British Columbia Order in Council — Amendment to Supreme Court Civil Rules (O.C. 627/2023)

O.C. 627/2023

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria page 1 of 24 On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders, effective January 15, 2024, as follows: (

a) the Supreme Court Civil Rules, B.C. Reg. 168/2009, are amended as set out in the attached

Schedule 1; (

b) the Supreme Court Family Rules, B.C. Reg. 169/2009, are amended as set out in the attached

Schedule 2. Attorney General Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Court Rules Act, R.S.B.C. 1996, c. 80, s. 1 Other: O.C. 302/2009; O.C. 303/2009 R10712818 627 November 27, 2023

page 2 of 24

SCHEDULE 1 1 Rule 8-1 Supreme Court Civil Rules, B.C. Reg. 168/2009, is amended by adding the following subrules: Additional copy of filed notice of application

(15.1) The applicant must, concurrently with the filing of the application record under subrule (15), provide to the registry a copy of the filed notice of application that (

a) is kept separate from the ring binder or other form of secure binding referred to in subrule (15) (a), and (

b) clearly indicates the or ders sought by way of highlighting or other marking of the relevant paragraphs of

Part 1 of the copy of the filed notice of application. Application to be removed from hearing list

(15.2) Unless the court otherwis e orders, if the applicant fails to provide an application record to the registry in accordance wi th subrule (15), the application must be removed from the hearing list. Leave to permit late filing of application record

(15.3) Despite subrule (15) (e), the applic ant may apply for an order granting leave to provide an application record to the registry after the period or date referred to in that subrule, as the case may be. Applicant may apply to reinstate application to hearing list

(15.4) If an application has been removed fr om the hearing list under subrule (15.2), the applicant may apply for an order that the application be reinstated to the hearing list. Order for costs

(15.5) If an application respondent attends for the hearing of an application that has been removed from the hearing list under subrul e (15.2), the application respondent may apply for an order for costs or other directions. Form of application

(15.6) An application for an order under subrule (15.3), (15.4) or (15.5) must be made by requisition in Form 30.01. 2 Rule 8-1 (21.1) is amended (

a) by adding “ or that has been removed from the hearing list under subrule (15.2)” after “(“adjourned generally”)”, and (

b) by repealing paragraph (

a) and substituting the following: (

a) file a requisition in Form 17 setting out the following: (

i) the date and time of the hearing of the application; (ii) the date the notice of application was filed; (iii) a brief description of the orders sought;

page 3 of 24 (iv) the applicant’s estimate of the time the application will take for hearing; (

v) whether the orders sought are within the jurisdiction of a master, and. 3 Rule 16-1 is amended by adding the following subrules: Additional copy of filed petition

(11.1) The petitioner must, concurrently w ith the filing of the petition record under subrule (11), provide to the registry a copy of the filed petition that (

a) is kept separate from the ring binder or other form of secure binding referred to in subrule (11) (a), and (

b) clearly indicates the or ders sought by way of highlighting or other marking of the relevant paragraphs of

Part 1 of the copy of the filed petition. Petition to be removed from hearing list

(11.2) Unless the court ot herwise orders, if the petitioner fails to provide a petition record to the registry in accordance with subrule ( 11), the petition must be removed from the hearing list. 4 Rule 16-1 (16.1) is amended (

a) by adding “ or that has been removed from the hearing list under subrule (11.2)” after “(“adjourned generally”)”, and (

b) by repealing paragraph (

a) and substituting the following: (

a) file a requisition in Form 17 setting out the following: (

i) the date and time of the hearing of the petition; (ii) the date the petition was filed; (iii) a brief description of the orders sought; (iv) the petitioner’s estimate of the time the petition will take for hearing; (

v) whether the orders sought are within the jurisdiction of a master, and. 5 The following Rule is added to

Part 22: RULE 22-9 – V EXATIOUS LITIGANTS Leave to file pleading, application or other document

(1) If an order has been made that a person mu st not, without leave of the court, start a proceeding or file an application or othe r document in an existing proceeding, the person may apply for leave by filing a requisition in Form 117.1 to which is attached (

a) a copy of the pleading, applicati on or document which the person seeks leave to file, and (

b) a copy of the order requiring the pe rson to obtain leave of the court.

page 4 of 24 Requisition need not be served

(2) Subject to subrule (3), a person applying for leave under s ubrule (1) need not serve the requisition referred to in subrule (1) on any other person. Powers of the court

(3) On an application for leave under subrule (1), the court may do one or more of the following: (

a) grant or refuse the request for leave; (

b) require that the person or lawyer appear in person to speak to the application, with or without notice to any other person; (

c) make any order or give any other dir ections the court considers will further the object of these Supreme Court Civil Rules. 6 The following form is added to Appendix A: FORM 30.01 (RULE 8-1 (15.6) ) [Style of Proceeding] REQUISITION – CHAMBERS PRACTICE [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] Filed by: .........................[party(ies)].........................

