Introduction

    The purpose of these rules is to make it as easy as possible for people to use the court to resolve their disputes. If necessary, there will be a trial and a judge or a justice will decide the claim. However, both sides are encouraged to try to come to an agreement. A settlement is always possible, even after a judge or a justice has made a decision.

[am. B.C. Regs. 360/2007, s. 1; 191/2021, s. 1.]

Definitions

    In these rules:

"business day" means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday;

"civil resolution tribunal" means the Civil Resolution Tribunal established under the Civil Resolution Tribunal Act;

"claimant" means the person who is making the claim;

"court" means the Provincial Court of British Columbia;

"creditor" means a person to whom, by order of the court, a debtor must pay money;

"debtor" means a person who, by order of the court, must pay money to a creditor;

"defendant" means the person against whom the claim is made;

"hearing" includes a trial;

"justice" means a judicial justice or a justice of the peace;

"method of attendance", in relation to a conference, hearing or mediation session, includes

(a) attending in person, and

(b) attending by telephone, video conference or other means of electronic communication;

"tribunal accident claim" means

(a) an accident claim, as defined in the Civil Resolution Tribunal Act, and

(b) a claim purported to be an accident claim, as defined in the Civil Resolution Tribunal Act;

"tribunal small claim" means

(a) a tribunal small claim, as defined in the Civil Resolution Tribunal Act, and

(b) a claim purported to be a tribunal small claim, as defined in the Civil Resolution Tribunal Act;

[am. B.C. Regs. 120/2017, Sch. 2, s. 1; 191/2021, s. 2; 161/2022, s. 1.]

Completing a notice of claim

(1) To make a claim, other than a claim to which Rule 1.1 applies, a person must complete a notice of claim (Form 1) and an address for service (Form 38), following the instructions on the forms.

[am. B.C. Regs. 120/2017, Sch. 2, s. 2; 191/2021, s. 3.]

Filing a notice of claim

(2) A claimant must file a notice of claim and an address for service and pay the required fee at the Small Claims Registry nearest to where

(a) the defendant lives or carries on business, or

(b) the transaction or event that resulted in the claim took place.

[am. B.C. Reg. 191/2021, s. 4.]

If the defendant is a company

(2.1) If the defendant is a company within the meaning of the Business Corporations Act, the claimant must file with the notice of claim a printout of a search showing the most recent address of the registered office of the company on file with the Registrar of Companies.

[en. B.C. Reg. 148/97, s. 1; am. B.C. Reg. 428/2004, s. 1.]

If the defendant is a society

(2.2) If the defendant is a society within the meaning of the Societies Act, the claimant must file with the notice of claim a printout of a search showing the delivery address and mailing address of the society's registered office on file with the Registrar of Companies.

[en. B.C. Reg. 212/2015, Sch. 3, s. 1.]

If a claimant wants to claim against more than one defendant

(3) A claimant may name more than one defendant in a notice of claim, but only if the claim against each defendant is related to or connected with the original subject matter of the claim.

If the claim is for more than $35 000

(4) A claimant who has a claim amounting to more than $35 000, not including interest and expenses, may abandon part of the claim so that the balance of the claim may be heard in the court.

[am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 3.]

Litigation guardian needs Public Guardian and Trustee's consent

(4.1) A person (litigation guardian) who makes a claim for personal injury on behalf of someone who is under 19 years of age or under another legal disability may abandon part of the claim under subrule (4), but only with the consent of the Public Guardian and Trustee.

[en. B.C. Reg. 148/97, s. 1; am. B.C. Reg. 172/2003, s. 1.]

Abandoning part of a claim

(5) To abandon part of a claim, a claimant must say on the notice of claim that the amount over $35 000 is abandoned.

[am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 3.]

Effect of abandoning part of a claim

(6) Subject to subrule (7), a claimant who abandons part of a claim may not at any time sue for that part, unless the whole of the claim is withdrawn under Rule 4 (9) and then pursued in the Supreme Court.

[am. B.C. Reg. 148/97, s. 1.]

Effect of transfer on abandonment

(7) If a claim is transferred to the Supreme Court under Rule 7.1, the claimant may sue for the whole amount to which the claimant may be entitled whether or not part of the claim was abandoned in the Provincial Court.

[en. B.C. Reg. 148/97, s. 1.]

Definitions

(1) In this rule:

"filing party" means the person who completes and files a notice of civil resolution tribunal claim (Form 34);

"initiating notice" has the same meaning as in the Civil Resolution Tribunal Act;

"initiating party" has the same meaning as in the Civil Resolution Tribunal Act;

"response" means a response made under section 7 of the Civil Resolution Tribunal Act.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Claim to which this rule applies

(2) This rule applies to a claim if one or more of the following apply:

(a) the civil resolution tribunal has made a final decision in relation to the claim, and a party has filed a notice of objection under section 56.1 of the Civil Resolution Tribunal Act;

(b) after the civil resolution tribunal has given the initiating party an initiating notice in relation to the claim, the civil resolution tribunal has refused to resolve the claim;

(c) the court orders that the civil resolution tribunal not adjudicate the claim.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Completing a notice of civil resolution tribunal claim

(3) To make a claim in respect of which this rule applies, a person must complete a notice of civil resolution tribunal claim (Form 34) and an address for service (Form 38), following the instructions on the forms.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 191/2021, s. 3.]

Identification of parties for notice of civil resolution tribunal claim

(4) For the purposes of the notice of civil resolution tribunal claim,

(a) a claimant is the initiating party who made the initial request to the civil resolution tribunal and who was first given an initiating notice in relation to a claim in the proceeding before the civil resolution tribunal,

(b) a defendant is, in relation to the initiating notice referred to in paragraph (a), a person who was required to make a response, and

(c) a third party is a person, other than a claimant or defendant, who was required to make a response in the proceeding before the civil resolution tribunal referred to in paragraph (a).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Filing a notice of civil resolution tribunal claim

(5) A person must file a notice of civil resolution tribunal claim at the Small Claims Registry nearest to where

(a) the defendant lives or carries on business, or

(b) the transaction or event that resulted in the claim took place.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

If the defendant or third party is a company

(6) If the defendant or third party is a company within the meaning of the Business Corporations Act, the filing party must file with the notice of civil resolution tribunal claim a printout of a search showing the most recent address of the registered office of the company on file with the Registrar of Companies.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

If the defendant or third party is a society

(7) If the defendant or third party is a society within the meaning of the Societies Act, the filing party must file with the notice of civil resolution tribunal claim a printout of a search showing the delivery address and mailing address of the society's registered office on file with the Registrar of Companies.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Documents to be filed with the notice of civil resolution tribunal claim

(8) The filing party must file the following with the notice of civil resolution tribunal claim:

(a) the following documents in respect of all tribunal small claims that were to be resolved in a single proceeding before the civil resolution tribunal:

(i) all initiating notices received by the filing party;

(ii) all responses received or made by the filing party;

(b) one of the following documents in respect of a tribunal small claim referred to in paragraph (a):

(i) a certificate provided by the civil resolution tribunal to the filing party under section 56.2 of the Civil Resolution Tribunal Act;

(ii) a notice provided by the civil resolution tribunal to the filing party to notify the filing party that the civil resolution tribunal refuses to resolve the tribunal small claim;

(iii) a copy of the order, made under section 16.2 of the Civil Resolution Tribunal Act, that the civil resolution tribunal not adjudicate the tribunal small claim;

(c) an address for service (Form 38).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Regs. 267/2018, s. 1; 191/2021, s. 5.]

Claim continued

(9) A claim made by a claimant against a defendant and set out in an initiating notice filed under subrule (8) with a notice of civil resolution tribunal claim is continued as a claim made under these rules against the defendant.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Claimant who is not the filing party must file an address for service

(9.1) If a claim is continued under subrule (9) and the claimant is not the filing party, the claimant must file an address for service (Form 38) and serve a copy on each of the other parties.

[en. B.C. Reg. 191/2021, s. 6.]

What must be served on the other parties?

(10) The filing party must serve each of the other parties named in the notice of civil resolution tribunal claim with the following:

(a) the other party's copy of the notice of civil resolution tribunal claim;

(b) a copy of the documents filed under subrule (8) with the notice of civil resolution tribunal claim;

(c) a blank reply form (Form 2) for each claim made against the other party for which the other party does not have a response continued as a reply under this rule;

(d) a blank address for service form (Form 38).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 191/2021, s. 7.]

How to serve an individual

(11) If any of the other parties referred to in subrule (10) is an individual, the documents referred to in subrule (10) (a) to (c) must be served on the individual by

(a) leaving a copy of those documents with the individual, or

(b) mailing a copy of those documents by registered mail to the individual.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How to serve a company

(12) If any of the other parties referred to in subrule (10) is a company within the meaning of the Business Corporations Act, the documents referred to in subrule (10) (a) to (c) must be served,

(a) if the company has a registered office,

(i) by delivering a copy of those documents to the delivery address shown for that registered office in the office of the Registrar of Companies, or

(ii) by mailing a copy of those documents by registered mail to the mailing address shown for that registered office in the office of the Registrar of Companies,

(b) if the company's registered office has been eliminated, in the manner ordered by the court, or

(c) in either case, by leaving a copy of those documents

(i) at the place of business of the company, with a receptionist or a person who appears to manage or control the company's business there, or

(ii) with a director, officer, liquidator, trustee in bankruptcy or receiver manager of the company.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How to serve an extraprovincial company

(13) If any of the other parties referred to in subrule (10) is an extraprovincial company within the meaning of the Business Corporations Act, the documents referred to in subrule (10) (a) to (c) must be served

(a) by delivering a copy of those documents to the delivery address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,

(b) by mailing a copy of those documents by registered mail to the mailing address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,

(c) by mailing a copy of those documents by registered mail to the mailing address shown in the office of the Registrar of Companies for any attorney appointed for the extraprovincial company under Division 2 of Part 11 of the Business Corporations Act,

(d) by leaving a copy of those documents with the attorney, or

(e) if no attorney has been appointed, by following subrule (12) (c).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How to serve a partnership

(14) If any of the other parties referred to in subrule (10) is a partnership, the documents referred to in subrule (10) (a) to (c) must be served by mailing a copy of those documents by registered mail to a partner, or by leaving a copy of those documents

(a) with a partner,

(b) at a place of business of the partnership, with a person who appears to manage or control the partnership business there, or

(c) with a receptionist who works at a place of business of the partnership.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Other service rules — see Rule 18

(15) Subject to subrule (16), the provisions in Rule 18 apply if

(a) any other party referred to in subrule (10) of this rule is a municipality, a person under 19, a society, an extraprovincial non-share corporation within the meaning of the Societies Act, or an unincorporated association including a trade union,

(b) the filing party needs to serve the notice of civil resolution tribunal claim on a person outside British Columbia, or

(c) the filing party is having difficulty serving any other party.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Application of Rule 18 in relation to third parties

(16) For the purposes of applying Rule 18 to a claim to which this rule applies,

(a) a reference in Rule 18 to a "notice of claim" must be read as a reference to a "notice of civil resolution tribunal claim",

(b) a reference in Rule 18 (8) to a "claimant" must be read as a reference to a "filing party", and

(c) a notice of civil resolution tribunal claim may be served on a claimant or third party in the same way as required for service of a notice of civil resolution tribunal claim on a defendant.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 161/2022, s. 2.]

Time limit for service

(17) If a notice of civil resolution tribunal claim has not been served within 28 days after it was filed it expires, but the filing party may apply to have it renewed (see Rule 16 (3)).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

If a party has not filed an address for service

(17.1) Until a party files an address for service (Form 38), documents must be served on the party at the address for service, if any, that the party provided to the civil resolution tribunal.

