B.C. Reg. 168/2009
O.C. 302/2009
Deposited July 7, 2009
effective July 1, 2010

Court Rules Act

Supreme Court Civil Rules

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 92/2013, July 1, 2013]

Point in Time

Link to fillable forms

Appendix A – Forms

Appendix A – List of Forms

Form 1 - Notice of Civil Claim [am. B.C. Regs. 119/2010, Sch. A, s. 38; 95/2011, Sch. A, s. 11.]

Form 2 - Response to Civil Claim

Form 3 - Counterclaim [am. B.C. Reg. 95/2011, Sch. A, s. 12.]

Form 4 - Response to Counterclaim

Form 5 - Third Party Notice [am. B.C. Reg. 95/2011, Sch. A, s. 13.]

Form 6 - Response to Third Party Notice

Form 7 - Reply

Form 8 - Default Judgment [en. B.C. Reg. 58/2012, Sch. A, s. 3.]

Form 9 - Notice of Address for Service

Form 10 - Advertisement

Form 11 - Endorsement on Originating Pleading or Petition for Service Outside British Columbia

Form 12 - Request

Form 13 - Notice and Summary of Document

Form 14 - Certificate

Form 15 - Affidavit of Personal Service [am. B.C. Reg. 95/2011, Sch. A, s. 14.]

Form 16 - Affidavit of Ordinary Service

Form 17 - Requisition – General [am. B.C. Reg. 119/2010, Sch. A, s. 39.]

Form 18 - Certificate of Service by Sheriff

Form 19 - Notice of Case Planning Conference

Form 20 - Case Plan Proposal

Form 21 - Case Plan Order [am. B.C. Reg. 119/2010, Sch. A, s. 40.]

Form 22 - List of Documents [en. B.C. Reg. 119/2010, Sch. A, s. 41.]

Form 23 - Appointment to Examine for Discovery

Form 24 - Interrogatories

Form 25 - Subpoena to Witness

Form 26 - Notice to Admit

Form 27 - Order for Examination of Persons Outside the Jurisdiction

Form 28 - Instructions to Examiner

Form 29 - Order for Issue of a Letter of Request to Judicial Authority of Another Jurisdiction

Form 30 - Letter of Request for Examination of Witness out of Jurisdiction

Form 31 - Requisition for Consent Order or for Order Without Notice [am. B.C. Reg. 119/2010, Sch. A, s. 42.]

Form 32 - Notice of Application [am. B.C. Regs. 119/2010, Sch. A, s. 43; 241/2010, Sch. A, s. 3.]

Form 33 - Application Response

Form 34 - Consent Order [am. B.C. Reg. 119/2010, Sch. A, s. 44.]

Form 35 - Order Made After Application [en. B.C. Reg. 58/2012, Sch. A, s. 3.]

Form 36 - Notice of Discontinuance

Form 37 - Notice of Withdrawal

Form 38 - Security for Receiver

Form 39 - Security of Receiver by Undertaking

Form 40 - Notice of Trial [am. B.C. Regs. 119/2010, Sch. A, s. 46; 95/2011, Sch. A, s. 15.]

Form 41 - Trial Brief [am. B.C. Reg. 95/2011, Sch. A, s. 16.]

Form 42 - Trial Certificate [am. B.C. Reg. 119/2010, Sch. A, s. 47.]

Form 43 - Notice to Produce [en. B.C. Reg. 65/2013, Sch. A, s. 5.]

Form 44 - Notice of Intention to Proceed

Form 45 - Notice of Intention to Call Adverse Party as a Witness

Form 46 - Warrant After Subpoena

Form 47 - Notice Requiring Trial by Jury

Form 48 - Order After Trial [am. B.C. Reg. 119/2010, Sch. A, s. 48.]

Form 49 - Appointment

Form 50 - Writ of Seizure and Sale

Form 51 - Writ of Sequestration [am. B.C. Reg. 95/2011, Sch. A, s. 17.]

Form 52 - Writ of Possession [am. B.C. Reg. 95/2011, Sch. A, s. 17.]

Form 53 - Writ of Delivery [am. B.C. Reg. 95/2011, Sch. A, s. 17.]

Form 54 - Writ of Delivery or Assessed Value [am. B.C. Reg. 95/2011, Sch. A, s. 17.]

Form 55 - Acknowledgment of Payment

Form 56 - Subpoena to Debtor

Form 57 - Examiner's Report

Form 58 - Notice of Application for Committal

Form 59 - Order of Committal

Form 59.1 - Appointment for Examination in Aid of Execution [en. B.C. Reg. 95/2011, Sch. A, s. 18.]

Form 60 - Certificate of Result of Sale

Form 61 - Notice of Fast Track Action [am. B.C. Reg. 95/2011, Sch. A, s. 19.]

Form 62 - Bill of Costs [am. B.C. Regs. 119/2010, Sch. A, s. 49; 92/2013, Sch. A, s. 1.]

Form 63 - Default Judgment Bill of Costs [am. B.C. Regs. 119/2010, Sch. A, s. 49; 92/2013, Sch. A, s. 1.]

Form 64 - Certificate of Costs

Form 65 - Certificate of Fees

Form 66 - Petition to the Court [am. B.C. Regs. 95/2011, Sch. A, s. 20; 65/2013, Sch. A, s. 6.]

Form 67 - Response to Petition

Form 68 - Notice of Hearing

Form 69 - Notice of Order

Form 70 - Notice of Interest

Form 71 - Notice of Stated Case

Form 72 - Notice of Hearing of Stated Case

Form 73 - Notice of Appeal if Directions Required [am. B.C. Regs. 119/2010, Sch. A, s. 50; 95/2011, Sch. A, s. 21.]

Form 74 - Notice of Appeal – Standard Directions [am. B.C. Regs. 119/2010, Sch. A, ss. 50 and 51; 95/2011, Sch. A, s. 21.]

Form 75 - Notice of Hearing of Appeal

Form 76 - Notice of Abandonment of Appeal

Form 77 - Order to Register Foreign Judgment

Form 78 - Affidavit of Attainment of Majority

Form 79 - Order to Waive Fees [en. B.C. Reg. 58/2012, Sch. A, s. 3, am. B.C. Reg. 112/2012, Sch. A, s. 6.]

Form 80 - Affidavit in Support of Order to Waive Fees [am. B.C. Regs. 95/2011, Sch. A, s. 22; 112/2012, Sch. A, s. 7.]

Form 81 - Notice of Civil Claim – Admiralty (in Rem)

Form 82 - Notice of Civil Claim – Admiralty (in Rem and in Personam) [am. B.C. Reg. 95/2011, Sch. A, s. 23.]

Form 83 - Affidavit to Lead Warrant

Form 84 - Warrant to Arrest Ship

Form 85 - Caveat – Admiralty

Form 86 - Notice of Withdrawal of Caveat

Form 87 - Payment into Court as Bail

Form 88 - Bank Guarantee or Bailbond

Form 89 - Release

Form 90 - Citation to Bring In Grant

Form 91 - Affidavit of Executor

Form 92 - Affidavit of Administrator

Form 93 - Affidavit of Administrator Applying for Letters of Administration with Will Annexed

Form 94 - Notice to Next of Kin

Form 95 - Administration Bond

Form 96 - Administration Bond on Resealing

Form 97 - Caveat – Estates

Form 98 - Notice to Caveator

Form 99 - Citation to Accept Probate as Executor

Form 100 - Answer to Citation to Accept Executorship

Form 101 - Citation to Propound an Alleged Will

Form 102 - Answer to Citation to Propound an Alleged Will

Form 103 - Citation to Bring In a Will

Form 104 - Subpoena – Estates

Form 105 - Affidavit to Lead to Resealing of Grant

Form 106 - Affidavit in Support of Application to Pass Accounts

Form 107 - Statement of Account

Form 108 - Jurisdictional Response

Form 109 - Affidavit

Form 110 - Notice of Appointment or Change of Lawyer

Form 111 - Notice of Intention to Act in Person

Form 112 - Notice of Intention to Withdraw as Lawyer [am. B.C. Regs. 119/2010, Sch. A, s. 53; 95/2011, Sch. A, s. 24.]

Form 113 - Objection

Form 114 - Notice of Withdrawal of Lawyer

Form 115 - Warrant – Contempt

Form 116 - Undertaking

Form 117 - Release Order

Form 118 - Fax Cover Sheet [en. B.C. Reg. 112/2012, Sch. A, s. 8.]

Form 119 - Electronic Filing Statement [am. B.C. Reg. 112/2012, Sch. A, s. 9]

Form 120 - Declaration

Form 121 - Notice of Appeal from Master, Registrar or Special Referee [am. B.C. Reg. 119/2010, Sch. A, s. 54.]

Form 122 - Demand

Form 123 - Offer to Settle Costs

Form 124 - Certificate of Mediation

Appendix A — Forms


Form 1 (Rule 3-1 (1) )

No. ...............................

.................................. Registry

In the Supreme Court of British Columbia

Between

Plaintiff(s)

and

Defendant(s)

NOTICE OF CIVIL CLAIM

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

This action has been started by the plaintiff(s) for the relief set out in Part 2 below.

If you intend to respond to this action, you or your lawyer must

(a)  file a response to civil claim in Form 2 in the above-named registry of this court within the time for response to civil claim described below, and

(b)  serve a copy of the filed response to civil claim on the plaintiff.

If you intend to make a counterclaim, you or your lawyer must

(a)  file a response to civil claim in Form 2 and a counterclaim in Form 3 in the above-named registry of this court within the time for response to civil claim described below, and

(b)  serve a copy of the filed response to civil claim and counterclaim on the plaintiff and on any new parties named in the counterclaim.

JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response to civil claim within the time for response to civil claim described below.

Time for response to civil claim

A response to civil claim must be filed and served on the plaintiff(s),

(a) if you were served with the notice of civil claim anywhere in Canada, within 21 days after that service,

(b) if you were served with the notice of civil claim anywhere in the United States of America, within 35 days after that service,

(c) if you were served with the notice of civil claim anywhere else, within 49 days after that service, or

(d)  if the time for response to civil claim has been set by order of the court, within that time.

 

Claim of the Plaintiff(s)

Part 1: STATEMENT OF FACTS

[Using numbered paragraphs, set out a concise statement of the material facts giving rise to the plaintiff's(s') claim.]

1

2

[If any party sues or is sued in a representative capacity, identify the party and describe the representative capacity.]

Part 2: RELIEF SOUGHT

[Using numbered paragraphs, set out the relief sought and indicate against which defendant(s) that relief is sought. Relief may be sought in the alternative.]

1

2

Part 3: LEGAL BASIS

[Using numbered paragraphs, set out a concise summary of the legal bases on which the plaintiff(s) intend(s) to rely in support of the relief sought and specify any rule or other enactment relied on. The legal bases for the relief sought may be set out in the alternative.]

1

2

Plaintiff's(s') address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):

Place of trial:

The address of the registry is:

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] plaintiff [ ] lawyer for plaintiff(s)
 
...........................[type or print name]..........................

Rule 7-1 (1) of the Supreme Court Civil Rules states:

(1) Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period,

(a) prepare a list of documents in Form 22 that lists

(i) all documents that are or have been in the party's possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and

(ii) all other documents to which the party intends to refer at trial, and

(b) serve the list on all parties of record.


Appendix

[The following information is provided for data collection purposes only and is of no legal effect.]

Part 1: CONCISE SUMMARY OF NATURE OF CLAIM:

Part 2: THIS CLAIM ARISES FROM THE FOLLOWING:

[Check one box below for the case type that best describes this case.]

A personal injury arising out of:

[ ] a motor vehicle accident

[ ] medical malpractice

[ ] another cause

A dispute concerning:

[ ] contaminated sites

[ ] construction defects

[ ] real property (real estate)

[ ] personal property

[ ] the provision of goods or services or other general commercial matters

[ ] investment losses

[ ] the lending of money

[ ] an employment relationship

[ ] a will or other issues concerning the probate of an estate

[ ] a matter not listed here

Part 3: THIS CLAIM INVOLVES:

[Check all boxes below that apply to this case]

[ ] a class action

[ ] maritime law

[ ] aboriginal law

[ ] constitutional law

[ ] conflict of laws

[ ] none of the above

[ ] do not know

Part 4:

[If an enactment is being relied on, specify. Do not list more than 3 enactments.]


Form 2 (Rule 3-3 (1) )

[Style of Proceeding]

RESPONSE TO CIVIL CLAIM

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .................[party(ies)]................. (the "defendant(s)")

Part 1: RESPONSE TO NOTICE OF CIVIL CLAIM FACTS

Division 1 – Defendant's(s') Response to Facts

[Indicate, for each paragraph in Part 1 of the notice of civil claim, whether the fact(s) alleged

in that paragraph is(are) admitted, denied or outside the knowledge of the defendant(s).
]

1 The facts alleged in paragraph(s) ........[list paragraph numbers]........ of Part 1 of the notice of civil claim are admitted.
2 The facts alleged in paragraph(s) ........[list paragraph numbers]........ of Part 1 of the notice of civil claim are denied.
3 The facts alleged in paragraph(s) ........[list paragraph numbers]........ of Part 1 of the notice of civil claim are outside the knowledge of the defendant(s).

Division 2 – Defendant's(s') Version of Facts

[Using numbered paragraphs, set out the defendant's(s') version of the facts alleged in those paragraphs

of the notice of civil claim that are listed above in paragraph 2 of Division 1 of this Part.
]

1

2

Division 3 – Additional Facts

[If additional material facts are relevant to the matters raised by the notice of civil claim,

set out, in numbered paragraphs, a concise statement of those additional material facts.
]

1

2

Part 2: RESPONSE TO RELIEF SOUGHT

[Indicate, for each paragraph in Part 2 of the notice of civil claim, whether the defendant(s)

consent(s) to, oppose(s) or take(s) no position on the granting of that relief.
]

1 The defendant(s) consent(s) to the granting of the relief sought in paragraphs ........[list paragraph numbers]........ of Part 2 of the notice of civil claim.
2 The defendant(s) oppose(s) the granting of the relief sought in paragraphs ........[list paragraph numbers]........ of Part 2 of the notice of civil claim.
3 The defendant(s) take(s) no position on the granting of the relief sought in paragraphs ........[list paragraph numbers]........ of Part 2 of the notice of civil claim.

Part 3: LEGAL BASIS

[Using numbered paragraphs, set out a concise summary of the legal bases on which the defendant(s) oppose(s) the relief sought by the plaintiff(s) and specify any rule or other enactment relied on. The legal bases for opposing the plaintiff's(s') relief may be set out in the alternative.]

1

2

Defendant's(s') address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] defendant [ ] lawyer for defendant(s)
 
...........................[type or print name]..........................

Rule 7-1 (1) of the Supreme Court Civil Rules states:

(1)  Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period,

(a)  prepare a list of documents in Form 22 that lists

(i)  all documents that are or have been in the party's possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and

(ii)  all other documents to which the party intends to refer at trial, and

(b)  serve the list on all parties of record.


Form 3 (Rule 3-4 (1) )

[Style of Proceeding]

[Add the following to the style of proceeding to identify each person, not named as party in the notice of civil claim, against whom the counterclaim is brought.]

and

Defendant(s) by way of counterclaim

COUNTERCLAIM

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .................[party(ies)].................

To: ..........[name(s) of party(ies) against whom the counterclaim is brought]..........

This action has been brought by the plaintiff(s) against the defendant(s) for the relief set out in the notice of civil claim filed in this action.

TAKE NOTICE that the defendant(s) ..............................[state name(s)].............................. claim(s) against you for the relief set out in Part 2 below.

IF YOU INTEND TO RESPOND to the claim made against you in this counterclaim, or if you have a set-off or counterclaim that you wish to have taken into account at the trial, YOU MUST FILE a response to counterclaim in Form 4 in the above-named registry of this court within the time for response to counterclaim described below and SERVE a copy of the filed response to counterclaim on the address for service of the defendant(s) bringing this counterclaim.

YOU OR YOUR LAWYER may file the response to counterclaim.

JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response to counterclaim within the time for response to counterclaim described below.

Time for response to counterclaim

A response to counterclaim must be filed and served on the defendant(s) bringing this counterclaim,

(a) if you were served with the counterclaim anywhere in Canada, within 21 days after that service,

(b) if you were served with the counterclaim anywhere in the United States of America, within 35 days after that service,

(c) if you were served with the counterclaim anywhere else, within 49 days after that service, or

(d) if the time for response to counterclaim has been set by order of the court, within that time.

 

Claim of the Defendant(s) Bringing the Counterclaim

Part 1: STATEMENT OF FACTS

[Using numbered paragraphs, set out a concise statement of the material facts giving rise to the counterclaim.]

1

2

[If any party sues or is sued in a representative capacity, identify the party and describe the representative capacity.]

Part 2: RELIEF SOUGHT

[Using numbered paragraphs, set out the relief sought and indicate against which party(ies) that relief is sought. Relief may be sought in the alternative.]

1

2

Part 3: LEGAL BASIS

[Using numbered paragraphs, set out a concise summary of the legal bases on which the defendant(s) bringing this counterclaim intend(s) to rely in support of the relief sought and specify any rule or other enactment relied on. The legal bases for the relief sought may be set out in the alternative.]

1

2

Address for service of the defendant(s) bringing this counterclaim: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):

The address of the registry is:

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Rule 7-1 (1) of the Supreme Court Civil Rules states:

(1) Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period,

(a) prepare a list of documents in Form 22 that lists

(i) all documents that are or have been in the party's possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and

(ii) all other documents to which the party intends to refer at trial, and

(b) serve the list on all parties of record.


Form 4 (Rule 3-4 (5) )

[Style of Proceeding]

RESPONSE TO COUNTERCLAIM

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .................[party(ies)]................. (the "responding party(ies)")

Part 1: RESPONSE TO COUNTERCLAIM FACTS

Division 1 – Response to Facts

[Indicate, for each paragraph in Part 1 of the counterclaim, whether the fact(s) alleged in that

paragraph is(are) admitted, denied or outside the knowledge of the responding party(ies).
]

1 The facts alleged in paragraph(s) ........[list paragraph numbers]........ of Part 1 of the counterclaim are admitted.
2 The facts alleged in paragraph(s) ........[list paragraph numbers]........ of Part 1 of the counterclaim are denied.
3 The facts alleged in paragraph(s) ........[list paragraph numbers]........ of Part 1 of the counterclaim are outside the knowledge of the responding party(ies).

Division 2 – Responding Party's(ies') Version of Facts

[Using numbered paragraphs, set out the responding party's(ies') version of the facts alleged in those

paragraphs of the counterclaim that are listed above in paragraph 2 of Division 1 of this Part.
]

1

2

Division 3 – Additional Facts

[If additional material facts are relevant to the matters raised by the counterclaim, set out,

in numbered paragraphs, a concise statement of those additional material facts.
]

1

2

Part 2: RESPONSE TO RELIEF SOUGHT

[Indicate, for each paragraph in Part 2 of the counterclaim, whether the responding party(ies) consent(s) to, oppose(s) or take(s) no position on the granting of that relief.]

1 The responding party(ies) consent(s) to the granting of the relief sought in paragraphs ........[list paragraph numbers]........ of Part 2 of the counterclaim.
2 The responding party(ies) oppose(s) the granting of the relief sought in paragraphs ........[list paragraph numbers]........ of Part 2 of the counterclaim.
3 The responding party(ies) take(s) no position on the granting of the relief sought in paragraphs ........[list paragraph numbers]........ of Part 2 of the counterclaim.

Part 3: LEGAL BASIS

[Using numbered paragraphs, set out a concise summary of the legal bases on which the responding party(ies) oppose(s) the relief sought by the party(ies) bringing the counterclaim and specify any rule or other enactment relied on. The legal bases for opposing the claimed relief may be set out in the alternative.]

1

2

Address for service of the responding party(ies): [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Rule 7-1 (1) of the Supreme Court Civil Rules states:

(1) Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period,

(a) prepare a list of documents in Form 22 that lists

(i) all documents that are or have been in the party's possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and

(ii) all other documents to which the party intends to refer at trial, and

(b) serve the list on all parties of record.


Form 5 (Rule 3-5 (3) )

[Style of Proceeding]

[Add the following to the style of proceeding.]

and

Third Party(ies)

THIRD PARTY NOTICE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .................[party(ies)]................. (the "claiming party(ies)")

To: ................................[name(s) of third party(ies)]...............................

THIS ACTION has been brought by the plaintiff(s) against the defendant(s) for the relief set out in the notice of civil claim filed in this action.

TAKE NOTICE that the claiming party(ies) claim(s) against you for the relief set out in Part 2 below.

IF YOU INTEND TO RESPOND TO this claim against you, or if you have a set-off or counterclaim that you wish to have taken into account at the trial, YOU MUST FILE a response to third party notice in Form 6 in the above-named registry of this court within the time for response to third party notice provided for below and SERVE a copy of the filed response to third party notice on the claiming party's(ies') address for service.

