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| B.C. Reg. 168/2009 O.C. 302/2009 | Deposited July 7, 2009 effective July 1, 2010 |
[Last amended March 6, 2024 by B.C. Reg. 28/2024]
Part 21 — Special Rules for Certain Proceedings
(1) This rule applies if an action may be brought in rem against a ship or other property.
(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.
(3) An action in rem must be started by issuing a notice of civil claim in Form 81.
(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.
(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.
(6) In an action in rem, a response to civil claim may be filed in the name of the property named.
(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.
(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.
(9) If an affidavit to lead warrant is filed under subrule (8), a registrar may, after reading the affidavit,
(b) refer the matter to the court and the court may issue the warrant, subject to any directions that the court may give.
(10) A warrant to arrest under this rule must be in Form 84.
(11) The warrant must be served in the manner provided by subrule (5) by a person authorized to serve a writ of execution.
(12) The person who serves a warrant must file proof of service promptly after service is effected.
(13) The arrest of property that is authorized by the warrant to be arrested takes effect at the time the warrant is served.
(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.
(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.
(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.
(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
(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.
(19) A person who has filed a caveat may withdraw it by filing a notice to that effect in Form 86.
(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.
(21) An application under subrule (20) must be served on the caveator.
(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
(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.
(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.
(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
(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.
(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.
(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.
(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"
(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.
(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.
(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;
(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 the other ship's 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 the other ship's 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.
[am. B.C. Reg. 28/2024, Sch. A, s. 23.]
(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.
(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.
(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
(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
(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.
(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.
(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.
Repealed. [B.C. Reg. 149/2013, s. 4.]
Rule 21-6 — Wills, Estates and Succession Act Wills Variation Proceedings
(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).]
(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).]
(3) In a response to civil claim, a defendant may raise a claim under section 60 of the Wills, Estates and Succession Act on the defendant's own behalf, and any other party may serve a reply.
[am. B.C. Regs. 149/2013, s. 5 (b); 28/2024, Sch. A, s. 24.]
(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
(1) A proceeding for foreclosure of the equitable right to redeem mortgaged property or for redemption must be started by petition.
(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.
(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.
(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,
(4.1) A petitioner under this rule who serves a petition referred to in subrule (1) must include with the petition an informational notice for foreclosure proceedings in Form 125.
[en. B.C. Reg. 321/2021, Sch. 1, s. 5.]
(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 the respondent's 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).
[am. B.C. Reg. 28/2024, Sch. A, s. 25.]
(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.
(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.
(8) The court may order an inquiry to settle the terms of a 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.
(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.
(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
(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.]
(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.
(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.]
(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,
(b) give directions for the conduct of the first-mentioned application,
(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,
Rule 21-9 — Negligence Act Claims
(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.
(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.
Rule 22-1 — Chambers Proceedings
(1) In this rule, "chambers proceeding" includes the following:
(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 an associate judge, 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.
[am. B.C. Reg. 277/2023, Sch. 3, s. 1.]
(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.
(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.
(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
(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.
(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.
(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.
(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.
(9) Rules 8-4 and 8-5 apply to chambers proceedings.
(10) The hearing of a chambers proceeding may be adjourned from time to time by a registrar.
(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.
(1) An affidavit used in a proceeding must be filed.
(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
(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
(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
(ii) if the person swearing or affirming the affidavit is unable to sign the affidavit, places the person's 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).
[am. B.C. Reg. 28/2024, Sch. A, s. 26 (a).]
(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]..........
(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 that person's presence to the person swearing or affirming the affidavit who appeared to understand it.
[am. B.C. Reg. 28/2024, Sch. A, s. 26 (b).]
(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 the interpreter has interpreted the affidavit to the person swearing or affirming the affidavit.
[am. B.C. Reg. 28/2024, Sch. A, s. 26 (c).]
(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].......... .
(9) The following applies to an exhibit referred to in an affidavit:
(a) if the exhibit is a document that complies with Rule 22-3 (2) and does not exceed 10 pages, a true reproduction of the document must be attached to the affidavit and to all copies of the affidavit that are served;
(b) if the exhibit is a document that complies with Rule 22-3 (2) and exceeds 10 pages, the exhibit need not be filed with the affidavit, but must be made available for the use of the court and for the prior inspection of a party to the proceeding;
(c) if the exhibit is not a document that complies with Rule 22-3 (2), the exhibit must not be filed with the affidavit, but must be made available for the use of the court and for the prior inspection of a party to the proceeding.
[en. B.C. Reg. 321/2021, Sch. 1, s. 6.]
(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.
(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.
(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.
(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
(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.]
(14) With leave of the court, an affidavit may be used in evidence despite an irregularity in its form.
(15) An affidavit may be used in a proceeding even though it was made before the proceeding was started.
(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
(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.]
(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.
(3) Transcripts of oral evidence must conform to subrule (2).
(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.
(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".
(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.]
(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.
(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.
(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.
(3) The period fixed by these Supreme Court Civil Rules or an order for serving, filing or amending a pleading or other document may be extended by consent.
(4) In a proceeding in which judgment has not been pronounced and no step has been taken for one year, a party must not proceed until
(a) the expiration of 28 days after service, on all parties of record, of notice in Form 44 of that party's intention to proceed, and
(b) a copy of the notice of intention to proceed and proof of its service has been filed.
(5) Despite this rule, a defendant or respondent may apply to have a proceeding dismissed for want of prosecution without serving a notice of intention to proceed in Form 44.
(6) Attendance on an appointment before an official reporter within 1/2 hour following the time fixed for the appointment is a sufficient attendance.
Rule 22-5 — Multiple Claims and Parties
(1) Subject to subrule (6), a person, whether claiming in the same or different capacities, may join several claims in the same proceeding.
