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"Point in Time" Regulation Content

Court Rules Act

Supreme Court Civil Rules

B.C. Reg. 168/2009

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Rule 1-1 July 1, 2010
March 18, 2013
March 31, 2014
Rule 1-2 July 1, 2010
Rule 2-1 July 1, 2010
Rule 2-1 March 31, 2014
Rule 2-2 July 1, 2014
Rule 3-3 July 1, 2011
July 1, 2012
Rule 3-4 July 1, 2010
Rule 3-5 July 1, 2010
Rule 3-8 July 1, 2010
July 1, 2011
Rule 4-3 March 18, 2013
Rule 4-3 March 31, 2014
Rule 4-4 July 1, 2010
Rule 4-5 July 1, 2010
Rule 5-1 July 1, 2014
Rule 5-3 July 1, 2010
Rule 6-1 July 1, 2010
Rule 6-1 July 1, 2014
Rule 6-2 July 1, 2010
Rule 7-1 July 1, 2010
Rule 7-2 July 1, 2010
July 1, 2012
Rule 7-4 July 1, 2010
Rule 8-1 July 1, 2010
July 30, 2010
Rule 8-1 July 1, 2014
Rule 8-2 July 1, 2010
Rule 8-4 July 1, 2010
Rule 8-5 July 1, 2014
Rule 9-1 July 1, 2010
Rule 9-2 July 1, 2011
Rule 9-5 July 1, 2010
Rule 9-7 July 1, 2010
July 30, 2010
Rule 11-6 July 1, 2010
Rule 12-1 July 1, 2010
July 1, 2013
Rule 12-2 April 25, 2012
Rule 12-2 July 1, 2016
Rule 12-3 July 1, 2010
Rule 12-4 July 1, 2010
July 1, 2011
Rule 12-6 July 1, 2011
July 1, 2013
Rule 13-2 July 1, 2010
Rule 13-3 July 1, 2010
Rule 13-4 July 1, 2010
July 1, 2011
Rule 14-1 March 31, 2014
Rule 15-1 July 1, 2010
April 25, 2012
Rule 16-1 July 1, 2010
July 1, 2011
Rule 18-3 July 1, 2011
Rule 19-1 July 1, 2011
July 1, 2012
Rule 20-2 July 1, 2010
Rule 20-3 May 26, 2014
Rule 20-5 July 1, 2011
July 1, 2010
July 1, 2012
July 1, 2015
Rule 20-6 May 26, 2014
Rule 21-4 March 31, 2014
Rule 21-5 March 31, 2014
Rule 21-6 March 31, 2014
Rule 21-8 July 1, 2010
Rule 22-2 July 1, 2010
Rule 22-3 March 31, 2014
July 1, 2015
Rule 23-2 July 1, 2010
Rule 23-3 March 18, 2013
Rule 23-3 July 1, 2014
Rule 23-5 July 1, 2013
Rule 23-6 July 1, 2012
July 1, 2013
Rule 23-6 March 31, 2014
Part 25 March 31, 2014
Rule 25-3 July 1, 2015
Rule 25-4 July 1, 2015
Rule 25-5 July 1, 2015
Rule 25-5 July 1, 2015
Rule 25-5 July 1, 2015
Rule 25-5 July 1, 2015
Rule 25-14 July 1, 2015
July 1, 2015
Appendix Form 1 July 1, 2010
July 1, 2011
Appendix A Form 3 July 1, 2011
Appendix A Form 5 July 1, 2011
Appendix A Form 8 April 25, 2012
Appendix A Form 15 July 1, 2011
July 1, 2014
July 1, 2015
Appendix A Form 16 July 1, 2014
July 1, 2015
Appendix A Form 17 July 1, 2010
March 31, 2014
July 1, 2014
Appendix A Form 17.1 July 1, 2014
Appendix A Form 17.2 July 1, 2014
Appendix A Form 21 July 1, 2010
Appendix A Form 22 July 1, 2010
July 1, 2016
Appendix A Form 23 July 1, 2016
Appendix A Form 31 July 1, 2010
March 31, 2014
Appendix A Form 32 July 1, 2010
July 30, 2010
Appendix A Form 34 July 1, 2010
Appendix A Form 35 July 1, 2010
April 25, 2012
March 31, 2014
Appendix A Form 40 July 1, 2010
July 1, 2011
July 1, 2015
Appendix A Form 41 July 1, 2011
July 1, 2016
Appendix A Form 42 July 1, 2010
July 1, 2011
Appendix A Form 43 July 1, 2013
Appendix A Form 48 July 1, 2010
Appendix A Form 51-54 July 1, 2011
Appendix A Form 59.1 July 1, 2011
Appendix A Form 61 July 1, 2011
Appendix A Form 62 July 1, 2010
Appendix A Form 63 July 1, 2010
Appendix A Form 66 July 1, 2011
July 1, 2013
March 31, 2014
Appendix A Form 70 March 31, 2014
Appendix A Form 73 July 1, 2010
July 1, 2011
Appendix A Form 74 July 1, 2010
July 1, 2011
Appendix A Form 79 July 1, 2010
April 25, 2012
July 1, 2012
Appendix A Form 80 July 1, 2011
July 1, 2012
July 1, 2015
Appendix A Form 82 July 1, 2011
Appendix A Form 90-107 March 31, 2014
Appendix A Form 112 July 1, 2010
July 1, 2011
Appendix A Form 116 March 31, 2014
Appendix A Form 117 March 31, 2014
Appendix A Form 118 July 1, 2011
July 1, 2012
Appendix A Form 119 July 1, 2012
Appendix A Form 121 July 1, 2010
Appendix A April 25, 2012
Appendix A.1 Form 1-43 March 31, 2014
Appendix A.1 Form P2 July 1, 2015
Appendix A.1 Form P3 July 1, 2015
Appendix A.1 Form P4 July 1, 2015
Appendix A.1 Form P5 July 1, 2015
Appendix A.1 Form P6 July 1, 2015
Appendix A.1 Form P9 July 1, 2015
Appendix A.1 Form P10 July 1, 2015
Appendix A.1 Form P14 July 1, 2015
Appendix A.1 Form P15 July 1, 2015
Appendix A.1 Form P19 July 1, 2015
Appendix A.1 Form P20 July 1, 2015
Appendix A.1 Form P21 July 1, 2015
Appendix B July 1, 2010
Appendix C Schedule 1 July 1, 2010
July 1, 2013
July 1, 2013
May 26, 2014
May 26, 2014
Appendix C Schedule 2 July 1, 2010
Appendix C Schedule 4 July 1, 2010
July 1, 2013
July 1, 2010
May 26, 2014
May 26, 2014

 Rule 1-1 (1) definitions of "family law case" and "pleading period" BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

"family law case" means a proceeding in which one or more of the following orders is sought:

(a) an order under the Divorce Act;

(b) an order under the Family Relations Act;

(c) an order in relation to an agreement between persons who are or have been married or who are or have been in a marriage like relationship, including a marriage agreement within the meaning of the Family Relations Act;

(d) an order for annulment of marriage;

(e) an order,

(i)  based on unjust enrichment or other trust claims, for an interest in property, or

(ii)  based on unjust enrichment, for compensation,

if the claim for the interest or compensation arises out of a marriage-like relationship;

(f) an order for a declaration of parentage;

(g) an order for adoption;

"pleading period", in relation to an action, means the time limited for filing a responding pleading to the pleading that was most recently filed in the action;

 Rule 1-1 (1) definition of "Chief Justice" added by BC Reg 119/2010 effective July 1, 2010.

 Rule 1-1 (1) definition of "family law case" BEFORE amended by BC Reg 18/2013 effective March 18, 2013.

"family law case" means a proceeding in which one or more of the following orders is sought:

(a) an order under the Divorce Act;

(b) an order under the Family Relations Act;

(c) an order in relation to an agreement between persons who are or have been married or who are or have been in a marriage-like relationship, including a marriage agreement within the meaning of the Family Relations Act;

(d) an order for annulment of marriage;

(e) an order,

(i)  based on unjust enrichment or other trust claims, for an interest in property, or

(ii)  based on unjust enrichment, for compensation,

if the claim for the interest or compensation arises out of a marriage-like relationship;

(f) an order for a declaration of parentage;

(g) an order for adoption;

 Rule 1-1 (1) definition of "party of record" paragraph (b) BEFORE repealed by BC Reg 41/2014 effective March 31, 2014.

(b) in a proceeding referred to in Rule 21-5, a person who has filed a notice of interest referred to in Rule 21-5 (47);

 Rule 1-2 (4) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Petitions and applications

(4)  If an enactment authorizes an application to the court or to a judge, the application must be

(a) by petition under Rule 16-1 or requisition under Rule 17-1, or

(b) if the application is for an order other than a final order, by application under Part 8,

whether or not the enactment provides for the mode of application.

 Rule 2-1 (3) (c.1) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 2-1 (3) (k) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(k) Rule 21-7 applies to a proceeding for foreclosure of the equitable right to redeem mortgaged property or for redemption.

 Rule 2-1 (2) (d) BEFORE amended by BC Reg 149/2013 effective March 31, 2014.

(d) the relief, advice or direction sought relates to a question arising in the administration of an estate of a deceased person or the execution of a trust, or the performance of an act by a person in the person's capacity as executor, administrator or trustee, or the determination of the persons entitled as creditors or otherwise to the estate or trust property;

 Rule 2-1 (2.1) was added by BC Reg 149/2013 effective March 31, 2014.

 Rule 2-1 (3) BEFORE amended by BC Reg 149/2013 effective March 31, 2014.

(3)Without limiting subrules (1) and (2), the following provisions apply to the following applications and proceedings:

 Rule 2-1 (3)(i) BEFORE amended by BC Reg 149/2013 effective March 31, 2014.

(i) Rule 21-4 applies to a proceeding in relation to the administration of an estate if the proceeding is contentious;

 Rule 2-1 (3)(j) BEFORE repealed by BC Reg 149/2013 effective March 31, 2014.

(j) Rule 21-5 applies to a proceeding in relation to the administration of an estate if the proceeding is not contentious;

 Rule 2-2 was enacted by BC Reg 120/2014 effective July 1, 2014.

 Rule 3-3 (3) (a) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(a) in the case of a notice of civil claim that is served on a person,

(i)  if the person resides anywhere in Canada, within 21 days after the person is served with the notice of civil claim,

(ii)  if the person resides in the United States of America, within 35 days after the person is served with the notice of civil claim, or

(iii)  if the person resides elsewhere, within 49 days after the person is served with the notice of civil claim;

 Rule 3-3(a) (i) to (iii) BEFORE amended by B.C. Reg 112/2012 effective July 1, 2012.

(i)  if the person was served anywhere in Canada, within 21 days after service,

(ii)  if the person was served anywhere in the United States of America, within 35 days after service, or

(iii)  if the person was served anywhere else, within 49 days after service;

 Rule 3-4 (7.1) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 3-5 (1.1), (16) and (17) were added by BC Reg 119/2010 effective July 1, 2010.

 Rule 3-5 (11) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Application of rules

(11)  Except to the extent that this rule otherwise provides, Rules 3-1, 3-3 and 3-8 apply to a third party notice as if it were a notice of civil claim and to a response to third party notice as if it were a response to civil claim.

 Rule 3-8 (1) (b) BEFORE amended by BC Reg. 119/2010 effective July 1, 2010.

(b) the time for filing and serving the response to civil claim has expired.

 Rule 3-8 (3) to (6) BEFORE re-enacted by BC Reg 95/2011 effective July 1, 2011.

Claim for specified or ascertainable amount

(3)  If the plaintiff's claim against a defendant is solely for recovery of money in a specified or ascertainable amount, the plaintiff may

(a) obtain judgment in Form 8 against that defendant for an amount not exceeding the total of

(i)  the amount claimed,

(ii)  the interest, if any, to which the plaintiff is entitled, and

(iii)  costs, and

(b) proceed with the action against any other defendant.

Interest

(4)  For the purpose of subrule (3), a claim may be treated as a claim for recovery of money in a specified or ascertainable amount even though

(a) part of the claim is for interest accruing after the date of the notice of civil claim, and

(b) the interest is to be computed from the date of the notice of civil claim to the date that judgment is granted.

Claim for damages to be assessed

(5)  If the plaintiff's claim against a defendant is solely for damages in an amount that is neither specified nor ascertainable, the plaintiff may

(a) obtain judgment in Form 8 against that defendant for damages to be assessed and costs, and

(b) proceed with the action against any other defendant.

Claim for detention of goods

(6)  If the plaintiff's claim against a defendant relates solely to the detention of goods, the plaintiff may

(a) obtain

(i)  judgment in Form 8 against that defendant for the delivery of the goods, or their value to be assessed and costs, or

(ii)  judgment in Form 8 for the value of the goods to be assessed and costs, and

(b) proceed with the action against any other defendant.

 Rule 3-8 (7) BEFORE repealed by BC Reg 95/2011 effective July 1, 2011.

Multiple claims

(7)  If a plaintiff's claim against a defendant includes a claim referred to in subrule (3), (5) or (6) and one or more other claims, the plaintiff may

(a) obtain judgment in Form 8 against the defendant under subrule (3), (5) or (6) for the claim referred to in that subrule,

(b) proceed with the action against that defendant in respect of any other claims, and

(c) proceed with the action against any other defendant.

 Rule 3-8 (8) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

Application to judge or master

(8)  If a registrar is not certain that a plaintiff's claim against a defendant relates to a claim within subrule (3), (5), (6) or (7), the registrar may refuse to grant judgment and the plaintiff may apply to a judge or master for default judgment.

 Rule 3-8 (9) and (10) BEFORE re-enacted by BC Reg 95/2011 effective July 1, 2011.

Judgment in other claims

(9)  If the plaintiff's claim against a defendant is not one referred to in subrules (3) to (6), the plaintiff may apply for judgment against the defendant under Rule 9-6.

Default by one of several defendants

(10)  If, in any action mentioned in subrule (9), there are several defendants and a defendant defaults in filing and serving a response to civil claim, the plaintiff may apply for judgment against that defendant under Rule 9-6 and the court may exercise any of its powers under Rule 9-6 or direct that the matter stand until the trial of the action.

 Rule 3-8 (13)(part) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

If a plaintiff has obtained judgment under subrule (5) or (6) or under subrule (7) (a) in relation to subrule (5) or (6), the plaintiff may, instead of proceeding to trial to assess the damages or the value of the goods, apply to the court, and, on that application, the court may

 Rule 4-3 (6) BEFORE amended by BC Reg 27/2013 effective March 18, 2013.

Service on Attorney General

(6)  A document to be served on the Attorney General must be served at the Ministry of Attorney General in the City of Victoria, and is sufficiently served if it is left during office hours with any lawyer on the staff of the Attorney General at Victoria or mailed by registered mail to the Deputy Attorney General at Victoria.

 Rule 4-3 (1) (f.1) was added by BC Reg 149/2013 effective March 31, 2014.

 Rule 4-3 (1) (g) BEFORE amended by BC Reg 149/2013 effective March 31, 2014.

(g) a citation referred to in Rule 21-5;

 Rule 4-4 (1) and (2) BEFORE amended by BC Reg. 119/2010 effective July 1, 2010.

Alternative service methods

(1)  If it is impracticable to serve a document by personal service or if the person to be served by personal service

(a) cannot be found after a diligent search, or

(b) is evading service of the documents,

the court may make an order, on application without notice, granting permission to use an alternative method of service.

