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Rule 56
Contempt of Court

Power of court to punish

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

Corporation in contempt

(2) An order against a corporation wilfully disobeyed may be enforced by one or more of the following:

(a) imposition of a fine upon the corporation;

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

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

Security for good behaviour

(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 2 (5) or 40 (19), 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.

Apprehension of person

(5) Where the court is of the opinion that a person may be guilty of contempt of court, it may order, by warrant in Form 63 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. On the person being 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.

Idem

(6) Where the court is of the opinion that a corporation may be guilty of contempt of court, it may order by its warrant in Form 63 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. On the person being 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.

Proceeding for contempt

(7) A party taking proceedings for contempt shall serve the alleged contemnor with a copy of the notice of motion and all affidavits in support of it at least 7 days before the hearing of the application.

Idem

(8) An application under subrule (7) shall be supported by affidavit setting out the conduct alleged to be contempt of court.

Hearing

(9) 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 52 (11).

Service of order not necessary

(10) Where 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, notwithstanding that the order has not been served on the person.

Suspension of punishment

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

Discharge of person

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

Weekly review of person in custody

(13) Where the court orders a person committed without specifying in days, weeks or months the period of the committal, the sheriff shall 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 (11) or (12) should be granted.

Rule 57
Costs

How costs assessed generally

(1) Where costs are payable to a party under these rules or by order

(a) by another party,

(b) out of a fund of other parties, or

(c) out of a fund in which the party whose costs are being assessed has a common interest with other persons,

they shall be assessed as party and party costs under Appendix B, unless the court orders that they be assessed as special costs.

Costs to be reasonable

(2) On an assessment of party and party costs, the registrar shall allow those fees under Appendix B that were proper or reasonably necessary to conduct the proceeding.

Special costs

(3) Where the court orders that costs be assessed as special costs, the registrar shall allow those fees that the registrar considers were proper or reasonably necessary to conduct the proceeding to which the fees relate, and, in exercising that discretion, the registrar shall consider all of the circumstances, including

(a) the complexity of the proceeding and the difficulty or the novelty of the issues involved,

(b) the skill, specialized knowledge and responsibility required of the solicitor,

(c) the amount involved in the proceeding,

(d) the time reasonably expended in conducting the proceeding,

(e) the conduct of any party that tended to shorten, or to unnecessarily lengthen, the duration of the proceeding,

(f) the importance of the proceeding to the party whose bill is being assessed, and the result obtained, and

(g) the benefit to the party whose bill is being assessed of the services rendered by the solicitor.

Expenses and disbursements

(4) In addition to the fees allowed on an assessment under subrule (1) or (3), the registrar shall allow a reasonable amount for expenses and disbursements that were necessarily or properly incurred in the conduct of the proceeding.

Estate Administration Act

(5) Unless the court on application otherwise orders, where costs are payable for any non-contentious business under Rule 61, those costs

(a) shall be assessed as special costs, and

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

and subrules (3) and (4) apply.

Assessment officer

(6) The officer before whom costs are assessed is the registrar.

Assessment before registrar

(7) Where the court has made an order for costs,

(a) any party may, at any time before the registrar issues the certificate under subrule (32), apply for directions to the judge who made the order for costs,

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

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

Disbursements

(8) On an assessment, the registrar shall allow those costs, charges and disbursements that were necessarily or properly incurred, and where there is a review between a solicitor and the solicitor's own client under the Legal Profession Act, the registrar may allow charges and disbursements that were specifically authorized by the client.

Costs to follow event

(9) Subject to subrule (12), costs of and incidental to a proceeding shall follow the event unless the court otherwise orders.

Costs in cases within small claims jurisdiction

(10) A plaintiff who recovers a sum within the jurisdiction of the Provincial Court under the Small Claims Act is not entitled to costs, other than disbursements, unless the court finds that there was sufficient reason for bringing the proceeding in the Supreme Court and so orders.

Costs where party represented by an employee

(11) A party is not disentitled to costs on the ground only that the lawyer who represented the party is an employee of the party.

Costs of motions

(12) Unless the court hearing a motion otherwise orders,

(a) the party making a motion that is granted is entitled to costs as costs in the cause, but the party opposing it is not entitled to costs as costs in the cause,

(b) the party making a motion that is refused is not entitled to costs as costs in the cause, but the party opposing it is entitled to costs as costs in the cause, and

(c) where a motion made by one party and not opposed by the other is granted, the costs of the motion are costs in the cause.

Lump sum costs of proceeding

(13) With the consent of the parties, the court may fix a lump sum as the costs of the whole proceeding, either inclusive or exclusive of disbursements and expenses.

Costs arising from improper act or omission

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

(a) that any costs arising from 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 part of proceeding

(15) The court may award costs that relate to some particular issue or part of the proceeding or may award costs except so far as they relate to some particular issue or part of the proceeding.

Costs payable from estate or property

(16) Where it is ordered that any costs shall be paid out of an estate or property, the court may direct out of what portion of the estate or property the costs shall be paid.