(2) Subject to subrule (6), a proceeding may be started by or against 2 or more persons in any of the following circumstances:
(a) if separate proceedings were brought by or against each of those persons, a common question of law or fact would arise in all the proceedings;
(b) a right to relief claimed in the proceedings, whether it is joint, several or alternative, is in respect of or arises out of the same transaction or series of transactions;
(3) Subject to any enactment or these Supreme Court Civil Rules or unless the court otherwise orders, a plaintiff or petitioner who claims relief to which any other person is jointly entitled must join as parties to the proceeding all persons so entitled, and any of them who do not consent to be joined as a plaintiff or petitioner must be made a defendant or respondent.
(4) If relief is claimed against a person who is jointly liable with some other person, the other person need not be made a party to the proceeding, but if persons may be jointly, but not severally, liable and relief is claimed against some but not all of those persons in a proceeding, the court may stay the proceeding until the other persons who may be liable are added as parties.
(5) It is not necessary that every party be interested in all the relief sought in a proceeding, but the court may order that a party be compensated for being required to attend, or be relieved from attending, a part of a trial or hearing in which that party has no interest.
(6) If a joinder of several claims or parties in a proceeding may unduly complicate or delay the trial or hearing of the proceeding or is otherwise inconvenient, the court may order separate trials or hearings or make any other order it considers will further the object of these Supreme Court Civil Rules.
(7) If a counterclaim or a third party proceeding ought to be disposed of by a separate proceeding, the court may so order.
(8) Proceedings may be consolidated at any time by order of the court or may be ordered to be tried at the same time or on the same day.
(9) A proceeding must not be defeated by reason of the misjoinder or nonjoinder of a party and the court may deal with the matter in controversy so far as it affects the rights and interests of the parties before it.
(1) A party to a proceeding
(b) having acted on the party's own behalf, may engage a lawyer to act, or
(c) having been represented by a lawyer, may discharge the lawyer and act on the party's own behalf,
but until copies of notice of the change in Form 110 or 111 have been filed and served on the other parties of record, the other parties are entitled to proceed on the basis that there has been no change of representation or address for service.
[am. B.C. Reg. 28/2024, Sch. A, s. 27.]
(2) If
(a) a lawyer for a party has died, cannot be found or for any reason is unable to practise, and
(b) the party has not given notice of change of lawyer or of intention to act in person in accordance with subrule (1),
the court, on the application of any other party of record, may order that the lawyer has ceased to be the lawyer of the first mentioned party.
(3) If a lawyer who has acted for a party to a proceeding has ceased to act and the party has not given a notice of change in accordance with subrule (1), the court, on the application of the lawyer, may declare that the lawyer has ceased to be the lawyer acting for the party and, if applicable,
(a) may declare that the lawyer's office is not the address for service of the party and give directions as to a new address for service, and
(b) may declare that the lawyer's fax number or e-mail address may no longer be used for service and give directions for a new fax number or e-mail address for service.
(4) As an alternative to proceeding under subrule (3), a lawyer who has ceased to act for a party who has not given a notice of change under subrule (1) may serve a notice of intention to withdraw in Form 112 on that party and on the other parties of record.
(5) If a party on whom a notice of intention to withdraw is served under subrule (4) wishes to object to the withdrawal, the party must, within 7 days after service,
(6) A lawyer who serves a notice of intention to withdraw under subrule (4) on all parties of record to a proceeding may file a notice of withdrawal of lawyer in Form 114 if no objection, notice of change of lawyer or notice of intention to act in person is filed within 7 days after service of the notice of intention to withdraw.
(7) If a lawyer files a notice of withdrawal of lawyer under subrule (6), the lawyer ceases to be the party's lawyer when the notice has been served on all parties of record.
(8) After a lawyer ceases under subrule (7) to be a party's lawyer, the party's address for service is, until that address is changed under Rule 4-1 (3), the address set out in the notice of withdrawal of lawyer filed under subrule (6) of this rule.
(9) If, within the 7 day period referred to in subrule (6), an objection is filed in the registry, the lawyer may apply, on notice to each party who has filed an objection, for an order under subrule (3).
(10) If personal service of a notice of intention to withdraw cannot be made in accordance with Rule 4-3 (2) on a party for whom the lawyer acts, the lawyer may apply for an order under Rule 4-4 allowing service by an alternative method.
(11) An applicant who obtains an order under subrule (2) or (3) must serve a copy of the entered order on all parties of record and, until it is served, a party is entitled to proceed on the basis that there has been no change of lawyer or address for service.
Rule 22-7 — Effect of Non-compliance
(1) Unless the court otherwise orders, a failure to comply with these Supreme Court Civil Rules must be treated as an irregularity and does not nullify
(2) Subject to subrules (3) and (4), if there has been a failure to comply with these Supreme Court Civil Rules, the court may
(a) set aside a proceeding, either wholly or in part,
(b) set aside any step taken in the proceeding, or a document or order made in the proceeding,
(c) allow an amendment to be made under Rule 6-1,
(d) dismiss the proceeding or strike out the response to civil claim and pronounce judgment, or
(e) make any other order it considers will further the object of these Supreme Court Civil Rules.
(3) The court must not wholly set aside a proceeding on the ground that the proceeding was required to be started by an originating pleading other than the one employed.
(4) An application for an order under subrule (2) (a), (b) or (d) must not be granted unless the application is made
(a) within a reasonable time, and
(b) before the applicant has taken a fresh step after knowledge of the irregularity.
