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APPENDICES


Appendix A

Forms


Form 1 (Rule 8 (3) )

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

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

In the Supreme Court of British Columbia

Between

, Plaintiff(s)

and

, Defendant(s)

WRIT OF SUMMONS

(Name and address of each plaintiff)

(Name and address of each defendant)

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith.

To the defendant(s):

TAKE NOTICE that this action has been commenced against you by the plaintiff(s) for the claim&) set out in this writ.

IF YOU INTEND TO DEFEND this action, or if you have a set off or counterclaim which you wish to have taken into account at the trial, YOU MUST GIVE NOTICE of your intention by filing a form entitled "Appearance" in the above registry of this court within the Time for Appearance endorsed hereon and YOU MUST ALSO DELIVER a copy of the "Appearance" to the plaintiffs address for delivery, which is set out in this writ.

YOU OR YOUR SOLICITOR may file the "Appearance". You may obtain a form of "Appearance" at the registry.

IF YOU FAIL to file the "Appearance" within the proper Time for Appearance, JUDGMENT MAY BE TAKEN AGAINST YOU without further notice.

THE ADDRESS OF THE REGISTRY is:

Name and office address of plaintiffs solicitor (if any):

Plaintiff’s address for delivery:

Fax number for delivery:

[Back]

 
The plaintiffs claim is [or set out a statement of claim in Form 13]
Dated ............................. .......................................................................
Plaintiff [or solicitor]

TIME FOR APPEARANCE

Where this writ is served on a person in British Columbia, the time for appearance by that person is 7 days from the service (not including the day of service).

Where this writ is served on a person outside British Columbia, the time for appearance by that person, after service is 21 days in the case of a person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere. The court may shorten the time for appearance on ex parte application.


Form 2 (Rule 10 (2) )

[Style of Proceeding]

PRAECIPE

Required

Dated ......................................................... ............................................................................................
Party [or party’s solicitor]

 


Form 3 (Rule 10 (3) )

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

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

In the Supreme Court of British Columbia

Re [State the person by whom, or the estate, or other entity in respect of which the application is made.]

THIS IS THE PETITION OF:

[Name and address of each petitioner]

Petitioner(s)

PETITION TO THE COURT

Let all persons whose interests may be affected by the order sought TAKE NOTICE:

The petitioner applies to this court for an order that [state the relief sought and the rule or other enactment relied upon].

At the hearing of this petition will be read the affidavit(s) of [state names], copies of which are served herewith.

[Next page]

The facts upon which this petition is based are as follows: [set out briefly the relevant facts in numbered paragraphs].

[Next page]

NOTICE TO PERSON(S) SERVED:

NOTICE TO:

[Name and address of each person to be served]

RESPONDENT(S)

TAKE NOTICE THAT:

IF YOU WISH TO BE HEARD AT THE HEARING OF THE PETITION OR WISH TO BE NOTIFIED OF ANY FURTHER PROCEEDINGS, YOU MUST GIVE NOTICE of your intention by filing a form entitled "Appearance" at the registry within the Time for appearance and YOU MUST ALSO DELIVER a copy of the "Appearance" to the petitioner’s address for delivery, which is set out in this petition.

YOU OR YOUR SOLICITOR may file the "Appearance". You may obtain a form of "Appearance" at the registry.

 

(1) The address of the registry is: (3) The petitioner’s ADDRESS FOR DELIVERY is:
Fax number for delivery:
(2) The name and OFFICE address of the petitioner’s solicitor is: (4) Signature:

..............................................................
petitioner, or solicitor

(5) Date petition is signed:

TIME FOR APPEARANCE

Where this Petition is served on a person in British Columbia, the time for appearance by that person is 7 days from the service (not including the day of service).

Where this writ is served on a person outside British Columbia, the time for appearance by that person, after service is 21 days in the case of a person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere. The court may shorten the time for appearance on ex parte application.

 


Form 4 (Rule 10 (12) )

[Style of Proceeding]

NOTICE OF HEARING OF PETITION

To [person who has appeared]:

TAKE NOTICE that this petition will be heard by the presiding Judge in Chambers at the courthouse

at .........................................................................................................................
on ..........................[Day].........................................................................[Month]...............[Year]
at the hour of ........................................................................................................

Dated ....................................................................... .......................................................................................
Petitioner [or petitioner’s solicitor]

[Indicate whether application will be of a time consuming or contentious nature,
in accordance with Rule 52 (7).
]

 


Form 5 (Rule 11 (12) )

CERTIFICATE OF SERVICE BY SHERIFF

I, ........................................, certify that on the .......... day of ........................................, 19.........., at .................... o—clock in the ....................noon, I left a copy of this document at.................................................. .....................[specify place of service]......................... with:

Dated at ........................................, this .................... day of ........................................, 19... .

...............................................................................
Sheriff or Deputy Sheriff

 


Form 6 (Rule 13 (2) )

ENDORSEMENT ON ORIGINATING PROCESS
FOR SERVICE EX JURIS

The plaintiff claims the right to serve this writ [or as the case may be] on the defendant .................................................................... outside British Columbia on the ground that

[State ground and provision in Rule 13 (1) upon which the plaintiff relies.]

 


Form 7 (Rule 14 (1) )

[Style of Proceeding]

APPEARANCE

Enter an appearance on behalf of

.................................................................................. [Defendant’s name]

.............................................................................................. [Address]

.............................................................................. [Address for delivery]

Fax number for delivery:

Dated .................................................. ..............................................................
  Defendant [or defendant’s solicitor]

NOTICE TO DEFENDANT ENTERING THE APPEARANCE

Rule 21 (5) provides that where a defendant has entered an appearance he or she shall file and deliver his or her statement of defence within 14 days from the time limited for appearance or from the delivery of the statement of claim, whichever is the later.

The statement of claim may be endorsed on the writ of summons or it may be a document separate from the writ of summons.

IF YOU FAIL to file and deliver the statement of defence within the time allowed, JUDGMENT MAY BE TAKEN AGAINST YOU without further notice.

 


Form 8 (Rule 14 (1) )

APPEARANCE

Enter an appearance on behalf of

......................................................................................... [Respondent’s name]

........................................................................................................ [Address]

........................................................................................ [Address for delivery]

Fax number for delivery:

............................................................................................
Respondent [or respondent’s solicitor]


Form 9 (Rule 11(9) )

FAX COVER MEMO

[Style of Proceeding]

To: Name of party

And to: Name and address of party’s solicitor

From: Name and address of sender

Number of pages transmitted including Fax Cover Memo:

Telephone number from which document transmitted:

Name and telephone number of person to contact
in the event of transmission problems:


Form 10 (Rule 16 (1) )

[Style of Proceeding]

NOTICE OF APPOINTMENT OR CHANGE OF SOLICITOR

TAKE NOTICE that ....................[name of new solicitor].................... has been appointed to act as the solicitor for the ....................[plaintiff or defendant as the case may be].................... in place of ..................................................................[name of former solicitor, or, if the party was previously acting personally, omit reference to previous solicitor].

Dated .................................................. .......................................................................
New solicitor

Office address of new solicitor:

Party’s address for delivery:

Fax number for delivery:

 


Form 11 (Rule 16 (1) )

[Style of Proceeding]

NOTICE OF INTENTION TO ACT IN PERSON

TAKE NOTICE that I now intend to act personally in this proceeding in place of..................................................................[name of solicitor].................... .

Dated .................................................. ......................................................................
Party

My address for delivery is:

Fax number for delivery:

 


Form 12 (Rule 16 (1) )

[Style of Proceeding]

NOTICE OF CHANGE OF ADDRESS FOR DELIVERY

TAKE NOTICE that the address for delivery of ........................................................................................................................... is now changed to:

Fax number for delivery:

Dated .................................................. .....................................................................
Party [or party’s solicitor]

 


Form 13 (Rule 20 (1) )

[Style of Proceeding]

STATEMENT OF CLAIM

[Set out allegations of fact in numbered paragraphs]

1. . . .........................................................................................................................................................................................................................................

2. ........................................................................................................................................................................................................................................... .

The plaintiff claims as follows:

(a) ............................................................................................................................................................................................................................................

(b) ....................................................................................................................................................................................................................................... . .

Place of trial . . . ...............................................................................................................................................................................................................................

Dated .................................................. ........................................................................................................
Plaintiff [or plaintiff’s solicitor]

 


Form 14 (Rule 21 (1) )

[Style of Proceeding]

STATEMENT OF DEFENCE

The defendant denies [specify].

The defendant says that [set out grounds of defence].

Wherefore the defendant submits . . .

Dated .................................................. ...............................................................................
Defendant [or defendant’s solicitor]

 


Form 15 (Rule 21 (6) )

[Style of Proceeding]

COUNTERCLAIM

[Set out allegations of fact in numbered paragraphs]

1. . .................................................................................................................................................................................................................................. .

2. . ................................................................................................................................................................................................................................. .

The defendant claims as follows:

(a) . . .................................................................................................................................................................................................................................

(b) . ................................................................................................................................................................................................................................. .

Dated ..................................................  ................................................................................
Defendant [or defendant’s solicitor]

 


Form 16 (Rule 21 (11) )

[Style of Proceeding]

NOTICE TO DEFENDANT BY COUNTERCLAIM

To [name and address of defendant by counterclaim]:

This action has been brought by the plaintiff against the defendant. The plaintiff’s claim against the defendant is set out in the writ and statement of claim, copies of which are attached. The defendant’s defence is set out in his or her statement of defence, a copy of which is also attached.

TAKE NOTICE that the defendant .........................[state name]..... has filed a counterclaim, a copy of which is attached. In that counterclaim a claim is made against you.

IF YOU INTEND TO DEFEND the claim made against you, or if you yourself have a set off or counterclaim which you wish to have taken into account at the trial.

YOU MUST GIVE NOTICE of your intention by filing a form entitled "Appearance" in the registry at the address shown on the writ within the Time for Appearance provided for below, and YOU MUST ALSO DELIVER a copy of the "Appearance" to the address for delivery of the defendant .....[state name]..... which is .............................................

YOU OR YOUR SOLICITOR may file the "Appearance". You may obtain a form of "Appearance" at the registry.

IF YOU FAIL to file the "Appearance" with the time limit JUDGMENT MAY BE TAKEN AGAINST YOU without further notice.

TIME FOR APPEARANCE

Where this notice and counterclaim are served in British Columbia, the time for appearance by that person is 7 days from the service (not including the day of service).

Where this notice and counterclaim are served on a person outside British Columbia, the time for appearance by that person, after service, is 21 days in the case of a person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere. The court may shorten the time for appearance on ex parte application.

Dated .................................................  .....................................................................................
Defendant [or defendant’s solicitor]

Name and office address of defendant’s solicitor:

Defendant’s address for delivery:

 


Form 17 (Rule 22 (1) )

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

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

In the Supreme Court of British Columbia

Between

, Plaintiff(s)

and

, Defendant(s)

and

, Third Party(ies)

THIRD PARTY NOTICE

To [name and address of third party]:

This action has been brought by the plaintiff against the defendant. The plaintiff’s claim against the defendant is set out in the writ of summons [and, where applicable, the statement of claim], a copy of which is attached. The defendant’s defence is set out in his or her statement of defence, a copy of which is also attached.

TAKE NOTICE that the defendant claims against you [state concisely the nature of the claim against the third party].

IF YOU INTEND TO DEFEND this claim against you, YOU MUST GIVE NOTICE of your intention within .......... days after service of this third party notice upon you (not including the day of service) by filing a form entitled "Appearance" in the above registry of this court and YOU MUST ALSO DELIVER a copy of the "Appearance" to the defendant’s address for delivery.

YOU OR YOUR SOLICITOR may file the "Appearance" at the registry. You may obtain a form of "Appearance" at the registry.

IF YOU FAIL to file the "Appearance" within days, JUDGMENT MAY BE TAKEN AGAINST YOU without further notice.

Dated .................................................. ...........................................................................
Defendant [or defendant’s solicitor]

Name and office address of defendant’s solicitor:

Defendant’s address for delivery:

 


Form 18 (Rule 23 (1) )

[Style of Proceeding]

REPLY

In reply to ................................................................................................................................................ [set out reply to the allegations in the statement of defence requiring an answer].

Dated .................................................. .............................................................................
Plaintiff [or plaintiff’s solicitor]

 


Form 19 (Rule 23 (4) )

[Style of Proceeding]

STATEMENT OF DEFENCE TO COUNTERCLAIM

The plaintiff denies [specify].

The plaintiff says that [set out grounds for defence].

Wherefore the plaintiff submits .................................................................................................................................................................................................................

Dated........................................................... ..........................................................................
Plaintiff [or plaintiff’s solicitor]

 


Form 20 (Rule 27 (16) )

[Style of Proceeding]

APPOINTMENT TO EXAMINE FOR DISCOVERY

To [the person to be examined]:

TAKE NOTICE that you are required to attend for your examination for discovery at the time, date, and place set out below. You are required to bring with you all documents in your possession or power relating to the matters in question in this action. Please note the provisions of the Rules of Court reproduced on the back of this appointment.

Time ...................................................................................................

Date .................[Day].............[Month]...............[Year] ...................

Place ...................................................................................................

Dated ........................................................ ...............................................................................
Party [or party’s solicitor]

[Back]

Rules 2 (5) and 56 (4) of the Rules of Court state in part:

"2 (5) Where a person, contrary to these rules and without lawful excuse,

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

then

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

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

56 (4) A person who is guilty of an act or omission described in Rule 2 (5), or Rule 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."

 


Form 21 (Rules 28 (5), 38 (3), 40 (34), 40 (39) )

[Style of Proceeding]

SUBPOENA

To [name and address]:

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

Please note the provisions of the Rules of Court reproduced on the back of this subpoena.

Time ...................................................................................................

Date .................[Day].............[Month]...............[Year] ...................

Place ...................................................................................................

Dated .................................................. ...........................................................................................
Party [or party’s solicitor]

[Back]

Rules 2 (5) and 56 (4) of the Rules of Court state in part:

"2 (5) Where a person, contrary to these rules and without lawful excuse,

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

then

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

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

56 (4) A person who is guilty of an act or omission described in Rule 2 (5), or Rule 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."

 


Form 22 (Rule 29 (1) )

[Style of Proceeding]

INTERROGATORIES

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

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

Dated .................................................. ............................................................................................
Party [or party’s solicitor]

 


Form 23 (Rule 31 (1) )

[Style of Proceeding]

NOTICE TO ADMIT

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

AND TAKE NOTICE that, unless the court otherwise orders, if the party to whom this notice is directed does not deliver a written statement, as provided in Rule 31 (2) within 14 days after delivery of a copy of this notice to him or her, then the truth of the facts and the authenticity of the documents shall be deemed to be admitted.

Dated .................................................. ..............................................................................................................
Party [or party’s solicitor]

The facts, the admission of which is requested are

[Set out facts, using a separate numbered paragraph for each fact requested to be admitted]:

The documents, the authenticity of which admission is requested, are [list documents]:

 


Form 24 (Rules 32 (6), 57 (30) )

[Style of Proceeding]

APPOINTMENT

I appoint:

Time ...................................................................................................

Date .................[Day].............[Month]...............[Year] ...................

Place ...................................................................................................

as the time and place for [set out matter to be dealt with].

Dated ................................................. ...............................................................................................................
Master, Registrar, Special Referee

To [party]

TAKE NOTICE of the above appointment.

Dated .................................................. .......................................................................................................
Party [or party’s solicitor]

This matter will/will not be contentious and the estimated time required is:

Dated .................................................. .......................................................................................................
Party [or party’s solicitor]

 


Form 25 (Rule 32 (16 )

[Style of Proceeding]

NOTICE OF ORDER

To [name and address of each person to be served]:

TAKE NOTICE of the order of the Honourable Mr. Justice
dated the .................. day of ..........................., 19..., a copy of which is attached.

You may apply to court within 28 days after service of this notice upon you to discharge, vary, or add to the order.

Alternatively, you may file a form entitled "Appearance" in the above registry of this court and deliver a copy of the "Appearance" to each of the following addresses for delivery [set out below], following which you are entitled to take part in the proceeding taken under the order.