Set-off of costs

(17) Where a party entitled to receive costs is liable to pay costs to another party, the 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 defendant payable by another

(18) Where the costs of one defendant against a plaintiff ought to be paid by another defendant, the court may order payment to be made by one defendant to the other directly, or the. plaintiff to pay the costs of the successful defendant and allow that defendant to include these costs as a disbursement in the costs payable to that defendant by the unsuccessful defendant.

Unnecessary expense after judgment

(19) Where after pronouncement of judgment a party puts another party to unnecessary proceedings or expense, the registrar may award costs as the registrar thinks proper against the offending party.

Offer to settle by plaintiff

(20) (a) In an action for damages, the plaintiff, at any time before the commencement of the trial, may deliver an offer to settle in Form 64, specifying the claim or part of the claim in respect of which the offer is made and specifying a sum that the plaintiff is willing to accept in satisfaction of it.

(b) An offer to settle may be revoked at any time before a payment into court under subrule (21) or the filing of a consent to judgment under subrule (24) by delivering a revocation in Form 65.

Defendant may pay into court in acceptance

(21) At any time before the trial begins, a defendant to whom an offer to settle is delivered may file a copy of the offer and pay into court the sum or any of the sums specified in the offer and shall forthwith deliver to the plaintiff a notice of payment into court in Form 28, specifying the claim or claims in respect of which payment is made.

Payment in to stay proceeding

(22) Where money has been paid into court under this rule, all further proceedings in respect of the specified claim, or part of the claim, except for recovery of costs, shall be stayed. The plaintiff is entitled, on receiving notice of the payment into court, to obtain payment out of court of the sum paid in by filing a præcipe for that purpose.

Payment out

(23) Where in this rule provision is made for payment out to a party, the money may, with the party's written authorization, be paid to the party's solicitor.

Consent to judgment

(24) Instead of making payment into court under subrule (21), a defendant to whom an offer to settle has been delivered may file and deliver to the plaintiff a consent to judgment in Form 66, specifying the claim or part of claim in respect of which the defendant consents to judgment, which shall entitle the plaintiff forthwith to enter judgment in Form 87 against that defendant in accordance with the consent and for costs.

Effect of offer

(25) Where a defendant fails to pay into court or to file and deliver a consent to judgment under this rule and the plaintiff proceeds and recovers an amount equal to or greater than the amount specified in an offer to settle delivered by the plaintiff, the court may award up to double costs to the plaintiff for the tariff items covering preparation for trial, trial and proceedings after trial other than appeal, as set out in Appendix B, exclusive of disbursements and expenses.

Offer not an admission

(26) The delivery of an offer to settle is not an admission by the plaintiff that the plaintiff's claim is limited to the sum specified.

No communication of offer to court

(27) The fact that an offer to settle has been delivered shall not be stated in the pleadings and shall not be communicated to the court or a jury until all questions of liability and amount of the damages have been decided.

Form of bill of costs

(28) A bill of costs shall be in Form 67.

Appointment to assess costs

(29) A party who wishes to have costs assessed shall file a bill of costs and obtain an appointment from the registrar in Form 24, and, subject to subrule (30), shall, at least 2 days before the assessment, deliver a copy of the appointment and any affidavit in support to the party against whom costs are to be assessed.

Delivery of appointment

(30) Delivery of an appointment for assessment of costs, the bill of costs and an affidavit in support is not necessary where the party against whom costs are to be assessed has not entered an appearance.

Costs to be paid out of fund

(31) Where costs are to be paid or raised out of a fund or property, the registrar, before completing the assessment of the bill of costs, may require a solicitor to deliver or send to any person affected a copy of the bill of costs, accompanied by any statement the registrar may direct and a letter informing the person that the bill of costs has been referred to the registrar for assessment and will be proceeded with at the time and place the registrar has appointed.

Certificate

(32) On the conclusion of an assessment, the registrar shall, either by endorsing the original bill of costs or by issuing a certificate, certify, in Form 68, the amount of costs awarded, and the party assessing costs shall file the certificate.

Appeal

(33) A party who is dissatisfied with a decision of the registrar on an assessment may, within 14 days after the registrar has certified the costs, apply to the court for a review of the assessment, and the court may make an order as it thinks just.

Form of bill in certain cases

(34) A bill for special costs or a bill under the Legal Profession Act may be rendered on a lump sum basis.

Description of services

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

Evidence of solicitor

(36) A party to an assessment or a review of a lump sum bill may put in evidence the opinion of a solicitor as to the nature and importance of the services rendered and of the matter involved and the reasonableness of the charges made, but no party shall put in evidence the opinions of more than 2 solicitors, and a solicitor giving an opinion may be required to attend for examination and cross-examination.

Disallowance of solicitor client costs

(37) Where the court considers that a solicitor for a party 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 solicitor and the solicitor's client or, where those fees or disbursements have been paid, order that the solicitor repay some or all of them to the client;

(b) order that the solicitor 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 solicitor 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 appropriate.

Costs may be ordered without assessment

(38) Where the court makes an order under subrule (37), the court may

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

(b) subject to subrule (41), fix the costs with or without reference to the tariff in Appendix B.

Notice

(39) An order against a solicitor under subrule (37) or (38) shall not be made unless the solicitor is present or has been given notice.

Idem

(40) A solicitor against whom an order under subrule (37) or (38) has been made shall promptly serve a copy of the order on his or her client.

