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APPENDICES

Appendix A

Forms


Form 1 (Rule 8 (3) )

No. .............................
.............................. Registry
[insert place of Registry where
proceeding commenced]

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(s) set out on the back of 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 within 7 days after service of this writ 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 plaintiff's address for delivery, which is set out on the back of 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 7 days, JUDGMENT MAY BE TAKEN AGAINST YOU without further notice.

Name and office address of plaintiff's solicitor (if any):

Plaintiff's address for delivery:

[Back]

The plaintiff's claim is ..........................................................................................................................................................[or set out a statement of claim in Form 11]

.........................................................................................
Plaintiff [or solicitor]

CERTIFICATE OF SERVICE BY SHERIFF

1, .............................................................................................., certify that on the ......... day of ............, 19...., at o'clock in the ..........noon, I served with a copy of this document by delivering it to him at [specify place of service].

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

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


Form 2 (Rule10 (2) )

[Style of Proceeding]

PRÆCIPE

Required
Dated, etc.

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


Form 3 (Rule 10 (3) )

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

In the Supreme Court of British Columbia

Re [state the person in respect of whom, or the corporation, the estate, or
other entity in respect of which the application is made
]

PETITION

[Name and address of each petitioner]

[Name and address of each person to be served]

To [names and addresses of persons to be served]:

TAKE NOTICE that the petitioner hereby applies to the Court for an order that [state the relief sought and the rule or other enactment relied upon].

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

And further take notice that on the hearing of this petition will be read the affidavit(s) of [state names], copies of which are served herewith.

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 within 7 days of the service of this petition 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 petitioner's address for delivery.

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

.................................................................................................
Petitioner [or petitioner's solicitor]

Name and office address of petitioner's solicitor (if any):

Petitioner's address for delivery:


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

.............................................................................................
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 (2 )

CERTIFICATE OF SERVICE BY SHERIFF

1, .............................................................., certify that on the ........... day of ..........................................., 19....., at ......... o'clock in the .........noon, I served................................... .................................................... with a copy of this document by delivering it to him at [specify place of service].

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)

..................................................................................................
Defendant [or his solicitor]

NOTICE TO DEFENDANT ENTERING THE APPEARANCE

Rule 21 (5) provides that where a defendant has entered an appearance he shall file and deliver his 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.

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 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 war previously acting personally, omit reference to previous solicitor].

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

...................................................................................
New solicitor

Office address of new solicitor:
Party's address for delivery:


Form 9 (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:


Form 10 (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 ......................................................................................... .

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

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


Form 11 (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

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


Form 12 (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 . . .

..................................................
Defendant [or defendant's solicitor]


Form 13 (Rule 21 (6) )

[Style of Proceeding]

COUNTERCLAIM

[Set out allegations of fact in numbered paragraphs]

1 . . .

2 . . .

The defendant claims:

(a) . . .

(b) . . .

..................................................
Defendant [or defendant's solicitor]

To the plaintiff.


Form14 (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, a copy of which is attached. The defendant's defence is set out in his 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 within 7 days after service of this 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 address for delivery of the defendant ..........................................., 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" within 7 days, JUDGMENT MAY BE TAKEN AGAINST YOU without further notice.

.......................................................................................................
Defendant [or defendant's solicitor]

Name and office address of defendant's solicitor:
Defendant's address for delivery:


Form 15 (Rule 22 (1) )

[Style of Proceeding]

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 statement of defence, a copy of which is also attached [and, where applicable].

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 7 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 7 days, JUDGMENT MAY BE TAKEN AGAINST YOU without further notice.

..................................................................................
Defendant [or defendant's solicitor]

Name and office address of defendant's so1icitor:
Defendant's address for delivery:


Form 16 (Rule 23 (1) )

[Style of Proceeding]

REPLY

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

................................................................................................
Plaintiff [or Plaintiff's Solicitor]


Form 17 (Rule 23 (4) )

[Style of Proceeding]

STATEMENT OF DEFENCE TO COUNTERCLAIM

The plaintiff denies [specify].

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

WHEREFORE THE PLAINTIFF SUBMITS . . .

.........................................................................................
Plaintiff [or Plaintiff's Solicitor]


Form 18 (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 Supreme Court Rules reproduced on the back of this appointment.

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

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

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

.......................................................................................................
Party [or his solicitor]

[Back]

Supreme Court Rules 2 (5) and 56 (4) 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 examination for discovery,

the Court

(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 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, may order the proceeding to continue as if no appearance had been entered. (MR 363, 375ss, 490; ER 24/16, 35/1.)

"[56] (4) A person who is guilty of an act or omission described in Rule 2 (5), or Rule 40 (16), 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 19 (Rules 28 (5), 38 (3), 40 (31), 40 (36) )

[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 Supreme Court Rules reproduced on the back of this subpoena.

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

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

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

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

[Back]

Supreme Court Rules 2 (5) and 56 (4) 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 examination for discovery,

the Court

(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 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, may order the proceeding to continue as if no appearance had been entered. (MR 363, 370ss, 490; ER 24/16, 35/1.)

"[56] (4) A person who is guilty of an act or omission described in Rule 2 (5), or Rule 40 (16), 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 20 (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
]

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


Form 21 (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 10 days after delivery of a copy of this notice to him, then the truth of the facts and the authenticity of the documents shall be deemed to be admitted.

................................................................................
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 22 (Rule 32 (6), 57 (2 )

[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].

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

To [party]

TAKE NOTICE of the above appointment.

....................................................................
Party [or his solicitor]


Form 23 (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.