Dated .................................................. .............................................................................
Party [or party’s solicitor]

Name and address for delivery of each party:

 


Form 26 (Rule 36 (1) )

[Style of Proceeding]

NOTICE OF DISCONTINUANCE

TAKE NOTICE that [where notice of trial has been given, add either "with the consent of all parties of record" or "by leave of the court"] the................................................ ................................................................................................... discontinues this proceeding against .........................................................................................

Dated .................................................. ........................................................................
Party [or party’s solicitor]

[Note: If proceeding is only partially discontinued, modify this form accordingly, indicating which portion of the proceeding is discontinued.]

 


Form 27 (Rule 36 (3) )

[Style of Proceeding]

NOTICE OF WITHDRAWAL

TAKE NOTICE that the defendant ......................................................................................................................................................... withdraws his defence in this action.

Dated .................................................. ..................................................................................
Defendant [or defendant’s solicitor]

[Note: If part only of the defence is withdrawn, modify this form accordingly, indicating which part is withdrawn.]

 


Form 28 (Rules 37 (7), 57 (21) )

[Style of Proceeding]

NOTICE OF PAYMENT IN

TAKE NOTICE that .....[party]..... has paid into court $.......... . This sum of money includes prejudgment interest (if applicable) calculated to .....[date]....., but not costs. [Allocate amount paid in with respect to party for whom and the claim or claims in respect of which the payment is made].

Dated .................................................. .......................................................................
Party [or party’s solicitor]

 


Form 29 (Rule 37 (8) )

[Style of Proceeding]

NOTICE OF ACCEPTANCE OF MONEY PAID IN

TAKE NOTICE that ....[party].... accepts the sum of $.......... paid by .....[party]..... into court in satisfaction of the claim or claims in respect of which it is paid in.

Dated .................................................. ......................................................................................
Party [or party’s solicitor]

 


Form 30 (Rule 37 (29) )

[Style of Proceeding]

DECLARATION

Re Application for Payment out of Infants— Funds

I, .........................................[present name in full]...................., of ........................[address]...................., DO SOLEMNLY DECLARE:

1. That I am the person for whom funds are held in court and I am the same person as ........................................ named in the order of ........................................ made on .............................. .

2. That I attained the full age of 19 years on ..........[date]......... and submitted herewith is a copy of my birth certificate [or] my birth certificate for examination by the registry.

3. That I am entitled to payment of the funds.

4. That my name has been changed from that shown on the original court order. Proof is attached.

And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.

Declared before me at ..........................................................................................................., this .......... day of ..........................................................................., 19... .

............................................................
Signature of applicant
............................................................................
Commissioner for taking affidavits

If cheque is to be mailed to other than above address, state here:

AUTHORIZATION FOR PAYMENT OUT

[To be completed by the registry]

Original name [if changed] .........................................................................................................................................................................................................

Registry ............................................................................................................. Proceeding No...............................................................................................

Date paid into court ............................................................................................. Treasury No. ...............................................................................................

Amount (including accrued interest) $..................................................

Dated .................................................. ...........................................................................................
Signing Officer

 


Form 31 (Rule 38 (6) )

[Style of Proceeding]

ORDER FOR EXAMINATION OF PERSONS
OUTSIDE THE JURISDICTION

BEFORE THE HONOURABLE MR. JUSTICE ) ............day, the ...............
  ) day of ....................,19.... .

THE APPLICATION of ........................................, coming on before me on .............................., and upon hearing ........................................, counsel for the applicant, and ........................................, counsel for ..................................................:

THIS COURT ORDERS that .............................., of .............................., is appointed an examiner for the purpose of taking the examination, cross-examination, and re-examination orally, on oath or affirmation, of .............................., of .............................., and .............................., of ..........[persons to be examined on the part of the (party) ].........., and of any other persons as the solicitors or agents of the parties shall mutually request the examiner in writing to examine, at .............................. in .....[name of the province, state, or county]......:

AND FURTHER ORDERS that the solicitor for the applicant give to the solicitor of each of the other parties .......... days notice in writing of the date on which the solicitor proposes to send this order to the examiner for execution, and that .......... days after delivery of the notice the solicitors for the parties respectively exchange the names of their solicitors or agents at .............................., to whom notice relating to the examination of the persons may be sent:

AND FURTHER ORDERS that .......... days notice (exclusive of Saturday and Sunday) before the examination of any person shall be given by the examiner to the solicitor or agent of each of the parties and to each person to be examined unless the notice is waived:

AND FURTHER ORDERS that the examination be conducted in accordance with the enclosed instructions, with such modifications as may be necessary:

AND FURTHER ORDERS that the depositions, together with any document referred to in them, or certified copy of or extract from the document be sent forthwith by the examiner to the Registrar of the Supreme Court of British Columbia at the courthouse at ........................................, who shall deliver the depositions and documents to the applicants and provide copies to any party on request.

By the Court.

............................................................................
Registrar

 


Form 32 (Rule 38 (6) )

[Style of Proceeding]

INSTRUCTIONS TO EXAMINER

To [name and address]:

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

The party wishing to examine ................................... before you is required to serve [him or her] with a subpoena and tender the proper fees not less than .................... days before the date you fix for the examination.

The witness and any interpreter will be sworn in accordance with the forms of oath set out below.

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

OATH (OR AFFIRMATION) OF WITNESS

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

[Or]

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

INTERPRETER’s OATH

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

Dated .................................................. .................................................................................................
Party [or party’s solicitor]

 


Form 33 (Rule 38 (7) )

[Style of Proceeding]

ORDER FOR ISSUE OF A LETTER OF REQUEST TO
JUDICIAL AUTHORITY OF ANOTHER JURISDICTION

BEFORE THE HONOURABLE MR. JUSTICE ) ............day, the ...............
  ) day of ....................,19.... .

UPON THE APPLICATION of .............................., coming on before me on ...................., and upon hearing .............................., of counsel for the applicant and .............................., of counsel for ..............................:

THIS COURT ORDERS that the attached letter of request be issued:

AND FURTHER ORDERS that the registrar, on receipt of the deposition taken pursuant thereto, shall deliver them to the applicant and provide copies to any party on request.

By the Court.

....................................................................................
Registrar

 


Form 34 (Rule 38 (7) )

[Style of Proceeding]

LETTER OF REQUEST FOR EXAMINATION
OF WITNESS OUT OF JURISDICTION

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

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

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

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

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

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

Dated .................................................. ..........................................................................................................
A Judge of the Supreme Court
of British Columbia

 


Form 35 (Rule 39 (2) )

[Style of Proceeding]

NOTICE OF TRIAL

TAKE NOTICE that the trial of this proceeding has been set down for hearing at the courthouse

at ......................................................................................................................................

on ............................................[Day] .........................................[Month] ................[Year]

at the hour of.....................................................................................................................

Dated .................................................. .......................................................................
Registrar

 


Form 36 (Rule 39 (11) and (14) )

[Style of Proceeding]

CERTIFICATE OF READINESS

I, .......................................... [or solicitor for], the plaintiff [or defendant], certify:

1. It has been agreed by the solicitors of record in this action that not more than .............. is a reasonable time for the hearing of all evidence and argument in this action.

[Or]

1. The solicitors of record in this action are not in agreement as to their estimate of a reasonable time for the hearing of all evidence and argument in this action. The estimates of each solicitor of record are as follows:

2. If the action is settled before trial, I will give the District Registrar prompt notice of the settlement.

3. I will give the District Registrar prompt notice of any proposed adjournment of the trial.

4. I undertake to pay all hearing fees payable under Appendix C, Schedule 1, Item 8.

Dated .................................................. ................................................................................
Party [or party’s solicitor]

 


Form 37 (Rule 39 (19) )

[Style of Proceeding]

TRIAL CERTIFICATE

I, .............................[or solicitor for], the plaintiff [or defendant], certify:

1. I will be ready to proceed on the scheduled trial date ........................[state date trial is scheduled to commence].

2. My current estimate is that the trial will last .................... days.

3. I have

(a) delivered a notice to admit facts under Rule 31 (7),

(b) delivered all expert witness reports, and

(c) completed all examinations for discovery.

Dated .................................................. .............................................................................................
Party [or party’s solicitor]

 


Form 38 (Rule 39 (26) )

[Style of Proceeding]

NOTICE REQUIRING TRIAL BY JURY

TAKE NOTICE that the [party] requires the trial of this proceeding to be by a judge with a jury.

Dated .................................................. ........................................................................
Party [or party’s solicitor]

 


Form 39 (Rule 40 (12) )

[Style of Proceeding]

NOTICE TO PRODUCE

To [other party]:

TAKE NOTICE that [party] requires you to produce at the trial of this action [or at the deposition examination of .............................] all documents in your possession or power relating to the matters in question [and, where applicable, the following physical objects]:

Dated .................................................. ...................................................................................................
Party [or party’s solicitor]

 


Form 40 (Rule 40 (17) )

[Style of Proceeding]

NOTICE OF INTENTION TO CALL
ADVERSE PARTY AS A WITNESS

To [name and address]:

TAKE NOTICE that .....[party]..... requires you to appear at the trial of this action at .....[time]..... on ..........day, the ..... day of .........., 19.... ,at .....[place of trial]..... for the purpose of being called as a witness under Rule 40 (17).

Dated .................................................. ..................................................
Party [or party’s solicitor]

 


Form 41 (Rule 40 (4) )

[Style of Proceeding]

WARRANT

To any Peace Officer:

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

THIS COURT ORDERS you to apprehend and bring him or her forthwith before the court at ........................................................................... and thereafter deal with him or her as directed.

Dated .................................................. ................................................................................
A Judge of the Supreme Court
British Columbia

 


Form 42 (Rule 41 (9) )

[Style of Proceeding]

ORDER

BEFORE THE HONOURABLE MR. JUSTICE ) ............day, the ...............
  ) day of ....................,19.... .

THIS ACTION coming on for trial at ...................., on the ............... day of ..............., 19...., and on hearing ...................., counsel for the plaintiff, and ..................., counsel for the defendant:

AND JUDGMENT being reserved to this date:

THIS COURT ORDERS that

By the Court.

................................................................
Registrar

 


Form 43 (Rule 41 (9) )

[Style of Proceeding]

ORDER

BEFORE THE HONOURABLE MR. JUSTICE ) ............day, the ...............
  ) day of ....................,19.... .

THIS APPLICATION of .............................., coming on for hearing at ...................., on .................................., and on hearing ...................., counsel for ...................., and ..................., counsel for ....................:

THIS COURT ORDERS that

By the Court.

.............................................................................
Registrar

 


Form 44 (Rule 41 (19) )

[Style of Proceeding]

APPOINTMENT TO SETTLE

I APPOINT

Time ...................................................................................................

Date .................[Day].............[Month]...............[Year] ...................

Place ...................................................................................................

as the time and place for the settlement of the terms of the order of .............................., pronounced on the .......... day of ...................., 19..., in this proceeding.

Dated .................................................. ...................................................................................
Registrar

To [party]

TAKE NOTICE of the above appointment.

..................................................
Party [or party’s solicitor]

[Note: Draft order to be attached to this appointment.]

 


Form 45 (Rule 42 (1) )

[Style of Proceeding]

WRIT OF SEIZURE AND SALE

To the Sheriff:

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

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

Dated .................................................. ....................................................................................
Registrar

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

[Back]

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

Amount remaining due and payable on judgment:

Amount of costs remaining due and payable:

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

Costs of party entitled to execution:

Sheriffs costs [to be filled in by Sheriff]:

Total [to be filled in by Sheriff]:

Identity of person entitled to payment of judgment:

 


Form 46 (Rule 42 (2) and (4) )

[Style of Proceeding]

WRIT OF SEQUESTRATION

To the Sheriff:

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

Dated .................................................. .................................................................................
Registrar

 


Form 47 (Rule 42 (3) )

[Style of Proceeding]

WRIT OF POSSESSION

To the Sheriff:

WHEREAS it was on the .......... day of ...................., 19..., ordered that the defendant, .............................. deliver to the plaintiff, ..............................[or the plaintiff, .............................., recover from the defendant, ..............................], possession of [.............................. set out street address, municipality, province, or legal description of land, if available]:

YOU ARE COMMANDED forthwith to enter the land and cause .............................. to have possession of it:

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

Dated .................................................. ..............................................................................
Registrar

 


Form 48 (Rule 42 (4) )

[Style of Proceeding]

WRIT OF DELIVERY

To the Sheriff:

WHEREAS it was, on the .......... day of ...................., 19..., ordered that the defendant, ....................................................................................., deliver to the plaintiff,.........................................................., the following goods [describe the goods]:

YOU ARE COMMANDED forthwith to cause the goods to be delivered to:

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

Dated .................................................. ...............................................................................
Registrar

 


Form 49 (Rule 42 (4) )

[Style of Proceeding]

WRIT OF DELIVERY OR ASSESSED VALUE

To the Sheriff:

WHEREAS it was, on the .......... day of ...................., 19..., ordered that the defendant, .............................., deliver to the plaintiff, .............................., the following goods [describe the goods]:

YOU ARE COMMANDED forthwith to cause the goods to be delivered to:

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

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

Dated .................................................. ..........................................................................................
 Registrar

 


Form 50 (Rule 42 (19) )

[Style of Proceeding]

ACKNOWLEDGMENT OF PAYMENT

I ACKNOWLEDGE PAYMENT of $.................... in full [partial] satisfaction of the judgment dated the .......... day of ...................., 19.... .

Signed this .......... day of....................,19..., in the presence of

.......................................................................................................................................................................................................[Name]

....................................................................................................................................................................................................[Address]

................................................................................................................................................................................................[Occupation]

Dated .................................................. ...............................................................................
Party receiving payment

 


Form 51 (Rule 42 (23) )

[Style of Proceeding]

SUBPOENA TO DEBTOR

To [name and address of person]:

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

YOU ARE REQUIRED TO appear personally at the courthouse at ....................[address].................... at ..........[time].......... on the ....................[date].................... to be examined on oath as to

(a) the income and property of the debtor,

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

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

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

AND TAKE NOTICE that if you fail to attend as required by this subpoena, an application may be made for your arrest and imprisonment WITHOUT ANY FURTHER NOTICE OR ANY DOCUMENT OTHER THAN THIS SUBPOENA BEING GIVEN TO YOU.

Dated .................................................. .....................................................................................
Creditor [or creditor— solicitor]

Address of creditor or creditor’s solicitor:

[Back]

ENDORSEMENT OF AMOUNT AVAILABLE

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

Subtotal$...............
Add Sheriff’s costs of service (to be endorsed by
officer serving at the time of service
)
...............
Total amount payable$...............

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

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

 


Form 52 (Rule 42 (34) )

[Style of Proceeding]

NOTICE OF MOTION FOR COMMITTAL

To [name of person]:

WHEREAS on ....................[date].................... the creditor ....................[name].................... obtained against the debtor ....................[name].................... an order to pay ....................[set out terms of order]...................., and the creditor alleges that the debtor has failed or neglected to make payment in accordance with the order, and that you knew of the order:

TAKE NOTICE that an application will be made by the creditor at the courthouse at ....................[address].................... at ..........[time].......... on the....................[date].................... for an order committing you to prison:

AND TAKE NOTICE that in support of the application will be read . . .

AND TAKE NOTICE that if you fail to attend you may be committed to prison without further notice.

Dated .................................................. .............................................................
Creditor [or creditor’s solicitor]

Address of creditor or creditor’s solicitor:

[Back]

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

Subtotal$..............
Add Sheriffs costs of service (to be endorsed by officer
serving at the time of service
)
...............
Total amount payable$..............

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

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

 


Form 53 (Rule 42 (36) )

[Style of Proceeding]

ORDER OF COMMITTAL

BEFORE THE HONOURABLE MR. JUSTICE ) ............day, the ...............
  ) day of ....................,19.... .

THIS COURT ORDERS that by reason of .....[here set out grounds of committal..... .....[person committed]..... be committed to prison for .......... days:

AND FURTHER ORDERS the sheriff and all peace officers to arrest .....[person to be committed]..... and to bring him or her forthwith before this court at .....[place]..... and, unless otherwise ordered, to deliver him or her to the warden of .....[name of prison]..... .

AND FURTHER ORDERS the warden to receive .....[person to be committed]..... and to keep him or her for .......... days from his or her arrest under this order or until he or she shall be sooner discharged by due process of law.

By the Court.

