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| B.C. Reg. 169/2009 O.C. 303/2009 | Deposited July 7, 2009 effective July 1, 2010 |
[Last amended March 6, 2024 by B.C. Reg. 28/2024]
Part 15 — Court Orders and Their Enforcement
(1) Unless these Supreme Court Family Rules otherwise provide, an order must be in the following form:
(a) if the order is a final order,
(i) in Form F33 if the order changes, suspends or terminates a final order and is made by consent,
(ii) in Form F51 if the order changes, suspends or terminates a final order and is not made by consent,
(iii) in Form F34 if the order is made under Rule 10-8 without notice and without a hearing, or
(iv) in Form F52 in any other case;
(b) if the order is not a final order and is made without a hearing and by consent, in Form F33;
(c) if the order is not a final order and is made under Rule 10-8 without notice and without a hearing, in Form F34;
(d) Repealed. [B.C. Reg. 133/2012, s. 20 (b).]
(d.1) if the order is a protection order under section 183 of the Family Law Act, in Form F54;
(d.2) if the order terminates a protection order under section 187 of the Family Law Act, in Form F54.1;
(d.3) if the order is a restraining order under section 46 of the Family Maintenance Enforcement Act, in Form F54.2;
(d.4) if the order is made under Rule 7-1 (15) at a judicial case conference, in Form F51.1;
(d.5) if the order is made under Rule 14-3 (9) at a trial management conference, in Form F51.2;
(e) for any order not referred to in paragraph (a), (b), (c), (d.1), (d.2), (d.3), (d.4) or (d.5), in Form F51.
[en. B.C. Reg. 119/2010, Sch. B, s. 19; am. B.C. Regs. 133/2012, s. 20 (a) and (b); 104/2015, s. 1 (a); 149/2022, Sch. 2, s. 2; 176/2023, Sch. 2, s. 18.]
(2) A protection order under section 183 or 187 of the Family Law Act, or a restraining order under section 46 of the Family Maintenance Enforcement Act, must not include any provisions respecting matters that are not directly related to the matters set out in those sections.
[en. B.C. Reg. 133/2012, s. 20 (c).]
(2.1) If the court makes a protection order under section 183 of the Family Law Act, the registrar must, as soon as possible,
(a) provide a copy to the protection order registry,
(b) arrange service on, or provide a copy to, the party against whom the protection order is made, as follows:
(i) if that party is present when the order is made, provide the party with the protection order;
(ii) if that party is not present when the order is made, arrange for the personal service of the protection order on that party within British Columbia;
(iii) if the registry is unable to arrange service under subparagraph (ii) or that party is evading service, notify the person who applied for the order of that fact and that the person is now responsible for service, and
(c) provide a copy to the person who applied for the order.
[en. B.C. Reg. 149/2022, Sch. 2, s. 3.]
(2.2) If a party against whom a protection order is made is not present when the order is made, the party who applied for the order must provide the registry with information about the location of the party against whom the order is made for the purposes of the registry arranging service under subrule (2.1) (b) (ii).
[en. B.C. Reg. 149/2022, Sch. 2, s. 3.]
(2.3) If the court changes a term or condition of an existing protection order, including by extending the term of the protection order, the court must terminate the existing protection order and make a new protection order.
[en. B.C. Reg. 149/2022, Sch. 2, s. 3.]
(2.4) If the court terminates a protection order, the registrar must, as soon as possible, provide a copy of the termination order to the protection order registry and to all parties.
[en. B.C. Reg. 149/2022, Sch. 2, s. 3.]
(3) An order of the court
(a) subject to subrules (16) and (16.1), may be drawn up by any party,
(b) subject to subrules (3.3) and (4) and paragraph (c) of this subrule, must, unless the court otherwise orders or the order is one referred to in subrule (1) (d.1), (d.2) or (d.3), be approved in writing by all parties or their lawyers,
(c) need not be approved by a party who has not consented to it and who did not attend or was not represented at the trial or hearing following which the order was made, and
(d) after approval under this rule, must be left with a registrar to have the seal of the court affixed.
[am. B.C. Regs. 121/2014, s. 9; 104/2015, s. 1 (b); 149/2022, Sch. 2, s. 4.]
(3.1) If an order of the court must be approved in writing by a party or the party's lawyer, the party who draws up the order must serve the order on that party along with signing instructions in Form F32.1.
[en. B.C. Reg. 149/2022, Sch. 2, s. 5.]
(3.2) A party who is served with an order under subrule (3.1) or the party's lawyer must, within 14 days after being served,
(a) if the party or lawyer approves the terms of the order, sign the order and return it to the party who drew up the order, or
(b) if the party or lawyer disagrees with the accuracy of the terms of the order, deliver to the party who drew up the order a written objection that sets out in detail the reasons why the terms of the order are not accurate.
[en. B.C. Reg. 149/2022, Sch. 2, s. 5.]
(3.3) If a party who is served with an order under subrule (3.1) or the party's lawyer does not return the approved order or deliver a written objection within the time limit set out in subrule (3.2), the order need not be approved by that party or that party's lawyer.
[en. B.C. Reg. 149/2022, Sch. 2, s. 5.]
(3.4) The registrar may enter an order that has not been approved by a party or the party's lawyer if the party who drew up the order files
(a) proof of service on the party of the order and the signing instructions referred to in subrule (3.1),
(b) proof that the party who was served with the order or that party's lawyer did not return the approved order, or deliver a written objection, within the time limit set out in subrule (3.2), and
(c) a requisition in Form F17 requesting entry of the order.
[en. B.C. Reg. 149/2022, Sch. 2, s. 5.]
(4) If an order is signed or initialled by the presiding judge or associate judge, that order need not be approved in writing by a lawyer or by a party.
[am. B.C. Reg. 277/2023, Sch. 3, s. 5.]
(5) If an order has been made substantially in the same terms as requested, and if the court endorses the notice of application, petition or other document to show that the order has been made or made with any variations or additional terms shown in the endorsement, it is not necessary to draw up the order, but the endorsed document must be filed.
(6) If an order may be entered on the filing of a document, the party seeking entry of the order must file the document when leaving the draft order with a registrar, and the registrar must examine the document and, if satisfied that it is sufficient, must enter the order accordingly.
(7) If a person who has obtained an order on condition does not comply with the condition, the person is deemed to have abandoned the order so far as it is beneficial to the person and, unless the court otherwise orders, any other person interested in the family law case may take either the steps the order may warrant or the steps that might have been taken if the order had not been made.
(8) An order of a single judge or associate judge is an order of the court.
[am. B.C. Reg. 277/2023, Sch. 3, s. 5.]
(9) An order
(a) must be dated as of the date on which it was pronounced or, if made by a registrar, as of the date on which it is signed by the registrar, and
(b) unless the court otherwise orders, takes effect on the day of its date.
(10) An order may be approved by any judge.
(11) A consent order must not be entered unless the consent of each party affected by the order is signified as follows:
(a) if the party is represented by a lawyer, by the signature of the lawyer;
(b) if the party is not represented by a lawyer,
(i) by the oral consent of the party who attends before the court or a registrar, or
(12) An order must be settled, when necessary, by a registrar, who may refer the draft to the judge or associate judge who made the order.
[am. B.C. Reg. 277/2023, Sch. 3, s. 5.]
(13) A party may file an appointment in Form F55 to settle an order and must, at least one day before the time fixed by the appointment, serve on all parties whose approval of the order is required under subrule (3) the following documents:
(a) a copy of the filed appointment;
(c) any written objections to the draft order that have been delivered to the party.
[en. B.C. Reg. 149/2022, Sch. 2, s. 6.]
(14) If a party fails to attend at the time appointed for the settlement of an order, a registrar may settle the order in the party's absence.
(15) The court may review and vary the order as settled.
(16) The court may direct a registrar to draw up and enter an order.
(16.1) Unless the court otherwise orders, an order referred to in subrule (1) (d.1) or (d.2) must be drawn up and entered by a registrar.
[en. B.C. Reg. 104/2015, s. 1 (c).]
(17) The court may give special directions respecting the entry or service of an order.
(18) The court may at any time correct a clerical mistake in an order or an error arising in an order from an accidental slip or omission, or may amend an order to provide for any matter that should have been but was not adjudicated on.
(19) The opinion, advice or direction of the court must be entered in the same manner as an order of the court and is to be termed a "judicial opinion", "judicial advice" or "judicial direction", as the case may require.
(20) When making an order under these Supreme Court Family Rules, the court may impose terms and conditions and give directions it considers will further the object of these Supreme Court Family Rules.
(0.1) This rule does not apply to a divorce under Part 2 of the Civil Marriage Act (Canada).
[en. B.C. Reg. 4/2016, s. 2.]
(1) A divorce order must not be granted unless the court is satisfied that no earlier divorce proceeding is ongoing anywhere in Canada.
(2) If a claim is made for divorce together with one or more other claims, the court may do one or more of the following:
(a) grant a divorce and direct that an order for divorce alone be entered;
(b) adjourn the hearing of the claim for divorce;
(c) grant judgment on the other claims and direct that a separate order dealing with them be entered;
[Rule 15-1 (1) (a) (iv) provides that the form of a divorce order must be in Form F52.]
(3) The certificate of divorce referred to in section 12 (7) of the Divorce Act must be in Form F56 and may be signed and issued by the registrar.
(4) Unless the court otherwise orders, a party who has submitted for entry an order for divorce must, promptly after the order is entered,
(a) serve a copy of the entered order on each of the parties who has an address for service, and
(b) if any of the parties does not have an address for service, mail a copy of the entered order to that party's last known address.
Rule 15-2.1 — Guardianship Orders
(1) When an order is sought appointing a person as the guardian of one or more children, the applicant must
(a) file with the court an affidavit in Form F101 that complies with subrule (4) and serve a copy of that filed affidavit on the other parties and on any other person who may be affected by the orders sought, and
(b) provide to the court any other evidence the court considers necessary.
[A person who is a guardian within the meaning of section 39 of the Family Law Act does not need to apply for guardianship and does not need to file the Form F101 affidavit referred to above.]
[en. B.C. Reg. 41/2013, s. 8.]
(2) The court may make an interim order for guardianship without an affidavit in Form F101 having been filed if the court is satisfied that it is in the best interests of the child that an interim guardianship order be made before that affidavit is filed.
[en. B.C. Reg. 41/2013, s. 8.]
(3) An interim order under subrule (2) must expire within 90 days after the date of pronouncement unless renewed by the court.
[en. B.C. Reg. 41/2013, s. 8.]
(4) Unless the court otherwise orders,
(a) an affidavit referred to in subrule (1) must be sworn or affirmed
(i) not more than 28 days before the date set for the hearing at which the order referred to in that subrule is sought, or
(ii) if the order is sought without a hearing, not more than 7 days before the date on which the materials in support of the application are filed, and
(b) any records check, criminal records check or protection order records check attached as an exhibit to the affidavit must be dated
(i) not more than 60 days before the date set for the hearing at which the order referred to in subrule (1) is sought, or
(ii) if the order is sought without a hearing, not more than 60 days before the date on which the materials in support of the application are filed.
[en. B.C. Reg. 41/2013, s. 8.]
(5) Unless the court otherwise orders, if the swearing or affirmation of, and the date of the record checks exhibited to, a Form F101 affidavit referred to in subrule (1) are in compliance with the requirements of subrule (4) (a) (i) and (b) (i), as those requirements relate to the date originally set for the hearing at which the order referred to in subrule (1) is sought, the following apply if that hearing is adjourned:
(a) if the hearing is adjourned to a date that is not more than 14 days after the date originally set for the hearing, the following apply:
(i) if there has been no material change in any of the information contained in the Form F101 affidavit, the applicant may rely on that affidavit whether or not it complies with the requirements of subrule (4) (a) (i) and (b) (i) in relation to the new date set for the hearing;
(ii) if there has been a material change in any of the information contained in the Form F101 affidavit, the applicant must promptly file a new affidavit setting out the material change and serve a copy of that filed new affidavit on each of the parties and on every other person who may be affected by the orders sought;
(b) if the hearing is adjourned to a date that is more than 14 days after but not more than 6 months after the date originally set for the hearing, the applicant must, at least 7 days before the new date set for the hearing,
(i) if there has been no material change in any of the information contained in the Form F101 affidavit, file a new affidavit confirming that fact and serve a copy of that filed new affidavit on each of the parties and on every other person who may be affected by the orders sought, or
(ii) if there has been a material change in any of the information contained in the Form F101 affidavit, file a new affidavit setting out the material change and serve a copy of that filed new affidavit on each of the parties and on every other person who may be affected by the orders sought;
(c) if the hearing is adjourned to a date that is more than 6 months after the date originally set for the hearing, the applicant must, at least 14 days before the new date set for the hearing, file a new affidavit in Form F101 that complies with the requirements of subrule (4) (a) (i) and (b) (i) in relation to the new date set for the hearing and serve a copy of that filed new affidavit on each of the parties and on every other person who may be affected by the orders sought.
[en. B.C. Reg. 41/2013, s. 8.]
Rule 15-2.2 — Orders for Corollary Relief in Divorce Proceedings
(1) In this rule, "corollary relief proceeding" means a proceeding in which either or both former spouses are seeking any of the following orders under the Divorce Act:
[en. B.C. Reg. 208/2020, s. 4.]
(2) Each party to a corollary relief proceeding must file a statement of information for corollary relief proceedings in Form F102 before a child support order, spousal support order or parenting order is made.
[en. B.C. Reg. 208/2020, s. 4.]
(3) If a party to a corollary relief proceeding has filed Form F102 and the information contained in the form is no longer accurate, the party must file a new Form F102 that contains accurate information before a child support order, spousal support order or parenting order is made.
[en. B.C. Reg. 208/2020, s. 4.]
(4) Nothing in subrule (2) or (3) restricts the court from making an order in a corollary relief proceeding if a Form F102 has not been filed.
[en. B.C. Reg. 208/2020, s. 4.]
Rule 15-2.3 — Orders Under Part 1 of the Family Orders and Agreements Enforcement Assistance Act (Canada)
(1) An application under section 7 of the Family Orders and Agreements Enforcement Assistance Act (Canada) must meet the requirements of section 8 or 9 of that Act, as the case may be, including, in the case of an application made by an individual without notice, the requirement that the application be accompanied by
(a) the results of a recent criminal record check in respect of the individual, and
(b) an affidavit that meets the requirements of section 8 (1) (a), (2) and (3) (b) or 9 (1) (a), (2) and (3) (b) of that Act.
[en. B.C. Reg. 219/2023, Sch. 1, s. 2.]
(2) On an application under section 7 of the Family Orders and Agreements Enforcement Assistance Act (Canada) for an order under section 10 of that Act, the court may consider the following:
(a) in the case of an application made by an individual without notice, whether or not to make an order under section 11 of that Act requiring that the federal minister not send to the person referred to in section 8 (2) (a) or 9 (2) (a) of that Act, as the case may be, a copy of the order that authorizes the making of the application and a notice informing the person that information will be released;
(b) in the case of an application that is in relation to the establishment or variation of a support provision or enforcement of a family provision, as those terms are defined in that Act,
(i) whether or not to authorize, without further order of the court, the disclosure under section 13 (3) of that Act of any information received by the court as a result of the order to the parties or any other person, service or body or official of the court that it considers appropriate, and
(ii) if disclosure of information is authorized, whether or not to make an order under section 13 (3) of that Act to protect the confidentiality of the information.
[en. B.C. Reg. 219/2023, Sch. 1, s. 2.]
(3) Despite Rule 10-9 (7), in the case of an application under section 7 of the Family Orders and Agreements Enforcement Assistance Act (Canada) that is made by an individual without notice, the court may order that the requirement under Rule 10-9 (7) to serve the materials referred to in that provision does not apply.
[en. B.C. Reg. 219/2023, Sch. 1, s. 2.]
Rule 15-3 — Extra-Provincial Orders
(1)-(3) Repealed. [B.C. Reg. 208/2020, s. 5.]