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

Name and address for delivery of each party:


Form 24 (Rule 36 (1) )

[Style of Proceeding]

NOTICE OF DISCONTINUANCE

TAKE NOTICE that the..................................................................................................... discontinues this proceeding against

.........................................................................................
Party [or his solicitor]

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

 


Form 25 (Rule 36 (3) )

[Style of Proceeding]

NOTICE OF WITHDRAWAL

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

Dated, etc.

...........................................................................................
Defendant [or defendant's solicitor]

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

 


Form 26 (Rule 37 (7), 57 (14) )

[Style of Proceeding]

NOTICE OF PAYMENT IN

TAKE NOTICE that ....................[party] has paid into Court $................, of which [allocate amount paid in with respect to party for whom and the claim or claims in respect of which payment is made].

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


Form 27 (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.

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


Form 28 (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:

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

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.

That I am entitled to payment of the funds.

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) $ .....................................................................................................

 

Date ......................................... ..............................................................
Signing Officer

 


Form 29 (Rule 38 (5) )

[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 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 he 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 hereunder 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 therein, 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 30 (Rule 38 (5) )

[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 answers, so help you God?

...................................................................................
Party [or his solicitor]


Form 31 (Rule 38 (5) )

[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 32 (Rule 38 (5) )

[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 him 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 him:

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

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


Form 33 (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 ...................................................................................................

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


Form 34 (Rule 39 (12) and (15) )

[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. The pleadings are closed.

3. I have completed all of the examinations for discovery which I intend to conduct in this action.

[Or]

3. I expect to complete all examinations for discovery which I intend to conduct in this action and to submit to the Registry at least 60 days before the trial date proof of having done so.

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

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

..........................................................................................
Solicitor for [party]


Form 35 (Rule 39 (19 )

[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.

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


Form 36 (Rule 40 (9) )

[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]:

.......................................................................................
Party [or his solicitor]


Form 37 (Rule 40 (14) )

[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 pursuant to Rule 40 (14).

............................................................................
Party [or part''s solicitor]


Form 38 (Rule 40 (38) )

[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 forthwith before the Court at ......................................................................... and thereafter deal with him as directed.

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

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


Form 39 (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 40 (Rule 41 (9) )

[Style of Proceeding]

ORDER

BEFORE THE HONOURABLE MR. JUSTICE

) ............day, the ...............
  ) day of ....................,19.... .

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

THIS COURT ORDERS that

By the Court.

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


Form 41 (Rule 41 (18) )

[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 the Honourable Mr. Justice ........................, pronounced on the .......... day of .................., 19...., in this proceeding.

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

To [party]

TAKE NOTICE of the above appointment.

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

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

 


Form 42 (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 from the amount realized the sum or sums that are payable to the person specified on the back of this writ and account therefor by return to the Court.

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

[Back]

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

Amount remaining due and payable on judgment:

Amount of interest on judgment remaining due and payable:

Amount of costs remaining due and payable:

Sheriff's costs [to be filled in by Sheriff]:

Total [to be filled in by Sheriff]:

Identity of person entitled to payment of judgment:

 


Form 43 (Rule 42 (2), 42 (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 real and personal estate and keep the same under sequestration in your hands until the said ...................................... shall satisfy you that he has complied with the order attached hereto and has paid your costs, fees, and expenses for executing this writ.

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


Form 44 (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 legal description of land]:

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 your costs, fees, and expenses for executing this writ.

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


Form 45 (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 your costs, fees, and expenses for executing this writ.

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


Form 46 (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 your 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.

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


Form 47 (Rule 42 (23) )

[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)

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


Form 48 (Rule 42 (27) )

[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, you may be committed to prison without further notice.

.......................................................................
Creditor [or his solicitor]

Address of creditor or his solicitor:

[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 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.

 


Form 49 (Rule 42 (39) )

[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.

.................................................................................................
Creditor [or his solicitor]

Address of creditor or his solicitor:

[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 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.

 


Form 50 (Rule 42 (40) )

[Style of Proceeding]

BEFORE THE HONOURABLE [etc. as in Form 39]

ORDER OF COMMITTAL

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 forthwith before this Court at [place] and, unless otherwise ordered, to deliver him to the Warden of [name of prison]:

AND FURTHER ORDERS the Warden to receive [person to be committed] and to keep him for .......... days from his arrest under this order or until he 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 arrest
]



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

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 custody, then this order will be discharged.

 


Form 51 (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], hereby 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 52 (Rule 44 (3) )

[Style of Proceeding]

NOTICE OF MOTION

To [party]:

TAKE NOTICE that an application will be made by .............................. 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 . . .

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


Form 53 (Rule 44 (13) )

[Style of Proceeding]

CONSENT

Pursuant to Rule 44 (13), THE PARTIES HERETO CONSENT to [party] [set out matter consented to]

Consented to:

.............................................................................
Party [or his solicitor]

..............................................................................
Party [or his solicitor]

LEAVE TO FILE THIS CONSENT GIVEN this ................ day of ......................, 19.... .

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


Form 54 (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 he has already received since the date of the order appointing him and shall hereafter receive or for what since the date of the order he 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 his 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 his 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 his 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 its 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 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 than 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 his 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 him.

6. The Receiver and his 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 hand and seal and the Surety has caused its Common Seal to be affixed the ............. day of.........................., 19.... .

SURETY [SEAL]

RECEIVER [SEAL]

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 55 (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, etc.

..............................................................................
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, etc.

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

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

 


Form 56 (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

Dated, etc.

.....................................................................................
Party [or his solicitor]

To [the person or body appealed from]

And to [all other persons who may be affected]

 


Form 57 (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 he understands the ....................... language.

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

Dated, etc.

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


Form 58 (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.

