221/90 O.C. 1039/90 September 1, 1990 REPEALED BY B.C. REG. 168/2009 Court Rules Act [includes amendments up to B.C. Reg. 165/2009, July 1, 2009] 1 Citation, Application and Interpretation Citation 1 These rules may be cited as the Rules of Court. Idem 2 A group of rules having the same unbracketed numeral may be cited as "Rule" followed by the numeral, for example, "Rule 1" means Rule 1 (1) to 1 (15), inclusive. Idem 3 A rule or part of a rule may be cited as "Rule" followed by the number, subrule, paragraph or clause of the rule cited, for example, "Rule 15 (5) (a) (i)" means clause (i) of paragraph (a) of subrule (5) of Rule 15. Application 4 These rules govern every proceeding in the Supreme Court except where an enactment otherwise provides. Object of rules 5 The object of these rules is to secure the just, speedy and inexpensive determination of every proceeding on its merits. Interpretation 6 Except where a contrary intention appears, the Interpretation Act and the interpretation section of the Supreme Court Act apply to these rules. Titles and headings 7 The titles and headings of these rules are for convenience only and are not intended as a guide to construction. Definitions 8 In these rules, unless the context otherwise requires: Act means the Supreme Court Act; action means a proceeding commenced by writ of summons; court means the Supreme Court of British Columbia and, where a master has jurisdiction, includes a master of the Supreme Court; defendant includes a defendant by way of counterclaim; document has an extended meaning and includes a photograph, film, recording of sound, any record of a permanent or semi-permanent character and any information recorded or stored by means of any device; family law proceeding means a proceeding in which relief is claimed under the Family Relations Act or the Divorce Act (Canada), and includes a proceeding for judicial separation or nullity; file means file in the registry; order includes a judgment and a decree; originating application means a proceeding commenced by petition or requisition; originating process means a writ of summons, petition, third party notice or any document which commences a proceeding or adds a new party to a proceeding; party of record means a person who has a commenced a proceeding, b filed an appearance, or c Repealed. [B.C. Reg. 161/98, s. 1 (c).] d filed a third party notice as an insurer under the Insurance (Vehicle) Act; petitioner means a person who commences a proceeding by petition; plaintiff means a person who commences an action and includes a plaintiff by way of counterclaim; pleading includes a statement of claim, statement of defence, reply, counterclaim, statement of defence to counterclaim, third party notice and statement of defence to third party notice; proceeding means an action, suit, cause, matter, stated case under Rule 33A, appeal or originating application; receiver includes receiver-manager; registrar includes a district registrar and a deputy district registrar; registrar's hearing means an inquiry, assessment, accounting, review of a bill, examination of an agreement or an assessment of a bill of costs; registry means the office of the court in which the proceeding was commenced or is pending; relief includes remedy; special referee means any person, other than a master or registrar, appointed by the court under these rules or under an enactment to hold an assessment, inquiry or accounting; writ of execution includes a writ of seizure and sale, sequestration, possession or delivery and any subsequent writ that issues to give effect to these writs, and also includes a warrant or other process of execution issued out of any court in the Province having jurisdiction to grant and issue that process. [am. B.C. Regs. 55/93, s. 1; 147/95, s. 1; 95/96, s. 1; 161/98, s. 1; 367/2000, Sch. s. 1; 201/2004, s. 1; 136/2005, s. 1; 120/2006, Sch. 1, s. 1; 146/2007, s. (a); 193/2007, s. 1.] Repealed 9–10 Repealed. [B.C. Reg. 201/2004, s. 2.] Waiver of rule by agreement 11 Upon application and if all parties to a proceeding agree, the court may order that any provision of these rules does not apply to the proceeding. Orders on terms and conditions 12 When making an order under these rules the court may impose terms and conditions and give directions as it thinks just. Petitions and applications 13 Where an enactment authorizes an application to the court or to a judge of the court, and, whether or not the enactment provides for the mode of application, the application shall be a by originating application under Rule 10, or b if the application is interlocutory, by interlocutory application under Rule 44. Enactments of Canada 14 Subrule (13) does not apply where a particular mode of application is required by an enactment of Canada. Mutatis mutandis 15 Where an enactment provides that another enactment applies, it applies with the necessary changes and so far as it is applicable. 2 Effect of Non-compliance Non-compliance with rules 1 Unless the court otherwise orders, a failure to comply with these rules shall be treated as an irregularity and does not nullify a proceeding, a step taken or any document or order made in the proceeding. Idem 2 Subject to subrules (3) and (4), where there has been a failure to comply with these rules, the court may a set aside a proceeding, either wholly or in part, b set aside any step taken in the proceeding, or a document or order made in the proceeding, c allow an amendment to be made under Rule 24, d dismiss the proceeding or strike out the statement of defence and grant judgment, or e make any other order it thinks just. Idem 3 The court shall not wholly set aside a proceeding on the ground that it was required to be commenced by an originating process other than the one employed. Application to set aside for irregularity 4 An application for an order under subrule (2) (a), (b) or (d) shall not be granted unless it is made within a reasonable time, and the application is made before the party applying has taken a fresh step after knowledge of the irregularity. Consequences of certain non-compliance 5 Where a person, contrary to these rules and without lawful excuse, a refuses or neglects to obey a subpoena or to attend at the time and place appointed for his or her examination for discovery, b refuses to be sworn or to affirm or to answer any question put to him or her, c refuses or neglects to produce or permit to be inspected any document or other property, d refuses or neglects to answer interrogatories or to make discovery of documents, or e refuses or neglects to attend for or submit to a medical examination then f where the person is the plaintiff, petitioner or a present officer of a corporate plaintiff or petitioner, or a partner in or manager of a partnership plaintiff or petitioner, the court may dismiss the proceeding, and g where the person is the defendant, respondent or a third party, or a present officer of a corporate defendant, respondent or third party, or a partner in or manager of a partnership defendant, respondent or third party, the court may order the proceeding to continue as if no appearance had been entered or no defence had been filed. [am. B.C. Reg. 55/93, s. 2.] Idem 6 Where a person, without lawful excuse, refuses or neglects to comply with a direction of the court, the court may make an order under subrule (5) (f) or (g). Dismissal for want of prosecution 7 If upon application by a party it appears to the court that there is want of prosecution in a proceeding, the court may order that the proceeding be dismissed. 