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Volume 65, No. 14
161/2022
The British Columbia Gazette, Part II
July 19, 2022

B.C. Reg. 161/2022, deposited July 11, 2022, under the COURT RULES ACT [section 1] and the SMALL CLAIMS ACT [section 20 (3)]. Order in Council 401/2022, approved and ordered July 11, 2022.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective October 3, 2022, the Small Claims Rules, B.C. Reg. 261/93, are amended as set out in the attached Schedule.

— D. EBY, Attorney General and Minister Responsible for Housing; M. MARK, Presiding Member of the Executive Council.

Schedule

1 The Introduction to the Small Claims Rules, B.C. Reg. 261/93, is amended

(a) by adding the following definitions:

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

"hearing" includes a trial;

"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;

, and

(b) by repealing the definitions of "remotely" and "virtually".

2 Rule 1.1 (16) (b) is amended by striking out "Rule 18 (7) and (8)" and substituting "Rule 18 (8)".

3 Rule 1.1 is amended by adding the following subrule:

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).

4 Rule 1.1 (43) is amended by striking out "A certificate" and substituting "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".

5 Rule 5 (7) is amended by adding ", except that instead of filing a reply (Form 2), the third party must file a reply to third party notice (Form 3.1)" after "claim (see Rule 3)".

6 Rule 6 is amended by adding the following subrule:

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).

7 Rule 7 (3) is amended by striking out "14 days" and substituting "28 days".

8 Rule 7 (5) is repealed and the following substituted:

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.

9 Rules 7 (12) and 7.5 (13.1) and (14) (g) (i) are amended by striking out "medical doctor" and substituting "medical practitioner or another person who is authorized under the Health Professions Act to practise a designated health profession".

10 Rule 7 (13) is repealed and the following substituted:

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.

11 Rule 7 (14) is amended by adding the following paragraph:

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

12 Rule 7 is amended by adding the following subrules:

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.

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.

13 Rule 7.1 (3) is amended by striking out "medical or other reports filed or brought to the settlement conference" and substituting "medical reports or records filed".

14 Rule 7.3 (19) (b) is repealed and the following substituted:

(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.

15 Rule 7.3 (24) and (25) is amended by striking out "remotely" and substituting "by telephone, video conference or other means of electronic communication".

16 Rule 7.3 (27) is repealed and the following substituted:

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.

17 Rule 7.5 (2) is repealed and the following substituted:

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.

18 Rule 7.5 (13.2) is repealed and the following substituted:

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.

19 Rule 7.5 (14) (g) (ii) is repealed and the following substituted:

(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; .

20 Rule 7.5 (14) is amended by adding the following paragraph:

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

21 Rule 7.5 is amended by adding the following subrules:

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.

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.

22 Rule 9 (2) is amended by striking out "reasonable estimated travelling expenses." and by adding the following paragraphs:

(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.

23 Rule 9 (3.1) and (3.2) is repealed and the following substituted:

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.

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.

24 Rule 9 (4) (b) is amended by adding "if the witness attends court in person," before "bring to court".

25 Rule 9 (5) is repealed and the following substituted:

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.

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.

26 Rule 9 (7) (b) is repealed and the following substituted:

(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 .

27 Rule 9.1 (31) is amended by striking out "Rules 8 (1) (b) and (6), 9 (5) and (6), 11, 12 (2) (c), 16 (6) (g) and (o), 17 (14) and (15) and 20" and substituting "those Rules".

28 Rule 9.2 (7) is amended by striking out "upon which the party will rely at the trial" and substituting "on which the party intends to rely at the trial".

29 Rule 11 (12) is amended by striking out "completes the form, following the instructions on the form, and files it at the registry." and by adding the following paragraphs:

(a) completes the form, following the instructions on the form, and

(b) files it at the registry, together with a copy of the relevant decision, certificate or order. 

30 Rule 12 is amended by adding the following heading before subrule (3):

If a Creditor Asks for a Payment Hearing .