[en. B.C. Reg. 191/2021, s. 8.]

Previous response continued as a reply

(18) A response made by a defendant is continued as a reply to a claim if

(a) the defendant made a response in respect of the claim when the claim was proceeding before the civil resolution tribunal as a tribunal small claim,

(b) the response is filed under subrule (8) with a notice of civil resolution tribunal claim, and

(c) the claim is continued under subrule (9).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Defendant who is not the filing party must file an address for service

(18.1) If a defendant's response is continued under subrule (18) as a reply to a claim and the defendant is not the filing party, the defendant must file an address for service (Form 38) and serve a copy on each of the other parties.

[en. B.C. Reg. 191/2021, s. 9

Rule 3 does not apply

(19) Rule 3 does not apply in relation to a response continued as a reply under subrule (18) of this rule.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

What are a defendant's options?

(20) A defendant who receives a notice of civil resolution tribunal claim and who does not have a response continued as a reply under subrule (18) may do any one or more of the following:

(a) pay the amount claimed directly to the claimant and ask the claimant to withdraw the claim (see Rule 8);

(b) admit all or part of the claim;

(c) admit all or part of the claim and propose a payment schedule (see Rule 11 (4));

(d) oppose all or part of the claim by listing reasons why the claim is opposed;

(e) with the permission of a judge, make a counterclaim against the claimant (see subrule (26)).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How does a defendant reply?

(21) To do anything set out in subrule (20) (b) to (e), a defendant must complete a reply (Form 2) and an address for service (Form 38), following the instructions on the forms.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 191/2021, s. 3.]

Where does a defendant file a reply?

(22) A defendant must file a reply and an address for service at the registry where the notice of civil resolution tribunal claim was filed and, except where the defendant has agreed to pay all of the claim, pay the required fee.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 191/2021, s. 10.]

Time limit for replying

(23) If a notice of civil resolution tribunal claim is served on a defendant, the reply must be filed

(a) within 14 days after service if the defendant was served in British Columbia or within 30 days after service if the defendant was served outside British Columbia, and

(b) before the registrar has made a default order or set a date for a hearing.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How a reply is served

(24) Within 21 days after a reply and an address for service are filed under subrule (22), the registrar must serve a copy on each of the other parties.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 191/2021, s. 11.]

How an admission is accepted

(25) If a defendant admits in a reply all or part of the claim, the claimant may accept the admission in full settlement of the claim, interest and expenses by filing, before the settlement conference or trial conference, a payment order in the same terms as the admission.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Restrictions on making a counterclaim if proceeding started by notice of civil resolution tribunal claim

(26) Rule 4 does not apply to a defendant if the proceeding was started by a notice of civil resolution tribunal claim, unless the defendant has the permission of a judge to make a counterclaim (see Rule 16 (7)).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Claim made before civil resolution tribunal continued as a counterclaim

(27) A claim made by a defendant against a claimant and set out in an initiating notice filed under subrule (8) with a notice of civil resolution tribunal claim is continued as a counterclaim made under these rules against the claimant.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Rule 4 does not apply

(28) Rule 4 does not apply in relation to a claim continued as a counterclaim under subrule (27) of this rule.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Previous response continued as a reply

(29) A response made by a claimant is continued as a reply to a counterclaim if

(a) the claimant made a response in respect of a claim when the claim was proceeding before the civil resolution tribunal as a tribunal small claim,

(b) the response is filed under subrule (8) with the notice of civil resolution tribunal claim, and

(c) the claim is continued as a counterclaim under subrule (27).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Rule 3 does not apply

(30) Rule 3 does not apply in relation to a response continued as a reply under subrule (29) of this rule.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

What are the claimant's options?

(31) If a counterclaim against a claimant is continued under subrule (27) and the claimant did not have a response continued as a reply under subrule (29), the claimant may do one or more of the following:

(a) pay the amount of the counterclaim directly to the defendant and ask the defendant to withdraw the counterclaim;

(b) admit all or part of the counterclaim;

(c) admit all or part of the counterclaim and propose a payment schedule (see Rule 11 (4));

(d) oppose all or part of the counterclaim by listing reasons why the counterclaim is opposed.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How a claimant replies

(32) To do anything set out in subrule (31) (b) to (d), a claimant must

(a) complete a reply (Form 2) and an address for service following the instructions on the forms,

(b) file the reply and the address for service (Form 38),

(i) if the claimant is the filing party, with the notice of civil resolution tribunal claim, or

(ii) if the claimant is not the filing party and the notice of civil resolution tribunal claim is served on the claimant,

(A) within 14 days after service if the claimant was served in British Columbia or within 30 days after service if the claimant was served outside British Columbia, and

(B) before the registrar has made a default order or set a date for a hearing, and

(c) pay the required fee unless the claimant has agreed to pay all of the counterclaim.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 191/2021, s. 12.]

How a reply is served

(33) Within 21 days after a reply and an address for service are filed under subrule (32), the registrar must serve a copy on each of the other parties.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 191/2021, s. 11.]

How an admission is accepted

(34) If a claimant admits in a reply all or part of a counterclaim, the defendant may accept the admission in full settlement of the counterclaim, interest and expenses by filing, before the settlement conference or trial conference, a payment order in the same terms as the admission.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Restrictions on making a third party claim if proceeding started by notice of civil resolution tribunal claim

(35) Rule 5 does not apply to a defendant if the proceeding was started by a notice of civil resolution tribunal claim, unless the defendant has the permission of a judge to make a claim against another person (see Rule 16 (7)).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Claim made to civil resolution tribunal continued as a claim against third party

(36) If a defendant thought that a person who was not otherwise a party to the dispute before the civil resolution tribunal was responsible for the claim, the claim made by the defendant against the other person and set out in the initiating notice filed under subrule (8) with the notice of civil resolution tribunal claim is continued as a claim made under these rules against the other person as a third party.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Subrules do not apply

(37) Rule 5 (1) to (7) and (9) does not apply in relation to a claim continued under subrule (36) of this rule.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Previous response continued as a reply

(38) A response made by a third party is continued as a reply to a claim made against the third party if

(a) the third party made a response in respect of the claim when the claim was proceeding before the civil resolution tribunal as a tribunal small claim,

(b) the response is filed under subrule (8) with a notice of civil resolution tribunal claim, and

(c) the claim is continued under subrule (36).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Third party must file an address for service

(38.1) If a response made by a third party is continued under subrule (38) as a reply to a claim made against the third party and the third party is not the filing party, the third party must file an address for service (Form 38) and serve a copy on each of the other parties.

[en. B.C. Reg. 191/2021, s. 13.]

How a third party replies

(39) If a third party receives a notice of civil resolution tribunal claim, does not have a response continued as a reply under subrule (38) and wishes to reply to the claim, the third party must follow subrules (20) to (23) to reply to the claim.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Application for deposit by filing party

(40) If a filing party wishes to apply for an order that a person make a deposit under section 56.3 of the Civil Resolution Tribunal Act, the filing party must file the application with the notice of civil resolution tribunal claim and serve a copy of the application with the notice of civil resolution tribunal claim, unless the filing party has the permission of a judge to make the application on a later date (see Rule 16 (7)).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Application for deposit by party other than filing party

(41) If a party, other than the filing party, wishes to apply for an order that a person make a deposit under section 56.3 of the Civil Resolution Tribunal Act, the party must file the application within 14 days after service of the notice of civil resolution tribunal claim if that party was served in British Columbia or within 30 days after service of the notice of civil resolution tribunal claim if that party was served outside British Columbia, unless that party has the permission of a judge to make the application on a later date.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

If a claimant does not make a deposit

(41.10) If a claimant has been ordered to make a deposit under section 56.3 of the Civil Resolution Tribunal Act and the claimant has failed to make the deposit as ordered, a judge may dismiss the claim under Rule 16 (6) (n.2).

[en. B.C. Reg. 267/2018, s. 2.]

If a defendant does not make a deposit

(41.11) If a defendant has been ordered to make a deposit under section 56.3 of the Civil Resolution Tribunal Act and the defendant has failed to make the deposit as ordered, the claimant may ask the registrar for a default order.

[en. B.C. Reg. 267/2018, s. 2.]

If a third party does not make a deposit

(41.12) If a defendant under a counterclaim or under a third party notice or a third party has been ordered to make a deposit under section 56.3 of the Civil Resolution Tribunal Act and has failed to make the deposit as ordered, no default order will be made except under Rule 16 (6) (n.3).

[en. B.C. Reg. 267/2018, s. 2.]

How to ask for a default order

(41.20) To ask for a default order under subrule (41.11), a claimant must complete Form 5, following the instructions on the form, file it at the registry where the notice of civil resolution tribunal claim was filed and pay the required fee.

[en. B.C. Reg. 267/2018, s. 2.]

If a claim is for a debt

(41.21) If a claim is for a debt and the claimant completes the steps in subrule (41.20), the registrar must make a default order requiring the defendant to pay immediately the amount claimed plus expenses under Rule 20 (2) and any interest the claimant is entitled to.

[en. B.C. Reg. 267/2018, s. 2.]

If a claim is not for a debt

(41.22) If a claim is not for a debt and the claimant completes the steps in subrule (41.20), the registrar must set a date for a hearing before a judge.

[en. B.C. Reg. 267/2018, s. 2.]

Submit documents to registry before hearing

(41.23) At least two business days before the date of a hearing set under subrule (41.22), a claimant must file at the registry all documents on which the claimant intends to rely at the hearing, with a supporting materials cover sheet (Form 39).

[en. B.C. Reg. 161/2022, s. 3.]

Purpose of hearing

(41.30) The purpose of a hearing set under subrule (41.22) is to allow a judge to determine

(a) the amount the claimant is entitled to, if the claim is for money, and

(b) the terms of an appropriate order, in any other case.

[en. B.C. Reg. 267/2018, s. 2.]

Result of hearing

(41.31) After hearing the claimant, the judge may,

(a) if the claim is for money, make a default order that requires the defendant to pay immediately the amount determined by the judge plus expenses under Rule 20 (2) and any interest the claimant is entitled to, and

(b) in any other case, make the appropriate order.

[en. B.C. Reg. 267/2018, s. 2.]

If a claimant does not attend

(41.32) If a claimant does not attend at the time set for a hearing under subrule (41.22), the judge may cancel the hearing, but the claimant may ask the registrar to reschedule it.

[en. B.C. Reg. 267/2018, s. 2.]

How payment may be collected

(41.33) The creditor may collect payment under a default order made under subrule (41.31) (a) by taking any of the steps listed in Rule 11 (11).

[en. B.C. Reg. 267/2018, s. 2.]

Filing party must file a certificate of compliance

(42) A filing party must file at the registry a certificate of compliance (Form 37) within 6 months after the filing party served the notice of civil resolution tribunal claim on all other parties if there is at least one reply filed or continued in respect of the claim.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

What certificate of compliance must contain

(43) If a notice of objection was filed under Division 5 of Part 5 of the Civil Resolution Tribunal Act in respect of the claim, a certificate of compliance must contain one of the following statements:

(a) a statement that no party filed an application for deposit under subrule (40) or (41) within the period provided by the applicable subrule;

(b) a statement that an application for a deposit under section 56.3 of the Civil Resolution Tribunal Act was dismissed;

(c) a statement that an application for a deposit under section 56.3 of the Civil Resolution Tribunal Act was granted and either

(i) the deposit has been made, or

(ii) if the court has ordered that the deposit be paid in instalments, all due instalments have been paid.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 161/2022, s. 4.]

