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B.C. Reg. 169/2009
O.C. 303/2009
Deposited July 7, 2009
effective July 1, 2010
This consolidation is current to January 31, 2023.
See “Amendments Not in Force” for amendments
effective after January 31, 2023.
Link to consolidated regulation (PDF)
Link to Point in Time

Court Rules Act

Supreme Court Family Rules

[Last amended November 25, 2022 by B.C. Reg. 236/2022]

Part 1 — Interpretation
Rule 1-1 — Interpretation
(1) Definitions
(2) Interpretation Act and Supreme Court Act
(3) Titles and headings
(4) Reference aids
Rule 1-2 — Citation and Application
(1) Citation
(2) Rules apply to all family law cases
(3) Waiver of rule by agreement
Rule 1-3 — Object of Rules
(1) Object
(2) Proportionality
Part 2 — Resolving Cases by Agreement
Rule 2-1 — Agreements
(1) Written agreements
(2) Filing agreements under the Family Law Act
(3) Enforcing agreements
Rule 2-1.1 — Determinations of Parenting Coordinators
(1) Determination may be filed
(2) Agreement must be filed
(3) Filing determinations under the Family Law Act
Rule 2-1.2 — Arbitration Awards
(1) Arbitration awards may be filed
(2) Filing arbitration awards
Rule 2-2 — Joint Family Law Case
(1) Joint family law case
(2) Notice of family claim in joint family law case
(3) Withdrawal from joint family law case
(4) Claiming additional relief
(5) Application of rules
Rule 2-2.1 — Civil Marriage Act (Canada)
(1) Application under Part 2 of the Civil Marriage Act (Canada)
(2) What to file
(3) Certificate
Part 3 — How to Start and Defend a Family Law Case
Rule 3-1 — Choosing the Correct Form of Proceeding
(1) Commencing family law cases by notice of family claim
(2) Repealed
(2.1) Joint family law case
(2.2) When petition must be used
(2.3) Order for declaration of parentage
(2.4) When petitions or applications must be used
(3) Petitions
(4) Applications and petitions
(4.1) Filing agreements under the Family Law Act
(4.2) Style of proceedings if filing of agreement starts family law case
(4.3) Filing determinations of parenting coordinators
(4.4) Filing a requisition to appoint a litigation representative
(4.5) Filing arbitration awards under the Family Law Act
(4.6) Style of proceedings if filing of arbitration award starts family law case
(5) Joining claims and parties
Part 4 — Family Law Cases Started by Filing a Notice of Family Claim
Rule 4-1 — Notice of Family Claim
(1) Notice of family claim
(2) Service
Rule 4-2 — Serving and Renewing the Notice of Family Claim
(1) Renewal of original notice of family claim
(2) Further renewal of notice of family claim
(3) When renewal period begins
(4) After renewal of notice of family claim
Rule 4-3 — Responding to a Notice of Family Claim
(1) Filing a response to family claim
(2) No notice of hearing if no response to family claim
Rule 4-4 — Counterclaim
(1) Counterclaim
(2) Form of counterclaim
(3) Counterclaim may include claims against persons other than the claimant
(4) Service required
(5) Parties against whom relief is sought must respond
(6) No notice of hearing if no response to counterclaim
(7) If family law case stayed or discontinued
(7.1) Separate trial of counterclaim
(8) Judgment
Rule 4-5 — Other Rules about Notice of Family Claim Cases
(1) Person allegedly involved in adultery
(2) Marriage certificate to be filed
(3) Withdrawal
Rule 4-6 — Pleadings Generally
(1) Inconsistent allegations
(2) Alternative allegations
(3) Order for particulars
(4) Demand for particulars
(5) Demand for particulars not a stay of proceedings
Part 5 — Financial Disclosure
Rule 5-1 — Financial Disclosure
(1) Interpretation
(2) Application of this rule
(3) Numbering applicable income documents
(4) Who must provide Part 1 of a Form F8 financial statement
(5) Who must provide Parts 2 and 3 of a Form F8 financial statement
(6) If special or extraordinary expenses are claimed
(7) If undue hardship is claimed
(8) Agreement avoids need for documents
(9) Who must provide income documents
(10) Who must provide Part 3 of a Form F8 financial statement
(11) When party must file and serve documents
(12) Assessment notice to be included
(13) Particulars may be demanded
(14) Court may order particulars
(15) Information must be kept current
(16) Additional documents
(17) If written statement or particulars provided
(18) Updated statements
(19) Production of documents
(20) Responding to demand
(21) Request to corporation, partnership or proprietorship
(22) Production required
(23) Application to court for directions
(24) Application to court for exemption
(25) Application by person authorized
(26) Court may order exemption
(27) Costs
(28) Relief
(29) Confidentiality
(30) Sealing of financial information
(31) Child support guidelines prevail
(32) No conflict
Part 6 — Service
Rule 6-1 — Address for Service
(1) Party must have address for service
(2) Additional addresses for service
(3) Change of address for service
Rule 6-2 — Ordinary Service
(1) Documents normally to be served by ordinary service
(2) How to serve documents by ordinary service
(3) When service by delivery is deemed to be completed
(4) When service by mail is deemed to be completed
(5) When documents may be served by fax
(6) When service by fax or e-mail is deemed to be completed
(7) If no address for service given
Rule 6-3 — Personal Service
(1) When documents must be served by personal service
(2) How to serve documents by personal service
(3) Service on Attorney General
(4) When personal service is deemed to be completed
(5) Date of deemed service
Rule 6-4 — Alternative Methods of Service
(1) Alternative service methods
(2) If an alternative service method is permitted
(3) Service by advertisement
