British Columbia Gazette Part II — B.C. Reg. 119/2010

B.C. Reg. 119/2010

British Columbia — Gazette

British Columbia Gazette Part II — B.C. Reg. 119/2010

B.C. Reg. 119/2010

British Columbia — Gazette

Copyright © Queen's Printer,

Victoria, British Columbia, Canada

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Disclaimer

Volume 53, No. 9

B.C. Reg. 119/2010

The British Columbia Gazette,

Part II

May 18, 2010

B.C. Reg. 119/2010 , deposited May 5, 2010, pursuant to the COURT RULES ACT [Section 1]. Order in Council 243/2010, approved and ordered May 5, 2010.

On the recommendation of the undersigned, made after consultation with the Chief Justice of the Supreme Court, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective July 1, 2010,

(

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.

— M. de JONG, Attorney General ; C. HANSEN, Presiding Member of the Executive Council .

Schedule A

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

(

a) by adding the following definition:

"Chief Justice" means the Chief Justice of the Supreme Court of British Columbia; ,

(

b) in paragraph (

c) of the definition of "family law case" by striking out " marriage like relationship, " and substituting " marriage-like relationship, ", and

(

c) in the definition of "pleading period" by striking out " time limited " and substituting " period ".

2 Rule 1-2 (4) is amended by adding " , other than these Supreme Court Civil Rules or the Supreme Court Family Rules, " after " an enactment ".

3 Rule 2-1 (3) is amended

(

a) by adding the following paragraph:

(c.1) Rule 14-1 (21) applies to an appointment for a review of a bill or an examination of an agreement under the Legal Profession Act ; , and

(

b) in paragraph (

k) by striking out " or for redemption. " and substituting " , for redemption or for cancellation of an agreement for sale. ".

4 Rule 3-4 is amended by adding the following subrule:

Separate trial of counterclaim

(7.1) If, on the application of a party against whom a counterclaim is made, it appears that the subject matter of the counterclaim ought to be dealt with separately, the court May order that the counterclaim be struck out or tried separately or May make any other order the court considers will further the object of these Supreme Court Civil Rules.

5 Rule 3-5 is amended

(

a) by adding the following subrules:

Plaintiff as defendant to counterclaim

(1.1) Subrule (1) does not preclude a plaintiff from pursuing a third party claim in his or her capacity as a defendant to a counterclaim.

Default of response to third party notice

(16) If a third party has not filed a response to third party notice and the time for filing the response to third party notice has expired, the party who filed the third party notice May apply for judgment in default of response to third party notice against the third party and notice of the application must be served on each other party of record.

Relief

(17) On an application under subrule (16), the court May grant any or all of the relief claimed in the third party notice. , and

(

b) in subrule (11) by striking out " 3-1, 3-3 and 3-8 " and substituting " 3-1 and 3-3 ".

6 Rule 3-8 (1) (

b) is amended by striking out " time " and substituting " period ".

7 Rule 4-4 is amended

(

a) in subrule (1) by striking out " May make an order, on application without notice, granting " and substituting " may, on application without notice, make an order for substituted service granting ", and

(

b) in subrule (2) by striking out " order permitting " and substituting " substituted service order that granted permission to use ".

8 Rule 4-5 (1), (3) and (5) is amended by striking out " originating pleading or " wherever it appears and substituting " originating pleading, petition or ".

9 Rule 5-3 (1) is amended by adding the following paragraph:

(s.1) striking out a counterclaim or directing that a counterclaim be tried separately; .

10 Rules 6-1 (1) and 16-1 (19) (

b) are amended by striking out " Rules 6-2 (10) " and substituting " Rules 6-2 (7) and (10) ".

11 Rule 6-1 (7) is amended by striking out " of time ".

12 Rule 6-2 (1), (4) and (7) is amended by striking out " the action " wherever it appears and substituting " the proceeding ".

