Rule 1-2 (4) BEFORE amended by B.C. Reg 119/2010 effective July 1, 2010.

Petitions and applications

(4)  If an enactment authorizes an application to the court or to a judge, the application must be

(a) by petition under Rule 16-1 or requisition under Rule 17-1, or

(b) if the application is for an order other than a final order, by application under Part 8,

whether or not the enactment provides for the mode of application.

 Rule 2-1 (3) (c.1) was added by B.C. Reg 119/2010 effective July 1, 2010.

 Rule 2-1 (3) (k) BEFORE amended by B.C. Reg 119/2010 effective July 1, 2010.

(k) Rule 21-7 applies to a proceeding for foreclosure of the equitable right to redeem mortgaged property or for redemption.

 Rule 3-4 (7.1) was added by B.C. Reg 119/2010 effective July 1, 2010.

 Rule 3-5 (1.1), (16) and (17) were added by B.C. Reg 119/2010 effective July 1, 2010.

 Rule 3-5 (11) BEFORE amended by B.C. Reg 119/2010 effective July 1, 2010.

Application of rules

(11)  Except to the extent that this rule otherwise provides, Rules 3-1, 3-3 and 3-8 apply to a third party notice as if it were a notice of civil claim and to a response to third party notice as if it were a response to civil claim.

 Rule 3-8 (1) (b) BEFORE amended by B.C. Reg. 119/2010 effective July 1, 2010.

(b) the time for filing and serving the response to civil claim has expired.

 Rule 4-4 (1) and (2) BEFORE amended by B.C. Reg. 119/2010 effective July 1, 2010.

Alternative service methods

(1)  If it is impracticable to serve a document by personal service or if the person to be served by personal service

(a) cannot be found after a diligent search, or

(b) is evading service of the documents,

the court may make an order, on application without notice, granting permission to use an alternative method of service.

If an alternative service method is permitted

(2)  If a document is to be served by an alternative method permitted under subrule (1), a copy of the entered order permitting that alternative method must be served with the document unless

(a) the court otherwise orders, or

(b) the alternative method of service permitted under subrule (1) is service by advertisement.

 Rule 4-5 (1), (3) and (5) BEFORE amended by B.C. Reg. 119/2010 effective July 1, 2010.

Service outside British Columbia without leave

(1)  An originating pleading or other document may be served on a person outside British Columbia without leave in any of the circumstances enumerated in section 10 of the Court Jurisdiction and Proceedings Transfer Act.

Application for leave to serve outside the jurisdiction

(3)  In any case not provided for in subrule (1), leave of the court must be obtained before an originating pleading or other document may be served outside British Columbia, and the court may grant such leave on an application referred to in subrule (4).

Service of order and related documents

(5)  If an order is made granting leave to serve an originating pleading or other document outside British Columbia, the following documents must be served with that originating pleading or other document:

(a) a copy of the filed notice of application or requisition for leave to serve;

(b) a copy of all filed affidavits in support of the application;

(c) a copy of the entered order granting leave to serve.

 Rule 5-3 (1) (s.1) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 6-1 (1) and (7) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

1Subject to Rules 6-2 (10) and 7-7 (5), a party may amend the whole or any part of a pleading filed by the party

Responding to amended pleading

(7)  If an originating pleading is amended under this rule and served under subrule (4) (b) on a person who is not yet a party of record, the person has the same period of time for filing a responding pleading to that amended originating pleading as the party had to file a responding pleading to the original version of the originating pleading.

 Rule 6-2 (1), (2), (3), (4) and (7) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Party ceasing to exist

(1)  If a party dies or becomes bankrupt, or a corporate party is wound up or otherwise ceases to exist, but the claim survives, the action may continue in spite of the death or bankruptcy or the corporate party having been wound up or ceasing to exist.

Effect of death

(2)  Whether or not the claim survives, an action may continue in spite of either party dying between the verdict or finding on the issues of fact and the entry of judgment, but judgment may be entered despite the death.

Assignment or conveyance of interest

(3)  If, by assignment, conveyance or death, an estate, interest or title devolves or is transferred, an action relating to that estate, interest or title may be continued by or against the person on whom that estate, interest or title has devolved or to whom that estate, interest or title has been transferred.

Change or transmission of interest or liability

(4)  If, after the start of an action,

(a) a change or transmission of interest or liability of a party takes place or a person interested comes into existence, and

(b) it becomes necessary or desirable that

(i)  a person not already a party should be made a party, or

(ii)  a person already a party should be made a party in another capacity,

the court may order that the action be continued between the continuing parties and the new party.