31 Rule 12 is amended by repealing subrule (3) and substituting the following:

(3)  To ask for a payment hearing, a creditor must complete a summons to a payment hearing (Form 12), following the instructions on the form, and file it at the registry at least 14 days before the date of the payment hearing.

32 Rule 12 (5) is amended by striking out "company" and substituting "corporation" wherever it appears.

33 Rule 12 (7) is repealed and the following substituted:

Service of the summons

(7)  A person named in a summons to a payment hearing must be served by leaving the summons, together with the following documents, with the person at least 14 days before the date of the payment hearing:

(a) a blank supporting materials cover sheet (Form 39);

(b) a blank statement of finances (Form 40), unless the debtor is a corporation or a partnership.

34 Rule 12 (9) is repealed and the following substituted:

What a person summoned by a creditor must file

(9)  A person summoned by a creditor to a payment hearing must file the following records and other things at least 7 days before the date of the payment hearing:

(a) a supporting materials cover sheet (Form 39), unless the person is not required to file any other records or other things under this subrule;

(b) a statement of finances (Form 40), unless the debtor is a corporation or a partnership;

(c) any other records or other things required by the summons;

(d) any other records or other things on which the person intends to rely at the payment hearing.

What a person summoned by a creditor must serve

(9.1)  A person summoned by a creditor to a payment hearing must serve on the creditor the records and other things filed under subrule (9) (b), (c) or (d) at least 2 business days before the date of the payment hearing.

Debtor must update statement of finances if necessary

(9.2)  If there is a significant change to the debtor’s finances after filing a statement of finances and before the payment hearing, the debtor must, before the start of the payment hearing,

(a) file a revised statement of finances (Form 40), with a supporting materials cover sheet (Form 39), and

(b) serve the revised statement of finances on the creditor.

35 Rule 12 is amended by adding the following heading before subrule (10):

If a Debtor Asks for a Payment Hearing .

36 Rule 12 (10) is repealed and the following substituted:

How a debtor asks for a payment hearing

(10)  To ask for a payment hearing, a debtor must complete the following forms, following the instructions on the forms, and file them at the registry at least 14 days before the date of the payment hearing:

(a) a notice of payment hearing (Form 13);

(b) a supporting materials cover sheet (Form 39), unless the debtor is a corporation or a partnership;

(c) a statement of finances (Form 40), unless the debtor is a corporation or a partnership.

37 Rule 12 (11) is repealed and the following substituted:

Service of notice on creditor

(11)  The debtor must serve on the creditor the notice and the statement of finances, if applicable, at least 14 days before the date of the payment hearing.

38 Rule 12 is amended by adding the following subrules:

What a debtor must file if the debtor asks for a payment hearing

(11.1)  A debtor must file any records or other things on which the debtor intends to rely at the payment hearing and that were not filed under subrule (10), together with a supporting materials cover sheet (Form 39), at least 7 days before the date of the payment hearing.

What a debtor must serve if the debtor asks for a payment hearing

(11.2)  A debtor must serve on the creditor any records or other things filed under subrule (11.1) at least 2 business days before the date of the payment hearing.

Debtor must update statement of finances if necessary

(11.3)  If there is a significant change to the debtor’s finances after filing a statement of finances and before the payment hearing, the debtor must, before the start of the payment hearing,

(a) file a revised statement of finances (Form 40), with a supporting materials cover sheet (Form 39), and

(b) serve the revised statement of finances on the creditor.

39 Rule 12 is amended by adding the following heading after subrule (11.3):

If a Judge Orders a Payment Hearing .

40 Rule 12 is amended by adding the following subrules:

What a person must file if a judge orders a payment hearing

(11.4)  A person ordered by a judge under Rule 11 (5) (a) to attend a payment hearing must file the following records and other things at least 7 days before the date of the payment hearing:

(a) a supporting materials cover sheet (Form 39), unless the person is not required to file any other records or other things under this subrule;

(b) a statement of finances (Form 40), unless the debtor is a corporation or a partnership;

(c) any other records or other things required by the order;

(d) any other records or other things on which the person intends to rely at the payment hearing.

