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| B.C. Reg. 169/2009 O.C. 303/2009 | Deposited July 7, 2009 effective July 1, 2010 |
[includes amendments up to B.C. Reg. 105/2019, July 1, 2019]
(1) In these Supreme Court Family Rules, unless the context otherwise requires:
"accessible address" means an address that describes a unique and identifiable location in British Columbia that is accessible to the public during normal business hours for the delivery of documents;
"application" means an application made before trial to obtain a court order or an application, whenever made, to change a final order;
"arbitration award" means an award, within the meaning of the Arbitration Act, made in respect of a family law dispute;
"Chief Justice" means the Chief Justice of the Supreme Court of British Columbia;
"claimant" means a person who has filed a notice of family claim under Rule 4-1;
"court" means the Supreme Court of British Columbia and, if a master has jurisdiction, includes a master of the Supreme Court;
"Divorce Act" means the Divorce Act (Canada);
"document" has an extended meaning and includes a photograph, film, recording of sound, any record of a permanent or semi-permanent character and any information recorded or stored by means of any device;
"family justice counsellor" means a person appointed as a family court counsellor under section 3 of the Family Relations Act or a person appointed as a family justice counsellor under section 10 of the Family Law Act;
"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 Law Act;
(c) an order for annulment of marriage;
(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;
and includes
(f) a proceeding that, under Rule 3-1 (4.1), was started by the filing of a requisition and agreement under Rule 2-1 (1),
(g) a proceeding that, under Rule 3-1 (4.4), was started by the filing of a requisition under Rule 20-6 (3), and
(h) a proceeding that, under Rule 3-1 (4.5), was started by the filing of a requisition and arbitration award under Rule 2-1.2 (2);
[Orders available under a family law case include orders concerning guardianship, parenting arrangements or contact with a child, orders for support for a child or spouse, protection orders, orders dealing with property and divorce orders.]
"FHRMIRA order" means an order made under the Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada) or under a First Nation's law made under that Act;
"file" means file in the registry;
"final order" means an order finally resolving a claim in a family law case even though the order may be subject to change;
"FMEP Director" means the Director of Maintenance Enforcement under the Family Maintenance Enforcement Act;
"former Supreme Court Rules" means the Supreme Court Rules, B.C. Reg. 221/90;
"joint family law case" means a family law case referred to in Rule 2-2 (1);
"notice of application" means the document described in Rule 10-6 (3);
"party" means
(c) a respondent by way of counterclaim,
(e) a petition respondent, and
(f) if a support order is filed with him or her, the FMEP Director in relation to the following:
(i) any matter arising under section 9, 14 (1) or (2), 16 (3) or (4), 18 (2), 19, 20, 21, 22 (1), 23 (1), 26 (10), 29, 30, 30.1, 31, 39 (1) or 46 (1) of the Family Maintenance Enforcement Act;
(ii) an application to change, suspend or terminate a support order that is in arrears, other than a support order under the Divorce Act;
(iii) an application to change, suspend or terminate a support order made under the Divorce Act if the order has been assigned to a minister designated by the Lieutenant Governor in Council under the Divorce Act;
"petition proceeding" means a family law case started by a petition;
"petition respondent" means a person who has filed a response to petition under Rule 17-1 (4);
"petitioner" means a person who has filed a petition under Rule 17-1;
"pleading" means a notice of family claim, a response to family claim, a counterclaim and a response to counterclaim;
"regional manager" in relation to a registry, means the regional manager of the Family Justice Services Division (Justice Services Branch), Ministry of Attorney General, who is responsible for the region in which the registry is located;
"registrar" includes a district registrar and a deputy district registrar;
"registry", in relation to a family law case, means the office of the court in which the family law case is being conducted;
"relief" includes remedy;
"respondent" means a person who has filed a response to family claim under Rule 4-3;
"respondent by way of counterclaim" means a person who has filed a response to counterclaim under Rule 4-4 (5);
"support" includes maintenance;
"undefended family law case" means a family law case in which one of the following is true:
(a) the family law case is a joint family law case and no party has filed a notice of withdrawal;
(b) no response to family claim has been filed;
(c) a response to family claim was filed but has been withdrawn or struck out;
(d) a response to family claim and a counterclaim have been filed but the notice of family claim and any response to counterclaim have been
(ii) struck out, discontinued or dismissed;
(e) all claims other than a claim for divorce, if any, have been settled, the parties have filed a statement to that effect signed by the parties or their lawyers and the claim for divorce, if any, is not contested.
[am. B.C. Regs. 119/2010, Sch. B, s. 1; 133/2012, s. 1; 27/2013, Sch. 2, s. 14; 90/2014, Sch. 2, s. 1; 121/2014, s. 1; 249/2014, s. 1; 99/2018, Sch. 2, s. 17.]
(2) Unless a contrary intention appears, the Interpretation Act and the interpretation section of the Supreme Court Act apply to these Supreme Court Family Rules.
(3) The titles and headings of these Supreme Court Family Rules are for convenience only and are not intended as a guide to interpretation.
(4) Italicized words in square brackets are not part of these Supreme Court Family Rules, are included editorially for convenience of reference only and are not to be used in interpreting the rules or any provision to which the words refer.
Rule 1-2 — Citation and Application
(1) These Supreme Court Family Rules may be cited as the "Supreme Court Family Rules" and are included within any citation to the "Rules of Court" or the "Supreme Court Rules".
(2) These Supreme Court Family Rules apply to all family law cases.
(3) On application, and if all parties to a family law case agree, the court may order that any provision of these Supreme Court Family Rules does not apply to the family law case.
(1) The object of these Supreme Court Family Rules is to
(a) help parties resolve the legal issues in a family law case fairly and in a way that will
(i) take into account the impact that the conduct of the family law case may have on a child, and
(ii) minimize conflict and promote cooperation between the parties, and
(b) secure the just, speedy and inexpensive determination of every family law case on its merits.
(2) Securing the just, speedy and inexpensive determination of a family law case on its merits includes, so far as is practicable, conducting the family law case in ways that are proportionate to
(a) the interests of any child affected,
Part 2 — Resolving Cases by Agreement
(1) A copy of a written agreement referred to in section 15, 44 (3), 58 (3), 148 (2) or 163 (3) of the Family Law Act may be filed.
[en. B.C. Reg. 133/2012, s. 2, as am. by B.C. Reg. 67/2013, s. 1 (a).]
(2) To file an agreement under subrule (1), a copy of the agreement must be attached to a requisition in Form F17.1 and the requisition must be filed.
[en. B.C. Reg. 133/2012, s. 2.]
(3) Without limiting any other power the court may have to enforce an agreement filed under this rule, the court may make an order for that purpose on an application and, for that purpose, Part 10 of these Supreme Court Family Rules applies.
[en. B.C. Reg. 133/2012, s. 2.]
Rule 2-1.1 — Determinations of Parenting Coordinators
(1) Subject to subrule (2), a determination of a parenting coordinator referred to in section 18 of the Family Law Act may be filed in a family law case.
[en. B.C. Reg. 133/2012, s. 2.]
(2) If the parenting coordinator who makes a determination was engaged under an agreement referred to in section 15 (1) of the Family Law Act, the determination must not be filed until that agreement has been filed under Rule 2-1.
[en. B.C. Reg. 133/2012, s. 2.]
(3) To file a determination under subrule (1), a copy of the determination must be attached to a requisition in Form F17.2 and the requisition must be filed.
[en. B.C. Reg. 133/2012, s. 2.]
Rule 2-1.2 — Arbitration Awards
(1) An arbitration award may be filed in a registry.
[en. B.C. Reg. 121/2014, s. 2.]
(2) To file an arbitration award under subrule (1), a certified copy of the arbitration award must be attached to a requisition in Form F17.3 and the requisition must be filed.
[en. B.C. Reg. 121/2014, s. 2.]
Rule 2-2 — Joint Family Law Case
(1) A family law case may be started jointly by the persons involved if all relief, except any claim for divorce, is by consent.
[See Rule 10-10 for the process to be followed for obtaining judgment in a joint family law case.]
(2) In a joint family law case, the notice of family claim
(3) A person may withdraw from a joint family law case by
(a) filing a notice of withdrawal in Form F2, and
(b) serving a copy of the filed notice of withdrawal by personal service in accordance with Rule 6-3 (2).
(4) If a person who withdraws from a joint family law case wishes to oppose a claim made in the joint notice of family claim or wishes to claim other relief, that person must, at the time of filing the notice of withdrawal, file a response to family claim or counterclaim or both.
(5) If a notice of withdrawal is filed under subrule (3), these Supreme Court Family Rules apply to the family law case as if it were not a joint family law case.
Rule 2-2.1 — Civil Marriage Act (Canada)
(1) In this Rule,
"court order", in respect of a marriage to which Part 2 of the Civil Marriage Act (Canada) applies, means a certified copy of an order from a court in the jurisdiction where one of the spouses resides declaring that the other spouse
(a) is incapable of making decisions about his or her civil status because of a mental disability,
(b) is unreasonably withholding consent, or
"supporting affidavit" means an affidavit respecting the grounds for divorce as set out in section 7 (1) of the Civil Marriage Act (Canada).
[en. B.C. Reg. 4/2016, s. 1.]
(2) A divorce under Part 2 of the Civil Marriage Act (Canada) may be sought by filing all of the following:
(a) an application in Form F1.1;
(c) the applicable of the following:
(i) a supporting affidavit sworn by both spouses;
(ii) supporting affidavits sworn by each spouse;
(iii) a supporting affidavit sworn by the applicant spouse and a court order respecting the other spouse.
[en. B.C. Reg. 4/2016, s. 1.]
(3) A certificate of divorce referred to in section 9 of the Civil Marriage Act (Canada) must be in Form F1.2 and may be signed and issued by the registrar.
[en. B.C. Reg. 4/2016, s. 1.]
Part 3 — How to Start and Defend a Family Law Case
Rule 3-1 — Choosing the Correct Form of Proceeding
(1) Except for those special situations referred to in subrules (2.1) to (2.4), (4.1), (4.4) and (4.5) of this rule, every family law case must be started by filing a notice of family claim under Rule 4-1.
[am. B.C. Regs. 133/2012, s. 3 (a); 121/2014, s. 3 (a).]
(2) Repealed. [B.C. Reg. 133/2012, s. 3 (b).]
(2.1) A joint family law case must be started in accordance with Rule 2-2.
[en. B.C. Reg. 133/2012, s. 3 (b).]
(2.2) The following orders must be sought in a family law case started in accordance with subrule (3) of this rule:
(b) an order for return of a child under the Convention on the Civil Aspects of International Child Abduction signed at The Hague on October 25, 1980;
(c) an order granting a person who is not a spouse or former spouse
(i) leave under section 16 (3) of the Divorce Act to make an application for
a child, or
(ii) leave under section 17 (2) of the Divorce Act to make an application for an order varying, rescinding or suspending, prospectively or retroactively, a custody order or support order.
[en. B.C. Reg. 133/2012, s. 3 (b).]
(2.3) An order for a declaration of parentage must be sought in a family law case
(a) started by filing a notice of family claim under Rule 4-1, or
(b) in accordance with subrule (4) of this rule.
[en. B.C. Reg. 133/2012, s. 3 (b).]
(2.4) The following orders must be sought in accordance with subrule (4) of this rule:
(a) an order under section 35 or 36 of the Family Law Act to recognize a Canadian extraprovincial declaratory order or a non-Canadian extraprovincial declaratory order respectively;
(b) directions sought by a guardian of a child under section 49 of the Family Law Act;
(c) an order under section 75 of the Family Law Act to recognize an extra provincial order;
(d) an order under section 231 (4) of the Family Law Act to apprehend a child;
(e) an order under the Divorce Act to vary, rescind or suspend a support order or custody order of another court;
(f) an order under section 183 of the Family Law Act;
(g) an order under section 28 of the Child, Family and Community Service Act.
[en. B.C. Reg. 133/2012, s. 3 (b); am. B.C. Reg. 121/2014, s. 3 (b).]
(3) To obtain any of the orders referred to in subrule (2.2), a person must start a family law case by petition under Rule 17-1 and seek the order within that family law case.
[am. B.C. Reg. 133/2012, s. 3 (c).]
(4) To obtain any of the orders referred to in subrule (2.3) (b) or (2.4) of this rule, a person must apply for the order as follows:
(a) if there is an existing family law case within which, under these Supreme Court Family Rules, it is appropriate to seek that order, the application for that order must be made in that family law case;
(b) if there is no existing family law case within which it is appropriate to seek that order, a person wishing to obtain that order must start a family law case by petition under Rule 17-1 and seek the order within that family law case.
[am. B.C. Reg. 133/2012, s. 3 (d) and (e).]
(4.1) If a person files under Rule 2-1 (2) a requisition to which an agreement is attached and there is no existing family law case within which it is appropriate to file the requisition, the filing of the requisition under that rule starts a family law case.
[en. B.C. Reg. 133/2012, s. 3 (f).]
(4.2) If the filing of a requisition starts a family law case under subrule (4.1) of this rule, the style of proceeding in the family law case must name the person filing the requisition as "Claimant" and the other parties to the agreement as "Respondents".
[en. B.C. Reg. 133/2012, s. 3 (f).]
(4.3) Without limiting Rule 2-1.1 (2), if a person wishes to file a determination of a parenting coordinator under Rule 2-1.1 and there is no existing family law case within which it is appropriate to file the determination, the person must first start a family law case under subrule (4.1) of this rule and file the determination within that family law case.
[en. B.C. Reg. 133/2012, s. 3 (f).]
(4.4) If a person files a requisition under Rule 20-6 (3) and there is no existing family law case within which it is appropriate to file the requisition, the filing of that requisition under that rule starts a family law case, the style of proceeding of which must be "In the Matter of the Estate of" followed by the name of the deceased.
[en. B.C. Reg. 90/2014, Sch. 2, s. 2.]
(4.5) If a person files under Rule 2-1.2 (1) a requisition to which an arbitration award is attached and there is no existing family law case within which it is appropriate to file the requisition, the filing of the requisition under that rule starts a family law case.
[en. B.C. Reg. 121/2014, s. 3 (c).]
(4.6) If the filing of a requisition starts a family law case under subrule (4.5) of this rule, the style of proceeding in the family law case must name the person filing the requisition as "Claimant" and the other parties to the arbitration as "Respondents".
[en. B.C. Reg. 121/2014, s. 3 (c).]
(5) A claim that, on its own, would not be the subject matter of a family law case may be brought in a family law case, and a person by or against whom any such claim is made may be added as a party in that family law case, if
(a) relief referred to in paragraph (a), (b), (c), (d) or (e) of the definition of "family law case" in Rule 1-1 is being sought in the family law case, and
(b) the claim is related to or connected with any of that relief.
[am. B.C. Reg. 133/2012, s. 3 (g).]
Part 4 — Family Law Cases Started by Filing a Notice of Family Claim
Rule 4-1 — Notice of Family Claim
(1) To start a family law case other than a family law case referred to in Rule 3-1 (2.1), (2.2), (2.3) (b), (2.4) or (4.1), a person must file a notice of family claim in Form F3.
[A joint family law case is to be brought under Rule 2-2.]
[An application to change, suspend or terminate an existing order is to be brought under Part 10.]
[am. B.C. Reg. 133/2012, s. 4, as am by B.C. Reg. 67/2013, s. 1 (b).]
(2) After filing a notice of family claim, the claimant must serve a copy of the filed notice of family claim on each of the persons named as a respondent in the notice of family claim
(a) by personal service in accordance with Rule 6-3 (2), or
(b) if the court makes an order under Rule 6-4 (1) allowing service by an alternative method, by that alternative method.
[Rule 4-2 limits the time for service.]
[Part 6 provides instructions about service.]
Rule 4-2 — Serving and Renewing the Notice of Family Claim
(1) An original notice of family claim does not remain in force for more than 12 months, but if a respondent named in a notice of family claim has not been served, the court, on the application of the claimant made before or after the expiration of the 12 months, may order that the original notice of family claim be renewed for a period of not more than 12 months.
(2) If a renewed notice of family claim has not been served on a respondent named in the notice of family claim, the court, on the application of the claimant made during the currency of the renewed notice of family claim, may order the renewal of the notice of family claim for a further period of not more than 12 months.
(3) Unless the court otherwise orders, a renewal period ordered under subrule (1) or (2) begins on the date of the order.
(4) Unless the court otherwise orders, a copy of each order granting renewal of a notice of family claim must be served with the renewed notice of family claim, and the renewed notice of family claim remains in force and is available to prevent the operation of any statutory limitation and for all other purposes.
Rule 4-3 — Responding to a Notice of Family Claim
(1) To respond to a notice of family claim, a person must, within 30 days after being served,
(a) file a response to family claim in Form F4, and
(b) serve a copy of the filed response to family claim on the claimant and on the other persons named in the notice of family claim as respondents.
(2) A person served with a notice of family claim under Rule 4-1 (2) who does not file a response to family claim in accordance with subrule (1) of this rule is not entitled to receive notice of any part of the family law case including, without limitation, any court appearance, hearing, conference or trial.
(1) In addition to filing a response to family claim under Rule 4-3, a respondent may bring one or more of the following against the claimant:
(a) a claim under the Divorce Act;
(b) a claim under the Family Law Act;
(b.1) a claim for a FHRMIRA order;
(c) Repealed. [B.C. Reg. 133/2012, s. 6 (a).]
(d) a claim for annulment of marriage;
(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) a claim that, on its own, would not be the subject matter of a family law case if the claim is related to or connected with any of the relief sought in the family law case.
[Orders that may be sought under subrule (1) include orders concerning guardianship, parenting arrangements or contact with a child, orders for support for a child or spouse, protection orders, orders dealing with property and divorce orders.]
[am. B.C. Regs. 133/2012, ss. 5 and 6; 249/2014, s. 2.]
(2) To seek an order referred to in subrule (1) of this rule, a party named as a respondent must file a counterclaim in Form F5 within 30 days after being served with the notice of family claim.
(3) If one or more of the claims made in a counterclaim brought by a respondent against the claimant also relate to another person, the respondent may name that other person as a respondent to the counterclaim.
(4) A respondent who files a counterclaim must,
(a) within 30 days after being served with the notice of family claim, serve a copy of the filed counterclaim by ordinary service on all parties, and
(b) within 60 days after being served with the notice of family claim, serve a copy of the filed counterclaim and a copy of the filed notice of family claim by personal service in accordance with Rule 6-3 (2) on any person who is not yet a party to the family law case but against whom a claim is made in the counterclaim.
(5) To respond to a counterclaim, the claimant and any other person named as a respondent to the counterclaim must, within 30 days after being served,
(a) file a response to counterclaim in Form F6, and
(b) serve a copy of the filed response to counterclaim on all parties.
(6) A person referred to in subrule (4) (b) who does not file a response to counterclaim in accordance with subrule (5) is not entitled to receive notice of any part of the family law case including, without limitation, any court appearance, hearing, conference or trial.
(7) A respondent's counterclaim in a family law case may proceed even though the claimant's claim in the family law case has been stayed, discontinued or dismissed.
(7.1) If, on the application of a party against whom a counterclaim is made, it appears that the subject matter of the counterclaim ought to be dealt with separately, the court may order that the counterclaim be struck out or tried separately or may make any other order the court considers will further the object of these Supreme Court Family Rules.
[en. B.C. Reg. 119/2010, Sch. B, s. 2.]
(8) If a set-off or counterclaim establishes a defence to the claimant's claim, the court may grant judgment in favour of the respondent for any balance in the respondent's favour or for other relief as the court considers appropriate.
Rule 4-5 — Other Rules about Notice of Family Claim Cases
(1) If it is alleged in a notice of family claim or counterclaim that a spouse has committed adultery with another person,
(a) that other person must not be identified in the notice of family claim or counterclaim unless that other person is named as a party to the family law case,
(b) that other person must not be named as a party to the family law case unless relief, other than or in addition to costs, is claimed against the person, and
(c) the identity of that other person may be demanded by the party alleging adultery, but any information provided in response to that demand must not be filed before the trial or application for final order.
(2) The first person to file in a family law case a document in which a claim for divorce, nullity or judicial separation is made must file with that document a certificate of the marriage or of registration of the marriage unless
(i) sets out the reasons why the certificate is not being filed with the document and states that the certificate will be filed before the family law case is set down for trial or before an application is made for an order of divorce, nullity or judicial separation, or
(ii) sets out the reasons why it is impossible to file a certificate, and
(b) the registrar is satisfied with the reasons given for the failure or inability to file such a certificate.
(3) In a family law case in which a divorce is claimed, a party who has filed a pleading may withdraw that document or any part of it by filing and serving a notice of withdrawal in Form F7.
Rule 4-6 — Pleadings Generally
Content of Pleadings
(1) A party must not, in a pleading, make an allegation of fact or raise a new ground or claim inconsistent with the party's previous pleading.
(2) Subrule (1) does not affect the right of a party to make allegations in the alternative or to amend or apply for leave to amend a pleading.
Particulars
(3) The court may order a party to serve further and better particulars of a matter stated in a pleading.
(4) Before applying to the court for particulars, a party must demand them in writing from the other party.
(5) A demand for particulars does not operate as a stay of proceedings or give an extension of time, but a party may apply for an extension of time for serving a response to family claim or a response to counterclaim on the ground that the party cannot answer the notice of family claim or counterclaim respectively until particulars are provided.
Rule 5-1 — Financial Disclosure
Interpretation
(1) In this rule:
"applicable income documents" means, in respect of a person,
(a) a copy of every personal income tax return filed by the person for each of the 3 most recent taxation years,
(b) a copy of every notice of income tax assessment or reassessment issued to the person for each of the 3 most recent taxation years,
(c) if the person is receiving employment insurance benefits, a copy of the 3 most recent employment insurance benefit statements,
(d) if the person is receiving workers' compensation benefits, a copy of the 3 most recent workers' compensation benefit statements,
(e) if the person is receiving social assistance, current documentary evidence of the social assistance that is being received by that person,
(f) if the person is an employee,
(i) the most recent statement of earnings indicating the total earnings paid to the person in the year to date, including overtime, or
(ii) if that statement is not provided by the employer, a letter from the person's employer setting out the information referred to in sub-paragraph (i) and including the person's rate of annual salary or remuneration,
(g) if the person is self employed, the following information for the 3 most recent taxation years:
(i) the financial statements of the person's business or professional practice, other than a partnership;
(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the person does not deal at arm's length,
(h) if the person is a partner in a partnership, confirmation of the person's income and draw from, and capital in, the partnership for each of its 3 most recent taxation years,
(i) if the person controls a corporation, the following information for the corporation's 3 most recent taxation years:
(i) the financial statements of the corporation and its subsidiaries;
(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation and every related corporation does not deal at arm's length,
(j) if the person is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust's 3 most recent financial statements, and
(k) if the person owns or has an interest in real property, a copy of the most recent assessment notice issued from an assessment authority for each property;
"child support guidelines" means,
(a) in reference to a claim under the Family Law Act, the child support guidelines established under the Family Law Act, or
(b) in reference to a claim under the Divorce Act, the child support guidelines established under the Divorce Act;
"party" means a person named as a party to a family law case who is claiming, or against whom is claimed,
(a) an order for child support or an order changing, suspending or terminating an order for child support,
(b) an order for spousal support or an order changing, suspending or terminating an order for spousal support,
(c) Repealed. [B.C. Reg. 133/2012, s. 7 (c), as am. by B.C. Reg. 67/2013, s. 1 (c).]
(d) relief under Part 5 of the Family Law Act, or
"social assistance" includes
(a) income assistance within the meaning of the Employment and Assistance Act, and
(b) disability assistance within the meaning of the Employment and Assistance for Persons with Disabilities Act;
"stepparent" means, in relation to a child,
(a) a stepparent of the child within the meaning of section 146 of the Family Law Act, or
(b) a person who stands in the place of a parent for the child within the meaning of the Divorce Act.
[am. B.C. Regs. 133/2012, ss. 5 and 7 (a), (b) and (d) and s. 7 (c), as am by B.C. Reg. 67/2013, s. 1 (c); 249/2014, s. 3 (a).]
(2) This rule applies to a family law case as follows:
(a) if, in the family law case, a person is seeking to obtain or to change, suspend or terminate an order for child support, subrules (1), (3) to (8) and (11) to (32) apply;
(b) if, in the family law case, a person is seeking to obtain, review or change, suspend or terminate an order for spousal support, subrules (1), (3), (9) and (11) to (32) apply;
(c) if, in the family law case, a person is seeking to obtain or to change, suspend or terminate an order for relief under Part 5 of the Family Law Act, subrules (1), (3) and (10) to (32) apply;
(c.1) if, in the family law case, a person is seeking to obtain, vary or revoke a FHRMIRA order, subrules (1), (3) and (10) to (32) apply;
(d) if, in the family law case, a person is seeking to set aside or replace the whole or any part of that portion of an agreement that deals with child support, subrules (1), (3) to (8) and (11) to (32) apply;
(e) if, in the family law case, a person is seeking to review, set aside or replace the whole or any part of that portion of an agreement that deals with spousal support, subrules (1), (3), (9) and (11) to (32) apply.
[am. B.C. Regs. 133/2012, ss. 5 and 7 (e) to (g); 249/2014, s. 3 (b).]
(3) Each page of the applicable income documents that are to be used in court must be numbered sequentially.
Claims for Child Support
(4) Each party who is required under the child support guidelines to provide income information must file the following documents and must serve them under subrule (11):
(a) Part 1 of a Form F8 financial statement;
(b) the party's applicable income documents;
(c) any other documents that the party is required to file and serve under subrules (5) to (7).
(5) In addition to any other documents a party is obliged to file and serve under this rule, the party must file Parts 2 and 3 of a Form F8 financial statement and must serve those documents under subrule (11), if one of the following is true:
(a) the child support guidelines require the court to consider any or all of the following:
(i) the financial ability of the parties;
(ii) the means of the parties;
(iii) the condition, means, needs and other circumstances of the parties or the child;
(b) the party who is to pay the child support is a stepparent of the child.
(6) A party who makes a claim for special or extraordinary expenses must
(a) file Part 4 of a Form F8 financial statement, in addition to any other documents the party is obliged to file under this rule, and
["Special or extraordinary expenses" is defined in section 7 of the child support guidelines.]
(7) In addition to any other documents that a party is obliged to file and serve under this rule, if a claim for undue hardship is made,
(a) the party making the claim for undue hardship must file and serve, under subrule (11), Parts 1, 2, 3, 5 and 6 of a Form F8 financial statement along with that party's applicable income documents, and
(b) unless the court otherwise orders, a party other than the party making the claim for undue hardship must file and serve, under subrule (11), Parts 1, 2, 3 and 6 of a Form F8 financial statement along with that party's applicable income documents.
["Undue hardship" is defined in section 10 of the child support guidelines.]
(8) Parties are deemed to have complied with the requirements of the child support guidelines respecting the provision of documents, and with the requirements of this rule, as it applies to child support, respecting the filing and service of documents, if
(a) the parties have agreed on the annual income of the party who is to pay the child support,
(b) the parties have signed an agreement in Form F9, and
(c) the agreement in Form F9 has been filed together with the documents referred to in that agreement.
Applications for Spousal Support
(9) In addition to any other documents a party is obliged to file and serve under this rule, a party must file Parts 1, 2 and 3 of a Form F8 financial statement along with the party's applicable income documents, and must serve those Parts and applicable income documents under subrule (11), if one of the following is true:
(a) the party is seeking to obtain a spousal support order;
(b) the party is seeking to change, suspend or terminate a spousal support order;
(c) a spousal support order is being sought against the party;
(d) a spousal support order has been obtained against the party and another party is seeking to change, suspend or terminate that order.
[am. B.C. Reg. 133/2012, s. 7 (e), (h) and (i).]
Applications for Division of Assets
(10) Each party who is making a claim under Part 5 of the Family Law Act or applying for a FHRMIRA order, or against whom such a claim or an application is being made, must
(a) file Part 3 of a Form F8 financial statement, in addition to any other documents that the party is obliged to file under this rule, and
(b) serve that Part 3 under subrule (11).
[am. B.C. Regs. 133/2012, s. 5; 249/2014, s. 3 (c).]
Service
(11) A party who is obliged to file documents under subrule (4), (5), (6), (7), (9) or (10) (in this subrule called the "disclosing party") must file all of those documents that have not already been filed, and serve on each of the other parties all of those documents that have not already been served on that party, as follows:
(a) if the disclosing party's obligation arises because of a claim he or she made, he or she must file and serve those documents within 30 days, or such other period as the court may order, after service of the document in which the claim is made;
(b) if the disclosing party's obligation arises because of a claim made by another party and the disclosing party resides in Canada or the United States of America, the disclosing party must file and serve those documents within 30 days, or such other period as the court may order, after service of the document in which the claim is made;
(c) if the disclosing party's obligation arises because of a claim made by another party and the disclosing party resides in a country other than Canada or the United States of America, the disclosing party must file and serve those documents within 60 days, or such other period as the court may order, after service of the document in which the claim is made.
Assessment Notice
(12) If Part 3 of a Form F8 financial statement is to be served on a party under this rule, the party serving the Part 3 must, if that party owns or has an interest in real property, serve, with the Part 3, the most recent assessment notice prepared for that real property by an assessment authority unless that assessment notice has already been served.
Particulars of Form F8 Financial Statements
(13) If a Form F8 financial statement lacks sufficient information, the other party may demand particulars.
(14) If the party from whom particulars are demanded under subrule (13) fails to provide those particulars within 7 days after receipt of the demand, the court may, on terms it considers appropriate, make any order it considers will further the object of these Supreme Court Family Rules, including
(a) an order that particulars be served within a specified time, or
(b) an order that a new Form F8 financial statement be served within a specified time.
Changes in Financial Circumstances
(15) If information contained in a document filed and served under this rule is rendered inaccurate or incomplete by a material change in circumstances, the party who filed and served that document must, promptly after that material change, serve on all parties
(a) a written statement setting out the accurate and complete information, or
(b) a revised Form F8 financial statement containing the accurate and complete information.
(16) If the material change in circumstances referred to in subrule (15) is such that the party becomes obliged to file and serve documents under this rule that are additional to the documents previously filed and served under this rule by that party, the party must
(a) serve copies of those additional documents within 28 days after the material change, and
(b) comply with subrule (15) in relation to the previously served documents.
(17) If a party provides particulars under subrule (13) or (14) (a) or serves a written statement under subrule (15) (a),
(a) the particulars or statement may be treated at a trial or hearing as forming part of the original Form F8 financial statement of the party, and
(b) the other party may, with leave of the court, require that the particulars or statement be
(i) verified by an affidavit of the party providing the particulars or serving the statement, or
(18) A party who has served a Form F8 financial statement more than 91 days before the start of the trial or hearing of an application to which a Form F8 is relevant must serve on all parties an updated Form F8 financial statement at least 28 days before but not more than 63 days before the start of the trial or hearing.
Disclosure of Business Interests
(19) If a party discloses business or corporate interests in a Form F8 financial statement served under this rule, the party receiving the Form F8 financial statement may, in writing, request the disclosing party to produce for inspection and copying specified documents or classes of documents in the disclosing party's possession or control that might reasonably be required to verify the valuation of the disclosing party's interest or to determine the disclosing party's income.
(20) A party who receives a request under subrule (19) must, within 21 days after receipt, serve on the requesting party a notice stating
(a) a time and place, during normal business hours, at which the documents may be inspected, and
(21) If a party who makes a request under subrule (19) is not satisfied with the reply to the request, the requesting party may serve on the corporation, partnership or proprietorship in which the disclosing party has disclosed an interest a written request to produce for inspection all documents that are relevant to the valuation of the interest or the determination of the disclosing party's income.
(22) A corporation, partnership or proprietorship that receives a request under subrule (21) must, within 21 days after receipt, provide a written statement to the requesting party
(a) detailing the documents in its possession or control that it is obliged to produce in response to the request,
(b) identifying those documents, if any, in respect of which the corporation, partnership or proprietorship intends to seek an exemption under subrule (24),
(c) specifying a time and place at which the documents for which an exemption is not being sought may be inspected, and
(d) specifying the cost of copying the documents for which an exemption is not being sought.
(23) A corporation, partnership or proprietorship or either of the parties may apply to the court at any time for directions respecting any request for production of documents under subrule (19) or (21), including directions respecting payment of the costs of copying the documents, and the court may give those directions accordingly.
(24) A corporation, partnership or proprietorship may, within 21 days after the date a request is served on it under subrule (21), apply to the court for an order exempting it from the requirement to produce any document.
(25) An application under subrule (23) or (24) may be made on behalf of a corporation or partnership by a person who has been authorized by the corporation or partnership for that purpose.
(26) On an exemption application under subrule (24), the court may make an order exempting the applicant from the requirement to produce all or any of the requested documents if the court considers that
(a) the documents and information already received by the party who made the request under subrule (21) are sufficient for the purposes of the main application,
(b) the production of the documents is not necessary for the purposes of the main application,
(c) in the case of a corporation, the prejudice that is likely to be suffered by the corporation, or to its directors or shareholders, if the exemption is not granted outweighs the prejudice that is likely to be suffered by the person requesting the documents if the exemption is granted, or
(d) in the case of a partnership, the prejudice that is likely to be suffered by the partnership, or to its partners or associates, if the exemption is not granted outweighs the prejudice that is likely to be suffered by the person requesting the documents if the exemption is granted.
(27) The court may order that the costs of producing documents under subrule (20) or (22) and the costs of an application under subrule (23) or (24) be paid in favour of or against
(a) either of the parties to the family law case, or
(b) the corporation, the partnership or the owner of the proprietorship, as the case may be.
Enforcement of This Rule
(28) Without limiting Rule 21-5 and any other powers the court may have under the Family Law Act, if a party fails to comply with a requirement under this rule to file or serve a Form F8 financial statement or any applicable income document or fails to comply with an order under this rule to provide particulars, the court may do any or all of the following:
(a) order that the Form F8 financial statement, applicable income document or particulars, as the case may be, be filed or served or both on terms the court considers appropriate;
(b) dismiss all or part of that party's claim or application;
(c) strike out all or part of that party's response to family claim or response to counterclaim;
(d) proceed under Rule 21-7 to punish the party for contempt of court;
(e) impose a fine under section 213 (2) (d) (iii) of the Family Law Act;
(f) draw an adverse inference against the party;
(g) attribute income to that party in an amount the court considers appropriate;
(h) make an order as to costs.
[Rule 21-5 sets out what the court may do if parties fail to comply with these rules.]
[am. B.C. Reg. 133/2012, s. 7 (j) and (k).]
Confidentiality of Information
(29) Any person who has access to documents obtained under this rule must keep the documents and any information contained in them in confidence and must not disclose the documents or information to anyone other than
(a) for the purposes of a valuation of an asset,
(b) for a determination of the disclosing party's income, or
(c) in the course of permitting the documents to be introduced into evidence during the family law case.
(30) If the court considers that public disclosure of any information filed under this rule would be a hardship on the person in respect of whom the information is filed,
(a) the court may order that the whole or any part of the document in which the information is contained, and the whole or any part of the transcript of the cross-examination on the document, must promptly be sealed in an envelope, and
(b) if an order is made under paragraph (a), no person may search the sealed documents without an order of the court.
