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"Point in Time" Regulation Content

Court Rules Act

Supreme Court Civil Rules

B.C. Reg. 168/2009

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Rule 1-1 July 1, 2010
March 18, 2013
March 31, 2014
April 4, 2022
October 3, 2022
September 1, 2023
January 15, 2024
Rule 1-2 July 1, 2010
Rule 2-1 July 1, 2010
March 31, 2014
July 1, 2019
Rule 2-2 July 1, 2014
Rule 3-3 July 1, 2011
July 1, 2012
Rule 3-4 July 1, 2010
Rule 3-5 July 1, 2010
April 4, 2022
Rule 3-8 July 1, 2010
July 1, 2011
January 15, 2024
Rule 4-1 September 1, 2023
Rule 4-2 September 1, 2023
Rule 4-3 March 18, 2013
March 31, 2014
May 18, 2018
Rule 4-4 July 1, 2010
Rule 4-5 July 1, 2010
Rule 5-1 July 1, 2014
September 1, 2023
Rule 5-2 September 1, 2023
January 15, 2024
Rule 5-3 July 1, 2010
April 4, 2022
January 15, 2024
Rule 5-4 April 4, 2022
Rule 6-1 July 1, 2010
July 1, 2014
July 1, 2019
Rule 6-2 July 1, 2010
July 1, 2019
Rule 7-1 July 1, 2010
Rule 7-2 July 1, 2010
July 1, 2012
Rule 7-4 July 1, 2010
October 3, 2022
Rule 8-1 July 1, 2010
July 30, 2010
July 1, 2014
September 1, 2023
January 15, 2024
January 15, 2024
Rule 8-2 July 1, 2010
Rule 8-3 January 15, 2024
Rule 8-4 July 1, 2010
Rule 8-5 July 1, 2014
Rule 8-6 January 15, 2024
Rule 9-1 July 1, 2010
Rule 9-2 July 1, 2011
January 15, 2024
Rule 9-5 July 1, 2010
Rule 9-7 July 1, 2010
July 30, 2010
February 11, 2019
February 1, 2020
August 10, 2020
January 15, 2024
Rule 11-1 October 3, 2022
Rule 11-3 February 11, 2019
August 10, 2020
Rule 11-6 July 1, 2010
Rule 11-7 February 11, 2019
August 10, 2020
Rule 11-8 February 11, 2019
March 22, 2019
February 1, 2020
August 10, 2020
Rule 12-1 July 1, 2010
July 1, 2013
Rule 12-1.1 September 1, 2023
January 15, 2024
Rule 12-2 April 25, 2012
July 1, 2016
July 1, 2019
September 1, 2023
January 15, 2024
Rule 12-3 July 1, 2010
September 1, 2023
Rule 12-4 July 1, 2010
July 1, 2011
September 1, 2023
Rule 12-5 October 3, 2022
January 15, 2024
Rule 12-6 July 1, 2011
July 1, 2013
September 18, 2020
March 2, 2021
October 8, 2022
Rule 13-1 October 3, 2022
September 1, 2023
January 15, 2024
Rule 13-2 July 1, 2010
Rule 13-3 July 1, 2010
January 15, 2024
Rule 13-4 July 1, 2010
July 1, 2011
Rule 14-1 March 31, 2014
Rule 14-1 January 15, 2024
Rule 15-1 July 1, 2010
April 25, 2012
February 11, 2019
August 10, 2020
January 15, 2024
Rule 16-1 July 1, 2010
July 1, 2011
October 3, 2022
September 1, 2023
January 15, 2024
January 15, 2024
Rule 17-1 January 15, 2024
Rule 18-1 January 15, 2024
Rule 18-3 July 1, 2011
Rule 19-1 July 1, 2011
July 1, 2012
July 1, 2019
Rule 20-2 July 1, 2010
Rule 20-3 May 26, 2014
Rule 20-5 July 1, 2011
July 1, 2010
July 1, 2012
July 1, 2015
Rule 20-6 May 26, 2014
Rule 21-4 March 31, 2014
Rule 21-5 March 31, 2014
Rule 21-6 March 31, 2014
Rule 21-7 April 4, 2022
Rule 21-8 July 1, 2010
Rule 22-1 January 15, 2024
Rule 22-2 July 1, 2010
April 4, 2022
Rule 22-3 March 31, 2014
July 1, 2015
Rule 22-9 January 15, 2024
Rule 23-1 September 1, 2023
Rule 23-2 July 1, 2010
April 4, 2022
Rule 23-3 March 18, 2013
July 1, 2014
May 18, 2018
July 1, 2019
December 1, 2021
Rule 23-4 September 1, 2023
Rule 23-5 July 1, 2013
September 1, 2023
January 15, 2024
Rule 23-6 July 1, 2012
July 1, 2013
March 31, 2014
July 1, 2019
January 15, 2024
Part 23.1 November 25, 2022
Rule 23.1-1 September 1, 2023
Part 25 March 31, 2014
Rule 25-1 December 1, 2021
Rule 25-2 July 1, 2019
December 1, 2021
October 3, 2022
April 3, 2023
Rule 25-3 July 1, 2015
July 1, 2019
December 1, 2021
January 15, 2024
Rule 25-3.2 December 1, 2021
Rule 25-4 July 1, 2015
December 1, 2021
Rule 25-5 July 1, 2015
July 1, 2015
July 1, 2015
July 1, 2019
September 1, 2023
Rule 25-6 December 1, 2021
Rule 25-10 July 1, 2019
Rule 25-14 July 1, 2015
July 1, 2015
July 1, 2019
December 1, 2021
Rule 25-15 December 1, 2021
Appendix A - List of Forms April 25, 2012
Appendix A Form 1 July 1, 2010
July 1, 2011
Appendix A Form 3 July 1, 2011
Appendix A Form 5 July 1, 2011
Appendix A Form 8 April 25, 2012
January 15, 2024
Appendix A Form 15 July 1, 2011
July 1, 2014
July 1, 2015
October 3, 2022
Appendix A Form 16 July 1, 2014
July 1, 2015
Appendix A Form 17 July 1, 2010
March 31, 2014
July 1, 2014
November 25, 2022
September 1, 2023
Appendix A Form 17.1 July 1, 2014
September 1, 2023
January 15, 2024
Appendix A Form 17.2 July 1, 2014
September 1, 2023
Appendix A Form 19.1 September 1, 2023
January 15, 2024
Appendix A Form 20.1 September 1, 2023
January 15, 2024
Appendix A Form 21 July 1, 2010
October 3, 2022
January 15, 2024
Appendix A Form 22 July 1, 2010
July 1, 2016
Appendix A Form 23 July 1, 2016
Appendix A Form 27 January 15, 2024
Appendix A Form 30.01 January 15, 2024
January 15, 2024
Appendix A Form 30.1 July 1, 2019
January 15, 2024
Appendix A Form 31 July 1, 2010
March 31, 2014
Appendix A Form 32 July 1, 2010
July 30, 2010
July 1, 2019
January 15, 2024
January 15, 2024
Appendix A Form 33 January 15, 2024
Appendix A Form 33.1 October 3, 2022
January 15, 2024
Appendix A Form 34 July 1, 2010
January 15, 2024
Appendix A Form 35 July 1, 2010
April 25, 2012
March 31, 2014
January 15, 2024
Appendix A Form 40 July 1, 2010
July 1, 2011
July 1, 2015
Appendix A Form 41 July 1, 2011
July 1, 2016
September 1, 2023
Appendix A Form 42 July 1, 2010
July 1, 2011
January 15, 2024
Appendix A Form 43 July 1, 2013
Appendix A Form 47.1 September 1, 2023
January 15, 2024
January 15, 2024
Appendix A Form 48 July 1, 2010
Appendix A Form 49 January 15, 2024
Appendix A Form 51-54 July 1, 2011
Appendix A Form 59.1 July 1, 2011
Appendix A Form 61 July 1, 2011
Appendix A Form 62 July 1, 2010
Appendix A Form 63 July 1, 2010
Appendix A Form 66 July 1, 2011
July 1, 2013
March 31, 2014
January 15, 2024
January 15, 2024
Appendix A Form 67 July 1, 2019
January 15, 2024
Appendix A Form 68 January 15, 2024
Appendix A Form 70 March 31, 2014
Appendix A Form 73 July 1, 2010
July 1, 2011
Appendix A Form 74 July 1, 2010
July 1, 2011
Appendix A Form 77 January 15, 2024
Appendix A Form 79 July 1, 2010
April 25, 2012
July 1, 2012
January 15, 2024
Appendix A Form 80 July 1, 2011
July 1, 2012
July 1, 2015
Appendix A Form 82 July 1, 2011
Appendix A Form 90-107 March 31, 2014
Appendix A Form 112 July 1, 2010
July 1, 2011
Appendix A Form 116 March 31, 2014
Appendix A Form 117 March 31, 2014
Appendix A Form 117.1 January 15, 2024
January 15, 2024
Appendix A Form 118 July 1, 2011
July 1, 2012
July 1, 2019
October 3, 2022
September 1, 2023
Appendix A Form 119 July 1, 2012
Appendix A Form 121 July 1, 2010
July 1, 2019
January 15, 2024
Appendix A Form 121.1 July 1, 2019
January 15, 2024
Appendix A Form 121.2 July 1, 2019
January 15, 2024
Appendix A Form 125 April 4, 2022
Appendix A.1 March 31, 2014
Appendix A.1 Form P1 December 1, 2021
Appendix A.1 Form P2 July 1, 2015
July 1, 2019
December 1, 2021
January 17, 2022
October 3, 2022
April 3, 2023
Appendix A.1 Form P3 July 1, 2015
December 1, 2021
October 3, 2022
Appendix A.1 Form P4 July 1, 2015
July 1, 2019
December 1, 2021
October 3, 2022
Appendix A.1 Form P5 July 1, 2015
July 1, 2019
December 1, 2021
October 3, 2022
Appendix A.1 Form P6 July 1, 2015
October 3, 2022
Appendix A.1 Form P7 October 3, 2022
Appendix A.1 Form P9 July 1, 2015
July 1, 2019
December 1, 2021
October 3, 2022
Appendix A.1 Form P10 July 1, 2015
December 1, 2021
January 17, 2022
October 3, 2022
Appendix A.1 Form P11 December 1, 2021
January 17, 2022
October 3, 2022
October 3, 2022
Appendix A.1 Form P14 July 1, 2015
December 1, 2021
January 17, 2022
October 3, 2022
October 3, 2022
Appendix A.1 Form P15 July 1, 2015
December 1, 2021
January 17, 2022
October 3, 2022
October 3, 2022
Appendix A.1 Form P19 July 1, 2015
Appendix A.1 Form P20 July 1, 2015
Appendix A Form P20.1 July 1, 2019
Appendix A.1 Form P21 July 1, 2015
July 1, 2019
December 1, 2021
January 17, 2022
October 3, 2022
April 3, 2023
Appendix A.1 Form P22 December 1, 2021
October 3, 2022
Appendix A.1 Form P23 December 1, 2021
October 3, 2022
Appendix A.1 Form P25 December 1, 2021
October 3, 2022
Appendix A.1 Form P26 December 1, 2021
October 3, 2022
October 3, 2022
Appendix A.1 Form P29 October 3, 2022
Appendix A.1 Form P31 January 15, 2024
Appendix A.1 Form P42 January 15, 2024
January 15, 2024
Appendix A.1 Form P43 July 1, 2019
January 15, 2024
January 15, 2024
Appendix A.1 Form P44 December 1, 2021
Appendix A.1 Form P45 December 1, 2021
October 3, 2022
Appendix A.1 Form P46 December 1, 2021
Appendix B July 1, 2010
January 15, 2024
Appendix C Schedule 1 July 1, 2010
July 1, 2013
July 1, 2013
March 31, 2014
May 26, 2014
May 26, 2014
September 1, 2023
Appendix C Schedule 2 July 1, 2010
October 1, 2020
September 1, 2023
Appendix C Schedule 3 September 1, 2023
Appendix C Schedule 4 July 1, 2010
July 1, 2013
July 1, 2010
May 26, 2014
May 26, 2014
July 1, 2019
September 1, 2023

 Rule 1-1 (1) definition of "family law case", paragraph (c) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(c) an order in relation to an agreement between persons who are or have been married or who are or have been in a marriage like relationship, including a marriage agreement within the meaning of the Family Relations Act;

 Rule 1-1 (1) definition of "pleading period" BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

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

 Rule 1-1 (1) definition of "Chief Justice" added by BC Reg 119/2010, effective July 1, 2010.

 Rule 1-1 (1) definition of "family law case" BEFORE amended by BC Reg 18/2013, effective March 18, 2013.

"family law case" means a proceeding in which one or more of the following orders is sought:

(a) an order under the Divorce Act;

(b) an order under the Family Relations Act;

(c) an order in relation to an agreement between persons who are or have been married or who are or have been in a marriage-like relationship, including a marriage agreement within the meaning of the Family Relations Act;

(d) an order for annulment of marriage;

(e) an order,

(i)  based on unjust enrichment or other trust claims, for an interest in property, or

(ii)  based on unjust enrichment, for compensation,

if the claim for the interest or compensation arises out of a marriage-like relationship;

(f) an order for a declaration of parentage;

(g) an order for adoption;

 Rule 1-1 (1) definition of "party of record", paragraph (b) BEFORE repealed by BC Reg 41/2014, effective March 31, 2014.

(b) in a proceeding referred to in Rule 21-5, a person who has filed a notice of interest referred to in Rule 21-5 (47);

 Rule 1-1 (1) definition of "document" BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

"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;

 Rule 1-1 (1) definition of "witness list" BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

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

 Rule 1-1 (1) definition of "business day" was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 1-1 definitions of "court" and "special referee" BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

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

"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;

 Rule 1-2 (4) (part) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Petitions and applications

(4)  If an enactment authorizes an application to the court or to a judge, the application must be

 Rule 2-1 (3) (c.1) was added by BC Reg 119/2010, effective July 1, 2010.

 Rule 2-1 (3) (k) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

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

 Rule 2-1 (2) (d) BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

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

 Rule 2-1 (2.1) was enacted by BC Reg 149/2013, effective March 31, 2014.

 Rule 2-1 (3) BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

(3) Without limiting subrules (1) and (2), the following provisions apply to the following applications and proceedings:

 Rule 2-1 (3) (i) and (j) BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

(i) Rule 21-4 applies to a proceeding in relation to the administration of an estate if the proceeding is contentious;

(j) Rule 21-5 applies to a proceeding in relation to the administration of an estate if the proceeding is not contentious;

 Rule 2-1 (2.1) (c) and (d) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

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

(d) the filing of a petition under Rule 25-14 (4).

 Rule 2-2 was enacted by BC Reg 120/2014, effective July 1, 2014.

 Rule 3-3 (3) (a) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

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

(i)  if the person resides anywhere in Canada, within 21 days after the person is served with the notice of civil claim,

(ii)  if the person resides in the United States of America, within 35 days after the person is served with the notice of civil claim, or

(iii)  if the person resides elsewhere, within 49 days after the person is served with the notice of civil claim;

 Rule 3-3 (3) (a) (i) to (iii) BEFORE amended by B.C. Reg 112/2012, effective July 1, 2012.

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

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

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

 Rule 3-4 (7.1) was enacted by BC Reg 119/2010, effective July 1, 2010.

 Rule 3-5 (1.1), (16) and (17) were enacted by BC Reg 119/2010, effective July 1, 2010.

 Rule 3-5 (11) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Application of rules

(11)  Except to the extent that this rule otherwise provides, Rules 3-1, 3-3 and 3-8 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.

 Rule 3-5 (4) (b) BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

(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.

 Rule 3-8 (1) (b) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

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

 Rule 3-8 (3) to (6) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

Claim for specified or ascertainable amount

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

(a) 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 with the action against any other defendant.

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.

Claim for damages to be assessed

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

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

(b) proceed with the action against any other defendant.

Claim for detention of goods

(6)  If the plaintiff's claim against a defendant relates solely to the detention of goods, the plaintiff may

(a) 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 for the value of the goods to be assessed and costs, and

(b) proceed with the action against any other defendant.

 Rule 3-8 (7) BEFORE repealed by BC Reg 95/2011, effective July 1, 2011.

Multiple claims

(7)  If a plaintiff's claim against a defendant includes a claim referred to in subrule (3), (5) or (6) and one or more other claims, the plaintiff may

(a) obtain judgment in Form 8 against the defendant under subrule (3), (5) or (6) for the claim referred to in that subrule,

(b) proceed with the action against that defendant in respect of any other claims, and

(c) proceed with the action against any other defendant.

 Rule 3-8 (8) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

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), (6) or (7), the registrar may refuse to grant judgment and the plaintiff may apply to a judge or master for default judgment.

 Rule 3-8 (9) and (10) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

Judgment in other claims

(9)  If the plaintiff's claim against a defendant is not one referred to in subrules (3) to (6), the plaintiff may apply for judgment against the defendant under Rule 9-6.

Default by one of several defendants

(10)  If, in any action mentioned in subrule (9), there are several defendants and a defendant defaults in filing and serving a response to civil claim, the plaintiff may apply for judgment against that defendant under Rule 9-6 and the court may exercise any of its powers under Rule 9-6 or direct that the matter stand until the trial of the action.

 Rule 3-8 (13) (part) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

If a plaintiff has obtained judgment under subrule (5) or (6) or under subrule (7) (a) in relation to 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

 Rule 3-8 (8) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

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).]

 Rule 4-1 (1) BEFORE re-enacted by BC Reg 176/2023, effective September 1, 2023.

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.

 Rule 4-1 (1.1) was enacted by BC Reg 176/2023, effective September 1, 2023.

 Rule 4-1 (2) (part) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

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:

 Rule 4-1 (2) (c) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(c) an e-mail address.

 Rule 4-1 (3) (part) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

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,

 Rule 4-1 (3) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

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

 Rule 4-2 (8) was enacted by BC Reg 176/2023, effective September 1, 2023.

 Rule 4-3 (6) BEFORE amended by BC Reg 27/2013, effective March 18, 2013.

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.

 Rule 4-3 (1) (f.1) was added by BC Reg 149/2013, effective March 31, 2014.

 Rule 4-3 (1) (g) BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

(g) a citation referred to in Rule 21-5;

 Rule 4-3 (6) BEFORE amended by BC Reg 99/2018, effective May 18, 2018.

Service on Attorney General

(6) A document to be served on the Attorney General must be served at the Ministry of Justice 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. Reg. 27/2013, Sch. 2, s. 13.]

 Rule 4-4 (1) (part) and (2) (part) BEFORE amended by BC Reg. 119/2010, effective July 1, 2010.

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

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 order permitting that alternative method must be served with the document unless

 Rule 4-5 (1), (3) and (5) (part) BEFORE amended by BC Reg. 119/2010, effective July 1, 2010.

Service outside British Columbia without leave

(1)  An originating pleading 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.

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 or other document may be served outside British Columbia, and the court may grant such leave on an application referred to in subrule (4).

Service of order and related documents

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

 Rule 5-1 (5) (a) and (b) BEFORE amended by BC Reg 120/2014, effective July 1, 2014.

(a) the plaintiff must, within 14 days after the notice of case planning conference in the action was served by the plaintiff or, if the notice of case planning conference was served by another party of record, within 14 days after receipt of that notice of case planning conference,

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

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

(b) each other party of record must, within 14 days after receipt of the plaintiff's case plan proposal,

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

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

 Rule 5-1 (4) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

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

 Rule 5-1 (4) (b) BEFORE repealed by BC Reg 176/2023, effective September 1, 2023.

(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

 Rule 5-2 (4) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

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

 Rule 5-2 (4) (b) BEFORE repealed by BC Reg 176/2023, effective September 1, 2023.

(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

 Rule 5-2 (1) and (6) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

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.

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:

 Rule 5-3 (1) (s.1) was added by BC Reg 119/2010, effective July 1, 2010.

 Rule 5-3 (8) was enacted by BC Reg 321/2021, effective April 4, 2022.

 Rule 5-3 (1) (part), (2) (part), (3), (5) and (8) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

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:

Prohibited orders

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

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.

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.

Amendments to case plan orders

(8) 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:

 Rule 5-3 (1) (v) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

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

 Rule 5-4 BEFORE repealed by BC Reg 321/2021, effective April 4, 2022.

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.

 Rule 6-1 (1) and (7) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(1)  Subject to Rules 6-2 (10) and 7-7 (5), a party may amend the whole or any part of a pleading filed by the party

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 of time 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.

 Rule 6-1 (1) BEFORE amended by BC Reg 120/2014, effective July 1, 2014.

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

(a) once without leave of the court, at any time before the earlier of the following:

(i) the date of service of the notice of trial, and

(ii) the date a case planning conference is held, or

(b) after the earlier of the dates referred to in paragraph (a) of this subrule, only with

(i) leave of the court, or

(ii) written consent of the parties of record.

[am. B.C. Reg. 119/2010, Sch. A, s. 10.]

 Rule 6-1 (1) (part) BEFORE amended by BC Reg 104/2019, effective July 1, 2019.

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

 Rule 6-2 (1), (2), (3), (4) (parts) and (7) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

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 action may continue in spite of the death or bankruptcy or the corporate party having been wound up or ceasing to exist.

Effect of death

(2)  Whether or not the claim survives, an action 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.

Assignment or conveyance of interest

(3)  If, by assignment, conveyance or death, an estate, interest or title devolves or is transferred, an action 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.

Change or transmission of interest or liability

(4)  If, after the start of an action,

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

Adding, removing or substituting parties by order

(7)  At any stage of an action, 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 action is necessary to ensure that all matters in the action 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 action, a question or issue relating to or connected with

(i)  any relief claimed in the action, or

(ii)  the subject matter of the action

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

 Rule 6-2 (9.1) was enacted by BC Reg 104/2019, effective July 1, 2019.

 Rule 7-1 (9) (part), (11), (15) and (16) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Supplementary list of documents

(9) 

the party must promptly serve on the other parties of record a supplementary list of documents specifying the inaccuracy or document.

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 relate to any or all matters in question in the action but that 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 party who prepared the list to

(a) prepare a supplementary list of documents,

(b) serve on the demanding party the supplementary 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).

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 that are in the listing party's possession or control, except those documents that the listing party objects to producing.

Copies of documents

(16)  If a party is entitled to inspect documents in the possession or control of another party, the party having possession or control of the documents 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.

 Rule 7-1 (10) (a) and (b) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(a) prepare a supplementary list of documents,

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

 Rule 7-1 (12) (b) (i) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

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

 Rule 7-1 (12) (c) (i) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

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

 Rule 7-1 (14) (b) (i) and (ii) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

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

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

 Rule 7-2 (8) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Examination of guardian and infants

(8)  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.

 Rule 7-2 (13) (b) BEFORE amended by BC Reg 112/2012, effective July 1, 2012.

(b) in any other case, ensure that, at least 7 days before the examination for discovery, the person to be examined is served with an appointment in Form 23 and is tendered witness fees in the amount required under Schedule 3 of Appendix C;

 Rule 7-4 (3) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Continuing obligation to provide summary

(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 amend the witness list to make it accurate and complete and serve a copy of the amended witness list on all parties of record.

 Rule 7-4 BEFORE repealed by BC Reg 149/2022, effective October 3, 2022.

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 8-1 (6), (13), (15) (part), (18), (19) (part), (20) and (22) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Date and time if hearing time more than 2 hours

(6)  If the application is estimated to take more than 2 hours, the date and time of hearing must be fixed by a registrar.

Applicant may respond

(13)  An applicant who wishes to respond to any document served under subrule (12) must file and serve on each application respondent any responding affidavits no later than noon on the day before the date set for the hearing.

Application record

(15)  Subject to subrule (18), if an application will be opposed, the applicant must provide to the registry, no later than noon on the day before the date set for the hearing, an application record as follows:

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.

Application record to be returned

(19)  Unless the court otherwise orders, the applicant must, unless the application record was provided to the registry electronically, retrieve the application record

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. on the second court day before, and noon on the court day before, the new date set for the hearing of the application.

Application respondent may apply for directions

(22)  If the applicant does not set an 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 days' notice, for directions.

 Rule 8-1 (15) (a) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(a) unless the application record is provided to the registry electronically, the application record must be in a ring binder or in some other form of secure binding;

 Rule 8-1 (21.1) was enacted by BC Reg 119/2010, effective July 1, 2010.

 Rule 8-1 (1), (4), (9), (13), (14), (15), (17), (20) and (22) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

Definition

(1)  In this rule, "application respondent" means a person who files an application response under subrule (9),

Contents of notice of application

(4)  A notice of application must be in Form 32, must not exceed 10 pages in length and must

(a) set out the orders 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.

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 file the following within 5 days after service or, in the case of an application under Rule 9-7, within 11 days after service

(a) an application response;

(b) 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.

Applicant may respond

(13)  An applicant who wishes to respond to any document served under subrule (12) must file and serve on each application respondent any responding affidavits no later than 4 p.m. on the day that is one full day before the date set for the hearing.

[am. BC Reg. 119/2010, Sch. A, s. 17(b).]

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), (12) and (13).

(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 day that is one full day before the date set for the hearing, an application record as follows:

Service of application record index

(17)  The applicant must serve a copy of the application record index on each application respondent no later than noon of the court day before the date set for the hearing.

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.

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 days' notice, for directions.

[am. BC Reg. 119/2010, Sch. A, s. 17 (h).]

 Rule 8-1 (8) (a) and (b) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

(a) subject to paragraph (b) of this subrule, at least 7 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 14 days before the date set for the hearing of the application.

 Rule 8-1 (10) (b) (ii) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

(ii)  list the affidavits and other documents on which the application respondent intends to rely at the hearing of the application, and

 Rule 8-1 (19) (b) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

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

 Rule 8-1 (21.1) (b) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

(b) serve a copy of the filed requisition on the application respondents at least 2 days before the date set for the hearing.

 Rule 8-1 (12) BEFORE repealed by BC Reg 241/2010, effective July 30, 2010.

Service of application response materials

(12)  An application respondent must serve on the applicant 2 copies of the following, and on every party of record one copy of the following, at least 2 days before the date set for the hearing of the application:

(a) a copy of the filed application response;

(b) 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;

(c) if the application is brought under Rule 9-7, any notice that the application respondent is required to give under Rule 9-7 (9).

 Rule 8-1 (7) (part) BEFORE amended by BC Reg 120/2014, effective July 1, 2014.

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 who may be affected by the orders sought:

 Rule 8-1 (1) BEFORE re-enacted by BC Reg 176/2023, effective September 1, 2023.

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).]

 Rule 8-1 (15) (part) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

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:

 Rule 8-1 (15) (e) was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 8-1 (15.1) to (15.6) were enacted by BC Reg 239/2023, effective January 15, 2024.

 Rule 8-1 (21.1) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

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).]

 Rule 8-1 (21.1) (a) (v) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(v) whether the orders sought are within the jurisdiction of a master, and

 Rule 8-2 (7) and (8) BEFORE repealed by BC Reg 119/2010, effective July 1, 2010.

Transfer of file

(7)  If a procedure authorized by subrule (2) or (4) is followed,

(a) the registry out of which the proceeding is being conducted must, if practicable, transfer the file to the registry where the hearing is to take place, and

(b) after the disposition of the application, the registry where the hearing took place must return the file to the registry out of which the proceeding is being conducted.

Forwarding of materials if transfer of file impracticable

(8)  If it is not practicable to transfer the file in the manner contemplated by subrule (7) (a), the registry where the hearing took place must, after the disposition of the application, forward to the registry out of which the proceeding is being conducted

(a) all documents filed in relation to the application in the registry where the hearing took place, and

(b) any order made in that application.

 Rule 8-3 (2) (a) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(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

 Rule 8-3 (3) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

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

 Rule 8-4 (1) (c) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(c) evidence in support of the application.

 Rule 8-4 (2) and (3) BEFORE repealed by BC Reg 119/2010, effective July 1, 2010.

Referral by registrar

(2)  On being satisfied that the materials appropriate for an application referred to in subrule (1) have been filed in accordance with subrule (1), a registrar may refer the application to a judge or, if the order sought is within the jurisdiction of a master, to a judge or master.

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 8-5 (2) BEFORE amended by BC Reg 120/2014, effective July 1, 2014.

How to make a short notice application

(2) A short notice application may be made by requisition in Form 17, without notice, and in a summary way.

 Rule 8-6 (1) (a) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(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

 Rule 9-1 (5) (c) and (d) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(c) award to a party, in respect of all or some of the steps taken in the proceeding after the date of delivery 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 of the offer to settle.

 Rule 9-2 (1) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

Settlement conference

(1)  If, at any stage of an action, 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.

 Rule 9-2 (1) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

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.]

 Rule 9-5 (1) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(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 or other document on the ground that

 Rule 9-7 (7) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Application of Rules 11-6 and 11-7

(7)  Rules 11-6 (2) and 11-7 (1) apply to a summary trial application.

 Rule 9-7 (10) (b) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

(b) by a party who is not an applicant, in accordance with Rule 8-1 (12).

 Rule 9-7 (7.1) was enacted by BC Reg 18/2019, effective February 11, 2019.

 Rule 9-7 (7.1) BEFORE amended by BC Reg 18/2019, effective February 1, 2020.

Application of Rule 11-8

(7.1) Rule 11-8 applies to a summary trial application in relation to a vehicle action referred to in that rule.

[en. B.C. Reg. 18/2019, Sch. 1, s. 1.]

 Rule 9-7 (7.1) BEFORE repealed by BC Reg 207/2020, effective August 10, 2020.

Application of Rule 11-8

(7.1) Rule 11-8 applies to a summary trial application.

[en. B.C. Reg. 18/2019, Sch. 1, s. 1; am. B.C. Reg. 18/2019, Sch. 2, s. 1.]

 Rule 9-7 (13) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

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.

 Rule 11-1 (1) (a.1) was added by BC Reg 149/2022, effective October 3, 2022.

 Rule 11-3 (1) (part) BEFORE amended by BC Reg 18/2019, effective February 11, 2019.

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:

 Rule 11-3 (1)(part) BEFORE amended by BC Reg 207/2020, effective August 10, 2020.

(1) If 2 or more parties who are adverse in interest wish to or are ordered under Rule 5-3 (1) (k) or 11-8 (5) (a) (i) to jointly appoint an expert, the following must be settled before the expert is appointed:

 Rule 11-6 (1) (d) and (e) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(d) the nature of the opinion being sought and each issue in the proceeding to which the opinion relates;

(e) the expert's opinion respecting each issue and, if there is a range of opinions given, a summary of the range and the reasons for the expert's own opinion within that range;

 Rule 11-7 (6) (part) BEFORE amended by BC Reg 18/2019, effective February 11, 2019.

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 of the requirements of this Part have not been complied with, if

 Rule 11-7 (6) (part) BEFORE amended by BC Reg 207/2020, effective August 10, 2020.

(6) At trial, the court may allow an expert to provide evidence, on terms and conditions, if any, even though one or more of the requirements of this rule or Rules 11-1 to 11-6 have not been complied with, if

 Rule 11-8 was enacted by BC Reg 18/2019, effective February 11, 2019.

 Rule 11-8 (11) BEFORE amended by BC Reg 56/2019, effective March 22, 2019.

Transition — exceptions for existing vehicle actions

(11) The following exceptions apply in relation to a vehicle action for which a notice of claim was filed before the coming into force of this subrule:

(a) the limits set out in subrule (3) do not apply to any report of an expert that was served in accordance with these Supreme Court Civil Rules before the coming into force of this subrule;

(b) the limits set out in subrule (8) do not apply to amounts that were necessarily or properly incurred for expert opinion evidence before the coming into force of this subrule.

 Rule 11-8 heading BEFORE amended by BC Reg 18/2019, effective February 1, 2020.

Rule 11-8 — Experts in Vehicle Actions

 Rule 11-8 (3) (part), (4) (part), (5) (part) and (8) (part) BEFORE amended by BC Reg 18/2019, effective February 1, 2020.

(3) Except as provided under this rule, a party to a vehicle action may tender, at trial, only the following as expert opinion evidence on the issue of damages arising from personal injury or death:

(4) If all the parties to a vehicle action consent,

(5) On application by a party to a vehicle action, the court may do any of the following if the court is satisfied that it would further the object of these Supreme Court Civil Rules:

(8) In a vehicle action, only the following amounts may be allowed or awarded to a party as disbursements for expert opinion evidence on the issue of damages arising from personal injury or death:

 Rule 11-8 (10) BEFORE re-enacted by BC Reg 18/2019, effective February 1, 2020.

Transition — application of rule

(10) Subject to subrule (11), this rule applies to all vehicle actions, whether or not a notice of claim for the vehicle action was filed before the coming into force of this rule.

[en. B.C. Reg. 18/2019, Sch. 1, s. 4.]

 Rule 11-8 (12) was enacted by BC Reg 18/2019, effective February 1, 2020.

