Translation and security expenses may be claimed as disbursements

(3) Nothing in subrule (1) or (2) precludes a party from claiming either or both of the following as disbursements in conjunction with any costs the party may be awarded in the transferred proceeding:

(a) the expenses referred to in subrule (1) (a) that have been paid for by the party;

(b) the expenses incurred by the party in obtaining the security required under subrule (1) (b).

Rule 19-5 — Documents Required by Judicial Authority of Other Jurisdictions

Request for certified copy with additional formalities

(1) A person may request a certified copy of a document with formalities that are in addition to those used by the court by filing a request in Form 30.1, if the additional formalities are required by a judicial authority of another jurisdiction.

[en. B.C. Reg. 115/2019, s. 2.]

Required supplies

(2) A request under subrule (1) must include any supplies required under the other jurisdiction, other than blue or black ink, a Supreme Court adhesive seal, a Supreme Court impression seal or an ink stamp certifying a document to be a true copy.

[en. B.C. Reg. 115/2019, s. 2.]

Request for production of certification or formal documentation

(3) A person may request production of certification or other formal documentation that is not otherwise contemplated in these Supreme Court Civil Rules by filing a request in Form 30.1, if the certification or other formal documentation is required by a judicial authority of another jurisdiction.

[en. B.C. Reg. 115/2019, s. 2.]

Request must include document

(4) A request under subrule (3) must include the document the person wishes to be certified or issued under this rule.

[en. B.C. Reg. 115/2019, s. 2.]

Filing request

(5) The registrar may provide a certified copy of a document requested under subrule (1) or production of certification or other formal documentation under subrule (3) on receipt of satisfactory information and, if required by the registrar, additional materials in respect of the requirements of a judicial authority of another jurisdiction.

[en. B.C. Reg. 115/2019, s. 2.]

Part 20 — Special Rules for Certain Parties

Rule 20-1 — Partnerships

Partners may sue or be sued in firm name

(1) Two or more persons claiming to be entitled, or alleged to be liable, as partners may sue or be sued in the name of the firm in which they were partners at the time when the alleged right or liability arose.

Service on firm

(2) Service is effected on a firm by leaving a copy of the document to be served with

(a) a person who was a partner at the time the alleged right or liability arose, or

(b) a person at a place of business of the firm who appears to manage or control the partnership business there.

Responding pleading

(3) A responding pleading or a response to petition by a partnership must be in the name of the firm, but a partner or a person served as a partner may file a responding pleading or a response to petition and defend in the person's own name, whether or not named in the originating pleading or petition.

Affidavit naming partners

(4) If a firm is a party to a proceeding, any other party may serve a notice requiring one of the partners to serve, within 10 days, an affidavit setting out the names and addresses of all persons who were partners when the alleged right or liability arose.

Court may order service

(5) If the affidavit requested under subrule (4) is not served, the court may order service.

Execution against partnership property

(6) If an order is made against a firm, execution to enforce the order may issue against any property of the firm.

Execution against partners

(7) Without limiting subrule (8), if an order is made against a firm, execution to enforce the order may issue against any person who

(a) filed a responding pleading or response to petition in the proceeding in the person's own name as a partner,

(b) having been served with the originating pleading or petition as a partner, failed to file a responding pleading or response to petition in the proceeding,

(c) admitted in a pleading or affidavit that the person is a partner, or

(d) was adjudged to be a partner.

Execution against other persons

(8) If a party who has obtained an order against a firm claims that a person who is not a person described in subrule (7) is liable to satisfy the order as being a member of the firm, the party may apply to the court for leave to issue execution against that person.

Liability may be determined

(9) If the person against whom an application under subrule (8) is made disputes liability, the court may order that the liability of the person be determined in any manner in which an issue or question in an action may be determined.

Action against person carrying on business in a name other than the person's own

(10) A person carrying on business in a name or style other than the person's own name may be sued in that name or style as if it were the name of a firm, and this rule applies as if the person were a partner and the name in which the person carries on business were the name of that firm.

Rule 20-2 — Persons under Disability

Interpretation

(1) In this rule, "committee" means the committee, appointed under the Patients Property Act, of the estate of a patient.

Start of proceedings by person under disability

(2) A proceeding brought by or against a person under legal disability must be started or defended by his or her litigation guardian.

Role of litigation guardian

(3) Unless a rule otherwise provides, anything that is required or authorized by these Supreme Court Civil Rules to be done by or invoked against a party under disability must

(a) be done on the party's behalf by his or her litigation guardian, or

(b) be invoked against the party by invoking the same against the party's litigation guardian.

Lawyer must be involved

(4) A litigation guardian must act by a lawyer unless the litigation guardian is the Public Guardian and Trustee.

Litigation guardian

(5) Unless the court otherwise orders or an enactment otherwise provides, a person ordinarily resident in British Columbia may be a litigation guardian of a person under disability without being appointed by the court.

Committee as litigation guardian

(6) If a person is appointed committee, that person must be the litigation guardian of the patient in any proceeding unless the court otherwise orders.

Consent of litigation guardian

(7) Before the name of a person is used in a proceeding as a litigation guardian, that person's consent, signed by the person or his or her lawyer, must be filed, unless the person

(a) has been appointed by the court, or

(b) is the litigation guardian under section 35 (1) of the Representation Agreement Act of a party to that proceeding.

