| Contents |
| Part 1 — Interpretation |
| Rule 1-1 — Interpretation |
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(1) | Definitions |
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(2) | Interpretation Act and Supreme Court Act |
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(3) | Titles and headings |
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(4) | Reference aids |
| Rule 1-2 — Citation and Application |
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(1) | Citation |
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(2) | Rules apply to all family law cases |
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(3) | Waiver of rule by agreement |
| Rule 1-3 — Object of Rules |
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(1) | Object |
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(2) | Proportionality |
| Part 2 — Resolving Cases by Agreement |
| Rule 2-1 — Agreements |
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(1) | Written agreements |
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(2) | Filing agreements under the Family Law Act |
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(3) | Enforcing agreements |
| Rule 2-1.1 — Determinations of Parenting Coordinators |
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(1) | Determination may be filed |
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(2) | Agreement must be filed |
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(3) | Filing determinations under the Family Law Act |
| Rule 2-2 — Joint Family Law Case |
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(1) | Joint family law case |
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(2) | Notice of family claim in joint family law case |
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(3) | Withdrawal from joint family law case |
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(4) | Claiming additional relief |
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(5) | Application of rules |
| Part 3 — How to Start and Defend a Family Law Case |
| Rule 3-1 — Choosing the Correct Form of Proceeding |
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(1) | Commencing family law cases by notice of family claim |
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(2) | Repealed |
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(2.1) | Joint family law case |
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(2.2) | When petition must be used |
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(2.3) | Order for declaration of parentage |
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(2.4) | When petitions or applications must be used |
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(3) | Petitions |
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(4) | Applications and petitions |
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(4.1) | Filing agreements under the Family Law Act |
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(4.2) | Style of proceedings if filing of agreement starts family law case |
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(4.3) | Filing determinations of parenting coordinators |
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(5) | Joining claims and parties |
| Part 4 — Family Law Cases Started by Filing a Notice of Family Claim |
| Rule 4-1 — Notice of Family Claim |
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(1) | Notice of family claim |
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(2) | Service |
| Rule 4-2 — Serving and Renewing the Notice of Family Claim |
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(1) | Renewal of original notice of family claim |
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(2) | Further renewal of notice of family claim |
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(3) | When renewal period begins |
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(4) | After renewal of notice of family claim |
| Rule 4-3 — Responding to a Notice of Family Claim |
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(1) | Filing a response to family claim |
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(2) | No notice of hearing if no response to family claim |
| Rule 4-4 — Counterclaim |
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(1) | Counterclaim |
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(2) | Form of counterclaim |
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(3) | Counterclaim may include claims against persons other than the claimant |
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(4) | Service required |
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(5) | Parties against whom relief is sought must respond |
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(6) | No notice of hearing if no response to counterclaim |
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(7) | If family law case stayed or discontinued |
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(7.1) | Separate trial of counterclaim |
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(8) | Judgment |
| Rule 4-5 — Other Rules about Notice of Family Claim Cases |
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(1) | Person allegedly involved in adultery |
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(2) | Marriage certificate to be filed |
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(3) | Withdrawal |
| Rule 4-6 — Pleadings Generally |
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(1) | Inconsistent allegations |
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(2) | Alternative allegations |
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(3) | Order for particulars |
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(4) | Demand for particulars |
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(5) | Demand for particulars not a stay of proceedings |
| Part 5 — Financial Disclosure |
| Rule 5-1 — Financial Disclosure |
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(1) | Interpretation |
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(2) | Application of this rule |
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(3) | Numbering applicable income documents |
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(4) | Who must provide Part 1 of a Form F8 financial statement |
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(5) | Who must provide Parts 2 and 3 of a Form F8 financial statement |
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(6) | If special or extraordinary expenses are claimed |
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(7) | If undue hardship is claimed |
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(8) | Agreement avoids need for documents |
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(9) | Who must provide income documents |
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(10) | Who must provide Part 3 of a Form F8 financial statement |
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(11) | When party must file and serve documents |
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(12) | Assessment notice to be included |
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(13) | Particulars may be demanded |
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(14) | Court may order particulars |
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(15) | Information must be kept current |
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(16) | Additional documents |
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(17) | If written statement or particulars provided |
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(18) | Updated statements |
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(19) | Production of documents |
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(20) | Responding to demand |
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(21) | Request to corporation, partnership or proprietorship |
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(22) | Production required |
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(23) | Application to court for directions |
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(24) | Application to court for exemption |
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(25) | Application by person authorized |
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(26) | Court may order exemption |
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(27) | Costs |
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(28) | Relief |
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(29) | Confidentiality |
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(30) | Sealing of financial information |
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(31) | Child support guidelines prevail |
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(32) | No conflict |
| Part 6 — Service |
| Rule 6-1 — Address for Service |
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(1) | Party must have address for service |
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(2) | Additional addresses for service |