(5) Without limiting any other power of the court under these Supreme Court Civil Rules, if a person, contrary to these Supreme Court Civil Rules and without lawful excuse,
(a) refuses or neglects to obey a subpoena or to attend at the time and place appointed for the person's examination for discovery,
(b) refuses to be sworn or to answer any question put to the person,
(c) refuses or neglects to produce or permit to be inspected any document or other property,
(d) refuses or neglects to answer interrogatories or to make discovery of documents, or
(e) refuses or neglects to attend for or submit to a medical examination,
then
(f) if the person is the plaintiff or petitioner, a present officer of a corporate plaintiff or petitioner or a partner in or manager of a partnership plaintiff or petitioner, the court may dismiss the proceeding, and
(g) if the person is a defendant, respondent or third party, a present officer of a corporate defendant, respondent or third party or a partner in or manager of a partnership defendant, respondent or third party, the court may order the proceeding to continue as if no response to civil claim or response to petition had been filed.
[am. B.C. Reg. 28/2024, Sch. A, s. 28.]
(6) If a person, without lawful excuse, refuses or neglects to comply with a direction of the court, the court may make an order under subrule (5) (f) or (g).
(7) If, on application by a party, it appears to the court that there is want of prosecution in a proceeding, the court may order that the proceeding be dismissed.
(1) The power of the court to punish contempt of court must be exercised by an order of committal or by imposition of a fine or both.
(2) If a corporation wilfully disobeys an order against the corporation, the order may be enforced by one or more of the following:
(a) imposition of a fine on the corporation;
(b) committal of one or more directors or officers of the corporation;
(c) imposition of a fine on one or more directors or officers of the corporation.
(3) Instead of or in addition to making an order of committal or imposing a fine, the court may order a person to give security for the person's good behaviour.
(4) A person who is guilty of an act or omission described in Rule 12-5 (25) or 22-7 (5), in addition to being subject to any consequences prescribed by those rules, is guilty of contempt of court and subject to the court's power to punish contempt of court.
(5) If the court is of the opinion that a person may be guilty of contempt of court, it may order, by warrant in Form 115 directed to a sheriff or other officer of the court or to a peace officer, that the person be apprehended and brought before the court.
(6) If a person referred to in subrule (5) is apprehended and brought before the court, the court in a summary manner may adjudge the innocence or guilt of the person and punish the person for the contempt, if any, or may give the directions it thinks fit for the determination of the person's innocence or guilt and punishment.
(7) If the court is of the opinion that a corporation may be guilty of contempt of court, it may order, by its warrant in Form 115 directed to a sheriff or other officer of the court or to a peace officer, that any director, officer or employee of the corporation be apprehended and brought before the court.
(8) If a director, officer or employee referred to in subrule (7) is apprehended and brought before the court, the court in a summary manner may adjudge the innocence or guilt of the corporation and punish the corporation for the contempt, if any, or may give the directions it thinks fit for the determination of the corporation's innocence or guilt and the punishment to be imposed.
(9) The court may order the release of a person apprehended under subrule (5) or (7) on receiving an undertaking in Form 116 from that person.
(10) A release order under subrule (9) must be in Form 117.
(11) A party applying for an order for contempt must serve the alleged contemnor with a copy of the filed notice of application and all filed affidavits in support of it at least 7 days before the hearing of the application.
(12) An application under subrule (11) must be supported by affidavit setting out the conduct alleged to be contempt of court.
(13) The court may give directions as to the mode of hearing the application, including an order that the matter be transferred to the trial list under Rule 22-1 (7) (d).
(14) If the court is satisfied that a person has actual notice of the terms of an order of the court, it may find the person guilty of contempt for disobedience of the order, even though the order has not been served on the person.
(15) The court at any time may direct that the punishment for contempt be suspended for the period or on the terms or conditions the court may specify.
(16) The court, on application by or on behalf of a person committed to prison for contempt, may discharge that person even though the period of the committal may not have elapsed.
(17) If the court orders a person be committed without specifying in days, weeks or months the period of the committal, the sheriff must bring that person before the court at intervals of not more than 7 days, in order that the court may review the committal and determine whether relief as set out in subrule (15) or (16) should be granted.
Rule 22-9 — Vexatious Litigants
(1) If an order has been made that a person must not, without leave of the court, start a proceeding or file an application or other document in an existing proceeding, the person may apply for leave by filing a requisition in Form 117.1 to which is attached
(a) a copy of the pleading, application or document which the person seeks leave to file, and
(b) a copy of the order requiring the person to obtain leave of the court.
[en. B.C. Reg. 239/2023, Sch. 1, s. 5.]
(2) Subject to subrule (3), a person applying for leave under subrule (1) need not serve the requisition referred to in subrule (1) on any other person.
[en. B.C. Reg. 239/2023, Sch. 1, s. 5.]
(3) On an application for leave under subrule (1), the court may do one or more of the following:
(a) grant or refuse the request for leave;
(b) require that the person or lawyer appear in person to speak to the application, with or without notice to any other person;
(c) make any order or give any other directions the court considers will further the object of these Supreme Court Civil Rules.
[en. B.C. Reg. 239/2023, Sch. 1, s. 5.]
Part 23 — Court and Registry Matters
Rule 23-1 — Registry Operations
(1) Unless otherwise provided by an enactment, a person may, on payment of the proper fees, obtain from the registry a copy of a document on file in a proceeding.
(2) Except on Saturdays, holidays and those days that are prescribed by the Lieutenant Governor in Council as holidays for the Public Service of British Columbia, the registry is to be kept open to the public for the transaction of business from 9 a.m. until 4 p.m.
(3) The hours of attendance by a registrar and the registry staff are from 8:30 a.m. until 4:30 p.m.
(4) If a registry has insufficient staff to allow continuous staff attendance at the lunch hour, the Chief Justice may, in writing, authorize that registry to close.
(5) In each registry, the seal of the court must be stamped on every
(a) notice of civil claim, and
(b) other document requiring a seal
issued from or filed in that registry.
(6) The name of the registry must be written or stamped on the face of every document issued from or filed or recorded in that registry.
(7) If the signature or endorsement of a registrar is required on a document, the document is deemed to have been signed or endorsed by the registrar if the document is signed or endorsed by a person appointed for that purpose by the registrar.