Limitation

(41) An order by the court under subrule (38) (b) in respect of the costs of an interlocutory application shall not exceed $500.

Assessment of costs from fund or estate

(42) On the assessment of costs to be borne by a fund or estate the registrar may direct which parties are to attend before the registrar and may disallow the costs of a party whose attendance the registrar considers unnecessary.

Refusal or neglect to procure assessment

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

Referrals

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

Commencement

(45) This rule applies to all assessments under Appendix B that take place after September 1, 1990 pursuant to an order entitling a party to costs, whether or not that order is made before or after that date, but, for assessments that take place after September 1, 1990 and before March 1, 1991, the maximum amount that is allowable, exclusive of expenses and disbursements, in any proceeding where an order is entered upon a settlement after pleadings are closed or where judgment is obtained after trial or hearing, is $10 000.

Idem

(46) For the purposes of subrule (45), a party becomes entitled to costs

(a) when an order for costs is pronounced, or

(b) where a judgment is silent in the matter of costs, from the time that judgment in the proceeding is entered

whichever date first occurs.

Rule 58
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 and Corporate Relations;

"registrar" means the Registrar or District Registrar of the court into whose registry the funds or securities have been paid or deposited;

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

Deposit of funds

(2) All funds shall be deposited forthwith by the registrar in a financial institution and shall after that be paid by the registrar to the minister, accompanied by a certified copy of the order directing payment in, or, if the funds have been paid into court without an order, with a statement showing the particulars of the payment in.

Deposit of securities

(3) All securities deposited in court shall be accompanied by a certified copy of the order directing deposit in court and listing the securities or, if the securities are deposited without an order listing the securities, by a statement listing the securities.

Idem

(4) The securities shall be transmitted forthwith after deposit by registered mail, insured to the extent of their par value, or through a financial institution, by the registrar to the minister, together with a certified copy of the order or the statement.

Payment out of court

(5) Funds and securities shall 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 the registrar for payment out, and shall be paid or delivered to the person named in the order or authorization.

Interest

(6) All funds held in court shall draw interest, payable by the minister, for each 3 month period after June 30, 1983 at 2% below the prime lending rate of the banker to the Province on September 30, December 31, March 31 and June 30 respectively, in each year, with interest to be compounded on June 30 and December 31 in each year.

Idem

(7) The interest paid under this rule is instead of any interest earned upon 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 shall create an account in the treasury designated "Investments, Supreme Court Act", and the funds held in this account shall constitute a trust, and shall, at all times, be substantially equal to the funds held by the minister under this rule.

Investments

(10) The minister may invest as he or she sees fit all or any part of the funds and convert securities into money.

Direction for payment out

(11) Where, by an order of the court, funds are directed to be dealt with, delivered or paid out, the order shall be a direction to the minister to that effect.

Deposit of other money paid into court

(12) Money paid into court, other than funds, shall be deposited by the registrar in the financial institution and be paid out in accordance with the existing practice of the court, but the registrar shall pay to the minister all moneys on deposit for more than one year.

Idem

(13) Money paid to the minister under this rule shall 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 proceeding 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 shall be paid into court to the credit of the person, and, after the payment into court, the sum or the security may be paid out of court as the court may direct.

Rule 59
Sittings and Hearings

Under direction of Chief Justice

(1) The court shall 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 of the court, to a master or to a registrar.

Urgency or convenience

(3) In case of urgency or convenience, the court, a master or a registrar may hear an application or matter and may make an order or decision by telephone.

Rule 60
Matrimonial Proceedings

Commencement

(1) (a) Unless joined with a divorce proceeding, a matrimonial action shall be commenced by a writ of summons, to which shall be attached the statement of claim.

(b) Except where otherwise provided by enactment or these rules, a matrimonial proceeding, other than a matrimonial action, shall be made by originating application.

Contents of statement of claim

(2) The statement of claim shall include the following particulars:

(a) the place and date of the marriage or alleged marriage;

(b) the addresses and occupations of the parties to the marriage at the date of the issue of the statement of claim;

(c) whether any party to the marriage is an infant or under any other disability and, if so, the age of the party or the nature of the disability;

(d) the name and status of the wife before the marriage;

(e) the status of the husband before the marriage;

(f) the place and date of birth of the parties to the marriage;

(g) the domicile of the parties to the marriage at the date of the marriage and at the date of the issue of the statement of claim;

(h) the ordinary residence of the parties to the marriage for the year immediately preceding the issue of the writ and whether either party has actually resided within British Columbia for at least 10 months of that period;

(i) the matrimonial offences alleged or other grounds on which relief is sought;

(j) subject to subrule (5), the name of every person with whom a matrimonial offence is alleged to have been committed or an allegation that the plaintiff has made all reasonable efforts to ascertain the name and has been unable to do so;

(k) the names and dates of birth of all living children of the marriage;

(1) where a claim is made for custody of any child, particulars of his or her past, present and proposed homes, maintenance and education and the facts on which the claim is founded;

(m) where a claim is made for alimony or maintenance, a statement of the income and property of the respective parties to the marriage so far as they are known to the plaintiff and whether a separation agreement or financial arrangement exists between them;

(n) a statement of all previous proceedings instituted with reference to the marriage or to any child of the marriage and the results of those proceedings.