Attachments to be filed in personal injury cases

(44) In a claim by a filing party for damages for personal injuries, the certificate of compliance to be filed under subrule (42) must have attached copies of all

(a) medical reports, and

(b) records of expenses or losses incurred or expected.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

If filing party is not ready to file certificate of compliance

(45) A filing party who is not ready to file the certificate of compliance and attachments within the 6 month period may apply to the registrar (see Rule 16 (3)) to extend the time, before or after the 6 month period has expired.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Certificate of compliance must be served on other parties

(46) Within 14 days after filing a certificate of compliance, the filing party must serve a copy of the certificate and attachments on each of the other parties.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Registrar must schedule settlement conference or trial conference

(47) The registrar must schedule a claim for a settlement conference or a trial conference (see Rule 7 (2) (c)) after a certificate of compliance is filed under subrule (42).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Certificate to be filed in personal injury cases

(48) In a claim by a party, other than the filing party, for damages for personal injuries, the party must file at the registry, within 6 months after the filing party served the notice of civil resolution tribunal claim on that party, a certificate of readiness (Form 7) that has attached copies of all

(a) medical reports, and

(b) records of expenses or losses incurred or expected.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

If a party is not ready to file certificate of readiness

(49) A party, other than the filing party, who is not ready to file a certificate of readiness and attachments within the 6 month period may apply to the registrar (see Rule 16 (3)) to extend the time, before or after the 6 month period has expired.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Certificate of readiness must be served on other parties

(50) Within 14 days after filing a certificate of readiness, the party must serve a copy of the certificate and attachments on each of the other parties.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Who must be served?

(1) The claimant must serve each defendant named in the notice of claim with

(a) the defendant's copy of the notice,

(b) a blank reply form (Form 2),

(c) the claimant's address for service, and

(d) a blank address for service form (Form 38).

[am. B.C. Reg. 191/2021, s. 14.]

How to serve an individual

(2) If the defendant is an individual, the notice of claim must be served by

(a) leaving a copy of it with the defendant, or

(b) mailing a copy of it by registered mail to the defendant.

[am. B.C. Reg. 188/99, s. 1.]

How to serve a company

(3) If the defendant is a company within the meaning of the Business Corporations Act, the notice of claim must be served,

(a) if the company has a registered office,

(i) by delivering a copy of the notice of claim to the delivery address shown for that registered office in the office of the Registrar of Companies, or

(ii) by mailing a copy of the notice of claim by registered mail to the mailing address shown for that registered office in the office of the Registrar of Companies,

(b) if the company's registered office has been eliminated, in the manner ordered by the court, or

(c) in either case, by leaving a copy of the notice of claim

(i) at the place of business of the company, with a receptionist or a person who appears to manage or control the company's business there, or

(ii) with a director, officer, liquidator, trustee in bankruptcy or receiver manager of the company.

[en. B.C. Reg. 428/2004, s. 2.]

How to serve an extraprovincial company

(4) If the defendant is an extraprovincial company within the meaning of the Business Corporations Act, the notice of claim must be served

(a) by delivering a copy of it to the delivery address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,

(b) by mailing a copy of it by registered mail to the mailing address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,

(c) by mailing a copy of it by registered mail to the mailing address shown in the office of the Registrar of Companies for any attorney appointed for the extraprovincial company under Division 2 of Part 11 of the Business Corporations Act,

(d) by leaving a copy of it with the attorney, or

(e) if no attorney has been appointed, by following subrule (3) (c).

[en. B.C. Reg. 428/2004, s. 2.]

How to serve a partnership

(5) If the defendant is a partnership, the notice of claim must be served by mailing a copy of it by registered mail to a partner, or by leaving a copy of it

(a) with a partner,

(b) at a place of business of the partnership, with a person who appears to manage or control the partnership business there, or

(c) with a receptionist who works at a place of business of the partnership.

[am. B.C. Reg. 188/99, s. 1.]

Other service rules — see Rule 18

(6) The provisions in Rule 18 apply if

(a) the defendant is a municipality, a person under 19, a society, an extraprovincial non-share corporation within the meaning of the Societies Act or an unincorporated association including a trade union,

(b) the claimant needs to serve the notice of claim on a person outside British Columbia, or

(c) the claimant is having difficulty serving the defendant.

[am. B.C. Regs. 188/99, s. 1; 212/2015, Sch. 3, s. 2.]

Time limit for service

(7) If a notice of claim has not been served within 12 months after it was filed it expires, but the claimant may apply to have it renewed (see Rule 16 (3)).

What are a defendant's options?

(1) A defendant who receives a notice of claim may do any one or more of the following:

(a) pay the amount claimed directly to the claimant and ask the claimant to withdraw the claim (see Rule 8);

(b) admit all or part of the claim;

(c) admit all or part of the claim and propose a payment schedule (see Rule 11 (4));

(d) oppose all or part of the claim by listing reasons why the claim is opposed;

(e) make a counterclaim against the claimant (see Rule 4).

[am. B.C. Reg. 148/97, s. 2.]

How does a defendant reply?

(2) To do anything set out in subrule (1) (b) to (e), a defendant must complete a reply (Form 2) and an address for service (Form 38), following the instructions on the forms.

[am. B.C. Reg. 191/2021, s. 15.]

Where does a defendant file a reply?

(3) A defendant must file a reply and an address for service at the registry where the notice of claim was filed and, except where the defendant has agreed to pay all of the claim, pay the required fee.

[am. B.C. Reg. 191/2021, s. 10.]

Time limit for replying

(4) If a notice of claim is served on a defendant, the reply must be filed

(a) within 14 days after service if the defendant was served in British Columbia or within 30 days after service if the defendant was served outside British Columbia, and

(b) before the registrar has made a default order or set a date for a hearing.

How a reply is served

(5) Within 21 days after a reply and an address for service are filed, the registrar must serve a copy on each of the other parties.

[am. B.C. Reg. 191/2021, s. 11.]

How an admission is accepted

(6) If a defendant admits in a reply all or part of the claim, the claimant may accept the admission in full settlement of the claim, interest and expenses by filing, before the settlement conference, mediation session or trial conference, a payment order in the same terms as the admission.

[en. B.C. Reg. 148/97, s. 2; am. B.C. Reg. 360/2007, s. 2.]

Making a counterclaim

(1) Subject to Rule 1.1 (26), a defendant may make a counterclaim against the claimant in the reply (Form 2) by

(a) following the instructions on the form, and

(b) paying the required fee.

[en. B.C. Reg. 148/97, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 6.]

When a counterclaim is served

(2) A counterclaim is served on a claimant when a copy of the reply containing the counterclaim is served under Rule 3 (5).

What are the claimant's options?

(3) A claimant who is served with a reply containing a counterclaim may do one or more of the following:

(a) pay the amount of the counterclaim directly to the defendant and ask the defendant to withdraw the counterclaim;

(b) admit all or part of the counterclaim;

(c) admit all or part of the counterclaim and propose a payment schedule (see Rule 11 (4));

(d) oppose all or part of the counterclaim by listing reasons why the counterclaim is opposed.

[en. B.C. Reg. 148/97, s. 4.]

How a claimant replies

(3.1) To do anything set out in subrule (3) (b) to (d), a claimant must

(a) complete a reply (Form 2) following the instructions on the form,

(b) within 14 days after being served with the counterclaim, file the reply in the registry where the notice of claim or notice of civil resolution tribunal claim was filed, and

(c) pay the required fee unless the claimant has agreed to pay all of the counterclaim.

[en. B.C. Reg. 148/97, s. 4; am. B.C. Reg. 120/2017, Sch. 2, s. 7.]

How an admission is accepted

(3.2) If a claimant admits in a reply all or part of a counterclaim, the defendant may accept the admission in full settlement of the counterclaim, interest and expenses by filing, before the settlement conference, mediation session or trial conference, a payment order in the same terms as the admission.

[en. B.C. Reg. 148/97, s. 4; am. B.C. Reg. 360/2007, s. 2.]

If a counterclaim is for more than $35 000

(4) A defendant who has a counterclaim amounting to more than $35 000, not including interest and expenses, may

(a) abandon part of the counterclaim so it may be heard in the court, or

(b) begin an action in the Supreme Court.

[am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 8.]

How to abandon part of a counterclaim

(5) To abandon part of a counterclaim, the defendant must say on the counterclaim part of the reply that the amount over $35 000 is abandoned.

[am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 8.]

Effect of abandoning part of a counterclaim

(6) A defendant who abandons part of a counterclaim may not at any time sue for that part.

If a defendant begins a Supreme Court action

(7) A defendant who begins an action in the Supreme Court against a claimant may apply to a Provincial Court judge for an order changing the date of the small claims trial (see Rule 16 (7)).

If the small claims trial is held first

(8) If the small claims trial is held and a payment order or other order is made against the defendant, the judge may order the claimant not to take any action to enforce the order

(a) until a date set by the judge, or

(b) until a decision is given by the Supreme Court on the defendant's action,

whichever comes first.

If a claimant has already abandoned part of a claim

(9) If a defendant begins an action in the Supreme Court against a claimant who has abandoned part of a claim under Rule 1 (5), the claimant may withdraw the claim from the Provincial Court and

(a) begin an action in the Supreme Court and claim the higher amount, or

(b) participate in the action begun by the defendant in the Supreme Court and claim the higher amount.

If a defendant thinks someone else should pay the claim

(1) Subject to Rule 1.1 (35), if a defendant who has filed a reply thinks another person should pay all or part of the claim, the defendant may make a claim against the other person by

(a) completing a third party notice (Form 3), following the instructions on the form if a settlement conference has not been held, or

(b) applying to a judge for an order permitting a claim to be made against the other person if a settlement conference, mediation session or trial conference has been held (see Rule 16 (7)).

[am. B.C. Regs. 360/2007, s. 3 (a); 120/2017, Sch. 2, s. 9.]

Filing a third party notice

(2) The defendant must file a third party notice at the registry where the notice of claim or the notice of civil resolution tribunal claim was filed and pay the required fee.

[am. B.C. Regs. 146/98, s. 1; 120/2017, Sch. 2, s. 10.]

If the third party is a company

(2.1) If the third party is a company within the meaning of the Business Corporations Act, the defendant must file with the third party notice a printout of a search showing the mailing address that is shown for the company's registered office in the office of the Registrar of Companies.

[en. B.C. Reg. 428/2004, s. 3.]

If the third party is a society

(2.2) If the third party is a society within the meaning of the Societies Act, the defendant must file with the third party notice a printout of a search showing the delivery address and mailing address of the society's registered office on file with the Registrar of Companies.

[en. B.C. Reg. 212/2015, Sch. 3, s. 3.]

What documents must be served on the third party?

(3) The defendant must serve the person named as the third party with the following:

(a) a copy of the third party notice;

(b) a blank reply form;

(c) a copy of the notice of claim or the notice of civil resolution tribunal claim;

(d) a copy of the reply to the notice of claim or the notice of civil resolution tribunal claim;

(e) a copy of the notice of settlement conference, mediation session, trial conference or trial, if one has been issued;

(f) a copy of the documents referred to in Rule 1.1 (8) (a) and (b), if a copy of the notice of civil resolution tribunal claim must be served on the person named as the third party;

(g) a blank address for service form (Form 38);

(h) a copy of each party's address for service.

[am. B.C. Regs. 148/97, s. 5; 360/2007, s. 3 (b); 120/2017, Sch. 2, s. 11; 191/2021, s. 16.]

How to serve the third party

(4) The defendant must serve the documents referred to in subrule (3) on the third party in the same way as required for service of a notice of claim (see Rule 2).

Filing a certificate of service

(5) Within 30 days after filing a third party notice, the defendant must file a certificate of service (Form 4) at the registry to prove that the documents have been served as required, unless the third party has filed a reply.

