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

"Point in Time" Regulation Content

Court Rules Act

Court of Appeal Rules

B.C. Reg. 297/2001

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Rule 1 July 1, 2010
Rule 2.1 May 31, 2012
March 18, 2013
April 14, 2014
Rule 7 July 1, 2010
Rule 8 July 1, 2010
Rule 9 July 1, 2010
Rule 20 July 1, 2010
Rule 23 July 1, 2010
Rule 24 July 1, 2010
Rule 25 July 1, 2010
Rule 26.1 July 1, 2010
Rule 31 March 18, 2013
Rule 33 September 9, 2011
Rule 38 July 24, 2015
Rule 39 July 1, 2010
Rule 40 March 18, 2013
January 29, 2016
Rule 47 July 24, 2015
Rule 54 January 29, 2016
Rule 54.1 July 1, 2010
March 18, 2013
May 18, 2018
Rule 56 July 24, 2015
Rule 68 July 1, 2010
Form 1 July 1, 2010
Form 6 September 9, 2011
Form 7 July 1, 2010
March 18, 2013
Form 8 July 1, 2010
Form 9 July 1, 2010
July 24, 2015
January 29, 2016
Form 10 July 1, 2010
May 31, 2012
May 31, 2012
May 31, 2012
Form 11 July 1, 2010
Form 12 July 1, 2010
January 29, 2016
Form 13 January 29, 2016
Form 14 July 1, 2010
Form 19 July 1, 2010
July 24, 2015
Form 21 January 29, 2016
Form 23 July 1, 2010
March 18, 2013
July 24, 2015
Form 24 March 18, 2013
Form 25 March 18, 2013
July 24, 2015
Form 27 March 18, 2013
Form 29 July 1, 2010
Form 33 July 1, 2010
Appendix C July 1, 2010

 Rule 1 definition of "business day" was added by BC Reg 127/2010, effective July 1, 2010.

 Rule 2.1 was enacted by BC Reg 114/2012, effective May 31, 2012.

 Rule 2.1 (c) and (d) BEFORE amended by BC Reg 359/2012, effective March 18, 2013.

(c) an order granting or refusing interim relief under the Family Relations Act;

(d) an order, granting or refusing an investigation into a family matter, made under section 15 of the Family Relations Act;

 Rule 2.1 (a) (vi.1), (b) (viii) and (g) were added by BC Reg 49/2014, effective April 14, 2014.

 Rule 7 (2) BEFORE amended by BC Reg 127/2010, effective July 1, 2010.

(2)  Unless a justice otherwise orders, the appellant must serve the notice of motion and motion book at least 5 days before the date of the hearing of the application.

 Rule 8 (part) BEFORE amended by BC Reg 127/2010, effective July 1, 2010.

 Reply book by respondent

8  At least one business day before the date of the hearing of an application for leave to appeal, each respondent who has been served with a filed copy of the notice of motion and motion book under Rule 7 (1) (c) must

 Rule 9 (4) BEFORE amended by BC Reg 127/2010, effective July 1, 2010.

(4)  Unless a justice otherwise orders, the applicant in an application for a stay of proceedings or a stay of execution referred to in subrule (3) must serve the notice of motion and motion book referred to in subrule (3) (c) at least 5 days before the date of the hearing of the application.

 Rule 9 (5) was added by BC Reg 127/2010, effective July 1, 2010.

 Rule 20 (4) BEFORE repealed by BC Reg 127/2010, effective July 1, 2010.

(4)  Any party may apply to the registrar to settle the contents of the transcript.

 Rule 20 paragraph (g) was added by BC Reg 49/2014, effective April 14, 2014.

 Rule 23 BEFORE re-enacted by BC Reg 127/2010, effective July 1, 2010.

 Factums on cross appeal

23  (1)  If a respondent intends to cross appeal, the respondent's factum

(a) must be in 2 divisions entitled, respectively, "Factum on Appeal" and "Factum on Cross Appeal", and

(b) must not exceed 40 pages in length.

(2)  Within 14 days after being served with a factum referred to in subrule (1), the appellant must

(a) prepare a factum in answer to the cross appeal that

(i)  is entitled "Appellant's Factum in Answer to Cross Appeal", and

(ii)  complies with Rule 22, and with Rule 25, if applicable,

(b) file 4 copies of that answering factum for use by the court plus such additional copies as are required for the purposes of paragraph (c), and

(c) serve one filed copy of the answering factum on each of the other parties.

(3)  The factums on the cross appeal must not unnecessarily repeat matters contained in the factums on the main appeal.

 Rule 24 BEFORE re-enacted by BC Reg 127/2010, effective July 1, 2010.