3 Time Computation of time 1 Unless a contrary intention otherwise appears, the computation of time under these rules or in an order of the court is governed by the following provisions: a if a period of less than 7 days is prescribed by these rules or the order, holidays shall not be counted; b service or delivery of documents effected after 4 o'clock in the afternoon shall be deemed to have been effected on the next day that is not a holiday. Extending or shortening time 2 The court may extend or shorten any period of time provided for in these rules or in an order of the court, notwithstanding that the application for the extension or the order granting the extension is made after the period of time has expired. Idem 3 The period fixed by these rules or an order for serving, delivering, filing or amending a pleading or other document may be extended by consent. Short notice applications 3.1 Without limiting subrule (2), a in case of urgency, the court or a registrar may i order that an application be heard in chambers on short notice, ii fix the date and time for the application to be heard, iii fix the date and time before which service of or delivery of documents must be made, and iv give such other directions as may be appropriate, and b if an order is made under paragraph (a), the time limits provided in Rules 10 and 44 and the provisions of Rule 51A do not apply to the application. [en. B.C. Reg. 191/2000, s. 1; am. B.C. Reg. 367/2000, Sch. s. 2.] Form of applications 3.2 If an application is made for an order under subrule (3.1) (a), a the application may be made by requisition, without notice, and in a summary way, and b the provisions of Rule 51A do not apply to the application. [en. B.C. Reg. 191/2000, s. 1; am. B.C. Regs. 367/2000, Sch. s. 2 (b); 201/2004, s. 1.] Notice of intention to proceed after delay of one year 4 In a proceeding where judgment has not been obtained and no step has been taken for one year, no party shall proceed until a the expiration of 28 days after service of notice of that party's intention to proceed on all other parties of record, and b a copy of the notice and proof of its service has been filed. Want of prosecution 5 Notwithstanding this rule, a defendant or respondent may apply to have a proceeding dismissed for want of prosecution without serving notice of intention to proceed. Attendance 6 Attendance on an appointment before an official reporter within 1/2 hour following the time fixed for the appointment is a sufficient attendance. [en. B.C. Reg. 55/93, s. 3.] 4 Forms and Documents Forms 1 The forms in Appendix A shall be used where applicable with variations as the circumstances of the proceeding require. Documents 2 Unless the nature of the document renders it impracticable, every document prepared for use in the court shall be in the English language, legibly printed, typewritten, written or reproduced on 8 1/2 inch x 11 inch durable white paper or durable off-white recycled paper. [am. B.C. Reg. 101/2001, s. 1.] Idem 3 Transcripts of oral evidence shall conform to subrule (2). Space for stamp 3.1 The first page of each document prepared for use in a proceeding 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. [en. B.C. Reg. 191/2000, s. 2.] Style of proceeding 4 A document prepared for use in a proceeding must be headed with the style and number of the proceeding, but in a document, other than an order or a document that commences a proceeding, if there is more than one party in the proceeding identified as a plaintiff 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". [en. B.C. Reg. 191/2000, s. 2.] Style of proceeding for class proceeding 4.1 The style of a proceeding must include the words "Brought under the Class Proceedings Act" immediately below the listed parties if a it is intended, at the commencement of the proceeding, that a certification order will be sought in respect of the proceeding under the Class Proceedings Act, or b in any other case, a certification order is subsequently granted in respect of the proceeding, unless and until a certification order is refused in respect of the proceeding or the proceeding is decertified. [en. B.C. Reg. 95/96, s. 2.] Signature and dating 5 A document prepared for use in a proceeding shall be signed and dated by the party, or by or for the party's solicitor. Address for delivery 6 The following documents must contain the address for delivery of the party by whom or on whose behalf the document is filed: a an originating process; b an appearance; c Repealed. [B.C. Reg. 161/98, s. 2 (a).] d a third party notice filed by an insurer under the Insurance (Vehicle) Act; e a caveat; f a notice of appointment or change of solicitor; g a notice of intention to act in person. [en. B.C. Reg. 165/97, s. 1; am. B.C. Regs. 161/98, s. 2 (a), (b); 146/2007, s. (b).] Required address 7 Subject to subrule (7.1), each party of record to a proceeding must have, and must include on each document referred to in subrule (6) that is filed by or on behalf of the party, an address for delivery that is one of the following: a the office address of the party's solicitor of record; b if the party acts in person, i a residential address or business address within 16 kilometres of the registry, or ii if the party has neither a residential address nor a business address within 16 kilometres of the registry, both of the following: A the residential address or business address of the party; B a postal address or a fax number. [en. B.C. Reg. 161/98, s. 2 (c).] Required address must be available for delivery of documents 7.1 An address for delivery, other than a postal address or a fax number, must describe a unique and identifiable place, other than a post office box, that is accessible to the public during normal business hours for the delivery of documents. [en. B.C. Reg. 161/98, s. 2 (c).] Additional addresses for delivery 8 In addition to an address for delivery provided under subrule (7), a party may provide as an address for delivery one or both of the following: a a postal address; b a fax number. [en. B.C. Reg. 165/97, s. 1.] Address must be in British Columbia 9 The place referred to in each address for delivery provided under this Rule must be a place located in British Columbia. [en. B.C. Reg. 165/97, s. 1.] Change of address for delivery 10 A solicitor of record or a party of record may change an address for delivery to an address for delivery that complies with subrules (7) and (7.1) by filing and serving on all other parties of record a notice in Form 12. [en. B.C. Reg. 165/97, s. 1; am. B.C. Reg. 161/98, s. 2 (d).] 5 Multiple Claims and Parties Multiple claims 1 Subject to subrule (6), a person, whether claiming in the same or different capacities, may join several claims in the same proceeding. Multiple parties 2 Subject to subrule (6), a proceeding may be commenced by or against 2 or more persons where a if separate proceedings were brought by or against each of them, a common question of law or fact would arise in all the proceedings, or b a right to relief claimed in the proceedings, whether it is joint, several or alternative, is in respect of or arises out of the same transaction or series of transactions, or c the court grants leave to do so. Idem 3 Subject to any enactment or these rules or unless the court otherwise orders, a plaintiff or petitioner who claims relief to which any other person is jointly entitled shall join as parties to the proceeding all persons so entitled, and any of them who do not consent to be joined as a plaintiff or petitioner shall be made a defendant or respondent. Idem 4 Where relief is claimed against a person who is jointly liable with some other person, the other person need not be made a party to the proceeding; but where persons may be jointly, but not severally, liable and relief is claimed against some but not all of these persons in a proceeding, the court may stay the proceeding until the other persons who may be liable are added as parties. Idem 5 It is not necessary that every party be interested in all the relief sought in a proceeding, 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. Separation 6 Where a joinder of several claims or parties in a proceeding may unduly complicate or delay the trial or hearing of the proceeding or is otherwise inconvenient, the court may order separate trials or hearings or make any other order it thinks just. Idem 7 Where a counterclaim or a third party proceeding ought to be disposed of by a separate proceeding, the court may so order. Consolidation 8 Proceedings 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. Misjoinder or nonjoinder of parties 9 No proceeding