13 Rule 6-2 (2), (3), (4) and (7) is amended by striking out " an action " and substituting " a proceeding ".

14 Rule 7-1 is amended

(

a) in subrule (9) by striking out " serve on the other parties of record a supplementary list of documents specifying the inaccuracy or document. " and substituting " amend the list of documents and serve the amended list of documents on the other parties of record. ",

(

b) in subrules (10) (

a) and (14) (b) (

i) by striking out " prepare a supplementary " and substituting " amend the ",

(

c) in subrules (10) (

b) and (14) (b) (ii) by striking out " supplementary " and substituting " amended ",

(

d) by repealing subrule (11) and substituting the following:

Party May demand additional documents

(11) If a party who has received a list of documents believes that the list should include documents or classes of documents that

(

a) are within the listing party's possession, power or control,

(

b) relate to any or all matters in question in the action, and

(

c) are additional to the documents or classes of documents required under subrule (1) (

a) or (9),

the party, by written demand that identifies the additional documents or classes of documents with reasonable specificity and that indicates the reason why such additional documents or classes of documents should be disclosed, May require the listing party to

(

d) amend the list of documents,

(

e) serve on the demanding party the amended list of documents, and

(

f) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (15) and (16). ,

(

e) in subrule (12) (b) (

i) and (c) (

i) by striking out " a supplementary " and substituting " an amended ",

(

f) in subrule (14) (b) (

i) by adding " , power " after " possession ",

(

g) in subrule (15) by striking out " that are in the listing party's possession or control, ", and

(

h) in subrule (16) by striking out " inspect documents in the possession or control of another party, the party having possession or control of the documents " and substituting " inspect listed documents under subrule (15), the listing party ".

15 Rule 7-2 (8) is amended by striking out " If a party " and substituting " Unless the court otherwise orders, if a party ".

16 Rule 7-4 (3) is amended by striking out everything after " or incomplete, " and substituting " the party must promptly

(

a) amend the witness list,

(

b) file the amended witness list, and

(

c) serve a copy of the filed amended witness list on all parties of record. ".

17 Rule 8-1 is amended

(

a) in subrule (6) by striking out " application is estimated to take " and substituting " applicant's estimate referred to in subrule (4) (

e) is ",

(

b) in subrule (13) is amended by striking out " noon on the day " and substituting " 4 p.m. on the day that is one full day ",

(

c) in subrule (15) by striking out " if an application will be opposed, the applicant must provide to the registry, no later than noon on the day " and substituting " the applicant must provide to the registry where the hearing is to take place, no later than 4 p.m. on the day that is one full day ",

(

d) in subrule (15) (

a) by striking out " unless the application record is provided to the registry electronically, ",

(

e) in subrule (18) by striking out " file " and substituting " provide to the registry where the hearing is to take place ",

(

f) in subrule (19) by striking out " , unless the application record was provided to the registry electronically, ",

(

g) by adding the following subrule:

Resetting adjourned applications

(21.1) To reset an application that has been adjourned without a date being set for it to be heard ("adjourned generally"), the applicant must

(

a) file a requisition in Form 17 setting out the date and time of the hearing, and

(

b) serve a copy of the filed requisition on the application respondents at least 2 days before the date set for the hearing. , and

(

h) in subrule (22) by striking out " If the applicant does not set an application " and substituting " If, after an application has been adjourned generally, the applicant does not reset the application ".

18 Rules 8-1 (20) and 16-1 (15) are amended by striking out " noon on the court day " and substituting " 4 p.m. on the day that is one full day ".

19 Rule 8-2 (7) and (8) is repealed.

20 Rule 8-4 is amended

(

a) in subrule (1) (

c) by striking out " evidence " and substituting " affidavit or other evidence ", and

(

b) by repealing subrules (2) and (3).

21 Rule 9-1 (5) (

c) and (

d) is amended by adding " or service " after " delivery ".

22 Rule 9-5 (1) is amended by adding " , petition " after " pleading ".

23 Rule 9-7 (7) is amended by striking out " Rules 11-6 (2) and 11-7 (1) apply " and substituting " Rule 11-6 (2) applies ".

24 Rule 11-6 (1) is amended

(

a) in paragraph (

d) by striking out " each issue " and substituting " the issues ", and

(

b) by repealing paragraph (

e) and substituting the following:

(

e) the expert's opinion respecting those issues; .

25 Rule 12-1 (3) is repealed and the following substituted;

Content of notice of trial

(3) A notice of trial filed under subrule (2) must include the date set out in a case plan order for the trial or, if no trial date is set out in a case plan order, the trial date obtained from the registry.