.................................................
Registrar

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

[Back]

ENDORSEMENT OF AMOUNT PAYABLE

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

 

Subtotal$...............
Add

1. Sheriff’s costs of service (to be endorsed by
officer serving at the time of service
)


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

2. Maintenance money (to be endorsed by
 warden at the time payment is tendered
)

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

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

 


Form 54 (Rule 43 (6) )

[Style of Proceeding]

CERTIFICATE OF RESULT OF SALE

 

Property Sold Name of
Purchaser
Price Amount Received Date of Sale
  Totals ........................ ........................  

I .............................., of .............................., ..........[occupation].........., make oath and say as follows:

1. That I did, in accordance with the provisions of the order of this court dated the .......... day of ...................., 19..., sell by auction [or as the case may be] the property described in the certificate on the day shown in the certificate.

2. That the result of the sale is truly set forth in the certificate.

Sworn, etc. .................................................
Person conducting sale

 


Form 55 (Rule 44 (3) )

[Style of Proceeding]

NOTICE OF MOTION

To [party]:

TAKE NOTICE that an application will be made by ................................ to the presiding judge or master at the courthouse at .............[address].......... at .....[time]..... on the .....[date]..... for an order that ................, pursuant to [specify rule or other enactment relied upon]:

AND TAKE NOTICE that in support of the application will be read . . .

Dated .................................................. ..........................................................
Party [or party’s solicitor]

[Indicate whether application will be of a time consuming or contentious nature,
in accordance with Rule 52 (7).
]

 


Form 56 (Rule 41 (16) )

[Note: Formerly Form 83Al]

[Style of Proceeding]

CONSENT ORDER

The .......... day of ...................., 19.... ..

WHEREAS

(a) all parties have consented to this order, and

(b) no person involved is under any legal disability;

THIS COURT ORDERS that the within proceedings be dismissed without costs [or as the case may be].

.................................................
District Registrar

 


Form 57 (Rule 47 (2) )

[Style of Proceeding]

SECURITY FOR RECEIVER

Date of this guarantee ...............[Day]...............[Month]..............[Year].................

Name and address of receiver .........................[Address]........................................

Name and registered office of surety ..............................[Registered office]...............

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

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

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

1. The receiver and the surety hereby jointly and severally covenant with Her Majesty the Queen in right of British Columbia that the receiver will, from time to time, duly account for what the receiver has already received since the date of the order appointing the receiver and shall hereafter receive or for what since the date of the order the receiver has or shall hereafter become liable to pay or account for as receiver [and manager] and will pay every sum of money and deliver every property that the court may direct.

2. If the receiver shall not, for every successive 12 months computed from the date of the receiver’s appointment, pay at the office of the surety the annual premium noted above, then the surety shall be at liberty to apply to be relieved from all further liability under this guarantee, except in respect of any damage or loss occasioned by any act or default of the receiver in relation to the receiver’s duties as receiver [and manager] prior to the hearing and determination of the application.

3. A statement under the hand of the registrar of the amount which the receiver is liable to pay and has not paid under paragraph 1 and that the loss or damage has been incurred through the act or default of the receiver shall be conclusive evidence in any action by Her Majesty against the receiver and surety, or either of them, or by the surety against the receiver, of the truth of the contents of the statement and shall constitute a binding charge not only against the receiver and the receiver’s personal representatives, but also against the surety and its funds and property without it being necessary for Her Majesty to take any proceedings against the surety and the surety’s funds and property and without it being necessary for Her Majesty to take any proceedings against the receiver for the recovery thereof and without any further or other proof being given in that behalf in any action to enforce this guarantee.

4. The liability of the surety under this guarantee is limited to the sum noted above, provided that the registrar may give his or her approval in writing to the reduction of the liability of the surety, in which event the surety’s maximum liability with respect to any acts or omissions of the receiver subsequent to the date of the approval is reduced accordingly and provided further that an endorsement executed by the surety increasing the liability of the surety shall be binding on the surety with respect to any acts or omissions of the receiver subsequent to the date of that endorsement.

5. The receiver will, on being discharged from office or on ceasing to act as receiver [and manager], forthwith give written notice thereof to the surety, and also within 7 days of the notice give the surety a copy of any order discharging the receiver.

6. The receiver and the receiver’s personal representatives will at all times hereafter indemnify the surety against all loss, damage, costs, and expenses which the surety sustains by reason of the surety having executed this guarantee.

In witness whereof, the receiver has hereunder set his or her hand and seal and the surety has caused its common seal to be affixed the .......... day of .................., 19... .

Surety ...........................[Seal]

Receiver ..........................[Seal]

Dated .................................................. Approved ..................................................
  Registrar

ENDORSEMENT TO GUARANTEE NO.

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

Surety ...........................[Seal]

 


Form 58 (Rule 47 (2) )

[Style of Proceeding]

SECURITY OF RECEIVER BY UNDERTAKING

I, .............................., of .............................., in the .............................. of .............................., the receiver [and manager] appointed by order made the .......... day of ...................., 19..., by the Honourable Mr. Justice ................................... in this proceeding, hereby undertake to the court duly to account for all money and property received by me as receiver [and manager] or for which I may be held liable, and to pay the balance from time to time found due from me and to deliver any property received by me as receiver [and manager] at such times and in such manner as the court directs.

Dated .................................................. .........................................................................
Receiver [Manager]

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

Dated .................................................. ............................................................
Surety

...............................................................
Surety

Approved ......................................................................
  Registrar

 

 

ENDORSEMENT TO SECURITY

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

Dated ................................................. .......................................................................
Surety

 


Form 59 (Rule 49 (2) )

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

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

In the Supreme Court of British Columbia

Between

Appellant

and

Respondent [person or body appealed from]

NOTICE OF APPEAL

WHEREAS on the .......... day of ....................,19..., ....................[state name of person or body from whose decision appeal is brought].................... made the following decision [or direction or order as the case may be]:   [state concisely the decision, direction, or order]:

AND WHEREAS an appeal lies to this court [or a judge of this court as the case may be] pursuant to...................[set out section of enactment allowing appeal]....................:

TAKE NOTICE that ....................[name and address of appellant].................... hereby appeals from the decision [direction or order] on the following grounds [set out concisely grounds of appeal]:

AND TAKE NOTICE that on ..........day, the .......... day of ....................,19..., at the courthouse at ....................[place].................... an application will be made to the presiding judge in chambers at ..........[time].......... for directions as to the conduct of the appeal [or as the case may be].

The appellant’s address for delivery of documents is:

Fax number for delivery:

Dated .................................................. ..........................................................................
Party [or party’s solicitor]

To [the person or body appealed from]

And to [all other persons who may be affected]

 


Form 60 (Rule 51 (5) )

[Style of Proceeding]

ENDORSEMENT OF INTERPRETER

I, ..... [name, address, and occupation]......, certify:

1. That I have a knowledge of the English and ...................................... languages and I am competent to interpret from one to the other.

2. That I am advised by the deponent and verily believe that the deponent understands the ........................... language.

3. That before the affidavit on which this endorsement is made was sworn by the deponent I correctly interpreted it for the deponent from the English language into the .................... language and the deponent appeared to fully understand the contents.

Dated ..................................................

...................................................................
Interpreter

 


Form 61 (Rule 53 (5) )

[Style of Proceeding]

NOTICE OF APPEAL FROM MASTER OR REGISTRAR

WHEREAS on the .......... day of ...................., 19..., ..........[identify registrar].......... made the following decision [or order]....................[state concisely the decision or order]....................:

TAKE NOTICE that [the plaintiff or as the case may be] appeals from that decision [or order] on the following grounds ..........[set out concisely the grounds of appeal]..........:

This appeal will be heard at..........[time].......... on ..........[date].......... at the courthouse at .............................. by the presiding judge in chambers.

Dated .................................................. ............................................................
Party [or party’s solicitor]

 


Form 62 (Rule 54 (5) )

[Style of Proceeding]

ORDER GRANTING LEAVE TO REGISTER FOREIGN JUDGMENT

(Court Order Enforcement Act, Part 2)

BEFORE THE HONOURABLE MR. JUSTICE ) ............day, the ...............
  ) day of ....................,19.... .

UPON THE APPLICATION of ....................................... coming on before me on ..................................... and upon hearing ................................, counsel for the applicant, and ...................................................., counsel for ..................................................................

THIS COURT ORDERS that the judgment dated the .......... day of ....................,19..., of ............[name of court]............ whereby it was adjudged that ............[name and address of judgment creditor............] recover from ............[judgment debtor]............ the sum of $............ for debt [or as the case may be] and $............ for costs, be registered in this court.

[Add if order obtained ex parte.]

THIS COURT FURTHER ORDERS that the .......[judgment debtor]........ may apply to set aside the registration within one month after he or she has notice of it.

By the Court.

..............................................................
Registrar

 


Form 63 (Rules 56 (5), 56 (6) )

In the Supreme Court of British Columbia

WARRANT

To any Peace Officer:

WHEREAS this court is of the opinion that .......... [name and address of person or corporation].......... may be guilty of contempt of court:

YOU are hereby ordered to apprehend ..........[name and address of person or director, officer, or employee of corporation].......... and bring him or her forthwith before the court at the courthouse at ........................., and thereafter deal with him or her as directed.

Dated at .............................. the .......... day of....................,19... .

...........................................................................
A Judge of the Supreme Court
of British Columbia

 


Form 64 (Rule 57 (20) )

[Style of Proceeding]

OFFER TO SETTLE

TAKE NOTICE that the plaintiff .............................. offers to accept $..........., and costs to be assessed, in satisfaction of the plaintiff’s claim for .........[specify the claim or part of the claim in respect of which the offer to settle is made]...................... .

Dated .................................................. ........................................................................
Party [or party’s solicitor]

 


Form 65 (Rule 57 (20) )

[Style of Proceeding]

REVOCATION

TAKE NOTICE that the plaintiff revokes the plaintiff’s offer to settle dated the ........... day of .............,19.... .

Dated .................................................. ...........................................................................
Party [or party’s solicitor]

 


Form 66 (Rule 57 (24) )

[Style of Proceeding]

CONSENT TO JUDGMENT

An offer to settle having been made by the plaintiff .................................. pursuant to Rule 57 (20) (a), the defendant .................................. CONSENTS TO judgment being entered against the defendant in the sum of $................,[add, where applicable, and costs to be assessed] in respect of the plaintiff’s claim for .....[specify the claim or part of claim in respect of which judgment is consented to]...... .

Dated .................................................. ................................................................................
Defendant [or defendant’s solicitor]

 


Form 67 (Rule 57 (28) )

[Style of Proceeding]

BILL OF COSTS OF .................................

Tariff scale ........................; Unit value $.............................

Item Description Number of Units

Claimed:   Allowed:
Total number of units .......................   .......................
Multiply by unit value    x $.................. x $..................
Total $..................   $..................
Disbursements:  
Description: Amount claimed: Amount allowed:  
....................... .......................  
Total $.................. $..................   $..................
Total fees and disbursements allowed:   $..................

Date of assessment: .......................................

Signature of assessing officer: ..............................................

 


Form 68 (Rule 57 (32 )

[Style of Proceeding]

CERTIFICATE OF COSTS

I CERTIFY that on.......[date]....., the costs of the ...........[description of party]............. ...........[name of party]............, have been assessed, and the amount payable by the ...........[description of party]............. ...........[name of party]............. is allowed at $.......... .

Dated .................................................. ....................................................................
Registrar

[This certificate may be set out in a separate document or be endorsed upon the bill of costs.]

 


Form 69 (Rule 61 (3) )

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

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

In the Supreme Court of British Columbia

Re: Estate of ................................................................, Deceased

AFFIDAVIT OF EXECUTOR

I, .....(name and address of applicant)....., MAKE OATH AND SAY THAT:

1. ......................................................., late of .............[street address and city].............. in the Province of British Columbia ............[occupation]........ died on the ........ day of ............................ , 19....., at ........................ in the Province of British Columbia.

2. I believe Exhibit A to this affidavit to be the deceased’s original last will which is dated the ........... day of..................., 19.... , [and Exhibit(s) A-1 (and A-2, etc.) to be the codicil(s) to it dated the......... day of.................., 19....., etc., respectively)].

3. I am ............................................. executor(s) named in the will. (My appointment has not been revoked under section 16 of the Wills Act by reason of a decree of judicial separation, divorce, or nullity granted after the date of the will in respect of a marriage of the deceased.) [If any executors named in the will are not applying, explain why.]

4. To the best of my knowledge the deceased did/did not marry or remarry after the date of the will.

5. To the best of my knowledge the will is/is not witnessed by a person to whom, or to whose then wife or husband, a beneficial devise, bequest or other disposition or appointment is given or made.

6. I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.

7. The statement marked Exhibit B to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, which pass to the deceased’s personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.

8. I will disclose forthwith to the court the existence of any asset or liability which has not been disclosed in Exhibit B hereto when I learn of the same.

9. I will administer according to law all of the estate which by law devolves to and vests in the personal representative of the deceased and I will exhibit a true and perfect inventory of the estate and render a just and true account thereof whenever required by law to do so.

Sworn, etc.

Estate of........................................................., Deceased

Assets, Liabilities and Distribution

Part I
Real Property (including mortgages and vendors and
purchasers interests in agreements for sale)

Within or Without
British Columbia

Value at Death

     
  Total  

Part II
Personal Property (all assets except real property)

Within or Without
 British Columbia

Value at Death

     
  Total  

Gross Value of Estate    

Part III Debts and Liabilities Paid or Unpaid Amount

     

  Total  
Safety Deposit Box No. Location:  

Part IV Distribution of Estate    
Name Relationship Property Passing

     

This is Exhibit B referred to in the affidavit
of .................................. sworn before me at
....................................... this ......... day of
.................................................... 19...... .

..................................................
A commissioner for taking affidavits
within British Columbia

 


Form 70 (Rule 61 (3) )

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

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

In the Supreme Court of British Columbia

Re: Estate of ................................................................, Deceased

AFFIDAVIT OF ADMINISTRATOR

I, .....(name and address of applicant)....., MAKE OATH AND SAY THAT:

1. ......................................................., late of .............[street address and city].............. in the Province of British Columbia ............[occupation]....... died on the ........ day of ............................, 19..... at ........................ in the Province of British Columbia.

2. I have made a careful search and believe the deceased died without having left any will, codicil or testamentary document.

3. The deceased was survived by .....(identify the applicant and any other person entitled to inherit under sections 95 to 102 of the Estate Administration Act, clear off any person who has a prior or equal right to apply for the grant and refer to all renunciations or consents filed)..... .

4. I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.

5. The statement marked Exhibit A to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, which pass to the deceased’s personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.

6. I believe there are no debts or liabilities for which the estate is or may be liable except as disclosed in Exhibit A all of which have been paid [except ...................(state whether any consent in writing has been given)].

7. I will disclose forthwith to the court the existence of any asset or liability which has not been disclosed in Exhibit A hereto when I learn of the same.

8. I will administer according to law all the estate which by law devolves to and vests in the personal representative of the deceased and I will exhibit a true and perfect inventory of the estate and render a just and true account thereof whenever required by law to do so.

Sworn, etc.

Estate of ....................................................... Deceased

ASSETS, LIABILITIES AND DISTRIBUTION

Part I
Real Property (including mortgages and vendors and
 purchasers interests in agreements for sale)

Within or Without
 British Columbia

Value at Death

     
 Total  

Part II
Personal Property (all assets except real property)

Within or Without
British Columbia

Value at Death

     
 Total  

Gross Value of Estate    

Part III Debts and Liabilities Paid or Unpaid Amount

     

 Total  
Safety Deposit Box No. Location:  
Part IV Distribution of Estate    
Name Relationship Property Passing

     

This is Exhibit A referred to in the affidavit
of .................................. sworn before me at
....................................... this ......... day of
.................................................... 19...... .

..................................................
A commissioner for taking affidavits
within British Columbia

 


Form 71 (Rule 61 (3) )

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

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

In the Supreme Court of British Columbia

Re: Estate of ................................................................, Deceased

AFFIDAVIT OF ADMINISTRATOR APPLYING FOR LETTERS
OF ADMINISTRATION WITH WILL ANNEXED

I, .....(name and address of applicant)....., MAKE OATH AND SAY THAT:

1. ......................................................., late of .............[street address and city].............. in the Province of British Columbia ............[occupation]........ died on the ........ day of ............................, 19..... at ........................ in the Province of British Columbia.