[am. B.C. Reg. 148/97, s. 5.]

If a certificate of service is not filed within 30 days

(5.1) If a certificate of service is not filed in accordance with subrule (5), the third party notice expires but the defendant may apply to have it renewed (see Rule 16 (3)).

[en. B.C. Reg. 148/97, s. 5.]

Notifying the other parties

(6) The registrar must serve a copy of the third party notice on each of the other parties within 21 days after it is filed.

How a third party replies

(7) To reply to a third party notice, the person named as a third party must follow the rules for replying to a claim (see Rule 3), except that instead of filing a reply (Form 2), the third party must file a reply to third party notice (Form 3.1).

[am. B.C. Reg. 161/2022, s. 5.]

What a judge may do

(8) If a third party has been named, a judge may make an order between any of the parties.

Another settlement conference must be held

(9) If a third party files a reply after a settlement conference or trial conference another settlement conference or trial conference must be held, unless a judge orders otherwise.

[am. B.C. Reg. 360/2007, s. 3 (c).]

A claimant may ask for a default order

(1) If a defendant does not file a reply within the time limit (see Rule 3 (4) or 1.1 (23)), the claimant may ask the registrar for a default order.

[am. B.C. Reg. 120/2017, Sch. 2, s. 12.]

Judge's permission needed in certain cases

(2) No default order will be made on a counterclaim or third party notice, except under Rule 16 (6) (c).

How to ask for a default order

(3) To ask for a default order under subrule (1), a claimant must complete Form 5, following the instructions on the form, file it at the registry where the notice of claim or the notice of civil resolution tribunal claim was filed, together with a copy of the certificate of service (Form 4) for the notice of claim or the notice of civil resolution tribunal claim, and pay the required fee.

[am. B.C. Regs. 148/97, s. 6; 146/98, s. 2; 120/2017, Sch. 2, s. 13.]

If a claim is for a debt

(4) If a claim is for a debt and the claimant completes the steps in subrule (3), the registrar must make a default order requiring the defendant to pay immediately the amount claimed plus expenses under Rule 20 (2) and any interest the claimant is entitled to.

If a claim is not for a debt

(5) If a claim is not for a debt and the claimant completes the steps in subrule (3), the registrar must set a date for a hearing before a judge.

Submit documents to registry before hearing

(5.1) At least two business days before the date of a hearing set under subrule (5), a claimant must file at the registry all documents on which the claimant intends to rely at the hearing, with a supporting materials cover sheet (Form 39).

[en. B.C. Reg. 161/2022, s. 6.]

If there are other defendants

(6) If any other defendant has filed a reply and a date is set for a settlement conference, trial conference or trial of the claim, the hearing must be held at that time, unless a judge orders otherwise.

[am. B.C. Reg. 360/2007, s. 4.]

No notice of hearing

(7) A defendant who has not filed a reply is not entitled to receive notice of a hearing under this rule.

A defendant loses the right to reply

(8) After a date is set for a hearing under this rule, a defendant may not file a reply without the permission of a judge (see Rule 16 (7)).

Purpose of hearing

(9) The purpose of a hearing under this rule is to allow a judge to determine

(a) the amount the claimant is entitled to, if the claim is for money, and

(b) the terms of an appropriate order, in any other case.

Result of hearing

(10) After hearing the claimant, the judge may,

(a) if the claim is for money, make a default order that requires the defendant to pay immediately the amount determined by the judge plus expenses under Rule 20 (2) and any interest the claimant is entitled to, and

(b) in any other case, make the appropriate order.

If a claimant does not attend

(11) If a claimant does not attend at the time set for a hearing under this rule, the judge may cancel the hearing, but the claimant may ask the registrar to reschedule it.

How payment may be collected

(12) The creditor may collect payment under a default order by taking any of the steps listed in Rule 11 (11).

Settlement conference

(1) Before a trial date is set, a settlement conference will be held at the time and place set by the registrar.

Settlement conference not required

(2) Despite subrule (1), a settlement conference will not be held if

(a) Rule 9.1 or 9.2 applies to the claim, unless an order is made under Rule 9.2 (13) (c) that the claim be set for a settlement conference under this rule,

(a.1) on or before April 30, 2016, Rule 7.5 applied to the claim,

(b) the claim relates to a motor vehicle accident and only liability for property damage is disputed, or

(c) all of the following apply in relation to the claim:

(i) the proceeding was started by a notice of civil resolution tribunal claim;

(ii) the civil resolution tribunal gave a final decision under section 46 (1) (a) of the Civil Resolution Tribunal Act in relation to the claim unless one of the parties did not make a response under section 7 of that Act;

(iii) a certificate referred to in Rule 1.1 (8) (b) (i) was filed with the notice of civil resolution tribunal claim.

[en. B.C. Reg. 360/2007, s. 5; am. B.C. Regs. 244/2015, Sch. 2, s. 1 and Sch. 3, s. 1; 120/2017, Sch. 2, s. 14.]

Some motor vehicle accident cases proceed directly to trial

(2.1) If subrule (2) (b) applies to the claim, the registrar must set the claim for trial and send a notice of trial to the parties.

[en. B.C. Reg. 360/2007, s. 5.]

Some cases proceed directly to trial conference

(2.2) The registrar must set the claim for a trial conference if subrule (2) (c) applies to the claim.

[en. B.C. Reg. 120/2017, Sch. 2, s. 15.]

Notice of settlement conference

(3) The registrar must serve a notice of settlement conference (Form 6) on the parties at least 28 days before the date set for the settlement conference.

[am. B.C. Reg. 161/2022, s. 7.]

Who must attend

(4) All parties must attend the settlement conference and have authority to settle the claim, and may be accompanied by a lawyer or articled student, except the defendant need not attend if

(a) the claim results from a motor vehicle accident,

(b) the defendant is disputing the amount of the claim but not liability, and

(c) a person appointed by the Insurance Corporation of British Columbia attends instead of the defendant.

Relevant documents and reports

(5) Each party to a claim must

(a) submit all relevant documents and reports to the registry at least 14 days before the date of the settlement conference, and

(b) serve all relevant documents and reports on the other parties at least 7 days before the date of the settlement conference.

[en. B.C. Reg. 161/2022, s. 8.]

Expenses for attending settlement conference unprepared

(6) If a settlement conference cannot be conducted properly because a party is not prepared for it, a judge may order that party to pay the reasonable expenses of the other party or parties.

How to change a settlement conference date

(7) A party may change a settlement conference date by

(a) filing a consent to change the date under Rule 16 (1), or

(b) applying for an order changing the date of the settlement conference at least 7 days before the date set for the settlement conference, unless the registrar orders otherwise, and giving whatever notice to the other party that the registrar or judge requires.

Notice of change of date

(8) If the date of the settlement conference is changed, the registrar must notify the parties of the place and time of the rescheduled conference.

Certificate to be filed in personal injury cases

(9) If a claim is for damages for personal injuries and the proceeding was started by a notice of claim, the claimant must file at the registry, within 6 months after serving the notice of claim and before a settlement conference is held, a certificate of readiness (Form 7) that has attached copies of all

(a) medical reports, and

(b) records of expenses or losses incurred or expected.

[am. B.C. Regs. 148/97, s. 7; 120/2017, Sch. 2, s. 16.]

If the claimant is not ready to file certificate

(10) A claimant who is not ready to file the certificate of readiness and attachments within the 6 month period may apply to the registrar (see Rule 16 (3)) to extend the time, before or after the 6 month period has expired.

Certificate must be served on other parties

(11) Within 14 days after filing a certificate of readiness, the claimant must serve a copy of the certificate and attachments on each of the other parties.

Defendant may request a medical report

(12) A defendant in a claim for damages for personal injuries may apply to a judge (see Rule 16 (7)) to order the claimant to attend a medical practitioner or another person who is authorized under the Health Professions Act to practise a designated health profession for an examination, to be paid for by the defendant.

[am. B.C. Reg. 161/2022, s. 9.]

Report to be given to claimant and provided to registry

(13) After receiving the medical report from the medical practitioner or other person authorized under the Health Professions Act to practise a designated health profession, the defendant must

(a) submit the report to the registry at least 14 days before the date of the settlement conference, and

(b) serve a copy of the report on the claimant at least 7 days before the date of the settlement conference.

[en. B.C. Reg. 161/2022, s. 10.]

What happens at a settlement conference

(14) At a settlement conference, a judge may do one or more of the following:

(a) mediate any issues being disputed;

(b) decide on any issues that do not require evidence;

(c) make a payment order or other appropriate order in the terms agreed to by the parties;

(c.1) order that the claim be set for a trial conference under Rule 7.5;

(d) set a trial date, if a trial is necessary;

(e) discuss any evidence that will be required and the procedure that will be followed if a trial is necessary;

(f) order a party to produce any information at the settlement conference or anything as evidence at trial;

(g) order a party to

(i) give another party copies of documents and records by a set date, or

(ii) allow another party to inspect and copy documents and records by a set date;

(h) if damage to property is involved in the dispute, order a party to permit a person chosen by another party to examine the property damage;

(i) dismiss a claim, counterclaim, reply or third party notice if, after discussion with the parties and reviewing the filed documents, a judge determines that it

(i) is without reasonable grounds,

(ii) discloses no triable issue, or

(iii) is frivolous or an abuse of the court's process;

(j) before dismissing a claim, counterclaim, reply or third party notice, order a party to file an affidavit setting out further information;

(j.1) order that a trial is to be attended by telephone, video conference or other means of electronic communication;

(k) Repealed. [B.C. Reg. 148/97, s. 7 (e).]

(l) make any other order for the just, speedy and inexpensive resolution of the claim.

[am. B.C. Regs. 148/97, s. 7; 244/2015, Sch. 2, s. 2; 120/2017, Sch. 2, s. 17; 161/2022, s. 11.]

If settlement conference judge orders parties to attend trial by telephone, video conference or other means of electronic communication

(14.1) If a judge at a settlement conference orders that a trial is to be attended by telephone, video conference or other means of electronic communication, the judge must also direct how, and by what date, to submit and serve any records and other things on which a party intends to rely at trial.

[en. B.C. Reg. 161/2022, s. 12.]

If a party does not comply with a disclosure order

(15) If a party does not comply with an order under subrule (14) (f), (g), (h) or (j), a judge may at any time do one or more of the following:

(a) adjourn a settlement conference or trial and order that party to pay all the reasonable expenses incurred by any other parties as a result of the adjournment;

(b) order a trial to proceed without permitting that party to produce as evidence any information, document or records withheld as a result of the non-compliance;

(c) dismiss the claim, counterclaim, reply or third party notice.

[en. B.C. Reg. 148/97, s. 7.]

If a payment order is made

(16) If a payment order is made at a settlement conference, Rule 11 (Payment of the Judgment) applies as though the payment order was made following a trial.

If a party does not attend

(17) A judge may dismiss the claim or make a payment order or other appropriate order against a party who does not attend a settlement conference.

Notice of trial date

(18) If a trial date is set at a settlement conference and a party is absent, the registrar must serve a notice of the trial date on that party unless the judge orders otherwise.

Place of the trial

(19) All further steps in the claim, including the trial, will take place where the settlement conference is held except

(a) if a judge orders otherwise, or

(b) as provided in Rule 16 (11) and Rule 17 (8).

If a party does not comply with a settlement agreement

(20) If a settlement is recorded on the court record as an agreement and not as a payment order and a party does not comply with the recorded terms of the agreement,

(a) the agreement is cancelled, and

(b) after filing an affidavit of non-compliance, the claimant may file a payment order in the amount that a judge directed at the settlement conference or, if no direction was made, in the amount of the claim.