26 Rule 12-3 (1) (

b) is amended by striking out " delivered " and substituting " served ".

27 Rule 12-4 (3) is amended by adding the following paragraph:

(

d) a statement that a trial management conference has been conducted in the action.

28 Rule 13-2 is amended by adding the following subrule:

Enforcement of certificate

(35) If a certificate under Rule 14-1 (27) or 18-1 (2) has been filed, it May be enforced as if it were an order of the court.

29 Rule 13-3 (28) is repealed.

30 Rule 13-4 (5) is amended by striking out " subrule (1), " and substituting " subrule (2), ".

31 Rule 15-1 (2) is amended by striking out " and " after paragraph (

a) and by adding the following paragraph:

(a.1) the filing party must serve a copy of the filed notice of fast track action on each of the other parties of record, and .

32 Rule 16-1 is amended

(

a) in subrule (10) by striking out " hearing of the petition is estimated to take " and substituting " estimate, set out in the petition, of the time that the hearing of the petition will take is ",

(

b) in subrule (11) by striking out " if a petition respondent opposes any of the relief sought in the petition, the petitioner must provide to the registry, no later than noon on the day " and substituting " the petitioner must provide to the registry where the hearing is to take place, no later than 4 p.m. on the day that is one full day ",

(

c) in subrule (11) (

a) by striking out " unless the petition record is provided to the registry electronically, ",

(

d) in subrule (12) by striking out " noon of the court day " and substituting " 4 p.m. on the day that is one full day ",

(

e) in subrule (14) by striking out " , unless the petition record was provided to the registry electronically, ",

(

f) by adding the following subrule:

Resetting adjourned hearings

(16.1) To reset the hearing of a petition that has been adjourned without a date being set for it to be heard ("adjourned generally"), the petitioner must

(

a) file a requisition in Form 17 setting out the date and time of the hearing, and

(

b) serve a copy of the filed requisition on the petition respondents at least 2 days before the date set for the hearing. , and

(

g) in subrule (17) by striking out " If the petitioner does not set a petition for hearing " and substituting " If, after the hearing of a petition has been adjourned generally, the petitioner does not reset the hearing ".

33 Rule 20-2 (16) is amended

(

a) by adding " , response to third party notice " after " response to counterclaim ", and

(

b) by striking out " a notice of civil claim, counterclaim " and substituting " an originating pleading ".

34 Rule 20-5 is amended

(

a) in subrule (1) by adding "

Schedule 1 of " after " to the government under ", and

(

b) in subrule (5) by striking out " to the government by that person " and substituting " by the person to the government under

Schedule 1 of Appendix C ".

35 Rule 21-8 (1) and (3) is amended by striking out " a notice of civil claim, counterclaim, third party notice " and substituting " an originating pleading ".

36 Rule 22-2 (13) (b) (

i) is amended by striking out " for an order ".

37 Rule 23-2 (4) (

c) is amended

(

a) by striking out " Trial Coordinator " and substituting " Manager, Supreme Court Scheduling ", and

(

b) by repealing subparagraphs (iii) and (iv).

38 The Appendix to Form 1 is repealed and the following substituted:

Appendix

[ The following information is provided for data collection purposes only and is of no legal effect. ]

Part 1: CONCISE

SUMMARY OF NATURE OF CLAIM:

Part 2: THIS CLAIM ARISES FROM THE FOLLOWING:

[ Check one box below for the case type that best describes this case. ]

A personal injury arising out of:

[ ] a motor vehicle accident

[ ] medical malpractice

[ ] another cause

A dispute concerning:

[ ] contaminated sites

[ ] construction defects

[ ] real property (real estate)

[ ] personal property

[ ] the provision of goods or services or other general commercial matters

[ ] investment losses

[ ] the lending of money

[ ] an employment relationship

[ ] a will or other issues concerning the probate of an estate

[ ] a matter not listed here

Part 3: THIS CLAIM INVOLVES:

[ Check all boxes below that apply to this case ]

[ ] a class action

[ ] maritime law

[ ] aboriginal law

[ ] constitutional law

[ ] conflict of laws

[ ] none of the above

[ ] do not know

Part 4:

[ If an enactment is being relied on, specify. Do not list more than 3 enactments. ]

39 The heading to Form 17 is amended by striking out " 8-1 (22) " and substituting " 8-1 (21.1) and (22) " and by striking out " 16-1 (17) " and substituting " 16-1 (16.1) and (17) ".

