|
Contents
|
|
Rule 1 — Citation, Application and Interpretation
|
| |
(1)
|
Citation
|
| |
(2)
|
Idem
|
| |
(3)
|
Idem
|
| |
(4)
|
Application
|
| |
(5)
|
Object of rules
|
| |
(6)
|
Interpretation
|
| |
(7)
|
Titles and headings
|
| |
(8)
|
Definitions
|
| |
(9–10)
|
Repealed
|
| |
(11)
|
Waiver of rule by agreement
|
| |
(12)
|
Orders on terms and conditions
|
| |
(13)
|
Petitions and applications
|
| |
(14)
|
Enactments of Canada
|
| |
(15)
|
Mutatis mutandis
|
|
Rule 2 — Effect of Non-compliance
|
| |
(1)
|
Non-compliance with rules
|
| |
(2)
|
Idem
|
| |
(3)
|
Idem
|
| |
(4)
|
Application to set aside for irregularity
|
| |
(5)
|
Consequences of certain non-compliance
|
| |
(6)
|
Idem
|
| |
(7)
|
Dismissal for want of prosecution
|
|
Rule 3 — Time
|
| |
(1)
|
Computation of time
|
| |
(2)
|
Extending or shortening time
|
| |
(3)
|
Idem
|
| |
(3.1)
|
Short notice applications
|
| |
(3.2)
|
Form of applications
|
| |
(4)
|
Notice of intention to proceed after delay of one year
|
| |
(5)
|
Want of prosecution
|
| |
(6)
|
Attendance
|
|
Rule 4 — Forms and Documents
|
| |
(1)
|
Forms
|
| |
(2)
|
Documents
|
| |
(3)
|
Idem
|
| |
(3.1)
|
Space for stamp
|
| |
(4)
|
Style of proceeding
|
| |
(4.1)
|
Style of proceeding for class proceeding
|
| |
(5)
|
Signature and dating
|
| |
(6)
|
Address for delivery
|
| |
(7)
|
Required address
|
| |
(7.1)
|
Required address must be available for delivery of documents
|
| |
(8)
|
Additional addresses for delivery
|
| |
(9)
|
Address must be in British Columbia
|
| |
(10)
|
Change of address for delivery
|
|
Rule 5 — Multiple Claims and Parties
|
| |
(1)
|
Multiple claims
|
| |
(2)
|
Multiple parties
|
| |
(3)
|
Idem
|
| |
(4)
|
Idem
|
| |
(5)
|
Idem
|
| |
(6)
|
Separation
|
| |
(7)
|
Idem
|
| |
(8)
|
Consolidation
|
| |
(9)
|
Misjoinder or nonjoinder of parties
|
| |
(10)
|
Carriage by Air Act
|
| |
(11)
|
Representative proceeding
|
| |
(12)
|
Idem
|
| |
(13)
|
Enforcement of order made in representative proceeding
|
| |
(14)
|
Representation of interested person who cannot be ascertained
|
| |
(15)
|
Idem
|
| |
(16)
|
Idem
|
| |
(17)
|
Representation of beneficiaries by trustees
|
| |
(18)
|
Idem
|
| |
(19)
|
Representation of deceased person interested in a proceeding
|
| |
(20)
|
Idem
|
| |
(21)
|
Person as relator
|
| |
(22)
|
Declaratory order
|
| |
(23)
|
Conduct of a proceeding
|
|
Rule 6 — Persons under Disability
|
| |
(1)
|
Interpretation
|
| |
(2)
|
Commencement of proceedings by person under disability
|
| |
(3)
|
Idem
|
| |
(4)
|
Idem
|
| |
(5)
|
Litigation guardian
|
| |
(6)
|
Committee as litigation guardian
|
| |
(7)
|
Consent of litigation guardian
|
| |
(8)
|
Certificate of fitness
|
| |
(8.1)
|
Certificate for a litigation guardian
|
| |
(9)
|
Party becoming incompetent
|
| |
(10)
|
Removal of litigation guardian
|
| |
(10.1)
|
Party attaining age of majority
|
| |
(10.2)
|
Effect of filing affidavit
|
| |
(11)
|
Step in default
|
| |
(12)
|
Idem
|
| |
(13)
|
Idem
|
| |
(14)
|
Compromise by person under disability
|
| |
(15)
|
Approval of compromise
|
|
Rule 7 — Partnerships
|
| |
(1)
|
Partners may sue or be sued in firm name
|
| |
(2)
|
Service on firm
|
| |
(3)
|
Appearance
|
| |
(4)
|
Affidavit naming partners
|
| |
(5)
|
Idem
|
| |
(6)
|
Execution against partnership or partners
|
| |
(7)
|
Idem
|
| |
(8)
|
Idem
|
| |
(9)
|
Idem
|
| |
(10)
|
Action against person carrying on business in a name other than the person's own
|
|
Rule 8 — Form and Commencement of Proceedings
|
| |
(1)
|
Writ of summons
|
| |
(2)
|
Endorsement
|
| |
(3)
|
Form
|
| |
(4)
|
Service
|
| |
(5)
|
Representative action
|
| |
(6–7)
|
Repealed
|
| |
(8)
|
Writ of summons to be signed
|
| |
(9)
|
Sealing of writ of summons
|
| |
(10)
|
Registrar's copy of writ of summons
|
| |
(11)
|
Procedure on filing writ of summons
|
| |
(12)
|
Lost writ of summons
|
| |
(13)
|
Proceedings under the Wills Variation Act
|
| |
(14)
|
Idem
|
| |
(15)
|
Idem
|
| |
(16)
|
Idem
|
| |
(17)
|
Repealed
|
| |
(18)
|
Application to petition
|
|
Rule 8A — Transfer of Proceedings from Provincial Court
|
| |
(1)
|
Definition
|
| |
(2)
|
These rules apply to transferred proceedings
|
| |
(3)
|
Pleadings
|
| |
(4)
|
Plaintiff must file and serve statement of claim
|
| |
(5)
|
When statement of claim to be filed and served
|
| |
(6)
|
Statement of defence and counterclaim
|
| |
(7)
|
Previous address for delivery
|
| |
(8)
|
New address for delivery
|
| |
(9)
|
Filing fees
|
| |
(10)
|
New filing is not an amendment
|
|
Rule 8B — Transfer of Proceedings from Foreign Courts
|
| |
(1)
|
Court may require translation for transferred proceeding
|
| |
(2)
|
Entry prohibited until security given
|
| |
(3)
|
Translation and security expenses may be claimed as disbursements
|
|
Rule 9 — Renewal of Writ
|
| |
(1)
|
Renewal of original writ of summons
|
| |
(2)
|
Renewal of renewed writ of summons
|
| |
(3)
|
Renewal of writ of summons
|
| |
(4)
|
Repealed
|
| |
(5)
|
Application to petition
|
|
Rule 10 — Originating Application
|
| |
(1)
|
Originating application
|
| |
(2)
|
Originating application by consent or if notice not required
|
| |
(3)
|
Originating application by petition
|
| |
(4)
|
Service
|
| |
(5)
|
Response
|
| |
(6)
|
Time for response
|
| |
(7)
|
Reply by petitioner
|
| |
(8)
|
No additional affidavits
|
| |
(9–14)
|
Repealed
|
| |
(15–16)
|
Repealed
|
|
Rule 11 — Service and Delivery of Documents
|
| |
(1)
|
Service of writ of summons
|
| |
(2)
|
How service effected
|
| |
(3)
|
Date of deemed service
|
| |
(4)
|
Service on agent
|
| |
(5)
|
Service on Attorney General
|
| |
(6)
|
Service on a party of record
|
| |
(6.1)
|
How to deliver a document
|
| |
(6.2)
|
Restrictions on fax
|
| |
(6.3)
|
When delivery by mail is effective
|
| |
(6.4)
|
When delivery by fax is effective
|
| |
(6.5)
|
If document does not reach person
|
| |
(7)
|
Proof of service or delivery
|
| |
(8)
|
Service or delivery acknowledged by solicitor
|
| |
(9)
|
Repealed
|
| |
(10)
|
Delivery where no address for delivery given
|
| |
(11)
|
Service on member of Canadian Armed Forces
|
| |
(12)
|
Proof of service by sheriff
|
|
Rule 12 — Substituted Service
|
| |
(1)
|
Court may order substituted service
|
| |
(2)
|
How substituted service effected
|
| |
(3)
|
Service of order required
|
| |
(4)
|
Substituted service at residence without order
|
| |
(5)
|
Effective date of service
|
| |
(6)
|
Affidavit
|
| |
(7)
|
Substituted service by mail without order
|
| |
(8)
|
Effective date of service
|
| |
(9)
|
Affidavit
|
| |
(10)
|
Limits on substituted service
|
| |
(11)
|
If document does not reach person
|
|
Rule 13 — Service Outside British Columbia
|
| |
(1)
|
Service outside British Columbia without leave
|
| |
(2)
|
Idem
|
| |
(3)
|
Application for leave to service outside the jurisdiction
|
| |
(4)
|
Applications may be made without notice
|
| |
(5)
|
Service of order, etc.