Conflict with Guidelines
(31) If and to the extent that there is a conflict between any provision of this rule and a provision of the child support guidelines, the provision of the child support guidelines prevails.
(32) For the purposes of subrule (31), it is not a conflict between the child support guidelines and this rule merely because this rule
(a) requires a person to provide information that is different from or additional to the information, if any, that that person would be obliged to provide under the child support guidelines,
(b) requires that certain information required by this rule but not by the child support guidelines be presented in a manner or form that is different from the manner or form in which information required under the child support guidelines is to be presented, or
(c) requires the provision, in one manner or form, of information some or all of which is required under the child support guidelines to be provided in a different manner or form.
Rule 6-1 — Address for Service
(1) Each party to a family law case must,
(a) if the party is represented by a lawyer in the family law case, 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 family law case,
(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.
(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:
(3) A party may change his or her address or addresses for service by filing and serving on the other parties a notice of address for service in Form F10 that shows, for the party,
(a) the address or addresses for service required under subrule (1), and
(b) any additional addresses for service referred to in subrule (2) that the party wishes to include.
[See Rule 6-5 for rules on how service is effected outside British Columbia.]
(1) Subject to Rule 6-3 (1) and unless the court otherwise orders, documents to be served by a party under these Supreme Court Family Rules may be served by ordinary service.
(2) Unless the court otherwise orders, ordinary service of a document is to be effected
(a) on a person, other than the FMEP Director, in any of the following ways:
(i) by leaving the document at the person's address for service;
(ii) by mailing the document by ordinary mail to the person's address for service;
(iii) subject to subrule (5) of this rule, if a fax number is provided as one of the person's addresses for service, by faxing the document to that fax number together with a fax cover sheet;
(iv) if an e-mail address is provided as one of the person's addresses for service, by e-mailing the document to that e-mail address, or
(i) mailing it to the post office box number provided by the FMEP Director, or
(ii) faxing it to the fax number provided by the FMEP Director.
(3) A document served by leaving it at a person's address for service is deemed to be served on the person as follows:
(a) if the document is left at the address for service at or before 4 p.m. on a day that is not a Saturday or holiday, the document is deemed to be served on the day of service;
(b) if the document is left at the address for service on a Saturday or holiday or after 4 p.m. on any other day, the document is deemed to be served on the next day that is not a Saturday or holiday.
(4) A document sent for service by ordinary mail under this rule is deemed to be served one week later on the same day of the week as the day of mailing or, if that deemed day of service is a Saturday or holiday, on the next day that is not a Saturday or holiday.
(5) A document may be served by fax as follows:
(a) if the document, including the fax cover sheet, is less than 30 pages, the document may be served by fax at any time;
(b) if the document, including the fax cover sheet, is 30 pages or more, the document may be served by fax if it is transmitted
(i) between 5 p.m. and the following 8 a.m., or
(ii) at another time if the person receiving the document agreed to that time before service.
(6) A document transmitted for service by fax or e-mail under this rule is deemed to be served as follows:
(a) if the document is transmitted before 4 p.m. on a day that is not a Saturday or holiday, the document is deemed to be served on the day of transmission;
(b) if the document is transmitted on a Saturday or holiday or after 4 p.m. on any other day, the document is deemed to be served on the next day that is not a Saturday or holiday.
[Sunday is a holiday for the purposes of this Rule.]
(7) If, despite these Supreme Court Family Rules, a party on whom a document is to be served has no address for service, and if these Supreme Court Family Rules do not specify that the document must be served by personal service on the party,
(a) the document may be served by mailing a copy of the document by ordinary mail to
(i) the lawyer acting for the party in the family law case, or
(ii) if the party has no lawyer in the family law case, to the party's last known address, and
[See Rule 6-5 for rules on how service is effected outside British Columbia.]
(1) Unless the court otherwise orders, the following documents must be served by personal service in accordance with subrule (2):
(c) a counterclaim if that counterclaim is being served on a person who has not yet filed a pleading in the family law case;
(d) a notice of withdrawal under Rule 2-2 (3) or 4-5 (3);
(e) a notice of application to
(i) change, suspend or terminate an existing final order,
(ii) set aside or replace the whole or any part of an agreement filed under Rule 2-1 (2),
(iii) change or set aside the determination of a parenting coordinator filed under Rule 2-1.1 (1), or
(iv) change, suspend or terminate an arbitration award filed under Rule 2-1.2 (1),
and the accompanying documents referred to in Rule 10-6 (6);
(f) a summons to appear at a default hearing or show cause hearing under Rule 15-5 (1);
(g) a summons to appear at a committal hearing under Rule 15-5 (2);
(h) a notice of application under Rule 21-7 for an order for contempt;
(i) a subpoena to a witness who is not a party;
(k) Repealed. [B.C. Reg. 133/2012, s. 8 (b).]
(l) any document not mentioned in paragraphs (a) to (k) of this subrule that is to be served on a person who is not a party to the family law case or who has not provided an address for service in the family law case under Rule 10-6 (10).
[am. B.C. Regs. 133/2012, s. 8; 121/2014, s. 4.]
(2) Unless the court otherwise orders, personal service of a document is to be effected,
(a) if the document is to be served on an individual, by having a person who is not a party and who is at least 19 years of age leave the document with the individual to be served,
(b) if the document is to be served on the FMEP Director, by
(i) mailing it to the post office box number provided by the FMEP Director, or
(ii) faxing it to the fax number provided by the FMEP Director,
(c) if the document is to be served on a corporation,
(i) by leaving a copy of the document with the president, chair, mayor or other chief officer of the corporation,
(ii) by leaving a copy of the document with the city clerk or municipal clerk,
(iii) by leaving a copy of the document with the manager, cashier, superintendent, treasurer, secretary, clerk or agent of the corporation or of any branch or agency of the corporation in British Columbia, or
(iv) in the manner provided by the Business Corporations Act or any enactment relating to the service of court documents,
and, for the purpose of this paragraph, if the chief place of business of the corporation is outside British Columbia, every person who, within British Columbia, transacts or carries on any of the business of, or any business for, that corporation is deemed to be an agent of the corporation,
(d) if the document is to be served on an unincorporated association, other than a trade union, by leaving a copy of the document with any officer of the association,
(e) if the document is to be served on a trade union, by leaving a copy of the document with any officer of the trade union or with a business agent,
(f) if the document is to be served on an infant, in the manner provided by the Infants Act,
(g) if the document is to be served on a mentally incompetent person, by leaving a copy of the document
(i) with the person's committee or, if there is no committee, with the person with whom the mentally incompetent person resides or in whose care he or she is or with the person appointed by the court to be served in the mentally incompetent person's place, and
(ii) with the Public Guardian and Trustee,
and in no case is it necessary to show the original document,
(h) if the document is to be served on a principal referred to in subrule (3), in accordance with subrules (3) to (5), or
(i) if the document is to be served on the Attorney General, in accordance with subrule (6).
(3) A document to be served on the Attorney General must be served at the Ministry of Attorney General in the City of Victoria, and is sufficiently served if it is left during office hours with any lawyer on the staff of the Attorney General at Victoria or mailed by registered mail to the Deputy Attorney General at Victoria.
[am. B.C. Regs. 27/2013, Sch. 2, s. 15; 99/2018, Sch. 2, s. 18.]
(4) A document served by personal service is deemed to be served as follows:
(a) if the document is served before 4 p.m. on a day that is not a Saturday or holiday, the document is deemed to be served on the day of service;
(b) if the document is served on a Saturday or holiday or after 4 p.m. on any other day, the document is deemed to be served on the next day that is not a Saturday or holiday.
[Sunday is a holiday for the purposes of this subrule.]
(5) If a notice of family claim, counterclaim or petition has not been served on a person, but the person files a response to family claim, response to counterclaim or response to petition or attends at the trial or hearing, the notice of family claim, counterclaim or petition is deemed to have been served on that person on the date the person files or attends.
Rule 6-4 — Alternative Methods of Service
(1) If it is impracticable to serve a document by personal service or if the person to be served by personal service
(a) cannot be found after a diligent search, or
(b) is evading service of the documents,
the court may, on application without notice, make an order for substituted service granting permission to use an alternative method of service.
[am. B.C. Reg. 119/2010, Sch. B, s. 3 (a).]
(2) If a document is to be served by an alternative method permitted under subrule (1), a copy of the entered substituted service order that granted permission to use that alternative method must be served with the document unless
(a) the court otherwise orders, or
(b) the alternative method of service permitted under subrule (1) is service by advertisement.
[am. B.C. Reg. 119/2010, Sch. B, s. 3 (b).]
(3) If, under subrule (1), the court permits a document to be served by advertisement, the advertisement must be in Form F11.
Rule 6-5 — Service Outside British Columbia
(1) A notice of family claim, counterclaim, petition or other document in a family law case may be served on a person outside British Columbia without leave if the court has jurisdiction in relation to the family law case under section 10 of the Court Jurisdiction and Proceedings Transfer Act, section 74 of the Family Law Act or section 3 or 4 of the Divorce Act.
[am. B.C. Reg. 133/2012, s. 9.]
(2) In any case not provided for in subrule (1), leave of the court must be obtained before a notice of family claim, counterclaim, petition or other document may be served outside British Columbia, and the court may grant such leave on an application referred to in subrule (3).
(3) An application for leave to serve a person outside British Columbia
(a) may be made without notice in accordance with Rule 10-5 (1) (c), and
(b) must be supported by an affidavit or other evidence showing
(i) in what place or country that person is or probably may be found, and
(4) If an order is made granting leave to serve a notice of family claim, counterclaim, petition or other document outside British Columbia, the following documents must be served with that notice of family claim, counterclaim, petition or other document:
(a) a copy of the filed notice of application, or requisition, for leave to serve;
(b) a copy of all filed affidavits in support of the application;
(5) This rule does not invalidate service of a document outside British Columbia without leave of the court if the document could have been validly served apart from this rule.
(6) Despite this rule, the parties to a contract may agree
(a) that the court will have jurisdiction to hear a family law case in respect of the contract, and
(b) that a document in the family law case may be served
(i) at any place, within or outside British Columbia,
(iii) on any person on behalf of any party, or
specified in the contract.
(7) Service of a document in accordance with a contract referred to in subrule (6) is effective service, but no contractual stipulation as to service of a document invalidates service that would otherwise be effective under these Supreme Court Family Rules.
(8) In subrules (9) to (12), "Convention" means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, signed at the Hague on November 15, 1965.
(9) A document may be served outside British Columbia
(a) in a manner provided by these Supreme Court Family Rules for service in British Columbia,
(b) in a manner provided by the law of the place where service is made if, by that manner of service, the document could reasonably be expected to come to the notice of the person to be served, or
(c) in a state that is a contracting state under the Convention, in a manner provided by or permitted under the Convention.
(10) Service of a document outside British Columbia may be proved
(a) in a manner provided by these Supreme Court Family Rules for proof of service in British Columbia,
(b) in the manner provided for proof of service by the law of the place where service was made regardless of the manner under subrule (9) by which service was effected, or
(c) in accordance with the Convention, if service was effected under subrule (9) (c).
(11) If service is to be made in accordance with Article 5 of the Convention, Forms F12 and F13 must be used.
(12) If an authority has, in accordance with Article 6 of the Convention, completed a certificate in Form F14, the certificate is evidence of the facts stated in it.
(1) Service of a document is proved as follows:
(a) service of a notice of family claim on a person is proved
(i) by filing an affidavit of personal service in Form F15, or
(ii) by the person filing a response to family claim;
(b) service of a counterclaim on a person who has not filed a pleading is proved
(i) by filing an affidavit of personal service in Form F15, or
(ii) by the person filing a response to counterclaim;
(c) service of a petition on a person is proved
(i) by filing an affidavit of personal service in Form F15, or
(ii) by the person filing a response to petition;
(d) service of any other document served by personal service is proved by filing an affidavit of personal service in Form F15;
(e) service of any document that is served by ordinary service is proved
(i) by filing an affidavit of ordinary service in Form F16, or
(ii) by filing a requisition in Form F17 to which is attached a written acknowledgment of receipt signed by the party or lawyer on whom the document was served.
(2) Service of a document by a sheriff may be proved by a certificate in Form F18 endorsed on a copy of the document.
(3) If a member of the Canadian Armed Forces has been served with a document by an officer of the Canadian Armed Forces, proof of the service in the form of a certificate annexed to a copy of the document served, signed by the officer and stating his or her rank and when, where and how service was effected, may be filed as proof of service.
(4) Nothing in subrule (1) or (2) restricts the court from considering any other evidence of service that the court considers appropriate in the circumstances.
(1) If a document has been served in accordance with this Part but a person can show that the document
(a) did not come to his or her notice,
(b) came to his or her notice later than when it was served, or
(c) was incomplete or illegible,
the court may set aside an order, extend time, order an adjournment or make such other order as it considers will further the object of these Supreme Court Family Rules.
Rule 7-1 — Judicial Case Conference
Requirement for Judicial Case Conference
(1) A party may request a judicial case conference at any time, whether or not one or more judicial case conferences have already been held in the family law case.
(2) Subject to subrules (3) and (4), unless a judicial case conference has been conducted in a family law case, a party to the family law case must not serve on another party a notice of application or an affidavit in support.
Exceptions
(3) A party to a family law case may file and serve a notice of application and supporting affidavits in respect of any of the following applications even though a judicial case conference has not been conducted in the family law case:
(a) Repealed. [B.C. Reg. 133/2012, s. 10 (a).]
(b) an application for an order under section 91 of the Family Law Act restraining the disposition of any property at issue;
(b.1) an application for an order under section 32 or 39 of the Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada) or a First Nation's law made under that Act with respect to an equivalent matter;
(c) an application for a consent order;
(d) an application without notice;
(e) an application to change, suspend or terminate a final order;
(f) an application to set aside or replace the whole or any part of an agreement;
(g) an application to change or set aside the determination of a parenting coordinator.
[am. B.C. Regs. 133/2012, s. 10 (a) to (c); 249/2014, s. 4.]
(4) On application by a party, the court may relieve a party from the requirement of subrule (2) if
(a) it is premature to require the parties to attend a judicial case conference,
(b) it is impracticable or unfair to require the party to comply with the requirements of subrule (2),
(c) the application referred to in subrule (2) is urgent,
(d) delaying the application referred to in subrule (2) or requiring the party to attend a judicial case conference is or might be dangerous to the health or safety of any person, or
(e) the court considers it appropriate that the party be relieved from that requirement.
(5) To bring an application for relief under subrule (4), a party must file
(a) a requisition in Form F17, and
(b) a letter signed by the party or his or her lawyer setting out the reasons why the relief is sought.
(6) On an application for relief under subrule (4), the court may do one or more of the following:
(a) require that further material be provided;
(b) require that the party or lawyer appear in person to speak to the application;
(c) make the order without requiring the party or lawyer to appear to speak to the application;
(e) make any order the court considers will further the object of these Supreme Court Family Rules.
Arranging the Judicial Case Conference
(7) To request a judicial case conference, a party must file a notice of judicial case conference in Form F19.
(8) The party requesting a judicial case conference must serve on all parties, at least 30 days before the date set for the judicial case conference,
(a) a copy of the filed notice of judicial case conference, and
(b) a copy of the Form F8 financial statement, if any, required under Rule 5-1, along with the applicable income documents referred to in section B of Part 1 of the Form F8 financial statement.
(9) At any stage of a family law case, the court may direct that a judicial case conference take place and may order a party to
(a) file a notice of judicial case conference, and
(b) serve a copy of the filed notice of judicial case conference along with any financial documents required under subrule (8) (b) in accordance with subrule (8).
(10) A party serving a notice of judicial case conference in accordance with subrule (8) or (9) must, at least 7 days before the date set for the judicial case conference, file the original of the Form F8 financial statement, if any, required under Rule 5-1 along with the applicable income documents referred to in section B of Part 1 of the Form F8 financial statement.
(11) At least 7 days before the date set for a judicial case conference, a party who has been served with a notice of judicial case conference in accordance with subrule (8) or (9) must
(a) serve on the party who served the notice of judicial case conference and on every other party a copy of the Form F8 financial statement, if any, required under Rule 5-1 along with the applicable income documents referred to in section B of Part 1 of the Form F8 financial statement, and
(b) file the original Form F8 financial statement along with the applicable income documents referred to in section B of Part 1 of the Form F8 financial statement.
Conduct of Judicial Case Conference
(12) A judicial case conference must be conducted by a judge or master.
(13) Unless the court otherwise orders, if a judicial case conference is held, each of the parties and his or her lawyer must attend that judicial case conference.
(14) If the court orders that a party need not attend a judicial case conference, the party must be readily available and immediately accessible for consultation during the judicial case conference, either in person or by telephone.
(15) The court may do one or more of the following at a judicial case conference:
(a) identify the issues that are in dispute and those that are not in dispute and explore ways in which the issues in dispute may be resolved without recourse to trial;
(b) make orders to which all the parties consent;
(c) mediate any of the issues in dispute;
(d) with the consent of the parties, refer the parties to a family dispute resolution professional, within the meaning of the Family Law Act, other than a family justice counsellor;
(e) refer the parties to a family justice counsellor, or to a person designated by the Attorney General to provide specialized support assistance, if the court has received written advice from the regional manager that the family justice counsellor or designated person is readily available to the parties;
(f) direct a party to attend the Parenting after Separation program operated by the Family Justice Services Division (Justice Services Branch), Ministry of Attorney General;
(g) make orders respecting amendment of a pleading, petition or response to petition within a fixed time;
(h) make orders requiring that particulars be provided in relation to any matter raised in a pleading;
(i) make orders respecting discovery of documents;
(j) make orders respecting examinations for discovery;
(k) direct that any or all applications must be made within a specified time;
(l) reserve a trial date for the family law case or reserve a date for a trial that is restricted to issues defined by the parties;
(m) set a date for a trial management conference under Rule 14-3;
(n) make any orders that may be made at a trial management conference under Rule 14-3 (9);
(o) without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing or trial;
(p) without limiting any other orders respecting timing that may be made under this subrule, make orders respecting timing of events;
(q) adjourn the judicial case conference;
(r) direct the parties to attend a further judicial case conference at a specified date and time;
(s) make any procedural order or give any direction that the court considers will further the object of these Supreme Court Family Rules.
[am. B.C. Regs. 133/2012, s. 10 (d); 27/2013, Sch. 2, s. 15; 99/2018, Sch. 2, s. 18.]
(16) Without limiting any other power of the court under these Supreme Court Family Rules, if a party fails to appear at a judicial case conference, the court may
(a) proceed in the absence of the party who failed to appear,
(b) exercise any of the powers of the court under subrule (15) of this rule, and
(c) order that the party who failed to appear pay costs to the other party.
(17) At a judicial case conference, or at any other time, a judge or master may order that all applications in the family law case be heard by that judge or master.
(18) A judge or master who has made an order under subrule (17) may at any time direct that any or all applications in the family law case may be heard by another judge or master.
(19) Proceedings at a judicial case conference must be recorded, but no part of that recording may be made available to or used by any person without court order.
[en. B.C. Reg. 95/2011, Sch. B, s. 1.]
Rule 7-2 — Settlement Conferences
(1) If, at any stage of a family law case, the parties jointly request a settlement conference by filing a requisition in Form F17 or a judge or master directs the parties to 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.
(2) Proceedings at a settlement conference must be recorded, but no part of that recording may be made available to or used by any person without court order.
(3) A judge who has presided at a settlement conference must not preside at the trial, unless all parties consent.
Part 8 — Amendment of Documents and Change of Parties
Rule 8-1 — Amendment of Pleadings
(1) Subject to Rules 8-2 (7) and (9) and 9-6 (5), a party may amend the whole or any part of, including any Schedule to, a pleading filed by the party
(a) once without leave of the court, at any time before service of the notice of trial, or
(b) after a notice of trial is served, only with
(ii) written consent of the parties.
[am. B.C. Reg. 119/2010, Sch. B, s. 4.]
(2) Unless the court otherwise orders, to amend a pleading under subrule (1), a party must
(a) amend the pleading in accordance with subrule (3),
(b) indicate on the amended pleading the date on which the original version of the pleading was filed, and
(3) Unless the court otherwise orders, an amendment to a pleading under this rule must be dated, identified and underlined.
(4) Unless the court otherwise orders, if a party amends a pleading under this rule, the party must do both of the following:
(a) within 7 days after filing the amended pleading, serve, by ordinary service, a copy of the filed amended pleading on each party;
(b) if the amended pleading is a notice of family claim or a counterclaim, promptly after filing the amended pleading and before taking any further step in the family law case, serve, by personal service, a copy of the filed amended pleading on any person who
(i) was served with a copy of the filed original version of the pleading, and
(ii) has not filed a response to family claim or response to counterclaim, as the case may be, to the original version of the pleading.
(5) If a pleading (in this subrule and in subrule (6) called the "primary pleading") is amended under this rule and the amended pleading is served on a party under subrule (4) (a), that party
(a) may amend, under this rule, any pleading he or she had filed in response to the original version of the primary pleading but only with respect to any matter raised by the amendments to the primary pleading, and
(b) in that event, must, within 14 days after being served with the amended pleading, serve a copy of the filed amended responding pleading on all parties.
(6) If a party on whom an amended pleading is served under subrule (4) (a) does not serve an amended responding pleading as provided in subrule (5), the pleading he or she filed in response to the original version of the primary pleading is deemed to be the pleading he or she filed in response to the amended pleading.
(7) If a notice of family claim or a counterclaim is amended under this rule and served under subrule (4) (b) on a person who is not yet a party, the person must, within 30 days after being served with the amended notice of family claim or counterclaim, file a response to family claim or response to counterclaim and Rule 4-3 (2) or 4-4 (6), as the case may be, applies.
(8) Unless the court otherwise orders, if an amendment is granted during a trial or hearing, an order need not be taken out and the amended pleading need not be filed or served.
Change of Party Status or Interest
(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 family law case may continue in spite of the death or bankruptcy or the corporate party having been wound up or ceasing to exist.
(2) Whether or not the claim survives, a family law case 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.
(3) If, by assignment, conveyance or death, an estate, interest or title devolves or is transferred, a family law case relating to that estate, interest or title may be continued by or against the person on whom or to whom that estate, interest or title has devolved or to whom that estate, interest or title has been transferred.
(4) If, after the start of a family law case,
(a) a change or transmission of interest or liability of a party takes place or a person interested comes into existence, and
(b) it becomes necessary or desirable that
(i) a person not already a party should be named as a party, or
(ii) a person already a party should be named as a party in another capacity,
the court may order that the family law case be continued between the continuing parties and the new party.
(5) If a claimant or petitioner has died and the family law case may be continued, a respondent may apply to the court for an order that the person entitled to proceed do proceed within the time that the court orders and that, in default, the proceeding be dismissed for want of prosecution.
(6) If a family law case is dismissed under subrule (5), an order for payment of costs may be made and enforced against the assets of the deceased's estate.
Change of Parties
(7) At any stage of a family law case, the court, on application by any person, may, subject to subrule (9),
(a) order that a person cease to be named as a party if it is not appropriate or necessary for that person to be named as a party,
(b) order that a person be named as an additional party or be named as a party in substitution for another named party if
(i) that person ought to have been named as a party, or
(ii) that person's participation in the family law case is necessary to ensure that all matters in the family law case may be adjudicated on, and
(c) order that a person be named as an additional party if there may exist, between the person and any other person who is named as a party to the family law case, a question or issue relating to or connected with
(i) any relief claimed in the family law case, or
(ii) the subject matter of the family law case
that, in the opinion of the court, it would be just and convenient to determine as between the person and the other person who is named as a party.
(8) Unless the court otherwise orders, if an order is made under subrule (7) adding, removing or substituting a person as a named party,
(a) the notice of family claim must be amended in accordance with Rule 8-1 (2) and (3), a reference to the order must be endorsed on that amended notice of family claim and Rule 8-1 (4) to (7) applies, and
(b) if a person is named as an additional party or is named as a party in substitution for another named party,
(i) a copy of the entered order must be served on the person along with a copy of the filed amended document served under Rule 8-1 (4),
(ii) the person may apply to the court to change or set aside the order within 21 days after the date on which the order is served on the person under subparagraph (i) of this paragraph, and
(iii) unless the court orders, in an application under subparagraph (ii) or otherwise, that the person not be named as a party, these Supreme Court Family Rules apply in relation to that newly named party as if the amended notice of family claim were a new notice of family claim.
[am. B.C. Reg. 133/2012, s. 11.]
(9) A person must not be named as a claimant or petitioner without the person's consent.
(10) Unless the court otherwise orders, if a person is named as a party in substitution for a former party, all things done in the family law case before the person was named as a party have the same effect in relation to that person as they had in relation to the former party, but the person named as a party in substitution for a former party must file a notice of address for service in Form F10.
(11) Unless the court otherwise orders, an application under subrule (7) may be made without notice to any person who is not a party.
[en. B.C. Reg. 105/2019, s. 1.]
Part 9 — Procedures for Obtaining Information and Documents
Rule 9-1 — Discovery and Inspection of Documents
(1) Unless all parties consent or the court otherwise orders, each party to a family law case must
(a) prepare a list of documents in Form F20 that lists
(i) all documents that are or have been in the party's possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and
(ii) all other documents to which the party intends to refer at trial, and
(b) serve the list of documents as follows:
(i) a person who files a notice of family claim must serve his or her list of documents on a party within 35 days after being served with that party's response to family claim or response to counterclaim;
(ii) a person who files a response to family claim must serve his or her list of documents on a party within 35 days after serving his or her response to family claim on that party;
(iii) a person who files a response to counterclaim must serve his or her list of documents on a party within 35 days after serving his or her response to counterclaim on that party unless that list of documents has already been served on that party.
(2) Subject to subrules (3) and (4), each party's list of documents must include a brief description of each listed document.
(3) If it is claimed that a document is privileged from production, the claim must be made in the list of documents with a statement of the grounds of the privilege.
(4) The nature of any document for which privilege from production is claimed must be described in a manner that, without revealing information that is privileged, will enable other parties to assess the validity of the claim of privilege.
(5) The court may order a party to serve an affidavit verifying a list of documents.
(6) If, after a list of documents has been served under this rule,
(a) it comes to the attention of the party serving it that the list is inaccurate or incomplete, or
(b) there comes into the party's possession or control a document that could be used by any party at trial to prove or disprove a material fact or any other document to which the party intends to refer at trial,
the party must promptly amend the list of documents and serve the amended list of documents on the other parties.
[am. B.C. Reg. 119/2010, Sch. B, s. 5 (a).]
(7) If a party who has received a list of documents believes that the list omits documents or a class of documents that should have been disclosed under subrule (1) or (6), the party may, by written demand, require the party who prepared the list to
(a) amend the list of documents,
(b) serve on the demanding party the amended list of documents, and
(c) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (12) and (13).
[am. B.C. Reg. 119/2010, Sch. B, s. 5 (b) and (c).]
(8) If a party who has received a list of documents believes that the list should include documents or classes of documents that
(a) are within the listing party's possession, power or control,
(b) relate to any or all matters in question in the family law case, and
(c) are additional to the documents or classes of documents required under subrule (1) or (6),
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
(d) amend the list of documents,
(e) serve on the demanding party the amended list of documents, and
(f) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (12) and (13).
[en. B.C. Reg. 119/2010, Sch. B, s. 5 (d).]
(9) A party who receives a demand under subrule (7) or (8) must, within 35 days after receipt, do one of the following:
(a) comply with the demand in relation to all of the demanded documents;
(b) comply with the demand in relation to those of the demanded documents that the party is prepared to list, and indicate, in relation to the balance of the demanded documents,
(i) why a supplementary list of documents that includes those documents is not being prepared and served, and
(ii) why those documents are not being made available;
(c) indicate, in relation to the demanded documents,
(i) why a supplementary list of documents that includes those documents is not being prepared and served, and
(10) If a party who receives a demand under subrule (7) or (8) does not, within 35 days after receipt, comply with the demand in relation to all of the demanded documents, the demanding party may apply for an order requiring the listing party to comply with the demand.
(11) On an application under subrule (10) or otherwise, the court may
(a) order that a party be excused from compliance with subrule (1), (3), (12) or (13) or with a demand under subrule (7) or (8), either generally or in respect of one or more documents or classes of documents, or
(i) amend the list of documents to list additional documents that are or have been in the party's possession, power or control relating to any or all matters in question in the family law case,
(ii) serve the amended list of documents on all parties, and
(iii) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (12) and (13).
[am. B.C. Reg. 119/2010, Sch. B, s. 5 (b), (c) and (e).]
(12) A party who has served a list of documents on any other party must allow the other party to inspect and copy, during normal business hours and at the location specified in the list of documents, the listed documents except those documents that the listing party objects to producing.
[am. B.C. Reg. 119/2010, Sch. B, s. 5 (f).]
(13) If a party is entitled to inspect listed documents under subrule (12), the listing party must, on the request of the party entitled to inspection and on receiving payment in advance of the cost of reproduction and service, serve on the requesting party copies of the documents, if reproducible, for which a request has been made.
[am. B.C. Reg. 119/2010, Sch. B, s. 5 (g).]
(14) The court may order the production of a document for inspection and copying by any party or by the court at a time and place and in the manner it considers appropriate.
(15) If a document is in the possession or control of a person who is not a party, the court, on an application under Part 10 brought on notice to the person and the parties, may make an order for one or both of the following:
(a) production, inspection and copying of the document;
(b) preparation of a certified copy that may be used instead of the original.
(16) An order under subrule (15) may be made by consent if that order is endorsed with an acknowledgment by the person in possession or control of the document that the person has no objection to the terms of the proposed order.
(17) If, on an application for production of a document, production is objected to on the grounds of privilege, the court may inspect the document for the purpose of deciding the validity of the objection.
(18) Unless the court otherwise orders, if a party fails to make discovery of or produce for inspection or copying a document as required by this rule, the party may not put the document in evidence in the family law case or use it for the purpose of examination or cross-examination.
(19) If the party from whom discovery, inspection or copying of a document is sought objects to that discovery, inspection or copying, the court may, if satisfied that for any reason it is desirable that an issue or question in dispute should be determined before deciding on the right to discovery, inspection or copying, order that the issue or question be determined first and reserve the question of discovery, inspection or copying.
Rule 9-2 — Examinations for Discovery
(1) Subject to subrule (2), each party to a family law case must
(a) make himself or herself available, or
(b) if any of subrules (5) to (9) apply, make a person referred to in that subrule available,
for examinations for discovery by the parties to the family law case who are adverse in interest to the party subject to examination.
(2) Unless the court otherwise orders, the examinations for discovery, including all examinations under subrules (16), (18) and (20), conducted under this rule of a party, including any such examinations conducted of a person referred to in subrule (1) (b) who is examined in relation to that party, by any other party who is adverse in interest must not, in total, exceed in duration
(b) any greater period to which the person to be examined consents.
(3) In an application under subrule (2) to extend the examination for discovery period, the court must consider the following:
(a) the conduct of a person who has been or is to be examined, including
(i) the person's unresponsiveness in any examination for discovery held in the family law case,
(ii) the person's failure to provide complete answers to questions, or
(iii) the person's provision of answers that are evasive, irrelevant, unresponsive or unduly lengthy;
(b) any denial or refusal to admit, by a person who has been or is to be examined, anything that should have been admitted;
(c) the conduct of the examining party;
(d) whether or not it is reasonably practicable to complete the examinations for discovery within the period provided under subrule (2);
(e) the number of parties and examinations for discovery and the proximity of the various interests of those parties.
(4) An examination for discovery is an oral examination on oath.
(5) Unless the court otherwise orders, if a party to be examined for discovery is not an individual,
(a) the examining party may examine one representative of the party to be examined,
(b) the party to be examined must nominate as its representative an individual, who is knowledgeable concerning the matters in question in the family law case, to be examined on behalf of that party, and
(c) the examining party may examine
(i) the representative nominated under paragraph (b), or
(ii) any other person the examining party considers appropriate and who is or has been a director, officer, employee, agent or external auditor of the party to be examined.
(6) Subject to subrule (8), a person for whose immediate benefit a family law case is brought or defended may be examined for discovery.
(7) Unless the court otherwise orders, if a party to be examined for discovery is an infant, the infant, his or her guardian and his or her litigation guardian may be examined for discovery.
[am. B.C. Reg. 119/2010, Sch. B, s. 6.]
(8) If a party to be examined for discovery is a mentally incompetent person, his or her litigation guardian and his or her committee may be examined for discovery, but the mentally incompetent person must not be examined without leave of the court.
(9) If a party to be examined for discovery is a trustee in bankruptcy, the bankrupt may be examined for discovery.
(10) Unless the court otherwise orders or the parties to the examination for discovery otherwise agree, an examination for discovery must take place at a location within 30 kilometres of the registry that is nearest to the place where the person to be examined resides.
(11) An examination for discovery must be conducted before an official reporter who is empowered to administer the oath.
(12) Before conducting an examination for discovery under this rule, the party wishing to conduct that examination for discovery must do the following:
(a) if the person to be examined is a party to, and has a lawyer in, the family law case, ensure that, at least 7 days before the examination for discovery,
(i) an appointment in Form F21 is served on that lawyer, and
(ii) witness fees in the amount required under Schedule 3 of Appendix C are tendered to that lawyer;
(b) in any other case, ensure that, at least 7 days before the examination for discovery,
(i) an appointment in Form F21 is served on the person to be examined, and
(ii) witness fees in the amount required under Schedule 3 of Appendix C are tendered to the person to be examined;
(c) at least 7 days before the examination for discovery, serve a copy of the appointment on all parties.
[am. B.C. Reg. 112/2012, Sch. B, s. 1.]
(13) A person to be examined for discovery must attend and submit to examination for discovery if the party wishing to conduct that examination for discovery has complied with subrule (12) (a) or (b), as the case may be.
(14) If a lawyer receives witness fees under subrule (12) (a), those fees must not be attached.
(15) Unless the court otherwise orders, if the person to be examined for discovery is a person referred to in subrule (6), (7), (8) or (9), the person must produce for inspection on the examination for discovery all documents in his or her possession or control, not privileged, relating to the matters in question in the family law case.
(16) The examination for discovery of a person is in the nature of a cross-examination, and the person examined for discovery may be re-examined on his or her own behalf or on behalf of a party not adverse in interest to him or her in relation to any matter respecting which he or she has been examined.
(17) Unless the court otherwise orders, a person being examined for discovery
(a) must answer any question within his or her knowledge or means of knowledge regarding any matter, not privileged, relating to a matter in question in the family law case, and
(b) is compellable to give the names and addresses of all persons who reasonably might be expected to have knowledge relating to any matter in question in the family law case.
(18) In order to comply with subrule (17), a person being examined for discovery may be required to inform himself or herself and the examination may be adjourned for that purpose.
(19) If a person is required to inform himself or herself under subrule (18) in order to respond to one or more questions posed on the examination for discovery, the examining party may request the person to provide the responses by letter.
(20) If the examining party receives a letter under subrule (19),
(a) the questions set out in the letter and the answers given in response to those questions are deemed for all purposes to be questions asked and answers given under oath in the examination for discovery, and
(b) the examining party may, subject to subrule (2), continue the examination for discovery.