shall 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. Carriage by Air Act 10 In an action under the Carriage by Air Act (Canada) and the convention set out in that Act, a high contracting party to the convention who, for the purposes of that action and by virtue of that Act, is deemed to have submitted to the jurisdiction of the court, may be made a defendant subject to these rules. Representative proceeding 11 Where numerous persons have the same interest in a proceeding, other than a proceeding referred to in subrule (17), the proceeding may be commenced and, unless the court otherwise orders, continued by or against one or more of them as representing all or as representing one or more of them. Idem 12 At any stage of a proceeding under subrule (11), the court, on the application of a party, may appoint one or more of the defendants or respondents or another person to represent one or more of the persons having the same interest in the proceeding, and where the court appoints a person not named as a defendant or respondent, it shall make an order under Rule 15 adding that person as a defendant or respondent. Enforcement of order made in representative proceeding 13 (a)   An order made in a proceeding under subrule (11) is binding on all the persons represented in the proceeding as parties, but shall not be enforced against a person not a party to the proceeding except with leave of the court. b An application for leave shall be served on the person against whom the applicant seeks to enforce the order, and that person may dispute liability to have the order enforced against him or her. c On the application, the court may order that the question of whether the order is enforceable against that person be determined in the manner it thinks just. Representation of interested person who cannot be ascertained 14 In a proceeding concerning a the administration of the estate of a deceased person, b property subject to a trust, or c the construction of a written instrument, including an enactment, the court may appoint one or more persons to represent a person, including an unborn or unascertained person, or the members of a class of persons who have a present, future, contingent or unascertained interest in, or who may be affected by the proceeding, and who, or some of whom, cannot readily be ascertained or found. Idem 15 If an appointment is made under subrule (14), an order in the proceeding is binding upon a person or class so represented. Idem 16 Where, in a proceeding referred to in subrule (14), a compromise is proposed and a person or member of a class interested in the compromise is not a party to the proceeding, but a there is another person with the same interest who is a party and who assents to the compromise, or b the absent person or member of the class is represented by a person appointed under subrule (14) who so assents, the court, if satisfied that the compromise will be for the benefit of the absent person or member of the class and that it is expedient, may approve the compromise and order that it is binding on the absent person or member of the class and, unless the order has been obtained by fraud or non-disclosure of material facts, the person or member of the class is bound accordingly. Representation of beneficiaries by trustees 17 A proceeding may be brought by or against trustees or personal representatives without joining a person having a beneficial interest in the trust or estate and, unless the court otherwise orders on the ground that the trustees or personal representatives could not or did not represent the interest of that person, an order granted or made in the proceeding is binding on that person. Idem 18 Subrule (17) does not limit the power of the court to order a person having an interest to be made a party or to make an order under subrule (14). Representation of deceased person interested in a proceeding 19 Where the estate of a deceased person has an interest in a matter in question in a proceeding, but there is no personal representative, the court may proceed in the absence of a person representing the estate of the deceased person or may appoint a person to represent the estate for the purposes of the proceeding, and an order made or granted in the proceeding binds the estate to the same extent as it would have been bound had a personal representative of the deceased person been a party to the proceeding. Idem 20 Before making an order under subrule (19), the court may require notice of the application to be given to a person having an interest in the estate. Person as relator 21 Before the name of a person is used in a proceeding as a relator, that person shall give a written authorization to his or her solicitor to use the person's name and the authorization shall be filed. Declaratory order 22 No proceeding shall be 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. Conduct of a proceeding 23 The court may give the conduct of a proceeding to any person it thinks just. 6 Persons under Disability Interpretation 1 In this rule committee means the committee of the estate of a patient appointed under the Patients Property Act. Commencement of proceedings by person under disability 2 A person under legal disability shall commence or defend a proceeding by his or her litigation guardian. [am. B.C. Reg. 83/2002, Sch. s. 1.] Idem 3 Unless a rule otherwise provides, anything that is required or authorized by the rules to be done by or invoked against a party under disability shall a be done on the party's behalf by his or her litigation guardian, or b be invoked against him or her by invoking the same against his or her litigation guardian. [am. B.C. Reg. 83/2002, Sch. s. 1.] Idem 4 A litigation guardian shall act by a solicitor unless the litigation guardian is the Public Guardian and Trustee. [am. B.C. Regs. 191/2000, s. 3; 83/2002, Sch. s. 1.] Litigation guardian 5 Unless the court otherwise orders or an enactment otherwise provides, a person ordinarily resident in the Province may be a litigation guardian of a person under disability without being appointed by the court. [am. B.C. Reg. 83/2002, Sch. s. 1.] Committee as litigation guardian 6 Where a person is appointed committee, that person shall be the litigation guardian of the patient in any proceeding unless the court otherwise orders. [am. B.C. Reg. 83/2002, Sch. s. 1.] Consent of litigation guardian 7 Before the name of a person is used in a proceeding as a litigation guardian that person's consent, signed by the person or his or her solicitor, shall be filed, unless the person has been appointed by the court or is the litigation guardian under section 35 (1) of the Representation Agreement Act of a party in that proceeding. [am. B.C. Reg. 83/2002, Sch. ss. 1 and 2 (a).] Certificate of fitness 8 Unless a committee has been appointed, the solicitor for a person under disability, before acting in a proceeding, must, unless subrule (8.1) applies, file a certificate that he or she knows or believes 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 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 proceeding adverse to that person. [am. B.C. Reg. 83/2002, Sch. ss. 1 and 2 (b).] Certificate for a litigation guardian 8.1 The solicitor for a person who, under section 35 (1) of the Representation Agreement Act, has a litigation guardian must, before acting in a proceeding to which the person is a party, file a certificate certifying that the solicitor 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 proceeding, and c the litigation guardian has no interest in the proceeding adverse to the person. [en. B.C. Reg. 83/2002, Sch. s. 2 (c).] Party becoming incompetent 9 If a party to a proceeding becomes a mentally incompetent person, the court must appoint a litigation guardian for him or her 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. [en. B.C. Reg. 83/2002, Sch. s. 2 (d).] Removal of litigation guardian 10 If it is in the interest of a party who is under disability, the court may remove, appoint or substitute a litigation guardian. [am. B.C. Reg. 83/2002, Sch. s. 1.] Party attaining age