2. I believe Exhibit A to this affidavit to be the deceased’s original last will which is dated the ........... day of..................., 19...., [and Exhibit(s) A-1 (and A-2, etc.) to be the codicil(s) to it dated the ......... day of .................., 19....., (and the .......... day of ...................., 19..., etc., respectively)].

3. There is no executor named in the will. [or, set out the reason no person is presently entitled and willing to act as executor of the will, e.g., executor named has predeceased, renounced, etc.]

4. I am .......... [identify the applicant’s entitlement to the grant, e.g., one of the residuary beneficiaries, etc.].......... and the renunciation or consent of all persons having a prior or equal right to apply for the grant or entitled to share in the estate are filed herewith, as follows

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

5. To the best of my knowledge the deceased did/did not marry or remarry after the date of the will.

6. To the best of my knowledge the will is/is not witnessed by a person to whom, or to whose then wife or husband, a beneficial devise, bequest or other disposition or appointment is given or made.

7. I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.

8. The statement marked Exhibit B to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, which pass to the deceased’s personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.

9. I believe there are no debts or liabilities for which the estate is or may be liable except as disclosed in Exhibit B all of which have been paid [except .....................(state whether any consent in writing has been given)....................].

10. I will disclose forthwith to the court the existence of any asset or liability which has not been disclosed in Exhibit B hereto when I learn of the same.

11. I will administer according to law all the estate which by law devolves to and vests in the personal representative of the deceased and I will exhibit a true and perfect inventory of the estate and render a just and true account thereof whenever required by law to do so.

Sworn, etc.

Estate of ........................................................., Deceased

 

ASSETS, LIABILITIES AND DISTRIBUTION

Part I
Real Property (including mortgages and vendors and
purchasers interests in agreements for sale)

Within or Without
 British Columbia

Value at Death

     
  Total  

Part II
Personal Property (all assets except real property)

Within or Without
British Columbia

Value at Death

     
  Total  

Gross Value of Estate    

Part III Debts and Liabilities Paid or Unpaid Amount

     

  Total  
Safety Deposit Box No. Location:  
Part IV Distribution of Estate    
Name Relationship Property Passing

     

This is Exhibit B referred to in the affidavit
of .................................. sworn before me at
....................................... this ......... day of
.................................................... 19...... .

..................................................
A commissioner for taking affidavits
within British Columbia

 


Form 72 (Rule 61 (20) )

[Style of Proceeding]

NOTICE TO NEXT OF KIN

To [name and address of next of kin]:

You are advised that the applicant whose name is set out on the back of this notice has filed an application for grant of administration in this estate.

Particulars as to the estate are set out on the back of this notice.

It appears that you are a person eligible to apply for a grant of administration. Unless within .......... days [to be fixed by registrar] after the mailing of this notice to you, you notify the registrar in writing at the courthouse at ............................... of your intention to apply for a grant of administration or of any objection you may have to a grant of administration being made to the applicant, the court may grant administration to the applicant without further notice to you.

Dated .................................................. ..................................................................................
Applicant [or applicant’s solicitor]

[Back]

Name of deceased:

Place of last residence:

Occupation:

Date of death:

Name and address of applicant for grant of administration:

Relationship of applicant to deceased:

 


Form 73 (Rule 61 (25) )

[Style Proceeding]

ADMINISTRATION BOND

We, ..................................., of ......................................, ................[occupation]..................; ........................., of .............................., ...............[occupation]...............; and ......................... of .............................., ...............[occupation]..............., are jointly and severally bound unto the Registrar of the Supreme Court of British Columbia at ..............................in the sum of $.......... to be paid to the registrar, for which payment we bind ourselves and each of us, for the whole, our heirs, executors, and administrators.

The condition of this obligation is that if the above named .............................., the intended administrator of all the estate which by law devolves to and vests in the personal representative of the deceased, .............................., when lawfully required,

(a) makes a true and perfect inventory of the estate which has or shall come into his or her possession, control, or knowledge, or into the possession or control of any other person for him or her,

(b) exhibits the inventory to the Supreme Court of British Columbia,

(c) well and truly collects and administers the estate according to law,

(d) makes a true account of his or her administration, and

(e) lodges the grant of administration in the court,

then this obligation will be void and of no effect, but otherwise will remain in full force.

Dated ..................................................

 
Signed, sealed, and delivered in the
presence of:
) ..........................................................................
) ..........................................................................
..........................................................................

 


Form 74 (Rule 61 (25) )

[Style of Proceeding]

ADMINISTRATION BOND ON RESEALING

We, ........................., of .............................., ...............[occupation]...............; ........................., of .............................., ...............[occupation]...............; and ......................... of .............................., ...............[occupation]..............., are jointly and severally bound unto the Registrar

of the Supreme Court of British Columbia at .................... in the sum of $.......... to be paid to the registrar, for which payment we bind ourselves and each of us, for the whole, our heirs, executors, and administrators.

The condition of this obligation is that if the above named ...................., the administrator acting under letters of administration of the estate of ...................., deceased, granted to him or her on the .......... day of ...................., 19..., by ..........[name of issuing court].......... and now about to be resealed in the Province of British Columbia under the Probates Recognition Act, when lawfully required,

(a) makes a true and perfect inventory of the estate in the Province of British Columbia which has or shall come into his or her possession, control, or knowledge, or into the possession or control of any other person for him or her,

(b) exhibits the inventory to the Supreme Court of British Columbia,

(c) well and truly collects and administers the estate according to law,

(d) makes a true account of his or her administration, and

(e) lodges the grant of administration in the court,

then this obligation will be void and of no effect, but otherwise will remain in full force.

Dated ..................................................

Signed, sealed, and delivered in the
presence of:
 ) ..........................................................................
 ) ..........................................................................
..........................................................................


Form 75 (Rule 61 (34) )

[Style of Proceeding]

CAVEAT

LET NOTHING BE DONE without notice to ...................., caveator, in the estate of ...................., deceased, late of .................... in the .................... of ...................., who died on the .......... day of ...................., 19..., at .................... in the .................... of .................... .

[State grounds for entering caveat as required by Rule 61 (36)].

Dated .................................................. ...........................................................
Caveator [solicitor for caveator]
  ............................................................
Address for delivery of caveator

 


Form 76 (Rule 61 (39) )

[Style of Proceeding]

NOTICE TO CAVEATOR

To ..............................:

TAKE NOTICE that, unless you file an appearance at the office of the Registrar of the Supreme Court of British Columbia at ...................., within 7 days after delivery of a copy of this notice, the caveat you filed in the estate of ...................., deceased, will be struck out by the registrar.

This notice was filed by or on behalf of ...................., whose address for delivery is ...................., and who claims a right to issue this notice on the ground....................[here state ground as provided in Rule 61 (40)].................... .

A copy of your appearance is to be delivered to the above address for delivery forthwith after the original is filed at the office of the registrar.

Dated .................................................. ..................................................
Person issuing notice
[or the person’s solicitor]

 


Form 77 (Rule 61 (44) )

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

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

[Style of Proceeding]

CITATION TO ACCEPT PROBATE AS EXECUTOR

To [name and address of executor]:

You are advised that unless within 14 days after service of this citation upon you, you apply for a grant of probate as executor of the will of ...................., deceased, who died on the .......... day of ...................., 19..., or within that time you file an answer undertaking to apply for probate within 14 days from the date of your answer showing cause why administration with the will annexed should not be granted to ..........[person intending to apply for administration with will annexed].......... of ..........[address].........., this court may grant administration of the estate to him or her without further notice to you.

This citation was issued by ..........[name of citator].......... whose address for delivery is .............................

If you answer this citation your answer is to be filed at the registry at .................................. and a copy delivered forthwith to the above address for delivery.

Dated .................................................. ..................................................
Citator [or solicitor]

 


Form 78 (Rule 61 (44) )

[Style of Proceeding]

ANSWER

In answer to the citation dated the .......... day of ...................., 19..., I ...........[State undertaking to apply for probate within 14 days, or refusal to act as executor, or state grounds upon which objection is taken to the citator applying for administration, as the case may be.]

Dated ..................................................

..................................................
Executor

 


Form 79 (Rule 61 (45) )

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

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

[Style of Proceeding]

CITATION TO PROPOUND AN ALLEGED WILL

To [names and addresses of executors and other persons named in alleged will]:

It appears by the affidavit of ...................., sworn the .......... day of ...................., 19..., that deceased, of ..........[address].......... died on ..........[date].......... and that the deceased left a document purporting to be a will, in which he or she appointed .................... sole executor, and in which the following persons are named ..........[list all persons named]..........:

TAKE NOTICE that, unless within 14 days after service of a copy of this citation on you, you file at the office of the Registrar of the Supreme Court at .................... written notice of your intention to apply with reasonable diligence for probate or administration based on the document referred to or show cause why probate or administration should not be granted to ............[name and address of person intending to apply].........., the court may grant probate or administration of the estate to .................... without further notice to you and without regard to the document referred to.

This citation was issued by ...................., whose address for delivery is

If you answer this citation, your answer is to be filed at the registry at and a copy delivered to the above address for delivery.

Dated .................................................. ..............................................................................
Person intending to apply for probate
or administration [or solicitor]

 


Form 80 (Rule 61 (45) )

[Style of Proceeding]

ANSWER

In answer to the citation dated the .......... day of ...................., 19... . I ...............[State intention of applying for probate or administration based on the document referred to in the citation, or stating grounds upon which objection is taken to the citator applying for probate or administration, as the case may be.]

Dated .................................................. ..................................................................
Person cited [or solicitor]

 


Form 81 (Rule 61 (46) )

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

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

[Style of Proceeding]

CITATION TO BRING IN A WILL

To ....................:

It appears by the affidavit of ...................., sworn ...................., that a testamentary document signed by ...................., deceased, of ...................., who died on the .......... day of ...................., 19..., may be in your possession or control.

You are ordered to bring into registrar’s office at the courthouse at .................... and leave with the registrar any testamentary document signed by ...................., which is in your possession or control, within 14 days after service of this citation on you.

If no testamentary document is in your possession or control, you are within the same time to file in the registrar’s office an affidavit to that effect and setting forth what knowledge you may have respecting any testamentary document signed by ...................., deceased.

Dated .................................................. .........................................................................
Registrar

 


Form 82 (Rule 61 (46) )

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

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

[Style of Proceeding]

SUBPOENA

To [name and address]:

You are ordered to attend at the registrar’s office at the courthouse at .................... at ..........[time].......... on ..........[date].......... to be examined concerning the estate of ...................., deceased, and to deliver to me the following [state documents or assets to be delivered]:

Dated .................................................. ........................................................................
Registrar

 


Form 83 (Rule 61 (52) )

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

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

In the Supreme Court of British Columbia

Re: Estate of ................................................................, Deceased

AFFIDAVIT TO LEAD TO RESEALING OF GRANT

I, .......................................................[name and address of applicant], MAKE OATH AND SAY THAT:

1. ......................................................., late of ................................. in .............................. died on the ........ day of ............................, 19..... domiciled in ........................ [having by his or her last will dated the ........ day of......................, 19...., appointed me his or her executor (or intestate, or as the case may be)].

2. A grant of probate of the will (or letters of administration of the estate) of the deceased was made to ............................................ by the ...............[court]............... on the.......... day of...............,19... .

3. I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.

4. The statement marked Exhibit A to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, which pass to the deceased’s personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.

5. I will disclose forthwith to the court the existence of any asset or liability which has not been disclosed in Exhibit A hereto when I learn of the same.

6. I am the attorney of ..................................., lawfully appointed under his or her hand and seal, and authorized to apply to this court for the resealing of the grant (strike out this paragraph if not applicable).

7. I believe there are no debts or liabilities in the Province for which the estate is or may be liable except as disclosed in Exhibit A all of which have been paid [except ..........(state whether any consent in writing has been given)..........] and the estate is of small value, or, and the administrator is the beneficiary, or, and all persons who are or may be beneficially interested in the estate have consented in writing. [Strike out when not applicable. Paragraph 7 required only to reseal letters of administration — s. 3 (2) and (3) Probate Recognition Act.]

Sworn, etc.

Estate of ........................................................., Deceased

 

ASSETS, LIABILITIES AND DISTRIBUTION

Part I
Real Property (including mortgages and vendors and
purchasers interests in agreements for sale)

Within or Without
British Columbia

Value at Death

 

 

 

 

Total

 


Part II
Personal Property (all assets except real property)

Within or Without
British Columbia

Value at Death

 

 

 

 

Total

 


Gross Value of Estate

 

 


Part III Debts and Liabilities

Paid or Unpaid

Amount


 

 

 


Safety Deposit Box No.

Location:

 


Part IV Distribution of Estate

 

 

Name

Relationship

Property Passing

 

 

 

This is Exhibit A referred to in the affidavit
of..................................sworn before me at
....................................... this ......... day of
.................................................... 19...... .

..................................................
A commissioner for taking affidavits
within British Columbia

 


Form 84 (Rule 61 (58) )

[Style of Proceeding]

AFFIDAVIT IN SUPPORT OF
APPLICATION TO PASS ACCOUNTS

I ...................., of ...................., in the Province of ...................., ..........[occupation].........., make oath and say:

1. That a grant of administration of the estate of ...................., deceased, was made to me by this court on the .......... day of ...................., 19.... .

2. That I have administered the estate to the best of my ability.

3. That I have filed with the registrar a full and correct accounting of the estate, showing all property, money, and effects and the proceeds thereof which have come into my hands as personal representative, and also a full and correct statement of all disbursements, with a full and correct statement of the assets not yet disposed of.

4. That I have not been awarded any compensation for my services as personal representative by this or any other court except

5. That the persons interested in the administration of the estate as beneficiaries of the deceased are as follows: .............................., and all of them are of the full age of 19 years except

6. That I know of no creditors of the estate who still have unsettled claims against it which I consider to be valid except

7. That the only portion of the estate that remains unadministered is as follows: .............................., and the reason it has not been administered is

Sworn, etc.

 


Form 85 (Rule 62 (6) )

[Style of Proceeding]

CITATION TO BRING IN GRANT

To ..........[name and address of person holding grant]..........:

Whereas an action has been commenced for the revocation of the letters probate [or letters of administration] of the will of [or of the estate of] ...................., issued to .................... on ..........[date].......... .

It is ordered that you deliver the original grant to registrar’s office at the courthouse at .................... within 7 days after service of this citation upon you, and you shall not act under the grant without leave from the registrar.

Dated .................................................. ..................................................
Registrar

 


Form 86 (Rules 17, 25, and 2 (5) (g) )

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

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

[Style of Proceeding]

DEFAULT JUDGMENT

The .......... day of ...................., 19.... .

The defendant(s) .............................. not having filed an appearance to the writ of summons in this action and the time for doing so having expired.

[Or]

The plaintiff(s) having filed and delivered a statement of claim and the defendant(s) .............................. having failed to file and deliver a statement of defence within the time allowed.

[Or]

Pursuant to an order made by .............................. on the .......... day of ...................., 19..., that this proceeding continue as if no appearance had been entered or defence filed by the defendant(s).

[where Rule 17 (3) or Rule 25 (4) applicable]:

THIS COURT ORDERS that the defendant(s) .............................. pay to the plaintiff(s) the sum of $.......... [interest as claimed (or, interest pursuant to the Prejudgment Interest Act) in the amount of $..........,] and $.......... costs, [or, and costs to be assessed.]

[where Rule 17 (5) or Rule 25 (6) applicable]:

THIS COURT ORDERS that the defendant(s) .............................. pay to the plaintiff(s) damages to be assessed and costs to be assessed.

[where Rule 17 (6) (a) or Rule 25 (7) (a) applicable]:

THIS COURT ORDERS that the defendant(s) .............................. deliver to the plaintiff(s) the goods detained by the defendant(s) .............................., being ..........[description of goods].......... or pay to the plaintiff(s) their value to be assessed and pay $.......... costs, [or, and pay costs to be assessed.]

[where Rule 17 (6) (b) or Rule 25 (7) (b) applicable]:

THIS COURT ORDERS that the defendant(s) .............................. pay to the plaintiff(s) the value to be assessed of the goods detained by the defendant(s) .............................., being ..........[description of goods].........., and $.......... costs. [or, and costs to be assessed].

