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| B.C. Reg. 297/2001 O.C. 1075/2001 |
Deposited December 17, 2001 effective March 1, 2002 |
| This archived regulation consolidation is current to August 5, 2005 and includes changes enacted and in force by that date. For the most current information, click here. |
Court Rules Act
[includes amendments up to B.C. Reg. 135/2005, July 1, 2005]
1 In these rules:
"Act" means the Court of Appeal Act;
"appellant" includes, in the case of an application for leave to appeal, the applicant;
"bring an appeal" means bring an appeal within the meaning of section 14 of the Act;
"court appealed from" means the court, judge or tribunal from which an appeal is brought;
"document" includes a photograph, film, recording of sound, any record of a permanent or semi-permanent character and any information recorded or stored by means of any device;
"file" means file with the registrar in a registry of the court;
"party", in relation to a proceeding, means the person bringing the proceeding and each respondent who has filed a notice of appearance in the proceeding;
"proceeding" means an application for leave to appeal, an appeal or a cross appeal;
"respondent" means a person named as a respondent in a notice of application for leave to appeal or notice of appeal, as the case may be, and includes a person who becomes a respondent under Rule 2 (2);
"serve" means serve in accordance with Rule 39.
2 (1) A person preparing a notice of application for leave to appeal under Rule 3, a notice of appeal under Rule 11 or a notice of cross appeal under Rule 15 must name as a respondent to the proceeding every person who could be affected by the order requested.
(2) If a justice considers that a person who was not named as a respondent in a notice of application for leave to appeal, a notice of appeal or a notice of cross appeal could be affected by the order requested, the justice may order that
(a) the person be added as a respondent to the proceeding,
(b) the notice of application for leave to appeal, the notice of appeal or the notice of cross appeal be amended by adding the person as a respondent, and
(c) the notice of application for leave to appeal, the notice of appeal or the notice of cross appeal be served on that respondent.
Part 2 — Applications for Leave to Appeal
3 A person seeking to bring an appeal for which leave to appeal is required must, within the time period set out in section 14 of the Act,
(a) prepare a notice of application for leave to appeal in Form 1,
(b) file one copy of that notice of application for leave to appeal for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) unless such service is dispensed with under section 14 (2) (b) of the Act, serve one filed copy of the notice of application for leave to appeal on each of the respondents.
4 A notice of application for leave to appeal may be amended
(a) before the filing of the appellant's motion book under Rule 7, or
(b) after the filing of the appellant's motion book, with leave of a justice.
5 After a respondent is served with a notice of application for leave to appeal, the respondent must, within 10 days after being served,
(a) file a notice of appearance in Form 2, and
(b) serve one filed copy of the notice of appearance on the appellant.
6 If a respondent who has been served with a notice of application for leave to appeal fails to file a notice of appearance,
(a) the respondent is presumed to take no position on the application, and
(b) unless a justice otherwise orders or these rules otherwise provide, no party to the appeal has any obligation to serve on the respondent any further documents related to the application.
7 (1) Within 30 days after filing a notice of application for leave to appeal, the appellant must
(a) prepare
(i) a notice of motion for leave to appeal in Form 3, and
(ii) a motion book in Form 4,
(b) file one copy of the notice of motion for leave to appeal and motion book for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the notice of motion and motion book on each of the other parties.
(2) Unless a justice otherwise orders, the appellant must serve the notice of motion and motion book at least 5 days before the date of the hearing of the application.
(3) If the notice of motion and motion book are not filed under subrule (1) (b) within 30 days after the date on which the notice of application for leave to appeal is filed, the appellant must not set the application down for hearing without first obtaining leave to proceed from a justice.
8 At least one business day before the date of the hearing of an application for leave to appeal, each respondent who has been served with a filed copy of the notice of motion and motion book under Rule 7 (1) (c) must
(a) prepare a reply book in Form 5,
(b) file one copy of the reply book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the reply book on each of the other parties.
9 (1) An applicant for leave to appeal may join, with the application for leave, an application for a stay of proceedings or an application for a stay of execution pending an appeal.
(2) If 2 applications are joined under subrule (1), the following must be modified accordingly:
(a) the notice of motion;
(b) the title on the cover of the motion book;
(c) the memorandum of argument.
(3) A party who wishes to apply for a stay of proceedings or stay of execution that is not joined with an application for leave to appeal must
(a) prepare
(i) a notice of motion in Form 6, and
(ii) a motion book in Form 4,
(b) file one copy of the notice of motion and motion book for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the notice of motion and motion book on each of the other parties.
(4) Unless a justice otherwise orders, the applicant in an application for a stay of proceedings or a stay of execution referred to in subrule (3) must serve the notice of motion and motion book referred to in subrule (3) (c) at least 5 days before the date of the hearing of the application.
[am. B.C. Reg. 77/2003, s. 1.]
10 (1) Unless a justice otherwise orders, if an application for leave to appeal is granted, the appellant must, if one or more of the respondents failed to file a notice of appearance in accordance with Rule 6, serve one copy of the order granting leave to appeal on each of the respondents who had failed to file a notice of appearance in accordance with Rule 6.
(2) Within 10 days after being served under subrule (1) with the order granting leave, a respondent must,
(a) file a notice of appearance in Form 2, and
(b) serve one filed copy of the notice of appearance on the appellant.
(3) If a respondent who was served under subrule (1) with the order granting leave fails to file a notice of appearance on or before the date required under subrule (2),
(a) the respondent is presumed to take no position on the appeal, and
(b) unless a justice otherwise orders or these rules otherwise provide, no party to the appeal has any obligation to serve any further documents related to the appeal on the respondent.
11 A person seeking to bring an appeal for which leave is not required must, within the time period set out in section 14 of the Act,
(a) prepare a notice of appeal in Form 7,
(b) file one copy of that notice of appeal for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) unless such service is dispensed with under section 14 (2) (b) of the Act, serve one filed copy of the notice of appeal on each of the respondents.
12 A notice of appeal may be amended
(a) before the filing of the appellant's factum under Rule 21 (1) (b), or
(b) after the filing of the appellant's factum, with leave of a justice.
13 Within 10 days after being served with a notice of appeal, the respondent must
(a) file a notice of appearance in Form 2, and
(b) serve a filed copy of the notice of appearance on the appellant.
14 If a respondent who has been served with a notice of appeal fails to file a notice of appearance,
(a) the respondent is presumed to take no position on the appeal, and
(b) unless a justice otherwise orders or these rules otherwise provide, no party to the appeal has any obligation to serve any further documents related to the appeal on the respondent.
15 A respondent seeking to bring a cross appeal must, within the time period set out in section 15 (2) of the Act,
(a) prepare a notice of cross appeal in Form 8,
(b) file one copy of the notice of cross appeal for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) unless such service is dispensed with under section 15 (2) of the Act, serve one filed copy of the notice of cross appeal on each of the appellant and the other respondents.
16 A notice of cross appeal may be amended
(a) before the filing of the factum of the respondent bringing the cross appeal, or
(b) after the filing of the factum of the respondent bringing the cross appeal, with leave of a justice.
17 A person served with a notice of cross appeal who is not already a party to the appeal must
(a) file a notice of appearance in Form 2, and
(b) serve a filed copy of the notice of appearance on each of the other parties.
18 If a person who is required under Rule 17 to file a notice of appearance fails to do so,
(a) the person is presumed to take no position on the cross appeal, and
(b) no party to the appeal has any obligation to serve any further documents related to the appeal or cross appeal on the person.
19 Within 60 days after bringing an appeal, the appellant must
(a) prepare an Appeal Record in Form 9,
(b) file 4 copies of that Appeal Record for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the Appeal Record on each of the other parties.
20 (1) If oral testimony was presented in the court appealed from, the appellant must, within 60 days after bringing the appeal,
(a) obtain a transcript of the oral testimony,
(b) file one paper copy of that transcript for use by the court plus such additional paper copies as are required for the purposes of paragraph (d),
(c) file one electronic copy of the transcript,
(d) serve one filed paper copy of the transcript on each of the other parties, and
(e) serve on each party who requests it an electronic copy of the transcript.
(2) The format of the paper and electronic transcripts must comply with the format of transcripts produced for the court as set out in the B.C. Court Transcription manual, as amended from time to time.
(3) The parties may exclude from the transcript any testimony that all parties agree to exclude.
(4) Any party may apply to the registrar to settle the contents of the transcript.
21 (1) Unless a justice otherwise orders, the appellant must, within 30 days after filing the Appeal Record,
(a) prepare a factum in accordance with Rule 22,
(b) file 4 copies of that factum for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the factum on each of the other parties.
(2) Unless a justice otherwise orders, within 30 days after being served with the appellant's factum, a respondent must
(a) prepare a factum in accordance with
(i) Rule 22, and
(ii) if the respondent intends to cross appeal, Rule 23,
(b) file 4 copies of that factum for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the factum on each of the other parties.
(3) In addition to a paper copy, a party may file an electronic copy of the factum.
(4) On the application of a party or on a justice's own motion, a justice may order that the filing of factums by any or all parties be dispensed with.
22 (1) Each factum must
(a) be in Form 10,
(b) clearly specify, on the cover, on whose behalf the factum is filed,
(c) substantially comply with this Rule and, if applicable, Rule 23, and
(d) be signed by the party or the party's lawyer, whose name must be clearly printed below the signature.
(2) A factum must not
(a) contain irrelevant material,
(b) reproduce any material or matter that is contained in the Appeal Record or transcript, if reference to the material or matter will reasonably suffice, or
(c) exceed 30 pages in length unless a justice otherwise orders.
23 (1) If a respondent intends to cross appeal, the respondent's factum
(a) must be in 2 divisions entitled, respectively, "Factum on Appeal" and "Factum on Cross Appeal", and
(b) must not exceed 40 pages in length.
(2) Within 14 days after being served with a factum referred to in subrule (1), the appellant must
(a) prepare a factum in answer to the cross appeal that
(i) is entitled "Appellant's Factum in Answer to Cross Appeal", and
(ii) complies with Rule 22, and with Rule 25, if applicable,
(b) file 4 copies of that answering factum for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the answering factum on each of the other parties.
(3) The factums on the cross appeal must not unnecessarily repeat matters contained in the factums on the main appeal.
24 Subject to Rule 25, if an appellant wishes to reply to a respondent's factum, the appellant must, within 7 days after being served with the respondent's factum,
(a) prepare a reply in Form 11,
(b) file 4 copies of that reply for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the reply on each of the other parties.
25 If the appellant wishes to reply to the factum of a respondent who has filed a cross appeal, the appellant must include that reply in the factum he or she files under Rule 23 (2).
26 (1) Unless a justice otherwise orders, within 30 days after filing the Appeal Record, the appellant must
(a) prepare an Appeal Book in Form 12,
(b) file 4 copies of that Appeal Book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the appellant's Appeal Book on each of the other parties.
(2) If a respondent who has been served with the appellant's Appeal Book considers that that Appeal Book is incomplete, the respondent may, within 30 days after service,
(a) prepare an Appeal Book in Form 12,
(b) file 4 copies of that respondent's Appeal Book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the respondent's Appeal Book on each of the other parties.
