B.C. Reg. 169/2009
O.C. 303/2009
Deposited July 7, 2009
effective July 1, 2010

Court Rules Act

Supreme Court Family Rules

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

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

Point in Time

Part 15 — Court Orders and Their Enforcement

Rule 15-1 — Orders

Form of order

(1)Unless these Supreme Court Family Rules otherwise provide, an order must be in the following form:

(a) if the order is a final order,

(i)   in Form F33 if the order changes, suspends or terminates a final order and is made by consent,

(ii)   in Form F51 if the order changes, suspends or terminates a final order and is not made by consent,

(iii)   in Form F34 if the order is made under Rule 10-8 without notice and without a hearing, or

(iv)   in Form F52 in any other case;

(b) if the order is not a final order and is made without a hearing and by consent, in Form F33;

(c) if the order is not a final order and is made under Rule 10-8 without notice and without a hearing, in Form F34;

(d) Repealed. [B.C. Reg. 133/2012, Sch. s. 20 (b).]

(d.1) if the order is a protection order under section 183 of the Family Law Act, in Form F54;

(d.2) if the order is a change of a protection order under section 187 of the Family Law Act, in Form F54.1;

(d.3) if the order is a restraining order under section 46 of the Family Maintenance Enforcement Act, in Form F54.2;

(e) for any order not referred to in paragraph (a), (b), (c), (d.1), (d.2) or (d.3), in Form F51.

[en. B.C. Reg. 119/2010, Sch. B, s. 19; am. B.C. Reg. 133/2012, Sch. s. 20 (a) and (b).]

Protection orders and restraining orders

(2)A protection order under section 183 or 187 of the Family Law Act, or a restraining order under section 46 of the Family Maintenance Enforcement Act, must not include any provisions respecting matters that are not directly related to the matters set out in those sections.

[en. B.C. Reg. 133/2012, Sch. s. 20 (c).]

Drawing and approving orders

(3)An order of the court

(a) subject to subrule (16), may be drawn up by any party,

(b) subject to subrule (4) and paragraph (c) of this subrule, must, unless the court otherwise orders, be approved in writing by all parties or their lawyers,

(c) need not be approved by a party who has not consented to it and who did not attend or was not represented at the trial or hearing following which the order was made, and

(d) after approval under this rule, must be left with a registrar to have the seal of the court affixed.

When approval in writing not required

(4)If an order is signed or initialled by the presiding judge or master, that order need not be approved in writing by a lawyer or by a party.

Endorsement of order on application sufficient in certain cases

(5)If an order has been made substantially in the same terms as requested, and if the court endorses the notice of application, petition or other document to show that the order has been made or made with any variations or additional terms shown in the endorsement, it is not necessary to draw up the order, but the endorsed document must be filed.

Order granted conditionally on document to be filed

(6)If an order may be entered on the filing of a document, the party seeking entry of the order must file the document when leaving the draft order with a registrar, and the registrar must examine the document and, if satisfied that it is sufficient, must enter the order accordingly.

Waiver of order obtained on condition

(7)If a person who has obtained an order on condition does not comply with the condition, the person is deemed to have abandoned the order so far as it is beneficial to the person and, unless the court otherwise orders, any other person interested in the family law case may take either the steps the order may warrant or the steps that might have been taken if the order had not been made.

Order of judge or master

(8)An order of a single judge or master is an order of the court.

Date of order

(9)An order

(a) must be dated as of the date on which it was pronounced or, if made by a registrar, as of the date on which it is signed by the registrar, and

(b) unless the court otherwise orders, takes effect on the day of its date.

Approval of order

(10)An order may be approved by any judge.

Requirement of consent order

(11)A consent order must not be entered unless the consent of each party affected by the order is signified as follows:

(a) if the party is represented by a lawyer, by the signature of the lawyer;

(b) if the party is not represented by a lawyer,

(i)   by the oral consent of the party who attends before the court or a registrar, or

(ii)   by the written consent of the party.

Settlement of orders

(12)An order must be settled, when necessary, by a registrar, who may refer the draft to the judge or master who made the order.

Appointment to settle

(13)A party may file an appointment in Form F55 to settle an order and must serve a copy of the filed appointment and a draft order on all parties whose approval of the order is required under subrule (3) at least one day before the time fixed by the appointment.

Party failing to attend on appointment to settle

(14)If a party fails to attend at the time appointed for the settlement of an order, a registrar may settle the order in the party's absence.

Review of settlement

(15)The court may review and vary the order as settled.

Registrar may draw order

(16)The court may direct a registrar to draw up and enter an order.

Special directions for entry or service

(17)The court may give special directions respecting the entry or service of an order.

Correction of orders

(18)The court may at any time correct a clerical mistake in an order or an error arising in an order from an accidental slip or omission, or may amend an order to provide for any matter that should have been but was not adjudicated on.

Opinions, advice and directions of the court

(19)The opinion, advice or direction of the court must be entered in the same manner as an order of the court and is to be termed a "judicial opinion", "judicial advice" or "judicial direction", as the case may require.

Orders on terms and conditions

(20)When making an order under these Supreme Court Family Rules, the court may impose terms and conditions and give directions it considers will further the object of these Supreme Court Family Rules.

Rule 15-2 — Divorce Orders

Ongoing prior proceedings

(1)A divorce order must not be granted unless the court is satisfied that no earlier divorce proceeding is ongoing anywhere in Canada.

Claim for divorce joined with other claims

(2)If a claim is made for divorce together with one or more other claims, the court may do one or more of the following:

(a) grant a divorce and direct that an order for divorce alone be entered;

(b) adjourn the hearing of the claim for divorce;

(c) grant judgment on the other claims and direct that a separate order dealing with them be entered;

(d) adjourn the hearing of the other claims.

[Rule 15-1 (1) (a) (iv) provides that the form of a divorce order must be in Form F52.]

Form of certificate of divorce

(3)The certificate of divorce referred to in section 12 (7) of the Divorce Act must be in Form F56 and may be signed and issued by the registrar.

Service of divorce order

(4)Unless the court otherwise orders, a party who has submitted for entry an order for divorce must, promptly after the order is entered,

(a) serve a copy of the entered order on each of the parties who has an address for service, and

(b) if any of the parties does not have an address for service, mail a copy of the entered order to that party's last known address.

Rule 15-2.1 — Guardianship Orders

Guardianship affidavit required

(1)When an order is sought appointing a person as the guardian of one or more children, the applicant must

(a) file with the court an affidavit in Form F101 that complies with subrule (4) and serve a copy of that filed affidavit on the other parties and on any other person who may be affected by the orders sought, and

(b) provide to the court any other evidence the court considers necessary.

[A person who is a guardian within the meaning of section 39 of the Family Law Act does not need to apply for guardianship and does not need to file the Form F101 affidavit referred to above.]

[en. B.C. Reg. 41/2013, Sch. s. 8.]

Interim order may be made

(2)The court may make an interim order for guardianship without an affidavit in Form F101 having been filed if the court is satisfied that it is in the best interests of the child that an interim guardianship order be made before that affidavit is filed.

[en. B.C. Reg. 41/2013, Sch. s. 8.]

Duration of interim order

(3)An interim order under subrule (2) must expire within 90 days after the date of pronouncement unless renewed by the court.

[en. B.C. Reg. 41/2013, Sch. s. 8.]

Currency of information

(4)Unless the court otherwise orders,

(a) an affidavit referred to in subrule (1) must be sworn or affirmed

(i)   not more than 28 days before the date set for the hearing at which the order referred to in that subrule is sought, or

(ii)   if the order is sought without a hearing, not more than 7 days before the date on which the materials in support of the application are filed, and

(b) any records check, criminal records check or protection order records check attached as an exhibit to the affidavit must be dated

(i)   not more than 60 days before the date set for the hearing at which the order referred to in subrule (1) is sought, or

(ii)   if the order is sought without a hearing, not more than 60 days before the date on which the materials in support of the application are filed.

[en. B.C. Reg. 41/2013, Sch. s. 8.]

Materials required if hearing adjourned

(5)Unless the court otherwise orders, if the swearing or affirmation of, and the date of the record checks exhibited to, a Form F101 affidavit referred to in subrule (1) are in compliance with the requirements of subrule (4) (a) (i) and (b) (i), as those requirements relate to the date originally set for the hearing at which the order referred to in subrule (1) is sought, the following apply if that hearing is adjourned:

(a) if the hearing is adjourned to a date that is not more than 14 days after the date originally set for the hearing, the following apply:

(i)   if there has been no material change in any of the information contained in the Form F101 affidavit, the applicant may rely on that affidavit whether or not it complies with the requirements of subrule (4) (a) (i) and (b) (i) in relation to the new date set for the hearing;

(ii)   if there has been a material change in any of the information contained in the Form F101 affidavit, the applicant must promptly file a new affidavit setting out the material change and serve a copy of that filed new affidavit on each of the parties and on every other person who may be affected by the orders sought;

(b) if the hearing is adjourned to a date that is more than 14 days after but not more than 6 months after the date originally set for the hearing, the applicant must, at least 7 days before the new date set for the hearing,

(i)   if there has been no material change in any of the information contained in the Form F101 affidavit, file a new affidavit confirming that fact and serve a copy of that filed new affidavit on each of the parties and on every other person who may be affected by the orders sought, or

(ii)   if there has been a material change in any of the information contained in the Form F101 affidavit, file a new affidavit setting out the material change and serve a copy of that filed new affidavit on each of the parties and on every other person who may be affected by the orders sought;

(c) if the hearing is adjourned to a date that is more than 6 months after the date originally set for the hearing, the applicant must, at least 14 days before the new date set for the hearing, file a new affidavit in Form F101 that complies with the requirements of subrule (4) (a) (i) and (b) (i) in relation to the new date set for the hearing and serve a copy of that filed new affidavit on each of the parties and on every other person who may be affected by the orders sought.

[en. B.C. Reg. 41/2013, Sch. s. 8.]

Rule 15-3 — Provisional and Extra-Provincial Orders

Provisional orders made in British Columbia

(1)A provisional order made by the court under section 18 (2) of the Divorce Act must show on its face that

(a) it is a provisional order, and

(b) it has no legal effect until it is confirmed in accordance with the applicable statutory provisions.

Provisional orders made in another province

(2)The Attorney General must send all copies of a provisional order and other documents received from the Attorney General of another province under section 18 (4) of the Divorce Act to the registrar of the registry

(a) in which the original order changed by the provisional order was entered, or

(b) if the original order was not made in British Columbia, nearest to the place of residence of the respondent as shown in the documents.

Duty of registrar

(3)Unless section 19 (3) of the Divorce Act applies, the registrar to whom documents referred to in subrule (2) are sent must

(a) serve on the respondent in the change proceeding

(i)   a copy of the documents, and

(ii)   notice of the date of the hearing to confirm the provisional order, and

(b) ensure that notice of the date of hearing is sent to the applicant in the change proceeding by ordinary mail addressed to the applicant's last known address.

Registration of orders

(4)If an order that has legal effect throughout Canada under section 20 (2) of the Divorce Act is made by a court other than the Supreme Court, the order may be registered without fee by filing a certified copy of the order in the Victoria Registry of the Supreme Court.

[Section 20 of the Divorce Act refers to any order for support or custody made under that Act.]

Exchange of orders between provinces

(5)The registrar of the court must, on request or if the court is required to do so by section 17 (11) of the Divorce Act, and without a fee, send a certified copy of a custody order, support order or change order made by the court

(a) to the registrar of a court in another province or to any person holding an equivalent position to that of registrar in relation to that court,

(b) to a public welfare organization in another province, or

(c) to any person designated by the Attorney General of another province.

Enforcement in Provincial Court

(6)A support order made by the court or registered under subrule (4) may be filed in and enforced by the Provincial Court as if it were contained in an order of that court made under the Family Law Act.

[am. B.C. Reg. 133/2012, Sch. s.5.]

Rule 15-4 — Enforcement of Orders

Order to pay money to a person

(1)An order for the payment of money to a person may be enforced by writ of seizure and sale in Form F57.

Order to pay money into court

(2)An order for the payment of money into court may be enforced by writ of sequestration in Form F58.

Order for recovery or delivery of land

(3)An order for the recovery or the delivery of the possession of land may be enforced by writ of possession in Form F59.

Order for recovery or delivery of property other than land

(4)An order for the recovery or the delivery of the possession of any property other than land or money may be enforced by writ of delivery in Form F60 or F61or by writ of sequestration in Form F58.

Appointment of receiver

(5)An order may be enforced by the appointment of a receiver under Rule 12-2.

Execution by or against person not a party

(6)A person not a party to a family law case, who obtains an order or in whose favour an order is made, may enforce the order in the same manner as if the person were a party to the family law case, and an order that may be enforced against a person not a party to a family law case may be enforced against that person as if he or she were a party to the family law case.

Remedy on non-compliance with mandatory order

(7)If a mandatory order or an order for the specific performance of a contract is not obeyed, the court, in addition to or instead of proceeding against the disobedient person for contempt, may direct that the act required to be done may be done so far as is practicable by the person who obtained the order, or by some other person appointed by the court, at the expense of the disobedient person, and on the act being done, the expenses incurred may be ascertained in such manner as the court may direct, and execution may issue for the amount so ascertained and costs.

Issue of execution on conditional order

(8)If an order is to the effect that a person is entitled to relief subject to or on compliance with a condition or the happening of a contingency, the person so entitled, after compliance with the condition or the happening of the contingency, and after demand is made on the person against whom he or she is entitled to relief, may apply to the court for leave to issue execution.

Order when right to relief has arisen

(9)The court, if satisfied that the right to relief referred to in subrule (8) has arisen, may

(a) order that execution issue, or

(b) direct that any issue or question necessary for the determination of the rights of the persons be tried.

Issue of execution on change of parties

(10)If a change has taken place, by death or otherwise, in the persons entitled or liable to execution, the person claiming to be entitled to execution may apply to the court for leave to issue execution, and the court may order

(a) that execution may issue, or

(b) that any issue or question necessary to determine the rights of the person be tried.

Production of order before execution

(11)A writ of execution must not issue without the production to the registry of a copy of the order on which the writ is to issue.

Endorsement of writ

(12)A writ of execution must be endorsed with the name and address of the lawyer or person causing it to be issued.

Issue of writ of sequestration, possession or delivery

(13)A writ of sequestration, a writ of possession or a writ of delivery must not be issued unless there has been filed proof satisfactory to a registrar that,

(a) in the case of an order, the order sought to be enforced

(i)   has been served on the person against whom the order is sought to be enforced, and

(ii)   has not been complied with, or

(b) in the case of a document, issued under an enactment, that on being filed in the court may be enforced as if it were an order of the court, the document

(i)   has been filed in the court,

(ii)   has, before or after being filed in the court, been served in accordance with the enactment or these Supreme Court Family Rules on the person against whom the order is sought to be enforced, and

(iii)   has not been complied with.