 Rule 11-8 BEFORE repealed by BC Reg 207/2020, effective August 10, 2020.

Rule 11-8 — Expert Opinion Evidence on Damages for Personal Injury or Death

Definition

(1) In this rule, "vehicle action" means an action that includes a claim for damages for personal injury, or death, that arises out of the use or operation of a vehicle as defined in the Motor Vehicle Act.

[en. B.C. Reg. 18/2019, Sch. 1, s. 4.]

Conflict

(2) This rule applies in the event of a conflict between this rule and another rule of these Supreme Court Civil Rules, other than Rule 15-1.

[en. B.C. Reg. 18/2019, Sch. 1, s. 4.]

Limitation on expert opinion evidence

(3) Except as provided under this rule, a party in an action may tender, at trial, only the following as expert opinion evidence on the issue of damages arising from personal injury or death:

(a) expert opinion evidence of up to 3 experts;

(b) one report from each expert referred to in paragraph (a).

[en. B.C. Reg. 18/2019, Sch. 1, s. 4; am. B.C. Reg. 18/2019, Sch. 2, s. 3.]

Additional experts and reports by consent

(4) If all the parties consent,

(a) the parties may tender expert opinion evidence of one or more additional joint experts, appointed in accordance with Rule 11-3, in excess of the limit set out in subrule (3) (a), or

(b) a party may tender as evidence one or more additional reports from an expert referred to in subrule (3) (a), in excess of the limit set out in subrule (3) (b).

[en. B.C. Reg. 18/2019, Sch. 1, s. 4; am B.C. Reg. 18/2019, Sch. 2, s. 4.]

Additional experts and reports by application

(5) On application by a party, the court may do any of the following if the court is satisfied that it would further the object of these Supreme Court Civil Rules:

(a) provide for expert opinion evidence of one or more additional experts, in excess of the limit set out in subrule (3) (a), by

(i) ordering the parties to appoint a joint expert in accordance with Rule 11-3, or

(ii) appointing an expert under Rule 11-5;

(b) allow the party to tender as evidence one or more additional reports from an expert referred to in subrule (3) (a), in excess of the limit set out in subrule (3) (b).

[en. B.C. Reg. 18/2019, Sch. 1, s. 4; am. B.C. Reg. 18/2019, Sch. 2, s. 5.]

Allowable responding reports

(6) The limits set out in subrule (3) do not apply to an expert or expert's report, if a party serves the expert's report under Rule 11-6 (4) to respond to a report that was served on the party within 126 days before the scheduled trial date.

[en. B.C. Reg. 18/2019, Sch. 1, s. 4.]

Allowable supplementary reports

(7) The limit set out in subrule (3) (b) does not apply to a supplementary report required under Rule 11-6 (5) or (6).

[en. B.C. Reg. 18/2019, Sch. 1, s. 4.]

Limitation on disbursements for expert evidence

(8) In an action, only the following amounts may be allowed or awarded to a party as disbursements for expert opinion evidence on the issue of damages arising from personal injury or death:

(a) the amount incurred by the party for up to 3 expert reports, whether or not the reports were tendered at trial, provided that each report was

(i) served in accordance with these Supreme Court Civil Rules, and

(ii) prepared by a different expert;

(b) the amount incurred by the party for

(i) a report allowed under subrule (4) or (5),

(ii) a report referred to in subrule (6) or (7), or

(iii) a report prepared by an expert appointed by the court under Rule 11-5 (1);

(c) the amount incurred by the party for an expert to give testimony at trial in relation to a report, referred to in paragraph (a) or (b), that was prepared by the expert.

[en. B.C. Reg. 18/2019, Sch. 1, s. 4; am. B.C. Reg. 18/2019, Sch. 2, s. 6.]

Appointment of experts on initiative of the court

(9) Nothing in this rule prevents the court from appointing an expert on its own initiative under Rule 11-5 (1).

[en. B.C. Reg. 18/2019, Sch. 1, s. 4.]

Transition — application of rule

(10) Subject to subrules (11) and (12), this rule applies to all actions, whether or not a notice of claim for the action was filed before the coming into force of this rule.

[en. B.C. Reg. 18/2019, Sch. 2, s. 7.]

Transition — exceptions for existing vehicle actions

(11) The following exceptions apply in relation to a vehicle action for which a notice of claim was filed before February 11, 2019:

(a) the limits set out in subrule (3) do not apply

(i) to any report of an expert that was served in accordance with these Supreme Court Civil Rules before February 11, 2019, or

(ii) to the vehicle action if the trial date set out in the notice of trial filed in relation to the vehicle action is on or before December 31, 2019;

(b) the limits set out in subrule (8) do not apply

(i) to amounts that were necessarily or properly incurred for expert opinion evidence before February 11, 2019, or

(ii) to the vehicle action in the circumstances referred to in paragraph (a) (ii).

[en. B.C. Reg. 56/2019.]

Transition — exceptions for existing actions, other than vehicle actions

(12) The following exceptions apply in relation to an action, other than a vehicle action, for which a notice of claim was filed before February 1, 2020:

(a) the limits set out in subrule (3) do not apply to any report of an expert that was served in accordance with these Supreme Court Civil Rules before February 1, 2020;

(b) the limits set out in subrule (8) do not apply to amounts that were necessarily or properly incurred for expert opinion evidence before February 1, 2020.

[en. B.C. Reg. 18/2019, Sch. 2, s. 8.]

 Rule 12-1 (3) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Content of notice of trial

(3)  A notice of trial filed under subrule (2) must set out

(a) the date set out in a case plan order for the trial management conference required under Rule 12-2 or, if no date for a trial management conference is set out in a case plan order, the date obtained for the trial management conference from the registry, and

(b) 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.

 Rule 12-1 (6) BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

When notice of trial must be served

(6)  Promptly after a notice of trial has been filed, the plaintiff, or such other party as may be ordered by the court, must serve a copy of the filed notice of trial on all parties of record.

 Rule 12-1.1 was enacted by BC Reg 176/2023, effective September 1, 2023.

 Rule 12-1.1 (4) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

Failure to file or serve trial brief

(4) If a party of record has failed to comply with subrule (1) (a) or (b) or (2) (a) or (b), the judge or master at a trial management conference may order costs against that party.

[en. B.C. Reg. 176/2023, Sch. 1, s. 9.]

 Rule 12-2 (2), (7) (part), (9) (parts), (10) and (11) (part) BEFORE amended by BC Reg 58/2012, effective April 25, 2012.

Trial management conference must be conducted by judge

(2)  If practicable, a trial management conference is to be conducted by the judge who will preside at the trial.

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 may do one or more of the following:

Orders at a trial management conference

(9)  The judge presiding at a trial management conference may consider the following and, without limiting the ability of the trial judge 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:

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

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, that order need not be approved in writing by a lawyer or by a party.

Prohibited orders

(11)  A trial management conference judge must not, at a trial management conference,

 Rule 12-2 (3) BEFORE re-enacted by BC Reg 3/2016, effective July 1, 2016.

Trial brief required

(3) Unless the court otherwise orders, each party of record must, at least 7 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 parties of record.

 Rule 12-2 (3.1) to (3.6) were enacted by BC Reg 3/2016, effective July 1, 2016.

BC Reg 3/2016, s. 1 (a) in regards to (3.5) was further amended by BC Reg 162/2016.

 Rule 12-2 (6) (c) BEFORE repealed by BC Reg 3/2016, effective July 1, 2016.

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

 Rule 12-2 (1) and (3.1) (part) BEFORE amended by BC Reg 104/2019, effective July 1, 2019.

Date for trial management conference

(1) Unless the court otherwise orders, a trial management conference must take place at least 28 days before the scheduled trial date, at a time and place to be fixed by a registrar.

Trial brief — other parties of record

(3.1) Unless the court otherwise orders, each party of record, other than the plaintiff, must, no later than 21 days before the date set for the trial management conference,

 Rule 12-2 (1) BEFORE re-enacted by BC Reg 176/2023, effective September 1, 2023.

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).]

 Rule 12-2 (1.1) was enacted by BC Reg 176/2023, effective September 1, 2023.

 Rule 12-2 (2) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

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.]

 Rule 12-2 (3), (3.1), (3.2), (3.3), (3.4), (3.5) and (3.6) BEFORE repealed by BC Reg 176/2023, effective September 1, 2023.

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).]

 Rule 12.2 (5) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

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:

 Rule 12.2 (6) BEFORE re-enacted by BC Reg 176/2023, effective September 1, 2023.

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).]

 Rule 12-2 (2), (7) (part), (9) (part), (10) and (11) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

Trial management conference must be conducted by judge or master

(2) A trial management conference must be conducted by a judge or master.

[am. B.C. Regs. 58/2012, Sch. A, s. 1; 176/2023, Sch. 1, s. 11.]

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:

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:

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,

 Rule 12-2 (9) (s) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

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

 Rule 12-3 (1) (b) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(b) particulars delivered under a demand, together with the demand made,

 Rule 12-3 (1) (d.1) was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 12-4 (3) (d) was added by BC Reg 119/2010, effective July 1, 2010.

 Rule 12-4 (5) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

Failure to file

(5)  If no party of record files a trial certificate, the trial must be removed from the trial list.

 Rule 12-4 (1) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

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.

 Rule 12-4 (3) (d) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(d) a statement that a trial management conference has been conducted in the action.

 Rule 12-5 (28) BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

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.

 Rule 12-5 (59) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

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.

 Rule 12-6 (3) (a) (part) and (b) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) within 21 days after service of the notice of trial but at least 28 days before trial,

(b) at least 28 days before trial, paying to the sheriff a sum sufficient to pay for the jury and the jury process.

 Rule 12-6 (3) (a) (part) and (b) BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

(a) within 21 days after service of the notice of trial but at least 30 days before trial,

(b) at least 30 days before trial, paying to the sheriff a sum sufficient to pay for the jury and the jury process.

 Rule 12-6 (0.1) and (0.2) were enacted by BC Reg 232/2020, effective September 18, 2020.

 Rule 12-6 (0.1) BEFORE amended by BC Reg 53/2021, effective March 2, 2021.

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 3, 2021.

[en. B.C. Reg. 232/2020, Sch. 1.]

 Rule 12-6 (0.3) and (0.4) were enacted by BC Reg 53/2021, effective March 2, 2021.

 Rule 12-6 (0.1) to (0.4) BEFORE repealed by BC Reg 232/2020, as amended by BC Reg 53/2021, effective October 8, 2022.

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.]

 Rule 13-1 (1) (b) BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

(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,

 Rule 13-1 (1.1) to (1.4) were enacted by BC Reg 149/2022, effective October 3, 2022.

 Rule 13-1 (12) BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

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.

 Rule 13-1 (3) (a.1) was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 13-1 (2), (7) and (11) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

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.

Order of judge or master

(7) An order of a single judge or master is an order of the court.

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.

 Rule 13-2 (35) was enacted by BC Reg 119/2010, effective July 1, 2010.

 Rule 13-3 (28) BEFORE repealed by BC Reg 119/2010, effective July 1, 2010.

Enforcement of certificate

(28)  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.

 Rule 13-3 (10) (d) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(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

 Rule 13-3 (5) (b) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(b) a master, or

 Rule 13-3 (8) (e) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(e) if the examiner is a master or registrar,

 Rule 13-3 (11) sandwich text BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

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.

 Rule 13-4 (5) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

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 (1), the court may order that other person to be examined for discovery concerning the person's knowledge.

 Rule 13-4 (7) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

Application of examination for discovery rules

(7)  Rule 7-2 (4), (5), (11), (12), (13) (a) and (b), (14), (16) to (18), (22) to (28) applies to an examination under this rule.

 Rule 13-4 (10) and (11) were enacted by BC Reg 95/2011, effective July 1, 2011.

 Rule 14-1 (6) BEFORE repealed by BC Reg 44/2014, effective March 31, 2014.

Estate Administration Act

(6) Unless the court on application otherwise orders, if costs are payable for any non-contentious business under Rule 21-5, those costs

(a) must be assessed as special costs, and

(b) may be assessed without an order of the court,

and subrules (3) and (5) of this rule apply.

 Rule 14-1 (7) (a), (b) and (c) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(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.

 Rule 15-1 (2) (a.1) was added by BC Reg 119/2010, effective July 1, 2010.

 Rule 15-1 (14) (part) BEFORE amended by BC Reg 58/2012, effective April 25, 2012.

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 considers that the trial will likely require more than 3 days, the trial management conference judge

 Rule 15-1 (12.1) was enacted by BC Reg 18/2019, effective February 11, 2019.

 Rule 15-1 (12.1) BEFORE repealed by BC Reg 207/2020, effective August 10, 2020.

Application of Rule 11-8

(12.1) In a fast track action,

(a) Rule 11-8 (3) (a) is to be read as if the reference to "3 experts" were a reference to "one expert", and

(b) Rule 11-8 (8) (a) is to be read as follows:

(a) the amount incurred by the party for one expert report, whether or not the report was tendered at trial, provided that the report was served in accordance with these Supreme Court Civil Rules; .

[en. B.C. Reg. 18/2019, Sch. 1, s. 5.]

 Rule 15-1 (9) (part) and (14) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

Court may relieve

(9) On application by a party, a judge or master may relieve a party from the requirements of subrule (7) if

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

 Rule 16-1 (10), (11) (part), (12), (14), (15) and (17) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(10)  If the hearing of the petition is estimated to take more than 2 hours, the date and time of hearing must be fixed by a registrar.

(11)  Subject to subrule (13), if a petition respondent opposes any of the relief sought in the petition, the petitioner must provide to the registry, no later than noon on the day before the date set for the hearing, a petition record as follows:

(12)  The petitioner must serve a copy of the petition record index on each petition respondent no later than noon of the court day before the date set for the hearing.

(14)  Unless the court otherwise orders, the applicant must, unless the petition record was provided to the registry electronically, retrieve the petition record

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 noon on the court day before, the new date set for the hearing of the petition.

(17)  If the petitioner does not set a petition for hearing within a reasonable time after a petition respondent has requested the petitioner to do so, a petition respondent may apply, by requisition in Form 17 on 2 days' notice, for directions.

 Rule 16-1 (11) (a) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(a) unless the petition record is provided to the registry electronically, the petition record must be in a ring binder or in some other form of secure binding;

 Rule 16-1 (19) (b) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(b) subject to Rules 6-2 (10) and 7-7 (5),

 Rule 16-1 (16.1) was enacted by BC Reg 119/2010, effective July 1, 2010.

 Rule 16-1 (4) (c) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(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 resides anywhere in Canada, within 21 days after the date on which a copy of the filed petition was served on the petition respondent under subrule (3);

(ii)  if the petition respondent resides in the United States of America, within 35 days after the date on which a copy of the filed petition was served on the petition respondent under subrule (3);

(iii)  if the petition respondent resides elsewhere, within 49 days after the date on which a copy of the filed petition was served on the petition respondent under subrule (3).

 Rule 16-1 (17) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

Petition respondent may apply for directions

(17)  If, after the hearing of a petition has been adjourned generally, the petitioner does not reset the hearing within a reasonable time after a petition respondent has requested the petitioner to do so, a petition respondent may apply, by requisition in Form 17 on 2 days' notice, for directions.

[am. BC Reg. 119/2010, Sch. A, s. 32 (g).]

 Rule 16-1 (6.1) to (6.3) were enacted by BC Reg 149/2022, effective October 3, 2022.

 Rule 16-1 (11) (part) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

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:

 Rule 16-1 (11) (e) was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 16-1 (12) and (15) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

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).]

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.]

 Rule 16-1 (11.1) and (11.2) were enacted by BC Reg 239/2023, effective January 15, 2024.

 Rule 16-1 (16.1) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

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).]

 Rule 16-1 (16.1) (a) (v) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(v) whether the orders sought are within the jurisdiction of a master, and

 Rule 17-1 (3) (a) (ii) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(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

 Rule 17-1 (3) (b) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(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.

 Rule 17-1 (4) and (5) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

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

 Rule 18-1 (10) BEFORE re-enacted by BC Reg 277/2023, effective January 15, 2024.

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.

 Rule 18-1 (1), (2), (5) (part) and (8) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

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.

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

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

 Rule 18-3 (8) (a) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) within 7 days after the service of the notice of appeal, file a notice of interest in Form 70, and

 Rule 19-1 (3) BEFORE repealed by BC Reg 95/2011, effective July 1, 2011.

Filings required

(3)  If a proceeding is transferred to the Supreme Court in the manner referred to in subrule (2), the claimant in the Provincial Court proceeding must

(a) obtain from the Provincial Court certified copies of

(i)  the transfer order,

(ii)  the notice of claim filed in the Provincial Court, and

(iii)  the replies, if any, filed in the Provincial Court, and

(b) file those certified copies in the registry of the Supreme Court.

 Rule 19-1 (4) to (6) BEFORE re-enacted by BC Reg 95/2011, effective July 1, 2011.

Documents to be filed as presented

(4)  On the documents referred to in subrule (3) being submitted for filing,

(a) a registrar must accept for filing

(i)  the notice of claim referred to in subrule (3) (a) (ii) as if it were a notice of civil claim that meets the requirements of Rule 3-1, and

(ii)  each reply referred to in subrule (3) (a) (iii) as if it were a response to civil claim that meets the requirements of Rule 3-3,

(b) the notice of claim referred to in subrule (3) (a) (ii), once filed, is deemed to be the notice of civil claim filed in the action, and

(c) each reply referred to in subrule (3) (a) (iii), once filed, is deemed to be a response to civil claim filed in the action.

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 referred to in subrule (4) (b)

(i)  by adding above the style of proceeding the words "Transferred Proceeding" in at least 14 point type, and

(ii)  by otherwise making the notice of claim accord with Rule 3-1,

(b) within 21 days after the transfer, file the amended notice of claim in the Supreme Court registry nearest to the Provincial Court registry in which the Provincial Court proceeding was started, and

(c) serve a copy of the filed amended notice of claim in accordance with Rule 3-2.

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),

(a) amend the reply referred to in subrule (4) (c)

(i)  by adding "Transferred Proceeding" in 14 point type above the style of proceeding, and

(ii)  by otherwise making the reply accord with Rule 3-3,

(b) amend any counterclaim filed by the defendant in the Provincial Court proceeding

(i)  by adding "Transferred Proceeding" in 14 point type above the style of proceeding, and

(ii)  by otherwise making the counterclaim accord with Rule 3-4,

(c) file the amended reply and any amended counterclaim in the Supreme Court registry referred to in subrule (5) (b), and

(d) serve a copy of the filed amended reply and any amended counterclaim in accordance with Part 3.

 Rule 19-1 (6.1) was enacted by BC Reg 95/2011, effective July 1, 2011.

 Rule 19-1 (8) (a) BEFORE repealed by BC Reg 112/2012, effective July 1, 2012.

(a) no fees are payable for the filings required under subrule (3);

 Rule 19-5 was enacted by BC Reg 115/2019, effective July 1, 2019.

 Rule 20-2 (16) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Litigation guardian must be appointed

(16)  If no response to civil claim, response to counterclaim or response to petition has been filed to a notice of civil claim, counterclaim 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.

 Rule 20-3 (12) and (13) BEFORE repealed by BC Reg 90/2014, effective May 26, 2014.

Representation of deceased person interested in a proceeding

(12) If the estate of a deceased person has an interest in a matter in question in a proceeding but there is no personal representative, the court may proceed in the absence of a person representing the estate of the deceased person or may appoint a person to represent the estate for the purposes of the proceeding, and an order made or granted in the proceeding binds the estate to the same extent as the estate would have been bound had a personal representative of the deceased person been a party to the proceeding.

Notice of application may be required

(13) Before making an order under subrule (12), the court may require notice of the application to be given to a person having an interest in the estate.

 Rule 20-5 (3) (c) BEFORE repealed by BC Reg 95/2011, effective July 1, 2011.

(c) one of the following:

(i)  proof that the applicant receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act;

(ii)  an affidavit in Form 80.

 Rule 20-5 (1) (part) and (5) (part) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Court may determine indigent status

(1)  If the court, on application made in accordance with subrule (3) before or after the start of a proceeding, finds that a person receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act or is otherwise indigent, the court may order that no fee is payable by the person to the government under Appendix C in relation to the proceeding unless the court considers that the claim or defence

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 to the government by that person in relation to

 Rule 20-5 title and (1) (part) BEFORE amended by BC Reg 112/2012, effective July 1, 2012.

Rule 20-5  -  Persons Who Are Indigent

(1)  If the court, on application made in accordance with subrule (3) before or after the start of a proceeding, finds that a person receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act or is otherwise indigent, the court may order that no fee is 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

 Rule 20-5 title and (1) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

Rule 20-5 — Persons Who Are Impoverished

Court may determine impoverished status

(1) If the court, on application made in accordance with subrule (3) before or after the start of a proceeding, finds that a person receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act or is otherwise impoverished, the court may order that no fee is 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

(a) discloses no reasonable claim or defence, as the case may be,

(b) is scandalous, frivolous or vexatious, or

(c) is otherwise an abuse of the process of the court.

[am. B.C. Regs. 119/2010, Sch. A, s. 34 (a); 112/2012, Sch. A, s. 4 (b).]

 Rule 20-6 was enacted by BC Reg 90/2014, effective May 26, 2014.

 Rule 21-4 BEFORE repealed by BC Reg 149-2013, effective March 31, 2014.

Rule 21-4 — Administration of Estates (Contentious)

Interpretation

(1) In this rule, "probate action" means an action for

(a) the grant of probate of the will of, or letters of administration of the estate of, a deceased person,

(b) the revocation of a grant, or

(c) an order pronouncing for or against the validity of an alleged testamentary paper,

but does not include a proceeding governed by Rule 21-5.

Dispute as to the validity of a testamentary paper

(2) In an action in which the validity of a testamentary paper is questioned, all persons having an interest in upholding or disputing its validity must be joined as defendants.

Start of action

(3) A probate action must be started by notice of civil claim, and Part 1 of the notice of civil claim must contain a statement of the interest of the plaintiff and of each defendant in the estate of the deceased.

Parties

(4) Each person who is entitled or claims to be entitled to administer the estate of a deceased person under or by virtue of an unrevoked grant of probate or letters of administration must be made a party to any action for revocation of the grant, and by leave of the court a person interested in the estate, but not named as a defendant, may defend the action as if the person were a defendant.

Action for revocation of grant

(5) In an action for the revocation of a grant of probate or administration,

(a) if the action is started by a person to whom the grant was made, the person must file the grant within 7 days after the filing of the notice of civil claim, or

(b) if a defendant to the action has the grant in his or her possession or under his or her control, the defendant must file it within 7 days after the service of the notice of civil claim on him or her,

and the person to whom the grant was issued must not act under it without leave of a registrar.

Failure to lodge grant on action for revocation

(6) If a person fails to comply with subrule (5), a registrar may issue a citation in Form 90 calling on the person to bring the grant into the registry, and a person against whom the citation is issued must not take any step in the action without leave of the court until the person has complied with the citation.

Counterclaim

(7) A defendant to a probate action who alleges that he or she has a claim or is entitled to relief in respect of a matter relating to the grant of probate or letters of administration must serve a counterclaim in respect of that claim or relief.

Failure to serve notice of civil claim

(8) If the plaintiff fails to serve a notice of civil claim, a defendant may, with the leave of the court, serve a counterclaim, and the action must then proceed as if the defendant were the plaintiff.

Response to civil claim limited to proof in solemn form

(9) In a probate action, a response to civil claim may state that

(a) the defendant merely requires that the will be proved in solemn form, and

(b) the defendant only intends to cross-examine the witnesses produced in support of the will,

and, in that event, the defendant is not liable for costs unless the court determines that there was no reasonable ground for requiring proof in solemn form.

Certain rules not to apply

(10) Rules 3-8 (1), (2), (9) and (10) and 9-8 do not apply to a probate action.

Order for discontinuance or dismissal

(11) At any stage of a probate action, the court may order the action be discontinued or dismissed, and may order that a grant of probate or administration be made to the person entitled.

Compromise

(12) A probate action must not be compromised without leave of the court.

 Rule 21-5 BEFORE repealed by BC Reg 149-2013, effective March 31, 2014.

Rule 21-5 — Administration of Estates (Non-Contentious)

Interpretation

(1) Unless a contrary intention appears, the interpretation section of the Estate Administration Act applies to this rule.

Application

(2) This rule applies to the obtaining of a grant of probate or administration in a circumstance in which there is no contention as to the right to obtain that grant and includes

(a) the obtaining of grants of probate or administration in contentious cases in which the contest has been concluded,

(b) the filing of caveats against the granting of probate or administration,

(c) the fixing of remuneration and passing of accounts, and

(d) all non-contentious matters relating to testacy and intestacy, not being matters in an action.

Application for probate or letters of administration

(3) Application for probate or letters of administration may be made in any registry.

Documents to be deposited

(4) Subject to subrule (14), an applicant for probate or letters of administration must

(a) deposit with a registrar the original will, if any, and

(b) file

(i) a requisition in Form 17,

(ii) an affidavit of executor or administrator in Form 91, 92 or 93, and

(iii) any further affidavits as may be required by these Supreme Court Civil Rules.

Proof of death if exact date is known

(5) If an applicant for probate or letters of administration specifies in the affidavit referred to in subrule (4) (b) (ii) the date on which the testator or the intestate died, no further proof of death is to be required by a registrar.

Proof of death if exact date is unknown

(6) If the fact of the death is certain, but the exact date is unknown, the affidavit referred to in subrule (4) (b) (ii) must state the date on which the deceased was last seen alive and the date on which his or her body was found.

Approval by registrar

(7) A registrar may approve the application and mark the documents as approved, but if the registrar refuses to approve the application, the registrar must note on the documents his or her reasons for refusing approval.

Hearing of application

(8) The applicant for probate or letters of administration may set down the application for hearing by the court at any time after a registrar has approved or refused to approve it.

Proof of execution if no attestation clause

(9) If there is no attestation clause to a will or codicil, or if the attestation clause is insufficient, a registrar must require an affidavit from at least one of the subscribing witnesses, if they or either of them are living, to prove that the requirements of the Wills Act as to execution were, in fact, complied with.

Affidavit of witness

(10) If it appears to a registrar, on perusing the affidavit of a subscribing witness, that the requirements of the Wills Act were not or may not have been complied with, a registrar must refuse to approve the application.

Proof if no affidavit of witness

(11) If no affidavit can be obtained from either subscribing witness, an affidavit must be provided from any other person present at the execution of the will or codicil, but if no affidavit of any person can be obtained, evidence must be provided on affidavit

(a) of that fact and of the handwriting of the deceased and the subscribing witnesses, and

(b) of any circumstances that may raise a presumption in favour of proper execution.

Proof of date of execution

(12) If there is doubt as to the date on which a will was executed, a registrar may require evidence he or she thinks necessary to establish the date, and must, if satisfied as to that date, endorse a note of the date on the will.

Proof in solemn form

(13) If the circumstances appear to justify the direction, the court may direct that proof of the will be made in solemn form.

Petition required

(14) A proceeding for proof of a will in solemn form must be started by petition in Form 66 and Rule 16-1 applies.

Service

(15) After a proceeding is started under subrule (14) for proof of a will in solemn form, copies of the petition must be served by personal service on all persons having an interest in upholding or contesting the validity of the will.

Interlineations and alterations

(16) If an interlineation or alteration appears in the will and the interlineation or alteration is not properly executed, or recited in, or otherwise identified by, the attestation clause, an affidavit must be filed to provide proof that the interlineation or alteration was in the will before the will's execution unless the alteration is of small importance and is evidenced by the initials of the attesting witnesses.

When words erased or obliterated do not form part of probate

(17) Words in a will that have been erased or obliterated do not form part of the probate if

(a) the erasure or obliteration is proved to have existed in the will at the time of the will's execution,

(b) the erasure or obliteration is properly executed and attested, or

(c) the erasure or obliteration is rendered valid by the re-execution of the will, or by the subsequent execution of a codicil.

When erased or obliterated words form part of probate

(18) Words in a will that have been erased or obliterated form part of the probate as if they had not been erased or obliterated if

(a) no satisfactory evidence can be tendered as to the time when the erasure or obliteration was made, and

(b) the words erased or obliterated are not entirely effaced but can be ascertained on inspection.

Affidavit explaining

(19) If words that might have been of importance have been erased or obliterated, a registrar may require an affidavit explaining the circumstances.

Document referred to in a will

(20) If a will contains a reference to a document and that reference is of such nature as to raise a question as to whether the document ought to form part of the will, a registrar must require the production of the document to ascertain whether it is entitled to probate.

Accounting for non-production

(21) If a document that is required by a registrar under subrule (20) is not produced, its non-production must be accounted for.

What documents may form part of will

(22) A document cannot form part of a will unless the document was in existence at the time the will was executed.

Appearance of the paper

(23) If there is an indication on the testamentary papers leading to the inference that a document has been attached to them, the indication must be satisfactorily explained, or a registrar must require the document to be produced, and, if not produced, its non-production must be accounted for.

Notice to next of kin

(24) If a person applies for letters of administration under section 6 of the Estate Administration Act, the names and kinship of those having a prior right or an equal right to a grant must be shown, and unless it is also shown that each of those persons has consented or renounced, a registrar may direct notice to be given in Form 94 to any of them by mail.

Limited administration

(25) Unless the court otherwise orders, a limited administration must not be granted unless every person entitled to a general grant has consented or renounced, or has been cited and has failed to file an appearance.

Person entitled to general grant must not take limited grant

(26) Unless the court otherwise orders, a person entitled to a general grant of administration of the personal estate and effects of a deceased must not be permitted to take a limited grant.

Grants to an attorney

(27) If a person entitled to administration resides outside British Columbia, administration, or administration with the will annexed, may be granted to the person or the person's attorney acting under a power of attorney.

Grants of administration to guardians

(28) With the consent of the Public Guardian and Trustee, a grant of administration may be made to the guardians of an infant for the infant's use and benefit.

Administration bonds

(29) Unless the court otherwise orders, the bond to be given on any grant of administration must be in Form 95 or 96.

Affidavit of surety

(30) The sureties in an administration bond are required to prove by affidavit that they together have assets equal to the amount of the bond.

Registrar not to become surety

(31) A registrar must not become surety to any administration bond.

Administration bond requirements

(32) In all cases other than those to which section 20 (1) to (4) of the Estate Administration Act applies, unless the court otherwise orders, not fewer than 2 sureties are required to the administration bond, and the bond must be in an amount as the court may order, and the court may also order that more than one bond be given so as to limit the liability of a surety.

Time of issuing grant

(33) Unless the court otherwise orders, a grant of probate or administration must not issue until after 7 days from the death of the deceased.

Delay in application

(34) If probate or administration is applied for more than 3 years after the death of the deceased,

(a) the reason for the delay must be set out in an affidavit, and

(b) a registrar may require further proof of the alleged cause of delay as the registrar thinks fit.

Identity of parties

(35) A registrar may require proof, in addition to the affidavit of the executor or administrator, of the identity of

(a) the deceased, or

(b) the party applying for a grant.

Proof of search for will

(36) On every application for administration, it must be shown that a search for a will or testamentary paper has been made in all places where the deceased usually kept his or her documents, and the applicant must file a letter from the Director of Vital Statistics showing the results of a search at the director's office for a notice of a will filed by or on behalf of the deceased under the Wills Act.

Affidavit of will search not required

(37) An executor who swears or affirms that the executor is presenting the last will of the deceased, and who files a letter from the Director of Vital Statistics showing the results of a search at the director's office for a notice of a will filed by or on behalf of the deceased, must not be required by a registrar to prove by affidavit that the executor made a search for a later will.

Renunciations

(38) A person, other than an official administrator, who renounces as executor of the will or who renounces the right to apply for administration of the estate of a deceased person in one capacity must not be appointed the personal representative of the deceased in another capacity.

Caveats

(39) A person intending to oppose the issue of a grant of probate or administration must file, in any registry of the court, a caveat that complies with subrules (41) and (42).

Registrar notification

(40) A registrar in whose registry a caveat has been filed must promptly notify the registrar at Victoria and that registrar must promptly notify all other registrars in British Columbia.

Contents of caveat

(41) A caveat must be in Form 97 and the caveator must declare in the caveat the nature of his or her interest in the property of the deceased, and state generally the grounds on which the caveat is filed.

Signature of caveator

(42) The caveat must be signed by the caveator, or by the caveator's lawyer, and must state an address for service in accordance with Rule 4-1.

Time caveat in force

(43) Subject to subrule (48), a caveat remains in force for 6 months after being filed, unless it is sooner withdrawn by notice filed by the caveator, and then it expires and is of no effect, but by order of the court it may be renewed from time to time.

No grant while caveat in force

(44) A grant of administration or probate must not be made while a caveat is in force.