..................................................
Registrar

 


Form 87 (Rule 57 (24) )

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

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

[Style of Proceeding]

JUDGMENT UPON A CONSENT TO JUDGMENT
GIVEN AFTER AN OFFER TO SETTLE

The ......... day of .....................,19.... .

The defendant(s) ........................................................, having filed and delivered a consent to judgment pursuant to an offer to settle made by the plaintiff(s),

THIS COURT ORDERS that in accordance with the consent the defendant(s) pay to the plaintiff(s) the sum of $..............[, and $................ costs (or, and costs to be assessed) 1.

..................................................
Registrar

 


Form 88 (Rule 43 (34) (e) )

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

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

[Style of Proceeding]

EXAMINER’s REPORT

I, ...................., a registrar designated as an examiner by the Chief Justice of the Supreme Court pursuant to Rule 42 (27) of the Rules of Court, report:

1. That a subpoena was issued pursuant to Rule 42 (23) directed to .................... . A copy of the subpoena is attached.

2. That the subpoena was served in accordance with the provisions of Rule 42 (25) and proof of service filed.

3. That the person subpoenaed did not attend as required at the hearing [or, refer to the default of the debtor specified in Rule 42 (30) (a), (b), (c) or (d), giving particulars].

4. That the solicitor for the creditor appeared at the time and place and on the date fixed for the hearing.

5. That pursuant to Rule 42 (30) I have fixed ..........day, the .......... day of ...................., 19..., at .......... o—clock in the ..........noon, at the courthouse at ..........[address].......... as the time and place for appearance before the court.

Dated at ...................., B. C., this .......... day of ...................., 19... .

..................................................
Examiner

 


Form 89 (Rule 60A (3) )

[Style of Proceeding]

PROPERTY AND FINANCIAL STATEMENT

I, .......................................................... (insert name of deponent), of ............................................ in the Province of British Columbia, MAKE OATH AND SAY that

(a) the particulars of my financial statement as set out in Part 1, are accurate to the best of my knowledge, information and belief (where applicable), and

(b) the particulars of all of my property set out in Part 2, are accurate to the best of my knowledge, information and belief

[NOTE:

1. Parts 1 and 2 are to be completed if a claim under the Divorce Act, 1985 (Canada) for a support order or variation order is made or an application for child or spousal maintenance under Part 4 of the Family Relations Act is made, whether or not it is made in conjunction with a support order under the Divorce Act.

2. Part 1 need not be completed if the proceeding relates solely to an application for relief under Part 3 of the Family Relations Act (Division of Property), but if an application under Part 3 is made in conjunction with an application for maintenance under the Family Relations Act or a support order under the Divorce Act, both parts of this form must be completed.

3. Persons completing Part 1 must attach

(a) copies of the their 3 most recent income tax returns, together with attachments, if any,

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

(c) copies of 3 recent pay slips from the their employer, and

(d) if they are unemployed and in receipt of benefits under the Unemployment Insurance Act (Canada) copies of the 3 most recent "U.I.C." benefit statements.]

PART 1 — FINANCIAL STATEMENT

 

1. INCOME:

Gross estimated monthly employment income

(a) .........................

Pension

(b) .........................

Dividends

(c) .........................

Interest

(d) .........................

Other: .........................

(e) .........................

TOTAL:

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

2. ESTIMATED MONTHLY EXPENSES:
HOUSING

Rent

(a) .........................

Mortgage payments

(b) .........................

Taxes

(c) .........................

Heating

(d) .........................

Electricity

(e) .........................

Water & sewer rate

(f) .........................

Insurance, property & taxes

(g) .........................

Maintenance & repairs

(h) .........................

Other: .........................

(i) .........................

Subtotal

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

AUTOMOBILE

Insurance

(a) .........................

Licence

(b) .........................

Repairs & maintenance

(c) .........................

Gas & oil

(d) .........................

Parking

(e) .........................

Other: .........................

(f) .........................

Subtotal

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

HOUSEHOLD EXPENSES

Food

(a) .........................

Supplies

(b) .........................

Telephone

(c) .........................

Cablevision

(d) .........................

Furniture repairs & replacement

(e) .........................

Cleaning lady

(f) .........................

Grass cutting

(g) .........................

Other: .........................

(h) .........................

Subtotal

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

MEDICAL/DENTAL

Medical insurance

(a) .........................

Medical payments not covered

(b) .........................

Dental insurance

(c) .........................

Dental payments not covered

(d) .........................

Orthodontistry

(e) .........................

Pharmaceuticals

(f) .........................

Other: .........................

(g) .........................

Subtotal

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

CHILDREN

Clothing

(a) .........................

Hairdresser

(b) .........................

Entertainment

(c) .........................

Activities (sports, etc.)

(d) .........................

Allowance

(e) .........................

Camp

(f) .........................

School. supplies (insurance)

(g) .........................

Babysitter

(h) .........................

Daycare

(i) .........................

Other: .........................

(j) .........................

Subtotal

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

YOURSELF

Clothing

(a) .........................

Hairdresser & cosmetics

(b) .........................

Entertainment

(c) .........................

Pocket money

(d) .........................

Educational expenses

(e) .........................

Newspaper & magazines

(f) .........................

Life insurance

(g) .........................

Other: .........................

(h) .........................

Subtotal

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

MISCELLANEOUS

Restaurant meals

(a) .........................

Newspaper & magazines

(b) .........................

Birthdays, Christmas & gifts

(c) .........................

Cigarettes

(d) .........................

Liquor

(e) .........................

Transportation (cabs & bus)

(f) .........................

Vacation (reserve)

(g) .........................

Laundry & drycleaning

(h) .........................

Other: .........................

(i) .........................

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

(j) .........................

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

(k) .........................

Subtotal

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

LOAN PAYMENTS & DEBTS

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

(a) .........................

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

(b) .........................

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

(c) .........................

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

(d) .........................

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

(e) .........................

Subtotal

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

RESERVE FOR INCOME TAX:

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

TOTAL MONTHLY EXPENSES:

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

TOTAL:

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

PART 2 — PROPERTY STATEMENT

REAL ESTATE

(Include any interest in land, including leasehold interests and mortgages, whether or not you are registered as owner. Show estimated market value of your interest, without deducting encumbrances or costs of disposition, and show encumbrances under Debts and Other Liabilities.)

 

NATURE AND TYPE OF
OWNERSHIP
State Percentage
Interest Where Relevant

NATURE AND
ADDRESS OF
PROPERTY

Date of Acquisition

ESTIMATED MARKET
VALUE OF YOUR
INTEREST AT DATE OF
THE STATEMENT
(insert value)

 

 

 

 

TOTAL $

GENERAL HOUSEHOLD ITEMS AND VEHICLES

(Show items by category. Include furniture and household effects, clothing, jewelry, appliances, automobiles, boats and any other vehicles and any other household items. Give make, model and licence number of automobiles, boats and other vehicles. List major items in each category. Show estimated market value, not cost of replacement for these items. Do not deduct encumbrances here, but show encumbrances under Debts and Other Liabilities below.)

 

ITEM

PARTICULARS

Date of acquisition
of major items

ESTIMATED MARKET
VALUE OF YOUR
INTEREST AT DATE OF
THE STATEMENT
(insert value)

 

 

 

 

TOTAL $

SAVINGS, SAVINGS PLANS AND PENSIONS

(Show items owned by category. Include cash, accounts in financial institutions, registered retirement or other savings plans, deposit receipts, pensions and any other savings.)

 

CATEGORY

INSTITUTION

ACCOUNT
NUMBER

AMOUNT AS AT DATE OF
THE STATEMENT
(insert value)

 

 

 

 

TOTAL $

SECURITIES

(Show items owned by category. Include shares, bonds, warrants, options, debentures, notes and any other securities. Give your best estimate of market value if the items were to be sold on an open market.)

 

CATEGORY

NUMBER

DESCRIPTION

Date of acquisition

ESTIMATED MARKET
VALUE AS AT DATE
OF THE STATEMENT
(insert value)

 

 

 

 

 

TOTAL $

LIFE AND DISABILITY INSURANCE

 

COMPANY
AND
POLICY NO.

KIND OF
POLICY

OWNER

BENEFICIARY

FACE
AMOUNT

Date of
acquisition

CASH
SURRENDER
VALUE AS AT
DATE OF THE
STATEMENT
(insert value)

 

 

 

 

 

 

 

TOTAL $

ACCOUNTS RECEIVABLE

(Give particulars of all debts owing to you, whether arising from business or from personal dealings.)

 

PARTICULARS

AMOUNT AS AT DATE OF THE
 STATEMENT
(insert value)

 

 

TOTAL $

BUSINESS INTERESTS

(Show any interest owned directly or indirectly in any unincorporated business including partnerships, trusts and joint ventures. A controlling interest in an incorporated business may be shown here or under Securities above.)

 

NAME AND ADDRESS OF
FIRM OR COMPANY

NATURE OF
INTEREST

Date of Acquisition

ESTIMATED MARKET
VALUE AS OF DATE OF THE
 STATEMENT
(insert value)

(a) located in B.C.

(b) located elsewhere

 

 

 

TOTAL $

OTHER PROPERTY

(Show other property by categories. Include property of any kind not shown above.)

 

CATEGORY

PARTICULARS

Date of Acquisition

ESTIMATED MARKET
VALUE AS AT DATE OF
THE STATEMENT
(insert value)

 

 

 

 

TOTAL $

DEBTS AND OTHER LIABILITIES

(Show your debts and other liabilities, whether arising from personal or business dealings, by category such as mortgages, charges, liens, notes, credit cards and accounts payable. Include contingent liabilities such as guarantees and indicate that they are contingent.)

 

CATEGORY

PARTICULARS

Date of Acquisition

AMOUNT AS AT DATE OF
 THE STATEMENT
(insert value)

 

 

 

 

TOTAL $

DISPOSAL OF PROPERTY

(Show the value by category of all property that you disposed of during the 2 years immediately preceding the making of this statement or since the date of the marriage, whichever period is shorter.)

 

CATEGORY

PARTICULARS

Date of Disposal

VALUE

 

 

 

 

TOTAL $

WHICH OF THESE STATEMENTS APPLIES TO YOU?

I do not anticipate any material changes in the information set out above.

OR

I anticipate the following material changes in the information set out above:

Sworn before me at .........................

)  

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

)

....................................................................
(Signature of deponent)

this ....... day of .................. 19....

)

 

 


Form 90 (Rule 60 (44) )

CONSENT

I, ........................................, consent to the filing of the attached agreement dated .................... in the Supreme Court of British Columbia for the purposes of the enforcement of any provision of it respecting:

(a) custody or access to a child by a parent, or

(b) the maintenance of a child by a parent or of a person by the person’s spouse.

Sworn before me at ........................

)  

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

) ............................................................
Signature

this ....... day of .................. 19....

)  

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

)  

A Commissioner for taking affidavits

)  

for the Province of British Columbia.

)  

 


Form 91 (Rule 60A (4) )

[Style of Proceeding]

NOTICE TO FILE A PROPERTY AND FINANCIAL STATEMENT

TAKE NOTICE that, whether or not you intend to defend this proceeding, you are required to deliver to the applicant a property and financial statement in Form 89.

And take notice that under Rule 60A (4) you must deliver to the applicant or the applicant’s solicitor your financial statement within 30 days after being served with this notice.

And further take notice that if you do not deliver your property and financial statement as required, the applicant may apply to the court without further notice to you for an order compelling you to deliver a property and financial statement.

Dated .................................................. ..............................................................................
Applicant [or applicant’s Solicitor]

To the Respondent

 


Form 92 (Rule 26 (1) )

[Style of Proceeding]

DEMAND FOR DISCOVERY OF DOCUMENTS

TAKE NOTICE that the .............................. demands that you make discovery of all documents which are or have been in your possession or control relating to any matter in question in this action within 21 days from the delivery of this demand.

Dated at .................... British Columbia, this .......... day of ....................,19... .

Per:..................................................
Party [or party’s solicitor]

TO:

AND TO:

This Demand for Discovery of Documents is made by ............................ of the firm of .................................... Solicitors for ..................................... whose place of business and address for delivery is

 


Form 93 (Rule 26 (1) and (7) )

[Style of Proceeding]

LIST OF DOCUMENTS OF (PARTY)

PART I. DOCUMENTS TO WHICH THERE IS NO OBJECTION TO PRODUCTION:

1.

2.

3.

4.

5.

PART II. DOCUMENTS WHICH HAVE BEEN BUT ARE NOT NOW IN POSSESSION OR CONTROL:

1.

2.

PART III. DOCUMENTS FOR WHICH PRIVILEGE FROM PRODUCTION IS CLAIMED (State grounds of privilege):

1.

2.

TAKE NOTICE that the documents listed in Part I may be inspected during normal business hours at ........................................ [place]

Dated .................................................. .....................................................................
Party [or party’s solicitor]

TO:

AND TO:

This Notice is given by .............................. of the firm of .................................. Solicitors for ................................... whose place of business and address for delivery is:

 


Form 94 (Rule 60 (16) )

[Style of Proceeding]

OFFER TO SETTLE A CLAIM FOR PROPERTY OR MAINTENANCE

TAKE NOTICE that the .................................... offers to accept [specify the amount or the property acceptable to the spouse making the offer], and costs to be assessed (or as the case may be) in satisfaction of his or her claim for [specify the claim for maintenance or property, or part of the claim, in respect of which the offer to settle is made].

Dated .................................................. ....................................................................
Party [or party’s solicitor]

TO: [other party]

AND TO: [other party’s solicitor]

 


Form 95 (Rule 60 (17) )

[Style of Proceeding]

REVOCATION OF OFFER TO SETTLE A CLAIM FOR PROPERTY OR MAINTENANCE

TAKE NOTICE that the ........................................................ revokes his or her offer to settle dated the ....... day of ..........................,19.... [or, revokes that part of his or her offer to settle dated the .......day of ........................ 19.... relating to (specify the part of the offer which is revoked)].

Dated .................................................. ..................................................
Party [or party’s solicitor]

TO: [other party]

AND TO: [other party’s solicitor]

 


Form 96 (Rule 60 (18) )

[Style of Proceeding]

ACCEPTANCE OF OFFER TO SETTLE A CLAIM
FOR PROPERTY OR MAINTENANCE

An offer to settle having been made by the ...................................................... under Rule 60 (17), the ................................................... ACCEPTS the offer and consents to an order incorporating the terms of the offer being made by the court.

Dated .................................................. ................................................................
Party [or party’s solicitor]

TO: [other party]

AND TO: [other party’s solicitor]

 


Form 97 (Rule 60B (9) )

[Style of Proceeding]

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

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

In the Supreme Court of British Columbia

Between

Petitioner

and

Respondent(s)

PETITION FOR DIVORCE

NOTICE TO:

(Name and address of each respondent and other person named in petition.)

THIS IS A DIVORCE PROCEEDING. The claims made against you, or your alleged involvement in the breakdown of the marriage, are specified in this petition for divorce,

YOUR ATTENTION is directed to the NOTICE AND DIRECTIONS TO PERSONS SERVED which forms part of the petition and appears immediately after the signature of the petitioner and, if any, the Statement of Solicitor.

The petition for divorce is issued out of the ........................ Registry of the Supreme Court of British Columbia on this .......... day of .................., 19.... .

.........................................................................
District Registrar

Address of registry:
(Full Address)

THIS IS THE PETITION FOR DIVORCE OF:

(Name and address of petitioner.)

CLAIM AND GROUNDS

(1) The petitioner claims a divorce from the respondent spouse (and, ....................... add any claim for support, custody, costs or other relief claimed).

(2) The petitioner alleges that there has been a breakdown of the marriage under the Divorce Act, 1985, (Canada) section 8 (2) ( ) ( ), [and section 8 (2) ( ) ( ), as the case may be] the particulars of which are as follows:

(Refer to specific paragraph or paragraphs of section 8 (2) relied upon,
and for particulars set out each material fact relied upon
but not the evidence by which it might be proved.
)

RECONCILIATION

(3) The particulars of the circumstances which may assist the court to determine if there is a possibility of the reconciliation of the spouses are as follows:

(Give particulars)

(4) The following efforts to reconcile have been made:

(Give particulars. If no effort has been made, so state.)

