Copyright (c) Queen's Printer,
Victoria, British Columbia, Canada
License
Disclaimer
Volume 48, No. 6
B.C. Reg. 136/2005
The British Columbia Gazette, Part II
March 22, 2005

B.C. Reg. 136/2005, deposited March 18, 2005, pursuant to the COURT RULES ACT [Section 1]. Order in Council 208/2005, approved and ordered March 17, 2005.

On the recommendation of the undersigned, made after consultation with the Chief Justice of the Supreme Court, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective July 1, 2005, the Supreme Court Rules, B.C. Reg. 221/90, are amended as set out in the attached Schedule.

— P. G. PLANT, Attorney General and Minister Responsible for Treaty Negotiations; G. CAMPBELL, Presiding Member of the Executive Council.

Schedule

1 Rule 1 (8) of the Supreme Court Rules, B.C. Reg. 221/90, is amended by adding the following definition:

"registrar's hearing" means an inquiry, assessment, accounting, review of a bill, examination of an agreement or an assessment of a bill of costs; .

2 Rule 8 (3) is amended by striking out "A writ" and substituting "Unless these rules otherwise provide, a writ".

3 Rule 11 (6.1) is amended by adding the following paragraph:

(f) if the address for delivery is an e-mail address, in accordance with Rule 69 (18).

4 Rules 27 (14) and 38 (4) are amended by striking out "the registry" and substituting "the office of an official reporter that is".

5 Rule 53 (4) is repealed and the following substituted:

Registrar's powers at registrar's hearing

(4) A registrar may, in respect of any registrar's hearing, whether before that registrar or any other registrar,

(a) extend, shorten or limit the time for any step in the registrar's hearing,

(b) exercise the powers set out in Rule 32 (5),

(c) exercise the powers that, under Rule 52 (4) and (5), may be exercised by the court, and

(d) direct the parties to attend a pre-hearing conference.

Registrar's directions at pre-hearing conference

(4.1) Without limiting Rule 32 (5), a registrar conducting a pre-hearing conference may give directions for the conduct of any registrar's hearing, whether or not that registrar's hearing is before the registrar conducting the pre-hearing conference, including, without limitation, directions respecting the following:

(a) the production of documents;

(b) oral examinations for discovery;

(c) delivery of notices to admit;

(d) delivery of experts' reports;

(e) delivery of witness lists;

(f) any other matter that may assist in the just and efficient determination of the issues.

6 Rule 60 is amended

(a) in subrule (9) (a) by striking out "Form 127," and substituting "Form 127 or 127A,",

(b) in subrule (9) (b) by striking out "Form 128," and substituting "Form 128 or 128A,",

(c) in subrule (11) by striking out "if they claim an order for divorce and no other orders except by consent." and substituting "if all relief, except any claim for divorce, is by consent.",

(d) by repealing subrule (12) and substituting the following:

Form of joint family law proceeding

(12) In a joint family law proceeding under subrule (11),

(a) the writ of summons must be in Form 127A and the statement of claim must be in Form 128A, and

(b) the writ of summons and statement of claim need not be served. , and

(e) in subrule (13) by striking out "joint action for divorce" and substituting "joint family law proceeding" and by striking out "the claim" and substituting "a claim".

7 Rule 60E (16) is amended by striking out "July 2, 2005." and substituting "July 2, 2006."

8 Rule 61 is amended by adding the following subrule:

Affidavit required for passing of accounts

(60) As part of an application for the passing of accounts and remuneration under subrule (58), the applicant must file an affidavit, in Form 136A,

(a) describing the assets and liabilities of the estate for which the statement is prepared as at the later of

(i) the date of the deceased's death, and

(ii) the effective date of the most recent of any previous accounting done under this rule,

(b) describing capital transactions since the applicable date referred to in paragraph (a), including expenses related to and necessary for the maintenance of capital assets,

(c) describing income transactions, other than transactions included under paragraph (b), since the applicable date referred to in paragraph (a), including the payment of any liabilities of the estate,

(d) describing the assets and liabilities of the estate as at the effective date of the statement of account,

(e) including a calculation of the remuneration, if any, claimed by the applicant for

(i) the applicant, and

(ii) any previous trustee for whom a claim for remuneration has not yet been made,

(f) describing all distributions made or anticipated to be made out of the estate, and

(g) including, in any other schedules, details or information the court may require or the applicant may consider relevant.