..........................................................
Party [or his solicitor]


Form 59 (Rule 54 (3) )

[Style of Proceeding]

ORDER GRANTING LEAVE TO REGISTER FOREIGN JUDGMENT
(Reciprocal Enforcement of Judgments Act)

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 has notice of it.

By the Court.

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


Form 60 (Rules 56 (5),56 (6) )

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 forthwith before the Court at the Courthouse at .................................., and thereafter deal with him as directed.

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

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


Form 61 (Rules 57 (13) )

[Style of Proceeding]

OFFER TO SETTLE

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

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

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


Form 62 (Rule 57 (13) )

[Style of Proceeding]

REVOCATION

TAKE NOTICE that the plaintiff revokes his offer to settle date the ............. day of........................................, 19... .

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

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


Form 63 (Rule 57 (17) )

[Style of Proceeding]

CONSENT TO JUDGMENT

The defendant ......................... CONSENTS to entry of judgment against him in the sum of $..............., and costs to be taxed, in respect of the plaintiff's claim for [specify the claim or part of claim in respect of which judgment is consented to].

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


Form 64 (Rule 57 (21) )

[Style of Proceeding]

BILL OF COSTS OF [party]
Amount Involved, $..................

Item [list the items claimed, according to the tariff of costs]:

Subtotal ......................................................

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

Increase, if any, permitted by tariff ........

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

 

 

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

Disbursements [list taxable disbursements]:

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

 

Total ......................................................

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

Taxed off ....................................................

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

 

Allowed at ..................................................

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

 

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


Form 65 (Rule 57 (25) )

[Style of Proceeding]

CERTIFICATE OF COSTS

I CERTIFY that on [date], [party] has been awarded costs against [party] in the sum of $.......... .

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

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

 


Form 66 (Rule 61 (3) )

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

In the Supreme Court of British Columbia
__________

Re the Estate of ......................................., Deceased

AFFIDAVIT OF EXECUTOR

I, [name, address, and occupation of executor], MAKE OATH AND SAY:

1. That the particulars of the death of the above-mentioned deceased and the making by him of a testamentary document [or documents] is accurately set forth in the schedule to this affidavit.

2. I verily believe the paper writing marked "Exhibit A" to this affidavit to be and contain the true and original last will and testament of the deceased, including any codicil thereto.

3. That I am the sole executor named in the said will.

4. That I will administer according to law all the estate which by law devolves to and vests in the personal representative of the deceased.

5. That I will exhibit a true and perfect inventory of the estate and render a just and true account thereof whenever required by law so to do.

SWORN BEFORE ME at the ..................... )
of ..................................., in the Province of )
..................................., this ............... day of )
..................., 19.... .

...................................................
A Commissioner, etc.

SCHEDULE

Name of deceased:
Place of last residence:
Occupation:
Date of death:
Place of death:
Date of will:
Date of codicils, if any:


Form 67 (Rule 61 (3) )

[Style of Proceeding]
[as in Form 66]

AFFIDAVIT OF ADMINISTRATOR

I, [name, address, and occupation of deponent], MAKE OATH AND SAY:

1. That the particulars as to the death of the above-mentioned deceased and of his heirs-at-law are as set out in the schedule to this affidavit.

2. That I have made diligent and careful search in all places where the deceased usually kept his documents in order to ascertain whether he had or had not left any will, and that I have been unable to discover one and I verily believe the deceased died without having left any will, codicil, or testamentary paper whatsoever.

3. That I will administer according to law all the estate which by law devolves to and vests in the personal representative of the deceased.

4. That I will exhibit a true and perfect inventory of the estate and render a just and true account thereof whenever required by law so to do, and that the whole of the estate passing to the personal representative amounts in value to the sum set out in the schedule to this affidavit and no more, to the best of my knowledge, information, and belief.

5. That I have personal knowledge of the affairs of the deceased and I have made diligent and careful search in the deceased's papers, records, and effects and in all places where he usually kept his documents in order to ascertain whether or not he had or had not any debts, liabilities, business matters, or other dealings or whether there are any debts for which his estate is or may be liable, and I verily believe that the deceased died without having left any debts or liabilities [add, where applicable] other than those set out in the schedule to this affidavit.

SWORN, etc.

SCHEDULE

Name of deceased:
Place of last residence:
Occupation:
Date of death:
Place of death:
Names of all heirs at law and kinship to the deceased: [name] [relationship]
Relationship of applicant to deceased:
Value of estate [excluding value of assets not passing through the hands of the personal representative]:
Debts and liabilities [set out particulars and total]:

 


Form 68 (Rule 61 (3) )

[Style of Proceeding]
[as in Form 66]

AFFIDAVIT OF ADMINISTRATOR APPLYING FOR
ADMINISTRATION WITH WILL ANNEXED

I, [name, address, and occupation of deponent], MAKE OATH AND SAY:

1. That the particulars of the death of the above-mentioned deceased and the making by him of a testamentary document [or documents] is accurately set forth in the schedule to this affidavit.

2. I verily believe the paper writing marked "Exhibit A" to this affidavit to be and contain the true and original last will and testament of the deceased, including any codicil thereto.

3. That no person is presently entitled and willing to act as executor of the will, for the reason set out in the schedule to this affidavit.

4. My relationship to the deceased or my interest in the estate and the names of all persons entitled to share in the estate and their entitlement are as set out in the schedule.

5. That any consent or renunciation referred to in the schedule is annexed to this affidavit.

6. That I will administer according to law all the estate which by law devolves to and vests in the personal representative of the deceased.

7. That I will exhibit a true and perfect inventory of the estate and render a just and true account thereof whenever required by law so to do and that the whole of the estate passing to the personal representative amounts in value to the sum set out in the schedule to this affidavit and no more, to the best of my knowledge, information, and belief.