Issue of writ of execution if order to pay money within a period

(14)If the order sought to be enforced is for the payment of money within a specified period, a writ of execution must not be issued until the expiration of the period.

Issue of writ of execution

(15)Subject to these Supreme Court Family Rules or an order of the court, a writ of execution may be issued by a registrar at any time during the lifetime of the order sought to be enforced.

When writ of execution is issued

(16)A writ of execution must be prepared by the person seeking to enforce the order or by the person's lawyer, must be sealed by a registrar and is, after that, deemed to be issued.

Copy of writ of execution must be left with registry

(17)The person seeking to enforce the order or the person's lawyer, on presenting a writ of execution for sealing, must provide a copy of the writ of execution to the registry.

Term of writ of execution

(18)A writ of execution, if unexecuted, remains in force for one year only, unless renewed.

Renewal of writ of execution

(19)At any time before the expiration of a writ of execution, or a renewed writ of execution, the writ of execution may, on the application of the party issuing the writ of execution, be renewed for a one year period beginning on the date of the renewal.

Hearing of writ of execution

(20)An application to renew a writ of execution may be heard by

(a) the court, or

(b) a registrar designated by the Chief Justice.

Writ of execution to be endorsed

(21)A renewed writ of execution must be endorsed, by the court or a registrar, with the date of the order granting renewal and the date of the renewal.

Enforcement costs

(22)Unless the court otherwise orders, a party who is entitled to enforce an order is entitled to the costs, fees and expenses of enforcement including proceedings under the Court Order Enforcement Act, this rule and Rules 15-6 and 15-7.

Registrar may fix amount

(23)Subject to subrule (24) of this rule, if these Supreme Court Family Rules provide or some other enactment provides that enforcement costs may be included in the amount endorsed on any writ of execution, a registrar may fix the amount to be endorsed on the writ of execution.

Assessments and accounting

(24)If a judgment debtor alleges that he or she has satisfied an order for the payment of money or otherwise, whether or not the costs of enforcement and interest on those costs have been paid,

(a) either the judgment creditor or the judgment debtor may apply to have the costs of enforcement assessed before a registrar, and Rule 16-1 applies, or

(b) the judgment debtor may apply to the registrar for an accounting.

Registrar may certify on accounting

(25)On an accounting referred to in subrule (24) (b) of this rule, Rule 18-1 applies and a registrar may certify one or more of the following:

(a) the amount, if any, then due to the judgment creditor;

(b) the amount, if any, then due to the judgment debtor as a result of an overpayment;

(c) that the judgment has been paid.

Certificate of same effect as order

(26)A certificate under subrule (25) (c) of this rule has the same effect as if it were an order under subrule (30).

Separate writs for costs

(27)On an order granting relief and costs, there may be, at the election of the person entitled, either one writ of execution or separate writs of execution for the relief granted and for the recovery of the costs.

Judgment for recovery of property other than land

(28)If an order for the recovery of property other than land or money is to be enforced by writ of delivery, the court may, on the application of the judgment holder,

(a) order that execution issue for the delivery of the property without giving the other party the option of retaining the property on paying the assessed value, and

(b) if the property cannot be found, and unless the court otherwise orders, order that the sheriff take possession of all the other party's lands, goods and chattels

(i)   until the other party delivers the property, or

(ii)   at the option of the judgment holder, until the sheriff realizes from the other party's goods and chattels the assessed value of the property.

Acknowledgment of payment

(29)A debtor may require, as a condition of paying a money judgment, that the judgment creditor promptly execute, file and serve an acknowledgment of payment in Form F62.

Order that judgment has been paid

(30)If a judgment debtor claims to have paid the judgment but has not obtained an acknowledgment of payment from the judgment creditor, the debtor may apply to the court for an order certifying that the judgment has been paid.

Stay of execution

(31)The court may, at or after the time of making an order,

(a) stay the execution of the order until such time as it thinks fit, or

(b) provide that an order for the payment of money be payable by instalments.

Balance becomes payable if instalment not paid when due

(32)Unless the court in an order under subrule (31) (b) otherwise provides, if an instalment is not paid by the time fixed for payment, the balance of the money remaining unpaid under the order is, at that time, due and payable without notice being given to the judgment debtor.

Application for relief

(33)Without limiting subrule (31), a party against whom an order has been made may apply to the court for a stay of execution or other relief on grounds with respect to which the supporting facts arose too late for them to be pleaded, and the court may give relief it considers will further the object of these Supreme Court Family Rules.

Application for directions

(34)A sheriff, judgment creditor or judgment debtor may apply to the court for directions under Rule 15-8 concerning the sale of any property taken in execution.

Enforcement of certificate

(35)If a certificate under Rule 16-1 (25), 16-2 (7) or 18-1 (2) has been filed, it may be enforced as if it were an order of the court.

[en. B.C. Reg. 119/2010, Sch. B, s. 20; am. B.C. Regs. 133/2012, Sch. s. 21; 67/2013, Sch. s. 1 (e).]

Rule 15-5 — Compelling a Debtor under the Family Maintenance Enforcement Act to Appear in Court

Summons under the Family Maintenance Enforcement Act

(1)A summons under section 19 or 22 of the Family Maintenance Enforcement Act requiring a debtor to appear at a default hearing or a show cause hearing must be in Form F63.

Committal summons under the Family Maintenance Enforcement Act

(2)A summons under section 23 of the Family Maintenance Enforcement Act requiring a debtor to appear at a committal hearing must be in Form F64.

Arrest warrants

(3)An arrest warrant under the Family Maintenance Enforcement Act must be in Form F65.

Rule 15-6 — Subpoena to Debtor

Subpoena to debtor

(1)A creditor who has obtained an order of the court for the recovery or payment of money or costs or both may issue out of the registry a subpoena in Form F66 on filing an affidavit showing that the order is not satisfied and that no writ of execution issued by the creditor is outstanding against the debtor.

To whom subpoena must be directed

(2)A subpoena issued under subrule (1) must be directed,

(a) if the debtor is an individual, to the debtor,

(b) if the debtor is a corporation, to an officer or director of the debtor, or

(c) if the debtor is a partnership or firm, to a person liable to execution on an order against the debtor.

Service of subpoena

(3)A subpoena issued under subrule (1) must be served at least 7 days before the date of the examination under subrule (4), and with the subpoena must be tendered any expenses the person served would be entitled to were he or she required to attend the court as a witness.

Examination of debtor

(4)The examination referred to in a subpoena issued under subrule (1) must take place before an examiner and must be on oath as to the following matters:

(a) the income and property of the debtor;

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

(c) the disposal the debtor has made of any property;

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

Examiner

(5)The examiner must be

(a) the court,

(b) a master, or

(c) a registrar designated as an examiner by the Chief Justice.

Examination

(6)At an examination under this rule, the creditor and the person subpoenaed may, with leave of the examiner, call witnesses who may be cross-examined.

Adjournment

(7)The examiner may adjourn an examination under this rule from time to time.

Debtor refusing to attend or respond

(8)If the person subpoenaed under subrule (1)

(a) does not attend as required at the examination under subrule (4) or an adjournment of it,

(b) refuses to be sworn or to affirm, or to answer one or more of the questions put to the person,

(c) after an order to that effect, refuses or neglects to produce or permit to be inspected any document or property, or

(d) does not give answers that are to the satisfaction of the examiner,

then

(e) if the examiner is a master or registrar,

(i)   in the case of default under paragraph (a), the examiner must make a report in Form F67 and fix a time and place at which the creditor may attend before the court, and at that time and place the court may, at the request of the creditor and without notice to the person subpoenaed, order

(A)  committal, or

(B)  apprehension under Rule 21-7 (5), and

(ii)   in the case of default under paragraph (b), (c) or (d) of this subrule, the examiner must make a report in Form F67 and fix a time and place for the person subpoenaed to attend before the court, and at that time and place the court may, at the request of the creditor and without further notice to the person subpoenaed,order

(A)  committal, or

(B)  apprehension under Rule 21-7 (5), or

(f) if the examiner is the court, the examiner may order committal.

Creditor failing to attend, etc.

(9)If the creditor who issued a subpoena fails to attend at the examination under subrule (4), or if the examiner is of the opinion that the proceedings are unnecessary or vexatious, the examiner may order the creditor to pay to the person subpoenaed a sum of money by way of compensation and may order that sum to be paid promptly or to be set off against the debt.

Debtor unreasonably refusing to pay

(10)If it appears to the examiner that

(a) the debtor has, with intent to defraud the creditor, made or caused to be made any gift, delivery or transfer of property, or has removed or concealed property,

(b) the debtor has unreasonably neglected or refused to pay the debt in whole or in part or to pay any instalment ordered to be paid, or

(c) the debtor is a corporation and the person subpoenaed has done, authorized, permitted or acquiesced in an act or omission described in paragraph (a) or (b),

then

(d) if the examiner is a master or registrar, he or she may make a report of his or her findings and fix a time and place for the person subpoenaed to attend before the court, and at that time and place the creditor may apply without notice for committal, or

(e) if the examiner is the court, the examiner may order committal.

Order for payment

(11)At an examination under this rule, the examiner may make one or more of the following orders:

(a) for the payment of the debt by instalments;

(b) for the payment of the debt on or before a fixed date;

(c) varying or rescinding any previous order;

(d) for payment to be made to a registrar, to the creditor or to the creditor's lawyer;

(e) fixing the costs payable by the debtor without assessment,

and if the examiner is a master or registrar, the order has the effect of an order made by the court and must be entered accordingly.

Notice of application for committal

(12)If a debtor fails to pay in accordance with an order made under subrule (11) by an examiner, the creditor may file a notice of application for committal in Form F68 on filing an affidavit showing that the default has occurred, and subrules (2) and (3) apply.

Order for committal

(13)The court may order committal of a debtor if satisfied that

(a) the order to pay has not been obeyed,

(b) the person knew of the order, and

(c) the person has not shown good cause why an order of committal should not be made against him or her.

Costs payable by debtor

(14)The court may fix the costs payable by the debtor without assessment.

Form of order

(15)An order of committal must be in Form F69 and must commit the person named in it to prison for a term not exceeding 40 days.

Term of order

(16)An order of committal must not be enforced after the expiration of one year after the date the order was made.

Payment to sheriff

(17)A creditor seeking to enforce an order of committal must pay to the sheriff for the maintenance of the person committed the sum of $10 per day for each day of imprisonment by weekly payments of $70 in advance.

Maintenance money recoverable

(18)The maintenance money paid by a creditor under subrule (17) is a disbursement recoverable by the creditor from the debtor as costs of execution, without order.

Debtor to be brought before court

(19)Subject to subrule (21), a sheriff or peace officer executing an order of committal must promptly bring the person arrested before the court, and the person arrested may be examined by the court, and if the court considers that imprisonment is not appropriate, the court may stay execution of the order of committal and, in that event, must

(a) fix a time and place for a hearing to determine whether or not the order of committal should be set aside or varied, and

(b) give directions for notice of that hearing to be given to the creditor.

Application to set aside or vary order

(20)A person who is the subject of an order of committal may apply to the court to set aside or vary the order, and the court may order a stay of execution of the order pending the hearing of the application and give directions for service of notice of the hearing.

Payment of debt

(21)A person who is the subject of an order of committal may pay the amount payable endorsed on the order either to a registrar or to the sheriff, peace officer or warden in whose custody he or she is.

Receipt for payment

(22)On payment under subrule (21) to a registrar of the amount payable, the registrar must issue a receipt to that effect.

Release from custody

(23)On payment under subrule (21) to any of them of the amount payable or on being shown a registrar's receipt to that effect, a sheriff, peace officer or warden must release the person committed from custody and must endorse the order accordingly and return it to the registry.

Payment to creditor

(24)All money received under this rule must be paid promptly to the creditor.

Requisition for discharge

(25)A creditor who has obtained an order of committal may file in the registry a requisition in Form F17 requesting discharge of the person committed, and a registrar must endorse the requisition and a copy with the words "This is your authority to discharge ...................[name].............................. from custody" above the registrar's signature, and, on being shown the copy of the requisition, a sheriff, peace officer or warden must release the person committed from custody and must endorse the order accordingly and return it to the registry.

Failure to pay sheriff

(26)A sheriff who has not received maintenance money as provided in subrule (17) must,

(a) if the person committed is in the sheriff's custody, release the person committed, or

(b) if the person committed is in the warden's custody, notify the warden, who must release the person committed,

and each must endorse the order accordingly and return it to the registry.

Liability imposed by order

(27)Imprisonment under these Supreme Court Family Rules does not extinguish the liability imposed by an order.

Repealed

(28)Repealed. [B.C. Reg. 119/2010, Sch. B, s. 21.]

Rule 15-7 — Examinations in Aid of Execution

Definitions

(1)In this rule:

"judgment creditor" means a person entitled to enforce an order of the court, whether for payment of money or otherwise;

"judgment debtor" means a person against whom the order may be enforced.

Examination of judgment debtor

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

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

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

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

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

(e) the disposal the judgment debtor has made of any property either before or after the making of the order,

(f) the means the judgment debtor has, or has had, or in future may have, of satisfying the order, and

(g) whether the judgment debtor intends to obey the order or has any reason for not doing so.

Examination of corporate, partnership or firm judgment debtor

(3)An officer or director of a corporate judgment debtor, or a person liable to execution on the order in the case of a partnership or firm judgment debtor, may, without an order, be examined for discovery on the matters set out in subrule (2).

Limitation

(4)Unless the court otherwise orders, a person examined under subrule (2) or (3) must not be further examined in the same family law case for a year.

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 (2), the court may order that other person to be examined for discovery concerning the person's knowledge.

[am. B.C. Reg. 119/2010, Sch. B, s. 22.]

Order in certain cases

(6)If a difficulty arises in or about the execution or enforcement of an order, the court may make any order for the attendance and examination of a party or person it considers will further the object of these Supreme Court Family Rules.

Application of examination for discovery rules

(7)Rule 9-2 (4), (5), (10), (11), (12) (a) and (b), (13) and (15) to (24) applies to an examination under this rule.

Use of examination

(8)Any part of an examination for discovery under this rule may be given in evidence in the same or any subsequent proceeding between the parties to the proceeding or between the judgment creditor and the person examined for discovery.

Costs

(9)Unless the court otherwise orders, the party conducting an examination under this rule is entitled to recover the costs of the examination from the judgment debtor.

Rule 15-8 — Sales by the Court

Court may order sale

(1)If in a family law case it appears necessary or expedient that property be sold, the court may order the sale and may order a person in possession of the property or in receipt of the rents, profits or income from it to join in the sale and transfer of the property and deliver up the possession or receipt to the purchaser or person designated by the court.

