British Columbia Gazette Part II — B.C. Reg. 058/2012

B.C. Reg. 058/2012

British Columbia — Gazette

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 55, No. 7

58/2012

The British Columbia Gazette,

Part II

April 10, 2012

B.C. Reg. 58/2012 , deposited March 30, 2012, pursuant to the COURT RULES ACT [section 1]. Order in Council 192/2012, approved and ordered March 29, 2012.

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 April 25, 2012,

(

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

Schedule A, and

(

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

Schedule B.

— S. BOND, Minister of Justice and Attorney General ; S. THOMSON, Presiding Member of the Executive Council .

Schedule A

1 Rule 12-2 of the Supreme Court Civil Rules, B.C. Reg. 168/2009, is amended

(

a) in subrule (2) by striking out " If practicable, a trial management conference " and substituting " A trial management conference must be conducted by a judge or master and, if reasonably practicable, ", and

(

b) in subrules (7), (9), (10) and (11) by adding " or master " after " judge " wherever it appears.

2 Rule 15-1 (14) is amended by adding " or master " after " judge " in both places.

3 Forms 8, 35 and 79 are repealed and the following substituted:

Form 8 (Rules 3-8 (2), (3), (5) and (6) )

[Style of Proceeding]

BEFORE A REGISTRAR

DEFAULT JUDGMENT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]

[Select whichever one of the 2 following provisions is correct, complete the selected provision and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]

The plaintiff(

s) having filed and served a notice of civil claim and the defendant(s) ....................[ name(s) ].................... having failed to file and serve a response to civil claim within the time allowed;

Pursuant to an order made by ....................[ judge/master ].................... on ........[ dd/mmm/yyyy ]........ that this proceeding continue as if no response to civil claim had been filed by the defendant(s) ....................[ name(s) ]....................;

[ Select whichever one or more of the 4 following provisions is/are correct, complete the selected provision(

s) and remove the provision(

s) that has/have not been selected so that it/they do(es) not appear in the form when the form is filed. ]

[ Select and complete this provision if Rule 3-8 (3) is applicable ] THIS COURT ORDERS that the defendant(s) ....................[ name(s) ].................... pay to the plaintiff(

s) the sum of $....................;

[ Select and complete this provision if Rule 3-8 (5) is applicable ] THIS COURT ORDERS that the defendant(s) ....................[ name(s) ].................... pay to the plaintiff(

s) damages to be assessed;

[ Select and complete this provision if Rule 3-8 (6) (a) (

i) is applicable ] THIS COURT ORDERS that the defendant(s) ....................[ name(s) ].................... deliver to the plaintiff(

s) the goods detained by the defendant(s), being ....................[ description of goods ]...................., or pay to the plaintiff(

s) the value of the goods to be assessed;

[ Select and complete this provision if Rule 3-8 (6) (a) (ii) is applicable ] THIS COURT ORDERS that the defendant(s) ....................[ name(s) ].................... pay to the plaintiff(

s) the value to be assessed of the goods detained by the defendant(s) ...................., being ....................[ description of goods ]..................... ;

THIS COURT FURTHER ORDERS that the defendant(s) ....................[ name(s) ].................... pay to the plaintiff(s) ..........[ Set out one or more of the following as applicable: interest as claimed in the amount of $................... / interest under the Court Order Interest Act in the amount of $................... / costs in the amount of $................... / costs to be assessed].......... .

Date: ................[ dd/mmm/yyyy ].................

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

Registrar

Form 35 (Rules 8-4 (1), 13-1 (3) and 17-1 (2) )

[Style of Proceeding]

ORDER MADE AFTER APPLICATION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

BEFORE

THE HONOURABLE JUSTICE ................

or A JUDGE OF THE COURT

MASTER ...................................................

or A MASTER OF THE COURT

......[ dd/mmm/yyyy ]......

[ Select whichever one of the 3 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed. ]

ON THE APPLICATION of ......................[ party(ies) ]...................... coming on for hearing at ...................... on ........[ dd/mmm/yyyy ]........ and on hearing ................ [ name of party/lawyer ] ................ and ................[ name of party/lawyer ]................;

ON THE APPLICATION of ......................[ party(ies) ]...................... without notice coming on for hearing at ...................... on ........[ dd/mmm/yyyy ]........ and on hearing ................[ name of party/lawyer ]................;

ON THE APPLICATION of ......................[ party(ies) ]...................... without a hearing and on reading the materials filed by ................[ name of party/lawyer ]................ and ................[ name of party/lawyer ]................;

THIS COURT ORDERS that:

[ If any of the following orders are by consent, indicate that fact by adding the words "By consent," to the beginning of the description of the order. ]

THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:

[ 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 ]........................