(3) The parties may file a joint Appeal Book if all parties agree.
(4) Despite subrules (1) and (2), if the parties agree to file a joint Appeal Book under subrule (3),
(a) the parties must, within 30 days after the filing of the respondent's factum, prepare a joint Appeal Book in Form 12, and
(b) one of the parties must, within that 30 day period,
(i) file 4 copies of that joint Appeal Book for use by the court plus such additional copies as are required for the purposes of subparagraph (ii), and
(ii) serve one filed copy of the joint Appeal Book on each of the other parties.
27 (1) Unless a justice otherwise orders, if the appellant's factum contains a reference to oral testimony heard in the court appealed from, the appellant must, within 30 days after filing the Appeal Record,
(a) prepare a transcript extract book in Form 13 containing that portion of the transcript that is necessary to explain that reference,
(b) file 4 copies of that transcript extract book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the appellant's transcript extract book on each of the other parties.
(2) Unless a justice otherwise orders, if the respondent's factum contains a reference to oral testimony heard in the court appealed from, the respondent must, within 30 days after being served with the appellant's factum,
(a) prepare a transcript extract book in Form 13 containing that portion of the transcript that is necessary to explain that reference,
(b) file 4 copies of that transcript extract book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the respondent's transcript extract book on each of the other parties.
(3) If a party includes more than 300 pages in the transcript extract book filed under subrule (2) (b), the party must apply to the registrar for directions.
[am. B.C. Reg. 62/2002, s. 1.]
28 (1) In this rule, an appeal is ready for hearing
(a) when the Appeal Record and the appellant's factum and Appeal Book are filed, or
(b) if an order has been made under Rule 21 (4) dispensing with the appellant's factum, when the appellant's Appeal Book is filed.
(2) The registrar is to maintain a list of appeals that are ready for hearing.
(3) The appellant must file a certificate of readiness in Form 14 immediately after an appeal is ready for hearing.
(4) If an appellant does not comply with subrule (3), the respondent, after filing the respondent's factum, may file a certificate of readiness in Form 14.
(5) After filing a certificate of readiness, the party who filed it must contact the registrar to obtain a date for the hearing of the appeal.
(6) Whether or not a party complies with subrule (5), the registrar may, subject to the directions of the chief justice, fix the time and place of the hearing of the appeal.
(7) Once a date is fixed for the hearing of the appeal, the party who filed the certificate of readiness must
(a) file with the registrar a confirmation in writing setting out the date fixed for the hearing of the appeal and the estimated length of hearing specified in the certificate, and
(b) serve a copy of the written confirmation to all other parties.
29 (1) On the request of a party made to the registrar in writing, on the request of the registrar or on a justice's own motion, the court or a justice may direct a prehearing conference.
(2) If a direction for a prehearing conference is made under subrule (1), the parties or their solicitors must attend before a justice at the time and place directed to consider one or more of the following:
(a) the simplification or isolation of issues on the appeal;
(b) the fixing of the time for the hearing of the appeal;
(c) any other matter that might expedite the appeal.
(3) The justice presiding at a prehearing conference may make an order or direction on any matter referred to in subrule (2) (a) to (c).
30 The court, on terms it considers just, may permit a party to use arguments, raise points of law or cite authorities that were not used, raised or cited in the party's factum.
31 (1) With leave of the court or a justice, a party may adduce evidence that was not before the court appealed from.
(2) A party applying for leave under this rule must ensure that
(a) the notice of motion is made returnable on the date set for the hearing of the appeal, unless a justice otherwise orders, and
(b) the notice of motion and supporting material are served,
(i) at least 30 days before the hearing of the appeal, if the application is to be heard at the time of the hearing of the appeal, or
(ii) at least 2 days before the hearing of the application, if the application is to be heard by a justice in advance of the appeal.
(3) A party wishing to file an affidavit in opposition to an application for leave under this rule must, at least 7 days before the application is set to be heard by the court,
(a) file 4 copies of that affidavit for use by the court plus such additional copies as are required for the purposes of paragraph (b), and
(b) serve one filed copy of the affidavit on each of the other parties.
32 This Part applies to every application made to the court or to a justice except to the extent that these rules otherwise provide or a justice otherwise orders.
33 (1) A party wishing to bring an application must
(a) prepare a notice of motion in Form 6,
(b) if the party intends to rely on facts at the hearing of the application, obtain an affidavit to support those facts,
(c) file 2 copies of the notice of motion and affidavit for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (d), and
(d) serve one filed copy of the notice of motion and supporting material on each of the other parties at least 2 days before the date set for the hearing of the application.
(2) Subject to the directions of the chief justice, the registrar may fix the time and place for the hearing of an application.
(3) Unless a justice otherwise orders, the hearing of an application must be completed within 30 minutes.
[am. B.C. Reg. 62/2002, s. 2.]
34 (1) A party wishing to bring an application under section 9 (6) of the Act to vary or discharge an order of a justice must, within 7 days after the order was made,
(a) prepare a notice of application to vary an order of a justice in Form 15,
(b) if the party intends to rely on facts at the hearing of the application, obtain an affidavit to support those facts,
(c) file 4 copies of that notice of application to vary an order of a justice and affidavit for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (d), and
(d) serve one filed copy of the notice of application on each of the other parties.
(2) Within 14 days after filing a notice of application to vary an order of a justice under subrule (1), the applicant must
(a) prepare a motion book in Form 16,
(b) file 4 copies of that motion book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the motion book on each of the other parties.
(3) After a notice of application to vary an order of a justice and a motion book are filed under subrules (1) and (2), the registrar is to set the date for the hearing of the application and advise the parties.
(4) A party who is served with a motion book must, within 7 days after service,
(a) prepare a reply book in Form 17,
(b) file 4 copies of that reply book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the reply book on each of the other parties.
[am. B.C. Reg. 62/2002, s. 1.]
35 A party applying under section 10 (3) of the Act for a review of an order or direction of the registrar must file and serve the notice of motion and supporting material within 7 days after the order was made.
36 (1) Any person interested in an appeal may apply to a justice for leave to intervene on any terms and conditions that the justice may determine.
(2) A party seeking leave under subrule (1) to intervene in an appeal must, within 14 days after the filing of the appellant's factum,
(a) prepare
(i) a notice of motion in Form 6, and
(ii) a memorandum of argument in Form 18,
(b) file 2 copies of that notice of motion and memorandum of argument for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the notice of motion and memorandum of argument on each of the other parties.
(3) In any order granting leave to intervene, the justice
(a) is to specify the date by which the factum of the intervenor must be filed, and
(b) may make provisions as to additional disbursements incurred by the appellant or any respondent as a result of the intervention.
(4) An intervenor must file a factum in Form 10 on or before the date referred to in subrule (3) (a).
(5) Unless a justice otherwise orders, an intervenor
(a) must not file a factum that exceeds 20 pages,
(b) must include in the factum only those submissions that pertain to the facts and issues included in the factums of the parties, and
(c) is not to present oral argument.
[am. B.C. Reg. 62/2002, s. 3.]
37 (1) Any party wishing to cross-examine the deponent of an affidavit filed on behalf of another party may apply to the court or a justice for an order that the deponent attend and be cross-examined before a commissioner for taking affidavits designated by the court or a justice.
(2) Unless a justice otherwise orders, any cross-examination referred to in subrule (1) must take place before the hearing of the appeal or application at which the affidavit is to be referred to.
38 An applicant for indigent status under Rule 56 must prepare, file and serve, in support of that application, an affidavit in Form 19.
Part 7 — Procedure on Appeals and Applications
39 (1) A notice of appeal or notice of application for leave to appeal must be served on each of the respondents
(a) by serving the respondent personally,
(b) by serving the respondent’s solicitor of record in the court appealed from, or
(c) by serving the respondent in any other manner directed by a justice.
(2) A notice of cross appeal must be served
(a) on the appellant
(i) in accordance with subrule (4), or
(ii) by serving it on the solicitor who filed the notice of appeal, and
(b) on each of the other respondents in accordance with subrule (4).
(3) Each party must have, and must include on each document that is filed by or on behalf of the party, an address for service in British Columbia that is one of the following:
(a) the office address of the party’s solicitor of record;
(b) if the party acts in person, a residential address or business address within British Columbia.
(4) After a party has filed a document containing an address for service, a document may be served on the party
(a) in the manner provided in subrule (1),
(b) by delivering that document to the party’s address for service in British Columbia,
(c) by faxing that document to the fax number included in the party’s address for service if the fax includes a cover memo in Form 20,
(d) by serving the document on the party in any other manner directed by a justice, or
(e) if the address for service is or includes an e-mail address, in accordance with Rule 54.1 (16).
[am. B.C. Reg. 135/2005, s. 1.]
40 (1) Each party to an appeal or application who intends to refer to one or more authorities at the hearing of the appeal or application must, at least 30 days before the hearing,
(a) prepare a book of authorities in Form 21,
(b) file 3 copies of that book of authorities for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the book of authorities on each of the other parties.
(2) If 2 or more parties are required under subrule (1) to file a book of authorities, the parties must, if practicable, file a joint book of authorities.
(3) Despite subrule (1), if the parties prepare a joint book of authorities under subrule (2), one of the parties must, at least 30 days before the hearing,
(a) file 3 copies of that joint book of authorities for use by the court plus such additional copies as are required for the purposes of paragraph (b), and
(b) serve one filed copy of the joint book of authorities on each of the other parties.
(4) Subject to subrules (7) to (9), a book of authorities must contain all the authorities referred to in the factums or motion books, as the case may be, filed by the parties on whose behalf the book of authorities is filed and may be printed on both sides of the page.
(5) Subject to subrule (6), a book of authorities must be limited to 300 pages per volume.
(6) If, in order to give effect to subrule (4), it is necessary to include in a book of authorities more than 300 pages of material, that material must be included in a book of authorities consisting of 2 or more volumes and each volume
(a) must be limited to 200 pages,
(b) must be sequentially numbered, and
(c) must contain an index of all the authorities contained in all the volumes of the book of authorities.
(7) If an authority exceeds 30 pages in length, the party or parties on whose behalf the book of authorities is filed may, instead of including the full version of the authority in the book of authorities, include a copy of the headnote, together with a copy of the page or pages referred to in the factum or motion book, as the case may be.
(8) The party relying on an authority may omit a portion of the authority that is unnecessary and, in that event, must make a note to that effect in the index to the book of authorities.
(9) From time to time, the registrar may publish a list of authorities and parties need not include in their book of authorities any authority included in that list unless the court will be asked to depart from or distinguish the authority.
[am. B.C. Regs. 62/2002, s. 4; 77/2003, s. 2.]
41 The court or justice, on the hearing of an appeal or an application, may order that a party prepare written argument on any matter, whether or not included in the factum or motion book, as the case may be, of any of the parties.
42 (1) The registrar may, at any time, request from a party an estimate of time for the hearing of an appeal or application.
(2) A party who receives a request from the registrar under subrule (1) must promptly give the registrar the party's estimate of the time.