Amendment of statement of claim

(3) The statement of claim may be amended to add an allegation of a matrimonial offence, whether it is alleged to have occurred before or after the commencement of the action.

Allegation of criminal offence

(4) If the action is based on a matrimonial offence which is a criminal offence for which a defendant has been convicted, the other person who was involved in the offence shall not be named in the statement of claim.

Service

(5) The writ of summons and statement of claim shall be served on each defendant and any person with whom it is alleged that a matrimonial offence has been committed.

Service on infant

(6) Notwithstanding Rule 11(2), service of a writ of summons and statement of claim in a matrimonial action on an infant who has attained the age of 16 years shall be effected by service on the infant.

Service on infant child of marriage

(7) Subject to subrule (6) and unless the court otherwise orders, it is not necessary to serve the writ of summons and statement of claim on any child of the marriage.

Appearance by person named

(8) By entering an appearance and filing and delivering a statement of defence, a person named in a statement of claim may take part in the action as if he or she were a defendant.

Infant acting without guardian ad litem

(9) An infant who has attained the age of 16 years and who is a party to or named in a matrimonial action may act without a guardian ad litem, but if the court considers it is in the interest of the infant or any of his or her children, it may appoint a guardian ad litem.

Interim alimony or maintenance

(10) A plaintiff or defendant may apply at any time for interim alimony or maintenance.

Permanent alimony or maintenance

(11) Permanent alimony or maintenance shall, unless otherwise ordered, commence from the date of judgment.

Security for costs

(12) The court may at any time make an order for the payment of or security for the costs of a plaintiff or defendant.

No judgment except at trial

(13) In an action for nullity of marriage or for judicial separation, no judgment shall be entered on the consent of the parties, or in default of appearance or of pleading, or otherwise than after a trial.

Trial by jury when damages claimed

(14) A matrimonial action shall be heard by the court without a jury; but in a matrimonial action where damages are claimed a party may require a jury trial under Rule 39 (26).

Variance of orders

(15) A plaintiff or defendant may apply at any time to vary or rescind an order concerning alimony, maintenance or custody.

Offer to settle

(16) At any time before the commencement of a trial or hearing, a spouse may deliver an offer in Form 94 to settle a claim for support, maintenance or property made under the Divorce Act, 1985 or the Family Relations Act.

Revocation

(17) An offer may be revoked at any time before the offer is accepted by delivering a revocation in Form 95 to the spouse to whom the offer was made.

Acceptance

(18) An offer may be accepted at any time before the court makes an order disposing of a claim in respect of which the offer is made by delivering notice of acceptance in Form 96 to the spouse who made the offer.

Order

(19) Where an offer is accepted, the court may incorporate any of the terms of the offer into an order and, in exercising its discretion as to costs, the court may take into account the terms of the offer, the date on which the offer was delivered and the date on which notice of acceptance was delivered.

Effect of offer

(20) Where an offer is not accepted, no communication respecting the offer shall be made to the court until the court makes an order disposing of the claim in respect of which the offer has been made, at which time the court, in exercising its discretion as to costs, may take into account the terms of the offer and the date on which the offer was delivered and may award the costs of the trial or hearing to the spouse who made the offer, payable as special costs under Rule 57 (3), or may award up to double costs to the spouse who made the offer for the tariff items covering preparation for trial or hearing, trial or hearing, and proceedings after trial or hearing other than appeal, as set out in Appendix B, exclusive of disbursements and expenses.

No communication of offer to court

(21) Where an offer is revoked, no communication respecting the offer shall be made to the court at any time.

Searching of matrimonial files

(22) Unless the court otherwise orders, no person, other than a solicitor, a party or a person authorized by a party, may search a registry file in respect of a proceeding brought under the Divorce Act, 1985, the Divorce Act or the Family Relations Act.

Filing of agreements under Family Relations Act

(23) A written agreement referred to in section 74.1 of the Family Relations Act may be filed for enforcement where

(a) every party to the agreement has signed a consent in Form 90 before a commissioner, and

(b) an original signed copy of the agreement and the consents required under paragraph (a) are filed with the court.

Searching of filed separation agreements

(24) Unless the court orders otherwise, no person, other than a party to the agreement or the party's solicitor, is entitled to search a separation agreement filed under section 74.1 of the Family Relations Act.

Rule 60A
Family Relations Act and Divorce Proceedings Disclosure

Interpretation

(1) In this rule

"application" means

(a) an application to the court for relief under Part 3 of the Family Relations Act,

(b) a claim under the Divorce Act, 1985 for a support order or a variation order, and

(c) an application for child or spousal maintenance under Part 4 of the Family Relations Act;

"respondent" includes a defendant, and where the claim is raised by counterclaim or counter-petition, includes a plaintiff or petitioner.

