221/90 O.C. 1039/90 September 1, 1990 REPEALED BY B.C. REG. 168/2009 Court Rules Act [includes amendments up to B.C. Reg. 165/2009, July 1, 2009] 16 Change of Solicitor Change of solicitor 1 A party to a proceeding a may change solicitors, b having been acting on his or her own behalf, may engage a solicitor to act, or c having been represented by a solicitor, may discharge the solicitor and act on his or her own behalf, d Repealed. [B.C. Reg. 165/97, s. 6.] but until copies of notice of the change in Form 10 or 11 have been filed and delivered to the other parties of record the other parties are entitled to proceed on the basis that there has been no change of representation or address for delivery. [am. B.C. Reg. 165/97, s. 6.] Order that solicitor has ceased to act 2 Where a a solicitor for a party has died, cannot be found or for any reason is unable to practise, and b the party has not given notice of change of solicitor or of intention to act in person in accordance with subrule (1), the court on the application of any other party may order that the solicitor has ceased to be the solicitor of the first mentioned party. [am. B.C. Reg. 55/93, s. 6 (a).] Repealed 3 Repealed. [B.C. Reg. 55/93, s. 6 (b).] Order on application of solicitor 4 Where a solicitor who has acted for a party in a proceeding has ceased to act and the party has not given a notice of change in accordance with subrule (1), the court, on the application of the solicitor, may declare that the solicitor has ceased to be the solicitor acting for the party and, where applicable, a that the solicitor's office is not the address for delivery of the party and give directions as to a new address for delivery, and b that the solicitor's fax number for delivery may no longer be used for delivery and give directions for a new fax number for delivery. Notice of withdrawal 5 As an alternative to proceeding under subrule (4), a solicitor who has ceased to act for a party who has not given a notice of change under subrule (1) may serve on that party a notice of intention to withdraw in Form 10A and deliver a copy of it to all other parties of record. [en. B.C. Reg. 55/93, s. 6 (b).] Filing of objection 6 A party receiving a notice of intention to withdraw may, within 7 days of receipt, file in the registry an objection in the form provided in Form 10A and shall deliver it to the solicitor. [en. B.C. Reg. 55/93, s. 6 (b).] Procedure where no objection filed 7 If, within 7 days after the last date of delivery or service of the notice of intention to withdraw on a party, no objection has been filed and no notice of change of solicitor or notice of intention to act in person has been filed, the solicitor may file a notice of withdrawal of solicitor in Form 12A. [en. B.C. Reg. 55/93, s. 6 (b).] Delivery of notice of withdrawal 8 If a solicitor files a notice of withdrawal of solicitor under subrule (7), the solicitor ceases to be the solicitor of record when the notice has been delivered to all parties of record. [en. B.C. Reg. 55/93, s. 6 (b).] Delivery of documents after withdrawal 9 Delivery of documents may be made in the manner provided by Rule 11 (10) to the address set out in Form 12A until a new address for delivery is given. [en. B.C. Reg. 55/93, s. 6 (b).] Procedure where objection filed 10 If, within the time referred to in subrule (7), an objection has been filed in the registry, the solicitor may apply, on notice to each party who has filed an objection, for an order under subrule (4). [en. B.C. Reg. 55/93, s. 6 (b).] Substituted service 11 Where personal service of a notice of intention to withdraw cannot be made on a party for whom the solicitor acts, the solicitor may apply for directions for substituted service. [en. B.C. Reg. 55/93, s. 6 (b).] Delivery of copy of order 12 An applicant who obtains an order under subrule (2) or (4) shall deliver a copy of the order to all parties of record and, until it is delivered, a party is entitled to proceed on the basis that there has been no change of solicitor or address for delivery. [en. B.C. Reg. 55/93, s. 6 (b).] 17 Default of Appearance to Writ Default in filing of appearance 1 A plaintiff may proceed against a defendant under this rule if a that defendant has not filed an appearance to a writ of summons, and b the time for appearance has expired. [en. B.C. Reg. 143/94, s. 2.] Filings required 2 A plaintiff who wishes to proceed against a defendant under this rule must file proof of service of the writ on that defendant and a requisition endorsed by the registrar with a notation that no appearance has been filed by that defendant. [en. B.C. Reg. 143/94, s. 2; am. B.C. Reg. 201/2004, s. 1.] Claim for debt or liquidated demand 3 Where the plaintiff's claim against a defendant is solely for recovery of a debt or liquidated demand, the plaintiff may enter final judgment in Form 86 against that defendant for a sum not exceeding that claimed, interest if entitled and costs, and may proceed with the action against any other defendant. [am. B.C. Reg. 143/94, s. 2.] Idem 4 For the purposes of subrule (3), a claim may be treated as a claim for a liquidated demand notwithstanding that part of the claim is for interest accruing after the date of the writ, and the interest shall be computed from the date of the writ to the date of entering judgment. Claim for unliquidated damages 5 Where the plaintiff's claim against a defendant is solely for unliquidated damages, the plaintiff may enter judgment in Form 86 against that defendant for damages to be assessed and costs, and may proceed with the action against any other defendant. [am. B.C. Reg. 143/94, s. 2.] Claim for detention of goods 6 Where the plaintiff's claim against a defendant relates solely to the detention of goods, the plaintiff, at the plaintiff's option, may enter either a judgment in Form 86 against that defendant for the delivery of the goods, or their value to be assessed, and costs, or b judgment in Form 86 for the value of the goods to be assessed and costs, and may proceed with the action against any other defendant. [am. B.C. Reg. 143/94, s. 2.] Multiple claims 7 Where the plaintiff's claim against a defendant includes one or more of the claims referred to in subrule (3), (5) or (6) and another claim, the plaintiff may enter against that defendant judgment, in respect of any claim, as the plaintiff would be entitled to enter under those subrules if that were the plaintiff's only claim, and may proceed with the action against that defendant and any other defendant. [am. B.C. Reg. 143/94, s. 2.] Method of assessment 8 Where a plaintiff has obtained judgment for damages or value to be assessed, the plaintiff may set the assessment down for trial but, unless the court otherwise orders, it shall be tried at the same time as the trial of the action or issues against any other defendant. Judgment in other claims 9 If the plaintiff's claim against a defendant is not one referred to in subrule (3), (5) or (6), the plaintiff may apply for judgment against the defendant under Rule 18. [en. B.C. Reg. 143/94, s. 2.] Idem 10 Where a writ has been served, but, by reason of the defendant having after service satisfied the claim, it has become unnecessary for the plaintiff to proceed with the action, the plaintiff may, with the leave of the court, enter judgment against that defendant for costs. [am. B.C. Reg. 143/94, s. 2.] Application to judge or master 11 Where the registrar is not certain that a plaintiff's claim against a defendant relates to a claim within subrule (3), (5), (6) or (7), the registrar may refuse to enter judgment and the plaintiff may apply to a judge or master in chambers for default judgment. Court may set aside or vary default judgment 12 The court may set aside or vary any judgment entered pursuant to this rule. Alternative methods of assessment 13 Where a plaintiff has obtained judgment under subrule (5), (6) or (7), the plaintiff may, instead of proceeding to trial to assess the damages or the value of the goods, apply to the court, and the court may a assess the damages or value of the goods summarily upon affidavit or other evidence, b order an assessment, an inquiry or an accounting, c give directions as to the trial or hearing of the assessment or determination of value, or d make such other order as it thinks just. 18 Summary Judgment in Action Application for 1 In an action in which an appearance has been entered, in an action referred to in Rule 17 (9) or 25 (12) or in a family law proceeding that is not an undefended divorce proceeding within the meaning of Rule 60 (1), the plaintiff, on the ground that there is no defence to the whole or part of a claim, or no defence except as to amount, may apply to the court for judgment on an affidavit setting out the facts verifying the claim or part of the claim and stating that