221/90 O.C. 1039/90 September 1, 1990 REPEALED BY B.C. REG. 168/2009 Court Rules Act [includes amendments up to B.C. Reg. 165/2009, July 1, 2009] 60A   Repealed. [B.C. Reg. 149/99, s. 10.] 60B   Repealed. [B.C. Reg. 161/98, s. 16.] 60C Family Law Rules — Interlocutory Applications at Designated Registries [en. B.C. Reg. 245/91.] Application of rule 1 This rule applies if proceedings in the Supreme Court under the Divorce Act (Canada) or the Family Relations Act have been commenced at a registry of the Provincial Court that has been designated as a registry of the Supreme Court under section 4 of the Provincial Court Act. Form of application 2 A party to a proceeding referred to in subrule (1) may make an interlocutory application under this rule before a judge of the Provincial Court having jurisdiction under section 4 (3) of the Provincial Court Act by completing an application in Form 116 and filing it at the designated registry where the proceeding was commenced and not by following the provisions of Rule 44. Interlocutory applications 3 Interlocutory applications may be made under this rule for a interim custody, access or maintenance under the Family Relations Act, b interim corollary relief under the Divorce Act (Canada), c interim restraining orders under section 37 (a), 38 (1) (a) or (b) or (5) of the Family Relations Act, d exclusive possession of the matrimonial home under section 124 of the Family Relations Act, or e variation of an order made by a judge of the Provincial Court under this rule. Repealed 4 Repealed. [B.C. Reg. 192/95.] Transfers to other registries 5 Where a a judge of the Provincial Court at a designated registry, or b a judge or master of the Supreme Court is satisfied that, due to urgency or the convenience of the parties, the hearing of an interlocutory application should be transferred to another registry of the Supreme Court, the judge or master may order it to be transferred to the other registry for any or all purposes. No costs or fees payable 6 No costs are payable and no filing fee is chargeable in respect of an application under this rule. [en. B.C. Reg. 161/98, s. 17 (b).] Appeal to Supreme Court 7 A party may appeal a decision of a judge of the Provincial Court that has been made under this rule to a judge of the Supreme Court. Notice of appeal 8 An appeal shall be commenced by filing a notice of appeal in Form 117. Service 9 The person appealing (the appellant) shall serve the notice of appeal on the other party (the respondent). Transcripts required 10 The appellant must obtain a transcript of the hearing that took place before the Provincial Court judge and serve a copy on the respondent. Place of hearing appeal 11 Unless a judge of or a master of the Supreme Court otherwise orders, the appeal shall be heard at the registry of the court that is nearest, by road, to the designated registry where the interlocutory application was heard. Nature of appeal 12 The appeal shall consist of a review of the proceeding before the judge of the Provincial Court and the judge hearing the appeal may make any order that the judge appealed from could have made at the hearing of the interlocutory application from which the appeal has been brought. Application of Rule 49 13 Rule 49 does not apply to an appeal under this rule. 60D Family Law Proceeding — Disclosure [en. B.C. Reg. 149/99, s. 11.] Interpretation 1 In this rule: applicable income documents means, in respect of a person, a a copy of every personal income tax return filed by the person for each of the 3 most recent taxation years, b a copy of every notice of income tax assessment or reassessment issued to the person for each of the 3 most recent taxation years, c if the person is receiving employment insurance benefits, a copy of the 3 most recent employment insurance benefit statements, d if the person is receiving workers' compensation benefits, a copy of the 3 most recent workers' compensation benefit statements, e if the person is receiving social assistance, current documentary evidence of the social assistance that is being received by that person, f if the person owns or has an interest in real property, a copy of the most recent assessment notice issued from an assessment authority for each property, g if the person is an employee, i the most recent statement of earnings indicating the total earnings paid to the person in the year to date, including overtime, or ii if that statement is not provided by the employer, a letter from the person's employer setting out the information referred to in subparagraph (i) and including the person's rate of annual salary or remuneration, h if the person is self employed, the following information for the 3 most recent taxation years: i the financial statements of the person's business or professional practice, other than a partnership; ii a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the person does not deal at arm's length, i if the person is a partner in a partnership, confirmation of the person's income and draw from, and capital in, the partnership for each of its 3 most recent taxation years, j if the person controls a corporation, the following information for the corporation's 3 most recent taxation years: i the financial statements of the corporation and its subsidiaries; ii a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation and every related corporation does not deal at arm's length, and k if the person is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust's 3 most recent financial statements; child support guidelines means, a in reference to an application under the Family Relations Act, the child support guidelines established under the Family Relations Act, or b in reference to an application under the Divorce Act (Canada), the child support guidelines established under the Divorce Act (Canada); Form 89 financial statement means a statement in Form 89; party means a party to a family law proceeding who is claiming, or against whom is claimed, a an order for child support or an order varying an order for child support, b an order for spousal support or an order varying an order for spousal support, c an order for parental support or an order varying an order for parental support, or d relief under Part 5 of the Family Relations Act; social assistance includes a income assistance within the meaning of the BC Benefits (Income Assistance) Act, b a youth allowance within the meaning of the BC Benefits (Youth Works) Act, and c a disability allowance within the meaning of the Disability Benefits Program Act; stepparent means, in relation to a child, a a stepparent of the child within the meaning of section 1 (2) of the Family Relations Act, or b a person who stands in the place of a parent for the child within the meaning of the Divorce Act (Canada); support includes maintenance. Application of this rule 2 This rule applies to a family law proceeding in which an application is made to obtain or to vary an order for child support, for spousal support, for parental support or for relief under Part 5 of the Family Relations Act as follows: a if an application is made to obtain or to vary an order for child support, subrules (1), (3) to (8) and (13) to (38) apply in respect of that application; b if an application is made to obtain or to vary an order for spousal support or parental support, subrules (1), (9), (10), (13) to (15) and (17) to (36) apply in respect of that application; c if an application is made to obtain or to vary an order for relief under Part 5 of the Family Relations Act, subrules (1), (11) to (15), (17) to (33), (34) (a) to (d), (35) and (36) apply in respect of that application. Numbering applicable income documents 2.1 Each page of the applicable income documents that are to be used in court must be numbered sequentially. [en. B.C. Reg. 191/2000, s. 14.] Applications for Child Support Who must provide Part 1 of a Form 89 financial statement 3 Each party who is required under the child support guidelines to provide income information must provide to the other party a Part 1 of a Form 89 financial statement, b the party's applicable income documents, and c any other documents that the party is required to provide under subrules (4) to (6). Who must provide Parts 2 and 3 of a Form 89 financial statement 4 In addition to the documents that a party is obliged to provide under subrule (3) (a) and (b), the party must provide to the other party Parts 2 and 3 of a Form 89 financial statement if a the child support guidelines require the court to consider any or all of the following: i the financial ability of the parties; ii the means of the parties; iii the condition, means, needs and other circumstances of the parties or the child, or b the party who is to pay the child support is a stepparent of the child. If special or extraordinary expenses are claimed 5 A party who makes a claim for special or extraordinary expenses must provide to the other party Part 4 of a Form 89 financial statement in addition to any documents that the party is obliged to provide under subrules (3), (4) and (6). If undue hardship is claimed 6 If a claim for undue hardship is made, a party must provide to the other party the following documents, as applicable, in addition to any documents that the party is obliged to provide under this rule: a the party making that claim must provide Parts 1, 2, 3, 5 and 6 of a Form 89 financial statement along with all applicable income documents; b unless the court otherwise orders, the other party must provide Parts 1, 2, 3 and 6 of a Form 89 financial statement along with all applicable income documents. When party must serve documents 7 Subject to Rule 60E, each party who is obliged to provide documents under subrule (3), (4), (5) or (6) must serve those documents on the other party as follows: a if the party is obliged to provide the documents in respect of a claim made by that party in a pleading or in application materials, within 30 days after serving that pleading or those application materials on the other party; b if the party is obliged to provide the documents in respect of a claim made by the other party in a pleading or in application materials and is served with a notice in Form 91 in accordance with subrule (15), i within 30 days after service if the party resides in Canada or the United States of America, or ii within 60 days after service if the party resides elsewhere; c within such time as the court may order. [am. B.C. Reg. 120/2006, Sch. 1, s. 3.] Agreement instead of documents 8 Parties are deemed to have complied with the requirements of the child support guidelines, and with the requirements of this rule, respecting the provision of documents if a the parties have agreed on the annual income of the party who is to pay the child support and on the amount to be paid for child support, b the parties have signed an agreement in Form 91A, and c the agreement in Form 91A has been filed with the court together with the documents referred to in that Form 91A. Applications for Spousal or Parental Support Who must provide income documents 9 A party must provide to the other party Parts 1, 2 and 3 of a Form 89 financial statement, along with the party's applicable income documents, if a the party is seeking to obtain a spousal or parental support order, b the party is seeking to vary a spousal or parental support order, c a spousal or parental support order is being sought against the party, or d the other party is seeking to vary a spousal or parental support order obtained against the party. When party must serve documents 10 Each party who is obliged to provide documents under subrule (9) must serve those documents on the other party as follows: a if the party is obliged to provide the documents in respect of a claim made by that party in a pleading or in application materials, within 30 days after serving that pleading or those application materials on the other party; b if the party is obliged to provide the documents in respect of a claim made by the other party in a pleading or in application materials and is served with a notice in Form 91 in accordance with subrule (15), i within 30 days after service if the party resides in Canada or the United States of America, or ii within 60 days after service if the party resides elsewhere; c within such time as the court may order. Applications for Division of Assets Who must provide Part 3 of a Form 89 financial statement 