8. That 1 have personal knowledge of the affairs of the deceased and I have made diligent and careful search in the deceased's papers, records, and effects and in all places where he usually kept his documents in order to ascertain whether or not he had or had not any debts, liabilities, business matters, or other dealings or whether there are any debts for which his estate is or may be liable, and I verily believe that the deceased died without having left any debts or liabilities other than those set out in the schedule to this affidavit.

SWORN, etc.

Schedule

Name of deceased:
Place of last residence:
Occupation:
Date of death:
Place of death:
Date of will:
Date of codicils (if any):
Relationship of applicant to deceased:
Value of estate [excluding value of assets not passing through the hands of the personal representative]:
Debts and liabilities [set out particulars and total]:
Reason why no person is entitled and willing to act as executor:
Names of all persons entitled to share in the estate and entitlement:
Consents and renunciations attached:
Names of all beneficiaries and heirs-at-law:

 

Form 69 (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 ...............(Day) ........................(Month) ........................(Year)

...................................................
Applicant [or 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 70 (Rule 61 (25) )

[Style of 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 him, 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 possession, control, or knowledge, or into the possession or control of any other person for him,

(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 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 the ........... day of ......................., 19.... .

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

 


Form 71 (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 him, 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 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 possession, control, or knowledge, or into the possession or control of any other person for him,

(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 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 the ........... day of ......................., 19.... .

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

 


Form 72 (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)].

...................................................
Caveator [solicitor for caveator]

...................................................
Address for delivery of caveator


Form 73 (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.

...................................................
Person issuing notice [or his solicitor]


Form 74 (Rule 61 (44) )

[Style of Proceeding]

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

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 or 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 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.

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


Form 75 (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].

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


Form 76 (Rule 61 (45) )

[Style of Proceeding]

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

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 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.

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


Form 77 (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].

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

 


Form 78 (Rule 61 (46) )

[Style of Proceeding]

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

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 my office at the Courthouse at .................... and leave with me 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 my office an affidavit to that effect and setting forth what knowledge you may have respecting any testamentary document signed by ..............................., deceased.

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

 


Form 79 (Rule 61 (46) )

[Style of Proceeding]

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

SUBPOENA

To [name and address]:

You are ordered to attend at my 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]:

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

 


Form 80 (Rule 61 (52) )

[Style of Proceeding]

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

AFFIDAVIT TO LEAD TO RESEALING OF GRANT

I, .............................., of ..........................., make oath and say:

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

2. That a grant of probate of the will [or letters of administration of the estate, or as the case may be] of ........................., the deceased, was granted to me [or as the case may be] by [Court] on the .............. day of .........................., 19.... .

3. That I am the attorney of ........................, lawfully appointed under his hand and seal, and authorized to apply to this Court for the resealing of the grant [strike out this paragraph if inapplicable].

4. That the whole of the estate of the deceased in the Province of British Columbia passing to the personal representative amounts in value to the sum of $.................. and no more, to the best of my knowledge, information, and belief.

SWORN, etc.

 


Form 81 (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 82 (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 my 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 me.

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

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

Appendix B

TARIFF OF COSTS BETWEEN PARTY AND PARTY IN ANY ACTION, CAUSE, OR PROCEEDING IN THE SUPREME COURT OF BRITISH COLUMBIA AND IN ANY APPEAL OR PROCEEDING IN THE COURT OF APPEAL (EXCEPT WHERE A SPECIAL TARIFF IS PRESCRIBED UNDER ANY STATUTE), EXCLUSIVE OF DISBURSEMENTS BUT INCLUSIVE OF ALL ALLOWANCES TO COUNSEL AND SOLICITORS

1. In all actions, causes, proceedings, and appeals in which the amount involved can be determined, the costs shall be taxed as follows:

(a) Where the amount involved is $3,000 or under, the costs shall be taxed on the basic tariff hereunder:

(b) Where the amount involved exceeds $3,000 but does not exceed $30,000, costs shall be taxed on the basic tariff hereunder and the amount so taxed shall be increased by 7 per cent thereof for each $1,000 or part thereof by which the amount involved exceeds $3,000:

(c) Where the amount involved exceeds $30,000 and the trial or hearing does not exceed two days, costs shall be taxed on the basic tariff hereunder and the amount so taxed multiplied by three. Where the trial or hearing takes longer, costs shall be taxed as though it took two days, but there shall be added to the amount so taxed an additional allowance of $200 per day for whichever of item 22, 23, or 39 is applicable for each day of the trial or hearing beyond two.

2. Where no amount is involved or where the amount involved cannot be determined, costs shall be taxed on the basic tariff hereunder and the amount so taxed shall be increased by 50 per cent thereof.

3. In divorce and matrimonial causes, costs shall be taxed on the basic tariff and the 50-per-cent increase authorized in the next preceding provision hereof shall not be allowed unless the Court or Judge so orders.

4. Provided, however, that in the following cases the Court or a Judge may, at any time before taxation in all actions, causes, proceedings, and appeals where the amount involved can be determined, order the costs to be taxed as though a greater amount, which shall be specified in the order, were involved, and, where no amount is involved or where the amount involved cannot be determined, order the costs to be taxed as though an amount specified in the order were involved

(a) where some difficult point of law or construction is involved;

(b) where the question litigated is of importance to some class or body of persons;

(c) where the question litigated is of general or public interest;

(d) where the result of the action or counterclaim is in effect determinative of rights between the parties beyond the relief actually recovered or denied in the action or counterclaim;

or in any other case for special reason.

 

BASIC TARIFF

 

Amount $

1. 

Letters, interviews, and instructions before the commencement of any cause or matter

10.00

2. 