the deponent knows of no fact which would constitute a defence to the claim or part of the claim except as to amount. [am. B.C. Regs. 143/94, s. 3; 161/98, s. 8; 267/98, s. 1.] Order for 2 On the hearing of an application under subrule (1), the court may exercise any of its powers under Rule 52 (8) and may a grant judgment for the plaintiff on the whole or part of the claim and may impose terms on the plaintiff, including a stay of execution of any judgment, until the determination of a defendant's counterclaim or third party proceeding, b allow the defendant to defend the whole or part of the claim either unconditionally or on terms relating to the giving of security, time, the mode of trial or otherwise, and may give directions under Rule 40 (44) and (52) for the hearing of evidence at trial, c with the consent of all parties, dispose of the action finally in a summary way, with or without pleadings, d award costs, or e grant any other order it thinks just. Continuing proceedings after summary judgment 3 Where a plaintiff obtains judgment under subrule (2), the plaintiff may continue the action in respect of any remaining part of the claim, any other claim or against any other defendant. Summary judgment on counterclaim or third party proceeding 4 This rule applies to a counterclaim or third party proceeding. Setting aside or varying summary judgment 5 A judgment given against a party who does not attend at the hearing of an application under this rule may be set aside or varied by the court. [en. B.C. Reg. 55/93, s. 7.] Summary judgment for defendant 6 In an action in which an appearance has been entered, the defendant may, on the ground there is no merit in the whole or part of the claim, apply to the court for judgment on an affidavit setting out the facts verifying the defendant's contention that there is no merit in the whole or part of the claim and stating that the deponent knows of no facts which would substantiate the whole or part of the claim. Order for summary judgment for defendant 7 On the hearing of an application under subrule (6) the court may a dismiss the action, b make any order referred to in subrule (2), or c grant any other order it thinks just. 18A Summary Trial Application 1 A party may apply to the court for judgment, either on an issue or generally, in any of the following: a an action in which a defence has been filed; b an originating application in respect of which a trial has been ordered under Rule 52 (11) (d); c a contested family law proceeding; d a third party proceeding in which a statement of defence to third party notice has been filed; e a proceeding by way of counterclaim in which a statement of defence to counterclaim has been filed. [en. B.C. Reg. 95/96, s. 7; am. B.C. Regs. 161/98, s. 9 (a); 149/99, s. 3 (a).] When application must be heard 1.1 An application under subrule (1) must be heard at least 45 days before the date set for trial in the proceeding. [en. B.C. Reg. 198/2003, s. 4 (a).] Setting application for hearing 2 Unless otherwise ordered, an application under subrule (1) must be set for hearing in accordance with Rule 51A. [en. B.C. Reg. 101/2001, s. 3 (a); am. B.C. Reg. 198/2003, s. 4 (b).] Evidence on application 3 Unless the court otherwise orders, on an application under subrule (1), the applicant and each other party of record may adduce evidence by any or all of the following: a affidavit; b an answer, or part of an answer, to interrogatories; c any part of the evidence taken on an examination for discovery; d an admission under Rule 31; e a written statement setting out the opinion of an expert, if i the statement conforms with Rule 40A (5), or ii the court orders that the statement is admissible even though it does not conform with Rule 40A (5). [en. B.C. Reg. 95/96, s. 7; am. B.C. Regs. 149/99, s. 3 (b) and (c); 198/2003, s. 4 (c).] Application of Rule 40 4 Rule 40 (27) (a) and (d), (28), (29) and (31) to (33) applies to subrule (3). [en. B.C. Reg. 95/96, s. 7.] Application of Rule 40A 4.1 Rule 40A (6) and (7) (a) applies to an application under subrule (1). [en. B.C. Reg. 149/99, s. 3 (d); am. B.C. Reg. 198/2003, s. 4 (d).] Filings with application 5 A party who applies for judgment under subrule (1) a must serve with the notice of motion and the other documents referred to in Rule 44 (5), every statement of expert opinion, not already filed, on which the party will rely, and b must not serve any further affidavits, statements of expert opinion or notices except i to adduce evidence that would, at a trial, be admitted as rebuttal evidence, ii in reply to a notice of motion filed and delivered by another party of record, or iii with leave of the court. [en. B.C. Reg. 95/96, s. 7; am. B.C. Regs. 149/99, s. 3 (e) and (f); 101/2001, s. 3 (b) and (c); 198/2003, s. 4 (e).] Notice of evidence to be used on application 6 Notice shall be given of the answers to interrogatories, the evidence taken on an examination for discovery and the admissions on which a party seeks to rely. [en. B.C. Reg. 95/96, s. 7.] Time for giving notice 7 Notice under subrule (6) must be given a by an applicant, in accordance with Rule 44 (5), and b by a party who is not an applicant, in accordance with Rule 44 (6). [en. B.C. Reg. 101/2001, s. 3 (d).] Ancillary orders and directions 8 On an application heard before or at the same time as the hearing of an application under subrule (1), the court may a adjourn the application under subrule (1), or b dismiss the application under subrule (1) on the ground that i the issues raised by the application under subrule (1) are not suitable for disposition under this rule, or ii the application under subrule (1) will not assist the efficient resolution of the proceeding. [en. B.C. Reg. 198/2003, s. 4 (f).] Repealed 9 Repealed. [B.C. Reg. 198/2003, s. 4 (f).] Preliminary directions 10 On or before the hearing of an application under subrule (1), the court may order that a a party file and deliver, within a fixed time, any of the following on which it intends to rely: i an affidavit; ii a notice under subrule (6), b a deponent or an expert whose statement is relied on attend for cross-examination, either before the court or before another person as the court directs, c cross-examinations on affidavits be completed within a fixed time, d no further evidence be adduced on the application after a fixed time, or e a party file and deliver a brief, with such contents as the court may order, within a fixed time. [en. B.C. Reg. 95/96, s. 7; am. B.C. Regs. 149/99, s. 3 (g); 198/2003, s. 4 (c).] Ancillary or preliminary orders and directions may be made at or before application 10.1 An order under subrule (8) or (10) may be made by a judge or by a master, and may be made before or at the same time as an application under subrule (1). [en. B.C. Reg. 198/2003, s. 4 (g).] Judge not seized of application 10.2 A judge who makes an order under subrule (8) or (10) in relation to an application under subrule (1) is not seized of the application under subrule (1) unless the judge otherwise orders. [en. B.C. Reg. 198/2003, s. 4 (g).] Judgment 11 On the hearing of an application under subrule (1), the court may a grant judgment in favour of any party, either on an issue or generally, unless i the court is unable, on the whole of the evidence before the court on the application, to find the facts necessary to decide the issues of fact or law, or ii the court is of the opinion that it would be unjust to decide the issues on the application, b impose terms respecting enforcement of the judgment, including a stay of execution, as it thinks just, and c award costs. [en. B.C. Reg. 95/96, s. 7; am. B.C. Reg. 198/2003, s. 4 (b).] No further application without leave 12 If the court does not grant judgment under subrule (11), the applicant may not make a further application under subrule (1) without leave of the court. [en. B.C. Reg. 95/96, s. 7.] Directions 13 If the court is unable to grant judgment under subrule (11) and considers that the proceeding ought to be expedited by giving directions, the court may order the trial of a proceeding generally or on an issue and may order that a the pleadings be amended or closed within a fixed time, b a party file and deliver, within a fixed time, to each party as specified by the court, a list of documents or an affidavit verifying a list of documents in accordance with the directions that the court may give, c interlocutory applications be brought within a fixed time, d a general application for directions be brought within a fixed time, e a statement of agreed facts be filed within a fixed time, f all procedures for discovery be conducted in accordance with a schedule and plan directed by the court, and the plan may set limitations on those discovery procedures, g the obligation to pay conduct money to any of the parties