|
| |
(6)
|
Time for appearance
|
| |
(6.1)
|
Time for appearance may be shortened
|
| |
(7)
|
Where service without leave valid
|
| |
(8)
|
Contract containing terms for service
|
| |
(9)
|
Idem
|
| |
(10)
|
Repealed
|
| |
(11)
|
Definition
|
| |
(12)
|
Manner of service abroad
|
| |
(13)
|
Proof of service abroad
|
| |
(14)
|
Forms
|
| |
(15)
|
Certificate
|
|
Rule 14 — Appearance
|
| |
(1)
|
Filing of appearance
|
| |
(2)
|
Repealed
|
| |
(3)
|
Time for appearance
|
| |
(4)
|
Appearance after time for appearance
|
| |
(5)
|
Conditional appearance
|
| |
(6)
|
Disputed jurisdiction
|
| |
(6.1)
|
Order declining jurisdiction may be sought
|
| |
(6.2)
|
Disputed process or service
|
| |
(6.3)
|
Powers of court pending resolution
|
| |
(6.4)
|
Party does not submit to jurisdiction
|
| |
(7-8)
|
Repealed
|
|
Rule 15 — Change of Parties
|
| |
(1)
|
Party's death, bankruptcy, etc.
|
| |
(2)
|
Idem
|
| |
(3)
|
Assignment or conveyance of interest
|
| |
(4)
|
Change or transmission of interest or liability
|
| |
(5)
|
Removing, adding or substituting party
|
| |
(6)
|
Procedure where order made
|
| |
(7)
|
Effect of order
|
| |
(8)
|
Prosecution of action where plaintiff or petitioner dies
|
| |
(9)
|
Idem
|
|
Rule 16 — Change of Solicitor
|
| |
(1)
|
Change of solicitor
|
| |
(2)
|
Order that solicitor has ceased to act
|
| |
(3)
|
Repealed
|
| |
(4)
|
Order on application of solicitor
|
| |
(5)
|
Notice of withdrawal
|
| |
(6)
|
Filing of objection
|
| |
(7)
|
Procedure where no objection filed
|
| |
(8)
|
Delivery of notice of withdrawal
|
| |
(9)
|
Delivery of documents after withdrawal
|
| |
(10)
|
Procedure where objection filed
|
| |
(11)
|
Substituted service
|
| |
(12)
|
Delivery of copy of order
|
|
Rule 17 — Default of Appearance to Writ
|
| |
(1)
|
Default in filing of appearance
|
| |
(2)
|
Filings required
|
| |
(3)
|
Claim for debt or liquidated demand
|
| |
(4)
|
Idem
|
| |
(5)
|
Claim for unliquidated damages
|
| |
(6)
|
Claim for detention of goods
|
| |
(7)
|
Multiple claims
|
| |
(8)
|
Method of assessment
|
| |
(9)
|
Judgment in other claims
|
| |
(10)
|
Idem
|
| |
(11)
|
Application to judge or master
|
| |
(12)
|
Court may set aside or vary default judgment
|
| |
(13)
|
Alternative methods of assessment
|
|
Rule 18 — Summary Judgment in Action
|
| |
(1)
|
Application for
|
| |
(2)
|
Order for
|
| |
(3)
|
Continuing proceedings after summary judgment
|
| |
(4)
|
Summary judgment on counterclaim or third party proceeding
|
| |
(5)
|
Setting aside or varying summary judgment
|
| |
(6)
|
Summary judgment for defendant
|
| |
(7)
|
Order for summary judgment for defendant
|
|
Rule 18A — Summary Trial
|
| |
(1)
|
Application
|
| |
(1.1)
|
When application must be heard
|
| |
(2)
|
Setting application for hearing
|
| |
(3)
|
Evidence on application
|
| |
(4)
|
Application of Rule 40
|
| |
(4.1)
|
Application of Rule 40A
|
| |
(5)
|
Filings with application
|
| |
(6)
|
Notice of evidence to be used on application
|
| |
(7)
|
Time for giving notice
|
| |
(8)
|
Ancillary orders and directions
|
| |
(9)
|
Repealed
|
| |
(10)
|
Preliminary directions
|
| |
(10.1)
|
Ancillary or preliminary orders and directions may be made at or before
application
|
| |
(10.2)
|
Judge not seized of application
|
| |
(11)
|
Judgment
|
| |
(12)
|
No further application without leave
|
| |
(13)
|
Directions
|
| |
(14)
|
Repealed
|
| |
(15)
|
Right to vary or set aside order
|
| |
(16)
|
Order if jury notice filed
|
|
Rule 19 — Pleadings Generally
|
| |
(1)
|
Contents
|
| |
(2)
|
Idem
|
| |
(3)
|
Idem
|
| |
(4)
|
Idem
|
| |
(5)
|
Form
|
| |
(6)
|
Matters arising since commencement
|
| |
(7)
|
Inconsistent allegations
|
| |
(8)
|
Alternative allegations
|
| |
(9)
|
Objection in point of law
|
| |
(9.1)
|
Pleading conclusions of law
|
| |
(10)
|
Status admitted
|
| |
(11)
|
Where particulars necessary
|
| |
(11.1)
|
Further particulars
|
| |
(12)
|
Particulars in libel or slander
|
| |
(13)
|
Set-off or counterclaim
|
| |
(14)
|
Filing and delivery of pleadings
|
| |
(15)
|
Pleading after the statement of claim
|
| |
(16)
|
Order for particulars
|
| |
(17)
|
Demand for particulars
|
| |
(18)
|
Demand for particulars not a stay of proceedings
|
| |
(19)
|
Denial required if fact not admitted
|
| |
(20)
|
General denial sufficient except where proving different facts
|
| |
(21)
|
Substance to be answered
|
| |
(22)
|
Denial of contract
|
| |
(23)
|
Allegation of malice
|
| |
(24)
|
Scandalous, frivolous or vexatious matters
|
| |
(25)
|
Idem
|
| |
(26)
|
Idem
|
| |
(27)
|
Idem
|
| |
(28)
|
General relief
|
| |
(29)
|
General damages shall not be pleaded
|
|
Rule 20 — Statement of Claim
|
| |
(1)
|
Form
|
| |
(2)
|
Delivery
|
| |
(3)
|
Altering claim from that endorsed on the writ
|
| |
(4)
|
Place of trial
|
| |
(5)
|
Specific relief
|
|
Rule 21 — Statement of Defence and Counterclaim
|
| |
(1)
|
Form
|
| |
(2)
|
Bills of exchange
|
| |
(3)
|
Contracts
|
| |
(4)
|
Damages
|
| |
(5)
|
Delivery
|
| |
(6)
|
Counterclaim
|
| |
(7)
|
Idem
|
| |
(8)
|
Counterclaim against plaintiff and another person
|
| |
(9)
|
Idem
|
| |
(10)
|
Idem
|
| |
(11)
|
Idem
|
| |
(12)
|
Defence to counterclaim
|
| |
(13)
|
Separate trial of counterclaim
|
| |
(14)
|
Where action stayed or discontinued
|
| |
(15)
|
Judgment
|
| |
(16)
|
Payment into court when tender pleaded
|
| |
(17)
|
Costs where defence of tender successful
|
| |
(18)
|
Acceptance of money paid into court
|
| |
(19)
|
Tender in defamation action
|
|
Rule 22 — Third Party Procedure
|
| |
(1)
|
Filing a third party notice
|
| |
(2)
|
Contents of a third party notice
|
| |
(3)
|
When leave is required
|
| |
(4)
|
Application for leave
|
| |
(5)
|
Service and delivery of a third party notice
|
| |
(6)
|
Application to set aside notice
|
| |
(7)
|
Appearance
|
| |
(8)
|
Statement of defence
|
| |
(9)
|
Reply
|
| |
(10)
|
Default of appearance
|
| |
(11)
|
Default of statement of defence
|
| |
(12)
|
Relief
|
| |
(13)
|
Statement of defence to statement of claim
|
| |
(14)
|
Contribution or indemnity claimed under the Negligence Act
|
| |
(15)
|
Apportionment of liability claimed under the Negligence Act
|
| |
(16)
|
When statement of defence to third party notice not required
|
| |
(17)
|
Application for directions
|
| |
(18)
|
Third party procedure not to prejudice the plaintiff
|
| |
(19)
|
Trial
|
|
Rule 23 — Reply and Subsequent Pleadings
|
| |
(1)
|
Form
|
| |
(2)
|
Delivery of reply
|
| |
(3)
|
Pleading subsequent to reply
|
| |
(4)
|
Statement of defence to counterclaim
|
| |
(5)
|
Close of pleadings
|
| |
(6)
|
Failure to reply
|
| |
(7)
|
No joinder of issue
|
|
Rule 24 — Amendment
|
| |
(1)
|
When amendment may be made
|
| |
(2)
|
How amendments made
|
| |
(3)
|
Idem
|
| |
(4)
|
Service of amended pleading
|
| |
(5)
|
Amendment at trial
|
| |
(6)
|
Service or delivery of amended document
|
| |
(7)
|
Time for appearance to amended writ or petition
|
| |
(8)
|
Amendments consequent upon amendment
|
| |
(9)
|
Failure to deliver amended statement of defence
|
|
Rule 25 — Default of Pleading
|
| |
(1)
|
Default in filing and delivering a statement of claim
|
| |
(2)
|
Default in filing and delivering a statement of defence
|
| |
(3)
|
Filings required
|
| |
(4)
|
Claim for debt or liquidated demand
|
| |
(5)
|
Idem
|
| |
(6)
|
Claim for unliquidated damages
|
| |
(7)
|
Claim for detention of goods
|
| |
(8)
|
Multiple claims
|
| |
(9)
|
Application to judge or master
|
| |
(10)
|
No defence to part of claim
|
| |
(11)
|
No execution on default judgment where there is a counterclaim
|
| |
(12)
|
Judgment in other claims
|
| |
(13)
|
Default by one of several defendants
|
| |
(14)
|
Method of assessment
|
| |
(15)
|
Court may set aside or vary default judgment
|
| |
(16)
|
Alternative methods of assessment
|
|
Rule 26 — Discovery and Inspection of Documents
|
| |
(1)
|
Delivery of and answer to demand for discovery of documents
|
| |
(1.1)
|
Court may order delivery of list of documents
|
| |
(1.2)
|
Court may excuse performance
|
| |
(1.3)
|
Documents to be enumerated
|
| |
(1.4)
|
Insurance policy
|
| |
(1.5)
|
Information not to be disclosed
|
| |
(1.6)
|
Insurance policy
|
| |
(2)
|
Claim for privilege
|
| |
(2.1)
|
Nature of privileged documents to be described
|
| |
(3)
|
Affidavit verifying list of documents
|
| |
(4)
|
Application for specific documents
|
| |
(5)
|
Idem
|
| |
(6)
|
Cross-examination on affidavit
|
| |
(7)
|
Inspection of documents
|
| |
(8)
|
Production of document referred to in pleadings
|
| |
(9)
|
Copies of documents
|
| |
(10)
|
Order to produce document
|
| |
(11)
|
Idem
|
| |
(12)
|
Inspection of document by court
|
| |
(13)
|
Supplementary list of documents
|
| |
(14)
|
Party may not use document
|
| |
(15)
|
Determination of issue before discovery
|
|
Rule 27 — Examination for Discovery
|
| |
(1)
|
Leave of the court not required
|
| |
(2)
|
Oral examination on oath
|
| |
(3)
|
Examination of party adverse in interest
|
| |
(4)
|
Examination of director, etc.