Conduct of sale

(2)If an order is made directing property to be sold, the court may permit any person having the conduct of the sale to sell the property in the manner the person considers appropriate or as the court directs.

Directions for sale

(3)The court may give directions for the purpose of effecting a sale, including directions

(a) appointing the person who is to have conduct of the sale,

(b) fixing the manner of sale, whether by contract conditional on the approval of the court, private negotiation, public auction, sheriff's sale, tender or some other manner,

(c) fixing a reserve or minimum price,

(d) defining the rights of a person to bid, make offers or meet bids,

(e) requiring payment of the purchase price into court or to trustees or to other persons,

(f) settling the particulars or conditions of sale,

(g) obtaining evidence of the value of the property,

(h) fixing the remuneration to be paid to the person having conduct of the sale and any commission, costs or expenses resulting from the sale,

(i) that any conveyance or other document necessary to complete the sale be executed on behalf of any person by a person designated by the court, and

(j) authorizing a person to enter on any land or building.

Application for directions

(4)A person having conduct of a sale may apply to the court for further directions.

Certificate of sale

(5)The result of a sale by order of the court must be certified in Form F70 by the person having conduct of the sale and that certificate must be filed promptly after completion of the sale.

Vesting order

(6)The person having conduct of the sale may apply to the court for a vesting order in favour of a purchaser.

Part 16 — Costs

Rule 16-1 — Costs

Tariff of costs

(1)If costs are payable to a party under these Supreme Court Family Rules or by order, those costs must be assessed in accordance with Appendix B unless any of the following circumstances exist:

(a) the parties consent to the amount of costs and file a certificate of costs or expenses setting out that amount;

(b) the court orders that

(i)   the costs of the family law case be assessed as special costs, or

(ii)   the costs of an application, a step or any other matter in the family law case be assessed as special costs in which event costs in relation to all other applications, steps and matters in the family law case must be determined and assessed under this rule in accordance with this subrule;

(c) the court awards lump sum costs for the family law case and fixes those costs under subrule (14) in an amount the court considers appropriate;

(d) the court awards lump sum costs in relation to an application, a step or any other matter in the family law case and fixes those costs under subrule (14), in which event costs in relation to all other applications, steps and matters in the family law case must be determined and assessed under this rule in accordance with this subrule.

[am. B.C. Reg. 133/2012, Sch. s. 22 (a).]

Assessment of special costs

(2)On an assessment of special costs, a registrar must

(a) allow those fees that were proper or reasonably necessary to conduct the family law case, and

(b) consider all of the circumstances, including the following:

(i)   the complexity of the family law case and the difficulty or the novelty of the issues involved;

(ii)   the skill, specialized knowledge and responsibility required of the lawyer;

(iii)   the amount involved in the family law case;

(iv)   the time reasonably spent in conducting the family law case;

(v)   the conduct of any party that tended to shorten, or to unnecessarily lengthen, the duration of the family law case;

(vi)   the importance of the family law case to the party whose bill is being assessed, and the result obtained;

(vii)   the benefit to the party whose bill is being assessed of the services rendered by the lawyer;

(viii)   Rule 1-3.

Assessment officer

(3)The officer before whom costs are assessed is a registrar.

Disbursements

(4)When assessing costs under subrule(1) or (2) of this rule, a registrar must

(a) determine which disbursements have been necessarily or properly incurred in the conduct of the family law case, and

(b) allow a reasonable amount for those disbursements.

Directions

(5)If the court has made an order for costs,

(a) any party may, at any time before a registrar issues a certificate under subrule(25), apply for directions to the judge or master who made the order for costs,

(b) the judge or master may direct that any item of costs, including any item of disbursements, be allowed or disallowed, and

(c) the registrar is bound by any direction given by the judge or master.

Tax in respect of legal services and disbursements

(6)If tax is payable by a party in respect of legal services or disbursements, a registrar must, on an assessment under subrule (1) or (2), allow an additional amount to compensate for that tax as follows:

(a) if the tax is payable in respect of legal services, the additional amount to compensate for the tax must be determined by multiplying the percentage rate of the tax by the amount of costs allowed;

(b) if the tax is payable in respect of disbursements, the additional amount to compensate for the tax must be determined by multiplying the percentage rate of the tax by the monetary value of the disbursements as assessed.

Costs to follow event

(7)Subject to subrule (9), costs of a family law case must be awarded to the successful party unless the court otherwise orders.

Costs where party represented by an employee

(8)A party is not disentitled to costs merely because the party's lawyer is an employee of the party.

Costs of applications

(9)Unless the court hearing an application otherwise orders,

(a) if the application is granted, the party who brought the application is entitled to costs of the application if that party is awarded costs at trial or at the hearing of the petition, but the party opposing the application, if any, is not entitled to costs even though that party is awarded costs at trial or at the hearing of the petition, and

(b) if the application is refused, the party who brought the application is not entitled to costs of the application even though that party is awarded costs at trial or at the hearing of the petition, but the party opposing the application, if any, is entitled to costs if that party is awarded costs at trial or at the hearing of the petition.

When costs payable

(10)If an entitlement to costs arises during a family law case, whether as a result of an order or otherwise, those costs are payable on the conclusion of the family law case unless the court otherwise orders.

Costs of hearing fees

(11)If the court orders that the parties bear their own costs, the hearing fees are to be shared equally between the parties unless the court otherwise orders or the parties otherwise agree.

Obligation to pay unaffected

(12)Nothing in subrule (11) removes from the party who filed the notice of trial the obligation to pay the hearing fees to the registry.

Costs arising from improper act or omission

(13)If anything is done or omitted improperly or unnecessarily, by or on behalf of a party, the court or a registrar may order

(a) that any costs arising from or associated with any matter related to the act or omission not be allowed to the party, or

(b) that the party pay the costs incurred by any other party by reason of the act or omission.

Costs of whole or part of family law case

(14)The court may award costs

(a) of a family law case,

(b) that relate to some particular application, step or matter in or related to the family law case, or

(c) except so far as they relate to some particular application, step or matter in or related to the family law case

and in awarding those costs the court may fix the amount of costs, including the amount of disbursements.

Costs payable from estate or property

(15)If it is ordered that any costs are to be paid out of an estate or property, the court may direct out of what portion of the estate or property the costs are to be paid.

Set-off of costs

(16)If a party entitled to receive costs is liable to pay costs to another party, a registrar may assess the costs the party is liable to pay and may adjust them by way of deduction or set-off or may delay the allowance of the costs the party is entitled to receive until the party has paid or tendered the costs the party is liable to pay.

Costs of one respondent payable by another

(17)If the costs of one respondent against a claimant ought to be paid by another respondent, the court may order payment to be made by one respondent to the other directly, or may order the claimant to pay the costs of the successful respondent and allow the claimant to include those costs as a disbursement in the costs payable to the claimant by the unsuccessful respondent.

Unnecessary expense after judgment

(18)If after pronouncement of judgment a party puts another party to unnecessary proceedings or expense, a registrar, in assessing the costs of the family law case, may award costs as the registrar considers appropriate against the offending party except in relation to anything for which expenses have been ordered.

[am. B.C. Reg. 133/2012, Sch. s. 22 (b).]

Form of bill of costs

(19)A bill of costs must be in Form F71.

Appointment to assess costs

(20)A person who seeks to have costs assessed must

(a) obtain a date for an appointment before a registrar,

(b) file an appointment in Form F55 to which is attached the bill of costs to be assessed, and

(c) at least 5 days before the date of the appointment, serve a copy of the filed Form F55 appointment and any affidavit in support in accordance with subrule (24).

Place for assessment

(21)An appointment for assessment of costs must be taken out at the registry at which the proceeding is being conducted or at any other registry to which the parties to the appointment may agree.

Further particulars

(22)A registrar may order further particulars or details of a bill of costs being assessed.

Assessment of sheriff's fees

(23)If a sheriff who has charged fees for services set out in Schedule 2 of Appendix C or a person affected by those fees wishes to have those fees assessed, the person seeking the assessment must

(a) obtain an appointment from a registrar in Form F55 and attach to that appointment a copy of the bill to be assessed, if available, and

(b) at least 5 days before the assessment, serve a copy of the appointment and any affidavit in support on all persons affected by the fees.

Service of appointment

(24)A person seeking an assessment of costs must serve an appointment in Form F55 to which is attached the bill of costs, and any affidavit in support, on

(a) the person against whom costs are to be assessed, and

(b) every other person whose interest, whether in a fund or estate or otherwise, may be affected.

Certificate of costs or expenses

(25)On the conclusion of an assessment of costs, or if the party charged has consented to the amount, a registrar must, either by endorsing the original bill or by issuing a certificate of costs or expenses in Form F72, certify the amount of costs awarded, and the party assessing costs must file the certificate.

[am. B.C. Reg. 133/2012, Sch. s. 22 (c).]

Review of an assessment

(26)A party who is dissatisfied with a decision of a registrar on an assessment of costs may, within 14 days after the registrar has certified the costs, apply to the court for a review of the assessment.

Form of bill in certain cases

(27)A bill for special costs may be rendered on a lump sum basis.

Description of services

(28)A lump sum bill must contain a description of the nature of the services and of the matter involved as would, in the opinion of a registrar, afford any lawyer sufficient information to advise a client on the reasonableness of the charge made.

Evidence of lawyer

(29)A party to an assessment of costs may put in evidence the opinion of a lawyer as to the nature and importance of the services rendered and of the matter involved and the reasonableness of the charges made, but a party must not put in evidence the opinions of more than 2 lawyers, and a lawyer giving an opinion may be required to attend for examination and cross-examination.

Disallowance of fees and costs

(30)If the court considers that a party's lawyer has caused costs to be incurred without reasonable cause, or has caused costs to be wasted through delay, neglect or some other fault, the court may do any one or more of the following:

(a) disallow any fees and disbursements between the lawyer and the lawyer's client or, if those fees or disbursements have been paid, order that the lawyer repay some or all of them to the client;

(b) order that the lawyer indemnify his or her client for all or part of any costs that the client has been ordered to pay to another party;

(c) order that the lawyer be personally liable for all or part of any costs that his or her client has been ordered to pay to another party;

(d) make any other order that the court considers will further the object of these Supreme Court Family Rules.

Costs may be ordered without assessment

(31)If the court makes an order under subrule (30), the court may

(a) direct a registrar to conduct an inquiry and file a report with recommendations as to the amount of costs, or

(b) subject to subrule (34), fix the costs with or without reference to the tariff in Appendix B.

Notice

(32)An order against a lawyer under subrule (30) or (31) must not be made unless the lawyer is present or has been given notice.

Order to be served

(33)A lawyer against whom an order under subrule (30) or (31) has been made must promptly serve a copy of the entered order on his or her client.

Limitation

(34)An order by the court under subrule (31) (b) in respect of the costs of an application must not exceed $1 000.

Refusal or neglect to procure assessment

(35)If a party entitled to costs fails to assess costs and prejudices another party by failing to do so, a registrar may certify the costs of the other party and certify the failure and disallow all costs of the party in default.

Referrals

(36)Unless the court otherwise orders, fees to lawyers, accountants, engineers, actuaries, valuators, merchants and other scientific persons to whom any matter or question is referred by the court must be determined by a registrar, subject to an appeal to the court.

Rule 16-2 — Assessment of Expenses

Expenses to be assessed

(1)If, under section 212 (2), 213 (2) (d) (i), 214 (4), 221 (2) (c) (i), 228 (1) (c) (i) or 230 (2) (b) (i) of the Family Law Act, the court orders that expenses be paid to a person,

(a) the parties may consent to the amount of expenses and file a certificate of costs or expenses in Form F72 setting out that amount,

(b) the court may award lump sum expenses and fix that lump sum in an amount the court considers appropriate, or

(c) if paragraphs (a) and (b) do not apply, those expenses must be assessed in accordance with this rule.

[en. B.C. Reg. 133/2012, Sch. s. 23.]

Assessment officer

(2)The officer before whom expenses are assessed is a registrar.

[en. B.C. Reg. 133/2012, Sch. s. 23.]

Directions

(3)If the court makes an order for expenses,

(a) any party may, at any time before a registrar issues a certificate under subrule (7), apply for directions to the judge or master who made the order for expenses,

(b) the judge or master may direct that any item be allowed or disallowed as an expense, and

(c) the registrar is bound by any direction given by the judge or master.

[en. B.C. Reg. 133/2012, Sch. s. 23.]

Appointment to assess expenses

(4)A person who seeks to have expenses assessed must

(a) obtain a date for an appointment before a registrar,

(b) file an appointment in Form F55 to which is attached the list of expenses in Form F71.1, and

(c) at least 5 days before the date of the appointment, serve a copy of the filed Form F55 appointment, to which is attached the list of expenses, and any affidavit in support on

(i)   the person against whom expenses are to be assessed, and

(ii)   every other person whose interest, whether in a fund or estate or otherwise, may be affected.

[en. B.C. Reg. 133/2012, Sch. s. 23.]

Place for assessment

(5)An appointment for assessment of expenses must be taken out at the registry at which the proceeding is being conducted or at any other registry to which the parties to the appointment may agree.

[en. B.C. Reg. 133/2012, Sch. s. 23.]

Further particulars

(6)A registrar may order further particulars or details of a list of expenses being assessed.

[en. B.C. Reg. 133/2012, Sch. s. 23.]

Certificate of costs or expenses

(7)On the conclusion of an assessment of expenses, or if the party charged has consented to the amount, a registrar must, by issuing a certificate of costs or expenses in Form F72, certify the amount of expenses awarded, and the party assessing expenses must file the certificate.

[en. B.C. Reg. 133/2012, Sch. s. 23.]

Review of an assessment

(8)A party who is dissatisfied with a decision of a registrar on an assessment of expenses may, within 14 days after the registrar has certified the expenses, apply to the court for a review of the assessment.

[en. B.C. Reg. 133/2012, Sch. s. 23.]

When expenses payable

(9)Unless the court otherwise orders, if the court makes an order for expenses, those expenses are payable promptly after the later of

(a) the date on which a certificate for those expenses is filed under this rule, and

(b) if a review is requested under subrule (8), the date on which the amount of the expenses to be paid is confirmed by that review.

[en. B.C. Reg. 133/2012, Sch. s. 23.]

No costs if expenses ordered

(10)If expenses are ordered in relation to a step or matter in the family law case, costs are not to be assessed in relation to that same step or matter.

[en. B.C. Reg. 133/2012, Sch. s. 23.]

Part 17 — Petition Proceedings

Rule 17-1 — Petitions

Definitions

(1)In this rule, "petition respondent" means a person who files a response to petition under subrule (4).