or persons to be examined be allocated in the manner specified in the order, h an examination for discovery or a pre-trial examination of a witness be of limited duration, i a party deliver a written summary of the proposed evidence of a witness within a fixed time, j the evidence in chief of a witness be of limited duration, k the evidence in chief of a witness be given in whole or part by the production of a written statement, l experts who have been retained by the parties meet, on a without prejudice basis, to determine those matters on which they agree and to identify those matters on which they do not agree, m evidence be adduced in a manner provided by Rule 40 (44) and (52), n a party deliver a written summary of the whole or part of the party's argument within a fixed time, o all or any part of the submissions of counsel be in writing or of limited length, p a pre-trial conference be held at a time and place to be fixed at which any of the orders in this subrule may be made, and q with the approval of the Chief Justice, the proceeding be set for trial on a particular date or on a particular trial list. [en. B.C. Reg. 95/96, s. 7; am. B.C. Reg. 165/97, s. 7.] Repealed 14 Repealed. [B.C. Reg. 161/98, s. 9 (b).] Right to vary or set aside order 15 A court may, before or at trial, vary or set aside an order made under subrules (10) and (13). [en. B.C. Reg. 95/96, s. 7.] Order if jury notice filed 16 A party may apply to the court for judgment under subrule (1) notwithstanding the fact that a party may have filed a notice under Rule 39 (26) requiring that the trial of the action be heard with a jury. [en. B.C. Reg. 95/96, s. 7; am. B.C. Reg. 198/2003, s. 4 (e).] 19 Pleadings Generally Contents 1 A pleading shall be as brief as the nature of the case will permit and must contain a statement in summary form of the material facts on which the party relies, but not the evidence by which the facts are to be proved. Idem 2 The effect of any document or the purport of any conversation referred to in a pleading, if material, shall be stated briefly and the precise words of the documents or conversation shall not be stated, except in so far as those words are themselves material. Idem 3 A party need not plead a fact if it is presumed by law to be true or if the burden of disproving it lies on the other party. Idem 4 A party need not plead the performance of a condition precedent necessary for the party's case, unless the other party has specifically denied it in that other party's pleadings. Form 5 A pleading shall be divided into paragraphs numbered consecutively, each allegation being contained in a separate paragraph. Matters arising since commencement 6 A party may plead a matter which has arisen since the commencement of the proceeding. Inconsistent allegations 7 A party shall not plead an allegation of fact or a new ground or claim inconsistent with the party's previous pleading. Alternative allegations 8 Subrule (7) does not affect the right of a party to make allegations in the alternative or to amend or apply for leave to amend a pleading. Objection in point of law 9 A party may raise in a pleading an objection in point of law. [en. B.C. Reg. 10/92, s. 3.] Pleading conclusions of law 9.1 Conclusions of law may be pleaded only if the material facts supporting them are pleaded. [en. B.C. Reg. 10/92, s. 3.] Status admitted 10 Unless the incorporation of a corporate party or the office or status of a party is specifically denied, it shall be deemed to be admitted. Where particulars necessary 11 Where the party pleading relies on misrepresentation, fraud, breach of trust, wilful default or undue influence, or where particulars may be necessary, full particulars, with dates and items if applicable, shall be stated in the pleading. If the particulars of debt, expenses or damages are lengthy, the party may refer to this fact and instead of pleading the particulars shall deliver the particulars in a separate document either before or with the pleading. Further particulars 11.1 Particulars need only be pleaded to the extent that they are known at the date of pleading, but further particulars may be delivered after they become known, and shall be delivered within 10 days of a demand being made in writing. [en. B.C. Reg. 55/93, s. 8 (a).] Particulars in libel or slander 12 In an action for libel or slander, a where the plaintiff alleges that the words or matter complained of were used in a derogatory sense other than their ordinary meaning, the plaintiff shall give particulars of the facts and matters on which the plaintiff relies in support of that sense, and b where the defendant alleges that, in so far as the words complained of consist of statements of fact, they are true in substance and in fact, and that in so far as they consist of expressions of opinion, they are fair comment on a matter of public interest, the defendant shall give particulars stating which of the words complained of the defendant alleges are statements of fact and of the facts and matters relied on in support of the allegation that the words are true. Set-off or counterclaim 13 A defendant in an action may set off or set up by way of counterclaim any right or claim, whether the set-off or counterclaim is for damages or not, so as to enable the court to pronounce a final judgment on all claims in the same action. Filing and delivery of pleadings 14 A pleading shall be filed and a copy delivered to all parties of record and shall contain the style of proceeding, the description of the pleading, and the name and address for delivery of the party delivering the same. [am. B.C. Reg. 95/96, s. 8.] Pleading after the statement of claim 15 In a pleading subsequent to a statement of claim a party shall plead specifically any matter of fact or point of law that a the party alleges makes a claim or defence of the opposite party not maintainable, b if not specifically pleaded, might take the other party by surprise, or c raises issues of fact not arising out of the preceding pleading. Order for particulars 16 The court may order a party to deliver further and better particulars of a matter stated in a pleading. Demand for particulars 17 Before applying to the court for particulars, a party shall demand them in writing from the other party. Demand for particulars not a stay of proceedings 18 A demand for particulars does not operate as a stay of proceedings or give an extension of time, but a party may apply for an extension of time for delivering a pleading on the ground that the party cannot answer that pleading until particulars are provided. Denial required if fact not admitted 19 An allegation of fact in a pleading, if not denied or stated to be not admitted in the pleading of the opposite party, shall be taken to be admitted, except as against an infant or mentally incompetent person. General denial sufficient except where proving different facts 20 It is not necessary in a pleading to deny specifically each allegation made in a preceding pleading and a general denial is sufficient of allegations which are not admitted, but where a party intends to prove material facts that differ from those pleaded by an opposite party, a denial of the facts so pleaded is not sufficient, but the party shall plead his or her own statement of facts if those facts have not been previously pleaded. [en. B.C. Reg. 55/93, s. 8 (b).] Substance to be answered 21 If a party in a pleading denies an allegation of fact in the previous pleading of the opposite party, the party shall not do so evasively but shall answer the point of substance. Denial of contract 22 If a contract, promise or agreement is alleged in a pleading, a bare denial of it by the opposite party shall be construed only as a denial of fact of the express contract, promise or agreement alleged, or of the matters of fact from which it may be implied by law, and not as a denial of the legality or sufficiency in law of that contract, promise or agreement. Allegation of malice 23 It is sufficient to allege malice, fraudulent intention, knowledge or other condition of the mind of a person as a fact, without setting out the circumstances from which it is to be inferred. Scandalous, frivolous or vexatious matters 24 At any stage of a proceeding the court may order to be struck out or amended the whole or any part of an endorsement, pleading, petition or other document on the ground that a it discloses no reasonable claim or defence as the case may be, b it is unnecessary, scandalous, frivolous or vexatious, c it may prejudice, embarrass or delay the fair trial or hearing or the proceeding, or d it is otherwise an abuse of the process of the court, and the court may grant judgment or order the proceeding to be stayed or dismissed and may order the costs of the application to be paid as special costs. Idem 25 Where on the filing of a document a registrar considers that the whole or any part of an endorsement, pleading, petition or other document could be the subject of an order under subrule (24), the registrar may, notwithstanding any other provision of these rules, retain it and all filed copies of it, and refer it to the court and the court may, after a summary hearing as the court directs, make an order under subrule (24). Idem 26 Where the court makes such an order, the registrar shall give notification of the order, in the manner directed by the court, to the person who filed the document, and that person may, within 7 days of being notified, apply to the court and the court may confirm, vary or rescind the order. Idem 27 No evidence is admissible on an application under subrule (24) (a). General relief 28 A pleading need not ask for general or other relief. General damages shall not be pleaded 29 Where general damages are claimed, the amount of the general damages claimed shall not be stated in the originating process or in any pleading. 