(8) In case of urgency, the court may order that a registry be opened for the purpose of commencing a proceeding or for some other good reason.
(9) Unless these Supreme Court Civil Rules otherwise provide, if a person wishes a registrar to perform some act under these Supreme Court Civil Rules,
(a) the person must make the request by requisition in Form 17 unless these Supreme Court Civil Rules otherwise provide, and
(b) the registrar may discard the requisition after the required act has been done.
(10) If an application ought to be made to, or any jurisdiction ought to be exercised by, the judge by whom a proceeding has been tried or partly tried, or heard or partly heard, then, if that judge dies or ceases to be a judge of the court during or after the trial or hearing, or if for any other reason it is impossible or inconvenient for that judge to act in the proceeding, the Chief Justice or next senior judge of the court may, either by a special order or by a general order, nominate some other judge to whom the application may be made or by whom the jurisdiction may be exercised.
(11) Without limiting subrule (10), the other judge nominated under that subrule may
(a) order that the proceeding be restored to the proper registry for retrial or rehearing,
(b) if, on the original trial or hearing, evidence was given orally, direct that the retrial or rehearing be on
(i) an official transcript of that evidence,
(ii) transcript, evidence given orally and evidence given by affidavit,
as in the judge's opinion the circumstances of the case require, and
(c) dispose of the costs of the original trial or hearing and of the costs of furnishing any copies of the transcript of the evidence, or refer the question of costs to the judge presiding at the retrial or rehearing.
[am. B.C. Reg. 176/2023, Sch. 1, s. 19.]
(12) Directions for a retrial or rehearing that include a direction for the use of the transcript of the evidence do not limit or restrict the power of the judge presiding at the retrial or rehearing to permit in the judge's discretion the recalling of any witness called at the original trial or hearing, or to receive other or additional evidence.
[am. B.C. Reg. 176/2023, Sch. 1, s. 19.]
(13) At any time after a proceeding is started, the court may on application order the proceeding to be transferred from the registry in which it is being conducted to any other registry of the court for any or all purposes.
(1) This rule applies only to those proceedings that are filed at the Chilliwack, Cranbrook, Dawson Creek, Kamloops, Kelowna, Nelson, Penticton, Prince George, Prince Rupert, Rossland, Salmon Arm, Smithers, Terrace, Vernon or Williams Lake registry of the court.
[am. B.C. Reg. 321/2021, Sch. 1, s. 7.]
(2) Subject to this rule, a person wishing to file a document may transmit that document by fax to the applicable court registry.
(3) A document may be transmitted by fax to a registry for filing if
(a) the document is transmitted to the appropriate registry at the fax number designated for that registry by a practice direction of the Chief Justice,
(i) sent under cover of a fax cover sheet in Form 118, and
(ii) accompanied by payment of the applicable filing fees, and
(4) The following documents may not be transmitted by fax to a registry for filing:
(a) any document pertaining to the following:
(iii) reciprocal enforcement of orders under the Court Order Enforcement Act;
(b) any of the following documents:
(i) a certified copy of any document being filed for enforcement purposes;
(ii) an application record or a petition record;
(iv) a proof of marriage from a foreign jurisdiction;
(v) a certificate of judgment;
(vi) a certificate of pending litigation;
(vii) an affidavit of service submitted for filing in support of a default order;
(c) any of the following documents, unless their submission by fax is authorized by the Manager, Supreme Court Scheduling of the receiving registry:
(iii) and (iv) Repealed. [B.C. Reg. 119/2010, Sch. A, s. 37 (b).]
(v) a requisition to reset a hearing or trial;
(vi) a notice of case planning conference in Form 19;
(d) a document that, with the fax cover sheet, exceeds 30 pages in length, unless its submission by fax is authorized by a registrar.
[am. B.C. Reg. 119/2010, Sch. A, s. 37.]
(5) A document that is transmitted by fax to a registry for filing in accordance with subrule (3) and that is approved for filing by the registrar is filed as follows:
(a) the document is filed on the day it is received by the registry if any of the document, other than the fax cover sheet, is received at the fax machine of the registry at or before 4 p.m. on a day on which the registry is open for business;
(b) the document is filed on the next day on which the registry is open for business in any other case.
(6) After a document is received at the fax machine of the registry, a registrar must do the following in accordance with subrule (7):
(a) if the document was transmitted for filing in accordance with subrule (3) and was approved for filing by the registrar, provide to the person identified as the submitting party on the fax cover sheet
(i) confirmation of the fees paid, and
(ii) the first page of the filed document, bearing the registry stamp and file number;
(b) if the document was not transmitted for filing in accordance with subrule (3), or was not approved for filing by the registrar, provide to the person identified as the submitting party on the fax cover sheet
(i) a notice that the document has not been filed and the reasons for non-acceptance, and
(7) For the purposes of subrule (6), a registrar may provide the documents referred to in that subrule to the person identified as the submitting party on the fax cover sheet
(a) by transmitting those documents by fax to the fax number shown on the fax cover sheet as the fax number for the submitting party, or
(b) in any other manner the registrar considers appropriate.
(8) The court may require that the original of a document that has been filed under this rule be produced.
(1) In this rule:
"electronic document" means a document that has been transmitted for filing electronically;
"electronic services agreement" means an agreement referred to in subrule (3);
"registered user" means a person who has entered into an electronic services agreement.
(2) In the event of a conflict between this rule and another rule, this rule applies.
(3) A person wishing to file documents in a registry under this rule must
(a) enter into an agreement with the Court Services Branch of the Ministry of Attorney General respecting the terms and conditions under which those filings may be made, and
(b) submit documents for filing in accordance with that agreement.
[am. B.C. Regs. 27/2013, Sch. 2, s. 13; 99/2018, Sch. 2, s. 16.]