(4) If an order that has legal effect throughout Canada under section 20 (2) of the Divorce Act is made by a court other than the Supreme Court, the order may be registered without fee by filing a certified copy of the order in the Victoria Registry of the Supreme Court.
[Section 20 of the Divorce Act refers to any order for support or custody made under that Act.]
(5) The registrar of the court must, on request or if the court is required to do so by section 17 (11) of the Divorce Act, and without a fee, send a certified copy of a support order, parenting order, contact order or change order made by the court
(a) to the registrar of a court in another province or to any person holding an equivalent position to that of registrar in relation to that court,
(b) to a public welfare organization in another province, or
(c) to any person designated by the Attorney General of another province.
[am. B.C. Reg. 208/2020, s. 6.]
(6) A support order made by the court or registered under subrule (4) may be filed in and enforced by the Provincial Court as if it were contained in an order of that court made under the Family Law Act.
[am. B.C. Reg. 133/2012, s. 5.]
Rule 15-4 — Enforcement of Orders
(1) An order for the payment of money to a person may be enforced by writ of seizure and sale in Form F57.
(2) An order for the payment of money into court may be enforced by writ of sequestration in Form F58.
(3) An order for the recovery or the delivery of the possession of land may be enforced by writ of possession in Form F59.
(4) An order for the recovery or the delivery of the possession of any property other than land or money may be enforced by writ of delivery in Form F60 or F61or by writ of sequestration in Form F58.
(5) An order may be enforced by the appointment of a receiver under Rule 12-2.
(6) A person not a party to a family law case, who obtains an order or in whose favour an order is made, may enforce the order in the same manner as if the person were a party to the family law case, and an order that may be enforced against a person not a party to a family law case may be enforced against that person as if that person were a party to the family law case.
[am. B.C. Reg. 28/2024, Sch. B, s. 21 (a).]
(7) If a mandatory order or an order for the specific performance of a contract is not obeyed, the court, in addition to or instead of proceeding against the disobedient person for contempt, may direct that the act required to be done may be done so far as is practicable by the person who obtained the order, or by some other person appointed by the court, at the expense of the disobedient person, and on the act being done, the expenses incurred may be ascertained in such manner as the court may direct, and execution may issue for the amount so ascertained and costs.
(8) If an order is to the effect that a person (the "entitled person") is entitled to relief subject to or on compliance with a condition or the happening of a contingency, the entitled person, after compliance with the condition or the happening of the contingency, and after demand is made on the person against whom the entitled person is entitled to relief, may apply to the court for leave to issue execution.
[en. B.C. Reg. 28/2024, Sch. B, s. 21 (b).]
(9) The court, if satisfied that the right to relief referred to in subrule (8) has arisen, may
(a) order that execution issue, or
(b) direct that any issue or question necessary for the determination of the rights of the persons be tried.
(10) If a change has taken place, by death or otherwise, in the persons entitled or liable to execution, the person claiming to be entitled to execution may apply to the court for leave to issue execution, and the court may order
(a) that execution may issue, or
(b) that any issue or question necessary to determine the rights of the person be tried.
(11) A writ of execution must not issue without the production to the registry of a copy of the order on which the writ is to issue.
(12) A writ of execution must be endorsed with the name and address of the lawyer or person causing it to be issued.
(13) A writ of sequestration, a writ of possession or a writ of delivery must not be issued unless there has been filed proof satisfactory to a registrar that,
(a) in the case of an order, the order sought to be enforced
(i) has been served on the person against whom the order is sought to be enforced, and
(ii) has not been complied with, or
(b) in the case of a document, issued under an enactment, that on being filed in the court may be enforced as if it were an order of the court, the document
(i) has been filed in the court,
(ii) has, before or after being filed in the court, been served in accordance with the enactment or these Supreme Court Family Rules on the person against whom the order is sought to be enforced, and
(14) If the order sought to be enforced is for the payment of money within a specified period, a writ of execution must not be issued until the expiration of the period.
(15) Subject to these Supreme Court Family Rules or an order of the court, a writ of execution may be issued by a registrar at any time during the lifetime of the order sought to be enforced.
(16) A writ of execution must be prepared by the person seeking to enforce the order or by the person's lawyer, must be sealed by a registrar and is, after that, deemed to be issued.
(17) The person seeking to enforce the order or the person's lawyer, on presenting a writ of execution for sealing, must provide a copy of the writ of execution to the registry.
(18) A writ of execution, if unexecuted, remains in force for one year only, unless renewed.
(19) At any time before the expiration of a writ of execution, or a renewed writ of execution, the writ of execution may, on the application of the party issuing the writ of execution, be renewed for a one year period beginning on the date of the renewal.
(20) An application to renew a writ of execution may be heard by
(21) A renewed writ of execution must be endorsed, by the court or a registrar, with the date of the order granting renewal and the date of the renewal.
(22) Unless the court otherwise orders, a party who is entitled to enforce an order is entitled to the costs, fees and expenses of enforcement including proceedings under the Court Order Enforcement Act, this rule and Rules 15-6 and 15-7.
(23) Subject to subrule (24) of this rule, if these Supreme Court Family Rules provide or some other enactment provides that enforcement costs may be included in the amount endorsed on any writ of execution, a registrar may fix the amount to be endorsed on the writ of execution.
(24) If a judgment debtor alleges that the judgment debtor has satisfied an order for the payment of money or otherwise, whether or not the costs of enforcement and interest on those costs have been paid,
(a) either the judgment creditor or the judgment debtor may apply to have the costs of enforcement assessed before a registrar, and Rule 16-1 applies, or
(b) the judgment debtor may apply to the registrar for an accounting.
[am. B.C. Reg. 28/2024, Sch. B, s. 21 (c).]
(25) On an accounting referred to in subrule (24) (b) of this rule, Rule 18-1 applies and a registrar may certify one or more of the following:
(a) the amount, if any, then due to the judgment creditor;
(b) the amount, if any, then due to the judgment debtor as a result of an overpayment;
(26) A certificate under subrule (25) (c) of this rule has the same effect as if it were an order under subrule (30).
(27) On an order granting relief and costs, there may be, at the election of the person entitled, either one writ of execution or separate writs of execution for the relief granted and for the recovery of the costs.
(28) If an order for the recovery of property other than land or money is to be enforced by writ of delivery, the court may, on the application of the judgment holder,
(a) order that execution issue for the delivery of the property without giving the other party the option of retaining the property on paying the assessed value, and
(b) if the property cannot be found, and unless the court otherwise orders, order that the sheriff take possession of all the other party's lands, goods and chattels
(i) until the other party delivers the property, or
(ii) at the option of the judgment holder, until the sheriff realizes from the other party's goods and chattels the assessed value of the property.
(29) A debtor may require, as a condition of paying a money judgment, that the judgment creditor promptly execute, file and serve an acknowledgment of payment in Form F62.
(30) If a judgment debtor claims to have paid the judgment but has not obtained an acknowledgment of payment from the judgment creditor, the debtor may apply to the court for an order certifying that the judgment has been paid.
(31) The court may, at or after the time of making an order,
(a) stay the execution of the order until such time as it thinks fit, or
(b) provide that an order for the payment of money be payable by instalments.
(32) Unless the court in an order under subrule (31) (b) otherwise provides, if an instalment is not paid by the time fixed for payment, the balance of the money remaining unpaid under the order is, at that time, due and payable without notice being given to the judgment debtor.
(33) Without limiting subrule (31), a party against whom an order has been made may apply to the court for a stay of execution or other relief on grounds with respect to which the supporting facts arose too late for them to be pleaded, and the court may give relief it considers will further the object of these Supreme Court Family Rules.
(34) A sheriff, judgment creditor or judgment debtor may apply to the court for directions under Rule 15-8 concerning the sale of any property taken in execution.
(35) If a certificate under Rule 16-1 (25), 16-2 (7) or 18-1 (2) has been filed, it may be enforced as if it were an order of the court.
[en. B.C. Reg. 119/2010, Sch. B, s. 20; am. B.C. Reg. 133/2012, s. 21, as en. by B.C. Reg. 67/2013, s. 1 (e).]
Rule 15-5 — Compelling a Debtor under the Family Maintenance Enforcement Act to Appear in Court
(1) A summons under section 19 or 22 of the Family Maintenance Enforcement Act requiring a debtor to appear at a default hearing or a show cause hearing must be in Form F63.
(2) A summons under section 23 of the Family Maintenance Enforcement Act requiring a debtor to appear at a committal hearing must be in Form F64.
(3) An arrest warrant under the Family Maintenance Enforcement Act must be in Form F65.
Rule 15-6 — Subpoena to Debtor
(1) A creditor who has obtained an order of the court for the recovery or payment of money or costs or both may issue out of the registry a subpoena in Form F66 on filing an affidavit showing that the order is not satisfied and that no writ of execution issued by the creditor is outstanding against the debtor.
(2) A subpoena issued under subrule (1) must be directed,
(a) if the debtor is an individual, to the debtor,
(b) if the debtor is a corporation, to an officer or director of the debtor, or
(c) if the debtor is a partnership or firm, to a person liable to execution on an order against the debtor.
(3) A subpoena issued under subrule (1) must be served at least 7 days before the date of the examination under subrule (4), and with the subpoena must be tendered any expenses the person served would be entitled to were the person required to attend the court as a witness.
[am. B.C. Reg. 28/2024, Sch. B, s. 22 (a).]
(4) The examination referred to in a subpoena issued under subrule (1) must take place before an examiner and must be on oath as to the following matters:
(a) the income and property of the debtor;
(b) the debts owed to and by the debtor;
(c) the disposal the debtor has made of any property;
(d) the means the debtor has, or has had, or in future may have, of satisfying the order.
(5) The examiner must be
(c) a registrar designated as an examiner by the Chief Justice.
[am. B.C. Reg. 277/2023, Sch. 3, s. 1.]
(6) At an examination under this rule, the creditor and the person subpoenaed may, with leave of the examiner, call witnesses who may be cross-examined.
(7) The examiner may adjourn an examination under this rule from time to time.
(8) If the person subpoenaed under subrule (1)
(a) does not attend as required at the examination under subrule (4) or an adjournment of it,
(b) refuses to be sworn or to affirm, or to answer one or more of the questions put to the person,
(c) after an order to that effect, refuses or neglects to produce or permit to be inspected any document or property, or
(d) does not give answers that are to the satisfaction of the examiner,
then
(e) if the examiner is an associate judge or registrar,
(i) in the case of default under paragraph (a), the examiner must make a report in Form F67 and fix a time and place at which the creditor may attend before the court, and at that time and place the court may, at the request of the creditor and without notice to the person subpoenaed, order
(B) apprehension under Rule 21-7 (5), and
(ii) in the case of default under paragraph (b), (c) or (d) of this subrule, the examiner must make a report in Form F67 and fix a time and place for the person subpoenaed to attend before the court, and at that time and place the court may, at the request of the creditor and without further notice to the person subpoenaed, order
(B) apprehension under Rule 21-7 (5), or
(f) if the examiner is the court, the examiner may order committal.
[am. B.C. Reg. 277/2023, Sch. 3, s. 1.]
(9) If the creditor who issued a subpoena fails to attend at the examination under subrule (4), or if the examiner is of the opinion that the proceedings are unnecessary or vexatious, the examiner may order the creditor to pay to the person subpoenaed a sum of money by way of compensation and may order that sum to be paid promptly or to be set off against the debt.
(10) If it appears to the examiner that
(a) the debtor has, with intent to defraud the creditor, made or caused to be made any gift, delivery or transfer of property, or has removed or concealed property,
(b) the debtor has unreasonably neglected or refused to pay the debt in whole or in part or to pay any instalment ordered to be paid, or
(c) the debtor is a corporation and the person subpoenaed has done, authorized, permitted or acquiesced in an act or omission described in paragraph (a) or (b),
then
(d) if the examiner is an associate judge or registrar, the examiner may make a report of the examiner's findings and fix a time and place for the person subpoenaed to attend before the court, and at that time and place the creditor may apply without notice for committal, or
(e) if the examiner is the court, the examiner may order committal.
[am. B.C. Reg. 277/2023, Sch. 2, s. 1.]
(11) At an examination under this rule, the examiner may make one or more of the following orders:
(a) for the payment of the debt by instalments;
(b) for the payment of the debt on or before a fixed date;
(c) varying or rescinding any previous order;
(d) for payment to be made to a registrar, to the creditor or to the creditor's lawyer;
(e) fixing the costs payable by the debtor without assessment,
and if the examiner is an associate judge or registrar, the order has the effect of an order made by the court and must be entered accordingly.
[am. B.C. Reg. 277/2023, Sch. 3, s. 1.]
(12) If a debtor fails to pay in accordance with an order made under subrule (11) by an examiner, the creditor may file a notice of application for committal in Form F68 on filing an affidavit showing that the default has occurred, and subrules (2) and (3) apply.
(13) The court may order committal of a debtor if satisfied that
(a) the order to pay has not been obeyed,
(b) the debtor knew of the order, and
(c) the debtor has not shown good cause why an order of committal should not be made against the debtor.
[am. B.C. Reg. 28/2024, Sch. B, s. 22 (b) and (c).]
(14) The court may fix the costs payable by the debtor without assessment.
(15) An order of committal must be in Form F69 and must commit the person named in it to prison for a term not exceeding 40 days.
(16) An order of committal must not be enforced after the expiration of one year after the date the order was made.
(17) A creditor seeking to enforce an order of committal must pay to the sheriff for the maintenance of the person committed the sum of $10 per day for each day of imprisonment by weekly payments of $70 in advance.
(18) The maintenance money paid by a creditor under subrule (17) is a disbursement recoverable by the creditor from the debtor as costs of execution, without order.
(19) Subject to subrule (21), a sheriff or peace officer executing an order of committal must promptly bring the person arrested before the court, and the person arrested may be examined by the court, and if the court considers that imprisonment is not appropriate, the court may stay execution of the order of committal and, in that event, must
(a) fix a time and place for a hearing to determine whether or not the order of committal should be set aside or varied, and
(b) give directions for notice of that hearing to be given to the creditor.
(20) A person who is the subject of an order of committal may apply to the court to set aside or vary the order, and the court may order a stay of execution of the order pending the hearing of the application and give directions for service of notice of the hearing.
(21) A person who is the subject of an order of committal may pay the amount payable endorsed on the order either to a registrar or to the sheriff, peace officer or warden in whose custody the person is.
[am. B.C. Reg. 28/2024, Sch. B, s. 22 (d).]
(22) On payment under subrule (21) to a registrar of the amount payable, the registrar must issue a receipt to that effect.
(23) On payment under subrule (21) to any of them of the amount payable or on being shown a registrar's receipt to that effect, a sheriff, peace officer or warden must release the person committed from custody and must endorse the order accordingly and return it to the registry.
(24) All money received under this rule must be paid promptly to the creditor.
(25) A creditor who has obtained an order of committal may file in the registry a requisition in Form F17 requesting discharge of the person committed, and a registrar must endorse the requisition and a copy with the words "This is your authority to discharge ...................[name].............................. from custody" above the registrar's signature, and, on being shown the copy of the requisition, a sheriff, peace officer or warden must release the person committed from custody and must endorse the order accordingly and return it to the registry.
(26) A sheriff who has not received maintenance money as provided in subrule (17) must,
(a) if the person committed is in the sheriff's custody, release the person committed, or
(b) if the person committed is in the warden's custody, notify the warden, who must release the person committed,
and each must endorse the order accordingly and return it to the registry.
(27) Imprisonment under these Supreme Court Family Rules does not extinguish the liability imposed by an order.
(28) Repealed. [B.C. Reg. 119/2010, Sch. B, s. 21.]
Rule 15-7 — Examinations in Aid of Execution
(1) In this rule:
"judgment creditor" means a person entitled to enforce an order of the court, whether for payment of money or otherwise;
"judgment debtor" means a person against whom the order may be enforced.