What a person must serve if a judge orders a payment hearing

(11.5)  A person ordered by a judge under Rule 11 (5) (a) to attend a payment hearing must serve on the creditor the records and other things filed under subrule (11.4) (b), (c) or (d) at least 2 business days before the date of the payment hearing.

Debtor must update statement of finances if necessary

(11.6)  If there is a significant change to the debtor’s finances after filing a statement of finances and before the payment hearing, the debtor must, before the start of the payment hearing,

(a) file a revised statement of finances (Form 40), with a supporting materials cover sheet (Form 39), and

(b) serve the revised statement of finances on the creditor.

41 Rule 12 is amended by adding the following heading before subrule (12):

What Happens at a Payment Hearing .

42 Rule 12 (15) is amended by repealing paragraph (b) and substituting the following:

(b) present before a judge or justice when the judge or justice ordered the person to attend.

43 Rule 12 is amended by adding the following subrule:

Debtor may swear or affirm – statement of finances

(16)  If a debtor has filed a statement of finances (Form 40), the judge or justice may direct the debtor to swear or affirm to the truth of the contents of the statement of finances at the payment hearing.

44 Rule 13 is amended in subrule (3) by striking out "company" and substituting "corporation" wherever it appears.

45 Rule 13 (5) is amended by striking out "7 days" and substituting "14 days".

46 Rule 13 is amended by adding the following subrule:

What must be served with the summons

(5.1)  The court bailiff or sheriff who serves a person under subrule (5) must also provide the person with

(a) a blank supporting materials cover sheet (Form 39), and

(b) a blank statement of finances (Form 40), unless the person being served is a corporation or a partnership.

47 Rule 13 (6) is repealed and the following substituted:

What a person who is served with a summons must file

(6)  A person who is served with a summons to a default hearing must file the following records and other things at the registry at least 7 days before the date of the default hearing:

(a) a supporting materials cover sheet (Form 39), unless the person is not required to file any other records or other things under this subrule;

(b) a statement of finances (Form 40), unless the debtor is a corporation or a partnership;

(c) any other records or other things required by the summons;

(d) any other records or other things on which the person intends to rely at the default hearing.

What a person who is served with a summons must serve

(6.1)  A person who is served with a summons to a default hearing must serve on the creditor the records and other things filed under subrule (6) (b), (c) or (d) at least 2 business days before the date of the default hearing.

48 Rule 13 is amended by adding the following subrule:

Debtor must update statement of finances if necessary

(6.2)  If there is a significant change to the debtor’s finances after filing a statement of finances and before the default hearing, the debtor must, before the start of the default hearing,

(a) file a revised statement of finances (Form 40), with a supporting materials cover sheet (Form 39), and

(b) serve the revised statement of finances on the creditor.

49 Rule 13 (9) is amended by repealing paragraph (b) and substituting the following:

(b) present before a judge when the judge ordered the person to attend.

50 Rule 13 is amended by adding the following subrule:

Debtor may swear or affirm – statement of finances

(10)  If a debtor has filed a statement of finances (Form 40), the judge may direct the debtor to swear or affirm to the truth of the contents of the statement of finances at the default hearing.

51 Rule 16 (1) is amended by striking out "A registrar" and substituting "Subject to subrule (1.1), a registrar".

52 Rule 16 is amended by adding the following subrule:

No consent orders to change method of attendance for a trial, payment hearing or default hearing

(1.1)  An order to change a person’s method of attendance for a trial, payment hearing or default hearing cannot be made under subrule (1).

53 Rule 16 (2) (c.1) is repealed and the following substituted:

(c.1) an order changing the applicant’s method of attendance at a conference or hearing, other than a trial, payment hearing or default hearing (see Rule 17 (16.1) (a)); .