(4) A registered user may electronically transmit a document to a registry for filing if
(a) the document is accompanied by payment of the applicable filing fees, and
(5) The following documents may not be transmitted for filing electronically:
(a) any document pertaining to the reciprocal enforcement of orders under the Court Order Enforcement Act;
(b) any of the following documents:
(i) a certified copy of any document being filed for enforcement purposes;
(ii) an application record, a petition record or a hearing record;
(iv) a proof of marriage from a foreign jurisdiction, unless such proof is issued electronically;
(v) a certificate of judgment;
(vi) a certificate of pending litigation;
(vii) an affidavit, filed under Rule 12-5 (59), that constitutes the evidence in chief of a witness;
(viii) an originally signed version of a physical will, as defined in Rule 25-1 (1).
[am. B.C. Regs. 120/2014, s. 6; 115/2019, s. 3; 250/2021, s. 1.]
(6) An affidavit or other signed document that is being filed for evidentiary purposes, if submitted for filing electronically, must clearly identify the signatory and must be accompanied by a statement, in Form 119, of the lawyer acting for the person on whose behalf the document is submitted for filing or, if that person is unrepresented, by a statement of that person, in Form 119, indicating that
(a) the original paper version of the document appears to bear an original signature of the person identified as the signatory and the person making the Form 119 statement has no reason to believe that the signature placed on the document is not the signature of the identified signatory, and
(b) the version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and the person making the Form 119 statement has no reason to believe that it is not a true copy of the original paper version.
(7) A person who, under subrule (6), submits a document for filing in a proceeding must
(a) keep the original paper version of the document until the earliest of
(i) the date on which the proceeding, including any appeals, is finally disposed of,
(ii) the date on which the appeal period for that proceeding has expired if no notice of appeal respecting the proceeding has been filed within that period, and
(iii) the date on which a registrar requests that the original paper version be filed, and
(b) if a request is made under paragraph (a) (iii), file the original paper version promptly after that request is made.
(8) If a document in paper form is filed with a registrar, the registrar may convert the document into electronic form and, in that event, the registrar must
(a) store the conversion in a computer or in another electronic system that the registrar considers appropriate, and
(9) A person who submits a document referred to in subrule (6) for filing electronically must, on request, make the original paper version of that document available for inspection by other parties or their lawyer and by the court.
(10) A person who is entitled to inspect a document under subrule (9) may, if that inspection is denied, file a requisition in Form 17 to request that the original paper version of the document be filed and, promptly after receipt of that requisition, the registrar must make a request under subrule (7) (a) (iii).
(11) Rule 22-2 continues to apply to affidavits filed under this rule, but, in the event of a conflict between this rule and Rule 22-2 in respect of those affidavits, this rule prevails.
(12) For the purposes of these Supreme Court Civil Rules other than subrule (6) of this rule, a document is deemed to have been originally signed if it has been electronically authenticated in the manner contemplated by the applicable electronic services agreement.
(13) If a document that has been transmitted for filing electronically is accepted for filing by a registrar, the document is deemed to have been filed as follows:
(a) if the document is received by the registry at or before 4 p.m. on a day that is not a Saturday or a holiday, the document is deemed to be filed on the day of receipt;
(b) if the document is received by the registry on a Saturday or holiday or after 4 p.m. on any other day, the document is deemed to be filed on the next day that is not a Saturday or a holiday.
(14) After a document that has been transmitted for filing electronically is accepted for filing by a registrar, the registrar must affix an electronic version of the registry stamp to the document and, after that, must provide a copy of the stamped electronic document, in the manner contemplated by the electronic services agreement, to the person who transmitted the document for filing.
(15) After a registrar provides an electronic acceptance of a notice of civil claim under subrule (14), the notice of civil claim is deemed to have been sealed by the registrar.
(16) After a document has been filed under this rule, a person who is otherwise entitled to view and obtain a copy of the document may, on payment of the proper fee,
(a) obtain from the registry a paper copy of the document,
(b) if a public access computer terminal is available in the registry, view the document on that terminal or, if the document is not available for viewing on that terminal, view on that terminal the information about the document or its contents, if any, that is available on that terminal, or
(c) if the person is a registered user, access the document in accordance with the terms of the electronic services agreement entered into by that person.
(17) A document that may or must be served on a person may, if it is an electronic document, be served on the person as follows:
(a) if the person has provided an e-mail address for service, by e-mailing it to that person's e-mail address for service;
(b) if the lawyer for the person has provided an e-mail address for service, by e-mailing it to that lawyer's e-mail address for service;
(c) if paragraph (a) or (b) applies and, under these Supreme Court Civil Rules, multiple copies of the document are to be served, the serving party need serve only a single electronic copy of the document.
(18) Even though a document has been served in accordance with subrule (17), a person may show, on an application to set aside the consequences of default, on an application for an extension of time or on an application in support of a request for an adjournment, that the document
(a) did not come to the person's notice,
(b) did come to the person's notice later than when it was served or effectively served, or
(1) In this rule, unless the context otherwise requires:
"financial institution" means a bank, credit union or trust company designated by the minister;
"funds" means any money that has been paid into or deposited in court, except money paid
(a) under the Court Order Enforcement Act,
(c) in satisfaction of a claim, or
"minister" means the Minister of Finance;
"securities" means any bonds, stocks, shares, debentures or other securities.
(2) All funds must be deposited promptly in a financial institution by a registrar and must, after that, be paid by the registrar to the minister, accompanied by
(a) a certified copy of the order directing payment in, or
(b) if the funds have been paid into court without an order, a statement showing the particulars of the payment in.
(3) All securities deposited in court must be accompanied
(a) by a certified copy of the order directing deposit in court and listing the securities, or
(b) if the securities are deposited without an order listing the securities, by a statement listing the securities.
(4) Promptly after securities are deposited in court, a registrar must transmit those securities to the minister
(a) by registered mail, insured to the extent of the securities' par value, or
(b) through a financial institution,
together with a certified copy of the order or the statement.