YOU OR YOUR LAWYER may file the response to third party notice.

JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response to third party notice within the time for response to third party notice described below.

Time for response to third party notice

A response to third party notice must be filed and served on the claiming party(ies),

(a) if you were served with the third party notice anywhere in Canada, within 21 days after that service,

(b) if you were served with the third party notice anywhere in the United States of America, within 35 days after that service,

(c) if you were served with the third party notice anywhere else, within 49 days after that service, or

(d) if the time for response to third party notice has been set by order of the court, within that time.

 

Claim of the Claiming Party(ies)

Part 1: STATEMENT OF FACTS

[Using numbered paragraphs, set out a concise statement of the material facts giving rise to the claiming party's(ies') third party claim.]

1

2

[If any party sues or is sued in a representative capacity, identify the party and describe the representative capacity.]

Part 2: RELIEF SOUGHT

[Using numbered paragraphs, set out the relief sought against the third party(ies). Relief may be sought in the alternative.]

1

2

Part 3: LEGAL BASIS

[Using numbered paragraphs, set out a concise summary of the legal bases on which the claiming party(ies) intend(s) to rely in support of the relief sought and specify any rule or other enactment relied on. The legal bases for the relief sought may be set out in the alternative.]

1

2

Address for service of claiming party(ies): [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):

The address of the registry is:

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Rule 7-1 (1) of the Supreme Court Civil Rules states:

(1) Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period,

(a) prepare a list of documents in Form 22 that lists

(i) all documents that are or have been in the party's possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and

(ii) all other documents to which the party intends to refer at trial, and

(b) serve the list on all parties of record.


Form 6 (Rule 3-5 (9) )

[Style of Proceeding]

RESPONSE TO THIRD PARTY NOTICE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .................[party(ies)].................. (the "third party(ies)")

Part 1: RESPONSE TO THIRD PARTY NOTICE FACTS

Division 1 – Response to Facts

[Indicate, for each paragraph in Part 1 of the third party notice, whether that fact(s) alleged in

that paragraph is(are) admitted, denied or outside the knowledge of the third party(ies).
]

1 The facts alleged in paragraph(s) ........[list paragraph numbers]........ of Part 1 of the third party notice are admitted.
2 The facts alleged in paragraph(s) ........[list paragraph numbers]........ of Part 1 of the third party notice are denied.
3 The facts alleged in paragraph(s) ........[list paragraph numbers]........ of Part 1 of the third party notice are outside the knowledge of the third party(ies).

Division 2 – Third Party's(ies') Version of Facts

[Using numbered paragraphs, set out the third party's(ies') version of the facts alleged in those paragraphs

of the third party notice that are listed above in paragraph 2 of Division 1 of this Part.
]

1

2

Division 3 – Additional Facts

[If additional material facts are relevant to the matters raised by the third party notice, set out,

in numbered paragraphs, a concise statement of those additional material facts.
]

1

2

Part 2: RESPONSE TO RELIEF SOUGHT

[Indicate, for each paragraph in Part 2 of the third party notice, whether the third party(ies) consent(s) to, oppose(s) or take(s) no position on the granting of that relief.]

1 The third party(ies) consent(s) to the granting of the relief sought in paragraphs ........[list paragraph numbers]........ of Part 2 of the third party notice.
2 The third party(ies) oppose(s) the granting of the relief sought in paragraphs ........[list paragraph numbers]........ of Part 2 of the third party notice.
3 The third party(ies) take(s) no position on the granting of the relief sought in paragraphs ........[list paragraph numbers]........ of Part 2 of the third party notice.

Part 3: LEGAL BASIS

[Using numbered paragraphs, set out a concise summary of the legal bases on which the third party(ies) oppose(s) the relief sought by the party(ies) who filed the third party notice and specify any rule or other enactment relied on. The legal bases for opposing the claimed relief may be set out in the alternative.]

1

2

Address for service of third party(ies): [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Rule 7-1 (1) of the Supreme Court Civil Rules states:

(1) Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period,

(a) prepare a list of documents in Form 22 that lists

(i) all documents that are or have been in the party's possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and

(ii) all other documents to which the party intends to refer at trial, and

(b) serve the list on all parties of record.


Form 7 (Rule 3-6 (1) )

[Style of Proceeding]

REPLY

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: ..................................[party(ies)]..................................

In reply to:

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Rule 7-1 (1) of the Supreme Court Civil Rules states:

(1) Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period,

(a) prepare a list of documents in Form 22 that lists

(i) all documents that are or have been in the party's possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and

(ii) all other documents to which the party intends to refer at trial, and

(b) serve the list on all parties of record.


Form 8 (Rules 3-8 (2), (3), (5) and (6) )

[Style of Proceeding]

BEFORE A REGISTRAR

DEFAULT JUDGMENT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]

[Select whichever one of the 2 following provisions is correct, complete the selected provision and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]

The plaintiff(s) having filed and served a notice of civil claim and the defendant(s) ....................[name(s)].................... having failed to file and serve a response to civil claim within the time allowed;

Pursuant to an order made by ....................[judge/master].................... on ........[dd/mmm/yyyy]........ that this proceeding continue as if no response to civil claim had been filed by the defendant(s) ....................[name(s)]....................;

[Select whichever one or more of the 4 following provisions is/are correct, complete the selected provision(s) and remove the provision(s) that has/have not been selected so that it/they do(es) not appear in the form when the form is filed.]

[Select and complete this provision if Rule 3-8 (3) is applicable] THIS COURT ORDERS that the defendant(s) ....................[name(s)].................... pay to the plaintiff(s) the sum of $....................;

[Select and complete this provision if Rule 3-8 (5) is applicable] THIS COURT ORDERS that the defendant(s) ....................[name(s)].................... pay to the plaintiff(s) damages to be assessed;

[Select and complete this provision if Rule 3-8 (6) (a) (i) is applicable] THIS COURT ORDERS that the defendant(s) ....................[name(s)].................... deliver to the plaintiff(s) the goods detained by the defendant(s), being ....................[description of goods]...................., or pay to the plaintiff(s) the value of the goods to be assessed;

[Select and complete this provision if Rule 3-8 (6) (a) (ii) is applicable] THIS COURT ORDERS that the defendant(s) ....................[name(s)].................... pay to the plaintiff(s) the value to be assessed of the goods detained by the defendant(s) ...................., being ....................[description of goods]..................... ;

THIS COURT FURTHER ORDERS that the defendant(s) ....................[name(s)].................... pay to the plaintiff(s) ..........[Set out one or more of the following as applicable: interest as claimed in the amount of $................... / interest under the Court Order Interest Act in the amount of $................... / costs in the amount of $................... / costs to be assessed].......... .

Date: ................[dd/mmm/yyyy]................. .................................................................................
    Registrar

Form 9 (Rules 4-1 (3) and 6-2 (11) )

[Style of Proceeding]

NOTICE OF ADDRESS FOR SERVICE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

TAKE NOTICE that the address for service of ....................[party(ies)].................... (the "filing party(ies)") is:

[Check whichever one of the following boxes is correct and complete the required information.]

[ ] The filing party(ies) .....[is/are]..... represented by a lawyer in the proceeding.
Name and office address of party's lawyer: [This must be an accessible address.]

 

 
Additional addresses for service (optional):

 

 
Lawyer's fax number:

 

 
Lawyer's e-mail address:

 

 

[OR]

[ ] The filing party(ies) .....[is/are]..... not represented by a lawyer in the proceeding.
Residential address or business address: [This must be an accessible address.]

 

 
[If the residential address or business address noted above is more than 30 kilometres from the registry, the filing party must provide at least one of the following in addition to the address noted above. In any case, the filing party may provide one or more of the following as additional addresses for service.]
Postal address in British Columbia:

 

 
Fax number:

 

 
E-mail address:

 

 

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Rule 1-1 (1) of the Supreme Court Civil Rules defines "accessible address" as follows:

"accessible address" means an address that describes a unique and identifiable location in British Columbia that is accessible to the public during normal business hours for the delivery of documents;


Form 10 (Rule 4-4 (3) )

[Style of Proceeding]

ADVERTISEMENT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ....................[party(ies)]....................

TAKE NOTICE THAT on ........[dd/mmm/yyyy]........ an order was made for service on you of a ...........[document]........... issued from the ...............[location].............. Registry of the Supreme Court of British Columbia in proceeding number ..........[registry number].......... by way of this advertisement.

In the proceeding, the ....................[plaintiff/petitioner].................... claim(s) the following relief against you: ............................[describe the relief claimed]............................ .

You must file a responding pleading/response to petition within the period required under the Supreme Court Civil Rules failing which further proceedings, including judgment, may be taken against you without notice to you.

You may obtain, from the ...............[location]............... Registry, at ..........[address].........., a copy of the ...........[document]........... and the order providing for service by this advertisement.

This advertisement is placed by ....................[party(ies)].................... whose address for service is ....................[Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.].................... .


Form 11 (Rule 4-5 (2) )

ENDORSEMENT ON ORIGINATING PLEADING OR PETITION

FOR SERVICE OUTSIDE BRITISH COLUMBIA

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

The ....................[party(ies)]...................., ....................[name(s) of party(ies)]...................., claim(s) the right to serve this pleading/petition on the ....................[party(ies)]...................., ....................[name(s) of party(ies)]...................., outside British Columbia on the ground that ....................[state the circumstances, enumerated in section 10 of the Court Jurisdiction and Proceedings Transfer Act, on which the plaintiff/petitioner relies].................... .


Form 12 (Rule 4-5 (12) )

REQUEST

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL DOCUMENTS

Convention on the Service Abroad of Judicial and Extrajudicial Documents

in Civil or Commercial Matters,

signed at The Hague, November 15, 1965.

Identity and address of the applicant

 

 
Address of receiving authority

 

The undersigned applicant has the honour to transmit – in duplicate – the documents listed below and, in conformity with Article 5 of the Convention, requests prompt service of one copy thereof on the addressee, i.e., ........................................................[identity and address]........................................................

(a) in accordance with the provisions of subparagraph (a) of the first paragraph of Article 5 of the Convention*.

(b) in accordance with the following particular method (subparagraph (b) of the first paragraph of Article 5*) .................................................................................................................................... .

(c) by delivery to the addressee, if he or she accepts it voluntarily (second paragraph of Article 5*).

The authority is requested to return or to have returned to the applicant a copy of the documents – and of the annexes* – with a certificate as provided in Form 14.

List of documents:    
..................................................................   Done at .............................................................
..................................................................   .........................[dd/mmm/yyyy].........................
..................................................................    
..................................................................   Signature and/or stamp.
..................................................................    
*Delete if inappropriate.    

Form 13 (Rule 4-5 (12) )

NOTICE AND SUMMARY OF DOCUMENT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Identity and address of the addressee



IMPORTANT

The enclosed document is of a legal nature and may affect your rights and obligations. The "summary of the document to be served" will give you some information about its nature and purpose. You should, however, read the document itself carefully. It may be necessary to seek legal advice.

If your financial resources are insufficient, you should seek information on the possibility of obtaining legal aid or advice either in the country where you live or in the country where the document was issued.

Inquiries about the availability of legal aid or advice in the country where the document was issued may be directed to:

 

Legal Services Society

Suite 400 – 510 Burrard Street

Vancouver, BC  V6C 3A8

 

(Phone) (604) 601-6000

Summary of document to be served ...................................................................................................................

Name and address of the requesting authority .....................................................................................................

.......................................................................................................................................................................

*Particulars of the parties ..................................................................................................................................

.......................................................................................................................................................................

**Judicial document

Nature and purpose of the document ..................................................................................................................

Nature and purpose of the proceedings and if appropriate the amount in dispute ....................................................

.......................................................................................................................................................................

.......................................................................................................................................................................

**Date and place for entering response to civil claim ..............................................................................................

.......................................................................................................................................................................

.......................................................................................................................................................................

**Court which has given judgment ..................................................................................................................

**Date of judgment ...........................................................................................................................................

**Time limits stated in the document ................................................................................................................

.......................................................................................................................................................................

**Extrajudicial document

Nature and purpose of the document .....................................................................................................................

.......................................................................................................................................................................

**Time limits stated in the document ....................................................................................................................

.......................................................................................................................................................................

*If appropriate, identity and address of the person interested in the transmission of the document.

**Delete if inappropriate.


Form 14 (Rule 4-5 (13) )

CERTIFICATE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

The undersigned authority has the honour to certify, in conformity with Article 6 of the Convention.

1  That the document has been served*

– the ....................[dd/mmm/yyyy]....................

– at ....................[place, street, number]....................

– in one of the following methods authorized by Article 5

(a) in accordance with the provisions of subparagraph (a) of the first paragraph of Article 5 of the Convention*

(b) in accordance with the following particular method*: ........................................................

.............................................................................................................................................

(c) by delivery to the addressee, who accepted it voluntarily*.

The documents referred to in the request have been delivered to:

– [relationship of person to addressee (family, business or other)]*

......................................................................................................................................................................

2  That the document has not been served, by reason of the following facts*:

.............................................................................................................................................................

In conformity with the second paragraph of article 12 of the Convention, the applicant is requested to pay or reimburse the expenses detailed in the attached statement*

Annexes

Documents returned:    
..................................................................   Done at ...............................................................
..................................................................   the ......................[dd/mmm/yyyy]........................
In appropriate cases, documents

establishing the service: ...........................
   
..................................................................   Signature and/or stamp.
*Delete if inappropriate.    

Form 15 (Rule 4-6 (1) )

[Style of Proceeding]

AFFIDAVIT OF PERSONAL SERVICE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ...............[name]..............., of .......................[address]......................., ...............[occupation]..............., SWEAR (OR AFFIRM) THAT:

On ........[dd/mmm/yyyy]........, at ..........[time of day].........., I served ...............[name of person served]............... with the ..........[type of document].......... in this proceeding, a copy of which is attached to this affidavit and marked as Exhibit A, by handing it to and leaving it with that person at ........[city and country]........ .

 

SWORN (OR AFFIRMED) BEFORE ME    )  
at ...................................., British Columbia   )  
on ..............[dd/mmm/yyyy].............. .   ) ........................................................................
    )  
......................................................................................   )  
A commissioner for taking affidavits   )  
for British Columbia   )  
.....[print name or affix stamp of commissioner].....

Form 16 (Rule 4-6 (1) )

[Style of Proceeding]

AFFIDAVIT OF ORDINARY SERVICE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ...............[name]..............., of .......................[address]......................., ...............[occupation]..............., SWEAR (OR AFFIRM) THAT:

On ........[dd/mmm/yyyy]........, at ..........[time of day].........., I served ..........[name of person served].......... with the ..........[type of document].......... in this proceeding, a copy of which is attached to this affidavit and marked as Exhibit A, by

[ ]  leaving the document at ...............[the party's address for service]...............

[ ]  mailing the document by ordinary mail to ...............[the party's address for service]...............

[ ]  faxing the document to ..........[fax number].......... together with a fax cover sheet

[ ]  e-mailing the document to ..........[e-mail address]..........

 

SWORN (OR AFFIRMED) BEFORE ME    )  
at ...................................., British Columbia   )  
on ..............[dd/mmm/yyyy].............. .   ) ........................................................................
    )  
......................................................................................   )  
A commissioner for taking affidavits   )  
for British Columbia   )  
.....[print name or affix stamp of commissioner].....

Form 17 (Rules 4-6 (1), 5-1 (4), 5-2 (4), 5-4 (1), 8-1 (21.1) and (22), 8-5 (2),

9-4 (1),12-2 (6), 13-3 (25), 16-1 (16.1) and (17), 20-5 (3), 21-5 (4), 23-1 (9),

23-3 (10) and 23-5 (5) )

[Style of Proceeding]

REQUISITION – GENERAL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party(ies)].........................

Required:

This requisition is supported by the following:

[Include a description of supporting document(s). Each affidavit included on the list must be

identified as follows:
"Affidavit #.....[sequential number, if any, recorded in the top right hand

corner of the affidavit
]..... of ...............[name]..............., made ........[dd/mmm/yyyy]........".]

1

2

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Form 18 (Rule 4-6 (2) )

CERTIFICATE OF SERVICE BY SHERIFF

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ...............[name]..............., certify that on ..........[dd/mmm/yyyy].........., at ..........[time of day].........., I left a copy of this document at ...............[specify place of service]............... with .............................. .

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of sheriff or deputy sheriff

Form 19 (Rules 5-1 (1) and 23-2 (4) )

[Style of Proceeding]

NOTICE OF CASE PLANNING CONFERENCE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

A case planning conference has been set for this action:

[Check whichever one of the following boxes is correct and complete any required information.]

[ ]  at the request of ...............[party(ies)]................

[ ]  at the direction of the court

The case planning conference will be held at ..........[address of the registry in which the proceeding is being conducted]........... at ..........[time of day].......... on ..........[dd/mmm/yyyy].......... .

This case planning conference has been set to consider:

[Check whichever one of the following boxes is correct and complete any required information.]

[ ]   [in the case of a first case planning conference] the matters set out in the parties' respective case plan proposals

[ ]   [in the case of a subsequent case planning conference] ...........[Using numbered paragraphs, set out a brief summary of the matters to be considered.]...........

1

2

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Form 20 (Rule 5-1 (6) )

[Style of Proceeding]

CASE PLAN PROPOSAL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Party submitting this case plan proposal: ..............................................

Indicate the party's proposal with respect to the following steps:

Item Step If parties agree, step agreed to and its timing

[set out details or refer to attachment]
If parties disagree, party's proposal respecting step and its timing

[set out details or refer to attachment]
1 Discovery of documents [when list is to be produced, where documents are to be made available for inspection, electronic document protocol, etc.]    
2 Examinations for discovery [person to be discovered, date of discovery, duration of discovery, etc.]    
3 Dispute resolution procedures under Part 9 of the Supreme Court Civil Rules [what procedures to be used and when, etc.]    
4 Expert witnesses [area of expertise of expert, date report to be served, etc.]    
5 List of witnesses [date list to be served]    
6 Proposed mode of trial    
7 Estimated trial length    
8 Preferred period(s) for trial date    
9 Other [specify]    

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] party [ ] lawyer for party
 
...........................[type or print name]..........................

Form 21 (Rule 5-3 (4) )

[Style of Proceeding]

BEFORE



A JUDGE OF THE COURT



or



A MASTER OF THE COURT






......[dd/mmm/yyyy]......

CASE PLAN ORDER

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

AT A CASE PLANNING CONFERENCE conducted on ........[dd/mmm/yyyy]........ by ..........[judge/master].......... in the presence of ..........[names of attending counsel and parties]..........;

THIS COURT ORDERS that the parties comply with the attached case plan.

THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER

[A signature line in the following form must be completed and signed by or for each approving party.]

 

..............................................................................

Signature of [ ] party [ ] lawyer for .......[name of party(ies)].....

.........................[type or print name]........................

 

..............................................................................

Signature of

[ ] party [ ] lawyer for .......[name of party(ies)].....

.........................[type or print name]........................

 

  By the Court.
   
  ..................................................................................
    Registrar

 

Case Plan

1  Dispute resolution procedures

The parties have discussed resolution options including those under Part 9 of the Supreme Court Civil Rules and have agreed to the following:

[Check the box to the left of each step to be taken and fill in the agreed date.]

  Step Date by which step to be completed

[dd/mmm/yyyy]
  Offer to settle  
  Mediation  
  Special Case  
  Proceeding on point of law  
  Summary trial  
  Summary judgment application  
  Other [identify]  

A party may undertake any of the steps provided for in Part 9 of the Supreme Court Civil Rules whether or not the step is noted above.

2  Document production (Rule 7-1 of the Supreme Court Civil Rules)

The following steps will be completed by the date set out next to each step:

Step Date by which step to be completed

[if dates differ by party, indicate a date for each party]

[dd/mmm/yyyy]
Delivery of the lists of documents required under Rule 7-1  
Completion of an electronic document protocol  
Other [identify]  

3  Examinations for discovery (Rule 7-2 of the Supreme Court Civil Rules)

The following examinations for discovery will be conducted, not exceed the time limits indicated and be completed by the date indicated:

Examination by

(party name)
Examination of

(party and person name)
Time Limit Date by which step to be completed

[dd/mmm/yyyy]
       
       
       

4  Applications

The following applications are anticipated:

[Identify each anticipated application and fill in the proposed date.]

Application Date by which application

anticipated to be brought

[dd/mmm/yyyy]
   
   
   

A party may bring any other application whether or not that application is noted above.

5  Expert witnesses (Part 11 of the Supreme Court Civil Rules)

[For the following, complete the following Parts 1 and 2 for any expert evidence that the parties anticipate introducing at trial, and if the parties are unable to provide the information required under Part 1 or 2, complete the following Part 3.]