9 Rule 67 (10) is amended by striking out "July 2, 2005." and substituting "July 2, 2006."

10 The following Rule is added:

Rule 69 — Electronic Filing Pilot Project Rule

Definitions

(1) In this rule:

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

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

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

This rule prevails in event of conflict

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

Electronic services agreement

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

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

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

Means of transmission

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

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

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

Application of this rule

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

(a) any document pertaining to the following:

(i) probate;

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

(b) any of the following documents:

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

(ii) a chambers record;

(iii) a trial record;

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

(v) a certificate of judgment;

(vi) a certificate of pending litigation;

(vii) an affidavit filed for the purposes of Rule 40 (44).

Affidavits and other signed documents

(6) An affidavit or other signed document that is being filed for evidentiary purposes, if submitted for filing electronically, must clearly identify the signatory and must be accompanied by a statement, in Form 144, of the counsel acting for the person on whose behalf the document is submitted for filing or, if that person is unrepresented, by a statement of that person, in Form 144, indicating that

(a) the original paper version of the document appears to bear an original signature of the person identified as the signatory and the person making the Form 141 statement has no reason to believe that the signature placed on the document is not the signature of the identified signatory, and

(b) the version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and the person making the Form 144 statement has no reason to believe that it is not a true copy of the original paper version.

Retention of documents

(7) A person who submits a document for filing under subrule (6) in a proceeding must

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

(i) the date on which the proceeding, including any appeals, is finally disposed of,

(ii) the date on which the appeal period for that proceeding has expired if no appeals of the proceeding have been brought within that period, and

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

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

Inspection of original documents

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

Requisition

(9) A person who is entitled to inspect a document under subrule (8) may, if that inspection is denied, file a requisition with the registrar, and, promptly after receipt of that requisition, the registrar must make a request under subrule (7) (a) (iii).

Application of Rule 51

(10) Rule 51 continues to apply to affidavits filed under this section, but, in the event of a conflict between this rule and Rule 51 in respect of those affidavits, this rule prevails.

Electronic documents deemed to be original

(11) For the purposes of Rules 8 (10) and 51A (3) (b), (9), (10) (a), (11) and (12) (i) and Form 76, a document transmitted for filing electronically is deemed to be an original of that document, and for the purposes of Rules 8 (12), 9 (1), 24 (2) and (4) and 60D (22) (a), a document that has been transmitted for filing electronically and accepted for filing by the registrar is deemed to be an original of that document.

Electronic authentication deemed a signature

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

Filing of documents

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

(a) if the document is received at the registry at or before 4 p.m. on a day on which the registry is open for business, on the day of its receipt, or

(b) if the document is not received at the registry at or before 4 p.m., on the next day on which the registry is open for business.

Electronic acceptance

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

Sealing of writ of summons

(15) After the registrar provides an electronic acceptance of a writ of summons under subrule (14), the writ of summons is, for the purposes of Rule 8 (9), deemed to have been sealed by the registrar.

Public access to documents filed electronically

(16) If a document has been filed in accordance with subrule (4), a person who is otherwise entitled to view and obtain a copy of the document may, on payment of the proper fee,

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

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

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

E-mail address for delivery

(17) A person who is required to provide an address for delivery under these rules may provide an e-mail address for delivery.

Delivery of documents

(18) A document that may or must be delivered to a person may, if it is an electronic document, be delivered to the person as follows:

(a) if the person has provided an e-mail address for delivery under subrule (17), by e-mailing it to that person's e-mail address for delivery;

(b) if the solicitor for the person has provided an e-mail address for delivery under subrule (17), by e-mailing it to that solicitor's e-mail address for delivery.

When delivery by e-mail is effective

(19) A document transmitted by e-mail in accordance with subrule (18) is deemed to have been delivered

(a) on the day of the transmission, if the document is transmitted before 4 p.m., or

(b) on the next day that is not a Saturday or holiday, if the document is transmitted after 4 p.m.

If document does not reach a person

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

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

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

(c) was incomplete or illegible.

Duration of rule

(21) This rule is repealed on July 2, 2007.