Property and Financial Statement

Delivery of property and financial statement by applicant

(2) Where a party makes a claim under the Divorce Act, 1985 for a support order or a variation order or makes an application for child or spousal maintenance under Part 4 of the Family Relations Act, whether or not the claim or application is made in conjunction with an application under Part 3 of the Family Relations Act,

(a) the applicant shall complete both parts of a property and financial statement in Form 89 and deliver it to the respondent within 30 days after service of the originating document, and

(b) the applicant shall attach to the property and financial statement

(i) copies of the applicant's 3 most recent income tax returns, together with attachments, if any,

(ii) a copy of the most recent assessment notice from the B.C. Assessment Authority for any property that he or she owns in whole or in part,

(iii) copies of 3 recent pay slips from his or her employer, and

(iv) if he or she is unemployed and in receipt of benefits under the Unemployment Insurance Act (Canada), copies of the 3 most recent U.I.C. benefit statements.

Delivery of property and financial statement by applicant

(3) Where an application is made only under Part 3 of the Family Relations Act, the applicant shall complete Part 2 of a property and financial statement in Form 89 and deliver it to the respondent within 30 days after service of the originating document or, where there is no address for delivery, mail it to the last known address of the respondent by ordinary mail.

Delivery of property and financial statement by respondent

(4) An applicant may serve a respondent with a notice in Form 91 to deliver a property and financial statement and, whether or not he or she intends to defend the application, the respondent shall, within 30 days after the date of service, deliver to the applicant a completed property and financial statement in Form 89 and shall attach to the statement the documents referred to in subrule (2) (b).

Idem

(5) The notice in Form 91 may be served by the applicant with the originating document or afterwards.

Application to court

(6) If a party who is served with a notice in Form 91 fails to deliver a property and financial statement in accordance with a notice to deliver under subrule (4), the court may, on the application of the party who served the notice, order that the property and financial statement be delivered to the applicant on terms the court considers appropriate.

Trial may proceed

(7) An application may be set down for trial or hearing even though the other party has not delivered a property and financial statement.

Demand for particulars

(8) If a property and financial statement lacks particularity, the other party may demand particulars.

Particulars

(9) If the other party fails to supply the particulars within 7 days after the demand, the court may, on terms it considers appropriate,

(a) order particulars to be delivered within a specified time, or

(b) order that a new property and financial statement be delivered within a specified time.

Sanctions for failure to deliver

(10) If a party fails to comply with an order to deliver a property and financial statement, a new property and financial statement, or particulars, the court may do either or both of the following:

(a) dismiss the application or strike a party's responding document;

(b) make a contempt order against the party in default,

Cross examination

(11) A party may be cross examined on his or her property and financial statement at any time before the trial or hearing, and Rules 27 and 40 (27) and (29) apply to the cross examination.

Material change in circumstances

(12) Where a material change in circumstances renders information in a party's property and financial statement, or particulars, inaccurate or incomplete, the party is under a continuing obligation to deliver a written statement setting out particulars of the accurate or complete information.

Consequences of correcting answers

(13) Where a party provides a statement under subrule (12),

(a) the statement may be treated at a hearing as if it formed part of the original property and financial statement of the party, and

(b) the other party may, with leave of the court, require that the statement be verified by an affidavit of the party, or be the subject of further cross examination.

Current statement

(14) A party who has delivered a property and financial statement shall deliver an updated current statement at least 30 days and not more than 60 days before the commencement of the trial or hearing, but the party may not be cross examined before trial on the updated property and financial statement, unless the court gives leave or the parties agree.

Order for sealing statement

(15) Where the court considers that public disclosure of any information required to be contained in a property and financial statement would be a hardship on the person giving the statement, the court may order that the statement and the transcript of a cross examination on it, shall forthwith be sealed in an envelope, and no person shall search it without an order of the court.

Disclosure of Business Interests

Production of documents

(16) Where a party discloses business or corporate interests in a property and financial statement delivered under this rule, the party receiving the statement may, in writing, request the other to produce for inspection and copying specified documents or classes of documents in the other party's possession or control that might reasonably be required to enable the valuation of the party's interest to be verified.

Responding to demand

(17) A party receiving a request under subrule (16) shall, within 21 days, deliver a notice to the requesting party stating

(a) a time and place, during normal business hours, at which the documents may be inspected, and

(b) the cost of copying the documents.

Request to third parties

(18) If the party who made the request is not satisfied with the response to the request, that party may make a written request to the corporation, partnership or proprietorship in which the other party has disclosed an interest, to produce for inspection all documents that are relevant to the valuation of the interest.

Production required

(19) A corporation, partnership or proprietorship receiving a request under subrule (18) shall,

(a) within 21 days, provide a written statement to the requesting party detailing those documents, in its possession or control, required to be produced pursuant to a request made under subrule (18) and identifying those documents, if any, in respect of which the corporation, partnership or proprietorship intends to seek an exemption under subrule (21),

(b) specify a time and place at which the documents may be inspected, and

(c) specify the cost of copying the documents it is required to produce.

Application to court for directions

(20) A corporation, partnership or proprietorship or any of the parties may apply to the court at any time for directions respecting any request for production of documents under subrule (16) or (18), including directions respecting payment of the costs of reproduction of the documents, and the court may give those directions accordingly.

Application to court for exemption

(21) A corporation, partnership or proprietorship may, within 21 days after the date a request is served on it under subrule (18), apply to the court for an order exempting it from the requirement to produce any document.

Application by person authorized

(22) An application under subrule (20) or (21) shall be made by a person who has been authorized by the corporation, partnership or proprietorship for that purpose.

