British Columbia Gazette Part II — B.C. Reg. 003/2016
B.C. Reg. 003/2016
British Columbia — Gazette
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Volume 59, No. 1
3/2016
The British Columbia Gazette,
Part II
February 9, including January 26, 2016
B.C. Reg. 3/2016 , deposited January 29, 2016, under the COURT RULES ACT [section 1]. Order in Council 32/2016, approved and ordered January 28, 2016.
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, 2016, the Supreme Court Civil Rules, B.C. Reg. 168/2009, are amended as set out in the attached Schedule.
— S. ANTON, Attorney General and Minister of Justice ; N. LETNICK, Presiding Member of the Executive Council .
Schedule
1 Rule 12-2 of the Supreme Court Civil Rules, B.C. Reg. 168/2009, is amended
(
a) by repealing subrule (3) and substituting the following:
Trial brief required
(3) Unless the court otherwise orders, the plaintiff must, at least 28 days before the date set for the trial management conference,
(
a) file a trial brief in Form 41, and
(
b) serve a copy of the filed trial brief on all other parties of record.
Court may require further information, dispense with trial management conference
(3.1) Unless the court otherwise orders, each party of record, other than the plaintiff, must, no later than 21 days before the date set for the trial management conference,
(
a) file a trial brief in Form 41, and
(
b) serve a copy of the filed trial brief on all other parties of record.
Failure to serve trial brief
(3.2) If a party of record has failed to comply with subrule (3) (
b) or (3.1) (b), the judge or master at a trial management conference may order costs against that party.
Trial removed from trial list
(3.3) Unless the court otherwise orders, a trial must be removed from the trial list if no trial brief has been filed under subrule (3) or (3.1).
Application for consent order
(3.4) Despite subrule (1), the parties of record may, no later than 14 days before the date set for a trial management conference, apply under Rule 8-3 (1) for an order by consent dispensing with the need for a trial management conference.
Application materials
(3.5) In addition to the materials required under Rule 8-3 (1), an application referred to in subrule (3.4) of this Rule must include
(
a) a copy of each filed trial brief, and
(
b) a trial certificate in Form 42 from every party of record.
Consent order
(3.6) A judge or master may make the order referred to in subrule (3.4) if satisfied that the matter is ready to proceed to trial and can be completed within the time reserved for it. , and
(
b) in subrule (6), by repealing paragraph (c).
2 Rule 15-1 (15) is repealed and the following substituted:
Costs
(15) Unless the court otherwise orders or the parties consent, and subject to Rule 14-1 (10), the amount of costs, exclusive of disbursements, to which a party to a fast track action is entitled is as follows:
(
a) if the action is settled more than 90 days before trial, $8 500;
(
b) if the action is settled fewer than 91 days but more than 29 days before trial, $9 250;
(
c) if the action is settled fewer than 30 days before trial, $10 000;
(
d) if the action proceeds to trial, $10 000 plus $1 500 for each day of trial.
3 Form 22 in Appendix A is amended by striking out the following:
Date: ...............[ dd/mmm/yyyy ]................
...........................................................................
Signature of [ ] listing party [ ] lawyer for listing
party
........................[ type or print name ].....................
and substituting the following:
Date: ................[ dd/mmm/yyyy ].................
Implied undertaking to the court
Documents produced are not to be used by the other party(ies) except for the purposes of this litigation unless and until the scope of the undertaking is varied by a court order or other judicial order, consent or statutory override or a situation of immediate and serious danger emerges. This implied undertaking continues despite settlement or completion of the litigation.
.............................................................................
Signature of [ ] listing party [ ] lawyer for listing
party
........................[ type or print name ]........................
4 Form 23 in Appendix A is amended by striking out the following:
Date: ...............[ dd/mmm/yyyy ]................
........................................................................... Signature of [ ] party wishing to conduct
examination [ ] lawyer for party(ies) wishing to
conduct examination
........................[ type or print name ]........................
and substituting the following:
Date: ................[ dd/mmm/yyyy ].................