Adding, removing or substituting parties by order

(7)  At any stage of an action, the court, on application by any person, may, subject to subrules (9) and (10),

(a) order that a person cease to be party if that person is not, or has ceased to be, a proper or necessary party,

(b) order that a person be added or substituted as a party if

(i)  that person ought to have been joined as a party, or

(ii)  that person's participation in the action is necessary to ensure that all matters in the action may be effectually adjudicated on, and

(c) order that a person be added as a party if there may exist, between the person and any party to the action, a question or issue relating to or connected with

(i)  any relief claimed in the action, or

(ii)  the subject matter of the action

that, in the opinion of the court, it would be just and convenient to determine as between the person and that party.

 Rule 7-1 (9), (10), (11), (12), (14), (15) and (16) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Supplementary list of documents

(9)  If, after a list of documents has been served under this rule,

(a) it comes to the attention of the party serving it that the list is inaccurate or incomplete, or

(b) there comes into the party's possession or control a document that could be used by any party of record at trial to prove or disprove a material fact or any other document to which the party intends to refer at trial,

the party must promptly serve on the other parties of record a supplementary list of documents specifying the inaccuracy or document.

Party may demand documents required under this rule

(10)  If a party who has received a list of documents believes that the list omits documents or a class of documents that should have been disclosed under subrule (1) (a) or (9), the party may, by written demand, require the party who prepared the list to

(a) prepare a supplementary list of documents,

(b) serve on the demanding party the supplementary list of documents, and

(c) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (15) and (16).

Party may demand additional documents

(11)  If a party who has received a list of documents believes that the list should include documents or classes of documents that relate to any or all matters in question in the action but that are additional to the documents or classes of documents required under subrule (1) (a) or (9), the party, by written demand that identifies the additional documents or classes of documents with reasonable specificity and that indicates the reason why such additional documents or classes of documents should be disclosed, may require the party who prepared the list to

(a) prepare a supplementary list of documents,

(b) serve on the demanding party the supplementary list of documents, and

(c) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (15) and (16).

Response to demand for documents

(12)  A party who receives a demand under subrule (10) or (11) must, within 35 days after receipt, do one of the following:

(a) comply with the demand in relation to the demanded documents;

(b) comply with the demand in relation to those of the demanded documents that the party is prepared to list and indicate, in relation to the balance of the demanded documents,

(i)  why a supplementary list of documents that includes those documents is not being prepared and served, and

(ii)  why those documents are not being made available;

(c) indicate, in relation to the demanded documents,

(i)  why a supplementary list of documents that includes those documents is not being prepared and served, and

(ii)  why those documents are not being made available.

Court may alter requirements

(14)  On an application under subrule (13) or otherwise, the court may

(a) order that a party be excused from compliance with subrule (1), (3), (6), (15) or (16) or with a demand under subrule (10) or (11), either generally or in respect of one or more documents or classes of documents, or

(b) order a party to

(i)  prepare a supplementary list of documents to list additional documents that are or have been in the party's possession or control relating to any or all matters in question in the action,

(ii)  serve the supplementary list of documents on all parties of record, and

(iii)  make the originals of the newly listed documents available for inspection and copying in accordance with subrules (15) and (16).

Inspection of documents

(15)  A party who has served a list of documents on any other party must allow the other party to inspect and copy, during normal business hours and at the location specified in the list of documents, the listed documents that are in the listing party's possession or control, except those documents that the listing party objects to producing.

Copies of documents

(16)  If a party is entitled to inspect documents in the possession or control of another party, the party having possession or control of the documents must, on the request of the party entitled to inspection and on receiving payment in advance of the cost of reproduction and service, serve on the requesting party copies of the documents, if reproducible, for which a request has been made.

 Rule 7-2 (8) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Examination of guardian and infants

(8)  If a party to be examined for discovery is an infant, the infant, his or her guardian and his or her litigation guardian may be examined for discovery.

 Rule 7-4 (3) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Continuing obligation to provide summary

(3)  If a party who has provided a witness list or an amended witness list later learns that the list is inaccurate or incomplete, the party must promptly amend the witness list to make it accurate and complete and serve a copy of the amended witness list on all parties of record.

 Rule 8-1 (6), (13), (15), (18), (19) (20) and (22) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Date and time if hearing time more than 2 hours

(6)  If the application is estimated to take more than 2 hours, the date and time of hearing must be fixed by a registrar.

Applicant may respond

(13)  An applicant who wishes to respond to any document served under subrule (12) must file and serve on each application respondent any responding affidavits no later than noon on the day before the date set for the hearing.