[en. B.C. Reg. 148/97, s. 7.]

Settlement conference — transition

(21) If a notice of settlement conference is dated October 2, 2022 or earlier, and if the settlement conference is scheduled to take place on or after October 3, 2022, the following rules apply:

(a) despite Rule 7 (5), the parties must submit all relevant documents and reports to the registry at least two business days before the date of the settlement conference, and are not required to serve all relevant documents and reports on the other parties before the settlement conference;

(b) despite Rule 7 (13) (a), the defendant must submit the medical report referred to in Rule 7 (13) to the registry at least two business days before the date of the settlement conference.

[en. B.C. Reg. 161/2022, s. 12.]

Transfer of claim to Supreme Court

(1) If satisfied that the monetary outcome of a claim (not including interest and expenses) may exceed $35 000, a judge must transfer the claim to the Supreme Court

(a) on application at any time, or

(b) on the judge's own motion at the settlement conference or trial.

[en. B.C. Reg. 148/97, s. 8; am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 18.]

Exception

(2) Despite subrule (1), a claim must not be transferred to the Supreme Court if the claimant chooses to abandon the amount over $35 000 so that the claim may be heard in the Provincial Court.

[en. B.C. Reg. 148/97, s. 8; am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 18.]

Personal injury claims

(3) Before transferring a claim for personal injury to the Supreme Court, a judge must consider any medical reports or records filed by the parties.

[en. B.C. Reg. 148/97, s. 8; am. B.C. Reg. 161/2022, s. 13.]

Multiple claims

(4) If more than one claimant has filed a notice of claim or a notice of civil resolution tribunal claim against the same defendant or defendants with respect to the same event, or if one claimant has filed notices of claim or notices of civil resolution tribunal claim against more than one defendant with respect to the same event, the judge may

(a) hear at one time evidence that relates to all the claims,

(b) apply that evidence to all the claims, and

(c) make a decision in each of the claims,

even though the total monetary outcome of all the claims (not including interest and expenses) is likely to exceed $35 000.

[en. B.C. Reg. 148/97, s. 8; am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, ss. 18 and 19.]

Repealed

(1)-(4.2) Repealed. [B.C. Reg. 267/2018. s. 3.]

Repealed

(5)-(21) Repealed. [B.C. Reg. 135/2015, Sch. 2, s. 1.]

Repealed

(22)-(37) Repealed. [B.C. Reg. 267/2018. s. 3.]

Transitional provision for Rule 7.2

(1) Despite the repeal of Rule 7.2, Rules 7.2 (27) to (29), (31) to (33) and (35) to (37) and 16 (6) (f.2) and (j), as they read on December 31, 2018, continue to apply in relation to a mediation session to which Rule 7.2 applied.

[en. B.C. Reg. 267/2018, s. 4.]

Transitional provision for Rule 7.4

(2) Despite the repeal of Rule 7.4, Rules 7.4 (36) to (39), (40) to (42) and (44) to (46) and 16 (6) (f.2) and (j), as they read on December 31, 2018, continue to apply in relation to a mediation session to which Rule 7.4 applied.

[en. B.C. Reg. 267/2018, s. 4.]

Definitions

(1) In this rule:

"insurer" has the same meaning as in the Insurance Act, and includes the Insurance Corporation of British Columbia;

"mediation" means a collaborative process in which 2 or more parties meet and attempt, with the assistance of a mediator, to resolve issues in dispute between them;

"mediation session" means a meeting between 2 or more parties during which they are engaged in mediation for a period of

(a) 2 hours,

(b) any shorter period that the mediator may direct, or

(c) any shorter or longer period on which the parties may agree;

"mediator" means a neutral and impartial facilitator with no decision making power who assists parties in negotiating a mutually acceptable settlement of issues in dispute between them;

"motor vehicle action" means a proceeding in which damages are claimed for injury or death, or loss of or damage to property, that arises out of the use or operation of a motor vehicle or trailer as those terms are defined in the Motor Vehicle Act;

"party", in relation to a proceeding, includes an insurer of a claimant, defendant or third party if that insurer has a duty to do one or both of the following in relation to the claimant, defendant or third party:

(a) indemnify that party for liability arising out of a claim in the proceeding;

(b) defend any claims made against that party in the proceeding;

"roster organization" means any body designated by the Attorney General to select mediators for the purposes of this rule;

"third party" means a person who is named as a third party under Rule 5, but does not include an insurer who has been made a third party under section 76 of the Insurance (Vehicle) Act;

"third party insurer" means, in relation to a designated action, an insurer that has been made a third party in an action under section 76 of the Insurance (Vehicle) Act.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Regs. 286/2005, s. 2 (a); 145/2007.]

Proceedings to which this rule applies

(2) Subject to subrule (3), a party to a proceeding may initiate mediation in that proceeding under subrule (5) if

(a) the notice of claim that started the proceeding was filed after August 31, 2005, and

(b) a claim in the proceeding amounts to more than $10 000 and not more than $35 000, without taking into account interest or claim-related expenses.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 21.]

Claims to which this rule does not apply

(3) A party to a proceeding may not initiate mediation in that proceeding under subrule (5) if

(a) the proceeding involves a party who has obtained one of the following against another party:

(i) a protection order under section 183 of the Family Law Act;

(ii) a peace bond under section 810 of the Criminal Code,

(a.1) Rule 9.2 applies to a claim in the proceeding, or

(b) the claimant, defendant and cause of action in the proceeding are the same as the plaintiff, defendant and cause of action in an action brought in the Supreme Court.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Regs. 360/2007, s. 6 (a); 358/2012, s. 1; 267/2018, s. 5.]

When this rule ceases to apply

(4) This rule ceases to apply to a proceeding if the proceeding is transferred to the Supreme Court under Rule 7.1.

[en. B.C. Reg. 251/2005, s. 3.]

Initiating mediation

(5) Subject to subrule (7), any party to a proceeding may initiate mediation by

(a) filing a Notice to Mediate for Claims Between $10 000 and $35 000 (Form 29), and

(b) delivering a copy of that filed notice to every other party named on a notice of claim, reply or third party notice that has been filed in the proceeding.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 21.]

When Notice to Mediate for Claims Between $10 000 and $35 000 must be delivered

(6) Unless the court orders otherwise, a Notice to Mediate for Claims Between $10 000 and $35 000 must not be filed and delivered under subrule (5) until a reply has been filed in the proceeding.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 21.]

Not more than one mediation under this rule in any proceeding

(7) Unless the court otherwise orders, not more than one mediation may be initiated under this rule in relation to any proceeding.

[en. B.C. Reg. 251/2005, s. 3.]

Rule does not apply unless mediation is initiated under subrules (5) and (6)

(8) Subrules (9) to (53) do not apply to a proceeding unless mediation is initiated in that proceeding under subrule (5).

[en. B.C. Reg. 251/2005, s. 3.]

Appointment of mediator

(9) The parties must jointly appoint a mutually acceptable mediator within 14 days after the Notice to Mediate for Claims Between $10 000 and $35 000 has been delivered to all parties.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 21.]

Application to roster organization

(10) If the parties do not jointly appoint a mutually acceptable mediator within the time required by subrule (9), any party may apply to a roster organization for an appointment of a mediator.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 271/2010, s. 2 (a).]

Roster organization's appointment procedure

(11) If an application to a roster organization is made under subrule (10), the roster organization must select a mediator after taking into account

(a) the need for the mediator to be neutral and independent,

(b) the qualifications of the mediator,

(c) the mediator's fees,

(d) the mediator's availability,

(e) the nature of the dispute, and

(f) any other consideration likely to result in the selection of an impartial, competent and effective mediator.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 271/2010, s. 2 (b).]

Notification of selection of mediator

(12) Promptly after selecting a mediator under subrule (11), the roster organization must notify the parties in writing of that selection.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 271/2010, s. 2 (a).]

Deemed date of appointment of mediator

(13) The mediator selected under subrule (11) is deemed to be appointed by the parties on the date that notice of that selection is sent under subrule (12).

[en. B.C. Reg. 251/2005, s. 3.]

Replacement of appointed mediator

(14) If the mediator selected by the roster organization under subrule (11) is unable or unwilling to act as mediator,

(a) the selected mediator or any party may notify the roster organization of that inability or unwillingness, and

(b) the roster organization must, within 7 days after receiving that notice, select a new mediator in accordance with subrule (11).

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 271/2010, s. 2 (a).]

Mediator's role

(15) The mediator may conduct the mediation session at the location and in any manner the mediator considers appropriate to assist the parties to reach a resolution that is fair, timely and cost-effective.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 191/2021, s. 17.]

Scheduling of mediation session

(16) A mediation session must occur within 60 days after the appointment of the mediator, and at least 7 days before the date set under Rule 7 for the settlement conference unless a later specified date

(a) is agreed on by all parties and that agreement is confirmed by the mediator in writing, or

(b) is ordered by the court.

[en. B.C. Reg. 251/2005, s. 3.]

Attending the mediation session

(17) In the case of a claim that is not a motor vehicle action,

(a) the party who delivers a Notice to Mediate for Claims Between $10 000 and $35 000 under subrule (5) and each of the following parties must attend the mediation session unless exempted from attending under subrule (29):

(i) the claimant;

(ii) the defendant;

(iii) the third party, and

(b) each insurer of a claimant, defendant or third party may attend the mediation session.

[en. B.C. Reg. 286/2005, s. 2 (b); am. B.C. Reg. 120/2017, Sch. 2, s. 21.]

Attending the mediation session in a motor vehicle action

(18) In the case of a motor vehicle action, the party who delivers a Notice to Mediate for Claims Between $10 000 and $35 000 under subrule (5) and each of the following parties must attend the mediation session unless exempted from attending under subrule (29):

(a) the claimant;

(b) the insurer of the defendant or, if the defendant is not insured, the defendant;

(c) the insurer of the third party or, if the third party is not insured, the third party;

(d) each third party insurer to the action.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Regs. 286/2005, s. 2 (c); 120/2017, Sch. 2, s. 21.]

Requirements on parties who attend mediation

(19) Each person who attends a mediation session must

(a) have authority to settle, and

(b) before the mediation session, provide to the mediator and serve on the other parties all documents and reports that are relevant to the dispute.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 161/2022, s. 14.]

Representative may attend for any party who is not an individual

(20) A party may attend a mediation session by representative if the party is not an individual.

[en. B.C. Reg. 251/2005, s. 3.]

Authority of representative

(21) A representative who attends a mediation session under subrule (20) in the place of a party must

(a) be familiar with all facts relevant to the dispute, and

(b) have full authority to settle, or have access at the earliest practicable opportunity to a person who has, or to a group of persons who collectively have, full authority to settle, on behalf of the party.

[en. B.C. Reg. 251/2005, s. 3.]

Party or representative may be accompanied by a lawyer

(22) A person or representative who attends a mediation session may be accompanied by a lawyer or articled student.

[en. B.C. Reg. 251/2005, s. 3.]

Other persons may attend with consent

(23) Any other person may attend a mediation session if that attendance is permitted by the mediator and consented to by the parties.

[en. B.C. Reg. 251/2005, s. 3.]

Attending a mediation session by telephone, video conference or other means of electronic communication

(24) One or more of the persons who are required or permitted to attend a mediation session under subrule (17), (18) or (23) may attend the mediation session by telephone, video conference or other means of electronic communication if

(a) all of the other persons attending the mediation session consent, or

(b) subject to subrule (26), the registrar authorizes that attendance under subrule (25).

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Regs. 191/2021, s. 18; 61/2022, s. 15.]