Petitions

(2)A person wishing to bring a family law case referred to in Rule 3-1 (3) or (4) (b) by filing a petition must file a petition in Form F73 and each affidavit in support.

Usual Procedure

Service

(3)Unless these Supreme Court Family Rules otherwise provide or the court otherwise orders, a copy of the filed petition and of each filed affidavit in support must be served by personal service on all persons whose interests may be affected by the order sought.

Response to petition

(4)A person who has been served with a copy of a filed petition under subrule (3) of this rule must, if the person wishes to receive notice of the time and date of the hearing of the petition, do the following:

(a) file a response to petition in accordance with subrule (5);

(b) file, with the response to petition, all affidavits that have not already been filed and on which the person intends to rely at the hearing of the petition;

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

(i)   if the petition respondent was served with the petition anywhere in Canada, within 21 days after that service;

(ii)   if the petition respondent was served with the petition anywhere in the United States of America, within 35 days after that service;

(iii)   if the petition respondent was served with the petition anywhere else, within 49 days after that service.

[am. B.C. Reg. 95/2011, Sch. B, s. 3 (a).]

Contents of response to petition

(5)A response to petition must be in Form F74 and must

(a) indicate, for each order sought, whether the petition respondent consents to, opposes or takes no position on the order, and

(b) if the petition respondent wishes to oppose any of the relief sought in the petition,

(i)   briefly summarize the factual and legal bases on which the orders sought should not be granted,

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

(iii)   set out the petition respondent's estimate of the time the petition will take for hearing.

Petitioner may respond

(6)A petitioner may file affidavits in response to any document served on the petitioner under subrule (4) (c), and, in that event, must serve copies of those filed responding affidavits on each petition respondent no later than the date on which the notice of hearing is served on that petition respondent under subrule (8) (b).

No additional affidavits

(7)Unless all parties consent or the court otherwise orders, a party must not serve any affidavits additional to those served under subrules (3), (5) and (6).

Setting application for hearing

(8)A petitioner wishing to set a petition down for hearing must,

(a) in the case of a petition to which no response to petition has been served under subrule (4) (c), file a notice of hearing in Form F75 at any time before the hearing of the petition, or

(b) in the case of a petition to which a response to petition has been filed and served under subrule (4) (c), file a notice of hearing in Form F75, and serve a copy of the filed notice of hearing on each petition respondent, at least 7 days before the date set for the hearing of the petition.

Date and time of hearing

(9)The hearing of a petition must be set for 9:45 a.m. on a date on which the court hears petitions or at such other time or date as has been fixed by the court or a registrar.

Date and time if hearing time more than 2 hours

(10)If the estimate, set out in the petition, of the time that the hearing of the petition will take is more than 2 hours, the date and time of hearing must be fixed by a registrar.

[am. B.C. Reg. 119/2010, Sch. B, s. 23 (a).]

Petition record

(11)Subject to subrule (13), the petitioner 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, a petition record as follows:

(a) the petition record must be in a ring binder or in some other form of secure binding;

(b) the petition 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 petitioner and the petition respondents;

(ii)   an index;

(iii)   a copy of the filed petition;

(iv)   a copy of each filed response to petition;

(v)   a copy of each filed affidavit that is to be referred to at the hearing;

(c) the petition record may contain

(i)   a draft of the proposed order,

(ii)   a written argument,

(iii)   a list of authorities, and

(iv)   a draft bill of costs;

(d) the petition 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.

[am. B.C. Reg. 119/2010, Sch. B, s. 23 (b) and (c).]

Service of petition record

(12)The petitioner must serve a copy of the petition record index on each petition respondent no later than 4 p.m. on the day that is one full day before the date set for the hearing.

[am. B.C. Reg. 119/2010, Sch. B, s. 23 (d).]

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

(13)If a petition respondent intends to set an application for hearing at the same time as the hearing of the petition, the parties must, so far as is possible, prepare and file a joint petition record and agree to a date for the hearing of both applications.

Petition record to be returned

(14)Unless the court otherwise orders, the applicant must retrieve the petition record

(a) at the conclusion of the hearing, or

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

[am. B.C. Reg. 119/2010, Sch. B, s. 23 (e).]

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 4 p.m. on the day that is one full day before, the new date set for the hearing of the petition.

[am. B.C. Reg. 119/2010, Sch. B, s. 9.]

Provision of amended petition record

(16)If any additional affidavits are filed and served under subrule (7), the petitioner must provide to the registry an amended petition record containing those affidavits.

Resetting adjourned hearings

(16.1)To reset the hearing of a petition that has been adjourned without a date being set for it to be heard ("adjourned generally"), the petitioner must

(a) file a requisition in Form F17 setting out the date and time of the hearing, and

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

[en. B.C. Reg. 119/2010, Sch. B, s. 23 (f).]

Petition respondent may apply for directions

(17)If the petitioner does not

(a) set the petition for hearing within a reasonable time after being requested to do so by a petition respondent, or

(b) after the hearing of the petition has been adjourned generally, reset the petition for hearing within a reasonable time after being requested to do so by a petition respondent,

a petition respondent may apply, by requisition in Form F17 on 2 days' notice, for directions.

[en. B.C. Reg. 95/2011, Sch. B, s. 3 (b).]

Powers of court

(18)Without limiting the court's right under Rule 10-3 (7) (d) to transfer the family law case referred to in this rule to the trial list, the court may, whether or not on the application of a party, apply any other of these Supreme Court Family Rules to a family law case referred to in this rule.

Amendment of petition

(19)A party may amend a petition or response to petition filed by the party

(a) at any time with leave of the court, and

(b) subject to Rules 8-2 (7) and (9) and 9-6 (5),

(i)   once without leave of the court, at any time before service of the notice of hearing, and

(ii)   at any time with the written consent of all the parties,

and for that purpose Rule 8-1 (2) to (7) applies.

[am. B.C. Reg. 119/2010, Sch. B, s. 4.]

Renewal of original petition

(20)An original petition does not remain in force for more than 12 months, but if a respondent named in a petition has not been served, the court, on the application of the petitioner made before or after the expiration of the 12 months, may order that the original petition be renewed for a period of not more than 12 months.

Further renewal of petition

(21)If a renewed petition has not been served on a respondent named in the petition, the court, on the application of the petitioner made during the currency of the renewed petition, may order the renewal of the petition for a further period of not more than 12 months.

When renewal period begins

(22)Unless the court otherwise orders, a renewal period ordered under subrule (20) or (21) begins on the date of the order.

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.

Procedure Applicable to Adoptions

Uncontested adoptions

(24)If, in a family law case in which an order for adoption is sought, notice of an application for the order for adoption is not required, the petitioner may make that application by filing

(a) a requisition in Form F29, and

(b) a draft of the proposed order in Form F34.

Referral by registrar

(25)On being satisfied that the materials appropriate for an application referred to in subrule (24) have been filed in accordance with subrule (24), a registrar may refer the application to a judge or master.

Disposition of referred applications

(26)If an application is referred by a registrar to a judge or master under subrule (25), the judge or master may

(a) make the order, or

(b) give directions respecting the application.

Part 18 — Other Procedures

Rule 18-1 — Inquiries, Assessments and Accounts

Direction for inquiries, assessments or accounts

(1)At any stage of a family law case, the court may direct that an inquiry, assessment or accounting be held by a master, registrar or special referee.

Certificate as to result

(2)The court may direct that the result of an inquiry, assessment or accounting be certified by the master, registrar or special referee and, in that event, the certificate, if filed under subrule (9), is binding on the parties to the family law case.

Report and recommendation

(3)If the court does not direct that the result of an inquiry, assessment or accounting be certified, the result of the inquiry, assessment or accounting must be stated in the form of a report and recommendation to the court.

Application to vary or confirm recommendation

(4)On application by a party, the court may

(a) vary or confirm the recommendation contained in the report and recommendation referred to in subrule (3),

(b) remit the inquiry, assessment or accounting with directions, or

(c) order that the subject matter of the inquiry, assessment or accounting be determined as directed by the court.

Time and place of hearing

(5)A master, registrar or special referee may hold a hearing in relation to an inquiry, assessment or accounting and, in that event, may

(a) hold the hearing at a convenient time and place,

(b) adjourn the hearing from time to time, and

(c) administer oaths, take evidence, direct production of documents and give general directions for the conduct of the hearing.

Appointment

(6)If a party wishes to proceed with an inquiry, assessment or accounting directed by the court under subrule (1), the party must

(a) take out an appointment in Form F55, and

(b) serve notice of the appointment on all parties or as directed by the court.

Witnesses

(7)A party to a family law case in which an inquiry, assessment or accounting is held may subpoena any person, including a party, to give evidence at the hearing of the inquiry, assessment or accounting and to produce documents.

Certificate or recommendation to be filed and served

(8)A master, registrar or special referee must state the result of an inquiry, assessment or accounting in the form of a certificate or a report and recommendation as directed under subrule (2) or (3) respectively, with or without reasons, and must

(a) provide the certificate to the party requesting the certificate, or

(b) file the report and recommendation and provide a copy to all persons who appeared at the hearing.

Party may file certificate

(9)A party to whom a certificate is provided under subrule (8) (a) may file that certificate.

Opinion of the court

(10)Before the master, registrar or special referee has concluded a hearing of an inquiry, assessment or accounting, he or she may, in a summary or other manner, ask the opinion of the court on any matter arising in the hearing.

Accounts of executor, trustee, etc.

(11)A person may apply by petition for the furnishing of accounts by the executor or administrator of an estate, a trustee, a receiver, a liquidator, a guardian or a partner.

Special directions

(12)The court may give special directions as to the manner in which an inquiry, assessment or accounting is to be taken or made, and the directions may include

(a) the manner in which the inquiry, assessment or accounting is to be prosecuted,

(b) the evidence to be introduced in support,

(c) the parties required to attend all or any part of the proceedings,

(d) the time within which each proceeding is to be taken, and

(e) a direction that persons whose interest can be classified constitute a class and are to be represented by the same lawyer,

and the court may fix a time for the further attendance of the parties.

Court may appoint lawyer

(13)If the court makes a direction under subrule (12) (e) and the persons cannot agree on the lawyer to represent them, the court may appoint the lawyer to represent them.

Varying directions

(14)The court may vary or rescind a direction given under subrule (12).

Account to be verified by affidavit

(15)If an accounting is directed to be held, unless the court otherwise orders, the party required to account must make out that party's account and verify it by an affidavit to which the account must be exhibited.

Form of account

(16)If an account is made out under subrule (15), the items on each side of the account must be numbered consecutively, and the party required to account must file the affidavit and the account referred to in that subrule and serve copies of those filed documents on all parties.

Particulars of errors in account

(17)A party who alleges that there are errors or omissions in an account must file and serve on all parties a notice of those errors with brief particulars.

Notice of order

(18)If the court makes an order directing that an inquiry, assessment or accounting be held in a proceeding relating to the sale of any property, the court may direct that notice of the order in Form F76 be served on any person interested in the property.

Person bound as if party

(19)Any person served with notice of an order in accordance with subrule (18) is, subject to subrule (21), bound by the order to the same extent as the person would have been if the person had originally been made a party to the family law case.

Dispensing with service

(20)In any case in which it appears that it is impracticable for any reason to serve a person with a notice of order under subrule (18),

(a) the court may dispense with service on the person,

(b) the court may order that that person be bound by any order made to the same extent as if the person had been served with notice of the order, and

(c) the person referred to in an order under paragraph (b) is bound by the order to the same extent as if the person had been served with notice of the order unless the order was obtained by fraud or non-disclosure of material facts.

Person may apply to vary or rescind

(21)Within 28 days after service of a notice of order under subrule (18) on a person, the person may, without becoming a party to the family law case, apply to the court to vary or rescind the order.

Person may file a notice of interest

(22)A person served with a notice of order under subrule (18) may, after filing a notice of interest in Form F77, take part in the family law case.

Rule 18-2 — Jurisdictional Disputes

Disputed jurisdiction

(1)A party who has been served with a notice of family claim, counterclaim or petition in a family law case, whether that service was effected in or outside British Columbia, may, after filing a jurisdictional response in Form F78,

(a) apply to strike out the notice of family claim, counterclaim or petition or to dismiss or stay the family law case on the ground that the notice of family claim, counterclaim or petition does not allege facts that, if true, would establish that the court has jurisdiction over that party in respect of the claim made against that party in the family law case,

(b) apply to dismiss or stay the family law case on the ground that the court does not have jurisdiction over that party in respect of the claim made against that party in the family law case, or

(c) allege in a pleading or in a response to petition that the court does not have jurisdiction over that party in respect of the claim made against that party in the family law case.

Order declining jurisdiction may be sought

(2)Whether or not a party referred to in subrule (1) applies or makes an allegation under that subrule, the party may apply to court for a stay of the family law case on the ground that the court ought to decline to exercise jurisdiction over that party in respect of the claim made against that party in the family law case.

Disputed pleading or service

(3)If a party who has been served with an notice of family claim, counterclaim or petition in a family law case, whether served in or outside British Columbia, alleges that the notice of family claim, counterclaim or petition is invalid or has expired or that the purported service of the notice of family claim, counterclaim or petition was invalid, the party may, after filing a jurisdictional response in Form F78, apply for one or both of the following:

(a) an order setting aside the notice of family claim, counterclaim or petition;

(b) an order setting aside service of the notice of family claim, counterclaim or petition.

Powers of court pending resolution

(4)If an application is brought under subrule (1) (a) or (b) or (3) or an issue is raised by an allegation in a pleading or a response to petition referred to in subrule (1) (c), the court may, on the application of a party, before deciding the first-mentioned application or issue,

(a) stay the family law case,

(b) give directions for the conduct of the first-mentioned application,

(c) give directions for the conduct of the family law case, and

(d) discharge any order previously made in the family law case.

Party does not submit to jurisdiction

(5)If, within 30 days after filing a jurisdictional response in a family law case, the filing party serves a notice of application under subrule (1) (a) or (b) or (3) on the parties or files a pleading or a response to petition referred to in subrule (1) (c),

(a) the party does not submit to the jurisdiction of the court in relation to the family law case merely by filing or serving any or all of the following:

(i)   the jurisdictional response;

(ii)   a pleading or response to petition under subrule (1) (c);

(iii)   a notice of application and supporting affidavits under subrule (1) (a) or(b), and

(b) until the court has decided the application or the issue raised by the pleading, petition or response to petition, the party may, without submitting to the jurisdiction of the court,

(i)   apply for, enforce or obey an order of the court, and

(ii)   defend the family law case on its merits.

Rule 18-3 — Appeals

Application

(1)If an appeal or an application in the nature of an appeal from a decision, direction or order of any person or body, including the Provincial Court, is authorized by an enactment to be made to the court or to a judge, the appeal is governed by this rule to the extent that this rule is not inconsistent with any procedure provided for in the enactment.