(21) If a person under examination objects to answering a question put to him or her, the question and the objection must be taken down by the official reporter and the court may
(a) decide the validity of the objection, and
(b) order the person to submit to further examination and set a maximum duration for that further examination.
(22) An examination for discovery is to be taken down in the form of question and answer, and copies of the transcript may be obtained on payment of the proper fee by
(c) any other person as the court for special reason may permit.
(23) So far as is practicable, this rule applies to a person residing outside British Columbia, and the court, on application on notice to the person, may order the examination for discovery of the person at a place and in the manner the court considers appropriate.
(24) Unless the court otherwise orders, if an order is made under subrule (23) for the examination for discovery of a person,
(a) the order and the notice of appointment may be served on, and
(b) the witness fees referred to in subrule (12) may be paid to
the lawyer for the person.
Rule 9-3 — Discovery by Interrogatories
(1) A party to a family law case may serve interrogatories in Form F22 on any other party, or on a director, officer, partner, agent, employee or external auditor of a party, if
(2) If a party to a family law case is a body of persons, corporate or unincorporate, that is empowered to sue or to be sued in its own name or in the name of an officer or other person, another party may, with leave of the court granted at an application, serve interrogatories on the officer or member of the body specified in the order.
(3) In an order granting leave under subrule (1) (b) or (2), the court may set terms and conditions on the interrogatories, including terms and conditions respecting
(a) the number or length of the interrogatories,
(b) the matters the interrogatories are to cover,
(c) the timing of any response to the interrogatories, and
(d) the notification, if any, to be given to the other parties respecting the interrogatories.
(4) A person to whom interrogatories are directed must, within 21 days or such other period as the court may order under subrule (3), serve an answer on affidavit to the interrogatories.
(5) If interrogatories are required to be answered by more than one officer, director, partner, agent or employee of a party, the interrogatories must state which of the interrogatories each person is required to answer.
(6) If a person objects to answering an interrogatory on the grounds of privilege or on the grounds that it does not relate to a matter in question in the family law case, the person may make the objection in an affidavit in answer.
(7) If a person to whom interrogatories have been directed answers any of them insufficiently, the court may require the person to make a further answer either by affidavit or on oral examination.
(8) If a party objects to an interrogatory on the grounds that it will not further the object of these Supreme Court Family Rules,
(a) the party may apply to the court to strike out the interrogatory, and
(b) the court must take into account any offer by the party to make admissions, to produce documents or to give oral discovery.
(9) A party may, instead of serving interrogatories under subrule (1) or (2), serve the interrogatories on the lawyer of the person to whom the interrogatories are directed.
(10) If a lawyer receives interrogatories under subrule (9), the lawyer must promptly inform the person to whom the interrogatories are directed.
(11) If a person who has given an answer to an interrogatory later learns that the answer is inaccurate or incomplete, the person must promptly serve on the party who served the interrogatory an affidavit deposing to an accurate or complete answer.
Rule 9-4 — Pre-Trial Examination of Witness
(1) If a person who is not a party to a family law case may have material evidence relating to a matter in question in the family law case, the court may
(a) order that the person be examined on oath on the matters in question in the family law case, and
(b) either before or after the examination, order that the examining party pay reasonable lawyer's costs of the person relating to the application and the examination.
(2) An expert retained or specially employed by another party in anticipation of litigation or preparation for trial may not be examined under this rule unless the party seeking the examination is unable to obtain facts and opinions on the same subject by other means.
(3) An application for an order under subrule (1) must be supported by affidavit setting out
(a) the matter in question in the family law case to which the applicant believes that the evidence of the proposed witness may be material,
(b) if the proposed witness is an expert retained or specially employed by another party in anticipation of litigation or preparation for trial, that the applicant is unable to obtain facts and opinions on the same subject by other means, and
(i) has refused or neglected on request by the applicant to give a responsive statement, either orally or in writing, relating to the witness' knowledge of the matters in question, or
(4) An applicant for an order under subrule (1) must comply with Part 10 and, without limiting this, the applicant must serve the application materials on the proposed witness and Part 10 applies to the witness as if he or she were a party.
(5) If the court makes an order under subrule (1) entitling a party to examine a person under this rule, the party may, by serving on the person to be examined a subpoena in Form F23, require the person to bring to the examination
(a) any document in the person's possession or control relating to the matters in question in the family law case, and
(b) any physical object in the person's possession or control that the party contemplates introducing at the trial as an exhibit.
(6) A subpoena referred to in subrule (5)
(a) need not identify any document referred to in subrule (5) (a), and
(b) must identify any object referred to in subrule (5) (b).
(7) The examining party must give notice of an examination under this rule by serving copies of the subpoena referred to in subrule (5) on all parties at least 7 days before the date appointed for the examination.
(8) The proposed witness must be cross-examined by the party who obtained the order, then may be cross-examined by any other party, and then may be further cross-examined by the party who obtained the order.
(9) Unless the court otherwise orders, examinations conducted of a person under this rule by all parties must not, in total, exceed 3 hours in duration.
(10) Rule 9-2 (11), (15), (17), (18) and (21) to (24) applies to an examination under this rule.
Rule 9-5 — Physical Examination and Inspection
(1) If the physical or mental condition of a person is in issue in a family law case, the court may order that the person submit to examination by a medical practitioner or other qualified person, and if the court makes an order under this subrule, the court may also make
(a) an order respecting any expenses connected with the examination, and
(b) an order that the result of the examination be put in writing and that copies be made available to interested parties.
(2) The court may order a further examination under this rule.
(3) A person who is making an examination under this rule may ask any relevant question concerning the medical condition or history of the person being examined.
(4) If the court considers it necessary or expedient for the purpose of obtaining full information or evidence, it may
(a) order the production, inspection and preservation of any property, and
(i) samples to be taken or observations to be made of the property, or
(5) For the purpose of enabling an order under this rule to be carried out, the court may authorize a person to enter on any land or building.
(6) Rule 9-2 (23) and (24) applies to examinations and inspections ordered under this rule.
(1) In a family law case in which a response to family claim has been filed, a party may, by service of a notice to admit in Form F24, request any party to admit, for the purposes of the family law case only, the truth of a fact or the authenticity of a document specified in the notice.
(2) Unless the court otherwise orders, the truth of a fact or the authenticity of a document specified in a notice to admit is deemed to be admitted, for the purposes of the family law case only, unless, within 14 days after service of the notice to admit, the party receiving the notice to admit serves on the party serving the notice to admit a written statement that
(a) specifically denies the truth of the fact or the authenticity of the document,
(b) sets out in detail the reasons why the party cannot make the admission, or
(c) states that the refusal to admit the truth of the fact or the authenticity of the document is made on the grounds of privilege or irrelevancy or that the request is otherwise improper, and sets out in detail the reasons for the refusal.
(3) Unless the court otherwise orders or the demanding party and the responding party consent, a copy of a document specified in a notice to admit must be attached to the notice to admit when it is served.
(4) If a responding party unreasonably denies or refuses to admit the truth of a fact or the authenticity of a document specified in a notice to admit, the court may order the party to pay the costs of proving the truth of the fact or the authenticity of the document and may award as a penalty additional costs, or deprive a party of costs, as the court considers appropriate.
(5) A party is not entitled to withdraw
(a) an admission made in response to a notice to admit,
(b) a deemed admission under subrule (2), or
(c) an admission made in a pleading, petition or response to petition
except by consent or with leave of the court.
(6) An application for judgment or any other application may be made to the court using as evidence
(a) admissions of the truth of a fact or the authenticity of a document made
(i) in an affidavit or pleading filed by a party,
(ii) in an examination for discovery of a party or a person examined for discovery on behalf of a party, or
(iii) in response to a notice to admit, or
(b) admissions of the truth of a fact or the authenticity of a document deemed to be made under subrule (2)
and the court, without waiting for the determination of any other question between the parties, may make any order it considers will further the object of these Supreme Court Family Rules.
(1) By consent of the parties or by order of the court, a person may be examined on oath before or during trial in order that the record of the examination may be available to be introduced as evidence at the trial.
(2) An examination under subrule (1) may be conducted before an official reporter or any other person as the court may direct.
(3) In determining whether to exercise its discretion to order an examination under subrule (1), the court must take into account
(a) the convenience of the person sought to be examined,
(b) the possibility that the person may be unavailable to testify at the trial by reason of death, infirmity, sickness or absence,
(c) the possibility that the person will be beyond the jurisdiction of the court at the time of the trial,
(d) the possibility and desirability of having the person testify at trial by video conferencing or other electronic means, and
(4) In an order under subrule (1), the court may impose limits on the duration of the direct examination or cross-examination of a person under this rule.
(5) If the court makes an order under subrule (1) entitling a party to examine a person under this rule, the party may, by serving on the person to be examined a subpoena in Form F23, require the person to bring to the examination,
(a) if the person to be examined is not a party or a representative of a party, any document in the person's possession or control relating to the matters in question in the family law case, and
(b) any physical object in the person's possession or control that the examining party contemplates introducing at the trial as an exhibit.
(6) A subpoena referred to in subrule (5)
(a) need not identify any document referred to in subrule (5) (a), and
(b) must identify any object referred to in subrule (5) (b).
(7) Unless the court otherwise orders or the parties to the examination consent, an examination under this rule must take place at a location within 30 kilometres of the registry that is nearest to the place where the person to be examined resides.
(8) So far as is practicable, this rule applies to the examination of a person residing outside British Columbia, and the court may order the examination of a person in the place and the manner the court considers appropriate.
(9) If the person whose examination is ordered under subrule (8) is willing to testify, the order under subrule (8) must be in Form F25 and the instructions to the examiner appointed in the order must be in Form F26.
(10) If the person whose examination is ordered under subrule (8) is unwilling to testify, or if for any other reason the assistance of a foreign court is necessary, the order under subrule (8) must be in Form F27 and the letter of request referred to in the order must be in Form F28.
(11) If an order referred to in subrule (10) is made, the letter of request must be sent by the party obtaining the order to the Under Secretary of State for External Affairs of Canada (or, if the evidence is to be taken in Canada, to the Deputy Attorney General for the Province of British Columbia), and must have attached to it
(a) any interrogatories to be put to the witness,
(b) a list of the names, addresses and telephone numbers of the lawyers or agents of the parties, both in British Columbia and in the other jurisdiction, and
(c) a copy of the letter of request and any interrogatories
(i) translated into the appropriate official language of the jurisdiction where the examination is to take place, and
(ii) bearing the certificate of the translator that it is a true translation and giving the translator's full name and address.
(12) The lawyer for the party obtaining the order referred to in subrule (10) must file with the Under Secretary of State for External Affairs of Canada (or the Deputy Attorney General for the Province of British Columbia, as the case may be) the lawyer's undertaking to be personally responsible for all the charges and expenses incurred by the Under Secretary (or the Deputy Attorney General, as the case may be) in respect of the letter of request and to pay those charges and expenses on receiving notification of the amount.
(13) The examining party must give notice of an examination under this rule by serving copies of the subpoena referred to in subrule (5) on all parties at least 7 days before the date appointed for the examination.
(14) The examining party must conduct a direct examination of the witness and the witness is subject to cross-examination and re-examination.
(15) If an objection is made to a question put to a witness in an examination under this rule,
(a) the question and the objection must be taken down by the official reporter,
(b) the validity of the objection may, on application, be decided by the court, and
(c) the court may, on an application referred to in paragraph (b), order the witness to submit to further examination.
(16) Unless otherwise ordered, an examination under this rule must be recorded by the person authorized under subrule (2) to conduct the examination
(17) If a person alleges that
(a) circumstances exist that entitle the person to receive an estate or interest in property on the happening of a future event, and
(b) the right or claim to that estate or interest cannot be brought to trial or hearing by the person before the happening of the event,
the person may apply by petition or by requisition in Form F29 for an order to preserve, by examination under this rule, any testimony that may be material for establishing the right or claim.
Part 10 — Obtaining Orders Other Than at Trial
Division 1 — Procedure and Affidavits
Rule 10-1 — Choosing the Appropriate Procedure
(1) Subject to subrules (2) and (3), to obtain an order under this Part, a party must apply in accordance with Rule 10-5.
[en. B.C. Reg. 133/2012, s. 12.]
(2) To obtain a final order in an undefended family law case, a party must apply in accordance with Rule 10-10.
(3) To obtain a final order in a defended family law case, a party must apply in accordance with Rule 10-11.
Rule 10-2 — Place Application Is Heard
(1) An application may be heard at
(a) the place ordered by a registrar under subrule (4),
(b) if an order is not made under subrule (4), the place on which all parties have agreed, or
(c) if paragraphs (a) and (b) do not apply, a place at which the court normally sits in the judicial district in which the family law case is being conducted.
(2) If there is more than one place within the judicial district referred to in subrule (1) (c) at which the court normally sits, the applicant may name, as the place for hearing, any of those places.
(3) If, under subrule (2), the applicant names as the place for hearing a place that is different than the place at which the family law case is being conducted, the court may, if the court considers that it was unreasonable to have that named place as the place of hearing, make a special order as to costs and may
(a) order that the application be heard at some other place,
(4) If a registrar is satisfied that, due to urgency or the convenience of the parties, an application should be heard at a place outside the judicial district in which the family law case is being conducted, the registrar may, without notice, grant leave for the applicant to do either or both of the following:
(a) file the notice of application in some other judicial district;
(b) name as the place of hearing a place in that other judicial district.
(5) If a registrar grants leave under subrule (4), he or she must endorse the notice of application accordingly.
(6) If, in respect of an application for which leave was granted under subrule (4), the court at the hearing of the application considers that the application should not be heard at that place, the court may make a special order as to costs and may
(a) order that the application be heard at some other place,
(7)-(8) Repealed. [B.C. Reg. 119/2010, Sch. B, s. 7.]
Rule 10-3 — Chambers Proceedings
(1) In this rule, "chambers proceeding" includes the following:
(b) an application, including, without limitation, the following:
(i) an application to change or set aside a judgment;
(ii) a matter that is ordered to be disposed of other than at trial;
(c) 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;
(d) a family law case that has, or issues in a family law case that have, been ordered to be proceeded with by affidavit or on documents before the court;
(2) If a party to a chambers proceeding fails to attend at the hearing of the chambers proceeding, the court may proceed if, considering the nature of the chambers proceeding, it considers it will further the object of these Supreme Court Family Rules to do so, and may require evidence of service it considers appropriate.
(3) If the court makes an order in circumstances referred to in subrule (2), the order must not be reconsidered unless the court is satisfied that the person failing to attend was not guilty of wilful delay or default.
(4) On a chambers proceeding, evidence must be given by affidavit, but the court may
(a) order the attendance for cross-examination of the person who swore or affirmed the affidavit, either before the court or before another person as the court directs,
(b) order the examination of a party or witness, either before the court or before another person as the court directs,
(c) give directions required for the discovery, inspection or production of a document or copy of that document,
(d) order an inquiry, assessment or accounting under Rule 18-1, and
(e) receive other forms of evidence.
[Subrule (4) (a) applies to all affidavits, including Form F8 financial statements.]
[If an order is sought to appoint a person as the guardian of one or more children, the affidavit referred to in Rule 15-2.1 must be provided to the court with the other application materials.]
[am. B.C. Reg. 41/2013, s. 1.]
(5) Except in cases of urgency, a chambers proceeding must be heard in a place open to the public, unless the court, in the case of a particular chambers proceeding, directs that for special reasons the chambers proceeding ought to be dealt with in private.
(6) If a chambers proceeding has been set for hearing on a day on which the court does not hear chambers proceedings, the chambers proceeding stands adjourned without order to the next day on which the court hears chambers proceedings.
(7) Without limiting subrule (4), on the hearing of a chambers proceeding, the court may
(a) grant or refuse the relief claimed in whole or in part, or dispose of any question arising on the chambers proceeding,
(b) adjourn the chambers proceeding from time to time, either to a particular date or generally, and when the chambers proceeding is adjourned generally a party may set it down on 3 days' notice for further hearing,
(c) obtain the assistance of one or more experts, in which case Rule 13-5 applies, and
(d) order a trial of the chambers proceeding, either generally or on an issue, and order a pleading to be filed and, in that event, give directions for the conduct of the trial and of pre-trial proceedings and for the disposition of the chambers proceeding.
(8) If it appears to the court that notice of a chambers proceeding ought to have been but was not served on a person, the court may
(a) dismiss the chambers proceeding or dismiss it only against that person,
(b) adjourn the chambers proceeding and direct that service be effected on that person or that notice be given in some alternate manner to that person, or
(c) direct that any order made, together with any other documents the court may order, be served on that person.
(9) Rules 10-8 and 10-9 apply to chambers proceedings.
(10) The hearing of a chambers proceeding may be adjourned from time to time by a registrar.
(11) A registrar must
(a) attend at and keep notes of the hearings of all chambers proceedings, and
(b) include, in the notes kept under paragraph (a) in relation to the hearing of a chambers proceeding, a short statement of the questions or points decided or orders made at the hearing.
(1) An affidavit used in a family law case must be filed.
(2) An affidavit
(a) must be expressed in the first person and show the name, address and occupation of the person swearing or affirming the affidavit,
(b) if the person swearing or affirming the affidavit is a party or the lawyer, agent, director, officer or employee of a party, must state that fact,
(c) must be divided into paragraphs numbered consecutively, and
(d) subject to Rule 15-2.1, may be in Form F30.
[If an order is sought to appoint a person as the guardian of one or more children, the affidavit referred to in Rule 15-2.1 must be provided to the court.]
[am. B.C. Reg. 41/2013, s. 2.]
(3) An affidavit, other than an affidavit of service, must set out, in the top right hand corner of the first page,
(a) the name of the person swearing or affirming the affidavit,
(b) the sequential number of the affidavit made by that person in the same family law case, and
(4) An affidavit is made when
(a) the affidavit is sworn or affirmed by the person swearing or affirming the affidavit,
(b) the person swearing or affirming the affidavit
(ii) if the person swearing or affirming the affidavit is unable to sign the affidavit, places his or her mark on it, and
(c) the person before whom the affidavit is sworn or affirmed completes and signs a statement in accordance with subrule (5) and identifies each exhibit, if any, to the affidavit in accordance with subrule (8).
(5) The person before whom an affidavit is sworn or affirmed must confirm that the affidavit was sworn or affirmed in the person's presence by completing and signing a statement on the affidavit in the following form:
Sworn (or affirmed) before me at ........................, British Columbia on ......... [dd/mmm/yyyy]...........
(6) If it appears to the person before whom an affidavit is sworn or affirmed that the person swearing or affirming the affidavit is unable to read it, the person before whom it is sworn or affirmed must certify in the statement signed under subrule (5) that the affidavit was read in his or her presence to the person swearing or affirming the affidavit who seemed to understand it.
(7) If it appears to the person before whom an affidavit is to be sworn or affirmed that the person swearing or affirming the affidavit does not understand the English language, the affidavit must be interpreted to the person swearing or affirming the affidavit by a competent interpreter who must certify on the affidavit, by endorsement in Form F30, that he or she has interpreted the affidavit to the person swearing or affirming the affidavit.
(8) The person before whom an affidavit is sworn or affirmed must identify each exhibit referred to in the affidavit by signing a certificate placed on the exhibit in the following form:
This is Exhibit .......... referred to in the affidavit of .............................. sworn (or affirmed) before me on ........[dd/mmm/yyyy].........
(9) 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 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.
(10) Each page of the documentary exhibits referred to in an affidavit, other than an affidavit of service, must be numbered sequentially, beginning with the first page of the first exhibit and ending with the last page of the last exhibit,
(a) on the original exhibits and on all copies that are served, and
(b) even though one or more of those exhibits is not attached to the affidavit.
(11) The person before whom an affidavit is sworn or affirmed must initial all alterations in the affidavit and, unless so initialled, the affidavit must not be used in a family law case without leave of the court.
(12) Subject to subrule (13), an affidavit must state only what a person swearing or affirming the affidavit would be permitted to state in evidence at a trial.
(13) An affidavit may contain statements as to the information and belief of the person swearing or affirming the affidavit, if
(a) the source of the information and belief is given, and
(i) in respect of an application that does not seek a final order or a change in, or a suspension or termination of, a final order, or
(ii) by leave of the court under Rule 10-3 (4) (e) or 14-7 (71) (a).
[am. B.C. Reg. 133/2012, s. 13.]
(14) With leave of the court, an affidavit may be used in evidence despite an irregularity in its form.
(15) An affidavit may be used in a family law case even though it was made before the family law case was started.
(16) If an affidavit is required for use in a family law case and the person who is proposed to swear or affirm the affidavit is a patient as defined in the Patients Property Act, the affidavit may be sworn, on information and belief, by the litigation guardian of the patient.
Division 2 — Usual Application Procedure
Rule 10-5 — Application Procedure
(1) To apply for an order referred to in subrule (2), a party must do the following, and to apply for an order to enforce an agreement filed under Rule 2-1 (2), to enforce an order, to enforce compliance with a determination of a parenting coordinator filed under Rule 2-1.1 (1) or to enforce an arbitration award filed under Rule 2-1.2 (1), a party may do the following:
(a) in the case of an application not referred to in paragraph (b), (c), (d) or (e) of this subrule, apply in accordance with Rule 10-6;
(b) in the case of an application for an order by consent, apply in accordance with Rule 10-6 or 10-7;
(c) in the case of an application of which notice need not be given, apply in accordance with Rule 10-6 or 10-8;
(d) in the case of an urgent application, apply in accordance with Rule 10-9;
(e) in the case of an application for which a procedure is provided for by these Supreme Court Family Rules, apply in accordance with that procedure.
[en. B.C. Reg. 133/2012, s. 15; am. B.C. Reg. 121/2014, s. 5 (a).]
(2) Subrule (1) applies to applications for the following orders:
(b) to change, suspend or terminate a final order;
(c) to set aside or replace the whole or any part of an agreement filed under Rule 2-1;
(d) to change or set aside a determination of a parenting coordinator filed under Rule 2-1.1;
(e) to change, suspend or terminate an arbitration award.
[en. B.C. Reg. 133/2012, s. 15; am. B.C. Reg. 121/2014, s. 5 (b).]
Rule 10-6 — Usual Application Procedure
(1) In this rule:
"application respondent" means a person who files an application response under subrule (8);
"business day" means a day on which the court registries are open for business.
[en. B.C. Reg. 241/2010, Sch. B, s. 1 (a).]
(2) A party wishing to apply under this rule must file
(a) a notice of application, and
(b) subject to Rule 15-2.1, the original of every affidavit, and of every other document, that
(i) is to be referred to by the applicant at the hearing, and
(ii) has not already been filed in the family law case.
[If an order is sought to appoint a person as the guardian of one or more children, the affidavit referred to in Rule 15-2.1 must be provided to the court with the other application materials.]
[am. B.C. Reg. 41/2013, s. 3.]
(3) A notice of application must be in Form F31 and must
(a) set out the orders sought or attach a draft of the order sought,
(b) briefly summarize the factual basis for the application,
(c) set out the rule, enactment or other jurisdictional authority relied on for the orders sought and any other legal arguments on which the orders sought should be granted,
(d) list the affidavits and other documents on which the applicant intends to rely at the hearing of the application,
(e) set out the applicant's estimate of the time the application will take for hearing,
(f) subject to subrules (4) and (5), 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 10-2, and
(h) provide the data collection information required in the appendix to the form,
and the notice of application, other than any draft order attached to it under paragraph (a), must not exceed 10 pages in length.
[en. B.C. Reg. 241/2010, Sch. B, s. 1 (b).]
(4) Subject to subrule (5), the hearing of an application must be set for 9:45 a.m. on a date on which the court hears applications or at such other time or date as has been fixed by the court or a registrar.
(5) If the applicant's estimate referred to in subrule (3) (e) is more than 2 hours, the date and time of hearing must be fixed by a registrar.
[am. B.C. Reg. 119/2010, Sch. B, s. 8 (a).]
(6) The applicant must serve the following, in accordance with subrule (7), on each of the parties and on every other person, other than a person named as a party, who may be affected by the orders sought:
(a) a copy of the filed notice of application;
(b) a copy of the filed version of each of the affidavits and documents, referred to in the notice of application under subrule (3) (d), that has not already been served on that person;
(c) in addition to the documents referred to in paragraphs (a) and (b), if the application is brought under Rule 11-3, any notice that the applicant is required to give under Rule 11-3 (9);
(d) in addition to the documents referred to in paragraphs (a) to (c), if the application is in relation to an agreement filed in, or to start, a family law case, a copy of the filed agreement;
(e) in addition to the documents referred to in paragraphs (a) to (d), if the application is in relation to a determination of a parenting coordinator filed under Rule 2-1.1 (1),
(i) a copy of the filed determination, and
(ii) if the parenting coordinator was engaged under an agreement filed under Rule 2-1 (2), a copy of the filed agreement;
(f) in addition to the documents referred to in paragraphs (a), (b) and (d), if the application is in relation to an arbitration award filed in, or to start, a family law case, a copy of the filed arbitration award.
[am. B.C. Regs. 119/2010, Sch. B, s. 8 (b); 133/2012, s. 16 (a) and (b); 121/2014, s. 6 (a) and (b).]
(7) The documents referred to in subrule (6) of this rule must be served as follows:
(a) subject to paragraphs (b) and (c) of this subrule, the documents must be served at least 8 business days before the date set for the hearing of the application;
(b) in the case of an application under Rule 11-3, the documents must be served at least 12 business days before the date set for the hearing of the application;
(c) in the case of an application to change, suspend or terminate a final order or to set aside or replace the whole or any part of an agreement filed under Rule 2-1 (2),
(i) the documents must be served by personal service in accordance with Rule 6-3 (2), and
(ii) service under subparagraph (i) of this paragraph must occur at least 21 business days before the date set for the hearing of the application;
(d) in the case of an application to change or set aside a determination of a parenting coordinator filed under Rule 2-1.1 (1) or to change, suspend or terminate an arbitration award filed under Rule 2-1.2 (1), the documents must be served by personal service in accordance with Rule 6-3 (2) and paragraph (a) of this subrule.
[am. B.C. Regs. 241/2010, Sch. B, s. 1 (c) to (e); 133/2012, s. 16 (c) and (d); 121/2014, s. 6 (c).]
(8) A person who is served with documents referred to in subrule (6) of this rule and who wishes to respond to the notice of application (in this subrule called the "responding person") must do the following within the applicable period referred to in subrule (8.1):
(a) file an application response that complies with subrule (9) and, if applicable, subrule (10);
(b) file the original of every affidavit, and of every other document, that
(i) is to be referred to by the responding person at the hearing, and
(ii) has not already been filed in the family law case;
(c) serve on the applicant 2 copies of the following, and on every other party one copy of the following:
(i) a copy of the filed application response;
(ii) a copy of each of the filed affidavits and documents, referred to in the application response under subrule (9) (b) (ii), that has not already been served on that person;
(iii) if the application is brought under Rule 11-3, any notice that the application respondent is required to give under Rule 11-3 (9).
[en. B.C. Reg. 241/2010, Sch. B, s. 1 (f).]
(8.1) The responding person must file the documents referred to in subrule (8) (a) and (b) and serve the documents referred to in subrule (8) (c) within whichever of the following periods applies to the application:
(a) subject to paragraphs (b) and (c) of this subrule, within 5 business days after service of the documents referred to in subrule (6);
(b) in the case of an application under Rule 11-3, within 8 business days after service of the documents referred to in subrule (6) of this rule;
(c) in the case of an application to change, suspend or terminate a final order, to set aside or replace the whole or any part of an agreement filed under Rule 2-1 (2) or to change, suspend or terminate an arbitration award filed under Rule 2-1.2 (1), within 14 business days after service of the documents referred to in subrule (6).
[en. B.C. Reg. 241/2010, Sch. B, s. 1 (f); am. B.C. Regs. 133/2012, s. 16 (e); 121/2014, s. 6 (d).]
(9) An application response must be in Form F32, must not exceed 10 pages in length and must
(a) indicate, for each order sought on the application, whether the application respondent consents to, opposes or takes no position on the order, and
(b) if the application respondent wishes to oppose any of the relief sought in the application,
(i) briefly summarize the factual and legal bases on which the orders sought should not be granted,
(ii) list the affidavits and other documents to which the application respondent intends to refer at the hearing of the application, and
(iii) set out the application respondent's estimate of the time the application will take for hearing.
[am. B.C. Reg. 241/2010, Sch. B, s. 1 (g).]
(10) An application respondent who has not yet provided an address for service in the family law case must include an address for service in any application response filed under subrule (8), and Rule 6-1 applies.
(11) Repealed. [B.C. Reg. 241/2010, Sch. B, s. 1 (h).]
(12) An applicant who wishes to respond to any document served under subrule (8) of this rule must file and serve on each application respondent any responding affidavits no later than 4 p.m. on the business day that is one full business day before the date set for the hearing.
[am. B.C. Regs. 119/2010, Sch. B, s. 8 (d); 241/2010, Sch. B, s. 1 (i) and (j).]
(13) Unless all parties consent or the court otherwise orders, a party must not serve any affidavits additional to those served under subrules (6), (8) and (12).
[am. B.C. Reg. 241/2010, Sch. B, s. 1 (i).]
(14) Subject to subrule (16), the applicant must provide to the registry where the hearing is to take place, no later than 4 p.m. on the business day that is one full business day before the date set for the hearing, an application record as follows:
(a) the application record must be in a ring binder or in some other form of secure binding;
(b) the application record must contain, in consecutively numbered pages, or separated by tabs, the following documents in the following order:
(i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the applicant and the application respondents;
(iii) a copy of the filed notice of application;
(iv) a copy of each filed application response;
(v) a copy of every filed affidavit and pleading, and of every other document other than a written argument, that is to be relied on at the hearing;
(vi) if the application is brought under Rule 11-3, a copy of each filed pleading;
(vii) a copy of each filed order that the applicant seeks to vary or rescind or that is otherwise relevant to the relief sought;
(c) the application record may contain
(i) a draft of the proposed order,
(iii) a list of authorities and
(d) the application record must not contain
(ii) copies of authorities, including case law, legislation, legal articles or excerpts from textbooks, or
(iii) any other documents unless they are included with the consent of all the parties.
[am. B.C. Regs. 119/2010, Sch. B, s. 8 (e) and (f); 241/2010, Sch. B, s. 1 (j); 121/2014, s. 6 (e).]
(15) The applicant must serve a copy of the application record index on each application respondent no later than 4 p.m. on the business day that is one full business day before the date set for the hearing.
[am. B.C. Reg. 241/2010, Sch. B, s. 1 (k).]
(16) If an application respondent intends to set an application for hearing at the same time as the applicant's application, those parties must, so far as is possible, prepare and provide to the registry where the hearing is to take place a joint application record and agree to a date for the hearing of both applications.
[am. B.C. Reg. 119/2010, Sch. B, s. 8 (g).]
(17) Unless the court otherwise orders, the applicant must retrieve the application record
(a) at the conclusion of the hearing, or
(b) if the hearing of the application is adjourned to a date later than the following business day, after the hearing is adjourned.
[am. B.C. Regs. 119/2010, Sch. B, s. 8 (h); 241/2010, Sch. B, s. 1 (l).]
(18) If the application record has been retrieved by the applicant under subrule (17) (b), the applicant must return the application record to the registry between 9:00 a.m. and 4 p.m. on the business day that is one full business day before the new date set for the hearing of the application.
[am. B.C. Regs. 119/2010, Sch. B, s. 9; 241/2010, Sch. B, s. 1 (m).]
(19) If any additional affidavits are filed and served under subrule (12) and are not included in the application record, the applicant must provide to the registry an amended application record containing those affidavits.
(19.1) 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 F17 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. B, s. 8 (i); am. B.C. Reg. 241/2010, Sch. B, s. 1 (n).]
(20) 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 F17 on 2 business days' notice, for directions.
[am. B.C. Regs. 119/2010, Sch. B, s. 8 (j); 241/2010, Sch. B, s. 1 (o).]
Rule 10-7 — Consent Applications
(1) To apply for an order referred to in subrule (1.1), a party must file the following, and to apply for a consent order to enforce an agreement filed under Rule 2-1 (2), to enforce an order, to enforce compliance with a determination of a parenting coordinator filed under Rule 2-1.1 (1) or to enforce an arbitration award filed under Rule 2-1.2 (1), a party may file the following:
(a) a requisition in Form F29;
(b) a draft of the proposed order in Form F33;
(c) evidence, in accordance with Rule 15-1 (11), that the application is consented to;
(c.1) if guardianship of one or more children is being sought, an affidavit in Form F101;
(d) any consent or comments of the Public Guardian and Trustee required under section 40 of the Infants Act.
[If an order is sought to appoint a person as the guardian of one or more children, the Form F101 affidavit referred to in Rule 15-2.1 must be provided to the court with the other application materials.]
[en. B.C. Reg. 133/2012, s. 17; am. B.C. Regs. 41/2013, s. 4; 121/2014, s. 7 (a).]
(1.1) Subrule (1) applies to the following consent applications:
(b) to change, suspend or terminate a final order;
(c) to set aside or replace the whole or any part of an agreement filed under Rule 2-1;
(d) to change or set aside a determination of a parenting coordinator filed under Rule 2-1.1;
(e) to change, suspend or terminate an arbitration award filed under Rule 2-1.2 (1).
[en. B.C. Reg. 133/2012, s. 17; am. B.C. Reg. 121/2014, s. 7 (b).]
(2) On being satisfied that an application referred to in subrule (1) of this rule is consented to and that the materials appropriate for the application have been filed in accordance with subrule (1), a registrar may
(a) refer the application to a judge or, if the order sought is within the jurisdiction of a master, to a judge or master, or
(b) if the registrar is satisfied that
(i) none of the parties applying for or consenting to the order is under a legal disability, or
(ii) if a party is under a legal disability, section 40 (7) of the Infants Act applies,
enter the order or proceed under paragraph (a) of this subrule.
(3) If an application is referred by a registrar to a judge or master under subrule (2), the judge or master may
Rule 10-8 — Applications of Which Notice Is Not Required
(1) An application of which notice is not required may be made by filing
(a) a requisition in Form F29,
(b) a draft of the proposed order in Form F34, and
(c) subject to Rule 15-2.1, affidavit or other evidence in support of the application.
[If an order is sought to appoint a person as the guardian of one or more children, the affidavit referred to in Rule 15-2.1 must be provided to the court with the other application materials.]
[am. B.C. Regs. 119/2010, Sch. B, s. 11 (a); 41/2013, s. 5.]
(2)-(3) Repealed. [B.C. Reg. 119/2010, Sch. B, s. 11 (b).]
Rule 10-9 — Urgent Applications
When Applications May Be Heard on Short Notice
(1) Without limiting subrule (6), in case of urgency, a person wishing to bring an application (in this subrule and in subrules (2) to (5) called the "main application") on less notice than would normally be required may make an application (in this subrule and in subrules (2) to (4) called the "short notice application") for an order that the main application may be brought on short notice.
(2) A short notice application may be made by requisition in Form F17, without notice, and in a summary way.
(3) The time limits and notice requirements provided in these Supreme Court Family Rules do not apply to a short notice application.
(4) On a short notice application, the court or a registrar may
(a) order that the main application be heard on short notice,
(b) fix the date and time for the main application to be heard,
(c) fix the date and time before which service of documents applicable to the main application must be made, and
(d) give any other directions that the court or registrar considers will further the object of these Supreme Court Family Rules.