Application to attend mediation by telephone, video conference or other means of electronic communication

(25) The registrar may authorize one or more persons who are required or permitted to attend a mediation session under subrule (17), (18) or (23) to attend the mediation session by telephone, video conference or other means of electronic communication if an application for that authorization is made to the registrar under Rule 16 (3) at least 7 days before the date set for the mediation session.

[en. B.C. Reg. 191/2021, s. 19; am. B.C. Reg. 161/2022, s. 15.]

Late application to attend mediation by telephone, video conference or other means of electronic communication

(26) If an application for an authorization under subrule (25) is made to the registrar under Rule 16 (3) within 7 days before the date set for the mediation session, the registrar may make that authorization if

(a) it was not reasonably practicable for that person to bring an application under subrule (25) at least 7 days before the date set for the mediation session, or

(b) exceptional circumstances exist.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 191/2021, s. 20.]

If application is granted

(27) If an application under subrule (25) or (26) is granted, the registrar may order the person requesting to attend the mediation by telephone, video conference or other means of electronic communication to pay for the telephone call, video conference or other cost of that person's attendance.

[en. B.C. Reg. 161/2022, s. 16.]

How to apply for exemption

(28) At least 14 days before the date set for the mediation session, a party may apply to a judge under Rule 16 (7) to exempt a claim from the application of this rule.

[en. B.C. Reg. 251/2005, s. 3.]

When a judge may grant an exemption

(29) On an application under subrule (28), a judge may

(a) exempt a claim from the application of this rule if

(i) all of the parties have previously engaged in a mediation of the matters in issue, or

(ii) it is unfair or impractical to require mediation, or

(b) exempt one or more of the parties from attending the mediation session if, in the judge's opinion, it is unfair or impractical to require the party to attend.

[en. B.C. Reg. 251/2005, s. 3.]

Adjourning a mediation session

(30) At least 7 days before the date set for the mediation session, a party may apply to the registrar to adjourn the mediation session and that party must give to the other parties whatever notice of the application the registrar may order.

[en. B.C. Reg. 251/2005, s. 3.]

Date may be changed to avoid hardship

(31) The registrar may adjourn a mediation session under subrule (30) if the party applying for that adjournment satisfies the registrar that the original date is unreasonably inconvenient to the party, and, without limiting this, the registrar may determine that a date is unreasonably inconvenient to a party if

(a) a family emergency renders the party unable to attend on the day set for the mediation session, or

(b) the party is required to attend court on the day set for the mediation session.

[en. B.C. Reg. 251/2005, s. 3.]

Notice of change of date

(32) If the registrar adjourns a mediation session under subrule (31),

(a) the party who applied for the adjournment must give to the other parties whatever notice of the adjournment the registrar may order, and

(b) the parties must jointly set a new date, satisfactory to the mediator, for the mediation session.

[en. B.C. Reg. 251/2005, s. 3.]

Fee declaration

(33) The parties who attend the mediation session must complete and sign a fee declaration (Form 30) before, or at the beginning of, the mediation session.

[en. B.C. Reg. 251/2005, s. 3.]

Corporation may sign by representative

(34) For the purposes of subrule (33), a party that is a corporation may sign the fee declaration by its representative.

[en. B.C. Reg. 251/2005, s. 3.]

Form of fee declaration

(35) A fee declaration under subrule (33) must

(a) disclose the cost of the mediation services, and

(b) contain a declaration by the parties signing the fee declaration that the costs of the mediation will be paid

(i) equally by all of the following who attend the mediation session or their insurers:

(A) each claimant;

(B) each defendant;

(C) each third party, or

(ii) on any other basis that has been agreed to by those parties and is specified in the fee declaration.

[en. B.C. Reg. 251/2005, s. 3.]

Costs may be paid on a different basis

(36) The cost of the mediation must be paid on the basis set out

(a) in the fee declaration, or

(b) if the parties who signed the fee declaration agree to a different basis for sharing that cost and that basis is included in the mediation agreement referred to in subrule (48) (b), on the basis included in the mediation agreement.

[en. B.C. Reg. 251/2005, s. 3.]

If a party does not attend

(37) If a party who is required to attend a mediation session does not attend the mediation session or does not sign a fee declaration before, or at the beginning of, the mediation session,

(a) the mediator must

(i) complete a verification of default (Form 31) in accordance with the instructions on the form, and

(ii) give the completed form to the parties attending, and

(b) any one of the parties attending the mediation session may file the completed verification of default at the registry.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 286/2005, s. 2 (d).]

What the registrar will do if a claimant does not attend

(38) If a verification of default is filed in relation to a claimant in a proceeding,

(a) the defendant in the proceeding may, by filing a request for judgment or for dismissal (Form 23) and paying the required fee, ask the registrar to make an order dismissing the claimant's claim, and

(b) the registrar may make an order dismissing the claimant's claim.

[en. B.C. Reg. 251/2005, s. 3.]

If a defendant or insurer does not attend

(39) A verification of default may be filed in relation to a defendant, including, without limitation, a defendant to a counterclaim and a defendant to a third party notice, in the following circumstances:

(a) in the case of a motor vehicle action in relation to which the defendant is insured, a verification of default may be filed in relation to the defendant if the insurer of the defendant did not

(i) attend the mediation session, or

(ii) sign the fee declaration before, or at the beginning of, the mediation session;

(b) in the case of a motor vehicle action in relation to which the defendant is not insured, a verification of default may be filed in relation to the defendant if the defendant did not

(i) attend the mediation session, or

(ii) sign the fee declaration before, or at the beginning of, the mediation session;

(c) in the case of a motor vehicle action in relation to which there is a third party insurer, a verification of default may be filed in relation to the defendant if the third party insurer did not

(i) attend the mediation session, or

(ii) sign the fee declaration before, or at the beginning of, the mediation session;

(d) in any other case, a verification of default may be filed in relation to the defendant if the defendant did not

(i) attend the mediation session, or

(ii) sign the fee declaration before, or at the beginning of, the mediation session.

[en. B.C. Reg. 286/2005, s. 2 (e).]

Application for default order

(40) The following apply if a verification of default is filed under subrule (39):

(a) if the verification of default is filed in relation to a defendant who is named as a defendant on the notice of claim,

(i) the claimant may, by filing a request for judgment or for dismissal and paying the required fee, ask the registrar to proceed under these rules as if the defendant had not filed a reply and the claimant had completed the steps in Rule 6 (3), and

(ii) the registrar must either make a default order under Rule 6 (4) or set a date under Rule 6 (5) for a hearing before a judge;

(b) if the verification of default is filed in relation to a defendant to a counterclaim or a defendant to a third party notice, the party bringing the counterclaim or third party notice may apply under Rule 16 (7) for a default order under Rule 16 (6) (c).

[en. B.C. Reg. 286/2005, s. 2 (e).]

If no party attends

(41) If no party attends a mediation session,

(a) the mediator must complete a verification of default in accordance with the instructions on the form, and file the completed form at the registry, and

(b) the registrar must make an order dismissing each disputed claim.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 286/2005, s. 2 (f).]

Cancellation of a dismissal or default order

(42) A party against whom an order is made under subrule (38) (b), (39) (b) or (41) (b) for not attending a mediation session or for not signing a fee declaration before, or at the beginning of, the mediation session may apply under Rule 16 (7) to a judge to cancel the order, and the judge may cancel the order under Rule 16 (6) (j).

[en. B.C. Reg. 251/2005, s. 3.]

What application must contain

(43) A party seeking an order under subrule (42) must attach to the application an affidavit containing the following:

(a) the reason for not attending the mediation session or for failing to sign the fee declaration;

(b) the reason for any delay, if there has been delay in filing the application;

(c) the facts that support the claim or defence.

[en. B.C. Reg. 251/2005, s. 3.]

If a judge cancels a dismissal or default order

(44) A judge who cancels a dismissal order or default order made under this rule may also do one or more of the following:

(a) order that the disputed claims proceed to mediation on any terms the judge considers appropriate;

(b) order the payment of any expenses incurred by the party or parties who did attend;

(c) order that a settlement conference or trial be held;

(d) make any other order that the judge considers appropriate in the circumstances.

[en. B.C. Reg. 251/2005, s. 3.]

Disclosure and compellability

(45) Subject to subrules (46) and (47), a person must not disclose, or be compelled to disclose, in any proceeding oral or written information acquired in or in connection with a mediation session.

[en. B.C. Reg. 251/2005, s. 3.]

Exceptions

(46) Subrule (45) does not apply

(a) in respect of any information, opinion, document, offer or admission that all of the parties agree in writing may be disclosed,

(b) to any mediation agreement or fee declaration made during or in connection with a mediation session,

(c) to any threats of bodily harm made during or in connection with a mediation session, or

(d) to any information that does not identify the parties and that is disclosed for research or statistical purposes only.

[en. B.C. Reg. 251/2005, s. 3.]

No restriction on otherwise producible information

(47) Nothing in this rule precludes a party from introducing into evidence in any proceeding any information or records produced in the course of the mediation that are otherwise producible or compellable in those proceedings.

[en. B.C. Reg. 251/2005, s. 3.]

If the parties reach agreement on all or some issues

(48) If the parties reach an agreement at mediation on all or some issues,

(a) the mediator must complete a result of mediation form (Form 24) and file the completed form at the registry, and

(b) the parties must complete and sign a mediation agreement (Form 25) and any one of those parties may file the agreement at the registry.

[en. B.C. Reg. 251/2005, s. 3.]

If payment terms are not complied with

(49) If a party fails to comply with a provision of a filed mediation agreement, the party not in default may, if that provision required a payment of money,

(a) file an affidavit of non-compliance at the registry, and

(b) after that, file a payment order at the registry for

(i) the amount specified in the mediation agreement less any amount already paid in compliance with the mediation agreement, or

(ii) if no amount was specified in the mediation agreement, for the amount of the claim less any amount already paid in compliance with the mediation agreement.

[en. B.C. Reg. 251/2005, s. 3.]

If other terms are not complied with

(50) If a party fails to comply with a provision of a filed mediation agreement and that provision was not one requiring a payment of money, the party not in default may

(a) if the mediation agreement establishes an amount of liquidated damages that is to be payable in the event of such a default, file at the registry an affidavit of non-compliance and a payment order for that amount, or

(b) if the mediation agreement does not establish a liquidated damages amount in relation to the breached provision, seek a mediation compensation order (Form 26) under Rule 16 (6) (f.2).

[en. B.C. Reg. 251/2005, s. 3.]

Mediation compensation order

(51) A judge may make a mediation compensation order under subrule (50) (b) if a party applies for that order (see Rule 16 (7)) and attaches to the application an affidavit of non-compliance.

[en. B.C. Reg. 251/2005, s. 3.]

If a dispute is not resolved

(52) If the parties do not reach agreement at mediation on all the issues,

(a) the mediator must complete a result of mediation form and file the completed form at the registry, and

(b) after that, the registrar must set one of the following:

(i) subject to subparagraph (iii), a settlement conference, if a settlement conference has not been completed;

(ii) a trial, if a settlement conference has been completed;

(iii) a trial conference, if the completed result of mediation form is filed at the Robson Square Small Claims Registry after November 25, 2007.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 360/2007, s. 6 (b).]

Concluding a mediation

(53) A mediation is concluded when

(a) all issues are resolved, or

(b) the mediator terminates the mediation.

[en. B.C. Reg. 251/2005, s. 3.]

Repealed

(1)-(4) Repealed. [B.C. Reg. 267/2018, s. 6.]

Repealed

(5)-(7) Repealed. [B.C. Reg. 244/2015, Sch. 3, s. 3.]

Repealed

(8) Repealed. [B.C. Reg. 267/2018, s. 6.]