If an alternative service method is permitted

(2)  If a document is to be served by an alternative method permitted under subrule (1), a copy of the entered order permitting that alternative method must be served with the document unless

(a) the court otherwise orders, or

(b) the alternative method of service permitted under subrule (1) is service by advertisement.

 Rule 4-5 (1), (3) and (5) BEFORE amended by BC Reg. 119/2010 effective July 1, 2010.

Service outside British Columbia without leave

(1)  An originating pleading or other document may be served on a person outside British Columbia without leave in any of the circumstances enumerated in section 10 of the Court Jurisdiction and Proceedings Transfer Act.

Application for leave to serve outside the jurisdiction

(3)  In any case not provided for in subrule (1), leave of the court must be obtained before an originating pleading or other document may be served outside British Columbia, and the court may grant such leave on an application referred to in subrule (4).

Service of order and related documents

(5)  If an order is made granting leave to serve an originating pleading or other document outside British Columbia, the following documents must be served with that originating pleading or other document:

(a) a copy of the filed notice of application or requisition for leave to serve;

(b) a copy of all filed affidavits in support of the application;

(c) a copy of the entered order granting leave to serve.

 Rule 5-1(5)(a) and (b) BEFORE amended by BC Reg 120/2014 effective July 1, 2014.

(a) the plaintiff must, within 14 days after the notice of case planning conference in the action was served by the plaintiff or, if the notice of case planning conference was served by another party of record, within 14 days after receipt of that notice of case planning conference,

(i) file the plaintiff's case plan proposal, and

(ii) serve a copy of the filed case plan proposal on all parties of record;

(b) each other party of record must, within 14 days after receipt of the plaintiff's case plan proposal,

(i) file the party's case plan proposal, and

(ii) serve a copy of the filed case plan proposal on all parties of record.

 Rule 5-3 (1) (s.1) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 6-1 (1) and (7) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(1)  Subject to Rules 6-2 (10) and 7-7 (5), a party may amend the whole or any part of a pleading filed by the party

Responding to amended pleading

(7)  If an originating pleading is amended under this rule and served under subrule (4) (b) on a person who is not yet a party of record, the person has the same period of time for filing a responding pleading to that amended originating pleading as the party had to file a responding pleading to the original version of the originating pleading.

 Rule 6-1(1) BEFORE amended by BC Reg 120/2014 effective July 1, 2014.

When pleadings may be amended

(1)Subject to Rules 6-2 (7) and (10) and 7-7 (5), a party may amend the whole or any part of a pleading filed by the party

(a) once without leave of the court, at any time before the earlier of the following:

(i) the date of service of the notice of trial, and

(ii) the date a case planning conference is held, or

(b) after the earlier of the dates referred to inparagraph (a) of this subrule, only with

(i) leave of the court, or

(ii) written consent of the parties of record.

[am. B.C. Reg. 119/2010, Sch. A, s. 10.]

 Rule 6-2 (1), (2), (3), (4) and (7) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Party ceasing to exist

(1)  If a party dies or becomes bankrupt, or a corporate party is wound up or otherwise ceases to exist, but the claim survives, the action may continue in spite of the death or bankruptcy or the corporate party having been wound up or ceasing to exist.

Effect of death

(2)  Whether or not the claim survives, an action may continue in spite of either party dying between the verdict or finding on the issues of fact and the entry of judgment, but judgment may be entered despite the death.

Assignment or conveyance of interest

(3)  If, by assignment, conveyance or death, an estate, interest or title devolves or is transferred, an action relating to that estate, interest or title may be continued by or against the person on whom that estate, interest or title has devolved or to whom that estate, interest or title has been transferred.

Change or transmission of interest or liability

(4)  If, after the start of an action,

(a) a change or transmission of interest or liability of a party takes place or a person interested comes into existence, and

(b) it becomes necessary or desirable that

(i)  a person not already a party should be made a party, or

(ii)  a person already a party should be made a party in another capacity,

the court may order that the action be continued between the continuing parties and the new party.

Adding, removing or substituting parties by order

(7)  At any stage of an action, the court, on application by any person, may, subject to subrules (9) and (10),

(a) order that a person cease to be party if that person is not, or has ceased to be, a proper or necessary party,

(b) order that a person be added or substituted as a party if

(i)  that person ought to have been joined as a party, or

(ii)  that person's participation in the action is necessary to ensure that all matters in the action may be effectually adjudicated on, and

(c) order that a person be added as a party if there may exist, between the person and any party to the action, a question or issue relating to or connected with

(i)  any relief claimed in the action, or

(ii)  the subject matter of the action

that, in the opinion of the court, it would be just and convenient to determine as between the person and that party.

 Rule 7-1 (9), (10), (11), (12), (14), (15) and (16) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Supplementary list of documents

(9)  If, after a list of documents has been served under this rule,

(a) it comes to the attention of the party serving it that the list is inaccurate or incomplete, or

(b) there comes into the party's possession or control a document that could be used by any party of record at trial to prove or disprove a material fact or any other document to which the party intends to refer at trial,

the party must promptly serve on the other parties of record a supplementary list of documents specifying the inaccuracy or document.

Party may demand documents required under this rule

(10)  If a party who has received a list of documents believes that the list omits documents or a class of documents that should have been disclosed under subrule (1) (a) or (9), the party may, by written demand, require the party who prepared the list to

(a) prepare a supplementary list of documents,

(b) serve on the demanding party the supplementary list of documents, and

(c) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (15) and (16).

Party may demand additional documents

(11)  If a party who has received a list of documents believes that the list should include documents or classes of documents that relate to any or all matters in question in the action but that are additional to the documents or classes of documents required under subrule (1) (a) or (9), the party, by written demand that identifies the additional documents or classes of documents with reasonable specificity and that indicates the reason why such additional documents or classes of documents should be disclosed, may require the party who prepared the list to

(a) prepare a supplementary list of documents,

(b) serve on the demanding party the supplementary list of documents, and

(c) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (15) and (16).

Response to demand for documents

(12)  A party who receives a demand under subrule (10) or (11) must, within 35 days after receipt, do one of the following:

(a) comply with the demand in relation to the demanded documents;

(b) comply with the demand in relation to those of the demanded documents that the party is prepared to list and indicate, in relation to the balance of the demanded documents,

(i)  why a supplementary list of documents that includes those documents is not being prepared and served, and

(ii)  why those documents are not being made available;

(c) indicate, in relation to the demanded documents,

(i)  why a supplementary list of documents that includes those documents is not being prepared and served, and

(ii)  why those documents are not being made available.

Court may alter requirements

(14)  On an application under subrule (13) or otherwise, the court may

(a) order that a party be excused from compliance with subrule (1), (3), (6), (15) or (16) or with a demand under subrule (10) or (11), either generally or in respect of one or more documents or classes of documents, or

(b) order a party to

(i)  prepare a supplementary list of documents to list additional documents that are or have been in the party's possession or control relating to any or all matters in question in the action,

(ii)  serve the supplementary list of documents on all parties of record, and

(iii)  make the originals of the newly listed documents available for inspection and copying in accordance with subrules (15) and (16).

Inspection of documents

(15)  A party who has served a list of documents on any other party must allow the other party to inspect and copy, during normal business hours and at the location specified in the list of documents, the listed documents that are in the listing party's possession or control, except those documents that the listing party objects to producing.

Copies of documents

(16)  If a party is entitled to inspect documents in the possession or control of another party, the party having possession or control of the documents must, on the request of the party entitled to inspection and on receiving payment in advance of the cost of reproduction and service, serve on the requesting party copies of the documents, if reproducible, for which a request has been made.

 Rule 7-2 (8) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Examination of guardian and infants

(8)  If a party to be examined for discovery is an infant, the infant, his or her guardian and his or her litigation guardian may be examined for discovery.

 Rule 7-2(13)(b) BEFORE amended by BC Reg 112/2012 effective July 1, 2012.

(b) in any other case, ensure that, at least 7 days before the examination for discovery, the person to be examined is served with an appointment in Form 23 and is tendered witness fees in the amount required under Schedule 3 of Appendix C;

 Rule 7-4 (3) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Continuing obligation to provide summary

(3)  If a party who has provided a witness list or an amended witness list later learns that the list is inaccurate or incomplete, the party must promptly amend the witness list to make it accurate and complete and serve a copy of the amended witness list on all parties of record.

 Rule 8-1 (6), (13), (15), (18), (19) (20) and (22) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Date and time if hearing time more than 2 hours

(6)  If the application is estimated to take more than 2 hours, the date and time of hearing must be fixed by a registrar.

Applicant may respond

(13)  An applicant who wishes to respond to any document served under subrule (12) must file and serve on each application respondent any responding affidavits no later than noon on the day before the date set for the hearing.

Application record

(15)  Subject to subrule (18), if an application will be opposed, the applicant must provide to the registry, no later than noon on the day before the date set for the hearing, an application record as follows:

(a) unless the application record is provided to the registry electronically, the application record must be in a ring binder or in some other form of secure binding;

(b) the application record must contain, in consecutively numbered pages, or separated by tabs, the following documents in the following order:

(i)  a title page bearing the style of proceeding and the names of the lawyers, if any, for the applicant and the application respondents;

(ii)  an index;

(iii)  a copy of the filed notice of application;

(iv)  a copy of each filed application response;

(v)  a copy of every filed affidavit and pleading, and of every other document other than a written argument, that is to be relied on at the hearing;

(vi)  if the application is brought under Rule 9-7, a copy of each filed pleading;

(c) the application record may contain

(i)  a draft of the proposed order,

(ii)  subject to subrule (16), a written argument,

(iii)  a list of authorities and

(iv)  a draft bill of costs;

(d) the application record must not contain

(i)  affidavits of service,

(ii)  copies of authorities, including case law, legislation, legal articles or excerpts from text books, or

(iii)  any other documents unless they are included with the consent of all the parties of record.

If application respondent's application is to be heard at the hearing

(18)  If an application respondent intends to set an application for hearing at the same time as the applicant's application, those parties must, so far as is possible, prepare and provide to the registry where the hearing is to take place a joint application record and agree to a date for the hearing of both applications.

Application record to be returned

(19)  Unless the court otherwise orders, the applicant must, unless the application record was provided to the registry electronically, retrieve the application record

(a) at the conclusion of the hearing, or

(b) if the hearing of the application is adjourned to a date later than the following court day, after the hearing is adjourned.

Application record to be returned to the registry

(20)  If the application record has been retrieved by the applicant under subrule (19) (b), the applicant must return the application record to the registry between 9:00 a.m. on the second court day before, and noon on the court day before, the new date set for the hearing of the application.

Application respondent may apply for directions

(22)  If the applicant does not set an application for hearing within a reasonable time after an application respondent has requested the applicant to do so, an application respondent may apply, by requisition in Form 17 on 2 days' notice, for directions.

 Rule 8-1 (21.1) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 8-1 (1), (4), (8) (a), (b), (9), (10) (b) (ii), (13), (14), (15), (17), (19) (b), (20) (21.1) and (22) BEFORE amended by BC Reg 241/2010 effective July 30, 2010.

Definition

(1)  In this rule, "application respondent" means a person who files an application response under subrule (9),

Contents of notice of application

(4)  A notice of application must be in Form 32, must not exceed 10 pages in length and must

(a) set out the orders sought,

(b) briefly summarize the factual basis for the application,

(c) set out the rule, enactment or other jurisdictional authority relied on for the orders sought and any other legal arguments on which the orders sought should be granted,

(d) list the affidavits and other documents on which the applicant intends to rely at the hearing of the application,

(e) set out the applicant's estimate of the time the application will take for hearing,

(f) subject to subrules (5) and (6), set out the date and time of the hearing of the application,

(g) set out the place for the hearing of the application in accordance with Rule 8-2, and

(h) provide the data collection information required in the appendix to the form.

(a) subject to paragraph (b) of this subrule, at least 7 days before the date set for the hearing of the application, or

(b) in the case of an application under Rule 9-7, at least 14 days before the date set for the hearing of the application.

Application response

(9)  A person who is served with documents referred to in subrule (7) of this rule and who wishes to respond to the notice of application (in this subrule called the "responding person") must file the following within 5 days after service or, in the case of an application under Rule 9-7, within 11 days after service

(a) an application response;

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

(i)  is to be referred to by the responding person at the hearing, and

(ii)  has not already been filed in the proceeding.

(ii)  list the affidavits and other documents on which the application respondent intends to rely at the hearing of the application, and

Applicant may respond

(13)  An applicant who wishes to respond to any document served under subrule (12) must file and serve on each application respondent any responding affidavits no later than 4 p.m. on the day that is one full day before the date set for the hearing.

[am. BC Reg. 119/2010, Sch. A, s. 17(b).]

No additional affidavits

(14)  Unless all parties of record consent or the court otherwise orders, a party must not serve any affidavits additional to those served under subrules (7), (12) and (13).

(15)  Subject to subrule (18), the applicant must provide to the registry where the hearing is to take place, no later than 4 p.m. on the day that is one full day before the date set for the hearing, an application record as follows:

Service of application record index

(17)  The applicant must serve a copy of the application record index on each application respondent no later than noon of the court day before the date set for the hearing.

(b) the amount of money available under the policy, and any communication from an insurer denying or limiting liability under the policy.

Information not to be disclosed

(20)  Despite subrule (19), information concerning the insurance policy must not be disclosed to the court at trial unless it is relevant to an issue in the action.

(b) serve a copy of the filed requisition on the application respondents at least 2 days before the date set for the hearing.

Application respondent may apply for directions

(22)  If, after an application has been adjourned generally, the applicant does not reset the application for hearing within a reasonable time after an application respondent has requested the applicant to do so, an application respondent may apply, by requisition in Form 17 on 2 days' notice, for directions.

[am. BC Reg. 119/2010, Sch. A, s. 17 (h).]

 Rule 8-1 (12) BEFORE repealed by BC Reg 241/2010 effective July 30, 2010.

Service of application response materials

(12)  An application respondent must serve on the applicant 2 copies of the following, and on every party of record one copy of the following, at least 2 days before the date set for the hearing of the application:

(a) a copy of the filed application response;

(b) a copy of each of the filed affidavits and documents, referred to in the application response under subrule (10) (b) (ii), that has not already been served on that person;

(c) if the application is brought under Rule 9-7, any notice that the application respondent is required to give under Rule 9-7 (9).

 Rule 8-1(7) BEFORE amended by BC Reg 120/2014 effective July 1, 2014.

Service of application materials

(7)The applicant must serve the following, in accordance with subrule (8), on each of the parties of record and on every other person who may be affected by the orders sought:

(a) a copy of the filed notice of application;

(b) a copy of each of the filed affidavits and documents, referred to in the notice of application under subrule (4) (d), that has not already been served on that person;

(c) if the application is brought under Rule 9-7, any notice that the applicant is required to give under Rule 9-7 (9).

[am. B.C. Reg. 120/2014, s. 4.]

 Rule 8-2 (7) and (8) BEFORE repealed by BC Reg 119/2010 effective July 1, 2010.

Transfer of file

(7)  If a procedure authorized by subrule (2) or (4) is followed,

(a) the registry out of which the proceeding is being conducted must, if practicable, transfer the file to the registry where the hearing is to take place, and

(b) after the disposition of the application, the registry where the hearing took place must return the file to the registry out of which the proceeding is being conducted.

Forwarding of materials if transfer of file impracticable

(8)  If it is not practicable to transfer the file in the manner contemplated by subrule (7) (a), the registry where the hearing took place must, after the disposition of the application, forward to the registry out of which the proceeding is being conducted

(a) all documents filed in relation to the application in the registry where the hearing took place, and

(b) any order made in that application.