Required: [ ] Order granting leave to provide application record late [Rule 8-1 (15.3)] [ ] Order to reinstate an application [include date that the notice of application was filed] to today’s hearing list [Rule 8-1 (15.4)] [ ] Order as to costs or other directions [Rule 8-1 (15.5)] This order/relief is sought because: [Set out the reasons why the order or relief is sought] Position of the other party(ies): [State whether other parties have a position with respect to this application]

page 5 of 24 Date: ...................................... .............................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) ........................[type or print name]........................

ORDER BY ENDORSEMENT (to be completed by a judge, master or registrar) Order granted [ ] / refused [ ] Conditions or directions: ................................................................................................................. ................................................................................................................. Endorsed: Judge/Master ................................ Date: ....................................... 7 Form 30.1 in Appendix A is amended (

a) by striking out “ (RULE 19-5)” and substituting “(RULE 19-5

(1) AND (3) )”, (

b) by striking out “ the correct box ” and substituting “ whichever one of the following boxes is correct”, (

c) in

Part 1 by striking out the following: [Using numbered paragraphs, provide informatio n about the foreign rule, enactment or other requirement relied on in this request that necess itates additional formalities for the requested certified copy by the judicial authority of another jurisdiction.] 1 2 and substituting the following: [Using paragraphs numbered seque ntially from the immediatel y preceding paragraph, provide information about the foreign rule, enactment or other requirement relied on in this request that necessi- tates additional formalities for the requested certified copy by the ju dicial authority of another juris- diction.] 3 4 , (

d) in

Part 2 by striking out the following: [Using numbered paragraphs, describe the requested certification or other formal documentation.] 1 2

page 6 of 24 [Using numbered paragraphs, provide informatio n about the foreign rule, enactment or other requirement relied on in this re quest that necessitates the requested certification or other formal documentation by the judicial authority of another jurisdiction.] 1 2 and substituting the following: [Using paragraphs numbered sequentia lly from

Part 1 above, describe the requested certification or other formal documentation.] 5 6 [Using paragraphs numbered seque ntially from the immediatel y preceding paragraph, provide information about the foreign rule, enactment or other requirement relied on in this request that necessi- tates the requested certification or other formal documentation by the judicial authority of another juris- diction.] 7 8 , and (

e) by striking out “ dd/mm/yyyy” and substituting “date”. 8 Form 32 in Appendix A is amended (

a) by striking out “ dd/mmm/yyyy” wherever it appears and substituting “date”, (

b) and by adding the following above “Part 1: ORDER(

S) SOUGHT”: The applicant(

s) estimate(

s) that the application w ill take ...........[ time estimate]........... . [Check whichever one of the following boxes is correct. ] [ ] This matter is within the jurisdiction of a master. [ ] This matter is not within the jurisdiction of a master. , (

c) in

Part 3 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 2 above”, (

d) in

Part 3 by renumbering paragraph 1 as paragraph 3 and by renumbering paragraph 2 as paragraph 4, and (

e) by striking out the following: The applicant(

s) estimate(

s) that the application w ill take ...........[ time estimate]........... . [Check the correct box.] [ ] This matter is within the jurisdiction of a master. [ ] This matter is not within the jurisdiction of a master. 9 Form 33 in Appendix A is amended

page 7 of 24 (

a) by striking out “ dd/mmm/yyyy” wherever it appears and substituting “date”, (

b) by adding the following above “

Part 1: ORDERS CONSENTED TO”: The application respondent(

s) estimate(

s) that the application will take ...........[time estimate]........... . , (

c) in

Part 5 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 4 above”, (

d) in

Part 5 by renumbering paragraph 1 as paragraph 3 and by renumbering paragraph 2 as paragraph 4, (