Notice to caveator

(45) A person intending to apply for probate or administration or claiming an interest in an estate with respect to which a caveat has been filed

(a) may file in the registry in which the caveat was filed a notice to caveator that complies with subrule (46), and

(b) if a notice to caveator is filed under paragraph (a), must serve a copy of that filed document on the caveator at the address for service set out in the caveat.

Contents of notice

(46) The notice to caveator must be in Form 98, must state the name and interest of the person on whose behalf it is issued and, if that person claims under a will or codicil, must also state

(a) the date of the will or codicil, and

(b) the person's address for service.

Notice of interest

(47) A notice of interest filed in relation to a notice to caveator must be in Form 70.

Effect of failure to file notice of interest

(48) If a notice to caveator has been filed and a copy served on the caveator and no notice of interest has been filed within the time stated in the notice to caveator, a registrar must cancel the caveat and notify the registrar at Victoria.

Citation to accept executorship

(49) If an executor fails to apply for the probate of a will, any person interested may cite the executor to accept or refuse probate of the will, or to show cause why administration should not be granted to the executor or to some other person having a prior right who is willing to accept the grant, but a citation must not issue until 14 days after the testator's death.

Form of citation and answer

(50) A citation under subrule (49) must be in Form 99 and an answer must be in Form 100.

Citation to propound an alleged will

(51) If there is or may be a document that may be alleged to be a will of a deceased person, a citation to propound the document as a will may be issued by any person interested.

Citation

(52) A citation referred to in subrule (51) must

(a) be in Form 101,

(b) be supported by affidavit, and

(c) be directed to the executor and any other person named in the document.

Answer

(53) An answer to a citation referred to in subrule (51) must be in Form 102.

Citation to bring in a will

(54) If a testamentary document may be in the possession or control of a person, a citation may be issued to the person calling on the person to do one of the following:

(a) deposit with a registrar any testamentary document in the person's possession or control;

(b) state under oath that no testamentary document is in the person's possession or control.

Citation

(55) A citation referred to in subrule (54) must be in Form 103 and must be supported by affidavit.

Subpoena

(56) If it is shown by affidavit, to the satisfaction of a registrar, that a person has knowledge of a will or other document or of any asset relating to or belonging to an estate, the registrar may issue a subpoena in Form 104 for service on that person.

Filing and service of citations

(57) A citation must be served by personal service and Part 4 applies.

Filing and service of answers

(58) An answer must be filed and served.

Foreign grants

(59) If probate or administration has been granted by a court of competent jurisdiction outside British Columbia and the grant cannot be resealed under the provisions of the Probate Recognition Act,

(a) a grant of administration, limited to the estate of the deceased in British Columbia, may be made to the attorney of the personal representative appointed by the foreign court, or

(b) an ancillary grant of probate or administration may be made to the personal representative appointed by the foreign court.

Foreign wills

(60) A copy of a foreign will to be annexed to a grant of administration must be certified by the court out of which probate or administration has been granted.

Application to reseal grant

(61) An application to reseal a grant of probate or letters of administration under the Probate Recognition Act may be made in any registry by the personal representative or the representative's attorney.

Filing required

(62) An applicant for resealing a grant of probate or letters of administration under the Probate Recognition Act must file the grant of probate or letters of administration, or a copy certified by the issuing court.

Affidavit on resealing

(63) An application for resealing a grant of probate or letters of administration under the Probate Recognition Act must be accompanied by an affidavit of the executor, administrator or attorney in Form 105.

Evidence of domicile of deceased on resealing

(64) If the domicile of the deceased at the time of death, as sworn to or affirmed in the affidavit referred to in subrule (63), differs from that suggested by the description in a foreign grant, a registrar may require further evidence as to domicile.

Application to be marked if registrar not satisfied

(65) If a registrar is satisfied that the deceased was not at the time of death domiciled within the jurisdiction of the court from which the foreign grant issued, the registrar must mark the application accordingly.

Application of other rules on resealing

(66) Subrules (7) and (8) apply to an application for resealing a grant of probate or letters of administration under the Probate Recognition Act.

Grant to be resealed

(67) A grant of probate or administration or a certified copy must not be resealed unless it includes a copy of any testamentary paper admitted to probate.

Notice of resealing

(68) Notice of a resealing of a grant must be sent to the court from which the grant issued.

Notice of revocation or alteration to resealing court

(69) If a registrar has notice of the resealing of a British Columbia grant, the registrar must give to the court that resealed it notice of any revocation of, or alteration in, the grant.

Remuneration and passing of accounts

(70) An application to the court for passing of accounts and remuneration must be made, without notice, by notice of application supported by an affidavit in Form 106.

Directions and referrals

(71) On an application under subrule (70), the court must give all necessary directions and may refer the matter to a registrar under Rule 18-1.

Affidavit required for passing of accounts and remuneration

(72) As part of an application for the passing of accounts and remuneration under subrule (70), the applicant must file an affidavit, in Form 107,

(a) describing the assets and liabilities of the estate for which the statement is prepared as at the later of

(i) the date of the deceased's death, and

(ii) the effective date of the most recent of any previous accounting done under this rule,

(b) describing capital transactions since the applicable date referred to in paragraph (a), including expenses related to and necessary for the maintenance of capital assets,

(c) describing income transactions, other than transactions included under paragraph (b), since the applicable date referred to in paragraph (a), including the payment of any liabilities of the estate,

(d) describing the assets and liabilities of the estate as at the effective date of the statement of account,

(e) including a calculation of the remuneration, if any, claimed by the applicant for

(i) the applicant, and

(ii) any previous trustee for whom a claim for remuneration has not yet been made,

(f) describing all distributions made or anticipated to be made out of the estate, and

(g) including, in any other schedules, details or information the court may require or the applicant may consider relevant.

 Rule 21-6 title BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

Rule 21-6 — Wills Variation Act

 Rule 21-6 (1), (3) and (4) BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

Proceedings under the Wills Variation Act

(1) A proceeding under section 2 of the Wills Variation Act must be started by a notice of civil claim.

Response to civil claim

(3) In a response to civil claim, a defendant may raise a claim under section 2 of the Wills Variation Act on his or her own behalf, and any other party may serve a reply.

These Supreme Court Civil Rules apply

(4) A proceeding under the Wills Variation Act is governed by these Supreme Court Civil Rules.

 Rule 21-6 (2) (a) (i) and (ii) BEFORE amended by BC Reg 149-2013, effective March 31, 2014.

(i) the surviving spouse and children of the testator;

(ii) all beneficiaries under the testator's will whose interest may be affected by the order sought;

 Rule 21-7 (4.1) was enacted by BC Reg 321/2021, effective April 4, 2022.

 Rule 21-8 (1) and (3) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(1)  A party who has been served with a notice of civil claim, counterclaim, third party notice or petition in a proceeding, whether that service was effected in or outside British Columbia, may, after filing a jurisdictional response in Form 108,

(3)  If a party who has been served with a notice of civil claim, counterclaim, third party notice 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:

 Rule 22-1 (1) (d) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(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;

 Rule 22-2 (13) (b) (i) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(i)  in respect of an application for an order that does not seek a final order, or

 Rule 22-2 (9) BEFORE re-enacted by BC Reg 321/2021, effective April 4, 2022.

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.

 Rule 22-3 (1) BEFORE amended by BC Reg 149-2013, effective March 31, 2014.

Forms

(1) The forms in Appendix A 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.

 Rule 22-3 (5.1) was enacted by BC Reg 103/2015, effective July 1, 2015.

 Rule 22-9 was enacted by BC Reg 239/2023, effective January 15, 2024.

 Rule 23-1 (11) (b) sandwich text BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

as in his or her opinion the circumstances of the case require, and

 Rule 23-1 (12) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

Powers of presiding judge

(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 his or her discretion the recalling of any witness called at the original trial or hearing, or to receive other or additional evidence.

 Rule 23-2 (4) (c) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(c) any of the following documents, unless their submission by fax is authorized by the Trial Coordinator of the receiving registry:

 Rule 23-2 (4) (c) (iii) and (iv) BEFORE repealed by BC Reg 119/2010, effective July 1, 2010.

(iii)  an application for a trial date;

(iv)  a request for a trial date;

 Rule 23-2 (1) BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

Application

(1) This rule applies only to those proceedings that are filed at the Chilliwack, Cranbrook, Dawson Creek, Kamloops, Kelowna, Nelson, Penticton, Prince George, Rossland, Salmon Arm, Smithers, Terrace, Vernon or Williams Lake registry of the court.

 Rule 23-3 (3) (a) BEFORE amended by BC Reg 27/2013, effective March 18, 2013.

(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

 Rule 23-3 (5) (b) (ii) BEFORE amended by BC Reg 120/2014, effective July 1, 2014.

(ii) an application record or a petition record;

 Rule 23-3 (3) (a) BEFORE amended by BC Reg 99/2018, effective May 18, 2018.

(a) enter into an agreement with the Court Services Branch of the Ministry of Justice respecting the terms and conditions under which those filings may be made, and

 Rule 23-3 (5) (a) (i) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

(i) probate;

 Rule 23-3 (5) (a) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

(a) any document pertaining to the following:

(i) probate, other than documents respecting an application that, under Part 25, does not require the filing of an originally signed version of a will;

(ii) reciprocal enforcement of orders under the Court Order Enforcement Act;

 Rule 23-3 (5) (b) (viii) was added by BC Reg 250/2021, effective December 1, 2021.

 Rule 23-4 (10) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(a) invest as he or she sees fit all or any part of the funds, and

 Rule 23-5 (3) BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

Urgency or convenience

(3)  In case of urgency, the court or a registrar may conduct a hearing and make an order or decision by telephone or other communication medium.

 Rule 23-5 (4.1) was enacted by BC Reg 65/2013, effective July 1, 2013.

 Rule 23-5 (5) (part) BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

(5)  An application under subrule (4) for a direction that an application be heard by way of telephone, video conference or other communication medium

 Rule 23-5 (4) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(a) that an application be heard by way of telephone, video conference or other communication medium, and

 Rule 23-5 (4.1) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(a) that a hearing before a registrar be heard by way of telephone, video conference or other communication medium, and

 Rule 23-5 (5) BEFORE re-enacted by BC Reg 176/2023, effective September 1, 2023.

Application must be made by requisition

(5) An application under subrule (4) or (4.1) for a direction that an application or a hearing before a registrar be heard by way of telephone, video conference or other communication medium

(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.

[am. B.C. Reg. 65/2013, Sch. A, s. 3 (c).]

 Rule 23-5 (2) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

Urgency

(2) In case of urgency, an application may be made personally to a judge, to a master or to a registrar.

 Rule 23-6 (4) (b) BEFORE amended by BC Reg 112/2012, effective July 1, 2012.

(b) exercise the powers that, under Rule 22-1 (2) and (3), may be exercised by the court,

 Rule 23-6 (3.1) and (3.2) were enacted by BC Reg 65/2013, effective July 1, 2013.

 Rule 23-6 (3) BEFORE repealed by BC Reg 149-2013, effective March 31, 2014.

Powers of a master in estates

(3) A master has the powers of the court to dispose of all non-contentious business in the administration of estates.

 Rule 23-6 (8) to (10) BEFORE repealed by BC Reg 104/2019, effective July 1, 2019.

Appeal from master, registrar or special referee

(8) A person affected by an order or decision of a master, registrar or special referee may appeal the order or the decision to the court.

Form of appeal

(9) The appeal must be made by filing a notice of appeal in Form 121 within 14 days after the order or decision complained of.

Notice

(10) Unless otherwise ordered, there must be at least 3 days between the service of the notice of appeal and the hearing.

 Rule 23-6 (8.1) to (8.10) were enacted by BC Reg 104/2019, effective July 1, 2019.

 Rule 23-6 heading BEFORE re-enacted by BC Reg 277/2023, effective January 15, 2024.

Rule 23-6 — Masters, Registrars and Special Referees

 Rule 23-6 (1), (2), (6), (7), (8.1) and (11) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

Powers of a master

(1) Without limiting any other powers of a master under these Supreme Court Civil Rules, a master hearing an application has the powers of the court set out in Rules 8-5 (6) to (8) and 22-1 (2) to (8).

Master as registrar

(2) A master has the powers and jurisdiction of a registrar under these Supreme Court Civil Rules.

Reference by master to judge

(6) If a matter appears to a master to be proper for the decision of a judge, the master may refer it to a judge, and the judge may either dispose of the matter or refer it back to the master with directions.

Reference by registrar to judge or master

(7) If a matter appears to a registrar to be proper for the decision of a judge or master, the registrar may refer it to a judge or master, and the judge or master may either dispose of the matter or refer it back to the registrar with directions.

Notice of appeal

(8.1) An appeal from an order of a decision of a master, 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.]

Appeal not to act as stay

(11) An appeal from the decision of a master or registrar is not a stay of proceeding unless so ordered by the court or the master.

 Rule 23-6 (8.8) (b) (iv), (v), (vii) and (viii) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(iv) a copy of the order of the master 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 master, or reasons for decision of the registrar or special referee, or, if the reasons were given orally, a transcript of the reasons,

(vii) copies of any affidavits that were before the master, registrar or special referee that will be relied on for the appeal,

(viii) a transcript of any oral evidence heard by the master, registrar or special referee to be relied on for the appeal,

 Part 23.11, Rules 23.1-1 and 23.1-2 were enacted by BC Reg 236/2022, effective November 25, 2022.

 Rule 23.1-1 (4) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

Application must be made by requisition

(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 17.

[en. B.C. Reg. 236/2022, Sch. 1, s. 1.]

 Part 25 was enacted by BC Reg 149/2013, effective March 31, 2014.

BC Reg 149/2013 was partially amended by BC Reg B.C. Reg. 44/2014 effective March 31, 2014.

 Rule 25-1 (1) definitions of "physical will", "subscribing witness" and "third-party electronic repository" were added by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-1 (7) was enacted by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-2 (2) (a) (iii) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

(iii) each person who, under Division 1 of Part 3 of the Wills, Estates and Succession Act, would have been an intestate successor if the deceased did not leave a will and who is not referred to in subparagraph (i) or (ii) of this paragraph;

 Rule 25-2 (2) (b) (i) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

(i) each person who, under Division 1 of Part 3 of the Wills, Estates and Succession Act, is an intestate successor of the deceased, and

 Rule 25-2 (1) BEFORE re-enacted by BC Reg 250/2021, effective December 1, 2021.

Notice of intended application for estate grant or resealing

(1) Subject to this rule, unless the court otherwise orders, a person intending to apply for an estate grant or for the resealing of a foreign grant in relation to the estate of a deceased must, at least 21 days before submitting for filing the materials required for that application under this Part, deliver the following to the persons referred to in subrule (2):

(a) a notice that complies with subrule (3);

(b) whichever of the following, if any, that applies to the intended application:

(i) if the intended applicant intends to apply for a grant of probate or a grant of administration with will annexed, a copy of the will in relation to which the application is to be made;

(ii) if the intended applicant intends to apply for the resealing of a foreign grant or for an ancillary grant of probate or an ancillary grant of administration with will annexed, a copy of the foreign grant and, if a copy of the will in relation to which the foreign grant was issued is not attached to the foreign grant, a copy of the will;

(iii) if the intended applicant intends to apply for an ancillary grant of administration without will annexed, a copy of the foreign grant.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 3 (a).]

 Rule 25-2 (1.1) to (1.4) and (2.1) were enacted by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-2 (3) (h) was added by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-2 (10) BEFORE re-enacted by BC Reg 250/2021, effective December 1, 2021.

If person to whom notice is to be delivered is a mentally incompetent person

(10) Subrule (11) applies if

(a) there has been appointed for a person to whom documents are to be delivered under subrule (1)

(i) a committee appointed under the Patients Property Act, or

(ii) the equivalent of a committee appointed by a court outside British Columbia, or

(b) a person to whom documents are to be delivered under subrule (1) is or may be mentally incompetent and paragraph (a) of this subrule does not apply to the person.

[en. B.C. Reg. 149/2013, s. 8.]

 Rule 25-2 (2) (b) (i) and (ii) BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

(i) each person who, under Division 1 of Part 3 of the Wills, Estates and Succession Act, is an intestate successor of the deceased or would have been an intestate successor if the estate exceeded the preferential share of the spouse as described in section 21 (2) to (5) of that Act, and

(ii) each creditor of the deceased whose claim exceeds $10 000 and who is not referred to in subparagraph (i) of this paragraph;

 Rule 25-2 (2) (a) (iv) was added by BC Reg 87/2023, effective April 3, 2023.

 Rule 25-3 (14.1) was enacted by BC Reg 103/2015, effective July 1, 2015.

 Rule 25-3 (3) (a) (i.1) was added by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-3 (14) BEFORE re-enacted by BC Reg 115/2019, effective July 1, 2019.

Search for will

(14) The applicant in an application brought under this rule must swear or affirm in the affidavit required under subrule (2) (b) that the applicant is satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents, and,

(a) if the application is for a grant of probate, a grant of administration with will annexed, an ancillary grant of probate or an ancillary grant of administration with will annexed, one of the following:

(i) no testamentary document of the deceased that is dated later than the date of the will has been found;

(ii) one or more testamentary documents of the deceased dated later than the date of the will have been found, and the reasons why the applicant believes that those testamentary documents are invalid or otherwise not relevant to the application, or

(b) if the application is for a grant of administration without will annexed, one of the following:

(i) no testamentary document of the deceased has been found;

(ii) one or more testamentary documents of the deceased have been found, and the reasons why the applicant believes that those testamentary documents are invalid or otherwise not relevant to the application.

[en. B.C. Reg. 149/2013, s. 8.]

 Rule 25-3 (23.1) was enacted by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-3 (3) (a) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

(a) if the application will be for a grant of probate or a grant of administration with will annexed,

(i) the originally signed version of the will, if that original exists or, if that original does not exist, a copy of the will,

(i.1) in addition to the will or copy provided under subparagraph (i), 2 copies of the will, and

(ii) if an order has been made that affects the validity or content of the will and that order has not yet been filed in the proceeding within which the estate grant is being sought, a copy of that order;

 Rule 25-3 (3) (a.1) was added by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-3 (5) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

Documents to be separate

(5) None of the documents referred to in a paragraph of subrule (2) or (3) may be attached to any document referred to in any other paragraph of subrule (2) or (3), and, without limiting this, an originally signed version of the will, when submitted for filing in accordance with subrule (3) (a), must not be attached to any other document.

[en. B.C. Reg. 149/2013, s. 8.]

 Rule 25-3 (6) (f) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

(f) the will is not a military will executed in accordance with the requirements of section 38 of the Wills, Estates and Succession Act,

 Rule 25-3 (14) (a) (i.1) was added by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-3 (22.1) was enacted by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-3 (24) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

Reference to judge or master

(24) If, in relation to an application for an estate grant, there is a question under subrule (20), (21), (22) or (23) about what is or is not included in the will, the registrar must refer the application, along with any materials filed with the registrar under the applicable subrule, to a judge or master for an order resolving that question.

[en. B.C. Reg. 149/2013, s. 8.]

 Rule 25-3.2 was enacted by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-4 (6) (b) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

(b) proceed under Rule 25-9 to request a hearing by the court.

 Rule 25-4 (1.1) was enacted by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-5 (1) and (2) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

Applications to correct

(1) If the person to whom an estate grant is issued, or on whose behalf a foreign grant is resealed, determines that there is a clerical mistake, or an error arising from an accidental slip or omission, in the estate grant or resealed foreign grant, the person may apply to the registrar to correct the estate grant or resealed foreign grant.

[en. B.C. Reg. 149/2013, s. 8.]

Registrar may correct

(2) If, on an application under subrule (1) respecting an estate grant or a resealed foreign grant, the registrar is satisfied that a clerical mistake or an error has occurred in the estate grant or resealed foreign grant, the registrar may correct the clerical mistake or error by issuing to the applicant a correction record in Form P20.

[en. B.C. Reg. 149/2013, s. 8.]

 Rule 25-5 (3) (a) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

(a) if the person applying for the amendment is the person to whom the estate grant, authorization to obtain estate information or authorization to obtain resealing information was issued or on whose application the foreign grant was resealed, that person must provide to the registry the original estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant, along with all certified and notarial copies of it, concurrently with the filing of the application record provided under Rule 8-1 (15), or

 Rule 25-5 (5) (a) (i) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

(i) must provide to the registry the original estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant, along with all certified and notarial copies of it, concurrently with the filing of the notice of application, and

 Rule 25-5 (1.1) and (2.1) were enacted by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-5 (3) (b) (ii) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(ii) the person who has possession or control of the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant must file the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant no later than 4 p.m. on the day that is one full day before the date set for the hearing.

 Rule 25-5 (6) (a) (i) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(i) a requisition in Form 17, and

 Rule 25-6 (11) BEFORE re-enacted by BC Reg 250/2021, effective December 1, 2021.

Search for will

(11) The applicant in an application brought under this rule must swear or affirm in the affidavit required under subrule (2) (c) that the applicant is satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents, and,

(a) if the foreign grant is a grant of probate or a grant of administration with will annexed, one of the following:

(i) no testamentary document of the deceased that is dated later than the date of the foreign will has been found;

(ii) one or more testamentary documents of the deceased dated later than the date of the foreign will have been found and the reasons why the applicant believes that those testamentary documents are invalid or otherwise not relevant to the application, or

(b) if the foreign grant is a grant of administration without will annexed, one of the following:

(i) no testamentary document of the deceased has been found;

(ii) one or more testamentary documents of the deceased have been found, and the reasons why the applicant believes that those testamentary documents are invalid or otherwise not relevant to the application.

[en. B.C. Reg. 149/2013, s. 8.]

 Rule 25-10 (1) (part) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

Notice of dispute

(1) To oppose the issuance of an estate grant, an authorization to obtain estate information or an authorization to obtain resealing information or to oppose the resealing of a foreign grant, a person to whom documents have been or are to be delivered under Rule 25-2 (2) must file a notice of dispute that accords with subrule (3) of this rule before the earlier of

 Rule 25-10 (3) (a) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

(a) that the disputant is a person to whom documents have been or are to be delivered under Rule 25-2 (2), and

 Rule 25-14 (1) (part) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

How to apply for most applications

(1) A person may apply in accordance with Part 8, or, if nothing has been filed in relation to the estate, may, despite Rule 2-1 (1) and (2) (a) and (b), apply by requisition in Form P41, for an order

 Rule 25-14 (1) (d) and (g) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

(d) removing or substituting a personal representative or, if different, the holder of an authorization to obtain estate information or the holder of an authorization to obtain resealing information,

(g) appointing an administrator of an estate under section 132 of the Wills, Estates and Succession Act,

 Rule 25-14 (1.1) and (1.2) were enacted by BC Reg 103/2015, effective July 1, 2015.

 Rule 25-14 (1) (part) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

How to apply for most applications

(1) If there has been an application for estate grant, a person may apply in accordance with Part 8, or, if nothing has been filed in relation to the estate, may, despite Rule 2-1 (1) and (2) (a) and (b), apply by requisition in Form P41, for an order

 Rule 25-14 (1) (a) BEFORE repealed by BC Reg 115/2019, effective July 1, 2019.

(a) under Rule 25-2 (14),

 Rule 25-14 (1) (r) was added by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-14 (1.11) was enacted by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-14 (2) (f) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

(f) must, if there is no existing proceeding within which it is appropriate to seek that order, apply by requisition in Form P43.

 Rule 25-14 (3) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

Address for service

(3) An applicant who makes an application under subrule (1) by filing a requisition in Form P41 must include an address for service that is an accessible address that complies with Rule 4-1 (1).

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 12 (f).]

 Rule 25-14 (9) was enacted by BC Reg 115/2019, effective July 1, 2019.

 Rule 25-14 (1) (s) and (t) were added by BC Reg 250/2021, effective December 1, 2021.

 Rule 25-15 (5) was enacted by BC Reg 250/2021, effective December 1, 2021.

 Appendix A, List of Forms (part) BEFORE amended by BC Reg 58/2012, effective April 25, 2012.

Form 8 - Default Judgment

Form 35 - Order Made After Application [am. BC Reg. 119/2010, Sch. A, s. 45.]

Form 79 - Order for Indigent Status [am. BC Reg. 119/2010, Sch. A, s. 52.]

 Appendix A, Form 1 BEFORE repealed by BC Reg 119/2010, effective July 1, 2010.

Appendix

[The following information is provided for data collection purposes only and is of no legal effect.]

Part 1: CONCISE SUMMARY OF NATURE OF CLAIM:

Part 2: THIS CLAIM ARISES FROM THE FOLLOWING:

[Check one box below for the case type that best describes this case.]

[ ] a motor vehicle accident

[ ] personal injury, other than one arising from a motor vehicle accident

[ ] a dispute about real property (real estate)

[ ] a dispute about personal property

[ ] the lending of money

[ ] the provision of goods or services or other general commercial matters

[ ] an employment relationship

[ ] a dispute about a will or other issues concerning the probate of an estate

[ ] a matter not listed here

Part 3:

[If an enactment is being relied on, specify. Do not list more than 3 enactments.]

 Appendix A, Form 1 (a) to (c) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed notice of civil claim was served on you,

(b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed notice of civil claim was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed notice of civil claim was served on you, or

 Appendix A, Form 3 (a) to (c) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed counterclaim was served on you,

(b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed counterclaim was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed counterclaim was served on you, or

 Appendix A, Form 5 (a) to (c) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed third party notice was served on you,

(b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed third party notice was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed third party notice was served on you, or

 Appendix A, Form 8 BEFORE re-enacted by BC Reg 58/2012, effective April 25, 2012.

Form 8 (Rule 3-8 (2), (3), (5), (6) and (7) )

[Style of Proceeding]

BEFORE A REGISTRAR

DEFAULT JUDGMENT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

[Check whichever one of the following boxes is correct and complete the required information.]

[ ]The plaintiff(s) having filed and served a notice of civil claim and the defendant(s) ....................[name(s)].................... having failed to file and serve a response to civil claim within the time allowed;
[ ]Pursuant to an order made by ....................[judge/master].................... on ........[dd/mmm/yyyy]........ that this proceeding continue as if no response to civil claim had been filed by the defendant(s) ....................[name(s)]....................;

[Check whichever one of the following boxes is correct and complete the required information.]

THIS COURT ORDERS that:

[ ][if Rule 3-8 (3) is applicable] the defendant(s) ....................[name(s)].................... pay to the plaintiff(s) the sum of $....................;
[ ][if Rule 3-8 (5) is applicable] the defendant(s) ....................[name(s)].................... pay to the plaintiff(s) damages to be assessed;
[ ][if Rule 3-8 (6) (a) (i) is applicable] the defendant(s) ....................[name(s)].................... deliver to the plaintiff(s) the goods detained by the defendant(s), being ....................[description of goods]...................., or pay to the plaintiff(s) the value of the goods to be assessed;
[ ][if Rule 3-8 (6) (a) (ii) is applicable] the defendant(s) ....................[name(s)].................... pay to the plaintiff(s) the value to be assessed of the goods detained by the defendant(s) ...................., being ....................[description of goods]..................... ;

[Check the correct box(es) and complete the required information.]

THIS COURT FURTHER ORDERS that the defendant(s) ....................[name(s)].................... pay to the plaintiff(s):

[ ]interest as claimed in the amount of $...................
[ ]interest under the Court Order Interest Act in the amount of $...................
[ ]costs in the amount of $...................
[ ]costs to be assessed

Date: ................[dd/mmm/yyyy]..................................................................................................
Registrar

 Appendix A, Form 8 (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

Pursuant to an order made by ........................[judge/master]........................ on ..........[dd/mmm/yyyy].......... that this proceeding continue as if no response to civil claim had been filed by the defendant(s) ....................[name(s)]....................;

 Appendix A, Form 15 (part) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

On ........[dd/mmm/yyyy]........, at ..........[time of day].........., I served ...............[name of person served]............... with the ..........[type of document].......... in this proceeding, a copy of which is attached to this affidavit and marked as Exhibit A, by handing it to and leaving it with that person.

 Appendix A, Form 15 BEFORE re-enacted by BC Reg 120/2014, effective July 1, 2014.

Form 15 (Rule 4-6 (1) )

[Style of Proceeding]

AFFIDAVIT OF PERSONAL SERVICE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ...............[name]..............., of .......................[address]......................., ...............[occupation]..............., SWEAR (OR AFFIRM) THAT:

On ........[dd/mmm/yyyy]........, at ..........[time of day].........., I served ...............[name of person served]............... with the ..........[type of document].......... in this proceeding, a copy of which is attached to this affidavit and marked as Exhibit A, by handing it to and leaving it with that person at ........[city and country]........ .

SWORN (OR AFFIRMED) BEFORE ME )
at ...................................., British Columbia)
on ..............[dd/mmm/yyyy].............. .)........................................................................
)
......................................................................................)
A commissioner for taking affidavits)
for British Columbia)
.....[print name or affix stamp of commissioner].....

 Appendix A, Form 15 (part) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

[ ] the following documents that have been filed in this proceeding: [Using one line for each filed document served by personal service on the named person, describe the document including its date if available – e.g. notice of family claim between .............[name(s)]............. and ............[name(s)]............ bearing court stamp dated ........[dd/mmm/yyyy]........ , affidavit of .................[name]................. sworn ........[date]........ and bearing court stamp dated ........[dd/mmm/yyyy]........ , etc.]

 Appendix A, Form 15, section 3 was added by BC Reg 149/2022, effective October 3, 2022.

 Appendix A, Form 16 BEFORE re-enacted by BC Reg 120/2014, effective July 1, 2014.

Form 16 (Rule 4-6 (1) )

[Style of Proceeding]

AFFIDAVIT OF ORDINARY SERVICE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ...............[name]..............., of .......................[address]......................., ...............[occupation]..............., SWEAR (OR AFFIRM) THAT:

On ........[dd/mmm/yyyy]........, at ..........[time of day].........., I served ..........[name of person served].......... with the ..........[type of document].......... in this proceeding, a copy of which is attached to this affidavit and marked as Exhibit A, by

[ ] leaving the document at ...............[the party's address for service]...............

[ ] mailing the document by ordinary mail to ...............[the party's address for service]...............

[ ] faxing the document to ..........[fax number].......... together with a fax cover sheet

[ ] e-mailing the document to ..........[e-mail address]..........

SWORN (OR AFFIRMED) BEFORE ME )
at ...................................., British Columbia)
on ..............[dd/mmm/yyyy].............. .)........................................................................
)
......................................................................................)
A commissioner for taking affidavits)
for British Columbia)
.....[print name or affix stamp of commissioner].....

 Appendix A, Form 16 (part) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

[ ] the following documents that have been filed in this proceeding: [Using one line for each filed document served by personal service on the named person, describe the document including its date if available – e.g. notice of family claim between ..........[name(s)].......... and ..........[name(s)].......... bearing court stamp dated ........[dd/mmm/yyyy]........, affidavit of .................[name]................... sworn ...........[date]........... and bearing court stamp dated ..........[dd/mmm/yyyy]........ , etc.]

 Appendix A, Form 17 heading BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Form 17 (Rules 4-6 (1), 5-1 (4), 5-2 (4), 5-4 (1), 8-1 (22), 8-5 (2), 9-4 (1),12-2 (6),
13-3 (25), 16-1 (17), 20-5 (3), 21-5 (4), 23-1 (9), 23-3 (10) and 23-5 (5) )

 Appendix A, Form 17 heading BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

Form 17 (Rules 4-6 (1), 5-1 (4), 5-2 (4), 5-4 (1), 8-1 (21.1) and (22), 8-5 (2),
9-4 (1),12-2 (6), 13-3 (25), 16-1 (16.1) and (17), 20-5 (3), 21-5 (4), 23-1 (9),
23-3 (10) and 23-5 (5) )

 Appendix A, Form 17 heading BEFORE amended by BC Reg 120/2014, effective July 1, 2014.

Form 17 (Rules 4-6 (1), 5-1 (4), 5-2 (4), 5-4 (1), 8-1 (21.1) and (22), 8-5 (2),
9-4 (1),12-2 (6), 13-3 (25), 16-1 (16.1) and (17), 20-5 (3), 23-1 (9),
23-3 (10), 23-5 (5) and 25-5 (6) )

 Appendix A, Form 17 heading BEFORE amended by BC Reg 236/2022, effective November 25, 2022.

Form 17 (Rules 4-6 (1), 5-1 (4), 5-2 (4), 5-4 (1), 8-1 (21.1) and (22), 9-4 (1), 12-2 (6), 13-3 (25), 16-1 (16.1) and (17), 20-5 (3), 23-1 (9), 23-3 (10) and 23-5 (5), 25-5 (6), )

 Appendix A, Form 17 heading BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

Form 17 (Rules 4-6 (1), 5-1 (4), 5-2 (4), 5-4 (1), 8-1 (21.1) and (22), 9-4 (1), 12-2 (6), 13-3 (25), 16-1 (16.1) and (17), 20-5 (3), 23-1 (9), 23-3 (10), 23-5 (5), 23.1-1 (4) and 25-5 (6) )

 Appendix A, Form 17 (parts) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

[Include a description of supporting document(s). Each affidavit included on the list must be identified as follows: "Affidavit #.....[sequential number, if any, recorded in the top right hand corner of the affidavit]..... of ...............[name]..............., made ........[dd/mmm/yyyy]........".]