Rule 6-5 — Service Outside British Columbia
(1) Service outside British Columbia without leave
(2) Application for leave to serve outside the jurisdiction
(3) Applications may be made without notice
(4) Service of order and related documents
(5) If service without leave valid
(6) Contract containing terms for service
(7) Contract does not invalidate effective service
(8) Definition
(9) Manner of service abroad
(10) Proof of service abroad
(11) Forms
(12) Certificate
Rule 6-6 — Proving Service
(1) Proof of service
(2) Proof of service by sheriff
(3) Service on member of Canadian Armed Forces
(4) Admissibility of other evidence of service
Rule 6-7 — Relief
(1) If service is alleged to be ineffective
Part 7 — Conferences
Rule 7-1 — Judicial Case Conference
(1) Requesting a judicial case conference
(2) Requirement to hold judicial case conference
(3) Applications that may be brought before a judicial case conference
(4) Court may relieve party from requirement of subrule (2)
(5) How to apply for relief
(6) Powers of the court
(7) How to request a judicial case conference
(8) What must be served if judicial case conference is requested
(9) Court may require a judicial case conference
(10) Form F8 financial statement must be filed before judicial case conference
(11) Other parties must file and serve Form F8 financial statement
(12) Judicial case conference must be conducted by judge or master
(13) Who must attend the judicial case conference
(14) Absent parties must be available and accessible by telephone or other means
(15) What happens at the judicial case conference
(16) Non-attendance at judicial case conference
(17) Judge or master may be seized of further applications
(18) Other judges or masters may hear applications
(19) Proceedings must be recorded
Rule 7-2 — Settlement Conferences
(1) Settlement conference
(2) Proceedings must be recorded
(3) When judge must not preside
Part 8 — Amendment of Documents and Change of Parties
Rule 8-1 — Amendment of Pleadings
(1) When pleading may be amended
(2) How amendments made
(3) Identifying amendments
(4) Service of amended pleadings
(5) Response of a party to amended pleading
(6) Failure to serve amended responding pleading
(7) Responding to amended pleading
(8) Amendment at trial
Rule 8-2 — Change of Parties
(1) Party ceasing to exist
(2) Effect of death
(3) Assignment or conveyance of interest
(4) Change or transmission of interest or liability
(5) Prosecution of family law case if claimant or petitioner dies
(6) Costs on dismissal
(7) Adding, removing or substituting parties by order
(8) Procedure if person added, removed or substituted as named party by order
(9) Consent required
(10) Effect of order
(11) Application without notice
Part 9 — Procedures for Obtaining Information and Documents
Rule 9-1 — Discovery and Inspection of Documents
(1) List of documents
(2) Documents to be enumerated
(3) Claim for privilege
(4) Nature of privileged documents to be described
(5) Affidavit verifying list of documents
(6) Amending the list of documents
(7) Party may demand documents required under this rule
(8) Party may demand additional documents
(9) Response to demand for documents
(10) Application for production of documents
(11) Court may alter requirements
(12) Inspection of documents
(13) Copies of documents
(14) Order to produce document
(15) Documents not in possession of party
(16) Order by consent
(17) Inspection of document by court
(18) Party may not use document
(19) Determination of issue before discovery
Rule 9-2 — Examinations for Discovery
(1) Examination of parties
(2) Limitations
(3) Considerations of the court
(4) Oral examination on oath
(5) Examination of party that is not an individual
(6) Examination of person for whose benefit family law case brought
(7) Examination of guardian and infants
(8) Examination of mentally incompetent person
(9) Examination of bankrupt
(10) Place
(11) Examination before reporter
(12) Service of notice
(13) Person must attend examination
(14) Fees must not be attached
(15) Production of documents
(16) Examination and re-examination
(17) Scope of examination
(18) Person must inform self
(19) Response may be provided by letter
(20) If letter provided
(21) Objections
(22) How recorded
(23) Application to persons outside British Columbia
(24) Service of order and notice
Rule 9-3 — Discovery by Interrogatories
(1) Party may serve interrogatories by consent or with leave
(2) If a party is a body of persons
(3) Powers of court
(4) Timing of answer to interrogatories
(5) If more than one person to answer interrogatories
(6) Objection to answer interrogatory
(7) Insufficient answer to interrogatory
(8) Application to strike out interrogatory
(9) Service of interrogatories on lawyer
(10) Lawyer must inform
(11) Continuing obligation to answer
Rule 9-4 — Pre-Trial Examination of Witness
(1) Order for examination
(2) Expert
(3) Affidavit in support of application
(4) Application procedure
(5) Subpoena
(6) Identification of documents and objects
(7) Notice of examination
(8) Mode of examination
(9) Time for examination
(10) Application of examination for discovery rules
Rule 9-5 — Physical Examination and Inspection
(1) Order for medical examination
(2) Subsequent examinations
(3) Questions by examiner
(4) Order for inspection and preservation of property
(5) Entry on land or building
(6) Application to persons outside British Columbia
Rule 9-6 — Admissions
(1) Notice to admit
(2) Effect of notice to admit
(3) Copy of document to be attached
(4) Unreasonable refusal to admit
(5) Withdrawal of admission
(6) Application for order on admissions
Rule 9-7 — Depositions
(1) Examination of person
(2) Examination of person