PARTICULARS OF MARRIAGE

(5) Date of marriage:

(6) Place of marriage:

(7) Surname of wife before marriage:

(8) Maiden surname of wife:

(9) Marital status of husband at time of marriage:

(10) Marital status of wife at time of marriage:

(11) A certificate of the marriage or a certified copy of the registration of the marriage is filed with this petition (or, cannot be filed for the following reason:

[State reason, e.g. all records destroyed by fire in marriage
registry in country where marriage took place
]
).

RESIDENCE AND JURISDICTION

(12) Petitioner’s residence is:

(13) Respondent spouse’s residence is:

(14) The petitioner and the respondent ceased to reside together on:

(15) Petitioner’s birth date:

(16) Respondent’s birth date:

(17) The petitioner (or, The respondent spouse) has been ordinarily resident in British Columbia for at least one year immediately preceding the commencement of this proceeding.

AGE AND DISABILITY

(18) That no party or person named in this petition for divorce, excluding children of the marriage, is under 19 years of age except:

(Name the person and give the age)

(19) That no party or person named in this petition for divorce is under any other legal disability except:

(Name the person and describe the disability.)

CHILDREN

(20) The name and date of birth of each living child of the marriage as defined by the Divorce Act, 1985 (Canada) is:

(21) The particulars of the past, present and proposed custody, care, upbringing and education of the child(ren) are as follows:

(22) The petitioner claims custody of the following child(ren):

(23) The facts in support of the claim for custody are as follows:

(24) The petitioner is willing for the respondent spouse to have access to the child(ren) as follows:

(Give particulars, e.g. at all reasonable times, or specify times and length of access,
e.g. every second weekend and one month during summer vacation.
If petitioner objects to any access, so state and give reasons.
)

OTHER PROCEEDINGS

(25) The particulars and status of any other proceeding commenced with respect to the marriage or any child thereof, including proceedings for support or maintenance or under any statute are as follows:

(No proceeding prior to marriage, or adoption proceeding, should be included,
but where a support or maintenance order is in arrears, state the amount of arrears.
)

SEPARATION AGREEMENTS AND FINANCIAL ARRANGEMENTS

(26) The petitioner and the respondent spouse have entered into the following marriage agreement as defined in the Family Relations Act, or separation agreement, or other post or ante nuptial agreement or financial arrangement:

(Give particulars of dates and nature of each agreement or arrangement
and state whether or not it is still in effect.
)

(27) The financial position, both income and capital, of the petitioner and of the respondent is as follows:

(To be completed only if claim for support or custody,
or other financial relief, is made.
)

COLLUSION, CONDONATION AND CONNIVANCE

(28) There has been no collusion in relation to this petition, that is, there has been no agreement or conspiracy to which the petitioner is either directly or indirectly a party for the purpose of subverting the administration of justice, and no agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court.

(29) (Where the ground for divorce is adultery or physical or mental cruelty.) There has been no condonation of or connivance at the grounds for divorce set forth in this petition. (or, where collusion or connivance exists, state the facts on which the court will be asked to find that the public interest would be better served by granting the divorce.)

RELIEF CLAIMED

The petitioner therefore claims and asks this Honourable Court to grant the following relief:

(a) that the petitioner and the respondent spouse shall be divorced from each other,

(b) etc.,

(c) etc.

PLACE OF HEARING

The petitioner proposes that this petition will be heard by the court at: .................(place)..............

Signed at ...................., in the Province of British Columbia, this ........... day of ..................., 19...., the petitioner acknowledging that the statements in this petition for divorce are true to the best of the petitioner’s knowledge, information and belief.

..................................................
Signature of petitioner

(Where the petitioner acts in person, set out below the petitioner’s address for service or delivery,
which must be within 10 miles [I 6 km] of the registry, and telephone number,
and strike out the "Statement of Solicitor" following.
)

Petitioner’s address for service/delivery:

Fax number for delivery:

Petitioner’s telephone number:

STATEMENT OF SOLICITOR

I, ......................................, solicitor for the petitioner, certify to the court that I have complied with section 9 of the Divorce Act, 1985 (Canada).

(Where the circumstances of the case are of such a nature that it would
clearly not be appropriate to so comply, set out such circumstances.
)

Dated at ...................., in the Province of British Columbia, this ........... day of ..................., 19.... .

Address of solicitor:  
............................................................  
............................................................  ......................................................
Signature of solicitor
............................................................  

NOTICE AND DIRECTIONS TO PERSONS SERVED

LET ALL RESPONDENTS and other persons upon whom this petition for divorce is served TAKE NOTICE:

(a) If you wish to oppose the divorce proceeding or any claim made against you, or if you wish to advance claims of your own, you must cause a document known as an "Answer" or an "Answer and Counter- petition", respectively, in the form prescribed by the Rules of Court to be filed in the above noted registry of this court and cause a copy to be either delivered or served, as provided by the rules, on the petitioner or, if the petitioner has a lawyer, delivered to that lawyer, within the following time limit:

(i) If you were within British Columbia when served with this petition for divorce, the time limit is 20 days; or

(ii) If you were anywhere else in Canada or in one of the continental United States of America when served, the time limit is 40 days; or

(iii) If you were served anywhere else, the time limit is 60 days; and

(iv) If the petition for divorce was served upon you by some substitutional means (not in person) the time limit is the time fixed by the order of this court granting substituted service,

(b) Your answer, or answer and counter-petition, must provide an address at which further documents may be served or delivered, which address, unless it is the office address in British Columbia of your lawyer, must be within 10 miles (16 kilometres) of the above noted registry of this court,

(c) If you do not file and serve or deliver an answer or answer and counter-petition within the proper time limit set out above, then the petitioner may proceed WITHOUT ANY FURTHER NOTICE TO YOU, you will not be entitled to further notice, and a judgment granting a divorce and any other claims against you may be given IN YOUR ABSENCE,

(d) THAT, unless the court otherwise orders, a divorce takes effect on the 31st day after the day on which the judgment granting the divorce is rendered, AND THAT neither spouse is free to remarry until the divorce is in effect,

(e) If you are not a respondent but have been named in the petition for divorce and you wish to make a claim against the petitioner for costs or other relief, you must apply to the court to be added as a respondent within the time limit set out above and the court will decide the additional time, if any, to be given you for the purpose of filing an answer or answer and counter-petition.

 


Form 98 (Rule 60B (23) )

[Style of Proceeding]

ANSWER

1. The respondent, ......................................., admits the facts alleged in paragraphs ..................................of the petition for divorce.

2. The respondent, ..........................................., denies the facts alleged in paragraphs .................................... of the petition for divorce.

3. The respondent, ................................................, has no knowledge in respect of the facts or allegations in paragraphs of the petition for divorce.

4. Etc. (set out in consecutively numbered paragraphs the material facts relied upon for opposing the petition, but not the evidence by which they might be proved).

The respondent, ..............................., therefore claims and asks this Honourable Court to dismiss the petition for divorce with costs.

Dated .................................................. ..................................................
Signature of respondent
or respondent’s Solicitor

(Where the respondent acts in person, set out below the respondent’s address for service
or delivery, which must be within 10 miles [16 km] of the registry, and telephone number,
and strike out the "Statement of Solicitor" following.
)

Respondent’s address for service/delivery:

Fax number for delivery:

Respondent’s telephone number:

STATEMENT OF SOLICITOR

I, .................................., solicitor for the above named respondent, certify to the court that I have complied with section 9 of the Divorce Act, 1985 (Canada).

(Where the circumstances of the case are of such a nature that it would
clearly not be appropriate to so comply, set out such circumstances.
)

Dated at ...................., in the Province of British Columbia, this ........... day of ..................., 19.... .

Address of solicitor:  
............................................................  
..............................................................  ......................................................
Signature of solicitor
............................................................  

 

[Note:

Where answer is made by a person named in a petition for divorce who is not a respondent,
strike out the words
"the respondent" wherever they appear and substitute the name of that
person without any description or title
.

 

Where the answer is made to a counter-petition, make any necessary change required in the
circumstances, e.g. instead of
"respondent" substitute "petitioner" or "respondent by counter-
petition" as the case may be, and change "petition for divorce" to "counter-petition".]

 


Form 99 (Rule 60B (23) )

[Style of Proceeding]

ANSWER

1. The respondent, ...................................., opposes the petition for divorce limited to the claim or claims of:

[ ] (a) Costs

[ ] (b) Custody of children

[ ] (c) Access to child(ren)

[ ] (d) Support of spouse

[ ] (e) Support of child(ren)

2. Etc. (set out in consecutively numbered paragraphs the material facts relied upon for opposing the petition, but not the evidence by which they might be proved).

Dated .................................................. ......................................................................
Signature of respondent
or respondent’s Solicitor

(Where the respondent acts in person, set out below the respondent’s address for service
or delivery, which must be within 10 miles [16 km] of the registry, and telephone number,
and strike out the "Statement of Solicitor" following.)

Respondent’s address for service/delivery:

Fax number for delivery:

Respondent’s telephone number:

STATEMENT OF SOLICITOR

I, .................................., solicitor for the above named respondent, certify to the court that I have complied with section 9 of the Divorce Act, 1985 (Canada).

(Where the circumstances of the case are of such a nature that it would
clearly not be appropriate to so comply, set out such circumstances.
)

Dated at ...................., in the Province of British Columbia, this ........... day of ..................., 19.....

Address of solicitor:  
............................................................  
..............................................................  ......................................................
Signature of solicitor
............................................................  

 

[Note: Where answer is made by a person named in a petition for divorce who is not a respondent,
strike out the words
"the respondent" wherever they appear and substitute the name of that
person without any description or title
.
  Where the answer is made to a counter-petition, make any necessary change required in the
circumstances, e.g. instead of
"respondent" substitute "petitioner" or "respondent by counter-
petition" as the case may be, and change "petition for divorce" to "counter-petition".]

 


Form 100 (Rule 60B (10) )

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

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

In the Supreme Court of British Columbia

RE: A divorce proceeding by both spouses for dissolution of the marriage between ............................, husband, and ....................................., wife.

PETITION FOR DIVORCE

THIS IS THE JOINT PETITION FOR DIVORCE OF:

(Names and addresses of both spouses)

CLAIM AND GROUNDS

(1) The petitioners claim a divorce from each other .............................................. (and by consent an order for, [add: support, custody, costs or other relief claimed]).

(2) The petitioners allege that there has been a breakdown of the marriage under section 8 (2) (a) of the Divorce Act, 1985 (Canada), the particulars of which are that the petitioners are living separate and apart at the time of commencement of this proceeding and have lived separate and apart since the ........... day of ........................, 19.... .

RECONCILIATION

(3) The particulars of the circumstances which may assist the court to determine if there is a possibility of the reconciliation of the spouses are as follows:

(Give particulars)

(4) The following efforts to reconcile have been made:

(Give particulars. If no effort has been made, so state.)

PARTICULARS OF MARRIAGE

(5) Date of marriage:

(6) Place of marriage:

(7) Surname of wife before marriage:

(8) Maiden surname of wife:

(9) Marital status of husband at time of marriage:

(10) Marital status of wife at time of marriage:

(11) A certificate of the marriage or a certified copy of the registration of the marriage is filed with this petition (or, cannot be filed for the following reason:

[State reason, e.g. all records destroyed by fire in marriage
registry in country where marriage took place
]
).

RESIDENCE AND JURISDICTION

(12) Husband’s residence is:

(13) Wife’s residence is:

(14) The petitioners ceased to reside together on:

(15) The petitioners (or, one of the petitioners) has been ordinarily resident in British Columbia for at least one year immediately preceding the commencement of this proceeding.

AGE AND DISABILITY

(16) Husband’s birth date:

(17) Wife’s birth date:

(18) That neither petitioner is under any other legal disability.

CHILDREN

(19) The name and date of birth of each living child of the marriage as defined by the Divorce Act, 1985 (Canada) is:

(20) The particulars of the past, present and proposed custody, care, upbringing and education of the child(ren) are as follows:

(21) The husband/wife with the consent of the other spouse asks for an order for custody of the following children:

(22) The facts in support of the claim for custody are as follows:

(23) The petitioners consent to and agree to the following terms of access to the child(ren) by the spouse who will not have custody:

(Give particulars, e.g. at all reasonable times, or specify times and length of access,
e.g. every second weekend and one month during summer vacation.
)

OTHER PROCEEDINGS

(24) The particulars and status of any other proceeding commenced with respect to the marriage or any child thereof, including proceedings for support or maintenance or under any statute are as follows:

(No proceeding prior to marriage, or adoption proceeding, should
be included, but where a support or maintenance order is in
arrears, state the amount of arrears.
)

SEPARATION AGREEMENTS AND FINANCIAL ARRANGEMENTS

(25) The petitioners have entered into the following marriage agreement as defined in the Family Relations Act, or separation agreement, or other post or ante nuptial agreement or financial arrangement:

(Give particulars of dates and nature of each agreement or arrangement and
state whether or not it is still in effect.
)

(26) The financial position, both income and capital, of the husband and of the wife is as follows:

(To be completed where there is a claim by a spouse for a support order,
or where there is a child of the marriage as defined by the Divorce Act, 1985 (Canada).
)

COLLUSION

(27) There has been no collusion in relation to this petition, that is, there has been no agreement or conspiracy between the petitioners, directly or indirectly, for the purpose of subverting the administration of justice, and no agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court.

RELIEF CLAIMED

The petitioners claim and ask this Honourable Court to grant the following relief:

(a) that the petitioners shall be divorced from each other,

(b) by consent, that

(c) by consent, that

PLACE OF HEARING

The petitioners propose that this petition will be heard by the court at: ..................(place).................. .

SIGNATURE AND ACKNOWLEDGEMENTS

The petitioners state that they are presenting this joint petition for divorce with full knowledge that:

(a) each of them is entitled to obtain legal advice independently of the other,

(b) each of them is entitled to be separately represented by a lawyer of his or her own choice,

(c) neither of them can legally be forced or required by the other to seek a divorce or to sign this petition for divorce.

Signed by the petitioners at .................................., in the Province of British Columbia, on the ............day of ......................, 19...., the petitioners certifying that the statements in this petition for divorce are true.

..................................................
Signature of petitioner

..................................................
Signature of petitioner

(Where the petitioners act in person, strike out "Statement of
Solicitor" following, and add:
)

Husband’s mailing address and telephone number:

Wife’s mailing address and telephone number:

STATEMENT OF SOLICITOR

I, .........................................., solicitor for the ...................................................., certify to the court that I have complied with section 9 of the Divorce Act, 1985 (Canada).

(Where the circumstances of the case are of such a nature that it would clearly not
be appropriate to so comply, set out such circumstances.
)

Dated at ...................., in the Province of British Columbia, this ........... day of ..................., 19....

Address of solicitor:  
............................................................  
..............................................................  ......................................................
Signature of solicitor
............................................................  

 

(Note: If the husband and the wife are separately represented,
each solicitor must make a statement in the above form.
)

 


Form 101 (Rule 60B (24) )

[Style of Proceeding]

ANSWER AND COUNTER-PETITION

NOTICE TO: The petitioner

AND TO:

(Name and address of each respondent by counter-petition and other person named in the counter-petition.)

THIS IS AN ANSWER to the petition for divorce issued by the petitioner AND A COUNTER-PETITION.

THE CLAIMS MADE against you, or your alleged involvement in the breakdown of the marriage, are specified in the COUNTER-PETITION.

YOUR ATTENTION is directed to the NOTICE AND DIRECTIONS TO PERSONS SERVED which forms part of the counter-petition and appears immediately after the signature of the respondent and, if any, the statement of solicitor.

The answer and counter-petition is filed and issued out of the ..................... Registry of the Supreme Court of British Columbia on this ........ day of......................, 19.... .

Address of registry:

..................................................
District Registrar

ANSWER

1. The respondent, .............................., admits the facts alleged in paragraphs .............................. of the petition for divorce.

2. The respondent, .............................., denies the facts alleged in paragraphs .............................. of the petition for divorce.

3. The respondent, .............................., has no knowledge in respect of the facts or allegations in paragraphs .............................. of the petition for divorce.

4. Etc. (set out in consecutively numbered paragraphs the material facts relied upon for opposing the petition, but not the evidence by which they might be proved).