40 Form 21 is amended by striking out the following:

APPROVED AS TO FORM

and substituting the following:

THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER .

41 Form 22 is repealed and the following substituted:

Form 22 (Rule 7-1 (1) )

[Style of Proceeding]

LIST OF DOCUMENTS

Prepared by: ................[ party ]................ (the "listing party")

Part 1: DOCUMENTS THAT ARE OR HAVE BEEN IN THE LISTING PARTY'S POSSESSION OR CONTROL AND THAT COULD BE USED BY ANY PARTY AT TRIAL TO PROVE OR DISPROVE A MATERIAL FACT

[ Do not include documents listed under

Part 2, 3 or 4. ]

No.

Date of document

[ dd/mmm/yyyy ]

Description of document

Indicate by a check mark if the document is no longer in the listing party's possession or control

Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed

1.1

[ ]

1.2

[ ]

Part 2: OTHER DOCUMENTS TO WHICH THE LISTING PARTY INTENDS TO REFER AT TRIAL

[ Do not include documents listed under

Part 1, 3 or 4. ]

No.

Date of document

[ dd/mmm/yyyy ]

Description of document

Indicate by a check mark if the document is no longer in the listing party's possession or control

Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed

2.1

[ ]

2.2

[ ]

Part 3: DOCUMENTS THAT RELATE TO A MATTER IN QUESTION IN THE ACTION

[ List here all documents that are listed in response to a demand under Rule 7-1 (11) of the Supreme Court Civil Rules, and all documents that are listed in response to a court order under Rule 7-1 (14) of the Supreme Court Civil Rules, that have not been listed under

Part 1 or 2. Do not include documents listed under

Part 1, 2 or 4. ]

No.

Date of document

[ dd/mmm/yyyy ]

Description of document

Indicate by a check mark if the document is no longer in the listing party's possession or control

Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed

3.1

[ ]

3.2

[ ]

Part 4: DOCUMENTS FOR WHICH PRIVILEGE FROM PRODUCTION IS CLAIMED

No.

Date of document

[ dd/mmm/yyyy ]

Description of document

Grounds on which privilege is claimed

Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed

4.1

4.2

TAKE NOTICE that the documents listed in

Part 1, 2 or 3 of this List of Documents that are not shown as no longer being in the listing party's possession or control May be inspected and copied, during normal business hours, at ................[ specify location ]................ .

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

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

Signature of

[ ] listing party [ ] lawyer for listing party

...........................[ type or print name ]..........................

42 Form 31 is amended by adding the following before " Date: ................[ dd/mmm/yyyy ]................ .":

[ Complete the following if the filing of this requisition starts a proceeding ]

This requisition is filed by .....................[ name ]....................., the .....................[ plaintiff/defendant ]..................... in this proceeding, whose address for service is as follows: [ Set out the street address of the address for service. 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):

E-mail address for service (if any): .

43 Form 32 is amended

(

a) by adding the following after " The applicant(

s) estimate(

s) that the application will 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. ,

(

b) by striking out " to receive notice of the time and date of the hearing or ", and

(

c) by repealing the Appendix and substituting the following:

Appendix

[ The following information is provided for data collection purposes only and is of no legal effect. ]

THIS APPLICATION INVOLVES THE FOLLOWING:

[ Check the box(es) below for the application type(

s) included in this application. ]

[ ] discovery: comply with demand for documents

[ ] discovery: production of additional documents

[ ] other matters concerning document discovery

[ ] extend oral discovery

[ ] other matter concerning oral discovery

[ ] amend pleadings

[ ] add/change parties

[ ]

summary judgment

[ ]

summary trial

[ ] service

[ ] mediation

[ ] adjournments

[ ] proceedings at trial

[ ] case plan orders: amend

[ ] case plan orders: other

[ ] experts .

44 Form 34 is amended by striking out the following:

Consented to:

and substituting the following:

THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS NOTED ABOVE: .