(2) If a judgment creditor is entitled to issue execution on or otherwise enforce an order of the court, the judgment creditor may examine the judgment debtor for discovery as to
(a) any matter pertinent to the enforcement of the order,
(b) the reason for nonpayment or nonperformance of the order,
(c) the income and property of the judgment debtor,
(d) the debts owed to and by the judgment debtor,
(e) the disposal the judgment debtor has made of any property either before or after the making of the order,
(f) the means the judgment debtor has, or has had, or in future may have, of satisfying the order, and
(g) whether the judgment debtor intends to obey the order or has any reason for not doing so.
(3) An officer or director of a corporate judgment debtor, or a person liable to execution on the order in the case of a partnership or firm judgment debtor, may, without an order, be examined for discovery on the matters set out in subrule (2).
(4) Unless the court otherwise orders, a person examined under subrule (2) or (3) must not be further examined in the same family law case for a year.
(5) On being satisfied that any other person may have knowledge of the matters set out in subrule (2), the court may order that other person to be examined for discovery concerning the person's knowledge.
[am. B.C. Reg. 119/2010, Sch. B, s. 22.]
(6) If a difficulty arises in or about the execution or enforcement of an order, the court may make any order for the attendance and examination of a party or person it considers will further the object of these Supreme Court Family Rules.
(7) Rule 9-2 (4), (5), (10), (11), (12) (a) and (b), (13) and (15) to (24) applies to an examination under this rule.
(8) Any part of an examination for discovery under this rule may be given in evidence in the same or any subsequent proceeding between the parties to the proceeding or between the judgment creditor and the person examined for discovery.
(9) Unless the court otherwise orders, the party conducting an examination under this rule is entitled to recover the costs of the examination from the judgment debtor.
Rule 15-8 — Sales by the Court
(1) If in a family law case it appears necessary or expedient that property be sold, the court may order the sale and may order a person in possession of the property or in receipt of the rents, profits or income from it to join in the sale and transfer of the property and deliver up the possession or receipt to the purchaser or person designated by the court.
(2) If an order is made directing property to be sold, the court may permit any person having the conduct of the sale to sell the property in the manner the person considers appropriate or as the court directs.
(3) The court may give directions for the purpose of effecting a sale, including directions
(a) appointing the person who is to have conduct of the sale,
(b) fixing the manner of sale, whether by contract conditional on the approval of the court, private negotiation, public auction, sheriff's sale, tender or some other manner,
(c) fixing a reserve or minimum price,
(d) defining the rights of a person to bid, make offers or meet bids,
(e) requiring payment of the purchase price into court or to trustees or to other persons,
(f) settling the particulars or conditions of sale,
(g) obtaining evidence of the value of the property,
(h) fixing the remuneration to be paid to the person having conduct of the sale and any commission, costs or expenses resulting from the sale,
(i) that any conveyance or other document necessary to complete the sale be executed on behalf of any person by a person designated by the court, and
(4) A person having conduct of a sale may apply to the court for further directions.
(5) The result of a sale by order of the court must be certified in Form F70 by the person having conduct of the sale and that certificate must be filed promptly after completion of the sale.
(6) The person having conduct of the sale may apply to the court for a vesting order in favour of a purchaser.
(1) If costs are payable to a party under these Supreme Court Family Rules or by order, those costs must be assessed in accordance with Appendix B unless any of the following circumstances exist:
(a) the parties consent to the amount of costs and file a certificate of costs or expenses setting out that amount;
(i) the costs of the family law case be assessed as special costs, or
(ii) the costs of an application, a step or any other matter in the family law case be assessed as special costs in which event costs in relation to all other applications, steps and matters in the family law case must be determined and assessed under this rule in accordance with this subrule;
(c) the court awards lump sum costs for the family law case and fixes those costs under subrule (14) in an amount the court considers appropriate;
(d) the court awards lump sum costs in relation to an application, a step or any other matter in the family law case and fixes those costs under subrule (14), in which event costs in relation to all other applications, steps and matters in the family law case must be determined and assessed under this rule in accordance with this subrule.
[am. B.C. Reg. 133/2012, s. 22 (a).]
(2) On an assessment of special costs, a registrar must
(a) allow those fees that were proper or reasonably necessary to conduct the family law case, and
(b) consider all of the circumstances, including the following:
(i) the complexity of the family law case and the difficulty or the novelty of the issues involved;
(ii) the skill, specialized knowledge and responsibility required of the lawyer;
(iii) the amount involved in the family law case;
(iv) the time reasonably spent in conducting the family law case;
(v) the conduct of any party that tended to shorten, or to unnecessarily lengthen, the duration of the family law case;
(vi) the importance of the family law case to the party whose bill is being assessed, and the result obtained;
(vii) the benefit to the party whose bill is being assessed of the services rendered by the lawyer;
(3) The officer before whom costs are assessed is a registrar.
(4) When assessing costs under subrule (1) or (2) of this rule, a registrar must
(a) determine which disbursements have been necessarily or properly incurred in the conduct of the family law case, and
(5) If the court has made an order for costs,
(a) any party may, at any time before a registrar issues a certificate under subrule (25), apply for directions to the judge or associate judge who made the order for costs,
(b) the judge or associate judge may direct that any item of costs, including any item of disbursements, be allowed or disallowed, and
(c) the registrar is bound by any direction given by the judge or associate judge.
[am. B.C. Reg. 277/2023, Sch. 3, s. 5.]
(6) If tax is payable by a party in respect of legal services or disbursements, a registrar must, on an assessment under subrule (1) or (2), allow an additional amount to compensate for that tax as follows:
(a) if the tax is payable in respect of legal services, the additional amount to compensate for the tax must be determined by multiplying the percentage rate of the tax by the amount of costs allowed;
(b) if the tax is payable in respect of disbursements, the additional amount to compensate for the tax must be determined by multiplying the percentage rate of the tax by the monetary value of the disbursements as assessed.
(7) Subject to subrule (9), costs of a family law case must be awarded to the successful party unless the court otherwise orders.
(8) A party is not disentitled to costs merely because the party's lawyer is an employee of the party.
(9) Unless the court hearing an application otherwise orders,
(a) if the application is granted, the party who brought the application is entitled to costs of the application if that party is awarded costs at trial or at the hearing of the petition, but the party opposing the application, if any, is not entitled to costs even though that party is awarded costs at trial or at the hearing of the petition, and
(b) if the application is refused, the party who brought the application is not entitled to costs of the application even though that party is awarded costs at trial or at the hearing of the petition, but the party opposing the application, if any, is entitled to costs if that party is awarded costs at trial or at the hearing of the petition.
(10) If an entitlement to costs arises during a family law case, whether as a result of an order or otherwise, those costs are payable on the conclusion of the family law case unless the court otherwise orders.
(11) If the court orders that the parties bear their own costs, the hearing fees are to be shared equally between the parties unless the court otherwise orders or the parties otherwise agree.
(12) Nothing in subrule (11) removes from the party who filed the notice of trial the obligation to pay the hearing fees to the registry.
(13) If anything is done or omitted improperly or unnecessarily, by or on behalf of a party, the court or a registrar may order
(a) that any costs arising from or associated with any matter related to the act or omission not be allowed to the party, or
(b) that the party pay the costs incurred by any other party by reason of the act or omission.
(14) The court may award costs
(b) that relate to some particular application, step or matter in or related to the family law case, or
(c) except so far as they relate to some particular application, step or matter in or related to the family law case
and in awarding those costs the court may fix the amount of costs, including the amount of disbursements.
(15) If it is ordered that any costs are to be paid out of an estate or property, the court may direct out of what portion of the estate or property the costs are to be paid.
(16) If a party entitled to receive costs is liable to pay costs to another party, a registrar may assess the costs the party is liable to pay and may adjust them by way of deduction or set-off or may delay the allowance of the costs the party is entitled to receive until the party has paid or tendered the costs the party is liable to pay.
(17) If the costs of one respondent against a claimant ought to be paid by another respondent, the court may order payment to be made by one respondent to the other directly, or may order the claimant to pay the costs of the successful respondent and allow the claimant to include those costs as a disbursement in the costs payable to the claimant by the unsuccessful respondent.
(18) If after pronouncement of judgment a party puts another party to unnecessary proceedings or expense, a registrar, in assessing the costs of the family law case, may award costs as the registrar considers appropriate against the offending party except in relation to anything for which expenses have been ordered.
[am. B.C. Reg. 133/2012, s. 22 (b).]
(19) A bill of costs must be in Form F71.
(20) A person who seeks to have costs assessed must
(a) obtain a date for an appointment before a registrar,
(b) file an appointment in Form F55 to which is attached the bill of costs to be assessed, and
(c) at least 5 days before the date of the appointment, serve a copy of the filed Form F55 appointment and any affidavit in support in accordance with subrule (24).
(21) An appointment for assessment of costs must be taken out at the registry at which the proceeding is being conducted or at any other registry to which the parties to the appointment may agree.
(22) A registrar may order further particulars or details of a bill of costs being assessed.
(23) If a sheriff who has charged fees for services set out in Schedule 2 of Appendix C or a person affected by those fees wishes to have those fees assessed, the person seeking the assessment must
(a) obtain an appointment from a registrar in Form F55 and attach to that appointment a copy of the bill to be assessed, if available, and
(b) at least 5 days before the assessment, serve a copy of the appointment and any affidavit in support on all persons affected by the fees.
(24) A person seeking an assessment of costs must serve an appointment in Form F55 to which is attached the bill of costs, and any affidavit in support, on
(a) the person against whom costs are to be assessed, and
(b) every other person whose interest, whether in a fund or estate or otherwise, may be affected.
(25) On the conclusion of an assessment of costs, or if the party charged has consented to the amount, a registrar must, either by endorsing the original bill or by issuing a certificate of costs or expenses in Form F72, certify the amount of costs awarded, and the party assessing costs must file the certificate.
[am. B.C. Reg. 133/2012, s. 22 (c).]
(26) A party who is dissatisfied with a decision of a registrar on an assessment of costs may, within 14 days after the registrar has certified the costs, apply to the court for a review of the assessment.
(27) A bill for special costs may be rendered on a lump sum basis.
(28) A lump sum bill must contain a description of the nature of the services and of the matter involved as would, in the opinion of a registrar, afford any lawyer sufficient information to advise a client on the reasonableness of the charge made.
(29) A party to an assessment of costs may put in evidence the opinion of a lawyer as to the nature and importance of the services rendered and of the matter involved and the reasonableness of the charges made, but a party must not put in evidence the opinions of more than 2 lawyers, and a lawyer giving an opinion may be required to attend for examination and cross-examination.
(30) If the court considers that a party's lawyer has caused costs to be incurred without reasonable cause, or has caused costs to be wasted through delay, neglect or some other fault, the court may do any one or more of the following:
(a) disallow any fees and disbursements between the lawyer and the lawyer's client or, if those fees or disbursements have been paid, order that the lawyer repay some or all of them to the client;
(b) order that the lawyer indemnify the lawyer's client for all or part of any costs that the client has been ordered to pay to another party;
(c) order that the lawyer be personally liable for all or part of any costs that the lawyer's client has been ordered to pay to another party;
(d) make any other order that the court considers will further the object of these Supreme Court Family Rules.
[am. B.C. Reg. 28/2024, Sch. B, s. 23.]
(31) If the court makes an order under subrule (30), the court may
(a) direct a registrar to conduct an inquiry and file a report with recommendations as to the amount of costs, or
(b) subject to subrule (34), fix the costs with or without reference to the tariff in Appendix B.
(32) An order against a lawyer under subrule (30) or (31) must not be made unless the lawyer is present or has been given notice.
(33) A lawyer against whom an order under subrule (30) or (31) has been made must promptly serve a copy of the entered order on the lawyer's client.
[am. B.C. Reg. 28/2024, Sch. B, s. 23.]
(34) An order by the court under subrule (31) (b) in respect of the costs of an application must not exceed $1 000.
(35) If a party entitled to costs fails to assess costs and prejudices another party by failing to do so, a registrar may certify the costs of the other party and certify the failure and disallow all costs of the party in default.
(36) Unless the court otherwise orders, fees to lawyers, accountants, engineers, actuaries, valuators, merchants and other scientific persons to whom any matter or question is referred by the court must be determined by a registrar, subject to an appeal to the court.
Rule 16-2 — Assessment of Expenses
(1) If, under section 212 (2), 213 (2) (d) (i), 214 (4), 221 (2) (c) (i), 228 (1) (c) (i) or 230 (2) (b) (i) of the Family Law Act, the court orders that expenses be paid to a person,
(a) the parties may consent to the amount of expenses and file a certificate of costs or expenses in Form F72 setting out that amount,
(b) the court may award lump sum expenses and fix that lump sum in an amount the court considers appropriate, or
(c) if paragraphs (a) and (b) do not apply, those expenses must be assessed in accordance with this rule.
[en. B.C. Reg. 133/2012, s. 23.]
(2) The officer before whom expenses are assessed is a registrar.
[en. B.C. Reg. 133/2012, s. 23.]
(3) If the court makes an order for expenses,
(a) any party may, at any time before a registrar issues a certificate under subrule (7), apply for directions to the judge or associate judge who made the order for expenses,
(b) the judge or associate judge may direct that any item be allowed or disallowed as an expense, and
(c) the registrar is bound by any direction given by the judge or associate judge.
[en. B.C. Reg. 133/2012, s. 23; am. B.C. Reg. 277/2023, Sch. 3, s. 5.]
(4) A person who seeks to have expenses assessed must
(a) obtain a date for an appointment before a registrar,
(b) file an appointment in Form F55 to which is attached the list of expenses in Form F71.1, and
(c) at least 5 days before the date of the appointment, serve a copy of the filed Form F55 appointment, to which is attached the list of expenses, and any affidavit in support on
(i) the person against whom expenses are to be assessed, and
(ii) every other person whose interest, whether in a fund or estate or otherwise, may be affected.
[en. B.C. Reg. 133/2012, s. 23.]
(5) An appointment for assessment of expenses must be taken out at the registry at which the proceeding is being conducted or at any other registry to which the parties to the appointment may agree.
[en. B.C. Reg. 133/2012, s. 23.]
(6) A registrar may order further particulars or details of a list of expenses being assessed.
[en. B.C. Reg. 133/2012, s. 23.]
(7) On the conclusion of an assessment of expenses, or if the party charged has consented to the amount, a registrar must, by issuing a certificate of costs or expenses in Form F72, certify the amount of expenses awarded, and the party assessing expenses must file the certificate.
[en. B.C. Reg. 133/2012, s. 23.]
(8) A party who is dissatisfied with a decision of a registrar on an assessment of expenses may, within 14 days after the registrar has certified the expenses, apply to the court for a review of the assessment.
[en. B.C. Reg. 133/2012, s. 23.]
(9) Unless the court otherwise orders, if the court makes an order for expenses, those expenses are payable promptly after the later of
(a) the date on which a certificate for those expenses is filed under this rule, and
(b) if a review is requested under subrule (8), the date on which the amount of the expenses to be paid is confirmed by that review.
[en. B.C. Reg. 133/2012, s. 23.]
(10) If expenses are ordered in relation to a step or matter in the family law case, costs are not to be assessed in relation to that same step or matter.
[en. B.C. Reg. 133/2012, s. 23.]
Part 17 — Petition Proceedings
(1) In this rule, "petition respondent" means a person who files a response to petition under subrule (4).
(2) A person wishing to bring a family law case referred to in Rule 3-1 (3) or (4) (b) by filing a petition must file a petition in Form F73 and each affidavit in support.
Usual Procedure
(3) Unless these Supreme Court Family Rules otherwise provide or the court otherwise orders, a copy of the filed petition and of each filed affidavit in support must be served by personal service on all persons whose interests may be affected by the order sought.