|
| |
(5)
|
Examination of employees, agents, etc.
|
| |
(6)
|
Corporation to name person for examination
|
| |
(7)
|
Examination of partners
|
| |
(8)
|
Examination of party for whose benefit action brought
|
| |
(9)
|
Examination of assignor
|
| |
(10)
|
Examination of guardian and infants
|
| |
(11)
|
Examination of mentally incompetent person
|
| |
(12)
|
Examination of bankrupt
|
| |
(13)
|
Time
|
| |
(14)
|
Place
|
| |
(15)
|
Examination before reporter
|
| |
(16)
|
Appointment
|
| |
(17)
|
Delivery of notice
|
| |
(18)
|
Repealed
|
| |
(19)
|
Idem
|
| |
(20)
|
Production of documents
|
| |
(21)
|
Examination and re-examination
|
| |
(22)
|
Scope of examination
|
| |
(22.1)
|
Scope includes insurance
|
| |
(22.2)
|
Information not to be disclosed
|
| |
(22.3)
|
Insurance policy
|
| |
(23)
|
Idem
|
| |
(24)
|
Objections
|
| |
(25)
|
How recorded
|
| |
(26)
|
Application to persons outside British Columbia
|
|
Rule 28 — Pre-trial Examination of Witness
|
| |
(1)
|
Order for
|
| |
(2)
|
Expert
|
| |
(3)
|
Affidavit in support of application
|
| |
(4)
|
Notice of application
|
| |
(5)
|
Subpoena
|
| |
(6)
|
Notice of examination
|
| |
(7)
|
Mode of examination
|
| |
(8)
|
Application of examination for discovery rules
|
|
Rule 29 — Discovery by Interrogatories
|
| |
(1)
|
Service of and answer to interrogatories
|
| |
(2)
|
Where a party is a body of persons
|
| |
(3)
|
Time for service
|
| |
(4)
|
Where more than one person to answer interrogatories
|
| |
(5)
|
Objection to answer interrogatory
|
| |
(6)
|
Insufficient answer to interrogatory
|
| |
(7)
|
Application to strike out interrogatory
|
| |
(8)
|
Delivery of interrogatories to solicitor
|
| |
(9)
|
Idem
|
| |
(10)
|
Continuing obligation to answer
|
|
Rule 30 — Physical Examination and Inspection
|
| |
(1)
|
Order for medical examination
|
| |
(2)
|
Subsequent examinations
|
| |
(3)
|
Questions by examiner
|
| |
(4)
|
Order for inspection and preservation of property
|
| |
(5)
|
Entry upon land or buildings
|
| |
(6)
|
Application to persons outside British Columbia
|
|
Rule 31 — Admissions
|
| |
(1)
|
Notice to admit
|
| |
(2)
|
Effect of notice to admit
|
| |
(3)
|
Copy of document to be attached
|
| |
(4)
|
Unreasonable refusal to admit
|
| |
(5)
|
Withdrawal of admission
|
| |
(6)
|
Application for order on admissions
|
| |
(7–9)
|
Repealed
|
|
Rule 32 — Inquiries, Assessments and Accounts
|
| |
(1)
|
Direction for inquiries, assessments or accounts
|
| |
(2)
|
Certificate as to result
|
| |
(3)
|
Report and recommendation
|
| |
(4)
|
Application to vary or confirm recommendation
|
| |
(5)
|
Time and place of hearing
|
| |
(6)
|
Appointment
|
| |
(7)
|
Witnesses
|
| |
(8)
|
Certificate or recommendation to be filed and served
|
| |
(8.1)
|
Party may file certificate
|
| |
(9)
|
Opinion of the court
|
| |
(10)
|
Accounts of executor, trustee, etc.
|
| |
(11)
|
Special directions
|
| |
(12)
|
Varying directions
|
| |
(13)
|
Form of account
|
| |
(14)
|
Particulars of errors in account
|
| |
(15)
|
Repealed
|
| |
(16)
|
Notice of order
|
| |
(17)
|
Dispensing with service
|
| |
(18)
|
Person may apply to vary or rescind
|
| |
(19)
|
Person may enter appearance
|
|
Rule 32A — Court Appointed Experts
|
| |
(1)
|
Appointment by court
|
| |
(2)
|
Idem
|
| |
(3)
|
Directions to expert
|
| |
(4)
|
Contents of order appointing expert
|
| |
(5)
|
Remuneration of expert
|
| |
(6)
|
Security for remuneration
|
| |
(7)
|
Report
|
| |
(8)
|
Report filed as evidence
|
| |
(9)
|
Further reports
|
| |
(10)
|
Cross-examination of expert
|
|
Rule 33 — Special Case
|
| |
(1)
|
Statement of special case
|
| |
(2)
|
Court may order special case
|
| |
(3)
|
Form of special case
|
| |
(4)
|
Hearing of special case
|
| |
(5)
|
Order after hearing of special case
|
|
Rule 33A — Stated Cases
|
| |
(1)
|
Definitions
|
| |
(2)
|
Application
|
| |
(3)
|
Material to be filed
|
| |
(4)
|
Identification of parties and others
|
| |
(5)
|
Contents
|
| |
(6)
|
Delivery of notice of stated case
|
| |
(7)
|
Powers of court
|
| |
(8)
|
Requirement for appearance
|
| |
(9)
|
Notice of hearing of stated case
|
|
Rule 34 — Proceedings on a Point of Law
|
| |
(1)
|
Point of law may be set down for hearing
|
| |
(2)
|
Court may dispose of whole action
|
|
Rule 35 — Pre-trial Conference
|
| |
(1)
|
Request for pre-trial conference
|
| |
(2)
|
Order for pre-trial conference
|
| |
(3)
|
Agenda of pre-trial conference
|
| |
(3.1)
|
Interlocutory application at a pre-trial conference
|
| |
(4)
|
Order following pre-trial conference
|
| |
(5)
|
Idem
|
| |
(6)
|
Idem
|
| |
(7)
|
Pre-trial judge may preside
|
| |
(8)
|
When judge shall not preside
|
|
Rule 36 — Discontinuance and Withdrawal
|
| |
(1)
|
Discontinuance by plaintiff
|
| |
(2)
|
Idem
|
| |
(3)
|
Withdrawal by defendant
|
| |
(4)
|
Costs and default procedure on discontinuance or withdrawal
|
| |
(5)
|
Idem
|
| |
(6)
|
Idem
|
| |
(7)
|
Idem
|
| |
(8)
|
Discontinuance not a defence
|
| |
(9)
|
Application to counterclaim, etc.