Implied undertaking to the court
Documents produced are not to be used by the other party(ies) except for the purposes of this litigation unless and until the scope of the undertaking is varied by a court order or other judicial order, consent or statutory override or a situation of immediate and serious danger emerges. This implied undertaking continues despite settlement or completion of the litigation.
............................................................................. Signature of [ ] party wishing to conduct
examination [ ] lawyer for party(ies) wishing to
conduct examination
........................[ type or print name ]........................
5 Form 41 in Appendix A is repealed and the following substituted:
Form 41 (Rule 12-2 (3) and (3.1) )
[Style of Proceeding]
TRIAL BRIEF
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
Filed by: .................[ party ].................
(the “filing party”)
[ The pages of this trial brief must be consecutively numbered. If this trial brief is more than 5 pages in length, it must include an index. ]
The trial of this action is scheduled for ........[ number of days scheduled for trial ]........ days and is scheduled to begin on ........[ dd/mmm/yyyy ]........ .
The total time needed respecting items 2, 4, 5, 9 and 11, as applicable, is ........[ total, in hours, of all times indicated in items 2, 4, 5, 9 and 11 below ]........ .
[ Check whichever one of the following boxes is correct and complete any required information. ]
[ ] The filing party expects the trial to complete within the scheduled time.
[ ] The filing party expects the trial to require ........[ number ]........ days, and the filing party and counsel are available to continue for ........[ number ]........ consecutive days following the currently scheduled completion date.
Summary of Issues and Positions
The following are the issues in dispute and the filing party’s position on each:
Issue in dispute Filing party’s position
2 Witnesses to be Called
The following are the names and addresses of the witnesses the filing party intends to call at trial, the issue(
s) each will address, an estimate of the time each will need for giving direct evidence, and the filing party’s opinion on whether, if the court so orders or the parties all consent, the witness’s direct evidence could conveniently be given by affidavit:
Name
Address
Issue
Time in
hours
needed
Direct evidence
by affidavit
(Y/N)
3 Expert Reports
The following are the expert reports that will be offered as evidence at trial:
Name of expert
Area of expertise
Date of report
4 Witnesses to be Cross-Examined
The following are the names of the witnesses the filing party anticipates cross-examining at trial, and an estimate of the time the filing party will need for each:
Name Time in hours needed
5 Objection to Admissibility
The filing party intends to object to the admissibility of all or a part of the following expert reports:
Name of expert Area of expertise Date of report Basis of objection Time in
hours
needed
6 Documents and Exhibits
1 The parties [ ] have agreed on [ ] have not agreed on [ ] have not yet discussed a common book of documents.
2 The parties [ ] have reached [ ] have not reached [ ] have not yet discussed an agreement governing the use and admissibility of documents.
7 Admissions
The filing party will admit the following facts at trial:
8 Authorities
The filing party [ ] expects [ ] does not expect that there will be a joint brief of authorities.
9 Time Required for Submissions
The filing party estimates that ........[ time estimate, in hours ]........ will be needed for the filing party’s opening statement and ........[ time estimate, in hours ]........ will be needed for that party’s final submissions.
10 Orders That May Affect the Conduct of the Trial
The following orders may affect the conduct of the trial:
Date of order
Nature of order
11 Orders or Directions to be Applied for at the Trial Management Conference
The following orders or directions will be applied for at the trial management conference:
Nature of order or direction Time in hours needed for application
12 Settlement
1 Settlement discussions or mediation sessions [ ] have [ ] have not taken place.
2 A mediation [ ] is [ ] is not scheduled before the date set for trial.
3 The court at the trial management conference [ ] will [ ] will not be asked to assist the parties’ efforts to settle.
13 Trial to be heard with or without jury
[ Check the correct box. ]
The trial of this action is to be heard by the court
[ ] without a jury.
[ ] with a jury.
Date: ...............[ dd/mmm/yyyy ]................
...........................................................................
Signature of [ ] filing party [ ] lawyer for filing
party
.......................[ type or print name ]........................
6 Appendix B is repealed and the following substituted:
Appendix B – Party and Party Costs
Interpretation
1 In this Appendix, “process” means the drawing, filing or service of a document and any amendment to it or particulars of it, but does not include an application made with respect to the process or any part of the process.