Part 1

Each party may tender the report of, or call to give oral opinion evidence, an expert with the following expertise:

Name of party who intends to call the expert

[if expert is being called jointly, specify "Joint"]
Area of Expertise
   
   
   

Part 2

The following steps will be taken by the date set out next to each step:

Step Date by which step to be completed

[if dates differ by party, indicate

a date for each party
]

[dd/mmm/yyyy]
Joint expert's report served  
Expert reports served  
Responding expert reports served  
Notices of objection to expert evidence served (Rule 11-6 (10) )  
Experts confer and serve report summarizing points of difference  
Other [identify]  
Other [identify]  

Part 3

If the information set out in the foregoing Part 1 or 2 is incomplete, the parties will apply to amend this order to complete that information by ........[dd/mmm/yyyy]........ .

6  Witnesses (Rule 7-4 of the Supreme Court Civil Rules)

The following steps will be completed by the date set out next to each step:

Step Date by which step to be completed

[if dates differ by party, indicate

a date for each party
]

[dd/mmm/yyyy]
Serve lists of witnesses to be called at trial  
Other [identify]  
Other [identify]  

7  Trial (Part 12 of the Supreme Court Civil Rules)

(a) Estimated length of the trial: ........[days]........;

(b) ................[party(ies)]................, will file a Notice of Trial in Form 40 to secure the trial date by ........[dd/mmm/yyyy]........ .

8  Other


Form 22 (Rule 7-1 (1) )

[Style of Proceeding]

LIST OF DOCUMENTS

Prepared by: ................[party]................ (the "listing party")

Part 1:  DOCUMENTS THAT ARE OR HAVE BEEN IN THE LISTING PARTY'S POSSESSION OR CONTROL AND THAT COULD BE USED BY ANY PARTY AT TRIAL TO PROVE OR DISPROVE A MATERIAL FACT

[Do not include documents listed under Part 2, 3 or 4.]

No. Date of document

[dd/mmm/yyyy]
Description of document Indicate by a check mark if

the document is no longer

in the listing party's

possession or control
Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed
1.1     [ ]  
1.2     [ ]  

Part 2:  OTHER DOCUMENTS TO WHICH THE LISTING PARTY INTENDS TO REFER AT TRIAL

[Do not include documents listed under Part 1, 3 or 4.]

No. Date of document

[dd/mmm/yyyy]
Description of document Indicate by a check mark if the document is no longer in the listing party's possession or control Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed
2.1     [ ]  
2.2     [ ]  

Part 3:  DOCUMENTS THAT RELATE TO A MATTER IN QUESTION IN THE ACTION

[List here all documents that are listed in response to a demand under Rule 7-1 (11) of the Supreme Court Civil Rules, and all documents that are listed in response to a court order under Rule 7-1 (14) of the Supreme Court Civil Rules, that have not been listed under Part 1 or 2. Do not include documents listed under Part 1, 2 or 4.]

No. Date of document

[dd/mmm/yyyy]
Description of document Indicate by a check mark if the document is no longer in the listing party's possession or control Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed
3.1     [ ]  
3.2     [ ]  

Part 4:  DOCUMENTS FOR WHICH PRIVILEGE FROM PRODUCTION IS CLAIMED

No. Date of document

[dd/mmm/yyyy]
Description of document Grounds on which privilege is claimed Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed
4.1        
4.2        

TAKE NOTICE that the documents listed in Part 1, 2 or 3 of this List of Documents that are not shown as no longer being in the listing party's possession or control may be inspected and copied, during normal business hours, at ................[specify location]................ .

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] listing party [ ] lawyer for listing party
 
...........................[type or print name]..........................

Form 23 (Rule 7-2 (13) )

[Style of Proceeding]

APPOINTMENT TO EXAMINE FOR DISCOVERY

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ..........[name of person to be examined]..........

TAKE NOTICE that you are required to attend for your examination for discovery at the place, date and time set out below. If you are not a named party, or a representative of a named party, to this action, you must, unless the court otherwise orders, bring with you all documents in your possession or control, not privileged, relating to the matters in question in this action. Please note the provisions of the Supreme Court Civil Rules reproduced below.

Place: .......................................................

Date: ................[dd/mmm/yyyy].................

Time: .......................................................

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] party wishing to conduct

examination [ ] lawyer for party(ies) wishing

to conduct examination
 
...........................[type or print name]..........................

Rules 22-7 (5) and 22-8 (4) of the Supreme Court Civil Rules state in part:

"22-7 (5) ... if a person, contrary to these Supreme Court Civil Rules and without lawful excuse,

(a)  refuses or neglects to obey a subpoena or to attend at the time and place appointed for his or her examination for discovery, ...

then

(f)  if the person is the plaintiff or petitioner, a present officer of a corporate plaintiff or petitioner or a partner in or manager of a partnership plaintiff or petitioner, the court may dismiss the proceeding, and

(g)  if the person is a defendant, respondent or third party, a present officer of a corporate defendant, respondent or third party or a partner in or manager of a partnership defendant, respondent or third party, the court may order the proceeding to continue as if no response to civil claim had been filed.

22-8 (4)  A person who is guilty of an act or omission described in Rule 12-5 (25) or 22-7 (5), in addition to being subject to any consequences prescribed by those rules, is guilty of contempt of court and subject to the court's power to punish contempt of court."


Form 24 (Rule 7-3 (1) )

[Style of Proceeding]

INTERROGATORIES

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Interrogatories on behalf of ......................[party(ies)]...................... for the examination of ......................[person(s) required to answer]......................:

[Set out numbered questions to be answered specifying the person to answer, if the questions are directed to more than one person.]

1

2

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] party serving interrogatories

[ ] lawyer for party(ies) serving interrogatories
 
...........................[type or print name]..........................

Form 25 (Rules 7-5 (5), 7-8 (5) and 12-5 (32) and (36) )

[Style of Proceeding]

SUBPOENA TO WITNESS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ......................[name and address]......................

TAKE NOTICE that you are required to attend to testify as a witness at the place, date and time set out below. You are also required to bring with you all documents in your possession or control relating to the matters in question in this proceeding [and, if applicable, the following physical objects]:

Please note the provisions of the Supreme Court Civil Rules reproduced below.

Place: .......................................................

Date: ................[dd/mmm/yyyy].................

Time: .......................................................

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] party serving subpoena

[ ] lawyer for party(ies) serving subpoena
 
...........................[type or print name]..........................

Rules 22-7 (5) and 22-8 (4) of the Supreme Court Civil Rules state in part:

"22-7 (5)  ... if a person, contrary to these Supreme Court Civil Rules and without lawful excuse,

(a) refuses or neglects to obey a subpoena or to attend at the time and place appointed for his or her examination for discovery,

then

(f) if the person is the plaintiff or petitioner, a present officer of a corporate plaintiff or petitioner or a partner in or manager of a partnership plaintiff or petitioner, the court may dismiss the proceeding, and

(g) if the person is a defendant, respondent or third party, a present officer of a corporate defendant, respondent or third party or a partner in or manager of a partnership defendant, respondent or third party, the court may order the proceeding to continue as if no response to civil claim had been filed.

22-8 (4)  A person who is guilty of an act or omission described in Rule 12-5 (25) or 22-7 (5), in addition to being subject to any consequences prescribed by those rules, is guilty of contempt of court and subject to the court's power to punish contempt of court."


Form 26 (Rule 7-7 (1) )

[Style of Proceeding]

NOTICE TO ADMIT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ......................[party(ies)]......................

TAKE NOTICE that the ......................[party(ies)]......................, ......................[name(s) of party(ies)]......................, requests the ......................[party(ies)]......................, ......................[name(s) of party(ies)]......................, to admit, for the purpose of this proceeding only, the facts set out below and the authenticity of the documents referred to below, copies of which are attached.

AND TAKE NOTICE that, unless the court otherwise orders, if the party to whom this notice is directed does not serve a written statement, as provided in Rule 7-7 (2) of the Supreme Court Civil Rules, within 14 days after service of a copy of this notice on him or her, then the truth of the facts and the authenticity of the documents will be deemed to be admitted.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] party serving notice to admit

[ ] lawyer for party(ies) serving notice to admit
 
...........................[type or print name]..........................

The facts, the admission of which is requested, are: [Set out facts, using a separate numbered paragraph for each fact requested to be admitted.]

1

2

The documents, the authenticity of which admission is requested, are: [List documents and attach copies of the documents to this notice to admit.]

1

2


Form 27 (Rule 7-8 (9) )

[Style of Proceeding]

ORDER FOR EXAMINATION OF PERSONS

OUTSIDE THE JURISDICTION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

BEFORE



THE HONOURABLE JUSTICE



or



MASTER






......[dd/mmm/yyyy]......

THE APPLICATION of ....................[party(ies)]...................., coming on before me on ........[dd/mmm/yyyy]........, and on hearing ......................[name of party/lawyer]...................... and ......................[name of party/lawyer]......................;

THIS COURT ORDERS that:

1 ........................[name].......................... of ......................[address]......................... is appointed an examiner for the purpose of taking the examination, cross-examination and re-examination orally, on oath or affirmation, of ...........[name of person to be examined]............ of ...........[address]............ and ..........[name of person to be examined].............. of ......................[address]...................... and of any other persons as the lawyers or agents of the parties mutually request the examiner in writing to examine, at ............................... in ..........[name of the province, state, or county]..........;
2 the lawyer for the applicant give to the lawyer for each of the other parties ........... days' notice in writing of the date on which the lawyer proposes to send this order to the examiner for execution, and that ........... days after service of the notice the lawyers for the parties respectively exchange the names of their lawyers or agents at ............................... to whom notice relating to the examination of the persons may be sent;
3 ........... days' notice (exclusive of Saturday and Sunday) before the examination of any person must be given by the examiner to the lawyer for or agent of each of the parties and to each person to be examined unless the notice is waived;
4 the examination be conducted in accordance with the enclosed instructions, with such modifications as may be necessary;
5 the depositions, together with any document referred to in them, or certified copy of or extract from the document, be sent promptly by the examiner to the Registrar of the Supreme Court of British Columbia at the courthouse at ......................[address]......................, who must deliver the depositions and documents to the applicants and provide copies to any party on request.

 

  By the Court.
   
  ..................................................................................
    Registrar

Form 28 (Rule 7-8 (9) )

[Style of Proceeding]

INSTRUCTIONS TO EXAMINER

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ......................[name and address]......................

You have been appointed Examiner to take the evidence of ........................ . A copy of the order appointing you is attached. The law of British Columbia will apply to the taking of this evidence.

The party wishing to examine ........[name of person to be examined]........ before you is required to serve ........[him/her]........ with a subpoena and tender the proper fees not fewer than ......... days before the date you fix for the examination.

The witness and any interpreter will be sworn or affirmed in accordance with the form set out below.

After the examination has been held and the evidence transcribed and the transcript certified by you as correct, you are to send the deposition and other documents by registered mail to the registrar, courthouse .......................[address]....................... .

 

Oath (or Affirmation) of Witness

Do you swear that the evidence that you will give in these proceedings will be the truth, the whole truth, and nothing but the truth, so help you God?

[OR]

Do you affirm that the evidence that you will give in these proceedings will be the truth, the whole truth, and nothing but the truth?

 

Interpreter's Oath

Will you truly, faithfully and without partiality to any party in this proceeding, and to the best of your ability, interpret and translate any oath or affirmation that will be administered and all questions that may be asked of any witness and his or her answers, so help you God?

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] party [ ] lawyer for party(ies)
 
...........................[type or print name]..........................

Form 29 (Rule 7-8 (10) )

[Style of Proceeding]

ORDER FOR ISSUE OF A LETTER OF REQUEST TO

JUDICIAL AUTHORITY OF ANOTHER JURISDICTION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

BEFORE   THE HONOURABLE JUSTICE         ....[dd/mmm/yyyy]....

ON THE APPLICATION of ......................[party(ies)]......................, coming on before me on ........[dd/mmm/yyyy]........, and on hearing ......................[name of party/lawyer]...................... and ......................[name of party/lawyer]......................;

THIS COURT ORDERS that:

1 the attached letter of request be issued;
2 the registrar, on receipt of the deposition taken under the letter of request, must deliver them to the applicant and provide copies to any party on request.

 

  By the Court.
   
  ..................................................................................
    Registrar

Form 30 (Rule 7-8 (10) )

[Style of Proceeding]

LETTER OF REQUEST FOR EXAMINATION

OF WITNESS OUT OF JURISDICTION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To the judicial authority of .............................. in the .............................. of .................................... .

Whereas this proceeding is now pending in the Supreme Court of British Columbia in which the plaintiff claims .................................:

And whereas it appears to me that it is necessary for the purposes of justice and for the due determination of the matters in question between the parties that the following persons should be examined on oath or affirmation relating to those matters, namely ................................. of ................................., and ................................. of .............................., and such other persons as the lawyers or agents of the parties mutually request you in writing to examine, and it appears that persons are residents within your jurisdiction:

Now I, ................................., a Judge of the Supreme Court of British Columbia, hereby request that, for the assistance of the court, you will be pleased to summon the lawyers or agents of the parties and the witnesses to be examined, to attend at such time and place as you appoint, either before you or such other person as according to your procedure is competent to take the deposition examination of witnesses, and that you will cause the witnesses to be examined orally or by interrogatories relating to the matters in question, in the presence of the lawyers or agents of the parties or such of them as, on due notice given, attend the examination:

And I further request that you permit the lawyer or agent of any party present to examine any witness called by the lawyer or agent and the lawyer or agent of any opposing party to cross-examine the witness and the lawyer or agent of the party calling the witness to re-examine the witness:

And I further request that you will be pleased to cause the evidence of each witness to be recorded verbatim, and any document produced on the examination to be marked for identification, and that you will be further pleased to authenticate the depositions taken on the examination and any document, or certified copy of the same or any extract therefrom by the seal of your tribunal or in such other way as is in accordance with your procedure, and to return the same, together with any interrogatories and a note of the charges and expenses payable in respect of the execution of this request to the Under Secretary of State for External Affairs of Canada at Ottawa, Canada [or, if the judicial authority to whom the letter is addressed is in Canada, to the Deputy Attorney General for the Province of British Columbia, Parliament Buildings, Victoria, British Columbia], for transmission to the Registrar of the Supreme Court of British Columbia at the courthouse at ................................. .

 

Dated: ................................................. .................................................................................
    A Judge of the Supreme Court

  of British Columbia

Form 31 (Rules 7-8 (17), 8-3 (1), 8-4 (1) and 17-1 (2) )

[Style of Proceeding]

REQUISITION FOR CONSENT ORDER OR FOR ORDER WITHOUT NOTICE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party(ies)].........................

Required:   [ ] An order by consent
    [OR]
    [ ] An order without notice
1 The rule or other enactment relied on is ......................[set out rule or enactment relied on]...................... .
2 Attached to this requisition is a draft of the order required.

[Check whichever one of the following boxes is correct and complete any required information.]

3 [ ]  Each party affected has consented to the order.
  [ ]  The evidence in support of the application is ............................................ .

[Check whichever one of the following boxes is correct and complete any required information.]

4 [ ]  No party is under a legal disability.
  [ ]  .....................[name of party]..................... is under a legal disability, namely .....................[set out legal disability]..................... .

 

[Complete the following if the filing of this requisition starts a proceeding]

This requisition is filed by .....................[name]....................., the .....................[plaintiff/defendant]..................... in this proceeding, whose address for service is as follows: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Form 32 (Rule 8-1 (4) )

[Style of Proceeding]

NOTICE OF APPLICATION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Name(s) of applicant(s): ..................................................................

To: ..................[name(s) of party(ies) or person(s) affected]..................

TAKE NOTICE that an application will be made by the applicant(s) to the presiding judge or master at the courthouse at ......................[address of registry in which the proceeding is being conducted]...................... on ........[dd/mmm/yyyy]........ at .........[time of day]........ for the order(s) set out in Part 1 below.

Part 1:  ORDER(S) SOUGHT

[Using numbered paragraphs, set out the order(s) that will be sought at the application and indicate against which party(ies) the order(s) is(are) sought.]

1

2

Part 2:  FACTUAL BASIS

[Using numbered paragraphs, set out a brief summary of the facts supporting the application.]

1

2

[If any party sues or is sued in a representative capacity, identify the party and describe the representative capacity.]

Part 3:  LEGAL BASIS

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal arguments on which the applicant(s) intend(s) to rely in support of the orders sought. If appropriate, include citation of applicable cases.]

1

2

Part 4:  MATERIAL TO BE RELIED ON

[Using numbered paragraphs, list the affidavits served with the notice of application and any other affidavits and other documents already in the court file on which the applicant(s) will rely. Each affidavit included on the list must be identified as follows: "Affidavit #........[sequential number, if any, recorded in the top right hand corner of the affidavit]........ of ......................[name]......................, made ........[dd/mmm/yyyy]........".]

1

2

The applicant(s) estimate(s) that the application will take ...........[time estimate]........... .

[Check the correct box.]

[ ] This matter is within the jurisdiction of a master.

[ ] This matter is not within the jurisdiction of a master.

TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to respond to this notice of application, you must, within 5 business days after service of this notice of application or, if this application is brought under Rule 9-7, within 8 business days after service of this notice of application,

(a) file an application response in Form 33,

(b) file the original of every affidavit, and of every other document, that

(i) you intend to refer to at the hearing of this application, and

(ii) has not already been filed in the proceeding, and

(c) serve on the applicant 2 copies of the following, and on every other party of record one copy of the following:

(i) a copy of the filed application response;

(ii) a copy of each of the filed affidavits and other documents that you intend to refer to at the hearing of this application and that has not already been served on that person;

(iii) if this application is brought under Rule 9-7, any notice that you are required to give under Rule 9-7 (9).

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] applicant [ ] lawyer for applicant(s)
 
...........................[type or print name]..........................
To be completed by the court only:    
     
Order made    
[ ]   in the terms requested in paragraphs ...................... of Part 1 of this notice of application
[ ]   with the following variations and additional terms:
    ...............................................................................................................
    ...............................................................................................................
    ...............................................................................................................
     
Date: .......[dd/mmm/yyyy]........    
    ....................................................

Signature of [ ] Judge [ ] Master

Appendix

[The following information is provided for data collection purposes only and is of no legal effect.]

THIS APPLICATION INVOLVES THE FOLLOWING:

[Check the box(es) below for the application type(s) included in this application.]

[ ] discovery: comply with demand for documents
[ ] discovery: production of additional documents
[ ] other matters concerning document discovery
[ ] extend oral discovery
[ ] other matter concerning oral discovery
[ ] amend pleadings
[ ] add/change parties
[ ] summary judgment
[ ] summary trial
[ ] service
[ ] mediation
[ ] adjournments
[ ] proceedings at trial
[ ] case plan orders: amend
[ ] case plan orders: other
[ ] experts

Form 33 (Rule 8-1 (10) )

[Style of Proceeding]

APPLICATION RESPONSE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Application response of: ......................[party(ies)]......................, (the "application respondent(s)")

THIS IS A RESPONSE TO the notice of application of ......................[party(ies)]...................... filed ........[dd/mmm/yyyy]........ .

Part 1:  ORDERS CONSENTED TO

The application respondent(s) consent(s) to the granting of the orders set out in the following paragraphs of Part 1 of the notice of application on the following terms: ........[set out paragraph numbers and any proposed terms]........ .

Part 2:  ORDERS OPPOSED

The application respondent(s) oppose(s) the granting of the orders set out in paragraphs ........[list paragraph numbers]........ of Part 1 of the notice of application.

Part 3:  ORDERS ON WHICH NO POSITION IS TAKEN

The application respondent(s) take(s) no position on the granting of the orders set out in paragraphs ........[list paragraph numbers]........ of Part 1 of the notice of application.

Part 4:  FACTUAL BASIS

[Using numbered paragraphs, set out a brief summary of the facts on which the orders sought in the application should not be granted.]

1

2

Part 5:  LEGAL BASIS

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal arguments on which the application respondent(s) intend(s) to rely in opposing the orders sought in the application. If appropriate, include citation of applicable cases.]

1

2

Part 6:  MATERIAL TO BE RELIED ON

[Using numbered paragraphs, list the affidavits served with this application response and any other affidavits and other documents already in the court file on which the application respondent(s) will rely. Each affidavit included on the list must be identified as follows: "Affidavit #.........[sequential number, if any, recorded in the top right hand corner of the affidavit]......... of ...................[name]...................., made ...........[dd/mmm/yyyy]...........".]

1

2

The application respondent(s) estimate(s) that the application will take ...........[time estimate]........... .

[Check whichever one of the following is correct and complete any required information.]

[ ] The application respondent has filed in this proceeding a document that contains the application respondent's address for service.
[ ] The application respondent has not filed in this proceeding a document that contains an address for service. The application respondent's ADDRESS FOR SERVICE is: ......................[Set out the application respondent's address(es) for service in compliance with Rule 4-1 (1) of the Supreme Court Civil Rules and any additional address(es) under Rule 4-1 (2) that the application respondent wishes to include.]...................... .
Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] application respondent

[ ] lawyer for application respondent(s)
 
...........................[type or print name]..........................