Repealed

(9)-(30) Repealed. [B.C. Reg. 244/2015, Sch. 3, s. 6.]

Repealed

(31)-(46) Repealed. [B.C. Reg. 267/2018, s. 6.]

Claims to which this rule applies

(1) This rule applies to a claim that must be set for a trial conference if

(a) the parties do not reach agreement at mediation on all the issues (see Rule 7.3 (52)),

(b) Repealed. [B.C. Reg. 267/2018, s. 7 (b).]

(c) an order is made under Rule 7 (14) (c.1) or 9.2 (13) (c), or

(d) a settlement conference will not be held for a proceeding that was started by a notice of civil resolution tribunal claim (see Rule 7 (2.2)).

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Regs. 244/2015, Sch. 2, s. 3; 120/2017, Sch. 2, s. 23; 267/2018, s. 7.]

Trial conference

(2) Before a trial date is set, unless the setting of a trial date is otherwise ordered by a judge, a trial conference will be held on the date and at the time and place set by the registrar.

[en. B.C. Reg. 161/2022, s. 17.]

Notice of trial conference

(3) The registrar must serve a notice of trial conference (Form 32) on the parties at least 30 days before the date set for the trial conference.

[en. B.C. Reg. 360/2007, s. 7.]

Changing a trial conference date

(4) A party may change the date of a trial conference

(a) by filing a consent to change the date under Rule 16 (1), or

(b) by applying to the registrar (see Rule 16 (3)) for an order changing the date of the trial conference and giving to the other party whatever notice of the application the registrar may order.

[en. B.C. Reg. 360/2007, s. 7.]

Application to change date at least 7 days before trial conference

(5) On an application made at least 7 days before the date set for the trial conference, the registrar may change the date of the trial conference if the registrar is satisfied that the original date is unreasonably inconvenient to the party.

[en. B.C. Reg. 360/2007, s. 7.]

Application to change date within 7 days before trial conference

(6) On an application made within 7 days before the date set for the trial conference, the registrar may change the date of the trial conference if

(a) the registrar is satisfied that the original date is unreasonably inconvenient to the party, and

(b) the application contains an explanation, satisfactory to the registrar, as to why it was not reasonably practicable for the party to bring an application at least 7 days before the date sent for the trial conference.

[en. B.C. Reg. 360/2007, s. 7.]

Unreasonably inconvenient

(7) For the purposes of subrules (5) and (6), the registrar may determine that a date is unreasonably inconvenient to a party if

(a) a family emergency renders the party unable to attend on the day set for the trial conference,

(b) the party has a pre-arranged out-of-town commitment on the day set for the trial conference and that commitment cannot be changed due to travel requirements,

(c) the party is required to attend court on the day set for the trial conference, or

(d) the registrar otherwise determines that the date is unreasonably inconvenient to the party.

[en. B.C. Reg. 360/2007, s. 7.]

Notice of change of date

(8) If the registrar changes the date of a trial conference under subrule (5) or (6),

(a) the party who applied for the change of date must give to the other parties whatever notice of the change of date the registrar may order, and

(b) the registrar must promptly set a new date for the trial conference and serve a notice of trial conference (Form 32) on the parties specifying the new date, time and place for the trial conference.

[en. B.C. Reg. 360/2007, s. 7.]

What the parties must file before the trial conference

(9) At least 14 days before the date set for the trial conference, each party must

(a) complete a trial statement (Form 33) following the instructions on the form, and

(b) file at the registry the trial statement with attached copies of all relevant documents.

[en. B.C. Reg. 360/2007, s. 7.]

Serving the trial statement on other parties

(10) At least 7 days before the date set for the trial conference, each party must serve a copy of their trial statement and attachments on each of the other parties.

[en. B.C. Reg. 360/2007, s. 7.]

Who must attend the trial conference

(11) All parties must have the individual who will be responsible for presenting their case at the trial attend the trial conference, which may be

(a) the party,

(b) a representative of the party if the party is not an individual,

(c) a representative of an insurer if

(i) the party has assigned all of the party's rights relevant to the claim to the insurer, or

(ii) the insurer has a duty to do one or both of the following in relation to the party:

(A) indemnify that party for liability arising out of a claim in the proceeding;

(B) defend any claims made against that party in the proceeding, or

(d) a lawyer or articling student.

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 191/2021, s. 22.]

When a party is not required to attend

(12) A party is not required to attend the trial conference if a person attends on behalf of the party in accordance with subrule (11) (b), (c) or (d).

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 191/2021, s. 23.]

Representative attending must have authority to settle

(12.1) If a person attends a trial conference on behalf of a party in accordance with subrule (11) (b), (c) or (d), a representative of the party attending the trial conference must have the authority to settle the claim.

[en. B.C. Reg. 120/2017, Sch. 2, s. 24.]

Lawyer or articling student may accompany attendee

(13) A party or a representative of the party or an insurer may be accompanied by a lawyer or articled student at the trial conference.

[en. B.C. Reg. 360/2007, s. 7.]

Defendant may request a medical report

(13.1) A defendant in a claim for damages for personal injuries may apply to a judge (see Rule 16 (7)) to order the claimant to attend a medical practitioner or another person who is authorized under the Health Professions Act to practise a designated health profession for an examination, to be paid for by the defendant.

[en. B.C. Reg. 120/2017, Sch. 2, s. 24; am. B.C. Reg. 161/2022, s. 9.]

Medical report to be given to claimant and registry

(13.2) After receiving the medical report from the medical practitioner or other person authorized under the Health Professions Act to practise a designated health profession, the defendant must

(a) submit the report to the registry at least 14 days before the date of the trial conference, and

(b) serve a copy of the report on the claimant at least 7 days before the date of the trial conference.

[en. B.C. Reg. 161/2022, s. 18.]

What happens at a trial conference

(14) At a trial conference, a judge may do one or more of the following:

(a) decide on any issues that do not require evidence;

(a.1) mediate any issues being disputed;

(b) make a payment order or other appropriate order in the terms agreed to by the parties;

(c) discuss any evidence that will be required and the procedure that will be followed if a trial is necessary;

(d) order a party to produce any information in the manner the judge considers appropriate;

(e) make an order respecting the evidence of experts, including

(i) requiring that a party file and serve on the other parties an expert's report, with or without the necessity of the expert attending to be questioned, on such terms as the judge may direct,

(ii) requiring the parties to secure an opinion from a jointly-retained independent expert, on such terms as the judge may direct, or

(iii) requiring the parties' experts to attend court at the same time to respond to each other;

(f) if damage to property is involved in the dispute, order a party to permit a person chosen by another party to examine the property damage;

(g) order

(i) the claimant to attend a medical practitioner or another person who is authorized under the Health Professions Act to practise a designated health profession for an examination, to be paid for by the defendant, and

(ii) the defendant

(A) to serve on the claimant a copy of the medical report from the medical practitioner or other person authorized under the Health Professions Act to practise a designated health profession at least 7 days before the trial date, and

(B) to bring a copy of the medical report to the trial or submit it to the registry at least 14 days before the trial date;

(h) make an order respecting time limits for the conduct of all or part of a trial;

(i) dismiss a claim, counterclaim, reply or third party notice if, after discussion with the parties and reviewing the filed documents, a judge determines that it

(i) is without reasonable grounds,

(ii) discloses no triable issue, or

(iii) is frivolous or an abuse of the court's process;

(j) give a non-binding opinion on the probable outcome of the trial based on the materials before the judge at the trial conference;

(j.1) order that a trial is to be attended by telephone, video conference or other means of electronic communication;

(k) Repealed. [B.C. Reg. 244/2015, Sch. 2, s. 4.]

(l) make any other order for the just, speedy and inexpensive resolution of the claim.

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Regs. 244/2015, Sch. 2, s. 4; 120/2017, Sch. 2, s. 25; 161/2022, ss. 9, 19 and 20.]

If trial conference judge orders parties to attend trial by telephone, video conference or other means of electronic communication

(14.1) If a judge at a trial conference orders that a trial is to be attended by telephone, video conference or other means of electronic communication, the judge must also direct how, and by what date, to submit and serve any records and other things on which a party intends to rely at trial.

[en. B.C. Reg. 161/2022, s. 21.]

If a party does not comply with orders made at the trial conference

(15) If a party does not comply with any order under subrule (14) (d) to (h) made at a trial conference, a judge may at any time do one or more of the following:

(a) adjourn a trial and order that party to pay all the reasonable expenses incurred by any other parties as a result of the adjournment;

(b) order a trial to proceed without permitting that party to produce as evidence any information, document or records withheld as a result of the non-compliance;

(c) dismiss that party's claim, counterclaim, reply or third party notice.

[en. B.C. Reg. 360/2007, s. 7.]

If a payment order is made

(16) If a payment order is made at a trial conference, Rule 11 (Payment of the Judgment) applies as though the payment order was made following a trial.

[en. B.C. Reg. 360/2007, s. 7.]

If a defendant or third party does not attend

(17) If a defendant or third party does not attend the trial conference, either themselves or by a representative, the judge may

(a) allow the claim, and

(b) make a payment order or other appropriate order against that defendant or third party.

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 191/2021, s. 24.]

If a claimant does not attend

(18) If a claimant does not attend the trial conference, either themselves or by a representative, the judge may dismiss the claim.

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 191/2021, s. 24.]

Trial conferences — transition

(19) Despite Rule 7.5 (13.2) (a), if a notice of trial conference is dated October 2, 2022 or earlier, and if the trial conference is scheduled to take place on or after October 3, 2022, the defendant is not required to submit the medical report referred to in Rule 7.5 (13.2) to the registry before the trial conference.

[en. B.C. Reg. 161/2022, s. 21.]

Any filed document may be changed

(1) Subject to subrule (1.1), anything in a notice of claim, reply or other document that has been filed by a party may be changed by that party

(a) without any permission,

(i) at any time before the settlement conference begins, or

(ii) if a settlement conference will not be held, at any time before the earliest of the following:

(A) Repealed. [B.C. Reg. 267/2018, s. 9.]

(B) a trial conference under Rule 7.5;

(C) a trial under Rule 9.1 or 9.2, and

(b) with the permission of a judge (see Rule 16 (7)), at any time after that.

[am. B.C. Regs. 360/2007, s. 8; 120/2017, Sch. 2, s. 26; 267/2018, s. 9.]

Proceeding started by notice of civil resolution tribunal claim — any filed document may be changed with permission of judge

(1.1) If a proceeding was started by a notice of civil resolution tribunal claim, anything in the notice of civil resolution tribunal claim, reply or other document that has been filed by a party may be changed by the party that originally completed the document with the permission of a judge (see Rule 16 (7)).

[en. B.C. Reg. 120/2017, Sch. 2, s. 27.]

How to change a document

(2) All changes must be underlined, initialled and dated on the revised document and, if there is an order authorizing the change, the document must contain a reference to it.

Filing and serving a revised document

(3) A party who changes a filed document must

(a) file a copy of the revised document at the registry, and

(b) before taking any other step in the claim, serve a copy of the revised document on each party to the claim.

If a revised document is served

(3.1) A party who is served with a revised notice of claim, notice of civil resolution tribunal claim, counterclaim or third party notice

(a) may, by following subrule (3), change a reply already filed by that party, or

(b) may rely on a reply already filed by that party.

[en. B.C. Reg. 148/97, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 28.]

No default order for failure to change reply

(3.2) No default order will be made solely because a party relies on a filed reply instead of changing that reply.

[en. B.C. Reg. 148/97, s. 9.]

Withdrawal of claim or other filed document

(4) A party may withdraw a claim, counterclaim, reply or third party notice at any time by

(a) filing a copy of the notice of withdrawal at the registry, and

(b) promptly serving the notice on all the parties who were served with the claim, counterclaim, reply or third party notice.

