Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

"Point in Time" Regulation Content

Expropriation Act

Compensation Action Procedure Rule

B.C. Reg. 100/2005

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Subrule 1 July 1, 2010
February 29, 2016
June 15, 2018
November 15, 2018
Subrule 3 July 1, 2010
Subrule 4 July 1, 2010
Subrule 7 July 1, 2010
Subrule 8 July 1, 2010
Subrule 10 July 1, 2010
Subrule 12 July 1, 2010
Subrule 14 July 1, 2010
Form 1 July 1, 2010

 Subrule (1) definition of "Supreme Court Rules" BEFORE repealed by BC Reg 150/2010, effective July 1, 2010.

"Supreme Court Rules" means the Supreme Court Rules, B.C. Reg. 221/90;

 Subrule (1) definition of "Supreme Court Civil Rules" was added by BC Reg 150/2010, effective July 1, 2010.

 Subrule (1) definition of "included claim", paragraph (b) BEFORE amended by BC Reg 41/2016, effective February 29, 2016.

(b) section 101 (3) (b) of the Water Act;

 Subrule (1) definition of "included claim", paragraph (e) BEFORE amended by BC Reg 117/2018, effective June 15, 2018.

(e) section 312 (3) (b) or 749 (2) of the Local Government Act;

 Subrule (1) definition of "included claim", paragraph (c) BEFORE repealed by BC Reg 237/2018, effective November 15, 2018.

(c) section 21 of the Health Act;

 Subrule (3) BEFORE amended by BC Reg 150/2010, effective July 1, 2010.

(3)  The Supreme Court Rules apply to a compensation action except that, in the event of a conflict between this rule and the Supreme Court Rules, this rule prevails.

 Subrule (4) BEFORE amended by BC Reg 150/2010, effective July 1, 2010.

(4)  Rules 17, 25 and 37 of the Supreme Court Rules do not apply to a compensation action.

 Subrule (7) BEFORE amended by BC Reg 150/2010, effective July 1, 2010.

(7)  A person wishing to make an included claim or a claim for compensation under the Act must file in a registry of the court a writ of summons to which is attached a statement of claim.

 Subrule (8) BEFORE amended by BC Reg 150/2010, effective July 1, 2010.

(8)  A person who files a writ of summons under subrule (7) must serve that pleading on the defendants within 10 days after the date on which the writ of summons was filed or within such longer period as the court may order.

 Subrule (10) BEFORE amended by BC Reg 150/2010, effective July 1, 2010.

(10)  An expropriating authority wishing to obtain a determination under subrule (9) must file in a registry of the court a writ of summons to which is attached a statement of claim and, for that purpose, the pleadings may claim, as the relief required, a determination of the amount of compensation, if any, to which the person referred to in subrule (9) is or may be entitled.

 Subrule (12) (a) and (c) BEFORE amended by BC Reg 150/2010, effective July 1, 2010.

(a) the Form A or other document by which the board proceeding was initiated is deemed to be the writ of summons and statement of claim in the compensation action,

(c) the Form B, if any, filed with the board in response to the application referred to in paragraph (a) is deemed to be the appearance and statement of defence in the compensation action, and

 Subrule (14) (a) and (b) BEFORE amended by BC Reg 150/2010, effective July 1, 2010.

(a) file and deliver a statement of defence and any counterclaim to the plaintiff in the compensation action within 21 days after the service of the filed request, and Rule 21 of the Supreme Court Rules, other than Rule 21 (5), applies, and

(b) include in the statement of defence that person's address for delivery.

 Form 1 under "Notice to Defendant" BEFORE amended by BC Reg 150/2010, effective July 1, 2010.

Notice to Defendant:

As a result of the transfer of the files relating to above-noted Expropriation Compensation Board proceeding, the proceeding is deemed to be a compensation action and the Compensation Action Procedure Rule and the Supreme Court Rules now apply to that action in the manner set out in the Compensation Action Procedure Rule.

If you have filed a Form B with the Expropriation Compensation Board in response to the above noted Expropriation Board proceeding, the Form B is deemed to be the appearance and statement of defence in the compensation action and you are now deemed be a defendant in that compensation action.

If you have not filed a Form B with the Expropriation Compensation Board in response to the above noted Expropriation Board proceeding, you must, if you wish to respond to or defend against one or more of the claims made in that proceeding,

(a) file and deliver a statement of defence and any counterclaim to the plaintiff in the compensation action within 21 days after being served with this Request, and Rule 21 of the Supreme Court Rules, other than Rule 21 (5), applies, and

(b) include in that statement of defence your address for delivery.