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(3) | Change of address for service |
| Rule 6-2 — Ordinary Service |
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(1) | Documents normally to be served by ordinary service |
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(2) | How to serve documents by ordinary service |
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(3) | When service by delivery is deemed to be completed |
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(4) | When service by mail is deemed to be completed |
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(5) | When documents may be served by fax |
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(6) | When service by fax or e-mail is deemed to be completed |
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(7) | If no address for service given |
| Rule 6-3 — Personal Service |
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(1) | When documents must be served by personal service |
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(2) | How to serve documents by personal service |
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(3) | Service on Attorney General |
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(4) | When personal service is deemed to be completed |
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(5) | Date of deemed service |
| Rule 6-4 — Alternative Methods of Service |
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(1) | Alternative service methods |
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(2) | If an alternative service method is permitted |
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(3) | Service by advertisement |
| Rule 6-5 — Service outside British Columbia |
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(1) | Service outside British Columbia without leave |
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(2) | Application for leave to serve outside the jurisdiction |
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(3) | Applications may be made without notice |
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(4) | Service of order and related documents |
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(5) | If service without leave valid |
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(6) | Contract containing terms for service |
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(7) | Contract does not invalidate effective service |
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(8) | Definition |
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(9) | Manner of service abroad |
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(10) | Proof of service abroad |
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(11) | Forms |
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(12) | Certificate |
| Rule 6-6 — Proving Service |
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(1) | Proof of service |
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(2) | Proof of service by sheriff |
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(3) | Service on member of Canadian Armed Forces |
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(4) | Admissibility of other evidence of service |
| Rule 6-7 — Relief |
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(1) | If service is alleged to be ineffective |
| Part 7 — Conferences |
| Rule 7-1 — Judicial Case Conference |
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(1) | Requesting a judicial case conference |
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(2) | Requirement to hold judicial case conference |
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(3) | Applications that may be brought before a judicial case conference |
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(4) | Court may relieve party from requirement of subrule (2) |
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(5) | How to apply for relief |
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(6) | Powers of the court |
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(7) | How to request a judicial case conference |
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(8) | What must be served if judicial case conference is requested |
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(9) | Court may require a judicial case conference |
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(10) | Form F8 financial statement must be filed before judicial case conference |
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(11) | Other parties must file and serve Form F8 financial statement |
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(12) | Judicial case conference must be conducted by judge or master |
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(13) | Who must attend the judicial case conference |
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(14) | Absent parties must be available and accessible by telephone or other means |
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(15) | What happens at the judicial case conference |
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(16) | Non-attendance at judicial case conference |
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(17) | Judge or master may be seized of further applications |
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(18) | Other judges or masters may hear applications |
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(19) | Proceedings must be recorded |
| Rule 7-2 — Settlement Conferences |
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(1) | Settlement conference |
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(2) | Proceedings must be recorded |
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(3) | When judge must not preside |
| Part 8 — Amendment of Documents and Change of Parties |
| Rule 8-1 — Amendment of Pleadings |
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(1) | When pleading may be amended |
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(2) | How amendments made |
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(3) | Identifying amendments |
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(4) | Service of amended pleadings |
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(5) | Response of a party to amended pleading |
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(6) | Failure to serve amended responding pleading |
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(7) | Responding to amended pleading |
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(8) | Amendment at trial |
| Rule 8-2 — Change of Parties |
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(1) | Party ceasing to exist |
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(2) | Effect of death |
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(3) | Assignment or conveyance of interest |
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(4) | Change or transmission of interest or liability |
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(5) | Prosecution of family law case if claimant or petitioner dies |
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(6) | Costs on dismissal |
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(7) | Adding, removing or substituting parties by order |
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(8) | Procedure if person added, removed or substituted as named party by order |
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(9) | Consent required |
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(10) | Effect of order |
| Part 9 — Procedures for Obtaining Information and Documents |
| Rule 9-1 — Discovery and Inspection of Documents |
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(1) | List of documents |
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(2) | Documents to be enumerated |
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(3) | Claim for privilege |
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(4) | Nature of privileged documents to be described |
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(5) | Affidavit verifying list of documents |
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(6) | Amending the list of documents |
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(7) | Party may demand documents required under this rule |
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(8) | Party may demand additional documents |
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(9) | Response to demand for documents |
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(10) | Application for production of documents |
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(11) | Court may alter requirements |
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(12) | Inspection of documents |
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(13) | Copies of documents |
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(14) | Order to produce document |
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(15) | Documents not in possession of party |