By the Court.

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

Registrar

Form 79 (Rule 20-5 (3) )

[Style of Proceeding]

ORDER FOR INDIGENT STATUS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

[ Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed. ]

BEFORE

THE HONOURABLE JUSTICE

MASTER

.....[ dd/mmm/yyyy ].....

ON THE APPLICATION of ................[ name ]................ [ add the following if applicable: coming on before me on ........[ dd/mmm/yyyy ]........ and on hearing ................[ name of party/lawyer ]................ and ................[ name of party/lawyer ]................];

[ Select whichever one of the 4 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed. ]

THIS COURT ORDERS that no fee is payable by ................[ name of person ]................ to the government under

Schedule 1 of Appendix C of the Supreme Court Civil Rules in relation to this proceeding [ add the following if applicable: subject to the following: ................[ set out any conditions on this order ]................] .

THIS COURT ORDERS that no fee is payable by ................[ name of person ]................ to the government under

Schedule 1 of Appendix C of the Supreme Court Civil Rules in relation to the following part(

s) of this proceeding: ................[ describe part(s) ]................ [ add the following if applicable: subject to the following: ................[ set out any conditions on this order ]................] .

THIS COURT ORDERS that no fee is payable by ................[ name of person ]................ to the government under

Schedule 1 of Appendix C of the Supreme Court Civil Rules in relation to this proceeding during the following period(s): ................[ describe period(s) ]................ [ add the following if applicable: subject to the following: ................[ set out any conditions on this order ]................] .

THIS COURT ORDERS that no fee is payable by ................[ name of person ]................ to the government under

Schedule 1 of Appendix C of the Supreme Court Civil Rules in relation to the following steps in this proceeding: ................[ describe step(s) ]................ [ add the following if applicable: subject to the following: ................[ set out any conditions on this order ]................] .

By the Court.

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

Registrar

Schedule B

1 Rule 14-3 of the Supreme Court Family Rules, B.C. Reg. 169/2009, is amended

(

b) in subrules (5), (9), (10) and (11) by adding " or master " after " judge " wherever it appears.

2 Forms F37, F38, F51, F52, F54 and F85 are repealed and the following substituted:

Form F37 (Rule 10-10 (2) )

This is the .....[ 1st/2nd/3rd/etc. ]..... affidavit

of .............[ name ]............. in this case

and was made on .......[ dd/mmm/yyyy ].........

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

CHILD SUPPORT AFFIDAVIT

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

I, ...............[ name ]................, of ................................[ address ]................................, ................[ occupation ]................, SWEAR (OR AFFIRM) THAT:

1 I am the ................[ claimant/respondent ]................ .

2 The following is true to the best of my information and belief:

(

a) Parties:

Claimant's name

Province of residence

Respondent's name

Province of residence

(

b) Children: [ Where options are provided in the table to this paragraph, select whichever one of the options is correct and remove the option that has not been selected so that it does not appear in the form when the form is filed. ]

Child's name

Birthdate [dd/mmm/yyyy]

Age

Child now

living with

Relationship to

claimant

Relationship to

respondent

claimant

respondent

natural child

step-child

natural child

step-child

claimant

respondent

natural child

step-child

natural child

step-child

claimant

respondent

natural child

step-child

natural child

step-child

claimant

respondent

natural child

step-child

natural child

step-child

3 The ........[ notice of family claim/counterclaim ]........ includes a claim for a child support order.

3 The ........[ notice of family claim/counterclaim ]........ included a claim for a child support order but that claim has been withdrawn.

3 The ........[ notice of family claim/counterclaim ]........ never included a claim for a child support order.

[ Provide the information required under the child support guidelines (the "Guidelines") by selecting and, if applicable, completing each of sections 4a, 4b and 4c that relates to that information, and remove each of sections 4a, 4b and 4c that does not relate to information required under the Guidelines so that that

section does not appear in the form when the form is filed. If none of sections 4a, 4b and 4c is required under the Guidelines, remove sections 4a, 4b and 4c so that they do not appear in the form when the form is filed and instead add a

section 4d as follows:

Section 4 is omitted as inapplicable.]