e) in

Part 6 by striking out the following: The application respondent(

s) estimate(

s) that the application will take ...........[time estimate]........... , and (

f) in

Part 6 by adding “ boxes” after “following”. 10 Form 42 in Appendix A is amended (

a) by striking out “ dd/mmm/yyyy” wherever it appears and substituting “date”, and (

b) by adding “ or was not required” after “conducted in this action”. 11 Form 47.1 in Appendix A is amended by striking out the following: [insert name of person appearing] [insert name of person appearing] [insert description of person appearing] [insert description of person appearing] and substituting the following: [A signature line in the following form must be completed and signed by or for each approving party.] ..............................................................................

Signature of [ ] party [ ] lawyer for .......[name of party(ies)]..... .........................[type or print name]........................ .............................................................................. Signature of [ ] party [ ] lawyer for ....... [name of party(ies)]..... .........................[type or print name]........................ . 12 Form 66 in Appendix A is amended (

a) by adding the following above “ This proceeding is brought for relief set out in

Part 1 below, by”: The address of the registry is:

page 8 of 24 The petitioner(

s) estimate(

s) that the hearing of the petition will take ...........[time estimate]........... . [Check whichever one of the following boxes is correct.] [ ] This matter is an application for judicial review. [ ] This matter is not an application for judicial review. , (

b) by striking out the following: and substituting the following: , (

c) in

Part 3 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 2 above”, (

d) in

Part 3 by renumbering paragraph 1 as paragraph 3 and by renumbering paragraph 2 as paragraph 4, (

e) by striking out “ dd/mmm/yyyy” wherever it appears and substituting “date”, and (

f) by striking out the following: The petitioner(

s) estimate(

s) that the hearing of the petition will take ...........[time estimate]........... . 13 Form 67 in Appendix A is amended (

a) by striking out “ dd/mmm/yyyy” wherever it appears and substituting “date”, (

b) by adding the following above “

Part 1: ORDERS CONSENTED TO”: The petition respondent(

s) estimate(

s) that the application will take ........[ time estimate]........ . ,

(1) The address of the registry is:

(2) The ADDRESS FOR SERVICE of the petitioner(

s) is: ..........[Set out the street address of the address for service for each petitioner. One or both of a fax number and an e-mail address may be given as additional addresses for service.].......... Fax number address for service (if any) of the petitioner(s): E-mail address for service (if any) of the petitioner(s):

(3) The name and office address of the petitioner’s(s’) lawyer is:

(1) The ADDRESS FOR SERVICE of the petitioner(

s) is: ..........[Set out the street address of the address for service for each petitioner. One or both of a fax number and an e-mail address may be given as additional addresses for service.].......... Fax number address for service (if any) of the petitioner(s): E-mail address for service (if any) of the petitioner(s):

(2) The name and office address of the petitioner’s(s’) lawyer is:

page 9 of 24 (

c) in

Part 5 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 4 above”, (

d) in

Part 5 by renumbering paragraph 1 as paragraph 3 and by renumbering paragraph 2 as paragraph 4, and (

e) by striking out the following: The petition respondent(

s) estimate(

s) that the application will take ........[ time estimate]........ . 14 The following form is added to Appendix A: FORM 117.1 (RULE 22-9 (1) ) [Style of Proceeding] REQUISITION – LEAVE (VEXATIOUS LITIGANT) [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] Filed by: .........................[requesting person(s)]......................... Required: 1. Leave to file the attached documents.

The reasons why the Court should grant leave to file these documents are: ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... 2. [ ] The requesting person is not under a legal disability [ ] The requesting person is under a legal disability, namely ........................................................................................................................... ........................................................................................................................... 3. [ ] A copy of the order that requires the request ing person to seek leave of the court to file the attached documents is attached to this requisition Contact information of requesting person: [address and phone number of requesting person] ........................................................................................................................... ...........................................................................................................................

page 10 of 24 Date: ......................................... .............................................................................. Signature of person requesting leave ........................[type or print name]........................ 15 Form 121.1 in Appendix A is amended (

a) in

Part 2 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 1 above”, (

b) in

Part 2 by renumbering paragraph 1 as paragraph 3 and by renumbering paragraph 2 as paragraph 4, (

c) in

Part 3 by striking out “ [This part must set out the standard of review that the appellant says governs the appeal.]” and substituting the following: [Using paragraphs numbere d sequentially from