 Rule 8-4 (1) (c) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(c) evidence in support of the application.

 Rule 8-4 (2) and (3) BEFORE repealed by BC Reg 119/2010 effective July 1, 2010.

Referral by registrar

(2)  On being satisfied that the materials appropriate for an application referred to in subrule (1) have been filed in accordance with subrule (1), a registrar may refer the application to a judge or, if the order sought is within the jurisdiction of a master, to a judge or master.

Disposition of referred applications

(3)  If an application is referred by a registrar to a judge or master under subrule (2), the judge or master may

(a) make the order, or

(b) give directions respecting the application.

 Rule 8-5(2) BEFORE amended by BC Reg 120/2014 effective July 1, 2014.

How to make a short notice application

(2)A short notice application may be made by requisition in Form 17, without notice, and in a summary way.

 Rule 9-1 (5) (c) and (d) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(c) award to a party, in respect of all or some of the steps taken in the proceeding after the date of delivery of the offer to settle, costs to which the party would have been entitled had the offer not been made;

(d) if the offer was made by a defendant and the judgment awarded to the plaintiff was no greater than the amount of the offer to settle, award to the defendant the defendant's costs in respect of all or some of the steps taken in the proceeding after the date of delivery of the offer to settle.

 Rule 9-2 (1) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

Settlement conference

(1)  If, at any stage of an action, a judge or master directs that the parties attend a settlement conference, the parties must attend before a judge or master who must, in private and without hearing witnesses, explore all possibilities of settlement of the issues that are outstanding.

 Rule 9-5 (1) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(1)  At any stage of a proceeding, the court may order to be struck out or amended the whole or any part of a pleading or other document on the ground that

 Rule 9-7 (7) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Application of Rules 11-6 and 11-7

(7)  Rules 11-6 (2) and 11-7 (1) apply to a summary trial application.

 Rule 9-7 (10) (b) BEFORE amended by BC Reg 241/2010 effective July 30, 2010.

(b) by a party who is not an applicant, in accordance with Rule 8-1 (12).

 Rule 11-6 (1) (d) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(d) the nature of the opinion being sought and each issue in the proceeding to which the opinion relates;

 Rule 11-6 (1) (e) BEFORE re-enacted by BC Reg 119/2010 effective July 1, 2010.

(e) the expert's opinion respecting each issue and, if there is a range of opinions given, a summary of the range and the reasons for the expert's own opinion within that range;

 Rule 12-1 (3) BEFORE re-enacted by BC Reg 119/2010 effective July 1, 2010.

Content of notice of trial

(3)  A notice of trial filed under subrule (2) must set out

(a) the date set out in a case plan order for the trial management conference required under Rule 12-2 or, if no date for a trial management conference is set out in a case plan order, the date obtained for the trial management conference from the registry, and

(b) the date set out in a case plan order for the trial or, if no trial date is set out in a case plan order, the trial date obtained from the registry.

 Rule 12-1(6) BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

When notice of trial must be served

(6)  Promptly after a notice of trial has been filed, the plaintiff, or such other party as may be ordered by the court, must serve a copy of the filed notice of trial on all parties of record.

 Rule 12-2 (2), (7), (9), (10) and (11) BEFORE amended by BC Reg 58/2012 effective April 25, 2012.

Trial management conference must be conducted by judge

(2)  If practicable, a trial management conference is to be conducted by the judge who will preside at the trial.

Non-attendance at trial management conference

(7)  If a person who, under subrule (4), is required to attend a trial management conference fails to attend at that trial management conference, the trial management conference judge may do one or more of the following:

(a) proceed in the absence of the person who failed to attend;

(b) adjourn the trial management conference;

(c) order that the person, or the party on whose behalf the person was to attend, pay costs to one or more other parties.

Orders at a trial management conference

(9)  The judge presiding at a trial management conference may consider the following and, without limiting the ability of the trial judge to make other orders at trial, may, whether or not on the application of a party, make orders respecting one or more of the following:

(a) a plan for how the trial should be conducted;

(b) whether or not the trial or any part of it is to be heard without a jury, on any of the grounds set out in Rule 12-6 (5);

(c) amendment of pleadings within a fixed time;

(d) admissions of fact at trial;

(e) admission of documents at trial, including

(i)  agreements as to the purposes for which documents may be admitted, and

(ii)  the preparation of common books of documents and document agreements;

(f) imposing time limits for the direct examination or cross-examination of witnesses, opening statements and final submissions;

(g) directing that a party provide a summary of the evidence that the party expects one or more of the party's witnesses will give at trial;

(h) directing that evidence of witnesses be presented at trial by way of affidavit;

(i) respecting experts, including, without limitation, orders that the parties' experts must, before the service of their respective reports, confer to determine and report on those matters on which they agree and those matters on which they do not agree;

(j) directing that the parties present opening statements and final submissions in writing;

(k) respecting when and how an issue between the party filing a third party notice and the third party may be tried;

(l) adjournment of the trial;

(m) directing that the number of days reserved for the trial be changed;

(n) directing the parties to attend a settlement conference;

(o) adjourning the trial management conference;

(p) directing the parties to attend a further trial management conference at a specified date and time;

(q) any other matter that may assist in making the trial more efficient;

(r) any other matter that may aid in the resolution of the proceeding;

(s) any orders the judge considers will further the object of these Supreme Court Civil Rules.

When approval in writing by lawyer not required

(10)  Without limiting Rule 13-1 (2), if an order under subrule (9) of this rule is signed or initialled by the trial management conference judge, that order need not be approved in writing by a lawyer or by a party.

Prohibited orders

(11)  A trial management conference judge must not, at a trial management conference,

(a) hear any application for which affidavit evidence is required, or

(b) make an order for final judgment, except by consent.

 Rule 12-2(3) BEFORE re-enacted by BC Reg 3/2016 effective July 1, 2016.

Trial brief required

(3)Unless the court otherwise orders, each party of record must, at least 7 days before the date set for the trial management conference,

(a) file a trial brief in Form 41, and

(b) serve a copy of the filed trial brief on all parties of record.

 Rule 12-2(3.1) to (3.6) were enacted by BC Reg 3/2016 effective July 1, 2016.

BC Reg 3/2016, s. 1(a) in regards to (3.5) was further amended by BC Reg 162/2016.

 Rule 12-2(6)(c) BEFORE repealed by BC Reg 3/2016 effective July 1, 2016.

(c) unless the court otherwise orders, may be made without notice.

 Rule 12-3(1)(b) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(b) particulars delivered under a demand, together with the demand made,

 Rule 12-4(3)(d) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 12-4(5) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

Failure to file

(5)  If no party of record files a trial certificate, the trial must be removed from the trial list.

 Rule 12-6 (3) (a) and (b) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(a) within 21 days after service of the notice of trial but at least 28 days before trial,

(i)  filing a notice in Form 47, and

(ii)  serving a copy of the filed notice on all parties of record;

(b) at least 28 days before trial, paying to the sheriff a sum sufficient to pay for the jury and the jury process.

 Rule 12-6(3) BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

Notice requiring jury trial

(3)  Subject to Rule 15-1 (10) and subrules (2) and (4) of this rule, a party may require that the trial of an action be heard by the court with a jury by doing the following:

(a) within 21 days after service of the notice of trial but at least 30 days before trial,

(i)  filing a notice in Form 47, and

(ii)  serving a copy of the filed notice on all parties of record;

(b) at least 30 days before trial, paying to the sheriff a sum sufficient to pay for the jury and the jury process.

[am. BC Reg. 95/2011, Sch. A, s. 5.]

 Rule 13-2 (35) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 13-3 (28) BEFORE repealed by BC Reg 119/2010 effective July 1, 2010.

Enforcement of certificate

(28)  If a certificate under Rule 14-1 (27) or 18-1 (2) has been filed, it may be enforced as if it were an order of the court.

 Rule 13-4 (5) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Examination of person other than judgment debtor

(5)  On being satisfied that any other person may have knowledge of the matters set out in subrule (1), the court may order that other person to be examined for discovery concerning the person's knowledge.

 Rule 13-4 (7) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

Application of examination for discovery rules

(7)  Rule 7-2 (4), (5), (11), (12), (13) (a) and (b), (14), (16) to (18), (22) to (28) applies to an examination under this rule.

 Rule 13-4 (10) and (11) were added by BC Reg 95/2011 effective July 1, 2011.

 Rule 14-1 (6) BEFORE repealed by BC Reg 44/2014 effective March 31, 2014.

Estate Administration Act

(6)Unless the court on application otherwise orders, if costs are payable for any non-contentious business under Rule 21-5, those costs

(a) must be assessed as special costs, and

(b) may be assessed without an order of the court,

and subrules (3) and (5) of this rule apply.

 Rule 15-1 (2) (a.1) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 15-1 (14) BEFORE amended by BC Reg 58/2012 effective April 25, 2012.

If trial will require more than 3 days

(14)  If, as a result of the trial management conference in a fast track action, the trial management conference judge considers that the trial will likely require more than 3 days, the trial management conference judge

(a) may adjourn the trial to a date to be fixed as if the action were not subject to this rule, and

(b) is not seized of the action.

 Rule 16-1 (10), (11) (11)(a), (12), (14), (15), (17), (19) (b) and marginal note to (23) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(10)  If the hearing of the petition is estimated to take more than 2 hours, the date and time of hearing must be fixed by a registrar.

(11)  Subject to subrule (13), if a petition respondent opposes any of the relief sought in the petition, the petitioner must provide to the registry, no later than noon on the day before the date set for the hearing, a petition record as follows:

(a) unless the petition record is provided to the registry electronically, the petition record must be in a ring binder or in some other form of secure binding;

(12)  The petitioner must serve a copy of the petition record index on each petition respondent no later than noon of the court day before the date set for the hearing.

(14)  Unless the court otherwise orders, the applicant must, unless the petition record was provided to the registry electronically, retrieve the petition record

Petition record to be returned to registry

(15)  If the petition record has been retrieved by the petitioner under subrule (14) (b), the petitioner must return the petition record to the registry between 9:00 a.m. on the second court day before, and noon on the court day before, the new date set for the hearing of the petition.

(17)  If the petitioner does not set a petition for hearing within a reasonable time after a petition respondent has requested the petitioner to do so, a petition respondent may apply, by requisition in Form 17 on 2 days' notice, for directions.

(b) subject to Rules 6-2 (10) and 7-7 (5),

After renewal of petition

(23)  Unless the court otherwise orders, a copy of each entered order granting renewal of a petition must be served with the renewed petition, and the renewed petition remains in force and is available to prevent the operation of any statutory limitation and for all other purposes.

 Rule 16-1 (16.1) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 16-1 (4) (c) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(c) unless the court otherwise orders, serve on the petitioner 2 copies and on every other party of record one copy of each document filed under paragraph (a) or (b) as follows:

(i)  if the petition respondent resides anywhere in Canada, within 21 days after the date on which a copy of the filed petition was served on the petition respondent under subrule (3);

(ii)  if the petition respondent resides in the United States of America, within 35 days after the date on which a copy of the filed petition was served on the petition respondent under subrule (3);

(iii)  if the petition respondent resides elsewhere, within 49 days after the date on which a copy of the filed petition was served on the petition respondent under subrule (3).

 Rule 16-1 (17) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

Petition respondent may apply for directions

(17)  If, after the hearing of a petition has been adjourned generally, the petitioner does not reset the hearing within a reasonable time after a petition respondent has requested the petitioner to do so, a petition respondent may apply, by requisition in Form 17 on 2 days' notice, for directions.

[am. BC Reg. 119/2010, Sch. A, s. 32 (g).]

 Rule 18-3 (8) (a) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(a) within 7 days after the service of the notice of appeal, file a notice of interest in Form 70, and

 Rule 19-1 (3) BEFORE repealed by BC Reg 95/2011 effective July 1, 2011.

Filings required

(3)  If a proceeding is transferred to the Supreme Court in the manner referred to in subrule (2), the claimant in the Provincial Court proceeding must

(a) obtain from the Provincial Court certified copies of

(i)  the transfer order,

(ii)  the notice of claim filed in the Provincial Court, and

(iii)  the replies, if any, filed in the Provincial Court, and

(b) file those certified copies in the registry of the Supreme Court.

 Rule 19-1 (4) to (6) BEFORE re-enacted by BC Reg 95/2011 effective July 1, 2011.

Documents to be filed as presented

(4)  On the documents referred to in subrule (3) being submitted for filing,

(a) a registrar must accept for filing

(i)  the notice of claim referred to in subrule (3) (a) (ii) as if it were a notice of civil claim that meets the requirements of Rule 3-1, and

(ii)  each reply referred to in subrule (3) (a) (iii) as if it were a response to civil claim that meets the requirements of Rule 3-3,

(b) the notice of claim referred to in subrule (3) (a) (ii), once filed, is deemed to be the notice of civil claim filed in the action, and

(c) each reply referred to in subrule (3) (a) (iii), once filed, is deemed to be a response to civil claim filed in the action.

Plaintiff must file and serve amended notice of civil claim

(5)  If the claimant in the Provincial Court proceeding wishes to continue with that proceeding after its transfer to the Supreme Court, the claimant must, as plaintiff in the Supreme Court action,

(a) amend the notice of claim referred to in subrule (4) (b)

(i)  by adding above the style of proceeding the words "Transferred Proceeding" in at least 14 point type, and

(ii)  by otherwise making the notice of claim accord with Rule 3-1,

(b) within 21 days after the transfer, file the amended notice of claim in the Supreme Court registry nearest to the Provincial Court registry in which the Provincial Court proceeding was started, and

(c) serve a copy of the filed amended notice of claim in accordance with Rule 3-2.

Amended reply and counterclaim

(6)  A defendant must, within 14 days after the date of service of the amended notice of claim under subrule (5),

(a) amend the reply referred to in subrule (4) (c)

(i)  by adding "Transferred Proceeding" in 14 point type above the style of proceeding, and

(ii)  by otherwise making the reply accord with Rule 3-3,

(b) amend any counterclaim filed by the defendant in the Provincial Court proceeding

(i)  by adding "Transferred Proceeding" in 14 point type above the style of proceeding, and

(ii)  by otherwise making the counterclaim accord with Rule 3-4,

(c) file the amended reply and any amended counterclaim in the Supreme Court registry referred to in subrule (5) (b), and

(d) serve a copy of the filed amended reply and any amended counterclaim in accordance with Part 3.

 Rule 19-1 (6.1) was enacted by BC Reg 95/2011 effective July 1, 2011.

 Rule 19-1 (8)(a) BEFORE repealed by BC Reg 112/2012 effective July 1, 2012.

(a) no fees are payable for the filings required under subrule (3);

 Rule 20-2 (16) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Litigation guardian must be appointed

(16)  If no response to civil claim, response to counterclaim or response to petition has been filed to a notice of civil claim, counterclaim or petition on behalf of a person under disability, the person who started the proceeding, before continuing the proceeding against the person under disability, must obtain an order from the court appointing a litigation guardian for the person under disability.

 Rule 20-3 (12) and (13) BEFORE repealed by BC Reg 90/2014 effective May 26, 2014.

Representation of deceased person interested in a proceeding

(12)If the estate of a deceased person has an interest in a matter in question in a proceeding but there is no personal representative, the court may proceed in the absence of a person representing the estate of the deceased person or may appoint a person to represent the estate for the purposes of the proceeding, and an order made or granted in the proceeding binds the estate to the same extent as the estate would have been bound had a personal representative of the deceased person been a party to the proceeding.