of majority 10.1 A party to a proceeding who attains the age of majority may, if the party is then under no legal disability, file an affidavit confirming the attainment of the age of majority, in Form 4.1, and deliver a copy of that affidavit to all parties of record. [en. B.C. Reg. 95/96, s. 3.] Effect of filing affidavit 10.2 After an affidavit is filed under subrule (10.1), a the party on whose behalf the affidavit was filed shall assume conduct of that party's claim or defence in the proceeding, and b the style of proceeding must no longer refer to a litigation guardian for that party. [en. B.C. Reg. 95/96, s. 3; am. B.C. Regs. 83/2002, Sch. s. 1; 201/2004, s. 3.] Step in default 11 A party shall not take a step in default against a person under disability without leave of the court. Idem 12 Unless the court otherwise orders, notice of the application for leave shall be served on the person under disability 10 days before the hearing of the application, in the manner provided by Rule 11. Idem 13 If no appearance has been entered to an originating process on behalf of a person under disability, the person who commenced the proceeding, before continuing the proceeding against the person under disability, shall obtain an order from the court appointing a litigation guardian for him or her. [am. B.C. Reg. 83/2002, Sch. s. 1.] Compromise by person under disability 14 Unless an enactment otherwise provides, where 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. Approval of compromise 15 Where, before a proceeding is commenced, 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 an originating application, and the court may make any order as it thinks just. 7 Partnerships Partners may sue or be sued in firm name 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. Service on firm 2 Service is effected upon a firm by leaving a copy of the document to be served either with a person who was a partner at the time the alleged right or liability arose or with a person at a place of business of the firm who appears to manage or control the partnership business there. Appearance 3 An appearance by a partnership shall be in the name of the firm, but a partner or a person served as a partner may file an appearance and defend in the person's own name, whether or not named in the originating process. [en. B.C. Reg. 55/93, s. 4.] Affidavit naming partners 4 Where a partnership is a party to a proceeding, any other party may deliver a notice requiring one of the partners to deliver within 10 days an affidavit setting out the names and addresses of all persons who were partners when the alleged right or liability arose. Idem 5 Where the affidavit requested under subrule (4) is not delivered, the court may order delivery. Execution against partnership or partners 6 Where an order is made against a firm, execution to enforce the order may issue against any property of the firm. Idem 7 Subject to subrule (8), where an order is made against a firm, execution to enforce the order may issue against any person who a entered an appearance in the person's own name in the proceeding as a partner, b having been served with the originating process as a partner, failed to enter an appearance in the proceeding, c admitted in a pleading or affidavit that the person is a partner, or d was adjudged to be a partner. Idem 8 Where 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. Idem 9 Where 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 an action may be determined. Action against person carrying on business in a name other than the person's own 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 though the person were a partner and the name in which the person carries on business were the name of that firm. 8 Form and Commencement of Proceedings Writ of summons 1 Except where otherwise authorized by an enactment or these rules, every proceeding in the court shall be commenced by filing a writ of summons. [am. B.C. Reg. 198/2003, s. 1 (a).] Endorsement 2 A writ of summons shall be endorsed either with a statement of claim or with a concise statement of the nature of the claim made and the relief required in the action. [am. B.C. Reg. 95/96, s. 4.] Form 3 Unless these rules otherwise provide, a writ of summons shall be in Form 1. [am. B.C. Reg. 136/2005, s. 2.] Service 4 Subject to Rule 13, a writ of summons may be served within or outside British Columbia. Representative action 5 If the plaintiff sues or a defendant is sued in a representative capacity, the endorsement shall show in what capacity the plaintiff or defendant sues or is sued. Repealed 6–7 Repealed. [B.C. Reg. 165/97, s. 2.] Writ of summons to be signed 8 A writ of summons shall be signed by the plaintiff or by or for the plaintiff's solicitor. [am. B.C. Reg. 198/2003, s. 1 (b).] Sealing of writ of summons 9 A writ of summons shall be sealed and dated by the registrar. [am. B.C. Reg. 198/2003, s. 1 (c).] Registrar's copy of writ of summons 10 The plaintiff or the plaintiff's solicitor must leave the original writ with the registrar or, if the writ is transmitted by fax to the registry for filing, the plaintiff or the plaintiff's solicitor must provide the original writ to the registrar promptly after being requested to do so by the registrar. [en. B.C. Reg. 198/2003, s. 1 (d).] Procedure on filing writ of summons 11 After a writ is filed under this rule, the registry is to number the action commenced by the writ and enter the names of the parties in an index. [en. B.C. Reg. 198/2003, s. 1 (d).] Lost writ of summons 12 If a writ of summons has been lost, the court, on being satisfied of the loss and the correctness of a copy of the writ, may order that the copy be filed and stand in the place of the originally filed writ. [am. B.C. Reg. 198/2003, s. 1 (e).] Proceedings under the Wills Variation Act 13 A proceeding under section 2 of the Wills Variation Act shall be commenced by a writ of summons. Idem 14 The surviving spouse and children of the testator, all beneficiaries under the testator's will whose interest may be affected by the order sought, and the executor of the will shall be parties to the proceeding, but the court may order that any other person be joined as a party. Idem 15 In a statement of defence a defendant may raise a claim under section 2 of the Wills Variation Act on his or her own behalf, and any other party may deliver a reply. Idem 16 A proceeding under the Wills Variation Act is governed by these rules. Repealed 17 Repealed. [B.C. Reg. 161/98, s. 3.] Application to petition 18 Subrules (4) to (12) apply to a petition. 8A Transfer of Proceedings from Provincial Court [en. B.C. Reg. 149/99, s. 1.] Definition 1 In this rule, transfer order means the order of the Provincial Court referred to in subrule (2). These rules apply to transferred proceedings 2 If a proceeding has been commenced in the Provincial Court and a judge of that court orders that the proceeding be transferred to the Supreme Court, these rules apply to the proceeding as if it had been commenced in the Supreme Court. Pleadings 3 If a proceeding is transferred to the Supreme Court in the manner referred to in subrule (2), a the notice of claim filed in the Provincial Court is deemed to be the writ of summons filed in the proceeding in the Supreme Court, and b the reply filed in the Provincial Court is deemed to be the appearance filed in the proceeding in the Supreme Court. Plaintiff must file and serve statement of claim 4 If the claimant in the Provincial Court proceeding wishes to continue with the proceeding after its transfer to the Supreme Court, the claimant must, as plaintiff in the Supreme Court proceeding, file, in the Supreme Court registry nearest to the Provincial Court registry in which the proceeding was commenced, and serve, a statement of claim in accordance with subrule (5) and Rules 11, 12, 19 and 20. When statement of claim to be filed and served 5 Despite Rule 20 (2), the plaintiff must file and serve the statement of claim in accordance with subrule (4) of this rule within 21 days after the date of the transfer order. Statement of defence and