Court may order exemption

(23) On an exemption application under subrule (21), the court may issue an order exempting the applicant from the requirement to produce all or any documents and information, as the case may be, where the court considers that

(a) documents and information received from the other party are sufficient for the purposes of the main application,

(b) the production of the documents and information is not necessary for the purposes of the main application,

(c) in the case of a corporation, the prejudice likely to be caused to the corporation, or to its directors or shareholders, by refusing to exempt the corporation, outweighs the prejudice likely to be caused to the person requesting the information if the corporation is exempted, or

(d) in the case of a partnership, the prejudice likely to be caused to the partnership, or to its partners or associates by refusing to exempt the partnership, outweighs the prejudice likely to be caused to the person requesting the information.

Confidentiality

(24) Any person who has access to documents obtained under this rule shall keep the documents and any information contained in them in confidence and shall not disclose the information to anyone other than for the purposes of a valuation of the asset or in the course of permitting the documents to be introduced into evidence during the proceeding.

Costs

(25) The costs of production of documents under this subrule and of an application under subrule (20) or (21) are in the discretion of the court and the court may order that the costs may be paid in favour of or against

(a) either of the parties to the proceeding, or

(b) the corporation, partnership or owner of the proprietorship.

Idem

(26) The court may order when any costs awarded under subrule (25) are payable.

Rule 60B
Divorce Rules

Interpretation

(1) In this rule:

"Act" means the Divorce Act, 1985;

"court" means the Supreme Court;

"petition for divorce" includes a counter-petition;

"undefended divorce proceeding" means a divorce proceeding where no answer or answer and counter-petition has been filed, or if filed has been withdrawn, discontinued or struck out, and includes a proceeding where no answer has been filed to a counter-petition, or if filed has been withdrawn or struck out, and the petition for divorce has been discontinued or dismissed.

Application of rules

(2) Subject to this rule,

(a) the Rules of Court,

(b) the forms in Appendix A, and

(c) Appendices B and C,

apply to a proceeding under the Act.

Idem

(3) Without limiting subrule (2), Rules 8, 9, 26 to 29 apply to a proceeding under this rule.

Joinder

(4) Unless the court otherwise orders, no cause of action, other than a claim under the Family Relations Act, may be joined with a divorce proceeding.

Person to be named

(5) Subject to this rule, the name of each person alleged to be involved in the breakdown of a marriage under section 8 (2) (b) (i) of the Act, if known, shall be set out in a petition for divorce.

Idem

(6) Where the name of a person referred to in subrule (5),unknown at the time of issue of a petition for divorce, is subsequently ascertained,

(a) the petition for divorce shall be amended in accordance with subrule (15), and

(b) unless the court otherwise orders, the person named shall be served with a copy of the amended petition for divorce.

Respondent

(7) Only the petitioner's spouse and a person against whom a claim for relief is made in a divorce proceeding, including a claim for costs, shall be made a respondent.

Where criminal offence alleged

(8) Unless the court otherwise orders, where a petition for divorce, or an application in a corollary relief proceeding or a variation proceeding, contains allegations of a criminal offence for which the spouse or party against whom the proceeding is brought has been convicted, no other person involved in the offence shall be made a respondent or named in the petition for divorce or application.

Commencement of divorce proceeding

(9) A divorce proceeding shall be commenced by issuing out of a registry of the court a petition for divorce prepared by the petitioner in Form 97.

Joint petition

(10) Where spouses claim a divorce on the ground that there has been a breakdown of their marriage under section 8 (2) (a) of the Act and no order, except by consent, for any other relief is claimed,

(a) a divorce proceeding may be commenced by both spouses jointly by issuing out of a registry of the court a petition for divorce prepared by them in Form 100, and

(b) the petition for divorce need not be served.

Filing of certificate

(11) Unless the registrar grants leave to file one at some other time during the proceeding, the petitioner shall file a certificate of the marriage or a certified copy of the registration of the marriage, before a petition for divorce is issued.

Exclusion

(12) Subrule (11) does not apply where the registrar is satisfied that a certificate of the marriage or a certified copy of the registration of the marriage cannot be produced, and the reason is stated in the petition.

Sealing of petition

(13) A petition for divorce is issued when it has been sealed by the registrar.

Deposit of petition

(14) The petitioner or the petitioner's solicitor shall leave the original petition for divorce with the registrar, who shall return as many copies of the petition as issued as the petitioner or his or her solicitor requests.

Amendment

(15) Subject to Rules 15 (5) and 31 (5), a petition for divorce may be amended at any time, with leave of the court, and without leave

(a) at any time before service, and

(b) once after service and before answer.

Idem

(16) Subject to subrule (15), a petition for divorce may be amended by adding a further allegation of breakdown of the marriage, whether the act alleged to establish the breakdown of the marriage occurred before or after, or partly before and partly after, the petition for divorce was issued.

Idem

(17) Unless the court otherwise orders,

(a) an amended petition for divorce shall be served and answer may be made to it within the times prescribed by this rule, and

(b) a copy of an order granting leave to amend a petition for divorce shall be served with the amended document.

Security for costs

(18) The court may, at any time after a petition for divorce has been issued, make an order for security for costs in favour of any party to the proceeding.