|
|
Rule 37 —
|
|
Rule 37A —
|
|
Rule 37B — Offer To Settle
|
| |
(1)
|
Definition
|
| |
(2)
|
Offer not to be disclosed
|
| |
(3)
|
Offer not an admission
|
| |
(4)
|
Offer may be considered in relation to costs
|
| |
(5)
|
Cost options
|
| |
(6)
|
Considerations of court
|
| |
(7)
|
Costs for settlement in cases within small claims jurisdiction
|
| |
(8)
|
Counter offer
|
|
Rule 38 — Depositions
|
| |
(1)
|
Examination of person
|
| |
(2)
|
Grounds for order
|
| |
(3)
|
Subpoena
|
| |
(4)
|
Place of examination
|
| |
(5)
|
Application of rule outside British Columbia
|
| |
(6)
|
Where person willing to testify
|
| |
(7)
|
Where person not willing to testify
|
| |
(8)
|
Letter of request
|
| |
(9)
|
Filing of undertaking
|
| |
(10)
|
Notice of examination
|
| |
(11)
|
Mode of examination
|
| |
(12)
|
Objection to question
|
| |
(13)
|
Recording of deposition evidence
|
| |
(14)
|
Perpetuating testimony
|
|
Rule 39 — Trial
|
| |
(1)
|
Application
|
| |
(2)
|
When notice of trial may be given
|
| |
(3)
|
Obtaining trial date
|
| |
(4)
|
Idem
|
| |
(5)
|
Registry
|
| |
(5.1–5.2)
|
Repealed
|
| |
(6)
|
Delivery of notice of trial
|
| |
(7)
|
Place of trial
|
| |
(8)
|
Time of trial
|
| |
(9)
|
Court may adjourn trial date, etc.
|
| |
(10)
|
Duty to inform registry
|
| |
(11)
|
Trial record for the court
|
| |
(11.1)
|
Powers of registrar respecting trial records
|
| |
(11.2)
|
Trial record documents to be marked
|
| |
(12)
|
Filing and delivery of trial record
|
| |
(13)
|
Amended trial record
|
| |
(14)
|
Direction as to trial record
|
| |
(15–18)
|
Repealed
|
| |
(19)
|
Trial certificate
|
| |
(20)
|
What certificate must contain
|
| |
(21)
|
Service
|
| |
(22)
|
Failure to file
|
| |
(23)
|
Idem
|
| |
(24)
|
Trial without jury generally
|
| |
(25)
|
Trial without jury in certain proceedings
|
| |
(26)
|
Notice requiring jury trial
|
| |
(26.1)
|
Jury notice not to prevent transfer of proceeding
|
| |
(27)
|
Court may refuse jury trial
|
| |
(28)
|
Trial with assessor
|
| |
(29)
|
Trial of one question before others
|
| |
(30)
|
Trial by different modes of trial
|
| |
(31)
|
Calculation of amount by officer of the court
|
| |
(32)
|
Failure of all parties to appear at trial
|
| |
(33)
|
Failure of one party to appear at trial
|
| |
(34)
|
Court may set aside judgment
|
| |
(35)
|
Repealed
|
| |
(36)
|
Commencement — subrules (19) to (23)
|
|
Rule 40 — Evidence and Procedure at Trial
|
| |
(1)
|
Application
|
| |
(2)
|
Witness to testify orally
|
| |
(3)
|
Court may vary order
|
| |
(4)
|
Use of transcript of other proceedings
|
| |
(5)
|
Transcript for the court
|
| |
(6)
|
Use of recording device by counsel
|
| |
(7)
|
Failure to prove a material fact
|
| |
(8)
|
No evidence motion
|
| |
(9)
|
Idem
|
| |
(10)
|
Insufficient evidence motion
|
| |
(11)
|
Idem
|
| |
(12)
|
Notice to produce
|
| |
(12.1)
|
Numbering exhibit pages
|
| |
(13)
|
Opportunity to inspect exhibit
|
| |
(14)
|
Registry to take charge of exhibits
|
| |
(15)
|
Return of exhibits
|
| |
(16)
|
Disposal of exhibits after final disposition
|
| |
(16.1)
|
Notice respecting disposal of exhibits before final disposition
|
| |
(16.2)
|
Disposal of exhibits before final disposition
|
| |
(16.3)
|
If exhibit disposed of
|
| |
(16.4)
|
If exhibit destroyed
|
| |
(17)
|
Adverse party as witness
|
| |
(17.1)
|
Notice to call adverse party as witness
|
| |
(17.2)
|
Exceptions
|
| |
(17.3)
|
Application to set notice aside
|
| |
(17.4)
|
Court may make order
|
| |
(18)
|
"Adverse party" defined
|
| |
(19)
|
Refusal to comply with notice
|
| |
(20)
|
Adverse party as witness may be cross-examined
|
| |
(21)
|
Examination of witnesses
|
| |
(22)
|
Any party may contradict testimony
|
| |
(23)
|
Use of deposition evidence
|
| |
(24)
|
Use of videotape, etc.
|
| |
(25)
|
Proof of deposition evidence
|
| |
(26)
|
Deposition to be given in full
|
| |
(27)
|
Use of discovery evidence
|
| |
(28)
|
Discovery evidence of person under disability
|
| |
(29)
|
Transcripts of discovery evidence
|
| |
(30)
|
Use of pre-trial examination of a witness
|
| |
(31)
|
Objection to transcript evidence at trial
|
| |
(32)
|
Custody of transcripts
|
| |
(33)
|
Use of interrogatories at trial
|
| |
(34)
|
Form of subpoena
|
| |
(35)
|
Party may prepare and serve subpoena
|
| |
(36)
|
Subpoena not to be filed or sealed
|
| |
(37)
|
Service of subpoena
|
| |
(38)
|
Fees to accompany subpoena
|
| |
(39)
|
Production of documents and physical objects
|
| |
(40)
|
Order for attendance of witness in custody
|
| |
(41)
|
Failure of witness to attend, etc.
|
| |
(42)
|
Order setting aside subpoena
|
| |
(43)
|
Clerk to note time of trial
|
| |
(44)
|
Affidavit evidence
|
| |
(45)
|
Copy of affidavit must be furnished
|
| |
(45.1)
|
Cross-examination
|
| |
(45.2)
|
Court may extend or abridge time to require witness attendance
|
| |
(46)
|
Contents
|
| |
(47–48)
|
Repealed
|
| |
(49)
|
Idem
|
| |
(50)
|
Costs where attendance unnecessary
|
| |
(51)
|
Repealed
|
| |
(52)
|
Evidence of particular facts
|
| |
(53)
|
Order of speeches
|
| |
(54)
|
Court may make order respecting submissions
|
|
Rule 40A — Evidence of Experts
|
| |
(1)
|
Application
|
| |
(2)
|
Admissibility of written statements of expert opinion
|
| |
(3)
|
Admissibility of oral testimony of expert opinion
|
| |
(4)
|
Idem
|
| |
(5)
|
Form of statement
|
| |
(6)
|
Proof of qualifications
|
| |
(7)
|
Admissibility of evidence
|
| |
(8)
|
Notice of trial date to expert
|
| |
(9)
|
Demand to cross-examine
|
| |
(10)
|
Idem
|
| |
(11)
|
Idem
|
| |
(12)
|
Costs of cross-examination
|
| |
(13)
|
Notice of objection to expert evidence
|
| |
(14)
|
Idem
|
| |
(15)
|
Dispensing with statement
|
| |
(16)
|
Idem
|
| |
(17)
|
Time
|
|
Rule 41 — Orders
|
| |
(1)
|
No application for judgment necessary
|
| |
(2)
|
Judgment impossible on jury findings
|
| |
(3)
|
Only partial judgment possible on jury findings
|
| |
(4)
|
Jury failing to reach verdict
|
| |
(5)
|
Retrial
|
| |
(6)
|
Continuing trial without jury
|
| |
(7)
|
Idem
|
| |
(8)
|
Drawing and approving orders
|
| |
(9)
|
Form of order
|
| |
(10)
|
Endorsement of order on application sufficient in certain cases
|
| |
(11)
|
Order granted conditionally on document to be filed
|
| |
(12)
|
Waiver of order obtained upon condition
|
| |
(13)
|
Effect and form of orders
|
| |
(14)
|
Date of order
|
| |
(15)
|
Requirement of consent order
|
| |
(16)
|
Application by consent
|
| |
(16.1)
|
Application by consent if party under a disability
|
| |
(16.2)
|
Consent order
|
| |
(16.3)
|
Application of which notice is not required
|
| |
(16.4)
|
Referral by registrar
|
| |
(16.5)
|
Disposition of referred applications
|
| |
(17)
|
Repealed
|
| |
(18)
|
Settlement of orders
|
| |
(19)
|
Appointment to settle
|
| |
(20)
|
Party failing to attend on appointment to settle
|
| |
(21)
|
Review of settlement
|
| |
(22)
|
Registrar may draw order
|
| |
(23)
|
Special directions for carriage, entry or service
|
| |
(24)
|
Correction of orders
|
| |
(25)
|
Order book to be kept by registry
|
| |
(26)
|
Opinions, advice and directions of the court
|
|
Rule 42 — Enforcement of Orders
|
| |
(1)
|
Order to pay money to a person
|
| |
(2)
|
Order to pay money into court
|
| |
(3)
|
Order for recovery or delivery of land
|
| |
(4)
|
Order for recovery or delivery of property other than land
|
| |
(5)
|
Appointment of receiver
|
| |
(6)
|
Execution by or against person not a party
|
| |
(7)
|
Remedy on non-compliance with mandatory order
|
| |
(8)
|
Issue of execution on conditional order
|
| |
(9)
|
Issue of execution on change of parties
|
| |
(10)
|
Production of order before execution
|
| |
(11)
|
Endorsement of writ
|
| |
(12)
|
Issue of writ of sequestration, possession or delivery
|
| |
(13)
|
Issue of writ of execution where order to pay money within a period
|
| |
(14)
|
Issue of writ of execution
|
| |
(15)
|
Term and renewal of writ of execution
|
| |
(16)
|
Enforcement costs
|
| |
(17)
|
Separate writs for costs
|
| |
(18)
|
Judgment for recovery of property other than land
|
| |
(19)
|
Acknowledgment of payment
|
| |
(20)
|
Order that judgment has been paid
|
| |
(21)
|
Stay of execution
|
| |
(22)
|
Application for directions
|
| |
(23)
|
Subpoena to debtor
|
| |
(24)
|
Idem
|
| |
(25)
|
Service of subpoena
|
| |
(26)
|
Examination of debtor
|
| |
(27)
|
Examiner
|
| |
(28)
|
Examination
|
| |
(29)
|
Adjournment
|
| |
(30)
|
Debtor refusing to attend, etc.