Form 34 (Rules 8-3 (1), 13-1 (3) and 17-1 (2) )

[Style of Proceeding]

CONSENT ORDER

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

BEFORE



[ ] A JUDGE OF THE COURT

    or

[ ] A MASTER OF THE COURT

    or

[ ] A REGISTRAR






......[dd/mmm/yyyy]......

ON THE APPLICATION of ................................[party(ies)]................................, without a hearing and by consent;

THIS COURT ORDERS that:

1

2

3

THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS NOTED ABOVE:

[A signature line in the following form must be completed and signed by or for each consenting party.]

 

..............................................................................

Signature of [ ] party [ ] lawyer for .......[name of party(ies)].....

.........................[type or print name]........................

 

..............................................................................

Signature of

[ ] party [ ] lawyer for .......[name of party(ies)].....

.........................[type or print name]........................

 

  By the Court.
   
  ..................................................................................
    Registrar

Form 35 (Rules 8-4 (1), 13-1 (3) and 17-1 (2) )

[Style of Proceeding]

ORDER MADE AFTER APPLICATION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]

BEFORE



THE HONOURABLE JUSTICE ................

or A JUDGE OF THE COURT

or

MASTER ...................................................

or A MASTER OF THE COURT




......[dd/mmm/yyyy]......

[Select whichever one of the 3 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]

ON THE APPLICATION of ......................[party(ies)]...................... coming on for hearing at ...................... on ........[dd/mmm/yyyy]........ and on hearing ................ [name of party/lawyer] ................ and ................[name of party/lawyer]................;

ON THE APPLICATION of ......................[party(ies)]...................... without notice coming on for hearing at ...................... on ........[dd/mmm/yyyy]........ and on hearing ................[name of party/lawyer]................;

ON THE APPLICATION of ......................[party(ies)]...................... without a hearing and on reading the materials filed by ................[name of party/lawyer]................ and ................[name of party/lawyer]................;

THIS COURT ORDERS that:

[If any of the following orders are by consent, indicate that fact by adding the words "By consent," to the beginning of the description of the order.]

1

2

3

THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:

[A signature line in the following form must be completed and signed by or for each approving party.]

 

..............................................................................

Signature of

[ ] party [ ] lawyer for .......[name of party(ies)].....

.........................[type or print name]........................

 

..............................................................................

Signature of

[ ] party [ ] lawyer for .......[name of party(ies)].....

.........................[type or print name]........................

By the Court.

.................................................................................

Registrar


Form 36 (Rule 9-8 (1) )

[Style of Proceeding]

NOTICE OF DISCONTINUANCE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .................[party(ies)].................

TAKE NOTICE that .................[party(ies)].................

[Check whichever one of the following boxes is correct and complete the required information.]

[ ] discontinue(s) this proceeding against .................[party(ies)].................
[ ] discontinue(s) the following claim(s) in this proceeding against .................[party(ies)].................:
  (a)
  (b)
  (c)

[Check the correct box(es).]

[ ] Notice of trial has not been filed
[ ] Notice of trial has been filed and this discontinuance is
  [ ]  with the consent of all parties of record
  [ ]  by leave of the court

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Form 37 (Rule 9-8 (3) )

[Style of Proceeding]

NOTICE OF WITHDRAWAL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party(ies)].........................

TAKE NOTICE that the defendant(s), ..............................[name(s)]..............................,

[Check whichever one of the following boxes is correct and complete the required information.]

[ ] withdraw(s) ........[his/her/their]........ response to civil claim in this proceeding
[ ] withdraw(s) ........[his/her/their]........ response to civil claim in respect of the following claim(s) in this proceeding:
  (a)
  (b)
  (c)

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Form 38 (Rule 10-2 (2) )

[Style of Proceeding]

SECURITY FOR RECEIVER

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Date of this guarantee: ........[dd/mmm/yyyy]........

Name and address of receiver: ...................................................................

Name and registered office of surety: .......................................................

Liability of surety under this guarantee: $......................

Annual premium: $......................

This guarantee is made between the RECEIVER, THE SURETY AND HER MAJESTY THE QUEEN in right of British Columbia.

1 The receiver and the surety hereby jointly and severally covenant with Her Majesty the Queen in right of British Columbia that the receiver will, from time to time, duly account for what the receiver has already received since the date of the order appointing the receiver and will hereafter receive or for what since the date of the order the receiver has or will hereafter become liable to pay or account for as receiver [and manager] and will pay every sum of money and deliver every property that the court may direct.
2 If the receiver does not, for every successive 12 months computed from the date of the receiver's appointment, pay at the office of the surety the annual premium noted above, then the surety may apply to be relieved from all further liability under this guarantee, except in respect of any damage or loss occasioned by any act or default of the receiver in relation to the receiver's duties as receiver [and manager] prior to the hearing and determination of the application.
3 A statement under the hand of the registrar of the amount that the receiver is liable to pay and has not paid under paragraph 1 and that the loss or damage has been incurred through the act or default of the receiver is conclusive evidence in any action by Her Majesty against the receiver and surety, or either of them, or by the surety against the receiver, of the truth of the contents of the statement and constitutes a binding charge not only against the receiver and the receiver's personal representatives, but also against the surety and its funds and property without it being necessary for Her Majesty to take any proceedings against the surety and the surety's funds and property and without it being necessary for Her Majesty to take any proceedings against the receiver for the recovery thereof and without any further or other proof being given in that behalf in any action to enforce this guarantee.
4 The liability of the surety under this guarantee is limited to the sum noted above, provided that the registrar may give his or her approval in writing to the reduction of the liability of the surety, in which event the surety's maximum liability with respect to any acts or omissions of the receiver subsequent to the date of the approval is reduced accordingly and provided further that an endorsement executed by the surety increasing the liability of the surety will be binding on the surety with respect to any acts or omissions of the receiver subsequent to the date of that endorsement.
5 The receiver will, on being discharged from office or on ceasing to act as receiver [and manager], promptly give written notice of that discharge to the surety, and also within 7 days after the notice give the surety a copy of any order discharging the receiver.
6 The receiver and the receiver's personal representatives will at all times hereafter indemnify the surety against all loss, damage, costs, and expenses that the surety sustains by reason of the surety having executed this guarantee.

In witness whereof, the receiver has hereunder set his or her hand and seal and the surety has caused its common seal to be affixed ........[dd/mmm/yyyy]........ .

SURETY          [SEAL]

RECEIVER       [SEAL]

 

Date: ................[dd/mmm/yyyy]................. Approved: ...............................................................

Registrar

Endorsement to Guarantee No.

The liability of the surety under this guarantee has been increased from $...................... to $......................, effective ........[dd/mmm/yyyy]........ with respect to any acts or omissions of the receiver subsequent to that date.

SURETY          [SEAL]


Form 39 (Rule 10-2 (2) )

[Style of Proceeding]

SECURITY OF RECEIVER BY UNDERTAKING

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, .............................., of .............................., in the .............................. of .............................., the receiver [and manager] appointed by order made on ........[dd/mmm/yyyy]........ by ........................... in this proceeding, hereby undertake to the court duly to account for all money and property received by me as receiver [and manager] or for which I may be held liable, and to pay the balance from time to time found due from me and to deliver any property received by me as receiver [and manager] at such times and in such manner as the court directs.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Receiver [Manager]

And we ..............................[names and addresses of sureties].............................. hereby jointly and severally undertake to the court to be answerable for any default by .........................[name of receiver]......................... as receiver [and manager] and on such default to pay as the court directs any amounts not exceeding in the whole $.................... that may from time to time be certified by the registrar to be due from the receiver, and we submit to the jurisdiction of the court to determine any claim made under this undertaking.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Surety
.....................[dd/mmm/yyyy]...................... .................................................................................
  Surety
   
.....................[dd/mmm/yyyy]...................... Approved: ...............................................................

Registrar

Endorsement to Security

The liability of the surety under this guarantee has been increased from $.................... to $...................., effective ........[dd/mmm/yyyy]........ with respect to any acts or omissions of the receiver subsequent to that date.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Surety

Form 40 (Rule 12-1 (2) )

[Style of Proceeding]

NOTICE OF TRIAL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party(ies)].........................

TAKE NOTICE that the trial of this proceeding has been set down at the following place, date and time:

City  
Address of Courthouse  
Date [dd/mmm/yyyy]  
Time  

 

  ..................................................................................

  Registrar

[Check whichever one of the following boxes is correct and complete any required information.]

The place of trial set out above is:

  [ ]  the place of trial set out in the notice of civil claim.
  [ ]  set out in the order of this Honourable Court dated ........[dd/mmm/yyyy]........ .

[Check whichever one of the following boxes is correct and complete the required information.]

[ ] All parties of record in this action agree that not more than .................... is a reasonable time for the hearing of all evidence and argument in this action.
[ ] There is a disagreement as to the estimate of a reasonable time for the hearing of all evidence and argument in this action. The estimates of the parties of record are as follows:
Name of party Time Estimate
   
   

I undertake to pay all hearing fees payable under Appendix C, Schedule 1, Item 10.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Contact information for the parties and their lawyers is as follows:

[Set out the full names, addresses and telephone numbers of all lawyers having conduct of this action and of all parties of record who are not represented by a lawyer and, in addition, any email addresses or fax numbers that may be used for contact purposes.]


Appendix

[The following information is provided for data collection purposes only and is of no legal effect.]

Part 1: THIS CLAIM INVOLVES THE FOLLOWING:

[Check one box below for the case type that best describes this case.]

[ ]  a motor vehicle accident

[ ]  a personal injury, other than one arising from a motor vehicle accident

[ ]  a dispute about real property (real estate)

[ ]  a dispute about personal property

[ ]  the lending of money

[ ]  the provision of goods or services or other general commercial matters

[ ]  an employment relationship

[ ]  a dispute about a will or other issues concerning the probate of an estate

[ ]  a matter not listed here

Part 2:

[If an enactment is being relied on, specify. Do not list more than 3 enactments.]


Form 41 (Rule 12-2 (3) )

[Style of Proceeding]

TRIAL BRIEF

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .................[party]................. (the "filing party")

[The pages of this trial brief must be consecutively numbered. If this trial brief is more than 5 pages in length, it must include an index.]

The trial of this action is scheduled for ................[number of days scheduled for trial]................ days and is scheduled to begin on ........[dd/mmm/yyyy]........ .

1  Summary of Issues and Positions

The following are the issues in dispute and the filing party's position on each:

Issue in dispute Filing party's position
1 1
2 2

2  Witnesses to Be Called

The following are the names and addresses of the witnesses the filing party intends to call at trial, and an estimate of the time each witness will need for giving direct evidence:

Name Address Time needed
     
     

3  Expert Reports

The following are the expert reports the filing party intends to offer as evidence at trial:

Name of expert Date of report
   
   

4  Witnesses to Be Cross-Examined

The following are the names of the witnesses the filing party anticipates cross-examining at trial, and an estimate of the time the filing party will need for each:

Name Time needed
   
   

5  Documents and Exhibits

The following are the documents and other exhibits the filing party intends to tender at trial:

1

2

6  Authorities

The following are the authorities the filing party intends to rely on at trial:

1

2

7  Order

The following are the terms of the order the filing party will seek at trial:

1

2

8  Time required for submissions

The filing party estimates that ........[time estimate]........ will be required for that party's opening statement and ........[time estimate]........ will be required for that party's final submissions.

9 Orders that may affect the conduct of the trial

The following orders contain provisions that may affect the conduct of the trial:

Date of order Nature of order
   
   
   

10 Trial to be heard with or without jury

[Check the correct box.]

The trial of this action is to be heard by the court

[ ] without a jury.

[ ] with a jury.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party
 
...........................[type or print name]..........................

Form 42 (Rule 12-4 (1) )

[Style of Proceeding]

TRIAL CERTIFICATE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party].........................

I, ....................[name]...................., ........[the plaintiff/lawyer for the plaintiff/defendant/lawyer for the defendant]........, CERTIFY THAT:

1 I will be ready to proceed on the scheduled trial date, ........[date trial is scheduled to begin – dd/mmm/yyyy]........, at ..............[place of trial]................ .
2 My current estimate is that the trial will last ................ days.
3 I have completed all examinations for discovery.
4 A trial management conference has been conducted in this action.
5 If the action is settled before trial, I will give the registrar prompt notice of the settlement.
6 I will give the registrar prompt notice of any proposed adjournment of the trial.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party
 
...........................[type or print name]..........................

Form 43 (Rule 12-5 (8) )

[Style of Proceeding]

NOTICE TO PRODUCE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ......................[party(ies)]......................

TAKE NOTICE that ....................[party(ies)].................... require(s) you to produce at the trial of this action

[Check the correct box(es) and complete the required information.]

[ ] the following document(s) listed by you in your list of documents prepared under Rule 7-1:

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

[ ] the following physical object(s) in your possession or control:

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

Date: ................[dd/mmm/yyyy]................. ..................................................................................

Signature of [ ] party requiring production

[ ] lawyer for party(ies) requiring production
...........................[type or print name].........................

Form 44 (Rules 12-5 (15) and 22-4 (4) and (5) )

[Style of Proceeding]

NOTICE OF INTENTION TO PROCEED

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party(ies)].........................

To: .........................[party(ies)].........................

TAKE NOTICE that ....................[party(ies)].................... intend(s) to proceed with this proceeding.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Form 45 (Rule 12-5 (21) )

[Style of Proceeding]

NOTICE OF INTENTION TO CALL ADVERSE PARTY AS A WITNESS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: .......................[name and address].......................

TAKE NOTICE that ........................[party(ies)]........................ require(s) you to appear at the trial of this action at ........[time of day]........ on ........[dd/mmm/yyyy]........ at ..............[place of trial]............... for the purpose of being called as a witness under Rule 12-5 (20), (21) or (22) of the Supreme Court Civil Rules.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] party requiring appearance

[ ] lawyer for party requiring appearance
 
...........................[type or print name]..........................

Rule 12-5 (25) states:

(25)  If a person called as a witness in accordance with subrule (21) or (22) refuses or neglects to attend at the trial, to be sworn or to affirm, to answer a proper question put to the person or to produce a document that the person is required to produce, the court may do one or more of the following:

(a)  grant judgment in favour of the party who called the witness;

(b)  adjourn the trial;

(c)  make an order as to costs;

(d)  make any other order it considers will further the object of these Supreme Court Civil Rules.


Form 46 (Rule 12-5 (38) )

[Style of Proceeding]

WARRANT AFTER SUBPOENA

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To any Peace Officer

WHEREAS ....................[name and address of person].................... was subpoenaed to give evidence at the trial of this proceeding and failed to attend [or failed to remain in attendance];

THIS COURT ORDERS you to apprehend and bring him or her promptly before the court at ............................................................ and, after that, to deal with him or her as directed.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  A Judge of the Supreme Court of

   British Columbia
 
...........................[type or print name]..........................

Form 47 (Rule 12-6 (3) )

[Style of Proceeding]

NOTICE REQUIRING TRIAL BY JURY

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: ....................[party(ies)].................... (the "filing party(ies)")

TAKE NOTICE that the filing party(ies) require(s) the trial of this proceeding to be by a judge with a jury.

Scheduled trial date: ....[date trial is scheduled to begin – dd/mmm/yyyy]....

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Form 48 (Rule 13-1 (3) )

[Style of Proceeding]

ORDER AFTER TRIAL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

BEFORE    THE HONOURABLE JUSTICE        .....[dd/mmm/yyyy].....

THIS ACTION coming on for trial at ............................, on ........[dd/mmm/yyyy]........, and on hearing ......................[name of party/lawyer]...................... and ......................[name of party/lawyer]......................, [add the following if applicable: AND JUDGMENT being reserved to this date]:

THIS COURT ORDERS that:

1

2

3

[If any of the following orders are by consent, indicate that fact by adding the words "By consent," to the beginning of the description of the order.]

THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:

[A signature line in the following form must be completed and signed by or for each approving party.]

 

..............................................................................

Signature of [ ] party  [ ] lawyer for .......[name of party(ies)].....

.........................[type or print name]........................

..............................................................................

Signature of [ ] party  [ ] lawyer for .......[name of party(ies)].....

.........................[type or print name]........................

By the Court.

..................................................................................

Registrar


Form 49 (Rules 13-1 (12), 14-1 (21), (24) and (25) and 18-1 (6) )

[Style of Proceeding]

APPOINTMENT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I appoint:

Time: .......................................................

Date: ................[dd/mmm/yyyy].................

Place: .......................................................

as the time and place for the: [Check the correct box(es) and complete any required information.]

[ ]  assessment of the bill of costs of .........................[party(ies)].........................

[ ]  review of the bill of ................[name of lawyer or law firm]................

[ ]  examination of the agreement between ...............[lawyer]............... and ...............[client]...............

[ ]  settlement of the terms of the order of ........[Mr. Justice, Madam Justice or Master]........ made ........[dd/mmm/yyyy]........

[ ]  passing of accounts of ..........[executor, administrator, receiver or other]..........

[ ]  reference under the Court Order Enforcement Act

[ ]  reference ordered by........[Mr. Justice, Madam Justice or Master]........

[ ]  assessment of sheriff's fee

[ ]  other

Attached to this Appointment ......[is/are]...... the [ ] bill(s) of costs [ ] lawyer's bill(s) [ ] sheriff's bill(s) [ ] agreement(s) [ ] order(s) that ......[is/are]...... the subject of this Appointment.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Master, Registrar or Special Referee
To: ........................[name]........................
 

TAKE NOTICE of the above appointment.

The person seeking appointment believes the matter for which this appointment was sought:

[Check all of the following boxes that are correct and complete the required information.]

[ ]  is [ ]  is not of a time consuming or contentious nature

[ ]  will require approximately ........[time estimate]........ to complete

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] person seeking appointment

[ ] lawyer for person seeking appointment
 
...........................[type or print name]..........................

Address and telephone number of person seeking appointment or lawyer for person seeking appointment:

Name: .......................................................

Address: ...................................................

..................................................................

Telephone: ................................................


Form 50 (Rule 13-2 (1) )

[Style of Proceeding]

WRIT OF SEIZURE AND SALE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Name and address of lawyer or person causing this writ to be issued: ................................................

To the Sheriff

You are commanded promptly to seize and sell at public auction or by tender for the best available price sufficient of the goods and chattels of the undermentioned person to realize the sums set out on the back of this writ, that are payable by virtue of the attached order of this Honourable Court, together with your costs, fees and expenses for executing this writ.

After carrying out the above instructions, you must pay to the person specified on the back of this writ from the amount realized the sum or sums that are payable to him or her and account therefor by return to the court.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
    Registrar

[Back]

Name and address of person whose goods and chattels are to be seized: .......................................................

Amount remaining due and payable on judgment: $...............

Amount of costs remaining due and payable: $...............

Amount of interest on judgment and costs remaining due and payable: $...............

Costs of party entitled to execution: $...............

Sheriff's costs [to be filled in by Sheriff]: $...............

Total [to be filled in by Sheriff]: $...............

Identity of person entitled to payment of judgment: ................................................


Form 51 (Rule 13-2 (2) and (4) )

[Style of Proceeding]

WRIT OF SEQUESTRATION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Name and address of lawyer or person causing this writ to be issued: ................................................ .

To the Sheriff

You are authorized and commanded to enter on and take possession of all the real and personal estate of ........................................ and to collect and receive the rents and profits of his or her real and personal estate and keep the same under sequestration in your hands until you are satisfied that that person has complied with the attached order and has paid the costs, fees and expenses of execution of the person entitled to execution and the costs, fees and expenses for executing this writ.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
    Registrar

Form 52 (Rule 13-2 (3) )

[Style of Proceeding]

WRIT OF POSSESSION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Name and address of lawyer or person causing this writ to be issued: ................................................ .

To the Sheriff

WHEREAS it was ordered, on ........[dd/mmm/yyyy]........, that

[Check whichever one of the following boxes is correct and complete the required information.]

[ ]  the defendant, .............................., deliver to the plaintiff, ......................................,

[ ]  the plaintiff, ................................., recover from the defendant, ..............................,

possession of ....................[set out address and, if available, legal description of land].................... (the "land");

YOU ARE COMMANDED promptly to enter the land and cause ....................[name].................... to have possession of it;

AND YOU ARE ALSO COMMANDED promptly to seize and sell at public auction or tender for the best price available sufficient of the goods and chattels of ....................[name].................... to realize the plaintiff's costs, fees and expenses of execution and the costs, fees and expenses for executing this writ.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
    Registrar

Form 53 (Rule 13-2 (4) )

[Style of Proceeding]

WRIT OF DELIVERY

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Name and address of lawyer or person causing this writ to be issued: ................................................ .