 Reply if no cross appeal filed

24  Subject to Rule 25, if an appellant wishes to reply to a respondent's factum, the appellant must, within 7 days after being served with the respondent's factum,

(a) prepare a reply in Form 11,

(b) file 4 copies of that reply for use by the court plus such additional copies as are required for the purposes of paragraph (c), and

(c) serve one filed copy of the reply on each of the other parties.

 Rule 25 BEFORE repealed by BC Reg 127/2010, effective July 1, 2010.

 Reply if cross appeal filed

25  If the appellant wishes to reply to the factum of a respondent who has filed a cross appeal, the appellant must include that reply in the factum he or she files under Rule 23 (2).

 Rule 26.1 was added by BC Reg 127/2010, effective July 1, 2010.

 Rule 31 (2) (b) (ii) BEFORE amended by BC Reg 66/2013, effective March 18, 2013.

(ii)  at least 2 days before the hearing of the application, if the application is to be heard by a justice in advance of the appeal.

 Rule 31 (3) BEFORE amended by BC Reg 66/2013, effective March 18, 2013.

(3)  A party wishing to file an affidavit in opposition to an application for leave under this rule must, at least 7 days before the application is set to be heard by the court,

(a) file 4 copies of that affidavit for use by the court plus such additional copies as are required for the purposes of paragraph (b), and

(b) serve one filed copy of the affidavit on each of the other parties.

 Rule 33 (1) (d) BEFORE amended by BC Reg 158/2011, effective September 9, 2011.

(d) serve one filed copy of the notice of motion and supporting material on each of the other parties at least 2 days before the date set for the hearing of the application.

 Rule 33 (1.1) was added by BC Reg 158/2011, effective September 9, 2011.

 Rule 38 BEFORE amended by BC Reg 134/2015, effective July 24, 2015.

Applications for indigent status

38   An applicant for indigent status under Rule 56 must prepare, file and serve, in support of that application, an affidavit in Form 19.

 Rule 39 (4) (e) BEFORE amended by BC Reg 127/2010, effective July 1, 2010.

(e) if the address for service is or includes an e-mail address, in accordance with Rule 54.1 (16).

 Rule 40 (1) (b) BEFORE amended by BC Reg 66/2013, effective March 18, 2013.

(b) file 3 copies of that book of authorities for use by the court plus such additional copies as are required for the purposes of paragraph (c), and

 Rule 40 (4) BEFORE amended by BC Reg 6/2016, effective January 29, 2016.

(4) Subject to subrules (7) to (9), a book of authorities must contain all the authorities referred to in the factums or motion books, as the case may be, filed by the parties on whose behalf the book of authorities is filed and may be printed on both sides of the page.

 Rule 47 (3) (a) BEFORE amended by BC Reg 134/2015, effective July 24, 2015.

(a) in the case of an order of the court on a reserve judgment, be in Form 23,

 Rule 47 (3) (b) BEFORE repealed by BC Reg 134/2015, effective July 24, 2015.

(b) in the case of an oral judgment of the court, be in Form 24,

 Rule 54 (4) BEFORE amended by 6/2016, effective January 29, 2016.

(4) Unless the completion instructions contained in a form that is to be bound otherwise provide, the pages in the form are to be printed only on the right hand side of the page.

 Rule 54.1 BEFORE re-enacted by BC Reg 127/2010, effective July 1, 2010.

 Repealed

54.1  Self-repealed July 2, 2007. [B.C. Reg. 297/2001, s. 54.1 (19).]

 Rule 54.1 (3) (a) BEFORE amended by BC Reg 27/2013, effective March 18, 2013.

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

 Rule 54.1 (3) (a) BEFORE amended by BC Reg 99/2018, May 18, 2018.

(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

 Rule 56 BEFORE re-enacted by BC Reg 134/2015, effective July 24, 2015.

Indigent litigants

56   Despite anything in these rules, no fee is payable to the government by a person to commence, defend or continue an appeal or application if a justice, on application before or after the commencement of the appeal or application, finds that the person is indigent, unless the justice considers that the position being argued by that person

(a) lacks merit,

(b) is scandalous, frivolous or vexatious, or

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

 Rule 68 (3) was added by BC Reg 127/2010, effective July 1, 2010.

 Parts of Form 1 BEFORE amended by BC Reg 127/2010, effective July 1, 2010.

2.If the appeal is from an appeal under Rule 49 or 53 (6) of the Supreme Court Rules, name the maker of the original decision, direction or order:

B.C. Court of Appeal
The Law Courts
800 Smithe Street
Vancouver BC V6Z 2E1

 Part of Form 6 BEFORE amended by BC Reg 158/2011, effective September 9, 2011.