(5) If an order is made under subrule (4) that the main application be heard on short notice, the time limits and notice requirements provided in these Supreme Court Family Rules do not apply to the main application.
When Applications May Be Heard Without Any Notice
(6) The court may make an order without notice in the case of urgency.
(7) Promptly after an order is made without notice by reason of urgency, the party who obtained the order must serve a copy of the entered order and the documents filed in support on each person who is affected by the order.
(8) On the application of a person affected by an order made without notice under subrule (6), the court may change or set aside the order.
Division 3 — Procedure for Applications for Final Orders
Rule 10-10 — Final Orders in Undefended Family Law Cases
(1) To apply for judgment in an undefended family law case, a party must apply
(2) A party wishing to apply for judgment under subrule (1) (a) must file the following:
(a) a requisition in Form F35;
(b) a draft of the proposed order;
(c) proof that the case is an undefended family law case;
(d) a certificate of the registrar in Form F36 certifying that the pleadings and proceedings in the family law case are in order;
(e) unless subrule (3) applies, proof of service of the notice of family claim or counterclaim under which judgment is sought;
(f) if appropriate, a Child Support Affidavit in Form F37;
(f.1) if guardianship of one or more children is being sought, an affidavit in Form F101;
(g) if a divorce is sought, an affidavit in Form F38.
[For the purposes of paragraph (f), it is "appropriate" to file a child support affidavit if
(a) the family law case includes a claim for divorce and the notice of family claim, response to family claim, counterclaim or response to counterclaim identifies a child of the marriage within the meaning of the Divorce Act, or
(b) the family law case includes a claim for child support.]
[If an order is sought to appoint a person as the guardian of one or more children, the Form F101 affidavit referred to in Rule 15-2.1 must be provided to the court with the other application materials.]
[am. B.C. Reg. 41/2013, s. 6.]
(3) A party wishing to apply for judgment under subrule (1) (a) need not file proof of service of the notice of family claim or counterclaim under which judgment is sought if the party against whom judgment is sought had filed a response to family claim or response to counterclaim, as the case may be, even though that response to family claim or response to counterclaim has been withdrawn.
(4) In an undefended family law case in which a divorce is sought, the evidence, and any information required to enable the court to comply with sections 10 and 11 of the Divorce Act, may be presented by affidavit, unless the court otherwise orders.
(5) On being satisfied that an application under subrule (1) (a) is appropriate, the court may give any directions it considers will further the object of these Supreme Court Family Rules and may, without limitation,
(a) make an order or grant judgment without the attendance of lawyers or the applicant,
Rule 10-11 — Final Orders in Defended Family Law Cases
(1) To obtain a final order, other than at trial, in a defended family law case begun by the filing of a notice of family claim, a party must apply by way of summary trial in accordance with Rule 11-3.
Part 11 — Pre-Trial Resolution Procedures
(1) In this rule, "offer to settle" means
(a) an offer to settle made and delivered before July 2, 2008 under Rule 37 of the former Supreme Court Rules, as that rule read on the date of the offer to settle, and in relation to which no order was made under that rule,
(b) an offer of settlement made and delivered before July 2, 2008 under Rule 37A of the former Supreme Court Rules, as that rule read on the date of the offer of settlement, and in relation to which no order was made under that rule, or
(c) an offer to settle made after July 1, 2008 under Rule 37B of the former Supreme Court Rules, as that rule read on the date of the offer to settle, or made under this rule, that
(i) is made in writing by a party to a family law case,
(ii) has been served on all parties, and
(iii) contains the following sentence: "The ..............[party(ies)].............., ..............[name(s) of party(ies)].............., reserve(s) the right to bring this offer to the attention of the court for consideration in relation to costs after the court has pronounced judgment on all other issues in this proceeding."
(2) The fact that an offer to settle has been made must not be disclosed to the court or jury, or set out in any document used in the family law case, until all issues in the family law case, other than costs, have been determined.
(3) An offer to settle is not an admission.
(4) The court may consider an offer to settle when exercising the court's discretion in relation to costs.
(5) In a family law case in which an offer to settle has been made, the court may do one or more of the following:
(a) deprive a party of any or all of the costs, including any or all of the disbursements, to which the party would otherwise be entitled in respect of all or some of the steps taken in the family law case after the date of delivery or service of the offer to settle;
(b) award double costs of all or some of the steps taken in the family law case after the date of delivery or service of the offer to settle;
(c) award to a party, in respect of all or some of the steps taken in the family law case after the date of delivery or service of the offer to settle, costs to which the party would have been entitled had the offer not been made;
(d) if the party who made the offer obtained a judgment as favourable as, or more favourable than, the terms of the offer, award to the party the party's costs in respect of all or some of the steps taken in the family law case after the date of delivery or service of the offer to settle.
[am. B.C. Regs. 119/2010, Sch. B, s. 12; 121/2014, s. 8.]
(6) In making an order under subrule (5), the court may consider the following:
(a) whether the offer to settle was one that ought reasonably to have been accepted, either on the date that the offer to settle was delivered or served or on any later date;
(b) the relationship between the terms of settlement offered and the final judgment of the court;
(7) An offer to settle does not expire by reason that a counter offer is made.
Rule 11-2 — Striking Documents
(1) At any stage of a family law case, the court may order to be struck out or amended the whole or any part of a pleading, petition or other document on the ground that
(a) it discloses no reasonable claim or defence, as the case may be,
(b) it is unnecessary, scandalous, frivolous or vexatious,
(c) it may prejudice, embarrass or delay the fair trial or hearing of the family law case, or
(d) it is otherwise an abuse of the process of the court,
and the court may pronounce judgment or order the family law case to be stayed or dismissed and may order the costs of the application to be paid as special costs.
[am. B.C. Reg. 119/2010, Sch. B, s. 13.]
(2) No evidence is admissible on an application under subrule (1) (a).
(3) If, on the filing of a document, a registrar considers that the whole or any part of the document could be the subject of an order under subrule (1),
(a) the registrar may, despite any other provision of these Supreme Court Family Rules,
(i) retain the document and all filed copies of it, and
(ii) refer the document to the court, and
(b) the court may, after a summary hearing, make an order under subrule (1).
(4) If the court makes an order referred to in subrule (3) (b),
(a) the registrar must give notification of the order, in the manner directed by the court, to the person who filed the document,
(b) the person who filed the document may, within 7 days after being notified, apply to the court, and
(1) In this rule, "summary trial application" means an application referred to in subrule (2).
(2) A party may apply to the court for judgment under this rule, either on an issue or generally, in any of the following:
(a) a family law case in which a response to family claim has been filed;
(b) a family law case that has been transferred to the trial list under Rule 10-3 (7) (d);
(c) a family law case by way of counterclaim in which a response to counterclaim has been filed.
(3) A summary trial application must be heard at least 42 days before the scheduled trial date.
(4) Unless the court otherwise orders, a summary trial application must be set for hearing in accordance with Part 10.
(5) Unless the court otherwise orders, on a summary trial application, the applicant and each other party may, subject to Rule 15-2.1, introduce evidence by any or all of the following:
(b) an answer, or part of an answer, to interrogatories;
(c) any part of the evidence taken on an examination for discovery;
(d) an admission under Rule 9-6;
(e) a report setting out the opinion of an expert, if
(i) the report conforms with Rule 13-6 (1), or
(ii) the court orders that the report is admissible even though it does not conform with Rule 13-6 (1).
[If an order is sought on a summary trial application to appoint a person as the guardian of one or more children, the affidavit referred to in Rule 15-2.1 must be provided to the court with the other application materials.]
[am. B.C. Reg. 41/2013, s. 7.]
(6) Rule 14-7 (46), (49), (50), (51) and (56) to (58) applies to subrule (5) of this rule.
(7) Rule 13-6 (2) applies to a summary trial application.
[am. B.C. Reg. 119/2010, Sch. B, s. 14.]
(8) A party who applies for judgment under subrule (2)
(a) must serve, with the notice of application and the other documents referred to in Rule 10-6 (6), every expert report, not already filed, on which the party will rely in support of the application, and
(b) must not serve any further affidavits, expert reports or notices except
(i) to introduce evidence that would, at a trial, be admitted as rebuttal evidence,
(ii) to respond to a notice of application filed and served by another party, or
(9) If a party intends, on a summary trial application, to rely on
(a) evidence taken on an examination for discovery,
(b) answers to interrogatories, or
the party must give notice of that fact in accordance with subrule (10).
(10) Notice under subrule (9) must be served
(a) by an applicant, in accordance with Rule 10-6 (6) and (7), and
(b) by a party who is not an applicant, in accordance with Rule 10-6 (8).
[am. B.C. Reg. 241/2010, Sch. B, s. 2.]
(11) On an application heard before or at the same time as the hearing of a summary trial application, the court may
(a) adjourn the summary trial application, or
(b) dismiss the summary trial application on the ground that
(i) the issues raised by the summary trial application are not suitable for disposition under this rule, or
(ii) the summary trial application will not assist the efficient resolution of the family law case.
(12) On or before the hearing of a summary trial application, the court may order that
(a) a party file and serve, within a fixed time, any of the following on which the party intends to rely in support of the application:
(ii) a notice referred to in subrule (9),
(b) the person who swore or affirmed an affidavit, or an expert whose report is relied on, attend for cross-examination, either before the court or before another person as the court directs,
(c) cross-examinations on affidavits be completed within a fixed time,
(d) no further evidence be introduced on the application after a fixed time, or
(e) a party file and serve a brief, with such contents as the court may order, within a fixed time.
(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.
(14) A judge who makes an order under subrule (11) or (12) in relation to a summary trial application is not seized of the summary trial application unless the judge otherwise orders.
(15) On the hearing of a summary trial application, the court may
(a) grant judgment in favour of any party, either on an issue or generally, unless
(i) the court is unable, on the whole of the evidence before the court on the application, to find the facts necessary to decide the issues of fact or law, or
(ii) the court is of the opinion that it would be unjust to decide the issues on the application,
(b) impose terms respecting enforcement of the judgment, including a stay of execution, and
(16) If the court does not grant judgment under subrule (15), the applicant may not apply again under subrule (2) without leave of the court.
(17) If the court is unable to grant judgment under subrule (15) and considers that the family law case ought to be expedited, the court may order the trial of a family law case generally or on an issue and may
(a) order that the parties attend a judicial case conference,
(b) make any order that may be made under Rule 7-1 (15), or
(c) make any other order the court considers will further the object of these Supreme Court Family Rules.
(18) A court may, before or at trial, vary or set aside an order made under subrule (12) or (17) of this rule.
Rule 11-4 — Discontinuance and Withdrawal
(1) At any time before a notice of trial is filed in a family law case, a claimant may discontinue it in whole or in part against a respondent by filing a notice of discontinuance in Form F39 and serving a filed copy of the notice of discontinuance on all parties.
(2) After a notice of trial is filed in a family law case, a claimant may discontinue the family law case in whole or in part against a respondent with the consent of all parties or by leave of the court.
(3) A respondent may withdraw his or her response to family claim or any part of it with respect to any claimant at any time by filing a notice of withdrawal in Form F40 and serving a filed copy of the notice of withdrawal on all parties.
(4) Subject to subrule (2), a person wholly discontinuing a family law case against a party or wholly withdrawing his or her response to family claim filed in response to a notice of family claim of a party must pay the costs of that party to the date of service of the notice of discontinuance or the notice of withdrawal, as the case may be, and if a claimant who is liable for costs under this subrule subsequently brings a proceeding for the same or substantially the same claim before paying those costs, the court may order the proceeding to be stayed until the costs are paid.
(5) A claimant's right to recover costs from a respondent under subrule (4) does not preclude the claimant recovering other costs properly incurred.
(6) If a respondent wholly withdraws his or her response under this rule, the claimant may proceed as if the respondent had served no response and Rule 4-3 (2) applies.
(7) Unless the court otherwise orders, the discontinuance of a family law case in whole or in part is not a defence to a subsequent family law case for the same or substantially the same claim or claims.
(8) This rule applies to a counterclaim and a petition.
Part 12 — Property and Injunctions
Rule 12-1 — Detention, Preservation and Recovery of Property
(1) The court may make an order for the detention, custody or preservation of any property that is the subject matter of a family law case or as to which a question may arise and, for the purpose of enabling an order under this rule to be carried out, the court may authorize a person to enter on any land or building.
(2) If the right of a party to a specific fund is in dispute in a family law case, the court may order the fund to be paid into court or otherwise secured.
(3) If property is the subject matter of a family law case and the court is satisfied that the property will be more than sufficient to answer all claims on it, the court at any time
(a) may allow the whole or part of the income of the property to be paid, during such period as the court may direct, to a party who has an interest in it, or
(b) in the case of personal property, may order that part of the personal property be delivered or transferred to a party.
(4) If a party claims the recovery of specific property other than land, the court may order that the property claimed be given up to the party, pending the outcome of the family law case, either unconditionally or on terms and conditions, if any, relating to giving security, time, mode of trial or otherwise.
(5) Unless the court otherwise orders, if an order is made under subrule (4) in favour of a party, the order must contain the party's undertaking to abide by any order that the court may make as to damages arising out of delivery of the property to the party or compliance with any other order.
(1) The court may appoint a receiver in any proceeding either unconditionally or on terms, whether or not the appointment of a receiver was included in the relief claimed by the applicant.
(2) Unless the court otherwise orders, a receiver must give security as the court may direct in either Form F41 or Form F42 and, until that security is given, the order appointing the receiver must not be presented for entry.
(3) The court must fix any remuneration to be paid to a receiver.
(4) Unless the court otherwise orders, a receiver must file and deliver his or her accounts annually.
(1) If
(a) a person (in this rule called the "applicant")
(i) is sued or expects to be sued in respect of property in the person's possession or under the person's control or in respect of the proceeds from a disposition of the property, or
(ii) receives a claim in respect of
by or from 2 or more persons (in this rule called the "property claimants") making adverse claims, and
(b) the applicant claims no beneficial interest in the property,
the applicant may apply to the court for interpleader relief.
(2) A person who makes a claim to or in respect of property taken or intended to be taken by a sheriff in the execution of any writ of execution, or to the proceeds from a disposition of the property, must deliver to the sheriff written notice of the person's claim and the person's address.
(3) On receipt of a notice of claim under subrule (2), a sheriff must promptly deliver a copy of the notice to the person who caused the writ of execution to issue, and that person must, within 7 days after receiving the copy, deliver to the sheriff a written notice stating whether that person admits or disputes the claim.
(4) Promptly after receiving under subrule (3) a notice admitting a claim,
(a) a sheriff must release any property the claim to which is admitted, and
(b) the court may restrain the bringing of a proceeding against the sheriff for or in respect of having taken possession of the property, and
unless the court otherwise orders, the person who admitted the claim is only liable to the sheriff for any costs, fees and expenses incurred by the sheriff before receipt of the notice admitting the claim.
(5) A sheriff who receives a notice of claim under subrule (2) may apply for interpleader relief if
(a) the sheriff receives a notice under subrule (3) disputing the claim, or
(b) the person who caused the writ of execution to issue fails to give the sheriff the notice required under subrule (3) within the time required by that subrule.
(6) An application for interpleader relief must be made by petition, unless it is made in a proceeding that has already been started, in which case it may be made by notice of application.
(7) An application for interpleader relief must be supported by an affidavit stating the names and addresses of the property claimants of whom the applicant has knowledge and that the applicant
(a) claims no beneficial interest in the property in dispute, other than for costs, fees or expenses,
(b) does not collude with any property claimant, and
(c) is willing to deliver the property to the court or to dispose of it as the court may direct.
(8) An application for interpleader relief may be made without notice, and the court may deal with the application summarily or may give directions for service.
(9) On the hearing of an application for interpleader relief, the court may
(a) order a property claimant to be named as a party to a proceeding that has already been started in substitution for or in addition to the applicant,
(b) order an issue between the property claimants to be stated and tried in an action and direct which property claimant is to be the plaintiff in the action and which property claimant is to be the defendant,
(c) on the request of the applicant or a property claimant, determine the rights of the property claimants summarily,
(d) if a property claimant fails to attend, or attends and fails or refuses to comply with an order made in the proceeding, make an order declaring that the property claimant and all persons claiming under the property claimant be forever barred from prosecuting the claim against the applicant, without affecting the rights of the property claimants as between themselves,
(e) stay any further step in a proceeding,
(f) if there are interpleader applications pending in several proceedings, make an order that is binding on all the parties to the various proceedings,
(g) order the costs of the applicant to be paid out of the property or proceeds,
(h) declare that the liability of the applicant with respect to the property or the proceeds is extinguished, and
(i) make any other order the court considers will further the object of these Supreme Court Family Rules.
(1) An application for a pre-trial injunction may be made by a party whether or not a claim for an injunction is included in the relief claimed.
(2) An application for a pre-trial injunction may be made before the start of a family law case and the injunction may be granted on terms providing for the start of the family law case.
(3) If an application for a pre-trial injunction is made without notice, the court may grant an interim injunction.
(4) An injunction must be imposed by order of the court.
(5) Unless the court otherwise orders, an order for a pre-trial or interim injunction must contain the applicant's undertaking to abide by any order that the court may make as to damages.
(6) In a family law case in which an injunction has been or might have been claimed, a party may apply by petition after judgment to restrain another party from the repetition or continuance of the wrongful act or breach of contract established by the judgment or from the commission of any act or breach of a like kind.
Part 13 — Court Ordered Reports and Expert Witnesses
Rule 13-1 — Court Ordered Reports under Section 211 of the Family Law Act
(1) If, under section 211 of the Family Law Act, the court appoints a person to conduct an assessment, that person must
(a) include in the report required under section 211 (4) of that Act an address for service at which a notice under subrule (2) may be served, and
(b) unless the court otherwise orders, file a copy of the report and serve a filed copy of the report on all parties at least 42 days before the scheduled trial date.
[en. B.C. Reg. 133/2012, s. 19.]
(2) A party who wishes to cross-examine at trial the person who prepared a report referred to in subrule (1) must, at least 28 days before the scheduled trial date, serve on the person and all parties, by ordinary service, a notice in Form F43.
[en. B.C. Reg. 133/2012, s. 19.]
Rule 13-2 — Duty of Expert Witnesses
(1) In giving an opinion to the court, an expert appointed under this Part by one or more parties or by the court has a duty to assist the court and is not to be an advocate for any party.
(2) If an expert is appointed under this Part by one or more parties or by the court, the expert must, in any report he or she prepares under this Part, certify that he or she
(a) is aware of the duty referred to in subrule (1),
(b) has made the report in conformity with that duty, and
(c) will, if called on to give oral or written testimony, give that testimony in conformity with that duty.
Rule 13-3 — Appointing Joint Expert Witnesses
(1) In this rule, "financial issue" means
(a) an issue arising out of a claim under Part 5 or 6 of the Family Law Act or out of an application for a FHRMIRA order,
(b) a claim for an interest in property based on unjust enrichment or other trust claims, or
(c) a claim for compensation based on unjust enrichment.
[am. B.C. Regs. 133/2012, s. 5; 249/2014, s. 5.]
(2) If any party wishes to present to the court expert opinion evidence on a financial issue,
(a) that evidence must be presented to the court by means of a jointly appointed expert unless the court otherwise orders or the parties otherwise agree, and
(3) If a party wishes to present to the court expert opinion evidence on an issue other than a financial issue,
(a) the parties may present that evidence by means of a jointly appointed expert under Rule 13-4, or
(b) any one or more of the parties may appoint his or her own expert.
Rule 13-4 — Jointly Appointed Experts
(1) When an expert is to be jointly appointed by 2 or more parties under Rule 13-3 (2) or (3) (a), the following must be settled before the expert is appointed:
(a) the identity of the expert;
(b) the issue in the family law case the expert opinion evidence may help to resolve;
(c) any facts or assumptions of fact agreed to by the parties;
(d) for each party, any assumptions of fact not included under paragraph (c) of this subrule that the party wishes the expert to consider;
(e) the questions to be considered by the expert;
(f) when the report must be prepared by the expert and given to the parties;
(g) responsibility for fees and expenses payable to the expert.
(2) If the parties agree on the matters referred to in subrule (1), they must enter into a written agreement that reflects those agreed upon matters and
(a) the agreement must be signed by each party to the agreement or their lawyers,
(b) the agreement must be signed by the expert to signify that he or she
(i) has been made aware of the content of this Part, and
(ii) consents to the appointment reflected in the agreement, and
(c) a copy of the agreement must be served, promptly after signing, on every party to the family law case who is not a party to the agreement.
(3) If the parties do not agree that a joint expert is required or do not agree on any matter relating to the appointment of a joint expert, any party may apply to the court in accordance with Rule 10-5 for an order
(a) appointing a joint expert, and
(b) settling any matter relating to the appointment of the joint expert.
(4) If the court makes an order on an application under subrule (3), the applicant for the order must promptly serve the expert with a copy of the entered order.
(5) Unless the court otherwise orders on an application referred to in subrule (6), a joint expert appointed in relation to an issue, by agreement under subrule (2) or by a court order made on an application under subrule (3), is the only expert who may give expert opinion evidence in the family law case on the issue.
(6) A party wishing to apply under subrule (5) for leave to introduce the evidence of an additional expert at trial must, within 21 days after receipt of the joint expert's report, serve on all parties the documents that under Rule 10-6 (6) are required for the application.
(7) The court may, on an application referred to in subrule (6) of this rule, grant leave for the evidence of an additional expert to be introduced at trial if the court is satisfied that the evidence of that additional expert is necessary to ensure a fair trial.
(8) In assessing whether to grant leave for the evidence of an additional expert to be introduced at trial, the court may consider
(a) whether the parties have fully cooperated with the joint expert and have made full and timely disclosure of all relevant information and documents to the joint expert,
(b) whether the dispute about the opinions of the joint expert may be resolved by requesting clarification or further opinions from that expert, and
(9) All parties must cooperate fully with a joint expert and make full and timely disclosure of all relevant information and documents to the joint expert.
(10) Each party has the right to cross-examine a joint expert at trial.
Rule 13-5 — Appointment of Court's Own Expert
(1) Subject to this rule, the court may, on its own initiative at any stage of a family law case, appoint an expert if it considers that expert opinion evidence may help the court in resolving an issue in the family law case.
(2) In deciding whether to appoint an expert under this rule in relation to an issue in a family law case, the court may
(a) ask each party to name one or more persons who
(i) are qualified to give expert opinion evidence on the issue, and
(ii) have been made aware of the content of this Part and consent to being appointed,
(b) require each party to state any connection between an expert named under paragraph (a) and a party to the family law case, and
(c) receive other material and make other inquiries to help decide which expert to appoint.
(3) The court may appoint an expert under this rule whether or not that expert was named by a party under subrule (2).
(4) The court may appoint an expert under this rule if the expert consents to the appointment after he or she has been made aware of the content of this Part.
(5) In deciding whether to appoint an expert under this rule in relation to an issue in a family law case, the court may consider
(a) the complexity of the issue,
(b) the expense of appointing the expert,
(c) whether the appointment will expedite or delay the trial of the family law case,
(6) The court may appoint an expert under this rule in relation to an issue even if that expert has already given a report to a party on the issue or on another issue in the family law case.
(7) Unless the court otherwise orders, if an expert is appointed under this rule to give expert opinion evidence on an issue, each party has the right to cross-examine the expert.
(8) The court, after consultation with the parties, must
(a) settle the questions to be submitted to any expert appointed by the court under this rule,
(b) give the expert any directions the court considers appropriate, and
(c) give the parties any directions the court considers appropriate to facilitate the expert's ability to provide the required opinion.
(9) The order appointing an expert under this rule must contain the directions referred to in subrule (8) and the court may make additional orders to enable the expert to carry out the directions applicable to him or her, including, on application by a party, an order under Rule 9-5 for
(a) an examination with respect to the physical or mental condition of a party, or
(10) The remuneration of an expert appointed under this rule
(a) must be fixed by the court and consented to by the expert, and
(i) a fee for the report, and any supplementary reports, required under Rule 13-6, and
(ii) an appropriate sum for each day that the expert's attendance in court is required.
(11) The court may make one or both of the following orders, without prejudice to any party's right to costs:
(a) an order directing that the expert's remuneration be paid by the persons and at the time ordered by the court;
(12) An expert appointed under this rule must
(a) prepare a report that complies with Rule 13-6 and send it to the registry, with a copy to each party, within such time as the court directs, and
(b) if the expert's opinion changes in a material way after an expert's report is sent to the registry under paragraph (a), prepare a supplementary report that complies with Rule 13-6 and send it to the registry, with a copy to each party, within such time as the court directs.
(13) Each report and supplementary report of an expert appointed by the court under this rule must be introduced as evidence at the trial of the family law case, unless the trial judge otherwise orders.
(1) An expert's report that is to be introduced as evidence at the trial must be signed by the expert, must include the certification required under Rule 13-2 (2) and must set out the following:
(a) the expert's name, address and area of expertise;
(b) the expert's qualifications and employment and educational experience in his or her area of expertise;
(c) the instructions provided to the expert in relation to the family law case;
(d) the nature of the opinion being sought and the issues in the family law case to which the opinion relates;
(e) the expert's opinion respecting those issues;
(f) the expert's reasons for his or her opinion, including
(i) a description of the factual assumptions on which the opinion is based,
(ii) a description of any research conducted by the expert that led him or her to form the opinion, and
(iii) a list of every document, if any, relied on by the expert in forming the opinion.
[am. B.C. Reg. 119/2010, Sch. B, s. 15.]
(2) The assertion of qualifications of an expert is evidence of them.
(3) Unless the court otherwise orders, at least 84 days before the scheduled trial date, an expert's report, other than the report of an expert appointed by the court under Rule 13-5, must be served on every party, along with written notice that the report is being served under this rule,
(a) by the party who intends, with leave of the court under Rule 13-4 (7) or otherwise, to introduce the expert's report at trial, or
(b) if 2 or more parties jointly appointed the expert, by each party who intends to tender the expert's report at trial.
(4) Unless the court otherwise orders, if a party intends to introduce an expert's report at trial to respond to an expert witness whose report is served under subrule (3), the party must serve on every party, at least 42 days before the scheduled trial date,
(a) the responding report, and
(b) written notice that the responding report is being served under this rule.
(5) If, after an expert's report is served under subrule (3) (b), the expert's opinion changes in a material way,
(a) the expert must, as soon as practicable, prepare a supplementary report and ensure that that supplementary report is provided to the party who served the report under subrule (3), and
(b) the party to whom the supplementary report is provided under paragraph (a) of this subrule must promptly serve that supplementary report on every other party.
(6) If, after an expert's report is served under subrule (3) (a) or (4), the expert's opinion changes in a material way and the party who served the report intends to introduce that expert's report at trial despite the change,
(a) the expert must, as soon as practicable, prepare a supplementary report and ensure that that supplementary report is provided to the party, and
(b) the party must promptly serve that supplementary report on every other party.
(7) A supplementary report under Rule 13-5 (12) or under subrule (5) (a) or (6) (a) of this rule must
(a) be identified as a supplementary report,
(c) include the certification required under Rule 13-2 (2), and
(d) set out the change in the expert's opinion and the reason for it.
(8) Unless the court otherwise orders, if a report of a party's own expert appointed under Rule 13-3 (3) (b) or 13-4 (7) is served under this rule, the party who served the report must,
(a) promptly after being asked to do so by a party, serve on the requesting party whichever one or more of the following has been requested:
(i) any written statement or statements of facts on which the expert's opinion is based;
(ii) a record of any independent observations made by the expert in relation to the report;
(iii) any data compiled by the expert in relation to the report;
(iv) the results of any test conducted by or for the expert, or of any inspection conducted by the expert, if the expert has relied on that test or inspection in forming his or her opinion, and
(b) if asked to do so by a party, make available to the requesting party for review and copying the contents of the expert's file relating to the preparation of the opinion set out in the expert's report,
(i) if the request is made within 14 days before the scheduled trial date, promptly after receipt of that request, or
(ii) in any other case, at least 14 days before the scheduled trial date.
(9) The person who is required to serve the report or supplementary report of an expert under this rule must, promptly after the appointment of the expert or promptly after a trial date has been obtained, whichever is later, inform the expert of the scheduled trial date and that the expert may be required to attend at trial for cross-examination.
(10) A party who receives an expert report or supplementary report under this rule must, on the earlier of the date of the trial management conference and the date that is 21 days before the scheduled trial date, serve on every party a notice of any objection to the admissibility of the expert's evidence that the party receiving the report or supplementary report intends to raise at trial.
(11) Unless the court otherwise orders, if reasonable notice of an objection could have been given under subrule (10), the objection must not be permitted at trial if that notice was not given.
Rule 13-7 — Expert Opinion Evidence at Trial
(1) Unless the court otherwise orders, opinion evidence of an expert, other than an expert appointed by the court under Rule 13-5, must not be introduced at trial unless
(a) that evidence is included in a report of that expert that has been prepared and served in accordance with Rule 13-6, and
(b) any supplementary reports required under Rule 13-5 (12) or 13-6 (5) or (6) have been prepared and served in accordance with Rule 13-6 (5) to (7).
(2) Unless the court otherwise orders, the following apply to a report or supplementary report of an expert:
(a) if, within 21 days after service of the report or within such other period as the court may order, a demand is made under subrule (3) of this rule that the expert who made the report attend at trial for cross-examination, the report must not be introduced or accepted as evidence at the trial unless the appointing party calls the expert at trial to be cross-examined in compliance with the demand;
(b) if no such demand is made under subrule (3) within the demand period referred to in paragraph (a) of this subrule,
(i) the expert whose report has been served under this Part need not attend at trial to give oral testimony, and
(ii) the report, if admissible, may be introduced and accepted as evidence at the trial.
(3) A party may demand that an expert whose report has been served on the parties under Rule 13-6 attend at the trial for cross-examination as follows:
(a) if the expert was jointly appointed under Rule 13-3 (2) or (3) (a) or was appointed by the court under Rule 13-5, any party may, within the demand period referred to in subrule (2) (a) of this rule, demand the attendance of the expert for cross-examination by that party or by any of the other parties;
(b) if the expert was appointed by a party under Rule 13-3 (3) (b) or 13-4 (7), any party who is adverse in interest to the party who appointed that expert may, within the demand period referred to in subrule (2) (a) of this rule, demand the attendance of the expert for cross-examination.
(4) If an expert has been required to attend at trial for cross-examination by a demand under subrule (3) and the court is of the opinion that the cross-examination was not of assistance, the court may order the party who demanded the attendance of the expert to pay to the other party or to the expert costs in an amount the court considers appropriate.
(5) Unless the court otherwise orders, if a party appoints his or her own expert under Rule 13-3 (3) (b) or 13-4 (7)
(a) the party must not call the expert to give oral evidence at trial unless
(i) the expert's attendance has been demanded under subrule (3) of this rule, or
(ii) the expert's report has been served in accordance with Rule 13-6, the party believes direct examination of the expert is necessary to clarify terminology in the report or to otherwise make the report more understandable and any direct examination of that expert is limited to those matters, and
(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
(a) facts have come to the knowledge of one or more of the parties and those facts could not, with due diligence, have been learned in time to be included in a report or supplementary report and served within the time required by this Part,
(b) the non-compliance is unlikely to cause prejudice
(i) by reason of an inability to prepare for cross-examination, or
(ii) by depriving the party against whom the evidence is introduced of a reasonable opportunity to introduce evidence in response, or
(1) This Part applies to
(a) a family law case started by a notice of family claim, and
(b) a family law case that is transferred to the trial list under Rule 10-3 (7) (d).
Division 2 — Setting a Family Law Case for Trial
Rule 14-2 — How to Set Trial for Hearing
(1) To set a family law case for trial, a party must file a notice of trial in Form F44.
(2) A notice of trial filed under subrule (1) must include the date reserved at a judicial case conference for the trial or, if no trial date was reserved at a judicial case conference, the trial date obtained from the registry.
[en. B.C. Reg. 119/2010, Sch. B, s. 16.]
(3) The notice of trial must be filed in
(a) the registry where the document that started the family law case was filed unless paragraph (b) applies, or
(b) the registry to which the family law case has been transferred if the family law case has been transferred for all purposes to another registry.
(4) The place of trial must be the place named in the notice of family claim, if any, but the court may order that the place of trial be changed or that the trial be heard partly in one place and partly in another.
(5) Promptly after a notice of trial has been filed, the claimant, or such other party as may be ordered by the court, must serve a copy of the filed notice of trial on all parties.
(6) If a party on whom a notice of trial is served under subrule (5) objects to the trial date set out in that notice of trial, the party must, within 21 days after service of the notice of trial, apply to the court to have the trial rescheduled.
(7) The trial is to be heard on the day appointed by the notice of trial or so soon after that day as may be convenient to the court.
(8) The court may
(a) order the adjournment of a trial,
(b) fix the date of trial of a family law case,
(c) fix the date of trial of an issue in a family law case, or
(9) Each party to a family law case that has been set for trial must advise the registry without delay
(a) if the family law case settles, and
(b) of any circumstances affecting the estimated length of the trial.
Rule 14-3 — 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.
(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. B, s. 1 (a).]
(3) Unless the court otherwise orders, each party attending a trial management conference must, at least 7 days before the date set for the trial management conference,
(4) Unless the court otherwise orders, the following persons must attend a trial management conference in person:
(a) each lawyer representing a party or a child;
(b) subject to the exception set out in subrule (6), the parties.
(5) If a person who, under subrule (4), is required to attend a trial management conference fails to appear at that trial management conference, the trial management conference judge or master may do one or more of the following:
(a) proceed in the absence of the person who failed to appear;
(b) adjourn the trial management conference;
(c) order that the person, or the party on whose behalf the person was to attend, pay costs to one or more other parties.
[am. B.C. Reg. 58/2012, Sch. B, s. 1 (b).]
(6) A party 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:
(i) has full authority to make decisions for that party concerning the family law case, or
(ii) has ready access to a person who has, or to a group of persons who collectively have, full authority to make decisions for that party concerning the family law case.
(7) 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 F17,
(b) must be supported by a letter signed by the person or the person's lawyer setting out the reasons why the order is sought, and
(c) unless the court otherwise orders, may be made without notice.
(8) Proceedings at a trial management conference must be recorded, but no part of that recording may be made available to or used by any person without court order.
(9) The judge or master presiding at a trial management conference may consider the following and, without limiting the ability of the trial judge or master to make other orders at trial, may, whether or not on the application of a party, make orders respecting one or more of the following:
(a) directing the parties to attend a settlement conference;
(b) amendment of a pleading within a fixed time;
(c) a plan for how the trial should be conducted;
(d) admissions of fact at trial;
(e) admission of documents at trial, including
(i) agreements as to the purposes for which documents may be admitted, and
(ii) the preparation of common books of documents and document agreements;
(f) imposing time limits for the direct examination or cross-examination of witnesses, opening statements and final submissions;
(g) directing that a party provide a summary of the evidence that the party expects one or more of the party's witnesses will give at trial;
(h) directing that evidence of witnesses be presented at trial by way of affidavit;
(i) respecting experts, including, without limitation, orders that the parties' experts must, before the service of their respective reports, confer to determine and report on those matters on which they agree and those matters on which they do not agree;
(j) directing that the parties present opening statements and final submissions in writing;
(l) directing that the number of days reserved for the trial be changed;
(m) adjourning the trial management conference;
(n) directing the parties to attend a further trial management conference at a specified date and time;
(o) any other matter that may assist in making the trial more efficient;
(p) any other matter that may aid in the resolution of the family law case;
(q) any orders the judge or master considers will further the object of these Supreme Court Family Rules.