Notice of application may be required

(13)Before making an order under subrule (12), the court may require notice of the application to be given to a person having an interest in the estate.

 Rule 20-5 (3) (c) BEFORE repealed by BC Reg 95/2011 effective July 1, 2011.

(c) one of the following:

(i)  proof that the applicant receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act;

(ii)  an affidavit in Form 80.

 Rule 20-5 (1) and (5) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Court may determine indigent status

(1)  If the court, on application made in accordance with subrule (3) before or after the start of a proceeding, finds that a person receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act or is otherwise indigent, the court may order that no fee is payable by the person to the government under Appendix C in relation to the proceeding unless the court considers that the claim or defence

(a) discloses no reasonable claim or defence, as the case may be,

(b) is scandalous, frivolous or vexatious, or

(c) is otherwise an abuse of the process of the court.

No fee payable

(5)  Despite anything in this rule, if the court makes an order in relation to a person under this rule, no fee is payable to the government by that person in relation to

(a) the proceeding,

(b) the part of the proceeding,

(c) the period of time, or

(d) the steps

to which the order applies.

 Rule 20-5 title and (1) BEFORE amended by BC Reg 112/2012 effective July 1, 2012.

Rule 20-5  -  Persons Who Are Indigent

(1)  If the court, on application made in accordance with subrule (3) before or after the start of a proceeding, finds that a person receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act or is otherwise indigent, the court may order that no fee is payable by the person to the government under Schedule 1 of Appendix C in relation to the proceeding unless the court considers that the claim or defence

(a) discloses no reasonable claim or defence, as the case may be,

(b) is scandalous, frivolous or vexatious, or

(c) is otherwise an abuse of the process of the court.

 Rule 20-5 title and (1) BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

Rule 20-5 — Persons Who Are Impoverished

Court may determine impoverished status

(1)If the court, on application made in accordance with subrule (3) before or after the start of a proceeding, finds that a person receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act or is otherwise impoverished, the court may order that no fee is payable by the person to the government under Schedule 1 of Appendix C in relation to the proceeding unless the court considers that the claim or defence

(a) discloses no reasonable claim or defence, as the case may be,

(b) is scandalous, frivolous or vexatious, or

(c) is otherwise an abuse of the process of the court.

[am. B.C. Regs. 119/2010, Sch. A, s. 34 (a); 112/2012, Sch. A, s. 4 (b).]

 Rule 20-6 was added by BC Reg 90/2014 effective May 26, 2014.

 Rule 21-4 BEFORE repealed by BC Reg 149-2013 effective March 31, 2014.

Rule 21-4 — Administration of Estates (Contentious)

Interpretation

(1)In this rule, "probate action" means an action for

(a) the grant of probate of the will of, or letters of administration of the estate of, a deceased person,

(b) the revocation of a grant, or

(c) an order pronouncing for or against the validity of an alleged testamentary paper,

but does not include a proceeding governed by Rule 21-5.

Dispute as to the validity of a testamentary paper

(2)In an action in which the validity of a testamentary paper is questioned, all persons having an interest in upholding or disputing its validity must be joined as defendants.

Start of action

(3)A probate action must be started by notice of civil claim, and Part 1 of the notice of civil claim must contain a statement of the interest of the plaintiff and of each defendant in the estate of the deceased.

Parties

(4)Each person who is entitled or claims to be entitled to administer the estate of a deceased person under or by virtue of an unrevoked grant of probate or letters of administration must be made a party to any action for revocation of the grant, and by leave of the court a person interested in the estate, but not named as a defendant, may defend the action as if the person were a defendant.

Action for revocation of grant

(5)In an action for the revocation of a grant of probate or administration,

(a) if the action is started by a person to whom the grant was made, the person must file the grant within 7 days after the filing of the notice of civil claim, or

(b) if a defendant to the action has the grant in his or her possession or under his or her control, the defendant must file it within 7 days after the service of the notice of civil claim on him or her,

and the person to whom the grant was issued must not act under it without leave of a registrar.

Failure to lodge grant on action for revocation

(6)If a person fails to comply with subrule (5), a registrar may issue a citation in Form 90 calling on the person to bring the grant into the registry, and a person against whom the citation is issued must not take any step in the action without leave of the court until the person has complied with the citation.

Counterclaim

(7)A defendant to a probate action who alleges that he or she has a claim or is entitled to relief in respect of a matter relating to the grant of probate or letters of administration must serve a counterclaim in respect of that claim or relief.

Failure to serve notice of civil claim

(8)If the plaintiff fails to serve a notice of civil claim, a defendant may, with the leave of the court, serve a counterclaim, and the action must then proceed as if the defendant were the plaintiff.

Response to civil claim limited to proof in solemn form

(9)In a probate action, a response to civil claim may state that

(a) the defendant merely requires that the will be proved in solemn form, and

(b) the defendant only intends to cross-examine the witnesses produced in support of the will,

and, in that event, the defendant is not liable for costs unless the court determines that there was no reasonable ground for requiring proof in solemn form.

Certain rules not to apply

(10)Rules 3-8 (1), (2), (9) and (10) and 9-8 do not apply to a probate action.

Order for discontinuance or dismissal

(11)At any stage of a probate action, the court may order the action be discontinued or dismissed, and may order that a grant of probate or administration be made to the person entitled.

Compromise

(12)A probate action must not be compromised without leave of the court.

 Rule 21-5 BEFORE repealed by BC Reg 149-2013 effective March 31, 2014.

Rule 21-5 — Administration of Estates (Non-Contentious)

Interpretation

(1)Unless a contrary intention appears, the interpretation section of the Estate Administration Act applies to this rule.

Application

(2)This rule applies to the obtaining of a grant of probate or administration in a circumstance in which there is no contention as to the right to obtain that grant and includes

(a) the obtaining of grants of probate or administration in contentious cases in which the contest has been concluded,

(b) the filing of caveats against the granting of probate or administration,

(c) the fixing of remuneration and passing of accounts, and

(d) all non-contentious matters relating to testacy and intestacy, not being matters in an action.

Application for probate or letters of administration

(3)Application for probate or letters of administration may be made in any registry.

Documents to be deposited

(4)Subject to subrule (14), an applicant for probate or letters of administration must

(a) deposit with a registrar the original will, if any, and

(b) file

(i) a requisition in Form 17,

(ii) an affidavit of executor or administrator in Form 91, 92 or 93, and

(iii) any further affidavits as may be required by these Supreme Court Civil Rules.

Proof of death if exact date is known

(5)If an applicant for probate or letters of administration specifies in the affidavit referred to in subrule (4) (b) (ii) the date on which the testator or the intestate died, no further proof of death is to be required by a registrar.

Proof of death if exact date is unknown

(6)If the fact of the death is certain, but the exact date is unknown, the affidavit referred to in subrule (4) (b) (ii) must state the date on which the deceased was last seen alive and the date on which his or her body was found.

Approval by registrar

(7)A registrar may approve the application and mark the documents as approved, but if the registrar refuses to approve the application, the registrar must note on the documents his or her reasons for refusing approval.

Hearing of application

(8)The applicant for probate or letters of administration may set down the application for hearing by the court at any time after a registrar has approved or refused to approve it.

Proof of execution if no attestation clause

(9)If there is no attestation clause to a will or codicil, or if the attestation clause is insufficient, a registrar must require an affidavit from at least one of the subscribing witnesses, if they or either of them are living, to prove that the requirements of the Wills Act as to execution were, in fact, complied with.

Affidavit of witness

(10)If it appears to a registrar, on perusing the affidavit of a subscribing witness, that the requirements of the Wills Act were not or may not have been complied with, a registrar must refuse to approve the application.

Proof if no affidavit of witness

(11)If no affidavit can be obtained from either subscribing witness, an affidavit must be provided from any other person present at the execution of the will or codicil, but if no affidavit of any person can be obtained, evidence must be provided on affidavit

(a) of that fact and of the handwriting of the deceased and the subscribing witnesses, and

(b) of any circumstances that may raise a presumption in favour of proper execution.

Proof of date of execution

(12)If there is doubt as to the date on which a will was executed, a registrar may require evidence he or she thinks necessary to establish the date, and must, if satisfied as to that date, endorse a note of the date on the will.

Proof in solemn form

(13)If the circumstances appear to justify the direction, the court may direct that proof of the will be made in solemn form.

Petition required

(14)A proceeding for proof of a will in solemn form must be started by petition in Form 66 and Rule 16-1 applies.

Service

(15)After a proceeding is started under subrule (14) for proof of a will in solemn form, copies of the petition must be served by personal service on all persons having an interest in upholding or contesting the validity of the will.

Interlineations and alterations

(16)If an interlineation or alteration appears in the will and the interlineation or alteration is not properly executed, or recited in, or otherwise identified by, the attestation clause, an affidavit must be filed to provide proof that the interlineation or alteration was in the will before the will's execution unless the alteration is of small importance and is evidenced by the initials of the attesting witnesses.

When words erased or obliterated do not form part of probate

(17)Words in a will that have been erased or obliterated do not form part of the probate if

(a) the erasure or obliteration is proved to have existed in the will at the time of the will's execution,

(b) the erasure or obliteration is properly executed and attested, or

(c) the erasure or obliteration is rendered valid by the re-execution of the will, or by the subsequent execution of a codicil.

When erased or obliterated words form part of probate

(18)Words in a will that have been erased or obliterated form part of the probate as if they had not been erased or obliterated if

(a) no satisfactory evidence can be tendered as to the time when the erasure or obliteration was made, and

(b) the words erased or obliterated are not entirely effaced but can be ascertained on inspection.

Affidavit explaining

(19)If words that might have been of importance have been erased or obliterated, a registrar may require an affidavit explaining the circumstances.

Document referred to in a will

(20)If a will contains a reference to a document and that reference is of such nature as to raise a question as to whether the document ought to form part of the will, a registrar must require the production of the document to ascertain whether it is entitled to probate.

Accounting for non-production

(21)If a document that is required by a registrar under subrule (20) is not produced, its non-production must be accounted for.

What documents may form part of will

(22)A document cannot form part of a will unless the document was in existence at the time the will was executed.

Appearance of the paper

(23)If there is an indication on the testamentary papers leading to the inference that a document has been attached to them, the indication must be satisfactorily explained, or a registrar must require the document to be produced, and, if not produced, its non-production must be accounted for.

Notice to next of kin

(24)If a person applies for letters of administration under section 6 of the Estate Administration Act, the names and kinship of those having a prior right or an equal right to a grant must be shown, and unless it is also shown that each of those persons has consented or renounced, a registrar may direct notice to be given in Form 94 to any of them by mail.

Limited administration

(25)Unless the court otherwise orders, a limited administration must not be granted unless every person entitled to a general grant has consented or renounced, or has been cited and has failed to file an appearance.

Person entitled to general grant must not take limited grant

(26)Unless the court otherwise orders, a person entitled to a general grant of administration of the personal estate and effects of a deceased must not be permitted to take a limited grant.

Grants to an attorney

(27)If a person entitled to administration resides outside British Columbia, administration, or administration with the will annexed, may be granted to the person or the person's attorney acting under a power of attorney.

Grants of administration to guardians

(28)With the consent of the Public Guardian and Trustee, a grant of administration may be made to the guardians of an infant for the infant's use and benefit.

Administration bonds

(29)Unless the court otherwise orders, the bond to be given on any grant of administration must be in Form 95 or 96.

Affidavit of surety

(30)The sureties in an administration bond are required to prove by affidavit that they together have assets equal to the amount of the bond.

Registrar not to become surety

(31)A registrar must not become surety to any administration bond.

Administration bond requirements

(32)In all cases other than those to which section 20 (1) to (4) of the Estate Administration Act applies, unless the court otherwise orders, not fewer than 2 sureties are required to the administration bond, and the bond must be in an amount as the court may order, and the court may also order that more than one bond be given so as to limit the liability of a surety.

Time of issuing grant

(33)Unless the court otherwise orders, a grant of probate or administration must not issue until after 7 days from the death of the deceased.

Delay in application

(34)If probate or administration is applied for more than 3 years after the death of the deceased,

(a) the reason for the delay must be set out in an affidavit, and

(b) a registrar may require further proof of the alleged cause of delay as the registrar thinks fit.

Identity of parties

(35)A registrar may require proof, in addition to the affidavit of the executor or administrator, of the identity of

(a) the deceased, or

(b) the party applying for a grant.

Proof of search for will

(36)On every application for administration, it must be shown that a search for a will or testamentary paper has been made in all places where the deceased usually kept his or her documents, and the applicant must file a letter from the Director of Vital Statistics showing the results of a search at the director's office for a notice of a will filed by or on behalf of the deceased under the Wills Act.

Affidavit of will search not required

(37)An executor who swears or affirms that the executor is presenting the last will of the deceased, and who files a letter from the Director of Vital Statistics showing the results of a search at the director's office for a notice of a will filed by or on behalf of the deceased, must not be required by a registrar to prove by affidavit that the executor made a search for a later will.

Renunciations

(38)A person, other than an official administrator, who renounces as executor of the will or who renounces the right to apply for administration of the estate of a deceased person in one capacity must not be appointed the personal representative of the deceased in another capacity.

Caveats

(39)A person intending to oppose the issue of a grant of probate or administration must file, in any registry of the court, a caveat that complies with subrules (41) and (42).

Registrar notification

(40)A registrar in whose registry a caveat has been filed must promptly notify the registrar at Victoria and that registrar must promptly notify all other registrars in British Columbia.

Contents of caveat

(41)A caveat must be in Form 97 and the caveator must declare in the caveat the nature of his or her interest in the property of the deceased, and state generally the grounds on which the caveat is filed.

Signature of caveator

(42)The caveat must be signed by the caveator, or by the caveator's lawyer, and must state an address for service in accordance with Rule 4-1.

Time caveat in force

(43)Subject to subrule (48), a caveat remains in force for 6 months after being filed, unless it is sooner withdrawn by notice filed by the caveator, and then it expires and is of no effect, but by order of the court it may be renewed from time to time.

No grant while caveat in force

(44)A grant of administration or probate must not be made while a caveat is in force.

Notice to caveator

(45)A person intending to apply for probate or administration or claiming an interest in an estate with respect to which a caveat has been filed

(a) may file in the registry in which the caveat was filed a notice to caveator that complies with subrule (46), and

(b) if a notice to caveator is filed under paragraph (a), must serve a copy of that filed document on the caveator at the address for service set out in the caveat.

Contents of notice

(46)The notice to caveator must be in Form 98, must state the name and interest of the person on whose behalf it is issued and, if that person claims under a will or codicil, must also state

(a) the date of the will or codicil, and

(b) the person's address for service.

Notice of interest

(47)A notice of interest filed in relation to a notice to caveator must be in Form 70.

Effect of failure to file notice of interest

(48)If a notice to caveator has been filed and a copy served on the caveator and no notice of interest has been filed within the time stated in the notice to caveator, a registrar must cancel the caveat and notify the registrar at Victoria.

Citation to accept executorship

(49)If an executor fails to apply for the probate of a will, any person interested may cite the executor to accept or refuse probate of the will, or to show cause why administration should not be granted to the executor or to some other person having a prior right who is willing to accept the grant, but a citation must not issue until 14 days after the testator's death.

Form of citation and answer

(50)A citation under subrule (49) must be in Form 99 and an answer must be in Form 100.

Citation to propound an alleged will

(51)If there is or may be a document that may be alleged to be a will of a deceased person, a citation to propound the document as a will may be issued by any person interested.

Citation

(52)A citation referred to in subrule (51) must

(a) be in Form 101,

(b) be supported by affidavit, and

(c) be directed to the executor and any other person named in the document.