|
| |
(31)
|
Creditor failing to attend, etc.
|
| |
(32)
|
Debtor unreasonably refusing to pay
|
| |
(33)
|
Order for payment
|
| |
(34)
|
Notice of application for committal
|
| |
(35)
|
Order for committal
|
| |
(36)
|
Form of order
|
| |
(37)
|
Term of order
|
| |
(38)
|
Payment to sheriff
|
| |
(39)
|
Debtor to be brought before court
|
| |
(40)
|
Application to set aside or vary order
|
| |
(41)
|
Payment of debt
|
| |
(42)
|
Requisition for discharge
|
| |
(43)
|
Failure to pay sheriff
|
| |
(44)
|
Liability imposed by order
|
| |
(45)
|
Enforcement of alimony or maintenance order
|
| |
(46)
|
Enforcement of certificate
|
|
Rule 42A — Examination in Aid of Execution
|
| |
(1)
|
Examination of debtor
|
| |
(2)
|
Examination of corporate, partnership or firm debtor
|
| |
(3)
|
Limitation
|
| |
(4)
|
Examination of person other than debtor
|
| |
(5)
|
Order in certain cases
|
| |
(6)
|
Application of examination for discovery rules
|
| |
(7)
|
Use of examination
|
| |
(8)
|
Costs
|
| |
(9)
|
Interpretation
|
|
Rule 43 — Sales by the Court
|
| |
(1)
|
Court may order sale
|
| |
(2)
|
Sale in debenture holder's proceeding
|
| |
(3)
|
Conduct of sale
|
| |
(4)
|
Directions for sale
|
| |
(5)
|
Application for directions
|
| |
(6)
|
Certificate of sale
|
| |
(7)
|
Vesting order
|
|
Rule 44 — Interlocutory Application
|
| |
(1)
|
How interlocutory application must be brought
|
| |
(2)
|
Interlocutory application by consent or if notice not required
|
| |
(3)
|
Notice of motion
|
| |
(4)
|
More than one matter may be included
|
| |
(5)
|
Service or delivery
|
| |
(6)
|
Response
|
| |
(6.1)
|
Address for delivery
|
| |
(7)
|
Time for response
|
| |
(8)
|
Reply by applicant
|
| |
(9)
|
No additional affidavits
|
| |
(10)
|
Place of hearing of application
|
| |
(11)
|
Place of hearing must be stated
|
| |
(12)
|
If more than one place
|
| |
(13)
|
If place of hearing is a place other than that at which the proceeding was
commenced
|
| |
(14)
|
Place of hearing of motion with leave of registrar
|
| |
(15)
|
Notice of motion must be endorsed to reflect grant of leave
|
| |
(16)
|
If place of hearing is a place chosen with leave of the registrar
|
| |
(17)
|
Transfer of file
|
| |
(18)
|
Forwarding of materials if transfer of file impracticable
|
|
Rule 45 — Injunctions
|
| |
(1)
|
Applications for interlocutory injunctions
|
| |
(2)
|
Applications for interlocutory injunctions before proceeding commenced
|
| |
(3)
|
Applications for interim injunctions without notice
|
| |
(4)
|
Injunction by court order
|
| |
(5)
|
Repealed
|
| |
(6)
|
Undertaking as to damages
|
| |
(7)
|
Application for injunction after judgment
|
|
Rule 46 — Detention, Preservation and Recovery of Property
|
| |
(1)
|
Property which is the subject matter of a proceeding
|
| |
(2)
|
Fund which is the subject matter of a proceeding
|
| |
(3)
|
Allowance of income from property
|
| |
(4)
|
Recovery of specific property
|
| |
(5)
|
Compensation for wrongful recovery
|
|
Rule 47 — Receivers
|
| |
(1)
|
Appointment of
|
| |
(2)
|
Form of security
|
| |
(3)
|
Remuneration of
|
| |
(4)
|
Accounts of
|
|
Rule 48 — Interpleader
|
| |
(1)
|
Entitlement to relief by way of interpleader
|
| |
(2)
|
Claim to real or personal property taken by sheriff
|
| |
(3)
|
Sheriff to deliver notice
|
| |
(4)
|
Where claim admitted
|
| |
(5)
|
Sheriff may apply for interpleader relief
|
| |
(6)
|
Mode of application
|
| |
(7)
|
Affidavit
|
| |
(8)
|
Application for interpleader relief
|
| |
(9)
|
Powers of court on hearing application
|
|
Rule 49 — Appeals
|
| |
(1)
|
Application
|
| |
(2)
|
Form
|
| |
(3)
|
Directions
|
| |
(3.1)
|
Conduct of appeal
|
| |
(3.2)
|
Application for direction
|
| |
(4)
|
Service of notice of appeal
|
| |
(5)
|
Powers of court
|
| |
(6)
|
Respondent to enter appearance
|
| |
(7)
|
Notice of hearing of appeal
|
| |
(8)
|
Notice of abandonment of appeal
|
|
Rule 50 — Foreclosure and Cancellation
|
| |
(1)
|
Commencement
|
| |
(2)
|
Service
|
| |
(3)
|
Joinder of claim or party
|
| |
(4)
|
Person filing interest after certificate of pending litigation
|
| |
(5)
|
Powers of the court
|
| |
(6)
|
Final order
|
| |
(7)
|
Order for sale
|
| |
(8)
|
Inquiry to settle terms of sale
|
| |
(9)
|
Order confirming sale
|
| |
(10)
|
Notice to assess costs
|
| |
(11)
|
Agreement for sale
|
|
Rule 51 — Affidavits
|
| |
(1)
|
Affidavit to be filed
|
| |
(2)
|
Form and content of affidavit
|
| |
(2.1)
|
Identifying affidavits
|
| |
(3)
|
Making affidavit
|
| |
(4)
|
Reference to oath in affidavit or exhibit
|
| |
(5)
|
Jurat where deponent unable to read
|
| |
(6)
|
Interpretation to deponent who does not understand English
|
| |
(7)
|
Exhibit to be marked
|
| |
(8)
|
Copies of documentary exhibits
|
| |
(8.1)
|
Numbering exhibit pages
|
| |
(9)
|
Alterations to be initialled
|
| |
(10)
|
Contents of affidavit
|
| |
(11)
|
Use of defective affidavit
|
| |
(12)
|
Affidavit made before proceeding commenced
|
| |
(13)
|
Affidavit of patient under the Patients Property Act
|
|
Rule 51A — Setting Down Applications for Hearing
|
| |
(1)
|
Application of this rule
|
| |
(2)
|
Definitions
|
| |
(3)
|
Setting application for hearing
|
| |
(4)
|
When notice of hearing must be filed
|
| |
(5)
|
Date and time of hearing
|
| |
(6)
|
Date and time if hearing time more than 2 hours
|
| |
(7)
|
Notice of hearing to be delivered to respondents
|
| |
(8)
|
Time for delivery of notice of hearing
|
| |
(9)
|
Documents to be filed with the notice of hearing if application is without
notice
|
| |
(10)
|
Documents to be filed with the notice of hearing if application is by consent,
unopposed or estimated to take not more than 30 minutes
|
| |
(11)
|
Documents to be filed by respondent if application is opposed
|
| |
(12)
|
Procedure if the application is estimated to take more than 30 minutes
|
| |
(13)
|
If respondent's application is to be heard at the hearing
|
| |
(14)
|
Chambers record to be returned
|
| |
(15)
|
Chambers record to be refiled
|
| |
(16)
|
Filing amended chambers record
|
| |
(17)
|
Court file need not be brought to chambers
|
| |
(18)
|
Respondent may apply for directions
|
|
Rule 52 — Chambers
|
| |
(1)
|
Applications to be heard in chambers
|
| |
(2)
|
Particular applications to be heard in chambers
|
| |
(3)
|
Definition of "application"
|
| |
(4)
|
Failure of party to attend
|
| |
(5)
|
Reconsideration of proceeding
|
| |
(6)
|
Adjourned hearing of application
|
| |
(7)
|
Chambers list
|
| |
(8)
|
Evidence on an application
|
| |
(9)
|
Hearing of application in public
|
| |
(10)
|
Adjournment of application returnable on a holiday
|
| |
(11)
|
Power of the court
|
| |
(12)
|
Powers of court if notice not given
|
| |
(12.1)
|
Orders without notice
|
| |
(12.2)
|
Service of orders required
|
| |
(12.3)
|
Setting aside orders made without notice
|
| |
(13)
|
Adjournment
|
| |
(14)
|
Notes of proceedings
|
|
Rule 53 — Masters, Registrars and Special Referees
|
| |
(1)