11 Each party who is making a claim under Part 5 of the Family Relations Act or against whom such a claim is being made, if not otherwise obliged under this rule to provide any portion of a Form 89 financial statement to the other party, must provide to the other party Part 3 of a Form 89 financial statement. When parties must serve documents 12 Each party who is obliged to provide documents under subrule (11) must serve those documents on the other party as follows: a if the party is obliged to provide the documents in respect of a claim made by that party in a pleading or in application materials, within 30 days after serving that pleading or those application materials on the other party; b if the party is obliged to provide the documents in respect of a claim made by the other party in a pleading or in application materials and is served with a notice in Form 91 in accordance with subrule (15), i within 30 days after service if the party resides in Canada or the United States of America, or ii within 60 days after service if the party resides elsewhere; c within such time as the court may order. Form 89 Financial Statement Assessment notice to be included 13 Part 3 of a Form 89 financial statement must have attached to it or have accompanying it a copy of the notice that is, at the time that the statement is provided to a party under this rule, the most recent assessment notice provided by an assessment authority for any real property that the party owns or has an interest in unless that assessment notice has already been provided. When documents must be filed 14 A party who is obliged under this rule to serve a Form 89 financial statement on any other party must file a copy of that document with the court before the end of the period within which that service must be completed. Notice to File a Form 89 Financial Statement Service of notice to file financial statement 15 Each party who, under this rule, is entitled to receive documents from another party, including a Form 89 financial statement and applicable income documents, must serve on the other party a Notice to File a Form 89 Financial Statement in Form 91 along with the pleading or application materials referred to in subrule (7), (10) or (12), as the case may be. Endorsement of notice 16 If a claim for child support is made in the family law proceeding, the notice referred to in subrule (15) may be endorsed with a statement that if the party receiving the notice does not comply with the applicable requirement under subrule (3), (4), (5) or (6), the requesting party will, for the purposes of determining child support, apply to the court to attribute to the party receiving the notice an annual income in a specified amount. Particulars of Form 89 Financial Statements Particulars may be demanded 17 If a Form 89 financial statement lacks particularity, the other party may demand particulars. Court may order particulars 18 If the party from whom particulars are demanded under subrule (17) fails to provide those particulars within 7 days after receipt of the demand, the court may, on terms it considers appropriate, a order particulars to be delivered within a specified time, or b order that a new Form 89 financial statement be delivered within a specified time. Cross-examination on Form 89 financial statements 19 A party may be cross-examined on his or her Form 89 financial statement at any time before the trial or hearing, and Rules 27 and 40 (27), (29), (31) and (32) apply to the cross-examination. Changes in Financial Circumstances Information must be kept current 20 Whenever a material change in circumstances renders information provided by a party inaccurate or incomplete, the party must, whether the inaccurate or incomplete information is contained in a Form 89 financial statement, in particulars provided under subrule (17) or (18) (a), in the party's applicable income documents or in a statement provided under this subrule, promptly after that change, deliver to the other party a a written statement setting out particulars of the accurate or complete information, or b a revised Form 89 financial statement containing the correct current information. Additional documents 21 If the change in circumstances referred to in subrule (20) is such that the party becomes obliged to provide documents under this rule that are additional to the documents previously provided by that party, the party must a provide those additional documents, and b comply with subrule (20) in relation to the previously provided documents. If written statement or particulars provided 22 If a party provides a written statement under subrule (20) or particulars under subrule (17) or (18) (a), a the statement or particulars may be treated at a trial or hearing as if they formed part of the original Form 89 financial statement of the party, and b the other party may, with leave of the court, require that the statement or particulars be i verified by an affidavit of the party providing the statement or particulars, or ii the subject of further cross-examination. Updated statements 23 A party who has delivered a Form 89 financial statement more than 90 days before the commencement of the trial or hearing must deliver to the other party an updated Form 89 financial statement at least 30 days and not more than 60 days before the commencement of the trial or hearing, but the delivering party may not be cross-examined before the trial or hearing on the updated Form 89 financial statement, unless the court gives leave or the parties agree. Disclosure of Business Interests Production of documents 24 If a party discloses business or corporate interests in a Form 89 financial statement delivered under this rule, the party receiving the statement may, in writing, request the disclosing party to produce for inspection and copying specified documents or classes of documents in the disclosing party's possession or control that might reasonably be required to verify the valuation of the disclosing party's interest or to determine the disclosing party's income. Responding to demand 25 A party receiving a request under subrule (24) must, within 21 days after receipt, deliver a notice to the requesting party stating a a time and place, during normal business hours, at which the documents may be inspected, and b the cost of copying the documents. Request to corporation, partnership or proprietorship 26 If the party who makes a request under subrule (24) is not satisfied with the response to the request, that party may make a written request to the corporation, partnership or proprietorship in which the other party has disclosed an interest, to produce for inspection all documents that are relevant to the valuation of the interest or the determination of the disclosing party's income. Production required 27 A corporation, partnership or proprietorship receiving a request under subrule (26) must, within 21 days after receipt, provide a written statement to the requesting party a detailing the documents, in its possession or control, that it is obliged to produce in response to the request, b identifying those documents, if any, in respect of which the corporation, partnership or proprietorship intends to seek an exemption under subrule (29), c specifying a time and place at which the documents for which an exemption is not being sought may be inspected, and d specifying the cost of copying the documents for which an exemption is not being sought. Application to court for directions 28 A corporation, partnership or proprietorship or either of the parties may apply to the court at any time for directions respecting any request for production of documents under subrule (24) or (26), including directions respecting payment of the costs of copying the documents, and the court may give those directions accordingly. Application to court for exemption 29 A corporation, partnership or proprietorship may, within 21 days after the date a request is served on it under subrule (26), apply to the court for an order exempting it from the requirement to produce any document. Application by person authorized 30 An application under subrule (28) or (29) may be made on behalf of a corporation or partnership by a person who has been authorized by the corporation or partnership for that purpose. Court may order exemption 31 On an exemption application under subrule (29), the court may issue an order exempting the applicant from the requirement to produce all or any of the requested documents if the court considers that a the documents and information already received by the party who made the request under subrule (26) are sufficient for the purposes of the main application, b the production of the documents is not necessary for the purposes of the main application, c in the case of a corporation, the prejudice likely to be caused to the corporation, or to its directors or shareholders, by refusing to exempt the corporation, outweighs the prejudice likely to be caused to the person requesting the documents if the corporation is exempted, or d in the case of a partnership, the prejudice likely to be caused to the partnership, or to its partners or associates, by refusing to exempt the partnership, outweighs the prejudice likely to be caused to the person requesting the documents. Costs 32 The costs of producing documents under subrule (25) or (27) and the costs of an application under subrule (28) or (29) are in the discretion of the court and the court may order that the costs be paid in favour of or against a either of the parties to the proceeding, or b the corporation, the partnership or the owner of the proprietorship, as the case may be. When costs are payable 33 The court may order when any costs awarded under subrule (32) are payable. Enforcement of this Rule Relief 34 If a party fails to comply with a requirement under this rule to file or serve a Form 89 financial statement, particulars if ordered or any applicable income document, or fails to comply with a notice under subrule (15), the court may do any or all of the following: a order that the Form 89 financial statement, particulars or applicable income document, as the case may be, be delivered on terms the court considers appropriate; b dismiss the application or strike out a party's responding document; c proceed under Rule 56 to punish the party for contempt of court; d draw an adverse inference against the party; e attribute income to that party in an amount the court considers appropriate. Confidentiality of Information Confidentiality 35 Any person who has access to documents obtained under this rule must keep the documents and any information contained in them in confidence and must not disclose the documents or information to anyone other than a for the purposes of a valuation of an asset, b for a determination of the disclosing party's income, or c in the course of permitting the documents to be introduced into evidence during the proceeding. Sealing of financial information 36 If the court considers that public disclosure of any information filed in a family law proceeding to which this rule applies would be a hardship on the person in respect of whom the information is filed, a the court may order that the whole or any part of the document in which the information is contained, and the whole or any part of the transcript of the cross-examination on the document, must promptly be sealed in an envelope, and b if an order is made under paragraph (a), no person may search the sealed documents without an order of the court. Conflict with Guidelines Child support guidelines prevail 37 If and to the extent that there is a conflict between any provision of this rule and a provision of the child support guidelines, the provision of the child support guidelines prevails. No conflict 38 For the purposes of subrule (37), it is not a conflict between the child support guidelines and this rule merely because this rule a requires a person to provide information that is different from or additional to the information, if any, that that person would be obliged to provide under the child support guidelines, b requires that certain information required by this rule but not by the child support guidelines be presented in a manner or form that is different from the manner or form in which information required under the child support guidelines is to be presented, or c requires the provision, in one manner or form, of