11 The following forms are added:

Form 127A(Rule 60 (12) )

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

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

IN THE SUPREME COURT OF BRITISH COLUMBIA

Re: A Joint Family Law Proceeding brought by:

PARTY 1

AND:

PARTY 2

JOINT WRIT OF SUMMONS — FAMILY LAW PROCEEDING

THIS IS THE JOINT FAMILY LAW PROCEEDING OF:

[Name and Address of Party 1]....................................................................... , and

[Name and Address of Party 2].......................................................................

PARTIES' CLAIM FOR RELIEF

The Parties claim the following relief [mark applicable boxes]:

[ ] Divorce

[ ] Guardianship

[ ] Custody

[ ] Access

[ ] Support of Party

[ ] Support of child(ren)

[ ] Division of family assets

[ ] Other relief (specify)....................................

The address of the registry is: [address]

Party 1's ADDRESS FOR DELIVERY is: [address]

Fax number for delivery [if any]: ..........[fax number]..........

The name and office address of Party 1's solicitor is: ..............[name and address] [fax number if any]..............

Party 2's ADDRESS FOR DELIVERY is: ..............[address]..............

Fax number for delivery [if any]: ..............[fax number]..............

The name and office address of Party 2's solicitor is: ..............[name and address] [fax number if any]..............

WITHDRAWAL FROM JOINT FAMILY LAW PROCEEDING

A PARTY MAY WITHDRAW FROM A JOINT FAMILY LAW PROCEEDING BY FILING AND DELIVERING A NOTICE OF WITHDRAWAL IN FORM 135.

A Party wishing to oppose the claim for divorce or claim other relief must file a statement of defence in Form 129 or counterclaim in Form 130 or both with the Notice of Withdrawal.

Form 128A (Rule 60 (12) )

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

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

IN THE SUPREME COURT OF BRITISH COLUMBIA

Re: A Joint Family Law Proceeding brought by:

PARTY 1

AND:

PARTY 2

JOINT STATEMENT OF CLAIM

Part A: Particulars of Parties

1. Party 1 is ..............[name and address]...............

2. Party 1 was born on .....[date]..... .

3. Party 1 has been ordinarily resident in British Columbia since [specify].

4. Party 2 is ..............[name and address]...............

5. Party 2 was born on .....[date]..... .

6. Party 2 has been ordinarily resident in British Columbia since ......[specify].......
 

Part B: Relationship of Parties

7. The Parties were married on .....[date]..... at ...........[place]...........

OR

7. The Parties commenced cohabitation on .....[date]..... .

8. The Parties ceased to cohabit on .....[date]..... .

 
Part C: Children

9.    (a) The children of the marriage as defined by the Divorce Act (Canada) are:

     Name          Birth Date          Person with whom child resides

OR

(b) The parties are the parents, as defined by the Family Relations Act, of the following children:

     Name          Birth Date          Person with whom child resides

OR

(c) There are no children of the marriage as defined by theDivorce Act (Canada)

OR

(d) The parties are not the parents of any children as defined by the Family Relations Act.

 
Part D: Divorce

10. There has been a breakdown in the marriage as defined by the Divorce Act (Canada) the particulars of which are as follows: [refer to specific sections of the Divorce Act (Canada)]

11.   (a) The surname of Party 1 immediately before marriage was [specify].

(b) The surname of Party 1 at birth was [specify].

12. The marital status of Party 1 at the time of marriage was [specify].

13.   (a) The surname of Party 2 immediately before marriage was [specify].

(b) The surname of Party 2 at birth was [specify].

14. The marital status of Party 2 at the time of marriage was [specify].

15. There is no possibility of reconciliation.

16. There has been no collusion in relation to this proceeding. There has been no condonation of any act relied on as a ground for divorce.

17.   (a) A certificate of the marriage has been filed.

OR

(b) A certificate of registration of the marriage has been filed.