Part 2 above, this part must set out the standard of review that the appellant says governs the appeal.] 5 , (

d) in

Part 4 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 3 above”, To be completed by the court only: [ ] Request granted [ ] Request denied [ ] Hearing required without notice to intended defendant(s) [ ] Hearing required on notice to intended defendant(s) (directions for service if any) ..................................................... Signature of Judge or Master ..................................................... Name of Judge/Master (please print) Date: .............................................

page 11 of 24 (

e) in

Part 4 by renumbering paragraph 1 as paragraph 6 and by renumbering paragraph 2 as paragraph 7, and (

f) in

Part 5 by striking out “ dd/mmm/yyyy” and substituting “date”. 16 Form 121.2 in Appendix A is amended (

a) in

Part 2 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 1 above”, (

b) in

Part 2 by renumbering paragraph 1 as paragraph 3 and by renumbering paragraph 2 as paragraph 4, (

c) in

Part 3 by striking out “ [This part must set out the standard of review that the respondent says governs the appeal.]” and substituting the following: [Using paragraphs numbere d sequentially from

Part 2 above, this part must set out the standard of review that the respondent says governs the appeal.] 5 , (

d) in

Part 4 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 3 above”, (

e) in

Part 4 by renumbering paragraph 1 as paragraph 6 and by renumbering paragraph 2 as paragraph 7, and (

f) in

Part 5 by striking out “ dd/mmm/yyyy” and substituting “date”. 17 Form P42 in Appendix A.1 is amended (

a) by striking out “ dd/mmm/yyyy” wherever it appears and substituting “date”, (

b) by adding the following above “

Part 1: ORDER(

S) SOUGHT”: The applicant(

s) estimate(

s) that the application w ill take ...........[ time estimate]........... . [Check whichever one of the following boxes is correct. ] [ ] This matter is within the jurisdiction of a master. [ ] This matter is not within the jurisdiction of a master. , (

c) by striking out the following:

PART 1 – ORDER(

S) SOUGHT [Check whichever one or more of the immediately following 4 boxes are correct and, using numbered paragraphs, set out the order(

s) that will be sought at the application and i ndicate against which person(

s) the order(

s) is(are) sought.] [ ] The applicant(

s) seek(

s) the following order(

s) under

section 30 of the Wills, Estates and Succes- sion Act: 1 2

page 12 of 24 [ ] The applicant(

s) seek(

s) the following order(

s) under

section 33 of the Wills, Estates and Succes- sion Act: 1 2 [ ] The applicant(

s) seek(

s) the following order(

s) under

section 58 of the Wills, Estates and Succes- sion Act: 1 2 [ ] The applicant(

s) seek(

s) the following order(

s) under

section 59 of the Wills, Estates and Succes- sion Act: 1 2 and substituting the following:

PART 1 – ORDER(

S) SOUGHT [Check whichever one or more of the following boxes are correct and, using sequentially numbered paragraphs, set out the order(

s) that will be sought at the application and i ndicate against which person(

s) the order(

s) is(are) sought.] [ ] The applicant(

s) seek(

s) the following order(

s) under

section 30 of the Wills, Estates and Succession Act: 1 2 [ ] The applicant(

s) seek(

s) the following order(

s) under

section 33 of the Wills, Estates and Succession Act: 3 4 [ ] The applicant(

s) seek(

s) the following order(

s) under

section 58 of the Wills, Estates and Succession Act: 5 6 [ ] The applicant(

s) seek(

s) the following order(

s) under

section 59 of the Wills, Estates and Succession Act: 7 8 , (

d) in

Part 3 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 2 above”, (

e) in

Part 3 by renumbering paragraph 1 as paragraph 3 and by renumbering paragraph 2 as paragraph 4, (

f) in

Part 4 by striking out “ immediately following 2 boxes ” and substituting “ following boxes”, and (

g) by striking out the following:

page 13 of 24 The applicant(

s) estimate(

s) that the application w ill take ...........[ time estimate]........... . [Check whichever one of the immediately following 2 boxes is correct.] [ ] This matter is within the jurisdiction of a master. [ ] This matter is not within the jurisdiction of a master. 18 Form P43 in Appendix A.1 is amended (

a) by adding the following above “ This proceeding is brought for the relief set out below, by”: The address of the registry is: The petitioner(