Service

(19) Unless the court otherwise orders, a petition for divorce shall be served on every respondent and every person named under subrule (5) by leaving a copy of the petition as issued with that person.

Idem

(20) A petition for divorce shall be served by someone other than the petitioner, and may be served by the petitioner's solicitor or a partner or employee of the solicitor.

Idem

(21) After the time for answer has elapsed, service or delivery of any further document on a respondent or person named in a petition for divorce who has not filed an answer shall not be required, unless the court otherwise orders.

Idem

(22) The court may dispense with service of a petition for divorce on a respondent, other than the respondent spouse, or a person named who cannot be found, if no claim is made against that respondent or person or, if made, is abandoned.

Answer

(23) A respondent or other person named in a petition for divorce who wishes to oppose a claim or allegation made in it shall

(a) file an answer in Form 98 or Form 99, and

(b) deliver a copy to the petitioner or the petitioner's solicitor at the address for delivery shown in the petition for divorce.

Idem

(24) A respondent who claims relief against the petitioner, other than dismissal of the divorce proceeding and costs, shall

(a) file and issue an answer and counter-petition in Form 101, and

(b) serve a copy on the petitioner personally or, where the petitioner has a solicitor, deliver a copy to that solicitor.

Idem

(25) Subject to this rule, a respondent who claims relief against the petitioner and any other person not already a party to the divorce proceeding, may join that other person as a respondent to the answer and counter-petition.

Idem

(26) The name of the other person referred to in subrule (25) shall be added to the style of proceeding in the answer and counter-petition and all subsequent documents as "respondent by counter-petition".

Idem

(27) A respondent by counter-petition shall be personally served with a copy of the answer and counter-petition, together with copies of all pleadings previously filed in the divorce proceeding.

Idem

(28) Where a person named in a petition for divorce, not being a respondent, wishes to claim relief,

(a) that person shall apply to be added as a respondent within the time limited to file and issue an answer or an answer and counter-petition, and

(b) the court may fix the time within which that person may issue and serve an answer or answer and counter-petition.

Time for answer

(29) An answer or an answer and counter-petition for divorce shall be filed and served or delivered as required by this rule,

(a) where the petition for divorce is served in British Columbia, within 20 days after service,

(b) where the petition for divorce is served elsewhere in Canada or in one of the continental United States of America, within 40 days after service, or

(c) where the petition for divorce is served anywhere else, within 60 days after service.

Party who is an infant

(30) Subject to subrule (33), an infant who has attained the age of 16 years is competent to conduct or defend a proceeding under this rule without a guardian ad litem, and for all purposes of the proceeding, including any claim or award, shall be deemed to have reached the age of majority.

Idem

(31) Subrule (30) does not apply to an infant, not being the petitioner or the petitioner's spouse, who is made a respondent under subrule (7) or (28).

Idem

(32) If service of a document in a proceeding under this rule is required, it shall be sufficient service on an infant who has attained the age of 16 years if a copy is left with the infant.

Idem

(33) If the court considers it to be in the interests of a party to a proceeding under this rule who is under the age of majority, or of a child of that party, the court may, on application or on its own motion, appoint a guardian ad litem for that party.

Intervention by Attorney General

(34) At any time before a divorce is granted, the Attorney General may apply to the court for leave to intervene for the purpose of showing collusion or fraud, or to bring evidence before the court.

Idem

(35) On granting leave to intervene, the court shall give directions concerning the intervention, including directions respecting the examination and cross-examination of witnesses the court considers just and necessary.

Idem

(36) At any stage of a divorce proceeding, the court may direct a stay of the proceeding for any time that it thinks fit in order that the Attorney General may apply to intervene.

Idem

(37) If the court directs a stay of a proceeding under subrule (36), it shall direct the registrar to notify the Attorney General.

Affidavit of service

(38) Proof of service of a petition for divorce shall be by affidavit in Form 102.

Idem

(39) The affidavit shall show the means by which the deponent identified the person served.

Idem

(40) Proof of service of a petition for divorce on a person who files an answer or an answer and counter-petition is not necessary.

Certificate of pleadings

(41) Before a divorce proceeding is set down for trial, the pleadings, documents and procedures in the proceeding shall be referred to the registrar, who shall

(a) certify that the same are correct and in order,

(b) require any irregularity in the proceeding or the pleadings to be corrected, or

(c) refer any irregularity or question arising from the procedure in the proceeding to the court.

Pending earlier proceedings

(42) A judgment granting a divorce shall not be rendered unless the court is satisfied that no earlier divorce proceeding was instituted and is pending anywhere in Canada.

Evidence in undefended divorce

(43) In an undefended divorce proceeding, the evidence, and any information required to enable the court to comply with sections 10 and 11of the Act, may be presented by affidavit, unless the court otherwise orders.

Application for judgment in undefended divorce

(44) A petitioner may apply for judgment in an undefended divorce proceeding at any time after

(a) the time allowed has expired, and an answer or answer and counter-petition has not been filed and served or delivered as required by this rule,

(b) a divorce proceeding in which an answer or answer and counter- petition has been filed, becomes an undefended divorce proceeding, or

(c) a petition for divorce has been issued under subrule (10)

and the registrar has certified that the pleadings, documents and procedures are correct and in order.