(5) Funds and securities must be paid out or delivered, on authority of an order of the court, on production of a certified copy of the order or authorization by a registrar for payment out, and must be paid or delivered to the person named in the order or authorization.
(6) All funds held in court draw interest, payable by the minister, for each 6 month period after December 31, 1992, at 2% below the prime lending rate of the banker to the government on January 1 and July 1 respectively in each year, with interest to be compounded on January 1 and July 1 in each year.
(7) The interest paid under this rule is instead of any interest earned on an investment made by the minister under subrule (10).
(8) Interest under subrule (6) is payable on all funds up to $100 000 from the first day of the month following payment into court until the last day of the month before payment out of court, and on all funds in excess of $100 000 from the date of payment into court until the date of payment out.
(9) For the purpose of segregating the funds from other money held by the minister, the minister must create an account in the treasury designated "Investments, Supreme Court Act", and the funds held in this account
(b) must, at all times, be substantially equal to the funds held by the minister under this rule.
(10) The minister may
(a) invest as the minister sees fit all or any part of the funds, and
(b) convert securities into money.
[am. B.C. Reg. 176/2023, Sch. 1, s. 20.]
(11) If, by an order of the court, funds are directed to be dealt with, delivered or paid out, the order is a direction to the minister to that effect.
(12) Money paid into court, other than funds, must be deposited by a registrar in a financial institution and be paid out in accordance with the existing practice of the court, but the registrar must pay to the minister all moneys that have been on deposit for more than 2 years.
(13) Money paid to the minister under this rule must be held by the minister in the same manner as funds deposited under subrule (2), except as to payment of interest.
(14) In a proceeding in which a sum of money or a security is awarded to a person under a disability, the court may, at or after the trial, order that the whole or any part of the sum or the security be paid,
(a) if the person is an infant, to the Public Guardian and Trustee in trust for the infant, or
(b) in any other case, into court to the credit of the person.
(15) If a sum of money or a security is paid into court under subrule (14) (b), the sum or the security may be paid out of court as the court may direct.
(16) When money is paid into court to the credit of an infant, a copy of the birth certificate of the infant, or other proof to the satisfaction of a registrar of the name and date of birth of the infant, must be filed, unless the registrar dispenses with the filing.
(17) In support of an application for payment out of money paid in under subrule (16), the applicant must file a declaration in Form 120.
Rule 23-5 — Sittings and Hearings
(1) The court must dispose of the business before it at the times and in the places the Chief Justice directs.
(2) In case of urgency, an application may be made personally to a judge, to an associate judge or to a registrar.
[am. B.C. Reg. 277/2023, Sch. 3, s. 1.]
(3) In case of urgency, or if the court or a registrar considers it appropriate to do so, the court or the registrar, as the case may be, may conduct a hearing and make an order or decision by telephone, video conference or other communication medium.
[en. B.C. Reg. 65/2013, Sch. A, s. 3 (a).]
(4) On application by a party or on its own initiative, the court may direct
(a) that an application be heard in person or by way of telephone, video conference or other communication medium, and
(b) the manner in which the application is to be conducted.
[am. B.C. Reg. 176/2023, Sch. 1, s. 21 (a).]
(4.1) On application by a party or on a registrar's own initiative, a registrar may direct
(a) that a hearing before a registrar be heard in person or by way of telephone, video conference or other communication medium, and
(b) the manner in which the hearing is to be conducted.
[en. B.C. Reg. 65/2013, Sch. A, s. 3 (b); am. B.C. Reg. 176/2023, Sch. 1, s. 21 (a).]
(5) An application under subrule (4) or (4.1) for a direction that an application or a hearing before a registrar be heard in person or by way of telephone, video conference or other communication medium must be made by requisition in Form 20.1.
[en. B.C. Reg. 176/2023, Sch. 1, s. 21 (b).]
Rule 23-6 — Associate Judges, Registrars and Special Referees
(1) Without limiting any other powers of an associate judge under these Supreme Court Civil Rules, an associate judge hearing an application has the powers of the court set out in Rules 8-5 (6) to (8) and 22-1 (2) to (8).
[am. B.C. Reg. 277/2023, Sch. 3, s. 1.]
(2) An associate judge has the powers and jurisdiction of a registrar under these Supreme Court Civil Rules.
[am. B.C. Reg. 277/2023, Sch. 3, s. 2.]
(3) Repealed. [B.C. Reg. 149/2013, s. 7.]
(3.1) Before attending a registrar's hearing started by the filing of an appointment, the person taking out the appointment (in this subrule called 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, a hearing record as follows:
(a) the hearing record must be in a ring binder or in some other form of secure binding;
(b) the hearing 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 persons served with the appointment (in this subrule called the "respondents");
(iii) a copy of the filed appointment and of every document that, under these rules, is required to be filed with that appointment;
(iv) a copy of the affidavit of service of the appointment, which copy must not include the exhibits to the affidavit;
(v) if the appointment is to settle an order under Rule 13-1, a copy of the reasons for judgment on which the order is based, a transcript of the order made or a copy of the clerk's notes from the hearing;
(vi) if the appointment is to assess costs under Rule 14-1, a copy of the entered order for costs;
(vii) if the appointment has been filed under Rule 18-1, a copy of the entered order referring the matter to the registrar;
(viii) a copy of every filed affidavit and pleading, and of every other document, that is to be relied on at the hearing;
(c) the hearing record may contain
(i) a draft of the proposed report or certificate, and
(d) the hearing record must not contain
(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 the applicant and the respondents.
[en. B.C. Reg. 65/2013, Sch. A, s. 4.]