s) estimate(

s) that the hearing of the petition will take ...........[time estimate]........... . , (

b) by striking out the following: and substituting the following: , (

c) in

Part 1 by striking out the following: 1[ Check whichever one or more of the immediately following 4 boxes are correct and, using numbered para- graphs, set out the order(

s) being sought and indicate against which person(

s) the order(

s) is(are) sought.] [ ] The petitioner(

s) seek(

s) the following order(

s) under

section 30 of the Wills, Estates and Succession Act: 1 2 [ ] The petitioner(

s) seek(

s) the following order(

s) under

section 33 of the Wills, Estates and Succession Act:

(1) The address of the registry is:

(2) The ADDRESS FOR SERVICE of the petitioner(

s) is: ..........[Set out the street address of the address for service for each petitioner. One or both of a fax number and an e-mail address may be given as additional addresses for service.].......... Fax number address for service (if any) of the petitioner(s): E-mail address for service (if any) of the petitioner(s):

(3) The name and office address of the petitioner’s(s’) lawyer is:

(1) The ADDRESS FOR SERVICE of the petitioner(

s) is: ..........[Set out the street address of the address for service for each petitioner. One or both of a fax number and an e-mail address may be given as additional addresses for service.].......... Fax number address for service (if any) of the petitioner(s): E-mail address for service (if any) of the petitioner(s):

(2) The name and office address of the petitioner’s(s’) lawyer is:

page 14 of 24 1 2 [ ] The petitioner(

s) seek(

s) the following order(

s) under

section 58 of the Wills, Estates and Succession Act: 1 2 [ ] The petitioner(

s) seek(

s) the following order(

s) under

section 59 of the Wills, Estates and Succession Act: 1 2 and substituting the following: 1[ Check whichever one or more of the following boxes are correct and, using sequentially numbered paragraphs, set out the order(

s) be ing sought and indicate against whic h person(

s) the order(

s) is(are) sought.] [ ] The petitioner(

s) seek(

s) the following order(

s) under

section 30 of the Wills, Estates and Succession Act: 1 2 [ ] The petitioner(

s) seek(

s) the following order(

s) under

section 33 of the Wills, Estates and Succession Act: 3 4 [ ] The petitioner(

s) seek(

s) the following order(

s) under

section 58 of the Wills, Estates and Succession Act: 5 6 [ ] The petitioner(

s) seek(

s) the following order(

s) under

section 59 of the Wills, Estates and Succession Act: 7 8 , (

d) in

Part 3 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 2 above”, (

e) in

Part 3 by renumbering paragraph 1 as paragraph 3 and by renumbering paragraph 2 as paragraph 4, (

f) by striking out “ dd/mmm/yyyy” wherever it appears and substituting “date”, and (

g) by striking out the following: The petitioner(

s) estimate(

s) that the hearing of the petition will take ...........[time estimate]........... .

page 15 of 24

SCHEDULE 2 1 Rule 7.1-1 (4) (

a) Supreme Court Rules, B.C. Reg. 169/2009, is amended by striking out “FORM F17” and substituting “FORM F18.1”. 2 Rule 10-6 is amended by adding the following subrules: Additional copy of filed notice of application

(14.1) The applicant must, concurrently with the filing of the application record under subrule (14), provide to the registry a copy of the filed notice of application that (

a) is kept separate from the ring binder or other form of secure binding referred to in subrule (14) (a), and (

b) clearly indicates the or ders sought by way of highlighting or other marking of the relevant paragraphs of

Part 1 of the copy of the filed notice of application. Application to be removed from hearing list

(14.2) Unless the court otherwis e orders, if the applicant fails to provide an application record to the registry in accordance wi th subrule (14), the application must be removed from the hearing list. Leave to permit late filing of application record

(14.3) Despite subrule (14) (e), the applic ant may apply for an order granting leave to provide an application record to the registry after the period or date referred to in that subrule, as the case may be. Applicant may apply to reinstate application to hearing list

(14.4) If an application has been removed fr om the hearing list under subrule (14.2), the applicant may apply for an order that the application be reinstated to the hearing list. Order for costs

(14.5) If an application respondent attends for the hearing of an application that has been removed from the hearing list under subrul e (14.2), the application respondent may apply for an order for costs or other directions. Form of application