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(16) | Order by consent |
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(17) | Inspection of document by court |
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(18) | Party may not use document |
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(19) | Determination of issue before discovery |
| Rule 9-2 — Examinations for Discovery |
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(1) | Examination of parties |
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(2) | Limitations |
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(3) | Considerations of the court |
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(4) | Oral examination on oath |
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(5) | Examination of party that is not an individual |
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(6) | Examination of person for whose benefit family law case brought |
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(7) | Examination of guardian and infants |
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(8) | Examination of mentally incompetent person |
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(9) | Examination of bankrupt |
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(10) | Place |
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(11) | Examination before reporter |
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(12) | Service of notice |
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(13) | Person must attend examination |
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(14) | Fees must not be attached |
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(15) | Production of documents |
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(16) | Examination and re-examination |
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(17) | Scope of examination |
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(18) | Person must inform self |
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(19) | Response may be provided by letter |
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(20) | If letter provided |
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(21) | Objections |
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(22) | How recorded |
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(23) | Application to persons outside British Columbia |
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(24) | Service of order and notice |
| Rule 9-3 — Discovery by Interrogatories |
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(1) | Party may serve interrogatories by consent or with leave |
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(2) | If a party is a body of persons |
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(3) | Powers of court |
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(4) | Timing of answer to interrogatories |
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(5) | If more than one person to answer interrogatories |
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(6) | Objection to answer interrogatory |
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(7) | Insufficient answer to interrogatory |
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(8) | Application to strike out interrogatory |
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(9) | Service of interrogatories on lawyer |
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(10) | Lawyer must inform |
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(11) | Continuing obligation to answer |
| Rule 9-4 — Pre-trial Examination of Witness |
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(1) | Order for examination |
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(2) | Expert |
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(3) | Affidavit in support of application |
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(4) | Application procedure |
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(5) | Subpoena |
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(6) | Identification of documents and objects |
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(7) | Notice of examination |
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(8) | Mode of examination |
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(9) | Time for examination |
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(10) | Application of examination for discovery rules |
| Rule 9-5 — Physical Examination and Inspection |
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(1) | Order for medical examination |
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(2) | Subsequent examinations |
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(3) | Questions by examiner |
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(4) | Order for inspection and preservation of property |
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(5) | Entry on land or building |
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(6) | Application to persons outside British Columbia |
| Rule 9-6 — Admissions |
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(1) | Notice to admit |
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(2) | Effect of notice to admit |
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(3) | Copy of document to be attached |
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(4) | Unreasonable refusal to admit |
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(5) | Withdrawal of admission |
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(6) | Application for order on admissions |
| Rule 9-7 — Depositions |
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(1) | Examination of person |
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(2) | Examination of person |
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(3) | Grounds for order |
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(4) | Time limits |
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(5) | Subpoena |
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(6) | Identification of documents and objects |
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(7) | Place of examination |
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(8) | Application of rule outside British Columbia |
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(9) | If person willing to testify |
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(10) | If person not willing to testify |
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(11) | Letter of request |
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(12) | Filing of undertaking |
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(13) | Notice of examination |
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(14) | Mode of examination |
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(15) | Objection to question |
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(16) | Recording of deposition evidence |
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(17) | Preserving testimony |
| Part 10 — Obtaining Orders Other Than at Trial |
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Division 1 — Procedure and Affidavits |
| Rule 10-1 — Choosing the Appropriate Procedure |
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(1) | Application procedure |
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(2) | Applications for final orders in undefended family law cases |
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(3) | Applications for final orders in defended family law cases |
| Rule 10-2 — Place Application Is Heard |
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(1) | Place of hearing of application |
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(2) | If more than one place |
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(3) | If place of hearing is a place other than that at which the family law case is being conducted |
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(4) | Place of hearing of application with leave of registrar |
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(5) | Notice of application must be endorsed to reflect grant of leave |
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(6) | If place of hearing is a place chosen with leave of registrar |
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(7-8) | Repealed |
| Rule 10-3 — Chambers Proceedings |
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(1) | Definition |
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(2) | Failure of party to attend |
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(3) | Reconsideration of order |
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(4) | Evidence on an application |
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(5) | Hearing of application in public |
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(6) | Adjournment of application if applications not heard on date set |
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(7) | Power of the court |
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(8) | Powers of court if notice not given |