20 Statement of Claim Form 1 A statement of claim must be in Form 13. Delivery 2 The plaintiff shall file and deliver a statement of claim either with the writ of summons or within 21 days after appearance. Altering claim from that endorsed on the writ 3 The plaintiff may, in a statement of claim, alter, modify or extend the claim without amending the endorsement on the writ. Place of trial 4 A statement of claim must show the proposed place of trial. Specific relief 5 A statement of claim must state the specific relief which the plaintiff claims, and may ask for relief in the alternative. 21 Statement of Defence and Counterclaim Form 1 A statement of defence must be in Form 14. Bills of exchange 2 In an action on a bill of exchange, a promissory note or a cheque, a statement of defence in denial must deny some matter of fact, for example, the drawing, making, endorsing, accepting, presenting or notice of dishonour of the bill or note. Contracts 3 In an action for money due under a contract, a statement of defence must specifically deny such matters of fact, from which the liability of the defendant is alleged to arise, as are disputed. Damages 4 No denial is necessary as to damages claimed or their amount, but they shall be deemed to be put in issue in all cases unless expressly admitted. Delivery 5 Where a defendant has entered an appearance the defendant shall file and deliver a statement of defence and any counterclaim to the plaintiff within 14 days from the time limited for appearance or from the delivery of the statement of claim, whichever is later. Counterclaim 6 A counterclaim must be pleaded separately, must be in Form 15 and may be included in the same document as the statement of defence. Idem 7 The parties shall be referred to in a counterclaim in their original capacities and the terms "plaintiff by way of counterclaim" and "defendant by way of counterclaim" shall not be used except as provided in subrules (8) to (11). Counterclaim against plaintiff and another person 8 Where a defendant sets up a counterclaim that raises questions between that defendant and the plaintiff along with any other person, the defendant may join that person as a party against whom the counterclaim is made. Idem 9 Where the person referred to in subrule (8) is not a party to the original action, the person's name shall be added to the style of proceeding as "defendant by counterclaim". Idem 10 Where the person referred to in subrule (8) is a party to the original action, the defendant shall deliver the counterclaim to that person within the period in which the defendant is required to deliver it to the plaintiff. Idem 11 Where the person referred to in subrule (8) is not a party to the original action, a notice in Form 16 shall be filed, and, together with the counterclaim, be served on that person, and the person may enter an appearance to it, and Rules 17, 18 and 25 apply as though that person were a defendant to a writ of summons. Defence to counterclaim 12 A person served with a counterclaim becomes a defendant to the counterclaim from the time of service with the same rights and obligations in respect of conducting a defence to the counterclaim or otherwise as a defendant. Separate trial of counterclaim 13 Where, on the application of a party against whom a counterclaim is made, it appears that the subject matter of the counterclaim ought to be dealt with separately, the court may order that the counterclaim be struck out or tried separately or may make any other order it thinks just. Where action stayed or discontinued 14 Where, in an action in which the defendant has set up a counterclaim, the action of the plaintiff is stayed, discontinued or dismissed, the counterclaim may proceed. Judgment 15 Where a set-off or counterclaim establishes a defence to the plaintiff's claim, the court may give judgment for the defendant for any balance in the defendant's favour or for other relief as the court thinks just. Payment into court when tender pleaded 16 If a defence of tender or tender of money by way of amends is pleaded, the defendant shall pay into court the amount alleged to have been tendered, failing which the plea may be struck out. [en. B.C. Reg. 55/93, s. 9.] Costs where defence of tender successful 17 If, on a judgment, costs are awarded to a defendant who has paid into court under this rule, the assessed costs shall be paid to the defendant out of the money in court. [en. B.C. Reg. 55/93, s. 9.] Acceptance of money paid into court 18 A plaintiff may, before trial, apply to take out money paid into court under this rule, and the court may deal with costs of the action as if the defence of tender had succeeded. [en. B.C. Reg. 55/93, s. 9.] Tender in defamation action 19 If in an action for defamation the defendant is permitted to plead a matter in mitigation of damages, the defendant may also plead tender of money by way of amends, whether the tender was made before or after action was commenced. [en. B.C. Reg. 55/93, s. 9.] 22 Third Party Procedure Filing a third party notice 1 A party of record who is not a plaintiff may file a third party notice in Form 17 if the party of record alleges against any person (in this rule called "the third party"), whether or not the third party is a party to the action, that a the party is entitled to contribution or indemnity from the third party in respect of a claim made against the party in the action, b the party is entitled to any relief against the third party relating to or connected with the original subject matter of the action, or c a question or issue relating to or connected with any relief claimed in the action or with the original subject matter of the action is substantially the same as a question or issue between the party and the third party and should properly be determined in the action. [en. B.C. Reg. 95/96, s. 9.] Contents of a third party notice 2 A third party notice must contain a statement in summary form of a the material facts on which the party issuing it relies, and b the relief that that party seeks against the third party. [en. B.C. Reg. 95/96, s. 9.] When leave is required 3 A party of record may file a third party notice a at any time with leave of the court, or b without leave of the court, i at any time before a notice of trial is delivered, or ii if a notice of trial has been delivered, at least 120 days before the scheduled trial date. [en. B.C. Reg. 95/96, s. 9.] Application for leave 4 Notice of an application for leave under subrule (3) (a) shall be a served on the proposed third party, and b delivered to all parties of record. [en. B.C. Reg. 95/96, s. 9.] Service and delivery of a third party notice 5 A party who files a third party notice shall forthwith a serve on each person named as a third party in the third party notice i copies of that third party notice, and ii if the third party was not a party of record at the time of the filing of the third party notice, copies of any pleadings that have previously been delivered by any party to the action, and b deliver a copy of the third party notice to each party of record. [en. B.C. Reg. 95/96, s. 9.] Application to set aside notice 6 At any time, on application, the court may set aside a third party notice. [en. B.C. Reg. 95/96, s. 9.] Appearance 7 A third party may enter an appearance in accordance with Rule 14 and shall forthwith deliver a copy of the appearance to each other party of record. [en. B.C. Reg. 95/96, s. 9.] Statement of defence 8 A third party who has entered an appearance shall file and deliver to each other party of record a statement of defence to the third party notice within 14 days after the later of a the time limited for appearance, and b the service of the third party notice. [en. B.C. Reg. 95/96, s. 9; am B.C. Reg. 165/97, s. 