|
Powers of a master
|
| |
(2)
|
Master as registrar
|
| |
(3)
|
Powers of a master in estates
|
| |
(4)
|
Registrar's powers at registrar's hearing
|
| |
(4.1)
|
Registrar's directions at pre-hearing conference
|
| |
(5)
|
Reference by master to judge
|
| |
(5.1)
|
Reference by registrar to judge or master
|
| |
(6)
|
Appeal from master, registrar or special referee
|
| |
(7)
|
Idem
|
| |
(8)
|
Notice
|
| |
(9)
|
Appeal not to act as stay
|
|
Rule 54 — Foreign Judgments
|
| |
(1)
|
Definitions
|
| |
(2)
|
Application under Court Order Enforcement Act
|
| |
(3)
|
Affidavit in support
|
| |
(4)
|
Applications for reciprocal enforcement of judgment
|
| |
(5)
|
Form of order to register
|
| |
(6)
|
Notice of registration
|
| |
(7)
|
Setting aside registration of judgment under convention
|
| |
(8)
|
Stay of enforcement
|
| |
(9)
|
Stay of proceeding in action on foreign judgment
|
|
Rule 54.1 — Canadian Judgments
|
| |
(1)
|
Definition
|
| |
(2)
|
Registration requirements for Canadian judgments
|
|
Rule 55 — Admiralty Jurisdiction
|
| |
(1)
|
Actions to which rule applies
|
| |
(2)
|
Idem
|
| |
(3)
|
Writ of summons — actions in rem
|
| |
(4)
|
Writ of summons — when commenced with action in personam
|
| |
(5)
|
Special service rules for writs issued under subrule (3) or (4)
|
| |
(6)
|
Appearance may be filed in name of ship
|
| |
(7)
|
Default judgment
|
| |
(8)
|
Statement of defence
|
| |
(9)
|
Arrest — "Affidavit to Lead Warrant"
|
| |
(10)
|
Issue of warrant
|
| |
(11)
|
Form of warrant
|
| |
(12)
|
Repealed
|
| |
(13)
|
Service of warrant
|
| |
(14)
|
Proof of service
|
| |
(15)
|
When arrest takes effect
|
| |
(16)
|
Property not to be moved
|
| |
(17)
|
Idem
|
| |
(18)
|
Possession of property arrested
|
| |
(19)
|
Security
|
| |
Caveats
|
| |
(20)
|
Filing of caveat
|
| |
(21)
|
Withdrawal of caveat
|
| |
(22)
|
Damages for wrongful filing of caveat
|
| |
(23)
|
Application for damages
|
| |
(24)
|
Summary determination of damages
|
| |
Release of Property
|
| |
(25)
|
Release of property arrested
|
| |
(26)
|
Bailbond or guarantee
|
| |
(27)
|
Amount of bail
|
| |
(28)
|
Service of the application
|
| |
(29)
|
Idem
|
| |
(30)
|
Release
|
| |
(31)
|
Idem
|
| |
Collisions at Sea — The "Preliminary Act"
|
| |
(32)
|
Application of subrules (33) to (37)
|
| |
(33)
|
Pleadings and particulars
|
| |
(34)
|
"The preliminary act"
|
| |
(35)
|
Form of preliminary act
|
| |
(36)
|
Preliminary act not to be opened
|
| |
(37)
|
Preliminary act to form part of pleading
|
|
Rule 56 — Contempt of Court
|
| |
(1)
|
Power of court to punish
|
| |
(2)
|
Corporation in contempt
|
| |
(3)
|
Security for good behaviour
|
| |
(4)
|
Certain acts as contempt
|
| |
(5)
|
Apprehension of person
|
| |
(6)
|
Idem
|
| |
(6.1)
|
Release of apprehended person
|
| |
(6.2)
|
Order for release
|
| |
(7)
|
Proceeding for contempt
|
| |
(8)
|
Idem
|
| |
(9)
|
Hearing
|
| |
(10)
|
Service of order not necessary
|
| |
(11)
|
Suspension of punishment
|
| |
(12)
|
Discharge of person
|
| |
(13)
|
Weekly review of person in custody
|
|
Rule 57 — Costs
|
| |
(1)
|
How costs assessed generally
|
| |
(2)
|
Costs to be reasonable
|
| |
(3)
|
Special costs
|
| |
(4)
|
Expenses and disbursements
|
| |
(5)
|
Estate Administration Act
|
| |
(6)
|
Assessment officer
|
| |
(7)
|
Assessment before registrar
|
| |
(8)
|
Repealed
|
| |
(8.1)
|
Tax in respect of legal services and disbursements
|
| |
(8.2)
|
Repealed
|
| |
(9)
|
Costs to follow event
|
| |
(10)
|
Costs in cases within small claims jurisdiction
|
| |
(11)
|
Costs where party represented by an employee
|
| |
(12)
|
Costs of motions
|
| |
(12.1)
|
When costs payable
|
| |
(13)
|
Lump sum costs
|
| |
(13.1)
|
Lump sum costs of interlocutory application
|
| |
(14)
|
Costs arising from improper act or omission
|
| |
(15)
|
Costs of part of proceeding
|
| |
(16)
|
Costs payable from estate or property
|
| |
(17)
|
Set-off of costs
|
| |
(18)
|
Costs of one defendant payable by another
|
| |
(19)
|
Unnecessary expense after judgment
|
| |
(20)–(27)
|
Repealed
|
| |
(28)
|
Form of bill of costs
|
| |
(29)
|
Appointment to review a bill, examine an agreement or assess costs
|
| |
(29.01)
|
Place for review or examination
|
| |
(29.02)
|
Further particulars
|
| |
(29.1)
|
Assessment of sheriff's fees
|
| |
(30)
|
Service of appointment
|
| |
(30.1)
|
Costs on default judgment
|
| |
(31)
|
Notice to person affected
|
| |
(32)
|
Certificate of costs
|
| |
(32.1)
|
Certificate of fees
|
| |
(33)
|
Review of an assessment
|
| |
(34)
|
Form of bill in certain cases
|
| |
(35)
|
Description of services
|
| |
(36)
|
Evidence of solicitor
|
| |
(37)
|
Disallowance of solicitor client costs
|
| |
(38)
|
Costs may be ordered without assessment
|
| |
(39)
|
Notice
|
| |
(40)
|
Idem
|
| |
(41)
|
Limitation
|
| |
(42)
|
Repealed
|
| |
(43)
|
Refusal or neglect to procure assessment
|
| |
(44)
|
Referrals
|
| |
(45)
|
Commencement
|
| |
(46)
|
Idem
|
|
Rule 58 — Money in Court
|
| |
(1)
|
Interpretation
|
| |
(2)
|
Deposit of funds
|
| |
(3)
|
Deposit of securities
|
| |
(4)
|
Idem
|
| |
(5)
|
Payment out of court
|
| |
(6)
|
Interest
|
| |
(7)
|
Idem
|
| |
(8)
|
Calculation of interest
|
| |
(9)
|
Account
|
| |
(10)
|
Investments
|
| |
(11)
|
Direction for payment out
|
| |
(12)
|
Deposit of other money paid into court
|
| |
(13)
|
Idem
|
| |
(14)
|
Money for person under disability
|
| |
(14.1)
|
Payment out of money or security
|
| |
(15)
|
Payment in for infant
|
| |
(16)
|
Payment out of money held for infant
|
|
Rule 59 — Sittings and Hearings
|
| |
(1)
|
Under direction of Chief Justice
|
| |
(2)
|
Urgency
|
| |
(3)
|
Urgency or convenience
|
| |
(4)
|
Video conferencing
|
|
Rule 60 — Divorce and Family Law
|
| |
(1)
|
Definition
|
| |
(2)
|
Application
|
| |
Commencement of Proceeding
|
| |
(3)
|
Commencement by writ of summons
|
| |
(4)
|
Claim for corollary relief after divorce granted
|
| |
(5)
|
Commencement by originating application
|
| |
(6)
|
Application may be brought in same proceeding
|
| |
(7)
|
Application to vary by motion
|
| |
(8)
|
Procedural step after long delay
|
| |
Pleadings
|
| |
(9)
|
Form of pleadings
|
| |
(10)
|
Person allegedly involved in adultery
|
| |
(11)
|
Joint action for divorce
|
| |
(12)
|
Form of joint family law proceeding
|
| |
(13)
|
Withdrawal from joint family law proceeding
|
| |
(14)
|
Withdrawal of pleading
|
| |
Marriage Certificate
|
| |
(15)
|
Certificate to be filed
|
| |
Joinder
|
| |
(16)
|
Joinder of claims and parties
|
| |
Minors
|
| |
(17)
|
Party who is a minor
|
| |
(18)
|
Appointment of litigation guardian
|
| |
Service
|
| |
(19)
|
Service
|
| |
(20)
|
Affidavit of service
|
| |
Security for Costs
|
| |
(21)
|
Security for costs
|
| |
Proceedings in Default
|
| |
(22)
|
Proceedings in default
|
| |
(23)
|
Evidence in undefended divorce proceeding
|
| |
(24)
|
Application for judgment in undefended divorce proceeding
|
| |
(25)
|
Application by requisition