Process for commencement of any cause or matter including writ or other originating proceeding, statement of claim, and all particulars and amendments in the discretion of the Registrar —

 

(a)

Maximum

75.00

(b)

Minimum

35.00

3. 

Defendant's costs for instructions and process in opposition to proceedings under item 2, including defence, counterclaim, answer, or similar process, and including particulars and amendments in the discretion of the Registrar —

 

(a)

Maximum

75.00

(b)

Minimum

35.00

4. 

Proceedings for judgment where no defence filed, applications under Order XIV, and necessary motions for judgment

40.00

5. 

All process for third-party procedure

50.00

6. 

Reply where necessary and (or) defence to counterclaim

25.00

7. 

Fee for each motion or application not elsewhere provided for (exclusive of simple adjournments) for each half-day or less in the discretion of the Registrar —

 

(a)

Maximum

50.00

(b)

Minimum

20.00

(This item shall include motions and applications made after as well as before judgment has been entered, and appeals from a Registrar to a Judge.)

 

8. 

Payment into and out of Court

10.00

9. 

Pre-trial conference for each half-day or less, in the discretion of the Registrar —

 

(a)

Maximum

50.00

(b)

Minimum

25.00

10. 

All process for discovery and inspection of documents

20.00

11. 

Fee for attending on examination of any party for discovery, cross-examination on affidavits, examination in aid of execution, and examination of witness de bene esse or on commission, for the first two hours or any part thereof

30.00

For each subsequent hour or any part thereof

15.00

12 .

All proceedings for obtaining and answering interrogatories, exclusive of applications for leave to deliver same

15.00

13 .

Proceedings relating to admission of facts where admissions made or obtained

15.00

14 .

Defendant's costs for all services where cause discontinued before defence or answer

30.00

15 .

Subject to the last preceding paragraph, all process relating to settlement and discontinuance of any cause or matter to be taxed only if settled pursuant thereto

35.00

16 .

Taking of accounts and inquiries, references, and assessment of damages by the
Registrar —

 

(a)

Where witnesses heard, per diem

75.00

(b)

Where witnesses not heard, for each half-day or less

35.00

17. 

Conduct of sale where property sold by order of the Court

30.00

18. 

All process relating to the setting-down of cause or matter for trial or hearing, including record for Judge

25.00

19. 

Preparation for trial or hearing with witnesses to be allowed only if action or proceeding set down, inclusive of taking minutes of evidence of witnesses

100.00

20. 

Preparation for trial or hearing without witnesses to be allowed only if action or proceeding set down

50.00

21. 

Preparation for motions and applications and hearings before the Registrar, in the discretion of the Registrar —

 

(a)

Maximum

50.00

(b)

Minimum

15.00

22 .

Trial or hearing of cause or matter where no witnesses called, including special or stated case, originating notice, application to the Court or a Judge under a statute, proceedings under Order LIX, argument on point of law, arbitrations, hearing of appeal from inferior tribunal or statutory, professional, or other body, hearing of assessment appeal, and all other analogous matters, inclusive of counsel fees, for each half-day or less

50.00

23 .

Trial or hearing of cause or matter where witnesses called, including originating notice, application to the Court or a Judge under a statute, proceedings under Order LIX, arbitrations, hearing of appeal from inferior tribunal or statutory, professional, or other body, hearing of assessment appeal, and all other analogous matters, inclusive of counsel fees, per diem

100.00

24 .

Preparation of written argument requested or authorized by the Court or Judge in the discretion of the Registrar —

 

(a) 

Maximum

100.00

(b)

Minimum

25.00

25. 

Costs of the day, when trial not commenced and when ordered, exclusive of disbursements

35.00

26. 

All process relating to the signing of judgment after trial, hearing, or appeal, including attendance to hear judgment, drafting minutes, settlement of same

25.00

27.

Taxation of costs for each half-day or less —

 

(a)

Maximum

35.00

(b)

Minimum

15.00

28. 

All process under Attachment of Debts Act when no issue tried or heard

15.00

Where an issue is tried or heard, the costs of such issue, including the costs of the application upon which such issue was directed (if any), shall be taxed under the appropriate items as in an action.

 

29. 

(1) 

Applicant's costs of interpleader proceedings

35.00

(2)

Claimant's costs of interpleader proceedings when no issue tried

35.00

(3)

Claimant's costs where issue tried or heard, including the costs of the application on which such issue was directed (if any), shall be taxed under the appropriate items as in an action

 

30. 

Correspondence between solicitor and agent, where proceedings carried on in registry elsewhere than where solicitor carries on business

20.00

31. 

Correspondence with client or his agent, where client or agent and solicitor reside in different places

20.00

32. 

Instructions to agent for examinations coming under item 11 held elsewhere than where solicitor carries on business

15.00

33. 

Preparing and issuing writ of fieri-facias or other writ of execution, exclusive of any application to Court or Judge

10.00

34. 

Fee advising appellant on appeal inclusive of notice of appeal and advising respondent if notice of appeal filed —

 

(a)

Interlocutory appeal

50.00

(b)

Other appeals

75.00

35. 

Cost of preparation of appeal books and factums may be included in the bill of costs as a disbursement and allowed at a reasonable amount, in the discretion of the Registrar, such amount not to exceed the charges authorized for Official Court Reporters.

 

36. 

Fee approving appeal books, including application to Registrar to settle

15.00

37. 

Fee revising and settling factum, including preparation for appeal

100.00

38. 

Where no factum, preparation for appeal —

 

(a)

Interlocutory appeal

35.00

(b)

Other appeals

50.00

39. 

Conduct of appeal, including counsel fees, per diem

100.00

40. 