54 Rule 16 (2) (c.3) is amended by striking out "remotely" and substituting "by telephone, video conference or other means of electronic communication".

55 Rule 16 (2) (e) is repealed and the following substituted:

(e) an order permitting a claimant to serve a notice of claim or a notice of civil resolution tribunal claim by another method of service (see Rule 18 (8) (a) or (8.1) (a)); .

56 Rule 16 is amended by adding the following subrule:

If a registrar orders a different method of attendance

(2.1)  If a registrar makes an order under subrule (2) (c.1), the registrar must direct the applicant where or how to attend, including by providing a telephone number or video conference information, if applicable.

57 Rule 16 (3) is amended by striking out "party" and substituting "person".

58 Rule 16 (6) is amended

(a) in paragraph (g) by adding "or varying" after "cancelling", and

(b) by repealing paragraph (l).

59 Rule 16 is amended by adding the following subrules:

Orders that do not require a hearing

(6.1)  The following orders may be made without a hearing:

(a) an order changing a person’s method of attendance at any of the following hearings (see Rule 17 (16.1) (b) and (c)):

(i) trial;

(ii) payment hearing;

(iii) default hearing;

(b) an order changing the method of attendance at a conference or hearing, other than a trial, payment hearing or default hearing, (see Rule 17 (16.1) (c)) for

(i) a person other than the applicant, or

(ii) the applicant and a person other than the applicant;

(c) an order extending or shortening a time limit (see Rule 17 (12));

(d) an order correcting an accidental slip or omission in an order (see Rule 17 (14));

(e) any other order that a judge has the power to make and for which notice to another party is not required.

Judge or justice may require a hearing

(6.2)  Despite subrule (6.1), a judge or justice may direct an applicant to appear before a judge or justice to explain why the order should be made.

Service of application and method of attendance if hearing is required

(6.3)  If a judge or justice directs an applicant to appear at a hearing under subrule (6.2), the judge or justice

(a) may direct the applicant to serve the application under subrule (7.2) on a party or an affected person, and

(b) may, without a hearing, make an order respecting a person’s method of attendance at the hearing.

60 Rule 16 (7) is repealed and the following substituted:

How to apply to a judge

(7)  To apply for an order listed in subrule (6), other than subrule (6) (n.1), a person must complete an application (Form 17), following the instructions on the form, and file it at the registry.

61 Rule 16 (7.1) is amended by striking out "where the court file is unless the registrar allows the application to be filed at another registry (see subrule (8))".

62 Rule 16 is amended by adding the following subrules:

How to apply to a judge or justice for an order without a hearing

(7.2)  To apply for an order under subrule (6.1), a person must complete an application (Form 17), following the instructions on the form, and file it at the registry.

Cost of method of attendance

(7.3)  If a judge or justice makes an order under subrule (6.1) (a) or (b), the judge or justice may order that the party requesting to change the person’s method of attendance must pay for the telephone call, video conference or other reasonable cost of that person’s method of attendance.

Judge or justice must direct where or how to attend

(7.4)  If a judge or justice makes an order under subrule (6.1) (a) or (b) or (6.3) (b), the judge or justice must direct the person

(a) how, and by what date, to submit and serve any records and other things, if the party or witness will not be attending in person, and

(b) where or how to attend, including by providing a telephone number or video conferencing information, if applicable.

When registrar must send amended notice

(7.5)  If a judge or justice changes the method of attendance for a hearing or conference for all parties, the registrar must notify the parties of the new method of attendance.

63 Rule 16 (8) is amended by striking out "subrule (7) or (7.1) to be filed at another registry" and substituting "subrule (7), (7.1) or (7.2) to be filed at a registry other than the registry where the court file is".

64 Rule 16 is amended by adding the following subrules:

Documents to support an application

(9.1)  A person who applies for an order that requires a hearing must file all documents on which the person intends to rely at the hearing, with a supporting materials cover sheet (Form 39), at the registry at least 7 days before the date set for the hearing unless the registrar allows the application to be made as an urgent application under subrule (10).