Certificate of fitness

(8) Unless a committee has been appointed, the lawyer for a person under disability, before acting in a proceeding, must, unless subrule (9) applies, file a certificate that he or she knows or believes that

(a) the person to whom the certificate relates is an infant or mentally incompetent person, giving the grounds of that knowledge or belief, and if the person to whom the certificate relates is a mentally incompetent person, that a committee has not been appointed for the person, and

(b) the proposed litigation guardian of the person under disability has no interest in the proceeding adverse to that person.

Certificate for a litigation guardian

(9) The lawyer for a person who, under section 35 (1) of the Representation Agreement Act, has a litigation guardian must, before acting in a proceeding to which the person is a party, file a certificate certifying that the lawyer knows or believes that

(a) the person has entered into a representation agreement,

(b) the litigation guardian is a representative under that representation agreement and is authorized under section 7 (1) (d) of the Representation Agreement Act in relation to the proceeding, and

(c) the litigation guardian has no interest in the proceeding adverse to the person.

Party becoming incompetent

(10) If a party to a proceeding becomes a mentally incompetent person, the court must appoint a litigation guardian for him or her unless

(a) a committee has been appointed for the party, or

(b) the party has a litigation guardian under section 35 (1) of the Representation Agreement Act.

Removal of litigation guardian

(11) If it is in the interest of a party who is under disability, the court may remove, appoint or substitute a litigation guardian.

Party attaining age of majority

(12) A party to a proceeding who attains the age of majority may, if the party is then under no legal disability,

(a) file an affidavit, in Form 78, confirming the attainment of the age of majority, and

(b) serve a copy of the filed affidavit on all parties of record.

Effect of filing affidavit

(13) After an affidavit is filed under subrule (12) (a),

(a) the party on whose behalf the affidavit was filed assumes conduct of that party's claim or defence in the proceeding, and

(b) the style of proceeding must no longer refer to a litigation guardian for that party.

Step in default

(14) A party must not take a step in default against a person under disability without leave of the court.

Service

(15) Unless the court otherwise orders, notice of an application for leave under subrule (14) must be served, in the manner provided by Part 4, on the person under disability at least 10 days before the hearing of the application.

Litigation guardian must be appointed

(16) If no response to civil claim, response to counterclaim, response to third party notice or response to petition has been filed to an originating pleading or petition on behalf of a person under disability, the person who started the proceeding, before continuing the proceeding against the person under disability, must obtain an order from the court appointing a litigation guardian for the person under disability.

[am. B.C. Reg. 119/2010, Sch. A, s. 33.]

Compromise by person under disability

(17) Unless an enactment otherwise provides, if a claim is made by or on behalf of a person under disability, no settlement, compromise, payment or acceptance of money paid into court, whenever entered into or made, so far as it relates to that person's claim, is binding without the approval of the court.

Approval of compromise

(18) If, before a proceeding is started, an agreement is reached for the settlement or compromise of a claim of a person under disability, whether alone or with others, and it is desired to obtain the court's approval, application may be made by petition or, if Rule 17-1 (1) applies, by requisition, and the court may make any order it considers will further the object of these Supreme Court Civil Rules.

Rule 20-3 — Representative Proceedings

Representative proceeding

(1) If numerous persons have the same interest in a proceeding, other than a proceeding referred to in subrule (10), the proceeding may be started and, unless the court otherwise orders, continued by or against one or more of them as representing all or as representing one or more of them.

Court may appoint representative

(2) At any stage of a proceeding referred to in subrule (1), the court, on the application of a party, may appoint one or more of the defendants or respondents or another person to represent one or more of the persons having the same interest in the proceeding, and if the court appoints a person not named as a defendant or a respondent, the court must make an order under Rule 6-2 adding that person as a defendant or respondent.

Enforcement of order made in representative proceeding

(3) An order made in a proceeding referred to in subrule (1) of this rule is binding on all the persons represented in the proceeding as parties, but must not be enforced against a person not a party to the proceeding except with leave of the court.

Application for leave

(4) An application for leave under subrule (3) must be served on the person against whom the applicant seeks to enforce the order, and the person served with the application for leave may dispute liability to have the order enforced against him or her.

Court order

(5) On an application for leave under subrule (3), the court may order that the question of whether the order is enforceable against the person served with the application for leave be determined in the manner the court considers will further the object of these Supreme Court Civil Rules.

Representation of interested person who cannot be ascertained

(6) In a proceeding concerning

(a) the administration of the estate of a deceased person,

(b) property subject to a trust, or

(c) the construction of a written instrument, including an enactment,

the court may appoint one or more persons to represent a person, including

(d) an unborn or unascertained person, or

(e) the members of a class of persons who have a present, future, contingent or unascertained interest in, or who may be affected by, the proceeding, and who, or some of whom, cannot readily be ascertained or found.

Appointment order binding

(7) If an appointment of a representative is made under subrule (6), an order in the proceeding is binding on a person or class so represented.

Order affecting non-party

(8) If, in a proceeding referred to in subrule (6), a compromise is proposed and a person who is interested in the compromise, either in his or her own right or as a member of a class, is not a party to the proceeding, the court may approve the compromise and order that it is binding on the interested person if

(a) the court is satisfied that the compromise will be for the benefit of the interested person, and

(b) one of the following applies:

(i) there is another person, with the same interest as the interested person, who is a party to the proceeding and who assents to the compromise;

(ii) the interested person is represented by a person appointed under subrule (6) who so assents.

Person bound

(9) If the court makes an order under subrule (8), the interested person referred to in the order is bound by it unless the order has been obtained by fraud or non-disclosure of material facts.