8.] Reply 9 The party who issued the third party notice shall file and deliver any reply within 7 days after the statement of defence to the third party notice has been delivered. [en. B.C. Reg. 95/96, s. 9.] Default of appearance 10 If a third party has not entered an appearance to a third party notice and the time for doing so has expired, the party who filed the third party notice may apply for judgment in default of appearance against the third party and notice of that application shall be delivered to each other party of record. [en. B.C. Reg. 95/96, s. 9.] Default of statement of defence 11 If a third party has filed an appearance to the third party notice but has not filed a statement of defence and the time for filing the statement of defence has expired, the party who filed the third party notice may apply for judgment in default of statement of defence against the third party and notice of the application shall be delivered to each other party of record. [en. B.C. Reg. 95/96, s. 9.] Relief 12 On an application under subrule (10) or (11), the court may grant any or all of the relief claimed in the third party notice. [en. B.C. Reg. 95/96, s. 9.] Statement of defence to statement of claim 13 A third party who has entered an appearance may file and deliver a statement of defence to the plaintiff's statement of claim, raising any defence open to a defendant. [en. B.C. Reg. 95/96, s. 9.] Contribution or indemnity claimed under the Negligence Act 14 A defendant who claims contribution or indemnity under the Negligence Act from a person shall do so, a if the person is a plaintiff, by counterclaim, or b in any other case, whether or not the person is a party to the action, by third party notice. [en. B.C. Reg. 95/96, s. 9.] Apportionment of liability claimed under the Negligence Act 15 A defendant who does not claim contribution or indemnity under the Negligence Act but who does claim an apportionment of liability under that Act shall claim that apportionment in the statement of defence. [en. B.C. Reg. 95/96, s. 9.] When statement of defence to third party notice not required 16 A defendant against whom a third party notice is filed need not deliver a statement of defence to the third party notice and is deemed to deny the allegation of fact made in the third party notice and to rely on the facts pleaded in that party's statement of defence to the plaintiff's claim if a the third party notice contains no claim other than a claim for contribution or indemnity under the Negligence Act, b the defendant has filed and delivered a statement of defence to the plaintiff's claim, and c the defendant intends, in defending against the third party claim, to rely on the facts pleaded in that statement of defence and on no other facts. [en. B.C. Reg. 95/96, s. 9.] Application for directions 17 A party affected by a third party procedure may apply to the court for directions. [en. B.C. Reg. 95/96, s. 9.] Third party procedure not to prejudice the plaintiff 18 The court may impose terms on any third party procedure to limit or avoid any prejudice or unnecessary delay that might otherwise be suffered by the plaintiff as a result of that third party procedure. [en. B.C. Reg. 95/96, s. 9.] Trial 19 An issue between the party filing the third party notice and the third party may be tried at the time the court may direct. [en. B.C. Reg. 95/96, s. 9.] 23 Reply and Subsequent Pleadings Form 1 A reply must be in Form 18. Delivery of reply 2 A plaintiff shall file and deliver any reply within 7 days after the statement of defence has been delivered. Pleading subsequent to reply 3 No pleading subsequent to reply shall be filed or delivered without leave of the court. Statement of defence to counterclaim 4 Where a counterclaim is pleaded, the statement of defence to it shall be in Form 19 and shall be subject to the rules applicable to statements of defence. Close of pleadings 5 Where no reply to a statement of defence, to a statement of defence to a counterclaim, or to a subsequent pleading is delivered within the time allowed, the pleadings are closed and material statements of fact in the pleading last delivered shall be deemed to have been denied and put in issue. Failure to reply 6 Where no reply to a statement of defence is delivered, a joinder of issue on that defence is implied. No joinder of issue 7 No reply that is a simple joinder of issue shall be filed or delivered. 24 Amendment When amendment may be made 1 A party may amend an originating process or pleading issued or filed by the party at any time with leave of the court, and, subject to Rules 15 (5) and 31 (5) a once without leave of the court, at any time before delivery of the notice of trial or hearing, and b at any time with the written consent of all the parties. How amendments made 2 Unless the court otherwise orders, where a party amends a document under subrule (1), a new document, being a copy of the original document but amended and bearing the date of the original, shall be filed. Idem 3 An amendment to a document must be dated, identified and underlined. Service of amended pleading 4 Unless the court otherwise orders, service on a party of an amended originating process or pleading shall be required if the original has been served on that party and no appearance has been entered or, in the case of a third party notice, no statement of defence has been filed. Amendment at trial 5 Unless the court otherwise orders, where an amendment is granted during a trial or hearing, an order need not be taken out and the amended document need not be filed, delivered or served. Service or delivery of amended document 6 Unless the court otherwise orders, where a party amends a document under subrule (1), the party shall deliver copies of the amended document to all the parties of record within 7 days after its amendment and, where service is required under subrule (4), the party shall serve copies on the persons required to be served as soon as reasonably possible and before taking any further step in the proceeding. Time for appearance to amended writ or petition 7 Where a party is served with an amended writ of summons or petition under subrule (4), the party has the same period of time for entering an appearance as that to which the party was entitled with respect to the original document. Amendments consequent upon amendment 8 Where an amended statement of claim, counterclaim, or third party notice is served on or delivered to an opposing party, a the opposing party, if he or she has already delivered a statement of defence, may amend that statement of defence, but only with respect to any matter raised by the amendments to the statement of claim, counterclaim or third party notice, and b the period for filing and delivering a statement of defence or amended statement of defence is 14 days after the amended pleading is delivered to him or her. Failure to deliver amended statement of defence 9 Where a party does not deliver an amended statement of defence as provided in subrule (8), the party shall be deemed to rely upon his or her original statement of defence. 25 Default of Pleading Default in filing and delivering a statement of claim 1 If a plaintiff has not filed and delivered a statement of claim and the time for doing so has expired, the court may, on the application of a defendant, order that the action be dismissed or make any other order it thinks just. [en. B.C. Reg. 143/94, s. 5.] Default in filing and delivering a statement of defence 2 A plaintiff may proceed against a defendant under this rule if a that defendant has not filed and delivered a statement of defence, and b the time for filing and delivering the statement of defence has expired. [en. B.C. Reg. 143/94, s. 5.] Filings required 3 A plaintiff who wishes to proceed against a defendant under this rule must file a proof of service or delivery of the statement of claim on that defendant, b proof that that defendant has failed to deliver a statement of defence, and c a requisition endorsed by the registrar with a notation that no statement of defence has been filed by that defendant. [en. B.C. Reg. 143/94, s. 5; am. B.C. Reg. 201/2004, s. 1.] Claim for debt or liquidated demand 4 Where the plaintiff's claim against a defendant is solely for recovery of a debt or liquidated demand, the plaintiff may enter final judgment in Form 86 against that defendant for a sum not exceeding that claimed, interest if entitled and costs, and may proceed with the action against any other defendant. [am. B.C. Reg. 143/94, s. 5.] Idem 5 For the purpose of subrule (4), a claim may be treated as a claim for a liquidated demand notwithstanding that part of the claim is for interest accruing after the date of the writ of summons, and the interest shall be computed from the date of the writ to the date of entering