(3) Grounds for order
(4) Time limits
(5) Subpoena
(6) Identification of documents and objects
(7) Place of examination
(8) Application of rule outside British Columbia
(9) If person willing to testify
(10) If person not willing to testify
(11) Letter of request
(12) Filing of undertaking
(13) Notice of examination
(14) Mode of examination
(15) Objection to question
(16) Recording of deposition evidence
(17) Preserving testimony
Part 10 — Obtaining Orders Other Than at Trial
Division 1 — Procedure and Affidavits
Rule 10-1 — Choosing the Appropriate Procedure
(1) Application procedure
(2) Applications for final orders in undefended family law cases
(3) Applications for final orders in defended family law cases
Rule 10-2 — Place Application Is Heard
(1) Place of hearing of application
(2) If more than one place
(3) If place of hearing is a place other than that at which the family law case is being conducted
(4) Place of hearing of application with leave of registrar
(5) Notice of application must be endorsed to reflect grant of leave
(6) If place of hearing is a place chosen with leave of registrar
(7)-(8) Repealed
Rule 10-3 — Chambers Proceedings
(1) Definition
(2) Failure of party to attend
(3) Reconsideration of order
(4) Evidence on an application
(5) Hearing of application in public
(6) Adjournment of application if applications not heard on date set
(7) Power of the court
(8) Powers of court if notice not given
(9) Urgent chambers proceeding
(10) Adjournment
(11) Notes of applications
Rule 10-4 — Affidavits
(1) Affidavit to be filed
(2) Form and content of affidavit
(3) Identifying affidavits
(4) Making affidavit
(5) Statement to be signed
(6) Statement if person swearing or affirming the affidavit unable to read
(7) Interpretation to person swearing or affirming the affidavit who does not understand English
(8) Exhibit to be marked
(9) Exhibits referred to in affidavits
(10) Numbering exhibit pages
(11) Alterations to be initialled
(12) Limitation on contents of affidavit
(13) Exception
(14) Use of defective affidavit
(15) Affidavit made before proceeding started
(16) Affidavit of patient under the Patients Property Act
Division 2 — Usual Application Procedure
Rule 10-5 — Application Procedure
(1) How applications are to be brought
(2) Applications brought under this Part
Rule 10-6 — Usual Application Procedure
(1) Definitions
(2) Notice of application
(3) Contents of notice of application
(4) Date and time of hearing
(5) Date and time if hearing time more than 2 hours
(6) Service of application materials
(7) Service requirements
(8) Application response
(8.1) Time for filing and service
(9) Contents of application response
(10) Address for service
(11) Repealed
(12) Applicant may respond
(13) No additional affidavits
(14) Application record
(15) Service of application record index
(16) If application respondent's application is to be heard at the hearing
(17) Application record to be returned
(18) Application record to be returned to the registry
(19) Provision of amended application record
(19.1) Resetting adjourned applications
(20) Application respondent may apply for directions
Rule 10-7 — Consent Applications
(1) How consent applications are to be brought
(1.1) Consent applications under this Part
(2) Consent order
(3) Disposition of referred applications
Rule 10-8 — Applications of Which Notice Is Not Required
(1) Application of which notice is not required
(2)-(3) Repealed
Rule 10-9 — Urgent Applications
(1) Short notice
(2) How to make a short notice application
(3) Normal time and notice rules do not apply
(4) Powers of court on short notice application
(5) Effect of short notice order
(6) Orders without notice
(7) Service of orders required
(8) Setting aside orders made without notice
Division 3 — Procedure for Applications for Final Orders
Rule 10-10 — Final Orders in Undefended Family Law Cases
(1) How to bring applications for judgment in undefended family law case
(2) How to bring applications by requisition
(3) When proof of service is not required
(4) Evidence in undefended family law case if divorce sought
(5) Powers of court on application
Rule 10-11 — Final Orders in Defended Family Law Cases
(1) Final orders in defended family law cases
Part 11 — Pre-Trial Resolution Procedures
Rule 11-1 — Offers to Settle
(1) Definition
(2) Offer not to be disclosed
(3) Offer not an admission
(4) Offer may be considered in relation to costs
(5) Cost options
(6) Considerations of court
(7) Counter offer
Rule 11-2 — Striking Documents
(1) Scandalous, frivolous or vexatious matters
(2) Admissibility of evidence
(3) Powers of registrar
(4) Reconsideration of order
Rule 11-3 — Summary Trial
(1) Definition
(2) Application
(3) When application must be heard
(4) Setting application for hearing
(5) Evidence on application
(6) Application of Rule 14-7
(7) Application of Rules 13-6 and 13-7
(8) Filings with application
(9) Notice of evidence to be used on application
(10) Giving notice
(11) Adjournment or dismissal
(12) Preliminary orders
(13) Ancillary or preliminary orders may be made at or before application
(14) Judge not seized of application
(15) Judgment
(16) No further application without leave
(17) Orders
(18) Right to vary or set aside order
Rule 11-4 — Discontinuance and Withdrawal
(1) Discontinuance before family law case set for trial
(2) Discontinuance after family law case set for trial
(3) Withdrawal by respondent
(4) Costs and default procedure on discontinuance or withdrawal
(5) Some costs remain recoverable
(6) Proceeding after response is withdrawn
(7) Discontinuance not a defence
(8) Application to counterclaim and petition
Part 12 — Property and Injunctions