Date: ................[dd/mmm/yyyy].................

 Appendix A, Form 17.1 was enacted by BC Reg 120/2014, effective July 1, 2014.

 Appendix A, Form 17.1 (parts) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

[Include a description of supporting document(s). Each affidavit included on the list must be identified as follows: "Affidavit #.....[sequential number, if any, recorded in the top right hand corner of the affidavit]..... of ...............[name]..............., made ........[dd/mmm/yyyy]........".]

Date: ................[dd/mmm/yyyy].................

Date set for hearing of main application: ................[dd/mmm/yyyy].................

Service by applicant of Notice of Application and applicant's affidavits with this order on the respondent(s) before ........a.m./p.m......... on ................[dd/mmm/yyyy].................

Service of respondent(s)'s Application Response and affidavits on applicant before ........a.m./p.m......... on ................[dd/mmm/yyyy].................

Date ................[dd/mmm/yyyy].................

 Appendix A, Form 17.1 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

ORDER BY ENDORSEMENT (to be completed by a judge, master or registrar)

Judge/Master/Registrar....................................................

 Appendix A, Form 17.2 was enacted by BC Reg 120/2014, effective July 1, 2014.

 Appendix A, Form 17.2 heading BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

REQUISITION

 Appendix A, Form 17.2 (part) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

Date: ................[dd/mmm/yyyy].................

 Appendix A, Form 19.1 was enacted by BC Reg 176/2023, effective September 1, 2023.

 Appendix A, Form 19.1 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

ORDER BY ENDORSEMENT (to be completed by a judge, master or registrar)

Judge/Master/Registrar ................................

 Appendix A, Form 20.1 was enacted by BC Reg 176/2023, effective September 1, 2023.

 Appendix A, Form 20.1 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

ORDER BY ENDORSEMENT (to be completed by a judge, master or registrar)

Judge/Master/Registrar ................................

 Appendix A, Form 21 (part) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

APPROVED AS TO FORM

 Appendix A, Form 21, heading to section 6 BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

6  Witnesses (Rule 7-4 of the Supreme Court Civil Rules)

 Appendix A, Form 21 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

A JUDGE OF THE COURT
or
A MASTER OF THE COURT

AT A CASE PLANNING CONFERENCE conducted on ........[dd/mmm/yyyy]........ by ..........[judge/master].......... in the presence of ..........[names of attending counsel and parties]..........;

 Appendix A, Form 22 BEFORE re-enacted by BC Reg 119/2010, effective July 1, 2010.

Form 22 (Rule 7-1 (1) )

[Style of Proceeding]

LIST OF DOCUMENTS

Prepared by: ................[party]................ (the "listing party")

Part 1: DOCUMENTS THAT ARE OR HAVE BEEN IN THE LISTING PARTY'S POSSESSION OR CONTROL AND THAT COULD BE USED BY ANY PARTY AT TRIAL TO PROVE OR DISPROVE A MATERIAL FACT

[Do not include documents listed under Part 3.]

No.Date of document
[dd/mmm/yyyy]
Description of documentIndicate by a check mark if the document is no longer in the listing party's possession or controlIndicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed
1.1[ ]
1.2[ ]

Part 2: OTHER DOCUMENTS TO WHICH THE LISTING PARTY INTENDS TO REFER AT TRIAL

[Do not include documents listed under Part 1, 3 or 4.]

No.Date of document
[dd/mmm/yyyy]
Description of documentIndicate by a check mark if
the document is no longer
in the listing party's
possession or control
Indicate, for each document listed in
this Part by way of an amendment to
this List of Documents under Rule 7-1
(9), (12) or (14), the
date on which the document was listed
2.1[ ]
2.2[ ]

Part 3: DOCUMENTS THAT RELATE TO A MATTER IN QUESTIONS IN THE ACTION

[List here all documents that are listed in response to a demand under Rule 7-1 (11) of the Supreme Court Civil Rules, and all documents that are listed in response to a court order under Rule 7-1 (14) of the Supreme Court Civil Rules, that have not been listed under Part 1 or 2. Do not include documents listed under Part 1, 2 or 4.]

No.Date of document
[dd/mmm/yyyy]
Description of documentIndicate by a check mark if
the document is no longer
in the listing party's
possession or control
Indicate, for each document listed in
this Part by way of an amendment to
this List of Documents under Rule 7-1
(9), (12) or (14), the date on which the
document was listed
3.1[ ]
3.2[ ]

Part 4: DOCUMENTS FOR WHICH PRIVILEGE FROM PRODUCTION IS CLAIMED

No.Date of document
[dd/mmm/yyyy]
Description of documentGrounds on which privilege
is claimed
Indicate, for each document listed in
this Part by way of an amendment to
this List of Documents under Rule 7-1
(9), (12) or (14), the date on which
the document was listed
4.1
4.2

TAKE NOTICE that the documents listed in Part 1, 2 or 3 of this List of Documents that are not shown as no longer being in the listing party's possession or control may be inspected and copied, during normal business hours, at ................[specify location]................

Date: ................[dd/mmm/yyyy]..................................................................................................
Signature of
[ ] listing party [ ] lawyer for listing party
...........................[type or print name]..........................

 Appendix A, Form 22 (part) BEFORE amended by BC Reg 3/2016, effective July 1, 2016.

Date: ................[dd/mmm/yyyy]..................................................................................................
Signature of
[ ] listing party [ ] lawyer for listing party
...........................[type or print name]..........................

 Appendix A, Form 23 (part) BEFORE amended by BC Reg 3/2016, effective July 1, 2016.

Date: ................[dd/mmm/yyyy]..................................................................................................
Signature of [ ] party wishing to conduct
examination [ ] lawyer for party(ies) wishing
to conduct examination
...........................[type or print name]..........................

 Appendix A, Form 27 (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

THE HONOURABLE JUSTICE

or

MASTER

 Appendix A, Form 30.01 was enacted by BC Reg 239/2023, effective January 15, 2024.

 Appendix A, Form 30.01 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

ORDER BY ENDORSEMENT (to be completed by a judge, master or registrar)

Judge/Master ................................

 Appendix A, Form 30.1 was enacted by BC Reg 115/2019, effective July 1, 2019.

 Appendix A, Form 30.1, heading BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

Form 30.1 (Rule 19-5)

 Appendix A, Form 30.1 (part) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

[Check the correct box and provide the required information.]

 Appendix A, Form 30.1, Part 1 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

[Using numbered paragraphs, provide information about the foreign rule, enactment or other requirement relied on in this request that necessitates additional formalities for the requested certified copy by the judicial authority of another jurisdiction.]

1

2

 Appendix A, Form 30.1, Part 2 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

[Using numbered paragraphs, describe the requested certification or other formal documentation.]

1

2

[Using numbered paragraphs, provide information about the foreign rule, enactment or other requirement relied on in this request that necessitates the requested certification or other formal documentation by the judicial authority of another jurisdiction.]

1

2

Date: ........[dd/mm/yyyy].................................................................................................

 Appendix A, Form 31, new text added before "Date: ................[dd/mmm/yyyy]................." by BC Reg 119/2010, effective July 1, 2010.

 Appendix A, Form 31 heading BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

Form 31 (Rules 7-8 (17), 8-3 (1), 8-4 (1) and 17-1 (2) )

 Appendix A, Form 32 BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Form 32 (Rule 8-1 (4) )

[Style of Proceeding]

NOTICE OF APPLICATION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Name(s) of applicant(s): ..................................................................

To: ..................[name(s) of party(ies) or person(s) affected]..................

TAKE NOTICE that an application will be made by the applicant(s) to the presiding judge or master at the courthouse at ......................[address of registry in which the proceeding is being conducted]...................... on ........[dd/mmm/yyyy]........ at .........[time of day]........ for the order(s) set out in Part 1 below.

Part 1: ORDER(S) SOUGHT

[Using numbered paragraphs, set out the order(s) that will be sought at the application and indicate against which party(ies) the order(s) is(are) sought.]

1

2

Part 2: FACTUAL BASIS

[Using numbered paragraphs, set out a brief summary of the facts supporting the application.]

1

2

[If any party sues or is sued in a representative capacity, identify the party and describe the representative capacity.]

Part 3: LEGAL BASIS

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal arguments on which the applicant(s) intend(s) to rely in support of the orders sought. If appropriate, include citation of applicable cases.]

1

2

Part 4: MATERIAL TO BE RELIED ON

[Using numbered paragraphs, list the affidavits served with the notice of application and any other affidavits and other documents already in the court file on which the applicant(s) will rely. Each affidavit included on the list must be identified as follows: "Affidavit #........[sequential number, if any, recorded in the top right hand corner of the affidavit]........ of ......................[name]......................, made ........[dd/mmm/yyyy]........".]

1

2

The applicant(s) estimate(s) that the application will take ...........[time estimate]........... .

TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to receive notice of the time and date of the hearing or to respond to the application, you must

(a) file an application response in Form 33 within 5 days after the date of service of this notice of application or, if the application is brought under Rule 9-7 of the Supreme Court Civil Rules, within 11 days after the date of service of this notice of application, and

(b) at least 2 days before the date set for the hearing of the application, serve on the applicant 2 copies, and on every other party one copy, of a filed copy of the application response and the other documents referred to in Rule 9-7 (12) of the Supreme Court Civil Rules.

Date: ................[dd/mmm/yyyy]..................................................................................................
Signature of
[ ] applicant [ ] lawyer for applicant(s)
...........................[type or print name]..........................
To be completed by the court only:
Order made
[ ]in the terms requested in paragraphs ...................... of Part 1 of this notice of application
[ ]with the following variations and additional terms:
...............................................................................................................
...............................................................................................................
...............................................................................................................
Date: .......[dd/mmm/yyyy]........
....................................................
Signature of [ ] Judge [ ] Master

Appendix

[The following information is provided for data collection purposes only and is of no legal effect.]

THIS APPLICATION INVOLVES THE FOLLOWING:

[Check the box(es) below for the application type(s) included in this application.]

[ ]document discovery
[ ]oral examination for discovery
[ ]amend pleadings
[ ]add/change parties
[ ]summary judgment
[ ]summary trial
[ ]service
[ ]mediation
[ ]adjournments
[ ]proceedings at trial
[ ]case plan orders
[ ]experts

 Appendix A, Form 32 (part) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to respond to the application, you must

(a) file an application response in Form 33 within 5 days after the date of service of this notice of application or, if the application is brought under Rule 9-7 of the Supreme Court Civil Rules, within 11 days after the date of service of this notice of application, and

(b) at least 2 days before the date set for the hearing of the application, serve on the applicant 2 copies, and on every other party one copy, of a filed copy of the application response and the other documents referred to in Rule 9-7 (12) of the Supreme Court Civil Rules.

 Appendix A, appendix to Form 32, text "[ ] none of the above" was added to the end by BC Reg 115/2019, effective July 1, 2019.

 Appendix A, Form 32 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

TAKE NOTICE that an application will be made by the applicant(s) to the presiding judge or associate judge at the courthouse at ......................[address of registry in which the proceeding is being conducted]...................... on ........[d/mmm/yyyy]........ at .........[time of day]........ for the order(s) set out in Part 1 below.

[Using numbered paragraphs, list the affidavits served with the notice of application and any other affidavits and other documents already in the court file on which the applicant(s) will rely. Each affidavit included on the list must be identified as follows: "Affidavit #........[sequential number, if any, recorded in the top right hand corner of the affidavit]........ of ......................[name]......................, made ........[dd/mmm/yyyy]........".]

Date: ................[dd/mmm/yyyy].................
Date: .......[dd/mmm/yyyy]........

 Appendix A, Form 32, 4 lines of text were added above "Part 1: ORDER(S) SOUGHT" by BC Reg 239/2023, effective January 15, 2024.

 Appendix A, Form 32, Part 3 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal arguments on which the applicant(s) intend(s) to rely in support of the orders sought. If appropriate, include citation of applicable cases.]

1

2

 Appendix A, Form 32, Part 4 (parts) BEFORE struck out by BC Reg 239/2023, effective January 15, 2024.

The applicant(s) estimate(s) that the application will take ...........[time estimate]........... .

[Check the correct box.]

[  ] This matter is within the jurisdiction of a master.

[  ] This matter is not within the jurisdiction of a master.

 Appendix A, Form 32 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

TAKE NOTICE that an application will be made by the applicant(s) to the presiding judge or master at the courthouse at ......................[address of registry in which the proceeding is being conducted]...................... on ........[date]........ at .........[time of day]........ for the order(s) set out in Part 1 below.

    [  ] This matter is within the jurisdiction of a master.

    [  ] This matter is not within the jurisdiction of a master.

....................................................
Signature of [  ] Judge [  ] Master

 Appendix A, Form 33 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

THIS IS A RESPONSE TO the notice of application of ......................[party(ies)]...................... filed ........[dd/mmm/yyyy]........ .

[Using numbered paragraphs, list the affidavits served with this application response and any other affidavits and other documents already in the court file on which the application respondent(s) will rely. Each affidavit included on the list must be identified as follows: "Affidavit #.........[sequential number, if any, recorded in the top right hand corner of the affidavit]......... of ...................[name]...................., made ...........[dd/mmm/yyyy]...........".]

Date: ................[dd/mmm/yyyy]..................................................................................................

 Appendix A, Form 33, text was added above "Part 1: ORDERS CONSENTED TO" by BC Reg 239/2023, effective January 15, 2024.

 Appendix A, Form 33, Part 5 BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

Part 5:  LEGAL BASIS

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal arguments on which the application respondent(s) intend(s) to rely in opposing the orders sought in the application. If appropriate, include citation of applicable cases.]

1

2

 Appendix A, Form 33, Part 6 (part) BEFORE struck out by BC Reg 239/2023, effective January 15, 2024.

The application respondent(s) estimate(s) that the application will take ...........[time estimate]........... .

 Appendix A, Form 33, Part 6 (part) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

[Check whichever one of the following is correct and complete any required information.]

 Appendix A, Form 33.1 was enacted by BC Reg 149/2022, effective October 3, 2022.

 Appendix A, Form 33.1 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

Judge/Master............. on .............

 
I have drafted the order consistent with the terms prescribed by the judge/master as stated on the court record.

[ ] I have attached the clerk's notes relating to the order of the judge/master

[ ] I have not attached the clerk's notes relating to the order of the judge/master for the following reason(s): .....[briefly state the reasons]..........

 Appendix A, Form 34 (part) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Consented to:

 Appendix A, Form 34 (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

[  ] A JUDGE OF THE COURT
    or
[  ] A MASTER OF THE COURT
    or
[  ] A REGISTRAR

 Appendix A, Form 35 (part) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

THIS COURT ORDERS that:

1

2

APPROVED AS TO FORM

 Appendix A, Form 35 BEFORE re-enacted by BC Reg 58/2012, effective April 25, 2012.

Form 35 (Rules 8-4 (1), 13-1 (3) and 17-1 (2) )

[Style of Proceeding]

ORDER MADE AFTER APPLICATION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

BEFORE

THE HONOURABLE JUSTICE ................
or A JUDGE OF THE COURT
or
MASTER ...................................................
or A MASTER OF THE COURT


......[dd/mmm/yyyy]......

ON THE APPLICATION of ......................[party(ies)]......................

[ ]coming on for hearing at ...................... on ........[dd/mmm/yyyy]........ and on hearing ................[name of party/lawyer]................ and ................[name of party/lawyer]................;
[ ]without notice coming on for hearing at ...................... on ........[dd/mmm/yyyy]........ and on hearing ................[name of party/lawyer]................;
[ ]without a hearing and on reading the materials filed by ................[name of party/lawyer]................ and ................[name of party/lawyer]................;

THIS COURT ORDERS that:

[If any of the following orders are by consent, indicate that fact by adding the words "By consent," to the beginning of the description of the order.]

1

2

3

THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:

[A signature line in the following form must be completed and signed by or for each approving party.]

..............................................................................
Signature of

[ ] party [ ] lawyer for .......[name of party(ies)].....

.........................[type or print name]........................

..............................................................................
Signature of

[ ] party [ ] lawyer for .......[name of party(ies)].....

.........................[type or print name]........................

By the Court.
..................................................................................
Registrar

 Appendix A, Form 35 (part) BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

Form 35 (Rules 8-4 (1), 13-1 (3) and 17-1 (2) )

 Appendix A, Form 35 (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

THE HONOURABLE JUSTICE ................
or A JUDGE OF THE COURT
or
MASTER ...................................................
or A MASTER OF THE COURT

 Appendix A, Form 40 BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Form 40 (Rule 12-1 (2) )

[Style of Proceeding]

NOTICE OF TRIAL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party(ies)].........................

TAKE NOTICE that the trial and trial management conference of this proceeding have been set down at the following places, dates and times:

Trial Management ConferenceTrial
City
Address of Courthouse
Date [dd/mmm/yyyy]
Time

..................................................................................
Registrar

[Check whichever one of the following boxes is correct and complete any required information.]

The place of trial set out above is:

[ ] the place of trial set out in the notice of civil claim.
[ ] set out in the order of this Honourable Court dated ........[dd/mmm/yyyy]........ .

[Check whichever one of the following boxes is correct and complete the required information.]

[ ]All parties of record in this action agree that not more than .................... is a reasonable time for the hearing of all evidence and argument in this action.
[ ]There is a disagreement as to the estimate of a reasonable time for the hearing of all evidence and argument in this action. The estimates of the parties of record are as follows:
Name of partyTime Estimate

I undertake to pay all hearing fees payable under Appendix C, Schedule 1, Item 14.

Date: ................[dd/mmm/yyyy]..................................................................................................
Signature of
[ ] filing party [ ] lawyer for filing party(ies)
...........................[type or print name]..........................

Appendix

[The following information is provided for data collection purposes only and is of no legal effect.]

Part 1: THIS CLAIM INVOLVES THE FOLLOWING:

[Check one box below for the case type that best describes this case.]

[ ] a motor vehicle accident

[ ] a personal injury, other than one arising from a motor vehicle accident

[ ] a dispute about real property (real estate)

[ ] a dispute about personal property

[ ] the lending of money

[ ] the provision of goods or services or other general commercial matters

[ ] an employment relationship

[ ] a dispute about a will or other issues concerning the probate of an estate

[ ] a matter not listed here

Part 2:

[If an enactment is being relied on, specify. Do not list more than 3 enactments.]

 Appendix A, Form 40 (part) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

I undertake to pay all hearing fees payable under Appendix C, Schedule 1, Item 14.

 Appendix A, Form 40 (part) BEFORE repealed by BC Reg 103/2015, effective July 1, 2015.

I undertake to pay all hearing fees payable under Appendix C, Schedule 1, Item 10.

 Appendix A, Form 41, line below added preceding "1 Summary of Issues and Positions" Appendix A BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

The trial of this action is scheduled for ................[number of days scheduled for trial]................ days and is scheduled to begin on ........[dd/mmm/yyyy]........ .

 Appendix A, Form 41 BEFORE re-enacted by BC Reg 3/2016, effective July 1, 2016.

Form P41 (Rule 25-14 (1) )

No. .....................
................................. Registry

In the Supreme Court of British Columbia

In the Matter of the Estate of .......[legal name of deceased]......., deceased

REQUISITION — ESTATES

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[person(s)].........................

Required:

1 The rule or other enactment relied on is ...............[set out rule or enactment relied on].............. .

2 Attached to this requisition is a draft of the order required.

3 The evidence in support of the application is ............................................ .

[Complete the following if the filing of this requisition starts a proceeding.]

This requisition is filed by .....................[name]....................., whose address for service is as follows:

[You must set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Street address for service: .......................................................................................................

Fax number address for service (if any): ..............................

E-mail address for service (if any): ......................................

Telephone number: ...............................................................

Date: .........[dd/mmm/yyyy]........................................................................................
Signature of [ ] filing person(s) [ ] lawyer for filing person(s)
........................[type or print name]........................

 Appendix A, Form 41 BEFORE re-enacted by BC Reg 176/2023, effective September 1, 2023.

Form 41 (Rule 12-2 (3) and (3.1) )

[Style of Proceeding]

TRIAL BRIEF

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .................[party]................. (the "filing party")

[The pages of this trial brief must be consecutively numbered. If this trial brief is more than 5 pages in length, it must include an index.]

The trial of this action is scheduled for ........[number of days scheduled for trial]........ days and is scheduled to begin on ........[dd/mmm/yyyy]........ . The total time needed respecting items 2, 4, 5, 9 and 11, as applicable, is ........[total, in hours, of all times indicated in items 2, 4, 5, 9 and 11 below]........ .

[Check whichever one of the following boxes is correct and complete any required information.]

[ ] The filing party expects the trial to complete within the scheduled time.

[ ] The filing party expects the trial to require ........[number]........ days, and the filing party and counsel are available to continue for ........[number]........ consecutive days following the currently scheduled completion date.

1 Summary of Issues and Positions

The following are the issues in dispute and the filing party's position on each:

Issue in disputeFiling party's position
11
22

2 Witnesses to be Called

The following are the names and addresses of the witnesses the filing party intends to call at trial, the issue(s) each will address, an estimate of the time each will need for giving direct evidence, and the filing party's opinion on whether, if the court so orders or the parties all consent, the witness's direct evidence could conveniently be given by affidavit:

NameAddressIssueTime in
hours
needed
Direct evidence
by affidavit
(Y/N)
     
     

3 Expert Reports

The following are the expert reports that will be offered as evidence at trial:

Name of expertArea of expertiseDate of report
   
   

4 Witnesses to be Cross-Examined

The following are the names of the witnesses the filing party anticipates cross-examining at trial, and an estimate of the time the filing party will need for each:

NameTime in hours needed
  
  
  

5 Objection to Admissibility

The filing party intends to object to the admissibility of all or a part of the following expert reports:

Name of expertArea of expertiseDate of reportBasis of objectionTime in
hours
needed
     
     

6 Documents and Exhibits

1 The parties [ ] have agreed on [ ] have not agreed on [ ] have not yet discussed a common book of documents.

2 The parties [ ] have reached [ ] have not reached [ ] have not yet discussed an agreement governing the use and admissibility of documents.

7 Admissions

The filing party will admit the following facts at trial:

1

2

8 Authorities

The filing party [ ] expects [ ] does not expect that there will be a joint brief of authorities.

9 Time Required for Submissions

The filing party estimates that ........[time estimate, in hours]........ will be needed for the filing party's opening statement and ........[time estimate, in hours]........ will be needed for that party's final submissions.

10 Orders That May Affect the Conduct of the Trial

The following orders may affect the conduct of the trial:

Date of orderNature of order
  
  
  

11 Orders or Directions to be Applied for at the Trial Management Conference

The following orders or directions will be applied for at the trial management conference:

Nature of order or directionTime in hours needed for application
  
  
  

12 Settlement

1 Settlement discussions or mediation sessions [ ] have [ ] have not taken place.

2 A mediation [ ] is [ ] is not scheduled before the date set for trial.

3 The court at the trial management conference [ ] will [ ] will not be asked to assist the parties' efforts to settle.

13 Trial to be Heard With or Without Jury

[Check the correct box.]

The trial of this action is to be heard by the court

[ ] without a jury.

[ ] with a jury.

Date: ................[dd/mmm/yyyy]...............................................................................................
Signature of [ ] filing party [ ] lawyer for filing party
.......................[type or print name]........................

 Appendix A, Form 42 BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Form 42 (Rule 12-4 (1) )

[Style of Proceeding]

TRIAL CERTIFICATE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party].........................

I, ....................[name]...................., ........[the plaintiff/lawyer for the plaintiff/defendant/lawyer for the defendant]........, CERTIFY THAT:

1I will be ready to proceed on the scheduled trial date, ........[date trial is scheduled to begin – dd/mmm/yyyy]........, at ..............[place of trial]................ .
2My current estimate is that the trial will last ................ days.
3I have completed all examinations for discovery.
4If the action is settled before trial, I will give the registrar prompt notice of the settlement.
5I will give the registrar prompt notice of any proposed adjournment of the trial.

Date: ................[dd/mmm/yyyy]..................................................................................................
Signature of
[ ] filing party [ ] lawyer for filing party
...........................[type or print name]..........................

 Appendix A, Form 42, items 9 and 10, Appendix A were added by BC Reg 95/2011, effective July 1, 2011.

 Appendix A, Form 42 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

I will be ready to proceed on the scheduled trial date, ........[date trial is scheduled to begin — dd/mmm/yyyy]........, at ..............[place of trial]................ .

Date: ................[dd/mmm/yyyy].................

 Appendix A, Form 42, item 4 BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

4A trial management conference has been conducted in this action.

 Appendix A, Form 43 BEFORE re-enacted by BC Reg 65/2013, effective July 1, 2013.

Form 43 (Rule 12-5 (8) )

[Style of Proceeding]

NOTICE TO PRODUCE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ......................[party(ies)]......................

TAKE NOTICE that ....................[party(ies)].................... require(s) you to produce at ........[the trial of this action/the deposition examination of ....................[name]....................]........ all documents in your possession or control relating to the matters in question [and, if applicable, the following physical objects: .........................................................................................................................................................] .

Date: ................[dd/mmm/yyyy]..................................................................................................
Signature of [ ] party requiring production
[ ] lawyer for party(ies) requiring production
...........................[type or print name]..........................

 Appendix A, Form 47.1 was enacted by BC Reg 176/2023, effective September 1, 2023.

 Appendix A, Form 47.1 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

[insert name of person appearing][insert name of person appearing]
[insert description of person appearing][insert description of person appearing]

 Appendix A, Form 47.1 (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

BEFORE            MASTER/JUSTICE

 Appendix A, Form 48 BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Form 48 (Rule 13-1 (3) )

[Style of Proceeding]

ORDER AFTER TRIAL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

BEFORE THE HONOURABLE JUSTICE .....[dd/mmm/yyyy].....

THIS ACTION coming on for trial at ............................, on ........[dd/mmm/yyyy]........, and on hearing ......................[name of party/lawyer]...................... and ......................[name of party/lawyer]......................, [add the following if applicable: AND JUDGMENT being reserved to this date]:

THIS COURT ORDERS that:

1

2

3

By the Court.
..................................................................................
Registrar

 Appendix A, Form 49 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

[  ]  settlement of the terms of the order of ........[Mr. Justice, Madam Justice or Master]........ made ........[dd/mmm/yyyy]........

[  ]  reference ordered by........[Mr. Justice, Madam Justice or Master]........

Master, Registrar or Special Referee

 Appendix A, Forms 51 to 54 had the text "Name and address of lawyer or person causing this writ to be issued: ................................................ ." added following "[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]" by BC Reg 95/2011, effective July 1, 2011.

 Appendix A, Form 59.1 was enacted by BC Reg 95/2011, effective July 1, 2011.

 Appendix A, Form 61, had the text "Filed by: .........................[party(ies)]........................." added following "[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]" by BC Reg 95/2011, effective July 1, 2011.

 Appendix A, Form 62 BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Form 62 (Rule 14-1 (20) )

[Style of Proceeding]

BILL OF COSTS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

This is the bill of costs of: ........................[name(s)]........................

Tariff scale ................ Unit value $................

TARIFF ITEMS
Item #Description# of Units Claimed# of Units Allowed
...........................................................................................
...........................................................................................
...........................................................................................
Total number of units:..........................................
Multiply by unit value:..........................................
Subtotal:$................$................
PST:$................$................
GST:$................$................
Total:$................$................$................
DISBURSEMENTS
DescriptionClaimedAllowed
........................................$................$................
........................................$................$................
........................................$................$................
........................................$................$................
PST:$................$................
GST:$................$................
Total:$................$................$................
TOTAL ALLOWED$................$................
Date: ............[dd/mmm/yyyy]............. .....................................................................................
Signature of assessing officer

 Appendix A, Form 63 BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Form 63 (Rule 14-1 (20) )

[Style of Proceeding]

DEFAULT JUDGMENT BILL OF COSTS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

This is the default judgment bill of costs of: ........................[name(s)]........................

Amount involved $................

COSTS
DescriptionClaimedAllowed
To enter judgment under Rule 3-8$................$................
Additional costs, if any, ordered under
section 6 (5) of Appendix B
$................$................
Total:$................$................$................
DISBURSEMENTS
DescriptionClaimedAllowed
................................$................$................
................................$................$................
................................$................$................
................................$................$................
PST:$................$................
GST:$................$................
Total:$................$................$................
TOTAL ALLOWED$................
Date: ............[dd/mmm/yyyy]............. .....................................................................................
Signature of assessing officer

 Appendix A, Form 66, the text "ON NOTICE TO: ................[name and address of each person to be served]................" was added following "[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]" by BC Reg 95/2011, effective July 1, 2011.

 Appendix A, Form 66 (a) to (c) following "A response to petition must be filed and served on the petitioner(s)," BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) if you reside anywhere within Canada, within 21 days after the date on which a copy of the filed petition was served on you,

(b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed petition was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed petition was served on you, or

 Appendix A, Form 66, line following "Part 4" BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

The petitioner(s) estimate(s) that the hearing of the petition will take ............. minutes.

 Appendix A, Form 66, line before "Part 1" BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

This proceeding has been started by the petitioner(s) for the relief set out in Part 1 below.

 Appendix A, Form 66 heading BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

Form 66 (Rules 16-1 (2) and 21-5 (14) )

 Appendix A, Form 66, 5 lines of text were added before "This proceeding is brought for relief set out in Part 1 below, by" by BC Reg 239/2023, effective January 15, 2024.

 Appendix A, Form 66, items (1) and (2) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

(1)The address of the registry is:
(2)The ADDRESS FOR SERVICE of the petitioner(s) is: ..........[Set out the street address of the address for service for each petitioner. One or both of a fax number and an e-mail address may be given as additional addresses for service.]..........
Fax number address for service (if any) of the petitioner(s):
E-mail address for service (if any) of the petitioner(s):

 Appendix A, Form 66, item (3) BEFORE struck out by BC Reg 239/2023, effective January 15, 2024.

(3)The name and office address of the petitioner's(s') lawyer is:

 Appendix A, Form 66, Part 3 BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

Part 3: LEGAL BASIS

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal bases on which the petitioner(s) intend(s) to rely in support of the orders sought.]

1

2

 Appendix A, Form 66, (part) BEFORE struck out by BC Reg 239/2023, effective January 15, 2024.

The petitioner(s) estimate(s) that the hearing of the petition will take ...........[time estimate]........... .

 Appendix A, Form 66, (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

[Using numbered paragraphs, list the affidavits served with the petition. Each affidavit included on the list must be identified as follows: "Affidavit #..........[sequential number, if any, recorded in the top right hand corner of the affidavit].......... of ..........[name].........., made ........[dd/mmm/yyyy]........".]

Date: ................[dd/mmm/yyyy].................
Date: .......[dd/mmm/yyyy]........

 Appendix A, Form 66 (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

....................................................
Signature of [  ] Judge [  ] Master

 Appendix A, Form 67 heading BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

Form 67 (Rule 16-1 (5) )

 Appendix A, Form 67 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

THIS IS A RESPONSE TO the petition filed ........[dd/mmm/yyyy]........ .

[Using numbered paragraphs, list the affidavits served with this response to petition and any other affidavits and other documents already in the court file on which the petition respondent(s) will rely. Each affidavit included on the list must be identified as follows: "Affidavit #..........[sequential number, if any, recorded in the top right hand corner of the affidavit].......... of ..........[name].........., made ........[dd/mmm/yyyy]........".]

Date: ................[dd/mmm/yyyy].................

 Appendix A, Form 67, text was added before "Part 1: ORDERS CONSENTED TO" by BC Reg 239/2023, effective January 15, 2024.

 Appendix A, Form 67, Part 5 BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

Part 5: LEGAL BASIS

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal bases on which the petition respondent(s) intend(s) to rely in opposing the orders sought in the petition. In addition, a written argument may be provided to the court in opposition to the petition.]

1

2

 Appendix A, Form 67, Part 6 (part) BEFORE struck out by BC Reg 239/2023, effective January 15, 2024.

The petition respondent(s) estimate(s) that the application will take ........[time estimate]........ .

 Appendix A, Form 68 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

[  ] This matter is within the jurisdiction of a master.

[  ] This matter is not within the jurisdiction of a master.

 Appendix A, Form 70 title BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

Form 70 (Rules 18-1 (22), 18-2 (8), 18-3 (8) and 21-5 (47) )

 Appendix A, Form 73, new text was added before "If you intend to oppose the appeal, you or your lawyer must." by BC Reg 119/2010, effective July 1, 2010.