4a Claimant's annual income as determined under sections 15 to 20 of the Guidelines: $............. .

4b Respondent's annual income as determined under sections 15 to 20 of the Guidelines: $............. .

4c The claimant and the respondent have entered into an agreement as to income pursuant to

section 15 (2) of the Guidelines, a copy of which agreement is attached. [ Attach a copy of the agreement to this affidavit. ].

[ Select whichever one of the following 2 provisions is correct, complete the selected provision and remove the provision that has not been selected so that it does not appear in the form when the form is filed. ]

5 The monthly amount in

Schedule 1 of the Guidelines is $............., payable by the ................[ claimant/respondent ]................ .

5 I have completed and attached to this affidavit .......... [ Set out one or more of the following as applicable : Supplementary Child Support Fact Sheet B / Supplementary Child Support Fact Sheet C / Supplementary Child Support Fact Sheet D / Supplementary Child Support Fact Sheet E / Supplementary Child Support Fact Sheet F]

[Note: Attach Supplementary Child Support Fact Sheet B if custody is shared, attach Supplementary Child Support Fact Sheet C if custody is split, attach Supplementary Child Support Fact Sheet D if one or more children is over the age of majority, attach Supplementary Child Support Fact Sheet E if undue hardship is alleged and attach Supplementary Child Support Fact Sheet F if at least one of the party's income exceeds $150,000. Do not attach any Supplementary Child Support Fact Sheet unless it is one required by this note to be attached.]

[ Select whichever one of the 5 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed. ]

6 The proposed order sets out that $................ is the amount of child support payable by the ........[ claimant/respondent ]........, which amount accords with the child support guidelines.

6 The proposed order by consent, pursuant to

section 15.1 (7) of the Divorce Act (Canada) or

section 93.1 of the Family Relations Act , sets out that $................ is the amount of child support payable by the ........[ claimant/respondent ]........, which amount is different than the amount required by the Guidelines.

6 The proposed order sets out that $................ is the amount of child support payable by the ........[ claimant/respondent ]........, which amount is different than the amount required by the Guidelines, but the following special provisions, within the meaning of

section 15.1 (5) of the Divorce Act (Canada) , have been made: .................................. .

6 The proposed order sets out that $.............. is the amount of child support payable by the ........[ claimant/respondent ]........, in accordance with the agreement referred to in

section 4 (

c) of this affidavit.

6 The proposed order does not include child support but the following arrangements have been made for the support of the child: ................................................................................ .

[ Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed. ]

7 The expenses under

section 7 of the Guidelines are not included in the proposed order.

7 I have completed and attached to this affidavit Supplementary Child Support Fact Sheet A, and the amount set out in the proposed order for the expenses under

section 7 of the Guidelines ("section 7 expenses") is $............. .

[ Select whichever one or more of the 3 following provisions is/are correct and remove the provision(

s) that has/have not been selected so that it/they do(es) not appear in the form when the form is filed. ]

8a Medical coverage is available for the children under the claimant's medical insurance plan.

8b Medical coverage is available for the children under the respondent's medical insurance plan.

8c Medical coverage is not available for the children under either of the party's medical insurance plans.

9 There is no order of any court in force dealing with support of the children.

9 Attached as Exhibit(s) ..........[ A, B, C, D, as the case may be ]...............[ is/are ]..... the order(

s) in force that deal(

s) with the support of the children.

10 There is no agreement dealing with support of the children.

10 Attached as Exhibit(s) ....[ A, B, C, D, as the case may be ].... .....[ is/are ].... the written agreement(

s) that deal(

s) with the support of the children.

11 The amount of arrears of child support, as at ........[ dd/mmm/yyyy ]........, under any existing order or written agreement is .......[ nil/ $..... ]....... .

SWORN (OR AFFIRMED) BEFORE

ME at ........................., British Columbia

on ..........[ dd/mmm/yyyy ].......... .

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

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

A commissioner for taking

affidavits for British Columbia

....[ print name or affix stamp of commissioner ]....

SUPPLEMENTARY CHILD SUPPORT FACT SHEET A - SPECIAL OR EXTRAORDINARY EXPENSES

Section 7 expenses (net of tax credits and contributions from child(ren), etc.)