(4) A person who has been served with a copy of a filed petition under subrule (3) of this rule must, if the person wishes to receive notice of the time and date of the hearing of the petition, do the following:
(a) file a response to petition in accordance with subrule (5);
(b) file, with the response to petition, all affidavits that have not already been filed and on which the person intends to rely at the hearing of the petition;
(c) unless the court otherwise orders, serve on the petitioner 2 copies, and on every other party one copy, of each document filed under paragraph (a) or (b) as follows:
(i) if the petition respondent was served with the petition anywhere in Canada, within 21 days after that service;
(ii) if the petition respondent was served with the petition anywhere in the United States of America, within 35 days after that service;
(iii) if the petition respondent was served with the petition anywhere else, within 49 days after that service.
[am. B.C. Reg. 95/2011, Sch. B, s. 3 (a).]
(5) A response to petition must be in Form F74 and must
(a) indicate, for each order sought, whether the petition respondent consents to, opposes or takes no position on the order, and
(b) if the petition respondent wishes to oppose any of the relief sought in the petition,
(i) briefly summarize the factual and legal bases on which the orders sought should not be granted,
(ii) list the affidavits and other documents on which the petition respondent intends to rely at the hearing of the petition, and
(iii) set out the petition respondent's estimate of the time the petition will take for hearing.
(6) A petitioner may file affidavits in response to any document served on the petitioner under subrule (4) (c), and, in that event, must serve copies of those filed responding affidavits on each petition respondent no later than the date on which the notice of hearing is served on that petition respondent under subrule (8) (b).
(6.1) Unless the court otherwise orders, a party may tender a report setting out the opinion of an expert if
(a) the report conforms with Rule 13-6 (1), or
(b) the court orders that the report is admissible even though it does not conform with Rule 13-6 (1).
[en. B.C. Reg. 149/2022, Sch. 2, s. 7.]
(6.2) Unless the court otherwise orders, expert reports must be served as follows:
(a) a petitioner must, at the same time that a copy of the filed petition is served on a person under subrule (3), serve on the person a copy of each expert report in support along with written notice that the expert report is being served under this rule;
(b) a petition respondent must, within 42 days after being served with a copy of the filed petition under subrule (3), serve on the petitioner and every other party a copy of each expert report of the petition respondent along with written notice that the expert report is being served under this rule;
(c) a party must, within 49 days after being served with an expert report under paragraph (b), serve on every other party a copy of the serving party's responding expert reports, if any, along with written notice that the expert reports are being served under this rule.
[en. B.C. Reg. 149/2022, Sch. 2, s. 7.]
(6.3) Rule 13-6 (2) applies to a petition proceeding.
[en. B.C. Reg. 149/2022, Sch. 2, s. 7.]
(7) Unless all parties consent or the court otherwise orders, a party must not serve any affidavits additional to those served under subrules (3), (4) and (6).
[am. B.C. Reg. 149/2022, Sch. 2, s. 8.]
(8) A petitioner wishing to set a petition down for hearing must,
(a) in the case of a petition to which no response to petition has been served under subrule (4) (c), file a notice of hearing in Form F75 at any time before the hearing of the petition, or
(b) in the case of a petition to which a response to petition has been filed and served under subrule (4) (c), file a notice of hearing in Form F75, and serve a copy of the filed notice of hearing on each petition respondent, at least 7 days before the date set for the hearing of the petition.
(9) The hearing of a petition must be set for 9:45 a.m. on a date on which the court hears petitions or at such other time or date as has been fixed by the court or a registrar.
(10) If the estimate, set out in the petition, of the time that the hearing of the petition will take is more than 2 hours, the date and time of hearing must be fixed by a registrar.
[am. B.C. Reg. 119/2010, Sch. B, s. 23 (a).]
(11) Subject to subrule (13), the petitioner must provide to the registry where the hearing is to take place a petition record as follows:
(a) the petition record must be in a ring binder or in some other form of secure binding;
(b) the petition 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 petitioner and the petition respondents;
(iii) a copy of the filed petition;
(iv) a copy of each filed response to petition;
(v) a copy of each filed affidavit that is to be referred to at the hearing;
(vi) the most current Form F102 statement of information for corollary relief proceedings, if any, filed by each party in accordance with Rule 15-2.2;
(c) the petition record may contain
(i) a draft of the proposed order,
(iii) a list of authorities, and
(d) the petition record must not contain
(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;
(e) the petition record must be provided to the registry
(i) no earlier than 9 a.m. on the business day that is three full business days before the date set for the hearing and no later than 4 p.m. on the business day that is one full business day before the date set for the hearing, or
(ii) if an earlier date is fixed by a registrar, on or before that date.
[am. B.C. Regs. 119/2010, Sch. B, s. 23 (b) and (c); 176/2023, Sch. 2, s. 19 (a) to (c).]
(11.1) The petitioner must, concurrently with the filing of the petition record under subrule (11), provide to the registry a copy of the filed petition that
(a) is kept separate from the ring binder or other form of secure binding referred to in subrule (11) (a), and
(b) clearly indicates the orders sought by way of highlighting or other marking of the relevant paragraphs of Part 1 of the copy of the filed petition.
[en. B.C. Reg. 239/2023, Sch. 2, s. 4.]
(11.2) Unless the court otherwise orders, if the petitioner fails to provide a petition record to the registry in accordance with subrule (11), the petition must be removed from the hearing list.
[en. B.C. Reg. 239/2023, Sch. 2, s. 4.]
(12) The petitioner must serve a copy of the petition record index on each petition respondent no later than 4 p.m. on the business day that is one full business day before the date set for the hearing.
[am. B.C. Regs. 119/2010, Sch. B, s. 23 (d); 176/2023, Sch. 2, s. 19 (d).]
(13) If a petition respondent intends to set an application for hearing at the same time as the hearing of the petition, the parties must, so far as is possible, prepare and file a joint petition record and agree to a date for the hearing of both applications.
(14) Unless the court otherwise orders, the applicant must retrieve the petition record
(a) at the conclusion of the hearing, or
(b) if the hearing of the petition is adjourned to a date later than the following court day, after the hearing is adjourned.
[am. B.C. Reg. 119/2010, Sch. B, s. 23 (e).]
(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 4 p.m. on the business day that is one full business day before, the new date set for the hearing of the petition.
[am. B.C. Regs. 119/2010, Sch. B, s. 9; 176/2023, Sch. 2, s. 19 (d).]
(16) If any additional affidavits are filed and served under subrule (7), the petitioner must provide to the registry an amended petition record containing those affidavits.
(16.1) To reset the hearing of a petition that has been adjourned without a date being set for it to be heard ("adjourned generally") or that has been removed from the hearing list under subrule (11.2), the petitioner must
(a) file a requisition in Form F17 setting out the following:
(i) the date and time of the hearing of the petition;
(ii) the date the petition was filed;
(iii) a brief description of the orders sought;
(iv) the petitioner's estimate of the time the petition will take for hearing;
(v) whether the orders sought are within the jurisdiction of an associate judge, and
(b) serve a copy of the filed requisition on the petition respondents at least 2 days before the date set for the hearing.
[en. B.C. Reg. 119/2010, Sch. B, s. 23 (f); am. B.C. Regs. 239/2023, Sch. 2, s. 5; 277/2023, Sch. 3, s. 1.]
(17) If the petitioner does not
(a) set the petition for hearing within a reasonable time after being requested to do so by a petition respondent, or
(b) after the hearing of the petition has been adjourned generally, reset the petition for hearing within a reasonable time after being requested to do so by a petition respondent,
a petition respondent may apply, by requisition in Form F17 on 2 days' notice, for directions.
[en. B.C. Reg. 95/2011, Sch. B, s. 3 (b).]
(18) Without limiting the court's right under Rule 10-3 (7) (d) to transfer the family law case referred to in this rule to the trial list, the court may, whether or not on the application of a party, apply any other of these Supreme Court Family Rules to a family law case referred to in this rule.
(19) A party may amend a petition or response to petition filed by the party
(a) at any time with leave of the court, and
(b) subject to Rules 8-2 (7) and (9) and 9-6 (5),
(i) once without leave of the court, at any time before service of the notice of hearing, and
(ii) at any time with the written consent of all the parties,
and for that purpose Rule 8-1 (2) to (7) applies.
[am. B.C. Reg. 119/2010, Sch. B, s. 4.]
(20) An original petition does not remain in force for more than 12 months, but if a respondent named in a petition has not been served, the court, on the application of the petitioner made before or after the expiration of the 12 months, may order that the original petition be renewed for a period of not more than 12 months.
(21) If a renewed petition has not been served on a respondent named in the petition, the court, on the application of the petitioner made during the currency of the renewed petition, may order the renewal of the petition for a further period of not more than 12 months.
(22) Unless the court otherwise orders, a renewal period ordered under subrule (20) or (21) begins on the date of the order.
(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.
Procedure Applicable to Adoptions
(24) If, in a family law case in which an order for adoption is sought, notice of an application for the order for adoption is not required, the petitioner may make that application by filing
(25) On being satisfied that the materials appropriate for an application referred to in subrule (24) have been filed in accordance with subrule (24), a registrar may refer the application to a judge or associate judge.
[am. B.C. Reg. 277/2023, Sch. 3, s. 5.]
(26) If an application is referred by a registrar to a judge or associate judge under subrule (25), the judge or associate judge may
(b) give directions respecting the application.
[am. B.C. Reg. 277/2023, Sch. 3, s. 5.]
Rule 18-1 — Inquiries, Assessments and Accounts
(1) At any stage of a family law case, the court may direct that an inquiry, assessment or accounting be held by an associate judge, registrar or special referee.
[am. B.C. Reg. 277/2023, Sch. 3, s. 1.]
(2) The court may direct that the result of an inquiry, assessment or accounting be certified by the associate judge, registrar or special referee and, in that event, the certificate, if filed under subrule (9), is binding on the parties to the family law case.
[am. B.C. Reg. 277/2023, Sch. 3, s. 6.]
(3) If the court does not direct that the result of an inquiry, assessment or accounting be certified, the result of the inquiry, assessment or accounting must be stated in the form of a report and recommendation to the court.
(4) On application by a party, the court may
(a) vary or confirm the recommendation contained in the report and recommendation referred to in subrule (3),
(b) remit the inquiry, assessment or accounting with directions, or
(c) order that the subject matter of the inquiry, assessment or accounting be determined as directed by the court.
(5) An associate judge, registrar or special referee may hold a hearing in relation to an inquiry, assessment or accounting and, in that event, may
(a) hold the hearing at a convenient time and place,
(b) adjourn the hearing from time to time, and
(c) administer oaths, take evidence, direct production of documents and give general directions for the conduct of the hearing.
[am. B.C. Reg. 277/2023, Sch. 3, s. 2.]
(6) If a party wishes to proceed with an inquiry, assessment or accounting directed by the court under subrule (1), the party must
(a) take out an appointment in Form F55, and
(b) serve notice of the appointment on all parties or as directed by the court.
(7) A party to a family law case in which an inquiry, assessment or accounting is held may subpoena any person, including a party, to give evidence at the hearing of the inquiry, assessment or accounting and to produce documents.
(8) An associate judge, registrar or special referee must state the result of an inquiry, assessment or accounting in the form of a certificate or a report and recommendation as directed under subrule (2) or (3) respectively, with or without reasons, and must
(a) provide the certificate to the party requesting the certificate, or
(b) file the report and recommendation and provide a copy to all persons who appeared at the hearing.
[am. B.C. Reg. 277/2023, Sch. 3, s. 2.]
(9) A party to whom a certificate is provided under subrule (8) (a) may file that certificate.
(10) Before the associate judge, registrar or special referee has concluded a hearing of an inquiry, assessment or accounting, the associate judge, registrar or special referee may, in a summary or other manner, ask the opinion of the court on any matter arising in the hearing.
[en. B.C. Reg. 277/2023, Sch. 2, s. 2.]
(11) A person may apply by petition for the furnishing of accounts by the executor or administrator of an estate, a trustee, a receiver, a liquidator, a guardian or a partner.
(12) The court may give special directions as to the manner in which an inquiry, assessment or accounting is to be taken or made, and the directions may include
(a) the manner in which the inquiry, assessment or accounting is to be prosecuted,
(b) the evidence to be introduced in support,
(c) the parties required to attend all or any part of the proceedings,
(d) the time within which each proceeding is to be taken, and
(e) a direction that persons whose interest can be classified constitute a class and are to be represented by the same lawyer,
and the court may fix a time for the further attendance of the parties.
(13) If the court makes a direction under subrule (12) (e) and the persons cannot agree on the lawyer to represent them, the court may appoint the lawyer to represent them.
(14) The court may vary or rescind a direction given under subrule (12).
(15) If an accounting is directed to be held, unless the court otherwise orders, the party required to account must make out that party's account and verify it by an affidavit to which the account must be exhibited.
(16) If an account is made out under subrule (15), the items on each side of the account must be numbered consecutively, and the party required to account must file the affidavit and the account referred to in that subrule and serve copies of those filed documents on all parties.
(17) A party who alleges that there are errors or omissions in an account must file and serve on all parties a notice of those errors with brief particulars.
(18) If the court makes an order directing that an inquiry, assessment or accounting be held in a proceeding relating to the sale of any property, the court may direct that notice of the order in Form F76 be served on any person interested in the property.
(19) Any person served with notice of an order in accordance with subrule (18) is, subject to subrule (21), bound by the order to the same extent as the person would have been if the person had originally been made a party to the family law case.
(20) In any case in which it appears that it is impracticable for any reason to serve a person with a notice of order under subrule (18),
(a) the court may dispense with service on the person,
(b) the court may order that that person be bound by any order made to the same extent as if the person had been served with notice of the order, and
(c) the person referred to in an order under paragraph (b) is bound by the order to the same extent as if the person had been served with notice of the order unless the order was obtained by fraud or non-disclosure of material facts.
(21) Within 28 days after service of a notice of order under subrule (18) on a person, the person may, without becoming a party to the family law case, apply to the court to vary or rescind the order.
(22) A person served with a notice of order under subrule (18) may, after filing a notice of interest in Form F77, take part in the family law case.
Rule 18-2 — Jurisdictional Disputes
(1) A party who has been served with a notice of family claim, counterclaim or petition in a family law case, whether that service was effected in or outside British Columbia, may, after filing a jurisdictional response in Form F78,
(a) apply to strike out the notice of family claim, counterclaim or petition or to dismiss or stay the family law case on the ground that the notice of family claim, counterclaim or petition does not allege facts that, if true, would establish that the court has jurisdiction over that party in respect of the claim made against that party in the family law case,
(b) apply to dismiss or stay the family law case on the ground that the court does not have jurisdiction over that party in respect of the claim made against that party in the family law case, or
(c) allege in a pleading or in a response to petition that the court does not have jurisdiction over that party in respect of the claim made against that party in the family law case.
(2) Whether or not a party referred to in subrule (1) applies or makes an allegation under that subrule, the party may apply to court for a stay of the family law case on the ground that the court ought to decline to exercise jurisdiction over that party in respect of the claim made against that party in the family law case.
(3) If a party who has been served with an notice of family claim, counterclaim or petition in a family law case, whether served in or outside British Columbia, alleges that the notice of family claim, counterclaim or petition is invalid or has expired or that the purported service of the notice of family claim, counterclaim or petition was invalid, the party may, after filing a jurisdictional response in Form F78, apply for one or both of the following:
(a) an order setting aside the notice of family claim, counterclaim or petition;
(b) an order setting aside service of the notice of family claim, counterclaim or petition.
(4) If an application is brought under subrule (1) (a) or (b) or (3) or an issue is raised by an allegation in a pleading or a response to petition referred to in subrule (1) (c), the court may, on the application of a party, before deciding the first-mentioned application or issue,
(b) give directions for the conduct of the first-mentioned application,
(c) give directions for the conduct of the family law case, and
(d) discharge any order previously made in the family law case.