 Appendix A, Form 73 (a) to (c) following "A Notice of Interest must be filed and served on the appellant(s)," BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) if you reside in British Columbia, within 7 days after the date on which a copy of the filed notice of appeal was served on you,

(b) if you reside anywhere else within Canada, within 21 days after the date on which a copy of the filed notice of appeal was served on you,

(c) if you reside in the United States of America, within 28 days after the date on which a copy of the filed notice of appeal was served on you,

 Appendix A, Form 74, text was added before "If you intend to oppose the appeal, you or your lawyer must." by BC Reg 119/2010, effective July 1, 2010.

 Appendix A, Form 74 (part) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

ATTACHED is the standard set of directions, in the form directed by the Chief Justice, governing the conduct of the appeal.

 Appendix A, Form 74 (a) to (c) following "A Notice of Interest must be filed and served on the appellant(s)," BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) if you reside in British Columbia, within 7 days after the date on which a copy of the filed notice of appeal was served on you,

(b) if you reside anywhere else within Canada, within 21 days after the date on which a copy of the filed notice of appeal was served on you,

(c) if you reside in the United States of America, within 28 days after the date on which a copy of the filed notice of appeal was served on you,

 Appendix A, Form 77 (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

THE HONOURABLE JUSTICE
or
MASTER

 Appendix A, Form 79 (part) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

THIS COURT ORDERS that no fee is payable by ..........[name of person]......... to the government under Appendix C in relation to this proceeding subject to the following: ...................................................................................................;

THIS COURT ORDERS that no fee is payable by ..........[name of person]......... to the government under Appendix C in relation to

 Appendix A, Form 79 BEFORE re-enacted by BC Reg 58/2012, effective April 25, 2012.

Form 79 (Rule 20-5 (3) )

[Style of Proceeding]

ORDER FOR INDIGENT STATUS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

BEFORE

THE HONOURABLE JUSTICE

or

MASTER



......[dd/mmm/yyyy]......

ON THE APPLICATION of ...................[name]....................[add, if applicable, coming on before me on ..........[dd/mmm/yyyy].......... and on hearing ....................[name of party/lawyer].................. and ...................[name of party/lawyer]..................];

THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Schedule 1 of Appendix C in relation to this proceeding subject to the following: ..................................................

[OR]

THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Schedule 1 of Appendix C in relation to

[ ] this proceeding

[ ] the following part(s) of this proceeding: ................[describe part(s)]................

[ ] this proceeding during the following period(s): ................[describe period(s)]................

[ ] the following steps in this proceeding: ................[describe step(s)]................

subject to the following: ................[set out any conditions on this order]................ .

By the Court.
..................................................................................
Registrar

 Appendix A, Form 79 heading BEFORE amended by BC Reg 112/2012, effective July 1, 2012.

ORDER FOR INDIGENT STATUS

 Appendix A, Form 79 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

THE HONOURABLE JUSTICE
or
MASTER

 Appendix A, Form 80, item 7 BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

7 Attached as Exhibit A is a financial statement that accurately sets out the monthly income, expenses and assets of my household.

 Appendix A, Form 80, title and item 2 BEFORE amended by BC Reg 112/2012, effective July 1, 2012.

AFFIDAVIT IN SUPPORT OF INDIGENT APPLICATION

2 I make this affidavit in support of my application for an order that I be declared indigent with respect to the payment of fees set out in Schedule 1 of Appendix C of the Supreme Court Civil Rules.

 Appendix A, Form 80, section 2 BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

2 I make this affidavit in support of my application for an order that I be declared impoverished with respect to the payment of fees set out in Schedule 1 of Appendix C of the Supreme Court Civil Rules.

 Appendix A, Form 82 (a) to (c) following "A response to civil claim must be filed and served on the plaintiff(s)," BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed notice of civil claim was served on you,

(b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed notice of civil claim was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed notice of civil claim was served on you, or

 Appendix A, Forms 90 to 107 BEFORE repealed by BC Reg 149/2013, effective March 31, 2014.

Form 90 (Rule 21-4 (6) )

[Style of Proceeding]

CITATION TO BRING IN GRANT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ........[name and address of person holding grant]........

Whereas an action has been started for the revocation of .......[the letters probate/letters of administration]....... of ........[the will of/the estate of]........ ................[name]................, issued to ................[name]................ on ........[dd/mmm/yyyy]........;

It is ordered that you deliver the original grant to the registrar's office at the courthouse at ........................ within 7 days after service of this citation on you, and you must not act under the grant without leave from the registrar.

Date: ................[dd/mmm/yyyy]..................................................................................................
Registrar

Form 91 (Rule 21-5 (4) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT OF EXECUTOR

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:

1................[name of deceased]................, late of ...............[address]..............., ..............[occupation].............., died on ........[dd/mmm/yyyy]........, at ........................, in the Province of British Columbia.
2I believe Exhibit A to this affidavit to be the deceased's original last will that is dated ........[dd/mmm/yyyy]........, [and Exhibit(s) A-1 (and A-2, etc.) to be the codicil(s) to it dated ........[date(s) — dd/mmm/yyyy]........, respectively)].
3I am ................................................ executor(s) named in the will. (My appointment has not been revoked under section 16 of the Wills Act by reason of a decree of judicial separation, divorce or nullity granted after the date of the will in respect of a marriage of the deceased.) ........[If any executors named in the will are not applying, explain why.]........ .
4To the best of my knowledge the deceased ........[did/did not]........ marry or remarry after the date of the will.
5To the best of my knowledge the will ........[is/is not]........ witnessed by a person to whom, or to whose then wife or husband, a beneficial devise, bequest or other disposition or appointment is given or made.
6I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.
7The statement marked Exhibit B to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, that pass to the deceased's personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.
8I will promptly disclose to the court the existence of any asset or liability that has not been disclosed in Exhibit B to this affidavit when I learn of the same.
9I will administer according to law all of the estate that by law devolves to and vests in the personal representative of the deceased and I will exhibit a true and perfect inventory of the estate and render a just and true account thereof whenever required by law to do so.
SWORN (OR AFFIRMED) BEFORE ME )
at ...................................., British Columbia)
on ..............[dd/mmm/yyyy].............. .)........................................................................
)
......................................................................................)
A commissioner for taking affidavits)
for British Columbia)
.....[print name or affix stamp of commissioner].....

This is Exhibit B referred to in the affidavit of

........................................, sworn (or affirmed)

before me on ...............[dd/mmm/yyyy]..............

.........................................................................
A commissioner for taking affidavits for
British Columbia

Estate of........................................................., Deceased

Statement of Assets, Liabilities and Distribution

Part I
Real Property (including mortgages and vendors' and
purchasers' interests in agreements for sale)
Within or Without
British Columbia
Value at Death
Total

Part II
Personal Property (all assets except real property)
Within or Without
British Columbia
Value at Death
Total

GROSS VALUE OF ESTATE

Part III
Debts and Liabilities
Paid or UnpaidAmount
Total
Safety Deposit Box No.Location:

Part IV
Distribution of Estate
Name RelationshipProperty Passing


Form 92 (Rule 21-5 (4) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT OF ADMINISTRATOR

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:

1.............[name of deceased]............., late of .............[address]............., .............[occupation]............., died on ........[dd/mmm/yyyy]........ at ........................, in the Province of British Columbia.
2I have made a careful search and believe the deceased died without having left any will, codicil or testamentary document.
3The deceased was survived by ........[Identify the applicant and any other person entitled to inherit under sections 82 to 89 of the Estate Administration Act, clear off any person who has a prior or equal right to apply for the grant and refer to all renunciations or consents filed.]........ .
4I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.
5The statement marked Exhibit A to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, that pass to the deceased's personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.
6I believe there are no debts or liabilities for which the estate is or may be liable except as disclosed in Exhibit A, all of which have been paid [except ........[state whether any consent in writing has been given]........].
7I will promptly disclose to the court the existence of any asset or liability that has not been disclosed in Exhibit A to this affidavit when I learn of the same.
8I will administer according to law all the estate that by law devolves to and vests in the personal representative of the deceased and I will exhibit a true and perfect inventory of the estate and render a just and true account thereof whenever required by law to do so.
SWORN (OR AFFIRMED) BEFORE ME )
at ...................................., British Columbia)
on ..............[dd/mmm/yyyy].............. .)........................................................................
)
......................................................................................)
A commissioner for taking affidavits)
for British Columbia)
.....[print name or affix stamp of commissioner].....

This is Exhibit A referred to in the affidavit of

..................................., sworn (or affirmed)

before me on .......[dd/mmm/yyyy].........

................................................................

A commissioner for taking affidavits for
British Columbia

Estate of........................................................., Deceased

Statement of Assets, Liabilities and Distribution

Part I
Real Property (including mortgages and vendors' and
purchasers' interests in agreements for sale)
Within or Without
British Columbia
Value at Death
Total

Part II
Personal Property (all assets except real property)
Within or Without
British Columbia
Value at Death
Total

GROSS VALUE OF ESTATE

Part III
Debts and Liabilities
Paid or UnpaidAmount
Total
Safety Deposit Box No.Location:

Part IV
Distribution of Estate
Name RelationshipProperty Passing

Form 93 (Rule 21-5 (4) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT OF ADMINISTRATOR APPLYING FOR LETTERS
OF ADMINISTRATION WITH WILL ANNEXED

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:

1.............[name of deceased]............ late of ..............[address].............., ..............[occupation]............., died on ........[dd/mmm/yyyy]........ at ........................, in the Province of British Columbia.
2I believe Exhibit A to this affidavit to be the deceased's original last will that is dated ........[dd/mmm/yyyy]........, [and Exhibit(s) A-1 (and A-2, etc.) to be the codicil(s) to it dated ........[date(s) — dd/mmm/yyyy]........, respectively)].
[Check whichever one of the following is correct and complete any required information.]
3[ ] There is no executor named in the will.
[ ] There is no person presently entitled and willing to act as executor of the will because ........[set out reasons, e.g. executor named has predeceased, renounced, etc.]........ .
4I am .......[identify the applicant's entitlement to the grant, e.g. one of the residuary beneficiaries, etc.]....... and the renunciation or consent of all persons having a prior or equal right to apply for the grant or entitled to share in the estate are filed with this affidavit as follows: ........................................ .
5To the best of my knowledge the deceased ........[did/did not]........ marry or remarry after the date of the will.
6To the best of my knowledge the will ........[is/is not]........ witnessed by a person to whom, or to whose then wife or husband, a beneficial devise, bequest or other disposition or appointment is given or made.
7I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.
8The statement marked Exhibit B to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, that pass to the deceased's personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.
9I believe there are no debts or liabilities for which the estate is or may be liable except as disclosed in Exhibit B, all of which have been paid [except ........[state whether any consent in writing has been given]........].
10I will promptly disclose to the court the existence of any asset or liability that has not been disclosed in Exhibit B to this affidavit when I learn of the same.
11I will administer according to law all the estate that by law devolves to and vests in the personal representative of the deceased and I will exhibit a true and perfect inventory of the estate and render a just and true account thereof whenever required by law to do so.
SWORN (OR AFFIRMED) BEFORE ME )
at ...................................., British Columbia)
on ..............[dd/mmm/yyyy].............. .)........................................................................
)
......................................................................................)
A commissioner for taking affidavits)
for British Columbia)
.....[print name or affix stamp of commissioner].....

This is Exhibit B referred to in the affidavit of

........................................, sworn (or affirmed)

before me on ...............[dd/mmm/yyyy]..............

.........................................................................
A commissioner for taking affidavits for
British Columbia

Estate of........................................................., Deceased

Statement of Assets, Liabilities and Distribution

Part I
Real Property (including mortgages and vendors' and
purchasers' interests in agreements for sale)
Within or Without
British Columbia
Value at Death
Total

Part II
Personal Property (all assets except real property)
Within or Without
British Columbia
Value at Death
Total

GROSS VALUE OF ESTATE

Part III
Debts and Liabilities
Paid or UnpaidAmount
Total
Safety Deposit Box No.Location:

Part IV
Distribution of Estate
Name RelationshipProperty Passing

Form 94 (Rule 21-5 (24) )

[Style of Proceeding]

NOTICE TO NEXT OF KIN

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ........................[name and address of next of kin]........................

You are advised that the applicant whose name is set out on the back of this notice has filed an application for a grant of administration in this estate.

Particulars as to the estate are set out on the back of this notice.

It appears that you are a person eligible to apply for a grant of administration. Unless within ............... days [to be fixed by registrar] after the mailing of this notice to you, you notify the registrar in writing at the courthouse at ................................ of your intention to apply for a grant of administration or of any objection you may have to a grant of administration being made to the applicant, the court may grant administration to the applicant without further notice to you.

Date: ................[dd/mmm/yyyy]..................................................................................................
Signature of
[ ] applicant [ ] lawyer for applicant(s)
...........................[type or print name]..........................

Name of deceased:

Place of deceased's last residence:

Deceased's occupation:

Date of death:

Name and address of applicant for grant of administration:

Relationship of applicant to deceased:


Form 95 (Rule 21-5 (29) )

[Style of Proceeding]

ADMINISTRATION BOND

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

We, ................[name]................, of ................[address]................, ......................[occupation].................., ................[name]................, of ................[address]................, ................[occupation]................ and ................[name]................ of ................[address]................, .................[occupation]................, are jointly and severally bound to the Registrar of the Supreme Court of British Columbia at ........................, in the sum of $................ to be paid to the registrar, for which payment we bind ourselves and each of us, for the whole, our heirs, executors and administrators.

The condition of this obligation is that if the above named ................[name]................, the intended administrator of all the estate that by law devolves to and vests in the personal representative of the deceased, ................[name of deceased]................, when lawfully required,

(a) makes a true and perfect inventory of the estate that has or will come into his or her possession, control or knowledge, or into the possession or control of any other person for him or her,

(b) exhibits the inventory to the Supreme Court of British Columbia,

(c) well and truly collects and administers the estate according to law,

(d) makes a true account of his or her administration, and

(e) lodges the grant of administration in the court,

then this obligation will be void and of no effect, but otherwise will remain in full force.

Date: .................[dd/mmm/yyyy]..................
Signed, sealed and delivered in the˥........................................................................
presence of:}........................................................................
...................................................................}........................................................................
...................................................................}
...................................................................˩

Form 96 (Rule 21-5 (29) )

[Style of Proceeding]

ADMINISTRATION BOND ON RESEALING

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

We, ................[name]................, of ................[address]................, ......................[occupation].................., ................[name]................, of ................[address]................, ................[occupation]................ and ................[name]................ of ................[address]................, .................[occupation]................, are jointly and severally bound to the Registrar of the Supreme Court of British Columbia at ........................ in the sum of $................ to be paid to the registrar, for which payment we bind ourselves and each of us, for the whole, our heirs, executors and administrators.

The condition of this obligation is that if the above named ................[name]................, the administrator acting under letters of administration of the estate of ................[name of deceased]................, deceased, granted to him or her on ........[dd/mmm/yyyy]........, by ................[name of issuing court]................ and now about to be resealed in the Province of British Columbia under the Probate Recognition Act, when lawfully required,

(a) makes a true and perfect inventory of the estate in the Province of British Columbia that has or will come into his or her possession, control or knowledge, or into the possession or control of any other person for him or her,

(b) exhibits the inventory to the Supreme Court of British Columbia,

(c) well and truly collects and administers the estate according to law,

(d) makes a true account of his or her administration, and

(e) lodges the grant of administration in the court,

then this obligation will be void and of no effect, but otherwise will remain in full force.

Date: .................[dd/mmm/yyyy]..................
Signed, sealed and delivered in the˥........................................................................
presence of:}........................................................................
...................................................................}........................................................................
...................................................................}
...................................................................˩

Form 97 (Rule 21-5 (41) )

[Style of Proceeding]

CAVEAT — ESTATES

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

LET NOTHING BE DONE without notice to ................[name]................, caveator, in the estate of ................[name of deceased]................, deceased, late of ................[place]................, in the ................ of ................, who died on ........[dd/mmm/yyyy]........, at ................[place]................, in the ................ of ................ .

[State grounds for filing caveat as required by Rule 21-5 (41).]

Date: ................[dd/mmm/yyyy]..................................................................................................
Signature of
[ ] caveator [ ] lawyer for caveator(s)
...........................[type or print name]..........................

Caveator's address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):


Form 98 (Rule 21-5 (46) )

[Style of Proceeding]

NOTICE TO CAVEATOR

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ................[name of caveator].................

TAKE NOTICE that, unless you file a notice of interest at the office of the Registrar of the Supreme Court of British Columbia at ........................, within 7 days after service of a copy of this notice, the caveat you filed in the estate of ........................, deceased, will be struck out by the registrar.

This notice was filed by or on behalf of ........................, whose address for service is ................................, and who claims a right to issue this notice on the ground ................[here state ground as provided in Rule 21-5 (46)]................ .

A copy of your notice of interest is to be served on the above address for service promptly after the original is filed at the office of the registrar.

Date: ................[dd/mmm/yyyy]..................................................................................................
Signature of [ ] person filing notice
[ ] lawyer for person filing notice
...........................[type or print name]..........................

Form 99 (Rule 21-5 (50) )

[Style of Proceeding]

CITATION TO ACCEPT PROBATE AS EXECUTOR

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ........................[name and address of executor]........................

You are advised that unless, within 14 days after service of this citation on you, you apply for a grant of probate as executor of the will of ................[name]................, deceased, who died on ........[dd/mmm/yyyy]........ or within that time you file an answer undertaking to apply for probate within 14 days from the date of your answer, showing cause why administration with the will annexed should not be granted to ........[person intending to apply for administration with will annexed]........ of ........................[address]........................, this court may grant administration of the estate to him or her without further notice to you.

This citation was issued by ................[name of citator]........, whose address for service is ................................ .

If you answer this citation, your answer is to be filed at the registry at ........................ and a copy of that filed answer is to be served promptly on the above address for service.

Date: ................[dd/mmm/yyyy]..................................................................................................
Signature of
[ ] citator [ ] lawyer for citator(s)
...........................[type or print name]..........................

Form 100 (Rule 21-5 (50) )

[Style of Proceeding]

ANSWER TO CITATION TO ACCEPT EXECUTORSHIP

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

In answer to the citation dated ........[dd/mmm/yyyy]........,

[State undertaking to apply for probate within 14 days, or refusal to act as executor, or state grounds on which objection is taken to the citator applying for administration, as the case may be.]

Date: ................[dd/mmm/yyyy]..................................................................................................
Signature of executor
...........................[type or print name]..........................

Form 101 (Rule 21-5 (52) )

[Style of Proceeding]

CITATION TO PROPOUND AN ALLEGED WILL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ........................[names and addresses of executors and other persons named in alleged will]........................

It appears by the affidavit of ........................, .........[sworn/affirmed]........ ........[dd/mmm/yyyy]........, that the deceased, of ................[address]................, died on ........[dd/mmm/yyyy]........ and that the deceased left a document purporting to be a will, in which he or she appointed ........................ sole executor, and in which the following persons are named: ................[list all persons named]................ .

TAKE NOTICE that unless, within 14 days after service of a copy of this citation on you, you file at the office of the Registrar of the Supreme Court of British Columbia at ........................ written notice of your intention to apply with reasonable diligence for probate or administration based on the document referred to or show cause why probate or administration should not be granted to ................[name and address of person intending to apply]................, the court may grant probate or administration of the estate to ........................ without further notice to you and without regard to the document referred to.

This citation was issued by ................................, whose address for service is ........................................ .

If you answer this citation, your answer is to be filed at the registry at .............................. and a copy served on the above address for service.

Date: ................[dd/mmm/yyyy]..................................................................................................
Signature of [ ] person intending to apply for
probate or administration [ ] person's lawyer
...........................[type or print name]..........................

Form 102 (Rule 21-5 (53) )

[Style of Proceeding]

ANSWER TO CITATION TO PROPOUND AN ALLEGED WILL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

In answer to the citation dated ........[dd/mmm/yyyy]........, I ........[State intention of applying for probate or administration based on the document referred to in the citation, or stating grounds on which objection is taken to the citator applying for probate or administration, as the case may be.]........ .

Date: ................[dd/mmm/yyyy]..................................................................................................
Signature of
[ ] person cited [ ] lawyer for person cited
...........................[type or print name]..........................

Form 103 (Rule 21-5 (55) )

[Style of Proceeding]

CITATION TO BRING IN A WILL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ........................................

It appears by the affidavit of ........................, ........[sworn/affirmed]........ ..........[dd/mmm/yyyy]........, that a testamentary document signed by ........................, deceased, of ........................, who died on ........[dd/mmm/yyyy]........, may be in your possession or control.

You are ordered to bring into registrar's office at the courthouse at ........................ and leave with the registrar any testamentary document signed by ........................ that is in your possession or control, within 14 days after service of this citation on you.

If no testamentary document is in your possession or control, you are within the same time to file in the registrar's office an affidavit to that effect setting out what knowledge you may have respecting any testamentary document signed by ........................, deceased.

Date: ................[dd/mmm/yyyy]..................................................................................................
Registrar

Form 104 (Rule 21-5 (56) )

[Style of Proceeding]

SUBPOENA — ESTATES

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ........................[name and address]........................

You are ordered to attend at the registrar's office at the courthouse at ........................ at ........[time of day]........ on ........[dd/mmm/yyyy]........ to be examined concerning the estate of ........................., deceased, and to deliver to me the following: ................[state documents or assets to be delivered]................ .

Date: ................[dd/mmm/yyyy]..................................................................................................
Registrar

Form 105 (Rule 21-5 (63) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT TO LEAD TO RESEALING OF GRANT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:

1.............................., late of .............................. in ......................, died on ........[dd/mmm/yyyy]........ domiciled in ........................, [having by his or her last will dated ........[dd/mmm/yyyy]........, appointed me his or her executor (or intestate, or as the case may be)].
2A grant of probate of the will (or letters of administration of the estate) of the deceased was made to ........................ by the ................[court]................ on ........[dd/mmm/yyyy]........ .
3I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.
4The statement marked Exhibit A to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, that pass to the deceased's personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.
5I will promptly disclose to the court the existence of any asset or liability that has not been disclosed in Exhibit A to this affidavit when I learn of the same.
6I am the attorney of ..................................., lawfully appointed under his or her hand and seal, and authorized to apply to this court for the resealing of the grant. [Strike out this paragraph if not applicable.]
7I believe there are no debts or liabilities in British Columbia for which the estate is or may be liable except as disclosed in Exhibit A, all of which have been paid [except ........[state whether any consent in writing has been given]........], and the estate is of small value, or, and the administrator is the beneficiary, or, and all persons who are or may be beneficially interested in the estate have consented in writing. [Strike out if not applicable. Paragraph 7 is required only to reseal letters of administration — s. 3 (2) to (5) Probate Recognition Act.]
SWORN (OR AFFIRMED) BEFORE ME )
at ...................................., British Columbia)
on ..............[dd/mmm/yyyy].............. .)........................................................................
)
......................................................................................)
A commissioner for taking affidavits)
for British Columbia)
.....[print name or affix stamp of commissioner].....

This is Exhibit A referred to in the affidavit of

..................................., sworn (or affirmed)

before me on .......[dd/mmm/yyyy].........

................................................................

A commissioner for taking affidavits for
British Columbia

Estate of........................................................., Deceased

Statement of Assets, Liabilities and Distribution

Part I
Real Property (including mortgages and vendors' and
purchasers' interests in agreements for sale)
Within or Without
British Columbia
Value at Death
Total

Part II
Personal Property (all assets except real property)
Within or Without
British Columbia
Value at Death
Total

Gross Value of Estate

Part III
Debts and Liabilities
Paid or UnpaidAmount
Total
Safety Deposit Box No.Location:

Part IV
Distribution of Estate
Name RelationshipProperty Passing

Form 106 (Rule 21-5 (70) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT IN SUPPORT OF
APPLICATION TO PASS ACCOUNTS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, ................[occupation]................., SWEAR (OR AFFIRM) THAT:

1A grant of administration of the estate of ........................, deceased, was made to me by this court on ........[dd/mmm/yyyy]........ .
2I have administered the estate to the best of my ability.
3I have filed with the registrar a full and correct accounting of the estate, showing all property, money and effects and the proceeds thereof which have come into my hands as personal representative, and also a full and correct statement of all disbursements, with a full and correct statement of the assets not yet disposed of.
4I have not been awarded any compensation for my services as personal representative by this or any other court except ........................ .
5The persons interested in the administration of the estate as beneficiaries of the deceased are as follows: ................................, and all of them are of the full age of 19 years except ........................ .
6I know of no creditors of the estate who still have unsettled claims against it that I consider to be valid except ................................ .
7The only portion of the estate that remains unadministered is as follows: ........................, and the reason it has not been administered is ........................ .
SWORN (OR AFFIRMED) BEFORE ME )
at ...................................., British Columbia)
on ..............[dd/mmm/yyyy].............. .)........................................................................
)
......................................................................................)
A commissioner for taking affidavits)
for British Columbia)
.....[print name or affix stamp of commissioner].....

Form 107 (Rule 21-5 (72) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

STATEMENT OF ACCOUNT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:

1Attached and marked as Exhibit A is a Statement of Account for the Estate of ........................ .
2The information set out in this statement of account is true and complete to the best of my knowledge.
SWORN (OR AFFIRMED) BEFORE ME )
at ...................................., British Columbia)
on ..............[dd/mmm/yyyy].............. .)........................................................................
)
......................................................................................)
A commissioner for taking affidavits)
for British Columbia)
.....[print name or affix stamp of commissioner].....

This is Exhibit A referred to in the affidavit of

..................................., sworn (or affirmed)

before me on .......[dd/mmm/yyyy].........

................................................................

A commissioner for taking affidavits for
British Columbia

STATEMENT OF ACCOUNT FOR THE ESTATE OF ...................................., DECEASED

For the period from ........[insert commencement date – dd/mmm/yyyy]........
to ........[effective date of this statement of account — dd/mmm/yyyy]........ .

1In this Statement of Account, the "commencement date" means
(a) the deceased's date of death, or
(b) if one or more statements of account have been filed in respect of the estate under Rule 21-5 (72) of the Supreme Court Civil Rules, the effective date of the most recent of those statements of account.
2This Statement of Account consists of the following:
(a) Statement of Assets and Liabilities of the Estate of ................................ as at ........[commencement date – dd/mmm/yyyy]........;
(b) Statement of Capital Transactions of the Estate of ................................;
(c) Statement of Income Transactions of the Estate of ................................;
(d) Statement of Assets and Liabilities of the Estate of ................................ as at ........[effective date – dd/mmm/yyyy]........;
(e) [include only if remuneration is sought at this time] Statement of Proposed Remuneration in relation to the Estate of ....................................................................................;
(f) Statement of Distribution of the Estate of .................................................................;
(g) Statement of Proposed Distribution of Residue of the Estate of ............................... .

Statement of Assets and Liabilities of the Estate of ................................

as at........[commencement date – dd/mmm/yyyy]........

ItemAssets
[Describe estate assets, or include that information in
an attached Schedule and bring forward totals here.
]
Asset Values
[Set out fair market value as at the
commencement date of this statement of account.
]
A1
A2
Total asset values $.........................
ItemLiabilities
[Describe liabilities of estate, or include that information in an attached Schedule
and bring forward totals here.
]
Liabilities
[Set out amount of liability as at
the commencement date.
]
B1
B2
Total amount of liabilities $.........................

Statement of Capital Transactions of the Estate of ................................

For the period from ........[commencement date – dd/mmm/yyyy]........

to ........[effective date of this statement of account – dd/mmm/yyyy]........

ItemDate
[date of transaction – dd/mmm/yyyy]
Transaction
[Describe transactions, or include that
information in an attached Schedule and bring forward totals here.
]
DebitCredit
C1
C2
Total of debits
$......................
Total of credits
$......................

Statement of Income Transactions of the Estate of ................................

For the period from ........[commencement date – dd/mmm/yyyy]........

to ........[effective date of this statement of account – dd/mmm/yyyy]........

ItemDate
[date of transaction – dd/mmm/yyyy]
Transaction
[Describe transactions, or include that
information in an attached Schedule and bring forward totals here.
]
DebitCredit
D1
D2
Total of debits
$......................
Total of credits
$......................

Statement of Assets and Liabilities of the Estate of ................................

as at........[effective date of this statement of account – dd/mmm/yyyy]........

ItemAssets
[Describe each estate asset, or include that information in an attached Schedule and
bring forward totals here.
]
Asset Values
[Set out fair market value as at the effective date of this statement of account.]
E1
E2
Total asset values $.........................
ItemLiabilities
[Describe each liability of estate, or include that information in an attached Schedule and bring forward totals here.]
Liabilities
[Set out amount of liability as at the effective date of this statement of account.]
F1
F2
Total amount of liabilities $.........................

Statement of Proposed Remuneration in relation to the Estate of ...............................

[Complete if remuneration is sought at this time.]

Capital Fee
(A)Proceeds of disposition of capital assets realized since the commencement date$
(B)Market value of capital assets, realized or transferred since the commencement date, in respect of which no proceeds of disposition have been obtained$
(C)Current value of unrealized capital assets included, on the commencement date, in the estate$
(D)Gross aggregate value of capital assets of estate — [(A) + (B) + (C)]$
(E)Capital Fee — (D) x ........% [insert claimed percentage, up to a maximum of 5%]$
Income Fee
(F)Gross income earned by the estate for period from ....[commencement date — dd/mmm/yyyy].... to .....[effective date of this statement of account – dd/mmm/yyyy]..... except interest income already capitalized and included in (D)$
(G)Income Fee — (F) x ........% [insert claimed percentage, up to a maximum of 5%]$
Care Management Fee
[Prepare one set of the following calculations for each reporting period following the commencement date, where a reporting period is each calendar year, or portion, from date of death to the date of final distribution.]
(H)Market value of estate assets as at the beginning of the reporting period$
(I)Market value of estate assets at the end of the reporting period$
(J)Average market value of estate assets for the reporting period [(H) + (I)] / 2$
(K)Care and Management Fee for reporting period [(J) x 0.4%]$
Total of Fees Claimed
(L)Total remuneration sought — [(E) + (G) + (the total of every (K) determined for a reporting period following the commencement date)]$

Statement of Distribution of the Estate of ...............................

Specific Bequests and Legacies

ItemDistribution (Yes/No)Date of distributionBeneficiary

Residue of Estate

(R1)Market value of estate assets at effective date of this statement of account$
(R2)Applicant's estimated reserve for final income tax, accounting and legal costs and remuneration$
(R3)Distributable estate (R1) - (R2)$

Statement of Proposed Distribution of Residue of the Estate of ...............................

Beneficiary
[Identify beneficiaries who receive assets or cash from residue.]
Assets
[Identify assets distributed to the
named beneficiary and the
market value of those assets.
]
Cash
[Indicate amount of cash distributed to the named beneficiary.]
[Name]$
[Name]$
[Name]$
[Name]$

 Appendix A, Form 112 (part) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

If you object to the lawyer withdrawing from this proceeding you may, within 7 days after service of this notice, file in the registry and deliver to the lawyer an objection in Form 113.

 Appendix A, Form 112, line following "[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]" BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

TAKE NOTICE that ................[name of lawyer]................ intends to withdraw as lawyer of record in this proceeding.

 Appendix A, Form 116 heading BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

Form 116 (Rule 22-8 (9) )

 Appendix A, Form 117 heading BEFORE amended by BC Reg 149/2013, effective March 31, 2014.

Form 117 (Rule 22-8 (10) )

 Appendix A, Form 117.1 was enacted by BC Reg 239/2023, effective January 15, 2024.

 Appendix A, Form 117.1 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

Signature of Judge or Master

Name of Judge/Master (please print)

 Appendix A, Form 118, "(maximum 20 including the cover sheet)" was amended to read "(maximum 30 including the cover sheet)" BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

 Appendix A, Form 118, the following Payment Information was moved beneath "Court Services Branch may use your contact information for the purposes of conducting an evaluation of the fax service." by BC Reg 95/2011, effective July 1, 2011.

Payment Information:
I authorize you to bill to my credit card or BC Online Account the total amount of the statutory fee for filing and the confirmation fee. I include the payment information for that purpose.
Credit card account number
(Visa or MasterCard)
Expiry date on card


Name as it appears on the card

[OR] [Note: BC Online is available only in the Prince George Registry]

BC Online Account Number:
Registry use only – imprint – authorization number












Authorizing Signature:


Print Name:

 Appendix A, Form 118, new text following "Court Services Branch may use your contact information for the purposes of conducting an evaluation of the fax service." was added by BC Reg 95/2011, effective July 1, 2011.

 Appendix A, Form 118 BEFORE re-enacted by BC Reg 112/2012, effective July 1, 2012.