[en. B.C. Reg. 148/97, s. 9.]

Repealed

(5) Repealed. [B.C. Reg. 148/97, s. 9 (b).]

Effect of withdrawing

(6) A party who withdraws a claim, counterclaim, reply or third party notice may not at any time proceed with it or file another notice with respect to the claim or counterclaim without the permission of a judge (see Rule 16 (7)).

[am. B.C. Reg. 148/97, s. 9.]

Claimant can change amount of claim up to $35 000

(7) A claimant who filed a notice of claim before June 1, 2017 may change that notice of claim to increase the amount of the claim to an amount that is more than $25 000 and not more than $35 000, not including interest and expenses, whether or not the claimant had, in that notice of claim, abandoned part of the claim in accordance with Rule 1 (5).

[en. B.C. Reg. 120/2017, Sch. 2, s. 29.]

Defendant can change amount of counterclaim up to $35 000

(8) A defendant who filed a reply that contained a counterclaim before June 1, 2017 may change that reply to increase the amount of the counterclaim to an amount that is more than $25 000 and not more than $35 000, not including interest and expenses, whether or not the defendant had, in that reply, abandoned part of the counterclaim in accordance with Rule 4 (5).

[en. B.C. Reg. 120/2017, Sch. 2, s. 29.]

How to change amount of claim or counterclaim

(9) In order to increase the amount of a claim under subrule (7) of this rule or the amount of a counterclaim under subrule (8), the party making that claim or counterclaim must change the notice of claim or reply in which the claim or counterclaim was made

(a) by complying with subrule (2), and

(b) by attaching to the changed notice of claim or reply a separate page giving detailed reasons for the change.

[en. B.C. Reg. 251/2005, s. 4.]

When notice of claim or reply may be changed

(10) A notice of claim or reply may be changed under subrule (9) before or after a settlement conference without the permission of a judge, but must not be changed after

(a) judgment has been granted,

(b) the claim or counterclaim has been dismissed by a judge,

(c) a default order has been issued by a judge or a registrar, or

(d) the claim or counterclaim has been settled.

[en. B.C. Reg. 251/2005, s. 4; am. B.C. Reg. 286/2005, s. 3.]

Changed notice of claim or reply must be filed and served

(11) After a notice of claim or reply is changed under subrule (9), it must be filed and served in accordance with subrule (3).

[en. B.C. Reg. 251/2005, s. 4.]

Reply may but need not be filed

(12) Subrules (3.1) and (3.2) apply to a party who is served with a changed notice of claim or reply under subrule (11).

[en. B.C. Reg. 251/2005, s. 4.]

Repealed

(13) Repealed. [B.C. Reg. 135/2015, Sch. 2, s. 2.]

How a witness is told to attend court

(1) To summon a witness to court, a party must

(a) complete a summons to witness (Form 8), following the instructions on the form, and

(b) serve a copy of the summons on the witness at least 7 days before the date the witness is required to attend.

Travelling and other attendance expenses

(2) At the time the summons is served, the party summoning the witness must offer the witness

(a) reasonable estimated travelling expenses for a summons to appear in person, or

(b) for a summons to appear by another method of attendance, the reasonable estimated cost of the telephone call, video conference or other method of attendance.

[am. B.C. Reg. 161/2022, s. 22.]

Summons not always necessary

(3) If a witness will attend court voluntarily, a summons is not necessary.

How to change a witness's method of attendance

(3.1) A party or a witness may apply to a judge under Rule 16 (7.2) to change a witness's method of attendance.

[en. B.C. Reg. 161/2022, s. 23.]

Trial judge may change a witness's method of attendance

(3.2) The trial judge may order a witness to attend court by any method of attendance that the trial judge considers appropriate in the circumstances.

[en. B.C. Reg. 161/2022, s. 23.]

What a witness served with a summons must do

(4) A person who is served with a summons to witness must

(a) attend court at the time and place stated on the summons, and

(b) if the witness attends court in person, bring to court any records and other things required by the summons.

[am. B.C. Reg. 161/2022, s. 24.]

Summons may be cancelled or varied

(5) A person who is served with a summons to witness may apply to a judge (see Rule 16 (7)) who may

(a) cancel the summons if

(i) the person is not needed as a witness, or

(ii) it would be a hardship for the person to attend court, or

(b) vary the summons to allow the witness to attend court by another method of attendance.

[en. B.C. Reg. 161/2022, s. 25.]

If a judge changes a witness's method of attendance

(5.1) If a judge changes a witness's method of attendance, the judge

(a) must direct the witness

(i) how, and by what date, to submit and serve any records and other things, if the witness will not be attending in person, and

(ii) where or how to attend, including by providing a telephone number or video conferencing information, if applicable, and

(b) may order

(i) the return of any money that was provided under subrule (2), or

(ii) that the party summoning the witness pay for the witness's travelling expenses, telephone call, video conference or other reasonable estimated cost of the method of attendance.

[en. B.C. Reg. 161/2022, s. 25.]

If a summons is cancelled

(6) A judge who cancels a summons to witness may make any other order that the judge thinks is fair, including an order changing the date of a trial or other hearing.

If a witness does not obey a summons

(7) A judge may issue a warrant (Form 9) for the arrest of a witness who does not attend court as required by a summons to witness if the judge is satisfied that

(a) the summons was served on the witness,

(b) the witness was offered

(i) reasonable estimated travelling expenses, or

(ii) other reasonable estimated costs of attendance by telephone, video conference or other means of electronic communication if the summons did not require the witness to appear in person, and

(c) justice requires the presence of the witness.

[am. B.C. Reg. 161/2022, s. 26.]

Cancellation of warrant

(8) If a witness named in a warrant attends court voluntarily, the warrant is cancelled.

What the judge or justice may do when witness appears

(9) If the witness's evidence is still required,

(a) a judge or justice may release the witness on conditions set by the judge or justice, or

(b) a judge may order the witness to be detained until the witness's presence is no longer required.

[am. B.C. Reg. 191/2021, ss. 1 and 26.]

Definition

(1) In this rule, "adjudicator" means a judge or justice.

[en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 191/2021, s. 1.]

Claims to which this rule applies

(2) Subject to subrule (3), this rule applies to a claim if

(a) the claim is made by way of a notice of claim, notice of civil resolution tribunal claim, counterclaim or third party notice and in respect of which

(i) a reply is filed opposing all or part of the claim, or

(ii) a response opposing all or part of the claim is continued as a reply,

(b) the amount claimed in the notice of claim or notice of civil resolution tribunal claim that started the proceeding is $10 000 or less (not including interest and expenses),

(c) the amount claimed in any counterclaim is $10 000 or less (not including interest and expenses), and

(d) one of the following applies in relation to the claim:

(i) the claim is part of a proceeding started by a notice of claim, the amount claimed is $5 000 or less (not including amounts abandoned under this rule, interest and expenses) and, after November 25, 2007,

(A) the notice of claim was filed at the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry, or

(B) the court file relating to the claim was transferred to the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry;

(ii) the claim is part of a proceeding started by a notice of claim, the amount claimed is more than $5 000 and, on or after June 1, 2017,

(A) the notice of claim was filed at the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry, or

(B) the court file relating to the claim was transferred to the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry;

(iii) the claim is part of a proceeding started by a notice of civil resolution tribunal claim and, on or after June 1, 2017,

(A) the notice of civil resolution tribunal claim was filed at the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry, or

(B) the court file relating to the claim was transferred to the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry.

[en. B.C. Reg. 120/2017, Sch. 2, s. 31.]

Claims to which this rule does not apply

(3) This rule does not apply to a claim if

(a) the claim is for damages for personal injury, or

(b) Rule 9.2 applies to the claim, unless an order is made under Rule 9.2 (13) (c) that the claim be set for a trial under this rule.

[en. B.C. Reg. 360/2007, s. 9.]

When this rule ceases to apply

(4) This rule ceases to apply to a claim if

(a) the court file relating to the claim is transferred to another registry, or

(b) the notice of claim, notice of civil resolution tribunal claim or reply is changed to increase the amount of the claim or counterclaim to more than $10 000, not including interest and expenses.

[en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, ss. 32 and 33.]

If the claim is for more than $10 000

(5) A claimant who has a claim amounting to more than $10 000, not including interest and expenses, may abandon part of the claim so that the balance of the claim may be heard under this rule.

[en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 33.]

How to abandon part of a claim

(6) To abandon part of a claim, a claimant must say on the notice of claim or notice of civil resolution tribunal claim that the amount over $10 000 is abandoned.

[en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, ss. 33 and 34.]

Effect of abandoning part of a claim

(7) Subject to subrule (10.1) or (11), a claimant who abandons part of a claim under subrule (6) may not at any time sue for that part.

[en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 35.]

If a counterclaim is for more than $10 000

(8) A defendant who has a counterclaim amounting to more than $10 000, not including interest and expenses, may abandon part of the claim so it may be heard under this rule.

[en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 33.]

How to abandon part of a counterclaim

(9) To abandon part of a counterclaim, the defendant must say on the counterclaim part of the reply that the amount over $10 000 is abandoned.

[en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 33.]

Effect of abandoning part of a counterclaim

(10) Subject to subrule (10.2), a defendant who abandons part of a counterclaim may not at any time sue for that part.

[en. B.C. Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 36.]

Claimant can change amount of claim up to $10 000

(10.1) A claimant who filed a notice of claim before June 1, 2017 and abandoned part of the claim so that the balance of the claim may be heard under this rule may change that notice of claim to increase the amount of the claim to an amount that is more than $5 000 and not more than $10 000, not including interest and expenses, whether or not the claimant had, in that notice of claim, abandoned part of the claim in accordance with subrule (6).

[en. B.C. Reg. 120/2017, Sch. 2, s. 37.]

Defendant can change amount of counterclaim up to $10 000

(10.2) A defendant who filed a reply that contained a counterclaim before June 1, 2017 and abandoned part of the claim so that the balance of the claim may be heard under this rule may change that reply to increase the amount of the counterclaim to an amount that is more than $5 000 and not more than $10 000, not including interest and expenses, whether or not the defendant had, in that reply, abandoned part of the counterclaim in accordance with subrule (9).

[en. B.C. Reg. 120/2017, Sch. 2, s. 37.]

How to change amount of claim or counterclaim

(10.3) In order to increase the amount of a claim under subrule (10.1) or the amount of a counterclaim under subrule (10.2), the party making that claim or counterclaim must change the notice of claim or reply in which the claim or counterclaim was made

(a) by complying with Rule 8 (2), and

(b) by attaching to the changed notice of claim or reply a separate page giving detailed reasons for the change.

[en. B.C. Reg. 120/2017, Sch. 2, s. 37.]

When notice of claim or reply must not be changed

(10.4) A notice of claim or reply must not be changed after

(a) judgment has been granted,

(b) the claim or counterclaim has been dismissed by a judge,

(c) a default order has been issued by a judge or a registrar, or

(d) the claim or counterclaim has been settled.

[en. B.C. Reg. 120/2017, Sch. 2, s. 37.]

Changed notice of claim or reply must be filed and served

(10.5) After a notice of claim or reply is changed under subrule (10.3), it must be filed and served in accordance with Rule 8 (3).

[en. B.C. Reg. 120/2017, Sch. 2, s. 37.]

Reply may but need not be filed

(10.6) Rule 8 (3.1) and (3.2) applies to a party who is served with a changed notice of claim or reply under subrule (10.5) of this rule.

[en. B.C. Reg. 120/2017, Sch. 2, s. 37.]