[am. B.C. Reg. 58/2012, Sch. B, s. 1 (b).]
(10) Without limiting Rule 15-1 (4), 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. B, s. 1 (b).]
(11) A trial management conference judge or master must not, at a trial management conference,
(a) hear any application for which affidavit evidence is required, or
(b) make an order for final judgment, except by consent.
[am. B.C. Reg. 58/2012, Sch. B, s. 1 (b).]
(1) The party who files a notice of trial must file a trial record for the court, which trial record must contain
(a) the notice of family claim and each response to family claim, counterclaim and response to counterclaim,
(b) particulars served under a demand, together with the demand made,
(c) the most current Form F8 financial statement, if any, filed by each party,
(d) any order relating to the conduct of the trial, and
(e) any document required by a registrar under subrule (2).
[am. B.C. Reg. 119/2010, Sch. B, s. 17.]
(2) A registrar may direct inclusion in the trial record of any document the registrar thinks necessary or may reject a trial record that, in the registrar's opinion,
(a) does not contain all the documents required under subrule (1),
(b) contains a document that is not a document required under subrule (1), or
(3) The party referred to in subrule (1) must
(a) file the trial record at least 14 days before but not more than 28 days before the scheduled trial date, and
(b) promptly after filing, serve a copy of the filed trial record on all parties.
(4) If the whole or any part of, including any Schedule to, a pleading is amended after service of the trial record, the party who filed the notice of trial must
(a) amend the trial record by substituting the amended pleading for the version of the pleading that had previously been included, and
(b) at least one day before the trial,
(5) A party to a family law case in which a claim for divorce, nullity or judicial separation is made must not file
(b) a notice of application under Rule 11-3, or
(c) a requisition in an application for judgment under Rule 10-10 (1) (a)
unless a party has filed a certificate in Form F36, signed by the registrar, certifying that the pleadings and proceedings in the family law case are in order.
(6) If the court directs that a family law case be set down for trial, it may also direct one of the parties to prepare, file and serve a trial record.
(1) Each party must file a trial certificate in Form F46 in the registry where the trial is to be held.
(2) A trial certificate must be filed at least 14 days before but not more than 28 days before the scheduled trial date.
(3) A trial certificate must contain the following:
(a) a statement that the party filing the trial certificate will be ready to proceed on the scheduled trial date;
(b) a statement certifying that the party filing the trial certificate has completed all examinations for discovery that the party intends to conduct;
(c) the party's current estimate of the length of the trial;
(d) a statement that a trial management conference has been conducted in the family law case.
[am. B.C. Reg. 119/2010, Sch. B, s. 18.]
(4) Promptly after filing a trial certificate, the filing party must serve a copy of the filed trial certificate on all parties.
(5) Unless the court otherwise orders, if no party files a trial certificate, the trial must be removed from the trial list.
[am. B.C. Reg. 95/2011, Sch. B, s. 2.]
(6) A party who fails to file a trial certificate under subrule (1) is not, without leave of the court, entitled to make further applications.
(1) A trial must be heard by the court without a jury.
(2) The court may order that one or more questions of fact or law be tried and determined before the others.
Rule 14-7 — Evidence and Procedure at Trial
(1) This rule does not apply to summary trials under Rule 11-3, except as provided in that rule.
Proof of Facts and Documents
(2) An order made under this rule concerning the mode of proving a fact or document or of introducing evidence may be revoked or varied by a subsequent order made at or before the trial.
(3) If a party omits or fails to prove some fact material to the party's case, the court may proceed with the trial, subject to that fact being afterwards proved as the court directs, and, unless the court otherwise orders, judgment must be entered according to whether or not that fact is or is not afterwards proved as directed.
No Evidence and Insufficient Evidence Applications
(4) At the close of the claimant's case, the respondent may apply to have the family law case dismissed on the ground that there is no evidence to support the claimant's case.
(5) A respondent is entitled to apply under subrule (4) without being called on to elect whether or not to call evidence.
(6) At the close of the claimant's case, the respondent may apply to have the family law case dismissed on the ground that the evidence is insufficient to make out the claimant's case.
(7) Unless the court otherwise orders, an application under subrule (6) may be made only after the respondent has elected not to call evidence.
Documentary and Other Exhibits
(8) By serving a notice in Form F47 at least 2 days before a trial, a party may require any other party to bring to the trial
(a) any document listed by the other party in a list of documents prepared under Rule 9-1, and
(b) any physical object in the other party's possession or control that the party serving the notice contemplates introducing at the trial as an exhibit, but the notice must identify the object.
(9) If a copy of a document is introduced as an exhibit,
(a) each page of the exhibit must be numbered sequentially, beginning with the first page of the exhibit and ending with the last page of the exhibit, or
(b) if the exhibit is divided by tabs,
(i) each page of the exhibit that is not behind a tab must be numbered sequentially, beginning with the first of those pages and ending with the last of those pages, and
(ii) each page of the exhibit that is behind a tab must be numbered sequentially, beginning with the first page behind the tab and ending with the last page behind the tab.
(10) Unless the court otherwise orders or the parties otherwise agree, no plan, photograph or object may be received in evidence at the trial of a family law case unless, at least 7 days before the start of the trial, the parties have been given an opportunity to inspect it.
(11) A registrar must
(a) take charge of each document or object put in as an exhibit,
(b) mark or label each exhibit with a number, and
(c) make a list of the exhibits, giving a short description of each and stating by whom it was introduced.
(12) Subject to subrule (13), after the time for appeal from judgment has expired or after the disposition of an appeal, new trial or further appeal, whichever is latest, a registrar may return an exhibit to the party who introduced it.
(13) The parties may agree or the court may order that an exhibit be returned at an earlier time or to a person other than the party who introduced it.
(14) A registrar may, with the approval of the Deputy Attorney General, destroy or otherwise dispose of an exhibit introduced in evidence in a family law case if the return of the exhibit has not been applied for within one year after the later of
(a) the date of the judgment at trial in, or any other final disposition of, the family law case, and
(b) the date of the judgment on, or any other final disposition of, any appeal, new trial or further appeal.
(15) If an exhibit is introduced in evidence in a family law case and nothing is filed in that family law case for a period of 2 years, a registrar may notify the parties that the registrar intends to destroy or otherwise dispose of the exhibit unless, within 30 days after the date of the notice,
(a) an application is made for the return of the exhibit, or
(b) a notice of intention to proceed in Form F48 is served on all parties and a copy of the notice and proof of its service is filed in the family law case.
(16) After giving notice of the intended destruction or disposition of an exhibit under subrule (15) a registrar may,
(a) if, within 30 days after the date of the notice, a person applies to the registrar for a return of the exhibit, return the exhibit to the party who introduced it or to such other person as the parties may agree or the court may order, or
(b) if no such application is made and if none of the parties comply with subrule (15) (b) within 30 days after the date of the notice, destroy or otherwise dispose of the exhibit with the approval of the Deputy Attorney General.
(17) If an exhibit is disposed of under subrule (14) or (16) (b),
(a) any money received as a result of the disposition must be paid to the Minister of Finance, and
(b) the exhibit list must be endorsed to indicate the date and method of disposition and the amount of any money recovered.
(18) If an exhibit is destroyed under subrule (14) or (16) (b), the exhibit list must be endorsed to indicate the date and method of destruction.
Adverse Witnesses
(19) For the purpose of subrules (19) to (22), "adverse party" means a party who is adverse in interest.
(20) Subrules (21) to (24) apply if a party wishes to call as a witness at the trial
(b) a person who, at the time the notice referred to in subrule (21) is served, is a director, officer, partner, employee or agent of an adverse party.
(21) If a party wishes to call as a witness a person referred to in subrule (20) (a) or (b), the party must serve on the adverse party a notice in Form F49 together with proper witness fees at least 7 days before the date on which the attendance of the intended witness is required.
(22) Despite subrule (21), a party may
(a) call as a witness, without payment of witness fees or previous notice, a person referred to in subrule (20) (a) or (b) if the person called is in attendance at the trial, or
(b) subpoena a person referred to in subrule (20) (a) or (b).
(23) The court may set aside a notice served under subrule (21) on the grounds that
(a) the adverse party is unable to procure the attendance of the person named in the notice,
(b) the evidence of the person is unnecessary,
(c) it would work a hardship on the person or the adverse party to require the person to attend the trial, or
(d) the person named in the notice is not a person referred to in subrule (20) (a) or (b).
(24) On an application under subrule (23), the court may make any order it considers will further the object of these Supreme Court Family Rules, including, without limitation, an order adjourning the trial.
(25) If a person called as a witness in accordance with subrule (21) or (22) refuses or neglects to attend at the trial, to be sworn or to affirm, to answer a proper question put to the person or to produce a document that the person is required to produce, the court may do one or more of the following:
(a) grant judgment in favour of the party who called the witness;
(c) make an order as to costs;
(d) make any other order it considers will further the object of these Supreme Court Family Rules.
(26) If, in accordance with subrule (21) or (22), a party calls as a witness a person referred to in subrule (20) (a) or (b), the following apply:
(a) the party calling the witness is entitled to cross-examine the witness generally on one or more issues;
(b) the adverse party must not cross-examine the witness except to obtain an explanation of matters brought out in the examination-in-chief;
(c) other parties may cross-examine the witness generally on one or more issues, as the court may direct;
(d) the party calling the witness must not re-examine the witness except in relation to new matters brought out in cross-examination.
Rules Applicable to All Witnesses
(27) Subject to any enactment and these Supreme Court Family Rules,
(a) a witness at a trial of a family law case must testify in open court, and
(b) unless the parties otherwise agree, the witness must testify orally.
(28) Unless the court otherwise orders, a party must not, at trial, lead evidence from a witness unless that witness is listed in the witness list set out in the trial brief.
(29) The court may permit a party
(a) to examine a witness, either generally or with respect to one or more issues,
(i) by the use of leading questions,
(ii) by referring the witness to a prior statement made by the witness, whether or not made under oath,
(iii) respecting the interest of the witness, if any, in the outcome of the family law case, or
(iv) respecting any relationship or connection between the witness and a party, or
(b) to cross-examine a witness, either generally or with respect to one or more issues.
(30) A party may contradict or impeach the testimony of any witness.
(31) A party may prepare a subpoena and serve it on any person.
(32) A subpoena must be in Form F23 and may contain any number of names.
(33) A subpoena need not be filed in or bear the seal of the court.
(34) A subpoena must be served and, if an affidavit is filed for the purpose of proving the service, the affidavit must state when, where, how and by whom service was effected.
(35) A person served with a subpoena is entitled to tender of the proper fees at the time of service.
(36) A party, by subpoena in Form F23, may require any person other than a party or a representative of a party to bring to the trial
(a) any document in the person's possession or control relating to the matters in question in the family law case, without the necessity of identifying the document, and
(b) any physical object in the person's possession or control that the party contemplates introducing at the trial as an exhibit, but the subpoena must identify the object to be brought.
(37) The court may order the attendance of a witness who is in the lawful custody of another person, including the custodian of a penal institution.
(38) On proof
(a) of the service of a subpoena on a witness who fails to attend or to remain in attendance in accordance with the requirements of the subpoena,
(b) that proper witness fees have been paid or tendered to that witness, and
(c) that the presence of that witness is material to the ends of justice,
the court, by its warrant in Form F50 directed to a sheriff or other officer of the court or to a peace officer, may cause that witness to be apprehended and promptly brought before the court and to be detained in custody or released on terms the court may order, and the court may order that witness to pay the costs arising from his or her failure to attend or to remain in attendance.
(39) A person who has been served with a subpoena may apply to the court for an order setting aside the subpoena on the grounds that compliance with it is unnecessary or that it would work a hardship on the person, and the court may make any order, as to postponement of the trial or otherwise, it considers will further the object of these Supreme Court Family Rules.
Deposition Evidence
(40) A transcript or video recording of a deposition under Rule 9-7 may be given in evidence at the trial by any party and, even though the deposition of a witness has or may be given in evidence, the witness may be called to testify orally at the trial.
(41) If a video recording of a deposition is given in evidence under subrule (40) of this rule, a transcript of the deposition may also be given.
(42) If a transcript of a deposition is certified as an accurate transcription by the person taking the deposition, the transcript may be introduced in evidence without proof of the signature of that person.
(43) A video recording of a deposition may be introduced in evidence without proof of its accuracy or completeness, but the court may order an investigation to verify the accuracy or completeness of the video recording.
(44) A video recording of a deposition introduced in evidence becomes an exhibit at the trial.
(45) If a transcript or video recording of a deposition is given in evidence,
(b) the deposition must be presented in full, unless otherwise agreed by the parties or ordered by the court.
Evidence from Examinations for Discovery
(46) If otherwise admissible, the evidence given on an examination for discovery by a party or by a person examined under Rule 9-2 (5) to (9) may be introduced in evidence at trial by any party adverse in interest, unless the court otherwise orders, but the evidence is admissible against the following persons only:
(a) the adverse party who was examined;
(b) the adverse party whose status as a party entitled the examining party to conduct the examination under Rule 9-2 (5) to (9).
(47) If a person examined for discovery was, at the time of the examination, a former director, officer, employee, agent or external auditor of a party, any part of his or her evidence may be introduced at trial if notice has been served on all parties at least 14 days before trial specifying the part of the evidence intended to be given at trial.
(48) Any party may require the attendance at trial of a person whose evidence taken on examination for discovery is intended to be introduced under subrule (47), and, if the evidence is introduced, all parties may cross-examine that person.
(49) If part of an examination for discovery is introduced in evidence, the court may review the whole of that examination and if, following the review, the court considers that another part of the examination is closely connected with the part introduced in evidence, it may direct that the other part be introduced as evidence.
(50) If, at the time of an examination for discovery, the person examined was an infant or a mentally incompetent person, the examination must not be introduced in evidence unless the trial judge, at the time the evidence is introduced, determines that the person, at the time of the examination, was competent to give evidence.
(51) If a transcript of an examination for discovery is certified as an accurate transcription by the official reporter, the transcript may be introduced in evidence without proof of the reporter's signature.
Pre-trial Examinations
(52) A party may introduce in evidence at the trial all or part of the examination of a person taken under Rule 9-4
(a) to contradict or impeach the testimony of the person at trial, or
(b) if it is necessary in the interests of justice and
(ii) the person is unable to attend and testify because of age, infirmity, sickness or imprisonment,
(53) If part of an examination of a person taken under Rule 9-4 is introduced in evidence, the court may review the whole of that examination and if, following the review, the court considers that another part of the examination is so closely connected with the part introduced in evidence that the last mentioned part ought not to be used without the other part, it may direct that the other part be introduced as evidence.
Transcripts and Interrogatories
(54) If a witness is dead, or is unable to attend and testify because of age, infirmity, sickness or imprisonment or is out of the jurisdiction or his or her attendance cannot be secured by subpoena, the court may permit a transcript of any evidence of that witness taken in any proceeding, hearing or inquiry at which the evidence was taken under oath, whether or not involving the same parties, to be put in as evidence, but reasonable notice must be given of the intention to give that evidence.
(55) In a family law case in which evidence or argument is taken down by an official reporter or is recorded digitally or on audio tape, it is the duty of the claimant, if required by the court, to furnish the court with a certified transcript of the evidence or argument or any portion of it, the costs of which form part of the costs of the family law case, but if payment of the costs of providing a transcript would be a hardship on a party, the court may order that the transcript be prepared at the expense of the government.
(56) At a trial, a party may object to the admissibility of any question and answer in a transcript or video recording introduced in evidence, although no objection was taken at the examination.
(57) If a transcript is made of a deposition examination, examination for discovery or pre-trial examination of a witness, the party at whose instance the examination was held must keep the original transcript unmarked and must have it available at the trial.
(58) At the trial of a family law case, a party may give in evidence an answer, or part of an answer, to interrogatories, but the court may look at the whole of the answers and, if it is of the opinion that any other answer or part of an answer is so connected with an answer or part of it given in evidence that the one ought not to be used without the other, it may direct that the other answer or part of it be put in as evidence.
Evidence Given by Affidavit
(59) On the application of a party at or before trial, a judge or master may order that the evidence in chief of a witness may be given by affidavit.
(60) A party seeking to introduce evidence by affidavit must serve a copy of the affidavit on all parties at least 28 days, or such lesser period as may be ordered by the court, before the application referred to in subrule (59).
(61) If a copy of an affidavit of a witness is served under subrule (60), any party may, unless the court otherwise orders, require the witness to be called for cross-examination at trial, provided that that party gives to the party seeking to introduce the evidence by affidavit notice of the requirement within 14 days after receiving the affidavit.
(62) If a copy of an affidavit is served under subrule (60) less than 28 days before the application referred to in subrule (59), the court may extend or abridge the time referred to in subrule (61) within which parties may require the attendance of the witness at trial for cross-examination.
(63) The person swearing or affirming an affidavit referred to in subrule (59) may state only what he or she would be permitted to state were the evidence to be given orally.
(64) Cross-examination under subrule (61) or (62) is not confined to matters contained in the affidavit.
(65) If a witness has been required to give evidence under subrule (61) or (62), and the court is of the opinion that the evidence obtained does not materially add to the information in the affidavit furnished under subrule (60), the court may order the party that required the attendance of the witness to pay, as costs, an amount the court considers appropriate.
Trial Procedures
(66) The court may at any time order a trial to be heard wholly or partially by the court sitting with an assessor, and the court may fix the remuneration for the assessor and the remuneration forms part of the costs of the family law case.
(67) The court may order that one or more questions of fact or law arising in a family law case be tried and determined before the others.
(68) The court may order that different questions of fact arising in a family law case be tried by different modes of trial.
(69) In a family law case in which it appears that the amount to be recovered is substantially a matter of calculation, the court may direct an inquiry, assessment or accounting under Rule 18-1.
(70) If authorized by the court to do so, a party may use a recording device to record evidence.
(71) At or before a trial, the court may order that evidence of a fact or document may be presented at the trial in any manner, including
(a) by statement on oath of information and belief,
(b) by documents or entries in books,
(c) by copies of documents or entries in books, or
(d) by a specified publication that contains a statement of that fact.
(72) Addresses to the court must be as follows:
(a) the party on whom the onus of proof lies may open his or her case before giving evidence;
(b) at the close of the case of the party who began, the opposite party, if that party announces his or her intention to give evidence, may open his or her case;
(c) at the close of all of the evidence, the party who began may address the court, and the opposite party may then address the court and the party who began may then reply and the court may allow the opposite party to be heard in response to a point raised in the reply;
(d) if a respondent claims relief against another respondent, that respondent may address the court after that other respondent;
(e) if a party is represented by a lawyer, the rights conferred by this rule must be exercised by the party's lawyer.
(73) At or before a trial, the court may make one or both of the following orders in respect of a party's submissions to the court at the trial:
(a) an order that all or any part of the submissions be in writing;
(b) an order that all or any part of the submissions be of limited length.
(74) On each day of a trial, the clerk must record the following:
Failure to Attend
(75) Without limiting any other power of the court under these Supreme Court Family Rules, if no party is in attendance when the trial of a family law case is called, the family law case must be struck off the trial list unless the court otherwise orders.
(76) If a party is not in attendance when the trial of a family law case is called, the court may proceed with the trial, including hearing a counterclaim, in the absence of that party.
(77) The court may set aside a verdict or judgment obtained if a party does not attend the trial.
Part 15 — Court Orders and Their Enforcement
(1) Unless these Supreme Court Family Rules otherwise provide, an order must be in the following form:
(a) if the order is a final order,
(i) in Form F33 if the order changes, suspends or terminates a final order and is made by consent,
(ii) in Form F51 if the order changes, suspends or terminates a final order and is not made by consent,
(iii) in Form F34 if the order is made under Rule 10-8 without notice and without a hearing, or
(iv) in Form F52 in any other case;
(b) if the order is not a final order and is made without a hearing and by consent, in Form F33;
(c) if the order is not a final order and is made under Rule 10-8 without notice and without a hearing, in Form F34;
(d) Repealed. [B.C. Reg. 133/2012, s. 20 (b).]
(d.1) if the order is a protection order under section 183 of the Family Law Act, in Form F54;
(d.2) if the order is a change of a protection order under section 187 of the Family Law Act, in Form F54.1;
(d.3) if the order is a restraining order under section 46 of the Family Maintenance Enforcement Act, in Form F54.2;
(d.4) if the order is made under Rule 7-1 (15) at a judicial case conference, in Form F51.1;
(e) for any order not referred to in paragraph (a), (b), (c), (d.1), (d.2) or (d.3), in Form F51.
[en. B.C. Reg. 119/2010, Sch. B, s. 19; am. B.C. Regs. 133/2012, s. 20 (a) and (b); 104/2015, s. 1 (a).]
(2) A protection order under section 183 or 187 of the Family Law Act, or a restraining order under section 46 of the Family Maintenance Enforcement Act, must not include any provisions respecting matters that are not directly related to the matters set out in those sections.
[en. B.C. Reg. 133/2012, s. 20 (c).]
(3) An order of the court
(a) subject to subrules (16) and (16.1), may be drawn up by any party,
(b) subject to subrule (4) and paragraph (c) of this subrule, must, unless the court otherwise orders or the order is one referred to in subrule (1) (d.1), (d.2) or (d.3), be approved in writing by all parties or their lawyers,
(c) need not be approved by a party who has not consented to it and who did not attend or was not represented at the trial or hearing following which the order was made, and
(d) after approval under this rule, must be left with a registrar to have the seal of the court affixed.
[am. B.C. Regs. 121/2014, s. 9; 104/2015, s. 1 (b).]
(4) 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.
(5) If an order has been made substantially in the same terms as requested, and if the court endorses the notice of application, petition or other document to show that the order has been made or made with any variations or additional terms shown in the endorsement, it is not necessary to draw up the order, but the endorsed document must be filed.
(6) If an order may be entered on the filing of a document, the party seeking entry of the order must file the document when leaving the draft order with a registrar, and the registrar must examine the document and, if satisfied that it is sufficient, must enter the order accordingly.
(7) If a person who has obtained an order on condition does not comply with the condition, the person is deemed to have abandoned the order so far as it is beneficial to the person and, unless the court otherwise orders, any other person interested in the family law case may take either the steps the order may warrant or the steps that might have been taken if the order had not been made.
(8) An order of a single judge or master is an order of the court.
(9) An order
(a) must be dated as of the date on which it was pronounced or, if made by a registrar, as of the date on which it is signed by the registrar, and
(b) unless the court otherwise orders, takes effect on the day of its date.
(10) An order may be approved by any judge.
(11) A consent order must not be entered unless the consent of each party affected by the order is signified as follows:
(a) if the party is represented by a lawyer, by the signature of the lawyer;
(b) if the party is not represented by a lawyer,
(i) by the oral consent of the party who attends before the court or a registrar, or
(12) An order must be settled, when necessary, by a registrar, who may refer the draft to the judge or master who made the order.
(13) A party may file an appointment in Form F55 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 (3) at least one day before the time fixed by the appointment.
(14) If a party fails to attend at the time appointed for the settlement of an order, a registrar may settle the order in the party's absence.
(15) The court may review and vary the order as settled.
(16) The court may direct a registrar to draw up and enter an order.
(16.1) Unless the court otherwise orders, an order referred to in subrule (1) (d.1) or (d.2) must be drawn up and entered by a registrar.
[en. B.C. Reg. 104/2015, s. 1 (c).]
(17) The court may give special directions respecting the entry or service of an order.
(18) The court may at any time correct a clerical mistake in an order or an error arising in an order from an accidental slip or omission, or may amend an order to provide for any matter that should have been but was not adjudicated on.
(19) The opinion, advice or direction of the court must be entered in the same manner as an order of the court and is to be termed a "judicial opinion", "judicial advice" or "judicial direction", as the case may require.
(20) When making an order under these Supreme Court Family Rules, the court may impose terms and conditions and give directions it considers will further the object of these Supreme Court Family Rules.
(0.1) This rule does not apply to a divorce under Part 2 of the Civil Marriage Act (Canada).
[en. B.C. Reg. 4/2016, s. 2.]
(1) A divorce order must not be granted unless the court is satisfied that no earlier divorce proceeding is ongoing anywhere in Canada.
(2) If a claim is made for divorce together with one or more other claims, the court may do one or more of the following:
(a) grant a divorce and direct that an order for divorce alone be entered;
(b) adjourn the hearing of the claim for divorce;
(c) grant judgment on the other claims and direct that a separate order dealing with them be entered;
[Rule 15-1 (1) (a) (iv) provides that the form of a divorce order must be in Form F52.]
(3) The certificate of divorce referred to in section 12 (7) of the Divorce Act must be in Form F56 and may be signed and issued by the registrar.
(4) Unless the court otherwise orders, a party who has submitted for entry an order for divorce must, promptly after the order is entered,
(a) serve a copy of the entered order on each of the parties who has an address for service, and
(b) if any of the parties does not have an address for service, mail a copy of the entered order to that party's last known address.
Rule 15-2.1 — Guardianship Orders
(1) When an order is sought appointing a person as the guardian of one or more children, the applicant must
(a) file with the court an affidavit in Form F101 that complies with subrule (4) and serve a copy of that filed affidavit on the other parties and on any other person who may be affected by the orders sought, and
(b) provide to the court any other evidence the court considers necessary.
[A person who is a guardian within the meaning of section 39 of the Family Law Act does not need to apply for guardianship and does not need to file the Form F101 affidavit referred to above.]
[en. B.C. Reg. 41/2013, s. 8.]
(2) The court may make an interim order for guardianship without an affidavit in Form F101 having been filed if the court is satisfied that it is in the best interests of the child that an interim guardianship order be made before that affidavit is filed.
[en. B.C. Reg. 41/2013, s. 8.]
(3) An interim order under subrule (2) must expire within 90 days after the date of pronouncement unless renewed by the court.
[en. B.C. Reg. 41/2013, s. 8.]
(4) Unless the court otherwise orders,
(a) an affidavit referred to in subrule (1) must be sworn or affirmed
(i) not more than 28 days before the date set for the hearing at which the order referred to in that subrule is sought, or
(ii) if the order is sought without a hearing, not more than 7 days before the date on which the materials in support of the application are filed, and
(b) any records check, criminal records check or protection order records check attached as an exhibit to the affidavit must be dated
(i) not more than 60 days before the date set for the hearing at which the order referred to in subrule (1) is sought, or
(ii) if the order is sought without a hearing, not more than 60 days before the date on which the materials in support of the application are filed.
[en. B.C. Reg. 41/2013, s. 8.]
(5) Unless the court otherwise orders, if the swearing or affirmation of, and the date of the record checks exhibited to, a Form F101 affidavit referred to in subrule (1) are in compliance with the requirements of subrule (4) (a) (i) and (b) (i), as those requirements relate to the date originally set for the hearing at which the order referred to in subrule (1) is sought, the following apply if that hearing is adjourned:
(a) if the hearing is adjourned to a date that is not more than 14 days after the date originally set for the hearing, the following apply:
(i) if there has been no material change in any of the information contained in the Form F101 affidavit, the applicant may rely on that affidavit whether or not it complies with the requirements of subrule (4) (a) (i) and (b) (i) in relation to the new date set for the hearing;
(ii) if there has been a material change in any of the information contained in the Form F101 affidavit, the applicant must promptly file a new affidavit setting out the material change and serve a copy of that filed new affidavit on each of the parties and on every other person who may be affected by the orders sought;
(b) if the hearing is adjourned to a date that is more than 14 days after but not more than 6 months after the date originally set for the hearing, the applicant must, at least 7 days before the new date set for the hearing,
(i) if there has been no material change in any of the information contained in the Form F101 affidavit, file a new affidavit confirming that fact and serve a copy of that filed new affidavit on each of the parties and on every other person who may be affected by the orders sought, or
(ii) if there has been a material change in any of the information contained in the Form F101 affidavit, file a new affidavit setting out the material change and serve a copy of that filed new affidavit on each of the parties and on every other person who may be affected by the orders sought;
(c) if the hearing is adjourned to a date that is more than 6 months after the date originally set for the hearing, the applicant must, at least 14 days before the new date set for the hearing, file a new affidavit in Form F101 that complies with the requirements of subrule (4) (a) (i) and (b) (i) in relation to the new date set for the hearing and serve a copy of that filed new affidavit on each of the parties and on every other person who may be affected by the orders sought.
[en. B.C. Reg. 41/2013, s. 8.]
Rule 15-3 — Provisional and Extra-Provincial Orders
(1) A provisional order made by the court under section 18 (2) of the Divorce Act must show on its face that
(a) it is a provisional order, and
(b) it has no legal effect until it is confirmed in accordance with the applicable statutory provisions.
(2) The Attorney General must send all copies of a provisional order and other documents received from the Attorney General of another province under section 18 (4) of the Divorce Act to the registrar of the registry
(a) in which the original order changed by the provisional order was entered, or
(b) if the original order was not made in British Columbia, nearest to the place of residence of the respondent as shown in the documents.
(3) Unless section 19 (3) of the Divorce Act applies, the registrar to whom documents referred to in subrule (2) are sent must
(a) serve on the respondent in the change proceeding
(i) a copy of the documents, and
(ii) notice of the date of the hearing to confirm the provisional order, and
(b) ensure that notice of the date of hearing is sent to the applicant in the change proceeding by ordinary mail addressed to the applicant's last known address.
(4) If an order that has legal effect throughout Canada under section 20 (2) of the Divorce Act is made by a court other than the Supreme Court, the order may be registered without fee by filing a certified copy of the order in the Victoria Registry of the Supreme Court.
[Section 20 of the Divorce Act refers to any order for support or custody made under that Act.]
(5) The registrar of the court must, on request or if the court is required to do so by section 17 (11) of the Divorce Act, and without a fee, send a certified copy of a custody order, support order or change order made by the court
(a) to the registrar of a court in another province or to any person holding an equivalent position to that of registrar in relation to that court,
(b) to a public welfare organization in another province, or
(c) to any person designated by the Attorney General of another province.
(6) A support order made by the court or registered under subrule (4) may be filed in and enforced by the Provincial Court as if it were contained in an order of that court made under the Family Law Act.
[am. B.C. Reg. 133/2012, s. 5.]
Rule 15-4 — Enforcement of Orders
(1) An order for the payment of money to a person may be enforced by writ of seizure and sale in Form F57.
(2) An order for the payment of money into court may be enforced by writ of sequestration in Form F58.
(3) An order for the recovery or the delivery of the possession of land may be enforced by writ of possession in Form F59.
(4) An order for the recovery or the delivery of the possession of any property other than land or money may be enforced by writ of delivery in Form F60 or F61or by writ of sequestration in Form F58.
(5) An order may be enforced by the appointment of a receiver under Rule 12-2.
(6) A person not a party to a family law case, who obtains an order or in whose favour an order is made, may enforce the order in the same manner as if the person were a party to the family law case, and an order that may be enforced against a person not a party to a family law case may be enforced against that person as if he or she were a party to the family law case.
(7) If a mandatory order or an order for the specific performance of a contract is not obeyed, the court, in addition to or instead of proceeding against the disobedient person for contempt, may direct that the act required to be done may be done so far as is practicable by the person who obtained the order, or by some other person appointed by the court, at the expense of the disobedient person, and on the act being done, the expenses incurred may be ascertained in such manner as the court may direct, and execution may issue for the amount so ascertained and costs.
(8) If an order is to the effect that a person is entitled to relief subject to or on compliance with a condition or the happening of a contingency, the person so entitled, after compliance with the condition or the happening of the contingency, and after demand is made on the person against whom he or she is entitled to relief, may apply to the court for leave to issue execution.
(9) The court, if satisfied that the right to relief referred to in subrule (8) has arisen, may
(a) order that execution issue, or
(b) direct that any issue or question necessary for the determination of the rights of the persons be tried.
(10) If a change has taken place, by death or otherwise, in the persons entitled or liable to execution, the person claiming to be entitled to execution may apply to the court for leave to issue execution, and the court may order
(a) that execution may issue, or
(b) that any issue or question necessary to determine the rights of the person be tried.
(11) A writ of execution must not issue without the production to the registry of a copy of the order on which the writ is to issue.
(12) A writ of execution must be endorsed with the name and address of the lawyer or person causing it to be issued.
(13) A writ of sequestration, a writ of possession or a writ of delivery must not be issued unless there has been filed proof satisfactory to a registrar that,
(a) in the case of an order, the order sought to be enforced
(i) has been served on the person against whom the order is sought to be enforced, and
(ii) has not been complied with, or
(b) in the case of a document, issued under an enactment, that on being filed in the court may be enforced as if it were an order of the court, the document
(i) has been filed in the court,
(ii) has, before or after being filed in the court, been served in accordance with the enactment or these Supreme Court Family Rules on the person against whom the order is sought to be enforced, and
(14) If the order sought to be enforced is for the payment of money within a specified period, a writ of execution must not be issued until the expiration of the period.
(15) Subject to these Supreme Court Family Rules or an order of the court, a writ of execution may be issued by a registrar at any time during the lifetime of the order sought to be enforced.
(16) A writ of execution must be prepared by the person seeking to enforce the order or by the person's lawyer, must be sealed by a registrar and is, after that, deemed to be issued.
(17) The person seeking to enforce the order or the person's lawyer, on presenting a writ of execution for sealing, must provide a copy of the writ of execution to the registry.
(18) A writ of execution, if unexecuted, remains in force for one year only, unless renewed.
(19) At any time before the expiration of a writ of execution, or a renewed writ of execution, the writ of execution may, on the application of the party issuing the writ of execution, be renewed for a one year period beginning on the date of the renewal.
(20) An application to renew a writ of execution may be heard by
(21) A renewed writ of execution must be endorsed, by the court or a registrar, with the date of the order granting renewal and the date of the renewal.
(22) Unless the court otherwise orders, a party who is entitled to enforce an order is entitled to the costs, fees and expenses of enforcement including proceedings under the Court Order Enforcement Act, this rule and Rules 15-6 and 15-7.
(23) Subject to subrule (24) of this rule, if these Supreme Court Family Rules provide or some other enactment provides that enforcement costs may be included in the amount endorsed on any writ of execution, a registrar may fix the amount to be endorsed on the writ of execution.
(24) If a judgment debtor alleges that he or she has satisfied an order for the payment of money or otherwise, whether or not the costs of enforcement and interest on those costs have been paid,
(a) either the judgment creditor or the judgment debtor may apply to have the costs of enforcement assessed before a registrar, and Rule 16-1 applies, or
(b) the judgment debtor may apply to the registrar for an accounting.
(25) On an accounting referred to in subrule (24) (b) of this rule, Rule 18-1 applies and a registrar may certify one or more of the following:
(a) the amount, if any, then due to the judgment creditor;
(b) the amount, if any, then due to the judgment debtor as a result of an overpayment;
(26) A certificate under subrule (25) (c) of this rule has the same effect as if it were an order under subrule (30).
(27) On an order granting relief and costs, there may be, at the election of the person entitled, either one writ of execution or separate writs of execution for the relief granted and for the recovery of the costs.