Attendance of out-of-town counsel (for one counsel only) on first day of sitting and also while case is on peremptory list, not exceeding three days, exclusive of the day the hearing commences, per diem

30.00

41. 

In addition to the fees allowed under items 39 and 40, there shall be allowed to out-of-town counsel for expenses $20 per diem plus reasonable travelling expenses.

 

In all actions, causes, proceedings, and appeals in which the items in the above tariff apply, the maximum amount of costs taxable by any party against any other party, exclusive of disbursements and allowances under items 35 and 41, shall not exceed the sums hereinafter set out; provided that where the costs, exclusive of disbursements and allowances under items 35 and 41, of any party have been reduced by reason of the application of the maximum allowances hereinafter set forth, any costs, exclusive of disbursements and allowances under items 35 and 41, which are to be deducted from or set off against the costs which have been so reduced shall be reduced in the same proportion.

 

 

Maximum Costs $

1. 

Where action settled before defence or answer or judgment obtained in default of appearance, exclusive of interlocutory applications —

 

$10,000 or under

50.00

Over $10,000

75.00

2. 

Where judgment obtained in default of defence and no motion for judgment is
necessary —

 

$10,000 or under

75.00

Over $10,000

100.00

3. 

Where judgment obtained after trial or hearing analogous thereto —

 

$3,000 or under

500.00

Over $3,000 but not exceeding $30,000

525.00

Plus $75 for each $1,000 or part thereof by which amount involved exceeds $3,000.

 

4. 

In any appeal to the Court of Appeal —

 

$3,000 or under

500.00

Over $3,000 but not exceeding $30.000

525.00

Plus $75 for each $1,000 or part thereof by which amount involved exceeds $3,000.

 

5. 

Where no amount involved or where the amount involved cannot be determined

1,000.00

6. 

Where Rule 57 (18) applies —

 

$3,000 or under

$1,000.00

Over $3,000 but not exceeding $30,000

1,050.00

Plus $150 for each $1,000 or part thereof by which amount involved exceeds $3,000.

 

7. 

Where the amount involved exceeds $30,000 there is no maximum amount of taxable costs.

 

Appendix C

Schedule I

Fees Payable to the Crown

(Unless otherwise provided by Statute)

 

$

1. 

Commencement of any action or proceeding in Court or Chambers by writ, petition, notice of motion, or otherwise, and filing notice of appeal in the Court of Appeal

30.00

2. 

Hearing fee for any matter in Supreme Court or Court of Appeal (other than in Chambers), for each additional day or part thereof after the fifth day

$30.00

3. 

Any search
No search fee payable by parties to a proceeding or their solicitors.

1.00

4. 

(a)

Photostatic copies per page

.20

(b)

Typing per page of three folios

1.00

(c)

Certifying as a true copy any document of record for each 10 pages or portion thereof

5.00

5. 

Payment into or out of Court (except in any proceeding to which item 1 applies)

2.00

6. 

For issuing any certificate requiring the seal of the Court

5.00

Schedule 2

Fees payable to the Sheriffs

 

$

1.

Service

(a)

Receiving, filing, serving on one person and returning any process together with an affidavit of service or attempted service

15.00

(b)

Each additional party served at the same address

3.00

(c)

Each additional party served not at the same address

5.00

2.

Arrest or Execution on Goods and Chattels

(a)

Every arrest, execution, or similar writ or order

30.00

(b)

Attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each person involved

7.50

(c)

Commission on the sum realized or settled for

10 per cent

3.

Lien and Replevin Actions

(a)

Executing any lien or replevin order, either wholly or in part, including approving a bond or other security and assigning the same

50.00

(b)

Attending, investigating, inventorying, cataloguing, taking possession, per hour for each person involved

7.50

4.

Order for Sale or Possession of Land

(a)

Executing order for sale or possession of land, in part or in whole

50.00

(b)

Commission on the sum realized or settled for, on the sale of land

5 per cent

5.

Arrest of Ships

(a)

For every warrant or order to arrest a ship, including release

50.00

(b)

For man in possession, per hour

7.50

6.

In respect of each of the foregoing items the sheriff shall be paid for his attendance, time involved, and transportation, an additional fee of 50 cents for each mile travelled beyond a radius of 15 miles from the sheriff's office.

7.

Search and Certificate

For every search made by sheriff and certificate of result 5.00

8.

Disbursements

In every case all disbursements properly incurred.  

Schedule 3

Fees Payable to Witnesses

 

 

$

A.

Generally.

 

1. 

For each day travelling to and from, or attending to give evidence

6.00

2. 

For attendance on examination for discovery or deposition examination

2.00

3. 

Barristers, solicitors, physicians, and surgeons, when called upon to give evidence in consequence of any professional service rendered by them, or to give professional opinions, each day

7.00

4. 

Architects, engineers, chartered accountants, and surveyors, when called upon to give evidence of any professional service rendered by them, or to give evidence depending upon their skill or judgment, each day

7.00

5. 

If the witnesses attend in one proceeding only they will be entitled to the full allowance.

 

If they attend in more than one proceeding they will be entitled to a proportionate part in each proceeding only.  

Reasonable and necessary travelling and lodging expenses of witnesses residing over 3 miles from the Court attended shall be allowed, but in no case shall travelling expenses exceed 20 cents a mile one way.

 

The expenses for maps, plans, or other documents, if necessary and allowed by the Court at the trial or afterwards, shall be allowed according to their actual and reasonable costs, corresponding as nearly as possible to other charges in this Schedule.

 

In cases where professional or scientific witnesses are called or subpoenaed a reasonable sum shall be allowed for the time employed and expenses incurred by the witness in preparing himself to give the testimony expected from him.

 

B. 

To Witnesses for the Crown.