(5) If, within 30 days after filing a jurisdictional response in a family law case, the filing party serves a notice of application under subrule (1) (a) or (b) or (3) on the parties or files a pleading or a response to petition referred to in subrule (1) (c),
(a) the party does not submit to the jurisdiction of the court in relation to the family law case merely by filing or serving any or all of the following:
(i) the jurisdictional response;
(ii) a pleading or response to petition under subrule (1) (c);
(iii) a notice of application and supporting affidavits under subrule (1) (a) or (b), and
(b) until the court has decided the application or the issue raised by the pleading, petition or response to petition, the party may, without submitting to the jurisdiction of the court,
(1) If an appeal or an application in the nature of an appeal from a decision, direction or order of any person or body, including the Provincial Court, is authorized by an enactment to be made to the court or to a judge, the appeal is governed by this rule to the extent that this rule is not inconsistent with any procedure provided for in the enactment.
(2) An appeal is to be started by filing in a registry a notice of appeal in Form F79 or Form F80.
(3) A notice of appeal must include
(a) the standard set of directions, in the form directed by the Chief Justice, governing the conduct of the appeal, or
(b) an application for directions as to the conduct of the appeal.
(4) If the notice of appeal includes a standard set of directions under subrule (3) (a), the appeal must be conducted in accordance with those directions unless the court otherwise orders.
(5) Unless the court otherwise directs, an application for directions under subrule (3) (b) must be set for hearing on a date that is at least 7 days after the date on which the notice of appeal is served in accordance with subrule (6).
(6) Unless the court otherwise orders, a notice of appeal must be served on
(a) the person or body that gave the decision or direction, or made the order, being appealed, and
(b) all other persons who may be affected by the order sought.
(7) The court may give directions for the proper hearing and determination of an appeal and, without limiting this, may make an order
(a) that documents, transcripts or minutes be produced,
(b) that evidence be introduced by way of affidavit, or that it be given orally,
(c) that the appeal be determined by way of stated case or argument on a point of law,
(d) prescribing time limits for taking steps in and for the hearing of the appeal, or
(e) that the appeal be disposed of summarily,
and may exercise any of the powers of the court exercisable in a petition proceeding.
(8) A person who intends to oppose an appeal must
(a) file a notice of interest in Form F77 within the following period:
(i) if the person was served with the notice of appeal anywhere in Canada, within 7 days after that service;
(ii) if the person was served with the notice of appeal anywhere in the United States of America, within 14 days after that service;
(iii) if the person was served with the notice of appeal anywhere else, within 28 days after that service, and
(b) promptly after filing the notice of interest, serve a copy of the filed notice of interest on the appellant.
[am. B.C. Reg. 95/2011, Sch. B, s. 4.]
(9) After obtaining from a registrar a date for the hearing of the appeal, if the appellant wishes to proceed with the appeal, the appellant must set the appeal for hearing on that date by
(a) filing a notice of hearing of appeal in Form F81, and
(b) serving a copy of the filed notice of hearing of appeal on all parties.
(10) An appellant may abandon an appeal by
(a) filing a notice of abandonment of appeal in Form F82, and
(b) serving a copy of the filed notice of abandonment of appeal on all parties.
Part 19 — Judgments from Other Courts
Rule 19-1 — Canadian Judgments
(1) In this rule, "Canadian judgment" has the same meaning as in the Enforcement of Canadian Judgments and Decrees Act.
(2) A person wishing to register a Canadian judgment under the Enforcement of Canadian Judgments and Decrees Act must, for the purposes of section 3 (1) (b) of that Act, file a certified English translation of the Canadian judgment if the judgment was made in a language other than English.
(1) In this rule:
"convention" means the Convention for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters, the English language version of which is set out in Schedule 4 of the Court Order Enforcement Act;
"reciprocally enforceable judgment" means a judgment that may be registered under Part 2 or 4 of the Court Order Enforcement Act.
(2) A family law case to register a reciprocally enforceable judgment must be started by petition.
(3) The application for registration of a reciprocally enforceable judgment must be supported by an affidavit
(i) a certified copy of the judgment under the seal of the original court,
(ii) if section 29 (2) of the Court Order Enforcement Act applies to the application, the certificate referred to in section 29 (3) of that Act, and
(iii) a certified translation of the judgment or certificate if made in a language other than English, and
(b) stating, to the best of the information and belief of the person swearing or affirming the affidavit,
(i) that the judgment creditor is entitled to enforce the judgment,
(ii) the amount presently owing on the judgment,
(iii) the full name, occupation and usual or last known residence or place of business of the judgment creditor and judgment debtor respectively,
(iv) whether the judgment debtor
(A) was personally served with the process of the original court,
(B) was served with the process of the original court other than by personal service, or
(C) participated in the proceeding or otherwise submitted to the jurisdiction of the original court, and
(v) that the judgment is not one that is disqualified from registration either under section 29 (6) of the Court Order Enforcement Act or under Article II, paragraph 2, or Article IV, paragraph 1, of the convention, whichever is applicable.
(4) Notice of an application to register a reciprocally enforceable judgment need not be given to the judgment debtor if
(a) the application is made under Part 4 of the Court Order Enforcement Act, or
(b) the application is made under Part 2 of the Court Order Enforcement Act and section 29 (2) of that Act applies to the application.
(5) The order to register the judgment must be in Form F83.
(6) If a reciprocally enforceable judgment is registered, and the judgment debtor had no notice of the application for registration, notice of the registration must be given to the judgment debtor within one month after the registration.
(7) The court may order that the registration of a judgment under Part 4 of the Court Order Enforcement Act be set aside if the judgment debtor was not duly served with the process of the original court, unless the judgment debtor participated in the proceeding or otherwise submitted to the jurisdiction of the original court.
(8) The court may make an order staying or limiting the enforcement of a judgment registered under Part 4 of the Court Order Enforcement Act, subject to any terms and for any period the court considers appropriate, if
(9) A respondent in a family law case on a foreign judgment, whether or not it is a reciprocally enforceable judgment, on proof that an appeal or other proceeding in the nature of an appeal is pending or the time for appeal has not expired, may apply for an order staying the family law case until the determination of the appeal or other proceeding on terms that the court may impose.
Part 20 — Special Rules for Certain Parties
(1) Two or more persons claiming to be entitled, or alleged to be liable, as partners may sue or be sued in the name of the firm in which they were partners at the time when the alleged right or liability arose.
(2) Service is effected on a firm by leaving a copy of the document to be served with
(a) a person who was a partner at the time the alleged right or liability arose, or
(b) a person at a place of business of the firm who appears to manage or control the partnership business there.
(3) A response to family claim, response to counterclaim or response to petition by a partnership must be in the name of the firm, but a partner or a person served as a partner may file a response to family claim, response to counterclaim or response to petition and defend in the person's own name, whether or not named in the notice of family claim, counterclaim or petition.
(4) If a firm is a party to a family law case, any other party may serve a notice requiring one of the partners to serve, within 10 days, an affidavit setting out the names and addresses of all persons who were partners when the alleged right or liability arose.
(5) If the affidavit requested under subrule (4) is not served, the court may order service.
(6) If an order is made against a firm, execution to enforce the order may issue against any property of the firm.
(7) Without limiting subrule (8), if an order is made against a firm, execution to enforce the order may issue against any person who
(a) filed a response to family claim, response to counterclaim or response to petition in the family law case in the person's own name as a partner,
(b) having been served with the notice of family claim, counterclaim or petition as a partner, failed to file a response to family claim, response to counterclaim or response to petition in the family law case,
(c) admitted in a pleading or affidavit that the person is a partner, or
(8) If a party who has obtained an order against a firm claims that a person who is not a person described in subrule (7) is liable to satisfy the order as being a member of the firm, the party may apply to the court for leave to issue execution against that person.
(9) If the person against whom an application under subrule (8) is made disputes liability, the court may order that the liability of the person be determined in any manner in which an issue or question in a family law case may be determined.
(10) A person carrying on business in a name or style other than the person's own name may be sued in that name or style as if it were the name of a firm, and this rule applies as if the person were a partner and the name in which the person carries on business were the name of that firm.
(1) A minor may act without a litigation guardian in a family law case in the following circumstances:
(a) in a family law case brought under the Family Law Act, if section 201 of that Act applies;
(b) in any other family law case, if the minor has attained the age of 16 years.
[en. B.C. Reg. 133/2012, s. 24 (a).]
(1.1) Rule 20-3 does not apply to a minor who may, under subrule (1) of this rule, act without a litigation guardian in a family law case.
[en. B.C. Reg. 133/2012, s. 24 (a).]
(2) Without limiting section 201 of the Family Law Act and despite subrule (1), if the court considers that it is in the interest of a minor referred to in subrule (1) or of any child of the minor, it may, whether or not on the application of a party, appoint a litigation guardian for the minor or for the child of the minor.
[am. B.C. Reg. 133/2012, s. 24 (b).]
Rule 20-3 — Persons under Disability
(1) In this rule, "committee" means the committee, appointed under the Patients Property Act, of the estate of a patient.
(2) A family law case brought by or against a person under legal disability must be started or defended by the person's litigation guardian.
[am. B.C. Reg. 28/2024, Sch. B, s. 24 (a).]
(3) Unless a rule otherwise provides, anything that is required or authorized by these Supreme Court Family Rules to be done by or invoked against a party under disability must
(a) be done on the party's behalf by the party's litigation guardian, or
(b) be invoked against the party by invoking the same against the party's litigation guardian.
[am. B.C. Reg. 28/2024, Sch. B, s. 24 (b).]
(4) A litigation guardian must act by a lawyer unless the litigation guardian is the Public Guardian and Trustee.
(5) Unless the court otherwise orders or an enactment otherwise provides, a person ordinarily resident in British Columbia may be a litigation guardian of a person under disability without being appointed by the court.
(6) If a person is appointed committee, that person must be the litigation guardian of the patient in any family law case unless the court otherwise orders.
(7) Before the name of a person is used in a family law case as a litigation guardian, that person's consent, signed by the person or the person's lawyer, must be filed, unless the person
(a) has been appointed by the court, or
(b) is the litigation guardian under section 35 (1) of the Representation Agreement Act of a party to that family law case.
[am. B.C. Reg. 28/2024, Sch. B, s. 24 (c).]
(8) Unless a committee has been appointed, the lawyer for a person under disability, before acting in a family law case, must, unless subrule (9) applies, file a certificate that the lawyer knows or believes that
(a) the person to whom the certificate relates is an infant or mentally incompetent person, giving the grounds of that knowledge or belief, and if the person to whom the certificate relates is a mentally incompetent person, that a committee has not been appointed for the person, and
(b) the proposed litigation guardian of the person under disability has no interest in the family law case adverse to that person.
[am. B.C. Reg. 28/2024, Sch. B, s. 24 (d).]
(9) The lawyer for a person who, under section 35 (1) of the Representation Agreement Act, has a litigation guardian must, before acting in a family law case to which the person is a party, file a certificate certifying that the lawyer knows or believes that
(a) the person has entered into a representation agreement,
(b) the litigation guardian is a representative under that representation agreement and is authorized under section 7 (1) (d) of the Representation Agreement Act in relation to the family law case, and
(c) the litigation guardian has no interest in the family law case adverse to the person.
(10) If a party to a family law case becomes a mentally incompetent person, the court must appoint a litigation guardian for the party unless
(a) a committee has been appointed for the party, or
(b) the party has a litigation guardian under section 35 (1) of the Representation Agreement Act.
[am. B.C. Reg. 28/2024, Sch. B, s. 24 (e).]
(11) If it is in the interest of a party who is under disability, the court may remove, appoint or substitute a litigation guardian.
(12) A party to a family law case who attains the age of majority may, if the party is then under no legal disability,
(a) file an affidavit, in Form F84, confirming the attainment of the age of majority, and
(13) After an affidavit is filed under subrule (12) (a),
(a) the party on whose behalf the affidavit was filed assumes conduct of that party's claim or defence in the family law case, and
(b) the style of proceeding must no longer refer to a litigation guardian for that party.
(14) A party must not take a step in default against a person under disability without leave of the court.
(15) Unless the court otherwise orders, notice of an application for leave under subrule (14) must be served on the person under disability at least 10 days before the hearing of the application, in the manner provided by Part 6.
(16) If no response to family claim, response to counterclaim or response to petition has been filed to a notice of family claim, counterclaim or petition on behalf of a person under disability, the person who started the family law case, before continuing the family law case against the person under disability, must obtain an order from the court appointing a litigation guardian for the person under disability.
(17) Unless an enactment otherwise provides, if a claim is made by or on behalf of a person under disability, no settlement, compromise, payment or acceptance of money paid into court, whenever entered into or made, so far as it relates to that person's claim, is binding without the approval of the court.
(18) If, before a family law case is started, an agreement is reached for the settlement or compromise of a claim of a person under disability, whether alone or with others, and it is desired to obtain the court's approval, application may be made by petition and the court may make any order it considers will further the object of these Supreme Court Family Rules.
Rule 20-4 — Declaratory Relief
(1) A proceeding is not open to objection on the ground that only a declaratory order is sought, and the court may make binding declarations of right whether or not consequential relief is or could be claimed.
Rule 20-5 — Persons Who Are Not Required to Pay Fees
(1) If the court, on application made in accordance with subrule (3) before or after the start of a family law case, finds that a person
(a) receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act, or
(b) cannot, without undue hardship, afford to pay the fees under Schedule 1 of Appendix C in relation to the family law case,
the court may order that no fees are payable by the person to the government under Schedule 1 of Appendix C in relation to the family law case unless the court considers that the claim or defence
(c) discloses no reasonable claim or defence, as the case may be,
(d) is scandalous, frivolous or vexatious, or
(e) is otherwise an abuse of the process of the court.
[en. B.C. Reg. 104/2015, s. 3.]
(2) An order under subrule (1) may apply to one or more of the following:
(a) a family law case generally:
(b) any part of a family law case;
(3) An application under subrule (1) may be made by filing
(a) a requisition in Form F17,
(b) a draft of the proposed order in Form F85, and
[am. B.C. Reg. 95/2011, Sch. B, s. 5.]
(4) On application or on the court's own motion, the court may review, vary or rescind any order made under subrule (1) or (2).
(5) Despite anything in this rule, if the court makes an order in relation to a person under this rule, no fee is payable by the person to the government under Schedule 1 of Appendix C in relation to
(b) the part of the family law case,
to which the order applies.
[am. B.C. Reg. 119/2010, Sch. B, s. 24 (b).]
Rule 20-6 — Litigation Representatives
(1) In this rule, "litigation representative", in relation to the estate of a deceased, means a person referred to in subrule (3) who is starting, conducting or defending a family law case referred to in subrule (2) on behalf of the deceased's estate.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
(2) This rule applies if
(a) a person who has or may have a cause of action dies before starting a family law case in relation to that cause of action,
(b) a person against whom a cause of action may be asserted dies before a family law case is started in relation to that cause of action,
(c) a person who has started a family law case dies before judgment is pronounced in that family law case, or
(d) a person against whom a family law case has been started dies before judgment is pronounced in that family law case,
and the cause of action, in relation to which the family law case may be or has been started, survives.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
(3) If there is no personal representative for a deceased's estate, the court may, on application brought in accordance with subrule (5), appoint a person as a litigation representative to start, conduct or defend a family law case referred to in subrule (2) on behalf of the deceased's estate.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
(4) Before making an order under subrule (3), the court may require notice of the application to be given to a person having an interest in the deceased's estate.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
(5) An application under subrule (3) may be brought without notice under Rule 10-8.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
(6) Nothing in this rule authorizes a person who is not the personal representative of the deceased to distribute proceeds of a proceeding that belong to the deceased's estate to anyone other than the personal representative.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
(7) A litigation representative conducting or defending a family law case referred to in subrule (2) (c) or (d) must, under Rule 8-2, be substituted for the deceased as a party in the family law case.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
(8) If
(a) a person becomes a personal representative for a deceased's estate after a litigation representative is appointed, and
(b) a family law case referred to in subrule (2) has been started in relation to the deceased,
the personal representative must, on application under Rule 8-2,
(c) be substituted for the deceased as a party in the family law case, or
(d) if a litigation representative is conducting or defending the family law case, be substituted for the litigation representative as a party in the family law case,
unless an order is made in respect of the proceeding under section 151 of the Wills, Estates and Succession Act.