counterclaim 6 The defendant must, within 14 days after the date of the transfer order or after service of the statement of claim under subrule (5), whichever is later, file, in the Supreme Court registry referred to in subrule (4), and serve, a statement of defence and any counterclaim in accordance with Rules 11, 12, 19 and 21. Previous address for delivery 7 For the purposes of Rule 11 (6) and subrules (3) to (6) of this rule, until a new address for delivery is provided for a party under subrule (8), the party is deemed to have, as an address for delivery, the address set out for that party on the latest document, filed by that party in the Provincial Court proceeding, that contains an address for that party. New address for delivery 8 An address for delivery must be included, a in the case of the plaintiff, i in the statement of claim filed under subrule (4), or ii if no statement of claim is filed under subrule (4), in the first document to be filed with the Supreme Court by the plaintiff in the proceeding, and b in the case of the defendant, i in the statement of defence filed under subrule (6), or ii if no statement of defence is filed under subrule (6), in the first document to be filed with the Supreme Court by the defendant in the proceeding. Filing fees 9 Despite any other provision of these rules, the following fees are payable in respect of the following filings: a for filing a statement of claim under subrule (4), the fee payable under Appendix C for commencing a proceeding in the Supreme Court less any amount that the person filing that statement of claim paid for filing the notice of claim in the Provincial Court proceeding; b for filing a pleading referred to in subrule (6), the fee payable under Appendix C for filing that pleading in the Supreme Court less any amount that the person filing that pleading paid for filing a comparable pleading in the Provincial Court proceeding. New filing is not an amendment 10 The filing of a pleading in accordance with subrule (4) or (6) does not constitute an amendment of an originating process, or an amendment of a pleading, for the purposes of Rule 24 (1). 8B Transfer of Proceedings from Foreign Courts [en. B.C. Reg. 193/2007, s. 2.] Court may require translation for transferred proceeding 1 On an application under the Court Jurisdiction and Proceedings Transfer Act for an order that the court accept a transfer to it of a proceeding within the meaning of that Act, the court may order that the person applying for that order do one or both of the following: a pay any expenses that have been or may be incurred by the court in having the documents in the transferring court's file relating to the proceeding translated into English by a person satisfactory to the court; b pending the payment required under paragraph (a), give security in the form and manner the court may direct for payment of the expenses referred to in that paragraph. Entry prohibited until security given 2 If the court requires the provision of security under subrule (1) (b) in relation to the transfer of a proceeding, any order to accept the transfer a is of no force or effect until that security is given, and b must not be presented for entry until that security is given. Translation and security expenses may be claimed as disbursements 3 Nothing in subrule (1) or (2) precludes a party from claiming either or both of the following as disbursements in conjunction with any costs the party may be awarded in the transferred proceeding: a the expenses referred to in subrule (1) (a) that have been paid for by the party; b the expenses incurred by the party in obtaining the security required under subrule (1) (b). 9 Renewal of Writ Renewal of original writ of summons 1 No original writ of summons shall be in force for more than 12 months, but where a defendant named in the writ has not been served, the court, on the application of the plaintiff made before or after the expiration of the 12 months, may order that the original writ of summons be renewed for a period of not more than 12 months which, unless otherwise ordered, shall commence on the date of the order. Renewal of renewed writ of summons 2 If a renewed writ of summons has not been served on a defendant named in the writ, the court, on the application of the plaintiff made during the currency of the renewed writ, may order the renewal of the writ for a further period of not more than 12 months which, unless otherwise ordered, shall commence on the date of the order. Renewal of writ of summons 3 Unless otherwise ordered by the court, a copy of each order granting renewal of a writ shall be served with the renewed writ, and the renewed writ shall remain in force and be available to prevent the operation of any statutory limitation and for all other purposes. [en. B.C. Reg. 95/96, s. 5.] Repealed 4 Repealed. [B.C. Reg. 95/96, s. 5.] Application to petition 5 This rule applies to a petition. 10 Originating Application Originating application 1 An application, other than an interlocutory application or an application in the nature of an appeal, may be made by originating application where a an application is authorized to be made to the court, b the sole or principal question at issue is alleged to be one of construction of an enactment, will, deed, oral or written contract, or other document, c the applicant is the only person who is interested in the relief claimed, or there is no person against whom relief is sought, d the relief, advice or direction sought relates to a question arising in the administration of an estate of a deceased person or the execution of a trust, or the performance of an act by a person in the person's capacity as executor, administrator or trustee, or the determination of the persons entitled as creditors or otherwise to the estate or trust property, e the relief, advice or direction sought relates to the maintenance, guardianship or property of infants or other persons under disability, f the relief sought is for payment of funds into or out of court, g the relief sought relates to land and is for i a declaration of a beneficial interest in or a charge on land and of the character and extent of the interest or charge, ii a declaration settling the priority between interests or charges, iii an order cancelling a certificate of title or making a title subject to an interest or charge, or iv an order of partition or sale, or h the relief, advice or direction sought relates to the determination of a claim of solicitor and client privilege. Originating application by consent or if notice not required 2 An originating application referred to in Rule 41 (16), (16.1) or (16.3) may be commenced in accordance with that rule. [en. B.C. Reg. 161/98, s. 4.] Originating application by petition 3 Subject to subrule (2), a person wishing to bring an originating application must file a petition in Form 3. [en. B.C. Reg. 367/2000, Sch. s. 3.] Service 4 Unless these rules provide otherwise, a copy of the petition and of each affidavit in support must be served on all persons whose interests may be affected by the order sought. [en. B.C. Reg. 367/2000, Sch. s. 3.] Response 5 A respondent who wishes to receive notice of the time and date of the hearing of the petition or to respond to it must, in addition to complying with Rule 14 (1) (b), deliver to the petitioner 2 copies, and to every other party of record one copy, of a a response in Form 124, and b each affidavit on which the respondent intends to rely. [en. B.C. Reg. 367/2000, Sch. s. 3.] Time for response 6 A respondent must deliver the documents referred to in subrule (5) on or before the 8th day after the date on which the respondent entered an appearance. [en. B.C. Reg. 367/2000, Sch. s. 3.] Reply by petitioner 7 A petitioner who wishes to respond to any document provided under subrule (5) must, no later than the date on which the notice of hearing is delivered to the respondent in accordance with Rule 51A, deliver any affidavits in reply to each respondent who delivered a response under subrule (5). [en. B.C. Reg. 367/2000, Sch. s. 3.] No additional affidavits 8 Unless all parties of record consent or unless the court otherwise orders, a party must not deliver any affidavits additional to those delivered under subrules (4), (5) and (7). [en. B.C. Reg. 367/2000, Sch. s. 3.] Repealed 9–14 Repealed. [B.C. Reg. 367/2000, Sch. s. 3.] Repealed 15–16 Repealed. [B.C. Reg. 191/2000, s. 4.] 