To the Sheriff

WHEREAS it was, on ........[dd/mmm/yyyy]........, ordered that the defendant, .............................., deliver to the plaintiff, ........................................, the following goods: ................................[describe the goods]................................;

YOU ARE COMMANDED promptly to cause the goods to be delivered to ....................................;

AND YOU ARE ALSO COMMANDED promptly to seize and sell at public auction or tender for the best price available sufficient of the goods and chattels of .................................... to realize the plaintiff's costs, fees and expenses of execution and the costs, fees and expenses for executing this writ.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
    Registrar

Form 54 (Rule 13-2 (4) )

[Style of Proceeding]

WRIT OF DELIVERY OR ASSESSED VALUE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Name and address of lawyer or person causing this writ to be issued: ................................................ .

To the Sheriff

WHEREAS it was, on ........[dd/mmm/yyyy]........, ordered that the defendant, ...................................., deliver to the plaintiff, ...................................., the following goods: ................................[describe the goods]................................;

YOU ARE COMMANDED promptly to cause the goods to be delivered to ....................................;

AND YOU ARE ALSO COMMANDED promptly to seize and sell at public auction or tender for the best price available sufficient of the goods and chattels of ........................................ to realize the plaintiff's costs, fees and expenses of execution and the costs, fees and expenses for executing this writ;

If the goods that you are to have delivered to ........................................ cannot be found within British Columbia, then you are commanded to realize, in addition to any other sums referred to in this writ, from the goods and chattels of ........................................, the sum of $..............., together with your costs, fees and expenses of so doing and pay the sum to the plaintiff together with the plaintiff's costs, fees and expenses of execution.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
    Registrar

Form 55 (Rule 13-2 (29) )

[Style of Proceeding]

ACKNOWLEDGMENT OF PAYMENT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I ACKNOWLEDGE PAYMENT of $................... in [ ] full [ ] partial satisfaction of the judgment dated ........[dd/mmm/yyyy]........ .

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of party receiving payment
 
...........................[type or print name]..........................

 

Signed ........[dd/mmm/yyyy]........ in the presence of

................................[name]....................................

................................[address].................................

................................[occupation]............................


Form 56 (Rules 13-3 (1) and 14-1 (8)

and Section 6 (3) of Appendix B)

[Style of Proceeding]

SUBPOENA TO DEBTOR

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ....................[name]....................

TAKE NOTICE that the amount set out in the endorsement below is now owing by the debtor ....................[name].................... on the order dated ........[dd/mmm/yyyy]........, a copy of which is attached.

YOU ARE REQUIRED TO APPEAR PERSONALLY at the courthouse at .................[address]................. at ........[time of day]........ on ........[dd/mmm/yyyy]........ to be examined on oath as to:

(a) the income and property of the debtor,

(b) the debts owed to and by the debtor,

(c) the disposal the debtor has made of any property, and

(d) the means the debtor has, or has had, or in future may have, of satisfying the order.

WARNING: Failure to attend at the hearing of this subpoena can result in your arrest and committal to prison WITHOUT DELIVERY TO YOU OF ANY FURTHER NOTICE OR DOCUMENT.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] creditor [ ] lawyer for creditor(s)
 
...........................[type or print name]..........................

Address for service of creditor(s): ................................................................................

 

Endorsement of Amount Payable

[Set out, in the form of an account, the amount of the debt or instalment owing, the costs incurred on the order and of proceedings subsequent to the order, the amounts paid and dates of payment, the interest owing and how computed.]

Subtotal $................
Add Expenses of service by sheriff [to be

endorsed by officer serving at the time of service
]
$................


Total amount payable $................

If the total amount payable is paid to the creditor or into court for the account of the creditor before the date of the hearing, you are excused from attending.


Form 57 (Rule 13-3 (8) )

[Style of Proceeding]

EXAMINER'S REPORT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, .................................., a registrar designated as an examiner by the Chief Justice of the Supreme Court of British Columbia under Rule 13-3 (5) (c) of the Supreme Court Civil Rules, report:

1 that a subpoena was issued under Rule 13-3 (1) directed to .................................. . A copy of the subpoena is attached;
2 that the subpoena was served in accordance with the provisions of Rule 13-3 (3) and proof of service filed;
3 that the person subpoenaed:
  [Check the correct box(es).]
     [ ] did not attend as required at the hearing;
     [ ] refused to be sworn or to affirm or to answer any question put to the person at the hearing;
     [ ] after an order to that effect, refused or neglected to produce or permit to be inspected any document or property;
     [ ] did not give answers that were to the satisfaction of the examiner;
4 that the lawyer for the creditor appeared at the time and place and on the date fixed for the hearing;
5 that under Rule 13-3 (8) I have fixed ........[dd/mmm/yyyy]........ at ........[time of day]........ at the courthouse at ....................[address].................... as the time and place for appearance before the court.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
    Examiner

Form 58 (Rules 13-3 (12) and 14-1 (8)

and Section 6 (3) of Appendix B)

[Style of Proceeding]

NOTICE OF APPLICATION FOR COMMITTAL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ....................[name of person]....................

WHEREAS on ........[dd/mmm/yyyy]........ the creditor, ....................[name]...................., obtained against you an order to pay ....................[set out terms of order]...................., and the creditor alleges that you have failed or neglected to make payment in accordance with the order and that you knew of the order;

TAKE NOTICE that an application will be made by the creditor at the courthouse at ....................[address].................... at ........[time of day]........ on ........[dd/mmm/yyyy]........ for an order committing you to prison;

AND TAKE NOTICE that the creditor will rely on the following affidavit(s) in support of the application:

[Using numbered paragraphs, list the affidavits on which the creditor will rely. Each affidavit included on the list must be identified as follows: "Affidavit #.......... [sequential number, if any, recorded in the top right hand corner of the affidavit].......... of ....................[name]...................., made ........[dd/mmm/yyyy]........".]

1

2

WARNING: Failure to attend at the hearing of this application can result in your arrest and committal to prison WITHOUT SERVICE ON YOU OF ANY FURTHER NOTICE OR DOCUMENT.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] creditor [ ] lawyer for creditor(s)
 
...........................[type or print name]..........................

Address for service of creditor(s): ................................................................

 

Endorsement of Amount Payable

[Set out, in the form of an account, the amount of the debt or instalment owing, the costs incurred on the order and on proceedings subsequent to the order, the amounts paid and the dates of payment and the interest owing and how it was computed.]

Subtotal $................
Add Expenses of service $................


Total amount payable $................





If the total amount payable is paid to the creditor or into court for the account of the creditor before the date of the hearing, you are excused from attending.


Form 59 (Rules 13-3 (15) and 14-1 (8)

and Section 6 (3) of Appendix B)

[Style of Proceeding]

ORDER OF COMMITTAL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

BEFORE THE HONOURABLE JUSTICE     ....[dd/mmm/yyyy]....

THIS COURT ORDERS that:

1 by reason of ...........................[grounds of committal]..........................., .................[person to be committed]................. be committed to prison for .......... days;
2 the sheriff and all peace officers arrest .................[person to be committed]................. and bring him or her promptly before this court at ..............................[address].............................. and, unless otherwise ordered, deliver him or her to the warden of ....................[name of prison]....................;
3 the warden receive .................[person to be committed].............. and keep him or her for .......... days from his or her arrest under this order or until he or she is sooner discharged by due process of law.

 

  By the Court.
   
  ..................................................................................
    Registrar

This order is in force for one year only from the date of the order.

Endorsement of Amount Payable

[Set out, in the form of an account, the amount of the debt or instalment owing, the costs incurred on the order and on the proceedings subsequent to the order, the amounts paid and the dates of payment and the interest owing and how it was computed.]

Subtotal $................
Add  
1  Expenses of service $................

2  Maintenance money [to be endorsed by

warden at the time payment is tendered
]


$................


Total amount payable $................





If the total amount payable is paid to the registrar, or to the sheriff or peace officer or warden who has you in his or her custody, then this order will be discharged.


Form 59.1 (Rule 13-4 (10) )

[Style of Proceeding]

APPOINTMENT FOR EXAMINATION IN AID OF EXECUTION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ..........[name of person to be examined]..........

TAKE NOTICE that you are required to attend for an examination for discovery in aid of execution at the place, date and time set out below. You must, unless the court otherwise orders, bring with you all documents in your possession or control, not privileged, relating to the matters referred to in Rule 13-4 (2), which rule is reproduced below.

Place: .......................................................

Date: ................[dd/mmm/yyyy].................

Time: .......................................................

Date: ................[dd/mmm/yyyy]................. ..................................................................................

Signature of [ ] party wishing to conduct examination [ ] lawyer for party(ies) wishing to conduct examination

...........................[type or print name]..........................

Rule 13-4 (2) of the Supreme Court Civil Rules states:

Examination of judgment debtor

   (2) If a judgment creditor is entitled to issue execution on or otherwise enforce an order of the court, the judgment creditor may examine the judgment debtor for discovery as to

(a) any matter pertinent to the enforcement of the order,

(b) the reason for nonpayment or nonperformance of the order,

(c) the income and property of the judgment debtor,

(d) the debts owed to and by the judgment debtor,

(e) the disposal the judgment debtor has made of any property either before or after the making of the order,

(f) the means the judgment debtor has, had or may have of satisfying the order, and

(g) whether the judgment debtor intends to obey the order or has any reason for not doing so.


Form 60 (Rule 13-5 (6) )

This is the ......[1st/2nd/3rd/etc.]...... affidavit

of ..............[name].............. in this case

and was made on .........[dd/mmm/yyyy].........

[Style of Proceeding]

CERTIFICATE OF RESULT OF SALE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Property Sold Name of Purchaser Price Amount Received Date of Sale
         
         
  Totals





 

I, ...............[name]..............., of ....................[address]...................., ....................[occupation]...................., SWEAR (OR AFFIRM) THAT:

1 I did, in accordance with the provisions of the order of this court dated ........[dd/mmm/yyyy]........, sell by ........[auction or as the case may be]........ the property described in the certificate on the day shown in the certificate.
2 The result of the sale is truly set forth in the certificate.
SWORN (OR AFFIRMED) BEFORE ME    )  
at ...................................., British Columbia   )  
on ..............[dd/mmm/yyyy].............. .   )     ........................................................................

        Person conducting sale
    )  
......................................................................................   )  
A commissioner for taking affidavits   )  
for British Columbia   )  
.....[print name or affix stamp of commissioner].....

Form 61 (Rules 14-1 (1) and 15-1 (2) )

[Style of Proceeding]

NOTICE OF FAST TRACK ACTION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party(ies)].........................

TAKE NOTICE that this action is a fast track action to which Rule 15-1 of the Supreme Court Civil Rules applies.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] person filing notice

[ ] lawyer for person filing notice
 
...........................[type or print name]..........................

Form 62 (Rule 14-1 (20) )

[Style of Proceeding]

BILL OF COSTS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

This is the bill of costs of: ........................[name(s)]........................

Tariff scale ................        Unit value $................

TARIFF ITEMS        
Item # Description # of Units Claimed # of Units Allowed  
......... ........................................ ..................... .....................  
......... ........................................ ..................... .....................  
......... ........................................ ..................... .....................  
  Total number of units: ..................... .....................  
  Multiply by unit value: ..................... .....................  
  Subtotal: $................ $................  
  Applicable taxes: $................ $................  
  Total: $................ $................ $................
DISBURSEMENTS        
  Description Claimed Allowed  
  ........................................ $................ $................  
  ........................................ $................ $................  
  ........................................ $................ $................  
  ........................................ $................ $................  
  Applicable taxes: $................ $................  
  Total: $................ $................ $................
         
TOTAL ALLOWED   $................ $................
         
Date: ............[dd/mmm/yyyy]............. .....................................................................................

   Signature of assessing officer

Form 63 (Rule 14-1 (20) )

[Style of Proceeding]

DEFAULT JUDGMENT BILL OF COSTS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

This is the default judgment bill of costs of: ........................[name(s)]........................

Amount involved $................

COSTS        
Description   Claimed Allowed  
To enter judgment under Rule 3-8   $................ $................  
Additional costs, if any, ordered under

section 6 (5) of Appendix B
  $................ $................  
  Total: $................ $................ $................
         
DISBURSEMENTS        
Description   Claimed Allowed  
................................   $................ $................  
................................   $................ $................  
................................   $................ $................  
................................   $................ $................  
  Applicable taxes: $................ $................  
  Total: $................ $................ $................
TOTAL ALLOWED       $................
Date: ............[dd/mmm/yyyy]............. .....................................................................................

   Signature of assessing officer

Form 64 (Rule 14-1 (27) )

[Style of Proceeding]

CERTIFICATE OF COSTS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I CERTIFY

[ ] by consent of the parties

[ ] following assessment

that on ........[dd/mmm/yyyy]........, the costs of ....................[party(ies)].................... have been allowed against ....................[party(ies)].................... in the amount of $............. .

Consented to:

[If this certificate is filed by consent, a signature line in the following form must be completed and signed by or for each consenting party.]

..............................................................................

Signature of [ ] party [ ] lawyer for .......[name of party(ies)].....

.........................[type or print name]...........................................................

............................................................................................................................

Signature of [ ] party [ ] lawyer for .......[name of party(ies)].....

.........................[type or print name].......................................................................

Date: ................[dd/mmm/yyyy]................. .................................................................................
     Registrar

[This certificate may be set out in a separate document or may be endorsed on the bill of costs.]


Form 65 (Rule 14-1 (28) and LEGAL PROFESSION ACT, s. 76)

[Style of Proceeding]

CERTIFICATE OF FEES

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I certify that on ........[dd/mmm/yyyy]........ the bill(s) delivered by ....................[name of lawyer].................... to ....................[name of person billed].................... and dated ........[set out date(s) – dd/mmm/yyyy]........ have been reviewed, and that:

(a) the amount of fees, charges and disbursements allowed was $...............
(b) the amount paid on account (if any) was $...............
(c) the balance owing to ......[the lawyer/person charged]...... was $...............
(d) the costs of the review allowed to ......[the lawyer/person charged]...... was $...............
(e) interest allowed to this date was $...............
(f) the total amount due to [the lawyer/person charged] is $...............

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
     Registrar

[NOTE: Under s. 73 (1) of the Legal Profession Act, the registrar may, on application, make an order for payment by instalments, or suspend execution on this certificate.]


Form 66 (Rules 16-1 (2) and 21-5 (14) )

No. ...............................

.................................. Registry

In the Supreme Court of British Columbia

Between

, Petitioner(s)

and

, Respondent(s)

[or, if there is no person against whom relief is sought:

Re: ........[State the person by whom, or the entity in respect of which, relief is sought.]........]

PETITION TO THE COURT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

ON NOTICE TO:

................[name and address of each person to be served]................

This proceeding is brought for the relief set out in Part 1 below, by

[Check whichever one of the following boxes is correct and complete any required information.]

[ ] the person(s) named as petitioner(s) in the style of proceedings above

[ ] ...............[name(s)]................. (the petitioner(s) )

If you intend to respond to this petition, you or your lawyer must

(a) file a response to petition in Form 67 in the above-named registry of this court within the time for response to petition described below, and

(b) serve on the petitioner(s)

(i) 2 copies of the filed response to petition, and

(ii) 2 copies of each filed affidavit on which you intend to rely at the hearing.

Orders, including orders granting the relief claimed, may be made against you, without any further notice to you, if you fail to file the response to petition within the time for response.

Time for response to petition

A response to petition must be filed and served on the petitioner(s),

(a) if you were served with the petition anywhere in Canada, within 21 days after that service,

(b) if you were served with the petition anywhere in the United States of America, within 35 days after that service,

(c) if you were served with the petition anywhere else, within 49 days after that service, or

(d) if the time for response has been set by order of the court, within that time.

(1) The address of the registry is:
(2) The ADDRESS FOR SERVICE of the petitioner(s) is: ..........[Set out the street address of the address for service for each petitioner. One or both of a fax number and an e-mail address may be given as additional addresses for service.]..........

Fax number address for service (if any) of the petitioner(s):

E-mail address for service (if any) of the petitioner(s):
(3) The name and office address of the petitioner's(s') lawyer is:

Claim of the Petitioner(s)

Part 1: ORDER(S) SOUGHT

[Using numbered paragraphs, set out the order(s) that will be sought at the hearing of the petition and indicate against which respondent(s) the order(s) is(are) sought.]

1

2

Part 2: FACTUAL BASIS

[Using numbered paragraphs, set out the material facts on which this petition is based.]

1

2

Part 3: LEGAL BASIS

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal bases on which the petitioner(s) intend(s) to rely in support of the orders sought.]

1

2

Part 4: MATERIAL TO BE RELIED ON

[Using numbered paragraphs, list the affidavits served with the petition. Each affidavit included on the list must be identified as follows: "Affidavit #..........[sequential number, if any, recorded in the top right hand corner of the affidavit].......... of ..........[name].........., made ........[dd/mmm/yyyy]........".]

1

2

The petitioner(s) estimate(s) that the hearing of the petition will take ...........[time estimate]........... .

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] petitioner [ ] lawyer for petitioner(s)
 
...........................[type or print name]..........................
To be completed by the court only:



Order made

[ ] in the terms requested in paragraphs ...................... of Part 1 of this petition

[ ] with the following variations and additional terms:

.................................................................................................................................

.................................................................................................................................

...................................................................................................................................

Date: .......[dd/mmm/yyyy]........ ....................................................

Signature of [ ] Judge [ ] Master

Form 67 (Rule 16-1 (5) )

[Style of Proceeding]

RESPONSE TO PETITION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party(ies)]......................... (the "petition respondent(s)")

THIS IS A RESPONSE TO the petition filed ........[dd/mmm/yyyy]........ .

Part 1: ORDERS CONSENTED TO

The petition respondent(s) consent(s) to the granting of the orders set out in the following paragraphs of Part 1 of the petition: ........[set out paragraph numbers]........

Part 2: ORDERS OPPOSED

The petition respondent(s) oppose(s) the granting of the orders set out in paragraphs ........[list paragraph numbers]........ of Part 1 of the petition.

Part 3: ORDERS ON WHICH NO POSITION IS TAKEN

The petition respondent(s) take(s) no position on the granting of the orders set out in paragraphs ........[list paragraph numbers]........ of Part 1 of the petition.

Part 4: FACTUAL BASIS

[Using numbered paragraphs, set out a brief summary of the material facts on which the orders sought in the petition should not be granted.]

1

2

Part 5: LEGAL BASIS

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal bases on which the petition respondent(s) intend(s) to rely in opposing the orders sought in the petition. In addition, a written argument may be provided to the court in opposition to the petition.]

1

2

Part 6: MATERIAL TO BE RELIED ON

[Using numbered paragraphs, list the affidavits served with this response to petition and any other affidavits and other documents already in the court file on which the petition respondent(s) will rely. Each affidavit included on the list must be identified as follows: "Affidavit #..........[sequential number, if any, recorded in the top right hand corner of the affidavit].......... of ..........[name].........., made ........[dd/mmm/yyyy]........".]

1

2

The petition respondent(s) estimate(s) that the application will take ........[time estimate]........ .

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] petition respondent

[ ] lawyer for petition respondent(s)
 
...........................[type or print name]..........................

Petition respondent's(s') address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):

Name of the petition respondent's(s') lawyer, if any:


Form 68 (Rule 16-1 (8) )

[Style of Proceeding]

NOTICE OF HEARING

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ................[name(s) of petition respondent(s), if any]................

TAKE NOTICE that the petition of ................[party(ies)]........ dated ........[dd/mmm/yyyy]........ will be heard at the courthouse at ................[address]................ on ........[dd/mmm/yyyy]........ at ........[time of day]........ .

1 Date of hearing

[Check whichever one of the following boxes is correct.]

[ ] The parties have agreed as to the date of the hearing of the petition.

[ ] The parties have been unable to agree as to the date of the hearing but notice of the hearing will be given to the petition respondents in accordance with Rule 16-1 (8) (b) of the Supreme Court Civil Rules.

[ ] The petition is unopposed, by consent or without notice.

2 Duration of hearing

[Check the correct box(es) and complete the required information.]

[ ] It has been agreed by the parties that the hearing will take ........[time estimate]........ .

[ ] The parties have been unable to agree as to how long the hearing will take and

(a) the time estimate of the petitioner(s) is ............. minutes, and

(b) [ ] the time estimate of the petition respondent(s) is ............. minutes.

  [ ] the petition respondent(s) has(ve) not given a time estimate.

3 Jurisdiction

[Check whichever one of the following boxes is correct.]

[ ] This matter is within the jurisdiction of a master.

[ ] This matter is not within the jurisdiction of a master.

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] petitioner [ ] lawyer for petitioner(s)
 
...........................[type or print name]..........................

Form 69 (Rule 18-1 (18) )

[Style of Proceeding]

NOTICE OF ORDER

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ................[name and address of each person to be served]................