AND TAKE NOTICE THAT in support of the application will be read the affidavit of .........................[name of deponent] sworn on .................................................. [date].

 Parts of Form 7 BEFORE amended by BC Reg 127/2010, effective July 1, 2010.

2.If the appeal is from an appeal under Rule 49 or 53 (6) of the Supreme Court Rules, name the maker of the original decision, direction or order:

B.C. Court of Appeal
The Law Courts
800 Smithe Street
Vancouver BC V6Z 2E1

 Form 7 (part) BEFORE amended by BC Reg 359/2012, effective March 18, 2013.

Family Relations Act

(The Divorce Registry will, as applicable, be notified by the Court of Appeal Registry on filing if the appeal involves divorce, corollary relief in divorce proceeding or matters under the Family Relations Act)

 Part of Form 8 BEFORE amended by BC Reg 127/2010, effective July 1, 2010.

B.C. Court of Appeal
The Law Courts
800 Smithe Street
Vancouver BC V6Z 2E1

 Part of Form 9 BEFORE amended by BC Reg 127/2010, effective July 1, 2010.

The reasons for judgment including the name of the judge and the date of the judgment.

 Form 9, Parts 1 to 4 BEFORE amended by BC Reg 134/2015, effective July 24, 2015.

• Part 1 — PLEADINGS

The most current versions of the pleading that initiated the proceeding under appeal and the responding documents.

• Part 2 — ORDER

A copy of the entered order under appeal, if available, or, if no copy of the entered order is available, a blank page in which the copy of the entered order can be inserted once available. (NOTE that a Certificate of Readiness cannot be filed until the copy of the entered order is included in the Appeal Record).

• Part 3 — JUDGMENT

A copy of the reasons for judgment filed in the court registry, including the name and signature of the judge and the date of the judgment.

• Part 4 — NOTICE OF APPEAL or NOTICE OF APPLICATION FOR LEAVE TO APPEAL and ORDER granting leave

A copy of the document that initiated the appeal and a copy of the entered order granting leave, if available, or, if no copy of the entered order is available, a blank page in which the copy of the entered order can be inserted once available.

 Form 9, Part 5 BEFORE amended by BC Reg 6/2016, effective January 29, 2016.

• Part 5 — NOTICE UNDER THE CONSTITUTIONAL QUESTIONS ACT

A copy of any notice required under this Act.

In addition to the foregoing, the Appeal Record must comply with the following:

(a) >other than the index, each of the pages in the Appeal Record must be printed on the left;

(b) each of the pages must be numbered consecutively, on the upper left hand corner of the page, beginning with the first page of Part 1.

 Part of Form 10 BEFORE amended by BC Reg 127/2010, effective July 1, 2010.

(g) the type must be no smaller than 12 point type;

 Form 10 (part) BEFORE amended by BC Reg 113/2012, effective May 31, 2012.

• CHRONOLOGY OF THE RELEVANT DATES IN THE LITIGATION

 Form 10, item 10 (h) BEFORE repealed by BC Reg 113/2012, effective May 31, 2012.

(h) a loose copy of the chronology must be included.

 Form 10, one line of text between bullet "Chronology of Dates Relevant to the Appeal" and "Opening Statement" was added by BC Reg 113/2012, effective May 31, 2012.

 Form 11 BEFORE re-enacted by BC Reg 127/2010, effective July 1, 2010.

Form 11 (Rule 24 (a) )

Court of Appeal File No. ....................

COURT OF APPEAL

BETWEEN:

Appellant/Respondent
(Plaintiff)

AND:

Appellant/Respondent
(Defendant)

APPELLANT'S REPLY


(Name of appellant)

(Name of respondent)

(Name of appellant's counsel, if any)

(Name of respondent's counsel, if any)

(Address of appellant or, if the appellant is represented, name and address of the appellant's law firm)

(Address of respondent or, if the respondent is represented, name and address of the respondent's law firm)

COMPLETION INSTRUCTIONS

The appellant's reply

(a) must be bound with a buff cover, and

(b) must not exceed 5 pages in length.

In addition to the foregoing, the appellant's reply must comply with the following:

(a) each of the pages in the appellant's reply must be printed on the left;

(b) each of the pages must be numbered consecutively, on the upper left hand corner of the page;

(c) each of the paragraphs must be numbered consecutively;

(d) the lines of the appellant's reply must be spaced at least one and one-half lines apart except for excerpts from an authority or a reproduction of an enactment, which excerpts must be indented and single-spaced;

(e) the margins must be no less than 2.5 cm;

(f) format for the citation of authorities must follow the Directive concerning the Citation of Authorities;

(g) the type must be no smaller than 12 point type.

