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Volume 58, No. 24

244/2015

The British Columbia Gazette,

Part II

December 31, 2015

B.C. Reg. 244/2015 , deposited December 18, 2015, under the COURT RULES ACT [section 1]. Order in Council 821/2015, approved and ordered December 17, 2015.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that,

(

a) effective December 31, 2015, the Small Claims Rules, B.C. Reg. 261/93, are amended as set out in

Schedule 1,

(

b) effective January 1, 2016, the Small Claims Rules, B.C. Reg. 261/93, are amended as set out in

Schedule 2, and

(

c) effective May 1, 2016, the Small Claims Rules, B.C. Reg. 261/93, are amended as set out in

Schedule 3.

— S. ANTON, Attorney General and Minister of Justice ; A. VIRK, Presiding Member of the Executive Council .

Schedule 1

1 Rule 7.4 (2) (

a) of the Small Claims Rules, B.C. Reg. 261/93, is amended by striking out “ filed replies ” and substituting “ filed, on or before December 31, 2015, replies ”.

2 Rule 7.4 (4) is amended by striking out “ or ” at the end of paragraph (

a) and by adding the following paragraphs:

(

c) the registrar has not, on or before February 1, 2016, served under subrule (17) a notice of mediation session, regardless of whether a date for the mediation session has been set under subrule (11) or set by a judge, or

(

d) a mediation session in relation to the claim is cancelled under subrule (22.1).

3 Rule 7.4 is amended by adding the following subrule before the heading “ Application to Attend Mediation Session by Telephone ”:

Settlement conference if otherwise a change in date after December 31, 2015

(22.1) Despite subrules (18) to (22) and Rule 16 (1), if the registrar would otherwise grant an application to change the date of a mediation session set for a date after December 31, 2015, rather than granting the application the registrar may cancel the mediation session and, if the mediation session is cancelled, must set the claim for a settlement conference.

4 Rule 7.4 (38) is amended

(

a) by repealing paragraph (a), and

(

b) in paragraph (

c) by striking out “ trial conference; ” and substituting “ settlement conference; ”.

5 Rule 7.4 (39) is amended by striking out “ If the parties ” and substituting “ If, on or before April 30, 2016, the parties ”.

6 Rule 7.4 (43) is amended

(

a) by striking out “ If the parties ” and substituting “ If, on or before April 30, 2016, the parties ”, and

(

b) in paragraph (

a) by adding “ on or before April 30, 2016, ” before “ the mediator ”.

Schedule 2

1 Rule 7 (2) (

a) of the Small Claims Rules, B.C. Reg. 261/93, is amended by adding “ unless an order is made under Rule 9.2 (13) (

c) that the claim be set for a settlement conference under this rule, ” after “ claim, ”.

2 Rule 7 (14) is amended by adding the following paragraph:

(c.1) order that the claim be set for a trial conference under Rule 7.5 if, after December 31, 2015,

(

i) the notice of claim that started the proceeding was filed at the Robson Square Small Claims Registry (Vancouver), or

(ii) the court file relating to the claim was transferred to the Robson Square Small Claims Registry (Vancouver); .

3 Rule 7.5 (1) (

c) is amended by adding “ 7 (14) (c.1), ” after “ Rule ”.

4 Rule 7.5 (14) (

k) is repealed.

5 Rule 9.2 (13) (c) (ii) (

A) is repealed and the following substituted:

(

A) a settlement conference under Rule 7, .

Schedule 3

1 Rule 7 (2) of the Small Claims Rules, B.C. Reg. 261/93, is amended

(

a) in paragraph (

a) by striking out “ 7.4, 7.5, 9.1, ” and substituting “ 9.1 ”, and

(

b) by striking out “ or ” at the end of paragraph (

a) and by adding the following paragraph:

(a.1) on or before April 30, 2016, Rule 7.5 applied to the claim, or .

2 Rule 7.4 (1) is amended by repealing the

definitions of “mediation coordinator” and “online mediation” .

3 Rule 7.4 (5) to (7) is repealed.

4 Rule 7.4 (8) is amended

(

a) by striking out “ trial conference ” and substituting “ settlement conference ”, and

(

b) in paragraph (

b) by striking out “ subrule 4 (b) ” and substituting “ subrule (4) (b), (

c) or (d) ”.

5 The heading before Rule 7.4 (9) is repealed.

6 Rule 7.4 (9) to (30) is repealed.

7 Rule 16 (2) is amended

(

a) in paragraph (b.1) by striking out “ or 7.4 (18) ”,

(

b) in paragraph (

c) by striking out “ or 7.4 (13) ”, and

(

c) by repealing paragraph (c.2).

8 Rule 16 (6) is amended

(

a) in paragraph (

e) by striking out “ or 7.4 (15) ”, and

(

b) by repealing paragraph (f.3).

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