Rule 12-1 — Detention, Preservation and Recovery of Property
(1) Property that is the subject matter of a family law case
(2) Fund that is the subject matter of a family law case
(3) Allowance of income from property
(4) Recovery of specific property
(5) Compensation for wrongful recovery
Rule 12-2 — Receivers
(1) Appointment of receiver
(2) Form of security
(3) Remuneration of receiver
(4) Accounts of receiver
Rule 12-3 — Interpleader
(1) Entitlement to relief by way of interpleader
(2) Claim to real or personal property taken by sheriff
(3) Sheriff to deliver notice
(4) If claim admitted
(5) Sheriff may apply for interpleader relief
(6) Mode of application
(7) Affidavit
(8) Application for interpleader relief
(9) Powers of court on hearing application
Rule 12-4 — Injunctions
(1) Applications for pre-trial injunctions
(2) Applications for pre-trial injunctions before family law case started
(3) Applications for interim injunctions without notice
(4) Injunction by court order
(5) Undertaking as to damages
(6) Application for injunction after judgment
Part 13 — Court Ordered Reports and Expert Witnesses
Rule 13-1 — Court Ordered Reports under Section 211 of the Family Law Act
(1) Report must include address for service
(2) Permission required to call person who prepares court-ordered report
Rule 13-2 — Duty of Expert Witnesses
(1) Duty of expert witness
(2) Advice and certification
Rule 13-3 — Appointing Joint Expert Witnesses
(1) Definition
(2) Joint appointment on financial issues
(3) Other appointments on non-financial issues
Rule 13-4 — Jointly Appointed Experts
(1) Matters to be settled prior to appointment
(2) Appointment agreement
(3) Application to court
(4) Order
(5) Role of expert appointed under this rule
(6) Notice of application
(7) Additional experts
(8) Considerations
(9) Cooperation required
(10) Cross-examination
Rule 13-5 — Appointment of Court's Own Expert
(1) Appointment of experts by court
(2) Materials required by court
(3) Court may name different expert
(4) Expert must consent
(5) What court may consider
(6) Previous report not a bar
(7) Consequences of court appointment
(8) Directions to expert
(9) Contents of order appointing expert
(10) Remuneration of expert
(11) Security for remuneration
(12) Report
(13) Report must be introduced as evidence
Rule 13-6 — Expert Reports
(1) Requirements for report
(2) Proof of qualifications
(3) Service of report
(4) Service of responding report
(5) Supplementary report of joint or court-appointed expert
(6) Supplementary report of own expert
(7) Requirements for supplementary report
(8) Production of documents
(9) Notice of trial date to expert
(10) Notice of objection to expert opinion evidence
(11) When objection not permitted
Rule 13-7 — Expert Opinion Evidence at Trial
(1) Admissibility
(2) When report stands as evidence
(3) Cross-examination of expert
(4) Costs of cross-examination
(5) Restrictions on calling expert as witness at trial
(6) When court may dispense with requirement of this Part
Part 14 — Trial Rules
Division 1 — Application
Rule 14-1 — Application
(1) Application
Division 2 — Setting a Family Law Case for Trial
Rule 14-2 — How to Set Trial for Hearing
(1) Notice of trial
(2) Content of notice of trial
(3) Registry
(4) Place of trial
(5) When notice of trial must be served
(6) If trial date unacceptable
(7) Time of trial
(8) Court may make orders respecting trial dates
(9) Duty to inform registry
Rule 14-3 — Trial Management Conference
(1) Date for trial management conference
(2) Trial management conference must be conducted by judge
(3) Trial brief required
(4) Who must attend the trial management conference
(5) Non-attendance at trial management conference
(6) Absent parties must be available and accessible by telephone or other means
(7) Application must be made by requisition
(8) Proceedings must be recorded
(9) Orders at a trial management conference
(10) When approval in writing by lawyer not required
(11) Prohibited orders
Rule 14-4 — Trial Record
(1) Trial record for the court
(2) Powers of registrar respecting trial records
(3) Filing and service of trial record
(4) Amended trial record
(5) When certificate required
(6) Direction as to trial record
Rule 14-5 — Trial Certificate
(1) Trial certificate
(2) When trial certificate must be filed
(3) What trial certificate must contain
(4) Service
(5) Failure to file
(6) Applications prohibited
Division 3 — Conduct of Trial
Rule 14-6 — Mode of Trial
(1) Trial without jury
(2) Trial of one question before others
Rule 14-7 — Evidence and Procedure at Trial
(1) Application
(2) Court may vary order
(3) Failure to prove a material fact
(4) No evidence application
(5) Respondent need not elect whether to call evidence
(6) Insufficient evidence application
(7) Respondent must elect not to call evidence
(8) Notice to produce
(9) Numbering exhibit pages
(10) Opportunity to inspect exhibit
(11) Registrar to take charge of exhibits
(12) Return of exhibits
(13) Other returns
(14) Disposal of exhibits after final disposition
(15) Notice respecting disposal of exhibits before final disposition
(16) Disposal of exhibits before final disposition
(17) If exhibit disposed of
(18) If exhibit destroyed
(19) "Adverse party" defined
(20) Adverse witness
(21) Notice to call adverse witness
(22) Exceptions
(23) Application to set notice aside
(24) Court may make order
(25) Refusal to comply with notice
(26) Adverse party as witness may be cross-examined
(27) Witness to testify orally
(28) Witness must be listed in witness list
(29) Examination of witnesses
(30) Any party may contradict testimony
(31) Party may prepare and serve subpoena
(32) Form of subpoena