information some or all of which is required under the child support guidelines to be provided in a different manner or form. 60E Family Law Proceeding — Judicial Case Conferences [en. B.C. Reg. 83/2002, Sch. s. 8; am. B.C. Reg. 120/2006, Sch. 1, s. 4 (a).] Judicial case conference required 1 Subject to subrule (2), a party to a family law proceeding commenced after July 1, 2002 must not deliver to another party a notice of motion or affidavit in support of an interlocutory application unless a judicial case conference has been conducted in relation to the proceeding. Exceptions 2 Subrule (1) does not apply to an application made a under section 57 of the Family Relations Act, b under section 67 of the Family Relations Act, c by consent, or d without notice. Court may grant relief 3 On application by a party, a judge or master may relieve a party from the requirements of subrule (1) if a it is premature to require the parties to attend a judicial case conference, b it is impracticable or unfair to require the party to comply with the requirements of subrule (1), c the application referred to in subrule (1) is urgent, d delaying the application referred to in subrule (1) or requiring the party to attend a judicial case conference is or might be dangerous to the health or safety of any person, or e the court considers it appropriate to do so in the circumstances. Application by requisition 4 An application under subrule (3) may be made by requisition, supported by a letter signed by counsel or the party setting out the reasons why the order is sought, and a judge or master may do one or more of the following: a require that further material be provided; b require that the party or counsel appear in person to speak to the application; c make the order without requiring the party or counsel to appear to speak to the application; d refuse to make the order; e make such other order as the judge or master considers appropriate. [en. B.C. Reg. 120/2006, Sch. 1, s. 4 (b).] Judicial case conference may be requested 5 A party to a family law proceeding may request a judicial case conference by filing at the registry a requisition and notice of judicial case conference in Form 145. [en. B.C. Reg. 120/2006, Sch. 1, s. 4 (b).] Time for delivery of notice 6 The party requesting a judicial case conference must serve on each of the other parties of record, at least 30 days before the date set for the judicial case conference, a a requisition and notice of judicial case conference, and b a copy of Parts 1, 2, 3 and 4 of a Form 89 financial statement. [en. B.C. Reg. 120/2006, Sch. 1, s. 4 (b).] Judicial case conference may be directed 7 At any stage of a family law proceeding, a judge or master may direct that a judicial case conference take place and may order a party to serve a requisition and notice of judicial case conference in accordance with subrule (6). [am. B.C. Reg. 120/2006, Sch. 1, s. 4 (c).] Party requesting a judicial case conference must file Form 89 with court 7.1 The party delivering a requisition and notice of judicial case conference in accordance with subrule (6) or (7) must, at least 7 days before the date set for the judicial case conference, file with the court the original of Parts 1, 2, 3 and 4 of a Form 89 financial statement. [en. B.C. Reg. 120/2006, Sch. 1, s. 4 (d).] Other parties must file and serve Form 89 7.2 At least 7 days before the date set for a judicial case conference, a party who has been served with a requisition and notice of judicial case conference in accordance with subrule (6) or (7) must a serve on the party who served that document and on every other party of record a copy of Parts 1, 2, 3 and 4 of a Form 89 financial statement, and b file with the court the original of those Parts 1, 2, 3 and 4 of the Form 89 financial statement. [en. B.C. Reg. 120/2006, Sch. 1, s. 4 (d).] Judicial case conference must be conducted by judge or master 8 A judicial case conference must be conducted by a judge or master. Attendance 9 Unless a judge or master orders otherwise, if a judicial case conference is held, each of the parties of record and their counsel must attend that judicial case conference. Non-attendance at judicial case conference 10 If a party fails to appear at a judicial case conference, the judge or master may a proceed in the absence of the party who failed to appear, b adjourn the judicial case conference, or c order that the party who failed to appear pay costs to the other party. Matters for consideration 11 The purposes for which a judicial case conference is to be held include the following: a identifying the issues that are in dispute and those that are not in dispute; b exploring ways in which the issues in dispute may be resolved other than by way of trial; c ensuring disclosure of the relevant evidence; d setting the date for a settlement conference, if appropriate, and giving directions for the conduct of the settlement conference; e if appropriate, setting a timetable for the steps to be taken in the case before it comes to trial; f considering any other matters that may aid in the resolution of the proceeding. Orders at judicial case conference 12 At a judicial case conference, the judge or master may a make any of the following orders, whether or not on the application of a party: i the pleadings be amended or closed within a fixed time; ii a party deliver a list of documents or a statement in Form 89 within a fixed time; iii interlocutory applications be brought within a fixed time; iv examinations for discovery be conducted within a schedule that the court directs; v setting limitations on discovery procedures; vi experts' reports be exchanged within a schedule that the court directs; vii the parties attend a mini-trial or settlement conference; viii the proceeding be set for trial on a particular date or on a particular trial list, subject to the approval of the Chief Justice, and b make any other order with the consent of the parties. Judge or master may be seized of further applications 13 At a judicial case conference, or at any other time, a judge or master may order that all interlocutory applications in the family law proceeding be heard by that judge or master. Other judges or masters may hear applications 14 A judge or master who has made an order under subrule (13) may at any time direct that any or all interlocutory applications in the family law proceeding may be heard by another judge or master. Repealed 15 Repealed. [B.C. Reg. 120/2006, Sch. 2, s. 2.] Repealed 16 Repealed. [B.C. Reg. 120/2006, Sch. 1, s. 4 (e).] 61 Administration of Estates (Non-contentious) Interpretation and application 1 (a)   Except where a contrary intention appears, the interpretation section of the Estate Administration Act applies to this rule. b This rule applies to non-contentious business defined as the obtaining of a grant of probate or administration where there is no contention as to the right thereto and includes i the obtaining of grants of probate or administration in contentious cases where the contest has been concluded, ii the filing of caveats against the granting of probate or administration, iii the fixing of remuneration and passing of accounts, and iv all non-contentious matters relating to testacy and intestacy, not being proceedings in an action. Application for probate or letters of administration 2 Application for probate or letters of administration may be made in any registry. Idem 3 Subject to subrule (12), the applicant shall deposit with the registrar the original will, if any, and file a requisition and an affidavit of executor or administrator, in Form 69, 70 or 71, and any further affidavits as may be required by these rules. [am. B.C. Reg. 201/2004, s. 1.] Proof of death 4 Where the applicant specifies in the applicant's affidavit the day on which the testator or the intestate died, no further proof of death shall be required by the registrar. If the fact of the death is certain, but the exact date is unknown, the affidavit shall state the date on which the deceased was last seen alive and the date on which his or her body was found. Approval by registrar 5 The registrar may approve the application and mark the documents as approved, but if the registrar refuses to approve the application the registrar shall note on the documents his or her reasons for refusing approval. Hearing of application 6 The applicant may set down the application for hearing by the court at any time after the registrar has approved or refused to approve it. Proof of execution where no attestation clause 7 Where there is no attestation clause to a will or codicil, or if the attestation clause is insufficient, the registrar shall require an affidavit from at least one of the subscribing witnesses, if they or either of them are living, to prove that the requirements of the Wills Act as to execution, were in fact complied with. Affidavit of witness 8 Where, on perusing the affidavit of a subscribing witness, it appears that the requirements of the Wills Act were not or may not have been complied with, the registrar shall refuse to approve the application. Proof where no affidavit of witness 9 Where no affidavit can be obtained from either subscribing witness, an affidavit shall be provided from any other person present at the execution of the will or codicil, but if no affidavit of any person can be obtained, evidence shall be provided on affidavit a of that fact and of the handwriting of the deceased and the subscribing witnesses, and b of any circumstances which may raise a presumption in favour of proper execution. Proof of date of execution 10 Where there is doubt as to the date on which a will was executed, the registrar may require evidence he or she thinks necessary to establish the date, and shall endorse a note of the date on the will. Proof in solemn form 11 Where the circumstances appear to justify the direction, the court may require that proof of the will be made in solemn form. Idem 12 An application for proof of a will in solemn form shall be by petition in Form 3, and Rule 10 applies. Idem 13 On application for proof of a will in solemn form, copies of the petition shall be served on all persons having an interest in upholding or contesting the validity of the will, and the petition shall contain a warning to those persons that they will be bound by the result of the proceeding. Interlineations and alterations 14 When an interlineation or alteration appears in the will, which is not properly executed, or recited in, or otherwise identified by the attestation clause, an affidavit in proof of its existence in the will before execution must be filed, except when the alteration is of small importance and is evidenced by the initials of the attesting witnesses. [am. B.C. Reg. 10/92, s. 10.] Erasures and obliterations 15 An erasure or obliteration shall not prevail unless it is a proved to have existed in the will at the time of its execution, b properly executed and attested, or c rendered valid by the re-execution of the will, or by the subsequent execution of a codicil, but if no satisfactory evidence can be adduced as to the time when the erasure or obliteration was made, and the words erased or obliterated are not entirely effaced, but can be ascertained on inspection, the words must form part of the probate. Affidavit explaining 16 Where words that might have been of importance have been erased or obliterated, the registrar may require an affidavit explaining the circumstances. Document referred to in a will 17 Where a will contains a reference to a document, which is of such nature as to raise a question whether the document ought to form part of the will, the registrar shall require the production of the document to ascertain whether it is entitled to probate, and, if not produced, its non-production must be accounted for. Idem 18 No document can form part of a will unless it was in existence at the time the will was executed. Appearance of the paper 19 Where there is an indication on the testamentary papers leading to the inference that a document has been attached to them, the indication must be satisfactorily explained, or the registrar shall require the document to be produced, and, if not produced, its non-production must be accounted for. Notice to next of kin 20 Where a person applies for letters of administration under section 6 of the Estate Administration Act, the names and kinship of those having a