[en. B.C. Reg. 90/2014, Sch. 2, s. 3.]
Rule 21-1 — Forms and Documents
(1) The forms in Appendix A must be used if applicable, with variations as the circumstances of the family law case require, and each of those forms must be completed by including the information required by that form in accordance with any instructions included on the form.
(2) Unless the nature of the document renders it impracticable, every document prepared for use in the court must be in the English language, legibly printed, typewritten, written or reproduced on 8 1/2 inch × 11 inch durable white paper or durable off-white recycled paper.
(3) Transcripts of oral evidence must conform to subrule (2).
(4) The first page of each document prepared for use in a family law case must contain a blank area extending at least 5 centimetres from the top of the page and at least 5 centimetres from the left edge of the page.
(5) A document prepared for use in a family law case must be headed with the style of proceeding set out on the most recent notice of family claim, counterclaim or petition to be filed in that family law case, but in a document, other than an order or a document that starts a family law case, if there is more than one party to the family law case identified as a claimant or as any other classification of party, the style of proceeding may be abbreviated to show the name of the first party listed in that classification, followed by the words "and others".
(1) Unless a contrary intention otherwise appears, if a period of less than 7 days is set out by these Supreme Court Family Rules or in an order of the court, holidays are not counted.
(2) The court may extend or shorten any period of time provided for in these Supreme Court Family Rules or in an order of the court, even though the application for the extension or the order granting the extension is made after the period of time has expired.
(3) The period fixed by these Supreme Court Family Rules or an order for serving, filing or amending a pleading or other document may be extended by consent.
(4) In a family law case in which judgment has not been pronounced and no step has been taken for one year, a party must not proceed until
(a) the expiration of 28 days after service of notice of that party's intention to proceed in Form F48 on all parties, and
(b) a copy of the notice of intention to proceed and proof of its service has been filed.
(5) Despite this rule, a respondent may apply to have a family law case dismissed for want of prosecution without serving a notice of intention to proceed in Form F48.
(6) Attendance on an appointment before an official reporter within 1/2 hour following the time fixed for the appointment is a sufficient attendance.
Rule 21-3 — Multiple Claims and Parties
(1) Without limiting Rule 3-1 (5) but subject to subrule (6) of this rule, a person, whether claiming in the same or different capacities, may join several claims in the same family law case.
(2) Subject to subrule (6), a family law case may be started by or against 2 or more persons in any of the following circumstances:
(a) if separate family law cases were brought by or against each of those persons, a common question of law or fact would arise in all the family law cases;
(b) a right to relief claimed in the family law cases, whether it is joint, several or alternative, is in respect of or arises out of the same transaction or series of transactions;
(3) Subject to any enactment or these Supreme Court Family Rules or unless the court otherwise orders, a claimant or petitioner who claims relief to which any other person is jointly entitled must name as parties to the family law case all persons so entitled, and any of them who do not consent to be named as a claimant or petitioner must be made a respondent.
(4) If relief is claimed against a person who is jointly liable with some other person, the other person need not be named as a party to the family law case, but if persons may be jointly, but not severally, liable and relief is claimed against some but not all of those persons in a family law case, the court may stay the family law case until the other persons who may be liable are named as parties.
(5) It is not necessary that every person named as a party be interested in all the relief sought in a family law case, but the court may order that a party be compensated for being required to attend, or be relieved from attending, a part of a trial or hearing in which that party has no interest.
(6) If a joinder of several claims or parties in a family law case may unduly complicate or delay the trial or hearing of the family law case or is otherwise inconvenient, the court may order separate trials or hearings or make any other order it considers will further the object of these Supreme Court Family Rules.
(7) If a counterclaim ought to be disposed of by a separate family law case, the court may so order.
(8) Family law cases may be consolidated at any time by order of the court or may be ordered to be tried at the same time or on the same day.
(8.1) If, under section 194 (3) (c) of the Family Law Act, one or more Provincial Court proceedings are to be consolidated with one or more Supreme Court proceedings, the court may, in the order for consolidation, make any orders it considers will further one or both of the object of these Supreme Court Family Rules and the object of the Family Law Act, including, without limitation, orders respecting the following:
(a) the amendment, filing and service of pleadings;
(b) any matter in relation to which the court may make an order at a judicial case conference under Rule 7-1 or at a trial management conference under Rule 14-3.
[en. B.C. Reg. 133/2012, s. 25.]
(9) A family law case must not be defeated by reason of the misjoinder or nonjoinder of a party and the court may deal with the matter in controversy so far as it affects the rights and interests of the parties before it.
(1) A party to a family law case
(b) having acted on the party's own behalf, may engage a lawyer to act, or
(c) having been represented by a lawyer, may discharge the lawyer and act on the party's own behalf,
but until copies of notice of the change in Form F87 or F88 have been filed and served on the other parties, the other parties are entitled to proceed on the basis that there has been no change of representation or address for service.
[am. B.C. Reg. 28/2024, Sch. B, s. 25.]
(2) If
(a) a lawyer for a party has died, cannot be found or for any reason is unable to practise, and
(b) the party has not given notice of change of lawyer or of intention to act in person in accordance with subrule (1),
the court, on the application of any other party, may order that the lawyer has ceased to be the lawyer of the first mentioned party.
(3) If a lawyer who has acted for a party to a family law case has ceased to act and the party has not given a notice of change in accordance with subrule (1), the court, on the application of the lawyer, may declare that the lawyer has ceased to be the lawyer acting for the party and, if applicable,
(a) may declare that the lawyer's office is not the address for service of the party and give directions as to a new address for service, and
(b) may declare that the lawyer's fax number or e-mail address may no longer be used for service and give directions for a new fax number or e-mail address for service.
(4) As an alternative to proceeding under subrule (3), a lawyer who has ceased to act for a party who has not given a notice of change under subrule (1) may serve a notice of intention to withdraw in Form F89 on that party and on the other parties.
(5) If a party on whom a notice of intention to withdraw is served under subrule (4) wishes to object to the withdrawal, the party must, within 7 days after service,
(6) A lawyer who serves a notice of intention to withdraw under subrule (4) on all parties to a family law case may file a notice of withdrawal of lawyer in Form F91 if no objection, notice of change of lawyer or notice of intention to act in person is filed within 7 days after service of the notice of intention to withdraw.
(7) If a lawyer files a notice of withdrawal of lawyer under subrule (6), the lawyer ceases to be the party's lawyer when the notice has been served on all parties.
(8) After a lawyer ceases under subrule (7) to be a party's lawyer, the party's address for service is, until that address is changed under Rule 6-1 (3), the address set out in the notice of withdrawal of lawyer filed under subrule (6) of this rule.
(9) If, within the 7 day period referred to in subrule (6), an objection is filed in the registry, the lawyer may apply, on notice to each party who has filed an objection, for an order under subrule (3).
(10) If personal service of a notice of intention to withdraw cannot be made in accordance with Rule 6-3 (2) on a party for whom the lawyer acts, the lawyer may apply for an order under Rule 6-4 allowing service by an alternative method.
(11) An applicant who obtains an order under subrule (2) or (3) must serve a copy of the entered order on all parties and, until it is served, a party is entitled to proceed on the basis that there has been no change of lawyer or address for service.
Rule 21-5 — If Parties Fail to Comply with These Rules
(1) If a party does not comply with these Supreme Court Family Rules, the court may do one or more of the following:
(a) if the party who has not complied is a claimant or a respondent who has brought a counterclaim,
(i) strike out the notice of family claim, counterclaim or petition, and
(ii) grant judgment dismissing the claims made in the notice of family claim, counterclaim or petition;
(b) if the party who has not complied is a respondent or a respondent to counterclaim, strike out the response to family claim, response to counterclaim or response to petition;
(d) make an order for costs against the party;
(e) make any other order it considers will further the object of these Supreme Court Family Rules.
(2) Unless the court otherwise orders, a failure to comply with these Supreme Court Family Rules must be treated as an irregularity and does not nullify
(b) a step taken in the family law case, or
(c) any document or order made in the family law case.
[en. B.C. Reg. 119/2010, Sch. B, s. 25.]
Rule 21-6 — If Parties Fail to Attend
(1) Without limiting Rule 21-5, if a party fails to attend at a trial or hearing at the time appointed for that trial or hearing, the court may, after receipt of any evidence of service it considers appropriate, do one or more of the following:
(a) proceed with the trial or hearing;
(b) draw any inference from the failure to attend that the court considers appropriate, including attributing an amount of income to the party;
(2) Unless the court otherwise orders, if no party is in attendance when the trial of a family law case is called, the family law case must be struck off the trial list.
(3) A party may apply to set aside a judgment obtained at trial in that party's absence.
(1) The power of the court to punish contempt of court must be exercised by an order of committal or by imposition of a fine or both.
(2) If a corporation wilfully disobeys an order against the corporation, the order may be enforced by one or more of the following:
(a) imposition of a fine on the corporation;
(b) committal of one or more directors or officers of the corporation;
(c) imposition of a fine on one or more directors or officers of the corporation.
(3) Instead of or in addition to making an order of committal or imposing a fine, the court may order a person to give security for the person's good behaviour.
(4) A person who is guilty of an act or omission described in Rule 14-7 (25), in addition to being subject to any consequences prescribed by those rules, is guilty of contempt of court and subject to the court's power to punish contempt of court.
(5) If the court is of the opinion that a person may be guilty of contempt of court, it may order, by warrant in Form F92 directed to a sheriff or other officer of the court or to a peace officer, that the person be apprehended and brought before the court.
(6) If a person referred to in subrule (5) is apprehended and brought before the court, the court in a summary manner may adjudge the innocence or guilt of the person and punish the person for the contempt, if any, or may give the directions it thinks fit for the determination of the person's innocence or guilt and punishment.
(7) If the court is of the opinion that a corporation may be guilty of contempt of court, it may order, by its warrant in Form F92 directed to a sheriff or other officer of the court or to a peace officer, that any director, officer or employee of the corporation be apprehended and brought before the court.
(8) If a director, officer or employee referred to in subrule (7) is apprehended and brought before the court, the court in a summary manner may adjudge the innocence or guilt of the corporation and punish the corporation for the contempt, if any, or may give the directions it thinks fit for the determination of its innocence or guilt and the punishment to be imposed.
[am. B.C. Reg. 112/2012, Sch. B, s. 3.]
(9) The court may order the release of a person apprehended under subrule (5) or (7) on receiving an undertaking in Form F93 from that person.
(10) A release order under subrule (9) must be in Form F94.
(11) A party applying for an order for contempt must serve the alleged contemnor with a copy of the filed notice of application and all filed affidavits in support of it at least 7 days before the hearing of the application.
(12) An application under subrule (11) must be supported by affidavit setting out the conduct alleged to be contempt of court.
(13) The court may give directions as to the mode of hearing the application, including an order that the matter be transferred to the trial list under Rule 10-3 (7) (d).
(14) If the court is satisfied that a person has actual notice of the terms of an order of the court, it may find the person guilty of contempt for disobedience of the order, even though the order has not been served on the person.
(15) The court at any time may direct that the punishment for contempt be suspended for the period or on the terms or conditions the court may specify.
(16) The court, on application by or on behalf of a person committed to prison for contempt may discharge that person, even though the period of the committal may not have elapsed.
(17) If the court orders a person committed without specifying in days, weeks or months the period of the committal, the sheriff must bring that person before the court at intervals of not more than 7 days, in order that the court may review the committal and determine whether relief as set out in subrule (15) or (16) should be granted.
Rule 21-8 — Vexatious Litigants
(1) If an order has been made that a person must not, without leave of the court, start a proceeding or file an application or other document in an existing proceeding, the person may apply for leave by filing a requisition in Form F94.1 to which is attached
(a) a copy of the pleading, application or document which the person seeks leave to file, and
(b) a copy of the order requiring the person to obtain leave of the court.
[en. B.C. Reg. 239/2023, Sch. 2, s. 6.]
(2) Subject to subrule (3), a person applying for leave under subrule (1) need not serve the requisition referred to in subrule (1) on any other person.
[en. B.C. Reg. 239/2023, Sch. 2, s. 6.]
(3) On an application for leave under subrule (1), the court may do one or more of the following:
(a) grant or refuse the request for leave;
(b) require that the person or lawyer appear in person to speak to the application, with or without notice to any other person;
(c) make any order or give any other directions the court considers will further the object of these Supreme Court Family Rules.
[en. B.C. Reg. 239/2023, Sch. 2, s. 6.]
Part 22 — Court and Registry Matters
(1) Whether or not the parties consent, the court may adjourn a trial, hearing or conference to a specific date or without setting a date.
(2) The court may, at any time,
(a) waive or modify a time limit set by these Supreme Court Family Rules or by an order of the court, even after the time limit has expired, and
(b) waive or modify any service or notice requirement under these Supreme Court Family Rules.
(3) A person entitled or required to attend court may attend by telephone, video conference or other communications medium if
(a) the court authorizes attendance in that manner, and
(b) all persons participating, whether by telephone, by video conference, by other communications medium or in person, are able to communicate with each other.
(4) If the court considers it appropriate for a person to attend court by telephone, video conference or other communications medium, the court may direct the manner in which the attendance is to be conducted.
(5) If the regional manager has advised the court in writing that a person designated by the Attorney General to provide assistance in the calculation of child support is readily available to the court, the court may, at any time,
(a) refer calculation of child support to that person, and
(b) require that the results of that calculation be reported back to the court.
(6) The court may make an order for security for the costs of a party.
(7) If a parenting order, a contact order, a guardianship order, an order respecting parenting arrangements or contact with a child or a support order is appealed, the order remains in force until the determination of the appeal, unless the court that made the order otherwise directs.
[am. B.C. Regs. 133/2012, s. 26; 208/2020, s. 7.]
(8) Whenever practicable and appropriate, the same judge or associate judge is to manage and hear all of the following in a family law case:
(b) judicial case conferences;
[am. B.C. Reg. 277/2023, Sch. 3, s. 5.]
Rule 22-2 — Registry Operations
(1) Unless otherwise provided by an enactment, a person may, on payment of the proper fees, obtain from the registry a copy of a document on file in a family law case.
(2) Except on Saturdays, holidays and those days that are prescribed by the Lieutenant Governor in Council as holidays for the Public Service of British Columbia, the registry is to be kept open to the public for the transaction of business from 9 a.m. until 4 p.m.
(3) The hours of attendance by a registrar and the registry staff are from 8:30 a.m. until 4:30 p.m.
(4) If a registry has insufficient staff to allow continuous staff attendance at the lunch hour, the Chief Justice may, in writing, authorize that registry to close.
(5) In each registry, the seal of the court must be stamped on every
(a) notice of family claim, and
(b) other document requiring a seal
issued from or filed in that registry.
(6) The name of the registry must be written or stamped on the face of every document issued from or filed or recorded in that registry.
(7) If the signature or endorsement of a registrar is required on a document, the document is deemed to have been signed or endorsed by the registrar if the document is signed or endorsed by a person appointed for that purpose by the registrar.
(8) In case of urgency, the court may order that a registry be opened for the purpose of commencing a proceeding or for some other good reason.
(9) Unless these Supreme Court Family Rules provide otherwise, if a person wishes a registrar to perform some act under these Supreme Court Family Rules,
(a) the person must make the request by requisition in Form F17 unless these Supreme Court Family Rules otherwise provide, and
(b) the registrar may discard the requisition after the required act has been done.