(33) Subpoena not to be filed or sealed
(34) Service of subpoena
(35) Fees to accompany subpoena
(36) Production of documents and physical objects
(37) Order for attendance of witness in custody
(38) Failure of witness to attend or remain in attendance
(39) Order setting aside subpoena
(40) Use of deposition evidence
(41) Use of videotape or film
(42) Certified transcript
(43) Video recording of deposition evidence
(44) Video recording of evidence becomes exhibit
(45) Deposition to be given in full
(46) Persons against whom discovery evidence is admissible
(47) Notice required of evidence
(48) Attendance at trial may be required
(49) Court may consider whole examination
(50) Discovery evidence of person under disability
(51) Transcripts of discovery evidence
(52) Use of pre-trial examination of a witness
(53) Court may consider whole pre-trial examination
(54) Use of transcript of other proceedings
(55) Transcript for the court
(56) Objection to transcript evidence at trial
(57) Custody of transcripts
(58) Use of interrogatories at trial
(59) Affidavit evidence
(60) Copy of affidavit must be furnished
(61) Cross-examination
(62) Court may extend or abridge time to require witness attendance
(63) Contents
(64) Cross-examination not limited
(65) Costs where attendance unnecessary
(66) Trial with assessor
(67) Trial of one question before others
(68) Trial by different modes of trial
(69) Calculation of amount by officer of the court
(70) Use of recording device
(71) Evidence of particular facts
(72) Order of speeches
(73) Court may make order respecting submissions
(74) Clerk to note time of trial
(75) Failure of all parties to appear at trial
(76) Failure of one party to appear at trial
(77) Court may set aside judgment
Part 15 — Court Orders and Their Enforcement
Rule 15-1 — Orders
(1) Form of order
(2) Protection orders and restraining orders
(2.1) What happens if protection order is made
(2.2) Information for service
(2.3) Court to make new protection order
(2.4) What happens if protection order is terminated
(3) Drawing and approving orders
(3.1) Service of order drawn up by party and signing instructions
(3.2) Time limit for approving or objecting to order drawn up by party
(3.3) Approval not required after non-compliance
(3.4) Entry of order after non-compliance
(4) When approval in writing not required
(5) Endorsement of order on application sufficient in certain cases
(6) Order granted conditionally on document to be filed
(7) Waiver of order obtained on condition
(8) Order of judge or master
(9) Date of order
(10) Approval of order
(11) Requirement of consent order
(12) Settlement of orders
(13) Appointment to settle
(14) Party failing to attend on appointment to settle
(15) Review of settlement
(16) Registrar may draw order
(16.1) Order must be drawn up by registrar
(17) Special directions for entry or service
(18) Correction of orders
(19) Opinions, advice and directions of the court
(20) Orders on terms and conditions
Rule 15-2 — Divorce Orders
(0.1) Civil Marriage Act (Canada)
(1) Ongoing prior proceedings
(2) Claim for divorce joined with other claims
(3) Form of certificate of divorce
(4) Service of divorce order
Rule 15-2.1 — Guardianship Orders
(1) Guardianship affidavit required
(2) Interim order may be made
(3) Duration of interim order
(4) Currency of information
(5) Materials required if hearing adjourned
Rule 15-2.2 — Orders for Corollary Relief in Divorce Proceedings
(1) Definition
(2) Party to corollary relief proceeding must provide information
(3) Duty to maintain accurate information
(4) Court not restricted if form not filed
Rule 15-3 — Extra-Provincial Orders
(1)-(3) Repealed
(4) Registration of orders
(5) Exchange of orders between provinces
(6) Enforcement in Provincial Court
Rule 15-4 — Enforcement of Orders
(1) Order to pay money to a person
(2) Order to pay money into court
(3) Order for recovery or delivery of land
(4) Order for recovery or delivery of property other than land
(5) Appointment of receiver
(6) Execution by or against person not a party
(7) Remedy on non-compliance with mandatory order
(8) Issue of execution on conditional order
(9) Order when right to relief has arisen
(10) Issue of execution on change of parties
(11) Production of order before execution
(12) Endorsement of writ
(13) Issue of writ of sequestration, possession or delivery
(14) Issue of writ of execution if order to pay money within a period
(15) Issue of writ of execution
(16) When writ of execution is issued
(17) Copy of writ of execution must be left with registry
(18) Term of writ of execution
(19) Renewal of writ of execution
(20) Hearing of writ of execution
(21) Writ of execution to be endorsed
(22) Enforcement costs
(23) Registrar may fix amount
(24) Assessments and accounting
(25) Registrar may certify on accounting
(26) Certificate of same effect as order
(27) Separate writs for costs
(28) Judgment for recovery of property other than land
(29) Acknowledgment of payment
(30) Order that judgment has been paid
(31) Stay of execution
(32) Balance becomes payable if instalment not paid when due
(33) Application for relief
(34) Application for directions
(35) Enforcement of certificate
Rule 15-5 — Compelling a Debtor under the Family Maintenance Enforcement Act to Appear in Court
(1) Summons under the Family Maintenance Enforcement Act
(2) Committal summons under the Family Maintenance Enforcement Act
(3) Arrest warrants
Rule 15-6 — Subpoena to Debtor
(1) Subpoena to debtor
(2) To whom subpoena must be directed
(3) Service of subpoena
(4) Examination of debtor
(5) Examiner
(6) Examination
(7) Adjournment
(8) Debtor refusing to attend or respond
(9) Creditor failing to attend, etc.