prior right or an equal right to a grant shall be shown, and it shall be shown that each of them has consented or renounced, otherwise the registrar may direct notice to be given in Form 72 to any of them by mail. Limited administrations 21 Unless the court otherwise orders, a limited administration shall not be granted unless every person entitled to a general grant has consented or renounced, or has been cited and has failed to file an appearance. [en. B.C. Reg. 55/93, s. 26 (a).] Idem 22 Unless the court otherwise orders, no person entitled to a general grant of administration of the personal estate and effects of a deceased will be permitted to take a limited grant. Grants to an attorney 23 Where a person entitled to administration resides outside British Columbia, administration, or administration with the will annexed, may be granted to the person or the person's attorney acting under a power of attorney. Grants of administration to guardians 24 With the consent of the Public Guardian and Trustee, a grant of administration may be made to the guardians of an infant for his or her use and benefit. [am. B.C. Reg. 191/2000, s. 3.] Administration bonds 25 Unless the court otherwise orders, the bond to be given upon any grant of administration shall be in Form 73 or Form 74. Affidavit of surety 26 The sureties in an administration bond are required to prove by affidavit that they together have assets equal to the amount of the bond. No registrar shall become surety to any administration bond. Idem 27 In all cases other than those to which section 20 (1) to (4) of the Estate Administration Act applies, unless the court otherwise orders, not less than 2 sureties shall be required to the administration bond, and the bond shall be in an amount as the court may order, and the court may also order that more than one bond shall be given so as to limit the liability of a surety. Time of issuing grant 28 Unless the court otherwise orders, no grant of probate or administration shall issue until after 7 days from the death of the deceased. Delay in application 29 Where probate or administration is applied for more than 3 years after the death of the deceased, a the reason for the delay shall be set out in an affidavit, and b the registrar may require further proof of the alleged cause of delay as the registrar thinks fit. Identity of parties 30 The registrar may require proof, in addition to the affidavit of the executor or administrator, of the identity of the deceased, or of the party applying for a grant. Proof of search for will 31 On every application for administration it must be shown that a search for a will or testamentary paper has been made in all places where the deceased usually kept his or her documents, and the applicant must file a letter from the Director of Vital Statistics showing the results of a search at the director's office for a notice of a will filed by or on behalf of the deceased under the Wills Act. Idem 32 An executor who swears or affirms that the executor is presenting the last will of the deceased, and who files a letter from the Director of Vital Statistics showing the results of a search at the director's office for a notice of a will filed by or on behalf of the deceased, shall not be required by the registrar to prove by affidavit that the executor made a search for a later will. [en. B.C. Reg. 55/93, s. 26 (b).] Renunciations 33 No person, other than an official administrator, who renounces as executor of the will or who renounces the right to apply for administration of the estate of a deceased person in one capacity, shall be appointed the personal representative of the deceased in another capacity. Caveats 34 A person intending to oppose the issue of a grant of probate or administration shall, in any registry of the court, file a caveat in Form 75. Idem 35 The registrar in whose registry a caveat has been filed shall forthwith notify the registrar at Victoria who shall forthwith notify all other registrars in the Province. Contents of caveat 36 The caveator must declare in the caveat the nature of his or her interest in the property of the deceased, and state generally the grounds upon which the caveat is entered. The caveat shall be signed by the caveator, or by the caveator's solicitor, and shall state an address for delivery in accordance with Rule 4. [am. 16B.C. Reg. 165/97, s. 17.] Time caveat in force 37 Subject to subrule (42), a caveat remains in force for 6 months after being filed, unless it is sooner withdrawn by notice filed by the caveator, and then it expires and is of no effect, but by order of the court, it may be renewed from time to time. No grant while caveat in force 38 No grant of administration or probate shall be made while a caveat is in force. Notice to caveator 39 A person intending to apply for probate or administration or claiming an interest in an estate with respect to which a caveat has been filed, may file a notice to caveator in Form 76 in the registry in which the caveat was filed, and shall deliver a copy to the address for delivery set out in the caveat. Contents of notice 40 The notice to caveator shall state the name and interest of the person on whose behalf it is issued and, if that person claims under a will or codicil, shall also state a the date of the will or codicil, and b the person's address for delivery to which Rule 4 (6) applies. [am. B.C. Reg. 165/97, s. 17.] Appearance to notice 41 An appearance to a notice to caveator shall be in Form 7. Effect of failure to appear to notice 42 Where a notice to caveator has been filed and a copy delivered to the caveator and no appearance has been filed within the time stated in the notice, the registrar shall cancel the caveat and notify the registrar at Victoria. Citation to accept executorship 43 Where an executor fails to apply for the probate of a will, any person interested may cite the executor to accept or refuse probate of the will, or to show cause why administration should not be granted to the executor or to some other person having a prior right who is willing to accept the grant, but no citation shall issue until 14 days after the testator's death. Form of citation and answer 44 The citation shall be in Form 77 and an answer in Form 78. Citation to propound an alleged will 45 (a)   Where there is or may be a document that may be alleged to be a will of a deceased person, a citation to propound the document as a will may be issued by any person interested. b The citation must i be in Form 79, ii be supported by affidavit, and iii be directed to the executor and any other person named in the document. c An answer shall be in Form 80. Citation to bring in a will 46 (a) Where a testamentary document may be in the possession or control of a person, a citation may be issued to the person calling on the person to deposit with the registrar any testamentary document in the person's possession or control, or to state under oath that no testamentary document is in the person's possession or control. b The citation shall be in Form 81 and shall be supported by affidavit. c Where it is shown by affidavit, to the satisfaction of the registrar, that a person has knowledge of a will or other document or any asset relating to or belonging to an estate, the registrar may issue a subpoena in Form 82 for service on that person. Filing and service of citations and answers 47 A citation shall be served personally, and Rules 11, 12 and 13 apply. An answer shall be filed and delivered. Foreign grants 48 If probate or administration has been granted by a court of competent jurisdiction outside British Columbia and the grant cannot be resealed under the provisions of the Probate Recognition Act, a a grant of administration, limited to the estate of the deceased in British Columbia, may be made to the attorney of the personal representative appointed by the foreign court, or b an ancillary grant of probate or administration may be made to the personal representative appointed by the foreign court. Foreign wills 49 A copy of a foreign will to be annexed to a grant of administration must be certified by the court out of which probate or administration has been granted. Application to reseal grant 50 An application to reseal a grant of probate or letters of administration under the Probate Recognition Act may be made in any registry by the personal representative or the representative's attorney. Idem 51 The applicant for resealing shall file the grant of probate or letters of administration, or a copy certified by the issuing court. Affidavit on resealing 52 An application for resealing must be accompanied by an affidavit of the executor, administrator or attorney, in Form 83. Domicile of deceased on resealing 53 (a)   If the domicile of the deceased at the time of death as sworn to in the affidavit differs from that suggested by the description in a foreign grant, the registrar may require further evidence as to domicile. b If the registrar is satisfied that the deceased was not at the time of death domiciled within the jurisdiction of the court from which the foreign grant issued, the registrar shall mark the application accordingly. Application of other rules on resealing 54 Subrules (5) and (6) apply to an application for resealing. Grant to be resealed 55 No grant of probate or administration or certified copy shall be resealed unless it includes a copy of any testamentary paper admitted to probate. Notice of resealing 56 Notice of a resealing of a grant shall be sent to the court from which the grant issued. Idem 57 Where the registrar has notice of the resealing of a British Columbia grant, the registrar shall give notice of the revocation of or any alteration in the grant to the court which resealed it. Remuneration and passing of accounts 58 An application to the court for passing of accounts and remuneration shall be made without notice by notice of motion supported by an affidavit in Form 84. [am. B.C. Reg. 191/2000, s. 15.] Idem 59 On the application, the court shall give all necessary directions and may refer the matter to the registrar under Rule 32. Affidavit required for passing of accounts and remuneration 60 As part of an application for the passing of accounts and remuneration under subrule (58), the applicant must file an affidavit, in Form 136A, a describing the assets and liabilities of the estate for which the statement is prepared as at the later of i the date of the deceased's death, and ii the effective date of the most recent of any previous accounting done under this rule, b describing capital transactions since the applicable date referred to in paragraph (a), including expenses related to and necessary for the maintenance of capital assets, c describing income transactions, other than transactions included under paragraph (b), since the applicable date referred to in paragraph (a), including the payment of any liabilities of the estate, d describing the assets and liabilities of the estate as at the effective date of the statement of account, e including a calculation of the remuneration, if any, claimed by the applicant for i the applicant, and ii any previous trustee for whom a claim for remuneration has not yet been made, f describing all distributions made or anticipated to be made out of the estate, and g including, in any other schedules, details or information the court may require or the applicant may consider relevant. [en. B.C. Reg. 136/2005, s. 8.] 