OR

(c) It is impossible to obtain a certificate of the marriage or a certificate of the registration of the marriage because [set out reasons]

 
Part E: Custody, Guardianship and Access

[Complete this part if an order in relation to the custody of, guardianship
of or access to children is sought
]

18. The Parties consent to an order for custody, guardianship of or access to the children in the following terms:

 
Part F: Support

[Complete this part if either of the Parties seeks an order for support]

19. The Parties consent to an order for spousal support in the following terms:

20. The Parties consent to an order for child support in the following terms:

21. The guideline income of the Party responsible for paying support for the children is as follows [set out particulars]:

 
Part G: Property

[Complete this part if the Parties consent to an order in respect of family assets]

22. The Parties consent to an order in the following terms:

 
Part H: Other Relief

[Complete this part if the Parties seek other relief]

23. Party 1/Party 2 seeks a change of name under the Name Act on the granting of a divorce order. [set out particulars]

24. The Parties consent to the following additional relief [set out particulars]:

 
Summary of Relief Sought

The Parties request the following: [strike out inapplicable paragraphs]

(a) an order for divorce (Part D);

(b) orders with respect to custody, guardianship of or access to the children as set out in Part E;

(c) orders for support as set out in Part F;

(d) orders with respect to property as set out in Part G;

(e) orders for additional relief as set out in Part H.

........................................                    ........................................
Party 1 [or solicitor]                            Party 2 [or solicitor]

........................................                    ........................................
Dated [month, day, year]                    Dated [month, day, year]

 
Statement of Solicitor

[Complete only if required by the Divorce Act (Canada)]

I, ...............[name]..............., solicitor for Party 1, certify to the court that I have complied with section 9 of the Divorce Act (Canada).

[If the circumstances of the case are of such a nature that it would clearly not be appropriate to so comply, set out such circumstances.]

Dated at ...................[location]....................., in the Province of British Columbia, on ..............[month, day, year]............ .

Address of solicitor:

..................................................                    
..................................................         
           
..................................................          
          ...............................................
                                                                      Signature of solicitor

 
Statement of Solicitor

[Complete only if required by the Divorce Act (Canada)]

I, ................[name]..............., solicitor for Party 2, certify to the court that I have complied with section 9 of the Divorce Act (Canada).

[If the circumstances of the case are of such a nature that it would clearly not be appropriate to so comply, set out such circumstances.]

Dated at ...................[location]....................., in the Province of British Columbia, on ..............[month, day, year]............ .

Address of solicitor:

..................................................                    
..................................................          
          
..................................................           
         ...............................................
                                                                      Signature of solicitor

 

Form 136A (Rule 61 (60) )

ESTATE OF ........................................, DECEASED

STATEMENT OF ACCOUNT

I,...............................................[name]....................................................., ....................................................................[Street Address].........................................................................., ..........................[City]..............................., .....................[Province]..................., ..........[Postal Code].........., Telephone No. ......................, Fax No. ....................... swear (or affirm) that:

1. Attached and marked as Exhibit 1 is a Statement of Account for the Estate of.............................. .

2. The information set out in this statement of account is true and complete to the best of my knowledge.

SWORN (OR AFFIRMED) BEFORE ME    
at ................[City].................... , British Columbia   )  
on ...............[Date]................   )  
    )  
    )  
    )  
..............................................................................   ) ....................................................
A Commissioner for taking affidavits
for British Columbia
  )
)
 

EXHIBIT 1

STATEMENT OF ACCOUNT FOR THE ESTATE OF .................................... , DECEASED

For the period from ...............[insert commencement date]............... to ..........[effective date of this statement of account]......... .

1 In this Statement of Account, the commencement date means

(a) the deceased's date of death, or

(b) if one or more statements of account have been filed in respect of the estate under Rule 61 (60), the effective date of the most recent of those statements of account.

2. This Statement of Account consists of the following:

(a) Statement of Assets and Liabilities of the Estate of ............................. as at ...............[commencement date].............. ;

(b) Statement of Capital Transactions of the Estate of ............................. ;

(c) Statement of Income Transactions of the Estate of ............................. ;

(d) Statement of Assets and Liabilities of the Estate of ............................. as at ..............[effective date]...............;

(e) [include only if remuneration is sought at this time] Statement of Proposed Remuneration in relation to the Estate of .........................................................................................;

(f) Statement of Distribution of the Estate of .................................................................;

(g) Statement of Proposed Distribution of Residue of the Estate of ............................. .

 
Statement of Assets and Liabilities of the Estate of
................................

as at................[insert commencement date]..............