Form

(2)An appeal is to be started by filing in a registry a notice of appeal in Form F79 or Form F80.

Directions

(3)A notice of appeal must include

(a) the standard set of directions, in the form directed by the Chief Justice, governing the conduct of the appeal, or

(b) an application for directions as to the conduct of the appeal.

Conduct of appeal

(4)If the notice of appeal includes a standard set of directions under subrule (3) (a), the appeal must be conducted in accordance with those directions unless the court otherwise orders.

Application for directions

(5)Unless the court otherwise directs, an application for directions under subrule (3) (b) must be set for hearing on a date that is at least 7 days after the date on which the notice of appeal is served in accordance with subrule (6).

Service of notice of appeal

(6)Unless the court otherwise orders, a notice of appeal must be served on

(a) the person or body that gave the decision or direction, or made the order, being appealed, and

(b) all other persons who may be affected by the order sought.

Powers of court

(7)The court may give directions for the proper hearing and determination of an appeal and, without limiting this, may make an order

(a) that documents, transcripts or minutes be produced,

(b) that evidence be introduced by way of affidavit, or that it be given orally,

(c) that the appeal be determined by way of stated case or argument on a point of law,

(d) prescribing time limits for taking steps in and for the hearing of the appeal, or

(e) that the appeal be disposed of summarily,

and may exercise any of the powers of the court exercisable in a petition proceeding.

Filing notice of interest

(8)A person who intends to oppose an appeal must

(a) file a notice of interest in Form F77 within the following period:

(i)   if the person was served with the notice of appeal anywhere in Canada, within 7 days after that service;

(ii)   if the person was served with the notice of appeal anywhere in the United States of America, within 14 days after that service;

(iii)   if the person was served with the notice of appeal anywhere else, within 28 days after that service, and

(b) promptly after filing the notice of interest, serve a copy of the filed notice of interest on the appellant.

[am. B.C. Reg. 95/2011, Sch. B, s. 4.]

Notice of hearing of appeal

(9)After obtaining from a registrar a date for the hearing of the appeal, if the appellant wishes to proceed with the appeal, the appellant must set the appeal for hearing on that date by

(a) filing a notice of hearing of appeal in Form F81, and

(b) serving a copy of the filed notice of hearing of appeal on all parties.

Notice of abandonment of appeal

(10)An appellant may abandon an appeal by

(a) filing a notice of abandonment of appeal in Form F82, and

(b) serving a copy of the filed notice of abandonment of appeal on all parties.

Part 19 — Judgments From Other Courts

Rule 19-1 — Canadian Judgments

Definition

(1)In this rule, "Canadian judgment" has the same meaning as in the Enforcement of Canadian Judgments and Decrees Act.

Registration requirements for Canadian judgments

(2)A person wishing to register a Canadian judgment under the Enforcement of Canadian Judgments and Decrees Act must, for the purposes of section 3 (1) (b) of that Act, file a certified English translation of the Canadian judgment if the judgment was made in a language other than English.

Rule 19-2 — Foreign Judgments

Definitions

(1)In this rule:

"convention" means the Convention for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters, the English language version of which is set out in Schedule 4 of the Court Order Enforcement Act;

"reciprocally enforceable judgment" means a judgment that may be registered under Part 2 or 4 of the Court Order Enforcement Act.

Application under Court Order Enforcement Act

(2)A family law case to register a reciprocally enforceable judgment must be started by petition.

Affidavit in support

(3)The application for registration of a reciprocally enforceable judgment must be supported by an affidavit

(a) exhibiting

(i)   a certified copy of the judgment under the seal of the original court,

(ii)   if section 29 (2) of the Court Order Enforcement Act applies to the application, the certificate referred to in section 29 (3) of that Act, and

(iii)   a certified translation of the judgment or certificate if made in a language other than English, and

(b) stating, to the best of the information and belief of the person swearing or affirming the affidavit,

(i)   that the judgment creditor is entitled to enforce the judgment,

(ii)   the amount presently owing on the judgment,

(iii)   the full name, occupation and usual or last known residence or place of business of the judgment creditor and judgment debtor respectively,

(iv)   whether the judgment debtor

(A)  was personally served with the process of the original court,

(B)  was served with the process of the original court other than by personal service, or

(C)  participated in the proceeding or otherwise submitted to the jurisdiction of the original court, and

(v)   that the judgment is not one that is disqualified from registration either under section 29 (6) of the Court Order Enforcement Act or under Article II, paragraph 2, or Article IV, paragraph 1, of the convention, whichever is applicable.

Applications for reciprocal enforcement of judgment

(4)Notice of an application to register a reciprocally enforceable judgment need not be given to the judgment debtor if

(a) the application is made under Part 4 of the Court Order Enforcement Act, or

(b) the application is made under Part 2 of the Court Order Enforcement Act and section 29 (2) of that Act applies to the application.

Form of order to register

(5)The order to register the judgment must be in Form F83.

Notice of registration

(6)If a reciprocally enforceable judgment is registered, and the judgment debtor had no notice of the application for registration, notice of the registration must be given to the judgment debtor within one month after the registration.

Setting aside registration of judgment under convention

(7)The court may order that the registration of a judgment under Part 4 of the Court Order Enforcement Act be set aside if the judgment debtor was not duly served with the process of the original court, unless the judgment debtor participated in the proceeding or otherwise submitted to the jurisdiction of the original court.

Stay of enforcement

(8)The court may make an order staying or limiting the enforcement of a judgment registered under Part 4 of the Court Order Enforcement Act, subject to any terms and for any period the court considers appropriate, if

(a) the judgment is not final,

(b) an appeal is pending, or

(c) the time for appeal has not expired.

Stay of proceeding in family law case on foreign judgment

(9)A respondent in a family law case on a foreign judgment, whether or not it is a reciprocally enforceable judgment, on proof that an appeal or other proceeding in the nature of an appeal is pending or the time for appeal has not expired, may apply for an order staying the family law case until the determination of the appeal or other proceeding on terms that the court may impose.

Part 20 — Special Rules For Certain Parties

Rule 20-1 — Partnerships

Partners may sue or be sued in firm name

(1)Two or more persons claiming to be entitled, or alleged to be liable, as partners may sue or be sued in the name of the firm in which they were partners at the time when the alleged right or liability arose.

Service on firm

(2)Service is effected on a firm by leaving a copy of the document to be served with

(a) a person who was a partner at the time the alleged right or liability arose, or

(b) a person at a place of business of the firm who appears to manage or control the partnership business there.

Responding pleading

(3)A response to family claim, response to counterclaim or response to petition by a partnership must be in the name of the firm, but a partner or a person served as a partner may file a response to family claim, response to counterclaim or response to petition and defend in the person's own name, whether or not named in the notice of family claim, counterclaim or petition.

Affidavit naming partners

(4)If a firm is a party to a family law case, any other party may serve a notice requiring one of the partners to serve, within 10 days, an affidavit setting out the names and addresses of all persons who were partners when the alleged right or liability arose.

Court may order service

(5)If the affidavit requested under subrule (4) is not served, the court may order service.

Execution against partnership property

(6)If an order is made against a firm, execution to enforce the order may issue against any property of the firm.

Execution against partners

(7)Without limiting subrule (8), if an order is made against a firm, execution to enforce the order may issue against any person who

(a) filed a response to family claim, response to counterclaim or response to petition in the family law case in the person's own name as a partner,

(b) having been served with the notice of family claim, counterclaim or petition as a partner, failed to file a response to family claim, response to counterclaim or response to petition in the family law case,

(c) admitted in a pleading or affidavit that the person is a partner, or

(d) was adjudged to be a partner.

Execution against other persons

(8)If a party who has obtained an order against a firm claims that a person who is not a person described in subrule (7) is liable to satisfy the order as being a member of the firm, the party may apply to the court for leave to issue execution against that person.

Liability may be determined

(9)If the person against whom an application under subrule (8) is made disputes liability, the court may order that the liability of the person be determined in any manner in which an issue or question in a family law case may be determined.

Family law case against person carrying on business in a name other than the person's own

(10)A person carrying on business in a name or style other than the person's own name may be sued in that name or style as if it were the name of a firm, and this rule applies as if the person were a partner and the name in which the person carries on business were the name of that firm.

Rule 20-2 — Minors

Party who is a minor

(1)A minor may act without a litigation guardian in a family law case in the following circumstances:

(a) in a family law case brought under the Family Law Act, if section 201 of that Act applies;

(b) in any other family law case, if the minor has attained the age of 16 years.

[en. B.C. Reg. 133/2012, Sch. s. 24 (a).]

Rule 20-3 does not apply in certain circumstances

(1.1)Rule 20-3 does not apply to a minor who may, under subrule (1) of this rule, act without a litigation guardian in a family law case.

[en. B.C. Reg. 133/2012, Sch. s. 24 (a).]

Appointment of litigation guardian

(2)Without limiting section 201 of the Family Law Act and despite subrule (1), if the court considers that it is in the interest of a minor referred to in subrule (1) or of any child of the minor, it may, whether or not on the application of a party, appoint a litigation guardian for the minor or for the child of the minor.

[am. B.C. Reg. 133/2012, Sch. s. 24 (b).]

Rule 20-3 — Persons under Disability

Interpretation

(1)In this rule, "committee" means the committee, appointed under the Patients Property Act, of the estate of a patient.

Start of family law case by person under disability

(2)A family law case brought by or against a person under legal disability must be started or defended by his or her litigation guardian.

Role of litigation guardian

(3)Unless a rule otherwise provides, anything that is required or authorized by these Supreme Court Family Rules to be done by or invoked against a party under disability must

(a) be done on the party's behalf by his or her litigation guardian, or

(b) be invoked against the party by invoking the same against the party's litigation guardian.

Lawyer must be involved

(4)A litigation guardian must act by a lawyer unless the litigation guardian is the Public Guardian and Trustee.

Litigation guardian

(5)Unless the court otherwise orders or an enactment otherwise provides, a person ordinarily resident in British Columbia may be a litigation guardian of a person under disability without being appointed by the court.

Committee as litigation guardian

(6)If a person is appointed committee, that person must be the litigation guardian of the patient in any family law case unless the court otherwise orders.

Consent of litigation guardian

(7)Before the name of a person is used in a family law case as a litigation guardian, that person's consent, signed by the person or his or her lawyer, must be filed, unless the person

(a) has been appointed by the court, or

(b) is the litigation guardian under section 35 (1) of the Representation Agreement Act of a party to that family law case.

Certificate of fitness

(8)Unless a committee has been appointed, the lawyer for a person under disability, before acting in a family law case, must, unless subrule (9) applies, file a certificate that he or she knows or believes that

(a) the person to whom the certificate relates is an infant or mentally incompetent person, giving the grounds of that knowledge or belief, and if the person to whom the certificate relates is a mentally incompetent person, that a committee has not been appointed for the person, and

(b) the proposed litigation guardian of the person under disability has no interest in the family law case adverse to that person.

Certificate for a litigation guardian

(9)The lawyer for a person who, under section 35 (1) of the Representation Agreement Act, has a litigation guardian must, before acting in a family law case to which the person is a party, file a certificate certifying that the lawyer knows or believes that

(a) the person has entered into a representation agreement,

(b) the litigation guardian is a representative under that representation agreement and is authorized under section 7 (1) (d) of the Representation Agreement Act in relation to the family law case, and

(c) the litigation guardian has no interest in the family law case adverse to the person.

Party becoming incompetent

(10)If a party to a family law case becomes a mentally incompetent person, the court must appoint a litigation guardian for him or her unless

(a) a committee has been appointed for the party, or

(b) the party has a litigation guardian under section 35 (1) of the Representation Agreement Act.

Removal of litigation guardian

(11)If it is in the interest of a party who is under disability, the court may remove, appoint or substitute a litigation guardian.

Party attaining age of majority

(12)A party to a family law case who attains the age of majority may, if the party is then under no legal disability,

(a) file an affidavit, in Form F84, confirming the attainment of the age of majority, and

(b) serve a copy of the filed affidavit on all parties.

Effect of filing affidavit

(13)After an affidavit is filed under subrule (12) (a),

(a) the party on whose behalf the affidavit was filed assumes conduct of that party's claim or defence in the family law case, and

(b) the style of proceeding must no longer refer to a litigation guardian for that party.

Step in default

(14)A party must not take a step in default against a person under disability without leave of the court.

Service

(15)Unless the court otherwise orders, notice of an application for leave under subrule (14) must be served on the person under disability at least 10 days before the hearing of the application, in the manner provided by Part 6.

Litigation guardian must be appointed

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

Compromise by person under disability

(17)Unless an enactment otherwise provides, if a claim is made by or on behalf of a person under disability, no settlement, compromise, payment or acceptance of money paid into court, whenever entered into or made, so far as it relates to that person's claim, is binding without the approval of the court.

Approval of compromise

(18)If, before a family law case is started, an agreement is reached for the settlement or compromise of a claim of a person under disability, whether alone or with others, and it is desired to obtain the court's approval, application may be made by petition and the court may make any order it considers will further the object of these Supreme Court Family Rules.

Rule 20-4 — Declaratory Relief

Declaratory order

(1)A proceeding is not open to objection on the ground that only a declaratory order is sought, and the court may make binding declarations of right whether or not consequential relief is or could be claimed.

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 family law case, 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 family law case 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. B, s. 24 (a); 112/2012, Sch. B, s. 2 (b).]

Application of order

(2)An order under subrule (1) may apply to one or more of the following:

(a) a family law case generally:

(b) any part of a family law case;

(c) a specific period of time;

(d) one or more particular steps in a family law case.

How to apply

(3)An application under subrule (1) may be made by filing

(a) a requisition in Form F17,

(b) a draft of the proposed order in Form F85, and

(c) an affidavit in Form F86.

[am. B.C. Reg. 95/2011, Sch. B, s. 5.]

Review, variation or rescission of order

(4)On application or on the court's own motion, the court may review, vary or rescind any order made under subrule (1) or (2).

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 by the person to the government under Schedule 1 of Appendix C in relation to

(a) the family law case,

(b) the part of the family law case,

(c) the period of time, or

(d) the steps

to which the order applies.

[am. B.C. Reg. 119/2010, Sch. B, s. 24 (b).]

Part 21 — General

Rule 21-1 — Forms and Documents

Forms

(1)The forms in Appendix A must be used if applicable, with variations as the circumstances of the family law case 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.

Documents

(2)Unless the nature of the document renders it impracticable, every document prepared for use in the court must be in the English language, legibly printed, typewritten, written or reproduced on 8 1/2 inch × 11 inch durable white paper or durable off-white recycled paper.

Transcripts

(3)Transcripts of oral evidence must conform to subrule (2).