(3.2) Rule 8-1 (17), (19) and (20) applies to a hearing record and, for that purpose, a reference in Rule 8-1 (17), (19) or (20) to "application record" is a reference to a hearing record and a reference to an "applicant" and an "application respondent" is a reference to the applicant and respondent to the registrar's hearing respectively and a reference to the "hearing of the application" is a reference to the hearing of the registrar's hearing.
[en. B.C. Reg. 65/2013, Sch. A, s. 4.]
(4) A registrar may, in respect of any registrar's hearing, whether before that registrar or any other registrar,
(a) extend, shorten or limit the time for any step in the registrar's hearing,
(b) exercise the powers that, under Rules 22-1 (2) and (3) and 23-5 (4), may be exercised by the court,
(c) exercise the powers set out in Rule 18-1 (5), and
(d) direct the parties to attend a pre-hearing conference.
[am. B.C. Reg. 112/2012, Sch. A, s. 5.]
(5) Without limiting Rule 18-1 (5), a registrar conducting a pre-hearing conference may give directions for the conduct of any registrar's hearing, whether or not that registrar's hearing is before the registrar conducting the pre-hearing conference, including, without limitation, directions respecting the following:
(a) the production of documents;
(b) oral examinations for discovery;
(c) service of notices to admit;
(d) service of experts' reports;
(f) any other matter that may assist in the just and efficient determination of the issues.
(6) If a matter appears to an associate judge to be proper for the decision of a judge, the associate judge may refer it to a judge, and the judge may either dispose of the matter or refer it back to the associate judge with directions.
[am. B.C. Reg. 277/2023, Sch. 3, ss. 1 and 6.]
(7) If a matter appears to a registrar to be proper for the decision of a judge or associate judge, the registrar may refer it to a judge or associate judge, and the judge or associate judge may either dispose of the matter or refer it back to the registrar with directions.
[am. B.C. Reg. 277/2023, Sch. 3, s. 5.]
(8) Repealed. [B.C. Reg. 104/2019, s. 4.]
(8.1) An appeal from an order of a decision of an associate judge, registrar or special referee must be brought by filing a notice of appeal in Form 121 within 14 days after the order or decision is made.
[en. B.C. Reg. 104/2019, s. 4; am. B.C. Reg. 277/2023, Sch. 3, s. 1.]
(8.2) A copy of the filed notice of appeal and of the appellant's statement of argument, in Form 121.1, must be served on the respondent(s) within 7 days after notice of appeal being filed.
[en. B.C. Reg. 104/2019, s. 4.]
(8.3) A respondent who wishes to oppose the appeal must file a notice of interest in Form 70.
[en. B.C. Reg. 104/2019, s. 4.]
(8.4) A copy of the notice of interest and of the respondent's statement of argument in the form set out in Form 121.2 must be delivered to the appellant within 14 days of the notice of appeal and appellant's statement of argument being served.
[en. B.C. Reg. 104/2019, s. 4.]
(8.5) If the order or decision from which the appeal is taken was pronounced orally rather than issued in writing, the appellant must order a transcript of the presider's reasons for judgment or decision within 14 days after the order or decision is issued.
[en. B.C. Reg. 104/2019, s. 4.]
(8.6) If the appeal is taken from an order or decision following a hearing in which oral evidence is taken, in addition to a transcript of the reasons for judgment or decision, the appellant must order a transcript of the oral evidence within 14 days after the order or decision is issued.
[en. B.C. Reg. 104/2019, s. 4.]
(8.7) If the hearing of an appeal will require more than 2 hours, the date and time of the hearing must be fixed by Supreme Court Scheduling, and if the hearing of the appeal will require 2 hours or less, it may be set on the chambers list on a date not before the expiry of the time for delivery of the respondent's notice of interest and statement of argument.
[en. B.C. Reg. 104/2019, s. 4.]
(8.8) The appellant must provide to the registry where the hearing of the appeal is to take place, no earlier than 9 a.m. and no later than 4 p.m. on the business day that is one full business day before the date set for the hearing, an appeal record as follows:
(a) the appeal record must be in a ring binder or in some other form of secure binding;
(b) the appeal record must contain
(iii) a copy of the notice of appeal,
(iv) a copy of the order of the associate judge or decision of the registrar or special referee that is subject to the appeal,
(v) a copy of the written reasons for judgment of the associate judge, or reasons for decision of the registrar or special referee, or, if the reasons were given orally, a transcript of the reasons,
(vi) a copy of the notice of application and application response, and for registrars' appeals, a copy of the appointment,
(vii) copies of any affidavits that were before the associate judge, registrar or special referee that will be relied on for the appeal,
(viii) a transcript of any oral evidence heard by the associate judge, registrar or special referee to be relied on for the appeal,
(ix) the appellant's statement of argument, not to exceed 10 pages, and
(x) the respondent's statement of argument, not to exceed 10 pages.
[en. B.C. Reg. 104/2019, s. 4; am. B.C. Reg. 277/2023, Sch. 3, s. 6.]
(8.9) Unless the court otherwise orders, the appellant must retrieve the appeal record at the conclusion of the hearing or, if the appeal is adjourned to a date later than the following business day, after the hearing is adjourned.
[en. B.C. Reg. 104/2019, s. 4.]
(8.10) If the circumstances of an appeal require, the timelines and document filing requirements may be abridged, extended or modified by order under Rule 22-4 (2).
[en. B.C. Reg. 104/2019, s. 4.]
(9)-(10) Repealed. [B.C. Reg. 104/2019, s. 4.]
(11) An appeal from the decision of an associate judge or registrar is not a stay of proceeding unless so ordered by the court or the associate judge.
[am. B.C. Reg. 277/2023, Sch. 3, ss. 1 and 6.]
Part 23.1 — Method of Attendance and Application Record Pilot Projects
Rule 23.1-1 — Method of Attendance Pilot Project
(1) Without limiting Rule 23-5 (2), (3), (4) or (4.1), the Chief Justice may direct that a class of applications, conferences or hearings may or must be attended by way of telephone, video conference or other communication medium.