43 If, after the registrar has fixed a date for the hearing of an appeal or application,
(a) all parties have agreed that the appeal should be adjourned,
(b) a party wishes to adjourn the appeal, or
(c) a party considers that an estimate of time given under Rule 42 (2) was substantially high or low,
the appellant or applicant or the party referred to in paragraph (b) or (c) of this subrule must immediately notify the registrar accordingly personally or by telephone and confirm that notification in writing.
44 (1) A justice may hear an application under the Act or these rules, or hold a pre-hearing conference, by telephone or videoconference if he or she considers it appropriate.
(2) The registrar may conduct a registrar's hearing under the Act or these rules by telephone or videoconference if he or she considers it appropriate.
45 (1) Subject to the directions of the chief justice, the registrar may change the time or place fixed for the hearing of an appeal or application.
(2) The registrar is to inform the parties after fixing or changing a time and place of the hearing.
46 Immediately after an appeal or an application for leave to appeal is settled or abandoned, the appellant must
(a) file a Notice of Settlement or Abandonment in Form 22, and
(b) serve one filed copy of the Notice of Settlement or Abandonment on each of the other parties.
47 (1) An order of the court or of a justice
(a) may be drawn up by any party,
(b) unless the court or justice otherwise directs, must be approved in writing by all parties or their solicitors of record, and
(c) must, after that approval is obtained, be left with the registrar.
(2) An order need not be approved by a party who has not consented to it and who did not attend or was not represented at the hearing at or after which the order was made.
(3) Unless these rules otherwise provide, an order must
(a) in the case of an order of the court on a reserve judgment, be in Form 23,
(b) in the case of an oral judgment of the court, be in Form 24,
(c) in the case of an order of a justice, be in Form 25, and
(d) in the case of an order varying an order of a justice, be in Form 25.1.
(4) An order must be dated as of, and takes effect on, the day on which it is pronounced.
[am. B.C. Reg. 77/2003, s. 3.]
48 (1) A consent order must not be entered without the consent of each party, evidenced,
(a) for a party represented by a solicitor, by the signature of the solicitor of record, and
(b) for a party not represented by a solicitor, by the signature of the party.
(2) An application for an order by consent may be made by filing evidence that all parties consent to the application along with
(a) in the case of an order to extend the time to file a document that may or must be filed under these rules, a draft of the order in Form 26,
(b) in the case of an order to remove a proceeding from the inactive list, a draft of the order in Form 27, and
(c) in the case of any other consent order, a draft of the order in Form 28.
49 (1) If an order is to be settled, it must be settled by the registrar who may refer the draft to the justice or court that made the order.
(2) A party who wishes to settle an order must
(a) make an appointment with the registrar to settle the order,
(b) prepare an appointment in Form 29,
(c) file one copy of the appointment for use by the court plus such additional copies as are required for the purposes of paragraph (d), and
(d) at least one day before the date appointed for the settlement of the order, serve one filed copy of the appointment on each of the other parties.
(3) If a party does not attend at the time appointed for settlement of an order, the registrar may settle the order in the party's absence.
50 At any time, the court or a justice may
(a) correct an error in an order that arose from a clerical mistake or from any other accidental slip or omission, or
(b) amend an order to provide for any matter that should have been but was not adjudicated.
51 The registrar is to insert the original copy of all entered court orders in a book kept for that purpose.
52 Nothing in these rules affects the ability of a justice, under section 10 (2) (d) of the Act, to extend or shorten any time provided for in these rules for the doing of an act or the taking of a proceeding.
53 All documents prepared for the use of the court must be in English and all paper documents must be legibly printed or typewritten on durable white paper having dimensions of 21.5 cm by 28 cm.
54 (1) The registrar may refuse to accept a document for filing unless the document
(a) complies with these rules,
(b) is in the appropriate form,
(c) complies with the completion instructions, if any, contained in that form, and
(d) includes an electronic copy of the document being filed in a form or format required by the registrar.
(2) The forms in Appendix A must be used as applicable with variations as the circumstances of the proceeding require.
(3) A reference in a form set out in Appendix A to an appellant is deemed to include reference to an applicant for leave to appeal if the circumstances so warrant.
(4) Unless the completion instructions contained in a form that is to be bound otherwise provide, the pages in the form are to be printed only on the right hand side of the page.
[am. B.C. Reg. 135/2005, s. 2.]
54.1 (1) In this rule:
"electronic document" means a document that has been transmitted for filing electronically;
"electronic services agreement" means an agreement referred to in subrule (3);
"registered user" means a person who has entered into an electronic services agreement.
(2) In the event of a conflict between this rule and another rule, this rule applies.
(3) A person wishing to file documents in a registry under this rule must
(a) enter into an agreement with the Court Services Branch of the Ministry of the Attorney General respecting the terms and conditions under which those filings may be made, and
(b) submit documents for filing in accordance with that agreement.
(4) A registered user may electronically transmit a document to a registry for filing if
(a) the document is accompanied by payment of the applicable filing fees, and
(b) the document is not one referred to in subrule (5).
(5) The following documents may not be transmitted for filing electronically:
(a) a motion book;
(b) a reply book;
(c) an appeal record;
(d) a factum;
(e) an appeal book;
(f) a transcript;
(g) a transcript extract book;
(h) a memorandum of argument;
(i) a book of authorities;
(j) a document that exceeds 500 pages in length, unless its transmission for filing electronically is authorized by the registrar.
(6) An affidavit or other signed document that is being filed for evidentiary purposes, if submitted for filing electronically, must clearly identify the signatory and must be accompanied by a statement, in Form 33, of the counsel acting for the person on whose behalf the document is submitted for filing or, if that person is unrepresented, by a statement of that person, in Form 33, indicating that
(a) the original paper version of the document appears to bear an original signature of the person identified as the signatory and the person making the Form 33 statement has no reason to believe that the signature placed on the document is not the signature of the identified signatory, and
(b) the version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and the person making the Form 33 statement has no reason to believe that it is not a true copy of the original paper version.
(7) A person who submits a document for filing under subrule (6) in a proceeding must
(a) keep the original paper version of the document until the earliest of
(i) the date on which the proceeding, including any appeals, is finally disposed of,
(ii) the date on which the appeal period for that proceeding has expired if no appeals of the proceeding have been brought within that period, and
(iii) the date on which the registrar requests that the original paper version be filed, and
(b) if a request is made under paragraph (a) (iii), file the original paper version promptly after that request is made.
(8) A person who submits a document referred to in subrule (6) for filing electronically must, on request, make the original paper version of that document available for inspection by other parties or their counsel and by the court.
(9) A person who is entitled to inspect a document under subrule (8) may, if that inspection is denied, file a requisition with the registrar, and, promptly after receipt of that requisition, the registrar must make a request under subrule (7) (a) (iii).
(10) Rule 51 of the Supreme Court Rules continues to apply to affidavits filed under this rule, but, in the event of a conflict between this rule and Rule 51 of those rules in respect of those affidavits, this rule prevails.
(11) For the purposes of these rules other than subrule (6) of this rule, a document is deemed to have been originally signed if it has been electronically authenticated in the manner contemplated by the applicable electronic services agreement.
(12) If a document that has been transmitted for filing electronically is accepted for filing by the registrar, the document is deemed to have been filed,
(a) if the document is received at the registry at or before 4 p.m. on a day on which the registry is open for business, on the day of its receipt, or
(b) if the document is not received at the registry at or before 4 p.m., on the next day on which the registry is open for business.
(13) After a document that has been transmitted for filing electronically is accepted for filing by the registrar, the registrar must affix an electronic version of the registry stamp to the document and, after that, must provide a copy of the stamped electronic document, in the manner contemplated by the electronic services agreement, to the person who transmitted the document for filing.
(14) If a document has been filed in accordance with subrule (4), a person who is otherwise entitled to view and obtain a copy of the document may, on payment of the proper fee,
(a) obtain from the registry a paper copy of the document,
(b) if the court registry has provided a public access computer terminal, view the document on that terminal, or, if the document is not available for viewing on that terminal, view on that terminal the information about the document or its contents, if any, that the court registry provides on that terminal, or
(c) if the person is a registered user, access the document in accordance with the terms of the electronic services agreement entered into by that person.
(15) A person who is required to provide an address for service under these rules may provide an e-mail address for service.
(16) A document that may or must be served on a person may, if it is an electronic document, be served on the person as follows:
(a) if the person has provided an e-mail address for delivery under subrule (15), by e-mailing it to that person’s e-mail address for delivery;
(b) if the solicitor for the person has provided an e-mail address for delivery under subrule (15), by e-mailing it to that solicitor’s e-mail address for delivery.
(17) A document transmitted by e-mail in accordance with subrule (16) is deemed to have been served
(a) on the day of the transmission, if the document is transmitted before 4 p.m., or
(b) on the next day that is not a Saturday or holiday, if the document is transmitted after 4 p.m.
(18) Even though a document has been served in accordance with subrule (16), a person may show, on an application to set aside the consequences of default, on an application for an extension of time or on an application in support of a request for an adjournment, that the document
(a) did not come to the person’s notice,
(b) did come to the person’s notice later than when it was served or effectively served, or
(c) was incomplete or illegible.
(19) This rule is repealed on July 2, 2007.
[en. B.C. Reg. 135/2005, s. 3.]
55 If the registrar of the Court of Appeal requests an exhibit from the court appealed from, the registrar of that court, or, if the court appealed from is a tribunal, the chair or secretary of the tribunal, must comply with the request.
56 Despite anything in these rules, no fee is payable to the government by a person to commence, defend or continue an appeal or application if a justice, on application before or after the commencement of the appeal or application, finds that the person is indigent, unless the justice considers that the position being argued by that person
(a) lacks merit,
(b) is scandalous, frivolous or vexatious, or
(c) is otherwise an abuse of the process of the court.
57 Except for Saturdays, Sundays and holidays, the court registry is to be open to the public between 9 a.m. and 4 p.m.
58 (1) The court may issue practice directives from time to time to regulate and control its procedure.
(2) The registrar may issue practice notes as necessary to explain or clarify these rules or the practice of the court.
59 (1) Costs payable to a party under these rules or by order must be assessed under Appendix B.
(2) Subrule (1) applies whether or not the costs are payable
(a) by another party,
(b) out of a fund of other parties, or
(c) out of a fund in which the party whose costs are being assessed has a common interest with other persons.
60 (1) If, because an offer to settle is made or for any other reason, the court or a justice determines that there would be an unjust result if costs were assessed under Scales 1 to 3 of section 3 (1) of Appendix B, the court or justice, at any time before the assessment has been completed, may order that costs be assessed as increased costs.
(2) If costs are ordered to be assessed as increased costs, the registrar must fix the fees that would have been allowed if an order for special costs had been made under Rule 61 (1), and must then allow 1/2 of those fees, or a higher or lower proportion as the court or justice may order.
61 (1) The court or a justice may order that costs be assessed as special costs.
