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Volume 47, No. 20

B.C. Reg. 428/2004

The British Columbia Gazette,

Part II

October 5, 2004

B.C. Reg. 428/2004, deposited October 1, 2004, pursuant to the COURT RULES ACT [Section 1]. Order in Council 930/2004, approved and ordered September 30, 2004.

On the recommendation of the undersigned, made after consultation with the Chief Judge of the Provincial Court, the Administrator, by and with the advice and consent of the Executive Council, orders that the Small Claims Rules, B.C. Reg. 261/93, is amended as set out in the attached Schedule.

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

Schedule

1 Rule 1 (2.1) of the Small Claims Rules, B.C. Reg. 261/93, is amended by striking out "incorporated under the

Company Act ," and substituting "within the meaning of the Business Corporations Act ,".

2 Rule 2 (3) and (4) is repealed and the following substituted:

How to serve a company

(3) If the defendant is a company within the meaning of the

Business Corporations Act , the notice of claim must be served,

(

a) if the company has a registered office,

(

i) by delivering a copy of the notice of claim to the delivery address shown for that registered office in the office of the Registrar of Companies, or

(ii) by mailing a copy of the notice of claim by registered mail to the mailing address shown for that registered office in the office of the Registrar of Companies,

(

b) if the company's registered office has been eliminated, in the manner ordered by the court, or

(

c) in either case, by leaving a copy of the notice of claim

(

i) at the place of business of the company, with a receptionist or a person who appears to manage or control the company's business there, or

(ii) with a director, officer, liquidator, trustee in bankruptcy or receiver manager of the company.

How to serve an extraprovincial company

(4) If the defendant is an extraprovincial company within the meaning of the

Business Corporations Act , the notice of claim must be served

(

a) by delivering a copy of it to the delivery address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,

(

b) by mailing a copy of it by registered mail to the mailing address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,

(

c) by mailing a copy of it by registered mail to the mailing address shown in the office of the Registrar of Companies for any attorney appointed for the extraprovincial company under Division 2 of

Part 11 of the

Business Corporations Act ,

(

d) by leaving a copy of it with the attorney, or

(

e) if no attorney has been appointed, by following subrule (3) (c).

3 Rule 5 (2.1) is repealed and the following substituted:

(2.1) If the third party is a company within the meaning of the

Business Corporations Act , the defendant must file with the third party notice a printout of a search showing the mailing address that is shown for the company's registered office in the office of the Registrar of Companies.

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