(10) If an application ought to be made to, or any jurisdiction ought to be exercised by, the judge by whom a family law case has been tried or partly tried, or heard or partly heard, then, if that judge dies or ceases to be a judge of the court during or after the trial or hearing, or if for any other reason it is impossible or inconvenient for that judge to act in the family law case, the Chief Justice or next senior judge of the court may, either by a special order or by a general order, nominate some other judge to whom the application may be made or by whom the jurisdiction may be exercised.
(11) Without limiting subrule (10), the other judge nominated under that subrule may
(a) order that the family law case be restored to the proper registry for retrial or rehearing,
(b) if, on the original trial or hearing, evidence was given orally, direct that the retrial or rehearing be on
(i) an official transcript of that evidence,
(ii) transcript, evidence given orally and evidence given by affidavit,
as in the judge's opinion the circumstances of the family law case require, and
(c) dispose of the costs of the original trial or hearing and of the costs of furnishing any copies of the transcript of the evidence, or refer the question of costs to the judge presiding at the retrial or rehearing.
[am. B.C. Reg. 176/2023, Sch. 2, s. 20.]
(12) Directions for a retrial or rehearing that include a direction for the use of the transcript of the evidence do not limit or restrict the power of the judge presiding at the retrial or rehearing to permit in the judge's discretion the recalling of any witness called at the original trial or hearing, or to receive other or additional evidence.
[am. B.C. Reg. 176/2023, Sch. 2, s. 20.]
(13) At any time after a family law case is started, the court may on application order the family law case to be transferred from the registry in which it is being conducted to any other registry of the court for any or all purposes.
(1) This rule applies only to those family law cases that are filed at the Chilliwack, Cranbrook, Dawson Creek, Kamloops, Kelowna, Nelson, Penticton, Prince George, Prince Rupert, Rossland, Salmon Arm, Smithers, Terrace, Vernon or Williams Lake registry of the court.
[am. B.C. Reg. 321/2021, Sch. 2, s. 7.]
(2) Subject to this rule, a person wishing to file a document may transmit that document by fax to the applicable court registry.
(3) A document may be transmitted by fax to a registry for filing if
(a) the document is transmitted to the appropriate registry at the fax number designated for that registry by a practice direction of the Chief Justice,
(i) sent under cover of a fax cover sheet in Form F95, and
(ii) accompanied by payment of the applicable filing fees, and
(4) The following documents may not be transmitted by fax to a registry for filing:
(a) any document pertaining to the following:
(ii) reciprocal enforcement of orders under the Court Order Enforcement Act;
(b) any of the following documents:
(i) a certified copy of any document being filed for enforcement purposes;
(ii) an application record or a petition record;
(iv) a proof of marriage from a foreign jurisdiction;
(v) a certificate of judgment;
(vi) a certificate of pending litigation;
(vii) an affidavit of service submitted for filing in support of a default order;
(c) any of the following documents, unless their submission by fax is authorized by the Manager, Supreme Court Scheduling of the receiving registry:
(iii) and (iv) Repealed. [B.C. Reg. 119/2010, Sch. B, s. 26 (b).]
(v) a requisition to reset a hearing or trial;
(vi) a requisition requesting a judicial case conference;
(d) a document that, with the fax cover sheet, exceeds 30 pages in length, unless its submission by fax is authorized by a registrar.
[am. B.C. Reg. 119/2010, Sch. B, s. 26.]
(5) A document that is transmitted by fax to a registry for filing in accordance with subrule (3) and that is approved for filing by the registrar is filed as follows:
(a) the document is filed on the day it is received by the registry if any of the document, other than the fax cover sheet, is received at the fax machine of the registry at or before 4 p.m. on a day on which the registry is open for business;
(b) the document is filed on the next day on which the registry is open for business in any other case.
(6) After a document is received at the fax machine of the registry, a registrar must do the following in accordance with subrule (7):
(a) if the document was transmitted for filing in accordance with subrule (3) and was approved for filing by the registrar, provide to the person identified as the submitting party on the fax cover sheet
(i) confirmation of the fees paid, and
(ii) the first page of the filed document, bearing the registry stamp and file number;
(b) if the document was not transmitted for filing in accordance with subrule (3), or was not approved for filing by the registrar, provide to the person identified as the submitting party on the fax cover sheet
(i) a notice that the document has not been filed and the reasons for non-acceptance, and
(7) For the purposes of subrule (6), a registrar may provide the documents referred to in that subrule to the person identified as the submitting party on the fax cover sheet
(a) by transmitting those documents by fax to the fax number shown on the fax cover sheet as the fax number for the submitting party, or
(b) in any other manner the registrar considers appropriate.
(8) The court may require that the original of a document that has been filed under this rule be produced.
(1) In this rule:
"electronic document" means a document that has been transmitted for filing electronically;
"electronic services agreement" means an agreement referred to in subrule (3);
"registered user" means a person who has entered into an electronic services agreement.
(2) In the event of a conflict between this rule and another rule, this rule applies.
(3) A person wishing to file documents in a registry under this rule must
(a) enter into an agreement with the Court Services Branch of the Ministry of Attorney General respecting the terms and conditions under which those filings may be made, and
(b) submit documents for filing in accordance with that agreement.
[am. B.C. Regs. 27/2013, Sch. 2, s. 15; 99/2018, Sch. 2, s. 18.]
(4) A registered user may electronically transmit a document to a registry for filing if
(a) the document is accompanied by payment of the applicable filing fees, and
(5) The following documents may not be transmitted for filing electronically:
(a) any document pertaining to the reciprocal enforcement of orders under the Court Order Enforcement Act;
(b) any of the following documents:
(i) a certified copy of any document being filed for enforcement purposes;
(ii) an application record, a petition record or a hearing record;
(iv) a proof of marriage from a foreign jurisdiction, unless such proof is issued electronically;
(v) a certificate of judgment;
(vi) a certificate of pending litigation;
(vii) an affidavit, filed under Rule 14-7 (59), that constitutes the evidence in chief of a witness.
[am. B.C. Reg. 121/2014, s. 10.]
(6) An affidavit or other signed document that is being filed for evidentiary purposes, if submitted for filing electronically, must clearly identify the signatory and must be accompanied by a statement, in Form F96, of the lawyer acting for the person on whose behalf the document is submitted for filing or, if that person is unrepresented, by a statement of that person, in Form F96, indicating that
(a) the original paper version of the document appears to bear an original signature of the person identified as the signatory and the person making the Form F96 statement has no reason to believe that the signature placed on the document is not the signature of the identified signatory, and
(b) the version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and the person making the Form F96 statement has no reason to believe that it is not a true copy of the original paper version.
(7) A person who, under subrule (6), submits a document for filing in a family law case must
(a) keep the original paper version of the document until the earliest of
(i) the date on which the family law case, including any appeals, is finally disposed of,
(ii) the date on which the appeal period for that family law case has expired if no notice of appeal respecting the family law case has been filed within that period, and
(iii) the date on which a registrar requests that the original paper version be filed, and
(b) if a request is made under paragraph (a) (iii), file the original paper version promptly after that request is made.
(8) If a document in paper form is filed with a registrar, the registrar may convert the document into electronic form and, in that event, the registrar must
(a) store the conversion in a computer or in another electronic system that the registrar considers appropriate, and
(9) A person who submits a document referred to in subrule (6) for filing electronically must, on request, make the original paper version of that document available for inspection by other parties or their lawyer and by the court.
(10) A person who is entitled to inspect a document under subrule (9) may, if that inspection is denied, file a requisition in Form F17 to request that the original paper version of the document be filed, and, promptly after receipt of that requisition, the registrar must make a request under subrule (7) (a) (iii).
(11) Rule 10-4 continues to apply to affidavits filed under this rule, but, in the event of a conflict between this rule and Rule 10-4 in respect of those affidavits, this rule prevails.
(12) For the purposes of these Supreme Court Family Rules other than subrule (6) of this rule, a document is deemed to have been originally signed if it has been electronically authenticated in the manner contemplated by the applicable electronic services agreement.
(13) If a document that has been transmitted for filing electronically is accepted for filing by a registrar, the document is deemed to have been filed as follows:
(a) if the document is received by the registry at or before 4 p.m. on a day that is not a Saturday or a holiday, the document is deemed to be filed on the day of receipt;
(b) if the document is received by the registry on a Saturday or holiday or after 4 p.m. on any other day, the document is deemed to be filed on the next day that is not a Saturday or a holiday.
(14) After a document that has been transmitted for filing electronically is accepted for filing by a registrar, the registrar must affix an electronic version of the registry stamp to the document and, after that, must provide a copy of the stamped electronic document, in the manner contemplated by the electronic services agreement, to the person who transmitted the document for filing.
(15) After a registrar provides an electronic acceptance of a notice of family claim under subrule (14), the notice of family claim is deemed to have been sealed by the registrar.
(16) After a document has been filed under this rule, a person who is otherwise entitled to view and obtain a copy of the document may, on payment of the proper fee,
(a) obtain from the registry a paper copy of the document,
(b) if a public access computer terminal is available in the registry, view the document on that terminal or, if the document is not available for viewing on that terminal, view on that terminal the information about the document or its contents, if any, that is available on that terminal, or
(c) if the person is a registered user, access the document in accordance with the terms of the electronic services agreement entered into by that person.
(17) A document that may or must be served on a person may, if it is an electronic document, be served on the person as follows:
(a) if the person has provided an e-mail address for service, by e-mailing it to that person's e-mail address for service;
(b) if the lawyer for the person has provided an e-mail address for service, by e-mailing it to that lawyer's e-mail address for service;
(c) if paragraph (a) or (b) applies and, under these Supreme Court Family Rules, multiple copies of the document are to be served, the serving party need serve only a single electronic copy of the document.
(18) Even though a document has been served in accordance with subrule (17), a person may show, on an application to set aside the consequences of default, on an application for an extension of time or on an application in support of a request for an adjournment, that the document
(a) did not come to the person's notice,
(b) did come to the person's notice later than when it was served or effectively served, or
(1) In this rule, unless the context otherwise requires:
"financial institution" means a bank, credit union or trust company designated by the minister;
"funds" means any money that has been paid into or deposited in court, except money paid
(a) under the Court Order Enforcement Act,
(c) in satisfaction of a claim, or
"minister" means the Minister of Finance;
"securities" means any bonds, stocks, shares, debentures or other securities.
(2) All funds must be deposited promptly in a financial institution by a registrar and must, after that, be paid by the registrar to the minister, accompanied by
(a) a certified copy of the order directing payment in, or
(b) if the funds have been paid into court without an order, a statement showing the particulars of the payment in.
(3) All securities deposited in court must be accompanied
(a) by a certified copy of the order directing deposit in court and listing the securities, or
(b) if the securities are deposited without an order listing the securities, by a statement listing the securities.
(4) Promptly after securities are deposited in court, a registrar must transmit those securities to the minister
(a) by registered mail, insured to the extent of the securities' par value, or
(b) through a financial institution,
together with a certified copy of the order or the statement.
(5) Funds and securities must be paid out or delivered, on authority of an order of the court, on production of a certified copy of the order or authorization by a registrar for payment out, and must be paid or delivered to the person named in the order or authorization.
(6) All funds held in court draw interest, payable by the minister, for each 6 month period after December 31, 1992, at 2% below the prime lending rate of the banker to the government on January 1 and July 1 respectively in each year, with interest to be compounded on January 1 and July 1 in each year.
(7) The interest paid under this rule is instead of any interest earned on an investment made by the minister under subrule (10).
(8) Interest under subrule (6) is payable on all funds up to $100 000 from the first day of the month following payment into court until the last day of the month before payment out of court, and on all funds in excess of $100 000 from the date of payment into court until the date of payment out.
(9) For the purpose of segregating the funds from other money held by the minister, the minister must create an account in the treasury designated "Investments, Supreme Court Act", and the funds held in this account
(b) must, at all times, be substantially equal to the funds held by the minister under this rule.
(10) The minister may
(a) invest as the minister sees fit all or any part of the funds, and
(b) convert securities into money.
[am. B.C. Reg. 28/2024, Sch. B, s. 26.]
(11) If, by an order of the court, funds are directed to be dealt with, delivered or paid out, the order is a direction to the minister to that effect.
(12) Money paid into court, other than funds, must be deposited by a registrar in a financial institution and be paid out in accordance with the existing practice of the court, but the registrar must pay to the minister all moneys that have been on deposit for more than 2 years.
(13) Money paid to the minister under this rule must be held by the minister in the same manner as funds deposited under subrule (2), except as to payment of interest.
(14) In a family law case in which a sum of money or a security is awarded to a person under a disability, the court may, at or after the trial, order that the whole or any part of the sum or the security be paid,
(a) if the person is an infant, to the Public Guardian and Trustee in trust for the infant, or
(b) in any other case, into court to the credit of the person.
(15) If a sum of money or a security is paid into court under subrule (14) (b), the sum or the security may be paid out of court as the court may direct.
(16) When money is paid into court to the credit of an infant, a copy of the birth certificate of the infant, or other proof to the satisfaction of a registrar of the name and date of birth of the infant, must be filed, unless the registrar dispenses with the filing.
(17) In support of an application for payment out of money paid in under subrule (16), the applicant must file a declaration in Form F97.
Rule 22-6 — Sittings and Hearings
(1) The court must dispose of the business before it at the times and in the places the Chief Justice directs.
(2) In case of urgency, an application may be made personally to a judge, to an associate judge or to a registrar.
[am. B.C. Reg. 277/2023, Sch. 3, s. 1.]
(3) In case of urgency, or if the court or a registrar considers it appropriate to do so, the court or the registrar, as the case may be, may conduct a hearing and make an order or decision by telephone, video conference or other communication medium.
[en. B.C. Reg. 65/2013, Sch. B, s. 1 (a).]
(4) On application by a party or on its own initiative, the court may direct
(a) that an application be heard in person or by way of telephone, video conference or other communication medium, and
(b) the manner in which the application is to be conducted.
[am. B.C. Reg. 176/2023, Sch. 2, s. 21.]
(4.1) On application by a party or on a registrar's own initiative, a registrar may direct
(a) that a hearing before a registrar be heard in person or by way of telephone, video conference or other communication medium, and
(b) the manner in which the hearing is to be conducted.
[en. B.C. Reg. 65/2013, Sch. B, s. 1 (b); am. B.C. Reg. 176/2023, Sch. 2, s. 20.]
(5) An application under subrule (4) or (4.1) for a direction that an application or a hearing before a registrar be heard in person or by way of telephone, video conference or other communication medium must be made by requisition in Form F19.1.
[am. B.C. Regs. 65/2013, Sch. B, s. 1 (c); 176/2023, Sch. 2, s. 22.]
Rule 22-7 — Associate Judges, Registrars and Special Referees
(1) Without limiting any other powers of an associate judge under these Supreme Court Family Rules, an associate judge hearing an application has the powers of the court set out in Rules 10-3 (2) to (8) and 10-9 (6) to (8).
[am. B.C. Reg. 277/2023, Sch. 3, s. 1.]
(2) An associate judge has the powers and jurisdiction of a registrar under these Supreme Court Family Rules.
[am. B.C. Reg. 277/2023, Sch. 3, s. 2.]
(3) An associate judge has the powers of the court to dispose of all non-contentious business in the administration of estates.
[am. B.C. Reg. 277/2023, Sch. 3, s. 2.]
(3.1) Before attending a registrar's hearing started by the filing of an appointment, the person taking out the appointment (in this subrule called the "applicant") must provide to the registry where the hearing is to take place, no later than 4 p.m. on the business day that is one full business day before the date set for the hearing, a hearing record as follows:
(a) the hearing record must be in a ring binder or in some other form of secure binding;
(b) the hearing 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 persons served with the appointment (in this subrule called the "respondents");
(iii) a copy of the filed appointment and of every document that, under these rules, is required to be filed with that appointment;
(iv) a copy of the affidavit of service of the appointment, which copy must not include the exhibits to the affidavit;
(v) if the appointment is to settle an order under Rule 15-1, a copy of the reasons for judgment on which the order is based, a transcript of the order made or a copy of the clerk's notes from the hearing;
(vi) if the appointment is to assess costs under Rule 16-1, a copy of the entered order for costs;
(vii) if the appointment has been filed under Rule 18-1, a copy of the entered order referring the matter to the registrar;
(viii) a copy of every filed affidavit and pleading, and of every other document, that is to be relied on at the hearing;
(c) the hearing record may contain
(i) a draft of the proposed report or certificate, and
(d) the hearing record must not contain
(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 the applicant and the respondents.