45 Form 35 is amended by striking out the following:

THIS COURT ORDERS that:

APPROVED AS TO FORM

and substituting the following:

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: .

46 Form 40 is amended

(

a) by striking out the following:

TAKE NOTICE that the trial and trial management conference of this proceeding have been set down at the following places, dates and times:

Trial Management Conference

Trial

City

Address of Courthouse

Date [ dd/mmm/yyyy ]

Time

and substituting the following:

TAKE NOTICE that the trial of this proceeding has been set down at the following place, date and time:

City

Address of Courthouse

Date [ dd/mmm/yyyy ]

Time

(

b) by adding the following:

Contact information for the parties and their lawyers is as follows:

[ Set out the full names, addresses and telephone numbers of all lawyers having conduct of this action and of all parties of record who are not represented by a lawyer and, in addition, any email addresses or fax numbers that May be used for contact purposes. ]

after the following:

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

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

Signature of

[ ] filing party [ ] lawyer for filing party(ies)

...........................[ type or print name ]..........................

47 Form 42 is amended

(

a) by renumbering sections 4 and 5 as sections 5 and 6 respectively, and

(

b) by adding the following section:

4 A trial management conference has been conducted in this action.

48 Form 48 is amended by striking out the following:

THIS COURT ORDERS that:

and substituting the following:

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 ]........................

49 Forms 62 and 63 are amended

(

a) by striking out " PST: " wherever it occurs and substituting " Tax imposed under the Social Service Tax Act : " , and

(

b) by striking out " GST: " wherever it occurs and substituting " Tax imposed under

Part IX [Goods and Services Tax] of the Excise Tax Act (Canada): ".

50 Forms 73 and 74 are amended by adding

The appellant(

s) estimate(

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

before the following:

If you intend to oppose the appeal, you or your lawyer must .

51 Form 74 is amended by striking out " Chief Justice, " and substituting " Chief Justice of the Supreme Court of British Columbia, ".

52 Form 79 is amended by striking out " Appendix C " in both places and substituting "

Schedule 1 of Appendix C ".

53 Form 112 is amended by striking out " deliver to " and substituting " serve on ".

54 Form 121 is amended by adding

The appellant(

s) estimate(

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

before the following:

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

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

Signature of

[ ] appellant [ ] lawyer for appellant(s)

...........................[ type or print name ]..........................

55 The tariff of Appendix B is amended

(

a) in Items 12 and 14 by striking out " delivering " and substituting " serving ", and

(

b) in Item 48 by striking out " solicitor " and substituting " the lawyer ".

56 The table in

Schedule 1 of Appendix C is amended

(

a) by striking out "

PART 1 ", and

(

b) by striking out everything after Item 20 and substituting the following:

57 The tables in Schedules 1 and 4 of Appendix C are amended

(

a) in Item 4 (

b) by striking out " hearing inquiry " and substituting " hearing, inquiry ", and

(

b) by repealing Items 15 and 19 and substituting the following as indicated:

Item

Description

Fee

($)

For returning by mail, fax or electronic mail the results of a search of a record, the aggregate of the following:

(

a) fee for returning the results

(

b) cost per page faxed

For

(

a) a certified copy of a document

(

b) issuing a certificate of judgment

(

c) issuing a certificate of pending litigation or other certificate not otherwise provided for

(

d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page

Schedule 2 of Appendix C is amended

(

a) in item 3 (

b) by striking out " 60 " and substituting " 75 ",

(

b) in item 4 (

b) by striking out " 60 " and substituting " 75 ",

(

c) in item 5 (

b) by striking out " 45 " and substituting " 60 ",

(

d) in item 6 (

b) by striking out " 60 " and substituting " 75 ", and

(

e) in item 9 by striking out " 45¢ " and substituting " 50¢ ".

Schedule 4 of Appendix C is amended by adding the following after Item 20 of the table:

Schedule B

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

(

a) by adding the following definition:

"Chief Justice" means the Chief Justice of the Supreme Court of British Columbia; , and

(

b) by repealing paragraph (

c) of the definition of " undefended family law case " and substituting the following:

(

c) a response to family claim was filed but has been withdrawn or struck out; .