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(9) | Urgent chambers proceeding |
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(10) | Adjournment |
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(11) | Notes of applications |
| Rule 10-4 — Affidavits |
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(1) | Affidavit to be filed |
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(2) | Form and content of affidavit |
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(3) | Identifying affidavits |
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(4) | Making affidavit |
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(5) | Statement to be signed |
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(6) | Statement if person swearing or affirming the affidavit unable to read |
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(7) | Interpretation to person swearing or affirming the affidavit who does not understand English |
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(8) | Exhibit to be marked |
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(9) | Copies of documentary exhibits |
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(10) | Numbering exhibit pages |
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(11) | Alterations to be initialled |
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(12) | Limitation on contents of affidavit |
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(13) | Exception |
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(14) | Use of defective affidavit |
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(15) | Affidavit made before proceeding started |
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(16) | Affidavit of patient under the Patients Property Act |
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Division 2 — Usual Application Procedure |
| Rule 10-5 — Application Procedure |
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(1) | How applications are to be brought |
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(2) | Applications brought under this Part |
| Rule 10-6 — Usual Application Procedure |
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(1) | Definitions |
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(2) | Notice of application |
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(3) | Contents of notice of application |
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(4) | Date and time of hearing |
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(5) | Date and time if hearing time more than 2 hours |
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(6) | Service of application materials |
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(7) | Service requirements |
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(8) | Application response |
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(8.1) | Time for filing and service |
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(9) | Contents of application response |
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(10) | Address for service |
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(11) | Repealed |
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(12) | Applicant may respond |
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(13) | No additional affidavits |
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(14) | Application record |
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(15) | Service of application record index |
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(16) | If application respondent's application is to be heard at the hearing |
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(17) | Application record to be returned |
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(18) | Application record to be returned to the registry |
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(19) | Provision of amended application record |
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(19.1) | Resetting adjourned applications |
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(20) | Application respondent may apply for directions |
| Rule 10-7 — Consent Applications |
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(1) | How consent applications are to be brought |
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(1.1) | Consent applications under this Part |
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(2) | Consent order |
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(3) | Disposition of referred applications |
| Rule 10-8 — Applications of Which Notice Is Not Required |
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(1) | Application of which notice is not required |
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(2-3) | Repealed |
| Rule 10-9 — Urgent Applications |
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(1) | Short notice |
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(2) | How to make a short notice application |
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(3) | Normal time and notice rules don't apply |
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(4) | Powers of court on short notice application |
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(5) | Effect of short notice order |
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(6) | Orders without notice |
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(7) | Service of orders required |
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(8) | Setting aside orders made without notice |
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Division 3 — Procedure for Applications for Final Orders |
| Rule 10-10 — Final Orders in Undefended Family Law Cases |
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(1) | How to bring applications for judgment in undefended family law case |
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(2) | How to bring applications by requisition |
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() | |
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(3) | When proof of service is not required |
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(4) | Evidence in undefended family law case if divorce sought |
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(5) | Powers of court on application |
| Rule 10-11 — Final Orders in Defended Family Law Cases |
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(1) | Final orders in defended family law cases |
| Part 11 — Pre-Trial Resolution Procedures |
| Rule 11-1 — Offers to Settle |
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(1) | Definition |
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(2) | Offer not to be disclosed |
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(3) | Offer not an admission |
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(4) | Offer may be considered in relation to costs |
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(5) | Cost options |
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(6) | Considerations of court |
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(7) | Counter offer |
| Rule 11-2 — Striking Documents |
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(1) | Scandalous, frivolous or vexatious matters |
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(2) | Admissibility of evidence |
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(3) | Powers of registrar |
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(4) | Reconsideration of order |
| Rule 11-3 — Summary Trial |
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(1) | Definition |
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(2) | Application |
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(3) | When application must be heard |
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(4) | Setting application for hearing |
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(5) | Evidence on application |
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(6) | Application of Rule 14-7 |
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(7) | Application of Rules 13-6 and 13-7 |
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(8) | Filings with application |
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(9) | Notice of evidence to be used on application |
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(10) | Giving notice |
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(11) | Adjournment or dismissal |
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(12) | Preliminary orders |
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(13) | Ancillary or preliminary orders may be made at or before application |
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(14) | Judge not seized of application |
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(15) | Judgment |
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(16) | No further application without leave |
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(17) | Orders |
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(18) | Right to vary or set aside order |