(2) If an order is made under subrule (1), the registrar must allow those fees that the registrar considers were proper or reasonably necessary to conduct the proceeding to which the fees relate and, in exercising that discretion, the registrar must consider all of the circumstances, including
(a) the complexity of the proceeding and the difficulty or novelty of the issues involved,
(b) the skill, specialized knowledge and responsibility required of the solicitor,
(c) the amount involved in the proceeding,
(d) the time reasonably expended in conducting the proceeding,
(e) any party's conduct that tended to shorten or unnecessarily lengthen the duration of the proceeding,
(f) the importance of the proceeding to the party whose bill is being assessed and of the result obtained, and
(g) the benefit, to the party whose bill is being assessed, of the services rendered by the solicitor.
62 (1) A bill for special costs may be rendered on a lump sum basis.
(2) A lump sum bill must contain a description of the nature of the services and of the matter involved which description provides, in the opinion of the registrar, sufficient information for any solicitor to advise a client as to the reasonableness of the charge made.
(3) A party to an assessment or to a review of a lump sum bill may put in evidence the opinion of a solicitor as to the nature and importance of the services rendered and of the matter involved and the reasonableness of the charges made, but a party must not put in evidence the opinions of more than 2 solicitors.
(4) A solicitor giving an opinion referred to in subrule (3) may be required to attend at an assessment for examination and cross-examination.
63 (1) The registrar is the officer before whom costs are assessed.
(2) On an assessment of party and party costs, the registrar must allow those fees under Appendix B that were proper or reasonably necessary to conduct the proceeding.
(3) In addition to the fees allowed on an assessment, the registrar must allow a reasonable amount for expenses and disbursements that were necessarily or properly incurred in the conduct of the proceeding.
(4) If tax is payable by a party in respect of legal services, the registrar must allow an additional percentage, calculated on the monetary value of the units assessed, equal to the percentage rate of tax payable in respect of the legal services.
(5) If tax is payable by a party in respect of disbursements, the registrar must allow an additional percentage, calculated on the monetary value of the disbursements as assessed, equal to the percentage rate of tax payable in respect of the disbursements.
64 A party is not disentitled to costs on the ground that the lawyer who represented the party is an employee of the party.
65 The court or a justice may award costs that relate to some particular issue or part of the proceeding or may award costs except insofar as they relate to some particular issue or part of the proceeding.
66 If it is ordered that any costs must be paid out of an estate or property, the court or a justice may direct out of what portion of the estate or property the costs must be paid.
67 (1) If a party entitled to receive costs is liable to pay costs to another party, the registrar may
(a) assess the costs the party is liable to pay,
(b) adjust the costs by way of deduction or set-off, or
(c) delay the allowance of the costs the party is entitled to receive until the party has paid or tendered the costs the party is liable to pay.
(2) If the costs of one party against a second party ought to be paid by a third party, the court or a justice may
(a) order payment to be made by the third party to the first party directly, or
(b) order the second party to pay the costs of the first party and allow the second party to include those costs as a disbursement in the costs payable to the second party by the third party.
68 (1) A party wishing to have costs assessed must
(a) make an appointment with the registrar for the assessment,
(b) prepare a bill of costs in Form 30,
(c) prepare an appointment in Form 29 to which is attached the bill of costs,
(d) if the party intends to rely on facts at the assessment, obtain an affidavit to support those facts,
(e) file one copy of the appointment and supporting material for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (f), and
(f) at least 5 days before the assessment, serve one filed copy of the appointment and supporting material on each person against whom costs are to be assessed.
(2) The registrar may order that notice of an assessment of costs be given to a person whose interest, whether in a fund or estate or otherwise, may be affected.
[am. B.C. Reg. 62/2002, s. 5.]
69 (1) On the conclusion of an assessment, or if the person charged has consented to the amount, the registrar must, either by endorsing the original bill of costs or by signing a certificate in Form 31, certify the amount of costs awarded, and the party assessing costs may file the certificate.
(2) If a certificate under subrule (1) has been filed, it may be enforced as if it were a judgment of the court referred to in section 22 of the Act.
70 A person who is dissatisfied with a decision of the registrar on an assessment may, within 7 days after the registrar has certified the costs, apply to a justice for a review of the assessment under section 10 (3) of the Act.
71 (1) If the court or a justice considers that a solicitor for a party has caused costs to be incurred without reasonable cause, or has caused costs to be wasted through delay, neglect or some other fault, the court or justice may do one or more of the following:
(a) disallow any fees and disbursements between the solicitor and the solicitor's client or, if those fees or disbursements have been paid, order that the solicitor repay some or all of them to the client;
(b) order that the solicitor indemnify the solicitor's client for all or part of any costs that the client has been ordered to pay to another party;
(c) order that the solicitor be personally liable for all or part of any costs that the solicitor's client has been ordered to pay to another party;
(d) make any other order that the court or a justice considers appropriate.
(2) If the court or a justice makes an order under subrule (1), the court or justice may
(a) direct the registrar to conduct an inquiry and file a report with recommendations as to the amount of costs, or
(b) fix the costs with or without reference to the tariff in Appendix B.
(3) An order against a solicitor under subrule (1) or (2) must not be made unless the solicitor is present or has been given notice.
(4) A solicitor against whom an order under subrule (1) or (2) has been made must promptly serve a copy of the order on the solicitor's client.
Form 1 (Rule 3 (a) )
Court of Appeal File No. ....................
Supreme Court File No. ....................
Supreme Court Registry ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff*)
AND:
Appellant/Respondent
(Defendant*)
[* Include only those parties whose interests are affected by the order sought by the appellant(s), except that the name of Plaintiff or Applicant in the Court below should always appear first]
NOTICE OF APPLICATION FOR LEAVE TO APPEAL
Take notice that .......................................[name the party] hereby applies for leave to appeal to the Court of Appeal for British Columbia from the order of ............................................. of the ...................................................[name of Court or Tribunal appealed from] pronounced the .......... day of ............................, 20....., at ........................................, British Columbia. [If the appeal is from a part of the judgment only, please specify the part] .............................................................
| 1. | The appeal is from a: | |||||
| [ ] | Trial Judgment | [ ] | Summary Trial Judgment | |||
| [ ] | Order of a Statutory Body | [ ] | Chambers Judgment | |||
| 2. | If the appeal is from an appeal under Rule 49 or 53 (6) of the Supreme Court Rules, name the maker of the original decision, direction or order: | |||||
| 3. | Please identify which of the following is involved in the appeal: | |||||
| [ ] | Constitutional/Administrative | [ ] | Civil Procedure | [ ] | Commercial | |
| [ ] | Family | [ ] | Motor Vehicle Accidents | [ ] | Municipal Law | |
| [ ] | Real Property | [ ] | Torts | [ ] | Equity | |
| [ ] | Wills and Estates | |||||
And further take notice that the Court of Appeal will be moved at the hearing of this application for an order that
..................................................................................................................................................................................................
..................................................................................................................................................................................................
....................................................................................................................................................................................................
[Here set out the order that the appellant desires the Court to make, including any special disposition with respect to costs]
The grounds of appeal are:
...............................................................................................................................................................................................................................
...............................................................................................................................................................................................................................
...............................................................................................................................................................................................................................
The trial/hearing of this proceeding occupied ..................... days/hours.
Dated at .............................., British Columbia, this .................... day of ....................................., 20......
.........................................................................
Appellant/Solicitor for the Appellant
To the respondent(s): ........................................................................................................................................................................................
And to its
solicitor:.............................................................................................................................................................................................
This Notice of Leave to Appeal is given by
.................................................................................................................................................,
whose address for service is
............................................................................................................................................................................
................................................................................................................................................................................................................................
To the respondent(s):
IF YOU INTEND TO PARTICIPATE in this proceeding, YOU MUST GIVE NOTICE of your intention by filing a form entitled "Notice of Appearance" (Form 2 of the Court of Appeal Rules) in a Court of Appeal registry and serve the notice of appearance on the appellant WITHIN 10 DAYS of receiving this Notice of Application for Leave to Appeal.
IF YOU FAIL TO FILE A NOTICE OF APPEARANCE
(a) you are deemed to take no position on the application, and
(b) the parties are not obliged to serve you with any further documents related to the application.
The filing registries for the British Columbia Court of Appeal are as follows:
Central Registry:
B.C. Court of Appeal
The Law Courts
800 Smithe Street
Vancouver BC V6Z 2E1
Other Registries:
B.C. Court of Appeal
The Law Courts
P.O. Box 9248 STN PROV GOVT
850 Burdett Ave
Victoria BC V8W 1B4
B.C. Court of Appeal
223 – 455 Columbia Street
Kamloops BC V2C 6K4
Inquiries should be addressed to (604) 660-2468
Fax filings: (604) 660-1951
Form 2 (Rules 5 (a), 13 (a) and 17 (a))
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
NOTICE OF APPEARANCE
Enter an appearance on behalf of
................................................................................[Respondent's name]
.................................................................................[Respondent's address for service]
.............................................................................
Respondent/Solicitor for the Respondent
Form 3 (Rule 7 (1) (a) (i) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
NOTICE OF MOTION FOR LEAVE TO APPEAL
TO: [List all the parties to be served]
TAKE NOTICE THAT AN APPLICATION will be made by ..........................................................[name the party] to the presiding justice at ..........................................................................[address of courthouse], British Columbia, at 9:30 a.m. on ...............................................[day of the week — Monday-Friday - and the date], for leave to appeal the order of ......................................................................... of the....................................................[name of Court or Tribunal appealed from] pronounced the .................day of....................., 20............,
| Dated: ............................................................ | Signed ........................................................................ |
[name of signer]..........................................................
This application will take no more than 30 minutes to be heard.
Form 4 (Rules 7 (1) (a) (ii) and 9 (3) (a) (ii) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
MOTION BOOK FOR LEAVE TO APPEAL
AND/OR
MOTION BOOK FOR STAY OF PROCEEDINGS/EXECUTION
| (Name of appellant) |
(Name of respondent) |
|
| (Name of appellant's counsel, if any) |
(Name of respondent's counsel, if any) |
|
| (Address of appellant or, if the appellant is represented, name and address of the appellant's law firm) |
(Address of respondent or, if the respondent is represented, name and address of the respondent's law firm) |
COMPLETION INSTRUCTIONS
The appellant's motion book must be bound with a buff cover and must contain an index and the following in chronological order:
1. Reasons for judgment and the final order (if entered or in the form agreed to by counsel) sought to be appealed;
2. Those parts of the evidence and exhibits to which the appellant intends to refer in argument;
3. Affidavits, if required;
4. A memorandum of argument, not exceeding 10 pages in length (exclusive of the table of authorities) or, if 2 applications are joined in accordance with Rule 9, not exceeding 15 pages in length (exclusive of the table of authorities), divided into 5 parts, namely:
Part I: A brief statement of facts,
Part II: A statement of the points in issue,
Part III: A brief statement setting out the reasons why leave should be granted, which statement should state the position of the party regarding the following:
(a) the importance of the proposed appeal generally and to the parties;
(b) the utility of the proposed appeal in the circumstances of the parties;
(c) the prospects of success of the proposed appeal;
(d) if applicable, any statutory provision granting a right to appeal with leave.
Part IV: The nature of the order requested, and
Part V: A table of the authorities to be referred to, arranged alphabetically.