judgment. Claim for unliquidated damages 6 Where the plaintiff's claim against a defendant is solely for unliquidated damages, the plaintiff may enter judgment in Form 86 against that defendant for damages to be assessed and costs, and may proceed with the action against any other defendant. [am. B.C. Reg. 143/94, s. 5.] Claim for detention of goods 7 Where the plaintiff's claim against a defendant relates solely to the detention of goods, the plaintiff, at the plaintiff's option, may enter either a judgment in Form 86 against that defendant for the delivery of the goods, or their value to be assessed and costs, or b judgment in Form 86 for the value of the goods to be assessed and costs, and may proceed with the action against any other defendant. [am. B.C. Reg. 143/94, s. 5.] Multiple claims 8 Where the plaintiff's claim against a defendant is for one or more of the claims referred to in subrule (4), (6) or (7), and for another claim, the plaintiff may enter against that defendant judgment, in respect of any claim, as the plaintiff would be entitled to enter under those subrules if that were the plaintiff's only claim, and may proceed with the action against that defendant and any other defendant. [am. B.C. Regs. 10/92, s. 4; 143/94, s. 5.] Application to judge or master 9 Where the registrar is not certain that a plaintiff's claim against a defendant relates to a claim within subrule (4), (6), (7) or (8), the registrar may refuse to enter judgment and the plaintiff may apply to a judge or master in chambers for default judgment. No defence to part of claim 10 Where a statement of defence answers only part of the claim in the statement of claim, the plaintiff may apply to the court for such judgment in respect of the unanswered claim as the plaintiff would be entitled to enter under subrules (4) to (7) if no statement of defence were filed. No execution on default judgment where there is a counterclaim 11 Unless the court otherwise orders, where there is a counterclaim the plaintiff shall not issue execution on a judgment obtained under this rule until the entire action has been disposed of. Judgment in other claims 12 If the plaintiff's claim against a defendant is not one referred to in subrules (4) to (7), the plaintiff may apply for judgment against the defendant under Rule 18. [en. B.C. Reg. 143/94, s. 5.] Default by one of several defendants 13 Where, in any action mentioned in subrule (12), there are several defendants and a defendant defaults in filing and delivering a statement of defence, the plaintiff may apply for judgment against that defendant under Rule 18 and the court may exercise any of its powers under Rule 18 or direct that the matter stand until the trial of the action. [en. B.C. Reg. 143/94, s. 5.] Method of assessment 14 Where a plaintiff has obtained judgment for damages or value to be assessed, the plaintiff may set the assessment down for trial but, unless the court otherwise orders, it shall be tried at the same time as the trial of the action or issues against any other defendant. Court may set aside or vary default judgment 15 The court may set aside or vary any judgment entered under this rule. Alternative methods of assessment 16 Where a plaintiff has obtained judgment under subrule (6), (7) or (8), instead of proceeding to trial to assess the damages or the value of the goods, the plaintiff may apply to the court and the court may a assess the damages or value of the goods summarily upon affidavit or other evidence, b order an assessment, an inquiry or an accounting, c give directions as to the trial or hearing of the assessment or determination of value, or d make any other order it thinks just. 26 Discovery and Inspection of Documents Delivery of and answer to demand for discovery of documents 1 A party to an action may deliver to any other party a demand in Form 92 for discovery of the documents which are or have been in the party's possession or control relating to any matter in question in the action, and the other party shall comply with the demand within 21 days by delivering a list, in Form 93, of the documents that are or have been in the party's possession or control relating to every matter in question in the action. [am. B.C. Reg. 161/98, s. 10 (a).] Court may order delivery of list of documents 1.1 The court may order that a party deliver to any other party a list of the documents that relate to a matter in question in the action and that, although not in the possession or control of the party against whom the order is made, are within that party's power. [en. B.C. Reg. 95/96, s. 10 (a).] Court may excuse performance 1.2 The court may order that a party be excused from compliance with subrule (1), (1.4), (2), (7) or (9), either generally or in respect of one or more documents or classes of documents. [en. B.C. Reg. 95/96, s. 10 (a); am. B.C. Reg. 161/98, s. 10 (b); 193/2007, s. 4 (a).] Documents to be enumerated 1.3 Documents to which there is no objection to production must be enumerated in a convenient order and include a short description of each. [en. B.C. Reg. 161/98, s. 10 (c).] Insurance policy 1.4 A party must ensure that there is listed in the list of documents prepared under subrule (1) any insurance policy under which an insurer may be liable a to satisfy the whole or any part of a judgment obtained in the action, or b to indemnify or reimburse any party for any money paid by that party in satisfaction of the whole or any part of such a judgment. [en. B.C. Reg. 193/2007, s. 4 (b).] Information not to be disclosed 1.5 Despite subrule (1.4), information concerning the insurance policy must not be disclosed to the court at trial unless it is relevant to an issue in the action. [en. B.C. Reg. 193/2007, s. 4 (b).] Insurance policy 1.6 For the purposes of subrules (1.4) and (1.5), insurance policy does not include an application for insurance. [en. B.C. Reg. 193/2007, s. 4 (b).] Claim for privilege 2 Where it is claimed that a document is privileged from production, the claim must be made in the list of documents with a statement of the grounds of the privilege. Nature of privileged documents to be described 2.1 The nature of any document for which privilege from production is claimed must be described in a manner that, without revealing information that is privileged, will enable other parties to assess the validity of the claim of privilege. [en. B.C. Reg. 161/98, s. 10 (c).] Affidavit verifying list of documents 3 The court may order a party to deliver an affidavit verifying a list of documents. Application for specific documents 4 At any time, on the application of a party, the court may require any other party to deliver an affidavit stating a whether a document or class of documents specified or described in the application is or has been in the possession, control or power of the party delivering the affidavit, and b if the document or class of documents is not then in that party's possession, control or power, when it ceased to be in that party's possession, control or power and what has become of it. [en. B.C. Reg. 95/96, s. 10 (b).] Idem 5 An application for an order under subrule (4) shall be supported by an affidavit stating the belief of the deponent that the party from whom discovery is sought has or at some time had in his or her possession, control or power the document or class of documents specified or described in the application and that the document relates to one or more of the matters in question in the action. [am. B.C. Reg. 95/96, s. 10 (c).] Cross-examination on affidavit 6 The court may order a party to attend and be cross-examined on an affidavit delivered under this rule. Inspection of documents 7 A party who has delivered a list of documents to any other party shall allow the other party to inspect and copy the listed documents that are within the delivering party's possession or control, except those which the delivering party objects to producing, and, when the delivering party delivers the list, that party shall also deliver a notice stating a place where the documents may be inspected and copied during normal business hours. [en. B.C. Reg. 95/96, s. 10 (d).] Production of document referred to in pleadings 8 At any time a party may deliver a notice to any other party, in whose pleadings or affidavits reference is made to a document, requiring the other party to produce that document and, within 2 days, the other party shall deliver a notice stating a place where the document may be inspected and copied during normal business hours or stating that he or she objects to producing the document and the grounds of the objection. Copies of documents 9 Where a party is entitled to inspect documents in the possession or control of another party, the other party shall, on request, deliver copies of any of the documents, if reproducible, on