| Rule 11-4 — Discontinuance and Withdrawal |
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(1) | Discontinuance before family law case set for trial |
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(2) | Discontinuance after family law case set for trial |
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(3) | Withdrawal by respondent |
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(4) | Costs and default procedure on discontinuance or withdrawal |
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(5) | Some costs remain recoverable |
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(6) | Proceeding after response is withdrawn |
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(7) | Discontinuance not a defence |
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(8) | Application to counterclaim and petition. |
| Part 12 — Property and Injunctions |
| Rule 12-1 — Detention, Preservation and Recovery of Property |
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(1) | Property that is the subject matter of a family law case |
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(2) | Fund that is the subject matter of a family law case |
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(3) | Allowance of income from property |
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(4) | Recovery of specific property |
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(5) | Compensation for wrongful recovery |
| Rule 12-2 — Receivers |
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(1) | Appointment of receiver |
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(2) | Form of security |
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(3) | Remuneration of receiver |
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(4) | Accounts of receiver |
| Rule 12-3 — Interpleader |
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(1) | Entitlement to relief by way of interpleader |
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(2) | Claim to real or personal property taken by sheriff |
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(3) | Sheriff to deliver notice |
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(4) | If claim admitted |
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(5) | Sheriff may apply for interpleader relief |
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(6) | Mode of application |
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(7) | Affidavit |
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(8) | Application for interpleader relief |
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(9) | Powers of court on hearing application |
| Rule 12-4 — Injunctions |
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(1) | Applications for pre-trial injunctions |
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(2) | Applications for pre-trial injunctions before family law case started |
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(3) | Applications for interim injunctions without notice |
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(4) | Injunction by court order |
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(5) | Undertaking as to damages |
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(6) | Application for injunction after judgment |
| Part 13 — Court Ordered Reports and Expert Witnesses |
| Rule 13-1 — Court Ordered Reports under Section 211 of the Family Law Act |
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(1) | Report must include address for service |
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(2) | Permission required to call person who prepares court-ordered report |
| Rule 13-2 — Duty of Expert Witnesses |
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(1) | Duty of expert witness |
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(2) | Advice and certification |
| Rule 13-3 — Appointing Joint Expert Witnesses |
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(1) | Definition |
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(2) | Joint appointment on financial issues |
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(3) | Other appointments on non-financial issues |
| Rule 13-4 — Jointly Appointed Experts |
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(1) | Matters to be settled prior to appointment |
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(2) | Appointment agreement |
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(3) | Application to court |
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(4) | Order |
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(5) | Role of expert appointed under this rule |
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(6) | Notice of application |
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(7) | Additional experts |
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(8) | Considerations |
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(9) | Cooperation required |
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(10) | Cross-examination |
| Rule 13-5 — Appointment of Court's Own Expert |
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(1) | Appointment of experts by court |
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(2) | Materials required by court |
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(3) | Court may name different expert |
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(4) | Expert must consent |
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(5) | What court may consider |
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(6) | Previous report not a bar |
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(7) | Consequences of court appointment |
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(8) | Directions to expert |
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(9) | Contents of order appointing expert |
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(10) | Remuneration of expert |
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(11) | Security for remuneration |
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(12) | Report |
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(13) | Report must be introduced as evidence |
| Rule 13-6 — Expert Reports |
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(1) | Requirements for report |
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(2) | Proof of qualifications |
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(3) | Service of report |
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(4) | Service of responding report |
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(5) | Supplementary report of joint or court-appointed expert |
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(6) | Supplementary report of own expert |
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(7) | Requirements for supplementary report |
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(8) | Production of documents |
| |
(9) | Notice of trial date to expert |
| |
(10) | Notice of objection to expert opinion evidence |
| |
(11) | When objection not permitted |
| Rule 13-7 — Expert Opinion Evidence at Trial |
| |
(1) | Admissibility |
| |
(2) | When report stands as evidence |
| |
(3) | Cross-examination of expert |
| |
(4) | Costs of cross-examination |
| |
(5) | Restrictions on calling expert as witness at trial |
| |
(6) | When court may dispense with requirement of this Part |
| Part 14 — Trial Rules |
| |
Division 1 — Application |
| Rule 14-1 — Application |
| |
(1) | Application |
| |
Division 2 — Setting a Family Law Case for Trial |
| Rule 14-2 — How to Set Trial for Hearing |
| |
(1) | Notice of trial |
| |
(2) | Content of notice of trial |
| |
(3) | Registry |
| |
(4) | Place of trial |
| |
(5) | When notice of trial must be served |
| |
(6) | If trial date unacceptable |
| |
(7) | Time of trial |
| |
(8) | Court may make orders respecting trial dates |
| |
(9) | Duty to inform registry |
| Rule 14-3 — Trial Management Conference |
| |
(1) | Date for trial management conference |
| |
(2) | Trial management conference must be conducted by judge |
| |
(3) | Trial brief required |
| |
(4) | Who must attend the trial management conference |
| |
(5) | Non-attendance at trial management conference |
| |
(6) | Absent parties must be available and accessible by telephone or other means |
| |
(7) | Application must be made by requisition |
| |
(8) | Proceedings must be recorded |
| |
(9) | Orders at a trial management conference |
| |
(10) | When approval in writing by lawyer not required |
| |
(11) | Prohibited orders |
| Rule 14-4 — Trial Record |
| |
(1) | Trial record for the court |
| |
(2) | Powers of registrar respecting trial records |
| |
(3) | Filing and service of trial record |
| |
(4) | Amended trial record |
| |
(5) | When certificate required |
| |
(6) | Direction as to trial record |
| Rule 14-5 — Trial Certificate |
| |
(1) | Trial certificate |
| |
(2) | When trial certificate must be filed |
| |
(3) | What trial certificate must contain |
| |
(4) | Service |
| |
(5) | Failure to file |
| |