62 Administration of Estates (Contentious) Interpretation 1 In this rule, probate action means an action for the grant of probate of the will of, or letters of administration of the estate of, a deceased person, or for the revocation of a grant or for an order pronouncing for or against the validity of an alleged testamentary paper, but does not include a proceeding governed by Rule 61. Dispute as to the validity of a testamentary paper 2 In an action where the validity of a testamentary paper is questioned, all persons having an interest in upholding or disputing its validity shall be joined as defendants. Commencement of action 3 A probate action shall be commenced by writ of summons, and the endorsement on the writ, or the statement of claim if it is set out in the writ, shall contain a statement of the interest of the plaintiff and of each defendant in the estate of the deceased. Parties 4 Each person who is entitled or claims to be entitled to administer the estate of a deceased person under or by virtue of an unrevoked grant of probate or letters or administration must be made a party to any action for revocation of the grant, and by leave of the court, a person interested in the estate, but not named as a defendant, may enter an appearance and defend the action as though the person were a defendant. Action for revocation of grant 5 In an action for the revocation of a grant of probate or administration, a if the action is commenced by a person to whom the grant was made, the person shall lodge the grant with the registrar within 7 days after the issue of the writ, or b if a defendant to the action has the grant in his or her possession or under his or her control, the defendant shall lodge it with the registrar within 7 days after the service of the writ upon him or her, and the person to whom the grant was issued shall not act under it without leave of the registrar. Failure to lodge grant on action for revocation 6 Where a person fails to comply with subrule (5), the registrar may issue a citation in Form 85 calling on the person to bring the grant into the registrar's office, and a person against whom the citation is issued shall not take any step in the action without leave of the court until the person has complied with the citation. Failure to enter appearance 7 Rule 17 does not apply to a probate action, and if a defendant fails to enter an appearance within the time allowed, the plaintiff may proceed with the action on serving a statement of claim. Counterclaim 8 A defendant to a probate action who alleges that he or she has a claim or is entitled to relief in respect of a matter relating to the grant of probate or letters of administration shall deliver a counterclaim in respect of that claim or relief. [am. B.C. Reg. 95/96, s. 23.] Failure to serve statement of claim 9 Where the plaintiff fails to serve a statement of claim, a defendant may, with the leave of the court, deliver a counterclaim, and the action shall then proceed as if the defendant were the plaintiff. Defence limited to proof in solemn form 10 In a probate action, a statement of defence may state that the defendant merely requires that the will be proved in solemn form, and that the defendant only intends to cross-examine the witnesses produced in support of the will, and in that event the defendant is not liable for costs, unless the court determines that there was no reasonable ground for requiring proof in solemn form. Certain rules not to apply 11 Rules 25 (1), (2), (3), (12), (13) and 36 do not apply to a probate action. Order for discontinuance or dismissal 12 At any stage of a probate action the court may order the action to be discontinued or dismissed, and may order that a grant of probate or administration be made to the person entitled. Compromise 13 No probate action shall be compromised without leave of the court. 63 Crown Practice Rules in Civil Matters Originating application 1 Applications for relief in the nature of mandamus, prohibition, certiorari or habeas corpus are governed by these rules and must be commenced by petition under Rule 10. Writs abolished 2 No writ of mandamus, prohibition, certiorari or habeas corpus shall be issued, but all necessary directions shall be made by order. Person affected may take part in proceeding 3 The court may order that a person who may be affected by a proceeding for an order in the nature of mandamus may take part in the proceeding to the same extent as if served with the petition. 64 Miscellaneous Copy of document filed in registry 1 Unless otherwise provided by an enactment, a person may, on payment of the proper fees, obtain from the registry a copy of a document on file in a proceeding. Repealed 1.1 Repealed. [B.C. Reg. 267/98, s. 3.] When registry open 2 Except on Saturdays, holidays and those days that are prescribed by the Lieutenant Governor in Council as holidays for the Public Service of the Province, the registry shall be kept open to the public for the transaction of business from 9 a.m. until 4 p.m. Hours of registrar 3 The hours of attendance by the registrar and the registry staff are from 8:30 a.m. until 4:30 p.m. Lunch hours 4 Where a registry has insufficient staff to allow continuous staff attendance at the lunch hour, the Chief Justice may, in writing, authorize that registry to close. Use of seal 5 In each registry the seal, directed by the rules, shall be used and shall be stamped on every writ and other document requiring a seal, issued out of or filed in that registry. Name of registry 6 The name of the registry shall be written or stamped on the face of every document issued from or filed or recorded in a registry. Signature of registrar 7 Where the signature or endorsement of the registrar is required on a document, the document shall be deemed to have been signed or endorsed by the registrar if the document is signed or endorsed by a person appointed for that purpose by the registrar, district registrar or deputy district registrar. [en. B.C. Reg. 143/94, s. 15.] Business not to be done out of office hours 8 No writ or process shall be issued from and no proceedings shall be taken in the registry out of office hours, but in case of urgency, the court may order that a registry be opened for the purpose of commencing a proceeding or for some other good reason. Request to registry by requisition 9 If a person wishes the registry to perform some act under these rules, a the person must make the request, i if the request is made under Rule 41 (16), (16.1) or (16.3), by requisition in Form 56, or ii in any other case, by requisition in Form 2, and b the registry may discard the requisition after the required act has been done. [en. B.C. Reg. 161/98, s. 18; am. B.C. Reg. 201/2004, s. 1.] Incapacity of judge before judgment given 10 Where an application ought to be made to, or any jurisdiction exercised by, the judge by whom a proceeding has been tried or partly tried, or heard or partly heard, then if that judge dies or ceases to be a judge of the court during or after the trial or hearing, or if for any other reason it is impossible or inconvenient for that judge to act in the proceeding, the Chief Justice or next senior judge of the court may either by a special or by a general order nominate some other judge to whom the application may be made or by whom the jurisdiction may be exercised. Idem 11 Without restricting the generality of the foregoing, that other judge may order that the proceeding be restored to the proper registry for retrial or rehearing, and, in case the original trial or hearing was upon evidence given orally, may direct that the retrial or rehearing shall be upon an official transcript of that evidence, or upon such transcript and evidence given orally and evidence given by affidavit, or upon new evidence, or otherwise, as in his or her opinion the circumstances of the case require, and may dispose of the costs of the original trial or hearing and of the costs of furnishing any copies of the transcript of the evidence, or may refer the question of costs to the judge presiding at the retrial or rehearing. [am. B.C. Reg. 165/97, s. 18.] Idem 12 No directions for a retrial or rehearing which include a direction for the use of the transcript of the evidence shall limit or restrict the power of the judge presiding at the retrial or rehearing to permit in his or her discretion the recalling of any witness called at the original trial or hearing, or to receive other or additional evidence. Transfers 13 At any time after a proceeding is commenced, the court may on application order it to be transferred from the registry in which it was commenced to any other registry of the court for any or all purposes. 65   Repealed. [B.C. Reg. 367/2000, Sch. s. 7.] 66 Fast Track Litigation [en. B.C. Reg. 161/98, s. 20.] Object 1 The object of this rule is to provide a speedier and less expensive determination of certain actions the trial of which can be completed within 2 days. Repealed 2 Repealed. [B.C. Reg. 83/2002, s. (a) (ii).] Exclusions from Rule 66 3 This rule does not apply to family law proceedings. This rule prevails in event of conflict 4 In the event of a conflict between this rule and another rule, this rule applies. Court may dispense with this rule 5 The court may dispense with compliance with the whole or any part of this rule if the court considers it just and convenient to do so. Election to use fast track 6 Subject to subrule (3), this rule applies to an action if an endorsement in Form 137 is added or attached to the statement of claim or a statement of defence filed in the action. [am. B.C. Reg. 198/2003, s. 9 (a).] Repealed 7 Repealed. [B.C. Reg. 198/2003, s. 9 (b).] When rule ceases to apply 8 This rule ceases to apply to an action if a the parties to the action file a consent order to that effect, b the court, on its own motion or on the application of any party, so orders, or c none of the parties to the action applies for a trial date within 4 months after the date on which this rule becomes applicable to the action. Considerations of court 9 In exercising its discretion under subrule (8) (b), the court must take into account a the likelihood that a trial of the action will occupy more than 2 days, and b whether it is reasonable in the circumstances to continue the action under this rule. Style of proceeding for fast track proceeding 10 The style of a proceeding must include the words "Subject to Rule 66" immediately below the listed parties. List of documents 11 Each party must deliver, in accordance with subrule (12), 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, enumerating the documents in a convenient order with a short description of the documents. [am. B.C. Reg. 201/2004, s. 10.] Delivery of list of documents 12 A party (the "delivering party") must deliver the list of documents referred to in subrule (11) to all other parties of record, a if the delivering party added or attached an endorsement in Form 137 to a pleading, with that pleading, b if the delivering party is a plaintiff to whom the defendant has delivered a statement of defence to which an endorsement in Form 137 has been added or attached, within 14 days after delivery of the statement of defence, or c if the delivering party is a defendant to whom the plaintiff has delivered a statement of claim to which an endorsement in Form 137 has been added or attached, within the time limited for filing the statement of defence. d) and (e Repealed. [B.C. Reg. 198/2003, s. 9 (c).] [en. B.C. Reg. 191/2000, s. 17; am. B.C. Reg. 198/2003, s. 9 (c).] Duration of examinations for discovery 13 Subject to subrule (14), an examination for discovery must not exceed 2 hours in duration unless the parties otherwise consent. Extension of time for examinations for discovery 14 On the application of a party made before or after the examination for discovery permitted under this rule, the court may extend the time allowed for the examination for discovery. Considerations of court 15 In exercising its discretion under subrule (14), the court must take into account a the issues identified in the pleadings, b the number and nature of the documents disclosed by the parties, c the subject areas to be canvassed, d the parties' estimates of the time that will be required to complete the examination, and e any other circumstances relevant to the fair resolution of the dispute on its merits. Applicant not obliged to reveal questions 16 An applicant under subrule (14) need not reveal, on that application, any questions to be asked of the witness. Date for completion of examinations for discovery 17 Unless the court otherwise orders or the parties to the examination consent, an examination for discovery must be completed at least 14 days before the date assigned for the trial. No interrogatories 18 Unless the court otherwise orders, no party is obliged to answer interrogatories. Trial without jury 19 A trial must be heard by the court without a jury. Trial date within 4 months 20 Subject to subrule (21), if a party to the action applies for a trial date within 4 months after the date on which this rule becomes applicable to the action, the registrar must set a date for the trial that is not later than 4 months after the application for the trial date. Chief Justice may alter time to trial 21 The Chief Justice may, by practice direction, extend or reduce the time limit within which the registrar must