Annual

Monthly

(

a) Child care expenses

(

b) Portion of medical and dental premiums attributable to the child(ren)

(

c) Health related expenses that exceed insurance reimbursement by at least $100

(

d) Extraordinary primary, secondary or other educational expenses

(

e) Post-secondary school expenses

(

f) Extraordinary extracurricular activities expenses

(

g) Total

Section 7 expenses

Parties' respective proportionate shares of the total net monthly

Section 7 expenses referred to at line (

g) above:

Amount

Claimant's proportionate share

Respondent's proportionate share

Total monthly child support payable by the ..........[ claimant/respondent ].......... after taking into account the monthly Guidelines table amount under

Schedule 1 of the Guidelines and the

Section 7 expenses is $.......... .

SUPPLEMENTARY CHILD SUPPORT FACT SHEET B - SHARED CUSTODY

Claimant

Respondent

Number of children = ..........

Approximate percentage of time children spend with each parent

Annual Guidelines income [ determine amount under sections 15 to 20 of the Guidelines ]

Guidelines table amount [ use applicable amount from

Schedule 1 of the Guidelines ]

Difference between the Guidelines table amount of the claimant and the Guidelines table amount of the respondent

$..........

Section 7 expenses paid directly by each party

Any other relevant information regarding the conditions, means, needs and other circumstances of each spouse or of any child for whom support is sought: ....................................................................................

It is proposed that child support in the amount of $......... per month be paid by the ...............[ claimant/respondent ]............... .

SUPPLEMENTARY CHILD SUPPORT FACT SHEET C - SPLIT CUSTODY

(

a) Number of children principally resident with claimant for whom support is claimed

(

b) Respondent's annual Guidelines income [ determine amount under sections 15 to 20 of the Guidelines ]

(

c) Guidelines table amount payable by respondent for ..........[ insert number from paragraph (a) ].......... children

(

d) Number of children principally resident with respondent for whom the claimant is obliged to pay support

(

e) Claimant's annual Guidelines income [ determine amount under sections 15 to 20 of the Guidelines ]

(

f) Guidelines table amount payable by claimant for ..........[ insert number from paragraph (d) ].......... children

Difference between Guidelines table amounts: ..........[ difference between paragraphs (

c) and (f) ]..........

SUPPLEMENTARY CHILD SUPPORT FACT SHEET D - CHILD 19 YEARS OR OLDER

(

a) Number of child(ren) 19 years of age or older for whom support is claimed: ..........

(

b) Child support is to be paid by the ..........[ claimant/respondent ].......... (the "payor")

(

c) Monthly Guidelines table amount of the payor under

Schedule 1 of the Guidelines: $.........

The person swearing this affidavit says that the Guidelines table amount is appropriate.

The person swearing this affidavit says that the Guidelines table amount is inappropriate and that the appropriate amount would be $...... for the following reasons: ................[ Give reasons to justify the proposed amount, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent and the child to contribute to the support of the child. ]................ .

SUPPLEMENTARY CHILD SUPPORT FACT SHEET E - UNDUE HARDSHIP

[Complete this form only if it applies to you under

section 10 (3) and (4) of the Guidelines.]

1 Responsibility for unusually high debts reasonably incurred to support the family before separation or in order to earn a living

Owed to

Terms of debt

Monthly Amount

• [ list ]

• [ provide details ]

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

2 Unusually high expenses for exercising access to a child

Details of expense

• [ list ]

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

3 Legal duty under a court order or separation agreement to support another person

Name of person

Relationship

Nature of duty

4 Legal duty to support a child, other than a child for whom support is claimed, who is

(

a) under age 19, or

(b) 19 or older but unable to support himself or herself because of illness, disability or other cause

Name of person

Relationship

Nature of duty

5 Legal duty to support a person who is unable to support himself or herself because of illness or disability

Name of person

Relationship

Nature of duty

6 Other undue hardship circumstances [ provide details ]

INCOME OF OTHER PERSONS IN HOUSEHOLD

Name of person

Annual income

Total

SUPPLEMENTARY CHILD SUPPORT FACT SHEET F - INCOME OVER $150,000

Total number of children for whom support is claimed = ..........

Guidelines table amount for $150,000 =

$..........

Plus ..........% of income over $150,000

[ determine applicable percentage from the Guidelines table ] =

$..........

Guidelines table amount

[ Total amount of lines 2 and 3 ]

$..........