(28) If an order for the recovery of property other than land or money is to be enforced by writ of delivery, the court may, on the application of the judgment holder,
(a) order that execution issue for the delivery of the property without giving the other party the option of retaining the property on paying the assessed value, and
(b) if the property cannot be found, and unless the court otherwise orders, order that the sheriff take possession of all the other party's lands, goods and chattels
(i) until the other party delivers the property, or
(ii) at the option of the judgment holder, until the sheriff realizes from the other party's goods and chattels the assessed value of the property.
(29) A debtor may require, as a condition of paying a money judgment, that the judgment creditor promptly execute, file and serve an acknowledgment of payment in Form F62.
(30) If a judgment debtor claims to have paid the judgment but has not obtained an acknowledgment of payment from the judgment creditor, the debtor may apply to the court for an order certifying that the judgment has been paid.
(31) The court may, at or after the time of making an order,
(a) stay the execution of the order until such time as it thinks fit, or
(b) provide that an order for the payment of money be payable by instalments.
(32) Unless the court in an order under subrule (31) (b) otherwise provides, if an instalment is not paid by the time fixed for payment, the balance of the money remaining unpaid under the order is, at that time, due and payable without notice being given to the judgment debtor.
(33) Without limiting subrule (31), a party against whom an order has been made may apply to the court for a stay of execution or other relief on grounds with respect to which the supporting facts arose too late for them to be pleaded, and the court may give relief it considers will further the object of these Supreme Court Family Rules.
(34) A sheriff, judgment creditor or judgment debtor may apply to the court for directions under Rule 15-8 concerning the sale of any property taken in execution.
(35) If a certificate under Rule 16-1 (25), 16-2 (7) or 18-1 (2) has been filed, it may be enforced as if it were an order of the court.
[en. B.C. Reg. 119/2010, Sch. B, s. 20; am. B.C. Reg. 133/2012, s. 21, as en. by B.C. Reg. 67/2013, s. 1 (e).]
Rule 15-5 — Compelling a Debtor under the Family Maintenance Enforcement Act to Appear in Court
(1) A summons under section 19 or 22 of the Family Maintenance Enforcement Act requiring a debtor to appear at a default hearing or a show cause hearing must be in Form F63.
(2) A summons under section 23 of the Family Maintenance Enforcement Act requiring a debtor to appear at a committal hearing must be in Form F64.
(3) An arrest warrant under the Family Maintenance Enforcement Act must be in Form F65.
Rule 15-6 — Subpoena to Debtor
(1) A creditor who has obtained an order of the court for the recovery or payment of money or costs or both may issue out of the registry a subpoena in Form F66 on filing an affidavit showing that the order is not satisfied and that no writ of execution issued by the creditor is outstanding against the debtor.
(2) A subpoena issued under subrule (1) must be directed,
(a) if the debtor is an individual, to the debtor,
(b) if the debtor is a corporation, to an officer or director of the debtor, or
(c) if the debtor is a partnership or firm, to a person liable to execution on an order against the debtor.
(3) A subpoena issued under subrule (1) must be served at least 7 days before the date of the examination under subrule (4), and with the subpoena must be tendered any expenses the person served would be entitled to were he or she required to attend the court as a witness.
(4) The examination referred to in a subpoena issued under subrule (1) must take place before an examiner and must be on oath as to the following matters:
(a) the income and property of the debtor;
(b) the debts owed to and by the debtor;
(c) the disposal the debtor has made of any property;
(d) the means the debtor has, or has had, or in future may have, of satisfying the order.
(6) At an examination under this rule, the creditor and the person subpoenaed may, with leave of the examiner, call witnesses who may be cross-examined.
(7) The examiner may adjourn an examination under this rule from time to time.
(8) If the person subpoenaed under subrule (1)
(a) does not attend as required at the examination under subrule (4) or an adjournment of it,
(b) refuses to be sworn or to affirm, or to answer one or more of the questions put to the person,
(c) after an order to that effect, refuses or neglects to produce or permit to be inspected any document or property, or
(d) does not give answers that are to the satisfaction of the examiner,
then
(e) if the examiner is a master or registrar,
(i) in the case of default under paragraph (a), the examiner must make a report in Form F67 and fix a time and place at which the creditor may attend before the court, and at that time and place the court may, at the request of the creditor and without notice to the person subpoenaed, order
(B) apprehension under Rule 21-7 (5), and
(ii) in the case of default under paragraph (b), (c) or (d) of this subrule, the examiner must make a report in Form F67 and fix a time and place for the person subpoenaed to attend before the court, and at that time and place the court may, at the request of the creditor and without further notice to the person subpoenaed, order
(B) apprehension under Rule 21-7 (5), or
(f) if the examiner is the court, the examiner may order committal.
(9) If the creditor who issued a subpoena fails to attend at the examination under subrule (4), or if the examiner is of the opinion that the proceedings are unnecessary or vexatious, the examiner may order the creditor to pay to the person subpoenaed a sum of money by way of compensation and may order that sum to be paid promptly or to be set off against the debt.
(10) If it appears to the examiner that
(a) the debtor has, with intent to defraud the creditor, made or caused to be made any gift, delivery or transfer of property, or has removed or concealed property,
(b) the debtor has unreasonably neglected or refused to pay the debt in whole or in part or to pay any instalment ordered to be paid, or
(c) the debtor is a corporation and the person subpoenaed has done, authorized, permitted or acquiesced in an act or omission described in paragraph (a) or (b),
then
(d) if the examiner is a master or registrar, he or she may make a report of his or her findings and fix a time and place for the person subpoenaed to attend before the court, and at that time and place the creditor may apply without notice for committal, or
(e) if the examiner is the court, the examiner may order committal.
(11) At an examination under this rule, the examiner may make one or more of the following orders:
(a) for the payment of the debt by instalments;
(b) for the payment of the debt on or before a fixed date;
(c) varying or rescinding any previous order;
(d) for payment to be made to a registrar, to the creditor or to the creditor's lawyer;
(e) fixing the costs payable by the debtor without assessment,
and if the examiner is a master or registrar, the order has the effect of an order made by the court and must be entered accordingly.
(12) If a debtor fails to pay in accordance with an order made under subrule (11) by an examiner, the creditor may file a notice of application for committal in Form F68 on filing an affidavit showing that the default has occurred, and subrules (2) and (3) apply.
(13) The court may order committal of a debtor if satisfied that
(a) the order to pay has not been obeyed,
(b) the person knew of the order, and
(c) the person has not shown good cause why an order of committal should not be made against him or her.
(14) The court may fix the costs payable by the debtor without assessment.
(15) An order of committal must be in Form F69 and must commit the person named in it to prison for a term not exceeding 40 days.
(16) An order of committal must not be enforced after the expiration of one year after the date the order was made.
(17) A creditor seeking to enforce an order of committal must pay to the sheriff for the maintenance of the person committed the sum of $10 per day for each day of imprisonment by weekly payments of $70 in advance.
(18) The maintenance money paid by a creditor under subrule (17) is a disbursement recoverable by the creditor from the debtor as costs of execution, without order.
(19) Subject to subrule (21), a sheriff or peace officer executing an order of committal must promptly bring the person arrested before the court, and the person arrested may be examined by the court, and if the court considers that imprisonment is not appropriate, the court may stay execution of the order of committal and, in that event, must
(a) fix a time and place for a hearing to determine whether or not the order of committal should be set aside or varied, and
(b) give directions for notice of that hearing to be given to the creditor.
(20) A person who is the subject of an order of committal may apply to the court to set aside or vary the order, and the court may order a stay of execution of the order pending the hearing of the application and give directions for service of notice of the hearing.
(21) A person who is the subject of an order of committal may pay the amount payable endorsed on the order either to a registrar or to the sheriff, peace officer or warden in whose custody he or she is.
(22) On payment under subrule (21) to a registrar of the amount payable, the registrar must issue a receipt to that effect.
(23) On payment under subrule (21) to any of them of the amount payable or on being shown a registrar's receipt to that effect, a sheriff, peace officer or warden must release the person committed from custody and must endorse the order accordingly and return it to the registry.
(24) All money received under this rule must be paid promptly to the creditor.
(25) A creditor who has obtained an order of committal may file in the registry a requisition in Form F17 requesting discharge of the person committed, and a registrar must endorse the requisition and a copy with the words "This is your authority to discharge ...................[name].............................. from custody" above the registrar's signature, and, on being shown the copy of the requisition, a sheriff, peace officer or warden must release the person committed from custody and must endorse the order accordingly and return it to the registry.
(26) A sheriff who has not received maintenance money as provided in subrule (17) must,
(a) if the person committed is in the sheriff's custody, release the person committed, or
(b) if the person committed is in the warden's custody, notify the warden, who must release the person committed,
and each must endorse the order accordingly and return it to the registry.
(27) Imprisonment under these Supreme Court Family Rules does not extinguish the liability imposed by an order.
(28) Repealed. [B.C. Reg. 119/2010, Sch. B, s. 21.]
Rule 15-7 — Examinations in Aid of Execution
(1) In this rule:
"judgment creditor" means a person entitled to enforce an order of the court, whether for payment of money or otherwise;
"judgment debtor" means a person against whom the order may be enforced.
(2) If a judgment creditor is entitled to issue execution on or otherwise enforce an order of the court, the judgment creditor may examine the judgment debtor for discovery as to
(a) any matter pertinent to the enforcement of the order,
(b) the reason for nonpayment or nonperformance of the order,
(c) the income and property of the judgment debtor,
(d) the debts owed to and by the judgment debtor,
(e) the disposal the judgment debtor has made of any property either before or after the making of the order,
(f) the means the judgment debtor has, or has had, or in future may have, of satisfying the order, and
(g) whether the judgment debtor intends to obey the order or has any reason for not doing so.
(3) An officer or director of a corporate judgment debtor, or a person liable to execution on the order in the case of a partnership or firm judgment debtor, may, without an order, be examined for discovery on the matters set out in subrule (2).
(4) Unless the court otherwise orders, a person examined under subrule (2) or (3) must not be further examined in the same family law case for a year.
(5) On being satisfied that any other person may have knowledge of the matters set out in subrule (2), the court may order that other person to be examined for discovery concerning the person's knowledge.
[am. B.C. Reg. 119/2010, Sch. B, s. 22.]
(6) If a difficulty arises in or about the execution or enforcement of an order, the court may make any order for the attendance and examination of a party or person it considers will further the object of these Supreme Court Family Rules.
(7) Rule 9-2 (4), (5), (10), (11), (12) (a) and (b), (13) and (15) to (24) applies to an examination under this rule.
(8) Any part of an examination for discovery under this rule may be given in evidence in the same or any subsequent proceeding between the parties to the proceeding or between the judgment creditor and the person examined for discovery.
(9) Unless the court otherwise orders, the party conducting an examination under this rule is entitled to recover the costs of the examination from the judgment debtor.
Rule 15-8 — Sales by the Court
(1) If in a family law case it appears necessary or expedient that property be sold, the court may order the sale and may order a person in possession of the property or in receipt of the rents, profits or income from it to join in the sale and transfer of the property and deliver up the possession or receipt to the purchaser or person designated by the court.
(2) If an order is made directing property to be sold, the court may permit any person having the conduct of the sale to sell the property in the manner the person considers appropriate or as the court directs.
(3) The court may give directions for the purpose of effecting a sale, including directions
(a) appointing the person who is to have conduct of the sale,
(b) fixing the manner of sale, whether by contract conditional on the approval of the court, private negotiation, public auction, sheriff's sale, tender or some other manner,
(c) fixing a reserve or minimum price,
(d) defining the rights of a person to bid, make offers or meet bids,
(e) requiring payment of the purchase price into court or to trustees or to other persons,
(f) settling the particulars or conditions of sale,
(g) obtaining evidence of the value of the property,
(h) fixing the remuneration to be paid to the person having conduct of the sale and any commission, costs or expenses resulting from the sale,
(i) that any conveyance or other document necessary to complete the sale be executed on behalf of any person by a person designated by the court, and
(4) A person having conduct of a sale may apply to the court for further directions.
(5) The result of a sale by order of the court must be certified in Form F70 by the person having conduct of the sale and that certificate must be filed promptly after completion of the sale.
(6) The person having conduct of the sale may apply to the court for a vesting order in favour of a purchaser.
(1) If costs are payable to a party under these Supreme Court Family Rules or by order, those costs must be assessed in accordance with Appendix B unless any of the following circumstances exist:
(a) the parties consent to the amount of costs and file a certificate of costs or expenses setting out that amount;
(i) the costs of the family law case be assessed as special costs, or
(ii) the costs of an application, a step or any other matter in the family law case be assessed as special costs in which event costs in relation to all other applications, steps and matters in the family law case must be determined and assessed under this rule in accordance with this subrule;
(c) the court awards lump sum costs for the family law case and fixes those costs under subrule (14) in an amount the court considers appropriate;
(d) the court awards lump sum costs in relation to an application, a step or any other matter in the family law case and fixes those costs under subrule (14), in which event costs in relation to all other applications, steps and matters in the family law case must be determined and assessed under this rule in accordance with this subrule.
[am. B.C. Reg. 133/2012, s. 22 (a).]
(2) On an assessment of special costs, a registrar must
(a) allow those fees that were proper or reasonably necessary to conduct the family law case, and
(b) consider all of the circumstances, including the following:
(i) the complexity of the family law case and the difficulty or the novelty of the issues involved;
(ii) the skill, specialized knowledge and responsibility required of the lawyer;
(iii) the amount involved in the family law case;
(iv) the time reasonably spent in conducting the family law case;
(v) the conduct of any party that tended to shorten, or to unnecessarily lengthen, the duration of the family law case;
(vi) the importance of the family law case to the party whose bill is being assessed, and the result obtained;
(vii) the benefit to the party whose bill is being assessed of the services rendered by the lawyer;
(3) The officer before whom costs are assessed is a registrar.
(4) When assessing costs under subrule (1) or (2) of this rule, a registrar must
(a) determine which disbursements have been necessarily or properly incurred in the conduct of the family law case, and
(5) If the court has made an order for costs,
(a) any party may, at any time before a registrar issues a certificate under subrule (25), 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.
(6) If tax is payable by a party in respect of legal services or disbursements, a registrar must, on an assessment under subrule (1) or (2), allow an additional amount to compensate for that tax as follows:
(a) if the tax is payable in respect of legal services, the additional amount to compensate for the tax must be determined by multiplying the percentage rate of the tax by the amount of costs allowed;
(b) if the tax is payable in respect of disbursements, the additional amount to compensate for the tax must be determined by multiplying the percentage rate of the tax by the monetary value of the disbursements as assessed.
(7) Subject to subrule (9), costs of a family law case must be awarded to the successful party unless the court otherwise orders.
(8) A party is not disentitled to costs merely because the party's lawyer is an employee of the party.
(9) Unless the court hearing an application otherwise orders,
(a) if the application is granted, the party who brought the application is entitled to costs of the application if that party is awarded costs at trial or at the hearing of the petition, but the party opposing the application, if any, is not entitled to costs even though that party is awarded costs at trial or at the hearing of the petition, and
(b) if the application is refused, the party who brought the application is not entitled to costs of the application even though that party is awarded costs at trial or at the hearing of the petition, but the party opposing the application, if any, is entitled to costs if that party is awarded costs at trial or at the hearing of the petition.
(10) If an entitlement to costs arises during a family law case, whether as a result of an order or otherwise, those costs are payable on the conclusion of the family law case unless the court otherwise orders.
(11) If the court orders that the parties bear their own costs, the hearing fees are to be shared equally between the parties unless the court otherwise orders or the parties otherwise agree.
(12) Nothing in subrule (11) removes from the party who filed the notice of trial the obligation to pay the hearing fees to the registry.
(13) If anything is done or omitted improperly or unnecessarily, by or on behalf of a party, the court or a registrar may order
(a) that any costs arising from or associated with any matter related to the act or omission not be allowed to the party, or
(b) that the party pay the costs incurred by any other party by reason of the act or omission.
(14) The court may award costs
(b) that relate to some particular application, step or matter in or related to the family law case, or
(c) except so far as they relate to some particular application, step or matter in or related to the family law case
and in awarding those costs the court may fix the amount of costs, including the amount of disbursements.
(15) If it is ordered that any costs are to be paid out of an estate or property, the court may direct out of what portion of the estate or property the costs are to be paid.
(16) If a party entitled to receive costs is liable to pay costs to another party, a registrar may assess the costs the party is liable to pay and may adjust them by way of deduction or set-off or may delay the allowance of the costs the party is entitled to receive until the party has paid or tendered the costs the party is liable to pay.
(17) If the costs of one respondent against a claimant ought to be paid by another respondent, the court may order payment to be made by one respondent to the other directly, or may order the claimant to pay the costs of the successful respondent and allow the claimant to include those costs as a disbursement in the costs payable to the claimant by the unsuccessful respondent.
(18) If after pronouncement of judgment a party puts another party to unnecessary proceedings or expense, a registrar, in assessing the costs of the family law case, may award costs as the registrar considers appropriate against the offending party except in relation to anything for which expenses have been ordered.
[am. B.C. Reg. 133/2012, s. 22 (b).]
(19) A bill of costs must be in Form F71.
(20) A person who seeks to have costs assessed must
(a) obtain a date for an appointment before a registrar,
(b) file an appointment in Form F55 to which is attached the bill of costs to be assessed, and
(c) at least 5 days before the date of the appointment, serve a copy of the filed Form F55 appointment and any affidavit in support in accordance with subrule (24).
(21) An appointment for assessment of costs must be taken out at the registry at which the proceeding is being conducted or at any other registry to which the parties to the appointment may agree.
(22) A registrar may order further particulars or details of a bill of costs being assessed.
(23) If a sheriff who has charged fees for services set out in Schedule 2 of Appendix C or a person affected by those fees wishes to have those fees assessed, the person seeking the assessment must
(a) obtain an appointment from a registrar in Form F55 and attach to that appointment a copy of the bill to be assessed, if available, and
(b) at least 5 days before the assessment, serve a copy of the appointment and any affidavit in support on all persons affected by the fees.
(24) A person seeking an assessment of costs must serve an appointment in Form F55 to which is attached the bill of costs, and any affidavit in support, on
(a) the person against whom costs are to be assessed, and
(b) every other person whose interest, whether in a fund or estate or otherwise, may be affected.
(25) On the conclusion of an assessment of costs, or if the party charged has consented to the amount, a registrar must, either by endorsing the original bill or by issuing a certificate of costs or expenses in Form F72, certify the amount of costs awarded, and the party assessing costs must file the certificate.
[am. B.C. Reg. 133/2012, s. 22 (c).]
(26) A party who is dissatisfied with a decision of a registrar on an assessment of costs may, within 14 days after the registrar has certified the costs, apply to the court for a review of the assessment.
(27) A bill for special costs may be rendered on a lump sum basis.
(28) A lump sum bill must contain a description of the nature of the services and of the matter involved as would, in the opinion of a registrar, afford any lawyer sufficient information to advise a client on the reasonableness of the charge made.
(29) A party to an assessment of costs may put in evidence the opinion of a lawyer as to the nature and importance of the services rendered and of the matter involved and the reasonableness of the charges made, but a party must not put in evidence the opinions of more than 2 lawyers, and a lawyer giving an opinion may be required to attend for examination and cross-examination.
(30) If the court considers that a party's lawyer has caused costs to be incurred without reasonable cause, or has caused costs to be wasted through delay, neglect or some other fault, the court may do any one or more of the following:
(a) disallow any fees and disbursements between the lawyer and the lawyer's client or, if those fees or disbursements have been paid, order that the lawyer repay some or all of them to the client;
(b) order that the lawyer indemnify his or her client for all or part of any costs that the client has been ordered to pay to another party;
(c) order that the lawyer be personally liable for all or part of any costs that his or her client has been ordered to pay to another party;
(d) make any other order that the court considers will further the object of these Supreme Court Family Rules.
(31) If the court makes an order under subrule (30), the court may
(a) direct a registrar to conduct an inquiry and file a report with recommendations as to the amount of costs, or
(b) subject to subrule (34), fix the costs with or without reference to the tariff in Appendix B.
(32) An order against a lawyer under subrule (30) or (31) must not be made unless the lawyer is present or has been given notice.
(33) A lawyer against whom an order under subrule (30) or (31) has been made must promptly serve a copy of the entered order on his or her client.
(34) An order by the court under subrule (31) (b) in respect of the costs of an application must not exceed $1 000.
(35) If a party entitled to costs fails to assess costs and prejudices another party by failing to do so, a registrar may certify the costs of the other party and certify the failure and disallow all costs of the party in default.
(36) Unless the court otherwise orders, fees to lawyers, accountants, engineers, actuaries, valuators, merchants and other scientific persons to whom any matter or question is referred by the court must be determined by a registrar, subject to an appeal to the court.
Rule 16-2 — Assessment of Expenses
(1) If, under section 212 (2), 213 (2) (d) (i), 214 (4), 221 (2) (c) (i), 228 (1) (c) (i) or 230 (2) (b) (i) of the Family Law Act, the court orders that expenses be paid to a person,
(a) the parties may consent to the amount of expenses and file a certificate of costs or expenses in Form F72 setting out that amount,
(b) the court may award lump sum expenses and fix that lump sum in an amount the court considers appropriate, or
(c) if paragraphs (a) and (b) do not apply, those expenses must be assessed in accordance with this rule.
[en. B.C. Reg. 133/2012, s. 23.]
(2) The officer before whom expenses are assessed is a registrar.
[en. B.C. Reg. 133/2012, s. 23.]
(3) If the court makes an order for expenses,
(a) any party may, at any time before a registrar issues a certificate under subrule (7), apply for directions to the judge or master who made the order for expenses,
(b) the judge or master may direct that any item be allowed or disallowed as an expense, and
(c) the registrar is bound by any direction given by the judge or master.
[en. B.C. Reg. 133/2012, s. 23.]
(4) A person who seeks to have expenses assessed must
(a) obtain a date for an appointment before a registrar,
(b) file an appointment in Form F55 to which is attached the list of expenses in Form F71.1, and
(c) at least 5 days before the date of the appointment, serve a copy of the filed Form F55 appointment, to which is attached the list of expenses, and any affidavit in support on
(i) the person against whom expenses are to be assessed, and
(ii) every other person whose interest, whether in a fund or estate or otherwise, may be affected.
[en. B.C. Reg. 133/2012, s. 23.]
(5) An appointment for assessment of expenses must be taken out at the registry at which the proceeding is being conducted or at any other registry to which the parties to the appointment may agree.
[en. B.C. Reg. 133/2012, s. 23.]
(6) A registrar may order further particulars or details of a list of expenses being assessed.
[en. B.C. Reg. 133/2012, s. 23.]
(7) On the conclusion of an assessment of expenses, or if the party charged has consented to the amount, a registrar must, by issuing a certificate of costs or expenses in Form F72, certify the amount of expenses awarded, and the party assessing expenses must file the certificate.
[en. B.C. Reg. 133/2012, s. 23.]
(8) A party who is dissatisfied with a decision of a registrar on an assessment of expenses may, within 14 days after the registrar has certified the expenses, apply to the court for a review of the assessment.
[en. B.C. Reg. 133/2012, s. 23.]
(9) Unless the court otherwise orders, if the court makes an order for expenses, those expenses are payable promptly after the later of
(a) the date on which a certificate for those expenses is filed under this rule, and
(b) if a review is requested under subrule (8), the date on which the amount of the expenses to be paid is confirmed by that review.
[en. B.C. Reg. 133/2012, s. 23.]
(10) If expenses are ordered in relation to a step or matter in the family law case, costs are not to be assessed in relation to that same step or matter.
[en. B.C. Reg. 133/2012, s. 23.]
Part 17 — Petition Proceedings
(1) In this rule, "petition respondent" means a person who files a response to petition under subrule (4).
(2) A person wishing to bring a family law case referred to in Rule 3-1 (3) or (4) (b) by filing a petition must file a petition in Form F73 and each affidavit in support.
Usual Procedure
(3) Unless these Supreme Court Family Rules otherwise provide or the court otherwise orders, a copy of the filed petition and of each filed affidavit in support must be served by personal service on all persons whose interests may be affected by the order sought.
(4) A person who has been served with a copy of a filed petition under subrule (3) of this rule must, if the person wishes to receive notice of the time and date of the hearing of the petition, do the following:
(a) file a response to petition in accordance with subrule (5);
(b) file, with the response to petition, all affidavits that have not already been filed and on which the person intends to rely at the hearing of the petition;
(c) unless the court otherwise orders, serve on the petitioner 2 copies, and on every other party one copy, of each document filed under paragraph (a) or (b) as follows:
(i) if the petition respondent was served with the petition anywhere in Canada, within 21 days after that service;
(ii) if the petition respondent was served with the petition anywhere in the United States of America, within 35 days after that service;
(iii) if the petition respondent was served with the petition anywhere else, within 49 days after that service.
[am. B.C. Reg. 95/2011, Sch. B, s. 3 (a).]
(5) A response to petition must be in Form F74 and must
(a) indicate, for each order sought, whether the petition respondent consents to, opposes or takes no position on the order, and
(b) if the petition respondent wishes to oppose any of the relief sought in the petition,
(i) briefly summarize the factual and legal bases on which the orders sought should not be granted,
(ii) list the affidavits and other documents on which the petition respondent intends to rely at the hearing of the petition, and
(iii) set out the petition respondent's estimate of the time the petition will take for hearing.
(6) A petitioner may file affidavits in response to any document served on the petitioner under subrule (4) (c), and, in that event, must serve copies of those filed responding affidavits on each petition respondent no later than the date on which the notice of hearing is served on that petition respondent under subrule (8) (b).
(7) Unless all parties consent or the court otherwise orders, a party must not serve any affidavits additional to those served under subrules (3), (5) and (6).
(8) A petitioner wishing to set a petition down for hearing must,
(a) in the case of a petition to which no response to petition has been served under subrule (4) (c), file a notice of hearing in Form F75 at any time before the hearing of the petition, or
(b) in the case of a petition to which a response to petition has been filed and served under subrule (4) (c), file a notice of hearing in Form F75, and serve a copy of the filed notice of hearing on each petition respondent, at least 7 days before the date set for the hearing of the petition.
(9) The hearing of a petition must be set for 9:45 a.m. on a date on which the court hears petitions or at such other time or date as has been fixed by the court or a registrar.
(10) If the estimate, set out in the petition, of the time that the hearing of the petition will take is more than 2 hours, the date and time of hearing must be fixed by a registrar.
[am. B.C. Reg. 119/2010, Sch. B, s. 23 (a).]
(11) Subject to subrule (13), the petitioner must provide to the registry where the hearing is to take place, no later than 4 p.m. on the day that is one full day before the date set for the hearing, a petition record as follows:
(a) the petition record must be in a ring binder or in some other form of secure binding;
(b) the petition record must contain, in consecutively numbered pages, or separated by tabs, the following documents in the following order:
(i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the petitioner and the petition respondents;
(iii) a copy of the filed petition;
(iv) a copy of each filed response to petition;
(v) a copy of each filed affidavit that is to be referred to at the hearing;
(c) the petition record may contain
(i) a draft of the proposed order,
(iii) a list of authorities, and
(d) the petition record must not contain
(ii) copies of authorities, including case law, legislation, legal articles or excerpts from text books, or
(iii) any other documents unless they are included with the consent of all the parties.
[am. B.C. Reg. 119/2010, Sch. B, s. 23 (b) and (c).]
(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. B, s. 23 (d).]
(13) If a petition respondent intends to set an application for hearing at the same time as the hearing of the petition, the parties must, so far as is possible, prepare and file a joint petition record and agree to a date for the hearing of both applications.
(14) Unless the court otherwise orders, the applicant must retrieve the petition record
(a) at the conclusion of the hearing, or
(b) if the hearing of the petition is adjourned to a date later than the following court day, after the hearing is adjourned.
[am. B.C. Reg. 119/2010, Sch. B, s. 23 (e).]
(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. B, s. 9.]
(16) If any additional affidavits are filed and served under subrule (7), the petitioner must provide to the registry an amended petition record containing those affidavits.
(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 F17 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. B, s. 23 (f).]
(17) If the petitioner does not
(a) set the petition for hearing within a reasonable time after being requested to do so by a petition respondent, or
(b) after the hearing of the petition has been adjourned generally, reset the petition for hearing within a reasonable time after being requested to do so by a petition respondent,
a petition respondent may apply, by requisition in Form F17 on 2 days' notice, for directions.
[en. B.C. Reg. 95/2011, Sch. B, s. 3 (b).]
(18) Without limiting the court's right under Rule 10-3 (7) (d) to transfer the family law case referred to in this rule to the trial list, the court may, whether or not on the application of a party, apply any other of these Supreme Court Family Rules to a family law case referred to in this rule.
(19) A party may amend a petition or response to petition filed by the party
(a) at any time with leave of the court, and
(b) subject to Rules 8-2 (7) and (9) and 9-6 (5),
(i) once without leave of the court, at any time before service of the notice of hearing, and
(ii) at any time with the written consent of all the parties,
and for that purpose Rule 8-1 (2) to (7) applies.
[am. B.C. Reg. 119/2010, Sch. B, s. 4.]
(20) An original petition does not remain in force for more than 12 months, but if a respondent named in a petition has not been served, the court, on the application of the petitioner made before or after the expiration of the 12 months, may order that the original petition be renewed for a period of not more than 12 months.
(21) If a renewed petition has not been served on a respondent named in the petition, the court, on the application of the petitioner made during the currency of the renewed petition, may order the renewal of the petition for a further period of not more than 12 months.
(22) Unless the court otherwise orders, a renewal period ordered under subrule (20) or (21) begins on the date of the order.
(23) Unless the court otherwise orders, a copy of each entered order granting renewal of a petition must be served with the renewed petition, and the renewed petition remains in force and is available to prevent the operation of any statutory limitation and for all other purposes.
Procedure Applicable to Adoptions
(24) If, in a family law case in which an order for adoption is sought, notice of an application for the order for adoption is not required, the petitioner may make that application by filing
(25) On being satisfied that the materials appropriate for an application referred to in subrule (24) have been filed in accordance with subrule (24), a registrar may refer the application to a judge or master.
(26) If an application is referred by a registrar to a judge or master under subrule (25), the judge or master may
Rule 18-1 — Inquiries, Assessments and Accounts
(1) At any stage of a family law case, the court may direct that an inquiry, assessment or accounting be held by a master, registrar or special referee.
(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 family law case.
(3) If the court does not direct that the result of an inquiry, assessment or accounting be certified, the result of the inquiry, assessment or accounting must be stated in the form of a report and recommendation to the court.
(4) On application by a party, the court may
(a) vary or confirm the recommendation contained in the report and recommendation referred to in subrule (3),
(b) remit the inquiry, assessment or accounting with directions, or
(c) order that the subject matter of the inquiry, assessment or accounting be determined as directed by the court.
(5) A master, registrar or special referee may hold a hearing in relation to an inquiry, assessment or accounting and, in that event, may
(a) hold the hearing at a convenient time and place,
(b) adjourn the hearing from time to time, and
(c) administer oaths, take evidence, direct production of documents and give general directions for the conduct of the hearing.
(6) If a party wishes to proceed with an inquiry, assessment or accounting directed by the court under subrule (1), the party must
(a) take out an appointment in Form F55, and
(b) serve notice of the appointment on all parties or as directed by the court.
(7) A party to a family law case in which an inquiry, assessment or accounting is held may subpoena any person, including a party, to give evidence at the hearing of the inquiry, assessment or accounting and to produce documents.
(8) A master, registrar or special referee must state the result of an inquiry, assessment or accounting in the form of a certificate or a report and recommendation as directed under subrule (2) or (3) respectively, with or without reasons, and must
(a) provide the certificate to the party requesting the certificate, or
(b) file the report and recommendation and provide a copy to all persons who appeared at the hearing.
(9) A party to whom a certificate is provided under subrule (8) (a) may file that certificate.
(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.
(11) A person may apply by petition for the furnishing of accounts by the executor or administrator of an estate, a trustee, a receiver, a liquidator, a guardian or a partner.
(12) The court may give special directions as to the manner in which an inquiry, assessment or accounting is to be taken or made, and the directions may include
(a) the manner in which the inquiry, assessment or accounting is to be prosecuted,
(b) the evidence to be introduced in support,
(c) the parties required to attend all or any part of the proceedings,
(d) the time within which each proceeding is to be taken, and
(e) a direction that persons whose interest can be classified constitute a class and are to be represented by the same lawyer,
and the court may fix a time for the further attendance of the parties.
(13) If the court makes a direction under subrule (12) (e) and the persons cannot agree on the lawyer to represent them, the court may appoint the lawyer to represent them.
(14) The court may vary or rescind a direction given under subrule (12).
(15) If an accounting is directed to be held, unless the court otherwise orders, the party required to account must make out that party's account and verify it by an affidavit to which the account must be exhibited.
(16) If an account is made out under subrule (15), the items on each side of the account must be numbered consecutively, and the party required to account must file the affidavit and the account referred to in that subrule and serve copies of those filed documents on all parties.
(17) A party who alleges that there are errors or omissions in an account must file and serve on all parties a notice of those errors with brief particulars.
(18) If the court makes an order directing that an inquiry, assessment or accounting be held in a proceeding relating to the sale of any property, the court may direct that notice of the order in Form F76 be served on any person interested in the property.
(19) Any person served with notice of an order in accordance with subrule (18) is, subject to subrule (21), bound by the order to the same extent as the person would have been if the person had originally been made a party to the family law case.
(20) In any case in which it appears that it is impracticable for any reason to serve a person with a notice of order under subrule (18),
(a) the court may dispense with service on the person,
(b) the court may order that that person be bound by any order made to the same extent as if the person had been served with notice of the order, and
(c) the person referred to in an order under paragraph (b) is bound by the order to the same extent as if the person had been served with notice of the order unless the order was obtained by fraud or non-disclosure of material facts.
(21) Within 28 days after service of a notice of order under subrule (18) on a person, the person may, without becoming a party to the family law case, apply to the court to vary or rescind the order.
(22) A person served with a notice of order under subrule (18) may, after filing a notice of interest in Form F77, take part in the family law case.
Rule 18-2 — Jurisdictional Disputes
(1) A party who has been served with a notice of family claim, counterclaim or petition in a family law case, whether that service was effected in or outside British Columbia, may, after filing a jurisdictional response in Form F78,
(a) apply to strike out the notice of family claim, counterclaim or petition or to dismiss or stay the family law case on the ground that the notice of family claim, counterclaim or petition does not allege facts that, if true, would establish that the court has jurisdiction over that party in respect of the claim made against that party in the family law case,
(b) apply to dismiss or stay the family law case on the ground that the court does not have jurisdiction over that party in respect of the claim made against that party in the family law case, or
(c) allege in a pleading or in a response to petition that the court does not have jurisdiction over that party in respect of the claim made against that party in the family law case.
(2) Whether or not a party referred to in subrule (1) applies or makes an allegation under that subrule, the party may apply to court for a stay of the family law case on the ground that the court ought to decline to exercise jurisdiction over that party in respect of the claim made against that party in the family law case.