 Form 12 (part) BEFORE amended by BC Reg 127/2010, effective July 1, 2010.

• Exhibits must be included in the Appeal Books in the order in which they were filed.

• Each page in the Appeal Books must be printed on the left.

• Each page must be numbered consecutively, on the upper left hand corner of the page.

 Form 12 (part) BEFORE amended by BC Reg 6/2016, effective January 29, 2016.

• If practicable, a party's Appeal Book must not include any documents included in another party's Appeal Book.

• Other than the index, which is to be printed on the right hand side of the page, each of the pages must be printed

(a) on the left, or

(b) on both sides of the page.

• Each of the pages must be numbered consecutively on the upper outside corner of each printed side of the page.

 Form 13 (part)BEFORE amended by BC Reg 6/2016, effective January 29, 2016.

In addition to the foregoing,

(a) other than the index, each of the pages in the Transcript Extract Book must be printed only on the left side of the page, and

(b) transcript references must be bound in chronological order and may be bound with or without tabs.

 Form 14 (part) BEFORE amended by BC Reg 127/2010, effective July 1, 2010.

I undertake to pay all hearing fees payable under Appendix C, Schedule 1, Item 6 of the Supreme Court Rules.

 Form 19 (part) BEFORE amended by BC Reg 127/2010, effective July 1, 2010.

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

 Form 19, title BEFORE amended by BC Reg 134/2015, effective July 24, 2015.

AFFIDAVIT IN SUPPORT OF INDIGENT APPLICATION

 Form 19, item 2 BEFORE amended by BC Reg 134/2015, effective July 24, 2015.

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

 Form 19, item 7 BEFORE amended by BC Reg 134/2015, effective July 24, 2015.

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

 Form 19, Exhibit A (part), under heading "ASSETS" BEFORE amended by BC Reg 134/2015, effective July 24, 2015.

[Specify assets and set out their estimated value]

 Form 19, Exhibit A (part), under heading "DEBTS" was added by BC Reg 134/2015, effective July 24, 2015.

 Form 21 (part) BEFORE amended by BC Reg 6/2016, effective January 29, 2016.

If the book of authorities consists of 2 or more volumes, each volume must be labelled with the volume number on its spine number and each of the pages in the book of authorities may be printed on both sides of the page.

 Form 23 (part) BEFORE amended by BC Reg 127/2010, effective July 1, 2010.

AND THIS COURT FURTHER ORDERS that the ...................................[insert name of successful party on the appeal] do recover the costs of the appeal from ...................................[insert name of unsuccessful party] forthwith after assessment.

 Form 23 (part) BEFORE amended by BC Reg 66/2013, effective March 18, 2013.

Vancouver, British Columbia, ..................................[date reserve judgment was released]

THE APPEAL from the judgment/determination of .............................................................................[state name of judge and court/tribunal appealed from] at .........................................[state location of court/tribunal] dated ...................................[insert date of judgment/determination appealed from] coming on for hearing on ................................................[insert date(s) of the hearing in the Court of Appeal], AND ON HEARING .....................................................................[insert name of counsel for the appellant or state "the appellant appearing in person"] and..............................................................[insert name of counsel for the respondent or state "the respondent appearing in person"], AND ON READING the materials filed herein, AND ON JUDGMENT BEING RESERVED TO THIS DATE;

 Form 23 (part) BEFORE amended by BC Reg 134/2015, effective July 24, 2015.

THE APPEAL from the order of .............................................................................[state name of judge and court/tribunal appealed from] at .........................................[state location of court/tribunal] dated ...................................[insert date of order appealed from] coming on for hearing on ................................................[insert date(s) of the hearing in the Court of Appeal], AND ON HEARING .....................................................................[insert name of counsel for the appellant or state "the appellant appearing in person"] and..............................................................[insert name of counsel for the respondent or state "the respondent appearing in person"], AND ON READING the materials filed herein, AND ON JUDGMENT BEING RELEASED ON THIS DATE;

 Form 24 BEFORE repealed by BC Reg 66/2013, effective March 18, 2013.

Form 24 (Rule 47 (3) (b) )

Court of Appeal File No. ....................

COURT OF APPEAL

BETWEEN:

Appellant/Respondent
(Plaintiff)

AND:

Appellant/Respondent
(Defendant)

ORDER

BEFORE:

The Honourable Mr./Madam Justice ..........................................

The Honourable Mr./Madam Justice ..........................................

The Honourable Mr./Madam Justice ..........................................