[ Select whichever one of the 4 following provisions is correct, provide any required information and remove the provisions that have not been selected so that they do not appear in the form when the form is filed. ]

We have agreed on the Guidelines table amount set out in line 4 above as the amount of child support.

We have agreed on an amount of child support that differs from the Guidelines table amount and the amount of child support agreed on

(

a) is $ ............., and

(

b) differs from the Guidelines table amount because ..........[ provide details, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent and the child to contribute to the support of the child ]......... .

We have not agreed on an amount of child support and the amount of child support the claimant is claiming is the Guidelines table amount set out in line 4 above.

We have not agreed on an amount of child support and the amount of child support the claimant is claiming

(

a) is $............. , and

(

Form F38 (Rule 10-10 (2) )

This is the ......[ 1st/2nd/3rd/etc. ]...... affidavit

of ..............[ name ].............. in this case

and was made on .........[ dd/mmm/yyyy ].........

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Claimant 1 [ joint family law case ]:

Respondent:

Claimant 2 [ joint family law case ]:

AFFIDAVIT - DESK ORDER DIVORCE

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

I, ................[ name ]................, of ................................[ address ]................................, ................[ occupation ]................, SWEAR (OR AFFIRM) THAT:

1 I am ..........[ the claimant/the respondent/Claimant 1/Claimant 2 ].......... .

2 There is no possibility of reconciliation between my spouse and me.

[ Select whichever one of the 2 following provisions is correct and remove the provision that has not been selected so that it does not appear in the form when the form is filed. ]

3 I believe that the facts set out in the notice of family claim are true.

3 I believe that the facts set out in the response to family claim and counterclaim are true.

4 The certificate of marriage or certified copy of the registration of marriage filed in this family law case fully and correctly describes the true particulars of the marriage.

4 It is impossible to obtain a certificate of marriage or a certified copy of the registration of marriage and instead, in accordance with

section 52 (1) (

a) of the Evidence Act , I refer to the affidavit of ................[ name ]................, a person who was present at the marriage ceremony, which affidavit is filed in this family law case.

5 [ Select this provision if the grounds for divorce are separation for more than one year. ] I was living separate and apart from my spouse at the start of this family law case and I have lived separate and apart from my spouse since ........ [ dd/mmm/yyyy ]........, except: ................[ provide dates of any periods of attempted reconciliation ]................ .

5 [ Select this provision if the grounds for divorce are adultery of a spouse and there has been an admission of adultery.] My spouse has admitted to me that .....[ he/she ]..... committed the acts of adultery alleged in

Schedule 1 of the ................[ notice of family claim/counterclaim ]................ and

(

a) as corroboration I refer to ..........[ Set out whichever one of the following is applicable: the affidavit(

s) of ................[ name(s) ]................, / the transcript of the examination for discovery of ................[ name ]................ marked as Exhibit "A" to this affidavit] .......... ,

(

b) I have not condoned the conduct of my spouse that is alleged as the grounds for divorce in that I have not forgiven my spouse for that conduct, nor have I encouraged or acquiesced in that conduct.

5 [ Select this provision if the grounds for divorce are adultery of a spouse and there has been no admission of adultery.] I have no personal knowledge of the acts of adultery alleged in

Schedule 1 of the ..........[ notice of family claim/counterclaim ].......... and

(

a) in proof of the adultery committed by my spouse I refer to ..........[ Set out whichever one of the following is applicable: the affidavit(

s) of ................[ name(s) ]................, / the transcript of the examination for discovery of ................[ name ]................ marked as Exhibit "A" to this affidavit].......... ,

(

b) I have not condoned the conduct of my spouse that is alleged as the grounds for divorce in that I have not forgiven my spouse for that conduct, nor have I encouraged or acquiesced in that conduct.

5 [ Select this provision if the grounds for divorce are physical or mental cruelty of a spouse. ] My spouse has treated me with physical or mental cruelty since the date of the marriage as follows: ................[ provide details ]................

6 I am neither directly nor indirectly a party to an agreement or conspiracy for the purpose of subverting the administration of justice, or to any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court.

7 There are no children of the marriage as defined by the Divorce Act (Canada).

7 There are children of the marriage as defined by the Divorce Act (Canada) and

(

a) those children are ..........[ provide the full name, age and birth date of each child of the marriage ]................,

(

b) I have sworn a child support affidavit in Form F37, and

(

c) the following arrangements have been made for the custody of and access to the children: ................[ provide details ]................ .