Item Assets
[describe estate assets, or include that information in an attached Schedule and bring forward totals here]
Asset Values
[set out fair market value as at the effective date of this statement of account]
A1    
A2    
    Total asset values .........................
Item Liabilities
[describe liabilities of estate, or include that information
in an attached Schedule and bring forward totals here
]
Liabilities
[set out amount of liability as at
commencement date
]
B1    
B2    
    Total amount of liabilities.................

 

Statement of Capital Transactions of the Estate of ................................

For the period from ...................[insert commencement date]...................
to ...................[insert effective date of this statement of account]...................

Item Date
[date of
transaction
]
Transaction
[describe transactions, or include that information in an attached Schedule
and bring forward totals here
]
Debit Credit
C1        
C2        
      Total of debits.............. Total of credits............

 

Statement of Income Transactions of the Estate of ................................

For the period from ....................[insert commencement date]..................
to .....................[insert effective date of this statement of account].................

Item Date
[date of transaction]
Transaction
[describe transactions, or include that information in an attached Schedule and bring forward totals here]
Debit Credit
D1        
D2        
      Total of debits.............. Total of credits............

 

Statement of Assets and Liabilities of the Estate of ...............................

as at................[insert effective date of this statement of account]...............

Item Assets
[describe each estate asset, or include that information in an attached Schedule and bring forward totals here]
Asset Values
[set out fair market value as at
the effective date of this statement of account
]
E1    
E2    
    Total asset values.................................

Item

Liabilities
[describe each liability of estate, or include that information in an attached Schedule and bring forward totals here]
Liabilities
[set out amount of liability as at the effective date of this statement ofaccount]
F1

 

 

F2

 

 

 

 

Total amount of
liabilities................................

 

Statement of Proposed Remuneration in relation to the Estate of ...............................

[complete if remuneration is sought at this time]

Capital Fee
(A) Proceeds of disposition of capital assets realized since the commencement date: $                
(B) Market value of capital assets, realized or transferred since the commencement date, in respect of which no proceeds of disposition have been obtained: $
(C) Current value of unrealized capital assets included, on the commencement date, in the estate: $
(D) Gross aggregate value of capital assets of estate - [(A) + (B) + (C)] $
(E) Capital Fee: (D) x ........% [insert claimed percentage, up to a maximum of 5%] $
Income Fee
(F) Gross income earned by the estate for period from .............. [commencement date].......... to ...............[effective date of this statement of account]............... except interest income already capitalized and included in (D) $                
(G) Income Fee: (F) x ........% [insert claimed percentage, up to a maximum of 5%] $
Care Managment Fee
[prepare one set of the following calculations for each reporting period following the commencement date, where a reporting period is each calendar year, or portion, from date of death to the date of final distribution]
(H) Market value of estate assets as at the beginning of the reporting period $               
(I) Market value of estate assets at the end of the reporting period $
(J) Average market value of estate assets for the reporting period
[(G) + (H)] / 2
$
(K) Care and Management Fee for reporting period: [(J) x 0.4%] $
Total of Fees Claimed
(L) Total remuneration sought - [(E) + (G) + (the total of every (K) determined for a reporting period following the commencement date) $                

 

Statement of Distribution of the Estate of ...............................

Specific Bequests and Legacies

Item

Distribution
(Yes/No)

Date of distribution

Beneficiary

       
       
       

Residue of Estate

(R1) Market value of estate assets at effective date of this statement of account

                                

(R2) Applicant's estimated reserve for final income tax, accounting and legal costs and remuneration

 

(R3) Distributable Estate (R1) — (R2)

 

Statement of Proposed Distribution of Residue of the Estate of ...............................

Beneficiary
[identify beneficiaries who receive assets or cash from residue]
Assets
[identify assets distributed to the named beneficiary and their market value]
Cash
[indicate amount of cash distributed to the named beneficiary]
(Name)

 

 

(Name)

 

 

(Name)

 

 

(Name)

 

 

(Name)

 

 

 

Form 144 (Rule 69 (6) )

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

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

[Style of Proceeding]

ELECTRONIC FILING STATEMENT

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

[or]

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

I advise as follows:

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

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

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

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

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


Copyright © 2005: Queen's Printer, Victoria, British Columbia, Canada