Representation of beneficiaries by trustees

(10) A proceeding may be brought by or against trustees or personal representatives without joining a person having a beneficial interest in the trust or estate and, unless the court otherwise orders on the ground that the trustees or personal representatives could not or did not represent the interest of the person having the beneficial interest, an order granted or made in the proceeding is binding on that person.

Additional powers of the court

(11) Subrule (10) does not limit the power of the court to

(a) order a person having an interest to be made a party, or

(b) make an order under subrule (6).

Repealed

(12)-(13) Repealed. [B.C. Reg. 90/2014, Sch. 1, s. 1.]

Person as relator

(14) Before the name of a person is used in a proceeding as a relator,

(a) the person must give a written authorization to his or her lawyer authorizing use of the person's name, and

(b) that authorization must be filed.

Conduct of a proceeding

(15) The court may give the conduct of a proceeding to any person the court considers appropriate.

Rule 20-4 — Declaratory Relief

Declaratory order

(1) A proceeding is not open to objection on the ground that only a declaratory order is sought, and the court may make binding declarations of right whether or not consequential relief is or could be claimed.

Rule 20-5 — Persons Who Are Not Required to Pay Fees

Court may order that no fees are payable

(1) If the court, on application made in accordance with subrule (3) before or after the start of a proceeding, finds that a person

(a) receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act, or

(b) cannot, without undue hardship, afford to pay the fees under Schedule 1 of Appendix C in relation to the proceeding,

the court may order that no fees are payable by the person to the government under Schedule 1 of Appendix C in relation to the proceeding unless the court considers that the claim or defence

(c) discloses no reasonable claim or defence, as the case may be,

(d) is scandalous, frivolous or vexatious, or

(e) is otherwise an abuse of the process of the court.

[en. B.C. Reg. 103/2015, s. 2.]

Application of order

(2) An order under subrule (1) may apply to one or more of the following:

(a) a proceeding generally;

(b) any part of a proceeding;

(c) a specific period of time;

(d) one or more particular steps in a proceeding.

How to apply

(3) An application under subrule (1) may be made by filing

(a) a requisition in Form 17,

(b) a draft of the proposed order in Form 79, and

(c) an affidavit in Form 80.

[am. B.C. Reg. 95/2011, Sch. A, s. 10.]

Review, variation or rescission of order

(4) On application or on the court's own motion, the court may review, vary or rescind any order made under subrule (1) or (2).

No fee payable

(5) Despite anything in this rule, if the court makes an order in relation to a person under this rule, no fee is payable by the person to the government under Schedule 1 of Appendix C in relation to

(a) the proceeding,

(b) the part of the proceeding,

(c) the period of time, or

(d) the steps

to which the order applies.

[am. B.C. Reg. 119/2010, Sch. A, s. 34 (b).]

Rule 20-6 — Litigation Representatives

Definition

(1) In this rule, "litigation representative", in relation to the estate of a deceased, means a person referred to in subrule (3) (a) who is starting, conducting or defending a proceeding referred to in subrule (2) on behalf of the deceased's estate.

[en. B.C. Reg. 90/2014, Sch. 1, s. 2.]

Application of rule

(2) This rule applies if

(a) a person who has or may have a cause of action dies before starting a proceeding in relation to that cause of action,

(b) a person against whom a cause of action may be asserted dies before a proceeding is started in relation to that cause of action,

(c) a person who has started a proceeding dies before judgment is pronounced in that proceeding, or

(d) a person against whom a proceeding has been started dies before judgment is pronounced in that proceeding,

and the cause of action, in relation to which the proceeding may be or has been started, survives.

[en. B.C. Reg. 90/2014, Sch. 1, s. 2.]

Starting, conducting or defending a proceeding on behalf of deceased's estate

(3) If there is no personal representative for a deceased's estate, the court may,

(a) on application brought in accordance with subrule (5), appoint a person as a litigation representative to start, conduct or defend a proceeding referred to in subrule (2) on behalf of the deceased's estate, or

(b) on application or otherwise, order that the matter proceed in the absence of a person representing the deceased's estate.

[en. B.C. Reg. 90/2014, Sch. 1, s. 2.]

Notice of application required

(4) Before making an order under subrule (3), the court may require notice of the application to be given to a person having an interest in the deceased's estate.

[en. B.C. Reg. 90/2014, Sch. 1, s. 2.]

Procedure for application

(5) An application under subrule (3) may be brought without notice under Rule 8-4 or, if there is no existing proceeding within which it is appropriate to bring that application, under Rule 17-1.

[en. B.C. Reg. 90/2014, Sch. 1, s. 2.]

No authorization to distribute proceeds

(6) Nothing in this rule authorizes a person who is not the personal representative of the deceased to distribute proceeds of a proceeding that belong to the deceased's estate to anyone other than the personal representative.

[en. B.C. Reg. 90/2014, Sch. 1, s. 2.]

Substitution required

(7) A litigation representative conducting or defending a proceeding referred to in subrule (2) (c) or (d) must, under Rule 6-2, be substituted for the deceased as a party in the proceeding.

[en. B.C. Reg. 90/2014, Sch. 1, s. 2.]

When personal representative is appointed

(8) If

(a) a person becomes a personal representative for a deceased's estate after a litigation representative is appointed, and

(b) a proceeding referred to in subrule (2) has been started in relation to the deceased,

the personal representative must, on application under Rule 6-2,

(c) be substituted for the deceased as a party in the proceeding, or

(d) if a litigation representative is conducting or defending the proceeding, be substituted for the litigation representative as a party in the proceeding,

unless an order is made in respect of the proceeding under section 151 of the Wills, Estates and Succession Act.

[en. B.C. Reg. 90/2014, Sch. 1, s. 2.]