 

In case of a prosecution or trial in any Court of Oyer and Terminer and General Gaol Delivery, the Registrar may pay to anyone who attends on recognizance or subpoena, or on the request of the Crown Counsel, to give evidence, or who gives evidence on the part of the Crown, such sum of money as to the Registrar seems reasonable and sufficient to compensate him for his costs and charges in attending as a witness, but the sum shall not exceed the following:

 

1. 

To witness, other than a police officer, for each day travelling to and from, or attending to give evidence

6.00

2. 

To barristers, solicitors, physicians, surgeons, engineers, chartered accountants, and surveyors, when called upon to give evidence of, or in consequence of, any professional service rendered by them, or to give professional opinions or evidence depending upon their skill or judgment, each day

7.00

3. 

Reasonable and necessary travelling and lodging expenses of witnesses residing over 3 miles from the Court attended shall be allowed, but in no case shall travelling expenses exceed 20 cents a mile one way.

 

4. 

The Crown shall not pay fees to witnesses in the case of an indictment or information by a private prosecutor for the publication of a defamatory libel.

 

5. 

A witness may not require payment of any sum of money previous to the determination of the prosecution or trial at which he attends as a witness.

 

Schedule 4

Tariff of Costs Between Solicitor and Client

 

 

$

1.

Conferences or consultations, attending to receive instructions, inter- viewing witnesses, per hour, up to

35.00

2.

Attendance to inspect documents, search in office of record

10.00

Or per hour, up to

25.00

3.

Telephone attendances

2.50

Or in conference or consultation, per hour, up to

35.00

4.

Ordinary attendance at Court Registry, or to issue or file process, or to serve or receive service, or at Land Registry Office to lodge application

2.50

Or per half-hour, up to

10.00

5.

Attending to make or take declaration, affidavit, or acknowledgment

1.50

And for marking exhibits, each

.50

6.

Necessary letters or telegrams

3.00

Or if special, up to

25.00

7.

Perusing letters or telegrams on receipt

1.00

Or if special, up to

10.00

8.

Drawing. revising, and settling writs of summons, petitions, notices of motion. pleadings, special or stated cases, interrogatories, cross-interrogatories, interpleader, garnishee or other issues, orders, judgments, accounts, affidavits, bills of costs, and process not otherwise provided for

10.00 to 100.00

Provided that where accounts are lengthy the Registrar may allow such fee as appears proper.

 

9.

Drawing any document in fixed form: e.g., appearance, notice thereof, demand for discovery, Registrar's appointment, etc.

2.50

10.

Completing any printed form in common use

5.00 to 25.00

11.

Drawing, revising, and settling wills, contracts, agreements, deeds, and similar documents of an important nature

15.00 to 50.00

Or per hour, up to

35.00

12.

Necessary copies of any document, per page

.30

13.

Perusing any document where necessary, per page

1.00

Or per hour, up to

35.00

14.

Preparation for making or opposing any ordinary application to the Court or a Judge for examination for discovery, hearing before Registrar, pre-trial conference, etc., in the discretion of the Registrar —

 

Minimum

25.00

Maximum

200.00

15.

Ordinary motions and applications to Court or Judge —

 

Opposed, for each half-day or less, up to

175.00

Minimum, for each half-day or less

50.00

Unopposed, for each half-day or less, up to

35.00

Minimum, for each half-day or less

20.00

16.

Attending on pre-trial conference, examination for discovery, examination of witnesses de bene esse, or on commission, per hour, up to

35.00

17.

Advising on pleadings of opposite party, on contents of documents, etc.

10.0 to 25.00

Or per hour, up to

35.00

18.

Preparation for trial or hearing of cause or matter without witnesses —

 

Minimum

50.00

Maximum

200.00

19.

Counsel fee on trial or hearing of cause or matter where no witnesses called, including special or stated case, originating notice, argument on point of law, proceedings under Order LIX, arbitrations, hearing of appeal from inferior tribunal or statutory, professional, or other body, hearing of assessment appeal and other analogous matters —

 

To senior or only counsel, for each half-day or less, up to

175.00

And to junior counsel where necessary, in the opinion of the Registrar, for each half-day or less, up to

75.00

But not more than two counsel shall be allowed to any one party unless ordered.

 

20.

Preparation for trial or hearing of cause or matter with witnesses, inclusive of taking minutes of evidence of' witnesses, or preparation for appeal to Court of Appeal —

 

Minimum

50.00

Maximum, up to

300.00

21.

Counsel fee on trial or hearing of cause or matter in the Court of Appeal or in matters where witnesses called, including originating notice, proceedings under Order LIX, arbitrations, hearing of appeal from inferior tribunal or statutory, professional, or other body, hearing of assessment appeal, and other analogous matters —

  

To senior or only counsel per day, up to

350.00

Or per hour up to

50.00

And to junior counsel where necessary, in the opinion of the Registrar, per day, up to

150.00

Or per hour up to

35.00

But not more than two counsel shall be allowed to any one party unless ordered.

 

22.

Attending on taxation of costs and other matters before Registrar —

 

Unopposed

10.00

Or per hour, up to

25.00

Opposed

15.00

Or per hour, up to

35.00

23.

Counsel fee in other cases where counsel necessary, including advising on questions requiring counsel's opinion, such fee as the Registrar may allow, having regard to all relevant or any unusual circumstances and in particular to

 

(a)

the complexity of the item or of the cause or matter in which it arises and the difficulty or novelty of the questions involved;

 

(b)

the skill, specialized knowledge, and responsibility required of, and the time and labour necessarily expended by, the counsel;

 

(c)

the number and importance of the documents (however brief) prepared or perused;

 

(d)

the place and circumstances in which the business involved is transacted;

 

(e)

the importance of the cause or matter to the client;

 

(f)

where money or property is involved, its amount or value;

 

(g)

any other fees and allowance payable to the counsel in respect of other items in the same cause or matter, but only where work done in relation to those items has reduced the work which would otherwise have been necessary in relation to the item in question.