Form 118 (Rule 23-2 (3) )

FAX COVER SHEET

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

This form must be used when transmitting documents to the court registry by fax for filing.

The ability to transmit documents by fax to a registry for filing is subject to the limitations set out in the Supreme Court Civil Rules and Practice Directives. Additional information on this filing service is available on the Court Services website at www.ag.gov.bc.ca/courts/fax/fax.htm.

It is the responsibility of the person transmitting a document by fax to ensure that the document is filed in the registry within the required filing time. The registry takes no responsibility for difficulty experienced when transmitting a document by fax to the registry. The registry cannot guarantee that any document will be filed on the day it is received by fax in the registry.

Documents transmitted to the registry by fax will be processed in the order they are received. Confirmation of acceptance or refusal will be forwarded as soon as possible to you at the return fax number set out below or by mail if indicated.

To:Fax numbers for transmitting documents to registries
are available through the Court Services website at
www.ag.gov.bc.ca/courts/fax/fax.htm
or through Enquiry BC at 1-800-663-7867
__________________________________________________
court location
_________________________________________________
fax number
From:
_________________________________________________
name - firm or individual
__________________________________________________________
address
_________________________________________________
contact name
__________________________________________________________
city
_________________________________________________
phone number
______________________________________
province
___________________
postal code

Confirmation of acceptance or refusal of this filing will be sent as follows: [Check whichever one of the following boxes is correct and complete any required information.]

[ ] by fax to .....................................................[insert fax number to which confirmation is to be sent]; or

[ ] by mail to the address provided above.

Attached:
Type of document: (e.g. notice of application, notice of civil claim, response to civil claim)No. of pages in
document
Statutory fee
amount
Total no. of pages in submission
(maximum 30 including the cover sheet)
$
Fee total
Plus
Confirmation Fee
$10.00
Total statutory
fees due

File number or name (style of proceeding)
e.g. - 013654 or "Steward vs. Parakeet"

Comments




Registry use only

Registry clerk:
Manager:

Accounting clerk:

Court Services Branch may use your contact information for the purposes of conducting an evaluation of the fax service.

Payment Information:

I authorize you to bill to my credit card or BC
Online Account the total amount of the statutory
fee for filing and the confirmation fee. I include
the payment information for that purpose.

....................................................................
Credit card account number

(Visa or MasterCard): ................................ Expiry date on card: .......................................

Name as it appears on the card:
....................................................................

[OR] [Note: BC Online is available only in the Prince George Registry.]

BC Online Account Number: .........................................................

Authorizing Signature: ....................................................................

Print Name: .....................................................................................

 Appendix A, Form 118 BEFORE amended by BC Reg 104/2019, effective July 1, 2019.

Form 118 (Rule 23-2 (3) )

 Appendix A, Form 118 BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

Form 118 (Rule 23-2 (3) )

 Appendix A, Form 118 BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

Form 118 (Rule 23-2 (3) )

 Appendix A, Form 119 (part) BEFORE amended by BC Reg 112/2012, effective July 1, 2012.

I advise as follows:

1that the attached ................[type of document]................ is being submitted for filing electronically [add the following if applicable] on behalf of the ................[party(ies)]................, ................[name(s) of party(ies)]................;
2that the original paper version of the document being submitted for filing electronically appears to bear an original signature of the person identified as the signatory and I have no reason to believe that the signature placed on the document is not the signature of the identified signatory;
3that 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 I have no reason to believe that it is not a true copy of the original paper version.

 Appendix A, Form 121, text was added BEFORE the date by BC Reg 119/2010, effective July 1, 2010.

 Appendix A, Form 121 heading BEFORE amended by BC Reg 104/2019, effective July 1, 2019.

Form 121 (Rule 23-6 (9) )

 Appendix A, Form 121 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

NOTICE OF APPEAL FROM MASTER, REGISTRAR OR SPECIAL REFEREE

WHEREAS on ........[dd/mmm/yyyy]........ ........[name of master, registrar or special referee]........ made the following [ ] decision [ ] order: ........................[state concisely the decision or order]........................;

 Appendix A, Form 121.1 was enacted by BC Reg 104/2019, effective July 1, 2019.

 Appendix A, Form 121.1, Parts 2 to 4 BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

Part 2: ISSUES ON APPEAL

The appellant agrees with the order appealed from except as follows:

[Using numbered paragraphs, set out a concise statement of the legal bases from the decision or order which give rise to the appellant's appeal.]

1

2

Part 3: STANDARD OF REVIEW

[This part must set out the standard of review that the appellant says governs the appeal.]

Part 4: ARGUMENT

The decision or order appealed from is opposed because:

[Using numbered paragraphs, set out a concise statement of the appellant's argument in opposition to the decision or order.]

1

2

 Appendix A, Form 121.1, Part 5 (part) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

Date: ................[dd/mmm/yyyy].................

 Appendix A, Form 121.2 was enacted by BC Reg 104/2019, effective July 1, 2019.

 Appendix A, Form 121.2, Parts 2 to 4 BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

Part 2: ISSUES ON APPEAL

The respondent's position on the appellant's statement of issues on appeal is as follows:

[Using numbered paragraphs, set out a concise statement of the opposed legal bases in the decision or order.]

1

2

Part 3: STANDARD OF REVIEW

[This part must set out the standard of review which the respondent says governs the appeal.]

Part 4: ARGUMENT

The appellant's argument is opposed because:

[Using numbered paragraphs, set out a concise statement of the respondent's argument in opposition to the decision or order sought by the appellant.]

1

2

 Appendix A, Form 121.2, Part 5 (part) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

Date: ................[dd/mmm/yyyy].................

 Appendix A, Form 125 was enacted by BC Reg 321/2021, effective April 4, 2022.

 Appendix A.1 was enacted by BC Reg 149/2013, effective March 31, 2014.

 Appendix A.1, Form P1 (part) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[  ] This application relates to the will of the deceased dated ............[dd/mmm/yyyy]............. a copy of which will is provided with this notice.

[  ] This application does not relate to a will.

 Appendix A.1, Form P2 (parts) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

This submission for estate grant is submitted by: ...................[name(s) of applicant(s)]..........................

I am/We are applying for the following in relation to the estate of the deceased described in Part 1 of this submission for estate grant (the "deceased"):

 Form P2, the following text was added before "This submission for estate grant has 4 Parts:" by BC Reg 103/2015, effective July 1, 2015.

[Indicate how many court certified copies of the estate grant/authorization to obtain estate information you require.]

[ ] I/we request ...[number of copies]... copy(ies) of the estate grant.

[ ] I/we request ...[number of copies]... copy(ies) of the authorization to obtain estate information.

 Appendix A.1, Form P2, Part 2 BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

PART 2 — INFORMATION ABOUT THE APPLICANT(S)

Applicant's(s') address for service:

[You must set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service. If there is more than one applicant, all applicants must share the same address(es) for service.]

Street address for service: .....................................................................

Fax number address for service (if any): ..............................................

E-mail address for service (if any): .......................................................

Telephone number: ...............................................................................

 Appendix A.1, Form P2, Part 3, sections 1 and 2 BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

1 [Check whichever one of the immediately following 2 boxes is correct and file the specified affidavit(s).]

[ ] There is one applicant to this submission for estate grant and

(a) the applicant has made an affidavit in Form .....[Set out whichever one of the following 5 choices is correct — P3/P4/P5/P6/P7]..., and

(b) that affidavit is filed with this submission for estate grant.

[ ] There are 2 or more applicants to this submission for estate grant and

(a) at least one of the applicants has made an affidavit in Form ...[Set out whichever one of the following 5 choices is correct — P3/P4/P5/P6/P7]....,

(b) that/those affidavit(s) is/are filed with this submission for estate grant, and

(c) the remaining applicant(s) has/have made (an) affidavit(s) in Form P8 and that/those affidavit(s) is/are filed with this submission for estate grant.

2 Filed with this submission for estate grant is/are the following Affidavit(s) of Delivery in Form P9 that confirms/collectively confirm that the documents referred to in Rule 25-2 were delivered to all of the persons to whom, under that rule, the documents were required to be delivered:

Affidavit of .......[name]......... sworn ........[dd/mmm/yyyy].........

Affidavit of .......[name]......... sworn ........[dd/mmm/yyyy].........

Affidavit of .......[name]......... sworn ........[dd/mmm/yyyy].........

 Appendix A.1, Form P2, Part 4, "Schedule for Grant of Probate or Grant of Administration with Will Annexed" section 1 (part) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

1 [Check whichever one of the immediately following 4 boxes is correct and attach the specified Schedule.]

 Appendix A.1, Form P2, Part 4, "Schedule for Grant of Probate or Grant of Administration with Will Annexed" section 2 (part) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.] [List each named person on a separate line.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act]:

(b) child(ren), if any, of the deceased:

(c) each person, if any, who is a beneficiary under the will and is not named in paragraph (a) or (b):

(d) each person, if any, who would have been an intestate successor if the deceased had not left a will and who is not named in paragraph (a), (b) or (c):

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11]:

[This Schedule is to be completed and attached to the submission for estate grant only if the application is for a grant of administration without will annexed.]

 Appendix A.1, Form P2, Part 4, "Schedule for Grant of Administration without Will Annexed" section 1(a), (b), (c) and (e) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act]:

(b) child(ren), if any, of the deceased:

(c) each person, if any, not named in paragraph (a) or (b), who is entitled to receive all or part of the estate of a person who dies without a will [see section 23 of the Wills, Estates and Succession Act]:

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11]:

[This Schedule is to be completed and attached to the submission for estate grant only if the application is for an ancillary grant of probate or an ancillary grant of administration with will annexed.]

 Appendix A.1, Form P2, Part 4, "Schedule for Ancillary Grant of Probate or Ancillary Grant of Administration with Will Annexed" section 2 BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.] [List each named person on a separate line.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act]:

(b) child(ren), if any, of the deceased:

(c) each person, if any, who is a beneficiary under the will and is not named in paragraph (a) or (b):

(d) each person, if any, who would have been an intestate successor if the deceased had not left a will and who is not named in paragraph (a), (b) or (c):

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11]:

 Appendix A.1, Form P2, Part 4, "Schedule for Ancillary Grant of Administration without Will Annexed" section 2 BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.] [List each named person on a separate line.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act]:

(b) child(ren), if any, of the deceased:

(c) each person, if any, not named in paragraph (a) or (b), who is entitled to receive all or part of the estate of a person who dies without a will [see section 23 of the Wills, Estates and Succession Act]:

(d) each creditor of the deceased, if any, not named in paragraph (a), (b) or (c) whose claim exceeds $10 000:

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11]:

 Appendix A.1, Form P2, text preceding Part 1 (part) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

[ ] I/we request ...[number of copies]... copy(ies) of the estate grant.

[ ] I/we request ...[number of copies]... copy(ies) of the authorization to obtain estate information.

This submission for estate grant has 4 Parts:

 Appendix A.1, Form P2, Part 3, section 6 BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

6 [Check whichever one or more of the immediately following 4 boxes is correct and provide any required information.]

[  ] This application is for a grant of probate, a grant of administration with will annexed, an ancillary grant of probate or an ancillary grant of administration with will annexed and the will referred to in section 4 does not refer to any documents or refers only to documents attached to the will.

[  ] This application is for a grant of probate, a grant of administration with will annexed, an ancillary grant of probate or an ancillary grant of administration with will annexed and filed with this submission for estate grant is/are the following document(s), which document(s) is/are all of the documents referred to in, but not attached to, the will referred to in section 4:

1

2

3 etc.

[  ] This application is for a grant of administration without will annexed or an ancillary grant of administration without will annexed.

[  ] The will refers to one or more documents not attached to the will that cannot be obtained by the applicant(s).

 Appendix A.1, Form P2, Part 4 (parts) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

PART 4 — SCHEDULE

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently living spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/other former spouse(s) [provide name(s) of other former spouse(s) and indicate "(former spouse)"]/never married.]:

Schedule for Grant of Administration without Will Annexed

1 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently living spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/other former spouse(s) [provide name(s) of other former spouse(s) and indicate "(former spouse)"]/never married.]:

Schedule for Ancillary Grant of Probate or Ancillary Grant of Administration with Will Annexed

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently living spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/other former spouse(s) [provide name(s) of other former spouse(s) and indicate "(former spouse)"]/never married.]:

Schedule for Ancillary Grant of Administration without Will Annexed

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently living spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/other former spouse(s) [provide name(s) of other former spouse(s) and indicate "(former spouse)"]/never married.]:

 Appendix A.1, Form P2, Part 3, section 1 BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

1 [Check whichever one of the immediately following 2 boxes is correct and file the specified affidavit(s).]

[  ] There is one applicant to this submission for estate grant and

(a) the applicant has made an affidavit in Form .....[Select whichever one of the following 5 choices is correct — P3/P4/P5/P6/P7]..., and

(b) that affidavit is filed with this submission for estate grant.

[  ] There are 2 or more applicants to this submission for estate grant and

(a) at least one of the applicants has made an affidavit in Form ...[Select whichever one of the following 5 choices is correct — P3/P4/P5/P6/P7]....,

(b) that/those affidavit(s) is/are filed with this submission for estate grant, and

(c) the remaining applicant(s) has/have made (an) affidavit(s) in Form P8 and that/those affidavit(s) is/are filed with this submission for estate grant.

 Appendix A.1, Form P2, Part 3, section 4, first and second tick boxes BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

[  ] This application is for a grant of probate, or a grant of administration with will annexed, in relation to the will of the deceased dated .......[dd/mmm/yyyy]......., and filed with this submission for estate grant is the originally signed version of the will.

[  ] This application is for a grant of probate, or a grant of administration with will annexed, in relation to the will of the deceased dated .......[dd/mmm/yyyy]......., and filed with this submission for estate grant is a copy of the will.

 Appendix A.1, Form P2, Part 4, section 2 of the "Schedule for Grant of Probate or Grant of Administration with Will Annexed" BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.] [List each named person on a separate line. Do not leave any paragraph blank or indicate "Not applicable"; clearly state why a paragraph does not apply.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently living spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/never married.]:

(b) child(ren), if any, of the deceased [Provide the appropriate response(s), as applicable: living child(ren) of deceased [provide name(s) of child(ren)]/any child(ren) of the deceased who died before the deceased [provide name(s) of child(ren) and indicate "(deceased)"]/no children.]:

(c) each person, if any, who is a beneficiary under the will and is not named in paragraph (a) or (b) [List each living beneficiary and all beneficiaries who have died before the deceased in this application and indicate "(living)" or "(deceased)", as applicable.]:

(d) each person, if any, who would have been an intestate successor if the deceased had not left a will and who is not named in paragraph (a), (b) or (c) [List all living persons who would be entitled to inherit on intestacy and their relationship to the deceased.]:

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11] [List anyone who has filed a citation or indicate that no citation has been received.]:

 Appendix A.1, Form P2, Part 4, section 1 of the Schedule for "Grant of Administration without Will Annexed" BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

1 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.] [List each named person on a separate line.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently living spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/never married.]:

(b) child(ren), if any, of the deceased [Provide the appropriate response(s), as applicable: living child(ren) of deceased [provide name(s) of child(ren)]/any child(ren) of the deceased who died before the deceased [provide name(s) of child(ren) and indicate "(deceased)"]/no children.]:

(c) each person, if any, not named in paragraph (a) or (b), who is entitled to receive all or part of the estate of a person who dies without a will [see section 23 of the Wills, Estates and Succession Act] [List all living persons who would be entitled to inherit on intestacy and their relationship to the deceased.]:

(d) each creditor of the deceased, if any, not named in paragraph (a), (b) or (c) whose claim exceeds $10 000:

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11] [List anyone who has filed a citation or indicate that no citation has been received.]:

 Appendix A.1, Form P2, Part 4, section 2 of the Schedule for "Ancillary Grant of Probate or Ancillary Grant of Administration with Will Annexed" BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.] [List each named person on a separate line.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently living spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/never married.]:

(b) child(ren), if any, of the deceased [Provide the appropriate response(s), as applicable: living child(ren) of deceased [provide name(s) of child(ren)]/any child(ren) of the deceased who died before the deceased [provide name(s) of child(ren) and indicate "(deceased)"]/no children.]:

(c) each person, if any, who is a beneficiary under the will and is not named in paragraph (a) or (b) [List each living beneficiary and all beneficiaries who have died before the deceased in this application and indicate "(living)" or "(deceased)", as applicable.]:

(d) each person, if any, who would have been an intestate successor if the deceased had not left a will and who is not named in paragraph (a), (b) or (c) [List all living persons who would be entitled to inherit on intestacy and their relationship to the deceased.]:

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11] [List anyone who has filed a citation or indicate that no citation has been received.]:

 Appendix A.1, Form P2, Part 4, section 2 of the Schedule for "Ancillary Grant of Administration without Will Annexed" BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.] [List each named person on a separate line.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently living spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/never married.]:

(b) child(ren), if any, of the deceased [Provide the appropriate response(s), as applicable: living child(ren) of deceased [provide name(s) of child(ren)]/any child(ren) of the deceased who died before the deceased [provide name(s) of child(ren) and indicate "(deceased)"]/no children.]:

(c) each person, if any, not named in paragraph (a) or (b), who is entitled to receive all or part of the estate of a person who dies without a will [see section 23 of the Wills, Estates and Succession Act] [List all living persons who would be entitled to inherit on intestacy and their relationship to the deceased.]:

(d) each creditor of the deceased, if any, not named in paragraph (a), (b) or (c) whose claim exceeds $10 000:

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11] [List anyone who has filed a citation or indicate that no citation has been received.]:

 Appendix A.1, Form P2, Part 4, section 2 (c) of the Schedule for "Grant of Probate or Grant of Administration with Will Annexed" BEFORE amended by BC Reg 8/2022, effective January 17, 2022.

(c) each person, if any, who is a beneficiary under the will and is not named in paragraph (a) or (b) [List each surviving beneficiary and all beneficiaries who have did not survive the deceased in this application and indicate "(surviving)" or "(deceased)", as applicable.]:

 Appendix A.1, Form P2, Part 4, section 2 (c) of the Schedule for "Ancillary Grant of Probate or Ancillary Grant of Administration with Will Annexed" BEFORE amended by BC Reg 8/2022, effective January 17, 2022.

(c) each person, if any, who is a beneficiary under the will and is not named in paragraph (a) or (b) [List each surviving beneficiary and all beneficiaries who have did not survive the deceased in this application and indicate "(surviving)" or "(deceased)", as applicable.]:

 Appendix A.1, Form P2, Part 4, "Schedule for Grant of Administration Without Will Annexed", third paragraph under section 1, BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

[A person who does not survive a deceased person by 5 days, or a longer period provided in an instrument, is conclusively deemed to have died before the deceased. If a person survives a deceased person by 5 days, or longer if required by the will, for the purposes of this Form, the person is referred to as "surviving".]

 Appendix A.1, Form P2, Part 4, "Schedule for Ancillary Grant of Administration Without Will Annexed", third paragraph under section 2, BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

[A person who does not survive a deceased person by 5 days, or a longer period provided in an instrument, is conclusively deemed to have died before the deceased. If a person survives a deceased person by 5 days, or longer if required by the will, for the purposes of this Form, the person is referred to as "surviving".]

 Appendix A.1, Form P2, Part 4, "Schedule for Grant of Probate or Grant of Administration with Will Annexed", section 1 (parts) BEFORE amended by BC Reg 87/2023, effective April 3, 2023.

(a) he or she is named in the will as executor or alternate executor;

(b) he or she is a co-executor with the applicant(s) (i.e. has a right to make an application for an estate grant that is equal to the applicant's(s') right to make that application);

(c) he or she has not renounced executorship;

(d) he or she is alive at the date of this submission for estate grant;

(e) he or she has not become incapable of managing his or her affairs.

 Appendix A.1, Form P2, Part 4, "Schedule for Grant of Probate or Grant of Administration with Will Annexed", section 3 was added by BC Reg 87/2023, effective April 3, 2023.

 Appendix A.1, Form P2, Part 4, "Schedule for Ancillary Grant of Administration without Will Annexed", section 2 was added by BC Reg 87/2023, effective April 3, 2023.

 Appendix A.1, Form P2, Part 4, "Schedule for Ancillary Grant of Probate or Ancillary Grant of Administration with Will Annexed", section 3 was added by BC Reg 87/2023, effective April 3, 2023.

 Appendix A.1, Form P2, Part 4, "Schedule for Resealing of Grant of Probate or Grant of Administration with Will Annexed", section 3 was added by BC Reg 87/2023, effective April 3, 2023.

 Appendix A.1, Form P3, title, BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

AFFIDAVIT OF APPLICANT FOR GRANT OF PROBATE OR GRANT OF ADMINISTRATION WITH WILL ANNEXED

 Appendix A.1, Form P3, section 4 (first), BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

4 [ ] I am named as an executor or alternate executor as ....................[name as it appears in the will]....................... in the will and my appointment has not been revoked under section 56 (2) of the Wills, Estates and Succession Act or by a codicil to the will.

[If you checked the immediately preceding box, check whichever one of the immediately following 2 boxes is correct and complete any required information.]

[ ] No other persons are named in the will as executor.

[ ] Other persons are named in the will as executor and, of those, the following person(s) is/are not named as an applicant on the submission for estate grant for the reason shown after his/her/their name(s):

[Complete the following for each named person.]

.......................[name].................... is not named as an applicant on the submission for estate grant because he/she [ ] has renounced executorship [ ] is deceased [ ] other .....................[briefly set out reason]......................

 Appendix A.1, Form P3, sections 3 to 11 BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

3 All of paragraphs (a) to (k) of Rule 25-3 (6) are true and I am therefore authorized under Rule 25-3 (6) to swear this affidavit.

[Check the box for whichever one of the immediately following section 4's is correct and provide any required information.]

4 [  ] I am named as an executor or alternate executor as ....................[name as it appears in the will]....................... in the will and my appointment has not been revoked under section 56 (2) of the Wills, Estates and Succession Act or by a codicil to the will.

[If you checked the immediately preceding box, check whichever one of the immediately following 3 boxes is correct and complete any required information.]

[  ] No other persons are named in the will as executor.

[  ] No other persons are named in the will as executor who are not parties to this application.

[  ] Other persons are named in the will as executor and, of those, the following person(s) is/are not named as an applicant on the submission for estate grant for the reason shown after his/her/their name(s):

[Complete the following for each named person.]

.......................[name].................... is not named as an applicant on the submission for estate grant because he/she [  ] has renounced executorship [  ] is deceased [  ] other .....................[briefly set out reason]......................

4 [  ] I am not named as an executor or alternate executor in the will, and am a person referred to in paragraph ....... of section 131 of the Wills, Estates and Succession Act.

5 [Check whichever one of the immediately following 2 boxes is correct.]

[  ] I am not obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.

[  ] I am obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.

6 I am satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents and that no testamentary document that is dated later than the date of the will has been found.

7 I believe that the will is the last will of the deceased that deals with property in British Columbia.

8 I am not aware of any grant of probate or administration, or equivalent, having been issued, in relation to the deceased, in British Columbia or in any other jurisdiction.

9 I believe that the will complies with the requirements of Division 1 of Part 4 of the Wills, Estates and Succession Act and I am not aware of any issues that would call into question the validity or contents of the will.

10 I have read the submission for estate grant and the other documents referred to in that document and I believe that the information contained in that submission for estate grant and those documents is correct and complete.

11 I will administer according to law all of the deceased's estate, I will prepare an accounting as to how the estate was administered and I acknowledge that, in doing this, I will be subject to the legal responsibility of a personal representative.

 Appendix A.1, Form P3, sections 12 and 13 were added by BC Reg 250/2021, effective December 1, 2021.

 Appendix A.1, Form P3 BEFORE re-enacted by BC Reg 148/2022, effective October 3, 2022.

Form P3 (Rule 25-3 (2) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT OF APPLICANT FOR GRANT OF PROBATE OR GRANT OF ADMINISTRATION WITH WILL ANNEXED (SHORT FORM)

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ...............[address]..............., .........[occupation]............, SWEAR (OR AFFIRM) THAT:

1 I am the applicant/one of the applicants referred to in the submission for estate grant in relation to the estate of ........................[legal name of deceased].................... (the "deceased") and in relation to the document that is identified in section 4 of Part 3 of the submission for estate grant as the will (the "will"), and am applying for:

[Check whichever one of the following 2 boxes is correct.]

[  ] a grant of probate.

[  ] a grant of administration with will annexed.

2 [Check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[  ] The applicant on whose behalf this affidavit is sworn is not an individual and I am authorized by the applicant to swear this affidavit on the applicant's behalf.

[  ] I am an individual and ordinarily live at the following location:

City/town: .............................................

Province/state: ......................................

Country: ................................................

[Check the box for whichever one of the immediately following section 3's is correct and provide any required information.]

3 [  ] I am named as an executor or alternate executor as ....................[name as it appears in the will]....................... in the will and my appointment has not been revoked under section 56 (2) of the Wills, Estates and Succession Act or by a codicil to the will.

[If you checked the immediately preceding box, check whichever one of the immediately following 3 boxes is correct and complete any required information.]

[  ] No other persons are named in the will as executor.

[  ] No other persons are named in the will as executor who are not parties to this application.

[  ] Other persons are named in the will as executor and, of those, the following person(s) is/are not named as an applicant on the submission for estate grant for the reason shown after that/those person('s/s') name(s):

[Complete the following for each named person.]

.......................[name].................... is not named as an applicant on the submission
for estate grant because that person [  ] has renounced executorship [  ] is deceased
[  ] other .....................[briefly set out reason]......................

3 [  ] I am not named as an executor or alternate executor in the will, and am a person referred to in paragraph ....... of section 131 of the Wills, Estates and Succession Act.

4 [Check whichever one of the immediately following 2 boxes is correct.]

[  ] I am not obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.

[  ] I am obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.

5 I am satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places, both physical and electronic, where the deceased usually kept important documents.

6 I believe that the will is the last will of the deceased that deals with property in British Columbia.

7 I believe that the will complies with the requirements of Division 1 of Part 4 of the Wills, Estates and Succession Act and

(a) I am not aware of there being any issues that would call into question the validity or contents of the will,

(b) I am not requesting that the will be recognized as a military will executed in accordance with the requirements of section 38 of the Wills, Estates and Succession Act,

(c) I am not aware of there being any interlineations, erasures or obliterations in, or other alterations to, the will, and

(d) I am not aware of there being any issues arising from the appearance of the will.

8 An originally signed version of the will is being filed with the submission for estate grant.

9 A certificate from the chief executive officer under the Vital Statistics Act indicating the results of a search for a wills notice filed by or on behalf of the deceased is attached to this application, and the certificate indicates that

[Check whichever one of the immediately following 2 boxes is correct.]

[  ] no wills notice has been filed in relation to a testamentary document that is dated later than the date of the will included with this application.

[  ] no wills notice has been filed at all.

10 All documents referred to in the will are attached to the will.

11 I have read the submission for estate grant and the other documents referred to in that document and I believe that the information contained in that submission for estate grant and those documents is correct and complete.

12 I will administer according to law all of the deceased's estate, I will prepare an accounting as to how the estate was administered and I acknowledge that, in doing this, I will be subject to the legal responsibility of a personal representative.

13 I am not aware of there being any application for a grant of probate or administration, or any grant of probate or administration, or equivalent, having been issued, in relation to the deceased, in British Columbia or in any other jurisdiction.

SWORN (OR AFFIRMED) BEFORE)
ME at ........................., British Columbia)
on ..........[dd/mmm/yyyy].......... .)............................................................................
 )
..........................................................)
A commissioner for taking)
affidavits for British Columbia)
....[print name or affix stamp of commissioner].... 

 Appendix A.1, Form P4, title, BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

AFFIDAVIT OF APPLICANT FOR GRANT OF PROBATE OR GRANT OF ADMINISTRATION WITH WILL ANNEXED

 Appendix A.1, Form P4, sections 3 and 5, BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

3 [ ] I am named as an executor or alternate executor as ..............[name as it appears in the will]................ in the will and my appointment has not been revoked under section 56 (2) of the Wills, Estates and Succession Act or by a codicil to the will.

[If you checked the immediately preceding box, check whichever one of the immediately following 2 boxes is correct and complete any required information.]

[ ] No other persons are named in the will as executor.

[ ] Other persons are named in the will as executor and, of those, the following person(s) is/are not named as an applicant on the submission for estate grant for the reason shown after his/her/their name(s):

[Complete the following for each named person.]

..................[name]..................is not named as an applicant on the submission for estate grant because he/she [ ] has renounced executorship [ ] is deceased [ ] other ...................[briefly set out reason].............................

5 I am satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents and

[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[ ] no testamentary document of the deceased dated later than the will has been found.

[ ] one or more testamentary documents dated later than the will have been found. I believe that the later testamentary document(s) is/are invalid or otherwise not relevant to this application for the following reasons: ..............[briefly state the reasons]..........................

 Appendix A.1, Form P4, section 6 (c.1) and (c.2) were added by BC Reg 103/2015, effective July 1, 2015.

 Appendix A.1, Form P4, section 7 (part) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

[If you checked the second of the immediately preceding 2 boxes, complete the immediately following paragraph (a) if there are one or more interlineations in the will, paragraph (b) if there are one or more erasures or obliterations in the will, and paragraph (c) if there are one or more alterations in the will.]

 Appendix A.1, Form P4, section 8 BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

8 [Check whichever one of the immediately following 2 boxes is correct.]

[  ] The will does not refer to any documents or refers only to documents attached to the will.

[  ] The will refers to one or more documents not attached to the will and

[If you checked the second of the immediately preceding 2 boxes, complete the following for each document that is referred to in, but not attached to, the will.]

[  ] a copy of .....[identify document]....,

[Check whichever one of the immediately following 2 boxes is correct.]

[  ] is attached as Exhibit ....... to this affidavit

[  ] cannot be obtained by the applicant

 Appendix A.1, Form P4, section 5 (part) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

5 I am satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents and

 Appendix A.1, Form P4, section 6 (c.1) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

(c.1) Copy of the Will

[Check whichever one of the immediately following 2 boxes is correct.]

[ ] The will being filed is the original.

[ ] The will being filed is a copy. The applicant(s) cannot file the originally signed version of the will. Attached is an affidavit explaining why a copy is available but the original is not.

 Appendix A.1, Form P4, section 7 (part) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

[  ] I am not aware of there being any interlineations, erasures or obliterations in, or other alterations to, the will. [Go to section 8.]

 Appendix A.1, Form P4, section 7 (b) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

(b) Words Erased or Obliterated

[  ] Words in the will were erased or obliterated and

[If you checked the immediately preceding box, check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[  ] in each erasure or obliteration in the will, the words erased or obliterated are entirely effaced and cannot be ascertained on inspection.

[  ] the will contains at least one erasure or obliteration in which the words erased or obliterated are not entirely effaced and can be read, and the following applies to each of the erasures or obliterations that are not entirely effaced and can be read:

[If you checked the second of the immediately preceding 2 boxes, check whichever one of the immediately following 4 boxes is correct and provide any required information.]

[  ] I believe that the erasure or obliteration was made in accordance with the requirements of Division 1 of Part 4 of the Wills, Estates and Succession Act relating to the execution of a will.

[  ] I believe that the erasure or obliteration was authenticated by the re-execution of the will or by the subsequent execution of a codicil.

[  ] I believe that the words erased or obliterated should not form part of the will and, pursuant to Rule 25-3 (21) (a), submitted for filing with the submission for estate grant is/are the following affidavit(s):

1 the affidavit of ............[name]............ sworn .....[dd/mmm/yyyy].....

2 the affidavit of ............[name]............ sworn .....[dd/mmm/yyyy].....

[  ] I have no information to suggest that the erasures or obliterations reflect the will-maker's intentions.

[  ] There are one or more erasures or obliterations in the will in which the words erased or obliterated are not entirely effaced and can be read, and none of the foregoing boxes applies to all of those erasures or obliterations.

 Appendix A.1, Form P4, section 7.1 was added by BC Reg 250/2021, effective December 1, 2021.

 Appendix A.1, Form P4, sections 8 and 9 BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

8 [Check whichever one of the immediately following 2 boxes is correct.]

[  ] The will does not refer to any documents or refers only to documents attached to the will.

[  ] The will refers to one or more documents not attached to the will and

[If you checked the second of the immediately preceding 2 boxes, complete the following for each document that is referred to in, but not attached to, the will.]

[  ] a copy of .....[identify document]....,

[Check whichever one of the immediately following 3 boxes is correct.]

[  ] is attached as Exhibit ....... to this affidavit

[  ] cannot be obtained by the applicant

[  ] is not attached, because it is not testamentary

9 [Check whichever one of the immediately following 2 boxes is correct.]

[  ] I am not aware of any grant of probate or administration, or equivalent, having been issued, in relation to the deceased, in British Columbia or in any other jurisdiction.