Appendices: If the appellant intends to rely on an enactment, copies of the relevant sections of the enactment.
Form 5 (Rule 8 (a) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
REPLY BOOK FOR LEAVE TO APPEAL
AND/OR
REPLY BOOK FOR STAY OF PROCEEDINGS/EXECUTION
| (Name of appellant) |
(Name of respondent) |
|
| (Name of appellant's counsel, if any) |
(Name of respondent's counsel, if any) |
|
| (Address of appellant or, if the appellant is represented, name and address of the appellant's law firm) |
(Address of respondent or, if the respondent is represented, name and address of the respondent's law firm) |
COMPLETION INSTRUCTIONS
The respondent's reply book must be bound with a green cover and must
(a) contain evidence, exhibits, affidavits and enactments relevant to the application and not otherwise included in the appellant's motion book or in the reply book of any other respondent,
(b) contain a memorandum of argument not exceeding 5 pages or, if 2 applications are joined in accordance with Rule 9, not exceeding 10 pages in length, and
(c) be arranged in the same manner as the appellant's motion book.
Form 6 (Rules 9 (3) (a) (i), 33 (1) (a) and 36 (2) (a) (i) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
NOTICE OF MOTION
TO: [List all the parties to be served]
TAKE NOTICE THAT AN APPLICATION will be made by ................................................................[name the party] to the presiding justice at .................................................................................[address of courthouse], British Columbia, at 9:30 a.m. on ............................................[day of the week — Monday-Friday - and the date], for an order pursuant to ..........................................................................................................[Rule/enactment] that .............................................................[set out the required order]
AND TAKE NOTICE THAT in support of the application will be read the affidavit of .........................[name of deponent] sworn on .................................................. [date].
| Dated: ............................................................ | Signed ..................................................................... |
[name of signer]..........................................................
This application will take no more than 30 minutes to be heard.
Form 7 (Rule 11 (a) )
Court of Appeal File No. ....................
Supreme Court File No. ....................
Supreme Court Registry ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff*)
AND:
Appellant/Respondent
(Defendant*)
[* Include only those parties whose interests are affected by the order sought by the appellant(s), except that the name of Plaintiff or Applicant in the Court below should always appear first]
NOTICE OF APPEAL
Take notice that ..........................................................[name the party] hereby appeals to the Court of Appeal for British Columbia from the order of .......................................................... of the ............................................................[name of Court or Tribunal appealed from] pronounced the .............. day of ....................................., 20......., at .............................................., British Columbia. [If the appeal is from a part of the judgment only, please specify the part]......................................................................................................................................................... .
| 1. | The appeal is from a: | |||||
| [ ] | Trial Judgment | [ ] | Summary Trial Judgment | |||
| [ ] | Order of a Statutory Body | [ ] | Chambers Judgment | |||
| 2. | If the appeal is from an appeal under Rule 49 or 53 (6) of the Supreme Court Rules, name the maker of the original decision, direction or order: | |||||
| 3. | Please identify which of the following is involved in the appeal: | |||||
| [ ] | Constitutional/Administrative | [ ] | Civil Procedure | [ ] | Commercial | |
| [ ] | Family — [ ] Divorce | [ ] | Family Relations Act | [ ] | Corollary Relief in a Divorce Proceeding | |
| [ ] Other Family | ||||||
| [ ] | Motor Vehicle Accidents | [ ] | Municipal Law | [ ] | Real Property | |
| [ ] | Torts | [ ] | Equity | [ ] | Wills and Estates | |
(The Divorce Registry will, as applicable, be notified by the Court of Appeal Registry on filing if the appeal involves divorce, corollary relief in divorce proceeding or matters under the Family Relations Act)
And further take notice that the Court of Appeal will be moved at the hearing of this appeal for an order that
.....................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
[Here set out the order that the appellant desires the Court to make, including any special disposition with respect to
costs]
The trial/hearing of this proceeding occupied ............... days/hours.
Dated at .............................., British Columbia, this .......... day of ....................................., 20......... .
.........................................................................
Appellant/Solicitor for the Appellant
To the respondent(s):
....................................................................................................................................
And to its solicitor:
........................................................................................................................................
This Notice of Appeal is given by
.................................................................................................................,
whose address for service is
..........................................................................................................................
......................................................................................................................................................................
To the respondent(s):
IF YOU INTEND TO PARTICIPATE in this appeal, YOU MUST GIVE NOTICE of your intention by filing a form entitled "Notice of Appearance" (Form 2 of the Court of Appeal Rules) in a Court of Appeal registry and serve the notice of appearance on the appellant WITHIN 10 DAYS of receiving this Notice of Appeal.
IF YOU FAIL TO FILE A NOTICE OF APPEARANCE
(a) you are deemed to take no position on the appeal, and
(b) the parties are not obliged to serve any further documents on you.
The filing registries for the British Columbia Court of Appeal are as follows:
Central Registry:
B.C. Court of Appeal
The Law Courts
800 Smithe Street
Vancouver BC V6Z 2E1
Other Registries:
B.C. Court of Appeal
The Law Courts
P.O. Box 9248 STN PROV GOVT
850 Burdett Ave
Victoria BC V8W 1B4
B.C. Court of Appeal
223 — 455 Columbia Street
Kamloops BC V2C 6K4
Inquiries should be addressed to (604) 660-2468
Fax filings: (604) 660-1951
Form 8 (Rule 15 (a) )
Court of Appeal File No. ....................
Supreme Court File No. ....................
Supreme Court Registry ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
NOTICE OF CROSS APPEAL
Take notice that ..........................................................[name the party] hereby appeals to the Court of Appeal for British Columbia from the order of ..................................................................................................................................... of the ...............................................[name of Court or Tribunal appealed from] pronounced the ............................... day of ....................................., 20......., at .............................................., British Columbia. [If the cross appeal is from a part of the judgment only, please specify the part]............................................................. .
And further take notice that the Court of Appeal will be moved at the hearing of this cross appeal for an order
that............................................................................................................................................................................................................................
...................................................................................................................................................................................................................................
[Here set out the order that the respondent bringing the cross appeal desires the Court to make, including any special disposition with respect to costs]
Dated at .............................., British Columbia, this .................... day of ...................., 20..... .
.........................................................................
Respondent/Solicitor for the Respondent
To the appellant(s) and any respondent(s) not bringing a cross
appeal:
.......................................................................................................
And to
their solicitor(s):
..........................................................................................................................................................................................
This Notice of Cross Appeal is given by
............................................................................................................................................................,
whose address for service is
..................................................................................................................................................................................
.....................................................................................................................................................................................................................................
IF YOU INTEND TO PARTICIPATE in this cross appeal, YOU MUST, unless you are the appellant or a respondent who has already filed a notice of appearance in this matter in a Court of Appeal registry, GIVE NOTICE of your intention by filing a form entitled "Notice of Appearance" (Form 2 of the Court of Appeal Rules) in a Court of Appeal registry and serve the notice of appearance on the other parties to the appeal and cross appeal WITHIN 10 DAYS after receiving this Notice of Cross Appeal.
IF, BY THE FOREGOING, YOU ARE REQUIRED TO FILE A NOTICE OF APPEARANCE AND YOU FAIL TO FILE THAT NOTICE OF APPEARANCE,
(a) you are deemed to take no position on the cross appeal, and
(b) the parties are not obliged to serve any further documents on you.
The filing registries for the British Columbia Court of Appeal are as follows:
Central Registry:
B.C. Court of Appeal
The Law Courts
800 Smithe Street
Vancouver BC V6Z 2E1
Other Registries:
B.C. Court of Appeal
The Law Courts
P.O. Box 9248 STN PROV GOVT
850 Burdett Ave
Victoria BC V8W 1B4
B.C. Court of Appeal
223 — 455 Columbia Street
Kamloops BC V2C 6K4
Inquiries should be addressed to (604) 660-2468
Fax filings: (604) 660-1951
Form 9 (Rule 19 (a) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
And:
Appellant/Respondent
(Defendant)
APPEAL RECORD
| (Name of appellant) |
(Name of respondent) |
|
| (Name of appellant's counsel, if any) |
(Name of respondent's counsel, if any) |
|
| (Address of appellant or, if the appellant is represented, name and address of the appellant's law firm) |
(Address of respondent or, if the respondent is represented, name and address of the respondent's law firm) |
COMPLETION INSTRUCTIONS
The Appeal Record must be bound with a blue cover and must contain the following in the following order:
The most current versions of the pleading that initiated the proceeding under appeal and the responding documents.
A copy of the entered order under appeal, if available, or, if no copy of the entered order is available, a blank page in which the copy of the entered order can be inserted once available. (NOTE that a Certificate of Readiness cannot be filed until the copy of the entered order is included in the Appeal Record).
The reasons for judgment including the name of the judge and the date of the judgment.
A copy of the document that initiated the appeal and a copy of the entered order granting leave, if available, or, if no copy of the entered order is available, a blank page in which the copy of the entered order can be inserted once available.
A copy of any notice required under this Act.
In addition to the foregoing, the Appeal Record must comply with the following:
(a) other than the index, each of the pages in the Appeal Record must be printed on the left;
(b) each of the pages must be numbered consecutively, on the upper left hand corner of the page, beginning with the first page of Part 1.
Form 10 (Rules 22(1) (a) and 36 (4) )
Court of Appeal File No. ....................
COURT OF APPEAL
ON APPEAL FROM: [State judge and court or tribunal from whose order the appeal is brought, together with the date that the order was pronounced]
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
APPELLANT'S/RESPONDENT'S FACTUM
| (Name of appellant) |
(Name of respondent) |
|
| (Name of appellant's counsel, if any) |
(Name of respondent's counsel, if any) |
|
| (Address of appellant or, if the appellant is represented, name and address of the appellant's law firm) |
(Address of respondent or, if the respondent is represented, name and address of the respondent's law firm) |
COMPLETION INSTRUCTIONS
The factum must
(a) be bound
(i) for the appellant, with a buff cover,
(ii) for the respondent, with a green cover, or
(iii) for an intervenor, with a yellow cover, and
(b) contain the following in the following order:
The opening paragraph of an appellant's factum must be a concise statement of the nature of the appeal.
[1] In the appellant's factum, this Part must consist of a concise statement of the history of the proceedings and the facts of the case.
[2] In the respondent's factum, this Part must consist of the respondent's position with respect to the appellant's statement of facts together with a concise statement of any other facts that the respondent considers relevant.
[3] In each factum the source relied on for a statement of fact (e.g. testimony, an exhibit or the reasons for judgment) must be identified by referring to the volume and page number where it is found in the Appeal Record or Appeal Books or the volume and page and line numbers where it is found in the Transcript.
[4] In the appellant's factum, this Part must be titled "Errors in Judgment" and must consist of a concise statement that sets out clearly and particularly in what respect the judgment or order appealed from is alleged to be in error.
[5] In the respondent's factum, this part must be titled "Issues on Appeal" and must consist of a statement of the respondent's position in regard to the points put in issue by the appellant's factum and of any other points that the respondent may properly put in issue.