Idem

(45) An application under subrule (44) may be made to the court by filing

(a) a præcipe setting out the order sought,

(b) a draft order,

(c) proof of service of the petition for divorce, where necessary,

(d) the registrar's certificate that the pleadings, documents and procedures are correct and in order,

(e) proof that an answer or answer and counter-petition has not been filed or has been withdrawn, discontinued or struck out,

(f) proof that will enable the court to comply with sections 10 and 11 of the Act, and

(g) proof of the allegations upon which the claim for relief is founded.

Idem

(46) On being satisfied that the application for judgment is appropriate, the court may

(a) make the order or give judgment without an appearance by counsel or the petitioner, or

(b) direct that counsel or the petitioner appear, or that oral or further evidence be presented, and give any directions that it considers necessary.

Hearing of undefended divorce

(47) Where an application for judgment under subrule (44) is not made, an undefended divorce proceeding may be set down for hearing

(a) in the same manner as a divorce proceeding which is not undefended, or

(b) in the manner directed by the Chief Justice,

and the evidence and other information required by the court may be given orally.

Order for divorce

(48) An order for divorce, with or without an order for other relief, shall be substantially in Form 103.

Idem

(49) In a divorce proceeding in which a claim is made for divorce together with one or more other claims, the court may, subject to section 11 (1) of the Act,

(a) grant a divorce and direct that an order for divorce alone be entered and adjourn the hearing of the other claims,

(b) grant a divorce and direct that an order for divorce alone be entered and give judgment on the other claims and direct that a separate order dealing with them be entered, or

(c) give judgment on the other claims and direct that a separate order dealing with them be entered and adjourn the hearing of the divorce proceeding.

Idem

(50) Because the Act does not permit a final order granting corollary relief to be made in the absence of a divorce, subrule (49) (c) does not authorize the court to give final judgment on a claim for support, custody or access.

Idem

(51) Unless the court otherwise orders, the party entering an order for divorce shall forthwith mail a copy as entered to the other party at his or her last known address, or to the other party's solicitor of record.

Idem

(52) Where an order is not entered promptly by the parties entitled to it, the court may direct the registrar to draw and enter the order in which case Rule 41 (8) does not apply.

Patients Property Act

(53) Where an affidavit is required for use in a proceeding under the Act and the proposed deponent is a patient as defined in the Patients Property Act, the affidavit may be sworn by the guardian ad litem of the patient on information and belief.

Corollary relief proceeding

(54) An application to the court for a support order or a custody order by way of a corollary relief proceeding shall be made by originating application.

Variation proceeding

(55) A variation proceeding shall be commenced

(a) where the order sought to be varied was made in a proceeding in the court, by notice of motion in that proceeding, or

(b) where the order sought to be varied was made in any other court, by originating application.

Application by other person

(56) An application by any person, other than a spouse or former spouse, for leave to apply to the court for a custody order, or for an order varying, rescinding or suspending a custody order, shall be made by originating application, and, where leave is granted, the application itself shall be made by originating application.

Interim relief

(57) An application to the court for an interim order may be made at any time after a proceeding claiming a support order or a custody order has been commenced.

Provisional orders made in British Columbia

(58) A variation order made in respect of a support order without notice to and in the absence of the respondent to the variation proceeding, who is ordinarily resident in another province, shall show on its face that it is a provisional order, and it has no legal effect until it is confirmed under section 19 of the Act.

Provisional orders made in another province

(59) The Attorney General shall deliver a provisional order and any documents received from the Attorney General of another province to the district registrar of the registry of the court

(a) in which the support order varied by the provisional order is entered, or

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

Idem

(60) The district registrar to whom the provisional order and documents referred to in subrule (59) are forwarded shall ensure that

(a) the respondent in the variation proceeding is served with a copy of the provisional order and documents, and

(b) the applicant and the respondent in the variation proceeding are served with a notice of the date of a hearing to confirm the provisional order and, notwithstanding Rule 11 (2), service on the applicant may be by ordinary mail addressed to the applicant's last known address.

Registration under section 20 of the Act

(61) Where an order made by another court has legal effect throughout Canada under section 20 (2) of the Act, the order may be registered in the court by filing a certified copy in the Victoria Registry, and it shall be entered as an order of the court without a fee.

Idem

(62) An order registered under subrule (61) is enforceable as if it were an order made by the court.

Enforcement in Provincial Court

(63) A support order made by the court or registered under subrule (61) may be filed with and enforced by the Provincial Court as if it were a maintenance order under the Family Relations Act.

Exchange of orders between provinces

(64) A registrar of the court may, on request, send a certified copy of a support order, a custody order or a variation order to the registrar or other officer of a court, in another province, to a public welfare organization in another province, or to some other person designated by the Attorney General of another province, without a fee.

Order under appeal remains in force

(65) Where an order for custody or support made under the Act is appealed, the court may order that the order be stayed, in whole or in part, pending the outcome of the appeal.

| Rules 1-10 | Rules 11-19 | Rules 20-29  | Rules 30-37 | Rules 38-42 | Rules 42A-55 | Rules 56-60B | Rules 61-64 | Appendices |


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