Part 21 — Special Rules for Certain Proceedings

Rule 21-1 — Admiralty Matters

Actions to which rule applies

(1) This rule applies if an action may be brought in rem against a ship or other property.

What actions may be brought in rem

(2) Except to the extent that jurisdiction has been otherwise specially assigned, an action may be brought in rem against a ship or other property that may be brought in rem in the Federal Court of Canada in all cases in which a claim for relief is made under or by virtue of Canadian maritime law or any other law of Canada relating to navigation and shipping.

Notice of civil claim — actions in rem

(3) An action in rem must be started by issuing a notice of civil claim in Form 81.

Notice of civil claim — when started with action in personam

(4) An action in rem may be started with an action in personam by the issuance of a notice of civil claim in Form 82 and may be joined with another proceeding in accordance with Rule 22-5.

Special service rules for notices of claim issued under subrule (3) or (4)

(5) In an action in rem, the notice of civil claim may be served in British Columbia,

(a) on a ship or other property on board a ship, by affixing a copy of the filed notice of civil claim to a conspicuous part of the ship that is protected from the elements to the extent practicable, and

(b) on property that is not on board a ship, by

(i) attaching a copy of the filed notice of civil claim to a conspicuous part of the property protected from the elements to the extent practicable, or

(ii) by personal service on the person having apparent custody of the property.

Response to civil claim may be filed in name of ship

(6) In an action in rem, a response to civil claim may be filed in the name of the property named.

Response to civil claim

(7) A person who files a response to civil claim to an action in rem must set out the nature of the interest that the person claims in the ship or other property.

Arrest — "Affidavit to Lead Warrant"

(8) A party may, at any time after an action in rem has been started, apply for a warrant for the arrest of the property named by filing with a registrar an "Affidavit to Lead Warrant" in Form 83.

Issue of warrant

(9) If an affidavit to lead warrant is filed under subrule (8), a registrar may, after reading the affidavit,

(a) issue the warrant, or

(b) refer the matter to the court and the court may issue the warrant, subject to any directions that the court may give.

Form of warrant

(10) A warrant to arrest under this rule must be in Form 84.

Service of warrant

(11) The warrant must be served in the manner provided by subrule (5) by a person authorized to serve a writ of execution.

Proof of service

(12) The person who serves a warrant must file proof of service promptly after service is effected.

When arrest takes effect

(13) The arrest of property that is authorized by the warrant to be arrested takes effect at the time the warrant is served.

Property not to be moved

(14) After arrest, a person must not move the property that has been arrested, unless the court permits it or all parties interested in the action consent.

Order for safety and preservation

(15) After property has been arrested, the court may make an order for the property's safety and preservation on terms and conditions, if any, and, in particular, may

(a) authorize the property to be moved, and

(b) order that perishable property be disposed of with the proceeds to be paid as directed by the court.

Possession of property arrested

(16) The court may, on application of any interested party, authorize a person to take possession of, and assume responsibility for, property that has been arrested under this rule, but, if no such order is made, the possession and responsibility continues in the person or persons who were in possession of the property immediately before the arrest.

Security

(17) The court must not make an order under subrule (16) unless the court is satisfied that the applicant has paid or given adequate security for all fees, charges and expenses that will be incurred while the property is in the possession of the person authorized under subrule (16).

Caveats

Filing of caveat

(18) A person who wishes to prevent the release of any property that has been arrested under this rule or who wishes to prevent the payment out of court of proceeds of the disposition of property that has been arrested must file a caveat in Form 85 in the registry from which the warrant was issued.

Withdrawal of caveat

(19) A person who has filed a caveat may withdraw it by filing a notice to that effect in Form 86.

Damages for wrongful filing of caveat

(20) Any person who suffers damages or costs as a result of a caveat being filed without sufficient justification may apply to the court to have those damages and costs summarily determined.

Application for damages

(21) An application under subrule (20) must be served on the caveator.

Summary determination of damages

(22) If the court finds that the caveator cannot show that there was sufficient justification for the filing of the caveat, the court must summarily determine the amount of damages and costs suffered by the applicant and make an order for payment accordingly.

Release of Property

Release of property arrested

(23) The court may, on application of any person having an interest in property arrested under this rule, order the release of the property arrested on bail being posted.

Bail bond or guarantee

(24) Bail to answer judgment and obtain the release of property arrested under this rule may be posted

(a) by making a payment into court as bail in Form 87,

(b) by delivering to a registrar the guarantee of a chartered bank of Canada or the bond of any surety company licensed to do business in British Columbia in Form 88, or

(c) in the manner the parties may agree or the court may order.

Amount of bail

(25) The amount of bail to be posted must be the lesser of

(a) an amount sufficient to answer judgment in the proceedings against the property arrested, and

(b) the appraised value of the property.

Service of the application

(26) Unless the court otherwise orders, notice of an application for the release of property arrested under this rule must be served at least one day before the application is heard

(a) on the party to the action at whose instance the arrest was made, and

(b) on any person having filed a caveat to prevent the property from being released from arrest.

Bail information required

(27) Notice of an application for the release of property arrested under this rule must set out the amount of any bail to be posted and the name of the bank or surety company that will post the bail.

Release

(28) A registrar must issue a release from arrest in Form 89 when

(a) the court orders the release of the property arrested under this rule, or

(b) consent to the release of the property arrested under this rule is given by

(i) the party at whose instance the property was arrested, and

(ii) the persons who filed caveats to prevent the release of the property from arrest.