(10) Debtor unreasonably refusing to pay
(11) Order for payment
(12) Notice of application for committal
(13) Order for committal
(14) Costs payable by debtor
(15) Form of order
(16) Term of order
(17) Payment to sheriff
(18) Maintenance money recoverable
(19) Debtor to be brought before court
(20) Application to set aside or vary order
(21) Payment of debt
(22) Receipt for payment
(23) Release from custody
(24) Payment to creditor
(25) Requisition for discharge
(26) Failure to pay sheriff
(27) Liability imposed by order
(28) Repealed
Rule 15-7 — Examinations in Aid of Execution
(1) Definitions
(2) Examination of judgment debtor
(3) Examination of corporate, partnership or firm judgment debtor
(4) Limitation
(5) Examination of person other than judgment debtor
(6) Order in certain cases
(7) Application of examination for discovery rules
(8) Use of examination
(9) Costs
Rule 15-8 — Sales by the Court
(1) Court may order sale
(2) Conduct of sale
(3) Directions for sale
(4) Application for directions
(5) Certificate of sale
(6) Vesting order
Part 16 — Costs
Rule 16-1 — Costs
(1) Tariff of costs
(2) Assessment of special costs
(3) Assessment officer
(4) Disbursements
(5) Directions
(6) Tax in respect of legal services and disbursements
(7) Costs to follow event
(8) Costs where party represented by an employee
(9) Costs of applications
(10) When costs payable
(11) Costs of hearing fees
(12) Obligation to pay unaffected
(13) Costs arising from improper act or omission
(14) Costs of whole or part of family law case
(15) Costs payable from estate or property
(16) Set-off of costs
(17) Costs of one respondent payable by another
(18) Unnecessary expense after judgment
(19) Form of bill of costs
(20) Appointment to assess costs
(21) Place for assessment
(22) Further particulars
(23) Assessment of sheriff's fees
(24) Service of appointment
(25) Certificate of costs or expenses
(26) Review of an assessment
(27) Form of bill in certain cases
(28) Description of services
(29) Evidence of lawyer
(30) Disallowance of fees and costs
(31) Costs may be ordered without assessment
(32) Notice
(33) Order to be served
(34) Limitation
(35) Refusal or neglect to procure assessment
(36) Referrals
Rule 16-2 — Assessment of Expenses
(1) Expenses to be assessed
(2) Assessment officer
(3) Directions
(4) Appointment to assess expenses
(5) Place for assessment
(6) Further particulars
(7) Certificate of costs or expenses
(8) Review of an assessment
(9) When expenses payable
(10) No costs if expenses ordered
Part 17 — Petition Proceedings
Rule 17-1 — Petitions
(1) Definitions
(2) Petitions
(3) Service
(4) Response to petition
(5) Contents of response to petition
(6) Petitioner may respond
(6.1) Expert opinion evidence
(6.2) Service of expert reports
(6.3) Application of Rule 13-6
(7) No additional affidavits
(8) Setting application for hearing
(9) Date and time of hearing
(10) Date and time if hearing time more than 2 hours
(11) Petition record
(12) Service of petition record
(13) If petition respondent's application is to be heard at the hearing
(14) Petition record to be returned
(15) Petition record to be returned to registry
(16) Provision of amended petition record
(16.1) Resetting adjourned hearings
(17) Petition respondent may apply for directions
(18) Powers of court
(19) Amendment of petition
(20) Renewal of original petition
(21) Further renewal of petition
(22) When renewal period begins
(23) After renewal of petition
(24) Uncontested adoptions
(25) Referral by registrar
(26) Disposition of referred applications
Part 18 — Other Procedures
Rule 18-1 — Inquiries, Assessments and Accounts
(1) Direction for inquiries, assessments or accounts
(2) Certificate as to result
(3) Report and recommendation
(4) Application to vary or confirm recommendation
(5) Time and place of hearing
(6) Appointment
(7) Witnesses
(8) Certificate or recommendation to be filed and served
(9) Party may file certificate
(10) Opinion of the court
(11) Accounts of executor, trustee, etc.