[6] In each factum, this Part must consist of a concise outline of argument setting out
(a) the points of law or fact to be discussed, with a reference to the volume and page numbers of the Appeal Record or Appeal Book or to the volume and page and line numbers of the Transcript, and
(b) the authorities in support of each point.
[7] If an enactment is cited or relied on, it may be briefly reproduced in this Part, but it must be reproduced
(a) as an appendix to the factum, or
(b) as a separate volume having covers the same colour as the appropriate factum and filed at the same time as that factum.
[8] This Part must consist of a concise statement of the nature of the order that is sought by the party preparing the factum and it must include any special disposition that is desired with respect to costs.
[9] Following any appendices, authorities referred to in the factum must be listed in alphabetical order.
[10] After each authority, the page or paragraph in the factum at which the authority is referred to must be cited.
In addition to the foregoing, the factum must comply with the following:
(a) other than the index, each of the pages in the factum must be printed on the left;
(b) each of the pages must be numbered consecutively, on the upper left hand corner of the page, beginning with the first page of Part 1;
(c) each of the paragraphs must be numbered consecutively beginning with the first paragraph of Part 1;
(d) the lines of the factum must be spaced at least one and one-half lines apart except for excerpts from an authority or a reproduction of an enactment, which excerpts must be indented and single spaced;
(e) the margins must be no less than 2.5 cm;
(f) format for the citation of authorities must follow the Directive concerning the Citation of Authorities;
(g) the type must be no smaller than 12 point type;
(h) a loose copy of the chronology must be included.
Form 11 (Rule 24 (a) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
APPELLANT'S REPLY
| (Name of appellant) |
(Name of respondent) |
|
| (Name of appellant's counsel, if any) |
(Name of respondent's counsel, if any) |
|
| (Address of appellant or, if the appellant is represented, name and address of the appellant's law firm) |
(Address of respondent or, if the respondent is represented, name and address of the respondent's law firm) |
COMPLETION INSTRUCTIONS
The appellant's reply
(a) must be bound with a buff cover, and
(b) must not exceed 5 pages in length.
In addition to the foregoing, the appellant's reply must comply with the following:
(a) each of the pages in the appellant's reply must be printed on the left;
(b) each of the pages must be numbered consecutively, on the upper left hand corner of the page;
(c) each of the paragraphs must be numbered consecutively;
(d) the lines of the appellant's reply must be spaced at least one and one-half lines apart except for excerpts from an authority or a reproduction of an enactment, which excerpts must be indented and single-spaced;
(e) the margins must be no less than 2.5 cm;
(f) format for the citation of authorities must follow the Directive concerning the Citation of Authorities;
(g) the type must be no smaller than 12 point type.
Form 12 (Rule 26 (1) (a), (2) (a) and (4) (a) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
APPELLANT'S/RESPONDENT'S/JOINT/APPEAL BOOK
| (Name of appellant) |
(Name of respondent) |
|
| (Name of appellant's counsel, if any) |
(Name of respondent's counsel, if any) |
|
| (Address of appellant or, if the appellant is represented, name and address of the appellant's law firm) |
(Address of respondent or, if the respondent is represented, name and address of the respondent's law firm) |
COMPLETION INSTRUCTIONS
Each volume of an Appeal Book must
(a) be bound with a blue cover, and
(b) if there is more than one volume of the Appeal Book, be labelled with the volume number on its spine.
The Appeal Books must contain only so much of the evidence, including exhibits, affidavits and other documents, as is necessary to resolve the issues raised on appeal, as follows:
If the appeal is from a hearing at which some or all of the evidence was adduced by oral testimony:
OR
If the appeal is from a hearing at which all of the evidence was adduced by affidavit:
In addition to the foregoing:
(a) must be limited to 200 pages,
(b) must be sequentially numbered, and
(c) must contain at the beginning an index of all the evidence contained in the volume.
Form 13 (Rule 27 (1) (a) and (2) (a) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
TRANSCRIPT EXTRACT BOOK
| (Name of appellant) |
(Name of respondent) |
|
| (Name of appellant's counsel, if any) |
(Name of respondent's counsel, if any) |
|
| (Address of appellant or, if the appellant is represented, name and address of the appellant's law firm) |
(Address of respondent or, if the respondent is represented, name and address of the respondent's law firm) |
COMPLETION INSTRUCTIONS
Each volume of the Transcript Extract Book must
(a) be bound with a red cover,
(b) contain an index, and
(c) if there is more than one volume of the Transcript Extract Book, be labelled with the volume number on its spine.
In addition to the foregoing,
(a) other than the index, each of the pages in the Transcript Extract Book must be printed only on the left side of the page, and
(b) if practicable, each portion of the transcript comprising 5 or more sequentially numbered pages must be tabbed as appropriate.
Form 14 (Rule 28 (3) and (4) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
CERTIFICATE OF READINESS
I, ...................................................................................., [appellant/counsel for the appellant, respondent/counsel for the respondent], certify:
The parties have agreed that not more than ............................................................[time estimate] is reasonable for the hearing of the appeal.
It has also been agreed that this appeal is to be set for hearing in.......................................................................................................................[location]
OR
The parties to this appeal are not in agreement as to their estimate of a reasonable time for the hearing of the appeal. The estimates of each are as follows:
Estimate of the Appellant(s)..............................................................
Estimate of the Respondent(s)...........................................................
I undertake to pay all hearing fees payable under Appendix C, Schedule 1, Item 6 of the Supreme Court Rules.
..................................................................................
Party/Solicitor for
[party]
Form 15 (Rule 34 (1) (a) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
NOTICE OF APPLICATION TO VARY
AN ORDER OF A JUSTICE
TAKE NOTICE that an application under section 9 (6) of the Court of Appeal Act will be made by .............................................[name the party] to the Court of Appeal at ...........................................[address of courthouse] in the Province of British Columbia, at such time and date as may be determined by the Registrar, for an order to discharge or vary the order of the Honourable Mr./Madam Justice ....................................[name of Justice] made on ..................................[date of order].
| Date:............................................................ | .................................................................................. Solicitor for the Applicant |
Form 16 (Rule 34 (2) (a) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
MOTION BOOK
APPLICATION TO VARY AN ORDER OF A JUSTICE
| (Name of appellant) |
(Name of respondent) |
|
| (Name of appellant's counsel, if any) |
(Name of respondent's counsel, if any) |
|
| (Address of appellant or, if the appellant is represented, name and address of the appellant's law firm) |
(Address of respondent or, if the respondent is represented, name and address of the respondent's law firm) |
COMPLETION INSTRUCTIONS
A motion book must be bound with a buff cover and must contain the following material in chronological order:
1. Reasons for judgment of the justice and a copy of the order under review, if available, or if no copy of the entered order is available, in the form agreed to by counsel;
2. Those parts of the reasons for judgment in the originating court that are relevant to this review application and the final order that is the subject of the appeal;
3. Those parts of the evidence filed before the justice that the applicant intends to refer to in argument;
4. Subsequent affidavits, if any;
5. A brief memorandum of argument, not exceeding 10 pages in length (exclusive of the table of authorities) divided into 5 parts, namely
Part I: A brief statement of facts,
Part II: A statement of the points in issue,
Part III: A brief argument setting out why the justice erred in making the decision under review,
Part IV: The nature of the order requested, and
Part V: A table of the authorities to be referred to, arranged alphabetically.
Appendices: If the applicant intends to rely on an enactment, a copy of the relevant sections of the enactment must be included.
Form 17 (Rule 34 (4) (a) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
REPLY BOOK ON AN
APPLICATION TO VARY AN ORDER OF A JUSTICE
| (Name of appellant) |
(Name of respondent) |
|
| (Name of appellant's counsel, if any) |
(Name of respondent's counsel, if any) |
|
| (Address of appellant or, if the appellant is represented, name and address of the appellant's law firm) |
(Address of respondent or, if the respondent is represented, name and address of the respondent's law firm) |
COMPLETION INSTRUCTIONS
A reply book must be bound with a green cover and must
(a) contain any evidence, exhibits, affidavits and enactments relevant to the application and not otherwise included in the applicant's motion book or in the reply book of any other respondent,
(b) contain a brief memorandum of argument not exceeding 5 pages, and
(c) be arranged in the same manner as the applicant's motion book.
Form 18 (Rule 36 (2) (a) (ii) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
MEMORANDUM OF ARGUMENT ON AN APPLICATION
FOR LEAVE TO INTERVENE
| (Name of appellant) |
(Name of respondent) |
|
| (Name of appellant's counsel, if any) |
(Name of respondent's counsel, if any) |
|
| (Address of appellant or, if the appellant is represented, name and address of the appellant's law firm) |
(Address of respondent or, if the respondent is represented, name and address of the respondent's law firm) |
COMPLETION INSTRUCTIONS
A memorandum of argument on an application for leave to intervene must
(a) briefly describe the intervenor and the intervenor's interest in the appeal,
(b) identify the position to be taken by the intervenor on the appeal,
(c) set out a summary of submissions to be advanced by the intervenor and their relevance to the appeal, and
(d) set out the reasons for believing that the submissions will be
(i) useful to the court, and
(ii) different from those of other parties.
Form 19 (Rule 38)
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
AFFIDAVIT IN SUPPORT OF INDIGENT APPLICATION
I, ...............................................................................[state your name] of .......................................................................[your address] in the City of ..............................................................................[city of residence], British Columbia, MAKE OATH AND SAY AS FOLLOWS:
1. I am the appellant/respondent in this proceeding.
2. I make this affidavit in support of my application for an order that I be declared indigent with respect to the payment of fees set out in the Supreme Court Rules Appendix C, Schedule 1.
3. I am......................years old.
4. I have the following dependants:
.......................................................................................................................................................................................................................
.......................................................................................................................................................................................................................
.......................................................................................................................................................................................................................
[list all of the dependants in the household]
5. The following persons contribute to my household expenses:
........................................................................................................................................................................................................................
[list all in household who contribute to expenses]
6. I
am.............................................................................................................................................................................................................
[state whether employed or unemployed]
7. Attached as Exhibit "A" is a financial statement that accurately sets out the monthly income, expenses and assets of my household.
8. Attached as Exhibit "B" is an accurate description of my educational and employment history.
9. Attached as Exhibit "C" is an accurate description of my workplace skills.
10. Attached as Exhibit "D" is a copy of the process I wish to file or proceed with.
11. Attached as Exhibit "E" is a copy of the reasons for judgment appealed from (if available).
SWORN BEFORE ME at ............................................. |
) | |
| .in the Province of British Columbia, this ..................................... | ) | |
| day of ..................................., 20........ | ) | |
| ) | ||
| ) | ......................................................................................................................... | |
| ) | ||
| ......................................................................................... | ) | |
| A Commissioner for taking Affidavits | ) | |
| in the Province of British Columbia | ) |
Exhibit A
Exhibit "A" to the Affidavit of
....................................................., sworn this
...............day of......................., 20..................
......................................................................