When release occurs

(29) On delivery of the release from arrest to the person in possession and on payment to the person in possession of all fees and charges incurred in respect of the arrest and custody, if any, of the property arrested, the property is released from arrest.

Collisions at Sea — the "Preliminary Act"

Application of subrules (31) to (35)

(30) Unless the court otherwise orders, if there is an action arising out of a collision of ships at sea, subrules (31) to (35) apply.

Pleadings and particulars

(31) If this rule applies, the notice of civil claim, response to civil claim, counterclaim and any other pleadings need not contain any particulars concerning the collision other than those particulars that are necessary to identify the collision to an opposing party.

The "preliminary act"

(32) The notice of civil claim, response to civil claim and any counterclaim must be accompanied by a sealed envelope that bears the style of proceeding and in which has been enclosed a statement of particulars, to be known as a "preliminary act", that contains the following particulars:

(a) the names of the ships that came into collision and the names of their masters;

(b) the time of the collision;

(c) the place of the collision;

(d) the direction and force of the wind;

(e) the state of the weather;

(f) the state and force of the tide or, if the collision occurred in non-tidal waters, of the current;

(g) the course being steered and the speed through the water of the ship when the other ship was first seen or immediately before any measures were taken with reference to her presence, whichever was the earlier, and all subsequent alterations to the course or speed of the ship up to the time of the collision;

(h) the lights, if any, carried by the ship;

(i) the distance and bearing of the other ship if and when her echo was first observed by radar;

(j) the distance, bearing and approximate heading of the other ship when it was first seen;

(k) the lights, if any, of the other ship that were first seen;

(l) the lights, if any, of the other ship other than those first seen that came into view before the collision;

(m) the measures that were taken to avoid the collision and when they were taken;

(n) the parts of each ship that first came into contact and the approximate angle, as illustrated by an appropriate sketch annexed, between the two ships at the moment of contact;

(o) the sound signals that were given, if any, and when they were given;

(p) the fault or default, if any, attributed to the other ship;

(q) the sound signals, if any, that were heard from the other ship and when they were heard.

Form of preliminary act

(33) The preliminary act must be in parallel columns such that the respective particulars referred to in subrule (32) (a) to (q) in respect of each ship can easily be compared.

Preliminary act not to be opened

(34) A preliminary act must not be opened unless all parties consent or the court, on application of one of the parties, orders it to be opened.

Preliminary act to form part of pleading

(35) After a preliminary act has been opened, it forms part of the appropriate pleadings of the party.

Rule 21-2 — Carriage by Air Act

Carriage by Air Act

(1) In an action under the Carriage by Air Act (Canada) and the convention set out in that Act, a high contracting party to the convention who, for the purposes of that action and by virtue of that Act, is deemed to have submitted to the jurisdiction of the court may be made a defendant subject to these Supreme Court Civil Rules.

Rule 21-3 — Mandamus, Prohibition, Certiorari and Habeas Corpus

Proceeding to be started by petition

(1) Applications for relief in the nature of mandamus, prohibition, certiorari or habeas corpus are governed by these Supreme Court Civil Rules and must be started by petition under Rule 16-1.

Writs abolished

(2) Directions respecting applications referred to in subrule (1) must be made by order and no writ of mandamus, prohibition, certiorari or habeas corpus is to be issued.

Person affected may take part in proceeding

(3) The court may order that a person who may be affected by a proceeding for an order in the nature of mandamus may take part in the proceeding to the same extent as if served with the petition.

Rule 21-4 and Rule 21-5

Repealed. [B.C. Reg. 149/2013, s. 4.]

Rule 21-6 — Wills, Estates and Succession Act Wills Variation Proceedings

Proceedings under the Wills, Estates and Succession Act

(1) A proceeding under section 60 of the Wills, Estates and Succession Act must be started by a notice of civil claim.

[am. B.C. Reg. 149/2013, s. 5 (b).]

Parties

(2) In a proceeding referred to in subrule (1),

(a) the following persons must be parties to the proceeding:

(i) the surviving spouse and children of the will-maker;

(ii) all beneficiaries under the will-maker's will whose interest may be affected by the order sought;

(iii) the executor of the will, and

(b) the court may order that any other person be joined as a party.

[am. B.C. Reg. 149/2013, s. 5 (c) and (d).]

Response to civil claim

(3) In a response to civil claim, a defendant may raise a claim under section 60 of the Wills, Estates and Succession Act on his or her own behalf, and any other party may serve a reply.

[am. B.C. Reg. 149/2013, s. 5 (b).]

These Supreme Court Civil Rules apply

(4) A proceeding referred to in this rule is governed by these Supreme Court Civil Rules.

[am. B.C. Reg. 149/2013, s. 5 (e).]

Rule 21-7 — Foreclosure and Cancellation

Starting the proceeding

(1) A proceeding for foreclosure of the equitable right to redeem mortgaged property or for redemption must be started by petition.

Parties

(2) In a proceeding referred to in subrule (1), all persons whose interest in or claim to the mortgaged property is sought to be extinguished and all persons against whom any relief is sought must be made respondents and, unless the court otherwise orders, it is not necessary to join any other person as a respondent.

Joinder of claim or party

(3) A petitioner under this rule may join in the proceeding any claim arising out of the mortgage or out of any bond or collateral security or obligation given for the mortgage debt and may join as a party any person who is liable to pay the mortgage debt.

Person filing interest after certificate of pending litigation

(4) If a petitioner under this rule registers a certificate of pending litigation in respect of the proceeding against the mortgaged property, a person who subsequently registers or files in a land title office an interest, right or claim in or to the mortgaged property

(a) need not be served with the petition,

(b) is bound by an order made in the proceeding, and

(c) may file a response to petition in the proceeding.