(3) If a party who has been served with an notice of family claim, counterclaim or petition in a family law case, whether served in or outside British Columbia, alleges that the notice of family claim, counterclaim or petition is invalid or has expired or that the purported service of the notice of family claim, counterclaim or petition was invalid, the party may, after filing a jurisdictional response in Form F78, apply for one or both of the following:
(a) an order setting aside the notice of family claim, counterclaim or petition;
(b) an order setting aside service of the notice of family claim, counterclaim or petition.
(4) If an application is brought under subrule (1) (a) or (b) or (3) or an issue is raised by an allegation in a pleading or a response to petition referred to in subrule (1) (c), the court may, on the application of a party, before deciding the first-mentioned application or issue,
(b) give directions for the conduct of the first-mentioned application,
(c) give directions for the conduct of the family law case, and
(d) discharge any order previously made in the family law case.
(5) If, within 30 days after filing a jurisdictional response in a family law case, the filing party serves a notice of application under subrule (1) (a) or (b) or (3) on the parties or files a pleading or a response to petition referred to in subrule (1) (c),
(a) the party does not submit to the jurisdiction of the court in relation to the family law case merely by filing or serving any or all of the following:
(i) the jurisdictional response;
(ii) a pleading or response to petition under subrule (1) (c);
(iii) a notice of application and supporting affidavits under subrule (1) (a) or (b), and
(b) until the court has decided the application or the issue raised by the pleading, petition or response to petition, the party may, without submitting to the jurisdiction of the court,
(1) If an appeal or an application in the nature of an appeal from a decision, direction or order of any person or body, including the Provincial Court, is authorized by an enactment to be made to the court or to a judge, the appeal is governed by this rule to the extent that this rule is not inconsistent with any procedure provided for in the enactment.
(2) An appeal is to be started by filing in a registry a notice of appeal in Form F79 or Form F80.
(3) A notice of appeal must include
(a) the standard set of directions, in the form directed by the Chief Justice, governing the conduct of the appeal, or
(b) an application for directions as to the conduct of the appeal.
(4) If the notice of appeal includes a standard set of directions under subrule (3) (a), the appeal must be conducted in accordance with those directions unless the court otherwise orders.
(5) Unless the court otherwise directs, an application for directions under subrule (3) (b) must be set for hearing on a date that is at least 7 days after the date on which the notice of appeal is served in accordance with subrule (6).
(6) Unless the court otherwise orders, a notice of appeal must be served on
(a) the person or body that gave the decision or direction, or made the order, being appealed, and
(b) all other persons who may be affected by the order sought.
(7) The court may give directions for the proper hearing and determination of an appeal and, without limiting this, may make an order
(a) that documents, transcripts or minutes be produced,
(b) that evidence be introduced by way of affidavit, or that it be given orally,
(c) that the appeal be determined by way of stated case or argument on a point of law,
(d) prescribing time limits for taking steps in and for the hearing of the appeal, or
(e) that the appeal be disposed of summarily,
and may exercise any of the powers of the court exercisable in a petition proceeding.
(8) A person who intends to oppose an appeal must
(a) file a notice of interest in Form F77 within the following period:
(i) if the person was served with the notice of appeal anywhere in Canada, within 7 days after that service;
(ii) if the person was served with the notice of appeal anywhere in the United States of America, within 14 days after that service;
(iii) if the person was served with the notice of appeal anywhere else, within 28 days after that service, and
(b) promptly after filing the notice of interest, serve a copy of the filed notice of interest on the appellant.
[am. B.C. Reg. 95/2011, Sch. B, s. 4.]
(9) After obtaining from a registrar a date for the hearing of the appeal, if the appellant wishes to proceed with the appeal, the appellant must set the appeal for hearing on that date by
(a) filing a notice of hearing of appeal in Form F81, and
(b) serving a copy of the filed notice of hearing of appeal on all parties.
(10) An appellant may abandon an appeal by
(a) filing a notice of abandonment of appeal in Form F82, and
(b) serving a copy of the filed notice of abandonment of appeal on all parties.
Part 19 — Judgments From Other Courts
Rule 19-1 — Canadian Judgments
(1) In this rule, "Canadian judgment" has the same meaning as in the Enforcement of Canadian Judgments and Decrees Act.
(2) A person wishing to register a Canadian judgment under the Enforcement of Canadian Judgments and Decrees Act must, for the purposes of section 3 (1) (b) of that Act, file a certified English translation of the Canadian judgment if the judgment was made in a language other than English.
(1) In this rule:
"convention" means the Convention for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters, the English language version of which is set out in Schedule 4 of the Court Order Enforcement Act;
"reciprocally enforceable judgment" means a judgment that may be registered under Part 2 or 4 of the Court Order Enforcement Act.
(2) A family law case to register a reciprocally enforceable judgment must be started by petition.
(3) The application for registration of a reciprocally enforceable judgment must be supported by an affidavit
(i) a certified copy of the judgment under the seal of the original court,
(ii) if section 29 (2) of the Court Order Enforcement Act applies to the application, the certificate referred to in section 29 (3) of that Act, and
(iii) a certified translation of the judgment or certificate if made in a language other than English, and
(b) stating, to the best of the information and belief of the person swearing or affirming the affidavit,
(i) that the judgment creditor is entitled to enforce the judgment,
(ii) the amount presently owing on the judgment,
(iii) the full name, occupation and usual or last known residence or place of business of the judgment creditor and judgment debtor respectively,
(iv) whether the judgment debtor
(A) was personally served with the process of the original court,
(B) was served with the process of the original court other than by personal service, or
(C) participated in the proceeding or otherwise submitted to the jurisdiction of the original court, and
(v) that the judgment is not one that is disqualified from registration either under section 29 (6) of the Court Order Enforcement Act or under Article II, paragraph 2, or Article IV, paragraph 1, of the convention, whichever is applicable.
(4) Notice of an application to register a reciprocally enforceable judgment need not be given to the judgment debtor if
(a) the application is made under Part 4 of the Court Order Enforcement Act, or
(b) the application is made under Part 2 of the Court Order Enforcement Act and section 29 (2) of that Act applies to the application.
(5) The order to register the judgment must be in Form F83.
(6) If a reciprocally enforceable judgment is registered, and the judgment debtor had no notice of the application for registration, notice of the registration must be given to the judgment debtor within one month after the registration.
(7) The court may order that the registration of a judgment under Part 4 of the Court Order Enforcement Act be set aside if the judgment debtor was not duly served with the process of the original court, unless the judgment debtor participated in the proceeding or otherwise submitted to the jurisdiction of the original court.
(8) The court may make an order staying or limiting the enforcement of a judgment registered under Part 4 of the Court Order Enforcement Act, subject to any terms and for any period the court considers appropriate, if
(9) A respondent in a family law case on a foreign judgment, whether or not it is a reciprocally enforceable judgment, on proof that an appeal or other proceeding in the nature of an appeal is pending or the time for appeal has not expired, may apply for an order staying the family law case until the determination of the appeal or other proceeding on terms that the court may impose.
Part 20 — Special Rules For Certain Parties
(1) Two or more persons claiming to be entitled, or alleged to be liable, as partners may sue or be sued in the name of the firm in which they were partners at the time when the alleged right or liability arose.
(2) Service is effected on a firm by leaving a copy of the document to be served with
(a) a person who was a partner at the time the alleged right or liability arose, or
(b) a person at a place of business of the firm who appears to manage or control the partnership business there.
(3) A response to family claim, response to counterclaim or response to petition by a partnership must be in the name of the firm, but a partner or a person served as a partner may file a response to family claim, response to counterclaim or response to petition and defend in the person's own name, whether or not named in the notice of family claim, counterclaim or petition.
(4) If a firm is a party to a family law case, any other party may serve a notice requiring one of the partners to serve, within 10 days, an affidavit setting out the names and addresses of all persons who were partners when the alleged right or liability arose.
(5) If the affidavit requested under subrule (4) is not served, the court may order service.
(6) If an order is made against a firm, execution to enforce the order may issue against any property of the firm.
(7) Without limiting subrule (8), if an order is made against a firm, execution to enforce the order may issue against any person who
(a) filed a response to family claim, response to counterclaim or response to petition in the family law case in the person's own name as a partner,
(b) having been served with the notice of family claim, counterclaim or petition as a partner, failed to file a response to family claim, response to counterclaim or response to petition in the family law case,
(c) admitted in a pleading or affidavit that the person is a partner, or
(8) If a party who has obtained an order against a firm claims that a person who is not a person described in subrule (7) is liable to satisfy the order as being a member of the firm, the party may apply to the court for leave to issue execution against that person.
(9) If the person against whom an application under subrule (8) is made disputes liability, the court may order that the liability of the person be determined in any manner in which an issue or question in a family law case may be determined.
(10) A person carrying on business in a name or style other than the person's own name may be sued in that name or style as if it were the name of a firm, and this rule applies as if the person were a partner and the name in which the person carries on business were the name of that firm.
(1) A minor may act without a litigation guardian in a family law case in the following circumstances:
(a) in a family law case brought under the Family Law Act, if section 201 of that Act applies;
(b) in any other family law case, if the minor has attained the age of 16 years.
[en. B.C. Reg. 133/2012, s. 24 (a).]
(1.1) Rule 20-3 does not apply to a minor who may, under subrule (1) of this rule, act without a litigation guardian in a family law case.
[en. B.C. Reg. 133/2012, s. 24 (a).]
(2) Without limiting section 201 of the Family Law Act and despite subrule (1), if the court considers that it is in the interest of a minor referred to in subrule (1) or of any child of the minor, it may, whether or not on the application of a party, appoint a litigation guardian for the minor or for the child of the minor.
[am. B.C. Reg. 133/2012, s. 24 (b).]
Rule 20-3 — Persons under Disability
(1) In this rule, "committee" means the committee, appointed under the Patients Property Act, of the estate of a patient.
(2) A family law case brought by or against a person under legal disability must be started or defended by his or her litigation guardian.
(3) Unless a rule otherwise provides, anything that is required or authorized by these Supreme Court Family Rules to be done by or invoked against a party under disability must
(a) be done on the party's behalf by his or her litigation guardian, or
(b) be invoked against the party by invoking the same against the party's litigation guardian.
(4) A litigation guardian must act by a lawyer unless the litigation guardian is the Public Guardian and Trustee.
(5) Unless the court otherwise orders or an enactment otherwise provides, a person ordinarily resident in British Columbia may be a litigation guardian of a person under disability without being appointed by the court.
(6) If a person is appointed committee, that person must be the litigation guardian of the patient in any family law case unless the court otherwise orders.
(7) Before the name of a person is used in a family law case as a litigation guardian, that person's consent, signed by the person or his or her lawyer, must be filed, unless the person
(a) has been appointed by the court, or
(b) is the litigation guardian under section 35 (1) of the Representation Agreement Act of a party to that family law case.
(8) Unless a committee has been appointed, the lawyer for a person under disability, before acting in a family law case, must, unless subrule (9) applies, file a certificate that he or she knows or believes that
(a) the person to whom the certificate relates is an infant or mentally incompetent person, giving the grounds of that knowledge or belief, and if the person to whom the certificate relates is a mentally incompetent person, that a committee has not been appointed for the person, and
(b) the proposed litigation guardian of the person under disability has no interest in the family law case adverse to that person.
(9) The lawyer for a person who, under section 35 (1) of the Representation Agreement Act, has a litigation guardian must, before acting in a family law case to which the person is a party, file a certificate certifying that the lawyer knows or believes that
(a) the person has entered into a representation agreement,
(b) the litigation guardian is a representative under that representation agreement and is authorized under section 7 (1) (d) of the Representation Agreement Act in relation to the family law case, and
(c) the litigation guardian has no interest in the family law case adverse to the person.
(10) If a party to a family law case becomes a mentally incompetent person, the court must appoint a litigation guardian for him or her unless
(a) a committee has been appointed for the party, or
(b) the party has a litigation guardian under section 35 (1) of the Representation Agreement Act.
(11) If it is in the interest of a party who is under disability, the court may remove, appoint or substitute a litigation guardian.
(12) A party to a family law case who attains the age of majority may, if the party is then under no legal disability,
(a) file an affidavit, in Form F84, confirming the attainment of the age of majority, and
(13) After an affidavit is filed under subrule (12) (a),
(a) the party on whose behalf the affidavit was filed assumes conduct of that party's claim or defence in the family law case, and
(b) the style of proceeding must no longer refer to a litigation guardian for that party.
(14) A party must not take a step in default against a person under disability without leave of the court.
(15) Unless the court otherwise orders, notice of an application for leave under subrule (14) must be served on the person under disability at least 10 days before the hearing of the application, in the manner provided by Part 6.
(16) If no response to family claim, response to counterclaim or response to petition has been filed to a notice of family claim, counterclaim or petition on behalf of a person under disability, the person who started the family law case, before continuing the family law case against the person under disability, must obtain an order from the court appointing a litigation guardian for the person under disability.
(17) Unless an enactment otherwise provides, if a claim is made by or on behalf of a person under disability, no settlement, compromise, payment or acceptance of money paid into court, whenever entered into or made, so far as it relates to that person's claim, is binding without the approval of the court.
(18) If, before a family law case is started, an agreement is reached for the settlement or compromise of a claim of a person under disability, whether alone or with others, and it is desired to obtain the court's approval, application may be made by petition and the court may make any order it considers will further the object of these Supreme Court Family Rules.
Rule 20-4 — Declaratory Relief
(1) A proceeding is not open to objection on the ground that only a declaratory order is sought, and the court may make binding declarations of right whether or not consequential relief is or could be claimed.
Rule 20-5 — Persons Who Are Not Required to Pay Fees
(1) If the court, on application made in accordance with subrule (3) before or after the start of a family law case, finds that a person
(a) receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act, or
(b) cannot, without undue hardship, afford to pay the fees under Schedule 1 of Appendix C in relation to the family law case,
the court may order that no fees are payable by the person to the government under Schedule 1 of Appendix C in relation to the family law case unless the court considers that the claim or defence
(c) discloses no reasonable claim or defence, as the case may be,
(d) is scandalous, frivolous or vexatious, or
(e) is otherwise an abuse of the process of the court.
[en. B.C. Reg. 104/2015, s. 3.]
(2) An order under subrule (1) may apply to one or more of the following:
(a) a family law case generally:
(b) any part of a family law case;
(3) An application under subrule (1) may be made by filing
(a) a requisition in Form F17,
(b) a draft of the proposed order in Form F85, and
[am. B.C. Reg. 95/2011, Sch. B, s. 5.]
(4) On application or on the court's own motion, the court may review, vary or rescind any order made under subrule (1) or (2).
(5) Despite anything in this rule, if the court makes an order in relation to a person under this rule, no fee is payable by the person to the government under Schedule 1 of Appendix C in relation to
(b) the part of the family law case,
to which the order applies.
[am. B.C. Reg. 119/2010, Sch. B, s. 24 (b).]
Rule 20-6 — Litigation Representatives
(1) In this rule, "litigation representative", in relation to the estate of a deceased, means a person referred to in subrule (3) who is starting, conducting or defending a family law case referred to in subrule (2) on behalf of the deceased's estate.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
(2) This rule applies if
(a) a person who has or may have a cause of action dies before starting a family law case in relation to that cause of action,
(b) a person against whom a cause of action may be asserted dies before a family law case is started in relation to that cause of action,
(c) a person who has started a family law case dies before judgment is pronounced in that family law case, or
(d) a person against whom a family law case has been started dies before judgment is pronounced in that family law case,
and the cause of action, in relation to which the family law case may be or has been started, survives.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
(3) If there is no personal representative for a deceased's estate, the court may, on application brought in accordance with subrule (5), appoint a person as a litigation representative to start, conduct or defend a family law case referred to in subrule (2) on behalf of the deceased's estate.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
(4) Before making an order under subrule (3), the court may require notice of the application to be given to a person having an interest in the deceased's estate.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
(5) An application under subrule (3) may be brought without notice under Rule 10-8.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
(6) Nothing in this rule authorizes a person who is not the personal representative of the deceased to distribute proceeds of a proceeding that belong to the deceased's estate to anyone other than the personal representative.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
(7) A litigation representative conducting or defending a family law case referred to in subrule (2) (c) or (d) must, under Rule 8-2, be substituted for the deceased as a party in the family law case.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
(8) If
(a) a person becomes a personal representative for a deceased's estate after a litigation representative is appointed, and
(b) a family law case referred to in subrule (2) has been started in relation to the deceased,
the personal representative must, on application under Rule 8-2,
(c) be substituted for the deceased as a party in the family law case, or
(d) if a litigation representative is conducting or defending the family law case, be substituted for the litigation representative as a party in the family law case,
unless an order is made in respect of the proceeding under section 151 of the Wills, Estates and Succession Act.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
Rule 21-1 — Forms and Documents
(1) The forms in Appendix A must be used if applicable, with variations as the circumstances of the family law case 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.
(2) Unless the nature of the document renders it impracticable, every document prepared for use in the court must be in the English language, legibly printed, typewritten, written or reproduced on 8 1/2 inch × 11 inch durable white paper or durable off-white recycled paper.
(3) Transcripts of oral evidence must conform to subrule (2).
(4) The first page of each document prepared for use in a family law case must contain a blank area extending at least 5 centimetres from the top of the page and at least 5 centimetres from the left edge of the page.
(5) A document prepared for use in a family law case must be headed with the style of proceeding set out on the most recent notice of family claim, counterclaim or petition to be filed in that family law case, but in a document, other than an order or a document that starts a family law case, if there is more than one party to the family law case identified as a claimant or as any other classification of party, the style of proceeding may be abbreviated to show the name of the first party listed in that classification, followed by the words "and others".
(1) Unless a contrary intention otherwise appears, if a period of less than 7 days is set out by these Supreme Court Family Rules or in an order of the court, holidays are not counted.
(2) The court may extend or shorten any period of time provided for in these Supreme Court Family Rules or in an order of the court, even though the application for the extension or the order granting the extension is made after the period of time has expired.
(3) The period fixed by these Supreme Court Family Rules or an order for serving, filing or amending a pleading or other document may be extended by consent.
(4) In a family law case in which judgment has not been pronounced and no step has been taken for one year, a party must not proceed until
(a) the expiration of 28 days after service of notice of that party's intention to proceed in Form F48 on all parties, and
(b) a copy of the notice of intention to proceed and proof of its service has been filed.
(5) Despite this rule, a respondent may apply to have a family law case dismissed for want of prosecution without serving a notice of intention to proceed in Form F48.
(6) Attendance on an appointment before an official reporter within 1/2 hour following the time fixed for the appointment is a sufficient attendance.
Rule 21-3 — Multiple Claims and Parties
(1) Without limiting Rule 3-1 (5) but subject to subrule (6) of this rule, a person, whether claiming in the same or different capacities, may join several claims in the same family law case.
(2) Subject to subrule (6), a family law case may be started by or against 2 or more persons in any of the following circumstances:
(a) if separate family law cases were brought by or against each of those persons, a common question of law or fact would arise in all the family law cases;
(b) a right to relief claimed in the family law cases, whether it is joint, several or alternative, is in respect of or arises out of the same transaction or series of transactions;
(3) Subject to any enactment or these Supreme Court Family Rules or unless the court otherwise orders, a claimant or petitioner who claims relief to which any other person is jointly entitled must name as parties to the family law case all persons so entitled, and any of them who do not consent to be named as a claimant or petitioner must be made a respondent.
(4) If relief is claimed against a person who is jointly liable with some other person, the other person need not be named as a party to the family law case, but if persons may be jointly, but not severally, liable and relief is claimed against some but not all of those persons in a family law case, the court may stay the family law case until the other persons who may be liable are named as parties.
(5) It is not necessary that every person named as a party be interested in all the relief sought in a family law case, but the court may order that a party be compensated for being required to attend, or be relieved from attending, a part of a trial or hearing in which that party has no interest.
(6) If a joinder of several claims or parties in a family law case may unduly complicate or delay the trial or hearing of the family law case or is otherwise inconvenient, the court may order separate trials or hearings or make any other order it considers will further the object of these Supreme Court Family Rules.
(7) If a counterclaim ought to be disposed of by a separate family law case, the court may so order.
(8) Family law cases may be consolidated at any time by order of the court or may be ordered to be tried at the same time or on the same day.
(8.1) If, under section 194 (3) (c) of the Family Law Act, one or more Provincial Court proceedings are to be consolidated with one or more Supreme Court proceedings, the court may, in the order for consolidation, make any orders it considers will further one or both of the object of these Supreme Court Family Rules and the object of the Family Law Act, including, without limitation, orders respecting the following:
(a) the amendment, filing and service of pleadings;
(b) any matter in relation to which the court may make an order at a judicial case conference under Rule 7-1 or at a trial management conference under Rule 14-3.
[en. B.C. Reg. 133/2012, s. 25.]
(9) A family law case must not be defeated by reason of the misjoinder or nonjoinder of a party and the court may deal with the matter in controversy so far as it affects the rights and interests of the parties before it.
(1) A party to a family law case
(b) having acted on his or her own behalf, may engage a lawyer to act, or
(c) having been represented by a lawyer, may discharge the lawyer and act on his or her own behalf,
but until copies of notice of the change in Form F87 or F88 have been filed and served on the other parties, the other parties are entitled to proceed on the basis that there has been no change of representation or address for service.
(2) If
(a) a lawyer for a party has died, cannot be found or for any reason is unable to practise, and
(b) the party has not given notice of change of lawyer or of intention to act in person in accordance with subrule (1),
the court, on the application of any other party, may order that the lawyer has ceased to be the lawyer of the first mentioned party.
(3) If a lawyer who has acted for a party to a family law case has ceased to act and the party has not given a notice of change in accordance with subrule (1), the court, on the application of the lawyer, may declare that the lawyer has ceased to be the lawyer acting for the party and, if applicable,
(a) may declare that the lawyer's office is not the address for service of the party and give directions as to a new address for service, and
(b) may declare that the lawyer's fax number or e-mail address may no longer be used for service and give directions for a new fax number or e-mail address for service.
(4) As an alternative to proceeding under subrule (3), a lawyer who has ceased to act for a party who has not given a notice of change under subrule (1) may serve a notice of intention to withdraw in Form F89 on that party and on the other parties.
(5) If a party on whom a notice of intention to withdraw is served under subrule (4) wishes to object to the withdrawal, the party must, within 7 days after service,
(6) A lawyer who serves a notice of intention to withdraw under subrule (4) on all parties to a family law case may file a notice of withdrawal of lawyer in Form F91 if no objection, notice of change of lawyer or notice of intention to act in person is filed within 7 days after service of the notice of intention to withdraw.
(7) If a lawyer files a notice of withdrawal of lawyer under subrule (6), the lawyer ceases to be the party's lawyer when the notice has been served on all parties.
(8) After a lawyer ceases under subrule (7) to be a party's lawyer, the party's address for service is, until that address is changed under Rule 6-1 (3), the address set out in the notice of withdrawal of lawyer filed under subrule (6) of this rule.
(9) If, within the 7 day period referred to in subrule (6), an objection is filed in the registry, the lawyer may apply, on notice to each party who has filed an objection, for an order under subrule (3).
(10) If personal service of a notice of intention to withdraw cannot be made in accordance with Rule 6-3 (2) on a party for whom the lawyer acts, the lawyer may apply for an order under Rule 6-4 allowing service by an alternative method.
(11) An applicant who obtains an order under subrule (2) or (3) must serve a copy of the entered order on all parties and, until it is served, a party is entitled to proceed on the basis that there has been no change of lawyer or address for service.
Rule 21-5 — If Parties Fail to Comply with These Rules
(1) If a party does not comply with these Supreme Court Family Rules, the court may do one or more of the following:
(a) if the party who has not complied is a claimant or a respondent who has brought a counterclaim,
(i) strike out the notice of family claim, counterclaim or petition, and
(ii) grant judgment dismissing the claims made in the notice of family claim, counterclaim or petition;
(b) if the party who has not complied is a respondent or a respondent to counterclaim, strike out the response to family claim, response to counterclaim or response to petition;
(d) make an order for costs against the party;
(e) make any other order it considers will further the object of these Supreme Court Family Rules.
(2) Unless the court otherwise orders, a failure to comply with these Supreme Court Family Rules must be treated as an irregularity and does not nullify
(b) a step taken in the family law case, or
(c) any document or order made in the family law case.
[en. B.C. Reg. 119/2010, Sch. B, s. 25.]
Rule 21-6 — If Parties Fail to Attend
(1) Without limiting Rule 21-5, if a party fails to attend at a trial or hearing at the time appointed for that trial or hearing, the court may, after receipt of any evidence of service it considers appropriate, do one or more of the following:
(a) proceed with the trial or hearing;
(b) draw any inference from the failure to attend that the court considers appropriate, including attributing an amount of income to the party;
(2) Unless the court otherwise orders, if no party is in attendance when the trial of a family law case is called, the family law case must be struck off the trial list.
(3) A party may apply to set aside a judgment obtained at trial in that party's absence.
(1) The power of the court to punish contempt of court must be exercised by an order of committal or by imposition of a fine or both.
(2) If a corporation wilfully disobeys an order against the corporation, the order may be enforced by one or more of the following:
(a) imposition of a fine on the corporation;
(b) committal of one or more directors or officers of the corporation;
(c) imposition of a fine on one or more directors or officers of the corporation.
(3) Instead of or in addition to making an order of committal or imposing a fine, the court may order a person to give security for the person's good behaviour.
(4) A person who is guilty of an act or omission described in Rule 14-7 (25), in addition to being subject to any consequences prescribed by those rules, is guilty of contempt of court and subject to the court's power to punish contempt of court.
(5) If the court is of the opinion that a person may be guilty of contempt of court, it may order, by warrant in Form F92 directed to a sheriff or other officer of the court or to a peace officer, that the person be apprehended and brought before the court.
(6) If a person referred to in subrule (5) is apprehended and brought before the court, the court in a summary manner may adjudge the innocence or guilt of the person and punish the person for the contempt, if any, or may give the directions it thinks fit for the determination of the person's innocence or guilt and punishment.
(7) If the court is of the opinion that a corporation may be guilty of contempt of court, it may order, by its warrant in Form F92 directed to a sheriff or other officer of the court or to a peace officer, that any director, officer or employee of the corporation be apprehended and brought before the court.
(8) If a director, officer or employee referred to in subrule (7) is apprehended and brought before the court, the court in a summary manner may adjudge the innocence or guilt of the corporation and punish the corporation for the contempt, if any, or may give the directions it thinks fit for the determination of its innocence or guilt and the punishment to be imposed.
[am. B.C. Reg. 112/2012, Sch. B, s. 3.]
(9) The court may order the release of a person apprehended under subrule (5) or (7) on receiving an undertaking in Form F93 from that person.
(10) A release order under subrule (9) must be in Form F94.
(11) A party applying for an order for contempt must serve the alleged contemnor with a copy of the filed notice of application and all filed affidavits in support of it at least 7 days before the hearing of the application.
(12) An application under subrule (11) must be supported by affidavit setting out the conduct alleged to be contempt of court.
(13) The court may give directions as to the mode of hearing the application, including an order that the matter be transferred to the trial list under Rule 10-3 (7) (d).
(14) If the court is satisfied that a person has actual notice of the terms of an order of the court, it may find the person guilty of contempt for disobedience of the order, even though the order has not been served on the person.
(15) The court at any time may direct that the punishment for contempt be suspended for the period or on the terms or conditions the court may specify.
(16) The court, on application by or on behalf of a person committed to prison for contempt may discharge that person, even though the period of the committal may not have elapsed.
(17) If the court orders a person committed without specifying in days, weeks or months the period of the committal, the sheriff must bring that person before the court at intervals of not more than 7 days, in order that the court may review the committal and determine whether relief as set out in subrule (15) or (16) should be granted.
Part 22 — Court and Registry Matters
(1) Whether or not the parties consent, the court may adjourn a trial, hearing or conference to a specific date or without setting a date.
(2) The court may, at any time,
(a) waive or modify a time limit set by these Supreme Court Family Rules or by an order of the court, even after the time limit has expired, and
(b) waive or modify any service or notice requirement under these Supreme Court Family Rules.
(3) A person entitled or required to attend court may attend by telephone, video conference or other communications medium if
(a) the court authorizes attendance in that manner, and
(b) all persons participating, whether by telephone, by video conference, by other communications medium or in person, are able to communicate with each other.
(4) If the court considers it appropriate for a person to attend court by telephone, video conference or other communications medium, the court may direct the manner in which the attendance is to be conducted.
(5) If the regional manager has advised the court in writing that a person designated by the Attorney General to provide assistance in the calculation of child support is readily available to the court, the court may, at any time,
(a) refer calculation of child support to that person, and
(b) require that the results of that calculation be reported back to the court.
(6) The court may make an order for security for the costs of a party.
(7) If a custody order, a guardianship order, an order respecting parenting arrangements or contact with a child or a support order is appealed, the order remains in force until the determination of the appeal, unless the court that made the order otherwise directs.
[am. B.C. Reg. 133/2012, s. 26.]
(8) Whenever practicable and appropriate, the same judge or master is to manage and hear all of the following in a family law case:
Rule 22-2 — Registry Operations
(1) Unless otherwise provided by an enactment, a person may, on payment of the proper fees, obtain from the registry a copy of a document on file in a family law case.
(2) Except on Saturdays, holidays and those days that are prescribed by the Lieutenant Governor in Council as holidays for the Public Service of British Columbia, the registry is to be kept open to the public for the transaction of business from 9 a.m. until 4 p.m.
(3) The hours of attendance by a registrar and the registry staff are from 8:30 a.m. until 4:30 p.m.
(4) If a registry has insufficient staff to allow continuous staff attendance at the lunch hour, the Chief Justice may, in writing, authorize that registry to close.
(5) In each registry, the seal of the court must be stamped on every
(a) notice of family claim, and
(b) other document requiring a seal
issued from or filed in that registry.
(6) The name of the registry must be written or stamped on the face of every document issued from or filed or recorded in that registry.
(7) If the signature or endorsement of a registrar is required on a document, the document is deemed to have been signed or endorsed by the registrar if the document is signed or endorsed by a person appointed for that purpose by the registrar.
(8) In case of urgency, the court may order that a registry be opened for the purpose of commencing a proceeding or for some other good reason.
(9) Unless these Supreme Court Family Rules provide otherwise, if a person wishes a registrar to perform some act under these Supreme Court Family Rules,
(a) the person must make the request by requisition in Form F17 unless these Supreme Court Family Rules otherwise provide, and
(b) the registrar may discard the requisition after the required act has been done.
(10) If an application ought to be made to, or any jurisdiction ought to be exercised by, the judge by whom a family law case has been tried or partly tried, or heard or partly heard, then, if that judge dies or ceases to be a judge of the court during or after the trial or hearing, or if for any other reason it is impossible or inconvenient for that judge to act in the family law case, the Chief Justice or next senior judge of the court may, either by a special order or by a general order, nominate some other judge to whom the application may be made or by whom the jurisdiction may be exercised.
(11) Without limiting subrule (10), the other judge nominated under that subrule may
(a) order that the family law case be restored to the proper registry for retrial or rehearing,
(b) if, on the original trial or hearing, evidence was given orally, direct that the retrial or rehearing be on
(i) an official transcript of that evidence,
(ii) transcript, evidence given orally and evidence given by affidavit,
as in his or her opinion the circumstances of the family law case require, and
(c) dispose of the costs of the original trial or hearing and of the costs of furnishing any copies of the transcript of the evidence, or refer the question of costs to the judge presiding at the retrial or rehearing.
(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.
(13) At any time after a family law case is started, the court may on application order the family law case to be transferred from the registry in which it is being conducted to any other registry of the court for any or all purposes.
(1) This rule applies only to those family law cases 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.
(2) Subject to this rule, a person wishing to file a document may transmit that document by fax to the applicable court registry.
(3) A document may be transmitted by fax to a registry for filing if
(a) the document is transmitted to the appropriate registry at the fax number designated for that registry by a practice direction of the Chief Justice,
(i) sent under cover of a fax cover sheet in Form F95, and
(ii) accompanied by payment of the applicable filing fees, and
(4) The following documents may not be transmitted by fax to a registry for filing:
(a) any document pertaining to the following:
(ii) reciprocal enforcement of orders under the Court Order Enforcement Act;
(b) any of the following documents:
(i) a certified copy of any document being filed for enforcement purposes;
(ii) an application record or a petition record;
(iv) a proof of marriage from a foreign jurisdiction;
(v) a certificate of judgment;
(vi) a certificate of pending litigation;
(vii) an affidavit of service submitted for filing in support of a default order;
(c) any of the following documents, unless their submission by fax is authorized by the Manager, Supreme Court Scheduling of the receiving registry:
(iii) and (iv) Repealed. [B.C. Reg. 119/2010, Sch. B, s. 26 (b).]
(v) a requisition to reset a hearing or trial;
(vi) a requisition requesting a judicial case conference;
(d) a document that, with the fax cover sheet, exceeds 30 pages in length, unless its submission by fax is authorized by a registrar.
[am. B.C. Reg. 119/2010, Sch. B, s. 26.]
(5) A document that is transmitted by fax to a registry for filing in accordance with subrule (3) and that is approved for filing by the registrar is filed as follows:
(a) the document is filed on the day it is received by the registry if any of the document, other than the fax cover sheet, is received at the fax machine of the registry at or before 4 p.m. on a day on which the registry is open for business;
(b) the document is filed on the next day on which the registry is open for business in any other case.
(6) After a document is received at the fax machine of the registry, a registrar must do the following in accordance with subrule (7):
(a) if the document was transmitted for filing in accordance with subrule (3) and was approved for filing by the registrar, provide to the person identified as the submitting party on the fax cover sheet
(i) confirmation of the fees paid, and
(ii) the first page of the filed document, bearing the registry stamp and file number;
(b) if the document was not transmitted for filing in accordance with subrule (3), or was not approved for filing by the registrar, provide to the person identified as the submitting party on the fax cover sheet
(i) a notice that the document has not been filed and the reasons for non-acceptance, and
(7) For the purposes of subrule (6), a registrar may provide the documents referred to in that subrule to the person identified as the submitting party on the fax cover sheet
(a) by transmitting those documents by fax to the fax number shown on the fax cover sheet as the fax number for the submitting party, or
(b) in any other manner the registrar considers appropriate.
(8) The court may require that the original of a document that has been filed under this rule be produced.
(1) In this rule:
"electronic document" means a document that has been transmitted for filing electronically;
"electronic services agreement" means an agreement referred to in subrule (3);
"registered user" means a person who has entered into an electronic services agreement.
(2) In the event of a conflict between this rule and another rule, this rule applies.
(3) A person wishing to file documents in a registry under this rule must
(a) enter into an agreement with the Court Services Branch of the Ministry of Attorney General respecting the terms and conditions under which those filings may be made, and
(b) submit documents for filing in accordance with that agreement.
[am. B.C. Regs. 27/2013, Sch. 2, s. 15; 99/2018, Sch. 2, s. 18.]
(4) A registered user may electronically transmit a document to a registry for filing if
(a) the document is accompanied by payment of the applicable filing fees, and
(5) The following documents may not be transmitted for filing electronically:
(a) any document pertaining to the reciprocal enforcement of orders under the Court Order Enforcement Act;
(b) any of the following documents:
(i) a certified copy of any document being filed for enforcement purposes;
(ii) an application record, a petition record or a hearing record;
(iv) a proof of marriage from a foreign jurisdiction, unless such proof is issued electronically;
(v) a certificate of judgment;
(vi) a certificate of pending litigation;
(vii) an affidavit, filed under Rule 14-7 (59), that constitutes the evidence in chief of a witness.