set a trial date under subrule (20). Trial agenda 22 The parties must file a trial agenda in Form 139 a at least 2 clear days before trial, or, b if the action is brought in a registry in which there is a calling of trial lists, on the day preceding the calling of the list. What trial agenda must contain 23 The trial agenda must contain an estimate of the time required for each of the following: a the opening statement by each party; b the examination in chief of each expected witness; c the cross-examination of each expected witness; d the final submission by each party; e any other matter that may affect the length of the trial. Trial record 24 The trial record must be filed at the same time as the trial agenda. Confirmation of estimates 25 At the commencement of a trial, the court may consult with the parties to a verify the time estimates contained in the trial agenda, and b determine the time that will be allowed for the items listed in subrule (23) (a) to (e). Parties may be confined to time estimates 26 The court may limit the parties to the time limits verified or determined under subrule (25), or may extend or shorten the time limits. Considerations of the court 27 In exercising its discretion under subrule (26), the court must take into account a the object of this rule, and b any other circumstances relevant to the fair resolution of the dispute on its merits. Trial may be adjourned 28 If, as a result of the consultation referred to in subrule (25), the court considers that the trial will likely require more than 2 days, the judge who engaged in that consultation a may adjourn the trial to a date to be fixed as if the action were not subject to this rule, and b is not seized of the action. Costs 29 Unless the court orders otherwise or the parties consent, and subject to Rule 57 (10), the amount of costs, exclusive of disbursements, to which a party is entitled is as follows: a if the time spent on the hearing of the trial is one day or less, $5 000; b if the time spent on the hearing of the trial is more than one day, $6 600. [am. B.C. Reg. 193/2007, s.10 (a) and (b).] Court may consider settlement offers 29.1 In exercising its discretion under subrule (29), the court may consider a settlement offer delivered in accordance with Rule 37, 37A or 37B whether or not other special circumstances exist. [en. B.C. Reg. 198/2003, s. 9 (d); am. B.C. Reg. 165/2009, s. 3.] Tax on costs 29.2 If tax is payable by a party in respect of legal services, an additional amount to compensate for that tax must be added to the amount of costs to which the party is entitled under subrule (29), which additional amount must be determined by multiplying the amount of costs to which the party is entitled under subrule (29) by the percentage rate of the tax. [en. B.C. Reg. 120/2006, Sch. 1, s. 5.] Repealed 30 Repealed. [B.C. Reg. 83/2002, s. (a) (ii).] 67 Fax Filing Pilot Project Rule [en. B.C. Reg. 198/2003, s. 10.] Application of Rule 67 1 This rule applies only to those proceedings that are filed at the Chilliwack, Cranbrook, Dawson Creek, Kamloops, Kelowna, Nelson, Penticton, Prince George, Rossland, Salmon Arm, Smithers, Terrace, Vernon or Williams Lake registry of the court. Document may be submitted for filing by fax 2 Subject to this rule, a person wishing to file a document with the court may transmit that document by fax to the applicable court registry. Means of transmission 3 A document may be transmitted by fax to a registry for filing if a the document is transmitted to the appropriate registry at the fax number designated for that registry by a practice direction of the Chief Justice, b the document is i sent under cover of a fax cover sheet in Form 140, and ii accompanied by payment of the applicable filing fees, and c the document is not one referred to in subrule (4). Application of this rule 4 The following documents may not be transmitted by fax to the registry for filing: a any document pertaining to the following: i probate; ii adoption; iii setting down an application under Rule 51A; iv reciprocal enforcement of orders under the Court Order Enforcement Act; b any of the following documents: i a certified copy of any document being filed for enforcement purposes; ii a chambers record; iii a trial record; iv a proof of marriage from a foreign jurisdiction; v a certificate of judgment; vi a certificate of pending litigation; vii a Form 89 Financial Statement; viii an affidavit of service submitted for filing in support of a default order; c any of the following documents, unless their submission by fax is authorized by the Trial Coordinator of the receiving registry: i a trial certificate; ii a notice of trial; iii an application for a trial date; iv a request for trial date; v a request for pre-trial conference date; vi a requisition to reset a hearing or trial; vii a requisition requesting a judicial case conference; d a document that, with the fax cover sheet, exceeds 20 pages in length, unless its submission by fax is authorized by the registrar. [am. B.C. Reg. 201/2004, s. 1.] When a document is filed 5 A document that is transmitted by fax to a registry for filing in accordance with subrule (3) and that is approved for filing by the registrar is filed as follows: a the document is filed on the day of its receipt if any of the document, other than the fax cover sheet, is received at the fax machine of the registry on or before 4 p.m. on a day on which the registry is open for business; b the document is filed on the next day on which the registry is open for business in any other case. Confirmation of filing 6 After a document is received at the fax machine of the registry, the registrar must, a if the document was transmitted for filing in accordance with subrule (3) and was approved for filing by the registrar, provide to the person identified as the submitting party on the fax cover sheet i confirmation of the fees paid, and ii the first page of the filed document, bearing the registry stamp and file number, or b if the document was not transmitted for filing in accordance with subrule (3), or was not approved for filing by the registrar, provide to the person identified as the submitting party on the fax cover sheet i a notice that the document has not been filed and the reasons for non-acceptance, and ii the first page of the document. Confirmation of filing 7 For the purposes of subrule (6), the registrar may provide the records referred to in that subrule to the person identified as the submitting party on the fax cover sheet a by transmitting those records by fax to the fax number shown on the fax cover sheet as the fax number for the submitting party, or b in any other manner the registrar considers appropriate. When faxed record is an original 8 A document that has been filed under this rule is deemed, for the purposes of these rules, other than subrule (9) of this rule, to be the original of the document. Original of document may be required by court 9 Despite subrule (8), the court may require that the original of a document that has been filed under this rule be produced. Duration of rule 10 This rule is repealed on July 2, 2010. [am. B.C. Regs. 201/2004, s. 11; 136/2005, s. 9; 120/2006, Sch. 1, s. 6;
193/2007, s. 11; 130/2008, s. 3; 165/2009, s. 4.] 68 Expedited Litigation Project Rule [en. B.C. Reg. 177/2005, s. 1.] Application Definition 1 In this rule, expedited action means an action to which this rule applies under subrule (2) or (3). Actions to which this rule applies 2 Subject to subrule (5), this rule applies to an action commenced in the Vancouver, Victoria, Prince George or Nelson registry after September 1, 2005, and to every action commenced in any registry after January 1, 2008, if a the only claims in the action are for one or more of the following: i money; ii real property; iii personal property, and b the total of the following amounts is $100 000 or less, exclusive of interest and costs: i the amount of any money claimed in the action by the plaintiff for pecuniary loss; ii the amount of any money to be claimed in the action by the plaintiff for non-pecuniary loss; iii the fair market value, as at the date the action is commenced, of all real property, all interests in real property, all personal property and all interests in personal property claimed in the action by the plaintiff. [am. B.C. Reg. 333/2007, s. 1 (a).] Actions to which this rule may apply 3 Subject to subrule (5), this rule applies to any action not referred to in subrule (2) if the parties to the action consent. No maximum recovery 4 Nothing in this rule prevents a court from awarding damages to a plaintiff in an expedited action for an amount in excess of $100 000. Actions to which this rule does not apply 5 This rule does not apply to the following actions: a a family law proceeding; b a class proceeding within the meaning of the Class Proceedings Act. This rule prevails in event of a conflict 6 The rules that apply to actions apply to an expedited action except that, in the event of a conflict between this rule and another rule, as those rules relate to an expedited action, this rule applies. When rule ceases to apply 7 This rule ceases to apply to an action if the court, on its own motion or on the application of any party, so orders. Style of proceeding for expedited actions 8 The style of proceeding for an expedited action must include the words "Subject to Rule 68" immediately below the listed parties. When style of proceeding must be amended 9 If an action becomes an expedited action after one or more pleadings in the action have been filed, the style of proceeding for all subsequent pleadings in the action must include the words "Subject to Rule 68" immediately below the listed parties. Limitation on interlocutory applications 10 Subject to subrule (11), a party to an expedited action must not deliver to another party a notice of motion or affidavit in support of an interlocutory application unless a case management conference or a trial management conference has been conducted in relation to the action. Exceptions 11 Subrule (10) does not apply to an application made a for an order under subrule (7) that this rule cease to apply to the action, b to obtain leave to bring an application referred to in subrule (12), c under Rule 18 or 19 (24), d to add, remove or substitute a party, or e by consent. Court may grant relief 12 On application by a party, a judge or master may relieve a party from the requirements of subrule (10) if a it is impracticable or unfair to require the party to comply with the requirements of subrule (10), or b the application referred to in subrule (10) is urgent. Proportionality 13 In considering any application under this rule, the court must consider what is reasonable in relation to the amount at issue in the action. Trial without jury 14 A trial in an expedited action must be heard by the court without a jury. Document Disclosure Limitations on discovery of documents 15 Rule 26 (1) to (10) and (12) to (15) does not apply to an expedited action. [am. B.C. Reg. 333/2007, s. 1 (b).] Disclosure of documents 16 Within 15 days after the close of pleadings or within 15 days after the action becomes an expedited action, whichever is later, each party must a prepare and deliver to every other party a list of i all documents referred to in the party's pleading, ii all documents to which the party intends to refer at trial, and iii all documents in the party's control that could be used by any party at trial to prove or disprove a material fact, and b deliver to every other party a copy of each of the listed documents. Continuing obligation to provide list 17 If a party who has provided a list or revised list of documents later learns that the list is inaccurate or incomplete, the party is under a continuing obligation to a add to the list any documents or class of documents that must be added to provide an accurate and complete list of the documents of which disclosure is required under subrule (16)  (a), b deliver to the other parties the revised list along with copies of the newly listed documents, and c make the originals of the newly listed documents available for inspection in accordance with subrule (18). Inspection of documents 18 A party who has prepared or revised a list of documents under subrule (16) or (17) must, on request, make the originals of the listed documents available for inspection at the address for delivery