Powers of the court

(5) The court may do one or more of the following in a proceeding under subrule (1):

(a) make a final order of foreclosure;

(b) order that a respondent must, within a redemption period that the court may fix, pay to the petitioner what is due under the mortgage and for costs, and that, in default of payment, the respondent is to be foreclosed of his or her equity of redemption;

(c) determine summarily, or order that an account be taken of and that a registrar certify, the amount that is due to the petitioner or to any person on the date of the hearing of the petition or on the date of the accounting, as the case may be;

(d) determine summarily, or order that an account be taken of and that the registrar certify, in relation to the amount determined under paragraph (c),

(i) the daily amount of interest from the date of the hearing of the petition or from the date of the accounting, as the case may be, to the expiration of the period of redemption, or

(ii) if the daily amount of interest referred to in subparagraph (i) may fluctuate over the period referred to in that subparagraph, the method for calculating such interest;

(e) pronounce judgment for any amount determined to be due or for any amount that has been certified to be due on an accounting;

(f) determine summarily, or order an inquiry to determine, any issues raised between respondents, including priorities;

(g) determine summarily, or order an inquiry to determine, whether a person should be served with the petition;

(h) order at what times, on what terms and in what order of priority respondents may redeem the mortgaged property and that in default they are to be foreclosed of any interest, right or claim in or to the mortgaged property;

(i) order a sale of the mortgaged property;

(j) grant further or corollary relief;

(k) make an order under Rule 22-1 (7).

Final order

(6) In default of payment in accordance with an order made under subrule (5), a final order of foreclosure may be granted against a respondent on application by the petitioner.

Order for sale

(7) A party of record may apply at any time for an order that the mortgaged property be sold or be put up for sale.

Inquiry to settle terms of sale

(8) The court may order an inquiry to settle the terms of a sale.

Order confirming sale

(9) Even though the time for redemption has not expired, the person having conduct of a sale may apply to the court for an order confirming the sale, directing the disposition of the proceeds and vesting title in the purchaser.

Notice to assess costs

(10) A respondent wishing to redeem may, on paying to the petitioner the amount due under the mortgage, serve notice on the petitioner to assess costs, and if, within 14 days after service of the notice, the petitioner has not filed a bill of costs for assessment, the petitioner is not entitled to costs.

Agreement for sale

(11) This rule applies to a proceeding by a vendor on an agreement for sale of land in which a claim is made for specific performance of an agreement for sale and for its cancellation on failure to perform.

Rule 21-8 — Jurisdictional Disputes

Disputed jurisdiction

(1) A party who has been served with an originating pleading or petition in a proceeding, whether that service was effected in or outside British Columbia, may, after filing a jurisdictional response in Form 108,

(a) apply to strike out the notice of civil claim, counterclaim, third party notice or petition or to dismiss or stay the proceeding on the ground that the notice of civil claim, counterclaim, third party notice or petition does not allege facts that, if true, would establish that the court has jurisdiction over that party in respect of the claim made against that party in the proceeding,

(b) apply to dismiss or stay the proceeding on the ground that the court does not have jurisdiction over that party in respect of the claim made against that party in the proceeding, or

(c) allege in a pleading or in a response to petition that the court does not have jurisdiction over that party in respect of the claim made against that party in the proceeding.

[am. B.C. Reg. 119/2010, Sch. A, s. 35.]

Order declining jurisdiction may be sought

(2) Whether or not a party referred to in subrule (1) applies or makes an allegation under that subrule, the party may apply to court for a stay of the proceeding on the ground that the court ought to decline to exercise jurisdiction over that party in respect of the claim made against that party in the proceeding.

Disputed pleading or service

(3) If a party who has been served with an originating pleading or petition in a proceeding, whether served in or outside British Columbia, alleges that the notice of civil claim, counterclaim, third party notice or petition is invalid or has expired or that the purported service of the notice of civil claim, counterclaim, third party notice or petition was invalid, the party may, after filing a jurisdictional response in Form 108, apply for one or both of the following:

(a) an order setting aside the notice of civil claim, counterclaim, third party notice or petition;

(b) an order setting aside service of the notice of civil claim, counterclaim, third party notice or petition.

[am. B.C. Reg. 119/2010, Sch. A, s. 35.]

Powers of court pending resolution

(4) If an application is brought under subrule (1) (a) or (b) or (3) or an issue is raised by an allegation in a pleading or a response to petition referred to in subrule (1) (c), the court may, on the application of a party of record, before deciding the first-mentioned application or issue,

(a) stay the proceeding,

(b) give directions for the conduct of the first-mentioned application,

(c) give directions for the conduct of the proceeding, and

(d) discharge any order previously made in the proceeding.

Party does not submit to jurisdiction

(5) If, within 30 days after filing a jurisdictional response in a proceeding, the filing party serves a notice of application under subrule (1) (a) or (b) or (3) on the parties of record or files a pleading or a response to petition referred to in subrule (1) (c),

(a) the party does not submit to the jurisdiction of the court in relation to the proceeding merely by filing or serving any or all of the following:

(i) the jurisdictional response;

(ii) a pleading or a response to petition under subrule (1) (c);

(iii) a notice of application and supporting affidavits under subrule (1) (a) or (b), and

(b) until the court has decided the application or the issue raised by the pleading, petition or response to petition, the party may, without submitting to the jurisdiction of the court,

(i) apply for, enforce or obey an order of the court, and

(ii) defend the proceeding on its merits.