A Commissioner for taking Affidavits in
the Province of British Columbia
FINANCIAL STATEMENT
ESTIMATED NET MONTHLY INCOME
[Attach proof — i.e. most recent pay stubs or payment advice, etc., if available]
| Estimated net monthly income from all sources: | ||
| Employment | ...................... | |
| Pension | ...................... | |
| Dividends | ...................... | |
| Interest | ...................... | |
| Other | ...................... | |
| TOTAL (Estimated net monthly income) | $.................... | |
ESTIMATED MONTHLY EXPENSES
[Attach receipts for the following, if available]
| Estimated monthly expenses related to housing | .............................. | |
| Estimated monthly expenses related to transportation | .............................. | |
| Estimated monthly expenses related to household expenses | .............................. | |
| Estimated monthly expenses related to medical and dental expenses | .............................. | |
| Estimated monthly expenses, not included in above, related to dependent children | .............................. | |
| Estimated monthly debt payments (specify) | ||
| ................................................................................................................................................. | ||
| .................................................................................................................................................. | .............................. | |
| TOTAL (Estimated monthly expenses) | $............................ |
ASSETS
[Specify assets and set out their estimated value]
| ................................................................................................................................................. | ||
| .................................................................................................................................................. | ||
| .................................................................................................................................................. | ||
| .................................................................................................................................................. | ||
| .................................................................................................................................................. | ||
| TOTAL (Estimated asset values) | $............................ |
Exhibit "B"
Exhibit "B" to the Affidavit of
............................................., sworn this
...............day of..........................,20.......
..............................................................
A Commissioner for taking Affidavits in
the Province of British Columbia
[Set out details of education and employment history]
| 1. | Highest level of education attained and date completed: |
| .......................................................................................................................................................... | |
| .......................................................................................................................................................... | |
| ........................................................................................................................................................... |
| 2. | Employment history: |
| Employer | Dates | Position |
| ................................................................ | ..................................... | ................................................................ |
| ................................................................ | ..................................... | ................................................................ |
| ................................................................ | ..................................... | ................................................................ |
Exhibit "C"
Exhibit "C" to the Affidavit of
............................................., sworn this
...............day of..........................,20.......
..............................................................
A Commissioner for taking Affidavits in
the Province of British Columbia
WORKPLACE SKILLS
[Specify]
...........................................................................................................................................................................................................................................
............................................................................................................................................................................................................................................
.............................................................................................................................................................................................................................................
..............................................................................................................................................................................................................................................
Form 20 (Rule 39 (4) (c) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
COVER MEMORANDUM
To: [name the party to be served and the party's solicitor, if any]
From: [fax number from which document was transmitted as well as name, address and telephone number of sender]
Date: [date and approximate time of transmission]
Re: [name of case, Court File #]
Message: [brief description of document being served]
Name and telephone number of person to contact in the event of problems:
Number of pages, including cover memo:
Form 21 (Rule 40 (1) (a) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
BOOK OF AUTHORITIES
| (Name of appellant) |
(Name of respondent) |
|
| (Name of appellant's counsel, if any) |
(Name of respondent's counsel, if any) |
|
| (Address of appellant or, if the appellant is represented, name and address of the appellant's law firm) |
(Address of respondent or, if the respondent is represented, name and address of the respondent's law firm) |
COMPLETION INSTRUCTIONS
Each volume of a book of authorities must be bound with
(a) a grey cover in the case of a joint book of authorities, or
(b) if it is not practicable for the parties to file a joint book of authorities,
(i) a buff cover, in the case of an appellant's book of authorities, or
(ii) a green cover, in the case of an respondent's book of authorities.
If the book of authorities consists of 2 or more volumes, each volume must be labelled with the volume number on its spine number and each of the pages in the book of authorities may be printed on both sides of the page.
The authorities contained in the book of authorities must be separated by divider tabs.
Form 22 (Rule 46 (a) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
NOTICE OF SETTLEMENT OR ABANDONMENT
In the matter of the appeal commenced by (Notice of Appeal/Notice of Application for Leave to Appeal) filed on ..................................[date of filing], from the order of the Honourable Mr./Madam Justice ..............................................[insert name of trial or chambers judge] pronounced ..................................[insert date of Supreme Court order].
Take Notice that I, ..................................................[insert your name], appellant in the above-noted matter, hereby abandon this Appeal.
| ............................................................................ Date |
............................................................................ Appellant/Solicitor for the Appellant |
This NOTICE OF SETTLEMENT OR ABANDONMENT is filed by: ..............................................[insert name] whose address is:.............................................................................................. .......................................................................................................................[insert address]
Telephone number is: ...................................................[insert telephone number]
Form 23 (Rule 47 (3) (a) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
ORDER
BEFORE:
The Honourable Mr./Madam Justice ..........................................
The Honourable Mr./Madam Justice ..........................................
The Honourable Mr./Madam Justice ..........................................
[Justices' names must be set out in the same order as in the reasons for judgment]
Vancouver, British Columbia, ..................................[date reserve judgment was released]
THE APPEAL from the judgment/determination of .............................................................................[state name of judge and court/tribunal appealed from] at .........................................[state location of court/tribunal] dated ...................................[insert date of judgment/determination appealed from] coming on for hearing on ................................................[insert date(s) of the hearing in the Court of Appeal], AND ON HEARING .....................................................................[insert name of counsel for the appellant or state "the appellant appearing in person"] and..............................................................[insert name of counsel for the respondent or state "the respondent appearing in person"], AND ON READING the materials filed herein, AND ON JUDGMENT BEING RESERVED TO THIS DATE;
THIS COURT ORDERS (that the appeal is dismissed/allowed etc.)
AND THIS COURT FURTHER ORDERS that......................................................................................................................................................................
AND THIS COURT FURTHER ORDERS that the ...................................[insert name of successful party on the appeal] do recover the costs of the appeal from ...................................[insert name of unsuccessful party] forthwith after assessment.
| APPROVED AS TO FORM: | BY THE COURT |
| .............................................................................. Counsel for the Appellant |
.............................................................................. Deputy Registrar |
| .............................................................................. Counsel for the Respondent |
Form 24 (Rule 47 (3) (b) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
ORDER
BEFORE:
The Honourable Mr./Madam Justice ..........................................
The Honourable Mr./Madam Justice ..........................................
The Honourable Mr./Madam Justice ..........................................
[Justices' names must be set out in the same order as in the reasons for judgment]
Vancouver [or other location of hearing], British Columbia, ..................................[date of oral judgment]
THE APPEAL from the judgment/determination of ............................................................................[state name of judge and court/tribunal appealed from] at ...........................................[state location of court/tribunal] dated ...........................................[insert date of judgment/determination appealed from] coming on for hearing on ............................................................[insert date(s) of the hearing in the Court of Appeal], AND ON HEARING ................................................................[insert name of counsel for the appellant or state "the appellant appearing in person"] and ...........................................................[insert name of counsel for the respondent or state "the respondent appearing in person"]; AND ON READING the materials filed herein;
THIS COURT ORDERS that (the appeal is dismissed/allowed etc.)
AND THIS COURT FURTHER ORDERS that.....................................................................................................................................................................
AND THIS COURT FURTHER ORDERS that the ..................................[insert name of successful party on the appeal] do recover the costs of the appeal from ..................................[insert name of unsuccessful party] promptly after assessment.
| APPROVED AS TO FORM: | BY THE COURT |
| .............................................................................. Counsel for the Appellant |
.............................................................................. Deputy Registrar |
| .............................................................................. Counsel for the Respondent |
Form 25 (Rule 47 (3) (c) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
ORDER OF A JUSTICE
BEFORE THE HONOURABLE MR./MADAM JUSTICE ........................................................................................[insert name of chambers justice]
IN CHAMBERS ON ..........................................................[insert date of chambers hearing]
THE APPLICATION OF ..........................................[appellant/respondent] for ..................................[insert type of application] coming on for hearing this day at .........................................., British Columbia; AND ON HEARING .....................................................................................[insert name of counsel for the appellant or state "the appellant in person"] and ........................................................................[insert name of counsel for the respondent or state "the respondent in person"]; AND ON READING the materials filed herein;
IT IS ORDERED that ............................................................................................................................................................................................................
IT IS FURTHER ORDERED that.........................................................................................................................................................................................
APPROVED AS TO FORM:
..............................................................................
Counsel for the Appellant
..............................................................................
Counsel for the Respondent
Form 25.1 (Rule 47 (3) (d) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
ORDER
BEFORE:
The Honourable Mr./Madam Justice ..........................................
The Honourable Mr./Madam Justice ..........................................
The Honourable Mr./Madam Justice ..........................................
[Justices' names must be set out in the same order as in the reasons for judgment]
Vancouver [or other location of hearing], British Columbia, ..................................[date of oral judgment]
The application of the.......................................................................................................................[appellant(s)/respondent(s)] to vary the order of Mr./Madam Justice...........................................dated the...............................day of................................................,20............................coming on for hearing on.......................[insert date(s) of the hearing in the Court of Appeal],
AND ON HEARING....................................................................................................................[insert name of counsel for the appellant/respondent or state "the appellant/respondent appearing in person"] and.........................................................................[insert name of counsel for the appellant/respondent or state "the appellant/respondent appearing in person"]
AND ON READING the materials filed herein:
THIS COURT ORDERS that the application to vary the order of Mr./Madam Justice..............................................................................................................is ..........................................[insert either dismissed or allowed]
THIS COURT FURTHER ORDERS that.....................................................................................................................................................................................................................................................
| APPROVED AS TO FORM: | BY THE COURT |
| .............................................................................. Counsel for the Appellant |
.............................................................................. Deputy Registrar |
| .............................................................................. Counsel for the Respondent |
Form 26 (Rule 48 (2) (a) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
CONSENT ORDER
[Insert date of the order]
WHEREAS:
(a) all parties have consented to this order,
(b) no person involved is under any legal disability, and
(c) all parties have agreed to comply hereafter with the time limits set forth in the Court of Appeal Act and Court of Appeal Rules,
IT IS ORDERED that the time set for ...................................................., the [appellant/respondent], to file and serve the appeal record/ the transcript/ its factum/ the appeal book/ its book of authorities is extended until ........................................[insert the date of the extension]
| APPROVED AS TO FORM: | FOR THE COURT |
| .............................................................................. Counsel for the Appellant |
.............................................................................. Deputy Registrar |
| .............................................................................. Counsel for the Respondent |
Form 27 (Rule 48 (2) (b) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
CONSENT ORDER TO REMOVE PROCEEDING FROM INACTIVE LIST
[Insert date of the order]
WHEREAS:
(a) all parties have consented to this order,
(b) no person involved is under any legal disability, and
(c) all parties have agreed to comply hereafter with the time limits set forth in the Court of Appeal Act and Court of Appeal Rules,
IT IS ORDERED that this appeal/application for leave to appeal be removed from the inactive list and that the time limit for taking the next step required by the Court of Appeal Act or Court of Appeal Rules must commence to run as of the date of this order.