11 Service and Delivery of Documents Service of writ of summons 1 Service of a writ of summons is required unless the defendant enters an appearance. How service effected 2 Service of a document is effected on a an individual by leaving a copy of the document with him or her, b a corporation by leaving a copy of the document with the president, chairman, mayor or other chief officer of the corporation, or with the city or municipal clerk, or with the manager, cashier, superintendent, treasurer, secretary, clerk or agent of the corporation or of any branch or agency of the corporation in the Province, or in the manner provided by the Business Corporations Act or any enactment relating to the service of process, and, for the purpose of serving a document upon a corporation whose chief place of business is outside British Columbia, every person who, within the Province, transacts or carries on any of the business of, or any business for, that corporation shall be deemed its agent, c an unincorporated association, including a trade union, by leaving a copy of the document with any officer of the association, or in the case of a trade union, with a business agent, d an infant, in accordance with the Infants Act, and e a mentally incompetent person by leaving a copy of the document i with the person's committee or, where there is no committee, with the person with whom he or she resides or in whose care he or she is or with the person appointed by the court to be served in the mentally incompetent person's place, and ii with the Public Guardian and Trustee, and in no case is it necessary to show the original document. [am. B.C. Regs. 191/2000, s. 3; 201/2004, s. 4.] Date of deemed service 3 Where a writ of summons or petition has not been served on a person, but the person files an appearance or attends at the trial or hearing, the writ or petition shall be deemed to have been served on that person on the date the person files or attends. [en. B.C. Reg. 55/93, s. 5.] Service on agent 4 Where a contract has been entered into within the Province by or through an agent residing or carrying on business within the Province on behalf of a principal residing out of the Province, by leave of the court given before the determination of the agent's authority or of the agent's business relations with the principal, a writ of summons or other document in a proceeding relating to or arising out of the contract may be served on the agent, and a copy of the order giving leave and of the writ of summons or other document shall be sent forthwith by registered mail to the principal at his or her address out of the Province. Service on Attorney General 5 A document to be served on the Attorney General shall be served at the Ministry of the Attorney General in the City of Victoria, and is sufficiently served if left during office hours with any solicitor on the staff of the Attorney General at Victoria or mailed by registered mail to the Deputy Attorney General at Victoria. Service on a party of record 6 Service of a document on a party of record may be made by delivering the document to an address for delivery provided under Rule 4. [en. B.C. Reg. 165/97, s. 3.] How to deliver a document 6.1 A document may be delivered to an address for delivery in any of the following ways: a if the address for delivery is the office or postal address of the solicitor of record for a party, i by leaving the document at the office of the solicitor during normal business hours, or ii by mailing the document by ordinary prepaid mail to the address for delivery; b if the address for delivery includes the fax number of the solicitor of record for a party, by transmitting the document to the fax number of the solicitor together with a cover memorandum in Form 9; c if the address for delivery of a party who acts in person is a residential address or business address, i by leaving the document at the residential or business address with anyone who appears to be an adult person, ii if delivery cannot be effected under subparagraph (i), by inserting the document into a mail box, mail slot or mail receptacle at the residential or business address, or iii if delivery cannot be effected under subparagraph (i) or (ii), by affixing the document to a door of the residence or business; d if the address for delivery of a party who acts in person is a postal address, by mailing the document by ordinary prepaid mail to the postal address; e if the address for delivery of a party who acts in person includes a fax number, by transmitting the document to the fax number together with a cover memorandum in Form 9; f if the address for delivery is an e-mail address, in accordance with Rule 69 (18). [en. B.C. Reg. 165/97, s. 3; am. B.C. Regs. 161/98, s. 5; 136/2005, s. 3.] Restrictions on fax 6.2 Unless otherwise agreed by the recipient before delivery, a document of 16 pages or more, inclusive of the cover memorandum, may only be delivered by fax if it is so delivered between 5 p.m. and the following 8 a.m. [en. B.C. Reg. 165/97, s. 3.] When delivery by mail is effective 6.3 Delivery of a document sent by mail to an address for delivery under this Rule is effective on the same day of the week, in the calendar week following mailing, as the day of the week on which the document was mailed or, if that day is a Saturday or holiday, on the next day that is not a Saturday or holiday. [en. B.C. Reg. 165/97, s. 3.] When delivery by fax is effective 6.4 Transmission of a document by fax to an address for delivery under this Rule is effective a on the day of the transmission if the document is transmitted before 4 p.m., or b on the next day that is not a Saturday or holiday, if the document is transmitted after 4 p.m. [en. B.C. Reg. 165/97, s. 3.] If document does not reach person 6.5 Even though a document has been delivered in accordance with this Rule, 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 at a time later than when it was delivered or effectively delivered, or c was incomplete or illegible. [en. B.C. Reg. 165/97, s. 3.] Proof of service or delivery 7 An affidavit of service or delivery shall state when, where, how and by whom service or delivery was effected. Service or delivery acknowledged by solicitor 8 Service or delivery of a document upon a solicitor of record, if acknowledged in writing, need not be verified by affidavit. Repealed 9 Repealed. [B.C. Reg. 165/97, s. 3.] Delivery where no address for delivery given 10 Where the party has no address for delivery as required by these rules, a document may be delivered by mailing a copy by ordinary prepaid mail to the party's solicitor or, if the party has no solicitor, to the last known address of the party. Service on member of Canadian Armed Forces 11 Where a member of the Canadian Armed Forces has been served by an officer of the Canadian Armed Forces with a document, proof of the service in the form of a certificate annexed to a copy of the document served, signed by the officer and stating his or her rank and when, where and how service was effected, may be filed as proof of service. Proof of service by sheriff 12 Service or delivery by a sheriff may be proved by a certificate in Form 5 endorsed on a copy of the document served or delivered. 