2 Rule 4-4 is amended by adding the following subrule:

Separate trial of counterclaim

(7.1) If, on the application of a party against whom a counterclaim is made, it appears that the subject matter of the counterclaim ought to be dealt with separately, the court May order that the counterclaim be struck out or tried separately or May make any other order the court considers will further the object of these Supreme Court Family Rules.

3 Rule 6-4 is amended

(

a) in subrule (1) by striking out " May make an order, on application without notice, granting " and substituting " may, on application without notice, make an order for substituted service granting ", and

(

b) in subrule (2) by striking out " order permitting " and substituting " substituted service order that granted permission to use ".

4 Rules 8-1 (1) and 17-1 (19) (

b) are amended by striking out " Rules 8-2 (9) " and substituting " Rules 8-2 (7) and (9) ".

5 Rule 9-1 is amended

(

a) in subrule (6) by striking out " serve on the other parties a supplementary list of documents specifying the inaccuracy or document. " and substituting " amend the list of documents and serve the amended list of documents on the other parties. ",

(

b) in subrules (7) (

a) and (11) (b) (

i) by striking out " prepare a supplementary " and substituting " amend the ",

(

c) in subrules (7) (

b) and (11) (b) (ii) by striking out " supplementary " and substituting " amended ",

(

d) by repealing subrule (8) and substituting the following:

Party May demand additional documents

(8) If a party who has received a list of documents believes that the list should include documents or classes of documents that

(

a) are within the listing party's possession, power or control,

(

b) relate to any or all matters in question in the family law case, and

(

c) are additional to the documents or classes of documents required under subrule (1) or (6),

the party, by written demand that identifies the additional documents or classes of documents with reasonable specificity and that indicates the reason why such additional documents or classes of documents should be disclosed, May require the party who prepared the list to

(

d) amend the list of documents,

(

e) serve on the demanding party the amended list of documents, and

(

f) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (12) and (13). ,

(

e) in subrule (11) (b) (

i) by adding " , power " after " possession ",

(

f) in subrule (12) by striking out " that are in the listing party's possession or control, ", and

(

g) in subrule (13) by striking out " inspect documents in the possession or control of another party, the party having possession or control of the documents " and substituting " inspect listed documents under subrule (12), the listing party ".

6 Rule 9-2 (7) is amended by striking out " If a party " and substituting " Unless the court otherwise orders, if a party ".

7 Rule 10-2 (7) and (8) is repealed.

8 Rule 10-6 is amended

(

a) in subrule (5) by striking out " application is estimated to take " and substituting " applicant's estimate referred to in subrule (3) (

e) is ",

(

b) in subrule (6) (

a) by striking out " filed of the notice " and substituting " filed notice ",

(

c) in subrule (8) by striking out " who wishes to receive notice of the time and date of the hearing of the application or ",

(

d) in subrule (12) by striking out " noon on the day " and substituting " 4 p.m. on the day that is one full day ",

(

e) in subrule (14) by striking out " if an application will be opposed, the applicant must provide to the registry, no later than noon on the day " and substituting " the applicant must provide to the registry where the hearing is to take place, no later than 4 p.m. on the day that is one full day ",

(

f) in subrule (14) (

a) by striking out " unless the application record is provided to the registry electronically, ",

(

g) in subrule (16) by striking out " file " and substituting " provide to the registry where the hearing is to take place ",

(

h) in subrule (17) by striking out " , unless the application record was provided to the registry electronically, ",

(

i) by adding the following subrule:

Resetting adjourned applications

(19.1) To reset an application that has been adjourned without a date being set for it to be heard ("adjourned generally"), the applicant must

(

a) file a requisition in Form F17 setting out the date and time of the hearing, and

(

b) serve a copy of the filed requisition on the application respondents at least 2 days before the date set for the hearing. , and

(

j) in subrule (20) by striking out " If the applicant does not set an application " and substituting " If, after an application has been adjourned generally, the applicant does not reset the application ".

9 Rules 10-6 (18) and 17-1 (15) are amended by striking out " noon on the court day " and substituting " 4 p.m. on the day that is one full day ",

10 Rule 10-7 (1) is amended by striking out " an order by consent " and substituting " a non-final order by consent, or to rescind, change or suspend a final order by consent, ".