(14.6) An application for an order under subrule (14.3), (14.4) or (14.5) must be made by requisition in Form F32.001. 3 Rule 10-6 (19.1) is amended (

a) by adding “ or that has been removed from the hearing list under subrule (14.2)” after “(“adjourned generally”)”, and (

b) by repealing paragraph (

a) and substituting the following: (

a) file a requisition in Form F17 setting out the following: (

i) the date and time of the hearing of the application;

page 16 of 24 (ii) the date the notice of application was filed; (iii) a brief description of the orders sought; (iv) the applicant’s estimate of the time the application will take for hearing; (

v) whether the orders sought are within the jurisdiction of a master, and. 4 Rule 17-1 is amended by adding the following subrules: Additional copy of filed petition

(11.1) The petitioner must, concurrently w ith the filing of the petition record under subrule (11), provide to the registry a copy of the filed petition that (

a) is kept separate from the ring binder or other form of secure binding referred to in subrule (11) (a), and (

b) clearly indicates the or ders sought by way of highlighting or other marking of the relevant paragraphs of

Part 1 of the copy of the filed petition. Petition to be removed from hearing list

(11.2) Unless the court ot herwise orders, if the petitioner fails to provide a petition record to the registry in accordance with subrule ( 11), the petition must be removed from the hearing list. 5 Rule 17-1 (16.1) is amended (

a) by adding “ or that has been removed from the hearing list under subrule (11.2)” after “(“adjourned generally”)”, and (

b) by repealing paragraph (

a) and substituting the following: (

a) file a requisition in Form F17 setting out the following: (

i) the date and time of the hearing of the petition; (ii) the date the petition was filed; (iii) a brief description of the orders sought; (iv) the petitioner’s estimate of the time the petition will take for hearing; (

v) whether the orders sought are within the jurisdiction of a master, and. 6 The following Rule is added to

Part 21: RULE 21-8 – V EXATIOUS LITIGANTS Leave to file pleading, application or other document

(1) If an order has been made that a person mu st not, without leave of the court, start a proceeding or file an application or othe r document in an existing proceeding, the person may apply for leave by filing a requisition in Form F94.1 to which is attached (

a) a copy of the pleading, applicati on or document which the person seeks leave to file, and (

b) a copy of the order requiring the pe rson to obtain leave of the court.

page 17 of 24 Requisition need not be served

(2) Subject to subrule (3), a person applying for leave under s ubrule (1) need not serve the requisition referred to in subrule (1) on any other person. Powers of the court

(3) On an application for leave under subrule (1), the court may do one or more of the following: (

a) grant or refuse the request for leave; (

b) require that the person or lawyer appear in person to speak to the application, with or without notice to any other person; (

c) make any order or give any other dir ections the court considers will further the object of these Supreme Court Family Rules. 7 Form F17 in Appendix A is amended (

a) by striking out “ 7-1 (13.1),” and “10-9 (2),”, and (

b) by adding “ 15-1 (3.4),” after “10-6 (19.1) and (20)”. 8 Form F19.1 in Appendix A is amended by striking out “ permit attendance by [ ] in person [ ] video conference [ ] telephone ” and substituting “ permit attendance [ ] in person or by way of [ ] video conference or [ ] telephone”. 9 Form F31 in Appendix A is amended (

a) by striking out “ dd/mmm/yyyy” wherever it appears and substituting “date”, (

b) by adding the following above “

Part 1: ORDER(

S) SOUGHT”: The applicant(

s) estimate(

s) that the application w ill take ...........[ time estimate]........... . [Check whichever one of the following boxes is correct. ] [ ] This matter is within the jurisdiction of a master. [ ] This matter is not within the jurisdiction of a master. , (

c) in

Part 3 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 2 above”, (

d) by renumbering paragraph 1 as paragrap h 3 and by renumbering paragraph 2 as paragraph 4, and (

e) by striking out the following: The applicant(

s) estimate(

s) that the application w ill take ...........[ time estimate]........... . [Check the correct box.] [ ] This matter is within the jurisdiction of a master. [ ] This matter is not within the jurisdiction of a master.

page 18 of 24 10 Form F32 in Appendix A is amended (

a) by striking out “ dd/mmm/yyyy” wherever it appears and substituting “date”, (

b) by adding the following above “

Part 1: ORDERS CONSENTED TO”: The application respondent(

s) estimate(

s) that the application will take ...........[time estimate]........... . , (

c) in

Part 5 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 4 above”, (

d) in

Part 5 by renumbering paragraph 1 as paragraph 3 and by renumbering paragraph 2 as paragraph 4, and (

e) by striking out the following: The application respondent(

s) estimate(

s) that the application will take ...........[time estimate]........... . 11 The following form is added to Appendix A: FORM F32.001 (RULES 10-6 (14.6) ) [Style of Proceeding] REQUISITION – CHAMBERS PRACTICE [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] Filed by: .........................[party(ies)].........................