Space for stamp

(4)The first page of each document prepared for use in a family law case must contain a blank area extending at least 5 centimetres from the top of the page and at least 5 centimetres from the left edge of the page.

Style of proceeding

(5)A document prepared for use in a family law case must be headed with the style of proceeding set out on the most recent notice of family claim, counterclaim or petition to be filed in that family law case, but in a document, other than an order or a document that starts a family law case, if there is more than one party to the family law case identified as a claimant or as any other classification of party, the style of proceeding may be abbreviated to show the name of the first party listed in that classification, followed by the words "and others".

Rule 21-2 — Time

Computation of time

(1)Unless a contrary intention otherwise appears, if a period of less than 7 days is set out by these Supreme Court Family Rules or in an order of the court, holidays are not counted.

Extending or shortening time

(2)The court may extend or shorten any period of time provided for in these Supreme Court Family Rules or in an order of the court, even though the application for the extension or the order granting the extension is made after the period of time has expired.

Extending or shortening time respecting documents

(3)The period fixed by these Supreme Court Family Rules or an order for serving, filing or amending a pleading or other document may be extended by consent.

Notice of intention to proceed after delay of one year

(4)In a family law case in which judgment has not been pronounced and no step has been taken for one year, a party must not proceed until

(a) the expiration of 28 days after service of notice of that party's intention to proceed in Form F48 on all parties, and

(b) a copy of the notice of intention to proceed and proof of its service has been filed.

Want of prosecution

(5)Despite this rule, a respondent may apply to have a family law case dismissed for want of prosecution without serving a notice of intention to proceed in Form F48.

Attendance

(6)Attendance on an appointment before an official reporter within 1/2 hour following the time fixed for the appointment is a sufficient attendance.

Rule 21-3 — Multiple Claims and Parties

Multiple claims

(1)Without limiting Rule 3-1 (5) but subject to subrule (6) of this rule, a person, whether claiming in the same or different capacities, may join several claims in the same family law case.

Multiple parties

(2)Subject to subrule (6), a family law case may be started by or against 2 or more persons in any of the following circumstances:

(a) if separate family law cases were brought by or against each of those persons, a common question of law or fact would arise in all the family law cases;

(b) a right to relief claimed in the family law cases, whether it is joint, several or alternative, is in respect of or arises out of the same transaction or series of transactions;

(c) the court grants leave to do so.

Joining persons jointly entitled to relief

(3)Subject to any enactment or these Supreme Court Family Rules or unless the court otherwise orders, a claimant or petitioner who claims relief to which any other person is jointly entitled must name as parties to the family law case all persons so entitled, and any of them who do not consent to be named as a claimant or petitioner must be made a respondent.

If persons are jointly liable

(4)If relief is claimed against a person who is jointly liable with some other person, the other person need not be named as a party to the family law case, but if persons may be jointly, but not severally, liable and relief is claimed against some but not all of those persons in a family law case, the court may stay the family law case until the other persons who may be liable are named as parties.

Party need not be interested in all relief

(5)It is not necessary that every person named as a party be interested in all the relief sought in a family law case, but the court may order that a party be compensated for being required to attend, or be relieved from attending, a part of a trial or hearing in which that party has no interest.

Separation

(6)If a joinder of several claims or parties in a family law case may unduly complicate or delay the trial or hearing of the family law case or is otherwise inconvenient, the court may order separate trials or hearings or make any other order it considers will further the object of these Supreme Court Family Rules.

Separating counterclaim

(7)If a counterclaim ought to be disposed of by a separate family law case, the court may so order.

Consolidation

(8)Family law cases may be consolidated at any time by order of the court or may be ordered to be tried at the same time or on the same day.

Consolidation of proceedings with Provincial Court proceedings

(8.1)If, under section 194 (3) (c) of the Family Law Act, one or more Provincial Court proceedings are to be consolidated with one or more Supreme Court proceedings, the court may, in the order for consolidation, make any orders it considers will further one or both of the object of these Supreme Court Family Rules and the object of the Family Law Act, including, without limitation, orders respecting the following:

(a) the amendment, filing and service of pleadings;

(b) any matter in relation to which the court may make an order at a judicial case conference under Rule 7-1 or at a trial management conference under Rule 14-3.

[en. B.C. Reg. 133/2012, Sch. s. 25.]

Misjoinder or nonjoinder of parties

(9)A family law case must not be defeated by reason of the misjoinder or nonjoinder of a party and the court may deal with the matter in controversy so far as it affects the rights and interests of the parties before it.

Rule 21-4 — Change of Lawyer

Change of lawyer

(1)A party to a family law case

(a) may change lawyers,

(b) having acted on his or her own behalf, may engage a lawyer to act, or

(c) having been represented by a lawyer, may discharge the lawyer and act on his or her own behalf,

but until copies of notice of the change in Form F87 or F88 have been filed and served on the other parties, the other parties are entitled to proceed on the basis that there has been no change of representation or address for service.

Order that lawyer has ceased to act

(2)If

(a) a lawyer for a party has died, cannot be found or for any reason is unable to practise, and

(b) the party has not given notice of change of lawyer or of intention to act in person in accordance with subrule (1),

the court, on the application of any other party, may order that the lawyer has ceased to be the lawyer of the first mentioned party.

Order on application of lawyer

(3)If a lawyer who has acted for a party to a family law case has ceased to act and the party has not given a notice of change in accordance with subrule (1), the court, on the application of the lawyer, may declare that the lawyer has ceased to be the lawyer acting for the party and, if applicable,

(a) may declare that the lawyer's office is not the address for service of the party and give directions as to a new address for service, and

(b) may declare that the lawyer's fax number or e-mail address may no longer be used for service and give directions for a new fax number or e-mail address for service.

Notice of intention to withdraw

(4)As an alternative to proceeding under subrule (3), a lawyer who has ceased to act for a party who has not given a notice of change under subrule (1) may serve a notice of intention to withdraw in Form F89 on that party and on the other parties.

Filing of objection

(5)If a party on whom a notice of intention to withdraw is served under subrule (4) wishes to object to the withdrawal, the party must, within 7 days after service,

(a) file in the registry an objection in Form F90, and

(b) serve on the lawyer a copy of the filed objection.

Procedure if no objection filed

(6)A lawyer who serves a notice of intention to withdraw under subrule (4) on all parties to a family law case may file a notice of withdrawal of lawyer in Form F91 if no objection, notice of change of lawyer or notice of intention to act in person is filed within 7 days after service of the notice of intention to withdraw.

Service of notice of withdrawal

(7)If a lawyer files a notice of withdrawal of lawyer under subrule (6), the lawyer ceases to be the party's lawyer when the notice has been served on all parties.

Service of documents after withdrawal

(8)After a lawyer ceases under subrule (7) to be a party's lawyer, the party's address for service is, until that address is changed under Rule 6-1 (3), the address set out in the notice of withdrawal of lawyer filed under subrule (6) of this rule.

Procedure if objection filed

(9)If, within the 7 day period referred to in subrule (6), an objection is filed in the registry, the lawyer may apply, on notice to each party who has filed an objection, for an order under subrule (3).

Substituted service

(10)If personal service of a notice of intention to withdraw cannot be made in accordance with Rule 6-3 (2) on a party for whom the lawyer acts, the lawyer may apply for an order under Rule 6-4 allowing service by an alternative method.

Service of copy of order

(11)An applicant who obtains an order under subrule (2) or (3) must serve a copy of the entered order on all parties and, until it is served, a party is entitled to proceed on the basis that there has been no change of lawyer or address for service.

Rule 21-5 — If Parties Fail to Comply with These Rules

If party does not comply with the rules

(1)If a party does not comply with these Supreme Court Family Rules, the court may do one or more of the following:

(a) if the party who has not complied is a claimant or a respondent who has brought a counterclaim,

(i)   strike out the notice of family claim, counterclaim or petition, and

(ii)   grant judgment dismissing the claims made in the notice of family claim, counterclaim or petition;

(b) if the party who has not complied is a respondent or a respondent to counterclaim, strike out the response to family claim, response to counterclaim or response to petition;

(c) set aside a step taken;

(d) make an order for costs against the party;

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

Non-compliance with rules

(2)Unless the court otherwise orders, a failure to comply with these Supreme Court Family Rules must be treated as an irregularity and does not nullify

(a) a family law case,

(b) a step taken in the family law case, or

(c) any document or order made in the family law case.

[en. B.C. Reg. 119/2010, Sch. B, s. 25.]

Rule 21-6 — If Parties Fail to Attend

Failure of party to attend

(1)Without limiting Rule 21-5, if a party fails to attend at a trial or hearing at the time appointed for that trial or hearing, the court may, after receipt of any evidence of service it considers appropriate, do one or more of the following:

(a) proceed with the trial or hearing;

(b) draw any inference from the failure to attend that the court considers appropriate, including attributing an amount of income to the party;

(c) grant some or all of the relief sought.

Failure of all parties to appear at trial

(2)Unless the court otherwise orders, if no party is in attendance when the trial of a family law case is called, the family law case must be struck off the trial list.

Court may set aside judgment

(3)A party may apply to set aside a judgment obtained at trial in that party's absence.

Rule 21-7 — Contempt of Court

Power of court to punish

(1)The power of the court to punish contempt of court must be exercised by an order of committal or by imposition of a fine or both.

Corporation in contempt

(2)If a corporation wilfully disobeys an order against the corporation, the order may be enforced by one or more of the following:

(a) imposition of a fine on the corporation;

(b) committal of one or more directors or officers of the corporation;

(c) imposition of a fine on one or more directors or officers of the corporation.

Security

(3)Instead of or in addition to making an order of committal or imposing a fine, the court may order a person to give security for the person's good behaviour.

Certain acts as contempt

(4)A person who is guilty of an act or omission described in Rule 14-7 (25), in addition to being subject to any consequences prescribed by those rules, is guilty of contempt of court and subject to the court's power to punish contempt of court.

If person may be guilty of contempt

(5)If the court is of the opinion that a person may be guilty of contempt of court, it may order, by warrant in Form F92 directed to a sheriff or other officer of the court or to a peace officer, that the person be apprehended and brought before the court.

Power of court after apprehension

(6)If a person referred to in subrule (5) is apprehended and brought before the court, the court in a summary manner may adjudge the innocence or guilt of the person and punish the person for the contempt, if any, or may give the directions it thinks fit for the determination of the person's innocence or guilt and punishment.

If corporation may be guilty of contempt

(7)If the court is of the opinion that a corporation may be guilty of contempt of court, it may order, by its warrant in Form F92 directed to a sheriff or other officer of the court or to a peace officer, that any director, officer or employee of the corporation be apprehended and brought before the court.

Power of court after apprehension

(8)If a director, officer or employee referred to in subrule (7) is apprehended and brought before the court, the court in a summary manner may adjudge the innocence or guilt of the corporation and punish the corporation for the contempt, if any, or may give the directions it thinks fit for the determination of its innocence or guilt and the punishment to be imposed.

[am. B.C. Reg. 112/2012, Sch. B, s. 3.]

Release of apprehended person

(9)The court may order the release of a person apprehended under subrule (5) or (7) on receiving an undertaking in Form F93 from that person.

Order for release

(10)A release order under subrule (9) must be in Form F94.

Proceeding for contempt

(11)A party applying for an order for contempt must serve the alleged contemnor with a copy of the filed notice of application and all filed affidavits in support of it at least 7 days before the hearing of the application.

Affidavit

(12)An application under subrule (11) must be supported by affidavit setting out the conduct alleged to be contempt of court.

Hearing

(13)The court may give directions as to the mode of hearing the application, including an order that the matter be transferred to the trial list under Rule 10-3 (7) (d).

Service of order not necessary

(14)If the court is satisfied that a person has actual notice of the terms of an order of the court, it may find the person guilty of contempt for disobedience of the order, even though the order has not been served on the person.

Suspension of punishment

(15)The court at any time may direct that the punishment for contempt be suspended for the period or on the terms or conditions the court may specify.

Discharge of person

(16)The court, on application by or on behalf of a person committed to prison for contempt may discharge that person, even though the period of the committal may not have elapsed.

Weekly review of person in custody

(17)If the court orders a person committed without specifying in days, weeks or months the period of the committal, the sheriff must bring that person before the court at intervals of not more than 7 days, in order that the court may review the committal and determine whether relief as set out in subrule (15) or (16) should be granted.

Part 22 — Court and Registry Matters

Rule 22-1 — Powers of Court

Court may adjourn trial, hearing or conference

(1)Whether or not the parties consent, the court may adjourn a trial, hearing or conference to a specific date or without setting a date.

Waiver or modification

(2)The court may, at any time,

(a) waive or modify a time limit set by these Supreme Court Family Rules or by an order of the court, even after the time limit has expired, and

(b) waive or modify any service or notice requirement under these Supreme Court Family Rules.

Attendance by telephone or other means

(3)A person entitled or required to attend court may attend by telephone, video conference or other communications medium if

(a) the court authorizes attendance in that manner, and

(b) all persons participating, whether by telephone, by video conference, by other communications medium or in person, are able to communicate with each other.

Court may direct how attendance by telephone or other means is to be conducted

(4)If the court considers it appropriate for a person to attend court by telephone, video conference or other communications medium, the court may direct the manner in which the attendance is to be conducted.

Court may refer calculation of child support

(5)If the regional manager has advised the court in writing that a person designated by the Attorney General to provide assistance in the calculation of child support is readily available to the court, the court may, at any time,

(a) refer calculation of child support to that person, and

(b) require that the results of that calculation be reported back to the court.

Security for costs

(6)The court may make an order for security for the costs of a party.

No stay on appeal

(7)If a custody order, a guardianship order, an order respecting parenting arrangements or contact with a child or a support order is appealed, the order remains in force until the determination of the appeal, unless the court that made the order otherwise directs.

[am. B.C. Reg. 133/2012, Sch. s. 26.]

Same judge or master

(8)Whenever practicable and appropriate, the same judge or master is to manage and hear all of the following in a family law case:

(a) applications;

(b) judicial case conferences;

(c) the trial.

Rule 22-2 — Registry Operations

Copy of document filed in registry

(1)Unless otherwise provided by an enactment, a person may, on payment of the proper fees, obtain from the registry a copy of a document on file in a family law case.

When registry open

(2)Except on Saturdays, holidays and those days that are prescribed by the Lieutenant Governor in Council as holidays for the Public Service of British Columbia, the registry is to be kept open to the public for the transaction of business from 9 a.m. until 4 p.m.

Hours of registrar

(3)The hours of attendance by a registrar and the registry staff are from 8:30 a.m. until 4:30 p.m.

Lunch hours

(4)If a registry has insufficient staff to allow continuous staff attendance at the lunch hour, the Chief Justice may, in writing, authorize that registry to close.