payment in advance of the cost of reproduction and delivery. [am. B.C. Reg. 95/96, s. 10 (e).] Order to produce document 10 The court may order the production of a document for inspection and copying by any party or by the court at a time and place and in the manner it thinks just. Idem 11 Where a document is in the possession or control of a person who is not a party, the court, on notice to the person and all other parties, may order production and inspection of the document or preparation of a certified copy that may be used instead of the original. An order under Rule 41 (16) in respect of an order under this subrule may be made if that order is endorsed with an acknowledgment by the person in possession or control of the document that the person has no objection to the terms of the proposed order. Inspection of document by court 12 Where, on an application for production of a document, production is objected to, the court may inspect the document for the purpose of deciding the validity of the objection. Supplementary list of documents 13 Where, after a list of documents has been delivered under this rule, a it comes to the attention of the party delivering it that the list was inaccurate or incomplete, or b a document relating to a matter in question in the action comes into the party's possession or control, the party shall deliver forthwith a supplementary list specifying the inaccuracy or document. [am. B.C. Reg. 95/96, s. 10 (f).] Party may not use document 14 Unless the court otherwise orders, where a party fails to make discovery of or produce for inspection or copying a document as required by this rule, the party may not put the document in evidence in the proceeding or use it for the purpose of examination or cross-examination. Determination of issue before discovery 15 Where the party from whom discovery or inspection of a document is sought objects, the court may, if satisfied that for any reason it is desirable that any issue or question in dispute in a proceeding should be determined before deciding on the right to discovery or inspection, order that the issue or question be determined first and reserve the question of discovery or inspection. [am. B.C. Reg. 95/96, s. 10 (g).] 27 Examination for Discovery Leave of the court not required 1 Subject to this rule, an examination for discovery may take place without leave of the court at any time up to 14 days before the scheduled trial date. [en. B.C. Reg. 55/93, s. 10.] Oral examination on oath 2 An examination for discovery is an oral examination on oath. Examination of party adverse in interest 3 A party to an action may examine for discovery any party adverse in interest. Examination of director, etc. 4 A person who is or has been a director, officer, employee, agent or external auditor of a party may be examined for discovery, but that party may apply to the court at any time before the examination for an order requiring the examining party to examine instead of that person some other person who is or has been a director, officer, employee, agent or external auditor of the party. Examination of employees, agents, etc. 5 (a) A party who has examined for discovery any party adverse in interest shall not examine an employee or agent of that adverse party without leave of the court. b A party who has examined an employee or agent of another party shall not examine that other party without leave of the court. c A party who has examined a person referred to in subrule (4) shall not examine any other person referred to in that subrule without leave of the court. Corporation to name person for examination 6 Where a corporation is a party, it shall disclose the name of a person to be examined who is knowledgeable concerning the matters in question in the action. Examination of partners 7 Where a partnership is a party, one or more of the partners may be examined for discovery. Examination of party for whose benefit action brought 8 Subject to subrule (11), a person for whose immediate benefit an action is brought or defended may be examined for discovery. Examination of assignor 9 Where an action is brought by an assignee, the assignor may be examined for discovery. Examination of guardian and infants 10 Where an infant is a party, the infant, his or her guardian and his or her litigation guardian may be examined for discovery. [am. B.C. Reg. 83/2002, Sch. s. 1.] Examination of mentally incompetent person 11 Where a mentally incompetent person is a party, his or her litigation guardian and his or her committee may be examined for discovery, but the mentally incompetent person may not be examined without leave of the court. [am. B.C. Reg. 83/2002, Sch. s. 1.] Examination of bankrupt 12 Where a trustee in bankruptcy is a party, the bankrupt may be examined for discovery. Time 13 An examination for discovery by a plaintiff may take place after the expiration of time for delivery of the statement of defence of the party to be examined, and an examination by a defendant may take place at any time after the defendant has delivered a statement of defence. Place 14 Unless the court otherwise orders, or the parties to the examination consent, an examination for discovery shall take place at a location within 10 kilometers of the registry that is nearest to the place where the person to be examined resides. [am. B.C. Reg. 136/2005, s. 4; 193/2007, s. 5.] Examination before reporter 15 An examination for discovery shall be conducted before an official reporter, who is empowered to administer the oath. Appointment 16 Where a party is entitled to examine a person for discovery, the party may fix a time for the examination with an official reporter, and the person to be examined shall attend and submit to examination if a at least 2 days before the examination, the person is served personally with a notice of appointment in Form 20 and is tendered the proper witness fees, or b the person is a party to and has a solicitor in the action and, at least 7 days before the examination, the notice of appointment is delivered and the proper witness fees are tendered to that solicitor. [en. B.C. Reg. 147/95, s. 2.] Delivery of notice 17 The party examining for discovery shall, at least 2 days before the examination, deliver a copy of the notice of appointment to a the solicitor for the person to be examined, where i the person to be examined is a party to and has a solicitor in the action, and ii that solicitor has not received a copy of the notice under subrule (16) (b), and b each of the other parties of record. [en. B.C. Reg. 147/95, s. 2.] Repealed 18 Repealed. [B.C. Reg. 147/95, s. 2.] Idem 19 Where a solicitor receives a notice under this rule, the solicitor shall forthwith inform the person required to attend and shall pay the fees to that person. The fees shall not be attached. Production of documents 20 Unless the court otherwise orders, a person to be examined for discovery, and the party on whose behalf the person is to be examined, shall produce for inspection on the examination all documents in his or her possession or control, not privileged, relating to the matters in question in the action. [am. B.C. Reg. 95/96, ss. 11 and 12.] Examination and re-examination 21 The examination of a person for discovery shall be in the nature of a cross-examination, and the person examined may be re-examined on his or her own behalf or on behalf of a party not adverse in interest to him or her in relation to any matter respecting which he or she has been examined. After the re-examination he or she may be further examined by the examining party. Scope of examination 22 Unless the court otherwise orders, a person being examined for discovery shall answer any question within his or her knowledge or means of knowledge regarding any matter, not privileged, relating to a matter in question in the action, and is compellable to give the names and addresses of all persons who reasonably might be expected to have knowledge relating to any matter in question in the action. Scope includes insurance 22.1 Without limiting subrule (22), unless the court otherwise orders, a person being examined for discovery must answer any question within his or her knowledge or means of knowledge that is related to a the existence and contents of any insurance policy under which an insurer may be liable i to satisfy the whole or any part of a judgment obtained in the action, or ii to indemnify or reimburse a party for any money paid by that party in satisfaction of the whole or any part of such a judgment, and b the amount of money available under the policy, and any communication from an insurer denying or limiting liability under the policy. [en. B.C. Reg. 193/2007, s. 6 (a).] Information not to be disclosed 22.2 Despite subrule (22.1), information concerning the insurance policy must not be disclosed