11 Rule 10-8 is amended

(

a) in subrule (1) (

c) by striking out " evidence " and substituting " affidavit or other evidence ", and

(

b) by repealing subrules (2) and (3).

12 Rule 11-1 (5) (

c) and (

d) is amended by adding " or service " after " delivery ".

13 Rule 11-2 (1) is amended by adding " , petition " after " pleading ".

14 Rule 11-3 (7) is amended by striking out " Rules 13-6 (3) and 13-7 (1) (

a) apply " and substituting " Rule 13-6 (2) applies ".

15 Rule 13-6 is amended

(

a) in subrule (1) (

d) by striking out " each issue " and substituting " the issues ", and

(

b) by repealing subrule (1) (

e) and substituting the following:

(

e) the expert's opinion respecting those issues; .

16 Rule 14-2 (2) is repealed and the following substituted;

Content of notice of trial

(2) A notice of trial filed under subrule (1) must include the date reserved at a judicial case conference for the trial or, if no trial date was reserved at a judicial case conference, the trial date obtained from the registry.

17 Rule 14-4 (1) (

b) is amended by striking out " delivered " and substituting " served ".

18 Rule 14-5 (3) is amended by adding the following paragraph:

(

d) a statement that a trial management conference has been conducted in the family law case.

19 Rule 15-1 (1) is repealed and the following substituted:

Form of order

(1) Unless these Supreme Court Family Rules otherwise provide, an order must be in the following form:

(

a) if the order is a final order,

(

i) in Form F33 if the order rescinds, changes or suspends a final order and is made by consent,

(ii) in Form F51 if the order rescinds, changes or suspends a final order and is not made by consent,

(iii) in Form F34 if the order is made under Rule 10-8 without notice and without a hearing, or

(iv) in Form F52 in any other case;

(

b) if the order is not a final order and is made without a hearing and by consent, in Form F33;

(

c) if the order is not a final order and is made under Rule 10-8 without notice and without a hearing, in Form F34;

(

d) if the order is a restraining order made under

section 46 of the Family Maintenance Enforcement Act or under

section 37, 38 or 126 of the Family Relations Act , in Form F54;

(

e) for any order not referred to in paragraph (a), (b), (

c) or (d), in Form F51.

20 Rule 15-4 is amended by adding the following subrule:

Enforcement of certificate

(35) If a certificate under Rule 16-1 (25) or 18-1 (2) has been filed, it May be enforced as if it were an order of the court.

21 Rule 15-6 (28) is repealed.

22 Rule 15-7 (5) is amended by striking out " subrule (1), " and substituting " subrule (2), ".

23 Rule 17-1 is amended

(

a) in subrule (10) by striking out " hearing of the petition is estimated to take " and substituting " estimate, set out in the petition, of the time that the hearing of the petition will take is ",

(

b) in subrule (11) by striking out " if a petition respondent opposes any of the relief sought in the petition, the petitioner must provide to the registry, no later than noon on the day " and substituting " the petitioner must provide to the registry where the hearing is to take place, no later than 4 p.m. on the day that is one full day ",

(

c) in subrule (11) (

a) by striking out " unless the petition record is provided to the registry electronically, ",

(

d) in subrule (12) by striking out " noon of the court day " and substituting " 4 p.m. on the day that is one full day ",

(

e) in subrule (14) by striking out " , unless the petition record was provided to the registry electronically, ",

(

f) by adding the following subrule:

Resetting adjourned hearings

(16.1) To reset the hearing of a petition that has been adjourned without a date being set for it to be heard ("adjourned generally"), the petitioner must

(

a) file a requisition in Form F17 setting out the date and time of the hearing, and

(

b) serve a copy of the filed requisition on the petition respondents at least 2 days before the date set for the hearing. , and

(

g) in subrule (17) by striking out " If the petitioner does not set a petition for hearing " and substituting " If, after the hearing of a petition has been adjourned generally, the petitioner does not reset the hearing ".

24 Rule 20-5 is amended

(

a) in subrule (1) by adding "

Schedule 1 of " after " to the government under ", and

(

b) in subrule (5) by striking out " to the government by that person " and substituting " by the person to the government under

Schedule 1 of Appendix C ".