IT IS FURTHER ORDERED that the certificate of readiness be filed within 180 days of the date of this order, failing which the appeal/application must be returned to the inactive list.
| APPROVED AS TO FORM: | |
| .............................................................................. Counsel for the Appellant |
.............................................................................. A Justice of the Court of Appeal |
| .............................................................................. Counsel for the Respondent |
Note: This form of order may not be used to reinstate appeals that have been dismissed as abandoned under section 25 (6) of the Act.
Note: This form of order may only be used if there is no prior order for reinstatement.
Form 28 (Rule 48 (2) (c) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
BEFORE THE HONOURABLE
| [registrar will insert name of justice] |
[registrar will insert date of order] |
IN CHAMBERS
ON application of ................................................................................................................. [appellant/respondent] herein; AND BY CONSENT;
IT IS ORDERED that .........................................................................................................................................................................................................
IT IS FURTHER ORDERED that......................................................................................................................................................................................
APPROVED AS TO FORM:
..............................................................................
Counsel for the Appellant
..............................................................................
Counsel for the Respondent
Form 29 (Rules 49 (2) (b) and 68 (1) (c) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
APPOINTMENT
I appoint:
Time: ............................................................
Date: ............................................................
| Place: | [ ] | Court of Appeal, Suite 400, 800 Hornby Street, Vancouver, BC |
| OR | ||
| [ ] | by telephone conference | |
| as the time and place [check one or more]: | ||
| [ ] | for the assessment of the bill of costs of ............................................................ [party] | |
| [ ] | to settle contents of transcript | |
| [ ] | to settle order of [list all justices making the order as Mr. Justice or Madam Justice] made.................................[date] | |
Attached to this Appointment is the bill of costs or proposed order that is the subject of the Appointment.
| .................................................................. Date |
.................................................................. Registrar |
Full name, address and telephone number of party or party's solicitor
Name:
.................................................................................................................................................................................................................
Address: ............................................................................................................................................................................................................
.............................................................................................................................................................................................................................
Telephone: ...........................................................
[Indicate whether the application will be of a time consuming or contentious nature, and estimate the amount of time required.]
Form 30 (Rule 68 (1) (b) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
| BILL OF COSTS OF ....................................................... | |
| Tariff Scale ..................................................... | Unit Value $........................................... |
| Item | Description | Number of Units | |
| Claimed: | Allowed: | ||
| Total Number of Units | ...................... | ...................... | |
| Multiply by unit value | $ ...................... | $ ...................... | |
| Subtotal | ...................... | ...................... | |
| Tax | ...................... | ...................... | |
| Tax | ...................... | ...................... | |
| Total | $ ...................... | $ ...................... | |
| Disbursements | Description | ||
| Claimed: | Allowed: | ||
| Subtotal | ...................... | ...................... | |
| Tax | ...................... | ...................... | |
| Tax | ...................... | ...................... | |
| Total | $ ...................... | $ ...................... | |
| TOTAL ALLOWED: | $ ...................... |
Date of Assessment: .........................................................
Registrar:..........................................................................
Form 31 (Rule 69 (1) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
CERTIFICATE OF COSTS
I CERTIFY that on ....................[date], the costs of the ................................................................................. [description and name of party] have been allowed against the .................................................................................................... [description and name of party] at $...............................
| .................................................................. Date |
.................................................................. Registrar |
Form 32 (Appendix B, section 7 (1) )
Court of Appeal File No. ....................
COURT OF APPEAL
BETWEEN:
Appellant/Respondent
(Plaintiff)
AND:
Appellant/Respondent
(Defendant)
OFFER TO SETTLE
To: [party]
The ...................................................................................................[name the party] offers to settle costs in accordance with section 7 of Appendix B of the Court of Appeal Rules.
| .................................................................. Dated |
.................................................................. Party/Party's Solicitor |
Form 33 (Rule 54.1 (6) )
Court of Appeal File No. ....................
COURT OF APPEAL
| Between: | Appellant/Respondent (Plaintiff) |
| And: | Appellant/Respondent (Defendant) |
ELECTRONIC FILING STATEMENT
I, ...............................................................[name].........., am the counsel acting for .............................................................[name].........., the ..................................................................................[indicate party status]............
OR
I, .........[name].................................................................., am the ...........................[indicate party status]........................................................................ and I am not represented by a counsel.
I advise as follows:
1. That a ..........[type of document].......... is being submitted for filing electronically on behalf of the ..........[indicate party status]........ . A copy of the document being submitted for filing electronically is attached.
2. That the original paper version of the document being submitted for filing electronically appears to bear an original signature of the person identified as the signatory and I have no reason to believe that the signature placed on the document is not the signature of the identified signatory.
3. That the version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and I have no reason to believe that it is not a true copy of the original paper version.
Dated at ................................................................................, B. C., ....., 20........ .
.............................................................................................................................
Counsel/Party
The following forms have been amended or added since March 1, 2002:
| Form 3 | [am. B.C. Reg. 77/2003, s. 4.] |
| Form 4 | [am. B.C. Reg. 77/2003, s. 5.] |
| Form 7 | [am. B.C. Regs. 62/2002, s. 6; 77/2003, s. 6.] |
| Form 8 | [am. B.C. Reg. 77/2003, s.7.] |
| Form 9 | [am. B.C. Reg. 39/2004, s. 1.] |
| Form 12 | [am. B.C. Reg. 62/2002, s. 7.] |
| Form 13 | [am. B.C. Reg. 62/2002, s. 8.] |
| Form 14 | [am. B.C. Regs. 77/2003, s. 8; 39/2004, s. 2.] |
| Form 19 | [en. B.C. Reg. 77/2003, s. 9.] |
| Form 21 | [am. B.C. Reg. 62/2002, s. 9.] |
| Form 22 | [am. B.C. Reg. 77/2003, s. 10.] |
| Form 23 | [am. B.C. Reg. 77/2003, s. 11.] |
| Form 24 | [am. B.C. Reg. 77/2003, s. 12.] |
| Form 25.1 | [en. B.C. Reg. 77/2003, s. 13.] |
| Form 26 | [am. B.C. Reg. 62/2002, s. 10.] |
| Form 27 | [am. B.C. Reg. 62/2002, s. 11.] |
| Form 33 | [en. B.C. Reg. 135/2005, s. 4.] |
Appendix B — Party and Party Costs
1 Unless a special tariff is provided for in an enactment, this Appendix applies to the assessment of costs that are payable as between party and party in all appeals, applications for leave to appeal and all other proceedings in the Court of Appeal commenced after September 5, 1995.
2 (1) If a party is entitled to costs, the costs must be assessed under Scale 1 unless the court or a justice otherwise orders.
(2) In fixing the scale of costs, the court or a justice must have regard to the following principles:
(a) Scale 1 is for matters of ordinary difficulty;
(b) Scale 2 is for matters of more than ordinary difficulty or importance;
(c) Scale 3 is for matters of unusual difficulty or importance.
(3) In fixing the appropriate scale under which costs will be assessed, the court or a justice may take into account the following:
(a) whether a difficult issue of law, fact or construction is involved;
(b) whether an issue is of importance to a class or body of persons, or is of general interest;
(c) whether the result of the proceeding effectively determines the rights and obligations as between the parties beyond the relief that was actually granted or denied.
3 (1) The value for each unit allowed on an assessment is as follows:
(a) Scale 1 - $60 for each unit;
(b) Scale 2 - $80 for each unit;
(c) Scale 3 - $100 for each unit.
(2) If maximum and minimum numbers of units are provided for in an Item in the Tariff of Costs, the registrar has the discretion to allow a number within that range of units.
(3) If the Tariff of Costs indicates a range of units in relation to costs to be assessed, the registrar must have regard to the following principles:
(a) the fewest number of units is for matters on which little time should ordinarily have been spent;
(b) the maximum number of units is for matters on which a great deal of time should ordinarily have been spent.
4 (1) The court or a justice may order, under section 2 (1), that
(a) costs be awarded in an amount fixed by the court or justice, or
(b) no costs be awarded against a party.
(2) Without limiting subsection (1), the court or a justice may,
(a) with the consent of the parties, fix a lump sum as the costs of the whole proceeding, either inclusive or exclusive of disbursements and expenses, and
(b) on application by a party, or by consent, fix a lump sum as the costs of an application within the proceeding, either inclusive or exclusive of disbursements and expenses.
(3) Without limiting subsection (1), if anything is done or omitted improperly or unnecessarily by or on behalf of a party, the court or a justice may order
(a) that any costs arising from the act or omission not be allowed to the party, or
(b) that the party pay the costs incurred by any other party by reason of the act or omission.
5 If 2 or more appeals have, by order, been heard at the same time or heard one after the other and no order has been made to apportion costs, the registrar may
(a) assess 2 or more bills as one bill,
(b) allow an item once or more than once, or
(c) apportion the costs of an item or of the whole bill between the appeals.
6 If, in the Tariff of Costs, units may be allowed for preparation of a record or for preparation for an application, conference or hearing, the registrar may allow units, up to the maximum number allowable, for that preparation even though the record is not ultimately required or the application, conference or hearing does not take place or is adjourned.
7 (1) A party to an assessment may deliver to another party an offer to settle the amount of the bill of costs in Form 32 and, after the assessment has been completed, may produce the offer to the registrar.
(2) If an offer is produced to the registrar under subsection (1), the registrar must determine whether the offer should have been accepted and, if so, may do one or more of the following as appropriate:
(a) disallow, to the party presenting the bill, items of the tariff that relate to the assessment;
(b) allow the party making the offer, by way of set off, items of the tariff that relate to the assessment;
(c) allow to the party presenting the bill and making the offer double the value of items of the tariff that relate to the assessment.
| Item | Description | Units |
| 1 | Advising appellant or respondent on appeal, application for leave to appeal or cross-appeal. | Minimum 5 Maximum 20 |
| 2 | Preparation and settlement of appeal book and transcript. | 5 |
| 3 | Preparation of motion book including written argument. | 5 |
| 4 | Preparation of factum. | Minimum 10 Maximum 50 |
| 5 | Preparation of written argument if specifically ordered by the court or a justice or directed by the registrar. | 5 |
| 6 | Preparation for a pre-hearing conference and for each application, including leave to appeal applications, and each review under section 9 (6) of the Act. | 5 |
| 7 | Attendance at a pre-hearing conference and for each application, including leave to appeal applications, and each review under section 9 (6) of the Act. | 5 |
| 8 | Preparation for cross-examination on affidavits under Rule 37, per 1/2 day for the party conducting the cross-examination for the party being examined. |
2 1 |
| 9 | Attendance at cross-examination on affidavits under Rule 37, per 1/2 day for the party conducting the cross-examination for the party being examined. |
4 2 |
| 10 | Preparation for hearing of appeal, per 1/2 day. | Minimum 10 |
| 11 | Attendance at hearing of appeal, per 1/2 day. | 10 |
| 12 | Preparation and settlement of judgment. | 2 |
| 13 | Preparation and assessment of bill of costs. | Minimum 1 Maximum 3 |
Note: this regulation replaces B.C. Reg. 303/82
[Provisions of the Court Rules Act, R.S.B.C. 1996, c. 80, relevant to the enactment of this regulation: section 1]
Copyright (c) 2005: Queen's Printer, Victoria, British Columbia, Canada