TAKE NOTICE of the order of ................ dated ........[dd/mmm/yyyy]........, a copy of which is attached. You may apply to court within 28 days after service of this notice on you to discharge, vary or add to the order. Alternatively, you may file a form entitled "Notice of Interest" in the above registry of this court and serve a copy of the "Notice of Interest" on each of the following parties at their respective addresses for service set out below, following which you are entitled to take part in the proceeding taken under the order.

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] party serving this notice

[ ] lawyer for party(ies) serving this notice
 
...........................[type or print name]..........................

Name and address for service of each party serving this notice: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):


Form 70 (Rules 18-1 (22), 18-2 (8), 18-3 (8) and 21-5 (47) )

[Style of Proceeding]

NOTICE OF INTEREST

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

TAKE NOTICE that I have an interest in this proceeding.

Name: ................................................................

Address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing person [ ] lawyer for filing person(s)
 
...........................[type or print name]..........................

Form 71 (Rule 18-2 (3) )

No. ...............................

.................................. Registry

In the Supreme Court of British Columbia

IN THE MATTER OF A STATED CASE UNDER

........[insert statutory provision under which the stated case is being referred to in court]........

Between

[Name of person who requested the stated case.]

Applicant

and

[Name of all parties to the original proceeding and, if the original tribunal is not the Applicant, name of original tribunal.]

Respondent(s)

NOTICE OF STATED CASE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ................[Name of each person on whom, under Rule 18-2 (6) (b), this notice of stated case is to be served and the most recent address provided to the original tribunal for that person.]................

THIS CASE STATED by ........[name of original tribunal]........ under ........[name and section number(s) of the enactment under which the stated case is being referred to the court]........ [If the original tribunal is not the Applicant, add ", at the request of the Applicant,".] seeks the determination of the Supreme Court on the question(s) of law set out below that arise(s) out of the following facts:

Part 1: RELEVANT FACTS

The following facts are relevant to the questions of law to be determined by the Supreme Court: [Using numbered paragraphs, set out a concise statement of the relevant facts on which the questions of law are to be determined.]

1

2

Part 2: QUESTIONS OF LAW

The question(s) of law to be determined by the Supreme Court ........[is/are]........ as follows: [Using numbered paragraphs, set out the question(s) of law to be determined.]

1

2

Part 3: EVIDENCE

The evidence relevant to the stated case is as follows: [Using numbered paragraphs, set out all the evidence that is relevant to the stated case.]

1

2

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of authorized signatory for

   Original Tribunal
 
...........................[type or print name]..........................

Address for service of the original tribunal: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):

[If the original tribunal is not the Applicant, complete the following:]

Address for service of the person requesting the stated case: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):


Form 72 (Rule 18-2 (9) )

[Style of Proceeding]

NOTICE OF HEARING OF STATED CASE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .........................[party(ies)].........................

TAKE NOTICE that this stated case will be heard at .......................[address]....................... on ........[dd/mmm/yyyy]........ at ........[time of day]........ .

Time estimate: ........................

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] filing party [ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Form 73 (Rule 18-3 (2) )

No. ...............................

.................................. Registry

In the Supreme Court of British Columbia

Between

Appellant

and

[person or body appealed from]

Respondent

NOTICE OF APPEAL IF DIRECTIONS REQUIRED

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ................[name of person or body appealed from]................

And to: ................[name(s) of all other persons who may be affected by the order sought]................

WHEREAS on ........[dd/mmm/yyyy]........, ................[name of person or body from whose decision/direction/order appeal is brought]................ made the following [ ] decision [ ] direction [ ] order [add, if applicable, in ........[Action Number/File Number]........]: ................[state concisely the decision, direction or order]................;

AND WHEREAS an appeal lies to [ ] this court [ ] a judge of this court under ................[name and section of enactment allowing appeal]................;

TAKE NOTICE that ................[name(s) of appellant(s)]................ appeal(s) from the [ ] decision [ ] direction [ ] order on the following grounds: ................[concisely set out grounds of appeal]................;

AND TAKE NOTICE that on ........[dd/mmm/yyyy]........, at the courthouse at ................[address]................, an application will be made to the presiding judge at ........[time of day]........ for directions as to the conduct of the appeal [or as the case may be].

The appellant(s) estimate(s) that the hearing of the appeal will take ...........[time estimate]........... .

If you intend to oppose the appeal, you or your lawyer must

(a) file a Notice of Interest in Form 70 in the above-named registry of this court within the time for Notice of Interest described below, and

(b) serve a copy of the Notice of Interest on the appellant's(s') address for service set out in this Notice of Appeal.

Time for Notice of Interest

A Notice of Interest must be filed and served on the appellant(s),

(a) if you were served with the notice of appeal anywhere in Canada, within 14 days after that service,

(b) if you were served with the notice of appeal anywhere in the United States of America, within 28 days after that service,

(c) if you were served with the notice of appeal anywhere else, within 42 days after that service, or

(d) if the time for Notice of Interest has been set by order of the court, within that time.

The appellant's(s') address for service is: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number for service (if any):

E-mail address for service (if any):

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] appellant [ ] lawyer for appellant(s)
 
...........................[type or print name]..........................

Form 74 (Rule 18-3 (2) )

No. ...............................

.................................. Registry

In the Supreme Court of British Columbia

Between

Appellant

and

[person or body appealed from]

Respondent

NOTICE OF APPEAL — STANDARD DIRECTIONS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ........[name of person or body appealed from]........

And to : ........[name(s) of all other persons who may be affected by the order sought]........

WHEREAS on ........[dd/mmm/yyyy]........, ................[name(s) of person or body from whose decision/direction/order appeal is brought]................ made the following [ ] decision [ ] direction [ ] order [add, if applicable, in ........[Action Number/File Number]........]: ........[state concisely the decision, direction, or order]........;

AND WHEREAS an appeal lies to [ ] this court [ ] a judge of this court under ...................[name and section of enactment allowing appeal]....................;

TAKE NOTICE that ....................[name(s) of appellant(s)].................... appeal(s) from the [ ] decision [ ] direction [ ] order on the following grounds: ................[concisely set out grounds of appeal]................ .

ATTACHED is the standard set of directions, in the form directed by the Chief Justice of the Supreme Court of British Columbia, governing the conduct of the appeal.

The appellant(s) estimate(s) that the hearing of the appeal will take ...........[time estimate]........... .

If you intend to oppose the appeal, you or your lawyer must

(a) file a Notice of Interest in Form 70 in the above-named registry of this court within the time for Notice of Interest described below, and

(b) serve a copy of the Notice of Interest on the appellant's(s') address for service set out in this Notice of Appeal.

Time for Notice of Interest

A Notice of Interest must be filed and served on the appellant(s),

(a) if you were served with the notice of appeal anywhere in Canada, within 14 days after that service,

(b) if you were served with the notice of appeal anywhere in the United States of America, within 28 days after that service,

(c) if you were served with the notice of appeal anywhere else, within 42 days after that service, or

(d) if the time for Notice of Interest has been set by order of the court, within that time.

The appellant's(s') address for service is: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] appellant [ ] lawyer for appellant(s)
 
...........................[type or print name]..........................

Form 75 (Rule 18-3 (9) )

[Style of Proceeding]

NOTICE OF HEARING OF APPEAL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

TAKE NOTICE that this appeal will be heard at ........[time of day]........ on ........[dd/mmm/yyyy]........, at ........................[address]........................ .

...........................................................................

Registrar

 

Time estimate: ........................

  .................................................................................
  Signature of

[ ] appellant [ ] lawyer for appellant(s)
 
...........................[type or print name]..........................

Form 76 (Rule 18-3 (10) )

[Style of Proceeding]

NOTICE OF ABANDONMENT OF APPEAL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

TAKE NOTICE that the appellant, ...........[name]............., abandons this appeal.

[Check the correct box and complete any required information.]

[ ] This appeal has not yet been set for hearing.

[ ] The date scheduled for the hearing of this appeal is ........[dd/mmm/yyyy]........ .

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] appellant [ ] lawyer for appellant(s)
 
...........................[type or print name]..........................

Form 77 (Rule 19-3 (5) )

[Style of Proceeding]

ORDER TO REGISTER FOREIGN JUDGMENT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

BEFORE



THE HONOURABLE JUSTICE



or



MASTER






......[dd/mmm/yyyy]......

ON THE APPLICATION of ...................[party(ies)].................... coming on before me on ..........[dd/mmm/yyyy].......... and on hearing ....................[name of party/lawyer].................. and ...................[name of party/lawyer]..................;

THIS COURT ORDERS that the judgment dated ..........[dd/mmm/yyyy]......... of .........[name of court].........., by which it was adjudged that ..............[name and address of judgment creditor].............. recover from..........[judgment debtor].......... the sum of $.................... for debt [or as the case may be] and [ ] costs to be assessed [ ] $..............for costs, be registered in this court.

  By the Court.
   
  ..................................................................................
    Registrar

Form 78 (Rule 20-2 (12) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT OF ATTAINMENT OF MAJORITY

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, ........[occupation]........, SWEAR (OR AFFIRM) THAT:

1  I attained the age of majority on ...........................[dd/mmm/yyyy]........ .

2  I am under no other legal disability.

3  I intend to act in this action without a litigation guardian.

SWORN (OR AFFIRMED) BEFORE ME    )  
at ...................................., British Columbia   )  
on ..............[dd/mmm/yyyy].............. .   ) ........................................................................
    )  
......................................................................................   )  
A commissioner for taking affidavits   )  
for British Columbia   )  
.....[print name or affix stamp of commissioner].....

Form 79 (Rule 20-5 (3) )

[Style of Proceeding]

ORDER TO WAIVE FEES

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]

BEFORE



THE HONOURABLE JUSTICE



or



MASTER






......[dd/mmm/yyyy]......

ON THE APPLICATION of ................[name]................ [add the following if applicable: coming on before me on ........[dd/mmm/yyyy]........ and on hearing ................[name of party/lawyer]................ and ................[name of party/lawyer]................];

[Select whichever one of the 4 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]

THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Schedule 1 of Appendix C of the Supreme Court Civil Rules in relation to this proceeding [add the following if applicable: subject to the following: ................[set out any conditions on this order]................] .

THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Schedule 1 of Appendix C of the Supreme Court Civil Rules in relation to the following part(s) of this proceeding: ................[describe part(s)]................ [add the following if applicable: subject to the following: ................[set out any conditions on this order]................] .

THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Schedule 1 of Appendix C of the Supreme Court Civil Rules in relation to this proceeding during the following period(s): ................[describe period(s)]................ [add the following if applicable: subject to the following: ................[set out any conditions on this order]................] .

THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Schedule 1 of Appendix C of the Supreme Court Civil Rules in relation to the following steps in this proceeding: ................[describe step(s)]................ [add the following if applicable: subject to the following: ................[set out any conditions on this order]................] .

By the Court.

..................................................................................

Registrar


Form 80 (Rule 20-5 (3) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT IN SUPPORT OF ORDER TO WAIVE FEES

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:

1  I am the ................[party]................ in this proceeding.

2  I make this affidavit in support of my application for an order that I be declared impoverished with respect to the payment of fees set out in Schedule 1 of Appendix C of the Supreme Court Civil Rules.

3  I am ................ years old.

4  I have the following dependants: [List all the dependants in the household.]

........................................................................................................................................................

........................................................................................................................................................

...................................................................................................................................................... .

5  The following persons contribute to my household expenses: [List all in the household who contribute to expenses.]

6  I am [ ] employed [ ] unemployed.

7 Attached as Exhibit A is [Check whichever one of the following boxes is correct and attach the required exhibit.]

[ ] a financial statement that accurately sets out the monthly income, expenses and assets of my household.

[ ] proof that I receive benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act.

8  Attached as Exhibit B is an accurate description of my educational and employment history.

9  Attached as Exhibit C is an accurate description of my workplace skills.

10  Attached as Exhibit D is a copy of the document I wish to file or with which I wish to proceed.

SWORN (OR AFFIRMED) BEFORE ME    )  
at ...................................., British Columbia   )  
on ..............[dd/mmm/yyyy].............. .   ) ........................................................................
    )  
......................................................................................   )  
A commissioner for taking affidavits   )  
for British Columbia   )  
.....[print name or affix stamp of commissioner].....

This is Exhibit A referred to in the affidavit of

..................................., sworn (or affirmed)

before me on .......[dd/mmm/yyyy].........

 

................................................................

A commissioner for taking affidavits for

British Columbia

FINANCIAL STATEMENT

ESTIMATED NET MONTHLY INCOME

[Attach proof – i.e. most recent pay stubs or payment advice, etc., if available.]

Estimated net monthly income from all sources:  
   Employment $....................
   Pension $....................
   Dividends $....................
   Interest $....................
   Other $....................


TOTAL (Estimated net monthly income) $....................





 

ESTIMATED MONTHLY EXPENSES

[Attach receipts for the following, if available.]

   Estimated monthly expenses related to housing $....................
   Estimated monthly expenses related to transportation $....................
   Estimated monthly expenses related to household expenses $....................
   Estimated monthly expenses related to medical and dental expenses $....................
   Estimated monthly expenses, not included in above, related to dependent children $....................
   Estimated monthly debt payments [specify]............................................................... $....................
   Estimate of other monthly expenses [specify]............................................................... $....................


TOTAL (Estimated monthly expenses) $....................





 

ASSETS

[Specify assets and set out their estimated value.]

   ........................................................................................................................... $....................
   ........................................................................................................................... $....................
   ........................................................................................................................... $....................
   ........................................................................................................................... $....................
   ........................................................................................................................... $....................
   ........................................................................................................................... $....................


TOTAL (Estimated asset values) $....................





This is Exhibit B referred to in the affidavit of

........................................, sworn (or affirmed)

before me on ...............[dd/mmm/yyyy]..............

 

.........................................................................

A commissioner for taking affidavits for

British Columbia

 

EDUCATIONAL AND EMPLOYMENT HISTORY

[Set out details of education and employment history.]

1  Highest level of education attained and date completed:
.................................................................................................................................................................
.................................................................................................................................................................
.................................................................................................................................................................
2  Employment history:
Employer Dates Position
......................................................... .......................................... ...........................................................
......................................................... .......................................... ...........................................................
......................................................... .......................................... ...........................................................

This is Exhibit C referred to in the affidavit of

........................................, sworn (or affirmed)

before me on ...............[dd/mmm/yyyy]..............

 

.........................................................................

A commissioner for taking affidavits for

British Columbia

 

WORKPLACE SKILLS

[specify]

.................................................................................................................................................................
.................................................................................................................................................................
.................................................................................................................................................................

Form 81 (Rule 21-1 (3) )

No. ...............................

.................................. Registry

In the Supreme Court of British Columbia

Admiralty Action in Rem Against

The Ship ...................[specify]................. (and/or property)

Between

Plaintiff(s)

and

The Owners and all Others Interested in the Ship

(and/or other property)

Defendant(s)

NOTICE OF CIVIL CLAIM – ADMIRALTY (IN REM)

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Name and address of each plaintiff:

Description of Ship and/or other property:

To the defendant(s):

TAKE NOTICE that this action has been started against you by the plaintiff(s) for the claim(s) set out in this notice of civil claim.

IF YOU INTEND TO RESPOND TO this action, or if you have a set-off or counterclaim that you wish to have taken into account at the trial, YOU MUST FILE a response to civil claim in Form 2 in the above registry of this court within 21 days after being served with a copy of the filed notice of civil claim and SERVE a copy of the filed response to civil claim on the plaintiff's(s') address for service.

YOU OR YOUR LAWYER may file the response to civil claim.

APPLICATION FOR JUDGMENT AGAINST THE SHIP OR OTHER PROPERTY MAY BE MADE IF YOU FAIL to file the response to civil claim within 21 days after being served with a copy of the filed notice of civil claim.

Claim of the Plaintiff

Part 1: STATEMENT OF FACTS

[Using numbered paragraphs, set out a concise statement of the material facts giving rise to the plaintiff's(s') claim.]

1

2

[If any party sues or is sued in a representative capacity, identify the party and describe the representative capacity.]

Part 2: RELIEF SOUGHT

[Using numbered paragraphs, set out the relief sought and indicate against which defendant(s) that relief is sought. Relief may be sought in the alternative.]

1

2

Part 3: LEGAL BASIS

[Using numbered paragraphs, set out a concise summary of the legal bases on which the plaintiff(s) intend(s) to rely in support of the relief sought and specify any rule or other enactment relied on. The legal bases for the relief sought may be set out in the alternative.]

1

2

Plaintiff's(s') address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):

Place of trial:

The address of the registry is:

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] plaintiff [ ] lawyer for plaintiff(s)
 
...........................[type or print name]..........................

Form 82 (Rule 21-1 (4) )

No. ...............................

.................................. Registry

In the Supreme Court of British Columbia

Admiralty Action in Rem Against

The Ship ...................[specify]................. (and/or property)

And in Personam

Between

Plaintiff(s)

and

The Owners and all Others Interested in the Ship

(and/or other property)

Defendant(s)

NOTICE OF CIVIL CLAIM – ADMIRALTY (IN REM AND IN PERSONAM)

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Name and address of each plaintiff:

Description of ship and/or other property:

Name and address of the defendant(s) in personam:

To the defendant(s):

TAKE NOTICE that this action has been started against you by the plaintiff(s) for the claim(s) set out in this notice of civil claim.

IF YOU INTEND TO RESPOND TO this action, or if you have a set-off or counterclaim that you wish to have taken into account at the trial, YOU MUST FILE a response to civil claim in Form 2 in the above registry of this court within the time for response to civil claim described below and SERVE a copy of the filed response to civil claim on the plaintiff's(s') address for service.

YOU OR YOUR LAWYER may file the response to civil claim.

APPLICATION FOR JUDGMENT AGAINST THE SHIP OR OTHER PROPERTY MAY BE MADE AND JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response to civil claim within the time for response to civil claim described below.

Time for response to civil claim

Service on ship:

The time for response to civil claim is 21 days from the service of this notice of civil claim on the ship or other property described in this notice of civil claim (not including the day of service).

Service on defendant in personam:

A response to civil claim must be filed and served on the plaintiff(s),

(a) if you were served with the notice of civil claim anywhere in Canada, within 21 days after that service,

(b) if you were served with the notice of civil claim anywhere in the United States of America, within 35 days after that service,

(c) if you were served with the notice of civil claim anywhere else, within 49 days after that service, or

(d) if the time for response to civil claim has been set by order of the court, within that time.

A response to civil claim filed on behalf of a ship or other property must set out the nature of the interest that you claim in the ship or other property.

 

Claim of the Plaintiff

Part 1: STATEMENT OF FACTS

[Using numbered paragraphs, set out a concise statement of the material facts giving rise to the plaintiff's(s') claim.]

1

2

[If any party sues or is sued in a representative capacity, identify the party and describe the representative capacity.]

Part 2: RELIEF SOUGHT

[Using numbered paragraphs, set out the relief sought and indicate against which defendant(s) that relief is sought. Relief may be sought in the alternative.]

1

2

Part 3: LEGAL BASIS

[Using numbered paragraphs, set out a concise summary of the legal bases on which the plaintiff(s) intend(s) to rely in support of the relief sought and specify any rule or other enactment relied on. The legal bases for the relief sought may be set out in the alternative.]

1

2

Plaintiff's(s') address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):

The address of the registry is:

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] plaintiff [ ] lawyer for plaintiff(s)
...........................[type or print name]..........................

Form 83 (Rule 21-1 (8) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT TO LEAD WARRANT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:

1 I ........[describe relationship to the party at whose instance the ship or other property is to be arrested and the basis of the knowledge of the person swearing or affirming the affidavit]........ and accordingly have knowledge of the facts to which I depose in this affidavit save and except where such are stated to be on information and belief.
2 The party making application for a warrant for the arrest of the ship or other property named in this affidavit is ................[name]................ of ................[address]................ .
3 The nature of the claim that is the subject of the action against the ship or other property named in this affidavit is ................[describe the claim and state the amount if known]................ .
4 The claim has not been satisfied.
5 The property to be arrested is ................[Describe the ship or other property in sufficient detail to facilitate an arrest.]................ .
[Check whichever one of the following boxes is correct and attach the exhibit if required.]
6 [ ]  No notice of this action is required.
  [ ]  The notice of this action required has been given and a copy of the notice is attached to this my affidavit and marked Exhibit A.
SWORN (OR AFFIRMED) BEFORE ME    )  
at ...................................., British Columbia   )  
on ..............[dd/mmm/yyyy].............. .   ) ........................................................................
    )  
......................................................................................   )  
A commissioner for taking affidavits   )  
for British Columbia   )  
.....[print name or affix stamp of commissioner].....

Form 84 (Rule 21-1 (10) )

[Style of Proceeding]

WARRANT TO ARREST SHIP

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

You are commanded to arrest the ship ................[name of ship]................, her cargo and freight etc. [or as the case may be], and to keep the same under arrest until you are otherwise ordered.