[  ] The following grant(s) of probate or administration, or equivalent, has/have been issued, in relation to the deceased, in British Columbia or in another jurisdiction: .................................. ............................................................................................................................................................................... . I believe that that grant is/those grants are not relevant to this application for the following reasons: .............[briefly state the reasons]................. .

 Appendix A.1, Form P4, sections 2 to 4 BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

2 [Check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[  ] The applicant on whose behalf this affidavit is sworn is not an individual and I am authorized by the applicant to swear this affidavit on the applicant's behalf.

[  ] I am an individual and ordinarily live at the following location:

City/town: ..................................

Province/state: ...........................

Country: .....................................

[Check the box for whichever one of the immediately following section 3's is correct and provide any required information.]

3 [  ] I am named as an executor or alternate executor as ..............[name as it appears in the will]................ in the will and my appointment has not been revoked under section 56 (2) of the Wills, Estates and Succession Act or by a codicil to the will.

[If you checked the immediately preceding box, check whichever one of the immediately following 3 boxes is correct and complete any required information.]

[  ] No other persons are named in the will as executor.

[ ] No other persons are named in the will as executor who are not parties to this application.

[  ] Other persons are named in the will as executor and, of those, the following person(s) is/are not named as an applicant on the submission for estate grant for the reason shown after his/her/their name(s):

[Complete the following for each named person.]

..................[name]..................is not named as an applicant on the submission for estate grant because he/she [  ] has renounced executorship [  ] is deceased [  ] other ...................[briefly set out reason].............................

3 [  ] I am not named as an executor or alternate executor in the will, and am a person referred to in paragraph ...... of section 131 of the Wills, Estates and Succession Act.

3 [  ] I am an attorney of a foreign personal representative and am making application under section 139 of the Wills, Estates and Succession Act.

4 [Check whichever one of the immediately following 2 boxes is correct.]

[  ] I am not obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.

[  ] I am obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.

 Appendix A.1, Form P4, section 6 (c.1), second and seventh tick boxes BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

[  ] The will being filed is a physical copy or PDF copy of a physical original. The applicant(s) cannot file the originally signed physical version of the will....[if you have first hand knowledge of the reason the original cannot be filed, enter that here]....[if you do not have direct knowledge of all reasons why the original cannot be attached, include the following text and affidavit]... . Attached is an affidavit explaining why a copy is available, but the original is not.

[  ] the will in its original electronic form cannot be submitted ....[if you have first hand knowledge of the reason the original cannot be filed, enter that here].... [if you do not have direct knowledge of all reasons why the original cannot be attached, include the following text and affidavit].... . Attached is an affidavit explaining why a copy is available but the original is not.

 Appendix A.1, Form P4, section 6 (c.2), third tick box BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

[  ] The will was made outside of British Columbia and does not comply with the requirements for making a will that are set out in Division 1 of Part 4 of the Wills, Estates and Succession Act, but the will was validly made in accordance with paragraph... [set out paragraph]... of section 80 of that Act. Attached is an affidavit explaining why section 80 applies.

 Appendix A.1, Form P4, section 7 (a) BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

(a) Interlineations

[  ] There are one or more interlineations in the will, and the following applies to each of those interlineations:

[If you checked the immediately preceding box, check whichever one of the immediately following 4 boxes is correct and provide any required information.]

[  ] I believe that the interlineation was made in accordance with the requirements of Division 1 of Part 4 of the Wills, Estates and Succession Act relating to the execution of a will.

[  ] I believe that the interlineation was authenticated by the re-execution of the will or by the subsequent execution of a codicil.

[  ] I cannot check either of the 2 immediately preceding boxes but believe that the interlineation should form part of the will as it was present when the will was signed, and, pursuant to Rule 25-3 (20) (a), submitted for filing with the submission for estate grant is/are the following affidavit(s):

1 the affidavit of ............[name]............ sworn .....[dd/mmm/yyyy].....

2 the affidavit of ............[name]............ sworn .....[dd/mmm/yyyy].....

[  ] I have no information to suggest that the interlineation reflects the will-maker's intentions.

[  ] There are one or more interlineations in the will, and none of the foregoing boxes applies to all of those interlineations.

 Appendix A.1, Form P5, section 5 BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

5 I am satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents and

[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[ ] no testamentary document of the deceased has been found.

[ ] one or more testamentary documents have been found. I believe that the testamentary document(s) is/are invalid or otherwise not relevant to this application for the following reasons: ...........[briefly state the reasons]...........

 Appendix A.1, Form P5, section 3 BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

3 I am a person referred to in paragraph .............. of section 130 of the Wills, Estates and Succession Act.

 Appendix A.1, Form P5, section 3 (part) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

[  ] I am a person nominated under paragraph .....[select (a) or (c)] ..... of section 130 of the Wills, Estates and Succession Act.

 Appendix A.1, Form P5, section 7 BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

7 [Check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[  ] I am not aware of any grant of probate or administration, or equivalent, having been issued in relation to the deceased in British Columbia or in any other jurisdiction.

[  ] The following grant(s) of probate or administration, or equivalent, has/have been issued in relation to the deceased in British Columbia or in another jurisdiction: ................................... ................................................................................. . I believe that that grant is/those grants are not relevant to this application for the following reasons: ....................[briefly state the reasons].................... .

 Appendix A.1, Form P5 BEFORE re-enacted by BC Reg 148/2022, effective October 3, 2022.

Form P5 (Rule 25-3 (2) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit of .............[name]............. in this case and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT OF APPLICANT FOR GRANT OF ADMINISTRATION WITHOUT WILL ANNEXED

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ..........................[name]......................., of ....................[address]..............., ...........[occupation]............., SWEAR (OR AFFIRM) THAT:

1 I am the applicant/one of the applicants referred to in the submission for estate grant in relation to the estate of ...........[legal name of deceased].......... (the "deceased") and am applying for a grant of administration without will annexed.

2 [Check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[  ] The applicant on whose behalf this affidavit is sworn is not an individual and I am authorized by the applicant to swear this affidavit on the applicant's behalf.

[  ] I am an individual and ordinarily live at the following location:

City/town: ...........................................

Province/state: ....................................

Country: ..............................................

3 [Check whichever one of the immediately following 2 boxes is correct and indicate the paragraph that applies]

[  ] I am a person referred to in paragraph .............. of section 130 of the Wills, Estates and Succession Act.

[  ] I am a person nominated under paragraph .....[select (a), (c) or (e.1)] ..... of section 130 of the Wills, Estates and Succession Act.

4 [Check whichever one of the immediately following 2 boxes is correct.]

[  ] I am not obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.

[  ] I am obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.

5 I am satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents and

[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[  ] no testamentary document of the deceased has been found.

[  ] one or more testamentary documents have been found. A copy of the testamentary document(s) is attached as an exhibit to the affidavit. I believe that the testamentary document(s) is/are invalid or otherwise not relevant to this application for the following reasons: ...........[briefly state the reasons]...........

6 I believe that there is no will of the deceased.

7 [Check whichever one of the immediately following 3 boxes is correct and provide any required information.]

[  ] I am not aware of there being any application for a grant of probate or administration, or any grant of probate or administration, or equivalent, having been issued, in relation to the deceased, in British Columbia or in any other jurisdiction.

[  ] The following grant(s) of probate or administration, or equivalent, has/have been issued in relation to the deceased in British Columbia or in another jurisdiction:................................... . I believe that that grant is/those grants are not relevant to this application for the following reasons: ....................[briefly state the reasons].....................

[  ] The following person(s) has/have also applied for a grant of probate or administration: .[insert name(s)]....

8 I have read the submission for estate grant and the other documents referred to in that document and I believe that the information contained in that submission for estate grant and those documents is correct and complete.

9 I will administer according to law all of the deceased's estate, I will prepare an accounting as to how the estate was administered and I acknowledge that, in doing this, I will be subject to the legal responsibility of a personal representative.

SWORN (OR AFFIRMED) BEFORE)
ME at ........................., British Columbia)
on ..........[dd/mmm/yyyy].......... .) ............................................................................
..........................................................)
A commissioner for taking)
affidavits for British Columbia)
....[print name or affix stamp of commissioner].... 

 Appendix A.1, Form P6, section 5 BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

5 I am satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents and

[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[ ] no testamentary document of the deceased other than the will has been found.

[ ] one or more testamentary documents other than the will have been found. I believe that the other testamentary document(s) is/are invalid or otherwise not relevant to this application for the following reasons: ...................[briefly state the reasons].................... .

 Appendix A.1, Form P6, section 5 (part) BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

5 I am satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents and

 Appendix A.1, Form P6, sections 6 and 7 were renumbered as sections 7 and 8 by BC Reg 148/2022, effective October 3, 2022.

 Appendix A.1, Form P6, section 6 was added by BC Reg 148/2022, effective October 3, 2022.

 Appendix A.1, Form P7, section 5 (part) BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

5 I am satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents and

 Appendix A.1, Form P7, sections 6 and 7 were renumbered as sections 7 and 8 by BC Reg 148/2022, effective October 3, 2022.

 Appendix A.1, Form P7, section 6 was added by BC Reg 148/2022, effective October 3, 2022.

 Appendix A.1, Form P9, sections 2 and 3, BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

2 I delivered a copy of the notice, along with ...........[identify the document(s), if any, that the applicant is required to deliver under Rule 25-2 (1) (b)].......... to the following persons as follows:

[Check whichever one or more of the immediately following 3 boxes are correct and provide the required information.]

[ ] by mailing it/them to the following persons by ordinary mail:

...............[name of person who received delivery by ordinary mail]...............

...............[name of person who received delivery by ordinary mail]...............

[ ] by handing it/them to and leaving it/them with the following persons:

...............[name of person who received personal delivery]...............

...............[name of person who received personal delivery]...............

[ ] by sending it/them to the following persons by e-mail, fax or other electronic means to that person:

....[name of person who received delivery by e-mail, fax or other electronic means]........

....[name of person who received delivery by e-mail, fax or other electronic means]........

[If you checked the third of the immediately preceding 3 boxes, check both of the immediately following boxes. If you cannot check both of the immediately following boxes in relation to any person to whom the notice was sent by e-mail, fax or other electronic means because he or she has not provided the required acknowledgement, you must re-deliver the notice and Rule 25-2 (1) (b) documents by mail or personal delivery and swear to that delivery under the first or second of the boxes in this section 2.]

[ ] Each of the persons who received delivery by e-mail, fax or other electronic means has, in writing, acknowledged receipt of the document(s) referred to in this section.

[ ] I will retain a copy of those acknowledgements until the personal representative of the deceased is discharged and will produce those acknowledgements promptly after being requested to do so by the registrar.

3 [Complete the following section and accompanying table if any of the persons referred to in section 2 received delivery of the notice on behalf of another person.]

The person referred to in Column 1 received delivery of the document(s) referred to in section 2 on behalf of the person referred to in Column 2, and the person in Column 1 received that delivery in the capacity shown in Column 3.

Column 1Column 2Column 3
ItemName of person to whom the document(s) referred to in section 2 was/were deliveredName of person entitled to delivery under Rule 25-3 (2)The person named in Column 1 is a person referred to in Rule 25-3 (6), (8) or (10) who received delivery on behalf of the person referred to in Column 2 in the following capacity: [indicate in what capacity this person received delivery- e.g. parent, guardian, committee, etc.]
1..........[name]....................[name]....................[capacity in which the person received delivery]..........
2..........[name]....................[name]....................[capacity in which the person received delivery]..........

 Appendix A.1, Form P9, section 3 BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

3 [Complete the following phrase for each person referred to in section 2 who received delivery of the notice on behalf of another person under Rule 25-3 (6), (9) or (11).]

I delivered the document(s) referred to in section 2 to ...............[name]................ in his/her capacity as the ...............[identify capacity, e.g. parent, guardian, committee, etc.]............... of ...............[name of person to whom, under Rule 25-3 (2), the document(s) referred to in section 2 was (were) required to be delivered and on whose behalf the person referred to in this section received delivery of the document(s)]............... .

[Include the following section if applicable.]

 Appendix A.1, Form P9, section 2 (part) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

2 I delivered a copy of the notice, along with ...........[identify the document(s), if any, that the applicant is required to deliver under Rule 25-2 (1) (b)].......... to the following persons as follows:

 Appendix A.1, Form P9, section 3 (part) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

[Include the following section if applicable.]

 Appendix A.1, Form P9, section 5 was added by BC Reg 250/2021, effective December 1, 2021.

 Appendix A.1, Form P9, sections 2 and 5 BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

2 I delivered a copy of the notice, along with ...........[identify the document(s), if any, that the applicant is required to deliver under Rule 25-2 (1.1) (b)].......... to the following persons as follows:

[Check whichever one or more of the immediately following 3 boxes are correct and provide the required information.]

[  ] by mailing it/them to the following persons by ordinary mail:

.............[name of person who received delivery by ordinary mail]............ on ...[date of delivery — dd/mmm/yyyy]...

.............[name of person who received delivery by ordinary mail]............ on ...[date of delivery — dd/mmm/yyyy]...

[  ] by handing it/them to and leaving it/them with the following persons:

.............[name of person who received personal delivery]........................ on ...[date of delivery — dd/mmm/yyyy]...

.............[name of person who received personal delivery]........................ on ...[date of delivery — dd/mmm/yyyy]...

[  ] by sending it/them to the following persons by e-mail, fax or other electronic means to that person:

.............[name of person who received delivery by e-mail, fax or other electronic means]....... on ...[date of delivery — dd/mmm/yyyy]...

.............[name of person who received delivery by e-mail, fax or other electronic means]....... on ...[date of delivery — dd/mmm/yyyy]...

[If you checked the third of the immediately preceding 3 boxes, check both of the immediately following boxes. If you cannot check both of the immediately following boxes in relation to any person to whom the notice was sent by e-mail, fax or other electronic means because he or she has not provided the required acknowledgement, you must re-deliver the notice and Rule 25-2 (1) (b) documents by mail or personal delivery and swear to that delivery under the first or second of the boxes in this section 2.]

[  ] Each of the persons who received delivery by e-mail, fax or other electronic means has, in writing, acknowledged receipt of the document(s) referred to in this section.

[  ] I will retain a copy of those acknowledgements until the personal representative of the deceased is discharged and will produce those acknowledgements promptly after being requested to do so by the registrar.

5 In accordance with Rule 25-2 (1.1):

[  ] No person who received notice demanded the will in its original electronic form.

[  ] I provided the will or access to the will in its original electronic form to the following person(s) ...[insert name(s)]... .

 Appendix A.1, Form P10, section 4, BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

4 If I determine that there is any property or liability that has not been disclosed in Exhibit A, I will promptly after learning of the same file an affidavit of assets and liabilities in Form P14 to disclose that information.

 Appendix A.1, Form P10, sections 3 to 5 BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

3 Attached to this affidavit as Exhibit A is a Statement of Assets, Liabilities and Distribution that discloses

(a) all of the property of the deceased, irrespective of its location, nature or value, that passes to the applicant in the applicant's capacity as the deceased's personal representative,

(b) the value of that property, and

(c) the liabilities that charge or encumber that property.

4 If I determine that there is any property or liability that has not been disclosed in Exhibit A, or that information contained in this affidavit is incorrect or incomplete, I will promptly after learning of the same file an affidavit of assets and liabilities in Form P14 to disclose the correct and complete information.

5 In addition to the probate fees payable in relation to any property disclosed in Exhibit A, I promise to pay the Minister of Finance the probate fees payable with respect to the value of any property that passes to me as the deceased's personal representative, and that is not disclosed in Exhibit A, on a determination being made as to the value of that asset.

 Appendix A.1, Form P10, section 6 was added by BC Reg 250/2021, effective December 1, 2021.

 Appendix A.1, Form P10, Exhibit A BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

This is Exhibit A referred to in the affidavit of
........................................, sworn (or affirmed)
before me on ...............[dd/mmm/yyyy]..............
.........................................................................
A commissioner for taking affidavits for
British Columbia

Statement of Assets, Liabilities and Distribution

Part I
Real Property (including mortgages and vendors' and
purchasers' interests in agreements for sale)
Within or Without
British Columbia
Value at Death
 
TOTAL 
Part II
Personal Property (all assets except real property)
Within or Without British ColumbiaValue at Death
  
TOTAL 
GROSS VALUE OF ESTATE
Part III
Liabilities
Paid or UnpaidAmount
  
TOTAL 

 Appendix A.1, Form P10, Exhibit B was added by BC Reg 250/2021, effective December 1, 2021.

 Appendix A.1, Form 10, Exhibit A, Part III (part) BEFORE amended by BC Reg 8/2022, effective January 17, 2022.

Part III
Intangible Personal Property within British Columbia that is not dealt with by the foreign grant (including bank accounts, intellectual property and other valuable items that cannot be touched by hand)
Value at Death

 Appendix A.1, Form P10, Part I of Exhibit A BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

Part I
Real Property within British Columbia (including mortgages and vendors' and purchasers' interests in agreements for sale)
Value at Death
List item details and then list secured debt details below those items 
For example:

123 Main Street, Victoria, BC

PID

Legal Description

Market Value

as per 2021 Assessment Notice

Less: Prime Mortgage Company —

Mortgage registered under No. 23456








$1,000,000.00


− $600,000.00











$400,000
TOTAL REAL PROPERTY WITHIN BRITISH COLUMBIA$400,000

 Appendix A.1, Form P10, Part I of Exhibit B BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

Part I
Real Property outside British Columbia (including mortgages and vendors' and purchasers' interests in agreements for sale)
Value at Death
List item details; it is unnecessary to list debts or liabilities that charge or encumber the property 
For example:

123 Main Street, Calgary, AB

PID

Legal Description

Market Value

[as per method determined]

$2,000,000.00
TOTAL REAL PROPERTY OUTSIDE BRITISH COLUMBIA$500,000

 Appendix A.1, Form P11, Exhibit A BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

This is Exhibit A referred to in the affidavit of
........................................, sworn (or affirmed)
before me on ...............[dd/mmm/yyyy]..............
.........................................................................
A commissioner for taking affidavits for
British Columbia

Statement of Assets, Liabilities and Distribution

Part I
Real Property (including mortgages and vendors' and
purchasers' interests in agreements for sale) within British Columbia
Value at Death
TOTAL 
Part II
Personal Property (all assets except real property) within British Columbia
Value at Death
TOTAL 
GROSS VALUE OF ESTATE
Part III
Liabilities
Paid or UnpaidAmount
TOTAL

 Appendix A.1, Form P11, Exhibit A, Part III (part) BEFORE amended by BC Reg 8/2022, effective January 17, 2022.

Part III
Intangible Personal Property within British Columbia, and Intangible Personal Property outside British Columbia, that is not dealt with by the foreign grant (including bank accounts, intellectual property and other valuable items that cannot be touched by hand)
Value at Death

 Appendix A.1, Form P11, Part I of Exhibit A BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

Part I
Real Property within British Columbia (including mortgages and vendors' and purchasers' interests in agreements for sale)
Value at Death
List item details and then list secured debt details below those items 
For example:

123 Main Street, Victoria, BC

PID

Legal Description

Market Value

as per 2021 Assessment Notice

Less: Prime Mortgage Company —

Mortgage registered under No. 23456








$1,000,000.00


− $600,000.00











$400,000
TOTAL REAL PROPERTY WITHIN BRITISH COLUMBIA$400,000

 Appendix A.1, Form P11, section 5 (a) BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

(a) all of the property of the deceased within British Columbia, irrespective of its nature or value, that passes to the applicant in the applicant's capacity as the deceased's personal representative in accordance with section 138 of the Wills, Estates and Succession Act,

 Appendix A.1, Form P14, section 3 (a) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

(a) all of the property of the deceased that was not disclosed in any earlier affidavit of assets and liabilities filed in this proceeding,

 Appendix A.1, Form P14, section 3 (a) BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

(a) all of the property of the deceased that was not disclosed or was inaccurately disclosed in any earlier affidavit of assets and liabilities filed in this proceeding,

 Appendix A.1, Form P14, Exhibit A BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

This is Exhibit A referred to in the affidavit of
........................................, sworn (or affirmed)
before me on ...............[dd/mmm/yyyy]..............
.........................................................................
A commissioner for taking affidavits for
British Columbia

Supplemental Statement of Assets, Liabilities and Distribution

Part I
Real Property not disclosed or inaccurately disclosed in any
earlier affidavit of assets and liabilities (including mortgages
and vendors' and purchasers' interests in agreements for sale)
Within or Without
British Columbia
Value at Death
TOTAL
Part II
Personal Property not disclosed or inaccurately disclosed in
any earlier affidavit of assets and liabilities (all assets except
real property)
Within or Without
British Columbia
Value at Death
TOTAL 
GROSS VALUE OF ESTATE
Part III
Liabilities not disclosed or inaccurately disclosed in any earlier
affidavit of assets and liabilities
Paid or UnpaidAmount
TOTAL

 Appendix A.1, Form P14, Exhibit A, Part III (part) BEFORE amended by BC Reg 8/2022, effective January 17, 2022.

Part III
Intangible Personal Property within British Columbia, and Intangible Personal Property outside British Columbia, that is not dealt with by the foreign grant (including bank accounts, intellectual property and other valuable items that cannot be touched by hand)
Value at Death

 Appendix A.1, Form P14, Part I of Exhibit A BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

Part I
Real Property within British Columbia (including mortgages and vendors' and purchasers' interests in agreements for sale)
Value at Death
List item details and then list secured debt details below those items 
For example:

123 Main Street, Victoria, BC

PID

Legal Description

Market Value

as per 2021 Assessment Notice

Less: Prime Mortgage Company —

Mortgage registered under No. 23456








$1,000,000.00


− $600,000.00











$400,000
TOTAL REAL PROPERTY WITHIN BRITISH COLUMBIA$400,000

 Appendix A.1, Form P14, Part I, II and III header rows of Exhibit A BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

Part I
Real Property within British Columbia (including mortgages and vendors' and purchasers' interests in agreements for sale)
Value at Death
Part II
Tangible Personal Property within British Columbia (including vehicles, furniture and other physical items)
Value at Death
Part III
Intangible Personal Property within British Columbia, and Intangible Personal Property outside British Columbia, that is not dealt with by a foreign grant (including bank accounts, intellectual property and other valuable items that cannot be touched by hand)
Value at Death

 Appendix A.1, Form P15, section 5 BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

5 If I determine that there is any property or liability that has not been disclosed in Exhibit A or in any earlier affidavit of assets and liabilities filed in this proceeding or that information contained in this affidavit or in any of those previous affidavits is incorrect or incomplete, I will promptly after learning of the same file a supplemental affidavit of assets and liabilities for domiciled estate grant in Form P14 to disclose the correct and complete information.

 Appendix A.1, Form P15, section 1 BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

1 I am an applicant for ..........[Set out whichever one of the following 5 choices is correct: a grant of probate/a grant of administration with will annexed/a grant of administration without will annexed/an ancillary grant of probate/an ancillary grant of administration].......... in relation to the estate of ....................[legal name of deceased].................... (the "deceased").

 Appendix A.1, Form P15, Exhibit A BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

This is Exhibit A referred to in the affidavit of
........................................, sworn (or affirmed)
before me on ...............[dd/mmm/yyyy]..............
.........................................................................
A commissioner for taking affidavits for
British Columbia

Supplemental Statement of Assets, Liabilities and Distribution

Part I
Real Property not disclosed or inaccurately disclosed in any earlier affidavit of assets
and liabilities (including mortgages and vendors' and purchasers' interests in agreements for
sale) in British Columbia
Value at Death
TOTAL
Part II
Personal Property not disclosed or inaccurately disclosed in any earlier affidavit of assets
and liabilities (all assets except real property) in British Columbia
Value at Death
TOTAL
GROSS VALUE OF ESTATE
Part III
Liabilities not disclosed or inaccurately disclosed in any earlier
affidavit of assets and liabilities
Paid or UnpaidAmount
TOTAL

 Appendix A.1, Form P15, Exhibit A, Part III (part) BEFORE amended by BC Reg 8/2022, effective January 17, 2022.

Part III
Intangible Personal Property within British Columbia that is not dealt with by the foreign grant (including bank accounts, intellectual property and other valuable items that cannot be touched by hand)
Value at Death

 Appendix A.1, Form P15, Part I of Exhibit A BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

Part I
Real Property within British Columbia (including mortgages and vendors' and purchasers' interests in agreements for sale)
Value at Death
List item details and then list secured debt details below those items 
For example:

123 Main Street, Victoria, BC

PID

Legal Description

Market Value

as per 2021 Assessment Notice

Less: Prime Mortgage Company —

Mortgage registered under No. 23456








$1,000,000.00


− $600,000.00











$400,000
TOTAL REAL PROPERTY WITHIN BRITISH COLUMBIA$400,000

 Appendix A.1, Form P15, Part I, II and III header rows of Exhibit A BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

Part I
Real Property within British Columbia (including mortgages and vendors' and purchasers' interests in agreements for sale)
Value at Death
Part II
Tangible Personal Property within British Columbia (including vehicles, furniture and other physical items)
Value at Death
Part III
Intangible Personal Property within British Columbia, and Intangible Personal Property outside British Columbia, that is not dealt with by a foreign grant (including bank accounts, intellectual property and other valuable items that cannot be touched by hand)
Value at Death

 Appendix A.1, Form P19 BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

Appendix A.1, Form P19 (Rule 25-4 (1) )

No. ...............................
.................................. Registry

In the Supreme Court of British Columbia

In the Matter of the Estate of ..............[legal name of deceased]..............., deceased

In Probate

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

WHEREAS .............[legal name of deceased]..............., also known as ................[indicate any other names by which the deceased was known]....................... (the "deceased"), whose last known address was .................... ........................................... died on .........[date of death — dd/mmm/yyyy]............. [add, if this grant applies to a grant of probate or a grant of administration with will annexed: and left a will dated ...........[dd/mmm/yyyy]........, a copy of which is attached.]

Administration of the estate of the deceased is granted to .........................[name(s)]..............................

[If this grant is a grant of probate, add the following if required.]

reserving the right of ..............[name(s)]............... to apply for and obtain a grant of probate at a later date if that executor/those executors should so desire.

[Add whichever of the following is/are correct.]

The will in relation to which this grant is issued is to be read in conjunction with an order dated .........[dd/mmm/yyyy]......., a copy of which is attached.

This grant is limited pursuant to an order dated .....[dd/mmm/yyyy]....., a copy of which is attached.

This grant is ancillary to a foreign grant dated .....[dd/mmm/yyyy]....., a copy of which is attached, and is limited to property in British Columbia.

Sealed by the Supreme Court of British Columbia on .....[dd/mmm/yyyy].....

By the Court.
.............................................................................
Registrar

 Appendix A.1, Form P20 (part) BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

The .....[Set out whichever one of the following 7 choices is correct: grant of probate/grant of administration with will annexed/grant of administration without will annexed/ancillary grant of probate/ancillary grant of administration with will annexed/ancillary grant of administration without will annexed/resealing of a foreign grant]..... dated .....[dd/mmm/yyyy]..... is corrected by ...............[indicate the correction]............... .

 Appendix A.1, Form P20.1 was enacted by BC Reg 115/2019, effective July 1, 2019.

 Appendix A.1, Form P21, section 1 of "Schedule for Resealing of Grant of Probate or Grant of Administration with Will Annexed" BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

1 Each person to whom the foreign grant was issued is an applicant under the submission for resealing or is represented by an attorney who is an applicant under the submission for resealing.

 Appendix A.1, Form P21, section 2 of "Schedule for Resealing of Grant of Probate or Grant of Administration with Will Annexed" BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for resealing.] [List each named person on a separate line.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act]:

(b) child(ren), if any, of the deceased:

(c) each person, if any, who is a beneficiary under the will and who is not named in paragraph (a) or (b):

(d) each person, if any, who would have been an intestate successor if the deceased had not left a will and who is not named in paragraph (a), (b) or (c):

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11]:

 Appendix A.1, Form P21, section 1 of "Schedule for Resealing of Grant of Administration without Will Annexed" BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

1 Each person to whom the foreign grant was issued is an applicant under the submission for resealing or is represented by an attorney who is an applicant under the submission for resealing.

 Appendix A.1, Form P21, section 2 of "Schedule for Resealing of Grant of Administration without Will Annexed" BEFORE amended by BC Reg 103/2015, effective July 1, 2015.

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for resealing.] [List each named person on a separate line.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act]:

(b) child(ren), if any, of the deceased:

(c) each person, if any, not named in paragraph (a) or (b), who is entitled to receive all or part of the estate of a person who dies without a will [see section 23 of the Wills, Estates and Succession Act]:

(d) each creditor of the deceased, if any, not named in paragraph (a), (b) or (c) whose claim exceeds $10 000:

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11]:

 Appendix A.1, Form P21, text preceding Part 1 (part) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

[Check whichever one of the immediately following 2 boxes is correct.]

[  ] I am/We are submitting with this submission for resealing an affidavit of assets and liabilities for resealing in Form P25 and therefore do not require an authorization to obtain resealing information.

[  ] I am/We are seeking an authorization to obtain resealing information so that I/we can secure the information necessary to prepare and submit an affidavit of assets and liabilities for resealing.

 Appendix A.1, Form P21, Part 1 (part) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

Full legal name of the deceased:

 Appendix A.1, Form P21, Part 3, section 6 BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

6 [Check whichever one of the immediately following 3 boxes is correct and provide any required information.]

[  ] The will referred to in section 4 does not refer to any documents or refers only to documents attached to the will.

[  ] Filed with this submission for resealing is/are the following document(s), which document(s) is/are all of the documents referred to in, but not attached to, the will referred to in section 4:

1

2

3 etc.

[  ] The foreign grant is a grant of administration without will annexed.

 Appendix A.1, Form P21, Part 4 (parts) BEFORE amended by BC Reg 115/2019, effective July 1, 2019.

Schedule for Resealing of Grant of Probate or Grant of Administration with Will Annexed

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently living spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/other former spouse(s) [provide name(s) of other former spouse(s) and indicate "(former spouse)"]/never married.]:

Schedule for Resealing of Grant of Administration without Will Annexed

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently living spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/other former spouse(s) [provide name(s) of other former spouse(s) and indicate "(former spouse)"]/never married.]:

 Appendix A.1, Form P21, all text before Part 1 BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

Form P21 (Rule 25-6 (2) )

No. .....................
................................. Registry

In the Supreme Court of British Columbia

In the Matter of the Estate of ...............[legal name of deceased]..............., deceased

SUBMISSION FOR RESEALING

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

This submission for resealing is submitted by: ............[name of applicant(s)].............

I am/We are applying for the resealing under Part 6 of the Wills, Estates and Succession Act of the grant issued by the ......[name and province or country of issuing court]..... on .....[dd/mmm/yyyy]..... (the "foreign grant") in relation to the deceased described in Part 1 of this submission for resealing.

[Check whichever one of the immediately following 5 boxes is correct.]

[  ] I am/We are submitting with this submission for resealing an affidavit of assets and liabilities for resealing in Form P25 and therefore do not require an authorization to obtain resealing information.

[  ] I am/We are seeking an authorization to obtain resealing information so that I/we can secure the information necessary to prepare and submit an affidavit of assets and liabilities for resealing.

[  ] I/We request ...[number of copies]... certified copy(ies) of the resealed estate grant.

[  ] I/We request ...[number of copies]... certified copy(ies) of the authorization to obtain resealing information.

[  ] I/We request ...[number of copies]... certified copy(ies) of the Affidavit of Assets and Liabilities for Resealing.

This submission for resealing has 4 Parts:

Part 1: Information about the Deceased

Part 2: Information about the Applicant(s)

Part 3: Documents Filed with this Submission for Resealing

Part 4: Schedule

Date: .........[dd/mmm/yyyy].................................................................................
Signature of [  ] applicant [  ] lawyer for applicant(s)
.......................[type or print name]....................

 Appendix A.1, Form P21, Part 3, section 1 BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

1 [Check whichever one of the immediately following 2 boxes is correct and file the specified affidavit(s).]

[  ] There is one applicant to this submission for resealing and

(a) the applicant has sworn an affidavit in Form .....[Set out whichever one of the following 2 choices is correct — P22/P23]....., and

(b) that affidavit is filed with this submission for resealing.

[  ] There are 2 or more applicants to this submission for resealing and

(a) at least one of the applicants has sworn an affidavit in Form .....[Set out whichever one of the following 2 choices is correct — P22/P23]......,

(b) that/those affidavit(s) is/are filed with this submission for resealing, and

(c) the remaining applicant(s) has/have sworn (an) affidavit(s) in Form P24 and that/those affidavit(s) is/are filed with this submission for resealing.