12 Substituted Service Court may order substituted service 1 Where for any reason it is impracticable to serve a document as set out in Rule 11, the court may order substituted service, whether or not there is evidence that the document will probably reach the person to be served or will probably come to the person's attention or that the person is evading service. [am. B.C. Reg. 101/2001, s. 1.] How substituted service effected 2 Substituted service of a document is effected by taking the steps that the court has ordered to bring the document to the attention of the person to be served. Service of order required 3 Unless otherwise ordered, a copy of the order for substituted service of a document shall be served with the document, except in the case of an order for substituted service by advertisement, in which case the advertisement shall contain a reference to the order. Substituted service at residence without order 4 Subject to subrule (10), if an attempt to serve a document on a person at the place of residence of that person is unsuccessful, the document may be served by doing both of the following: a leaving it, during or after that attempt, in a sealed envelope addressed to that person, at the place of residence of that person, with anyone who appears to be an adult member of the same household; b subsequently mailing the document addressed to the person at that place of residence. [en. B.C. Reg. 165/97, s. 4.] Effective date of service 5 A document served under subrule (4) is deemed to be served on the same day of the week, in the calendar week following mailing, as the day of the week on which the document was mailed or, if that day is a Saturday or holiday, on the next day that is not a Saturday or holiday. [en. B.C. Reg. 165/97, s. 4.] Affidavit 6 If service is effected under subrule (4), an affidavit of service must state that the deponent believes that the address at which the document was left and to which the document was mailed is the residential address of the person on whom service was to be effected. [en. B.C. Reg. 165/97, s. 4.] Substituted service by mail without order 7 Subject to subrule (10), a document may be served by mailing it, together with an acknowledgment of receipt card in Form 5.1, by ordinary prepaid mail or by registered mail to the residential, business or postal address of the person to be served. [en. B.C. Reg. 165/97, s. 4.] Effective date of service 8 Service of a document under subrule (7) is effective when the sender receives a the acknowledgment of receipt card, or b a post office receipt bearing a signature that purports to be the signature of the person served. [en. B.C. Reg. 165/97, s. 4.] Affidavit 9 If service is effected under subrule (7), an affidavit of service must state that the deponent believes that the address to which the document was mailed is the residential, business or postal address of the person on whom service was to be effected. [en. B.C. Reg. 165/97, s. 4.] Limits on substituted service 10 Subrules (4) to (9) do not apply to a a family law proceeding for divorce, nullity or judicial separation, b a subpoena, c a subpoena to debtor, d an appointment to examine a person in aid of execution, or e a proceeding for contempt. [en. B.C. Reg. 165/97, s. 4; am. B.C. Reg. 161/98, s. 6.] If document does not reach person 11 Even though a document has been served in accordance with subrules (4) to (9), 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, or b did come to the person's notice at a time later than when it was served or effectively served. [en. B.C. Reg. 165/97, s. 4.] 13 Service Outside British Columbia Service outside British Columbia without leave 1 Service of an originating process or other document on a person outside British Columbia may be effected without leave in any of the circumstances enumerated in section 10 of the Court Jurisdiction and Proceedings Transfer Act. [en. B.C. Reg. 119/2006, s. 1 (a).] Idem 2 Except in a family law proceeding, a copy of an originating process served outside British Columbia without leave shall state specifically by endorsement in Form 6 upon which of the circumstances enumerated in section 10 of the Court Jurisdiction and Proceedings Transfer Act it is claimed that service is permitted under this rule. [am. B.C. Regs. 161/98, s. 7 (b); 149/99, s. 2 (b); 119/2006, s. 1 (b).] Application for leave to service outside the jurisdiction 3 In any case not provided for in subrule (1), the court may grant leave to serve an originating process or other document outside British Columbia. Applications may be made without notice 4 An application for leave to serve a person outside British Columbia a may be made without notice, and b must be supported by an affidavit or other evidence showing i in what place or country that person is or may probably be found, and ii the grounds upon which the application is made. [en. B.C. Reg. 191/2000, s. 5.] Service of order, etc. 5 Copies of the application for leave to serve, of all affidavits in support of the application, and of the order granting leave to serve shall be served with the originating process or other document. Time for appearance 6 Subject to subrule (6.1), if a person is served with an originating process outside British Columbia, the time for appearance by that person, after service, is a 21 days, in the case of a person residing anywhere within Canada, b 28 days, in the case of a person residing in the United States of America, and c 42 days, in the case of a person residing elsewhere. [en. B.C. Reg. 191/2000, s. 5.] Time for appearance may be shortened 6.1 The court may shorten the time for appearance on an application made without notice. [en. B.C. Reg. 191/2000, s. 5.] Where service without leave valid 7 This rule does not invalidate service outside British Columbia without leave of the court where the document could have been validly served apart from this rule. Contract containing terms for service 8 Notwithstanding this rule, the parties to a contract may agree a that the court will have jurisdiction to entertain a proceeding in respect of the contract, and b that service of a document in the proceeding may be effected at any place, within or outside British Columbia, on any party, or on any person on behalf of any party, or in a manner specified or indicated in the contract. Idem 9 Service of a document in accordance with an agreement referred to in subrule (8) is effective service, but no contractual stipulation as to service of a document shall invalidate service that would otherwise be effective under these rules. Repealed 10 Repealed. [B.C. Reg. 198/2003, s. 2.] Definition 11 In subrules (12) to (14) Convention means the Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, signed at the Hague on November 15, 1965. Manner of service abroad 12 A document may be served outside British Columbia a in a manner provided by these rules for service in British Columbia, b in a manner provided by the law of the place where service is made if, by that manner of service, the document could reasonably be expected to come to the notice of the person to be served, or c in a state that is a contracting state under the Convention, in a manner provided by or permitted under the Convention. Proof of service abroad 13 Service of a document outside British Columbia may be proved a in a manner provided by these rules for proof of service in British Columbia, b in the manner provided for proof of service by the law of the place where service was made regardless of the manner under subrule (12) by which service was effected, or c in accordance with the Convention, if service was effected under subrule (12) (c). Forms 14 Where service is desired to be made in accordance with Article 5 of the Convention, Forms 104 and 105 shall be used. Certificate 15 Where an authority has, in accordance with Article 6 of the Convention, completed a certificate in Form 106, then the certificate is evidence of the facts stated in it. 14 Appearance Filing of appearance 1   a Where a party wishes to enter an appearance to an originating process other than a petition, the party shall file an appearance in Form 7 and shall deliver a copy of the appearance forthwith to the plaintiff. b Where a party wishes to enter an appearance to a petition, the party shall file an appearance in Form 8 and shall deliver a copy of the appearance forthwith to the petitioner. b.1 Where a party wishes to enter an appearance to an appeal, the party shall file an appearance in Form 8 and shall deliver a copy of the appearance promptly to the appellant. b.2 If a person wishes to enter an appearance to a stated case under Rule 33A, the person must file an