of that party or at such other location as that party and the party requesting inspection may agree. Party may request additional documents 19 If a party who has received a list of documents under subrule (16) or a revised list of documents under subrule (17) believes that the list omits documents or a class of documents that should have been disclosed under those subrules, the party may, by written demand, require the party who prepared the list to a add to the list the documents or class of documents referred to in the demand, b deliver to the demanding party the revised list along with the newly listed documents, and c make the originals of the newly listed documents available for inspection in accordance with subrule (18). Application for production of documents 20 Subject to subrule (10), if a party who receives a demand under subrule (19) does not fully comply with it, the party making the demand may apply for an order requiring the party who received the demand to comply with it. Court may order production of documents 21 Subject to subrules (13) and (22), on an application under subrule (20) in relation to a list or revised list of documents, the court may order the party who prepared the list to a add to the list any documents or class of documents that the court considers should have been disclosed under subrule (16), b provide to the other parties the revised list along with copies of the newly listed documents, and c make the originals of the newly listed documents available for inspection in accordance with subrule (18). Considerations of court 22 Without limiting subrule (13), in considering an application under subrule (20), the court must consider the difficulty or cost of finding and producing the documents. Process for Discovery Limitations on discovery 23 Rules 28 and 29 do not apply to an expedited action. Rule 27 may not apply 24 Rule 27 does not apply to an expedited action unless an examination for discovery is allowed under subrule (27). Limited application of Rule 27 25 If an examination for discovery is allowed under subrule (27), Rule 27, other than Rule 27 (20), (21) and (23), applies to that examination for discovery. Conflict 26 In the event of a conflict between Rule 27, as it applies under subrule (25), and subrules (28) to (30) of this rule, subrules (28) to (30) of this rule prevail. No examination without leave or consent 27 Unless the parties to the action consent or the court otherwise orders, no party to an expedited action may conduct examinations for discovery. Duration of examinations for discovery 28 An examination for discovery allowed under subrule (27) must not exceed 2 hours in duration unless the parties otherwise consent. Extension of time for examinations for discovery 29 On the application of a party made after an examination for discovery permitted under this rule, the court may extend the time allowed for the examination for discovery for a further period that is not greater than a 2 hours, or b any greater period to which the parties consent. Considerations of court 30 Without limiting subrule (13), in exercising its discretion under subrule (27) or (29), the court must take into account a the issues identified in the pleadings, b the number and nature of the documents disclosed by the parties, b.1 the completeness of any summary of evidence provided in accordance with subrule (31) (b) or (31.1), c the subject areas to be canvassed, d the parties' estimates of the time that will be required to complete the examination, e the total amount of the plaintiffs' claims, and f any other circumstances relevant to the fair resolution of the dispute on its merits. [am. B.C. Reg. 333/2007, s. 1 (c).] Witnesses Witnesses 31 Within 90 days after the close of pleadings or within 90 days after the action becomes an expedited action, whichever is later, each party to an expedited action must deliver to each other party a a list, in Form 141, of the witnesses that the party delivering the list proposes to call at the trial of the expedited action, which list must i include the party delivering the list, if that party intends to give evidence at trial, and ii exclude any expert witnesses referred to in subrule (33), and b for each of the witnesses included in the list, a written summary of the evidence that the party believes that witness will give at trial. [am. B.C. Reg. 333/2007, s. 1 (d).] Continuing obligation to provide summary 31.1 If a party who has provided a summary of evidence or an amended summary of evidence later learns that the summary is inaccurate or incomplete, the party must promptly amend the summary of evidence to make it accurate and complete. [en. B.C. Reg. 333/2007, s. 1 (e).] Requirements for evidence summary 31.2 A summary of evidence provided for a witness in accordance with subrule (31) (b) or (31.1) must include a the name and address of the witness, b a brief point-form summary of the evidence expected to be provided by the witness, and c the identity and nature of any document, not yet disclosed, that the witness expects to refer to at trial. [en. B.C. Reg. 333/2007, s. 1 (e).] Effect of failure to disclose 32 Unless the court orders otherwise, at the trial of an expedited action, a party may not call a person as a witness unless a the witness' name has been disclosed in accordance with subrule (31) (a), and b a summary of that witness' evidence has been provided in accordance with subrule (31) (b) and, if applicable, subrule (31.1). [am. B.C. Reg. 333/2007, s. 1 (f).] Limitations on evidence 32.1 Unless the court otherwise orders, at the trial of an expedited action, a party may not lead evidence from a witness called in accordance with subrule (32) unless that evidence is reflected in the summary of evidence provided for that witness in accordance with subrule (31) (b) and, if applicable, subrule (31.1). [en. B.C. Reg. 333/2007, s. 1 (e).] Experts 33 Unless the court orders otherwise, a party to an expedited action is entitled, under Rule 40A, to tender the written statement of, or to call to give oral opinion evidence, not more than a one expert of the party's choosing, and b if the expert referred to in paragraph (a) does not have the expertise necessary to respond to the other party's expert, one expert to provide the required response. Case Management Conferences Case management conference may be requested 34 Subject to subrule (35), a party to an expedited action may request a case management conference by filing a requisition in Form 142 at the registry and by delivering a copy of that requisition to every other party at least 7 days before the date set for that conference. When case management conference may be requested 35 A party must not file a requisition under subrule (34) until after a the expiry of the time limited for the preparation and delivery of a list of documents under subrule (16), and b the party has complied with i subrules (16) and (18), and ii any orders made under subrule (21). Requisition need not be supported by affidavits 36 If a requisition provided under subrule (34) discloses that an order will be requested at the case management conference, the request need not be supported by an affidavit. Case management conference may be directed 37 At any stage of an expedited action, a judge or master may direct that a case management conference take place and may direct that a party file and deliver a requisition in Form 142 to every other party in accordance with subrule (34). Attendance 38 Unless a judge or master orders otherwise, if a case management conference is held, the following persons must attend for each party and must bring or cause to be brought to the case management conference all of the documents referred to in the most current list of documents delivered by the party under subrule (16) or (17): a the solicitor for the party, if the party is represented by a solicitor; b if the party is an individual, that individual or a person who has full authority to make decisions for that individual; c if the party is not an individual, a person who has i full authority to make decisions for that party concerning the action, or ii access to a person who has, or to a group of persons who collectively have, such authority. Non-attendance at case management conference 39 If a party or any person required to appear on behalf of a party under subrule (38) fails to appear at a case management conference in relation to which a requisition has been delivered under subrule (34) or (37), the judge or master may do one or more of the following: a proceed in the absence of that party or person who failed to appear; b adjourn the case management conference; c order that that party pay costs to the other party. Case management conference may be conducted by judge or master 40 A case management conference may be conducted by a judge or master. Matters for consideration 41 Subject to subrule (49), at a case management conference in relation to an expedited action, the court may consider the following, and may, on application or on its own motion, make orders respecting one or more of the following: a the issues that are in dispute and those that are not in dispute; b ways in which the issues in dispute may be resolved other than by way of trial, including, without limitation, under Rule 18A; c striking pleadings; d pleadings be amended or closed within a fixed time; e discovery, production, exchange or examination of documents or exhibits; f discovery and examination of parties, including that examinations for discovery be conducted in accordance with the terms and conditions, and within a schedule, that the court directs; g all procedures for discovery be conducted in accordance with a schedule that the court directs; h a timetable for the steps to be taken in the case before it comes to trial; i the parties attend a mini-trial, settlement conference or mediation and giving directions for the conduct of the mini-trial, settlement conference or mediation; j requiring that the evidence on any one or more issues be given by one jointly-instructed expert only; k allowing one or more of the parties to call 2 or more experts; l requiring a statement of agreed facts to be filed within a fixed time or by a specified date; m authorizing the bringing of interlocutory applications within a fixed time or by a specified date; n establishing a period within which any step in the action must be completed; o fixing one or both of the date and the length of trial; p trial preparation; q adjourning the trial; r settlement of the action or of issues; s any other matter that may assist in making the trial more efficient; t any other matters that may aid in the resolution of the proceeding. Application materials 42 Without limiting any other power a judge or master may have under subrule (41), a judge or master conducting a case management conference may do any or all of the following: a make orders on the basis of oral submissions only; b require written materials in relation to any application or matter; c direct that an application be brought in chambers with affidavit evidence or otherwise; d give directions respecting the bringing of any chambers application; e endorse a requisition referred to in subrule (34) or (37) with the order made; f give directions as to the preparation and entry of any order made; g give any other directions that he or she thinks just or necessary. Joint experts 43 If the court gives a direction under subrule (41) (j) for a jointly-instructed expert to be used a the parties must agree on who should be the expert, or, if the parties are unable to agree, the court may i select the expert from a list prepared or identified by the parties, or ii direct that the expert be selected in any other manner the court may direct, b each party may give instructions to the expert, c a party who gives instructions to the expert must, at the same time, send a copy of the instructions to the other parties, d the court may give directions about i the payment of the expert's fees and expenses, and ii any inspection, examination or experiments which the expert wishes to carry out, e the court may, before an expert is instructed i limit the amount that can be paid by way of fees and expenses to the expert, and ii direct that the instructing parties pay that amount into court, and f unless the court otherwise orders, the instructing parties are jointly and severally liable for the payment