Final decision of the civil resolution tribunal must not be filed

(9.2)  Despite subrule (9.1), a person must not file at the registry a final decision of the civil resolution tribunal in relation to the claim.

Service of documents to support an application

(9.3)  A person must serve all documents filed under subrule (9.1) on each party that would be affected by the order requested, and on each affected person who must be served under subrule (6.3) (a), at least 7 days before the date set for the hearing, unless the registrar allows the application to be made as an urgent application under subrule (10).

How to respond to an application

(9.4)  If a party or affected person is served with a notice of application and wishes to respond, the party or affected person must attend the hearing of the application.

Documents to support a response

(9.5)  If a party or affected person responding to an application intends to rely on documents at the hearing, at least two business days before the date set for the hearing, the party or affected person must

(a) file at the registry any documents on which the person intends to rely at the hearing, with a supporting materials cover sheet (Form 39), and

(b) serve the documents on each party that would be affected by the order requested and on each affected person.

Applicant must serve order on other parties

(12)  As soon as practicable after an order is made under this Rule and unless a judge, justice or registrar otherwise orders, the person who applied for the order must serve a copy of the order on

(a) all parties who did not attend the hearing of the application or did not receive notice of the application, and

(b) if the application was about a witness and if the witness did not receive notice of the application, the witness.

65 Rule 17 (5) is amended by striking out "a settlement conference, trial or hearing" and substituting "a conference or hearing".

66 Rule 17 (5.1) (a) is amended by striking out "Rule 9 (6) or Rule 9.1 (19), (22) (l) (i) or (24)" and substituting "Rule 9 (6), Rule 9.1 (19), (22) (l) (i) or (24) or Rule 17 (16.3)".

67 Rule 17 is amended by adding the following subrule:

Where in-person appearances take place

(5.5)  All steps in a proceeding that are to be attended in person will take place at the court location where the proceeding was started, except

(a) if a judge orders otherwise, or

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

68 Rule 17 (6) is amended by striking out "trial or hearing" and substituting "hearing".

69 Rule 17 (7) is amended by striking out "settlement conferences, trial conferences and trials" and substituting "conferences and hearings".

70 Rule 17 (12) is amended by striking out "At any time, a judge may extend or shorten a time limit" and substituting "At any time, including after a time limit has expired, a judge may extend or shorten a time limit".

71 Rule 17 (16), (16.1) and (16.2) is repealed and the following substituted:

Application to change method of attendance

(16.1)  Despite subrules (25) and (26), a person may apply to change their own or another person’s method of attendance at a conference or hearing as follows:

(a) to a registrar under Rule 16 (1) or (3) to change the applicant’s own method of attendance at a conference or hearing, other than a trial, payment hearing or default hearing;

(b) to a judge or justice under Rule 16 (7.2) to change the applicant’s own method of attendance at a payment hearing;

(c) to a judge under Rule 16 (7.2)

(i) to change a person’s method of attendance at a trial or default hearing, or

(ii) to change the method of attendance at a conference or hearing for

(A) a person other than the applicant, or

(B) the applicant and a person other than the applicant.

72 Rule 17 (16.3) is repealed and the following substituted:

Participants may be required to appear in person

(16.3)  A registrar, justice or judge who is conducting a conference or hearing at which participants are appearing by telephone, video conference or other means of electronic communication may adjourn the conference or hearing at any time and require participants to attend in person or in another manner that the registrar, justice or judge considers appropriate in the circumstances.

73 Rule 17 (20) (a) is amended by striking out "company" and substituting "corporation".

74 Rule 17 is amended by adding the following subrules:

Physical presence not required

(23)  For the purposes of these Rules, a reference to accompanying, attending, appearing, conducting, giving, being before a judge, being in court or being at a place or location is not to be interpreted as requiring in-person attendance.