[Justices' names must be set out in the same order as in the reasons for judgment]

Vancouver [or other location of hearing], British Columbia, ..................................[date of oral judgment]

THE APPEAL from the judgment/determination of ............................................................................[state name of judge and court/tribunal appealed from] at ...........................................[state location of court/tribunal] dated ...........................................[insert date of judgment/determination appealed from] coming on for hearing on ............................................................[insert date(s) of the hearing in the Court of Appeal], AND ON HEARING ................................................................[insert name of counsel for the appellant or state "the appellant appearing in person"] and ...........................................................[insert name of counsel for the respondent or state "the respondent appearing in person"]; AND ON READING the materials filed herein;

THIS COURT ORDERS that (the appeal is dismissed/allowed etc.)

AND THIS COURT FURTHER ORDERS that.....................................................................................................................................................................

AND THIS COURT FURTHER ORDERS that the ..................................[insert name of successful party on the appeal] do recover the costs of the appeal from ..................................[insert name of unsuccessful party] promptly after assessment.

APPROVED AS TO FORM:BY THE COURT

..............................................................................
Counsel for the Appellant

..............................................................................
Deputy Registrar

..............................................................................
Counsel for the Respondent

 Form 25 BEFORE re-enacted by BC Reg 66/2013, effective March 18, 2013.

Form 25 (Rule 47 (3) (c) )

Court of Appeal File No. ....................

COURT OF APPEAL

BETWEEN:

Appellant/Respondent
(Plaintiff)

AND:

Appellant/Respondent
(Defendant)

ORDER OF A JUSTICE

BEFORE THE HONOURABLE MR./MADAM JUSTICE ........................................................................................[insert name of chambers justice]

IN CHAMBERS ON ..........................................................[insert date of chambers hearing]

THE APPLICATION OF ..........................................[appellant/respondent] for ..................................[insert type of application] coming on for hearing this day at .........................................., British Columbia; AND ON HEARING .....................................................................................[insert name of counsel for the appellant or state "the appellant in person"] and ........................................................................[insert name of counsel for the respondent or state "the respondent in person"]; AND ON READING the materials filed herein;

IT IS ORDERED that ............................................................................................................................................................................................................

IT IS FURTHER ORDERED that.........................................................................................................................................................................................

APPROVED AS TO FORM:

..............................................................................
Counsel for the Appellant

..............................................................................
Counsel for the Respondent

 Form 25 (part) BEFORE amended by BC Reg 134/2015, effective July 24, 2015.

THE APPLICATION OF ..........................................[appellant/respondent] for ..................................[insert type of application] coming on for hearing ...............................[insert date of chambers hearing] at.........................................., British Columbia; AND ON HEARING .....................................................................................[insert name of counsel for the appellant or state "the appellant appearing in person"] and ........................................................................[insert name of counsel for the respondent or state "the respondent appearing in person"]; AND ON READING the materials filed herein; AND ON JUDGMENT BEING RELEASED ON THIS DATE;

 Form 27 (part) BEFORE amended by BC Reg 66/2013, effective March 18, 2013.

IT IS FURTHER ORDERED that the certificate of readiness be filed within 180 days of the date of this order, failing which the appeal/application must be returned to the inactive list.

Note: This form of order may only be used if there is no prior order for reinstatement.

 Form 29 2 lines of text were added after "[ ] to settle contents of transcript" by BC Reg 127/2010, effective July 1, 2010.

 Form 33 BEFORE re-enacted by BC Reg 127/2010, effective July 1, 2010.

Form 33 (Rule 54.1 (6) )

Court of Appeal File No. ....................

COURT OF APPEAL

BETWEEN:Appellant/Respondent
(Plaintiff)
AND:Appellant/Respondent
(Defendant)

ELECTRONIC FILING STATEMENT

I, ...............................................................[name].........., am the counsel acting for .............................................................[name].........., the ..................................................................................[indicate party status]............

OR

I, .........[name].................................................................., am the ...........................[indicate party status]........................................................................ and I am not represented by a counsel.

I advise as follows:

1. That a ..........[type of document].......... is being submitted for filing electronically on behalf of the ..........[indicate party status]........ . A copy of the document being submitted for filing electronically is attached.

2. That the original paper version of the document being submitted for filing electronically appears to bear an original signature of the person identified as the signatory and I have no reason to believe that the signature placed on the document is not the signature of the identified signatory.

3. That the version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and I have no reason to believe that it is not a true copy of the original paper version.

Dated at ................................................................................, B.C., ....., 20........ .

.............................................................................................................................
Counsel/Party

 Appendix C was added by BC Reg 127/2010, effective July 1, 2010.