[en. B.C. Reg. 236/2022, Sch. 1, s. 1.]
(2) A direction made under subrule (1) may be different for different registries, types of applications, conferences or hearings, classes of persons or circumstances.
[en. B.C. Reg. 236/2022, Sch. 1, s. 1.]
(3) Despite a direction made under subrule (1), on application by a party or on its own initiative, the court may order that an application, conference or hearing be attended in person.
[en. B.C. Reg. 236/2022, Sch. 1, s. 1.]
(4) An application under subrule (3) for an order that an application, conference or hearing be attended in person must be made by requisition in Form 20.1.
[en. B.C. Reg. 236/2022, Sch. 1, s. 1; am. B.C. Reg. 176/2023, Sch. 1, s. 22.]
(5) A direction made under subrule (1) applies despite any provision of these Supreme Court Civil Rules that requires in-person attendance.
[en. B.C. Reg. 236/2022, Sch. 1, s. 1.]
Rule 23.1-2 — Electronic Transmission of Application Record Pilot Project
(1) Despite Rule 23-3 (4) (b) and (5) (b) (ii), the Chief Justice may direct that the application record for an application in a class of applications may or must be transmitted electronically to a registry.
[en. B.C. Reg. 236/2022, Sch. 1, s. 1.]
(2) A direction made under subrule (1) may be different for different registries, types of applications, classes of persons or circumstances.
[en. B.C. Reg. 236/2022, Sch. 1, s. 1.]
(3) Rule 8-1 (15) (a) and (d), (19) and (20) does not apply to an application record that is transmitted electronically.
[en. B.C. Reg. 236/2022, Sch. 1, s. 1.]
Rule 24-1 — Transitional Pleadings
(1) In this Part:
"address for delivery", "appearance", "requisition", "statement of claim", "statement of defence" and "writ of summons" have the same meanings as they had in the former Supreme Court Rules;
"transitional proceeding" means a proceeding that was started before July 1, 2010.
(2) A transitional proceeding is deemed to be a proceeding started under these Supreme Court Civil Rules.
(3) If the person who started a transitional proceeding did so by filing a writ of summons or a writ of summons and statement of claim,
(a) the person is deemed to be the plaintiff in the proceeding, and
(b) the writ of summons is, or the writ of summons and statement of claim collectively are, deemed to be the notice of civil claim in the proceeding.
(4) If the person who started a transitional proceeding did so by filing a requisition,
(a) the person is deemed to be the plaintiff in the proceeding, and
(b) the requisition is deemed to be the notice of civil claim in the proceeding.
(5) If the person who started a transitional proceeding did so by filing a petition,
(a) the person is deemed to be the petitioner in the proceeding, and
(b) the petition is deemed to be the petition in the proceeding.
(6) If a person filed, in a transitional proceeding referred to in subrule (3) or (4), an appearance with or without a statement of defence, statement of defence to counterclaim or statement of defence to third party notice, as the case may be,
(a) the person is deemed to be a defendant, defendant by way of counterclaim or third party, as the case may be, in the proceeding, and
(b) the appearance is, or, if the person filed both an appearance and a statement of defence, statement of defence to counterclaim or statement of defence to third party notice, as the case may be, the filed documents collectively are, deemed to be a response to civil claim, response to counterclaim or response to third party notice, as the case may be, in the proceeding.
(7) If a person filed, in a transitional proceeding referred to in subrule (5), an appearance,
(a) the person is deemed to be a petition respondent, within the meaning of Rule 16-1, in the proceeding, and
(b) the appearance is deemed to be a response to petition in the proceeding.
(8) If a person filed, in a transitional proceeding, a counterclaim, third party notice or reply, that document is deemed to be a pleading in the proceeding.
(9) Unless the court otherwise orders, if, before July 1, 2010, a person filed a writ of summons, with or without a statement of claim, and that document has not, or those documents have not, been served on a person named as a defendant in the transitional proceeding started by that filing, Rule 3-2 applies to the filed document or documents.
(10) A party to a proceeding referred to in this rule may, by demand in Form 122, demand that a document that is deemed under this rule to be a pleading, petition or response to petition be amended by the party who filed it to make it accord with these Supreme Court Civil Rules.
(11) If a demand is served under subrule (10), the party on whom the demand is served must, within 21 days after service, amend the deemed pleading, petition or response to petition to make it accord with these Supreme Court Civil Rules, and that amendment does not constitute an amendment for the purposes of Rule 6-1 (1) (a).
(12) If a demand is served under subrule (10) of this rule and the party on whom the demand is served does not make the amendments required under subrule (11) within the period referred to in that subrule, the demanding party may apply to the court for an order to strike the deemed pleading, petition or response to petition of the party on whom the demand is served.
(13) For the purposes of Rule 4-1 of these Supreme Court Civil Rules, until a new address for service is provided for a party to a proceeding referred to in this rule, the party is deemed to have, as an address for service in the proceeding, that party's address for delivery under the former Supreme Court Rules.
(14) If a step in a proceeding is taken before July 1, 2010, the former Supreme Court Rules apply to any right or obligation arising out of or relating to that step if and to the extent that that right or obligation is to have effect before September 1, 2010.
(15) If the trial of a transitional proceeding is scheduled to begin before October 1, 2010,
(a) a trial management conference may be held in the transitional proceeding at any time, or
(b) if a trial management conference was not required to be held in relation to the transitional proceeding under the former Supreme Court Rules, the trial may proceed without a trial management conference.
(16) If there is any dispute in relation to the procedure to be applied to or followed in a proceeding referred to in this rule, any party may seek directions.
Contents | Parts 1 to 9 | Parts 10 to 20 | Parts 21 to 24 | Part 25 | Appendix A | Appendix A.1 | Appendix B | Appendix C
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