Application record

(15)  Subject to subrule (18), if an application will be opposed, the applicant must provide to the registry, no later than noon on the day before the date set for the hearing, an application record as follows:

(a) unless the application record is provided to the registry electronically, the application record must be in a ring binder or in some other form of secure binding;

(b) the application record must contain, in consecutively numbered pages, or separated by tabs, the following documents in the following order:

(i)  a title page bearing the style of proceeding and the names of the lawyers, if any, for the applicant and the application respondents;

(ii)  an index;

(iii)  a copy of the filed notice of application;

(iv)  a copy of each filed application response;

(v)  a copy of every filed affidavit and pleading, and of every other document other than a written argument, that is to be relied on at the hearing;

(vi)  if the application is brought under Rule 9-7, a copy of each filed pleading;

(c) the application record may contain

(i)  a draft of the proposed order,

(ii)  subject to subrule (16), a written argument,

(iii)  a list of authorities and

(iv)  a draft bill of costs;

(d) the application record must not contain

(i)  affidavits of service,

(ii)  copies of authorities, including case law, legislation, legal articles or excerpts from text books, or

(iii)  any other documents unless they are included with the consent of all the parties of record.

If application respondent's application is to be heard at the hearing

(18)  If an application respondent intends to set an application for hearing at the same time as the applicant's application, those parties must, so far as is possible, prepare and provide to the registry where the hearing is to take place a joint application record and agree to a date for the hearing of both applications.

Application record to be returned

(19)  Unless the court otherwise orders, the applicant must, unless the application record was provided to the registry electronically, retrieve the application record

(a) at the conclusion of the hearing, or

(b) if the hearing of the application is adjourned to a date later than the following court day, after the hearing is adjourned.

Application record to be returned to the registry

(20)  If the application record has been retrieved by the applicant under subrule (19) (b), the applicant must return the application record to the registry between 9:00 a.m. on the second court day before, and noon on the court day before, the new date set for the hearing of the application.

Application respondent may apply for directions

(22)  If the applicant does not set an application for hearing within a reasonable time after an application respondent has requested the applicant to do so, an application respondent may apply, by requisition in Form 17 on 2 days' notice, for directions.

 Rule 8-1 (21.1) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 8-1 (1), (4), (8) (a), (b), (9), (10) (b) (ii), (13), (14), (15), (17), (19) (b), (20) (21.1) and (22) BEFORE amended by Bc Reg 241/2010 effective July 30, 2010.

Definition

(1)  In this rule, "application respondent" means a person who files an application response under subrule (9),

Contents of notice of application

(4)  A notice of application must be in Form 32, must not exceed 10 pages in length and must

(a) set out the orders sought,

(b) briefly summarize the factual basis for the application,

(c) set out the rule, enactment or other jurisdictional authority relied on for the orders sought and any other legal arguments on which the orders sought should be granted,

(d) list the affidavits and other documents on which the applicant intends to rely at the hearing of the application,

(e) set out the applicant's estimate of the time the application will take for hearing,

(f) subject to subrules (5) and (6), set out the date and time of the hearing of the application,

(g) set out the place for the hearing of the application in accordance with Rule 8-2, and

(h) provide the data collection information required in the appendix to the form.

(a) subject to paragraph (b) of this subrule, at least 7 days before the date set for the hearing of the application, or

(b) in the case of an application under Rule 9-7, at least 14 days before the date set for the hearing of the application.

Application response

(9)  A person who is served with documents referred to in subrule (7) of this rule and who wishes to respond to the notice of application (in this subrule called the "responding person") must file the following within 5 days after service or, in the case of an application under Rule 9-7, within 11 days after service

(a) an application response;

(b) the original of every affidavit, and of every other document, that

(i)  is to be referred to by the responding person at the hearing, and

(ii)  has not already been filed in the proceeding.

(ii)  list the affidavits and other documents on which the application respondent intends to rely at the hearing of the application, and

Applicant may respond

(13)  An applicant who wishes to respond to any document served under subrule (12) must file and serve on each application respondent any responding affidavits no later than 4 p.m. on the day that is one full day before the date set for the hearing.

[am. B.C. Reg. 119/2010, Sch. A, s. 17(b).]

No additional affidavits

(14)  Unless all parties of record consent or the court otherwise orders, a party must not serve any affidavits additional to those served under subrules (7), (12) and (13).

(15)  Subject to subrule (18), the applicant must provide to the registry where the hearing is to take place, no later than 4 p.m. on the day that is one full day before the date set for the hearing, an application record as follows:

Service of application record index

(17)  The applicant must serve a copy of the application record index on each application respondent no later than noon of the court day before the date set for the hearing.

(b) the amount of money available under the policy, and any communication from an insurer denying or limiting liability under the policy.

Information not to be disclosed

(20)  Despite subrule (19), information concerning the insurance policy must not be disclosed to the court at trial unless it is relevant to an issue in the action.

(b) serve a copy of the filed requisition on the application respondents at least 2 days before the date set for the hearing.