(12) Special directions
(13) Court may appoint lawyer
(14) Varying directions
(15) Account to be verified by affidavit
(16) Form of account
(17) Particulars of errors in account
(18) Notice of order
(19) Person bound as if party
(20) Dispensing with service
(21) Person may apply to vary or rescind
(22) Person may file a notice of interest
Rule 18-2 — Jurisdictional Disputes
(1) Disputed jurisdiction
(2) Order declining jurisdiction may be sought
(3) Disputed pleading or service
(4) Powers of court pending resolution
(5) Party does not submit to jurisdiction
Rule 18-3 — Appeals
(1) Application
(2) Form
(3) Directions
(4) Conduct of appeal
(5) Application for directions
(6) Service of notice of appeal
(7) Powers of court
(8) Filing notice of interest
(9) Notice of hearing of appeal
(10) Notice of abandonment of appeal
Part 19 — Judgments from Other Courts
Rule 19-1 — Canadian Judgments
(1) Definition
(2) Registration requirements for Canadian judgments
Rule 19-2 — Foreign Judgments
(1) Definitions
(2) Application under Court Order Enforcement Act
(3) Affidavit in support
(4) Applications for reciprocal enforcement of judgment
(5) Form of order to register
(6) Notice of registration
(7) Setting aside registration of judgment under convention
(8) Stay of enforcement
(9) Stay of proceeding in family law case on foreign judgment
Part 20 — Special Rules for Certain Parties
Rule 20-1 — Partnerships
(1) Partners may sue or be sued in firm name
(2) Service on firm
(3) Responding pleading
(4) Affidavit naming partners
(5) Court may order service
(6) Execution against partnership property
(7) Execution against partners
(8) Execution against other persons
(9) Liability may be determined
(10) Family law case against person carrying on business in a name other than the person's own
Rule 20-2 — Minors
(1) Party who is a minor
(1.1) Rule 20-3 does not apply in certain circumstances
(2) Appointment of litigation guardian
Rule 20-3 — Persons under Disability
(1) Interpretation
(2) Start of family law case by person under disability
(3) Role of litigation guardian
(4) Lawyer must be involved
(5) Litigation guardian
(6) Committee as litigation guardian
(7) Consent of litigation guardian
(8) Certificate of fitness
(9) Certificate for a litigation guardian
(10) Party becoming incompetent
(11) Removal of litigation guardian
(12) Party attaining age of majority
(13) Effect of filing affidavit
(14) Step in default
(15) Service
(16) Litigation guardian must be appointed
(17) Compromise by person under disability
(18) Approval of compromise
Rule 20-4 — Declaratory Relief
(1) Declaratory order
Rule 20-5 — Persons Who Are Not Required to Pay Fees
(1) Court may order that no fees are payable
(2) Application of order
(3) How to apply
(4) Review, variation or rescission of order
(5) No fee payable
Rule 20-6 — Litigation Representatives
(1) Definition
(2) Application of rule
(3) Starting, conducting or defending a family law case on behalf of deceased's estate
(4) Notice of application required
(5) Procedure for application
(6) No authorization to distribute proceeds
(7) Substitution required
(8) When personal representative is appointed
Part 21 — General
Rule 21-1 — Forms and Documents
(1) Forms
(2) Documents
(3) Transcripts
(4) Space for stamp
(5) Style of proceeding
Rule 21-2 — Time
(1) Computation of time
(2) Extending or shortening time
(3) Extending or shortening time respecting documents
(4) Notice of intention to proceed after delay of one year
(5) Want of prosecution
(6) Attendance
Rule 21-3 — Multiple Claims and Parties
(1) Multiple claims
(2) Multiple parties
(3) Joining persons jointly entitled to relief
(4) If persons are jointly liable
(5) Party need not be interested in all relief
(6) Separation
(7) Separating counterclaim
(8) Consolidation
(8.1) Consolidation of proceedings with Provincial Court proceedings
(9) Misjoinder or nonjoinder of parties
Rule 21-4 — Change of Lawyer
(1) Change of lawyer
(2) Order that lawyer has ceased to act
(3) Order on application of lawyer
(4) Notice of intention to withdraw
(5) Filing of objection
(6) Procedure if no objection filed
(7) Service of notice of withdrawal
(8) Service of documents after withdrawal
(9) Procedure if objection filed
(10) Substituted service
(11) Service of copy of order
Rule 21-5 — If Parties Fail to Comply with These Rules
(1) If party does not comply with the rules
(2) Non-compliance with rules
Rule 21-6 — If Parties Fail to Attend
(1) Failure of party to attend
(2) Failure of all parties to appear at trial
(3) Court may set aside judgment
Rule 21-7 — Contempt of Court
(1) Power of court to punish
(2) Corporation in contempt
(3) Security
(4) Certain acts as contempt
(5) If person may be guilty of contempt
(6) Power of court after apprehension
(7) If corporation may be guilty of contempt
(8) Power of court after apprehension
(9) Release of apprehended person
(10) Order for release
(11) Proceeding for contempt
(12) Affidavit
(13) Hearing
(14) Service of order not necessary
(15) Suspension of punishment
(16) Discharge of person