Use of seal

(5)In each registry, the seal of the court must be stamped on every

(a) notice of family claim, and

(b) other document requiring a seal

issued from or filed in that registry.

Name of registry

(6)The name of the registry must be written or stamped on the face of every document issued from or filed or recorded in that registry.

Signature of registrar

(7)If the signature or endorsement of a registrar is required on a document, the document is deemed to have been signed or endorsed by the registrar if the document is signed or endorsed by a person appointed for that purpose by the registrar.

Business not to be conducted out of office hours

(8)In case of urgency, the court may order that a registry be opened for the purpose of commencing a proceeding or for some other good reason.

Request to registrar by requisition

(9)Unless these Supreme Court Family Rules provide otherwise, if a person wishes a registrar to perform some act under these Supreme Court Family Rules,

(a) the person must make the request by requisition in Form F17 unless these Supreme Court Family Rules otherwise provide, and

(b) the registrar may discard the requisition after the required act has been done.

Incapacity of judge

(10)If an application ought to be made to, or any jurisdiction ought to be exercised by, the judge by whom a family law case has been tried or partly tried, or heard or partly heard, then, if that judge dies or ceases to be a judge of the court during or after the trial or hearing, or if for any other reason it is impossible or inconvenient for that judge to act in the family law case, the Chief Justice or next senior judge of the court may, either by a special order or by a general order, nominate some other judge to whom the application may be made or by whom the jurisdiction may be exercised.

Powers of substituted judge

(11)Without limiting subrule (10), the other judge nominated under that subrule may

(a) order that the family law case be restored to the proper registry for retrial or rehearing,

(b) if, on the original trial or hearing, evidence was given orally, direct that the retrial or rehearing be on

(i)   an official transcript of that evidence,

(ii)   transcript, evidence given orally and evidence given by affidavit,

(iii)   new evidence, or

(iv)   any other basis,

as in his or her opinion the circumstances of the family law case require, and

(c) dispose of the costs of the original trial or hearing and of the costs of furnishing any copies of the transcript of the evidence, or refer the question of costs to the judge presiding at the retrial or rehearing.

Powers of presiding judge

(12)Directions for a retrial or rehearing that include a direction for the use of the transcript of the evidence do not limit or restrict the power of the judge presiding at the retrial or rehearing to permit in his or her discretion the recalling of any witness called at the original trial or hearing, or to receive other or additional evidence.

Transfers

(13)At any time after a family law case is started, the court may on application order the family law case to be transferred from the registry in which it is being conducted to any other registry of the court for any or all purposes.

Rule 22-3 — Fax Filing

Application

(1)This rule applies only to those family law cases that are filed at the Chilliwack, Cranbrook, Dawson Creek, Kamloops, Kelowna, Nelson, Penticton, Prince George, Rossland, Salmon Arm, Smithers, Terrace, Vernon or Williams Lake registry of the court.

Document may be submitted for filing by fax

(2)Subject to this rule, a person wishing to file a document may transmit that document by fax to the applicable court registry.

Means of transmission

(3)A document may be transmitted by fax to a registry for filing if

(a) the document is transmitted to the appropriate registry at the fax number designated for that registry by a practice direction of the Chief Justice,

(b) the document is

(i)   sent under cover of a fax cover sheet in Form F95, and

(ii)   accompanied by payment of the applicable filing fees, and

(c) the document is not one referred to in subrule (4).

Application of this rule

(4)The following documents may not be transmitted by fax to a registry for filing:

(a) any document pertaining to the following:

(i)   adoption;

(ii)   reciprocal enforcement of orders under the Court Order Enforcement Act;

(b) any of the following documents:

(i)   a certified copy of any document being filed for enforcement purposes;

(ii)   an application record or a petition record;

(iii)   a trial record;

(iv)   a proof of marriage from a foreign jurisdiction;

(v)   a certificate of judgment;

(vi)   a certificate of pending litigation;

(vii)   an affidavit of service submitted for filing in support of a default order;

(c) any of the following documents, unless their submission by fax is authorized by the Manager, Supreme Court Scheduling of the receiving registry:

(i)   a trial certificate;

(ii)   a notice of trial;

(iii)   and (iv) Repealed. [B.C. Reg. 119/2010, Sch. B, s. 26 (b).]

(v)   a requisition to reset a hearing or trial;

(vi)   a requisition requesting a judicial case conference;

(d) a document that, with the fax cover sheet, exceeds 30 pages in length, unless its submission by fax is authorized by a registrar.

[am. B.C. Reg. 119/2010, Sch. B, s. 26.]

When a document is filed

(5)A document that is transmitted by fax to a registry for filing in accordance with subrule (3) and that is approved for filing by the registrar is filed as follows:

(a) the document is filed on the day it is received by the registry if any of the document, other than the fax cover sheet, is received at the fax machine of the registry at or before 4 p.m. on a day on which the registry is open for business;

(b) the document is filed on the next day on which the registry is open for business in any other case.

Confirmation of filing

(6)After a document is received at the fax machine of the registry, a registrar must do the following in accordance with subrule (7):

(a) if the document was transmitted for filing in accordance with subrule (3) and was approved for filing by the registrar, provide to the person identified as the submitting party on the fax cover sheet

(i)   confirmation of the fees paid, and

(ii)   the first page of the filed document, bearing the registry stamp and file number;

(b) if the document was not transmitted for filing in accordance with subrule(3), or was not approved for filing by the registrar, provide to the person identified as the submitting party on the fax cover sheet

(i)   a notice that the document has not been filed and the reasons for non-acceptance, and

(ii)   the first page of the document.

Confirmation of filing

(7)For the purposes of subrule (6), a registrar may provide the documents referred to in that subrule to the person identified as the submitting party on the fax cover sheet

(a) by transmitting those documents by fax to the fax number shown on the fax cover sheet as the fax number for the submitting party, or

(b) in any other manner the registrar considers appropriate.

Original of document may be required by court

(8)The court may require that the original of a document that has been filed under this rule be produced.

Rule 22-4 — Electronic Filing

Definitions

(1)In this rule:

"electronic document" means a document that has been transmitted for filing electronically;

"electronic services agreement" means an agreement referred to in subrule (3);

"registered user" means a person who has entered into an electronic services agreement.

This rule prevails in event of conflict

(2)In the event of a conflict between this rule and another rule, this rule applies.

Electronic services agreement

(3)A person wishing to file documents in a registry under this rule must

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

(b) submit documents for filing in accordance with that agreement.

[am. B.C. Reg. 27/2013, Sch. 2, s. 15.]

Means of transmission

(4)A registered user may electronically transmit a document to a registry for filing if

(a) the document is accompanied by payment of the applicable filing fees, and

(b) the document is not one referred to in subrule (5).

Application of this rule

(5)The following documents may not be transmitted for filing electronically:

(a) any document pertaining to the reciprocal enforcement of orders under the Court Order Enforcement Act;

(b) any of the following documents:

(i)   a certified copy of any document being filed for enforcement purposes;

(ii)   an application record or a petition record;

(iii)   a trial record;

(iv)   a proof of marriage from a foreign jurisdiction, unless such proof is issued electronically;

(v)   a certificate of judgment;

(vi)   a certificate of pending litigation;

(vii)   an affidavit, filed under Rule 14-7 (59), that constitutes the evidence in chief of a witness.

Affidavits and other signed documents

(6)An affidavit or other signed document that is being filed for evidentiary purposes, if submitted for filing electronically, must clearly identify the signatory and must be accompanied by a statement, in Form F96, of the lawyer acting for the person on whose behalf the document is submitted for filing or, if that person is unrepresented, by a statement of that person, in Form F96, indicating that

(a) the original paper version of the document appears to bear an original signature of the person identified as the signatory and the person making the Form F96 statement has no reason to believe that the signature placed on the document is not the signature of the identified signatory, and

(b) the version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and the person making the Form F96 statement has no reason to believe that it is not a true copy of the original paper version.

Retention of documents

(7)A person who, under subrule (6), submits a document for filing in a family law case must

(a) keep the original paper version of the document until the earliest of

(i)   the date on which the family law case, including any appeals, is finally disposed of,

(ii)   the date on which the appeal period for that family law case has expired if no notice of appeal respecting the family law case has been filed within that period, and

(iii)   the date on which a registrar requests that the original paper version be filed, and

(b) if a request is made under paragraph (a) (iii), file the original paper version promptly after that request is made.

Conversion of documents

(8)If a document in paper form is filed with a registrar, the registrar may convert the document into electronic form and, in that event, the registrar must

(a) store the conversion in a computer or in another electronic system that the registrar considers appropriate, and

(b) retain the paper form of the document.

Inspection of original documents

(9)A person who submits a document referred to in subrule (6) for filing electronically must, on request, make the original paper version of that document available for inspection by other parties or their lawyer and by the court.

Requisition

(10)A person who is entitled to inspect a document under subrule (9) may, if that inspection is denied, file a requisition in Form F17 to request that the original paper version of the document be filed, and, promptly after receipt of that requisition, the registrar must make a request under subrule (7) (a) (iii).

Application of Rule 10-4

(11)Rule 10-4 continues to apply to affidavits filed under this rule, but, in the event of a conflict between this rule and Rule 10-4 in respect of those affidavits, this rule prevails.

Electronic authentication deemed a signature

(12)For the purposes of these Supreme Court Family Rules other than subrule (6) of this rule, a document is deemed to have been originally signed if it has been electronically authenticated in the manner contemplated by the applicable electronic services agreement.

Filing of documents

(13)If a document that has been transmitted for filing electronically is accepted for filing by a registrar, the document is deemed to have been filed as follows:

(a) if the document is received by the registry at or before 4 p.m. on a day that is not a Saturday or a holiday, the document is deemed to be filed on the day of receipt;

(b) if the document is received by the registry on a Saturday or holiday or after 4 p.m. on any other day, the document is deemed to be filed on the next day that is not a Saturday or a holiday.

Electronic acceptance

(14)After a document that has been transmitted for filing electronically is accepted for filing by a registrar, the registrar must affix an electronic version of the registry stamp to the document and, after that, must provide a copy of the stamped electronic document, in the manner contemplated by the electronic services agreement, to the person who transmitted the document for filing.

Sealing of notice of family claim

(15)After a registrar provides an electronic acceptance of a notice of family claim under subrule (14), the notice of family claim is deemed to have been sealed by the registrar.

Public access to documents filed electronically

(16)After a document has been filed under this rule, a person who is otherwise entitled to view and obtain a copy of the document may, on payment of the proper fee,

(a) obtain from the registry a paper copy of the document,

(b) if a public access computer terminal is available in the registry, view the document on that terminal or, if the document is not available for viewing on that terminal, view on that terminal the information about the document or its contents, if any, that is available on that terminal, or

(c) if the person is a registered user, access the document in accordance with the terms of the electronic services agreement entered into by that person.

Service of documents

(17)A document that may or must be served on a person may, if it is an electronic document, be served on the person as follows:

(a) if the person has provided an e-mail address for service, by e-mailing it to that person's e-mail address for service;

(b) if the lawyer for the person has provided an e-mail address for service, by e-mailing it to that lawyer's e-mail address for service;

(c) if paragraph (a) or (b) applies and, under these Supreme Court Family Rules, multiple copies of the document are to be served, the serving party need serve only a single electronic copy of the document.

If document does not reach a person

(18)Even though a document has been served in accordance with subrule (17), a person may show, on an application to set aside the consequences of default, on an application for an extension of time or on an application in support of a request for an adjournment, that the document

(a) did not come to the person's notice,

(b) did come to the person's notice later than when it was served or effectively served, or

(c) was incomplete or illegible.

Rule 22-5 — Money in Court

Interpretation

(1)In this rule, unless the context otherwise requires:

"financial institution" means a bank, credit union or trust company designated by the minister;

"funds" means any money that has been paid into or deposited in court, except money paid

(a) under the Court Order Enforcement Act,

(b) for security for costs,

(c) in satisfaction of a claim, or

(d) for bail;

"minister" means the Minister of Finance;

"securities" means any bonds, stocks, shares, debentures or other securities.

Deposit of funds

(2)All funds must be deposited promptly in a financial institution by a registrar and must, after that, be paid by the registrar to the minister, accompanied by

(a) a certified copy of the order directing payment in, or

(b) if the funds have been paid into court without an order, a statement showing the particulars of the payment in.

Deposit of securities

(3)All securities deposited in court must be accompanied

(a) by a certified copy of the order directing deposit in court and listing the securities, or

(b) if the securities are deposited without an order listing the securities, by a statement listing the securities.

Transmission of securities

(4)Promptly after securities are deposited in court, a registrar must transmit those securities to the minister

(a) by registered mail, insured to the extent of the securities' par value, or

(b) through a financial institution,

together with a certified copy of the order or the statement.

Payment out of court

(5)Funds and securities must be paid out or delivered, on authority of an order of the court, on production of a certified copy of the order or authorization by a registrar for payment out, and must be paid or delivered to the person named in the order or authorization.

Interest

(6)All funds held in court draw interest, payable by the minister, for each 6 month period after December 31, 1992, at 2% below the prime lending rate of the banker to the government on January 1 and July 1 respectively in each year, with interest to be compounded on January 1 and July 1 in each year.

No other interest payable

(7)The interest paid under this rule is instead of any interest earned on an investment made by the minister under subrule (10).

Calculation of interest

(8)Interest under subrule (6) is payable on all funds up to $100 000 from the first day of the month following payment into court until the last day of the month before payment out of court, and on all funds in excess of $100 000 from the date of payment into court until the date of payment out.

Account

(9)For the purpose of segregating the funds from other money held by the minister, the minister must create an account in the treasury designated "Investments, Supreme Court Act", and the funds held in this account

(a) constitute a trust, and

(b) must, at all times, be substantially equal to the funds held by the minister under this rule.

Investments

(10)The minister may

(a) invest as he or she sees fit all or any part of the funds, and

(b) convert securities into money.

Direction for payment out

(11)If, by an order of the court, funds are directed to be dealt with, delivered or paid out, the order is a direction to the minister to that effect.

Deposit of other money paid into court

(12)Money paid into court, other than funds, must be deposited by a registrar in a financial institution and be paid out in accordance with the existing practice of the court, but the registrar must pay to the minister all moneys that have been on deposit for more than 2 years.

No interest on other funds

(13)Money paid to the minister under this rule must be held by the minister in the same manner as funds deposited under subrule (2), except as to payment of interest.

Money for person under disability

(14)In a family law case in which a sum of money or a security is awarded to a person under a disability, the court may, at or after the trial, order that the whole or any part of the sum or the security be paid,

(a) if the person is an infant, to the Public Guardian and Trustee in trust for the infant, or

(b) in any other case, into court to the credit of the person.

Payment out of money or security

(15)If a sum of money or a security is paid into court under subrule (14)(b), the sum or the security may be paid out of court as the court may direct.