Application respondent may apply for directions

(22)  If, after an application has been adjourned generally, the applicant does not reset the application for hearing within a reasonable time after an application respondent has requested the applicant to do so, an application respondent may apply, by requisition in Form 17 on 2 days' notice, for directions.

[am. B.C. Reg. 119/2010, Sch. A, s. 17 (h).]

 Rule 8-1 (12) BEFORE repealed by BC Reg 241/2010 effective July 30, 2010.

Service of application response materials

(12)  An application respondent must serve on the applicant 2 copies of the following, and on every party of record one copy of the following, at least 2 days before the date set for the hearing of the application:

(a) a copy of the filed application response;

(b) a copy of each of the filed affidavits and documents, referred to in the application response under subrule (10) (b) (ii), that has not already been served on that person;

(c) if the application is brought under Rule 9-7, any notice that the application respondent is required to give under Rule 9-7 (9).

 Rule 8-2 (7) and (8) BEFORE repealed by BC Reg 119/2010 effective July 1, 2010.

Transfer of file

(7)  If a procedure authorized by subrule (2) or (4) is followed,

(a) the registry out of which the proceeding is being conducted must, if practicable, transfer the file to the registry where the hearing is to take place, and

(b) after the disposition of the application, the registry where the hearing took place must return the file to the registry out of which the proceeding is being conducted.

Forwarding of materials if transfer of file impracticable

(8)  If it is not practicable to transfer the file in the manner contemplated by subrule (7) (a), the registry where the hearing took place must, after the disposition of the application, forward to the registry out of which the proceeding is being conducted

(a) all documents filed in relation to the application in the registry where the hearing took place, and

(b) any order made in that application.

 Rule 8-4 (1) (c) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(c) evidence in support of the application.

 Rule 8-4 (2) and (3) BEFORE repealed by BC Reg 119/2010 effective July 1, 2010.

Referral by registrar

(2)  On being satisfied that the materials appropriate for an application referred to in subrule (1) have been filed in accordance with subrule (1), a registrar may refer the application to a judge or, if the order sought is within the jurisdiction of a master, to a judge or master.

Disposition of referred applications

(3)  If an application is referred by a registrar to a judge or master under subrule (2), the judge or master may

(a) make the order, or

(b) give directions respecting the application.

 Rule 9-1 (5) (c) and (d) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(c) award to a party, in respect of all or some of the steps taken in the proceeding after the date of delivery of the offer to settle, costs to which the party would have been entitled had the offer not been made;

(d) if the offer was made by a defendant and the judgment awarded to the plaintiff was no greater than the amount of the offer to settle, award to the defendant the defendant's costs in respect of all or some of the steps taken in the proceeding after the date of delivery of the offer to settle.

 Rule 9-5 (1) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(1)  At any stage of a proceeding, the court may order to be struck out or amended the whole or any part of a pleading or other document on the ground that

 Rule 9-7 (7) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Application of Rules 11-6 and 11-7

(7)  Rules 11-6 (2) and 11-7 (1) apply to a summary trial application.

 Rule 9-7 (10) (b) BEFORE amended by BC Reg 241/2010 effective July 30, 2010.

(b) by a party who is not an applicant, in accordance with Rule 8-1 (12).

 Rule 11-6 (1) (d) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(d) the nature of the opinion being sought and each issue in the proceeding to which the opinion relates;

 Rule 11-6 (1) (e) BEFORE re-enacted by BC Reg 119/2010 effective July 1, 2010.

(e) the expert's opinion respecting each issue and, if there is a range of opinions given, a summary of the range and the reasons for the expert's own opinion within that range;

 Rule 12-1 (3) BEFORE re-enacted by BC Reg 119/2010 effective July 1, 2010.

Content of notice of trial

(3)  A notice of trial filed under subrule (2) must set out

(a) the date set out in a case plan order for the trial management conference required under Rule 12-2 or, if no date for a trial management conference is set out in a case plan order, the date obtained for the trial management conference from the registry, and

(b) the date set out in a case plan order for the trial or, if no trial date is set out in a case plan order, the trial date obtained from the registry.

 Rule 12-3 (1) (b) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(b) particulars delivered under a demand, together with the demand made,

 Rule 12-4 (3) (d) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 13-2 (35) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 13-3 (28) BEFORE repealed by BC Reg 119/2010 effective July 1, 2010.

Enforcement of certificate

(28)  If a certificate under Rule 14-1 (27) or 18-1 (2) has been filed, it may be enforced as if it were an order of the court.

 Rule 13-4 (5) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Examination of person other than judgment debtor

(5)  On being satisfied that any other person may have knowledge of the matters set out in subrule (1), the court may order that other person to be examined for discovery concerning the person's knowledge.