Rule 21-9 — Negligence Act Claims

Contribution or indemnity claimed under the Negligence Act

(1) A defendant who claims contribution or indemnity under the Negligence Act from a person must do so,

(a) if the person against whom the claim is to be made is a plaintiff, by counterclaim, or

(b) in any other case, whether or not the person against whom the claim is to be made is a party to the action, by third party notice.

Apportionment of liability claimed under the Negligence Act

(2) A defendant who does not claim contribution or indemnity under the Negligence Act but who does claim an apportionment of liability under that Act must claim that apportionment in the response to civil claim.

Part 22 — General

Rule 22-1 — Chambers Proceedings

Definition

(1) In this rule, "chambers proceeding" includes the following:

(a) a petition proceeding;

(b) a requisition proceeding that has been set for hearing under Rule 17-1 (5) (b);

(c) an application, including, without limitation, the following:

(i) an application to change or set aside a judgment;

(ii) a matter that is ordered to be disposed of other than at trial;

(d) an appeal from, or an application to confirm, change or set aside, an order, a report, a certificate or a recommendation of a master, registrar, special referee or other officer of the court;

(e) an action that has, or issues in an action that have, been ordered to be proceeded with by affidavit or on documents before the court, and stated cases, special cases and hearings on a point of law;

(f) an application for judgment under Rule 3-8, 7-7 (6), 9-6 or 9-7.

Failure of party to attend

(2) If a party to a chambers proceeding fails to attend at the hearing of the chambers proceeding, the court may proceed if, considering the nature of the chambers proceeding, it considers it will further the object of these Supreme Court Civil Rules to do so, and may require evidence of service it considers appropriate.

Reconsideration of order

(3) If the court makes an order in circumstances referred to in subrule (2), the order must not be reconsidered unless the court is satisfied that the person failing to attend was not guilty of wilful delay or default.

Evidence on an application

(4) On a chambers proceeding, evidence must be given by affidavit, but the court may

(a) order the attendance for cross-examination of the person who swore or affirmed the affidavit, either before the court or before another person as the court directs,

(b) order the examination of a party or witness, either before the court or before another person as the court directs,

(c) give directions required for the discovery, inspection or production of a document or copy of that document,

(d) order an inquiry, assessment or accounting under Rule 18-1, and

(e) receive other forms of evidence.

Hearing of application in public

(5) Except in cases of urgency, a chambers proceeding must be heard in a place open to the public, unless the court, in the case of a particular chambers proceeding, directs that for special reasons the chambers proceeding ought to be dealt with in private.

Adjournment of application if applications not heard on date set

(6) If a chambers proceeding has been set for hearing on a day on which the court does not hear chambers proceedings, the chambers proceeding stands adjourned without order to the next day on which the court hears chambers proceedings.

Power of the court

(7) Without limiting subrule (4), on the hearing of a chambers proceeding, the court may

(a) grant or refuse the relief claimed in whole or in part, or dispose of any question arising on the chambers proceeding,

(b) adjourn the chambers proceeding from time to time, either to a particular date or generally, and when the chambers proceeding is adjourned generally a party of record may set it down on 3 days' notice for further hearing,

(c) obtain the assistance of one or more experts, in which case Rule 11-5 applies, and

(d) order a trial of the chambers proceeding, either generally or on an issue, and order pleadings to be filed and, in that event, give directions for the conduct of the trial and of pre-trial proceedings and for the disposition of the chambers proceeding.

Powers of court if notice not given

(8) If it appears to the court that notice of a chambers proceeding ought to have been but was not served on a person, the court may

(a) dismiss the chambers proceeding or dismiss it only against that person,

(b) adjourn the chambers proceeding and direct that service be effected on that person or that notice be given in some alternate manner to that person, or

(c) direct that any order made, together with any other documents the court may order, be served on that person.

Urgent chambers proceeding

(9) Rules 8-4 and 8-5 apply to chambers proceedings.

Adjournment

(10) The hearing of a chambers proceeding may be adjourned from time to time by a registrar.

Notes of applications

(11) A registrar must

(a) attend at and keep notes of the hearings of all chambers proceedings, and

(b) include, in the notes kept under paragraph (a) in relation to the hearing of a chambers proceeding, a short statement of the questions or points decided or orders made at the hearing.

Rule 22-2 — Affidavits

Affidavit to be filed

(1) An affidavit used in a proceeding must be filed.

Form and content of affidavit

(2) An affidavit

(a) must be expressed in the first person and show the name, address and occupation of the person swearing or affirming the affidavit,

(b) if the person swearing or affirming the affidavit is a party or the lawyer, agent, director, officer or employee of a party, must state that fact,

(c) must be divided into paragraphs numbered consecutively, and

(d) may be in Form 109.

Identifying affidavits

(3) There must be set out in the top right hand corner of the first page of an affidavit, other than an affidavit of service,

(a) the name of the person swearing or affirming the affidavit,

(b) the sequential number of the affidavit made by that person in the same proceeding, and

(c) the date on which the affidavit was made.

Making affidavit

(4) An affidavit is made when

(a) the affidavit is sworn or affirmed by the person swearing or affirming the affidavit,

(b) the person swearing or affirming the affidavit

(i) signs the affidavit, or

(ii) if the person swearing or affirming the affidavit is unable to sign the affidavit, places his or her mark on it, and

(c) the person before whom the affidavit is sworn or affirmed completes and signs a statement in accordance with subrule (5) and identifies each exhibit, if any, to the affidavit in accordance with subrule (8).