SWORN (OR AFFIRMED) BEFORE

ME at ........................., British Columbia

on ..........[ dd/mmm/yyyy ].......... .

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

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

A commissioner for taking

affidavits for British Columbia

....[ print name or affix stamp of commissioner ]....

Form F51 (Rule 15-1 (1) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

ORDER MADE AFTER APPLICATION

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

[ Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed. ]

BEFORE

THE HONOURABLE JUSTICE

or A JUDGE OF THE COURT

MASTER

or A MASTER OF THE COURT

......[ dd/mmm/yyyy ]......

[ Select whichever one of the 2 following provisions is correct, complete the selected provision and remove the provision that has not been selected so that it does not appear in the form when the form is filed. ]

ON THE APPLICATION of ......................[ party(ies) ]...................... coming on for hearing at ...................... on ........[ dd/mmm/yyyy ]........ and on hearing ................[ name of party/lawyer ]................ and ................[ name of party/lawyer ]................;

THIS COURT ORDERS that:

[ If any of the following orders are by consent, indicate that fact by adding the words "By consent," to the beginning of the description of the order.] [If this order is to rescind, change or suspend a final order, identify the judge by whom and the date on which that order was made. ]

THE PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:

[ 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 ]........................

By the Court.

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

Registrar

Form F52 (Rule 15-1 (1) )

Court File No.: .........................

Court Registry: .........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

FINAL ORDER

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

[ Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]

BEFORE

THE HONOURABLE JUSTICE

or A JUDGE OF THE COURT

MASTER

or A MASTER OF THE COURT

......[ dd/mmm/yyyy ]......

This family law case coming on for trial at ...................... on ........[ dd/mmm/yyyy ]........, and on hearing ................, [ add the following if applicable: the lawyer for] the claimant and ................, [ add the following if applicable: the lawyer for] the respondent, and on considering the evidence put forward [ add the following if applicable: AND JUDGMENT being reserved to this date];

This family law case coming on for hearing at ...................... on ........[ dd/mmm/yyyy ]........ and on hearing ................[ name of party/lawyer ]................ and ................[ name of party/lawyer ]................, and on considering the evidence put forward;

This family law case coming on for

summary trial under Rule 11-3 of the Supreme Court Family Rules, and on considering the evidence put forward;

This family law case coming on as an undefended family law case without an oral hearing under Rule 10-10 of the Supreme Court Family Rules, and on considering the evidence put forward;

THIS COURT ORDERS that

[ If a divorce is granted, select whichever one of the 2 following provisions is correct, complete the selected provision and remove the provision that has not been selected so that it does not appear in the form when the form is filed. If a divorce is not granted, remove both of the following provisions so that they do not appear in the form when the form is filed. ]

Subject to

section 12 of the Divorce Act (Canada), the claimant, ................[ name ]................, and the respondent, ................[ name ]................, who were married at ................[ place ]................ on ........[ dd/mmm/yyyy ]........, are divorced from each other, the divorce to take effect on the 31st day after the date of this order.

Subject to

THIS COURT ORDERS that

[ If orders other than or in addition to divorce orders are made, set out, in numbered paragraphs, the terms of all orders other than divorce orders.] [If any of the following orders are by consent, indicate that fact by adding the words "By consent," to the beginning of the description of the order.] [If no orders other than divorce orders are made, remove this provision so that it does not appear in the form when the form is filed. ]

THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:

[ 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 ] ........................

By the Court.

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

Registrar

Form F54 (Rule 15-1 (1) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

RESTRAINING ORDER

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

[ Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]

BEFORE

THE HONOURABLE JUSTICE

MASTER

......[ dd/mmm/yyyy ]......

Name of applicant: ................................................

Persons appearing: ................................................

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

Lawyer: ................................................

This order is ..........[ Set out one or more of the following as applicable: an interim order / a final order / a consent order / an order without notice].......... .

[ Complete the following provision if applicable. Otherwise, remove the provision so that it does not appear in the draft order when the form is filed. ]

The order dated ........[ dd/mmm/yyyy ]........ is changed as stated below.

This order will expire on ........[ dd/mmm/yyyy ]........ .