 Rule 15-1 (2) (a.1) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 16-1 (10), (11) (11)(a), (12), (14), (15), (17), (19) (b) and marginal note to (23) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(10)  If the hearing of the petition is estimated to take more than 2 hours, the date and time of hearing must be fixed by a registrar.

(11)  Subject to subrule (13), if a petition respondent opposes any of the relief sought in the petition, the petitioner must provide to the registry, no later than noon on the day before the date set for the hearing, a petition record as follows:

(a) unless the petition record is provided to the registry electronically, the petition record must be in a ring binder or in some other form of secure binding;

(12)  The petitioner must serve a copy of the petition record index on each petition respondent no later than noon of the court day before the date set for the hearing.

(14)  Unless the court otherwise orders, the applicant must, unless the petition record was provided to the registry electronically, retrieve the petition record

Petition record to be returned to registry

(15)  If the petition record has been retrieved by the petitioner under subrule (14) (b), the petitioner must return the petition record to the registry between 9:00 a.m. on the second court day before, and noon on the court day before, the new date set for the hearing of the petition.

(17)  If the petitioner does not set a petition for hearing within a reasonable time after a petition respondent has requested the petitioner to do so, a petition respondent may apply, by requisition in Form 17 on 2 days' notice, for directions.

(b) subject to Rules 6-2 (10) and 7-7 (5),

After renewal of petition

(23)  Unless the court otherwise orders, a copy of each entered order granting renewal of a petition must be served with the renewed petition, and the renewed petition remains in force and is available to prevent the operation of any statutory limitation and for all other purposes.

 Rule 16-1 (16.1) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 20-2 (16) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Litigation guardian must be appointed

(16)  If no response to civil claim, response to counterclaim or response to petition has been filed to a notice of civil claim, counterclaim or petition on behalf of a person under disability, the person who started the proceeding, before continuing the proceeding against the person under disability, must obtain an order from the court appointing a litigation guardian for the person under disability.

 Rule 20-5 (1) and (5) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Court may determine indigent status

(1)  If the court, on application made in accordance with subrule (3) before or after the start of a proceeding, finds that a person receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act or is otherwise indigent, the court may order that no fee is payable by the person to the government under Appendix C in relation to the proceeding unless the court considers that the claim or defence

(a) discloses no reasonable claim or defence, as the case may be,

(b) is scandalous, frivolous or vexatious, or

(c) is otherwise an abuse of the process of the court.

No fee payable

(5)  Despite anything in this rule, if the court makes an order in relation to a person under this rule, no fee is payable to the government by that person in relation to

(a) the proceeding,

(b) the part of the proceeding,

(c) the period of time, or

(d) the steps

to which the order applies.

 Rule 21-8 (1) and (3) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(1)  A party who has been served with a notice of civil claim, counterclaim, third party notice or petition in a proceeding, whether that service was effected in or outside British Columbia, may, after filing a jurisdictional response in Form 108,

(3)  If a party who has been served with a notice of civil claim, counterclaim, third party notice or petition in a proceeding, whether served in or outside British Columbia, alleges that the notice of civil claim, counterclaim, third party notice or petition is invalid or has expired or that the purported service of the notice of civil claim, counterclaim, third party notice or petition was invalid, the party may, after filing a jurisdictional response in Form 108, apply for one or both of the following:

 Rule 22-2 (13) (b) (i) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(i)  in respect of an application for an order that does not seek a final order, or

 Rule 23-2 (4) (c) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(c) any of the following documents, unless their submission by fax is authorized by the Trial Coordinator of the receiving registry:

 Rule 23-2 (4) (c) (iii) and (iv) BEFORE repealed by BC Reg 119/2010 effective July 1, 2010.

(iii)  an application for a trial date;

(iv)  a request for a trial date;

 Form 1 Appendix BEFORE repealed by BC Reg 119/2010 effective July 1, 2010.

Appendix

[The following information is provided for data collection purposes only and is of no legal effect.]

Part 1: CONCISE SUMMARY OF NATURE OF CLAIM:

Part 2: THIS CLAIM ARISES FROM THE FOLLOWING:

[Check one box below for the case type that best describes this case.]

[ ]  a motor vehicle accident

[ ]  personal injury, other than one arising from a motor vehicle accident

[ ]  a dispute about real property (real estate)

[ ]  a dispute about personal property

[ ]  the lending of money

[ ]  the provision of goods or services or other general commercial matters

[ ]  an employment relationship

[ ]  a dispute about a will or other issues concerning the probate of an estate

[ ]  a matter not listed here

Part 3:

[If an enactment is being relied on, specify. Do not list more than 3 enactments.]