Answer

(53)An answer to a citation referred to in subrule (51) must be in Form 102.

Citation to bring in a will

(54)If a testamentary document may be in the possession or control of a person, a citation may be issued to the person calling on the person to do one of the following:

(a) deposit with a registrar any testamentary document in the person's possession or control;

(b) state under oath that no testamentary document is in the person's possession or control.

Citation

(55)A citation referred to in subrule (54) must be in Form 103 and must be supported by affidavit.

Subpoena

(56)If it is shown by affidavit, to the satisfaction of a registrar, that a person has knowledge of a will or other document or of any asset relating to or belonging to an estate, the registrar may issue a subpoena in Form 104 for service on that person.

Filing and service of citations

(57)A citation must be served by personal service and Part 4 applies.

Filing and service of answers

(58)An answer must be filed and served.

Foreign grants

(59)If probate or administration has been granted by a court of competent jurisdiction outside British Columbia and the grant cannot be resealed under the provisions of the Probate Recognition Act,

(a) a grant of administration, limited to the estate of the deceased in British Columbia, may be made to the attorney of the personal representative appointed by the foreign court, or

(b) an ancillary grant of probate or administration may be made to the personal representative appointed by the foreign court.

Foreign wills

(60)A copy of a foreign will to be annexed to a grant of administration must be certified by the court out of which probate or administration has been granted.

Application to reseal grant

(61)An application to reseal a grant of probate or letters of administration under the Probate Recognition Act may be made in any registry by the personal representative or the representative's attorney.

Filing required

(62)An applicant for resealing a grant of probate or letters of administration under the Probate Recognition Act must file the grant of probate or letters of administration, or a copy certified by the issuing court.

Affidavit on resealing

(63)An application for resealing a grant of probate or letters of administration under the Probate Recognition Act must be accompanied by an affidavit of the executor, administrator or attorney in Form 105.

Evidence of domicile of deceased on resealing

(64)If the domicile of the deceased at the time of death, as sworn to or affirmed in the affidavit referred to in subrule (63), differs from that suggested by the description in a foreign grant, a registrar may require further evidence as to domicile.

Application to be marked if registrar not satisfied

(65)If a registrar is satisfied that the deceased was not at the time of death domiciled within the jurisdiction of the court from which the foreign grant issued, the registrar must mark the application accordingly.

Application of other rules on resealing

(66)Subrules (7) and (8) apply to an application for resealing a grant of probate or letters of administration under the Probate Recognition Act.

Grant to be resealed

(67)A grant of probate or administration or a certified copy must not be resealed unless it includes a copy of any testamentary paper admitted to probate.

Notice of resealing

(68)Notice of a resealing of a grant must be sent to the court from which the grant issued.

Notice of revocation or alteration to resealing court

(69)If a registrar has notice of the resealing of a British Columbia grant, the registrar must give to the court that resealed it notice of any revocation of, or alteration in, the grant.

Remuneration and passing of accounts

(70)An application to the court for passing of accounts and remuneration must be made, without notice, by notice of application supported by an affidavit in Form 106.

Directions and referrals

(71)On an application under subrule (70), the court must give all necessary directions and may refer the matter to a registrar under Rule 18-1.

Affidavit required for passing of accounts and remuneration

(72)As part of an application for the passing of accounts and remuneration under subrule (70), the applicant must file an affidavit, in Form 107,

(a) describing the assets and liabilities of the estate for which the statement is prepared as at the later of

(i) the date of the deceased's death, and

(ii) the effective date of the most recent of any previous accounting done under this rule,

(b) describing capital transactions since the applicable date referred to in paragraph (a), including expenses related to and necessary for the maintenance of capital assets,

(c) describing income transactions, other than transactions included under paragraph (b), since the applicable date referred to in paragraph (a), including the payment of any liabilities of the estate,

(d) describing the assets and liabilities of the estate as at the effective date of the statement of account,

(e) including a calculation of the remuneration, if any, claimed by the applicant for

(i) the applicant, and

(ii) any previous trustee for whom a claim for remuneration has not yet been made,

(f) describing all distributions made or anticipated to be made out of the estate, and

(g) including, in any other schedules, details or information the court may require or the applicant may consider relevant.

 Rule 21-6 title BEFORE amendeded by BC Reg 149-2013 effective March 31, 2014.

Rule 21-6 — Wills Variation Act

 Rule 21-6 (1) BEFORE amendeded by BC Reg 149-2013 effective March 31, 2014.

Proceedings under the Wills Variation Act

(1)A proceeding under section 2 of the Wills Variation Act must be started by a notice of civil claim.

 Rule 21-6 (2)(a)(i) and (ii) BEFORE amendeded by BC Reg 149-2013 effective March 31, 2014.

(i) the surviving spouse and children of the testator;

(ii) all beneficiaries under the testator's will whose interest may be affected by the order sought;

 Rule 21-6 (3) BEFORE amendeded by BC Reg 149-2013 effective March 31, 2014.

Response to civil claim

(3)In a response to civil claim, a defendant may raise a claim under section 2 of the Wills Variation Act on his or her own behalf, and any other party may serve a reply.

 Rule 21-6 (4) BEFORE amendeded by BC Reg 149-2013 effective March 31, 2014.

These Supreme Court Civil Rules apply

(4)A proceeding under the Wills Variation Act is governed by these Supreme Court Civil Rules.

 Rule 21-8 (1) and (3) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(1)  A party who has been served with a notice of civil claim, counterclaim, third party notice or petition in a proceeding, whether that service was effected in or outside British Columbia, may, after filing a jurisdictional response in Form 108,

(3)  If a party who has been served with a notice of civil claim, counterclaim, third party notice or petition in a proceeding, whether served in or outside British Columbia, alleges that the notice of civil claim, counterclaim, third party notice or petition is invalid or has expired or that the purported service of the notice of civil claim, counterclaim, third party notice or petition was invalid, the party may, after filing a jurisdictional response in Form 108, apply for one or both of the following:

 Rule 22-2 (13) (b) (i) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(i)  in respect of an application for an order that does not seek a final order, or

 Rule 22-3 (1) BEFORE amendeded by BC Reg 149-2013 effective March 31, 2014.

Forms

(1)The forms in Appendix A must be used if applicable, with variations as the circumstances of the proceeding require, and each of those forms must be completed by including the information required by that form in accordance with any instructions included on the form.

 Rule 22-3 subrule (5.1) was enacted by BC Reg 103/2015 effective July 1, 2015.

 Rule 23-2 (4) (c) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(c) any of the following documents, unless their submission by fax is authorized by the Trial Coordinator of the receiving registry:

 Rule 23-2 (4) (c) (iii) and (iv) BEFORE repealed by BC Reg 119/2010 effective July 1, 2010.

(iii)  an application for a trial date;

(iv)  a request for a trial date;

 Rule 23-3 (3) (a) BEFORE amended by BC Reg 27/2013 effective March 18, 2013.

(a) enter into an agreement with the Court Services Branch of the Ministry of Attorney General respecting the terms and conditions under which those filings may be made, and

 Rule 23-3(5)(b)(ii) BEFORE amended by BC Reg 120/2014 effective July 1, 2014.

(ii) an application record or a petition record;

 Rule 23-5(3) BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

Urgency or convenience

(3)  In case of urgency, the court or a registrar may conduct a hearing and make an order or decision by telephone or other communication medium.

 Rule 23-5(4.1) was added by BC Reg 65/2013 effective July 1, 2013.

 Rule 23-5(5)(part) BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

(5)  An application under subrule (4) for a direction that an application be heard by way of telephone, video conference or other communication medium

 Rule 23-6(4)(b) BEFORE amended by BC Reg 112/2012 effective July 1, 2012.

(b) exercise the powers that, under Rule 22-1 (2) and (3), may be exercised by the court,

 Rule 23-6(3.1) and (3.2) were added by BC Reg 65/2013 effective July 1, 2013.

 Rule 23-6 (3) BEFORE repealed by BC Reg 149-2013 effective March 31, 2014.

Powers of a master in estates

(3)A master has the powers of the court to dispose of all non-contentious business in the administration of estates.

 Part 25 was enacted by by BC Reg 149/2013 effective March 31, 2014.

BC Reg 149/2013 was partially amended by BC Reg B.C. Reg. 44/2014 effectuve March 31, 2014.

 Rule 25-3 subrule (14.1) was enacted by BC Reg 103/2015 effective July 1, 2015.

 Rule 25-4 subrule (6)(b) BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

(b) proceed under Rule 25-9 to request a hearing by the court.

 Rule 25-5 subrule (1) BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

Applications to correct

(1)If the person to whom an estate grant is issued, or on whose behalf a foreign grant is resealed, determines that there is a clerical mistake, or an error arising from an accidental slip or omission, in the estate grant or resealed foreign grant, the person may apply to the registrar to correct the estate grant or resealed foreign grant.

[en. B.C. Reg. 149/2013, s. 8.]

 Rule 25-5 subrule (2) BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

Registrar may correct

(2)If, on an application under subrule (1) respecting an estate grant or a resealed foreign grant, the registrar is satisfied that a clerical mistake or an error has occurred in the estate grant or resealed foreign grant, the registrar may correct the clerical mistake or error by issuing to the applicant a correction record in Form P20.

[en. B.C. Reg. 149/2013, s. 8.]

 Rule 25-5 subrule (3) BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

Application for amendment

(3)On application, the court may order that an authorization to obtain estate information, an authorization to obtain resealing information, an estate grant or the resealing of a foreign grant be amended and,

(a) if the person applying for the amendment is the person to whom the estate grant, authorization to obtain estate information or authorization to obtain resealing information was issued or on whose application the foreign grant was resealed, that person must provide to the registry the original estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant, along with all certified and notarial copies of it, concurrently with the filing of the application record provided under Rule 8-1 (15), or

(b) if the person applying for the amendment is not the person to whom the estate grant, authorization to obtain estate information or authorization to obtain resealing information was issued or on whose application the foreign grant was resealed,

(i) that person must, without limiting Rule 8-1, ensure that the person who has possession or control of the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant is served with the notice of application and supporting materials, and

(ii) the person who has possession or control of the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant must file the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant no later than 4 p.m. on the day that is one full day before the date set for the hearing.

[en. B.C. Reg. 149/2013, s. 8.]

 Rule 25-5 subrule (5)(a)(i) BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

(i) must provide to the registry the original estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant, along with all certified and notarial copies of it, concurrently with the filing of the notice of application, and

 Rule 25-14 subrule (1)(part) and (d) BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

How to apply for most applications

(1)A person may apply in accordance with Part 8, or, if nothing has been filed in relation to the estate, may, despite Rule 2-1 (1) and (2) (a) and (b), apply by requisition in Form P41, for an order

(d) removing or substituting a personal representative or, if different, the holder of an authorization to obtain estate information or the holder of an authorization to obtain resealing information,

 Rule 25-14 subrule (1)(g) BEFORE repealed by BC Reg 103/2015 effective July 1, 2015.

(g) appointing an administrator of an estate under section 132 of the Wills, Estates and Succession Act,

 Rule 25-14 subrule (1.1) and (1.2) were enacted by BC Reg 103/2015 effective July 1, 2015.

 Form 1 Appendix BEFORE repealed by BC Reg 119/2010 effective July 1, 2010.

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 motor vehicle accident

[ ]  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 3:

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

 Form 1 Appendix A BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(a)  if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed notice of civil claim was served on you,

(b)  if you reside in the United States of America, within 35 days after the date on which a copy of the filed notice of civil claim was served on you,

(c)  if you reside elsewhere, within 49 days after the date on which a copy of the filed notice of civil claim was served on you, or

 Form 3 Appendix A BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(a) if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed counterclaim was served on you,

(b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed counterclaim was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed counterclaim was served on you, or

 Form 5 Appendix A BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(a) if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed third party notice was served on you,

(b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed third party notice was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed third party notice was served on you, or

 Form 8 BEFORE amended by BC Reg 58/2012 effective April 25, 2012.

Form 8 (Rule 3-8 (2), (3), (5), (6) and (7) )

[Style of Proceeding]

BEFORE A REGISTRAR

DEFAULT JUDGMENT

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

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

[ ]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)]....................;

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

THIS COURT ORDERS that:

 [ ][if Rule 3-8 (3) is applicable] the defendant(s) ....................[name(s)].................... pay to the plaintiff(s) the sum of $....................;
 [ ][if Rule 3-8 (5) is applicable] the defendant(s) ....................[name(s)].................... pay to the plaintiff(s) damages to be assessed;
 [ ][if Rule 3-8 (6) (a) (i) is applicable] 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;
 [ ][if Rule 3-8 (6) (a) (ii) is applicable] 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]..................... ;

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

THIS COURT FURTHER ORDERS that the defendant(s) ....................[name(s)].................... pay to the plaintiff(s):

 [ ]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 15 Appendix A BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

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.

 Appendix A, Form 15 BEFORE amended by BC Reg 120/2014 effective July 1, 2014.

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 15(part) BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

[  ] the following documents that have been filed in this proceeding: [Using one line for each filed document served by personal service on the named person, describe the document including its date if available – e.g. notice of family claim between .............[name(s)]............. and ............[name(s)]............ bearing court stamp dated ........[dd/mmm/yyyy]........ , affidavit of .................[name]................. sworn ........[date]........ and bearing court stamp dated ........[dd/mmm/yyyy]........ , etc.]

 Appendix A, Form 16 BEFORE amended by BC Reg 120/2014 effective July 1, 2014.

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 16(part) BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

[  ] the following documents that have been filed in this proceeding: [Using one line for each filed document served by personal service on the named person, describe the document including its date if available – e.g. notice of family claim between ..........[name(s)].......... and ..........[name(s)].......... bearing court stamp dated ........[dd/mmm/yyyy]........, affidavit of .................[name]................... sworn ...........[date]........... and bearing court stamp dated ..........[dd/mmm/yyyy]........ , etc.]

 Form 17 heading BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Form 17 (Rules 4-6 (1), 5-1 (4), 5-2 (4), 5-4 (1), 8-1 (22), 8-5 (2), 9-4 (1),12-2 (6),
13-3 (25), 16-1 (17), 20-5 (3), 21-5 (4), 23-1 (9), 23-3 (10) and 23-5 (5) )

 Form 17 heading BEFORE amended by BC Reg 149/2013 effective March 31, 2014.

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) )

 Appendix A, Form 17 title BEFORE amended by BC Reg 120/2014 effective July 1, 2014.

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), 23-1 (9),
23-3 (10), 23-5 (5) and 25-5 (6) )

 Appendix A, Form 17.1 was enacted by BC Reg 120/2014 effective July 1, 2014.

 Appendix A, Form 17.2 was enacted by BC Reg 120/2014 effective July 1, 2014.

 Part of Form 21 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

APPROVED AS TO FORM

 Form 22 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

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 3.]

No.Date of document
[dd/mmm/yyyy]
Description of documentIndicate by a check mark if the document is no longer in the listing party's possession or controlIndicate, 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 documentIndicate 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 QUESTIONS 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 documentIndicate 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 documentGrounds 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 22 (part) BEFORE amended by BC Reg 3/2016 effective July 1, 2016.

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

 Form 23 (part) BEFORE amended by BC Reg 3/2016 effective July 1, 2016.

Date: ................[dd/mmm/yyyy]..................................................................................................
 Signature of [  ] party wishing to conduct
examination [  ] lawyer for party(ies) wishing
to conduct examination
 
...........................[type or print name]..........................