COUNTER-PETITION

THIS IS THE COUNTER-PETITION OF THE RESPONDENT,

(Full name and address)

1. The respondent, .............................., claims a divorce from the petitioner (and, add any claim for support, custody, costs or other relief claimed)

[or alternatively: The respondent, .............................., claims custody of the child(ren) of the marriage, ..............................(names), support for the respondent, and support for the child(ren) ...............................(and, add any other relief claimed) ].

2. [If applicable] The respondent, .............................., alleges that there has been a breakdown of the marriage under the Divorce Act, 1985 (Canada), section 8 (2) ( ) ( ), [and section 8 (2) ( ) ( ), as the case may be] the particulars of which are as follows:

(Refer to specific paragraph or paragraphs of section 8 (2) relied upon, and for particulars set out each material fact relied upon but not the evidence by which it might be proved.)

[Where the facts set out in any paragraph in the petition for divorce (Form 97) are not admitted in paragraph 1 of the above answer, repeat the paragraphs not admitted in the following manner:

3. In response to paragraph ( ) of the petition for divorce, the respondent, .............................., says the true facts are:

4. Etc.]

[Note: If a divorce is claimed by the respondent, paragraphs (26) and (27) in Form 97 must be pleaded in the counter-petition, changing the words "petition for divorce" to read "counter-petition".]

THE RESPONDENT, .............................., therefore claims and asks this Honourable Court to grant the following relief:

(d) THAT, unless the court otherwise orders, a divorce takes effect on the 31st day after the day on which the judgment granting the divorce is rendered, AND THAT neither spouse is free to remarry until the divorce is in effect,

(a) THAT the petition for divorce be dismissed,

(b) [If applicable] THAT the petitioner and the respondent, .........................., shall be divorced from each other,

(c) etc.,

(d) etc.

Signed at ..................., in the Province of British Columbia, this ........ day of......................, 19...., the respondent, .............................., acknowledging that the statements in this answer and this counter-petition are true to the best of the respondent’s knowledge, information and belief.

..................................................
Signature of respondent

(Where the respondent acts in person, set out below the respondent’s address for service or
delivery which must be within 10 miles [16 km] of the registry, and telephone number, and strike
out the "Statement of Solicitor" following.
)

Respondent’s address for delivery:

Fax number for delivery:

Respondent’s telephone number:

STATEMENT OF SOLICITOR

I, .............................., solicitor for the above named respondent, certify to the court that I have complied with section 9 of the Divorce Act, 1985 (Canada).

(Where the circumstances of the case are of such a nature that it would clearly not be appropriate to so comply, set out such circumstances.)

Dated at .................... British Columbia, this .......... day of ....................,19...

Address of solicitor:  
............................................................  
..............................................................  ......................................................
Signature of solicitor
............................................................  

NOTICE AND DIRECTIONS TO PERSONS SERVED

LET THE PETITIONER and all respondents by counter-petition or other persons upon whom this counter-petition is served TAKE NOTICE:

(a) If you wish to oppose the counter-petition or any claim made against you, you must cause a document known as an "Answer", substantially in one of the forms of answer prescribed by the Rules of Court but with any necessary changes, to be filed in the above noted registry of this court and cause a copy to be delivered, as provided by the rules, to the respondent who has issued the counter-petition or, if the respondent has a lawyer, to that lawyer, within the following time limit:

(i) If YOU were within BRITISH COLUMBIA when served with this counter-petition, the time limit is 20 DAYS; or

(ii) If YOU were anywhere else in CANADA or in one of the continental UNITED STATES OF AMERICA when served, the time limit is 40 DAYS; or

(iii) If YOU were served anywhere else, the time limit is 60 DAYS, and

(iv) If the counter-petition was served upon you by some substitutional means (not in person) the time limit is the time fixed by the order of this court granting substituted service,

(b) Your answer must provide an address at which further documents may be served or delivered, which address, unless it is the office address in British Columbia of your lawyer, must be within 10 miles (16 kilometres) of the above noted registry of this court,

(c) If you do not file and deliver an answer within the proper time limit set out above, then the divorce proceeding may be determined WITHOUT ANY FURTHER NOTICE TO YOU, you will not be entitled to further notice, and a judgment granting a divorce and any other claims made against you in the counter-petition may be given IN YOUR ABSENCE,

(d) THAT, unless the court otherwise orders, a divorce takes effect on the 31st day after the day on which the judgment granting the divorce is rendered, AND THAT neither spouse is free to remarry until the divorce is in effect,

(e) If you are not the petitioner or a respondent by counter-petition and you wish to make a claim for costs or other relief against the respondent who has issued the counter-petition, you must apply to the court to be added as a respondent by counter-petition within the above time limit set out above and the court will decide the additional time, if any, to be given you for the purpose of filing an answer.

 


Form 102 (Rule 60B (38) )

[Style of Proceeding]

AFFIDAVIT OF SERVICE

I,..............................[name in full, of ...............................[address in full] ....................[occupation], make oath and say:

1. That a copy of the petition for divorce in this proceeding was served by me on the respondent,..........................., at ...................................[insert full address of place where service made] on the .......... day of ....................,19..., at the hour of................ o—clock in the .....noon, by handing it to and leaving it with the respondent.

[Insert similar paragraphs for each additional respondent served; and for any person served who is not a respondent change the wording to read "served by me on ..........................., a person named therein, at ..." and repeat the full name of the person instead of the word "respondent" in the last line]

2. That a copy of the document served by me on the person(s) and in the manner aforesaid is annexed and marked Exhibit "A" to this affidavit.

3. [If applicable] That marked Exhibit "B" to this affidavit is a photograph which is a true likeness of the respondent, ................................., whom I served as aforesaid.

4. [If applicable] That the means by which I identified the person(s) served are:

[Complete in subparagraphs (a), (b), etc. (where more than one person served) and describe means, e.g. admissions, driver’s licence (give number), etc.]

Sworn, etc.

 


Form 103 (Rule 60B (48) )

[Style of Proceeding]

ORDER

BEFORE THE HONOURABLE MR. JUSTICE ) ............day, the ...............
  ) day of ....................,19.... .

This proceeding [coming on for trial at ........................., on the ............... day of ....................,19...., and on hearing ..............................., counsel for the petitioner, and ..............................., counsel for the respondent, and upon hearing the evidence adduced].......... [or, if such is the case, coming before me as an undefended divorce proceeding without an oral hearing, and upon reading the affidavits and other documents filed].............. [Where the divorce is effective earlier than 31 days after judgment add: and the court being of the opinion that by reason of special circumstances the divorce should take effect earlier than the 31st day after this date and the spouses having agreed and undertaken that no appeal will be taken from this order]:

THIS COURT ORDERS that, subject to section 12 of the Divorce Act, 1985 (Canada), the petitioner, ..............................., and the respondent, ..............................., who were married at ...............................on the ............... day of ....................,19...., are divorced from each other, the divorce to take effect on the 31st day after the date hereof [or, if so ordered, to take effect forthwith] [or, if so ordered, to take effect on the ............... day of ....................,19....].

AND FURTHER ORDERS that, etc.

AND FURTHER ORDERS that, etc.

By the Court.

..................................................
District Registrar

 


Form 104 (Rule 13 (14) )

REQUEST

FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL DOCUMENTS

Convention on the Service Abroad of Judicial and Extrajudicial Documents
in Civil or Commercial Matters,
signed at The Hague, November 15, 1965.

Identity and address of the applicant   Address of receiving authority

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

[identity and address] ........................................................................................................................................................................................................................................

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

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

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

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

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

The authority is requested to return or to have returned to the applicant a copy of the documents — and of the annexes* — with a certificate as provided in Form 106.

List of documents  
........................................................................................................ Done at .............................................................. ,
.........................................,.............................................................. the .......................................................................
........................................................................................................ (date)
........................................................................................................ Signature and/or stamp.
........................................................................................................  

*Delete if inappropriate.


Form 105 (Rule 13 (14) )

NOTICE AND SUMMARY OF DOCUMENT

Identity and address of the addressee

IMPORTANT

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

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

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

 Legal Services Society
300-1140 West Pender Street
Vancouver, B.C. V6E 4G1
(Phone) (604) 660-4600

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

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

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

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

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

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

**Judicial document

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

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

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

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

**Date and place for entering appearance ............................................................................................................................................................................................................

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

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

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

**Date of judgment/- - - - ...................................................................................................................................................................................................................................

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

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

**Extrajudicial document

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

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

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

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

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

**Delete if inappropriate/-----

 


Form 106 (Rule 13 (15) )

CERTIFICATE

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

1. That the document has been served*
— the [date]
— at [place, street, number]
in one of the following methods authorized by Article 5

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

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

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

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

The documents referred to in the request have been delivered to:
— (relationship of person to addressee (family, business or other))*

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

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

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

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

Annexes  
Documents returned:
.................................................................................
................................................................................
Done at ......................................................,
the ..............................................................
(date)
In appropriate cases, documents
establishing the service:
.................................................................................
Signature and/or stamp.

 

*Delete if inappropriate.

 


Form 107 (Rule 63A (3) )

In the Supreme Court of British Columbia

Admiralty Action In Rem Against

The Ship ............................... (and/or property)

Between

Plaintiffs

and

The Owners and all Others
Interest in the Ship ................................
(and for other property),

Defendants

WRIT OF SUMMONS

Name and address of each plaintiff

Description of Ship and/or other property

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith.

To the defendant(s):

TAKE NOTICE that this action has been commenced against you by the Plaintiff(s) for the claim(s) set out in this writ.

IF YOU INTEND TO DEFEND this action, or if you have a set off or counterclaim which you wish to have taken into account at the trial, YOU MUST GIVE NOTICE of your intention by filing a form entitled "Appearance" in the above registry of this court within the time for Appearance endorsed hereon and YOU MUST ALSO DELIVER a copy of the "Appearance" to the plaintiffs address for delivery, which is set out in this writ.

YOU OR YOUR SOLICITOR may file the "Appearance". You may obtain a form of "Appearance" at the registry.

IF YOU FAIL to file the "Appearance" within the proper Time for Appearance, JUDGMENT MAY BE TAKEN AGAINST YOU without further notice.

THE ADDRESS OF THE REGISTRY IS:

Name and office address of plaintiff’s solicitor:

Plaintiff’s address for delivery: ................ as above.

Fax number for delivery:

[Back]

The plaintiff’s claim is [or set out a statement of claim in Form 13]

Dated.................................................. ....................................................................................
Plaintiff [or solicitor]

TIME FOR APPEARANCE

The time for appearance is 7 days from the service of this writ on the ship or other property described herein (not including the day of service).

 


Form 108 (Rule 63A (4) )

In the Supreme Court of British Columbia
Admiralty Action In Rem Against
The Ship .................................... (and/or property)
And in Personam

Between

Plaintiffs

and

The Owners and all Others
Interest in the Ship .......................................................
(and/or other property), and

Defendants

WRIT OF SUMMONS

Name and address of each plaintiff

Description of ship and/or other property

Name and address of the defendants in personam

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith.

To the defendant(s):

TAKE NOTICE that this action has been commenced against you by the plaintlff(s) for the claim(s) set out in this writ.

IF YOU INTEND TO DEFEND this action, or if you have a set off or counterclaim which you wish to have taken into account at the trial, YOU MUST GIVE NOTICE of your intention by filing a form entitled "Appearance" in the above registry of this court within the time for appearance endorsed hereon and YOU MUST ALSO DELIVER a copy of the "Appearance" to the plaintiffs address for delivery, which is set out in this writ.

YOU OR YOUR SOLICITOR may file the "Appearance". You may obtain a form of "Appearance" at the registry.

IF YOU FAIL to file the "Appearance" within the proper time for appearance, JUDGMENT MAY BE TAKEN AGAINST YOU without further notice.

THE ADDRESS OF THE REGISTRY IS:

Name and office address of plaintiff’s solicitor:

Plaintiff’s address for delivery: .................... as above.

Fax number for delivery:

[Back]

The plaintiff’s claim is .........................[or set out a statement of claim in Form 13]

Dated.................................................. ....................................................................................
Plaintiff [or solicitor]

TIME FOR APPEARANCE

Service on ship
The time for appearance is 7 days from the service of this writ on the ship or other property described herein (not including the day of service).

Service on defendant in personam
Where this writ is served on a person in British Columbia, the time for appearance by that person is 7days from the service (not including the day of service).

Where this writ is served on a person outside British Columbia, the time for appearance by that person, after service, is 21 days in the case of a person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere. The court may shorten the time for appearance on ex parte application.

 


Form 109 (Rule 55 (9) )

[Style of Proceeding]

AFFIDAVIT TO LEAD WARRANT

I, ..........[name of the deponent].......... of ..........[address].......... hereby make oath and say as follows:

I, ....................[here describe relationship to the party at whose instance the ship or other property is to be arrested and the basis of the deponent’s knowledge].................... and accordingly have knowledge of the facts to which hereinafter I depose save and except where such are stated to be on information and belief.

The name and address of the party making application for a warrant for the arrest of the ship or other property named herein is

[state name and address] .

The nature of the claim which is the subject of the action against the ship or other property named herein is

[describe the claim and state the amount if known] .

The claim has not been satisfied.

The property to be arrested is

[Describe the ship or other property in sufficient detail to facilitate an arrest] .

No notice of this action is required OR the notice of this action required has been given and a copy of the notice is annexed to this my affidavit and marked Exhibit "A".

Sworn before me etc.

 


Form 110 (Rule 55 (11) )

[Style of Proceeding]

WARRANT

You are commanded to arrest the ship ...................., her cargo and freight etc. [or as the case may be], and to keep the same under arrest until you are otherwise ordered.

Dated.................................................. ....................................................................
Registrar

This warrant is taken out by .................................[name of person at whose instance the warrant is issued or his or her solicitor and his or her address for service in British Columbia]

 


Form 111 (Rule 55 (20) )

[Style of Proceeding]

CAVEAT

Caveat entered this .......... day of ...................., 19..., against the issue of a release from arrest of the ship ...................., her cargo and freight etc. [or as the case may be], or the payment out of court of the proceeds of any sale of the ship ...................., her cargo and freight etc. [or as the case may be], by ...................[name and address for service in British Columbia]......................................................................................

....................................................................................................................................
Person entering caveat or person’s solicitor

 


Form 112 (Rule 55 (21) )

[Style of Proceeding]

NOTICE OF WITHDRAWAL OF CAVEAT

TAKE NOTICE that .................... withdraws the caveat entered herein the .......... day of ...................., 19... .

Caveat withdrawn this .......... day of ...................., 19... .

......................................................................................
Person filing notice or person’s solicitor

 


Form 113 (Rule 55 (26) )

[Style of Proceeding]

PAYMENT INTO COURT AS BAIL

The amount of .................... is hereby paid into court as bail to answer judgment given against the defendant ship [or as the case may be] together with interest and costs.

Given at ...................., British Columbia, this .......... day of ...................., 19... .

...............................................................................
Person making payment or person’s solicitor

 


Form 114 (Rule 55 (26) )

[Style of Proceeding]

BANK GUARANTEE OR BAILBOND

We, .........[bank or surety company]........., hereby submit to the jurisdiction of this court and consent that if a judgment given herein against the defendant ship [or as the case may be] is not satisfied or stayed, execution may issue against us for a sum not exceeding $.......... inclusive of interest and costs.

Given this .......... day of ...................., 19... .

..........................................................................
Bank or Surety Company

 


Form 115 (Rule 55 (30) )

[Style of Proceeding]

RELEASE

WHEREAS by our warrant issued in this action on the .......... day of ...................., 19..., you were commanded to arrest the ship ...................., her cargo and freight etc. [or as the case may be] and to keep the same under arrest until you should receive a further order, you are commanded to release the ship ...................., her cargo and freight etc. [or as the case may be], from arrest upon payment being made to you of all fees due and all charges incurred by you in respect of the arrest and custody thereof.

Given at ...................., British Columbia, this .......... day of ...................., 19... .

.........................................................................
Registrar

Appendix B

Ordinary Costs

Interpretation

1. In this Appendix "process" means the drawing, filing, service or delivery of a document and any amendment to it or particulars of it, but does not include an application made with respect to the process or any part of the process.

Scale of costs

2. (1) Where a court has made an order for costs, it may fix the scale, from Scale 1 to 5 in subsection (2), under which the costs will be assessed, and may order that one or more steps in the proceeding be assessed under a different scale from that fixed for other steps.