Scale of costs
(1) Subject to sections 3 and 4, if a court has made an order for costs, it may determine if the case involves less than ordinary difficulty, ordinary difficulty or more than ordinary difficulty.
(2) If the difficulty involved in a case has not been determined under subsection (1), costs must be assessed under subsection (4) as if the case involved ordinary difficulty.
(3) Unless the court otherwise orders or the parties otherwise agree, if an offer to settle is made under Rule 9-1, any costs payable on acceptance of that offer must be assessed as if the case involved ordinary difficulty.
(4) After the difficulty involved in a case has been determined, a registrar must assess the costs in accordance with the Tariff.
Uncontested foreclosure proceedings
3 In a proceeding under Rule 21-7, uncontested at the hearing on any issue except costs, the costs must be assessed as if the case involved less than ordinary difficulty.
Default judgment and process for execution
(1) Schedule 1 applies to the costs that may be assessed on a default judgment entered under Rule 3-8.
(2) The amount involved under subsection (1) is the amount for which the judgment is entered.
(3) If a writ of execution or garnishing order, or a process in Form 56, 58 or 59, is issued, the costs must be endorsed on the process and allowed in accordance with
Schedule 2.
(4) The amount involved under subsection (3) is the amount payable, if any, that is endorsed on the process.
(5) In addition to the fees set out in Schedules 1 and 2, the costs of any application to the court relating to the judgment or to the process for execution may be ordered to be assessed under the Tariff.
Apportionment if proceedings tried together
5 If 2 or more proceedings have, by order, been tried at the same time or tried one after the other and no order has been made as to apportionment of costs, the registrar may
(
a) assess 2 or more bills as one bill,
(
b) allow an item once or more than once, or
(
c) apportion the costs of an item or of the whole bill between the proceedings.
Offer to settle bill of costs
6 A party to an assessment may serve on another party an offer to settle the amount of the bill of costs in Form 123 and, after the assessment has been completed, may produce the offer to the registrar, and the registrar must determine whether the offer should have been accepted and, if so, may disallow items of the Tariff that relate to the assessment to the party presenting the bill, and
(
a) allow, by way of set-off, items of the Tariff that relate to the assessment to the party making the offer, or
(
b) allow double the value of items of the Tariff that relate to the assessment to the party presenting the bill and making the offer.
Transitional – orders, settlements and costs before 2007
7 Appendix B of the Supreme Court Civil Rules, B.C. Reg. 221/90, as it read on December 31, 2006, applies to
(
a) orders for costs made before January 1, 2007,
(
b) settlements reached before January 1, 2007 under which payment of assessed costs is agreed to,
(
c) costs payable on acceptance of an offer to settle made under Rule 37, if that offer to settle was made before January 1, 2007, and
(
d) all assessments related to those orders, settlements and costs.
Transitional – orders, settlements and costs before 2010
8 Without limiting
section 9, Appendix B of the Supreme Court Civil Rules, B.C. Reg. 221/90, as it read on June 30, 2010, applies to
(
a) orders for costs made after December 31, 2006 and before July 1, 2010,
(
b) settlements reached after December 31, 2006 and before July 1, 2010 under which payment of assessed costs is agreed to,
(
c) costs payable on acceptance of an offer to settle made under Rule 37 or 37B, if that offer to settle was made after December 31, 2006 and before July 1, 2010, and
(
d) all assessments related to those orders, settlements and costs.
Transitional – orders, settlements and costs before 2016
9 Without limiting sections 9 and 10, Appendix B of the Supreme Court Civil Rules, B.C. Reg. 168/2009, as it read on June 30, 2016, applies to
(
a) orders for costs made after June 30, 2010 and before July 1, 2016,
(
b) settlements reached after June 30, 2010 and before July 1, 2016 under which payment of assessed costs is agreed to,
(
c) costs payable on acceptance of an offer to settle made under Rule 37 or 37B, if that offer to settle was made after June 30, 2010, and before July 1, 2016, and
(
d) all assessments related to those orders, settlements and costs.