appearance in Form 8 and must promptly deliver a copy of the appearance to the person identified as the applicant in the applicable notice of stated case. c Repealed. [B.C. Reg. 165/97, s. 5.] d Repealed. [B.C. Reg. 165/97, s. 5.] e An appearance may be filed at a registry by fax. f An appearance that is received by fax after 4 p.m. shall be deemed to be filed on the following business day. [am. B.C. Regs. 10/92, s. 1; 165/97, s. 5; 193/2007, s. 3.] Repealed 2 Repealed. [B.C. Reg. 165/97, s. 5.] Time for appearance 3 Unless the court otherwise orders or these rules otherwise provide, the time for appearance is 7 days from the service of the originating process. Appearance after time for appearance 4 A party may enter an appearance after the time for appearance has expired. [en. B.C. Reg. 143/94, s. 1.] Conditional appearance 5 Conditional appearances are abolished and an appearance purporting to be conditional shall be deemed to be unconditional. Disputed jurisdiction 6 A party who has been served with an originating process in a proceeding, whether served with the originating process in that proceeding in or outside of British Columbia, may, after entering an appearance, a apply to strike out a pleading or to dismiss or stay the proceeding on the ground that the originating process or other pleading 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 proceeding, b apply to dismiss or stay the proceeding on the ground that the court does not have jurisdiction over that party in respect of the claim made against that party in the proceeding, or c allege in a pleading that the court does not have jurisdiction over that party in respect of the claim made against that party in the proceeding. [en. B.C. Reg. 198/2003, s. 3.] Order declining jurisdiction may be sought 6.1 Whether or not a party referred to in subrule (6) makes an application or allegation under that subrule, the party may apply to court for a stay of the proceeding 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 proceeding. [en. B.C. Reg. 198/2003, s. 3.] Disputed process or service 6.2 If a party who has been served with an originating process in a proceeding, whether served with the originating process in that proceeding in or outside of British Columbia, alleges that the originating process in the proceeding is invalid or has expired or that the purported service of the process was invalid, the party may, after entering an appearance, apply for one or both of the following: a an order setting aside the process; b an order setting aside service of the process. [en. B.C. Reg. 198/2003, s. 3.] Powers of court pending resolution 6.3 If an application is brought under subrule (6) (a) or (b) or (6.2) or an issue is raised by an allegation in a pleading referred to in subrule (6) (c), the court may, on the application of a party of record, before deciding the first-mentioned application or issue, a stay the proceeding, b give directions for the conduct of the first-mentioned application, c give directions for the conduct of the proceeding, and d discharge any order previously made in the proceeding. [en. B.C. Reg. 198/2003, s. 3.] Party does not submit to jurisdiction 6.4 If, within 30 days after entering an appearance in a proceeding, a party of record delivers a notice of motion under subrule (6) (a) or (b) or (6.2) to the other parties of record or files a pleading referred to in subrule (6) (c), a the party does not submit to the jurisdiction of the court in relation to the proceeding merely by filing or delivering any or all of the following: i the appearance; ii a pleading under subrule (6) (c); iii a notice of motion and supporting affidavits under subrule (6) (a) or (b), and b until the court has decided the application or the issue raised by the pleading, the party may, without submitting to the jurisdiction of the court, i apply for, enforce or obey an order of the court, and ii defend the action on its merits. [en. B.C. Reg. 198/2003, s. 3.] Repealed 7-8 Repealed. [B.C. Reg. 198/2003, s. 3.] 15 Change of Parties Party's death, bankruptcy, etc. 1 Where a party dies or becomes bankrupt, or a corporate party is wound up or otherwise ceases to exist, but the claim survives, the proceeding shall not abate by reason of the death or bankruptcy or the corporate party having been wound up or ceasing to exist. Idem 2 Whether or not the claim survives, a proceeding shall not abate by reason of either party dying between the verdict or finding on the issues of fact and the entry of judgment, but judgment may be entered notwithstanding the death. Assignment or conveyance of interest 3 Where by assignment, conveyance or death, an estate, interest or title devolves or is transferred, a proceeding relating thereto may be continued by or against the person upon whom or to whom that estate, interest or title has devolved or been transferred. Change or transmission of interest or liability 4 Where a change or transmission of interest or liability of a party has taken place or a person interested comes into existence after the commencement of a proceeding and it becomes necessary or desirable a that a person not already a party should be made a party, or b that a person already a party should be made a party in another capacity, the court may order that the proceeding be carried on between the continuing parties and the new party. Removing, adding or substituting party 5 (a)    At any stage of a proceeding, the court on application by any person may i order that a party, who is not or has ceased to be a proper or necessary party, cease to be a party, ii order that a person, who ought to have been joined as a party or whose participation in the proceeding is necessary to ensure that all matters in the proceeding may be effectually adjudicated upon, be added or substituted as a party, and iii order that a person be added as a party where there may exist, between the person and any party to the proceeding, a question or issue relating to or connected A with any relief claimed in the proceeding, or B with the subject matter of the proceeding, which in the opinion of the court it would be just and convenient to determine as between the person and that party. b No person shall be added or substituted as a plaintiff or petitioner without the person's consent. [am. B.C. Reg. 95/96, s. 4.] Procedure where order made 6 Unless the court otherwise orders, where an order is made under subrule (4) or (5) adding or changing a party, a the originating process shall be amended, and a reference to the order and the date on which the amendment is made shall be endorsed upon the amended process, b no further steps shall be taken against the person made a party under the order until the amended process and a copy of the order are served upon the person, c the person made a party under the order may apply to the court to vary or discharge the order within 7 days after the expiry of the time for appearance, and d the rules as to service and entering an appearance apply to the amended process. [am. B.C. Reg. 191/2000, s. 6.] Effect of order 7 Unless the court otherwise orders, where a person becomes a party in substitution for a former party, all things done in the proceeding before the person became a party shall have the same effect in relation to that person as they had to the former party, but the substituted party shall enter an appearance. Prosecution of action where plaintiff or petitioner dies 8 Where a plaintiff or petitioner has died and the proceeding may be continued, the defendant or respondent may apply to the court for an order that the person entitled to proceed do proceed within the time that the court orders and that, in default, the proceeding be dismissed for want of prosecution. Idem 9 Where a proceeding is dismissed under subrule (8), an order for payment of costs may be made and enforced against the assets of the deceased's estate. Contents 221_90_00.htm Rules 1 to 15 221_90_01.xml Rules 16 to 30 221_90_02.xml Rules 31 to 45 221_90_03.xml Rules 46 to 60 221_90_04.xml Rules 60A to 69 221_90_05.xml Appendix A 221_90_06.xml Appendices B and C 221_90_07.xml