 Form 31 title BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

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
1The rule or other enactment relied on is ......................[set out rule or enactment relied on]...................... .
2Attached 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]..................... .

 

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

 Form 31 BEFORE amended by BC Reg 149/2013 effective March 31, 2014.

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

 Form 32 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

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]........... .

TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to receive notice of the time and date of the hearing or to respond to the application, you must

(a) file an application response in Form 33 within 5 days after the date of service of this notice of application or, if the application is brought under Rule 9-7 of the Supreme Court Civil Rules, within 11 days after the date of service of this notice of application, and

(b) at least 2 days before the date set for the hearing of the application, serve on the applicant 2 copies, and on every other party one copy, of a filed copy of the application response and the other documents referred to in Rule 9-7 (12) of the Supreme Court Civil Rules.

 

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.]

[ ]document discovery
[ ]oral examination for discovery
[ ]amend pleadings
[ ]add/change parties
[ ]summary judgment
[ ]summary trial
[ ]service
[ ]mediation
[ ]adjournments
[ ]proceedings at trial
[ ]case plan orders
[ ]experts

 Part of Form 32 BEFORE amended by BC Reg 241/2010 effective July 30, 2010.

TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to respond to the application, you must

(a) file an application response in Form 33 within 5 days after the date of service of this notice of application or, if the application is brought under Rule 9-7 of the Supreme Court Civil Rules, within 11 days after the date of service of this notice of application, and

(b) at least 2 days before the date set for the hearing of the application, serve on the applicant 2 copies, and on every other party one copy, of a filed copy of the application response and the other documents referred to in Rule 9-7 (12) of the Supreme Court Civil Rules.

 Part of Form 34 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Consented to:

 Part of Form 35 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

THIS COURT ORDERS that:

1

2

APPROVED AS TO FORM

 Form 35 BEFORE amended by BC Reg 58/2012 effective April 25, 2012.

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.]

BEFORE

THE HONOURABLE JUSTICE ................
or A JUDGE OF THE COURT
or
MASTER ...................................................
or A MASTER OF THE COURT


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

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]................;
[ ]without notice coming on for hearing at ...................... on ........[dd/mmm/yyyy]........ and on hearing ................[name of party/lawyer]................;
[ ]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

 Part of Form 35 title BEFORE amended by BC Reg 149/2013 effective March 31, 2014.

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

 Form 40 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

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 and trial management conference of this proceeding have been set down at the following places, dates and times:

 Trial Management ConferenceTrial
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 partyTime Estimate
  
  

I undertake to pay all hearing fees payable under Appendix C, Schedule 1, Item 14.

 

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

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 40 Appendix A BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

I undertake to pay all hearing fees payable under Appendix C, Schedule 1, Item 14.

 Form 40(part) BEFORE repealed by BC Reg 103/2015 effective July 1, 2015.

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

 Form 41, line below added preceding "1 Summary of Issues and Positions" Appendix A BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

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

 Form 41 BEFORE re-enacted by BC Reg 3/2016 effective July 1, 2016.

Form P41 (Rule 25-14 (1) )

No. .....................
................................. Registry

In the Supreme Court of British Columbia

In the Matter of the Estate of .......[legal name of deceased]......., deceased

REQUISITION — ESTATES

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

Filed by: .........................[person(s)].........................

Required:

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.

3 The evidence in support of the application is ............................................ .

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

This requisition is filed by .....................[name]....................., whose address for service is as follows:

[You must 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.]

Street address for service: .......................................................................................................

Fax number address for service (if any): ..............................

E-mail address for service (if any): ......................................

Telephone number: ...............................................................

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

 Form 42 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

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:

1I will be ready to proceed on the scheduled trial date, ........[date trial is scheduled to begin – dd/mmm/yyyy]........, at ..............[place of trial]................ .
2My current estimate is that the trial will last ................ days.
3I have completed all examinations for discovery.
4If the action is settled before trial, I will give the registrar prompt notice of the settlement.
5I 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 42, Items 9 and 10, Appendix A were added by BC Reg 95/2011 effective July 1, 2011.

 Form 43 BEFORE re-enacted by BC Reg 65/2013 effective July 1, 2013.

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/the deposition examination of ....................[name]....................]........ all documents in your possession or control relating to the matters in question [and, if applicable, the following physical objects: .........................................................................................................................................................] .

 

Date: ................[dd/mmm/yyyy]..................................................................................................
 Signature of [ ] party requiring production
[ ] lawyer for party(ies) requiring production
 
...........................[type or print name]..........................

 Form 48 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

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

 

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

 Forms 51 to 54, Appendix A, "Name and address of lawyer or person causing this writ to be issued: ................................................ ." was added following "[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]" by BC Reg 95/2011 effective July 1, 2011.

 Form 59.1, Appendix A, was added by BC Reg 95/2011 effective July 1, 2011.

 Form 61, Appendix A, "Filed by: .........................[party(ies)]........................." was added following "[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]" by BC Reg 95/2011 effective July 1, 2011.

 Form 62 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

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:$................$................ 
 PST:$................$................ 
 GST:$................$................ 
 Total:$................$................$................
DISBURSEMENTS    
 DescriptionClaimedAllowed 
 ........................................$................$................ 
 ........................................$................$................ 
 ........................................$................$................ 
 ........................................$................$................ 
 PST:$................$................ 
 GST:$................$................ 
 Total:$................$................$................
     
TOTAL ALLOWED $................$................
     
Date: ............[dd/mmm/yyyy]............. .....................................................................................
   Signature of assessing officer

 Form 63 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

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 ClaimedAllowed 
To enter judgment under Rule 3-8 $................$................ 
Additional costs, if any, ordered under
section 6 (5) of Appendix B
 $................$................ 
 Total:$................$................$................
     
DISBURSEMENTS    
Description ClaimedAllowed 
................................ $................$................ 
................................ $................$................ 
................................ $................$................ 
................................ $................$................ 
 PST:$................$................ 
 GST:$................$................ 
 Total:$................$................$................
TOTAL ALLOWED   $................
Date: ............[dd/mmm/yyyy]............. .....................................................................................
   Signature of assessing officer

 Form 66, Appendix A, "ON NOTICE TO: ................[name and address of each person to be served]................" was added following "[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]" by BC Reg 95/2011 effective July 1, 2011.

 Form 66, Appendix A, (a) to (c) following "A response to petition must be filed and served on the petitioner(s)," BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(a) if you reside anywhere within Canada, within 21 days after the date on which a copy of the filed petition was served on you,

(b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed petition was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed petition was served on you, or

 Form 66, Appendix A, line following Part 4 BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

The petitioner(s) estimate(s) that the hearing of the petition will take ............. minutes.

 Form 66 line BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

This proceeding has been started by the petitioner(s) for the relief set out in Part 1 below.

 Appendix A, Form 66 title BEFORE amended by BC Reg 149/2013 effective March 31, 2014.

Form 66 (Rules 16-1 (2) and 21-5 (14) )

 Appendix A, Form 70 title BEFORE amended by BC Reg 149/2013 effective March 31, 2014.

Form 70 (Rules 18-1 (22), 18-2 (8), 18-3 (8) and 21-5 (47) )

 Form 73 a line of text was added BEFORE If you intend to oppose the appeal, you or your lawyer must. by BC Reg 119/2010 effective July 1, 2010.

 Form 73, Appendix A, (a) to (c) following "A Notice of Interest must be filed and served on the appellant(s)," BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(a) if you reside in British Columbia, within 7 days after the date on which a copy of the filed notice of appeal was served on you,

(b) if you reside anywhere else within Canada, within 21 days after the date on which a copy of the filed notice of appeal was served on you,

(c) if you reside in the United States of America, within 28 days after the date on which a copy of the filed notice of appeal was served on you,

 Form 74 a line of text was added before If you intend to oppose the appeal, you or your lawyer must. by BC Reg 119/2010 effective July 1, 2010.

 Part of Form 74 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

ATTACHED is the standard set of directions, in the form directed by the Chief Justice, governing the conduct of the appeal.

 Form 74, Appendix A, (a) to (c) following "A Notice of Interest must be filed and served on the appellant(s)," BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(a) if you reside in British Columbia, within 7 days after the date on which a copy of the filed notice of appeal was served on you,

(b) if you reside anywhere else within Canada, within 21 days after the date on which a copy of the filed notice of appeal was served on you,

(c) if you reside in the United States of America, within 28 days after the date on which a copy of the filed notice of appeal was served on you,

 Part of Form 79 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

THIS COURT ORDERS that no fee is payable by ..........[name of person]......... to the government under Appendix C in relation to this proceeding subject to the following: ...................................................................................................;

THIS COURT ORDERS that no fee is payable by ..........[name of person]......... to the government under Appendix C in relation to

 Form 79 BEFORE amended by BC Reg 58/2012 effective April 25, 2012.

Form 79 (Rule 20-5 (3) )

[Style of Proceeding]

ORDER FOR INDIGENT STATUS

[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 ...................[name]....................[add, if applicable, coming on before me on ..........[dd/mmm/yyyy].......... and on hearing ....................[name of party/lawyer].................. and ...................[name of party/lawyer]..................];

THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Schedule 1 of Appendix C in relation to this proceeding subject to the following: ..................................................

[OR]

THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Schedule 1 of Appendix C in relation to

[ ] this proceeding

[ ] the following part(s) of this proceeding: ................[describe part(s)]................

[ ] this proceeding during the following period(s): ................[describe period(s)]................

[ ] the following steps in this proceeding: ................[describe step(s)]................

subject to the following: ................[set out any conditions on this order]................ .

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

 Form 79 title BEFORE amended by BC Reg 112/2012 effective July 1, 2012.

ORDER FOR INDIGENT STATUS

 Form 80, Item 7 BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

7  Attached as Exhibit A is a financial statement that accurately sets out the monthly income, expenses and assets of my household.

 Form 80 title and item 2 BEFORE amended by BC Reg 112/2012 effective July 1, 2012.

AFFIDAVIT IN SUPPORT OF INDIGENT APPLICATION

2  I make this affidavit in support of my application for an order that I be declared indigent with respect to the payment of fees set out in Schedule 1 of Appendix C of the Supreme Court Civil Rules.

 Form 80, section 2 BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

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.

 Form 82, Appendix A, (a) to (c) following "A response to civil claim must be filed and served on the plaintiff(s)," BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(a) if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed notice of civil claim was served on you,

(b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed notice of civil claim was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed notice of civil claim was served on you, or

 Appendix A, Forms 90 to 107 BEFORE repealed by BC Reg 149/2013 effective March 31, 2014.

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.
2I 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)].
3I 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.]........ .
4To the best of my knowledge the deceased ........[did/did not]........ marry or remarry after the date of the will.
5To 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.
6I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.
7The 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.
8I 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.
9I 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 UnpaidAmount
   
   
 Total  
Safety Deposit Box No.Location: 

Part IV
Distribution of Estate
Name RelationshipProperty 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.
2I have made a careful search and believe the deceased died without having left any will, codicil or testamentary document.
3The 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.]........ .
4I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.
5The 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.
6I 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]........].
7I 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.
8I 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 UnpaidAmount
   
   
 Total  
Safety Deposit Box No.Location: 

Part IV
Distribution of Estate
Name RelationshipProperty 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.
2I 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.]........ .
4I 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: ........................................ .
5To the best of my knowledge the deceased ........[did/did not]........ marry or remarry after the date of the will.
6To 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.
7I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.
8The 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.
9I 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]........].
10I 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.
11I 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 UnpaidAmount
   
   
 Total  
Safety Deposit Box No.Location: 

Part IV
Distribution of Estate
Name RelationshipProperty 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)].
2A 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]........ .
3I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.
4The 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.
5I 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.
6I 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.]
7I 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 UnpaidAmount
   
   
 Total  
Safety Deposit Box No.Location: 

Part IV
Distribution of Estate
Name RelationshipProperty 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:

1A grant of administration of the estate of ........................, deceased, was made to me by this court on ........[dd/mmm/yyyy]........ .
2I have administered the estate to the best of my ability.
3I 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.
4I have not been awarded any compensation for my services as personal representative by this or any other court except ........................ .
5The 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 ........................ .
6I know of no creditors of the estate who still have unsettled claims against it that I consider to be valid except ................................ .
7The 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:

1Attached and marked as Exhibit A is a Statement of Account for the Estate of ........................ .
2The 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]........ .

1In 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.
2This 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]........

ItemAssets
[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 $.........................
ItemLiabilities
[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]........

ItemDate
[date of transaction – dd/mmm/yyyy]
Transaction
[Describe transactions, or include that
information in an attached Schedule and bring forward totals here.
]
DebitCredit
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]........

ItemDate
[date of transaction – dd/mmm/yyyy]
Transaction
[Describe transactions, or include that
information in an attached Schedule and bring forward totals here.
]
DebitCredit
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]........

ItemAssets
[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 $.........................
ItemLiabilities
[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

ItemDistribution (Yes/No)Date of distributionBeneficiary
    
    
    

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] $

 Part of Form 112 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

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 deliver to the lawyer an objection in Form 113.

 Form 112, Appendix A, line following "[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]" BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

TAKE NOTICE that ................[name of lawyer]................ intends to withdraw as lawyer of record in this proceeding.

 Appendix A, Form 116 title, BEFORE amended by BC Reg 149/2013 effective March 31, 2014.

Form 116 (Rule 22-8 (9) )

 Appendix A, Form 117 title, BEFORE amended by BC Reg 149/2013 effective March 31, 2014.

Form 117 (Rule 22-8 (10) )

 Form 118, Appendix A, "(maximum 20 including the cover sheet)" was amended to read "(maximum 30 including the cover sheet)" BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

 Form 118, Appendix A, the following Payment Information was moved beneath "Court Services Branch may use your contact information for the purposes of conducting an evaluation of the fax service." by BC Reg 95/2011 effective July 1, 2011.

Payment Information:
I authorize you to bill to my credit card or BC Online Account the total amount of the statutory fee for filing and the confirmation fee. I include the payment information for that purpose.
  
Credit card account number
(Visa or MasterCard)
Expiry date on card
 


Name as it appears on the card 

 
[OR]  [Note: BC Online is available only in the Prince George Registry] 

BC Online Account Number:
Registry use only – imprint – authorization number
 
 
 
 
 
 
 
 
 
 
 


Authorizing Signature:


Print Name:

 Form 118, Appendix A, text following "Court Services Branch may use your contact information for the purposes of conducting an evaluation of the fax service." was added by BC Reg 95/2011 effective July 1, 2011.

 Form 118 BEFORE re-enacted by BC Reg 112/2012 effective July 1, 2012.

Form 118 (Rule 23-2 (3) )

FAX COVER SHEET

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

This form must be used when transmitting documents to the court registry by fax for filing.

The ability to transmit documents by fax to a registry for filing is subject to the limitations set out in the Supreme Court Civil Rules and Practice Directives. Additional information on this filing service is available on the Court Services website at www.ag.gov.bc.ca/courts/fax/fax.htm.

It is the responsibility of the person transmitting a document by fax to ensure that the document is filed in the registry within the required filing time. The registry takes no responsibility for difficulty experienced when transmitting a document by fax to the registry. The registry cannot guarantee that any document will be filed on the day it is received by fax in the registry.

Documents transmitted to the registry by fax will be processed in the order they are received. Confirmation of acceptance or refusal will be forwarded as soon as possible to you at the return fax number set out below or by mail if indicated.