(6) | Applications prohibited |
| |
Division 3 — Conduct of Trial |
| Rule 14-6 — Mode of Trial |
| |
(1) | Trial without jury |
| |
(2) | Trial of one question before others |
| Rule 14-7 — Evidence and Procedure at Trial |
| |
(1) | Application |
| |
(2) | Court may vary order |
| |
(3) | Failure to prove a material fact |
| |
(4) | No evidence application |
| |
(5) | Respondent need not elect whether to call evidence |
| |
(6) | Insufficient evidence application |
| |
(7) | Respondent must elect not to call evidence |
| |
(8) | Notice to produce |
| |
(9) | Numbering exhibit pages |
| |
(10) | Opportunity to inspect exhibit |
| |
(11) | Registrar to take charge of exhibits |
| |
(12) | Return of exhibits |
| |
(13) | Other returns |
| |
(14) | Disposal of exhibits after final disposition |
| |
(15) | Notice respecting disposal of exhibits before final disposition |
| |
(16) | Disposal of exhibits before final disposition |
| |
(17) | If exhibit disposed of |
| |
(18) | If exhibit destroyed |
| |
(19) | "Adverse party" defined |
| |
(20) | Adverse witness |
| |
(21) | Notice to call adverse witness |
| |
(22) | Exceptions |
| |
(23) | Application to set notice aside |
| |
(24) | Court may make order |
| |
(25) | Refusal to comply with notice |
| |
(26) | Adverse party as witness may be cross-examined |
| |
(27) | Witness to testify orally |
| |
(28) | Witness must be listed in witness list |
| |
(29) | Examination of witnesses |
| |
(30) | Any party may contradict testimony |
| |
(31) | Party may prepare and serve subpoena |
| |
(32) | Form of subpoena |
| |
(33) | Subpoena not to be filed or sealed |
| |
(34) | Service of subpoena |
| |
(35) | Fees to accompany subpoena |
| |
(36) | Production of documents and physical objects |
| |
(37) | Order for attendance of witness in custody |
| |
(38) | Failure of witness to attend or remain in attendance |
| |
(39) | Order setting aside subpoena |
| |
(40) | Use of deposition evidence |
| |
(41) | Use of videotape or film |
| |
(42) | Certified transcript |
| |
(43) | Video recording of deposition evidence |
| |
(44) | Video recording of evidence becomes exhibit |
| |
(45) | Deposition to be given in full |
| |
(46) | Persons against whom discovery evidence is admissible |
| |
(47) | Notice required of evidence |
| |
(48) | Attendance at trial may be required |
| |
(49) | Court may consider whole examination |
| |
(50) | Discovery evidence of person under disability |
| |
(51) | Transcripts of discovery evidence |
| |
(52) | Use of pre-trial examination of a witness |
| |
(53) | Court may consider whole pre-trial examination |
| |
(54) | Use of transcript of other proceedings |
| |
(55) | Transcript for the court |
| |
(56) | Objection to transcript evidence at trial |
| |
(57) | Custody of transcripts |
| |
(58) | Use of interrogatories at trial |
| |
(59) | Affidavit evidence |
| |
(60) | Copy of affidavit must be furnished |
| |
(61) | Cross-examination |
| |
(62) | Court may extend or abridge time to require witness attendance |
| |
(63) | Contents |
| |
(64) | Cross-examination not limited |
| |
(65) | Costs where attendance unnecessary |
| |
(66) | Trial with assessor |
| |
(67) | Trial of one question before others |
| |
(68) | Trial by different modes of trial |
| |
(69) | Calculation of amount by officer of the court |
| |
(70) | Use of recording device |
| |
(71) | Evidence of particular facts |
| |
(72) | Order of speeches |
| |
(73) | Court may make order respecting submissions |
| |
(74) | Clerk to note time of trial |
| |
(75) | Failure of all parties to appear at trial |
| |
(76) | Failure of one party to appear at trial |
| |
(77) | Court may set aside judgment |
| Part 15 — Court Orders and Their Enforcement |
| Rule 15-1 — Orders |
| |
(1) | Form of order |
| |
(2) | Protection orders and restraining orders |
| |
(3) | Drawing and approving orders |
| |
(4) | When approval in writing not required |
| |
(5) | Endorsement of order on application sufficient in certain cases |
| |
(6) | Order granted conditionally on document to be filed |
| |
(7) | Waiver of order obtained on condition |
| |
(8) | Order of judge or master |
| |
(9) | Date of order |
| |
(10) | Approval of order |
| |
(11) | Requirement of consent order |
| |
(12) | Settlement of orders |
| |
(13) | Appointment to settle |
| |
(14) | Party failing to attend on appointment to settle |
| |
(15) | Review of settlement |
| |
(16) | Registrar may draw order |
| |
(17) | Special directions for entry or service |
| |
(18) | Correction of orders |
| |
(19) | Opinions, advice and directions of the court |
| |
(20) | Orders on terms and conditions |
| Rule 15-2 — Divorce Orders |
| |
(1) | Ongoing prior proceedings |
| |
(2) | Claim for divorce joined with other claims |
| |
(3) | Form of certificate of divorce |
| |
(4) | Service of divorce order |
| Rule 15-2.1 — Guardianship Orders |
| |
(1) | Guardianship affidavit required |
| |
(2) | Interim order may be made |
| |
(3) | Duration of interim order |
| |
(4) | Currency of information |
| |
(5) | Materials required if hearing adjourned |
| Rule 15-3 — Provisional and Extra-Provincial Orders |
| |
(1) | Provisional orders made in British Columbia |
| |
(2) | Provisional orders made in another province |
| |
(3) | Duty of registrar |
| |
(4) | Registration of orders |
| |
(5) | Exchange of orders between provinces |
| |
(6) | Enforcement in Provincial Court |
| Rule 15-4 — Enforcement of Orders |
| |
(1) | Order to pay money to a person |
| |
(2) | Order to pay money into court |
| |
(3) | Order for recovery or delivery of land |
| |
(4) | Order for recovery or delivery of property other than land |
| |
(5) | Appointment of receiver |
| |
(6) | Execution by or against person not a party |
| |
(7) | Remedy on non-compliance with mandatory order |
| |
(8) | Issue of execution on conditional order |
| |
(9) | Order when right to relief has arisen |
| |
(10) | Issue of execution on change of parties |
| |
(11) | Production of order before execution |
| |
(12) | Endorsement of writ |
| |
(13) | Issue of writ of sequestration, possession or delivery |
| |
(14) | Issue of writ of execution if order to pay money within a period |
| |
(15) | Issue of writ of execution |
| |
(16) | When writ of execution is issued |
| |
(17) | Copy of writ of execution must be left with registry |
| |
(18) | Term of writ of execution |
| |
(19) | Renewal of writ of execution |
| |
(20) | Hearing of writ of execution |
| |
(21) | Writ of execution to be endorsed |
| |
(22) | Enforcement costs |
| |
(23) | Registrar may fix amount |
| |
(24) | Assessments and accounting |
| |
(25) | Registrar may certify on accounting |
| |
(26) | Certificate of same effect as order |
| |
(27) | Separate writs for costs |
| |
(28) | Judgment for recovery of property other than land |
| |
(29) | Acknowledgment of payment |
| |
(30) | Order that judgment has been paid |
| |
(31) | Stay of execution |
| |
(32) | Balance becomes payable if instalment not paid when due |
| |
(33) | Application for relief |
| |
(34) | Application for directions |
| |
(35) | Enforcement of certificate |
| Rule 15-5 — Compelling a Debtor under the Family Maintenance Enforcement Act to Appear in Court |
| |
(1) | Summons under the Family Maintenance Enforcement Act |
| |
(2) | Committal summons under the Family Maintenance Enforcement Act |
| |
(3) | Arrest warrants |
| Rule 15-6 — Subpoena to Debtor |
| |
(1) | Subpoena to debtor |
| |
(2) | To whom subpoena must be directed |
| |
(3) | Service of subpoena |
| |
(4) | Examination of debtor |
| |
(5) | Examiner |
| |
(6) | Examination |
| |
(7) | Adjournment |
| |
(8) | Debtor refusing to attend or respond |
| |
(9) | Creditor failing to attend, etc. |
| |
(10) | Debtor unreasonably refusing to pay |
| |
(11) | Order for payment |
| |
(12) | Notice of application for committal |
| |
(13) | Order for committal |
| |
(14) | Costs payable by debtor |
| |
(15) | Form of order |
| |
(16) | Term of order |
| |
(17) | Payment to sheriff |
| |
(18) | Maintenance money recoverable |
| |
(19) | Debtor to be brought before court |
| |
(20) | Application to set aside or vary order |
| |
(21) | Payment of debt |
| |
(22) | Receipt for payment |
| |
(23) | Release from custody |
| |
(24) | Payment to creditor |
| |
(25) | Requisition for discharge |
| |
(26) | Failure to pay sheriff |
| |
(27) | Liability imposed by order |
| |
(28) | Repealed |
| Rule 15-7 — Examinations in Aid of Execution |
| |
(1) | Definitions |
| |
(2) | Examination of judgment debtor |
| |
(3) | Examination of corporate, partnership or firm judgment debtor |
| |
(4) | Limitation |
| |
(5) | Examination of person other than judgment debtor |
| |
(6) | Order in certain cases |
| |
(7) | Application of examination for discovery rules |
| |
(8) | Use of examination |
| |
(9) | Costs |
| Rule 15-8 — Sales by the Court |
| |
(1) | Court may order sale |
| |
(2) | Conduct of sale |
| |
(3) | Directions for sale |
| |
(4) | Application for directions |
| |
(5) | Certificate of sale |
| |
(6) | Vesting order |
| Part 16 — Costs |
| Rule 16-1 — Costs |
| |
(1) | Tariff of costs |
| |
(2) | Assessment of special costs |
| |
(3) | Assessment officer |
| |
(4) | Disbursements |
| |
(5) | Directions |