to the court at trial unless it is relevant to an issue in the action. [en. B.C. Reg. 193/2007, s. 6 (a).] Insurance policy 22.3 For the purposes of subrules (22.1) and (22.2), insurance policy does not include an application for insurance. [en. B.C. Reg. 193/2007, s. 6 (a).] Idem 23 In order to comply with subrule (22) or (22.1), a person being examined for discovery may be required to inform himself or herself and the examination may be adjourned for that purpose. [am. B.C. Reg. 193/2007, s. 6 (b).] Objections 24 Where a person under examination objects to answering a question put to him or her, the question and the objection shall be taken down by the official reporter and the validity of the objection may be decided by the court, which may order the person to submit to further examination. [am. B.C. Reg. 95/96, s. 13.] How recorded 25 An examination for discovery shall be taken down in the form of question and answer, and copies of the transcript may be obtained on payment of the proper fee by any party of record, the person examined or by any other person as the court for special reason may permit. Application to persons outside British Columbia 26 So far as is practicable, this rule applies to a person residing outside of British Columbia, and the court, on application on notice to the person, may order the examination for discovery of the person at a place and in the manner it thinks just and convenient, but unless the court otherwise orders, delivery of the order and the notice may be made on, and payment of the proper fee may be made to, the solicitor for the person. [am. B.C. Reg. 101/2001, s.2.] 28 Pre-trial Examination of Witness Order for 1 Where a person, not a party to an action, may have material evidence relating to a matter in question in the action, the court may order that the person be examined on oath on the matters in question in the action and may, either before or after the examination, order that the examining party pay reasonable solicitor's costs of the person relating to the application and the examination. Expert 2 An expert retained or specially employed by another party in anticipation of litigation or preparation for trial may not be examined under this rule unless the party seeking the examination is unable to obtain facts and opinions on the same subject by other means. Affidavit in support of application 3 An application for an order under subrule (1) shall be supported by affidavit setting out a the matter in question in the action to which the applicant believes that the evidence of the proposed witness may be material, b where the proposed witness is an expert retained or specially employed by another party in anticipation of litigation or preparation for trial, that the applicant is unable to obtain facts and opinions on the same subject by other means, and c that the proposed witness has refused or neglected upon request by the applicant to give a responsive statement, either orally or in writing, relating to the witness' knowledge of the matters in question, or that the witness has given conflicting statements. Notice of application 4 The applicant shall serve notice on the proposed witness at least 7 days before the hearing of the application. Subpoena 5 Where a party is entitled to examine a person under this rule, by serving on that person a subpoena in Form 21, the party may require the person to bring to the examination a any document in the person's possession or control relating to the matters in question in the action, without the necessity of identifying the document, and b any physical object in the person's possession or control which the party contemplates tendering at the trial as an exhibit, but the subpoena must identify the object. [am. B.C. Reg. 95/96, s. 12.] Notice of examination 6 The examining party shall give notice of examination of a person under this rule by delivering copies of the subpoena to all parties of record not less than 7 days before the day appointed for the examination. Mode of examination 7 The proposed witness shall be cross-examined by the party who obtained the order, then may be cross-examined by any other party, and then may be further cross-examined by the party who obtained the order. Application of examination for discovery rules 8 Rule 27 (15), (20) and (22) to (26) apply to an examination under this rule. 29 Discovery by Interrogatories Service of and answer to interrogatories 1 A party to an action may serve on any other party, or on a director, officer, partner, agent, employee or external auditor of a party, interrogatories in Form 22 relating to a matter in question in the action, and the person to whom the interrogatories are directed shall, within 21 days, deliver an answer on affidavit to the interrogatories. The party serving the interrogatories shall notify all other parties of record. Where a party is a body of persons 2 Where a party to an action is a body of persons, corporate or unincorporate, empowered to sue or to be sued, in its own name or in the name of an officer or other person, the court may, on the application of any other party, make an order allowing that other party to serve interrogatories on the officer or member of the body specified in the order. Time for service 3 The plaintiff may serve interrogatories after the expiration of time for delivery of the statement of defence of the party to be examined, and the defendant may serve interrogatories after the defendant has delivered a statement of defence. Where more than one person to answer interrogatories 4 Where interrogatories are required to be answered by more than one person who is an officer, director, partner, agent or employee of a party, the interrogatories shall state which of the interrogatories each person is required to answer. Objection to answer interrogatory 5 Where a person objects to answering an interrogatory on the ground of privilege or on the ground that it does not relate to a matter in question in the action, the person may make the objection in an affidavit in answer. Insufficient answer to interrogatory 6 Where a person to whom interrogatories have been directed answers any of them insufficiently, the court may require the person to make a further answer either by affidavit or on oral examination. Application to strike out interrogatory 7 Where a party objects to an interrogatory on the grounds that it is not necessary for disposing fairly of the action or that the costs of answering would be unreasonable, that party may apply to the court to strike out the interrogatory, and the court shall take into account any offer by him or her to make admissions, to produce documents or to give oral discovery. Delivery of interrogatories to solicitor 8 A party may, instead of serving interrogatories under subrule (1) or (2), deliver the interrogatories to the solicitor of the person to whom the interrogatories are directed. Idem 9 Where a solicitor receives interrogatories under subrule (8), the solicitor shall forthwith inform the person to whom the interrogatories are directed. Continuing obligation to answer 10 Where a person who has given an answer to an interrogatory later learns that the answer is inaccurate or incomplete, the person is under a continuing obligation to deliver to the party who served the interrogatory on affidavit deposing to an accurate or complete answer. 30 Physical Examination and Inspection Order for medical examination 1 Where the physical or mental condition of a person is in issue in a proceeding, the court may order that the person submit to examination by a medical practitioner or other qualified person, and if the court makes an order, it may make a an order respecting any expenses connected with the examination, and b an order that the result of the examination be put in writing and that copies be made available to interested parties. Subsequent examinations 2 The court may order a further examination under this rule. Questions by examiner 3 A person who is making an examination under this rule may ask any relevant question concerning the medical condition or history of the person being examined. Order for inspection and preservation of property 4 Where the court considers it necessary or expedient for the purpose of obtaining full information or evidence, it may order the production, inspection and preservation of any property and authorize samples to be taken or observations to be made or experiments to be conducted on or with the property. Entry upon land or buildings 5 For the purpose of enabling an order under this rule to be carried out, the court may authorize a person to enter upon any land or building. Application to persons outside British Columbia 6 Rule 27 (26) applies to examinations and inspections ordered under this rule. 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