To:Fax numbers for transmitting documents to registries
are available through the Court Services website at
www.ag.gov.bc.ca/courts/fax/fax.htm
or through Enquiry BC at 1-800-663-7867
 __________________________________________________
court location
 _________________________________________________
fax number
From: 
 _________________________________________________
name - firm or individual
__________________________________________________________
address
 _________________________________________________
contact name
__________________________________________________________
city
 _________________________________________________
phone number
______________________________________
province
___________________
postal code

Confirmation of acceptance or refusal of this filing will be sent as follows: [Check whichever one of the following boxes is correct and complete any required information.]

[ ]  by fax to .....................................................[insert fax number to which confirmation is to be sent]; or

[ ]  by mail to the address provided above.

 

Attached:
Type of document: (e.g. notice of application, notice of civil claim, response to civil claim)No. of pages in
document
Statutory fee
amount
   
   
   
   
   
Total no. of pages in submission
(maximum 30 including the cover sheet)
 $
Fee total
Plus
Confirmation Fee
$10.00
Total statutory
fees due
 

File number or name (style of proceeding)
e.g. - 013654 or "Steward vs. Parakeet"

Comments




 
Registry use only
 
Registry clerk:
Manager:

Accounting clerk:

 

Court Services Branch may use your contact information for the purposes of conducting an evaluation of the fax service.

Payment Information:

I authorize you to bill to my credit card or BC
Online Account the total amount of the statutory
fee for filing and the confirmation fee. I include
the payment information for that purpose.

....................................................................
Credit card account number

(Visa or MasterCard): ................................     Expiry date on card: .......................................

Name as it appears on the card:
....................................................................

[OR] [Note: BC Online is available only in the Prince George Registry.]

BC Online Account Number: .........................................................

Authorizing Signature: ....................................................................

Print Name: .....................................................................................

 Form 119 (part) BEFORE amended by BC Reg 112/2012 effective July 1, 2012.

I advise as follows:

1that the attached ................[type of document]................ is being submitted for filing electronically [add the following if applicable] on behalf of the ................[party(ies)]................, ................[name(s) of party(ies)]................;
2that 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;
3that 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.

 Form 121 a line of text was added BEFORE the date by BC Reg 119/2010 effective July 1, 2010.

 Appendix A (part) List of Forms BEFORE amended by BC Reg 58/2012 effective April 25, 2012.

Form 8 - Default Judgment

Form 35 - Order Made After Application [am. BC Reg. 119/2010, Sch. A, s. 45.]

Form 79 - Order for Indigent Status [am. BC Reg. 119/2010, Sch. A, s. 52.]

 Appendix A.1, Forms 1-43 was enacted by BC Reg 149/2013 effective March 31, 2014.

 Form P2 (parts) BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

This submission for estate grant is submitted by: ...................[name(s) of applicant(s)]..........................

I am/We are applying for the following in relation to the estate of the deceased described in Part 1 of this submission for estate grant (the "deceased"):

 Form P2, the following text was added before "This submission for estate grant has 4 Parts:" by BC Reg 103/2015 effective July 1, 2015.

[Indicate how many court certified copies of the estate grant/authorization to obtain estate information you require.]

[ ] I/we request ...[number of copies]... copy(ies) of the estate grant.

[ ] I/we request ...[number of copies]... copy(ies) of the authorization to obtain estate information.

 Form P2, Part 2 BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

PART 2 — INFORMATION ABOUT THE APPLICANT(S)

Applicant's(s') address for service:

[You must 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. If there is more than one applicant, all applicants must share the same address(es) for service.]

Street address for service: .....................................................................

Fax number address for service (if any): ..............................................

E-mail address for service (if any): .......................................................

Telephone number: ...............................................................................

 Form P2, Part 3, sections 1 and 2 BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

1 [Check whichever one of the immediately following 2 boxes is correct and file the specified affidavit(s).]

[  ] There is one applicant to this submission for estate grant and

(a) the applicant has made an affidavit in Form .....[Set out whichever one of the following 5 choices is correct — P3/P4/P5/P6/P7]..., and

(b) that affidavit is filed with this submission for estate grant.

[  ] There are 2 or more applicants to this submission for estate grant and

(a) at least one of the applicants has made an affidavit in Form ...[Set out whichever one of the following 5 choices is correct — P3/P4/P5/P6/P7]....,

(b) that/those affidavit(s) is/are filed with this submission for estate grant, and

(c) the remaining applicant(s) has/have made (an) affidavit(s) in Form P8 and that/those affidavit(s) is/are filed with this submission for estate grant.

2 Filed with this submission for estate grant is/are the following Affidavit(s) of Delivery in Form P9 that confirms/collectively confirm that the documents referred to in Rule 25-2 were delivered to all of the persons to whom, under that rule, the documents were required to be delivered:

Affidavit of .......[name]......... sworn ........[dd/mmm/yyyy].........

Affidavit of .......[name]......... sworn ........[dd/mmm/yyyy].........

Affidavit of .......[name]......... sworn ........[dd/mmm/yyyy].........

 Form P2, Part 4, "Schedule for Grant of Probate or Grant of Administration with Will Annexed" section 1 (part) BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

1 [Check whichever one of the immediately following 4 boxes is correct and attach the specified Schedule.]

 Form P2, Part 4, "Schedule for Grant of Probate or Grant of Administration with Will Annexed" section 2 (part) BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.] [List each named person on a separate line.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act]:

(b) child(ren), if any, of the deceased:

(c) each person, if any, who is a beneficiary under the will and is not named in paragraph (a) or (b):

(d) each person, if any, who would have been an intestate successor if the deceased had not left a will and who is not named in paragraph (a), (b) or (c):

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11]:

[This Schedule is to be completed and attached to the submission for estate grant only if the application is for a grant of administration without will annexed.]

 Form P2, Part 4, "Schedule for Grant of Administration without Will Annexed" section 1(a), (b), (c) and (e) BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act]:

(b) child(ren), if any, of the deceased:

(c) each person, if any, not named in paragraph (a) or (b), who is entitled to receive all or part of the estate of a person who dies without a will [see section 23 of the Wills, Estates and Succession Act]:

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11]:

[This Schedule is to be completed and attached to the submission for estate grant only if the application is for an ancillary grant of probate or an ancillary grant of administration with will annexed.]

 Form P2, Part 4, "Schedule for Ancillary Grant of Probate or Ancillary Grant of Administration with Will Annexed" section 2 BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.] [List each named person on a separate line.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act]:

(b) child(ren), if any, of the deceased:

(c) each person, if any, who is a beneficiary under the will and is not named in paragraph (a) or (b):

(d) each person, if any, who would have been an intestate successor if the deceased had not left a will and who is not named in paragraph (a), (b) or (c):

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11]:

 Form P2, Part 4, "Schedule for Ancillary Grant of Administration without Will Annexed" section 2 BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.] [List each named person on a separate line.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act]:

(b) child(ren), if any, of the deceased:

(c) each person, if any, not named in paragraph (a) or (b), who is entitled to receive all or part of the estate of a person who dies without a will [see section 23 of the Wills, Estates and Succession Act]:

(d) each creditor of the deceased, if any, not named in paragraph (a), (b) or (c) whose claim exceeds $10 000:

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11]:

 Form P3, title, BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

AFFIDAVIT OF APPLICANT FOR GRANT OF PROBATE OR GRANT OF ADMINISTRATION WITH WILL ANNEXED

 Form P3, section 4 (first), BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

4 [  ] I am named as an executor or alternate executor as ....................[name as it appears in the will]....................... in the will and my appointment has not been revoked under section 56 (2) of the Wills, Estates and Succession Act or by a codicil to the will.

[If you checked the immediately preceding box, check whichever one of the immediately following 2 boxes is correct and complete any required information.]

[  ] No other persons are named in the will as executor.

[  ] Other persons are named in the will as executor and, of those, the following person(s) is/are not named as an applicant on the submission for estate grant for the reason shown after his/her/their name(s):

[Complete the following for each named person.]

.......................[name].................... is not named as an applicant on the submission for estate grant because he/she [  ] has renounced executorship [  ] is deceased [  ] other .....................[briefly set out reason]......................

 Form P4, title, BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

AFFIDAVIT OF APPLICANT FOR GRANT OF PROBATE OR GRANT OF ADMINISTRATION WITH WILL ANNEXED

 Form P4, sections 3 (first) and 5, BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

3 [  ] I am named as an executor or alternate executor as ..............[name as it appears in the will]................ in the will and my appointment has not been revoked under section 56 (2) of the Wills, Estates and Succession Act or by a codicil to the will.

[If you checked the immediately preceding box, check whichever one of the immediately following 2 boxes is correct and complete any required information.]

[  ] No other persons are named in the will as executor.

[  ] Other persons are named in the will as executor and, of those, the following person(s) is/are not named as an applicant on the submission for estate grant for the reason shown after his/her/their name(s):

[Complete the following for each named person.]

..................[name]..................is not named as an applicant on the submission for estate grant because he/she [  ] has renounced executorship [  ] is deceased [  ] other ...................[briefly set out reason].............................

5 I am satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents and

[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[  ] no testamentary document of the deceased dated later than the will has been found.

[  ] one or more testamentary documents dated later than the will have been found. I believe that the later testamentary document(s) is/are invalid or otherwise not relevant to this application for the following reasons: ..............[briefly state the reasons]..........................

 Form P4, section 6(c.1) and (c.2) were added by BC Reg 103/2015 effective July 1, 2015.

 Form P4, section 7(part) BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

[If you checked the second of the immediately preceding 2 boxes, complete the immediately following paragraph (a) if there are one or more interlineations in the will, paragraph (b) if there are one or more erasures or obliterations in the will, and paragraph (c) if there are one or more alterations in the will.]

 Form P5, section 5, BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

5 I am satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents and

[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[  ] no testamentary document of the deceased has been found.

[  ] one or more testamentary documents have been found. I believe that the testamentary document(s) is/are invalid or otherwise not relevant to this application for the following reasons: ...........[briefly state the reasons]...........

 Form P6, section 5, BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

5 I am satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents and

[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]

[  ] no testamentary document of the deceased other than the will has been found.

[  ] one or more testamentary documents other than the will have been found. I believe that the other testamentary document(s) is/are invalid or otherwise not relevant to this application for the following reasons: ...................[briefly state the reasons].................... .

 Form P9, sections 2 and 3, BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

2 I delivered a copy of the notice, along with ...........[identify the document(s), if any, that the applicant is required to deliver under Rule 25-2 (1) (b)].......... to the following persons as follows:

[Check whichever one or more of the immediately following 3 boxes are correct and provide the required information.]

[  ] by mailing it/them to the following persons by ordinary mail:

...............[name of person who received delivery by ordinary mail]...............

...............[name of person who received delivery by ordinary mail]...............

[  ] by handing it/them to and leaving it/them with the following persons:

...............[name of person who received personal delivery]...............

...............[name of person who received personal delivery]...............

[  ] by sending it/them to the following persons by e-mail, fax or other electronic means to that person:

....[name of person who received delivery by e-mail, fax or other electronic means]........

....[name of person who received delivery by e-mail, fax or other electronic means]........

[If you checked the third of the immediately preceding 3 boxes, check both of the immediately following boxes. If you cannot check both of the immediately following boxes in relation to any person to whom the notice was sent by e-mail, fax or other electronic means because he or she has not provided the required acknowledgement, you must re-deliver the notice and Rule 25-2 (1) (b) documents by mail or personal delivery and swear to that delivery under the first or second of the boxes in this section 2.]

[  ] Each of the persons who received delivery by e-mail, fax or other electronic means has, in writing, acknowledged receipt of the document(s) referred to in this section.

[  ] I will retain a copy of those acknowledgements until the personal representative of the deceased is discharged and will produce those acknowledgements promptly after being requested to do so by the registrar.

3 [Complete the following section and accompanying table if any of the persons referred to in section 2 received delivery of the notice on behalf of another person.]

The person referred to in Column 1 received delivery of the document(s) referred to in section 2 on behalf of the person referred to in Column 2, and the person in Column 1 received that delivery in the capacity shown in Column 3.

 Column 1Column 2Column 3
ItemName of person to whom the document(s) referred to in section 2 was/were deliveredName of person entitled to delivery under Rule 25-3 (2)The person named in Column 1 is a person referred to in Rule 25-3 (6), (8) or (10) who received delivery on behalf of the person referred to in Column 2 in the following capacity: [indicate in what capacity this person received delivery- e.g. parent, guardian, committee, etc.]
1..........[name]....................[name]....................[capacity in which the person received delivery]..........
2..........[name]....................[name]....................[capacity in which the person received delivery]..........

 Form P10, section 4, BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

4 If I determine that there is any property or liability that has not been disclosed in Exhibit A, I will promptly after learning of the same file an affidavit of assets and liabilities in Form P14 to disclose that information.

 Form P14, section 3(a), BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

(a) all of the property of the deceased that was not disclosed in any earlier affidavit of assets and liabilities filed in this proceeding,

 Form P15, section 5, BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

5 If I determine that there is any property or liability that has not been disclosed in Exhibit A or in any earlier affidavit of assets and liabilities filed in this proceeding or that information contained in this affidavit or in any of those previous affidavits is incorrect or incomplete, I will promptly after learning of the same file a supplemental affidavit of assets and liabilities for domiciled estate grant in Form P14 to disclose the correct and complete information.

 Form P19, BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

Form P19 (Rule 25-4 (1) )

No. ...............................
.................................. Registry

In the Supreme Court of British Columbia

In the Matter of the Estate of ..............[legal name of deceased]..............., deceased

In Probate

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

WHEREAS .............[legal name of deceased]..............., also known as ................[indicate any other names by which the deceased was known]....................... (the "deceased"), whose last known address was .................... ........................................... died on .........[date of death — dd/mmm/yyyy]............. [add, if this grant applies to a grant of probate or a grant of administration with will annexed: and left a will dated ...........[dd/mmm/yyyy]........, a copy of which is attached.]

Administration of the estate of the deceased is granted to .........................[name(s)]..............................

[If this grant is a grant of probate, add the following if required.]

reserving the right of ..............[name(s)]............... to apply for and obtain a grant of probate at a later date if that executor/those executors should so desire.

[Add whichever of the following is/are correct.]

The will in relation to which this grant is issued is to be read in conjunction with an order dated .........[dd/mmm/yyyy]......., a copy of which is attached.

This grant is limited pursuant to an order dated .....[dd/mmm/yyyy]....., a copy of which is attached.

This grant is ancillary to a foreign grant dated .....[dd/mmm/yyyy]....., a copy of which is attached, and is limited to property in British Columbia.

Sealed by the Supreme Court of British Columbia on .....[dd/mmm/yyyy].....

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

 Form P20 (part) BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

The .....[Set out whichever one of the following 7 choices is correct: grant of probate/grant of administration with will annexed/grant of administration without will annexed/ancillary grant of probate/ancillary grant of administration with will annexed/ancillary grant of administration without will annexed/resealing of a foreign grant]..... dated .....[dd/mmm/yyyy]..... is corrected by ...............[indicate the correction]............... .

 Form P21, section 1 of "Schedule for Resealing of Grant of Probate or Grant of Administration with Will Annexed" BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

1 Each person to whom the foreign grant was issued is an applicant under the submission for resealing or is represented by an attorney who is an applicant under the submission for resealing.