Required: [ ] Order granting leave to provide application record late [Rule 10-6 (14.3)] [ ] Order to reinstate an appli cation to today’s hearing list [include date that the notice of application was filed] [Rule 10-6 (14.4)] [ ] Order as to costs or other directions [Rule 10-6 (14.5)] This order/relief is sought because: [Set out the reasons why the order or relief is sought] Position of the other party(ies): [State whether other parties have a position with respect to this application]

page 19 of 24 Date: ......................................... .............................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) ........................[ type or print name]........................ ORDER BY ENDORSEMENT (to be completed by a judge or master) Order granted [ ] / refused [ ] Conditions or directions: ................................................................................................................. .................................................................................................................

Endorsed: Judge/Master ................................ Date …………………..............………………….. 12 Form F45 in Appendix A is amended (

a) by striking out “ 14-2.1” and substituting “14-2.1 (1), (2) and (3)”, (

b) by striking out “ respecting items 3, 4, 6, 9 and 11(B), as applicable, is ........[total, in hours, of all times indicated in items 3, 4, 6, 9 and 11(

B) below ]........” and substituting “respecting items 3, 4, 6, 9 and 11 (b), as applicable, is ........[ total, in hours, of all times indicated in items 3, 4, 6, 9 and 11 (

b) below ]........”, and (

c) by striking out “ [total time of all applications in item 1C]” and substituting “[total time of all applications in item 1 (c)]”. 13 Form F46 in Appendix A is amended (

a) by striking out “ dd/mmm/yyyy” wherever it appears and substituting “date”, and (

b) by adding “ or was not required” after “family law case”. 14 Form F51.2 in Appendix A is amended (

a) by striking out “ 14-3 (7)” and substituting “15-1 (1)”, (

b) by striking out the following: THIS MATTER coming on for a Trial Management Conference at [insert location of registry] Law Courts on [insert date of hearing] and on hearing [insert name of person appearing] , [insert description of person appe aring, i.e., counsel for the claimant(s), appearing on their own behalf], and [insert name of person appearing],

page 20 of 24 [insert description of person appearing, i.e., counsel for the respondent(s)/appearing on their own behalf]; and substituting the following: THIS MATTER coming on for a Trial Management Conference at [insert location of registry] Law Courts on [insert date of hearing] and on hearing [insert name of person appearing] , [insert description of person appe aring, i.e., counsel for the claimant(s), appearing on their own behalf], and [insert name of person appearing], [insert description of person appearing, i.e., counsel for the respondent(s)/appearing on their own behalf]; , and (

c) by striking out the following: [insert name of person appearing] [insert name of person appearing] [insert description of person appearing] [insert description of person appearing] and substituting the following: [A signature line in the following form must be completed and signed by or for each approving party. ] .............................................................................. Signature of [ ] party [ ] lawyer for .......[name of party(ies)]..... .........................[type or print name]........................ ..............................................................................

Signature of [ ] party [ ] lawyer for ....... [name of party(ies)]..... .........................[type or print name]........................ . 15 Form F73 in Appendix A is amended (

a) by adding the following above “ This family law case is brought, for the relief set out in

Part 1 below, by”: The address of the registry is: The petitioner(

s) estimate(

s) that the hearing of the petition will take ...........[time estimate]........... . , (

b) by striking out the following:

page 21 of 24 and substituting the following: , (

c) in

Part 3 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 2 above”, (

d) by renumbering paragraph 1 as paragrap h 3 and by renumbering paragraph 2 as paragraph 4, (

e) by striking out “ dd/mmm/yyyy” wherever it appears and substituting “date”, and (

f) by striking out the following: The petitioner(

s) estimate(

s) that the hearing of the petition will take ...........[time estimate]........... . 16 Form F74 in Appendix A is amended (

a) by striking out “ dd/mmm/yyyy” wherever it appears and substituting “date”, (

b) by adding the following above “

Part 1: ORDERS CONSENTED TO”: The petition respondent(

s) estimate(

s) that the application will take ........[ time estimate]........ . , (

c) in

Part 5 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 4 above”, (

d) in

Part 5 by renumbering paragraph 1 as paragraph 3 and by renumbering paragraph 2 as paragraph 4, and (

e) by striking out the following:

(1) The address of the registry is:

(2) The ADDRESS FOR SERVICE of the petitioner(

s) is: ..........[Set out the street address of the address for service for each petitioner. One or both of a fax number and an e-mail address may be given as additional addresses for service.].......... Fax number address for service (if any) of the petitioner(s): E-mail address for service (if any) of the petitioner(s):

(3) The name and office address of the petitioner’s(s’) lawyer is:

(1) The ADDRESS FOR SERVICE of the petitioner(

s) is: ..........[Set out the street address of the address for service for each petitioner. One or both of a fax number and an e-mail address may be given as additional addresses for service.].......... Fax number address for service (if any) of the petitioner(s): E-mail address for service (if any) of the petitioner(s):

(2) The name and office address of the petitioner’s(s’) lawyer is:

page 22 of 24 The petition respondent(

s) estimate(

s) that the application will take ........[ time estimate]........ . 17 The following form is added to Appendix A: FORM F94.1 (RULE 21-8 (1) ) [Style of Proceeding] REQUISITION – LEAVE (VEXATIOUS LITIGANT) [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] Filed by: .........................[requesting person(s)]......................... Required: 1. Leave to file the attached documents.

The reasons why the Court should grant leave to file these documents are: ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... 2. [ ] The requesting person is not under a legal disability [ ] The requesting person is under a legal disability, namely ........................................................................................................................... ........................................................................................................................... 3. [ ] A copy of the order that requires the requesting person to seek leave of the court to file the attached documents is attached to this requisition Contact information of requesting person: (address and phone number of requesting person) ........................................................................................................................... ...........................................................................................................................

Date: ......................................... .............................................................................. Signature of person requesting leave ........................[ type or print name]........................

page 23 of 24 18 Form F98.1 in Appendix A is amended (

a) in

Part 2 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 1 above”, (

b) in

Part 2 by renumbering paragraph 1 as paragraph 3 and by renumbering paragraph 2 as paragraph 4, (

c) in

Part 3 by striking out “ [This part must set out the standard of review that the appellant says governs the appeal.]” and substituting the following: [Using paragraphs numbere d sequentially from

Part 2 above, this part must set out the standard of review that the appellant says governs the appeal.] 5 , (

d) in

Part 4 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 3 above”, (

e) in

Part 4 by renumbering paragraph 1 as paragraph 6 and by renumbering paragraph 2 as paragraph 7, and (

f) by striking out “ dd/mmm/yyyy” and substituting “date”. 19 Form F98.2 in Appendix A is amended To be completed by the court only: [ ] Request granted [ ] Request denied [ ] Hearing required without notice to intended respondent(s) [ ] Hearing required on notice to intended respondent(s) (directions for service if any) ..................................................... Signature of Judge or Master ..................................................... Name of Judge/Master (please print) Date: .............................................

page 24 of 24 (

a) in

Part 2 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 1 above”, (

b) in

Part 2 by renumbering paragraph 1 as paragraph 3 and by renumbering paragraph 2 as paragraph 4, (

c) in

Part 3 by striking out “ [This part must set out the standard of review that the respondent says governs the appeal.]” and substituting the following: [Using paragraphs numbere d sequentially from

Part 2 above, this part must set out the standard of review that the respondent says governs the appeal.] 5 , (

d) in

Part 4 by striking out “ numbered paragraphs” and substituting “paragraphs numbered sequentially from

Part 3 above”, (

e) in

Part 4 by renumbering paragraph 1 as paragraph 6 and by renumbering paragraph 2 as paragraph 7, and (

f) by striking out “ dd/mmm/yyyy” and substituting “date”.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 627/2023
Type	order_in_council
Volume / chapter	arc oic 0627 2023
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	278779d29a3d66b2e82068e8f6399e214696dcc1

Source file is stored in the law ingest library (pdf).