|
| |
(26)
|
Powers of court on application
|
| |
Certificate of Pleadings
|
| |
(27)
|
Certificate of pleadings
|
| |
Judgments and Orders
|
| |
(28)
|
Pending prior proceedings
|
| |
(29)
|
Claim for divorce joined with other claims
|
| |
(30)
|
Form of divorce order
|
| |
(31)
|
Form of certificate of divorce
|
| |
(32)
|
Delivery of divorce order
|
| |
(33)
|
Restraining order
|
| |
Appeals
|
| |
(34)
|
No stay on appeal
|
| |
Provisional and Extra-provincial Orders
|
| |
(35)
|
Provisional orders made in British Columbia
|
| |
(36)
|
Provisional orders made in another province
|
| |
(37)
|
Duty of registrar
|
| |
(38)
|
Registration of orders
|
| |
(39)
|
Exchange of orders between provinces
|
| |
(40)
|
Enforcement in Provincial Court
|
| |
Searches
|
| |
(41)
|
Search of files
|
| |
(41.1)
|
Electronic court docket information available
|
| |
(41.2)
|
Access to information
|
| |
(41.3)
|
Limitation
|
| |
(42)
|
Search of exhibits
|
| |
(43)
|
Search of agreements
|
| |
Agreements
|
| |
(44)
|
Filing of agreement under Family Relations Act
|
| |
Summons to Debtor
|
| |
(45)
|
Summons under the Family Maintenance Enforcement Act
|
| |
(46)
|
Committal summons under the Family Maintenance Enforcement
Act
|
|
Rule 60A —
|
|
Rule 60B —
|
|
Rule 60C — Family Law Rules — Interlocutory Applications at Designated
Registries
|
| |
(1)
|
Application of rule
|
| |
(2)
|
Form of application
|
| |
(3)
|
Interlocutory applications
|
| |
(4)
|
Repealed
|
| |
(5)
|
Transfers to other registries
|
| |
(6)
|
No costs or fees payable
|
| |
(7)
|
Appeal to Supreme Court
|
| |
(8)
|
Notice of appeal
|
| |
(9)
|
Service
|
| |
(10)
|
Transcripts required
|
| |
(11)
|
Place of hearing appeal
|
| |
(12)
|
Nature of appeal
|
| |
(13)
|
Application of Rule 49
|
|
Rule 60D — Family Law Proceeding — Disclosure
|
| |
(1)
|
Interpretation
|
| |
(2)
|
Application of this rule
|
| |
(2.1)
|
Numbering applicable income documents
|
| |
Applications for Child Support
|
| |
(3)
|
Who must provide Part 1 of a Form 89 financial statement
|
| |
(4)
|
Who must provide Parts 2 and 3 of a Form 89 financial statement
|
| |
(5)
|
If special or extraordinary expenses are claimed
|
| |
(6)
|
If undue hardship is claimed
|
| |
(7)
|
When party must serve documents
|
| |
(8)
|
Agreement instead of documents
|
| |
Applications for Spousal or Parental Support
|
| |
(9)
|
Who must provide income documents
|
| |
(10)
|
When party must serve documents
|
| |
Applications for Division of Assets
|
| |
(11)
|
Who must provide Part 3 of a Form 89 financial statement
|
| |
(12)
|
When parties must serve documents
|
| |
Form 89 Financial Statement
|
| |
(13)
|
Assessment notice to be included
|
| |
(14)
|
When documents must be filed
|
| |
Notice to File a Form 89 Financial Statement
|
| |
(15)
|
Service of notice to file financial statement
|
| |
(16)
|
Endorsement of notice
|
| |
Particulars of Form 89 Financial Statements
|
| |
(17)
|
Particulars may be demanded
|
| |
(18)
|
Court may order particulars
|
| |
(19)
|
Cross-examination on Form 89 financial statements
|
| |
Changes in Financial Circumstances
|
| |
(20)
|
Information must be kept current
|
| |
(21)
|
Additional documents
|
| |
(22)
|
If written statement or particulars provided
|
| |
(23)
|
Updated statements
|
| |
Disclosure of Business Interests
|
| |
(24)
|
Production of documents
|
| |
(25)
|
Responding to demand
|
| |
(26)
|
Request to corporation, partnership or proprietorship
|
| |
(27)
|
Production required
|
| |
(28)
|
Application to court for directions
|
| |
(29)
|
Application to court for exemption
|
| |
(30)
|
Application by person authorized
|
| |
(31)
|
Court may order exemption
|
| |
(32)
|
Costs
|
| |
(33)
|
When costs are payable
|
| |
Enforcement of this Rule
|
| |
(34)
|
Relief
|
| |
Confidentiality of Information
|
| |
(35)
|
Confidentiality
|
| |
(36)
|
Sealing of financial information
|
| |
Conflict with Guidelines
|
| |
(37)
|
Child support guidelines prevail
|
| |
(38)
|
No conflict
|
|
Rule 60E — Family Law Proceeding — Judicial Case Conferences
|
| |
(1)
|
Judicial case conference required
|
| |
(2)
|
Exceptions
|
| |
(3)
|
Court may grant relief
|
| |
(4)
|
Application by requisition
|
| |
(5)
|
Judicial case conference may be requested
|
| |
(6)
|
Time for delivery of notice
|
| |
(7)
|
Judicial case conference may be directed
|
| |
(7.1)
|
Party requesting a judicial case conference must file Form 89 with court
|
| |
(7.2)
|
Other parties must file and serve Form 89
|
| |
(8)
|
Judicial case conference must be conducted by judge or master
|
| |
(9)
|
Attendance
|
| |
(10)
|
Non-attendance at judicial case conference
|
| |
(11)
|
Matters for consideration
|
| |
(12)
|
Orders at judicial case conference
|
| |
(13)
|
Judge or master may be seized of further applications
|
| |
(14)
|
Other judges or masters may hear applications
|
| |
(15)
|
Repealed
|
| |
(16)
|
Repealed
|
|
Rule 61 — Administration of Estates (Non-contentious)
|
| |
(1)
|
Interpretation and application
|
| |
(2)
|
Application for probate or letters of administration
|
| |
(3)
|
Idem
|
| |
(4)
|
Proof of death
|
| |
(5)
|
Approval by registrar
|
| |
(6)
|
Hearing of application
|
| |
(7)
|
Proof of execution where no attestation clause
|
| |
(8)
|
Affidavit of witness
|
| |
(9)
|
Proof where no affidavit of witness
|
| |
(10)
|
Proof of date of execution
|
| |
(11)
|
Proof in solemn form
|
| |
(12)
|
Idem
|
| |
(13)
|
Idem
|
| |
(14)
|
Interlineations and alterations
|
| |
(15)
|
Erasures and obliterations
|
| |
(16)
|
Affidavit explaining
|
| |
(17)
|
Document referred to in a will
|
| |
(18)
|
Idem
|
| |
(19)
|
Appearance of the paper
|
| |
(20)
|
Notice to next of kin
|
| |
(21)
|
Limited administrations
|
| |
(22)
|
Idem
|
| |
(23)
|
Grants to an attorney
|
| |
(24)
|
Grants of administration to guardians
|
| |
(25)
|
Administration bonds
|
| |
(26)
|
Affidavit of surety
|
| |
(27)
|
Idem
|
| |
(28)
|
Time of issuing grant
|
| |
(29)
|
Delay in application
|
| |
(30)
|
Identity of parties
|
| |
(31)
|
Proof of search for will
|
| |
(32)
|
Idem
|
| |
(33)
|
Renunciations
|
| |
(34)
|
Caveats
|
| |
(35)
|
Idem
|
| |
(36)
|
Contents of caveat
|
| |
(37)
|
Time caveat in force
|
| |
(38)
|
No grant while caveat in force
|
| |
(39)
|
Notice to caveator
|
| |
(40)
|
Contents of notice
|
| |
(41)
|
Appearance to notice
|
| |
(42)
|
Effect of failure to appear to notice
|
| |
(43)
|
Citation to accept executorship
|
| |
(44)
|
Form of citation and answer
|
| |
(45)
|
Citation to propound an alleged will
|
| |
(46)
|
Citation to bring in a will
|
| |
(47)
|
Filing and service of citations and answers
|
| |
(48)
|
Foreign grants
|
| |
(49)
|
Foreign wills
|
| |
(50)
|
Application to reseal grant
|
| |
(51)
|
Idem
|
| |
(52)
|
Affidavit on resealing
|
| |
(53)
|
Domicile of deceased on resealing
|
| |
(54)
|
Application of other rules on resealing
|
| |
(55)
|
Grant to be resealed
|
| |
(56)
|
Notice of resealing