[en. B.C. Reg. 65/2013, Sch. B, s. 2.]
(3.2) Rule 10-6 (15), (17) and (18) applies to a hearing record and, for that purpose, a reference in Rule 10-6 (15), (17) or (18) to "application record" is a reference to a hearing record and a reference to an "applicant" and an "application respondent" is a reference to the applicant and respondent to the registrar's hearing respectively and a reference to the "hearing of the application" is a reference to the hearing of the registrar's hearing.
[en. B.C. Reg. 65/2013, Sch. B, s. 2.]
(4) A registrar may, in respect of any registrar's hearing, whether before that registrar or any other registrar,
(a) extend, shorten or limit the time for any step in the registrar's hearing,
(b) exercise the powers that, under Rule 10-3 (2) and (3) or 22-6 (4), may be exercised by the court,
(c) exercise the powers set out in Rule 18-1 (5), and
(d) direct the parties to attend a pre-hearing conference.
[am. B.C. Reg. 112/2012, Sch. B, s. 4.]
(5) Without limiting Rule 18-1 (5), a registrar conducting a pre-hearing conference may give directions for the conduct of any registrar's hearing, whether or not that registrar's hearing is before the registrar conducting the pre-hearing conference, including, without limitation, directions respecting the following:
(a) the production of documents;
(b) oral examinations for discovery;
(c) service of notices to admit;
(d) service of experts' reports;
(e) any other matter that may assist in the just and efficient determination of the issues.
(6) If a matter appears to an associate judge to be proper for the decision of a judge, the associate judge may refer it to a judge, and the judge may either dispose of the matter or refer it back to the associate judge with directions.
[am. B.C. Reg. 277/2023, Sch. 3, ss. 1 and 6.]
(7) If a matter appears to a registrar to be proper for the decision of a judge or associate judge, the registrar may refer it to a judge or associate judge, and the judge or associate judge may either dispose of the matter or refer it back to the registrar with directions.
[am. B.C. Reg. 277/2023, Sch. 3, s. 5.]
(8) Repealed. [B.C. Reg. 105/2019, s. 2.]
(8.1) An appeal from an order or a decision of an associate judge, registrar or special referee must be brought by filing a notice of appeal in Form F98 within 14 days after the order or decision is made.
[en. B.C. Reg. 105/2019, s. 2; am. B.C. Reg. 277/2023, Sch. 3, s. 1.]
(8.2) A copy of the filed notice of appeal and of the appellant's statement of argument in Form F98.1 must be served on the respondent(s) within 7 days after the notice of appeal being filed.
[en. B.C. Reg. 105/2019, s. 2.]
(8.3) A respondent who wishes to oppose the appeal must file a notice of interest in Form F77.
[en. B.C. Reg. 105/2019, s. 2.]
(8.4) A copy of the notice of interest and of the respondent's statement of argument in the form set out in Form F98.2 must be delivered to the appellant within 14 days of after the notice of appeal and appellant's statement of argument being served.
[en. B.C. Reg. 105/2019, s. 2.]
(8.5) If the order or decision from which the appeal is taken was pronounced orally rather than issued in writing, the appellant must order a transcript of the presider's reasons for judgment or decision within 14 days after the order or decision is issued.
[en. B.C. Reg. 105/2019, s. 2.]
(8.6) If the appeal is taken from an order or decision following a hearing in which oral evidence is taken, in addition to a transcript of the reasons for judgment or decision, the appellant must order a transcript of the oral evidence within 14 days after the order or decision is issued.
[en. B.C. Reg. 105/2019, s. 2.]
(8.7) If the hearing of an appeal will require more than 2 hours, the date and time of the hearing must be fixed by Supreme Court Scheduling, and if the hearing of the appeal will require 2 hours or less, it may be set on the chambers list on a date not before the expiry of the time for delivery of the respondent's notice of interest and statement of argument.
[en. B.C. Reg. 105/2019, s. 2.]
(8.8) The appellant must provide to the registry where the hearing of the appeal is to take place, no earlier than 9 a.m. and no later than 4 p.m. on the business day that is one full business day before the date set for the hearing, an appeal record as follows:
(a) the appeal record must be in a ring binder or in some other form of secure binding;
(b) the appeal record must contain
(iii) a copy of the notice of appeal,
(iv) a copy of the order of the associate judge or decision of the registrar or special referee that is the subject of the appeal,
(v) a copy of the written reasons for judgment of the associate judge, or reasons for decision of the registrar or special referee, or, if the reasons were given orally, a transcript of the reasons,
(vi) a copy of the notice of application and application response, and for registrars' appeals, a copy of the appointment,
(vii) copies of any affidavits that were before the associate judge, registrar or special referee that will be relied on for the appeal,
(viii) a transcript of any oral evidence heard by the associate judge, registrar or special referee to be relied on for the appeal,
(ix) the appellant's statement of argument, not to exceed 10 pages, and
(x) the respondent's statement of argument, not to exceed 10 pages.
[en. B.C. Reg. 105/2019, s. 2; am. B.C. Reg. 277/2023, Sch. 3, s. 6.]
(8.9) Unless the court otherwise orders, the appellant must retrieve the appeal record at the conclusion of the hearing or, if the appeal is adjourned to a date later than the following business day, after the hearing is adjourned.
[en. B.C. Reg. 105/2019, s. 2.]
(8.10) If the circumstances of an appeal require, the timelines and document filing requirements may be abridged, extended or modified by order under Rule 21-2 (2).
[en. B.C. Reg. 105/2019, s. 2.]
(9)-(10) Repealed. [B.C. Reg. 105/2019, s. 2.]
(11) An appeal from the decision of an associate judge or registrar is not a stay of proceeding unless so ordered by the court or the associate judge.
[am. B.C. Reg. 277/2023, Sch. 3, ss. 1 and 6.]
(1) Unless the court otherwise orders,
(a) no person, other than the following, may search a registry file in respect of a family law case:
(i) a lawyer, whether or not a lawyer of a party;
(iii) a person authorized in writing by a party;
(iv) a person authorized in writing by a party's lawyer, and
(b) no person, other than the following, may search a registry file in respect of a proceeding under the Child, Family and Community Service Act:
(2) Despite any other power the registrar may have to compile and retain information, the registrar may compile and retain an index, in electronic format or otherwise, that contains the following information respecting proceedings referred to in subrule (1):
(a) the parties as identified in the style of proceeding;
(b) the case file number as set out in the style of proceeding;
(3) Unless the court otherwise orders, any person may, in respect of a proceeding referred to in subrule (1), have access to the information retained in the registry under subrule (2) about that proceeding.
(4) Nothing in this rule requires the registrar to provide access to information in any form or format other than the form and format in which that information is available in the registry at the time that the request for access is made.
(5) The exhibits produced at the trial or hearing of a proceeding referred to in subrule (1) must be sealed by the registrar in a secure manner and, unless the court otherwise orders, no person other than a party's lawyer, a party or a person authorized by a party or by a party's lawyer may search the exhibits.
(6) Unless the court otherwise orders, no person other than a party, a party's lawyer, a person authorized in writing by a party or a person authorized in writing by a party's lawyer may search a separation agreement filed under section 122 of the Family Relations Act.
Part 22.1 — Method of Attendance and Application Record Pilot Projects
Rule 22.1-1 — Method of Attendance Pilot Project
(1) Without limiting Rule 22-6 (2), (3), (4) or (4.1), the Chief Justice may direct that a class of applications, conferences or hearings may or must be attended by way of telephone, video conference or other communication medium.
[en. B.C. Reg. 236/2022, Sch. 2, s. 1.]
(2) A direction made under subrule (1) may be different for different registries, types of applications, conferences or hearings, classes of persons or circumstances.
[en. B.C. Reg. 236/2022, Sch. 2, s. 1.]
(3) Despite a direction made under subrule (1), on application by a party or on its own initiative, the court may order that an application, conference or hearing be attended in person.
[en. B.C. Reg. 236/2022, Sch. 2, s. 1.]
(4) An application under subrule (3) for an order that an application, conference or hearing be attended in person must be made by requisition in Form F19.1.
[en. B.C. Reg. 236/2022, Sch. 2, s. 1; am. B.C. Reg. 176/2023, Sch. 2, s. 23.]
(5) A direction made under subrule (1) applies despite any provision of these Supreme Court Family Rules that requires in-person attendance.
[en. B.C. Reg. 236/2022, Sch. 2, s. 1.]
Rule 22.1-2 — Electronic Transmission of Application Record Pilot Project
(1) Despite Rule 22-4 (4) (b) and (5) (b) (ii), the Chief Justice may direct that the application record for an application in a class of applications may or must be transmitted electronically to a registry.
[en. B.C. Reg. 236/2022, Sch. 2, s. 1.]
(2) A direction made under subrule (1) may be different for different registries, types of applications, classes of persons or circumstances.
[en. B.C. Reg. 236/2022, Sch. 2, s. 1.]
(3) Rule 10-6 (14) (a) and (d), (17) and (18) does not apply to an application record that is transmitted electronically.
[en. B.C. Reg. 236/2022, Sch. 2, s. 1.]
(1) In this rule:
"appearance", "counterclaim", "requisition", "statement of claim", "statement of defence", "statement of defence to counterclaim", "statement of defence to third party notice", "third party notice" and "writ of summons" have the same meanings as they had in the former Supreme Court Rules;
"transitional family law case" means a family law case that was started before July 1, 2010.
(2) A transitional family law case is deemed to be a family law case started under these Supreme Court Family Rules.
(3) If the person who started a transitional family law case did so by filing a writ of summons or a writ of summons and statement of claim,
(a) the person is deemed to be the claimant in the family law case, and
(b) the writ of summons is, or the writ of summons and statement of claim collectively are, deemed to be the notice of family claim in the family law case.
(4) If the person who started a transitional family law case did so by filing a requisition,
(a) the person is deemed to be the claimant in the family law case, and
(b) the requisition is deemed to be the notice of family claim in the family law case.
(5) If the person who started a transitional family law case did so by filing a petition,
(a) the person is deemed to be the petitioner in the family law case, and
(b) the petition is deemed to be a petition in the family law case.
(6) If a person filed, in a transitional family law case referred to in subrule (3) or (4), an appearance, with or without a statement of defence,
(a) the person is deemed to be a respondent in the family law case, and
(b) the appearance is, or the appearance and statement of defence collectively are, deemed to be a response to family claim in the family law case.
(7) If a person filed, in a transitional family law case referred to in subrule (5), an appearance,
(a) the person is deemed to be a petition respondent, within the meaning of Rule 17-1, in the family law case, and
(b) the appearance is deemed to be a response to petition in the family law case.
(8) If a person filed, in a transitional family law case referred to in subrule (3) or (4), a counterclaim or a third party notice,
(a) the person is deemed to be a respondent in the family law case, and
(b) the counterclaim or third party notice is deemed to be a counterclaim in the family law case.
(9) If, in response to a counterclaim or a third party notice, a person filed in a transitional family law case referred to in subrule (3) or (4) an appearance, with or without a statement of defence to counterclaim or a statement of defence to third party notice,
(a) the person is deemed to be a respondent in the transitional family law case, and
(b) the appearance is, the appearance and statement of defence to counterclaim collectively are, or the appearance and statement of defence to third party notice collectively are, deemed to be a response to counterclaim in the transitional family law case.
(10) Unless the court otherwise orders, if, before July 1, 2010, a person filed a writ of summons, with or without a statement of claim, and that document has not, or those documents have not, been served on a person named as a respondent in the transitional family law case started by that filing, Rule 4-2 applies to the filed document or documents.
(11) Subject to subrule (14) of this rule, a party to a family law case referred to in this rule may, by demand in Form F99, demand that a document that is deemed under this rule to be a notice of family claim, response to family claim, counterclaim, response to counterclaim, petition or response to petition be amended by the party who filed it to make it accord with these Supreme Court Family Rules.
(12) If a demand is served under subrule (11), the party on whom the demand is served must, within 21 days after service, amend the deemed notice of family claim, response to family claim, counterclaim, response to counterclaim, petition or response to petition to make it accord with these Supreme Court Family Rules and that amendment does not constitute an amendment for the purposes of Rule 8-1 (1) (a).
(13) If a demand is served under subrule (11) of this rule and the party on whom the demand is served does not make the amendments required under subrule (12) within the period referred to in that subrule, the demanding party may apply to the court for an order to strike the deemed notice of family claim, response to family claim, counterclaim, response to counterclaim, petition or response to petition of the party on whom the demand is served.
(14) A demand must not be served under subrule (11) if final orders have been made in respect of all of the claims in the family law case.
(15) For the purposes of Rule 6-1 of these Supreme Court Family Rules, until a new address for service is provided for a party to a family law case referred to in this rule, the party is deemed to have, as an address for service in the family law case, that party's address for delivery under the former Supreme Court Rules.
(16) If a step in a family law case is taken before July 1, 2010, the former Supreme Court Rules apply to any right or obligation arising out of or relating to that step if and to the extent that that right or obligation is to have effect before September 1, 2010.
(17) If the trial of a transitional family law case is scheduled to begin before October 1, 2010,
(a) a trial management conference may be held in the transitional family law case at any time, or
(b) if a trial management conference was not required to be held in relation to the transitional family law case under the former Supreme Court Rules, the trial may proceed without a trial management conference.
(18) If there is any dispute in relation to the procedure to be applied to or followed in a family law case referred to in this rule, any party may seek directions.
Rule 23-2 — Family Law Act Transitional Provisions
(1) In these Supreme Court Family Rules, as they relate to a family law case started before March 18, 2013,
(a) a reference to relief referred to in paragraph (a), (b), (c), (d) or (e) of the definition of "family law case" in Rule 1-1 includes reference to relief referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) of the definition of "family law case" in Rule 1-1 as it read before March 18, 2013,
(b) a reference to a claim under the Family Law Act includes reference to a claim under the Family Relations Act,
(c) a reference to a claim or relief under Part 5 of the Family Law Act includes reference to a claim or relief under Part 5 of the Family Relations Act, and
(d) a reference to a claim or relief under Part 6 of the Family Law Act includes reference to a claim or relief under Part 6 of the Family Relations Act.
[en. B.C. Reg. 133/2012, s. 27.]
(2) If a document filed before March 18, 2013 contains one or more claims for relief under the Family Relations Act, the court may, subject to sections 252 and 253 of the Family Law Act, treat the document, as it relates to those claims, as one seeking relief under the Family Law Act and make one or more orders accordingly.
[en. B.C. Reg. 133/2012, s. 27.]
(3) Rule 13-1 as it read before March 18, 2013 applies to any report under section 15 of the Family Relations Act that was completed before March 18, 2013.
[en. B.C. Reg. 133/2012, s. 27.]
(4) A reference in a filed pleading or other filed document to a non-final order is deemed to be a reference to an interim order.
[en. B.C. Reg. 133/2012, s. 27.]
(5) If there is any dispute in relation to the procedure to be applied to or followed in a family law case started before March 18, 2013, any party may seek directions.
[en. B.C. Reg. 133/2012, s. 27.]
(6) If a proceeding started before November 24, 2011 includes a claim for parental support, the provisions of these Supreme Court Family Rules that apply to spousal support claims apply to the claim for parental support.
[en. B.C. Reg. 133/2012, s. 27.]
Contents | Parts 1 to 9 | Parts 10 to 14 | Parts 15 to 23 | Appendix A | Appendix B | Appendix C
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