| |
(6) | Tax in respect of legal services and disbursements |
| |
(7) | Costs to follow event |
| |
(8) | Costs where party represented by an employee |
| |
(9) | Costs of applications |
| |
(10) | When costs payable |
| |
(11) | Costs of hearing fees |
| |
(12) | Obligation to pay unaffected |
| |
(13) | Costs arising from improper act or omission |
| |
(14) | Costs of whole or part of family law case |
| |
(15) | Costs payable from estate or property |
| |
(16) | Set-off of costs |
| |
(17) | Costs of one respondent payable by another |
| |
(18) | Unnecessary expense after judgment |
| |
(19) | Form of bill of costs |
| |
(20) | Appointment to assess costs |
| |
(21) | Place for assessment |
| |
(22) | Further particulars |
| |
(23) | Assessment of sheriff's fees |
| |
(24) | Service of appointment |
| |
(25) | Certificate of costs or expenses |
| |
(26) | Review of an assessment |
| |
(27) | Form of bill in certain cases |
| |
(28) | Description of services |
| |
(29) | Evidence of lawyer |
| |
(30) | Disallowance of fees and costs |
| |
(31) | Costs may be ordered without assessment |
| |
(32) | Notice |
| |
(33) | Order to be served |
| |
(34) | Limitation |
| |
(35) | Refusal or neglect to procure assessment |
| |
(36) | Referrals |
| Rule 16-2 — Assessment of Expenses |
| |
(1) | Expenses to be assessed |
| |
(2) | Assessment officer |
| |
(3) | Directions |
| |
(4) | Appointment to assess expenses |
| |
(5) | Place for assessment |
| |
(6) | Further particulars |
| |
(7) | Certificate of costs or expenses |
| |
(8) | Review of an assessment |
| |
(9) | When expenses payable |
| |
(10) | No costs if expenses ordered |
| Part 17 — Petition Proceedings |
| Rule 17-1 — Petitions |
| |
(1) | Definitions |
| |
(2) | Petitions |
| |
(3) | Service |
| |
(4) | Response to petition |
| |
(5) | Contents of response to petition |
| |
(6) | Petitioner may respond |
| |
(7) | No additional affidavits |
| |
(8) | Setting application for hearing |
| |
(9) | Date and time of hearing |
| |
(10) | Date and time if hearing time more than 2 hours |
| |
(11) | Petition record |
| |
(12) | Service of petition record |
| |
(13) | If petition respondent's application is to be heard at the hearing |
| |
(14) | Petition record to be returned |
| |
(15) | Petition record to be returned to registry |
| |
(16) | Provision of amended petition record |
| |
(16.1) | Resetting adjourned hearings |
| |
(17) | Petition respondent may apply for directions |
| |
(18) | Powers of court |
| |
(19) | Amendment of petition |
| |
(20) | Renewal of original petition |
| |
(21) | Further renewal of petition |
| |
(22) | When renewal period begins |
| |
(23) | After renewal of petition |
| |
(24) | Uncontested adoptions |
| |
(25) | Referral by registrar |
| |
(26) | Disposition of referred applications |
| Part 18 — Other Procedures |
| Rule 18-1 — Inquiries, Assessments and Accounts |
| |
(1) | Direction for inquiries, assessments or accounts |
| |
(2) | Certificate as to result |
| |
(3) | Report and recommendation |
| |
(4) | Application to vary or confirm recommendation |
| |
(5) | Time and place of hearing |
| |
(6) | Appointment |
| |
(7) | Witnesses |
| |
(8) | Certificate or recommendation to be filed and served |
| |
(9) | Party may file certificate |
| |
(10) | Opinion of the court |
| |
(11) | Accounts of executor, trustee, etc. |
| |
(12) | Special directions |
| |
(13) | Court may appoint lawyer |
| |
(14) | Varying directions |
| |
(15) | Account to be verified by affidavit |
| |
(16) | Form of account |
| |
(17) | Particulars of errors in account |
| |
(18) | Notice of order |
| |
(19) | Person bound as if party |
| |
(20) | Dispensing with service |
| |
(21) | Person may apply to vary or rescind |
| |
(22) | Person may file a notice of interest |
| Rule 18-2 — Jurisdictional Disputes |
| |
(1) | Disputed jurisdiction |
| |
(2) | Order declining jurisdiction may be sought |
| |
(3) | Disputed pleading or service |
| |
(4) | Powers of court pending resolution |
| |
(5) | Party does not submit to jurisdiction |
| Rule 18-3 — Appeals |
| |
(1) | Application |
| |
(2) | Form |
| |
(3) | Directions |
| |
(4) | Conduct of appeal |
| |
(5) | Application for directions |
| |
(6) | Service of notice of appeal |
| |
(7) | Powers of court |
| |
(8) | Filing notice of interest |
| |
(9) | Notice of hearing of appeal |
| |
(10) | Notice of abandonment of appeal |
| Part 19 — Judgments From Other Courts |
| Rule 19-1 — Canadian Judgments |
| |
(1) | Definition |
| |
(2) | Registration requirements for Canadian judgments |
| Rule 19-2 — Foreign Judgments |
| |
(1) | Definitions |
| |
(2) | Application under Court Order Enforcement Act |
| |
(3) | Affidavit in support |
| |
(4) | Applications for reciprocal enforcement of judgment |
| |
(5) | Form of order to register |
| |
(6) | Notice of registration |
| |
(7) | Setting aside registration of judgment under convention |
| |
(8) | Stay of enforcement |
| |
(9) | Stay of proceeding in family law case on foreign judgment |
| Part 20 — Special Rules For Certain Parties |
| Rule 20-1 — Partnerships |
| |
(1) | Partners may sue or be sued in firm name |
| |
(2) | Service on firm |
| |
(3) | Responding pleading |
| |
(4) | Affidavit naming partners |
| |
(5) | Court may order service |
| |
(6) | Execution against partnership property |
| |
(7) | Execution against partners |
| |
(8) | Execution against other persons |
| |
(9) | Liability may be determined |
| |
(10) | Family law case against person carrying on business in a name other than the person's own |
| Rule 20-2 — Minors |
| |
(1) | Party who is a minor |
| |
(1.1) | Rule 20-3 does not apply in certain circumstances |
| |
(2) | Appointment of litigation guardian |
| Rule 20-3 — Persons under Disability |
| |
(1) | Interpretation |
| |
(2) | Start of family law case by person under disability |
| |
(3) | Role of litigation guardian |
| |
(4) | Lawyer must be involved |
| |
(5) | Litigation guardian |
| |
(6) | Committee as litigation guardian |
| |
(7) | Consent of litigation guardian |
| |
(8) | Certificate of fitness |
| |
(9) | Certificate for a litigation guardian |
| |
(10) | Party becoming incompetent |
| |
(11) | Removal of litigation guardian |
| |
(12) | Party attaining age of majority |
| |
(13) | Effect of filing affidavit |
| |
(14) | Step in default |
| |
(15) | Service |
| |
(16) | Litigation guardian must be appointed |
| |
(17) | Compromise by person under disability |
| |
(18) | Approval of compromise |
| Rule 20-4 — Declaratory Relief |
| |
(1) | Declaratory order |
| Rule 20-5 — Persons Who Are Impoverished |
| |
(1) | Court may determine impoverished status |
| |
(2) | Application of order |
| |
(3) | How to apply |
| |
(4) | Review, variation or rescission of order |
| |
(5) | No fee payable |
| Part 21 — General |
| Rule 21-1 — Forms and Documents |
| |
(1) | Forms |
| |
(2) | Documents |
| |
(3) | Transcripts |
| |
(4) | Space for stamp |
| |
(5) | Style of proceeding |
| Rule 21-2 — Time |
| |
(1) | Computation of time |
| |
(2) | Extending or shortening time |
| |
(3) | Extending or shortening time respecting documents |
| |
(4) | Notice of intention to proceed after delay of one year |
| |
(5) | Want of prosecution |
| |
(6) | Attendance |
| Rule 21-3 — Multiple Claims and Parties |
| |
(1) | Multiple claims |
| |
(2) | Multiple parties |
| |
(3) | Joining persons jointly entitled to relief |
| |
(4) | If persons are jointly liable |
| |
(5) | Party need not be interested in all relief |
| |
(6) | Separation |
| |
(7) | Separating counterclaim |
| |
(8) | Consolidation |
| |
(8.1) | Consolidation of proceedings with Provincial Court proceedings |
| |
(9) | Misjoinder or nonjoinder of parties |
| Rule 21-4 — Change of Lawyer |
| |
(1) | Change of lawyer |
| |
(2) | Order that lawyer has ceased to act |
| |
(3) | Order on application of lawyer |
| |
(4) | Notice of intention to withdraw |
| |
(5) | Filing of objection |
| |
(6) | Procedure if no objection filed |
| |
(7) | Service of notice of withdrawal |
| |
(8) | Service of documents after withdrawal |
| |
(9) | Procedure if objection filed |
| |
(10) | Substituted service |
| |
(11) | Service of copy of order |
| Rule 21-5 — If Parties Fail to Comply with These Rules |
| |
(1) | If party does not comply with the rules |
| |
(2) | Non-compliance with rules |
| Rule 21-6 — If Parties Fail to Attend |
| |
(1) | Failure of party to attend |
| |
(2) | Failure of all parties to appear at trial |
| |
(3) | Court may set aside judgment |
| Rule 21-7 — Contempt of Court |
| |
(1) | Power of court to punish |
| |
(2) | Corporation in contempt |
| |
(3) | Security |
| |
(4) | Certain acts as contempt |
| |
(5) | If person may be guilty of contempt |
| |
(6) | Power of court after apprehension |
| |
(7) | If corporation may be guilty of contempt |
| |
(8) | Power of court after apprehension |
| |
(9) | Release of apprehended person |
| |
(10) | Order for release |
| |
(11) | Proceeding for contempt |
| |
(12) | Affidavit |
| |
(13) | Hearing |
| |
(14) | Service of order not necessary |
| |
(15) | Suspension of punishment |
| |
(16) | Discharge of person |
| |
(17) | Weekly review of person in custody |
| Part 22 — Court and Registry Matters |