 

Date: ................[dd/mmm/yyyy].................    .............................................................................................

   Registrar

This warrant is taken out by ................[name of person at whose instance this warrant is issued or his or her lawyer]........ of ........[Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]........ .

Fax number address for service (if any):

E-mail address for service (if any):


Form 85 (Rule 21-1 (18) )

[Style of Proceeding]

CAVEAT – ADMIRALTY

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Caveat filed ........[dd/mmm/yyyy]........, against the issue of a release from arrest of the ship ................[name of ship]................, her cargo and freight etc. [or as the case may be], or the payment out of court of the proceeds of any sale of the ship ................[name of ship]................, her cargo and freight etc. [or as the case may be], by ................[name]................ .

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] person filing caveat

[ ] lawyer for person(s) filing caveat
 
...........................[type or print name]..........................

Address for service of person filing caveat: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):


Form 86 (Rule 21-1 (19) )

[Style of Proceeding]

NOTICE OF WITHDRAWAL OF CAVEAT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

TAKE NOTICE that ................[name]................ withdraws the caveat filed in this proceeding on ........[dd/mmm/yyyy]........ .

Date caveat is withdrawn: ....[dd/mmm/yyyy].... .................................................................................
  Signature of [ ] filing party

[ ] lawyer for filing party(ies)
 
...........................[type or print name]..........................

Form 87 (Rule 21-1 (24) )

[Style of Proceeding]

PAYMENT INTO COURT AS BAIL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

The amount of $................ is hereby paid into court as bail to answer judgment granted against ........[name of defendant ship or as the case may be]........ together with interest and costs.

Given at ........................, British Columbia, on ........[dd/mmm/yyyy]........ .

  .................................................................................
  Signature of [ ] person making payment

[ ] lawyer for person(s) making payment
 
...........................[type or print name]..........................

Form 88 (Rule 21-1 (24) )

[Style of Proceeding]

BANK GUARANTEE OR BAILBOND

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

We, ........[name of bank or surety company]........, submit to the jurisdiction of this court and consent that if a judgment granted in this proceeding against ........[name of defendant ship or as the case may be]........ is not satisfied or stayed, execution may issue against us for a sum not exceeding $................ inclusive of interest and costs.

Given on ................[dd/mmm/yyyy]................. .................................................................................
  Signature of authorized signatory

for bank or surety company
 
...........................[type or print name and title]..........................

Contact information for Bank or Surety Company

Bank or Surety Name: .............................................................

Attention: .................................................................................

Address: ...................................................................................

Fax: ............................................................

E-mail: .......................................................


Form 89 (Rule 21-1 (28) )

[Style of Proceeding]

RELEASE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

WHEREAS, by our warrant issued in this action on ........[dd/mmm/yyyy]........, you were commanded to arrest the ship ................[name]................, her cargo and freight etc. [or as the case may be], and to keep the same under arrest until you should receive a further order, you are commanded to release the ship ................[name]................, her cargo and freight etc. [or as the case may be], from arrest on payment being made to you of all fees due and all charges incurred by you in respect of the arrest and custody of the ship ................[name]................, her cargo and freight etc. [or as the case may be].

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
     Registrar

Form 90 (Rule 21-4 (6) )

[Style of Proceeding]

CITATION TO BRING IN GRANT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ........[name and address of person holding grant]........

Whereas an action has been started for the revocation of .......[the letters probate/letters of administration]....... of ........[the will of/the estate of]........ ................[name]................, issued to ................[name]................ on ........[dd/mmm/yyyy]........;

It is ordered that you deliver the original grant to the registrar's office at the courthouse at ........................ within 7 days after service of this citation on you, and you must not act under the grant without leave from the registrar.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
     Registrar

Form 91 (Rule 21-5 (4) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT OF EXECUTOR

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:

1 ................[name of deceased]................, late of ...............[address]..............., ..............[occupation].............., died on ........[dd/mmm/yyyy]........, at ........................, in the Province of British Columbia.
2 I believe Exhibit A to this affidavit to be the deceased's original last will that is dated ........[dd/mmm/yyyy]........, [and Exhibit(s) A-1 (and A-2, etc.) to be the codicil(s) to it dated ........[date(s) – dd/mmm/yyyy]........, respectively)].
3 I am ................................................ executor(s) named in the will. (My appointment has not been revoked under section 16 of the Wills Act by reason of a decree of judicial separation, divorce or nullity granted after the date of the will in respect of a marriage of the deceased.) ........[If any executors named in the will are not applying, explain why.]........ .
4 To the best of my knowledge the deceased ........[did/did not]........ marry or remarry after the date of the will.
5 To the best of my knowledge the will ........[is/is not]........ witnessed by a person to whom, or to whose then wife or husband, a beneficial devise, bequest or other disposition or appointment is given or made.
6 I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.
7 The statement marked Exhibit B to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, that pass to the deceased's personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.
8 I will promptly disclose to the court the existence of any asset or liability that has not been disclosed in Exhibit B to this affidavit when I learn of the same.
9 I will administer according to law all of the estate that by law devolves to and vests in the personal representative of the deceased and I will exhibit a true and perfect inventory of the estate and render a just and true account thereof whenever required by law to do so.
SWORN (OR AFFIRMED) BEFORE ME    )  
at ...................................., British Columbia   )  
on ..............[dd/mmm/yyyy].............. .   ) ........................................................................
    )  
......................................................................................   )  
A commissioner for taking affidavits   )  
for British Columbia   )  
.....[print name or affix stamp of commissioner].....

This is Exhibit B referred to in the affidavit of

........................................, sworn (or affirmed)

before me on ...............[dd/mmm/yyyy]..............

 

.........................................................................

A commissioner for taking affidavits for

British Columbia

Estate of........................................................., Deceased

Statement of Assets, Liabilities and Distribution

Part I

Real Property (including mortgages and vendors' and

purchasers' interests in agreements for sale)
Within or Without

British Columbia
Value at Death
     
     
  Total   

Part II

Personal Property (all assets except real property) 
Within or Without

British Columbia
Value at Death
     
     
  Total   

GROSS VALUE OF ESTATE

Part III

Debts and Liabilities 
Paid or Unpaid Amount
     
     
  Total   
Safety Deposit Box No. Location: 

Part IV

Distribution of Estate
Name  Relationship Property Passing
      
     

Form 92 (Rule 21-5 (4) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT OF ADMINISTRATOR

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:

1 .............[name of deceased]............., late of .............[address]............., .............[occupation]............., died on ........[dd/mmm/yyyy]........ at ........................, in the Province of British Columbia.
2 I have made a careful search and believe the deceased died without having left any will, codicil or testamentary document.
3 The deceased was survived by ........[Identify the applicant and any other person entitled to inherit under sections 82 to 89 of the Estate Administration Act, clear off any person who has a prior or equal right to apply for the grant and refer to all renunciations or consents filed.]........ .
4 I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.
5 The statement marked Exhibit A to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, that pass to the deceased's personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.
6 I believe there are no debts or liabilities for which the estate is or may be liable except as disclosed in Exhibit A, all of which have been paid [except ........[state whether any consent in writing has been given]........].
7 I will promptly disclose to the court the existence of any asset or liability that has not been disclosed in Exhibit A to this affidavit when I learn of the same.
8 I will administer according to law all the estate that by law devolves to and vests in the personal representative of the deceased and I will exhibit a true and perfect inventory of the estate and render a just and true account thereof whenever required by law to do so.
SWORN (OR AFFIRMED) BEFORE ME    )  
at ...................................., British Columbia   )  
on ..............[dd/mmm/yyyy].............. .   ) ........................................................................
    )  
......................................................................................   )  
A commissioner for taking affidavits   )  
for British Columbia   )  
.....[print name or affix stamp of commissioner].....

This is Exhibit A referred to in the affidavit of

..................................., sworn (or affirmed)

before me on .......[dd/mmm/yyyy].........

 

................................................................

A commissioner for taking affidavits for

British Columbia

Estate of........................................................., Deceased

Statement of Assets, Liabilities and Distribution

Part I

Real Property (including mortgages and vendors' and

purchasers' interests in agreements for sale)
Within or Without

British Columbia
Value at Death
     
     
  Total   

Part II

Personal Property (all assets except real property) 
Within or Without

British Columbia
Value at Death
     
     
  Total   

GROSS VALUE OF ESTATE

Part III

Debts and Liabilities 
Paid or Unpaid Amount
     
     
  Total   
Safety Deposit Box No. Location: 

Part IV

Distribution of Estate
Name  Relationship Property Passing
      
     

Form 93 (Rule 21-5 (4) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT OF ADMINISTRATOR APPLYING FOR LETTERS

OF ADMINISTRATION WITH WILL ANNEXED

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:

1 .............[name of deceased]............ late of ..............[address].............., ..............[occupation]............., died on ........[dd/mmm/yyyy]........ at ........................, in the Province of British Columbia.
2 I believe Exhibit A to this affidavit to be the deceased's original last will that is dated ........[dd/mmm/yyyy]........, [and Exhibit(s) A-1 (and A-2, etc.) to be the codicil(s) to it dated ........[date(s) – dd/mmm/yyyy]........, respectively)].
[Check whichever one of the following is correct and complete any required information.]
3 [ ]  There is no executor named in the will.
  [ ]  There is no person presently entitled and willing to act as executor of the will because ........[set out reasons, e.g. executor named has predeceased, renounced, etc.]........ .
4 I am .......[identify the applicant's entitlement to the grant, e.g. one of the residuary beneficiaries, etc.]....... and the renunciation or consent of all persons having a prior or equal right to apply for the grant or entitled to share in the estate are filed with this affidavit as follows: ........................................ .
5 To the best of my knowledge the deceased ........[did/did not]........ marry or remarry after the date of the will.
6 To the best of my knowledge the will ........[is/is not]........ witnessed by a person to whom, or to whose then wife or husband, a beneficial devise, bequest or other disposition or appointment is given or made.
7 I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.
8 The statement marked Exhibit B to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, that pass to the deceased's personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.
9 I believe there are no debts or liabilities for which the estate is or may be liable except as disclosed in Exhibit B, all of which have been paid [except ........[state whether any consent in writing has been given]........].
10 I will promptly disclose to the court the existence of any asset or liability that has not been disclosed in Exhibit B to this affidavit when I learn of the same.
11 I will administer according to law all the estate that by law devolves to and vests in the personal representative of the deceased and I will exhibit a true and perfect inventory of the estate and render a just and true account thereof whenever required by law to do so.
SWORN (OR AFFIRMED) BEFORE ME    )  
at ...................................., British Columbia   )  
on ..............[dd/mmm/yyyy].............. .   ) ........................................................................
    )  
......................................................................................   )  
A commissioner for taking affidavits   )  
for British Columbia   )  
.....[print name or affix stamp of commissioner].....

This is Exhibit B referred to in the affidavit of

........................................, sworn (or affirmed)

before me on ...............[dd/mmm/yyyy]..............

 

.........................................................................

A commissioner for taking affidavits for

British Columbia

Estate of........................................................., Deceased

Statement of Assets, Liabilities and Distribution

Part I

Real Property (including mortgages and vendors' and

purchasers' interests in agreements for sale)
Within or Without

British Columbia
Value at Death
     
     
  Total   

Part II

Personal Property (all assets except real property) 
Within or Without

British Columbia
Value at Death
     
     
  Total   

GROSS VALUE OF ESTATE

Part III

Debts and Liabilities 
Paid or Unpaid Amount
     
     
  Total   
Safety Deposit Box No. Location: 

Part IV

Distribution of Estate
Name  Relationship Property Passing
      
     

Form 94 (Rule 21-5 (24) )

[Style of Proceeding]

NOTICE TO NEXT OF KIN

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ........................[name and address of next of kin]........................

You are advised that the applicant whose name is set out on the back of this notice has filed an application for a grant of administration in this estate.

Particulars as to the estate are set out on the back of this notice.

It appears that you are a person eligible to apply for a grant of administration. Unless within ............... days [to be fixed by registrar] after the mailing of this notice to you, you notify the registrar in writing at the courthouse at ................................ of your intention to apply for a grant of administration or of any objection you may have to a grant of administration being made to the applicant, the court may grant administration to the applicant without further notice to you.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] applicant [ ] lawyer for applicant(s)
 
...........................[type or print name]..........................

Name of deceased:

Place of deceased's last residence:

Deceased's occupation:

Date of death:

Name and address of applicant for grant of administration:

Relationship of applicant to deceased:


Form 95 (Rule 21-5 (29) )

[Style of Proceeding]

ADMINISTRATION BOND

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

We, ................[name]................, of ................[address]................, ......................[occupation].................., ................[name]................, of ................[address]................, ................[occupation]................ and ................[name]................ of ................[address]................, .................[occupation]................, are jointly and severally bound to the Registrar of the Supreme Court of British Columbia at ........................, in the sum of $................ to be paid to the registrar, for which payment we bind ourselves and each of us, for the whole, our heirs, executors and administrators.

The condition of this obligation is that if the above named ................[name]................, the intended administrator of all the estate that by law devolves to and vests in the personal representative of the deceased, ................[name of deceased]................, when lawfully required,

(a) makes a true and perfect inventory of the estate that has or will come into his or her possession, control or knowledge, or into the possession or control of any other person for him or her,

(b) exhibits the inventory to the Supreme Court of British Columbia,

(c) well and truly collects and administers the estate according to law,

(d) makes a true account of his or her administration, and

(e) lodges the grant of administration in the court,

then this obligation will be void and of no effect, but otherwise will remain in full force.

 

Date: .................[dd/mmm/yyyy]..................      
Signed, sealed and delivered in the   ˥ ........................................................................
presence of:   } ........................................................................
...................................................................   } ........................................................................
...................................................................   }  
...................................................................   ˩  

Form 96 (Rule 21-5 (29) )

[Style of Proceeding]

ADMINISTRATION BOND ON RESEALING

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

We, ................[name]................, of ................[address]................, ......................[occupation].................., ................[name]................, of ................[address]................, ................[occupation]................ and ................[name]................ of ................[address]................, .................[occupation]................, are jointly and severally bound to the Registrar of the Supreme Court of British Columbia at ........................ in the sum of $................ to be paid to the registrar, for which payment we bind ourselves and each of us, for the whole, our heirs, executors and administrators.

The condition of this obligation is that if the above named ................[name]................, the administrator acting under letters of administration of the estate of ................[name of deceased]................, deceased, granted to him or her on ........[dd/mmm/yyyy]........, by ................[name of issuing court]................ and now about to be resealed in the Province of British Columbia under the Probate Recognition Act, when lawfully required,

(a) makes a true and perfect inventory of the estate in the Province of British Columbia that has or will come into his or her possession, control or knowledge, or into the possession or control of any other person for him or her,

(b) exhibits the inventory to the Supreme Court of British Columbia,

(c) well and truly collects and administers the estate according to law,

(d) makes a true account of his or her administration, and

(e) lodges the grant of administration in the court,

then this obligation will be void and of no effect, but otherwise will remain in full force.

 

Date: .................[dd/mmm/yyyy]..................      
Signed, sealed and delivered in the   ˥ ........................................................................
presence of:   } ........................................................................
...................................................................   } ........................................................................
...................................................................   }  
...................................................................   ˩  

Form 97 (Rule 21-5 (41) )

[Style of Proceeding]

CAVEAT – ESTATES

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

LET NOTHING BE DONE without notice to ................[name]................, caveator, in the estate of ................[name of deceased]................, deceased, late of ................[place]................, in the ................ of ................, who died on ........[dd/mmm/yyyy]........, at ................[place]................, in the ................ of ................ .

[State grounds for filing caveat as required by Rule 21-5 (41).]

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] caveator [ ] lawyer for caveator(s)
 
...........................[type or print name]..........................

Caveator's address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):


Form 98 (Rule 21-5 (46) )

[Style of Proceeding]

NOTICE TO CAVEATOR

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ................[name of caveator].................

TAKE NOTICE that, unless you file a notice of interest at the office of the Registrar of the Supreme Court of British Columbia at ........................, within 7 days after service of a copy of this notice, the caveat you filed in the estate of ........................, deceased, will be struck out by the registrar.

This notice was filed by or on behalf of ........................, whose address for service is ................................, and who claims a right to issue this notice on the ground ................[here state ground as provided in Rule 21-5 (46)]................ .

A copy of your notice of interest is to be served on the above address for service promptly after the original is filed at the office of the registrar.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] person filing notice

[ ] lawyer for person filing notice
 
...........................[type or print name]..........................

Form 99 (Rule 21-5 (50) )

[Style of Proceeding]

CITATION TO ACCEPT PROBATE AS EXECUTOR

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ........................[name and address of executor]........................

You are advised that unless, within 14 days after service of this citation on you, you apply for a grant of probate as executor of the will of ................[name]................, deceased, who died on ........[dd/mmm/yyyy]........ or within that time you file an answer undertaking to apply for probate within 14 days from the date of your answer, showing cause why administration with the will annexed should not be granted to ........[person intending to apply for administration with will annexed]........ of ........................[address]........................, this court may grant administration of the estate to him or her without further notice to you.

This citation was issued by ................[name of citator]........, whose address for service is ................................ .

If you answer this citation, your answer is to be filed at the registry at ........................ and a copy of that filed answer is to be served promptly on the above address for service.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] citator [ ] lawyer for citator(s)
 
...........................[type or print name]..........................

Form 100 (Rule 21-5 (50) )

[Style of Proceeding]

ANSWER TO CITATION TO ACCEPT EXECUTORSHIP

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

In answer to the citation dated ........[dd/mmm/yyyy]........,

[State undertaking to apply for probate within 14 days, or refusal to act as executor, or state grounds on which objection is taken to the citator applying for administration, as the case may be.]

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of executor
 
...........................[type or print name]..........................

Form 101 (Rule 21-5 (52) )

[Style of Proceeding]

CITATION TO PROPOUND AN ALLEGED WILL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ........................[names and addresses of executors and other persons named in alleged will]........................

It appears by the affidavit of ........................, .........[sworn/affirmed]........ ........[dd/mmm/yyyy]........, that the deceased, of ................[address]................, died on ........[dd/mmm/yyyy]........ and that the deceased left a document purporting to be a will, in which he or she appointed ........................ sole executor, and in which the following persons are named: ................[list all persons named]................ .

TAKE NOTICE that unless, within 14 days after service of a copy of this citation on you, you file at the office of the Registrar of the Supreme Court of British Columbia at ........................ written notice of your intention to apply with reasonable diligence for probate or administration based on the document referred to or show cause why probate or administration should not be granted to ................[name and address of person intending to apply]................, the court may grant probate or administration of the estate to ........................ without further notice to you and without regard to the document referred to.

This citation was issued by ................................, whose address for service is ........................................ .

If you answer this citation, your answer is to be filed at the registry at .............................. and a copy served on the above address for service.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] person intending to apply for

probate or administration [ ] person's lawyer
 
...........................[type or print name]..........................

Form 102 (Rule 21-5 (53) )

[Style of Proceeding]

ANSWER TO CITATION TO PROPOUND AN ALLEGED WILL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

In answer to the citation dated ........[dd/mmm/yyyy]........, I ........[State intention of applying for probate or administration based on the document referred to in the citation, or stating grounds on which objection is taken to the citator applying for probate or administration, as the case may be.]........ .

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] person cited [ ] lawyer for person cited
 
...........................[type or print name]..........................

Form 103 (Rule 21-5 (55) )

[Style of Proceeding]

CITATION TO BRING IN A WILL

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ........................................

It appears by the affidavit of ........................, ........[sworn/affirmed]........ ..........[dd/mmm/yyyy]........, that a testamentary document signed by ........................, deceased, of ........................, who died on ........[dd/mmm/yyyy]........, may be in your possession or control.

You are ordered to bring into registrar's office at the courthouse at ........................ and leave with the registrar any testamentary document signed by ........................ that is in your possession or control, within 14 days after service of this citation on you.

If no testamentary document is in your possession or control, you are within the same time to file in the registrar's office an affidavit to that effect setting out what knowledge you may have respecting any testamentary document signed by ........................, deceased.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
     Registrar

Form 104 (Rule 21-5 (56) )

[Style of Proceeding]

SUBPOENA – ESTATES

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ........................[name and address]........................

You are ordered to attend at the registrar's office at the courthouse at ........................ at ........[time of day]........ on ........[dd/mmm/yyyy]........ to be examined concerning the estate of ........................., deceased, and to deliver to me the following: ................[state documents or assets to be delivered]................ .