(17) Weekly review of person in custody
Part 22 — Court and Registry Matters
Rule 22-1 — Powers of Court
(1) Court may adjourn trial, hearing or conference
(2) Waiver or modification
(3) Attendance by telephone or other means
(4) Court may direct how attendance by telephone or other means is to be conducted
(5) Court may refer calculation of child support
(6) Security for costs
(7) No stay on appeal
(8) Same judge or master
Rule 22-2 — Registry Operations
(1) Copy of document filed in registry
(2) When registry open
(3) Hours of registrar
(4) Lunch hours
(5) Use of seal
(6) Name of registry
(7) Signature of registrar
(8) Business not to be conducted out of office hours
(9) Request to registrar by requisition
(10) Incapacity of judge
(11) Powers of substituted judge
(12) Powers of presiding judge
(13) Transfers
Rule 22-3 — Fax Filing
(1) Application
(2) Document may be submitted for filing by fax
(3) Means of transmission
(4) Application of this rule
(5) When a document is filed
(6) Confirmation of filing
(7) Confirmation of filing
(8) Original of document may be required by court
Rule 22-4 — Electronic Filing
(1) Definitions
(2) This rule prevails in event of conflict
(3) Electronic services agreement
(4) Means of transmission
(5) Application of this rule
(6) Affidavits and other signed documents
(7) Retention of documents
(8) Conversion of documents
(9) Inspection of original documents
(10) Requisition
(11) Application of Rule 10-4
(12) Electronic authentication deemed a signature
(13) Filing of documents
(14) Electronic acceptance
(15) Sealing of notice of family claim
(16) Public access to documents filed electronically
(17) Service of documents
(18) If document does not reach a person
Rule 22-5 — Money in Court
(1) Interpretation
(2) Deposit of funds
(3) Deposit of securities
(4) Transmission of securities
(5) Payment out of court
(6) Interest
(7) No other interest payable
(8) Calculation of interest
(9) Account
(10) Investments
(11) Direction for payment out
(12) Deposit of other money paid into court
(13) No interest on other funds
(14) Money for person under disability
(15) Payment out of money or security
(16) Payment in for infant
(17) Payment out of money held for infant
Rule 22-6 — Sittings and Hearings
(1) Under direction of Chief Justice
(2) Urgency
(3) Hearing by communication medium
(4) Video conferencing
(4.1) Application to registrar by communication medium
(5) Application must be made by requisition
Rule 22-7 — Masters, Registrars and Special Referees
(1) Powers of a master
(2) Master as registrar
(3) Powers of a master in estates
(3.1) Hearing record
(3.2) Dealings with hearing record
(4) Registrar's powers at registrar's hearing
(5) Registrar's directions at pre-hearing conference
(6) Reference by master to judge
(7) Reference by registrar to judge or master
(8) Repealed
(8.1) Notice of appeal
(8.2) Service of notice of appeal and appellant's statement of argument
(8.3) Notice of interest
(8.4) Service of notice of interest and respondent's statement of argument
(8.5) Transcript of reasons for judgment or decision
(8.6) Transcript of oral evidence
(8.7) Date and time of hearing of appeal
(8.8) Appeal record
(8.9) Appeal record to be returned
(8.10) Abridgement or modification of timelines and documents required on appeal
(9)-(10) Repealed
(11) Appeal not to act as stay
Rule 22-8 — Searches
(1) Search of files
(2) Electronic court docket information available
(3) Access to information
(4) Limitation
(5) Search of exhibits
(6) Search of agreements
Part 22.1 — Method of Attendance and Application Record Pilot Projects
Rule 22.1-1 — Method of Attendance Pilot Project
(1) Method of attendance
(2) Directions may be different
(3) Application to change method of attendance
(4) Application must be made by requisition
(5) Directions apply
Rule 22.1-2 — Electronic Transmission of Application Record Pilot Project
(1) Electronic transmission of application record
(2) Directions may be different
(3) Application of other rules
Part 23 — Transition
Rule 23-1 — Transition
(1) Definitions
(2) These rules apply to transitional family law cases
(3) Pleadings deemed to be a notice of family claim
(4) Requisition deemed to be a notice of family claim
(5) Petition
(6) Appearance and statement of defence deemed to be a response to family claim
(7) Appearance deemed to be a response to petition
(8) Counterclaim and third party notice deemed to be counterclaim
(9) Response to counterclaim
(10) Unserved writ of summons
(11) Demand for amendment
(12) Party must amend
(13) Failure to amend
(14) No demand if final relief has been given
(15) Address for service
(16) Step in ongoing proceeding
(17) Trial management conference
(18) Court may decide
Rule 23-2 — Family Law Act Transitional Provisions
(1) Transitional references
(2) Documents filed before March 18, 2013
(3) Reports prepared before March 18, 2013
(4) References to non-final orders in documents filed before March 18, 2013
(5) Court may decide
(6) Parental support
Appendix A — Forms
Appendix B — Costs
Appendix C — Fees