| Rule 22-1 — Powers of Court |
| |
(1) | Court may adjourn trial, hearing or conference |
| |
(2) | Waiver or modification |
| |
(3) | Attendance by telephone or other means |
| |
(4) | Court may direct how attendance by telephone or other means is to be conducted |
| |
(5) | Court may refer calculation of child support |
| |
(6) | Security for costs |
| |
(7) | No stay on appeal |
| |
(8) | Same judge or master |
| Rule 22-2 — Registry Operations |
| |
(1) | Copy of document filed in registry |
| |
(2) | When registry open |
| |
(3) | Hours of registrar |
| |
(4) | Lunch hours |
| |
(5) | Use of seal |
| |
(6) | Name of registry |
| |
(7) | Signature of registrar |
| |
(8) | Business not to be conducted out of office hours |
| |
(9) | Request to registrar by requisition |
| |
(10) | Incapacity of judge |
| |
(11) | Powers of substituted judge |
| |
(12) | Powers of presiding judge |
| |
(13) | Transfers |
| Rule 22-3 — Fax Filing |
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(1) | Application |
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(2) | Document may be submitted for filing by fax |
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(3) | Means of transmission |
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(4) | Application of this rule |
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(5) | When a document is filed |
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(6) | Confirmation of filing |
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(7) | Confirmation of filing |
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(8) | Original of document may be required by court |
| Rule 22-4 — Electronic Filing |
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(1) | Definitions |
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(2) | This rule prevails in event of conflict |
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(3) | Electronic services agreement |
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(4) | Means of transmission |
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(5) | Application of this rule |
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(6) | Affidavits and other signed documents |
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(7) | Retention of documents |
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(8) | Conversion of documents |
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(9) | Inspection of original documents |
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(10) | Requisition |
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(11) | Application of Rule 10-4 |
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(12) | Electronic authentication deemed a signature |
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(13) | Filing of documents |
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(14) | Electronic acceptance |
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(15) | Sealing of notice of family claim |
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(16) | Public access to documents filed electronically |
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(17) | Service of documents |
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(18) | If document does not reach a person |
| Rule 22-5 — Money in Court |
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(1) | Interpretation |
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(2) | Deposit of funds |
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(3) | Deposit of securities |
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(4) | Transmission of securities |
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(5) | Payment out of court |
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(6) | Interest |
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(7) | No other interest payable |
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(8) | Calculation of interest |
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(9) | Account |
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(10) | Investments |
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(11) | Direction for payment out |
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(12) | Deposit of other money paid into court |
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(13) | No interest on other funds |
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(14) | Money for person under disability |
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(15) | Payment out of money or security |
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(16) | Payment in for infant |
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(17) | Payment out of money held for infant |
| Rule 22-6 — Sittings and Hearings |
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(1) | Under direction of Chief Justice |
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(2) | Urgency |
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(3) | Urgency or convenience |
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(4) | Video conferencing |
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(5) | Application must be made by requisition |
| Rule 22-7 — Masters, Registrars and Special Referees |
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(1) | Powers of a master |
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(2) | Master as registrar |
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(3) | Powers of a master in estates |
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(4) | Registrar's powers at registrar's hearing |
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(5) | Registrar's directions at pre-hearing conference |
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(6) | Reference by master to judge |
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(7) | Reference by registrar to judge or master |
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(8) | Appeal from master, registrar or special referee |
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(9) | Form of appeal |
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(10) | Notice |
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(11) | Appeal not to act as stay |
| Rule 22-8 — Searches |
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(1) | Search of files |
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(2) | Electronic court docket information available |
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(3) | Access to information |
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(4) | Limitation |
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(5) | Search of exhibits |
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(6) | Search of agreements |
| Part 23 — Transition |
| Rule 23-1 — Transition |
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(1) | Definitions |
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(2) | These rules apply to transitional family law cases |
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(3) | Pleadings deemed to be a notice of family claim |
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(4) | Requisition deemed to be a notice of family claim |
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(5) | Petition |
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(6) | Appearance and statement of defence deemed to be a response to family claim |
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(7) | Appearance deemed to be a response to petition |
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(8) | Counterclaim and third party notice deemed to be counterclaim |
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(9) | Response to counterclaim |
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(10) | Unserved writ of summons |
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(11) | Demand for amendment |
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(12) | Party must amend |
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(13) | Failure to amend |
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(14) | No demand if final relief has been given |
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(15) | Address for service |
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(16) | Step in ongoing proceeding |
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(17) | Trial management conference |
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(18) | Court may decide |
| Rule 23-2 — Family Law Act Transitional Provisions |
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(1) | Transitional references |
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(2) | Documents filed before March 18, 2013 |
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(3) | Reports prepared before March 18, 2013 |
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(4) | References to non-final orders in documents filed before March 18, 2013 |
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(5) | Court may decide |
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(6) | Parental support |
| Appendix A — Forms |
| Appendix B — Costs |
| Appendix C — Fees |