Hearing or conference has an associated physical location

(24)  If a hearing or conference does not take place at a physical location because all participants attend the hearing or conference by telephone, video conference or other means of electronic communication, the hearing or conference is considered to take place at the court served by the registry where the court file is.

Default method of attendance

(25)  Conferences and hearings must be attended in person.

Direction of chief judge

(26)  Despite subrule (25), the chief judge may direct that a class of conferences or hearings, other than hearings under Rule 9.1 [Simplified Trials for Claims up to $10 000], 9.2 [Summary Trial for Financial Debt], 10 [The Trial] or 13 [Default Hearing], must be attended by telephone, video conference or other means of electronic communication.

Classes of conferences or hearings

(27)  A direction under subrule (26) may be different for different court locations, court registries, types of court appearances, classes of persons or circumstances.

75 Rule 18 (2) is amended by striking out "mother, father" and substituting "parent".

76 Rule 18 (7) and (7.1) is repealed.

77 Rule 18 (12) is amended

(a) by striking out "document" and substituting "document, record or other thing", and

(b) by repealing paragraph (b) and substituting the following:

(b) by mailing it by ordinary mail to the person’s address, unless the document, record or other thing is

(i) a notice of claim,

(ii) a notice of civil resolution tribunal claim,

(iii) a third party notice,

(iv) a statement of finances, a record or other thing referred to in Rule 12 (9), (11.1) or (11.4) or Rule 13 (6), or

(v) a summons to a payment hearing or to a default hearing

(see Rules 1.1 (10) to (17), 2, 5 (4), 12 (7) and 13 (5)), or .

78 Rule 18 (13), (14), (15), (19) and (20) is amended by striking out "document" wherever it appears and substituting "document, record or other thing".

79 Rule 18 (18) is amended

(a) in paragraph (a) by striking out "a day that is not a Saturday, Sunday or another holiday listed in the definition of "holiday" in the Interpretation Act" and substituting "a business day", and

(b) by repealing paragraph (b) and substituting the following:

(b) if the document, record or other thing is transmitted on a day that is not a business day, or after 4 p.m. on a business day, the document, record or other thing is deemed to be served on the next business day.

80 Rule 18 is amended by adding the following subrule:

Time limits – transition

(21)  Rule 18 (7) and (7.1), as it read on October 2, 2022, continues to apply in relation to a notice of claim, a third party notice or a notice of civil resolution tribunal claim filed before October 3, 2022.

81 Rule 20 (2) (b) is amended by striking out "documents" and substituting "documents, records or other things".

82 Rule 21 is amended by adding the following subrules:

Reply – transition

(3)  A party may use Form 2 as it read on October 2, 2022 to reply in either of the following circumstances:

(a) the reply is made under Rule 3 (2) in response to a notice of claim that was filed before October 3, 2022;

(b) the reply is made under Rule 1.1 (21) in response to a notice of civil resolution tribunal claim that was filed before October 3, 2022.

Third party reply – transition

(4)  The requirement to use Form 3.1 to reply under Rule 5 (7) does not apply if the third party claim to which the person is replying was filed before October 3, 2022.

Statement of finances – transition

(5)  Despite Rules 12 (9) and 13 (6), a person summoned is not required to file a statement of finances if the creditor filed the summons, or if the judge ordered the payment hearing or default hearing, before October 3, 2022.

83 Schedule B is amended

(a) by repealing Forms 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 23, 26, 32, 34, 35, 36 and 37, and

(b) by adding the attached Forms 1, 2, 3, 3.1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 23, 26, 32, 34, 35, 36, 37, 39 and 40.

Form 1

Form 2

Form 3

Form 3.1

Form 5

Form 6

Form 7

Form 8

Form 9

Form 10

Form 11

Form 12

Form 13

Form 14

Form 15

Form 16

Form 17

Form 19

Form 23

Form 26

Form 32

Form 34

Form 35

Form 36

Form 37

Form 39

Form 40


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