Statement to be signed

(5) The person before whom an affidavit is sworn or affirmed must confirm that the affidavit was sworn or affirmed in the person's presence by completing and signing a statement on the affidavit in the following form:

Sworn (or affirmed) before me at ................. British Columbia on ..........[dd/mmm/yyyy]..........

Statement if person swearing or affirming the affidavit unable to read

(6) If it appears to the person before whom an affidavit is sworn or affirmed that the person swearing or affirming the affidavit is unable to read it, the person before whom it is sworn or affirmed must certify in the statement signed under subrule (5) that the affidavit was read in his or her presence to the person swearing or affirming the affidavit who seemed to understand it.

Interpretation to person swearing or affirming the affidavit who does not understand English

(7) If it appears to the person before whom an affidavit is to be sworn or affirmed that the person swearing or affirming the affidavit does not understand the English language, the affidavit must be interpreted to the person swearing or affirming the affidavit by a competent interpreter who must certify on the affidavit, by endorsement in Form 109, that he or she has interpreted the affidavit to the person swearing or affirming the affidavit.

Exhibit to be marked

(8) The person before whom an affidavit is sworn or affirmed must identify each exhibit referred to in the affidavit by signing a certificate placed on the exhibit in the following form:

This is Exhibit .......... referred to in the affidavit of .............................. sworn (or affirmed) before me on ..........[dd/mmm/yyyy].......... .

Copies of documentary exhibits

(9) An exhibit referred to in an affidavit need not be filed, but must be made available for the use of the court and for the prior inspection of a party to the proceeding and, in the case of a documentary exhibit not exceeding 10 pages, a true reproduction must be attached to the affidavit and to all copies of the affidavit that are served.

Numbering exhibit pages

(10) Each page of the documentary exhibits referred to in an affidavit, other than an affidavit of service, must be numbered sequentially, beginning with the first page of the first exhibit and ending with the last page of the last exhibit,

(a) on the original exhibits and on all copies that are served, and

(b) even though one or more of those exhibits is not attached to the affidavit.

Alterations to be initialled

(11) The person before whom an affidavit is sworn or affirmed must initial all alterations in the affidavit and, unless so initialled, the affidavit must not be used in a proceeding without leave of the court.

Limitation on contents of affidavit

(12) Subject to subrule (13), an affidavit must state only what a person swearing or affirming the affidavit would be permitted to state in evidence at a trial.

Exception

(13) An affidavit may contain statements as to the information and belief of the person swearing or affirming the affidavit, if

(a) the source of the information and belief is given, and

(b) the affidavit is made

(i) in respect of an application that does not seek a final order, or

(ii) by leave of the court under Rule 12-5 (71) (a) or 22-1 (4) (e).

[am. B.C. Reg. 119/2010, Sch. A, s. 36.]

Use of defective affidavit

(14) With leave of the court, an affidavit may be used in evidence despite an irregularity in its form.

Affidavit made before proceeding started

(15) An affidavit may be used in a proceeding even though it was made before the proceeding was started.

Affidavit of patient under the Patients Property Act

(16) If an affidavit is required for use in a proceeding and the person who is proposed to swear or affirm the affidavit is a patient as defined in the Patients Property Act, the affidavit may be sworn or affirmed, on information and belief, by the litigation guardian of the patient.

Rule 22-3 — Forms and Documents

Forms

(1) The forms in Appendix A or A.1 must be used if applicable, with variations as the circumstances of the proceeding require, and each of those forms must be completed by including the information required by that form in accordance with any instructions included on the form.

[am. B.C. Reg. 149/2013, s. 6.]

Documents

(2) Unless the nature of the document renders it impracticable, every document prepared for use in the court must be in the English language, legibly printed, typewritten, written or reproduced on 8 1/2 inch ´ 11 inch durable white paper or durable off-white recycled paper.

Transcripts

(3) Transcripts of oral evidence must conform to subrule (2).

Space for stamp

(4) The first page of each document prepared for use in a proceeding must contain a blank area extending at least 5 centimetres from the top of the page and at least 5 centimetres from the left edge of the page.

Style of proceeding

(5) A document prepared for use in a proceeding must be headed with the style of proceeding set out on the most recent originating pleading to be filed in that proceeding, but in a document, other than an order or a document that starts a proceeding, if there is more than one party to the proceeding identified as a plaintiff or as any other classification of party, the style of proceeding may be abbreviated to show the name of the first party listed in that classification, followed by the words "and others".

Exception

(5.1) Subrule (5) does not apply to notices under Rule 25-2 (3) in Form P1.

[en. B.C. Reg. 103/2015, s. 3.]

Style of proceeding for class proceeding

(6) The style of proceeding for a proceeding must include the words "Brought under the Class Proceedings Act" immediately below the listed parties if

(a) it is intended, at the start of the proceeding, that a certification order will be sought in respect of the proceeding under the Class Proceedings Act, or

(b) in any other case, a certification order is subsequently granted in respect of the proceeding,

unless and until a certification order is refused in respect of the proceeding or the proceeding is decertified.

Rule 22-4 — Time

Computation of time

(1) Unless a contrary intention otherwise appears, if a period of less than 7 days is set out by these Supreme Court Civil Rules or in an order of the court, holidays are not counted.

Extending or shortening time

(2) The court may extend or shorten any period of time provided for in these Supreme Court Civil Rules or in an order of the court, even though the application for the extension or the order granting the extension is made after the period of time has expired.

Extending or shortening time respecting pleadings

(3) The period fixed by these Supreme Court Civil Rules or an order for serving, filing or amending a pleading or other document may