|
| |
(57)
|
Idem
|
| |
(58)
|
Remuneration and passing of accounts
|
| |
(59)
|
Idem
|
| |
(60)
|
Affidavit required for passing of accounts and remuneration
|
|
Rule 62 — Administration of Estates (Contentious)
|
| |
(1)
|
Interpretation
|
| |
(2)
|
Dispute as to the validity of a testamentary paper
|
| |
(3)
|
Commencement of action
|
| |
(4)
|
Parties
|
| |
(5)
|
Action for revocation of grant
|
| |
(6)
|
Failure to lodge grant on action for revocation
|
| |
(7)
|
Failure to enter appearance
|
| |
(8)
|
Counterclaim
|
| |
(9)
|
Failure to serve statement of claim
|
| |
(10)
|
Defence limited to proof in solemn form
|
| |
(11)
|
Certain rules not to apply
|
| |
(12)
|
Order for discontinuance or dismissal
|
| |
(13)
|
Compromise
|
|
Rule 63 — Crown Practice Rules in Civil Matters
|
| |
(1)
|
Originating application
|
| |
(2)
|
Writs abolished
|
| |
(3)
|
Person affected may take part in proceeding
|
|
Rule 64 — Miscellaneous
|
| |
(1)
|
Copy of document filed in registry
|
| |
(1.1)
|
Repealed
|
| |
(2)
|
When registry open
|
| |
(3)
|
Hours of registrar
|
| |
(4)
|
Lunch hours
|
| |
(5)
|
Use of seal
|
| |
(6)
|
Name of registry
|
| |
(7)
|
Signature of registrar
|
| |
(8)
|
Business not to be done out of office hours
|
| |
(9)
|
Request to registry by requisition
|
| |
(10)
|
Incapacity of judge before judgment given
|
| |
(11)
|
Idem
|
| |
(12)
|
Idem
|
| |
(13)
|
Transfers
|
|
Rule 65 —
|
|
Rule 66 — Fast Track Litigation
|
| |
(1)
|
Object
|
| |
(2)
|
Repealed
|
| |
(3)
|
Exclusions from Rule 66
|
| |
(4)
|
This rule prevails in event of conflict
|
| |
(5)
|
Court may dispense with this rule
|
| |
(6)
|
Election to use fast track
|
| |
(7)
|
Repealed
|
| |
(8)
|
When rule ceases to apply
|
| |
(9)
|
Considerations of court
|
| |
(10)
|
Style of proceeding for fast track proceeding
|
| |
(11)
|
List of documents
|
| |
(12)
|
Delivery of list of documents
|
| |
(13)
|
Duration of examinations for discovery
|
| |
(14)
|
Extension of time for examinations for discovery
|
| |
(15)
|
Considerations of court
|
| |
(16)
|
Applicant not obliged to reveal questions
|
| |
(17)
|
Date for completion of examinations for discovery
|
| |
(18)
|
No interrogatories
|
| |
(19)
|
Trial without jury
|
| |
(20)
|
Trial date within 4 months
|
| |
(21)
|
Chief Justice may alter time to trial
|
| |
(22)
|
Trial agenda
|
| |
(23)
|
What trial agenda must contain
|
| |
(24)
|
Trial record
|
| |
(25)
|
Confirmation of estimates
|
| |
(26)
|
Parties may be confined to time estimates
|
| |
(27)
|
Considerations of the court
|
| |
(28)
|
Trial may be adjourned
|
| |
(29)
|
Costs
|
| |
(29.1)
|
Court may consider settlement offers
|
| |
(29.2)
|
Tax on costs
|
| |
(30)
|
Repealed
|
|
Rule 67 — Fax Filing Pilot Project Rule
|
| |
(1)
|
Application of Rule 67
|
| |
(2)
|
Document may be submitted for filing by fax
|
| |
(3)
|
Means of transmission
|
| |
(4)
|
Application of this rule
|
| |
(5)
|
When a document is filed
|
| |
(6)
|
Confirmation of filing
|
| |
(7)
|
Confirmation of filing
|
| |
(8)
|
When faxed record is an original
|
| |
(9)
|
Original of document may be required by court
|
| |
(10)
|
Duration of rule
|
|
Rule 68 — Expedited Litigation Project Rule
|
| |
Application
|
| |
(1)
|
Definition
|
| |
(2)
|
Actions to which this rule applies
|
| |
(3)
|
Actions to which this rule may apply
|
| |
(4)
|
No maximum recovery
|
| |
(5)
|
Actions to which this rule does not apply
|
| |
(6)
|
This rule prevails in event of a conflict
|
| |
(7)
|
When rule ceases to apply
|
| |
(8)
|
Style of proceeding for expedited actions
|
| |
(9)
|
When style of proceeding must be amended
|
| |
(10)
|
Limitation on interlocutory applications
|
| |
(11)
|
Exceptions
|
| |
(12)
|
Court may grant relief
|
| |
(13)
|
Proportionality
|
| |
(14)
|
Trial without jury
|
| |
Document Disclosure
|
| |
(15)
|
Limitations on discovery of documents
|
| |
(16)
|
Disclosure of documents
|
| |
(17)
|
Continuing obligation to provide list
|
| |
(18)
|
Inspection of documents
|
| |
(19)
|
Party may request additional documents
|
| |
(20)
|
Application for production of documents
|
| |
(21)
|
Court may order production of documents
|
| |
(22)
|
Considerations of court
|
| |
Process for Discovery
|
| |
(23)
|
Limitations on discovery
|
| |
(24)
|
Rule 27 may not apply
|
| |
(25)
|
Limited application of Rule 27
|
| |
(26)
|
Conflict
|
| |
(27)
|
No examination without leave or consent
|
| |
(28)
|
Duration of examinations for discovery
|
| |
(29)
|
Extension of time for examinations for discovery
|
| |
(30)
|
Considerations of court
|
| |
Witnesses
|
| |
(31)
|
Witnesses
|
| |
(31.1)
|
Continuing obligation to provide summary
|
| |
(31.2)
|
Requirements for evidence summary
|
| |
(32)
|
Effect of failure to disclose
|
| |
(32.1)
|
Limitations on evidence
|
| |
(33)
|
Experts
|
| |
Case Management Conferences
|
| |
(34)
|
Case management conference may be requested
|
| |
(35)
|
When case management conference may be requested
|
| |
(36)
|
Requisition need not be supported by affidavits
|
| |
(37)
|
Case management conference may be directed
|
| |
(38)
|
Attendance
|
| |
(39)
|
Non-attendance at case management conference
|
| |
(40)
|
Case management conference may be conducted by judge or master
|
| |
(41)
|
Matters for consideration
|
| |
(42)
|
Application materials
|
| |
(43)
|
Joint experts
|
| |
(44)
|
Form of order
|
| |
(45)
|
Proceedings must be recorded
|
| |
(46)
|
Judge or master may be seized of further applications
|
| |
(47)
|
Other judges or masters may hear applications
|
| |
(48)
|
Presiding judge may hear trial
|
| |
(49)
|
Prohibited orders
|
| |
(50)
|
Costs
|
| |
Trial Management Conference
|
| |
(51)
|
Date for trial management conference
|
| |
(52)
|
Trial management conference must be conducted by judge
|
| |
(53)
|
Trial brief required
|
| |
(54)
|
Contents
|
| |
(55)
|
Procedure at trial management conferences
|
| |
(56)
|
Orders at a trial management conference
|
| |
(57)
|
Repealed
|
|
Rule 69 — Electronic Filing Rule
|
| |
(1)
|
Definitions
|
| |
(2)
|
This rule prevails in event of conflict
|
| |
(3)
|
Electronic services agreement
|
| |
(4)
|
Means of transmission
|
| |
(5)
|
Application of this rule
|
| |
(6)
|
Affidavits and other signed documents
|
| |
(7)
|
Retention of documents
|
| |
(7.1)
|
Conversion of documents
|
| |
(8)
|
Inspection of original documents
|
| |
(9)
|
Requisition
|
| |
(10)
|
Application of Rule 51
|
| |
(11)
|
Electronic documents deemed to be original
|
| |
(12)
|
Electronic authentication deemed a signature
|
| |
(13)
|
Filing of documents
|
| |
(14)
|
Electronic acceptance
|
| |
(15)
|
Sealing of writ of summons
|
| |
(16)
|
Public access to documents filed electronically
|
| |
(17)
|
E-mail address for delivery
|
| |
(18)
|
Delivery of documents
|
| |
(19)
|
When delivery by e-mail is effective
|
| |
(20)
|
If document does not reach a person
|
| |
(21)
|
Repealed
|
|
Appendix A
|
|
Appendix B
|
|
Appendix C
|