 Form 17 heading BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Form 17 (Rules 4-6 (1), 5-1 (4), 5-2 (4), 5-4 (1), 8-1 (22), 8-5 (2), 9-4 (1),12-2 (6),
13-3 (25), 16-1 (17), 20-5 (3), 21-5 (4), 23-1 (9), 23-3 (10) and 23-5 (5) )

 Part of Form 21 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

APPROVED AS TO FORM

 Form 22 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Form 22 (Rule 7-1 (1) )

[Style of Proceeding]

LIST OF DOCUMENTS

Prepared by: ................[party]................ (the "listing party")

Part 1:  DOCUMENTS THAT ARE OR HAVE BEEN IN THE LISTING PARTY'S POSSESSION OR CONTROL AND THAT COULD BE USED BY ANY PARTY AT TRIAL TO PROVE OR DISPROVE A MATERIAL FACT

[Do not include documents listed under Part 3.]

No.	Date of document [dd/mmm/yyyy]	Description of document	Indicate by a check mark if the document is no longer in the listing party's possession or control	Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed
1.1			[ ]
1.2			[ ]

Part 2:  OTHER DOCUMENTS TO WHICH THE LISTING PARTY INTENDS TO REFER AT TRIAL

[Do not include documents listed under Part 1, 3 or 4.]

No.	Date of document [dd/mmm/yyyy]	Description of document	Indicate by a check mark if the document is no longer in the listing party's possession or control	Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed
2.1			[ ]
2.2			[ ]

Part 3:  DOCUMENTS THAT RELATE TO A MATTER IN QUESTIONS IN THE ACTION

[List here all documents that are listed in response to a demand under Rule 7-1 (11) of the Supreme Court Civil Rules, and all documents that are listed in response to a court order under Rule 7-1 (14) of the Supreme Court Civil Rules, that have not been listed under Part 1 or 2. Do not include documents listed under Part 1, 2 or 4.]

No.	Date of document [dd/mmm/yyyy]	Description of document	Indicate by a check mark if the document is no longer in the listing party's possession or control	Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed
3.1			[ ]
3.2			[ ]

Part 4: DOCUMENTS FOR WHICH PRIVILEGE FROM PRODUCTION IS CLAIMED

No.	Date of document [dd/mmm/yyyy]	Description of document	Grounds on which privilege is claimed	Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed
4.1
4.2

TAKE NOTICE that the documents listed in Part 1, 2 or 3 of this List of Documents that are not shown as no longer being in the listing party's possession or control may be inspected and copied, during normal business hours, at ................[specify location]................ 

 

Date: ................[dd/mmm/yyyy].................	.................................................................................
	Signature of [ ] listing party [ ] lawyer for listing party
...........................[type or print name]..........................

 Form 31 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Form 31 (Rules 7-8 (17), 8-3 (1), 8-4 (1) and 17-1 (2) )

[Style of Proceeding]

REQUISITION FOR CONSENT ORDER OR FOR ORDER WITHOUT NOTICE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party(ies)].........................

Required:		[ ] An order by consent
		[OR]
		[ ] An order without notice

1	The rule or other enactment relied on is ......................[set out rule or enactment relied on]...................... .
2	Attached to this requisition is a draft of the order required.

[Check whichever one of the following boxes is correct and complete any required information.]

3	[ ]  Each party affected has consented to the order.
	[ ]  The evidence in support of the application is ............................................ .

[Check whichever one of the following boxes is correct and complete any required information.]

4	[ ]  No party is under a legal disability.
	[ ]  .....................[name of party]..................... is under a legal disability, namely .....................[set out legal disability]..................... .

 

Date: ................[dd/mmm/yyyy].................	.................................................................................
	Signature of [ ] filing party [ ] lawyer for filing party(ies)
...........................[type or print name]..........................

 Form 32 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Form 32 (Rule 8-1 (4) )

[Style of Proceeding]

NOTICE OF APPLICATION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Name(s) of applicant(s): ..................................................................

To: ..................[name(s) of party(ies) or person(s) affected]..................

TAKE NOTICE that an application will be made by the applicant(s) to the presiding judge or master at the courthouse at ......................[address of registry in which the proceeding is being conducted]...................... on ........[dd/mmm/yyyy]........ at .........[time of day]........ for the order(s) set out in Part 1 below.

Part 1:  ORDER(S) SOUGHT

[Using numbered paragraphs, set out the order(s) that will be sought at the application and indicate against which party(ies) the order(s) is(are) sought.]

1

2

Part 2:  FACTUAL BASIS

[Using numbered paragraphs, set out a brief summary of the facts supporting the application.]

1

2

[If any party sues or is sued in a representative capacity, identify the party and describe the representative capacity.]

Part 3:  LEGAL BASIS

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal arguments on which the applicant(s) intend(s) to rely in support of the orders sought. If appropriate, include citation of applicable cases.]