[ Select whichever one or more of the 6 following provisions is/are correct, complete the selected provision(

s) and remove the provision(

s) that is/are not selected so that it/they do(es) not appear in the draft order when the form is filed. ]

THIS COURT ORDERS that, under

section 37 of the Family Relations Act , ........[ full name and date of birth of person restrained ]........ is restrained from molesting, annoying, harassing or communicating with, or attempting to molest, annoy, harass or communicate with, ........[ set out full names of applicant, child(ren) in the lawful custody of applicant or both, as appropriate ]........ .

THIS COURT ORDERS that, under

section 46 of the Family Maintenance Enforcement Act , ........[ full name and date of birth of person restrained ]........ is restrained from molesting, annoying, harassing or communicating with, or attempting to molest, annoy, harass or communicate with, ........[ set out name of creditor, debtor, director or other person ]........ .

THIS COURT ORDERS that, under

section 38 of the Family Relations Act , ........[ full name and date of birth of person restrained ]........ must not enter premises where ........[ set out full name(

s) of child(ren) in the custody of the applicant ]........ are residing.

THIS COURT ORDERS that, under

section 38 of the Family Relations Act , ........[ full name and date of birth of person restrained ]........ must not make contact with, try to make contact with or otherwise interfere with ........[ set out full name(

s) of child(ren) in the custody of the applicant and (if applicable) the full name of the applicant ]........ .

THIS COURT ORDERS that, under

section 126 of the Family Relations Act , ........[ full name and date of birth of person restrained ]........ must not enter premises that are occupied by ........ [ set out full name of applicant and of children who are in the custody of the applicant ]........ for as long as ........[ full name of applicant ]........ and ........[ full name of person restrained ]........ continue to live separate and apart.

THIS COURT ORDERS that any peace officer, including any R.C.M.P. officer having jurisdiction in the province of British Columbia, who on reasonable and probable grounds believes that ........[ full name and date of birth of person restrained ]........ is in breach of the terms of this order, may immediately arrest that person and bring ........[ him/her ]........ before a judge of the Supreme Court promptly after the arrest, to be dealt with on an inquiry to determine whether ........[ he/she ]........ has committed a breach of this order.

[ Add any further terms of restraining order. ]

By the Court.

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

Registrar

TAKE NOTICE:

If you, ........[ full name of person restrained ]........, refuse or neglect to obey this order, you are liable to arrest by a peace officer, including an R.C.M.P. officer having jurisdiction in British Columbia, and to imprisonment for contempt of court, or for committing an offence under

section 128 of the Family Relations Act .

Form F85 (Rule 20-5 (3) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

ORDER FOR INDIGENT STATUS

[ Rule 21-1 of the Supreme Court Family Rules applies to all forms. ]

[ Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]

BEFORE

THE HONOURABLE JUSTICE

MASTER

......[ dd/mmm/yyyy ]......

ON THE APPLICATION of ................[ name ]................ [add the following if applicable: coming on before me on ........[ dd/mmm/yyyy ]........ and on hearing ................[ name of party/lawyer ]................ and ................[ name of party/lawyer ]................];

THIS COURT ORDERS that no fee is payable by ................[ name of person ]................ to the government under

Schedule 1 of Appendix C of the Supreme Court Family Rules in relation to this family law case [ add the following if applicable: subject to the following: ................[ set out any conditions on this order ]................] .

THIS COURT ORDERS that no fee is payable by ................[ name of person ]................ to the government under

Schedule 1 of Appendix C of the Supreme Court Family Rules in relation to the following part(

s) of this family law case: ................[ describe part(s) ]................ [ add the following if applicable: subject to the following: ................[ set out any conditions on this order ]................] .

THIS COURT ORDERS that no fee is payable by ................[ name of person ]................ to the government under

Schedule 1 of Appendix C of the Supreme Court Family Rules in relation to this family law case during the following period(s): ................[ describe period(s) ]................ [ add the following if applicable: subject to the following: ................[ set out any conditions on this order ]................] .

THIS COURT ORDERS that no fee is payable by ................[ name of person ]................ to the government under

Schedule 1 of Appendix C of the Supreme Court Family Rules in relation to the following steps in this family law case: ................[ describe step(s) ]................ [ add the following if applicable: subject to the following: ................[ set out any conditions on this order ]................] .

By the Court.

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

Registrar

Document details

Collection	British Columbia — Gazette
Citation	B.C. Reg. 058/2012
Type	gazette
Volume / chapter	bcgaz2 v55n07 058 2012
Language	en
Format	xml
Source	PROVINCIAL
Identifier	282365939abcb93c97ce8b61b0f5923785d050b2

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