(2) In fixing the scale of costs the court shall have regard to the following principles:

(a) Scale 1 is for matters of little difficulty;

(b) Scale 2 is for matters of less than ordinary difficulty;

(c) Scale 3 is for matters of ordinary difficulty or importance;

(d) Scale 4 is for matters of more than ordinary difficulty or importance;

(e) Scale 5 is for matters of unusual difficulty or importance.

(3) In fixing the appropriate scale under which costs will be assessed, the court may take into account the following:

(a) whether a difficult issue of law, fact or construction is involved;

(b) whether an issue is of importance to a class or body of persons, or is of general interest;

(c) whether the result of the proceeding effectively determines the rights and obligations as between the parties beyond the relief that was actually granted or denied.

(4) Where an order for costs has been made, or where, on a settlement, payment of assessed costs has been agreed to, but no scale has been fixed or agreed to, then the costs shall be assessed under Scale 3, unless a party, on application, obtains an order of the court that the costs be assessed under another scale.

Assessment of costs

3. (1) The value for each unit allowed on an assessment is as follows:

(a) Scale 1 — $20 for each unit;

(b) Scale 2 — $40 for each unit;

(c) Scale 3 — $60 for each unit;

(d) Scale 4 — $80 for each unit;

(e) Scale 5 — $100 for each unit.

(2) Where maximum and minimum numbers of units are provided for in an Item in the Tariff, the registrar has the discretion to allow a number within that range of units.

(3) In assessing costs where the Tariff indicates a range of units, the registrar shall have regard to the following principles:

(a) one unit is for matters upon which little time should ordinarily have been spent;

(b) the maximum number of units is for matters upon which a great deal of time should ordinarily have been spent.

Per diem rates

4. (1) Where in a Tariff Item a number of units is allowed for each day but the time spent during a day is not more than 2 1/2 hours, only 1/2 of the number of units shall be allowed for that day.

(2) Where in a Tariff Item a number of units is allowed for each day but the time spent during a day is more than 5 hours, the number of units allowed for that day shall be increased by 1/2 of the number.

(3) Where in a Tariff Item a number of units is allowed for preparation for an attendance but the time spent on the attendance is not more than 2 1/2 hours, only 1/2 of the number of units for preparation shall be allowed.

Uncontested matrimonial proceedings

5. In a divorce proceeding that has proceeded to judgment under Rule 60B (46) (a), or in a proceeding for judicial separation or annulment of marriage that is uncontested at trial on any issue except costs, the costs shall be assessed under Scale 2.

Uncontested foreclosure proceedings

6. In a proceeding under Rule 50, uncontested at the hearing on any issue except costs, the costs shall be assessed under Scale 2.

Increased costs

7. (1) Where the court determines that for any reason there would be an unjust result if costs were assessed under Scales 1 to 5, the court may, at any time before the assessment has been completed, order that costs be assessed as increased costs under subsection (2).

(2) Where costs are ordered to be assessed as increased costs, the assessing officer shall fix the fees that would have been allowed if an order for special costs had been made under Rule 57 (2), and shall then allow 1/2 of those fees, or a higher or lower proportion as the court may order, together with all proper expenses and disbursements.

Default judgment and process for execution

8. (1) Where judgment is entered upon default of appearance or of pleading, the costs shall be in accordance with Schedule 1.

(2) Where a writ of execution or garnishing order, or process in Forms 51 to 53, is issued, the costs shall be endorsed on the process and allowed in accordance with Schedule 2, instead of Item 32.

(3) The amount involved under subsection (1) is the amount for which the judgment is entered.

(4) The amount involved under subsection (2) is the amount payable, if any, that is endorsed on the process.

(5) In addition to the fees set out in Schedules 1 and 2, the costs of any application to the court relating to the process for execution may be ordered to be assessed under the Tariff.

Schedule 1

Item

1. Where the amount involved is

(a) less than $5 000.................................................................................................................................................................................................................... $100

(b) $5 000 or more, but less than $10 000.................................................................................................................................................................................... 125

(c) $10 000 or more, but less than $20 000.................................................................................................................................................................................. 175

(d) $20 000 or more, but less than $30 000.................................................................................................................................................................................. 225

(e) $30 000 or more, but less than $40 000...................................................................................................................................................................................275

(f) $40 000 or more, but less than $50 000................................................................................................................................................................................... 325

(g) $50 000 or more, but less than $60 000.................................................................................................................................................................................. 375

(h) more than $60 000................................................................................................................................................................................................................. 400

2. Where no amount is involved........................................................................................................................................................................................................... 200

3. And in addition, disbursements.

Schedule 2

Item

1. Where the amount involved is

(a) less than $5 000.................................................................................................................................................................................................................. $20

(b) $5 000 or more, but less than $10 000.................................................................................................................................................................................. 30

(c) $10 000 or more, but less than $20 000................................................................................................................................................................................ 40

(d) $20 000 or more, but less than $30 000................................................................................................................................................................................ 55

(e) $30 000 or more, but less than $40 000................................................................................................................................................................................ 70

(f) $40 000 or more, but less than $50 000................................................................................................................................................................................. 85

(g) $50 000 or more, but less than $60 000.............................................................................................................................................................................. 100

(h) more than $60 000............................................................................................................................................................................................................. 110

2. Where no amount is involved.......................................................................................................................................................................................................... 60

3. And in addition, disbursements.

Tariff

 

Item Description Units

Instructions and investigations
1Correspondence, conferences, instructions, investigations or negotiations by a party relating to a proceeding, whether before or after commencement, for which provision is not made elsewhere in this tariff.   Minimum
Maximum
1
10

2Instructions to an agent to appear at a trial, hearing, application, examination, reference, inquiry, assessment, or other analogous proceeding, where necessary or proper, and where held more than 40 km from the place where the instructing solicitor carries on business.    
1

Pleadings

3All process, for which provision is not made elsewhere in this tariff, for commencing and prosecuting a proceeding.   Minimum
Maximum
1
10

4All process, for which provision is not made elsewhere in this tariff, for defending a proceeding, and for commencing and prosecuting a counterclaim.   Minimum
Maximum
1
10

5All process for which provision is not made elsewhere in this tariff for commencing and prosecuting or defending a third party proceeding.   Minimum
Maximum
1
10

6Defence to counterclaim and, where necessary, reply.   Minimum
Maximum
1
10

Discovery

7Process for obtaining discovery and inspection of documents.   Minimum
Maximum
1
10

8Process for giving discovery and inspection of documents.   Minimum
Maximum
1
10

9Process for delivering interrogatories.   Minimum
Maximum
1
10

10Process for answering interrogatories.   Minimum
Maximum
1
10

11Process for obtaining admissions of fact where obtained or made.  Minimum
Maximum
1
3

12Making admission of facts.   Minimum
Maximum
1
5

13Preparation of accounts, statement of property or financial information where required by enactment or by order of court.   Minimum
Maximum
1
3

Examinations
14Preparation for examination of a person coming under Item 15
(a) by party conducting examination.
(b) by party being examined.
   
5
3

15Attendance on examination of a person for discovery, on affidavit, upon a subpoena to debtor, or in aid of execution, or of a person before trial under Rule 28 or 38, or any other analogous proceeding, for each day
(a) by party conducting examination.
(b) by party being examined.
   


8
6

Applications, Hearings and Conferences
16Preparation for an application or other matter referred to in Item 17, for each day of hearing where hearing commenced.    5

17Interlocutory application or other application for which provision is not made elsewhere in this tariff, and reference to or inquiry, assessment or accounting, or hearing before, or on appeal from, a master, registrar or special referee, with or without witnesses and whether before or after judgment, for each day.    
8

18Preparation for an application or other matter referred to in Item 19, for each day of hearing where hearing commenced.    5

19Hearing of proceeding including originating application, special case, proceeding on a point of law, interpleader or any other analogous proceeding, and applications for judgment under Rules 18,18A and 31 (6), for each day.    
8

20Preparation for attendance referred to in Item 21, for each day of attendance.    2

21Attendance before a registrar to settle an order or to assess costs, for each day.    6

22Preparation for attendance referred to in Item 23, for each day of attendance    5

23Attendance at a pre-trial, or settlement conference or a mini-trial, for each day.   Minimum
Maximum
1
8

Trial
24Preparation for trial, if proceeding set down for trial
(a) for each day of trial where trial commenced.
(b) where trial not commenced.
 
Minimum
Maximum
5
1
5

25Attendance at trial of proceeding or of an issue in a proceeding, for each day.    9

26Written argument where requested or ordered by the court.   Minimum
Maximum
1
10

27Attendance at the court for trial or hearing where party is ready to proceed and when trial or hearing not commenced.    3

28Attendance to speak to trial or hearing list.    1

Attendance at Registry
29Process for payment into or out of court.    1

30Process for setting down proceeding for trial or hearing.    1

31Process relating to entry of an order or a certificate of costs when Item 21 does not apply.    3

32All process, for which provision is not made elsewhere in this tariff, relating to execution upon or enforcement of an order, exclusive of any application to the court.    1

Miscellaneous
33Conduct of sale where property sold by order of court.   Minimum
Maximum
1
10

34Negotiations and process for settlement, discontinuance, or dismissal by consent of any proceeding if settled, discontinued, or dismissed by consent as a result of the negotiations.    5

35Making an offer to settle, or giving notice of payment into court under Rule 38.    1

36Travel by a solicitor to attend at any trial, hearing, application, examination, reference, inquiry, assessment, or other analogous proceeding where held more than 40 km from the place where the solicitor carries on business, for each day upon which solicitor travels.    
2

In addition, reasonable travelling and subsistence expenses shall be allowed as a disbursement.    

Appendix C

Schedule 1

Fees Payable to the Crown

(Unless otherwise provided by Statute)

 

   In the Court of Appeal $
1. For filing a notice of appeal or a notice of an application for leave to appeal 100.00
2. For filing an application to the Court of Appeal or a Justice of the Court of Appeal 50.00
3. For filing a certificate of readiness 100.00
4. For hearing an appeal, payable by the party who files the certificate of readiness, unless the court orders payment by another party, per day or part thereof after the first day 100.00
   In the Supreme Court of British Columbia
5. For commencing a proceeding in the Supreme Court not being an appeal under Rule 53 (6) or an application pursuant to section 71, 72, 74 or 78 of the Legal Profession Act 100.00
6. For filing an interlocutory application whether by motion or praecipe, or any other application for which a fee is not payable under this Schedule 20.00
7. For filing a notice of trial or hearing where proceedings are set down on the trial list 100.00
8. For hearing a proceeding set down on the trial list, payable by the party who files the notice of trial or hearing, unless the court orders payment by another party, for time spent after the first day
(a) per half day or less 50.00
(b) per day or any period less than a day but more than a half day 100.00
9. Filing of a written agreement as provided for in section 74.1 of the Family Relations Act 20.00
   Masters, Registrars and Special Referees
10. For filing an appointment for a hearing before a Master, Registrar or Special Referee for an inquiry, assessment or accounting, or to review a solicitor’s bill under the Legal Profession Act, or upon a reference from a court but not including a hearing, inquiry or reference under the Court Order Enforcement Act 15.00
11. For filing a certificate of the registrar under section 73 of the Legal Profession Act 10.00
   Probate, Administration and Resealing
12. In addition to the fee payable under item 5, for every grant or ancillary grant of probate and administration, and on every resealing under the Probate Recognition Act, but not on a grant de bonis non, a cessate grant, or a double probate, for each $1 000 or part thereof by which the gross value of all the real and personal property of the deceased situated in the Province which passes to the personal representative exceeds $25 000, whether disclosed to the court before or after the grant is issued or resealed, the sum of 4.00
No fee is payable under item 5 or this item to file for and obtain a grant of letters probate or administration where a person dies leaving an estate not exceeding $10 000 in value.
The fee payable under this item or item 5 shall be calculated on the values deposed to by or on behalf of a personal representative in the Statement of Assets, Liabilities and Distribution exhibited to the affidavit leading to the grant as required by the Rules of Court.
13. For filing a caveat 50.00
14. For issuing a citation 15.00
   Enforcement and Execution
15. For issuing a writ of execution, or a garnishing order before or after judgment, not including an application to the court 15.00
16. For issuing a subpoena to debtor 25.00
   Generally, in any Court
17. For taking or swearing an affidavit for use in the court except where

10.00

 (a) the deponent swears the affidavit in the course of his duties as a peace officer or as an agent or officer of the Province, or 
 (b) the affidavit is sworn for the purpose of enforcing a maintenance or support order  
18. For a search of a record, other than a search of a record of a proceeding by a party to that proceeding or his solicitor 2.00
19. For copies, per page 0.30
20. For typing, per page 2.00
21. For
(a) a certified copy of a document of record
  (i) for 10 pages or less 10.00
  (ii) for each additional page over 10 pages, per page 2.00
(b) issuing a certificate of judgment 10.00
(c) issuing a lis pendens or certificate not otherwise provided for 10.00
22. For each payment into or out of court, except in a proceeding to which item 1, 5 or 6 applies 15.00
23. For rental of a room for examination for discovery, per day 25.00
   Notwithstanding anything in this schedule, no fee is payable to the Crown by a person to commence, defend or continue a proceeding if the court, on summary application before or after the commencement of the proceeding, finds that the person is indigent 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.  

Schedule 2

Fees Payable to the Sheriff

 

    $
1.For service
(a) receiving, filing, serving on one person and returning any process together with an affidavit of service or attempted service 35.00
(b) each additional party served at the same address 5.00
(c) each additional party served not at the same address 10.00
2. For arrest or execution on goods and chattels
(a) every arrest, execution or similar writ or order 100.00
(b) attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each person involved 40.00
(c) commission on the sum realized or settled for
  (i) where that sum is $5 000 or less 10%
  (ii) where that sum is more than $5 000 but is less than $100 000 $500 plus 2 1/2% on the amount in excess of $5 000
  (iii) where that sum is $100 000 or over $2 875 plus 1% on the amount in excess of $100 000
3. For lien and recovery actions
(a) executing a lien other than a repairer’s lien or for recovering specific property other than land where the execution or recovery is accomplished in whole or in part 150.00
(b) attending, investigating, inventorying, cataloguing, taking possession, per hour for each person involved 40.00
4. For sale or possession of land
(a) executing order for sale or possession of land, in part or in whole 150.00
(b) commission on the sum realized or settled for, on the sale of land
  (i)where that sum is $5 000 or less 10%
  (ii)where that sum is more than $5 000 but is less than $100 000 $500 plus 2 1/2% of the amount in excess of $5 000
  (iii)where that sum is $100 000 or over $2 875 plus 1% of the amount in excess of $100 000
5. For arrest of ships
(a) for every warrant or order to arrest a ship, including release 150.00
(b) for each person in possession, per hour 40.00
6.For a search made by a sheriff including the certificate of result 10.00
7. For taking or swearing an affidavit for use in the court except where the deponent swears the affidavit in the course of his duties as a peace officer or as an agent or officer of the Province 10.00
8. In respect of each of the foregoing items except item 1 the sheriff shall be paid 40¢ for each kilometre travelled beyond a radius of 16 km from the sheriff’s office or court registry nearest to the place where service is effected, whichever is closer.
9.In respect of each of the foregoing items, all disbursements properly incurred.

Schedule 3

Fees Payable to Witnesses

 

  $
1.For each day travelling to and from or attending to give evidence 20.00
2.For attendance on examination for discovery or deposition examination 5.00
3.Travel allowance, where the hearing or examination is held at a place
(a) within 200 km by road (including any ferry route within the Provincial road system) of where the witness resides, 30¢ per km each way by road between his or her residence and the place of hearing or examination; provided that no travel allowance shall be made if the distance by road between that residence and the place of hearing or examination is less than 8 km. This allowance includes ferry fares and road tolls;
(b)more than 200 km from where the witness resides, the minimum return air fare by scheduled airline plus 30¢ per km each way from his or her residence to the departure airport and from the arrival airport to the place of hearing or examination.
4. A reasonable allowance for meal expenses made necessary by the witness— attendance, and where the witness resides elsewhere than the place of hearing or examination and is required to remain overnight, a reasonable allowance for overnight accommodation.
5.A reasonable sum shall be allowed for the time employed and expenses incurred by the witness in preparing to give testimony.

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