1

2

Part 4:  MATERIAL TO BE RELIED ON

[Using numbered paragraphs, list the affidavits served with the notice of application and any other affidavits and other documents already in the court file on which the applicant(s) will rely. Each affidavit included on the list must be identified as follows: "Affidavit #........[sequential number, if any, recorded in the top right hand corner of the affidavit]........ of ......................[name]......................, made ........[dd/mmm/yyyy]........".]

1

2

The applicant(s) estimate(s) that the application will take ...........[time estimate]........... .

TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to receive notice of the time and date of the hearing or to respond to the application, you must

(a) file an application response in Form 33 within 5 days after the date of service of this notice of application or, if the application is brought under Rule 9-7 of the Supreme Court Civil Rules, within 11 days after the date of service of this notice of application, and

(b) at least 2 days before the date set for the hearing of the application, serve on the applicant 2 copies, and on every other party one copy, of a filed copy of the application response and the other documents referred to in Rule 9-7 (12) of the Supreme Court Civil Rules.

 

Date: ................[dd/mmm/yyyy].................	.................................................................................
	Signature of [ ] applicant [ ] lawyer for applicant(s)
...........................[type or print name]..........................

To be completed by the court only:           Order made     [ ]   in the terms requested in paragraphs ...................... of Part 1 of this notice of application [ ]   with the following variations and additional terms:     ...............................................................................................................     ...............................................................................................................     ...............................................................................................................       Date: .......[dd/mmm/yyyy]........         .................................................... Signature of [ ] Judge [ ] Master

Appendix

[The following information is provided for data collection purposes only and is of no legal effect.]

THIS APPLICATION INVOLVES THE FOLLOWING:

[Check the box(es) below for the application type(s) included in this application.]

[ ]	document discovery
[ ]	oral examination for discovery
[ ]	amend pleadings
[ ]	add/change parties
[ ]	summary judgment
[ ]	summary trial
[ ]	service
[ ]	mediation
[ ]	adjournments
[ ]	proceedings at trial
[ ]	case plan orders
[ ]	experts

 Part of Form 32 BEFORE amended by BC Reg 241/2010 effective July 30, 2010.

TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to respond to the application, you must

(a) file an application response in Form 33 within 5 days after the date of service of this notice of application or, if the application is brought under Rule 9-7 of the Supreme Court Civil Rules, within 11 days after the date of service of this notice of application, and

(b) at least 2 days before the date set for the hearing of the application, serve on the applicant 2 copies, and on every other party one copy, of a filed copy of the application response and the other documents referred to in Rule 9-7 (12) of the Supreme Court Civil Rules.

 Part of Form 34 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Consented to:

 Part of Form 35 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

THIS COURT ORDERS that:

1

2

APPROVED AS TO FORM

 Form 40 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Form 40 (Rule 12-1 (2) )

[Style of Proceeding]

NOTICE OF TRIAL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party(ies)].........................

TAKE NOTICE that the trial and trial management conference of this proceeding have been set down at the following places, dates and times:

	Trial Management Conference	Trial
City
Address of Courthouse
Date [dd/mmm/yyyy]
Time

 

..................................................................................   Registrar

[Check whichever one of the following boxes is correct and complete any required information.]

The place of trial set out above is:

	[ ]  the place of trial set out in the notice of civil claim.
	[ ]  set out in the order of this Honourable Court dated ........[dd/mmm/yyyy]........ .

[Check whichever one of the following boxes is correct and complete the required information.]

[ ]	All parties of record in this action agree that not more than .................... is a reasonable time for the hearing of all evidence and argument in this action.
[ ]	There is a disagreement as to the estimate of a reasonable time for the hearing of all evidence and argument in this action. The estimates of the parties of record are as follows:

Name of party	Time Estimate

I undertake to pay all hearing fees payable under Appendix C, Schedule 1, Item 14.

 

Date: ................[dd/mmm/yyyy].................	.................................................................................
	Signature of [ ] filing party [ ] lawyer for filing party(ies)
...........................[type or print name]..........................

Appendix

[The following information is provided for data collection purposes only and is of no legal effect.]

Part 1: THIS CLAIM INVOLVES THE FOLLOWING:

[Check one box below for the case type that best describes this case.]

[ ]  a motor vehicle accident

[ ]  a personal injury, other than one arising from a motor vehicle accident

[ ]  a dispute about real property (real estate)

[ ]  a dispute about personal property

[ ]  the lending of money

[ ]  the provision of goods or services or other general commercial matters

[ ]  an employment relationship

[ ]  a dispute about a will or other issues concerning the probate of an estate

[ ]  a matter not listed here

Part 2:

[If an enactment is being relied on, specify. Do not list more than 3 enactments.]