 Form P21, section 2 of "Schedule for Resealing of Grant of Probate or Grant of Administration with Will Annexed" BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for resealing.] [List each named person on a separate line.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act]:

(b) child(ren), if any, of the deceased:

(c) each person, if any, who is a beneficiary under the will and who is not named in paragraph (a) or (b):

(d) each person, if any, who would have been an intestate successor if the deceased had not left a will and who is not named in paragraph (a), (b) or (c):

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11]:

 Form P21, section 1 of "Schedule for Resealing of Grant of Administration without Will Annexed" BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

1 Each person to whom the foreign grant was issued is an applicant under the submission for resealing or is represented by an attorney who is an applicant under the submission for resealing.

 Form P21, section 2 of "Schedule for Resealing of Grant of Administration without Will Annexed" BEFORE amended by BC Reg 103/2015 effective July 1, 2015.

2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:

[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for resealing.] [List each named person on a separate line.]

(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act]:

(b) child(ren), if any, of the deceased:

(c) each person, if any, not named in paragraph (a) or (b), who is entitled to receive all or part of the estate of a person who dies without a will [see section 23 of the Wills, Estates and Succession Act]:

(d) each creditor of the deceased, if any, not named in paragraph (a), (b) or (c) whose claim exceeds $10 000:

(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11]:

 Appendix B the tariff, items 12, 14 and 48 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

12Process for delivering interrogatoriesMinimum
Maximum
1
10
14Process for delivering notices to admitMinimum
Maximum
1
5
48Travel by a lawyer to attend at any trial, hearing, application, examination, reference, inquiry, assessment, or other analogous proceeding if held more than 40 km from the place where the lawyer carries on business, for each day on which solicitor travels 
2

 Appendix C, Schedule 1 table BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

PART 1
Fees Applicable to the Supreme Court
ItemDescriptionFee
($)
Commencing proceedings
1Subject to section 2 (2) of this Schedule, for commencing a proceeding that is not an appeal under Rule 23-6 (8) or an application under section 66, 67, 70, 85 or 77 of the Legal Profession Act200
2For filing a counterclaim or a third party notice200
 
Responding to proceedings
3Subject to section 2 (2) of this Schedule, for filing a response to civil claim, a response to counterclaim or a response to third party notice25
 
Application filings
4For filing any one of the following:80
    (a) a notice of application; 
    (b) an appointment for a hearing before a registrar or a special referee but not including a hearing inquiry or reference under the Court Order Enforcement Act; 
    (c) a requisition for a desk order; 
    (d) a requisition for a default judgment 
5For setting a matter for hearing for which a fee is not payable under this Schedule80
 
Other filings
6For filing a notice of case planning conference80
7For filing a notice of trial200
 
Hearings
8For resetting a trial or hearing200
9For each day spent in whole or in part at a hearing, unless the attendance on that day is for reasons for decision only, payable by the party who files the notice of application, appointment or other document by which the hearing was set, unless the court orders payment by another partyFor the first 3 days: 0
For each of the 4th to 10th days: 500
For each day over 10: 800
10For each day spent in whole or in part at trial, unless the attendance on that day is for judgment only, payable by the party who files the notice of trial, unless the court orders payment by another partyFor the first 3 days: 0
For each of the 4th to 10th days: 500
For each day over 10: 800
 
Room Rentals
11For rental of examination for discovery room100 per day
 
Execution
12For filing a caveat, a citation, a garnishing order, a writ of execution or a subpoena to debtor80
 
Documents
13For taking or swearing an affidavit for use in the court unless40
    (a) the person swearing the affidavit does so in the course of his or her duties as a peace officer or as an agent or officer of the government, or 
    (b) provision is made elsewhere for a fee for that service 
14For a search of a record, other than8
    (a) an electronic search conducted from outside the registry, or 
    (b) a search of a record of a proceeding by 
       (i) a party to that proceeding, 
       (ii) a party's lawyer, or 
       (iii) an official reporter who, or a representative of a transcription firm that, is retained by a party to produce a transcript of the proceeding 
15For returning by mail, fax or electronic mail the results of a search of a record10
16For accessing, without purchase, from outside the registry, including, without limitation, viewing, printing or downloading, any document that is found by or created in response to an electronic search or request, including, without limitation, an index of cases produced in response to a search query6
17For accessing any document referred to in Item 16 and purchasing that document10
18For copies, per page1
19For40
    (a) a certified copy of a document 
    (b) issuing a certificate of judgment 
    (c) issuing a certificate of pending litigation or other certificate not otherwise provided for 
    (d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page 
20For returning by mail or by fax a confirmation of filing or rejection of a document submitted by fax to a registry10
 
PART 2
Fees Applicable to the Court of Appeal
Item Fee
($)
21For filing a notice of appeal or a notice of an application for leave to appeal291
22For filing an application to be heard by a Justice of the Court of Appeal excluding an application for leave to appeal104
23For filing an application to be heard by 3 or more justices if the application is not returnable to the hearing of the appeal208
24For filing a certificate of readiness291
25For filing a book of authorities, other than a book of authorities filed jointly by 2 or more counsel of record52
26For each half day spent in whole or in part on the hearing of an appeal, unless the hearing is for judgment only, payable by the party who files the certificate of readiness, unless the court orders payment by another party156
27For filing any appointment for a hearing before a registrar52
28For a registrar's hearing, unless the hearing is for reasons for decision only, payable by the party who files the appointment unless the court or registrar orders payment by another party 
    (a) if the time spent on the hearing is more than 1/2 day but not more than one day78
    (b) if the time spent on the hearing is more than one day 
       (i) for each of the first 4 days spent, in whole or in part, on the hearing156
       (ii) for each additional day spent after the first 4 days, in whole or in part, on the hearing208
       (iii) for each additional day spent after the first 10 days, in whole or in part, on the hearing312
29For taking or swearing an affidavit for use in the court unless31
    (a) the deponent swears the affidavit in the course of his or her duties as a peace officer or as an agent or officer of the Province, 
    (b) the affidavit is sworn for the purpose of enforcing a maintenance or support order, or 
    (c) provision is made elsewhere for a fee for that service 
30For a search of a record, other than8
    (a) an electronic search conducted from outside the registry, or 
    (b) a search of a record of a proceeding by 
       (i) a party to that proceeding, 
       (ii) a party's solicitor, or 
       (iii) an official reporter who, or a representative of a transcription firm that, is retained by a party to produce a transcript of the proceeding 
31For returning by mail, fax or electronic mail the results of a search of a record, the aggregate of the following: 
    (a) fee for returning the results10
    (b) cost per page faxed1
32For accessing from outside the registry, including, without limitation, viewing, printing or downloading, any record that is found by or created in response to an electronic search or request, including, without limitation, an index of cases produced in response to a search query6
33For copies, per page1
34For 
    (a) a certified copy of a document of record 
       (i) for 10 pages or less31
       (ii) for each additional page over 10 pages, per page6
    (b) issuing a certificate of judgment31
    (c) issuing a certificate of pending litigation or other certificate not otherwise provided for31
    (d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page3.50
35For each payment into or out of court, except in a proceeding to which Item 21 applies42

Despite anything in Part 2 of this Schedule, if, after consultation with the Chief Justice of British Columbia, the Crown enters into an agreement with a person under which the person is authorized to access one or both of registry records and specified registry services and is exempted from payment of any or all of the fees provided under Items 30, 31, 32 and 33 for such access, the person may, on payment of any fee required under the agreement and on compliance with any other terms and conditions imposed by the agreement, access, during the term of the agreement, the registry records and registry services to which the agreement applies without payment of the fees from which the person is exempted under the agreement.

 Appendix C, Schedule 1, Table, item 1 BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

1Subject to section 2 (2) of this Schedule, for commencing a proceeding that is not an appeal under Rule 23-6 (8) or an application under section 66, 67, 70, 85 or 77 of the Legal Profession Act200

 Appendix C, Schedule 1, Table, item 5 BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

5For setting a matter for hearing for which a fee is not payable under this Schedule80

 Appendix C, Schedule 1, Table, item 19(a) BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

(a) a certified copy of a document40

 Appendix C, Schedule 1, Table, item 1 BEFORE amended by BC Reg 90/2014 effective May 26, 2014.

Fees Applicable to the Supreme Court
ItemDescriptionFee
($)
Commencing proceedings
1Subject to section 2 (2) of this Schedule, for commencing a proceeding that is not an appeal under Rule 23-6 (8) or an application under section 66, 67, 70, 85 or 77 of the Legal Profession Act
No fee is payable under this item to file for and obtain a grant of probate or administration if a person dies leaving an estate that does not exceed $25 000 in value
200

 Appendix C, Schedule 1, Table, item 4 BEFORE amended by BC Reg 90/2014 effective May 26, 2014.

ItemDescriptionFee
($)
Application filings
4For filing any one of the following:80
 (a) a notice of application; 
 (b) an appointment for a hearing before a registrar or a special referee but not including a hearing, inquiry or reference under the Court Order Enforcement Act; 
 (c) a requisition for a desk order; 
 (d) a requisition for a default judgment 

 Appendix C, Schedule 2 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Schedule 2

Fees Payable to the Sheriff

ItemDescriptionFee
($)
1For service 
    (a) receiving, filing, serving on one person and returning any process together with an affidavit of service or attempted service100
    (b) each additional party served at the same address20
    (c) each additional party served not at the same address30
2Non-refundable deposit for civil jury trial1 000
3For arrest or execution on goods and chattels 
    (a) for every arrest, execution or similar writ or order120
    (b) for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved60
    (c) as commission on the sum realized, or on the sum settled for, as the case may be, net of disbursements properly incurred 
       (i) if that net sum is $10 000 or less10%
       (ii) if that net sum is more than $10 000 but is less than $100 000$1 000 plus 2 1/2% on the amount in excess of $10 000
       (iii) if that net sum is $100 000 or over$3 250 plus 1% on the amount in excess of $100 000
    (d) the amount of the commission payable under paragraph (c) must be reduced by 50% if an auctioneer, broker or other individual sells the goods and chattels for the sheriff and receives a fee or commission for doing so120
4For lien and recovery actions 
    (a) executing a lien other than a repairer's lien or for recovering specific property other than land if the execution or recovery is accomplished in whole or in part175
    (b) attending, investigating, inventorying, cataloguing, taking possession, per hour for each sheriff involved60
5For sale or possession of land 
    (a) for executing an order for sale or possession of land, in part or in whole150
    (b) for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved45
    (c) as commission on the sum realized, or on the sum settled for, as the case may be, net of disbursements properly incurred 
       (i) if that net sum is $10 000 or less10%
       (ii) if that net sum is more than $10 000 but is less than $100 0000$1 000 plus 2 1/2% on the amount in excess of $10 000
       (iii) if that net sum is $100 000 or over$3 250 plus 1% on the amount in excess of $100 000
6For arrest of ships 
    (a) for every warrant or order to arrest a ship, including release175
    (b) for attending, investigating, inventorying, cataloguing, taking and maintaining possession, preparing for sale, per hour for each sheriff involved60
7For a search made by a sheriff including the certificate of result10
8For taking or swearing an affidavit for use in the court unless the person swearing the affidavit does so in the course of his or her duties as a peace officer or as an agent or officer of the government30
9In respect of each of the foregoing items except item 1, the sheriff must be paid 45¢ for each kilometre traveled 
10For each of the foregoing items, all disbursements properly incurred 

 Appendix C Schedule 4 table BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

ItemDescriptionFee
($)
Commencing proceedings
1Subject to section 2 (2) of Schedule 1, for commencing a proceeding that is not an appeal under Rule 23-6 (8) or an application under section 66 67, 70, 85 or 77 of the Legal Profession Act200
2For filing a counterclaim or a third party notice200
 
Responding to proceedings
3Subject to section 2 (2) of Schedule 1, for filing a response to civil claim, a response to counterclaim or a response to third party notice25
 
Application filings
4For filing any one of the following:80
    (a) a notice of application; 
    (b) an appointment for a hearing before a registrar or a special referee but not including a hearing inquiry or reference under the Court Order Enforcement Act; 
    (c) a requisition for a desk order; 
    (d) a requisition for a default judgment 
5For setting a matter for hearing for which a fee is not payable under this Schedule80
 
Other filings
6For filing a notice of case planning conference80
7For filing a notice of trial200
 
Hearings
8For resetting a trial or hearing200
9For each day spent in whole or in part at a hearing, unless the attendance on that day is for reasons for decision only, payable by the party who files the notice of application, appointment or other document by which the hearing was set, unless the court orders payment by another partyFor the first 3 days: 0
For each of the 4th to 10th days: 500
For each day over 10: 800
10For each day spent in whole or in part at trial, unless the attendance on that day is for judgment only, payable by the party who files the notice of trial, unless the court orders payment by another partyFor the first 3 days: 0
For each of the 4th to 10th days: 500
For each day over 10: 800
 
Room Rentals
11For rental of examination for discovery room100 per day
 
Execution
12For filing a caveat, a citation, a garnishing order, a writ of execution or a subpoena to debtor80
 
Documents
13For taking or swearing an affidavit for use in the court unless40
    (a) the person swearing the affidavit does so in the course of his or her duties as a peace officer or as an agent or officer of the government, or 
    (b) provision is made elsewhere for a fee for that service 
14For a search of a record, other than8
    (a) an electronic search conducted from outside the registry, or 
    (b) a search of a record of a proceeding by 
       (i) a party to that proceeding, 
       (ii) a party's lawyer, or 
       (iii) an official reporter who, or a representative of a transcription firm that, is retained by a party to produce a transcript of the proceeding 
15For returning by mail, fax or electronic mail the results of a search of a record10
16For accessing, without purchase, from outside the registry, including, without limitation, viewing, printing or downloading, any document that is found by or created in response to an electronic search or request, including, without limitation, an index of cases produced in response to a search query6
17For accessing any document referred to in Item 16 and purchasing that document10
18For copies, per page1
For19For40
    (a) a certified copy of a document 
    (b) issuing a certificate of judgment 
    (c) issuing a certificate of pending litigation or other certificate not otherwise provided for 
    (d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page 
20For returning by mail or by fax a confirmation of filing or rejection of a document submitted by fax to a registry10

 Appendix C, Schedule 4, Table, item 1 BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

1Subject to section 2 (2) of this Schedule, for commencing a proceeding that is not an appeal under Rule 23-6 (8) or an application under section 66, 67, 70, 85 or 77 of the Legal Profession Act200

 Appendix C, Schedule 4, Table, item 5 BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

5For setting a matter for hearing for which a fee is not payable under this Schedule80

 Appendix C, Schedule 4, Table, item 19(a) BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

(a) a certified copy of a document40

 Appendix C Schedules 1 and 4 table item 12 BEFORE amended by BC Reg B.C. Reg. 149/2013 effective March 31, 2014.

12For filing a caveat, a citation, a garnishing order, a writ of execution or a subpoena to debtor80

 Appendix C, Schedule 4, Table, item 1 BEFORE amended by BC Reg 90/2014 effective May 26, 2014.

ItemDescriptionFee
($)
Commencing proceedings
1Subject to section 2 (2) of this Schedule, for commencing a proceeding that is not an appeal under Rule 23-6 (8) or an application under section 66, 67, 70, 85 or 77 of the Legal Profession Act
No fee is payable under this item to file for and obtain a grant of probate or administration if a person dies leaving an estate that does not exceed $25 000 in value
200

 Appendix C, Schedule 4, Table, item 1 BEFORE amended by BC Reg 90/2014 effective May 26, 2014.

ItemDescriptionFee
($)
Application filings
4For filing any one of the following:80
 (a) a notice of application; 
 (b) an appointment for a hearing before a registrar or a special referee but not including a hearing, inquiry or reference under the Court Order Enforcement Act; 
 (c) a requisition for a desk order; 
 (d) a requisition for a default judgment