 Appendix A.1, Form P21, Part 4, section 2 of the Schedule for "Resealing of Grant of Probate or Grant of Administration with Will Annexed" BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for resealing.] [List each named person on a separate line.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently living spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/never married.]:

(b) child(ren), if any, of the deceased [Provide the appropriate response(s), as applicable: living child(ren) of deceased [provide name(s) of child(ren)]/any child(ren) of the deceased who died before the deceased [provide name(s) of child(ren) and indicate "(deceased)"]/no children.]:

(c) each person, if any, who is a beneficiary under the will and who is not named in paragraph (a) or (b) [List each living beneficiary and all beneficiaries who have died before the deceased in this application and indicate "(living)" or "(deceased)", as applicable.]:

(d) each person, if any, who would have been an intestate successor if the deceased had not left a will and who is not named in paragraph (a), (b) or (c) [List all living persons who would be entitled to inherit on intestacy and their relationship to the deceased.]:

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11] [List anyone who has filed a citation or indicate that no citation has been received.]:

 Appendix A.1, Form P21, Part 4, section 2 of the Schedule for "Resealing of Grant of Administration without Will Annexed" BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for resealing.] [List each named person on a separate line.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently living spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/never married.]:

(b) child(ren), if any, of the deceased [Provide the appropriate response(s), as applicable: living child(ren) of deceased [provide name(s) of child(ren)]/any child(ren) of the deceased who died before the deceased [provide name(s) of child(ren) and indicate "(deceased)"]/no children.]:

(c) each person, if any, not named in paragraph (a) or (b), who is entitled to receive all or part of the estate of a person who dies without a will [see section 23 of the Wills, Estates and Succession Act] [List all living persons who would be entitled to inherit on intestacy and their relationship to the deceased.]:

(d) each creditor of the deceased, if any, not named in paragraph (a), (b) or (c) whose claim exceeds $10 000:

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11] [List anyone who has filed a citation or indicate that no citation has been received.]:

 Appendix A.1, Form P21, Part 4, section 2 (c) of the Schedule for "Resealing of Grant of Probate or Grant of Administration with Will Annexed" BEFORE amended by BC Reg 8/2022, effective January 17, 2022.

(c) each person, if any, who is a beneficiary under the will and who is not named in paragraph (a) or (b) [List each surviving beneficiary and all beneficiaries who have did not survive the deceased in this application and indicate "(surviving)" or "(deceased)", as applicable.]:

 Appendix A.1, Form P21, Part 3, section 1, second tick box BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

[  ] There are 2 or more applicants to this submission for resealing and a single .....[Select whichever one of the following 2 choices is correct: P22/P23]... affidavit on behalf of all applicants is filed with this submission for estate grant.

 Appendix A.1, Form P21, Part 3, section 2 BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

2 Filed with this submission for resealing is/are the following Affidavit(s) of Delivery in Form P9 that confirms/collectively confirm that the documents referred to in Rule 25-2 were delivered to all of the persons to whom, under that rule, the documents were required to be delivered:

Affidavit of ...[name]... sworn ...[dd/mmm/yyyy]...

Affidavit of ...[name]... sworn ...[dd/mmm/yyyy]...

Affidavit of ...[name]... sworn ...[dd/mmm/yyyy]...

 Appendix A.1, Form P21, Schedule for Resealing of Grant of Administration without Will Annexed, section 2, third instruction BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

[A person who does not survive a deceased person by 5 days, or a longer period provided in an instrument, is conclusively deemed to have died before the deceased. If a person survives a deceased person by 5 days, or longer if required, for the purposes of this Form, the person is referred to as "surviving".]

 Appendix A.1, Form P21, Part 4, "Schedule for Resealing of Grant of Probate or Grant of Administration with Will Annexed", section 3 was added by BC Reg 87/2023, effective April 3, 2023.

 Appendix A.1, Form P21, Part 4, "Schedule for Resealing of Grant of Administration without Will Annexed", section 3 was added by BC Reg 87/2023, effective April 3, 2023.

 Appendix A.1, Form P22, sections 5 to 7 BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

5 I am satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents and

[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[  ] no testamentary document of the deceased other than the will has been found.

[  ] one or more testamentary documents other than the will have been found. I believe that the other testamentary document(s) is/are invalid or otherwise not relevant to this application for the following reasons: ..........[briefly state the reasons].......... .

6 I have read the submission for resealing and the other documents referred to in that document and I believe that the information contained in that submission for resealing and those documents is correct and complete.

7 I will administer according to law the deceased's estate to which the submission for resealing relates and I acknowledge that, in doing this, I will be subject to the legal responsibility of a personal representative.

 Appendix A.1, Form P22, sections 8 to 10 were added by BC Reg 250/2021, effective December 1, 2021.

 Appendix A.1, Form P22, section 6 (part) BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

6 A certificate from the chief executive officer under the Vital Statistics Act indicating the results of a search for a wills notice filed by or on behalf of the deceased is attached to this application, and the certificate indicates that

 Appendix A.1, Form P23, sections 5 to 7 BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

5 I am satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents and

[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[  ] no testamentary document of the deceased has been found.

[  ] one or more testamentary documents have been found. I believe that the testamentary document(s) is/are invalid or otherwise not relevant to this application for the following reasons: ...............[briefly state the reasons]............... .

6 I have read the submission for resealing and the other documents referred to in that document and I believe that the information contained in that submission for resealing and those documents is correct and complete.

7 I will administer according to law the deceased's estate to which the submission for resealing relates and I acknowledge that, in doing this, I will be subject to the legal responsibility of a personal representative.

 Appendix A.1, Form P23, sections 8 to 10 were added by BC Reg 250/2021, effective December 1, 2021.

 Appendix A.1, Form P23, section 6 (part) BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

6 A certificate from the chief executive officer under the Vital Statistics Act indicating the results of a search for a wills notice filed by or on behalf of the deceased is attached to this application, and the certificate indicates that

 Appendix A.1, Form P25, Exhibit A BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

This is Exhibit A referred to in the affidavit of
........................................, sworn (or affirmed)
before me on ...............[dd/mmm/yyyy]..............
.........................................................................
A commissioner for taking affidavits for
British Columbia

Statement of Assets, Liabilities and Distribution

Part I
Real Property (including mortgages and vendors' and
purchasers' interests in agreements for sale) within British Columbia
Value at Death
TOTAL
Part II
Personal Property (all assets except real property) within British Columbia
Value at Death
TOTAL
GROSS VALUE OF ESTATE
Part III
Liabilities
Paid or UnpaidValue at Death
TOTAL

 Appendix A.1, Form P25, Part I of Exhibit A BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

Part I
Real Property within British Columbia (including mortgages and vendors' and purchasers' interests in agreements for sale)
Value at Death
List item details and then list secured debt details below those items 
For example:

123 Main Street, Victoria, BC

PID

Legal Description

Market Value

as per 2021 Assessment Notice

Less: Prime Mortgage Company —

Mortgage registered under No. 23456








$1,000,000.00


− $600,000.00











$400,000
TOTAL REAL PROPERTY WITHIN BRITISH COLUMBIA$400,000

 Appendix A.1, Form P26, Exhibit A BEFORE amended by BC Reg 250/2021, effective December 1, 2021.

This is Exhibit A referred to in the affidavit of
........................................, sworn (or affirmed)
before me on ...............[dd/mmm/yyyy]..............
.........................................................................
A commissioner for taking affidavits for
British Columbia

Supplemental Statement of Assets, Liabilities and Distribution

Part I
Real Property (including mortgages and vendors' and
purchasers' interests in agreements for sale) within British Columbia
not disclosed or inaccurately disclosed in any earlier affidavit
Value at Death
TOTAL
Part II
Personal Property (all assets except real property) within British Columbia not
disclosed or inaccurately disclosed in any earlier affidavit
Value at Death
TOTAL 
GROSS VALUE OF ESTATE
Part III
Liabilities not disclosed or inaccurately disclosed in any earlier affidavit
Paid or UnpaidAmount
TOTAL

 Appendix A.1, Form P26, Part I of Exhibit A BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

Part I
Real Property within British Columbia (including mortgages and vendors' and purchasers' interests in agreements for sale)
Value at Death
List item details and then list secured debt details below those items 
For example:

123 Main Street, Victoria, BC

PID

Legal Description

Market Value

as per 2021 Assessment Notice

Less: Prime Mortgage Company —

Mortgage registered under No. 23456








$1,000,000.00


− $600,000.00











$400,000
TOTAL REAL PROPERTY WITHIN BRITISH COLUMBIA$400,000

 Appendix A.1, Form P26, Part I, II and III header rows of Exhibit A BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

Part I
Real Property within British Columbia (including mortgages and vendors' and purchasers' interests in agreements for sale)
Value at Death
Part II
Tangible Personal Property within British Columbia (including vehicles, furniture and other physical items)
Value at Death
Part III
Intangible Personal Property within British Columbia, and Intangible Personal Property outside British Columbia, that is not dealt with by the foreign grant (including bank accounts, intellectual property and other valuable items that cannot be touched by hand)
Value at Death

 Appendix A.1, Form P29, a paragraph was added following the text "in relation to the deceased's estate." by BC Reg 148/2022, effective October 3, 2022.

 Appendix A.1, Form P31 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

THE HONOURABLE JUSTICE ................
or A JUDGE OF THE COURT
or
MASTER ............................................
or A MASTER OF THE COURT

 Appendix A.1, Form P42 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

TAKE NOTICE that an application will be made by the applicant(s) to the presiding judge or master at the courthouse at ......................[address of registry in which the proceeding is being conducted]...................... on ........[dd/mmm/yyyy]........ at .........[time of day]........ for the order(s) set out in Part 1 below.

[Using numbered paragraphs, list the affidavits served with the notice of application and any other affidavits and other documents already in the court file on which the applicant(s) will rely. Each affidavit included on the list must be identified as follows: "Affidavit #........[sequential number, if any, recorded in the top right hand corner of the affidavit]........ of ......................[name]......................, made ........[dd/mmm/yyyy]........".]

Date: .........[dd/mmm/yyyy]................
Date: .........[dd/mmm/yyyy]...........

 Appendix A.1, Form P42, 4 lines of text added before "Part 1: ORDER(S) SOUGHT" by BC Reg 239/2023, effective January 15, 2024.

 Appendix A.1, Form P42, Part 1 BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

PART 1 — ORDER(S) SOUGHT

[Check whichever one or more of the immediately following 4 boxes are correct and, using numbered paragraphs, set out the order(s) that will be sought at the application and indicate against which person(s) the order(s) is(are) sought.]

    [  ] The applicant(s) seek(s) the following order(s) under section 30 of the Wills, Estates and Succession Act:

1

2

    [  ] The applicant(s) seek(s) the following order(s) under section 33 of the Wills, Estates and Succession Act:

1

2

    [  ] The applicant(s) seek(s) the following order(s) under section 58 of the Wills, Estates and Succession Act:

1

2

    [  ] The applicant(s) seek(s) the following order(s) under section 59 of the Wills, Estates and Succession Act:

1

2

 Appendix A.1, Form P42, Part 3 BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

[If any person sues or is sued in a representative capacity, identify the person and describe the representative capacity.]

PART 3 — LEGAL BASIS

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal arguments on which the applicant(s) intend(s) to rely in support of the orders sought. If appropriate, include citation of applicable cases.]

1

2

 Appendix A.1, Form P42, Part 4 text BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

[Check whichever one of the immediately following 2 boxes is correct.]

 Appendix A.1, Form P42, Part 4 text BEFORE struck out by BC Reg 239/2023, effective January 15, 2024.

The applicant(s) estimate(s) that the application will take ...........[time estimate]........... .

    [Check whichever one of the immediately following 2 boxes is correct.]

    [  ] This matter is within the jurisdiction of a master.

    [  ] This matter is not within the jurisdiction of a master.

 Appendix A.1, Form P42 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

TAKE NOTICE that an application will be made by the applicant(s) to the presiding judge or master at the courthouse at ......................[address of registry in which the proceeding is being conducted]...................... on ........[date]........ at .........[time of day]........ for the order(s) set out in Part 1 below.

   [  ] This matter is within the jurisdiction of a master.

   [  ] This matter is not within the jurisdiction of a master.

.......................................................................
Signature of [  ] Judge [  ] Master

 Appendix A.1, Form P43 BEFORE re-enacted by BC Reg 115/2019, effective July 1, 2019.

Form P43 (Rule 25-14 (2) )

No. .....................
................................. Registry

In the Supreme Court of British Columbia

In the Matter of the Estate of ........[legal name of deceased]........, deceased

REQUISITION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[person(s)]......................... (the "applicant(s)")

Required:

The applicant(s) seek(s) the following order(s):

1 [Check whichever one or more of the immediately following 4 boxes are correct and, using numbered paragraphs, set out the order(s) being sought and indicate against which person(s) the order(s) is(are) sought.]

[  ] The applicant(s) seek(s) the following order(s) under section 30 of the Wills, Estates and Succession Act:

1

2

[  ] The applicant(s) seek(s) the following order(s) under section 33 of the Wills, Estates and Succession Act:

1

2

[  ] The applicant(s) seek(s) the following order(s) under section 58 of the Wills, Estates and Succession Act:

1

2

[  ] The applicant(s) seek(s) the following order(s) under section 59 of the Wills, Estates and Succession Act:

1

2

2 Attached to this requisition is a draft of the order required.

3 The evidence in support of the application is ............................................ .

[Complete the following if the filing of this requisition starts a proceeding.]

This requisition is filed by .....................[name]....................., whose address for service is as follows:

[You must set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Street address for service: .......................................................................................................

Fax number address for service (if any): ..............................

E-mail address for service (if any): ......................................

Telephone number: ...............................................................

Date: .........[dd/mmm/yyyy]........................................................................................
Signature of [  ] filing person [  ] lawyer for filing person(s)
........................[type or print name]........................

 Appendix A.1, Form P43 2 lines of text were added above "This proceeding is brought for the relief set out below, by" by BC Reg 239/2023, effective January 15, 2024.

 Appendix A.1, Form P43 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

(1)The address of the registry is:
(2)The ADDRESS FOR SERVICE of the petitioner(s) is: ..........[Set out the street address of the address for service for each petitioner.
One or both of a fax number and an e-mail address may be given as additional addresses for service.
]..........

Fax number address for service (if any) of the petitioner(s):
E-mail address for service (if any) of the petitioner(s):
(3)The name and office address of the petitioner's(s') lawyer is:

 Appendix A.1, Form P43, Parts 1 and 3 BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

Part 1: ORDER(S) SOUGHT

The petitioner(s) seek(s) the following order(s):

1 [Check whichever one or more of the immediately following 4 boxes are correct and, using numbered paragraphs, set out the order(s) being sought and indicate against which person(s) the order(s) is(are) sought.]

[  ] The petitioner(s) seek(s) the following order(s) under section 30 of the Wills, Estates and Succession Act:

1

2

[  ] The petitioner(s) seek(s) the following order(s) under section 33 of the Wills, Estates and Succession Act:

1

2

[  ] The petitioner(s) seek(s) the following order(s) under section 58 of the Wills, Estates and Succession Act:

1

2

[  ] The petitioner(s) seek(s) the following order(s) under section 59 of the Wills, Estates and Succession Act:

1

2

Part 3: LEGAL BASIS

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal bases on which the petitioner(s) intend(s) to rely in support of the orders sought.]

1

2

 Appendix A.1, Form P43, Part 4 (parts) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

[Using numbered paragraphs, list the affidavits served with the petition. Each affidavit included on the list must be identified as follows: "Affidavit #..........[sequential number, if any, recorded in the top right hand corner of the affidavit].......... of ..........[name].........., made ........[dd/mmm/yyyy]........".]

Date: ................[dd/mmm/yyyy].................
Date: .........[dd/mmm/yyyy]...........

 Appendix A.1, Form P43, Part 4 text BEFORE struck out by BC Reg 239/2023, effective January 15, 2024.

The petitioner(s) estimate(s) that the hearing of the petition will take ...........[time estimate]........... .

 Appendix A.1, Form P43 (parts) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

......................................................
Signature of [  ] Judge [  ] Master

 Appendix A.1, Form P44 was enacted by BC Reg 250/2021, effective December 1, 2021.

 Appendix A.1, Form P45 was enacted by BC Reg 250/2021, effective December 1, 2021.

 Appendix A.1, Form P45 title BEFORE amended by BC Reg 148/2022, effective October 3, 2022.

Form P45 (Rule 25-3 (1.1) )

 Appendix A.1, Form P46 was enacted by BC Reg 250/2021, effective December 1, 2021.

 Appendix B, table items 12, 14 and 48 BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

12Process for delivering interrogatoriesMinimum
Maximum
1
10
14Process for delivering notices to admitMinimum
Maximum
1
5
48Travel by a lawyer to attend at any trial, hearing, application, examination, reference, inquiry, assessment, or other analogous proceeding if held more than 40 km from the place where the lawyer carries on business, for each day on which solicitor travels
2

 Appendix B, Item 25 BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

25Reference to, or inquiry, assessment, accounting or hearing before, or on appeal from, a master, registrar or special referee, with or without witnesses and whether before or after judgment, for each day 6

 Appendix C, Schedule 1, table BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

PART 1
Fees Applicable to the Supreme Court
ItemDescriptionFee
($)
Commencing proceedings
1Subject to section 2 (2) of this Schedule, for commencing a proceeding that is not an appeal under Rule 23-6 (8) or an application under section 66, 67, 70, 85 or 77 of the Legal Profession Act200
2For filing a counterclaim or a third party notice200
Responding to proceedings
3Subject to section 2 (2) of this Schedule, for filing a response to civil claim, a response to counterclaim or a response to third party notice25
Application filings
4For filing any one of the following:80
(a) a notice of application;
(b) an appointment for a hearing before a registrar or a special referee but not including a hearing inquiry or reference under the Court Order Enforcement Act;
(c) a requisition for a desk order;
(d) a requisition for a default judgment
5For setting a matter for hearing for which a fee is not payable under this Schedule80
Other filings
6For filing a notice of case planning conference80
7For filing a notice of trial200
Hearings
8For resetting a trial or hearing200
9For each day spent in whole or in part at a hearing, unless the attendance on that day is for reasons for decision only, payable by the party who files the notice of application, appointment or other document by which the hearing was set, unless the court orders payment by another partyFor the first 3 days: 0
For each of the 4th to 10th days: 500
For each day over 10: 800
10For each day spent in whole or in part at trial, unless the attendance on that day is for judgment only, payable by the party who files the notice of trial, unless the court orders payment by another partyFor the first 3 days: 0
For each of the 4th to 10th days: 500
For each day over 10: 800
Room Rentals
11For rental of examination for discovery room100 per day
Execution
12For filing a caveat, a citation, a garnishing order, a writ of execution or a subpoena to debtor80
Documents
13For taking or swearing an affidavit for use in the court unless40
(a) the person swearing the affidavit does so in the course of his or her duties as a peace officer or as an agent or officer of the government, or
(b) provision is made elsewhere for a fee for that service
14For a search of a record, other than8
(a) an electronic search conducted from outside the registry, or
(b) a search of a record of a proceeding by
(i) a party to that proceeding,
(ii) a party's lawyer, or
(iii) an official reporter who, or a representative of a transcription firm that, is retained by a party to produce a transcript of the proceeding
15For returning by mail, fax or electronic mail the results of a search of a record10
16For accessing, without purchase, from outside the registry, including, without limitation, viewing, printing or downloading, any document that is found by or created in response to an electronic search or request, including, without limitation, an index of cases produced in response to a search query6
17For accessing any document referred to in Item 16 and purchasing that document10
18For copies, per page1
19For40
(a) a certified copy of a document
(b) issuing a certificate of judgment
(c) issuing a certificate of pending litigation or other certificate not otherwise provided for
(d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page
20For returning by mail or by fax a confirmation of filing or rejection of a document submitted by fax to a registry10
PART 2
Fees Applicable to the Court of Appeal
ItemFee
($)
21For filing a notice of appeal or a notice of an application for leave to appeal291
22For filing an application to be heard by a Justice of the Court of Appeal excluding an application for leave to appeal104
23For filing an application to be heard by 3 or more justices if the application is not returnable to the hearing of the appeal208
24For filing a certificate of readiness291
25For filing a book of authorities, other than a book of authorities filed jointly by 2 or more counsel of record52
26For each half day spent in whole or in part on the hearing of an appeal, unless the hearing is for judgment only, payable by the party who files the certificate of readiness, unless the court orders payment by another party156
27For filing any appointment for a hearing before a registrar52
28For a registrar's hearing, unless the hearing is for reasons for decision only, payable by the party who files the appointment unless the court or registrar orders payment by another party
(a) if the time spent on the hearing is more than 1/2 day but not more than one day78
(b) if the time spent on the hearing is more than one day
(i) for each of the first 4 days spent, in whole or in part, on the hearing156
(ii) for each additional day spent after the first 4 days, in whole or in part, on the hearing208
(iii) for each additional day spent after the first 10 days, in whole or in part, on the hearing312
29For taking or swearing an affidavit for use in the court unless31
(a) the deponent swears the affidavit in the course of his or her duties as a peace officer or as an agent or officer of the Province,
(b) the affidavit is sworn for the purpose of enforcing a maintenance or support order, or
(c) provision is made elsewhere for a fee for that service
30For a search of a record, other than8
(a) an electronic search conducted from outside the registry, or
(b) a search of a record of a proceeding by
(i) a party to that proceeding,
(ii) a party's solicitor, or
(iii) an official reporter who, or a representative of a transcription firm that, is retained by a party to produce a transcript of the proceeding
31For returning by mail, fax or electronic mail the results of a search of a record, the aggregate of the following:
(a) fee for returning the results10
(b) cost per page faxed1
32For accessing from outside the registry, including, without limitation, viewing, printing or downloading, any record that is found by or created in response to an electronic search or request, including, without limitation, an index of cases produced in response to a search query6
33For copies, per page1
34For
(a) a certified copy of a document of record
(i) for 10 pages or less31
(ii) for each additional page over 10 pages, per page6
(b) issuing a certificate of judgment31
(c) issuing a certificate of pending litigation or other certificate not otherwise provided for31
(d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page3.50
35For each payment into or out of court, except in a proceeding to which Item 21 applies42

Despite anything in Part 2 of this Schedule, if, after consultation with the Chief Justice of British Columbia, the Crown enters into an agreement with a person under which the person is authorized to access one or both of registry records and specified registry services and is exempted from payment of any or all of the fees provided under Items 30, 31, 32 and 33 for such access, the person may, on payment of any fee required under the agreement and on compliance with any other terms and conditions imposed by the agreement, access, during the term of the agreement, the registry records and registry services to which the agreement applies without payment of the fees from which the person is exempted under the agreement.

 Appendix C, Schedule 1, table item 1 BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

1Subject to section 2 (2) of this Schedule, for commencing a proceeding that is not an appeal under Rule 23-6 (8) or an application under section 66, 67, 70, 85 or 77 of the Legal Profession Act200

 Appendix C, Schedule 1, table item 5 BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

5For setting a matter for hearing for which a fee is not payable under this Schedule80

 Appendix C, Schedule 1, table item 19 (a) BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

19(a) a certified copy of a document40

 Appendix C, Schedule 1, table item 12 BEFORE amended by BC Reg B.C. Reg. 149/2013 effective March 31, 2014.

12For filing a caveat, a citation, a garnishing order, a writ of execution or a subpoena to debtor80

 Appendix C, Schedule 1, table item 1 BEFORE amended by BC Reg 90/2014, effective May 26, 2014.

1Subject to section 2 (2) of this Schedule, for commencing a proceeding that is not an appeal under Rule 23-6 (8) or an application under section 66, 67, 70, 85 or 77 of the Legal Profession Act
No fee is payable under this item to file for and obtain a grant of probate or administration if a person dies leaving an estate that does not exceed $25 000 in value
200

 Appendix C, Schedule 1, table item 4 BEFORE amended by BC Reg 90/2014, effective May 26, 2014.

4For filing any one of the following:80
(a) a notice of application;
(b) an appointment for a hearing before a registrar or a special referee but not including a hearing, inquiry or reference under the Court Order Enforcement Act;
(c) a requisition for a desk order;
(d) a requisition for a default judgment

 Appendix C, Schedule 1, table items 5 and 13 BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

5For setting a matter for hearing for which a fee is not payable under this Schedule
No fee is payable under this item to set a matter for hearing by notice of hearing of petition, notice of hearing of appeal or notice of hearing of stated case
80
13For taking or swearing an affidavit for use in the court unless
(a) the person swearing the affidavit does so in the course of his or her duties as a peace officer or as an agent or officer of the government, or
(b) provision is made elsewhere for a fee for that service
40

 Appendix C, Schedule 2, table BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Schedule 2

Fees Payable to the Sheriff

ItemDescriptionFee
($)
1For service
(a) receiving, filing, serving on one person and returning any process together with an affidavit of service or attempted service100
(b) each additional party served at the same address20
(c) each additional party served not at the same address30
2Non-refundable deposit for civil jury trial1 000
3For arrest or execution on goods and chattels
(a) for every arrest, execution or similar writ or order120
(b) for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved60
(c) as commission on the sum realized, or on the sum settled for, as the case may be, net of disbursements properly incurred
(i) if that net sum is $10 000 or less10%
(ii) if that net sum is more than $10 000 but is less than $100 000$1 000 plus 2 1/2% on the amount in excess of $10 000
(iii) if that net sum is $100 000 or over$3 250 plus 1% on the amount in excess of $100 000
(d) the amount of the commission payable under paragraph (c) must be reduced by 50% if an auctioneer, broker or other individual sells the goods and chattels for the sheriff and receives a fee or commission for doing so120
4For lien and recovery actions
(a) executing a lien other than a repairer's lien or for recovering specific property other than land if the execution or recovery is accomplished in whole or in part175
(b) attending, investigating, inventorying, cataloguing, taking possession, per hour for each sheriff involved60
5For sale or possession of land
(a) for executing an order for sale or possession of land, in part or in whole150
(b) for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved45
(c) as commission on the sum realized, or on the sum settled for, as the case may be, net of disbursements properly incurred
(i) if that net sum is $10 000 or less10%
(ii) if that net sum is more than $10 000 but is less than $100 0000$1 000 plus 2 1/2% on the amount in excess of $10 000
(iii) if that net sum is $100 000 or over$3 250 plus 1% on the amount in excess of $100 000
6For arrest of ships
(a) for every warrant or order to arrest a ship, including release175
(b) for attending, investigating, inventorying, cataloguing, taking and maintaining possession, preparing for sale, per hour for each sheriff involved60
7For a search made by a sheriff including the certificate of result10
8For taking or swearing an affidavit for use in the court unless the person swearing the affidavit does so in the course of his or her duties as a peace officer or as an agent or officer of the government30
9In respect of each of the foregoing items except item 1, the sheriff must be paid 45¢ for each kilometre traveled
10For each of the foregoing items, all disbursements properly incurred

 Appendix C, Schedule 2, table items 3 (a) and (b) BEFORE amended by BC Reg 125/2020, effective October 1, 2020.

3(a) for every arrest, execution or similar writ or order
(b) for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved
120

75

 Appendix C, Schedule 2, table item 5 (b) BEFORE amended by BC Reg 125/2020, effective October 1, 2020.

5(b) for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved
60

 Appendix C, Schedule 2, table item 8 BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

8For taking or swearing an affidavit for use in the court unless the person swearing the affidavit does so in the course of his or her duties as a peace officer or as an agent or officer of the government30

 Appendix C, Schedule 3, section 2 (1) (a) and (b) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(a) within 200 km by road (including any ferry route within the Provincial road system) of where the witness resides, 30¢ per km each way by road between his or her residence and the place of examination, hearing or trial; but no travel allowance will be made if the distance by road between that residence and the place of examination, hearing or trial is less than 8 km, or

(b) more than 200 km from where the witness resides, the minimum return air fare by scheduled airline plus 30¢ per km each way from his or her residence to the departure airport and from the arrival airport to the place of examination, hearing or trial.

 Appendix C, Schedule 4, table BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

ItemDescriptionFee
($)
Commencing proceedings
1Subject to section 2 (2) of Schedule 1, for commencing a proceeding that is not an appeal under Rule 23-6 (8) or an application under section 66 67, 70, 85 or 77 of the Legal Profession Act200
2For filing a counterclaim or a third party notice200
Responding to proceedings
3Subject to section 2 (2) of Schedule 1, for filing a response to civil claim, a response to counterclaim or a response to third party notice25
Application filings
4For filing any one of the following:80
(a) a notice of application;
(b) an appointment for a hearing before a registrar or a special referee but not including a hearing inquiry or reference under the Court Order Enforcement Act;
(c) a requisition for a desk order;
(d) a requisition for a default judgment
5For setting a matter for hearing for which a fee is not payable under this Schedule80
Other filings
6For filing a notice of case planning conference80
7For filing a notice of trial200
Hearings
8For resetting a trial or hearing200
9For each day spent in whole or in part at a hearing, unless the attendance on that day is for reasons for decision only, payable by the party who files the notice of application, appointment or other document by which the hearing was set, unless the court orders payment by another partyFor the first 3 days: 0
For each of the 4th to 10th days: 500
For each day over 10: 800
10For each day spent in whole or in part at trial, unless the attendance on that day is for judgment only, payable by the party who files the notice of trial, unless the court orders payment by another partyFor the first 3 days: 0
For each of the 4th to 10th days: 500
For each day over 10: 800
Room Rentals
11For rental of examination for discovery room100 per day
Execution
12For filing a caveat, a citation, a garnishing order, a writ of execution or a subpoena to debtor80
Documents
13For taking or swearing an affidavit for use in the court unless40
(a) the person swearing the affidavit does so in the course of his or her duties as a peace officer or as an agent or officer of the government, or
(b) provision is made elsewhere for a fee for that service
14For a search of a record, other than8
(a) an electronic search conducted from outside the registry, or
(b) a search of a record of a proceeding by
(i) a party to that proceeding,
(ii) a party's lawyer, or
(iii) an official reporter who, or a representative of a transcription firm that, is retained by a party to produce a transcript of the proceeding
15For returning by mail, fax or electronic mail the results of a search of a record10
16For accessing, without purchase, from outside the registry, including, without limitation, viewing, printing or downloading, any document that is found by or created in response to an electronic search or request, including, without limitation, an index of cases produced in response to a search query6
17For accessing any document referred to in Item 16 and purchasing that document10
18For copies, per page1
19For40
(a) a certified copy of a document
(b) issuing a certificate of judgment
(c) issuing a certificate of pending litigation or other certificate not otherwise provided for
(d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page
20For returning by mail or by fax a confirmation of filing or rejection of a document submitted by fax to a registry10

 Appendix C, Schedule 4, table item 1 BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

1Subject to section 2 (2) of this Schedule, for commencing a proceeding that is not an appeal under Rule 23-6 (8) or an application under section 66, 67, 70, 85 or 77 of the Legal Profession Act200

 Appendix C, Schedule 4, Table, item 5 BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

5For setting a matter for hearing for which a fee is not payable under this Schedule80

 Appendix C, Schedule 4, Table, item 19 (a) BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

19(a) a certified copy of a document40

 Appendix C, Schedule 4, table item 12 BEFORE amended by BC Reg B.C. Reg. 149/2013 effective March 31, 2014.

12For filing a caveat, a citation, a garnishing order, a writ of execution or a subpoena to debtor80

 Appendix C, Schedule 4, table item 1 BEFORE amended by BC Reg 90/2014, effective May 26, 2014.

1Subject to section 2 (2) of this Schedule, for commencing a proceeding that is not an appeal under Rule 23-6 (8) or an application under section 66, 67, 70, 85 or 77 of the Legal Profession Act
No fee is payable under this item to file for and obtain a grant of probate or administration if a person dies leaving an estate that does not exceed $25 000 in value
200

 Appendix C, Schedule 4, table item 1 BEFORE amended by BC Reg 90/2014, effective May 26, 2014.

4For filing any one of the following:80
(a) a notice of application;
(b) an appointment for a hearing before a registrar or a special referee but not including a hearing, inquiry or reference under the Court Order Enforcement Act;
(c) a requisition for a desk order;
(d) a requisition for a default judgment

 Appendix C, Schedule 4, table item 1 BEFORE amended by BC Reg 104/2019, effective July 1, 2019.

1Subject to section 2 (2) of this Schedule, for commencing a proceeding that is not an appeal under Rule 23-6 (8), an application under section 66, 67, 70, 77 or 85 of the Legal Profession Act or under Rule 20-6 (3)
No fee is payable under this item to file for and obtain a grant of probate or administration if a person dies leaving an estate that does not exceed $25 000 in value
200

 Appendix C, Schedule 4, Table, item 13 BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

13For taking or swearing an affidavit for use in the court unless
(a) the person swearing the affidavit does so in the course of his or her duties as a peace officer or as an agent or officer of the government, or
(b) provision is made elsewhere for a fee for that service
40