 Form 42 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Form 42 (Rule 12-4 (1) )

[Style of Proceeding]

TRIAL CERTIFICATE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party].........................

I, ....................[name]...................., ........[the plaintiff/lawyer for the plaintiff/defendant/lawyer for the defendant]........, CERTIFY THAT:

1	I will be ready to proceed on the scheduled trial date, ........[date trial is scheduled to begin – dd/mmm/yyyy]........, at ..............[place of trial]................ .
2	My current estimate is that the trial will last ................ days.
3	I have completed all examinations for discovery.
4	If the action is settled before trial, I will give the registrar prompt notice of the settlement.
5	I will give the registrar prompt notice of any proposed adjournment of the trial.

 

Date: ................[dd/mmm/yyyy].................	.................................................................................
	Signature of [ ] filing party [ ] lawyer for filing party
...........................[type or print name]..........................

 Form 48 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Form 48 (Rule 13-1 (3) )

[Style of Proceeding]

ORDER AFTER TRIAL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

BEFORE    THE HONOURABLE JUSTICE        .....[dd/mmm/yyyy].....

THIS ACTION coming on for trial at ............................, on ........[dd/mmm/yyyy]........, and on hearing ......................[name of party/lawyer]...................... and ......................[name of party/lawyer]......................, [add the following if applicable: AND JUDGMENT being reserved to this date]:

THIS COURT ORDERS that:

1

2

3

 

	By the Court.
	..................................................................................
	Registrar

 Form 62 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Form 62 (Rule 14-1 (20) )

[Style of Proceeding]

BILL OF COSTS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

This is the bill of costs of: ........................[name(s)]........................

Tariff scale ................        Unit value $................

TARIFF ITEMS
Item #	Description	# of Units Claimed	# of Units Allowed
.........	........................................	.....................	.....................
.........	........................................	.....................	.....................
.........	........................................	.....................	.....................
	Total number of units:	.....................	.....................
	Multiply by unit value:	.....................	.....................
	Subtotal:	$................	$................
	PST:	$................	$................
	GST:	$................	$................
	Total:	$................	$................	$................
DISBURSEMENTS
	Description	Claimed	Allowed
	........................................	$................	$................
	........................................	$................	$................
	........................................	$................	$................
	........................................	$................	$................
	PST:	$................	$................
	GST:	$................	$................
	Total:	$................	$................	$................
TOTAL ALLOWED			$................	$................
Date: ............[dd/mmm/yyyy].............		.....................................................................................    Signature of assessing officer

 Form 63 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Form 63 (Rule 14-1 (20) )

[Style of Proceeding]

DEFAULT JUDGMENT BILL OF COSTS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

This is the default judgment bill of costs of: ........................[name(s)]........................

Amount involved $................

COSTS
Description		Claimed	Allowed
To enter judgment under Rule 3-8		$................	$................
Additional costs, if any, ordered under section 6 (5) of Appendix B		$................	$................
	Total:	$................	$................	$................
DISBURSEMENTS
Description		Claimed	Allowed
................................		$................	$................
................................		$................	$................
................................		$................	$................
................................		$................	$................
	PST:	$................	$................
	GST:	$................	$................
	Total:	$................	$................	$................
TOTAL ALLOWED				$................
Date: ............[dd/mmm/yyyy].............		.....................................................................................    Signature of assessing officer

 Form 73 a line of text was added BEFORE If you intend to oppose the appeal, you or your lawyer must. by BC Reg 119/2010 effective July 1, 2010.

 Form 74 a line of text was added before If you intend to oppose the appeal, you or your lawyer must. by BC Reg 119/2010 effective July 1, 2010.

 Part of Form 74 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

ATTACHED is the standard set of directions, in the form directed by the Chief Justice, governing the conduct of the appeal.

 Part of Form 79 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

THIS COURT ORDERS that no fee is payable by ..........[name of person]......... to the government under Appendix C in relation to this proceeding subject to the following: ...................................................................................................;

THIS COURT ORDERS that no fee is payable by ..........[name of person]......... to the government under Appendix C in relation to

 Part of Form 112 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

If you object to the lawyer withdrawing from this proceeding you may, within 7 days after service of this notice, file in the registry and deliver to the lawyer an objection in Form 113.

 Form 121 a line of text was added BEFORE the date by BC Reg 119/2010 effective July 1, 2010.

 Appendix B the tariff, items 12, 14 and 48 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

12	Process for delivering interrogatories	Minimum Maximum	1 10
14	Process for delivering notices to admit	Minimum Maximum	1 5
48	Travel by a lawyer to attend at any trial, hearing, application, examination, reference, inquiry, assessment, or other analogous proceeding if held more than 40 km from the place where the lawyer carries on business, for each day on which solicitor travels		2