Payment in for infant

(16)When money is paid into court to the credit of an infant, a copy of the birth certificate of the infant, or other proof to the satisfaction of a registrar of the name and date of birth of the infant, must be filed, unless the registrar dispenses with the filing.

Payment out of money held for infant

(17)In support of an application for payment out of money paid in under subrule (16), the applicant must file a declaration in Form F97.

Rule 22-6 — Sittings and Hearings

Under direction of Chief Justice

(1)The court must dispose of the business before it at the times and in the places the Chief Justice directs.

Urgency

(2)In case of urgency, an application may be made personally to a judge, to a master or to a registrar.

Hearing by communication medium

(3)In case of urgency, or if the court or a registrar considers it appropriate to do so, the court or the registrar, as the case may be, may conduct a hearing and make an order or decision by telephone, video conference or other communication medium.

[en. B.C. Reg. 65/2013, Sch. B, s. 1 (a).]

Video conferencing

(4)On application by a party or on its own initiative, the court may direct

(a) that an application be heard by way of telephone, video conference or other communication medium, and

(b) the manner in which the application is to be conducted.

Application to registrar by communication medium

(4.1)On application by a party or on a registrar's own initiative, a registrar may direct

(a) that a hearing before a registrar be heard by way of telephone, video conference or other communication medium, and

(b) the manner in which the hearing is to be conducted.

[en. B.C. Reg. 65/2013, Sch. B, s. 1 (b).]

Application must be made by requisition

(5)An application under subrule (4) or (4.1) for a direction that an application or a hearing before a registrar be heard by way of telephone, video conference or other communication medium

(a) must be made by requisition in Form F17, and

(b) must be supported by a letter, signed by the person or the person's lawyer, setting out the reasons why the order is sought.

[am. B.C. Reg. 65/2013, Sch. B, s. 1 (c).]

Rule 22-7 — Masters, Registrars and Special Referees

Powers of a master

(1)Without limiting any other powers of a master under these Supreme Court Family Rules, a master hearing an application has the powers of the court set out in Rules 10-3 (2) to (8) and 10-9 (6) to (8).

Master as registrar

(2)A master has the powers and jurisdiction of a registrar under these Supreme Court Family Rules.

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.

Hearing record

(3.1)Before attending a registrar's hearing started by the filing of an appointment, the person taking out the appointment (in this subrule called the "applicant") must provide to the registry where the hearing is to take place, no later than 4 p.m. on the business day that is one full business day before the date set for the hearing, a hearing record as follows:

(a) the hearing record must be in a ring binder or in some other form of secure binding;

(b) the hearing 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 persons served with the appointment (in this subrule called the "respondents");

(ii)   an index;

(iii)   a copy of the filed appointment and of every document that, under these rules, is required to be filed with that appointment;

(iv)   a copy of the affidavit of service of the appointment, which copy must not include the exhibits to the affidavit;

(v)   if the appointment is to settle an order under Rule 15-1, a copy of the reasons for judgment on which the order is based, a transcript of the order made or a copy of the clerk's notes from the hearing;

(vi)   if the appointment is to assess costs under Rule 16-1, a copy of the entered order for costs;

(vii)   if the appointment has been filed under Rule 18-1, a copy of the entered order referring the matter to the registrar;

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

(c) the hearing record may contain

(i)   a draft of the proposed report or certificate, and

(ii)   a list of authorities;

(d) the hearing record must not contain

(i)   written argument,

(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 the applicant and the respondents.

[en. B.C. Reg. 65/2013, Sch. B, s. 2.]

Dealings with hearing record

(3.2)Rule 10-6 (15), (17) and (18) applies to a hearing record and, for that purpose, a reference in Rule 10-6 (15), (17) or (18) to "application record" is a reference to a hearing record and a reference to an "applicant" and an "application respondent" is a reference to the applicant and respondent to the registrar's hearing respectively and a reference to the "hearing of the application" is a reference to the hearing of the registrar's hearing.

[en. B.C. Reg. 65/2013, Sch. B, s. 2.]

Registrar's powers at registrar's hearing

(4)A registrar may, in respect of any registrar's hearing, whether before that registrar or any other registrar,

(a) extend, shorten or limit the time for any step in the registrar's hearing,

(b) exercise the powers that, under Rule 10-3 (2) and (3) or 22-6 (4), may be exercised by the court,

(c) exercise the powers set out in Rule 18-1 (5), and

(d) direct the parties to attend a pre-hearing conference.

[am. B.C. Reg. 112/2012, Sch. B, s. 4.]

Registrar's directions at pre-hearing conference

(5)Without limiting Rule 18-1 (5), a registrar conducting a pre-hearing conference may give directions for the conduct of any registrar's hearing, whether or not that registrar's hearing is before the registrar conducting the pre-hearing conference, including, without limitation, directions respecting the following:

(a) the production of documents;

(b) oral examinations for discovery;

(c) service of notices to admit;

(d) service of experts' reports;

(e) any other matter that may assist in the just and efficient determination of the issues.

Reference by master to judge

(6)If a matter appears to a master to be proper for the decision of a judge, the master may refer it to a judge, and the judge may either dispose of the matter or refer it back to the master with directions.

Reference by registrar to judge or master

(7)If a matter appears to a registrar to be proper for the decision of a judge or master, the registrar may refer it to a judge or master, and the judge or master may either dispose of the matter or refer it back to the registrar with directions.

Appeal from master, registrar or special referee

(8)A person affected by an order or decision of a master, registrar or special referee may appeal the order or the decision to the court.

Form of appeal

(9)The appeal must be made by filing a notice of appeal in Form F98 within 14 days after the order or decision complained of.

Notice

(10)Unless otherwise ordered, there must be at least 3 days between the service of the notice of appeal and the hearing.

Appeal not to act as stay

(11)An appeal from the decision of a master or registrar is not a stay of proceeding unless so ordered by the court or the master.

Rule 22-8 — Searches

Search of files

(1)Unless the court otherwise orders,

(a) no person, other than the following, may search a registry file in respect of a family law case:

(i)   a lawyer, whether or not a lawyer of a party;

(ii)   a party;

(iii)   a person authorized in writing by a party;

(iv)   a person authorized in writing by a party's lawyer, and

(b) no person, other than the following, may search a registry file in respect of a proceeding under the Child, Family and Community Service Act:

(i)   a party's lawyer;

(ii)   a party;

(iii)   a person authorized in writing by a party;

(iv)   a person authorized in writing by a party's lawyer.

Electronic court docket information available

(2)Despite any other power the registrar may have to compile and retain information, the registrar may compile and retain an index, in electronic format or otherwise, that contains the following information respecting proceedings referred to in subrule (1):

(a) the parties as identified in the style of proceeding;

(b) the case file number as set out in the style of proceeding;

(c) the category or type of the proceeding;

(d) the date the proceeding was started.

Access to information

(3)Unless the court otherwise orders, any person may, in respect of a proceeding referred to in subrule(1), have access to the information retained in the registry under subrule (2) about that proceeding.

Limitation

(4)Nothing in this rule requires the registrar to provide access to information in any form or format other than the form and format in which that information is available in the registry at the time that the request for access is made.

Search of exhibits

(5)The exhibits produced at the trial or hearing of a proceeding referred to in subrule (1) must be sealed by the registrar in a secure manner and, unless the court otherwise orders, no person other than a party's lawyer, a party or a person authorized by a party or by a party's lawyer may search the exhibits.

Search of agreements

(6)Unless the court otherwise orders, no person other than a party, a party's lawyer, a person authorized in writing by a party or a person authorized in writing by a party's lawyer may search a separation agreement filed under section 122 of the Family Relations Act.

Part 23 — Transition

Rule 23-1 — Transition

Definitions

(1)In this rule:

"appearance", "counterclaim", "requisition", "statement of claim", "statement of defence", "statement of defence to counterclaim", "statement of defence to third party notice", "third party notice" and "writ of summons" have the same meanings as they had in the former Supreme Court Rules;

"transitional family law case" means a family law case that was started before July 1, 2010.

These rules apply to transitional family law cases

(2)A transitional family law case is deemed to be a family law case started under these Supreme Court Family Rules.

Pleadings deemed to be a notice of family claim

(3)If the person who started a transitional family law case did so by filing a writ of summons or a writ of summons and statement of claim,

(a) the person is deemed to be the claimant in the family law case, and

(b) the writ of summons is, or the writ of summons and statement of claim collectively are, deemed to be the notice of family claim in the family law case.

Requisition deemed to be a notice of family claim

(4)If the person who started a transitional family law case did so by filing a requisition,

(a) the person is deemed to be the claimant in the family law case, and

(b) the requisition is deemed to be the notice of family claim in the family law case.

Petition

(5)If the person who started a transitional family law case did so by filing a petition,

(a) the person is deemed to be the petitioner in the family law case, and

(b) the petition is deemed to be a petition in the family law case.

Appearance and statement of defence deemed to be a response to family claim

(6)If a person filed, in a transitional family law case referred to in subrule (3) or (4), an appearance, with or without a statement of defence,

(a) the person is deemed to be a respondent in the family law case, and

(b) the appearance is, or the appearance and statement of defence collectively are, deemed to be a response to family claim in the family law case.

Appearance deemed to be a response to petition

(7)If a person filed, in a transitional family law case referred to in subrule (5), an appearance,

(a) the person is deemed to be a petition respondent, within the meaning of Rule 17-1, in the family law case, and

(b) the appearance is deemed to be a response to petition in the family law case.

Counterclaim and third party notice deemed to be counterclaim

(8)If a person filed, in a transitional family law case referred to in subrule (3) or (4), a counterclaim or a third party notice,

(a) the person is deemed to be a respondent in the family law case, and

(b) the counterclaim or third party notice is deemed to be a counterclaim in the family law case.

Response to counterclaim

(9)If, in response to a counterclaim or a third party notice, a person filed in a transitional family law case referred to in subrule (3) or (4) an appearance, with or without a statement of defence to counterclaim or a statement of defence to third party notice,

(a) the person is deemed to be a respondent in the transitional family law case, and

(b) the appearance is, the appearance and statement of defence to counterclaim collectively are, or the appearance and statement of defence to third party notice collectively are, deemed to be a response to counterclaim in the transitional family law case.

Unserved writ of summons

(10)Unless the court otherwise orders, if, before July 1, 2010, a person filed a writ of summons, with or without a statement of claim, and that document has not, or those documents have not, been served on a person named as a respondent in the transitional family law case started by that filing, Rule 4-2 applies to the filed document or documents.

Demand for amendment

(11)Subject to subrule (14) of this rule, a party to a family law case referred to in this rule may, by demand in Form F99, demand that a document that is deemed under this rule to be a notice of family claim, response to family claim, counterclaim, response to counterclaim, petition or response to petition be amended by the party who filed it to make it accord with these Supreme Court Family Rules.

Party must amend

(12)If a demand is served under subrule (11), the party on whom the demand is served must, within 21 days after service, amend the deemed notice of family claim, response to family claim, counterclaim, response to counterclaim, petition or response to petition to make it accord with these Supreme Court Family Rules and that amendment does not constitute an amendment for the purposes of Rule 8-1 (1) (a).

Failure to amend

(13)If a demand is served under subrule (11) of this rule and the party on whom the demand is served does not make the amendments required under subrule (12) within the period referred to in that subrule, the demanding party may apply to the court for an order to strike the deemed notice of family claim, response to family claim, counterclaim, response to counterclaim, petition or response to petition of the party on whom the demand is served.

No demand if final relief has been given

(14)A demand must not be served under subrule (11) if final orders have been made in respect of all of the claims in the family law case.

Address for service

(15)For the purposes of Rule 6-1 of these Supreme Court Family Rules, until a new address for service is provided for a party to a family law case referred to in this rule, the party is deemed to have, as an address for service in the family law case, that party's address for delivery under the former Supreme Court Rules.

Step in ongoing proceeding

(16)If a step in a family law case is taken before July 1, 2010, the former Supreme Court Rules apply to any right or obligation arising out of or relating to that step if and to the extent that that right or obligation is to have effect before September 1, 2010.

Trial management conference

(17)If the trial of a transitional family law case is scheduled to begin before October 1, 2010,

(a) a trial management conference may be held in the transitional family law case at any time, or

(b) if a trial management conference was not required to be held in relation to the transitional family law case under the former Supreme Court Rules, the trial may proceed without a trial management conference.

Court may decide

(18)If there is any dispute in relation to the procedure to be applied to or followed in a family law case referred to in this rule, any party may seek directions.

Rule 23-2 —  Family Law Act Transitional Provisions

Transitional references

(1)In these Supreme Court Family Rules, as they relate to a family law case started before March 18, 2013,

(a) a reference to relief referred to in paragraph (a), (b), (c), (d) or (e) of the definition of "family law case" in Rule 1-1 includes reference to relief referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) of the definition of "family law case" in Rule 1-1 as it read before March 18, 2013,

(b) a reference to a claim under the Family Law Act includes reference to a claim under the Family Relations Act,

(c) a reference to a claim or relief under Part 5 of the Family Law Act includes reference to a claim or relief under Part 5 of the Family Relations Act, and

(d) a reference to a claim or relief under Part 6 of the Family Law Act includes reference to a claim or relief under Part 6 of the Family Relations Act.

[en. B.C. Reg. 133/2012, Sch. s. 27.]

Documents filed before March 18, 2013

(2)If a document filed before March 18, 2013 contains one or more claims for relief under the Family Relations Act, the court may, subject to sections 252 and 253 of the Family Law Act, treat the document, as it relates to those claims, as one seeking relief under the Family Law Act and make one or more orders accordingly.

[en. B.C. Reg. 133/2012, Sch. s. 27.]

Reports prepared before March 18, 2013

(3)Rule 13-1 as it read before March 18, 2013 applies to any report under section 15 of the Family Relations Act that was completed before March 18, 2013.

[en. B.C. Reg. 133/2012, Sch. s. 27.]

References to non-final orders in documents filed before March 18, 2013

(4)A reference in a filed pleading or other filed document to a non-final order is deemed to be a reference to an interim order.

[en. B.C. Reg. 133/2012, Sch. s. 27.]

Court may decide

(5)If there is any dispute in relation to the procedure to be applied to or followed in a family law case started before March 18, 2013, any party may seek directions.

[en. B.C. Reg. 133/2012, Sch. s. 27.]

Parental support

(6)If a proceeding started before November 24, 2011 includes a claim for parental support, the provisions of these Supreme Court Family Rules that apply to spousal support claims apply to the claim for parental support.

[en. B.C. Reg. 133/2012, Sch. s. 27.]

Contents  |  Parts 1 to 9  |  Parts 10 to 14  |  Parts 15 to 23  |  Appendix A  |  Appendix B  |  Appendix C