 

24.

When necessarily travelling out of town, there may be allowed for each day of not less than seven hours so travelling

70.00

Or per hour, if less than seven

10.00

25.

In lieu of other fees or charges, the following fees or charges, exclusive of disbursements, may be charged, and, if charged, shall, subject to the provisions hereinafter contained, be allowed for all necessary services to obtain a grant of letters probate or of administration, preparation and filing of estate tax, probate fees, and succession duty forms or similar statements or affidavits for British Columbia and Canada, and settling all such taxes, fees, and duties assessed by the said Province and Canada (not including any application to a Judge or the Court or other Court proceedings in respect of such taxes, fees, and duties), and any services attending to the transmission of the assets of the estate into the names of the executors and, where applicable, into the names of the beneficiaries, as well as any services, process, or proceedings relating to the passing or settling of the first accounts of the executor or administrator —

 

 

For any estate of which the aggregate value exceeds $400 but does not exceed $500,000, at the discretion of the Registrar, up to 2 per cent of such value, with a minimum of $75:

 

For any estate of which the aggregate value exceeds $500,000 but does not exceed $2,000,000, the above fees on the first $500,000 plus, at the discretion of the Registrar, up to 1 per cent of the amount by which such aggregate value exceeds the sum of $500,000 but does not exceed the sum of $2,000,000;

 

For any estate of which the aggregate value exceeds $2,000,000, the above fees on the first $2,000,000 plus, at the discretion of the Registrar, up to one-quarter of 1 per cent of the amount by which such aggregate value exceeds the sum of $2,000,000 but does not exceed the sum of $10,000,000:

 

For any estate of which the aggregate value exceeds $10,000,000, the above fees on the first $10,000,000 plus, at the discretion of the Registrar, up to one-eighth of 1 per cent of the amount by which such aggregate value exceeds the sum of $10,000,000.

 

In all cases of resealing in British Columbia, grants of letters probate or administration or similar proceedings, the foregoing fees or charges may be allowed, but the aggregate value of the estate shall be the aggregate value of that portion of the estate situate within British Columbia.

 

Aggregate value of an estate shall be deemed to include the value of all real and personal property or interest therein passing or accruing to any person upon the death of the deceased by operation of law or otherwise, and to include the value of any life insurance payable as a consequence of death of the deceased other than life insurance not owned by the deceased or life insurance payable to a person who is neither the personal representative of the deceased nor a beneficiary of the estate.

 

26.

In lieu of other fees or charges, the following fees or charges, exclusive of disbursements, may be charged, and, if charged, shall, subject to the provisions hereinafter contained, be allowed for all services rendered in conveyancing matters, including the preparation of the conveyance, mortgage, or agreement for sale, searching title, checking taxes, water rates, and fire insurance, preparing and settling adjustments, drawing application to register, and attending to register —

 

One per cent on the first $2,500 of the purchase money or money advanced on mortgage, with a minimum of $25:

 

In the discretion of the Registrar, up to one-half of 1 per cent on the next $12,500:

 

In the discretion of the Registrar, up to one-quarter of 1 per cent on any amount over $15,000.  

If the conveyance or mortgage contains special covenants, then, in addition to the above fees, there may be allowed for drawing, revising, and settling, in the discretion of the Registrar, a special fee therefor under item 23 of this tariff.

 

Provided that the fee for an ordinary conveyance pursuant to an ordinary agreement for sale shall be one-third of the fees provided herein, but not to exceed a maximum amount of $200 for such conveyance pursuant to a registered agreement for sale.

 

And provided further that where the purchase of property is carried out by a conveyance and the taking back of a mortgage to secure the balance of the purchase price, the above fees may be increased by one-third thereof, but which one-third shall not exceed $200, and the total fee under this provision shall include both the conveyance and the mortgage.

 

Procuration fee when a loan is negotiated by a solicitor —

 

Up to one-half of 1 per cent, up to $10,000; and  
Up to one-quarter of 1 per cent for any amount beyond $10,000.  

27.

The Registrar shall have power to allow such fees or make such allowances as he may deem reasonable and proper for any services which are not covered by or included in any of the items in this tariff and, if the special circumstances warrant to increase or reduce the fees or any of them herein provided for, notwithstanding that the discretion of the Registrar may be limited in any particular item.

 

28.

In lieu of any fees provided for in any of the foregoing items, the Registrar shall have the power to allow such fees on a time basis as to the Registrar may seem reasonable, having regard to all relevant or any unusual circumstances and to those referred to in subparagraphs (a) to (g) of item 23, mutatis mutandis.

 

29.

The exercise by the Registrar of discretion under any of the items in this tariff shall be subject to review by a Judge as if it had come before him in the first instance.

 

Pursuant to the Court Rules of Practice Act, the annexed tariffs of costs, being Appendix B and Schedule 4 of Appendix C, both appendices to the Rules of Court approved by Order in Council 1627 on the 27th day of May 1976, shall be the tariffs of costs in the matters therein provided for in the Supreme Court and in the Court of Appeal on and after the 3rd day of January 1977, and shall apply to all taxations held on or after that date and shall extend to all costs subject to taxation which have been incurred prior to that date and which shall not have been theretofore taxed, and Schedule 4 of Appendix M and Appendix N, both appendices to the Supreme Court Rules, 1961, shall cease to be in effect and shall be rescinded on the 3rd day of January 1977.

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