of the expert's fees and expenses. Form of order 44 Orders made at a case management conference may be in Form 143 and, if endorsed by the master or judge at the case management conference, need not be endorsed by counsel. Proceedings must be recorded 45 Proceedings at a case management conference must be recorded. Judge or master may be seized of further applications 46 At a case management conference, or at any other time, a judge or master may order that any or all interlocutory applications in the expedited action be heard by that judge or master. Other judges or masters may hear applications 47 A judge or master who has made an order under subrule (46) may, at any time, direct that any or all interlocutory applications in the expedited action may be heard by another judge or master. Presiding judge may hear trial 48 A judge who has presided at a case management conference may preside at the trial of the action. Prohibited orders 49 The following orders must not be made at a case management conference: a adding, removing or substituting a party except by consent of the affected party or parties; b an order for final judgment except by consent. Costs 50 The court may award costs against any party at a case management conference. Trial Management Conference Date for trial management conference 51 A trial management conference is to be held between 15 and 30 days before the day set for the start of the trial, at a time and place to be fixed by the registrar. Trial management conference must be conducted by judge 52 A trial management conference must be conducted by a judge. Trial brief required 53 Each party attending a trial management conference must file a trial brief and must deliver a copy of the filed trial brief to each of the other parties at least 7 days before the day set for the trial management conference. Contents 54 A party preparing a trial brief under subrule (53) must include in that trial brief, in consecutively numbered pages, or separated by tabs, the following documents in the following order: a a title page bearing the style of proceeding and the names of counsel; b an index; c a summary of the issues and the party's position on those issues; d a list of the witnesses, with names and addresses, whom the party intends to call at trial; e a summary of the evidence the party expects each witness to give and an estimate of the time required for the witness to give direct evidence; f a list of the expert reports the party intends to adduce at trial; g a list of the witnesses known to the party whom the party intends to cross-examine and an estimate of the time required for cross-examination; h a list of the documents the party intends to introduce at trial; i copies of any expert reports the party proposes to rely on at trial; j an estimate of the time that party requires for an opening statement and final submissions; k the terms of the order the party will seek at trial; l a list of any authorities the party intends to rely on at trial. Procedure at trial management conferences 55 Subrules (38), (39) and (41) to (50) apply to a trial management conference. Orders at a trial management conference 56 In addition to the powers of a judge under subrule (41) as it applies for the purposes of a trial management conference, the judge hearing a trial management conference may consider the following and, subject to further direction of the trial judge, may, on application or on his or her own motion, make orders respecting one or more of the following: a a trial scheduling plan; b admissions of fact at trial; c admission of documents at trial, including i agreements as to the purposes for which documents may be admitted, and ii the preparation of common books of documents and document agreements; d imposing time limits for the direct or cross-examination of witnesses, opening statements and final submissions; e direct evidence of witnesses be presented at trial by way of affidavit; f the parties present opening statements and final submissions in writing; g the number of days reserved for the trial be changed. Repealed 57 Repealed. [B.C. Reg. 130/2008, s. 4.] 69 Electronic Filing Rule [en. B.C. Reg. 136/2005, s. 10; am. B.C. Reg. 193/2007, s. 13 (a).] Definitions 1 In this rule: electronic document means a document that has been transmitted for filing electronically; electronic services agreement means an agreement referred to in subrule (3); registered user means a person who has entered into an electronic services agreement. This rule prevails in event of conflict 2 In the event of a conflict between this rule and another rule, this rule applies. Electronic services agreement 3 A person wishing to file documents in a registry under this rule must a enter into an agreement with the Court Services Branch of the Ministry of Attorney General respecting the terms and conditions under which those filings may be made, and b submit documents for filing in accordance with that agreement. Means of transmission 4 A registered user may electronically transmit a document to a registry for filing if a the document is accompanied by payment of the applicable filing fees, and b the document is not one referred to in subrule (5). Application of this rule 5 The following documents may not be transmitted for filing electronically: a any document pertaining to the following: i probate; ii reciprocal enforcement of orders under the Court Order Enforcement Act; b any of the following documents: i a certified copy of any document being filed for enforcement purposes; ii a chambers record; iii a trial record; iv a proof of marriage from a foreign jurisdiction, unless such proof is issued electronically; v a certificate of judgment; vi a certificate of pending litigation; vii an affidavit filed for the purposes of Rule 40 (44). Affidavits and other signed documents 6 An affidavit or other signed document that is being filed for evidentiary purposes, if submitted for filing electronically, must clearly identify the signatory and must be accompanied by a statement, in Form 144, of the counsel acting for the person on whose behalf the document is submitted for filing or, if that person is unrepresented, by a statement of that person, in Form 144, indicating that a the original paper version of the document appears to bear an original signature of the person identified as the signatory and the person making the Form 144 statement has no reason to believe that the signature placed on the document is not the signature of the identified signatory, and b the version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and the person making the Form 144 statement has no reason to believe that it is not a true copy of the original paper version. Retention of documents 7 A person who submits a document for filing under subrule (6) in a proceeding must a keep the original paper version of the document until the earliest of i the date on which the proceeding, including any appeals, is finally disposed of, ii the date on which the appeal period for that proceeding has expired if no appeals of the proceeding have been brought within that period, and iii the date on which the registrar requests that the original paper version be filed, and b if a request is made under paragraph (a) (iii), file the original paper version promptly after that request is made. Conversion of documents 7.1 If a document in paper form is filed with the registrar, the registrar may convert the document into electronic form and, in that event, the registrar must a store the conversion in a computer or in another electronic system that the registrar considers appropriate, and b retain the paper form of the document. [en. B.C. Reg. 193/2007, s. 13 (b).] Inspection of original documents 8 A person who submits a document referred to in subrule (6) for filing electronically must, on request, make the original paper version of that document available for inspection by other parties or their counsel and by the court. Requisition 9 A person who is entitled to inspect a document under subrule (8) may, if that inspection is denied, file a requisition with the registrar, and, promptly after receipt of that requisition, the registrar must make a request under subrule (7) (a) (iii). Application of Rule 51 10 Rule 51 continues to apply to affidavits filed under this section, but, in the event of a conflict between this rule and Rule 51 in respect of those affidavits, this rule prevails. Electronic documents deemed to be original 11 For the purposes of Rules 8 (10) and 51A (3) (b), (9), (10) (a), (11) and (12) (f) (i) and Form 76, a document transmitted for filing electronically is deemed to be an original of that document, and for the purposes of Rules 8 (12), 9 (1), 24 (2) and (4) and 60D (22) (a), a document that has been transmitted for filing electronically and accepted for filing by the registrar is deemed to be an original of that document. [am. B.C. Reg. 193/2007, s. 13 (c).] Electronic authentication deemed a signature 12 For the purposes of these rules other than subrule (6) of this rule, a document is deemed to have been originally signed if it has been electronically authenticated in the manner contemplated by the applicable electronic services agreement. Filing of documents 13 If a document that has been transmitted for filing electronically is accepted for filing by the registrar, the document is deemed to have been filed, a if the document is received at the registry at or before 4 p.m. on a day on which the registry is open for business, on the day of its receipt, or b if the document is not received at the registry at or before 4 p.m., on the next day on which the registry is open for business. Electronic acceptance 14 After a document that has been transmitted for filing electronically is accepted for filing by the registrar, the registrar must affix an electronic version of the registry stamp to the document and, after that, must provide a copy of the stamped electronic document, in the manner contemplated by the electronic services agreement, to the person who transmitted the document for filing. Sealing of writ of summons 15 After the registrar provides an electronic acceptance of a writ of summons under subrule (14), the writ of summons is, for the purposes of Rule 8 (9), deemed to have been sealed by the registrar. Public access to documents filed electronically 16 If a document has been filed in accordance with subrule (4), a person who is otherwise entitled to view and obtain a copy of the document may, on payment of the proper fee, a obtain from the registry a paper copy of the document, b if the registry has provided a public access computer terminal, view the document on that terminal, or, if the document is not available for viewing on that terminal, view on that terminal the information about the document or its contents, if any, that the registry provides on that terminal, or c if the person is a registered user, access the document in accordance with the terms of the electronic services agreement entered into by that person. E-mail address for delivery 17 A person who is required to provide an address for delivery under these rules may provide an e-mail address for delivery. Delivery of documents 18 A document that may or must be delivered to a person may, if it is an electronic document, be delivered to the person as follows: a if the person has provided an e-mail address for delivery under subrule (17), by e-mailing it to that person's e-mail address for delivery; b if the solicitor for the person has provided an e-mail address for delivery under subrule (17), by e-mailing it to that solicitor's e-mail address for delivery. When delivery by e-mail is effective 19 A document transmitted by e-mail in accordance with subrule (18) is deemed to have been delivered 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. If document does not reach a person 20 Even though a document has been delivered in accordance with subrule (18), a person may show, on an application to set aside the consequences of default, on an application for an extension of time or on an application in support of a request for an adjournment, that the document a did not come to the person's notice, b did come to the person's notice later than when it was delivered or effectively delivered, or c was incomplete or illegible. Repealed 21 Repealed. [B.C. Reg. 193/2007, s. 13 (d).] 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