[am. B.C. Reg. 121/2014, s. 10.]
(6) An affidavit or other signed document that is being filed for evidentiary purposes, if submitted for filing electronically, must clearly identify the signatory and must be accompanied by a statement, in Form F96, of the lawyer acting for the person on whose behalf the document is submitted for filing or, if that person is unrepresented, by a statement of that person, in Form F96, indicating that
(a) the original paper version of the document appears to bear an original signature of the person identified as the signatory and the person making the Form F96 statement has no reason to believe that the signature placed on the document is not the signature of the identified signatory, and
(b) the version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and the person making the Form F96 statement has no reason to believe that it is not a true copy of the original paper version.
(7) A person who, under subrule (6), submits a document for filing in a family law case must
(a) keep the original paper version of the document until the earliest of
(i) the date on which the family law case, including any appeals, is finally disposed of,
(ii) the date on which the appeal period for that family law case has expired if no notice of appeal respecting the family law case has been filed within that period, and
(iii) the date on which a registrar requests that the original paper version be filed, and
(b) if a request is made under paragraph (a) (iii), file the original paper version promptly after that request is made.
(8) If a document in paper form is filed with a registrar, the registrar may convert the document into electronic form and, in that event, the registrar must
(a) store the conversion in a computer or in another electronic system that the registrar considers appropriate, and
(9) A person who submits a document referred to in subrule (6) for filing electronically must, on request, make the original paper version of that document available for inspection by other parties or their lawyer and by the court.
(10) A person who is entitled to inspect a document under subrule (9) may, if that inspection is denied, file a requisition in Form F17 to request that the original paper version of the document be filed, and, promptly after receipt of that requisition, the registrar must make a request under subrule (7) (a) (iii).
(11) Rule 10-4 continues to apply to affidavits filed under this rule, but, in the event of a conflict between this rule and Rule 10-4 in respect of those affidavits, this rule prevails.
(12) For the purposes of these Supreme Court Family Rules other than subrule (6) of this rule, a document is deemed to have been originally signed if it has been electronically authenticated in the manner contemplated by the applicable electronic services agreement.
(13) If a document that has been transmitted for filing electronically is accepted for filing by a registrar, the document is deemed to have been filed as follows:
(a) if the document is received by the registry at or before 4 p.m. on a day that is not a Saturday or a holiday, the document is deemed to be filed on the day of receipt;
(b) if the document is received by the registry on a Saturday or holiday or after 4 p.m. on any other day, the document is deemed to be filed on the next day that is not a Saturday or a holiday.
(14) After a document that has been transmitted for filing electronically is accepted for filing by a registrar, the registrar must affix an electronic version of the registry stamp to the document and, after that, must provide a copy of the stamped electronic document, in the manner contemplated by the electronic services agreement, to the person who transmitted the document for filing.
(15) After a registrar provides an electronic acceptance of a notice of family claim under subrule (14), the notice of family claim is deemed to have been sealed by the registrar.
(16) After a document has been filed under this rule, a person who is otherwise entitled to view and obtain a copy of the document may, on payment of the proper fee,
(a) obtain from the registry a paper copy of the document,
(b) if a public access computer terminal is available in the registry, view the document on that terminal or, if the document is not available for viewing on that terminal, view on that terminal the information about the document or its contents, if any, that is available on that terminal, or
(c) if the person is a registered user, access the document in accordance with the terms of the electronic services agreement entered into by that person.
(17) A document that may or must be served on a person may, if it is an electronic document, be served on the person as follows:
(a) if the person has provided an e-mail address for service, by e-mailing it to that person's e-mail address for service;
(b) if the lawyer for the person has provided an e-mail address for service, by e-mailing it to that lawyer's e-mail address for service;
(c) if paragraph (a) or (b) applies and, under these Supreme Court Family Rules, multiple copies of the document are to be served, the serving party need serve only a single electronic copy of the document.
(18) Even though a document has been served in accordance with subrule (17), a person may show, on an application to set aside the consequences of default, on an application for an extension of time or on an application in support of a request for an adjournment, that the document
(a) did not come to the person's notice,
(b) did come to the person's notice later than when it was served or effectively served, or
(1) In this rule, unless the context otherwise requires:
"financial institution" means a bank, credit union or trust company designated by the minister;
"funds" means any money that has been paid into or deposited in court, except money paid
(a) under the Court Order Enforcement Act,
(c) in satisfaction of a claim, or
"minister" means the Minister of Finance;
"securities" means any bonds, stocks, shares, debentures or other securities.
(2) All funds must be deposited promptly in a financial institution by a registrar and must, after that, be paid by the registrar to the minister, accompanied by
(a) a certified copy of the order directing payment in, or
(b) if the funds have been paid into court without an order, a statement showing the particulars of the payment in.
(3) All securities deposited in court must be accompanied
(a) by a certified copy of the order directing deposit in court and listing the securities, or
(b) if the securities are deposited without an order listing the securities, by a statement listing the securities.
(4) Promptly after securities are deposited in court, a registrar must transmit those securities to the minister
(a) by registered mail, insured to the extent of the securities' par value, or
(b) through a financial institution,
together with a certified copy of the order or the statement.
(5) Funds and securities must be paid out or delivered, on authority of an order of the court, on production of a certified copy of the order or authorization by a registrar for payment out, and must be paid or delivered to the person named in the order or authorization.
(6) All funds held in court draw interest, payable by the minister, for each 6 month period after December 31, 1992, at 2% below the prime lending rate of the banker to the government on January 1 and July 1 respectively in each year, with interest to be compounded on January 1 and July 1 in each year.
(7) The interest paid under this rule is instead of any interest earned on an investment made by the minister under subrule (10).
(8) Interest under subrule (6) is payable on all funds up to $100 000 from the first day of the month following payment into court until the last day of the month before payment out of court, and on all funds in excess of $100 000 from the date of payment into court until the date of payment out.
(9) For the purpose of segregating the funds from other money held by the minister, the minister must create an account in the treasury designated "Investments, Supreme Court Act", and the funds held in this account
(b) must, at all times, be substantially equal to the funds held by the minister under this rule.
(11) If, by an order of the court, funds are directed to be dealt with, delivered or paid out, the order is a direction to the minister to that effect.
(12) Money paid into court, other than funds, must be deposited by a registrar in a financial institution and be paid out in accordance with the existing practice of the court, but the registrar must pay to the minister all moneys that have been on deposit for more than 2 years.
(13) Money paid to the minister under this rule must be held by the minister in the same manner as funds deposited under subrule (2), except as to payment of interest.
(14) In a family law case in which a sum of money or a security is awarded to a person under a disability, the court may, at or after the trial, order that the whole or any part of the sum or the security be paid,
(a) if the person is an infant, to the Public Guardian and Trustee in trust for the infant, or
(b) in any other case, into court to the credit of the person.
(15) If a sum of money or a security is paid into court under subrule (14) (b), the sum or the security may be paid out of court as the court may direct.
(16) When money is paid into court to the credit of an infant, a copy of the birth certificate of the infant, or other proof to the satisfaction of a registrar of the name and date of birth of the infant, must be filed, unless the registrar dispenses with the filing.
(17) In support of an application for payment out of money paid in under subrule (16), the applicant must file a declaration in Form F97.
Rule 22-6 — Sittings and Hearings
(1) The court must dispose of the business before it at the times and in the places the Chief Justice directs.
(2) In case of urgency, an application may be made personally to a judge, to a master or to a registrar.
(3) In case of urgency, or if the court or a registrar considers it appropriate to do so, the court or the registrar, as the case may be, may conduct a hearing and make an order or decision by telephone, video conference or other communication medium.
[en. B.C. Reg. 65/2013, Sch. B, s. 1 (a).]
(4) On application by a party or on its own initiative, the court may direct
(a) that an application be heard by way of telephone, video conference or other communication medium, and
(4.1) On application by a party or on a registrar's own initiative, a registrar may direct
(a) that a hearing before a registrar be heard by way of telephone, video conference or other communication medium, and
(b) the manner in which the hearing is to be conducted.
[en. B.C. Reg. 65/2013, Sch. B, s. 1 (b).]
(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 F17, 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. B, s. 1 (c).]
Rule 22-7 — Masters, Registrars and Special Referees
(1) Without limiting any other powers of a master under these Supreme Court Family Rules, a master hearing an application has the powers of the court set out in Rules 10-3 (2) to (8) and 10-9 (6) to (8).
(2) A master has the powers and jurisdiction of a registrar under these Supreme Court Family Rules.
(3) A master has the powers of the court to dispose of all non-contentious business in the administration of estates.
(3.1) Before attending a registrar's hearing started by the filing of an appointment, the person taking out the appointment (in this subrule called the "applicant") must provide to the registry where the hearing is to take place, no later than 4 p.m. on the business day that is one full business day before the date set for the hearing, a hearing record as follows:
(a) the hearing record must be in a ring binder or in some other form of secure binding;
(b) the hearing record must contain, in consecutively numbered pages, or separated by tabs, the following documents in the following order:
(i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the applicant and the persons served with the appointment (in this subrule called the "respondents");
(iii) a copy of the filed appointment and of every document that, under these rules, is required to be filed with that appointment;
(iv) a copy of the affidavit of service of the appointment, which copy must not include the exhibits to the affidavit;
(v) if the appointment is to settle an order under Rule 15-1, a copy of the reasons for judgment on which the order is based, a transcript of the order made or a copy of the clerk's notes from the hearing;
(vi) if the appointment is to assess costs under Rule 16-1, a copy of the entered order for costs;
(vii) if the appointment has been filed under Rule 18-1, a copy of the entered order referring the matter to the registrar;
(viii) a copy of every filed affidavit and pleading, and of every other document, that is to be relied on at the hearing;
(c) the hearing record may contain
(i) a draft of the proposed report or certificate, and
(d) the hearing record must not contain
(ii) copies of authorities, including case law, legislation, legal articles or excerpts from text books, or
(iii) any other documents unless they are included with the consent of the applicant and the respondents.
[en. B.C. Reg. 65/2013, Sch. B, s. 2.]
(3.2) Rule 10-6 (15), (17) and (18) applies to a hearing record and, for that purpose, a reference in Rule 10-6 (15), (17) or (18) to "application record" is a reference to a hearing record and a reference to an "applicant" and an "application respondent" is a reference to the applicant and respondent to the registrar's hearing respectively and a reference to the "hearing of the application" is a reference to the hearing of the registrar's hearing.
[en. B.C. Reg. 65/2013, Sch. B, s. 2.]
(4) A registrar may, in respect of any registrar's hearing, whether before that registrar or any other registrar,
(a) extend, shorten or limit the time for any step in the registrar's hearing,
(b) exercise the powers that, under Rule 10-3 (2) and (3) or 22-6 (4), may be exercised by the court,
(c) exercise the powers set out in Rule 18-1 (5), and
(d) direct the parties to attend a pre-hearing conference.
[am. B.C. Reg. 112/2012, Sch. B, s. 4.]
(5) Without limiting Rule 18-1 (5), a registrar conducting a pre-hearing conference may give directions for the conduct of any registrar's hearing, whether or not that registrar's hearing is before the registrar conducting the pre-hearing conference, including, without limitation, directions respecting the following:
(a) the production of documents;
(b) oral examinations for discovery;
(c) service of notices to admit;
(d) service of experts' reports;
(e) any other matter that may assist in the just and efficient determination of the issues.
(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.
(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.
(8) Repealed. [B.C. Reg. 105/2019, s. 2.]
(8.1) An appeal from an order or a decision of a master, registrar or special referee must be brought by filing a notice of appeal in Form F98 within 14 days after the order or decision is made.
[en. B.C. Reg. 105/2019, s. 2.]
(8.2) A copy of the filed notice of appeal and of the appellant's statement of argument in Form F98.1 must be served on the respondent(s) within 7 days after the notice of appeal being filed.
[en. B.C. Reg. 105/2019, s. 2.]
(8.3) A respondent who wishes to oppose the appeal must file a notice of interest in Form F77.
[en. B.C. Reg. 105/2019, s. 2.]
(8.4) A copy of the notice of interest and of the respondent's statement of argument in the form set out in Form F98.2 must be delivered to the appellant within 14 days of after the notice of appeal and appellant's statement of argument being served.
[en. B.C. Reg. 105/2019, s. 2.]
(8.5) If the order or decision from which the appeal is taken was pronounced orally rather than issued in writing, the appellant must order a transcript of the presider's reasons for judgment or decision within 14 days after the order or decision is issued.
[en. B.C. Reg. 105/2019, s. 2.]
(8.6) If the appeal is taken from an order or decision following a hearing in which oral evidence is taken, in addition to a transcript of the reasons for judgment or decision, the appellant must order a transcript of the oral evidence within 14 days after the order or decision is issued.
[en. B.C. Reg. 105/2019, s. 2.]
(8.7) If the hearing of an appeal will require more than 2 hours, the date and time of the hearing must be fixed by Supreme Court Scheduling, and if the hearing of the appeal will require 2 hours or less, it may be set on the chambers list on a date not before the expiry of the time for delivery of the respondent's notice of interest and statement of argument.
[en. B.C. Reg. 105/2019, s. 2.]
(8.8) The appellant must provide to the registry where the hearing of the appeal is to take place, no earlier than 9 a.m. and no later than 4 p.m. on the business day that is one full business day before the date set for the hearing, an appeal record as follows:
(a) the appeal record must be in a ring binder or in some other form of secure binding;
(b) the appeal record must contain
(iii) a copy of the notice of appeal,
(iv) a copy of the order of the master or decision of the registrar or special referee that is the subject of 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,
(vi) a copy of the notice of application and application response, and for registrars' appeals, a copy of the appointment,
(vii) copies of any affidavits that were before the 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,
(ix) the appellant's statement of argument, not to exceed 10 pages, and
(x) the respondent's statement of argument, not to exceed 10 pages.
[en. B.C. Reg. 105/2019, s. 2.]
(8.9) Unless the court otherwise orders, the appellant must retrieve the appeal record at the conclusion of the hearing or, if the appeal is adjourned to a date later than the following business day, after the hearing is adjourned.
[en. B.C. Reg. 105/2019, s. 2.]
(8.10) If the circumstances of an appeal require, the timelines and document filing requirements may be abridged, extended or modified by order under Rule 21-2 (2).
[en. B.C. Reg. 105/2019, s. 2.]
(9)-(10) Repealed. [B.C. Reg. 105/2019, s. 2.]
(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.
(1) Unless the court otherwise orders,
(a) no person, other than the following, may search a registry file in respect of a family law case:
(i) a lawyer, whether or not a lawyer of a party;
(iii) a person authorized in writing by a party;
(iv) a person authorized in writing by a party's lawyer, and
(b) no person, other than the following, may search a registry file in respect of a proceeding under the Child, Family and Community Service Act:
(2) Despite any other power the registrar may have to compile and retain information, the registrar may compile and retain an index, in electronic format or otherwise, that contains the following information respecting proceedings referred to in subrule (1):
(a) the parties as identified in the style of proceeding;
(b) the case file number as set out in the style of proceeding;
(3) Unless the court otherwise orders, any person may, in respect of a proceeding referred to in subrule (1), have access to the information retained in the registry under subrule (2) about that proceeding.
(4) Nothing in this rule requires the registrar to provide access to information in any form or format other than the form and format in which that information is available in the registry at the time that the request for access is made.
(5) The exhibits produced at the trial or hearing of a proceeding referred to in subrule (1) must be sealed by the registrar in a secure manner and, unless the court otherwise orders, no person other than a party's lawyer, a party or a person authorized by a party or by a party's lawyer may search the exhibits.
(6) Unless the court otherwise orders, no person other than a party, a party's lawyer, a person authorized in writing by a party or a person authorized in writing by a party's lawyer may search a separation agreement filed under section 122 of the Family Relations Act.
(1) In this rule:
"appearance", "counterclaim", "requisition", "statement of claim", "statement of defence", "statement of defence to counterclaim", "statement of defence to third party notice", "third party notice" and "writ of summons" have the same meanings as they had in the former Supreme Court Rules;
"transitional family law case" means a family law case that was started before July 1, 2010.
(2) A transitional family law case is deemed to be a family law case started under these Supreme Court Family Rules.
(3) If the person who started a transitional family law case did so by filing a writ of summons or a writ of summons and statement of claim,
(a) the person is deemed to be the claimant in the family law case, and
(b) the writ of summons is, or the writ of summons and statement of claim collectively are, deemed to be the notice of family claim in the family law case.
(4) If the person who started a transitional family law case did so by filing a requisition,
(a) the person is deemed to be the claimant in the family law case, and
(b) the requisition is deemed to be the notice of family claim in the family law case.
(5) If the person who started a transitional family law case did so by filing a petition,
(a) the person is deemed to be the petitioner in the family law case, and
(b) the petition is deemed to be a petition in the family law case.
(6) If a person filed, in a transitional family law case referred to in subrule (3) or (4), an appearance, with or without a statement of defence,
(a) the person is deemed to be a respondent in the family law case, and
(b) the appearance is, or the appearance and statement of defence collectively are, deemed to be a response to family claim in the family law case.
(7) If a person filed, in a transitional family law case referred to in subrule (5), an appearance,
(a) the person is deemed to be a petition respondent, within the meaning of Rule 17-1, in the family law case, and
(b) the appearance is deemed to be a response to petition in the family law case.
(8) If a person filed, in a transitional family law case referred to in subrule (3) or (4), a counterclaim or a third party notice,
(a) the person is deemed to be a respondent in the family law case, and
(b) the counterclaim or third party notice is deemed to be a counterclaim in the family law case.
(9) If, in response to a counterclaim or a third party notice, a person filed in a transitional family law case referred to in subrule (3) or (4) an appearance, with or without a statement of defence to counterclaim or a statement of defence to third party notice,
(a) the person is deemed to be a respondent in the transitional family law case, and
(b) the appearance is, the appearance and statement of defence to counterclaim collectively are, or the appearance and statement of defence to third party notice collectively are, deemed to be a response to counterclaim in the transitional family law case.
(10) Unless the court otherwise orders, if, before July 1, 2010, a person filed a writ of summons, with or without a statement of claim, and that document has not, or those documents have not, been served on a person named as a respondent in the transitional family law case started by that filing, Rule 4-2 applies to the filed document or documents.
(11) Subject to subrule (14) of this rule, a party to a family law case referred to in this rule may, by demand in Form F99, demand that a document that is deemed under this rule to be a notice of family claim, response to family claim, counterclaim, response to counterclaim, petition or response to petition be amended by the party who filed it to make it accord with these Supreme Court Family Rules.
(12) If a demand is served under subrule (11), the party on whom the demand is served must, within 21 days after service, amend the deemed notice of family claim, response to family claim, counterclaim, response to counterclaim, petition or response to petition to make it accord with these Supreme Court Family Rules and that amendment does not constitute an amendment for the purposes of Rule 8-1 (1) (a).
(13) If a demand is served under subrule (11) of this rule and the party on whom the demand is served does not make the amendments required under subrule (12) within the period referred to in that subrule, the demanding party may apply to the court for an order to strike the deemed notice of family claim, response to family claim, counterclaim, response to counterclaim, petition or response to petition of the party on whom the demand is served.
(14) A demand must not be served under subrule (11) if final orders have been made in respect of all of the claims in the family law case.
(15) For the purposes of Rule 6-1 of these Supreme Court Family Rules, until a new address for service is provided for a party to a family law case referred to in this rule, the party is deemed to have, as an address for service in the family law case, that party's address for delivery under the former Supreme Court Rules.
(16) If a step in a family law case is taken before July 1, 2010, the former Supreme Court Rules apply to any right or obligation arising out of or relating to that step if and to the extent that that right or obligation is to have effect before September 1, 2010.
(17) If the trial of a transitional family law case is scheduled to begin before October 1, 2010,
(a) a trial management conference may be held in the transitional family law case at any time, or
(b) if a trial management conference was not required to be held in relation to the transitional family law case under the former Supreme Court Rules, the trial may proceed without a trial management conference.
(18) If there is any dispute in relation to the procedure to be applied to or followed in a family law case referred to in this rule, any party may seek directions.
Rule 23-2 — Family Law Act Transitional Provisions
(1) In these Supreme Court Family Rules, as they relate to a family law case started before March 18, 2013,
(a) a reference to relief referred to in paragraph (a), (b), (c), (d) or (e) of the definition of "family law case" in Rule 1-1 includes reference to relief referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) of the definition of "family law case" in Rule 1-1 as it read before March 18, 2013,
(b) a reference to a claim under the Family Law Act includes reference to a claim under the Family Relations Act,
(c) a reference to a claim or relief under Part 5 of the Family Law Act includes reference to a claim or relief under Part 5 of the Family Relations Act, and
(d) a reference to a claim or relief under Part 6 of the Family Law Act includes reference to a claim or relief under Part 6 of the Family Relations Act.
[en. B.C. Reg. 133/2012, s. 27.]
(2) If a document filed before March 18, 2013 contains one or more claims for relief under the Family Relations Act, the court may, subject to sections 252 and 253 of the Family Law Act, treat the document, as it relates to those claims, as one seeking relief under the Family Law Act and make one or more orders accordingly.
[en. B.C. Reg. 133/2012, s. 27.]
(3) Rule 13-1 as it read before March 18, 2013 applies to any report under section 15 of the Family Relations Act that was completed before March 18, 2013.
[en. B.C. Reg. 133/2012, s. 27.]
(4) A reference in a filed pleading or other filed document to a non-final order is deemed to be a reference to an interim order.
[en. B.C. Reg. 133/2012, s. 27.]
(5) If there is any dispute in relation to the procedure to be applied to or followed in a family law case started before March 18, 2013, any party may seek directions.
[en. B.C. Reg. 133/2012, s. 27.]
(6) If a proceeding started before November 24, 2011 includes a claim for parental support, the provisions of these Supreme Court Family Rules that apply to spousal support claims apply to the claim for parental support.
[en. B.C. Reg. 133/2012, s. 27.]
Appendix A — List of Forms
Form F1 - Notice of Joint Family Claim [en. B.C. Reg. 133/2012, s. 28 as am. by B.C. Reg. 67/2013, Sch. s. 1 (f); am. B.C. Reg. 105/2019, s. 3.]
Form F1.1 - Application for Divorce Under the Civil Marriage Act (Canada) [en. B.C. Reg. 4/2016, s. 3.]
Form F1.2 - Certificate of Divorce Under the Civil Marriage Act (Canada) [en. B.C. Reg. 4/2016, s. 3.]
Form F2 - Notice of Withdrawal from Joint Family Law Case
Form F3 - Notice of Family Claim [en. B.C. Reg. 4/2016, s. 4.]
Form F4 - Response to Family Claim [en. B.C. Reg. 4/2016, s. 4.]
Form F5 - Counterclaim [en. B.C. Reg. 4/2016, s. 4.]
Form F6 - Response to Counterclaim [am. B.C. Regs. 119/2010, Sch. B, s. 28; 133/2012, s. 30; 360/2012, s. 2.]
Form F7 - Notice of Withdrawal in Family Law Case in Which a Divorce Is Claimed
Form F8 - Financial Statement [am. B.C. Reg. 133/2012, s. 31.]
Form F9 - Agreement as to Annual Income
Form F10 - Notice of Address for Service
Form F11 - Notice for Publication [am. B.C. Reg. 133/2012, s. 32.]
Form F13 - Notice and Summary of Document
Form F15 - Affidavit of Personal Service [am. B.C. Reg. 95/2011, Sch. B, s. 7.]
Form F16 - Affidavit of Ordinary Service
Form F17 - Requisition [am. B.C. Reg. 119/2010, Sch. B, s. 29.]
Form F17.1 - Requisition [en. B.C. Reg. 133/2012, s. 33, as. am. by B.C. Reg. 67/2013, s. 1 (m).]
Form F17.2 - Requisition [en. B.C. Reg. 133/2012, s. 33.]
Form F17.3 - Requisition [en. B.C. Reg. 121/2014, s. 11.]
Form F18 - Certificate of Service by Sheriff
Form F19 - Notice of Judicial Case Conference [am. B.C. Regs. 119/2010,Sch. B, s. 30; 133/2012, s. 34.]
Form F20 - List of Documents [en. B.C. Reg. 119/2010, Sch. B, s. 31; am. B.C. Reg. 4/2016, s. 5.]
Form F21 - Appointment to Examine for Discovery [am. B.C. Reg. 4/2016, s. 6.]
Form F23 - Subpoena to Witness [am. B.C. Reg. 133/2012, s. 35.]
Form F25 - Order for Examination of Persons Outside the Jurisdiction
Form F26 - Instructions to Examiner
Form F27 - Order for Issue of a Letter of Request to Judicial Authority of Another Jurisdiction
Form F28 - Letter of Request for Examination of Witness out of Jurisdiction
Form F29 - Requisition for Consent Order or for Order Without Notice
Form F31 - Notice of Application [am. B.C. Regs. 119/2010, Sch. B, s. 32; 241/2010, Sch. B, s. 3; 133/2012, s. 36; 121/2014, s. 12.]
Form F32 - Application Response
Form F33 - Consent Order [am. B.C. Regs. 119/2010, Sch. B, s. 33; 65/2013, Sch. B, s. 3.]
Form F34 - Order Made Without Notice [am. B.C. Reg. 65/2013, Sch. B, s. 3.]
Form F35 - Requisition [am. B.C. Reg. 119/2010, Sch. B, s. 34.]
Form F36 - Certificate [am. B.C. Reg. 95/2011, Sch. B, s. 8.]
Form F37 - Child Support Affidavit [en. B.C. Reg. 58/2012, Sch. B, s. 2; am. B.C. Reg. 133/2012, s. 37, as am. by B.C. Reg. 67/2013, s. 1 (n).]
Form F38 - Affidavit — Desk Order Divorce [en. B.C. Reg. 58/2012, Sch. B, s. 2; am. B.C. Regs. 133/2012, s. 38; 65/2013, Sch. B, s. 4.]
Form F39 - Notice of Discontinuance
Form F40 - Notice of Withdrawal
Form F41 - Security for Receiver
Form F42 - Security of Receiver by Undertaking
Form F43 - Notice to Cross-examine [am. B.C. Reg. 133/2012, s. 39.]
Form F44 - Notice of Trial [am. B.C. Regs. 119/2010, Sch. B, s. 37; 95/2011, Sch. B, s. 12; 104/2015, s. 4.]
Form F45 - Trial Brief [am. B.C. Regs. 95/2011, Sch. B, s. 13; 121/2014, s. 13.]
Form F46 - Trial Certificate [am. B.C. Reg. 119/2010, Sch. B, s. 38.]
Form F48 - Notice of Intention to Proceed
Form F49 - Notice of Intention to Call Adverse Party as a Witness
Form F50 - Warrant After Subpoena
Form F51 - Order Made After Application [en. B.C. Reg. 58/2012, Sch. B, s. 2; am. B.C. Regs. 133/2012, s. 40; 65/2013, Sch. B, s. 5.]
Form F51.1 - Order Made at Judicial Case Conference [en. B.C. Reg. 104/2015, s. 5.]
Form F52 - Final Order [en. B.C. Reg. 58/2012, Sch. B, s. 2; am. B.C. Regs. 65/2013, Sch. B, s. 6; 121/2014, s. 14.]
Form F53 - Repealed. [B.C. Reg. 119/2010, Sch. B, s. 39.]
Form F54 - Protection Order [en. B.C. Reg. 133/2012, s. 41.]
Form F54.1 - Change of Protection Order [en. B.C. Reg. 133/2012, s. 41.]
Form F54.2 - Restraining Order [en. B.C. Reg. 133/2012, s. 41, as am. by B.C. Reg. 67/2013, s. 1 (o).]
Form F55 - Appointment [am. B.C. Reg. 133/2012, s. 42.]
Form F56 - Certificate of Divorce
Form F57 - Writ of Seizure and Sale
Form F58 - Writ of Sequestration [am. B.C. Reg. 95/2011, Sch. B, s. 15.]
Form F59 - Writ of Possession [am. B.C. Reg. 95/2011, Sch. B, s. 15.]
Form F60 - Writ of Delivery [am. B.C. Reg. 95/2011, Sch. B, s. 15.]
Form F61 - Writ of Delivery or Assessed Value [am. B.C. Reg. 95/2011, Sch. B, s. 15.]
Form F62 - Acknowledgment of Payment
Form F63 - Summons to a Default Hearing Under the Family Maintenance Enforcement Act [am. B.C. Reg. 133/2012, s. 43.]
Form F64 - Summons to a Committal Hearing Under the Family Maintenance Enforcement Act
Form F68 - Notice of Application for Committal
Form F70 - Certificate of Result of Sale
Form F71 - Bill of Costs [am. B.C. Regs. 119/2010, Sch. B, s. 40; 92/2013, Sch. B.]
Form F71.1 - List of Expenses [en. B.C. Reg. 133/2012, s. 44.]
Form F72 - Certificate of Costs or Expenses [am. B.C. Reg. 133/2012, s. 45, as am. by B.C. Reg. 67/2013, s. 1 (p).]
Form F73 - Petition to the Court [am. B.C. Regs. 95/2011, Sch. B, s. 16; 65/2013, Sch. B, s. 7.]
Form F74 - Response to Petition
Form F78 - Jurisdictional Response
Form F79 - Notice of Appeal if Directions Required [am. B.C. Regs. 119/2010, Sch. B, s. 41; 95/2011, Sch. B, s. 17.]
Form F80 - Notice of Appeal — Standard Directions [am. B.C. Regs. 119/2010, Sch. B, s. 42; 95/2011, Sch. B, s. 17.]
Form F81 - Notice of Hearing of Appeal
Form F82 - Notice of Abandonment of Appeal
Form F83 - Order to Register Foreign Judgment
Form F84 - Affidavit of Attainment of Majority
Form F85 - Order to Waive Fees [en. B.C. Reg. 58/2012, Sch. B, s. 2; am. B.C. Reg. 112/2012, Sch. B, s. 5.]
Form F86 - Affidavit in Support of Order to Waive Fees [am. B.C. Regs. 95/2011, Sch. B, s. 18; 112/2012, Sch. B, s. 6.]
Form F87 - Notice of Appointment or Change of Lawyer
Form F88 - Notice of Intention to Act in Person
Form F89 - Notice of Intention to Withdraw as Lawyer [am. B.C. Reg. 95/2011, Sch. B, s. 19.]
Form F91 - Notice of Withdrawal of Lawyer
Form F95 - Fax Cover Sheet [en. B.C. 112/2012, Sch. B, s. 7; am. B.C. Reg. 105/2019, s. 4.]
Form F96 - Electronic Filing Statement [am. B.C. Reg. 112/2012, Sch. B, s. 8.]
Form F98 - Notice of Appeal from Master, Registrar or Special Referee [am. B.C. Regs. 119/2010, Sch. B, s. 44; 105/2019, s. 5.]
Form F98.1 - Appellant's Statement of Argument [en. B.C. Reg. 105/2019, s. 6.]
Form F98.2 - Respondent's Statement of Argument [en. B.C. Reg. 105/2019, s. 6.]
Form F100 - Certificate of Mediation [en. B.C. Reg. 95/2011, Sch. B, s. 21.]
Form F101 - Affidavit [en. B.C. Reg. 41/2013, s. 9.]
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant 1:
Claimant 2:
NOTICE OF JOINT FAMILY CLAIM
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
1 Relationship history [Check the correct box(es) and complete the required information.]
| Claimant 1 and Claimant 2: | |
| [ ] began to live together in a marriage-like relationship on ................[dd/mmm/yyyy]................. | |
| [ ] were married on ................[dd/mmm/yyyy]................. | |
| [ ] separated on ................[dd/mmm/yyyy]................. | |
| [ ] were divorced from each other by order made on ................[dd/mmm/yyyy]................. | |
| [ ] were never married | |
2 Divorce [Complete if you are asking for a divorce order.]
| [ ] Claimant 1 and Claimant 2 are asking for a divorce order. | ||
| A Personal information: | ||
| Claimant 1 | Claimant 2 | |
| Birthdate: [dd/mmm/yyyy] | ||
| Ordinarily resident in British Columbia since: [dd/mmm/yyyy] | ||
| Surname at birth: | ||
| Surname immediately before marriage: | ||
| Marital status immediately before marriage: | [ ] never married [ ] divorced [ ] widowed | [ ] never married [ ] divorced [ ] widowed |
| Place of marriage: [city or town; province or state; country] | ||
| B Grounds for claim for divorce: | |
| [If divorce is claimed as a result of having lived separate and apart, complete paragraph (i).] | |
| (i) [ ] Claimant 1 and Claimant 2 have lived separate and apart since ....................[dd/mmm/yyyy]................. | |
| AND | |
| [Check whichever one of the following boxes is correct and complete any required information.] | |
| [ ] Claimant 1 and Claimant 2 have not lived together since then | |
| [ ] Claimant 1 and Claimant 2 have lived together again during the following period(s), in an unsuccessful attempt to reconcile: ...............[give dates of period(s)]............... | |
| [If divorce is claimed on grounds other than having lived separate and apart, complete paragraph (ii) by checking both of the following boxes and completing the required information.] | |
| (ii) [ ] Other grounds, under section 8 (2) (b) of the Divorce Act (Canada): ...............[state the grounds]............... | |
| AND | |
| [ ] There has been no condonation of any act relied on under section 8 (2) (b) of the Divorce Act (Canada) as a ground for divorce. | |
| C Claimant 1 and Claimant 2 confirm that: [Check both of the following boxes.] | |
| [ ] There is no possibility of reconciliation. | |
| [ ] There has been no collusion, as defined in section 11 (4) of the Divorce Act (Canada), in relation to this claim for divorce. | |
| D Proof of marriage: [Check whichever one of the following boxes is correct and complete any required information.] | |
| [ ] A certificate of marriage or registration of marriage has been filed. | |
| [ ] A certificate of marriage or registration of marriage is not being filed with this notice of joint family claim because ...............[state the reasons]............... and the certificate will be filed before this claim is set down for trial or an application is made for an order of divorce. | |
| [ ] It is impossible to obtain a certificate of marriage or registration of marriage because: ...............[state the reasons]............... . | |
3 Information concerning children [Check whichever one of the following boxes is correct and complete any required information.]
| Children: | ||
| [ ] There are no children of the marriage, as defined by the Divorce Act (Canada), or children of whom Claimant 1 and Claimant 2 are parents within the meaning of the Family Law Act. | ||
| [OR] | ||
| [ ] There are children of the marriage, as defined by the Divorce Act (Canada), or children of whom Claimant 1 and Claimant 2 are parents within the meaning of the Family Law Act, and those children are: | ||
| Full name: | Birth date: [dd/mmm/yyyy] | Resides with: |
4 Orders asked for in relation to children [Complete section 4 for those children in relation to whom you are asking for an order.]
| A [ ] Claimant 1 and Claimant 2 are asking for the following order respecting arrangements for parenting or contact: ...............[set out terms of proposed order]............... | |
| B [ ] Claimant 1 and Claimant 2 are asking for an order for child support as follows: ...............[set out terms of proposed order]............... | |