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
     Registrar

Form 105 (Rule 21-5 (63) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT TO LEAD TO RESEALING OF GRANT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:

1 .............................., late of .............................. in ......................, died on ........[dd/mmm/yyyy]........ domiciled in ........................, [having by his or her last will dated ........[dd/mmm/yyyy]........, appointed me his or her executor (or intestate, or as the case may be)].
2 A grant of probate of the will (or letters of administration of the estate) of the deceased was made to ........................ by the ................[court]................ on ........[dd/mmm/yyyy]........ .
3 I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.
4 The statement marked Exhibit A to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, that pass to the deceased's personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.
5 I will promptly disclose to the court the existence of any asset or liability that has not been disclosed in Exhibit A to this affidavit when I learn of the same.
6 I am the attorney of ..................................., lawfully appointed under his or her hand and seal, and authorized to apply to this court for the resealing of the grant. [Strike out this paragraph if not applicable.]
7 I believe there are no debts or liabilities in British Columbia for which the estate is or may be liable except as disclosed in Exhibit A, all of which have been paid [except ........[state whether any consent in writing has been given]........], and the estate is of small value, or, and the administrator is the beneficiary, or, and all persons who are or may be beneficially interested in the estate have consented in writing. [Strike out if not applicable. Paragraph 7 is required only to reseal letters of administration – s. 3 (2) to (5) Probate Recognition Act.]
SWORN (OR AFFIRMED) BEFORE ME    )  
at ...................................., British Columbia   )  
on ..............[dd/mmm/yyyy].............. .   ) ........................................................................
    )  
......................................................................................   )  
A commissioner for taking affidavits   )  
for British Columbia   )  
.....[print name or affix stamp of commissioner].....

This is Exhibit A referred to in the affidavit of

..................................., sworn (or affirmed)

before me on .......[dd/mmm/yyyy].........

 

................................................................

A commissioner for taking affidavits for

British Columbia

Estate of........................................................., Deceased

Statement of Assets, Liabilities and Distribution

Part I

Real Property (including mortgages and vendors' and

purchasers' interests in agreements for sale)
Within or Without

British Columbia
Value at Death
     
     
  Total   

Part II

Personal Property (all assets except real property) 
Within or Without

British Columbia
Value at Death
     
     
  Total   

Gross Value of Estate

Part III

Debts and Liabilities 
Paid or Unpaid Amount
     
     
  Total   
Safety Deposit Box No. Location: 

Part IV

Distribution of Estate
Name  Relationship Property Passing
      
     

Form 106 (Rule 21-5 (70) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT IN SUPPORT OF

APPLICATION TO PASS ACCOUNTS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, ................[occupation]................., SWEAR (OR AFFIRM) THAT:

1 A grant of administration of the estate of ........................, deceased, was made to me by this court on ........[dd/mmm/yyyy]........ .
2 I have administered the estate to the best of my ability.
3 I have filed with the registrar a full and correct accounting of the estate, showing all property, money and effects and the proceeds thereof which have come into my hands as personal representative, and also a full and correct statement of all disbursements, with a full and correct statement of the assets not yet disposed of.
4 I have not been awarded any compensation for my services as personal representative by this or any other court except ........................ .
5 The persons interested in the administration of the estate as beneficiaries of the deceased are as follows: ................................, and all of them are of the full age of 19 years except ........................ .
6 I know of no creditors of the estate who still have unsettled claims against it that I consider to be valid except ................................ .
7 The only portion of the estate that remains unadministered is as follows: ........................, and the reason it has not been administered is ........................ .
SWORN (OR AFFIRMED) BEFORE ME    )  
at ...................................., British Columbia   )  
on ..............[dd/mmm/yyyy].............. .   ) ........................................................................
    )  
......................................................................................   )  
A commissioner for taking affidavits   )  
for British Columbia   )  
.....[print name or affix stamp of commissioner].....

Form 107 (Rule 21-5 (72) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

STATEMENT OF ACCOUNT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:

1 Attached and marked as Exhibit A is a Statement of Account for the Estate of ........................ .
2 The information set out in this statement of account is true and complete to the best of my knowledge.
SWORN (OR AFFIRMED) BEFORE ME    )  
at ...................................., British Columbia   )  
on ..............[dd/mmm/yyyy].............. .   ) ........................................................................
    )  
......................................................................................   )  
A commissioner for taking affidavits   )  
for British Columbia   )  
.....[print name or affix stamp of commissioner].....

This is Exhibit A referred to in the affidavit of

..................................., sworn (or affirmed)

before me on .......[dd/mmm/yyyy].........

 

................................................................

A commissioner for taking affidavits for

British Columbia

STATEMENT OF ACCOUNT FOR THE ESTATE OF ...................................., DECEASED

For the period from ........[insert commencement date – dd/mmm/yyyy]........

to ........[effective date of this statement of account – dd/mmm/yyyy]........ .

1 In this Statement of Account, the "commencement date" means
  (a)  the deceased's date of death, or
   (b)  if one or more statements of account have been filed in respect of the estate under Rule 21-5 (72) of the Supreme Court Civil Rules, the effective date of the most recent of those statements of account.
2 This Statement of Account consists of the following:
  (a)  Statement of Assets and Liabilities of the Estate of ................................ as at ........[commencement date – dd/mmm/yyyy]........;
   (b)  Statement of Capital Transactions of the Estate of ................................;
   (c)  Statement of Income Transactions of the Estate of ................................;
   (d)  Statement of Assets and Liabilities of the Estate of ................................ as at ........[effective date – dd/mmm/yyyy]........;
   (e)  [include only if remuneration is sought at this time] Statement of Proposed Remuneration in relation to the Estate of ....................................................................................;
   (f)  Statement of Distribution of the Estate of .................................................................;
   (g)  Statement of Proposed Distribution of Residue of the Estate of ............................... .

Statement of Assets and Liabilities of the Estate of ................................

as at........[commencement date – dd/mmm/yyyy]........

Item Assets

[Describe estate assets, or include that information in

an attached Schedule and bring forward totals here.
]
Asset Values

[Set out fair market value as at the

commencement date of this statement of account.
]
A1    
A2    
    Total asset values $.........................
Item Liabilities

[Describe liabilities of estate, or include that information in an attached Schedule

and bring forward totals here.
]
Liabilities

[Set out amount of liability as at

the commencement date.
]
B1    
B2    
    Total amount of liabilities $.........................

Statement of Capital Transactions of the Estate of ................................

For the period from ........[commencement date – dd/mmm/yyyy]........

to ........[effective date of this statement of account – dd/mmm/yyyy]........

Item Date

[date of transaction – dd/mmm/yyyy]
Transaction

[Describe transactions, or include that

information in an attached Schedule and bring forward totals here.
]
Debit Credit
C1        
C2        
      Total of debits

$......................
Total of credits

$......................

Statement of Income Transactions of the Estate of ................................

For the period from ........[commencement date – dd/mmm/yyyy]........

to ........[effective date of this statement of account – dd/mmm/yyyy]........

Item Date

[date of transaction – dd/mmm/yyyy]
Transaction

[Describe transactions, or include that

information in an attached Schedule and bring forward totals here.
]
Debit Credit
D1        
D2        
      Total of debits

$......................
Total of credits

$......................

Statement of Assets and Liabilities of the Estate of ................................

as at........[effective date of this statement of account – dd/mmm/yyyy]........

Item Assets

[Describe each estate asset, or include that information in an attached Schedule and

bring forward totals here.
]
Asset Values

[Set out fair market value as at the effective date of this statement of account.]
E1    
E2    
    Total asset values $.........................
Item Liabilities

[Describe each liability of estate, or include that information in an attached Schedule and bring forward totals here.]
Liabilities

[Set out amount of liability as at the effective date of this statement of account.]
F1    
F2    
    Total amount of liabilities $.........................

Statement of Proposed Remuneration in relation to the Estate of ...............................

[Complete if remuneration is sought at this time.]

Capital Fee
(A) Proceeds of disposition of capital assets realized since the commencement date $
(B) Market value of capital assets, realized or transferred since the commencement date, in respect of which no proceeds of disposition have been obtained $
(C) Current value of unrealized capital assets included, on the commencement date, in the estate $
(D) Gross aggregate value of capital assets of estate – [(A) + (B) + (C)] $
(E) Capital Fee – (D) x ........% [insert claimed percentage, up to a maximum of 5%] $
Income Fee
(F) Gross income earned by the estate for period from ....[commencement date – dd/mmm/yyyy].... to .....[effective date of this statement of account – dd/mmm/yyyy]..... except interest income already capitalized and included in (D) $
(G) Income Fee – (F) x ........% [insert claimed percentage, up to a maximum of 5%] $
Care Management Fee

[Prepare one set of the following calculations for each reporting period following the commencement date, where a reporting period is each calendar year, or portion, from date of death to the date of final distribution.]
(H) Market value of estate assets as at the beginning of the reporting period $
(I) Market value of estate assets at the end of the reporting period $
(J) Average market value of estate assets for the reporting period [(H) + (I)] / 2 $
(K) Care and Management Fee for reporting period [(J) x 0.4%] $
Total of Fees Claimed
(L) Total remuneration sought – [(E) + (G) + (the total of every (K) determined for a reporting period following the commencement date)] $

Statement of Distribution of the Estate of ...............................

Specific Bequests and Legacies

Item Distribution (Yes/No) Date of distribution Beneficiary
       
       
       

Residue of Estate

(R1) Market value of estate assets at effective date of this statement of account $
(R2) Applicant's estimated reserve for final income tax, accounting and legal costs and remuneration $
(R3) Distributable estate (R1) - (R2) $

Statement of Proposed Distribution of Residue of the Estate of ...............................

Beneficiary

[Identify beneficiaries who receive assets or cash from residue.]
Assets

[Identify assets distributed to the

named beneficiary and the

market value of those assets.
]
Cash

[Indicate amount of cash distributed to the named beneficiary.]
[Name]   $
[Name]   $
[Name]   $
[Name]   $

Form 108 (Rule 21-8 (1) and (3) )

[Style of Proceeding]

JURISDICTIONAL RESPONSE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

The defendant, ........................[name]........................,

[Check one or both of the following boxes as applicable.]

[ ]  disputes that this court has jurisdiction over this defendant

[ ]  submits that this court ought not to exercise its jurisdiction over this defendant

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] defendant [ ] lawyer for defendant
 
...........................[type or print name]..........................

Defendant's address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):


Form 109 (Rule 22-2 (2) and (7) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit

of .............[name]............. in this case

and was made on .......[dd/mmm/yyyy].........

[Style of Proceeding]

AFFIDAVIT

[Rule 22-2 applies to affidavits and Rule 22-3 applies to all forms.]

I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:

1

2

3

SWORN (OR AFFIRMED) BEFORE ME    )  
at ...................................., British Columbia   )  
on ..............[dd/mmm/yyyy].............. .   ) ........................................................................
    )  
......................................................................................   )  
A commissioner for taking affidavits   )  
for British Columbia   )  
.....[print name or affix stamp of commissioner].....

[The following endorsement must be completed if required under Rule 22-2 (7) of the Supreme Court Civil Rules.]

Endorsement of Interpreter

[if applicable]

I, ................[name]................, of ................[address]................, ................[occupation]................ certify that:

1 I have a knowledge of the English and ........................ languages and I am competent to interpret from one to the other.
2 I am advised by the person swearing or affirming the affidavit and believe that the person swearing or affirming the affidavit understands the ........................ language.
3 Before the affidavit on which this endorsement appears was made by the person swearing or affirming the affidavit I correctly interpreted it for the person swearing or affirming the affidavit from the English language into the ........................ language and the person swearing or affirming the affidavit appeared to fully understand the contents.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
     Signature of interpreter

Form 110 (Rule 22-6 (1) )

[Style of Proceeding]

NOTICE OF APPOINTMENT OR CHANGE OF LAWYER

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

TAKE NOTICE that ................[name of new lawyer]................ has been appointed to act as the lawyer for ................[party(ies)]................ in place of ........[name of former lawyer, or, if the party was previously acting personally, omit reference to previous lawyer]........ .

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
     Signature of new lawyer

Party's address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):


Form 111 (Rule 22-6 (1) )

[Style of Proceeding]

NOTICE OF INTENTION TO ACT IN PERSON

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

TAKE NOTICE that I now intend to act personally in this proceeding in place of ................[name of lawyer]................ .

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
    Signature of party
 
...........................[type or print name]..........................

My address for service is: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):


Form 112 (Rule 22-6 (4) )

[Style of Proceeding]

NOTICE OF INTENTION TO WITHDRAW AS LAWYER

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

TAKE NOTICE that ................[name of lawyer]................ intends to withdraw as lawyer of record for ........[name of party]........in this proceeding.

Notice to the client and to all parties of record

If you object to the lawyer withdrawing from this proceeding you may, within 7 days after service of this notice, file in the registry and serve on the lawyer an objection in Form 113.

Notice to the client

If you do not object to the lawyer withdrawing from the proceeding, then you may file in the registry and serve on the other parties of record a notice of change of lawyer in Form 110, or a notice of intention to act in person in Form 111.

If you fail either to object or to file a notice in Form 110 or Form 111, service of all further documents on you may be made by other parties to the proceeding by mail to your last known address which is ........[set out last known address of the client]........ .

Lawyer's address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of lawyer intending to withdraw

Form 113 (Rule 22-6 (5) )

[Style of Proceeding]

OBJECTION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

........................[party(ies)]........................ object(s) to ................[name of the lawyer]................ withdrawing from this proceeding.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] objecting party

[ ] lawyer for objecting party(ies)
 
...........................[type or print name]..........................

Form 114 (Rule 22-6 (6) )

[Style of Proceeding]

NOTICE OF WITHDRAWAL OF LAWYER

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

TAKE NOTICE that ................[name of lawyer]................ has ceased to be the lawyer acting for ........................[party(ies)]................ and that for purposes of Rule 4-2 (7) of the Supreme Court Civil Rules the last known address of ........................[party(ies)]................ is ........[set out last known address of each party for whom the lawyer has ceased to act]........ .

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
    Signature of lawyer

Form 115 (Rule 22-8 (5) and (7) )

[Style of Proceeding]

WARRANT – CONTEMPT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To any Peace Officer

WHEREAS this court is of the opinion that ................[name and address of person or corporation]................ may be guilty of contempt of court;

YOU are hereby ordered to apprehend ................[name and address of person or director, officer, or employee of corporation]................ and promptly bring him or her before a judge of the Supreme Court, and, after that, to deal with him or her as directed.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of a Judge of the

Supreme Court of British Columbia
 
...........................[type or print name]..........................

Form 116 (Rule 22-8 (9) )

[Style of Proceeding]

UNDERTAKING

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

I, ................[name]................, of ................[address]................, understand that I have been apprehended and placed in custody on an allegation that I have failed to obey the attached order of the Supreme Court, dated ........[dd/mmm/yyyy]........ .

To be released from custody, I give the following undertaking to the court:

(a)  I promise that I will attend before a judge of the Supreme Court on ........[dd/mmm/yyyy]........ at ........[time of day]........ at ................[location]................ and will attend at the other times required by the court to be dealt with according to law,

(b)  I promise that I will strictly comply with the terms of the attached order and will otherwise keep the peace, and

(c)  I promise that [add conditions here].

[OR]

(c)  I promise that I will obey the attached conditions.

I understand that if I breach any of the promises made in this undertaking I may be arrested and brought before the court to be imprisoned or otherwise dealt with according to the law.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
    Signature of person being released

Form 117 (Rule 22-8 (10) )

[Style of Proceeding]

RELEASE ORDER

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

BEFORE THE HONOURABLE JUSTICE ....[dd/mmm/yyyy]....

ON THE APPLICATION of ........................[name]........................ who has been apprehended on an allegation that ....[he/she].... violated an order of the Supreme Court dated ........[dd/mmm/yyyy]........;

THIS COURT ORDERS that ........................................................ be released from custody on ....[his/her].... undertaking made and dated ........[dd/mmm/yyyy]........, a copy of which undertaking is attached to this order.

  By the Court.
   
  ..................................................................................
    Registrar

Form 118 (Rule 23-2 (3) )


Form 119 (Rule 23-3 (6) )

[Style of Proceeding]

ELECTRONIC FILING STATEMENT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

[Check whichever one of the following is correct and complete the required information.]

[ ]  I, ...............[name]................, am the lawyer acting for the ................[party(ies)]................ ................[name(s) of party(ies)]................ .

[ ]  I, ...............[name]................, am the ................[party]................ and I am not represented by a lawyer.

I advise as follows:

1 The................[type and identifying description of document]................ is being submitted for filing electronically [add the following if applicable] on behalf of the ................[party(ies)]................, ................[name(s) of party(ies)].................

2 The original paper version of the document being submitted for filing electronically appears to bear an original signature of the person identified as the signatory and I have no reason to believe that the signature placed on the document is not the signature of the identified signatory.

3 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 I have no reason to believe that it is not a true copy of the original paper version.

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of

[ ] party [ ] lawyer for party(ies)
 
...........................[type or print name]..........................

Form 120 (Rule 23-4 (17) )

[Style of Proceeding]

DECLARATION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Re Application for Payment out of Infant's Funds

I, ................[current name in full]................, of ................[address]................, DO SOLEMNLY DECLARE:

1 that I am the person for whom funds are held in court and I am the person named in the order of ................................ made on ........[dd/mmm/yyyy]........;
2 that I attained the full age of 19 years on ........[dd/mmm/yyyy]........ and submitted with this declaration is a copy of my birth certificate [or] my birth certificate for examination by the registry;
3 that I am entitled to payment of the funds;
[If the applicant's name has changed since the date of the order referred to in paragraph 1 of this declaration, check the following and provide the required proof.]
4 [ ]  that my name has been changed from that shown on the original court order. Proof is attached.

I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.

DECLARED BEFORE ME at   )  
...................................., British Columbia   )  
on ..............[dd/mmm/yyyy].............. .   ) ........................................................................
    )  
......................................................................................   )  
A commissioner for taking affidavits   )  
for British Columbia   )  
.....[print name or affix stamp of commissioner].....

If cheque is to be mailed to other than above address, state here: ..........................................................................

Authorization for Payment Out

[to be completed by the registry]

Original name [if changed]: ...................................................................     

Registry: ......................................................... Proceeding No.: ...............................................

Date paid into court: ......................[dd/mmm/yyyy]........................ Treasury No.: ..............................................

Amount (including accrued interest): $..................................................

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
    Registrar

Form 121 (Rule 23-6 (9) )

[Style of Proceeding]

NOTICE OF APPEAL FROM MASTER, REGISTRAR OR SPECIAL REFEREE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

WHEREAS on ........[dd/mmm/yyyy]........ ........[name of master, registrar or special referee]........ made the following [ ] decision [ ] order: ........................[state concisely the decision or order]........................;

TAKE NOTICE that ........[party(ies)]........ appeal(s) from that [ ] decision [ ] order on the following grounds: ..........[set out concisely the grounds of appeal]..........;

This appeal will be heard at ........[time of day]........ on ........[dd/mmm/yyyy]........ at the courthouse at ................................ by the presiding judge.

The appellant(s) estimate(s) that the hearing of the appeal will take ...........[time estimate]........... .

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] appellant [ ] lawyer for appellant(s)
 
...........................[type or print name]..........................

Form 122 (Rule 24-1 (10) )

[Style of Proceeding]

DEMAND

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ........................[party]........................

YOU ARE HEREBY REQUIRED to amend the ........[specify document to be amended – e.g. notice of civil claim, response to civil claim, etc.]........ in accordance with Rule 24-1 (10) of the Supreme Court Civil Rules.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] party making demand

[ ] lawyer for party(ies) making demand
 
...........................[type or print name]..........................

Rule 24-1 (10) of the Supreme Court Civil Rules states:

Demand for amendment

(10) A party to a transitional proceeding may, by demand in Form 122, demand that a document that is deemed under this rule to be a pleading, petition or response to petition be amended by the party who filed it to make it accord with these Supreme Court Civil Rules.

Form 123 (Appendix B Section 8)

[Style of Proceeding]

OFFER TO SETTLE COSTS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ........................[party(ies)]........................

TAKE NOTICE that ................[party(ies)]................ offer(s) to settle the amount of the bill of costs of ................[party(ies)]................ for the sum of $................ .

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of [ ] offering party

[ ] lawyer for offering party(ies)
 
...........................[type or print name]..........................

Form 124 (Appendix C, Schedule 1, Section 2 (2) )

CERTIFICATE OF MEDIATION

[Rule 22-3 (2) of the Supreme Court Civil Rules applies to this form.]

I, ................[name of mediator].................., certify that:

1 I am a member of a roster organization as defined in the Notice to Mediate (General) Regulation, B.C. Reg. 4/2001.
2 I conducted a mediation session in which the following persons participated: .......................................................................[if a participant in the mediation attended in a representative capacity, indicate that and identify the person(s) on whose behalf the representative participated]....................................................................... .
3 The parties to the mediation were unable to resolve all of the issues at the mediation session and I terminated the mediation.

 

Date: ................[dd/mmm/yyyy]................. .................................................................................
  Signature of mediator
 
...........................[type or print name, address and

phone number of mediator
]..........................

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