Schedule 1
(Section 4 (1) )
Item
If the amount involved is
(
a) less than $5 000
$360
(b) $5 000 or more, but less than $15 000
(c) $15 000 or more, but less than $25 000
(d) $25 000 or more, but less than $35 000
(e) $35 000 or more, but less than $45 000
(f) $45 000 or more, but less than $55 000
(g) $55 000 or more, but less than $65 000
(
h) more than $65 000
If no amount is involved
$520
And, in addition, disbursements.
Schedule 2
(Section 4 (3) )
Item
If the amount involved is
(
a) less than $5 000
$30
(b) $5 000 or more, but less than $15 000
(c) $15 000 or more, but less than $25 000
(d) $25 000 or more, but less than $35 000
(e) $35 000 or more, but less than $45 000
(f) $45 000 or more, but less than $55 000
(g) $55 000 or more, but less than $65 000
(
h) more than $65 000
If no amount is involved
$95
And, in addition, disbursements.
Schedule 3
(Rule 5-3 (6) (b) (i) )
Item
(
a) If the application is unopposed
$500
And, in addition,
(
b) instead of disbursements
$120
(
c) if one or more taxes is payable in respect of legal services by the party entitled to costs, an additional amount to compensate for that tax, which additional amount must be determined by multiplying the amount of costs to which the party is entitled under this Item by the aggregate of the percentage rates of the taxes.
(
a) If the application is opposed, for each 1/2 day of attendance
$1 000
And, in addition,
(
b) instead of disbursements
$120
(
c) if one or more taxes is payable in respect of legal services by the party entitled to costs, an additional amount to compensate for that tax, which additional amount must be determined by multiplying the amount of costs to which the party is entitled under this Item by the aggregate of the percentage rates of the taxes.
Tariff
Item
Description
Level of Difficulty or Rate
Costs ($)
Correspondence, conferences, instructions, investigations, negotiations and preparing, filing and serving of all pleadings or a petition proceeding
If the case involves:
(
a) less than ordinary difficulty
(
b) ordinary difficulty
(
c) more than ordinary difficulty
1 500
4 500
9 500
Case planning and mediation, including preparation for and attendance at case planning conferences, trial management conferences, mediation conferences and settlement conferences
For each half day of attendance
1 000
Process for giving or obtaining discovery and inspection of documents, serving or answering interrogatories and requiring or making admissions of fact
If the case involves:
(
a) less than ordinary difficulty
(
b) ordinary difficulty
(
c) more than ordinary difficulty
1 000
3 000
7 500
Preparation for and attendance at each examination of a person for discovery or on affidavit or in aid of execution or of a person before trial under Rule 7-5 or 7-8 or any analogous proceeding
For each day or part of a day of attendance
1 500
Preparation for and attendance at each application or at each hearing before a registrar, if uncontested
For each half day of attendance
Preparation for and attendance at each application or at each hearing before a registrar, if contested
For each half day of attendance
1 000
Preparation for trial where trial settles 30 days or fewer before beginning of trial
For each day of trial confirmed in a notice of trial or at a trial management conference
Preparation for trial where trial settles between 30 and 90 days before beginning of trial
For each day of trial confirmed in a notice of trial or at a trial
Preparation for and attendance at trial, petition hearing or trial of an issue, including retaining and preparing witnesses
For each day or part of a day of a trial petition hearing up to 5 days For each additional day or part of a day after 5 days
2 000
3 000
All process for obtaining the comments and recommendations of the Public Guardian and Trustee where required
For each set of comments and recommendations
1 500
Registry attendance to enter an order or certificate of costs where tariff items 5 and 6 do not apply
For each attendance
Written argument at applications or hearings in excess of 2 hours or at trial
If the case involves:
(
a) less than ordinary difficulty
(
b) ordinary difficulty
(
c) more than ordinary difficulty
1 500
4 000
Travel by a lawyer to attend at any trial, hearing, application, examination, reference, inquiry, assessment or other analogous proceeding if held more than 75 km from the place where the lawyer carries on business
For each day or half day on which the lawyer travels
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