25 Rule 21-5 is amended by adding the following subrule:

Non-compliance with rules

(2) Unless the court otherwise orders, a failure to comply with these Supreme Court Family Rules must be treated as an irregularity and does not nullify

(

a) a family law case,

(

b) a step taken in the family law case, or

(

c) any document or order made in the family law case.

26 Rule 22-3 (4) (

c) is amended

(

a) by striking out " Trial Coordinator " and substituting " Manager, Supreme Court Scheduling ", and

(

b) by repealing subparagraphs (iii) and (iv).

27 Form F3 is amended renumbering

section 6 as

section 7 and by adding the following section:

6 The address of the registry is: ................[ address of registry ]................ .

28 Item 2 of Form F6 is amended by striking out " notice of family claim " in both places and substituting " counterclaim ".

29 The heading to Form F17 is amended by striking out " 10-6 (20), 10-9 (2), 14-3 (7), 15-6 (25), 17-1 (17), 20-4 (3), " and substituting " 10-6 (19.1) and (20), 10-9 (2), 14-3 (7), 15-6 (25), 17-1 (16.1) and (17), 20-5 (3), ".

30 Form F19 is amended by striking out " Rule 8-1 (16) " in both places and substituting " Rule 7-1 (15) ".

31 Form F20 is repealed and the following substituted:

Form F20 (Rule 9-1 (1))

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

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

In the Supreme Court of British Columbia

Claimant:

Respondent:

LIST OF DOCUMENTS

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

Prepared by: ................[ party ]................ (the "listing party")

Part 1: DOCUMENTS THAT ARE OR HAVE BEEN IN THE LISTING PARTY'S POSSESSION OR CONTROL AND THAT COULD BE USED BY ANY PARTY AT TRIAL TO PROVE OR DISPROVE A MATERIAL FACT

[ Do not include documents listed under

Part 2, 3 or 4. ]

No.

Date of document

[ dd/mmm/yyyy ]

Description of document

Indicate by a check mark if the document is no longer in the listing party's possession or control

Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 9-1 (6), (9) or (11), the date on which the document was listed

1.1

[ ]

1.2

[ ]

Part 2: OTHER DOCUMENTS TO WHICH THE LISTING PARTY INTENDS TO REFER AT TRIAL

[ Do not include documents listed under

Part 1, 3 or 4. ]

No.

Date of document

[ dd/mmm/yyyy ]

Description of document

Indicate by a check mark if the document is no longer in the listing party's possession or control

Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 9-1 (6), (9) or (11), the date on which the document was listed

2.1

[ ]

2.2

[ ]

Part 3: DOCUMENTS THAT RELATE TO A MATTER IN QUESTION IN THE ACTION

[ List here all documents that are listed in response to a demand under Rule 9-1 (8) of the Supreme Court Family Rules, and all documents that are listed in response to a court order under Rule 9-1 (11) of the Supreme Court Family Rules, that have not been listed under

Part 1 or 2. Do not include documents listed under

Part 1, 2 or 4. ]

No.

Date of document

[ dd/mmm/yyyy ]

Description of document

Indicate by a check mark if the document is no longer in the listing party's possession or control

Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 9-1 (6), (9) or (11), the date on which the document was listed

3.1

[ ]

3.2

[ ]

Part 4: DOCUMENTS FOR WHICH PRIVILEGE FROM PRODUCTION IS CLAIMED

No.

Date of document

[ dd/mmm/yyyy ]

Description of document

Grounds on which privilege is claimed

Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 9-1 (6), (9) or (11), the date on which the document was listed

4.1

4.2

TAKE NOTICE that the documents listed in

Part 1, 2 or 3 of this List of Documents that are not shown as no longer being in the listing party's possession or control May be inspected and copied, during normal business hours, at ................[ specify location ]................ .

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

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

Signature of

[ ] listing party [ ] lawyer for listing party

...........................[ type or print name ]..........................

32 Form F31 is amended

(

a) by striking out " at a date and time to be set " and substituting " on ................[ dd/mmm/yyyy ].................at ........[ time of day ]........ ",

(

b) by adding the following after " The applicant(

s) estimate(

s) that the application will 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. ,

(

c) by striking out " to receive notice of the time and date of the hearing or ", and

(

d) by repealing the Appendix and substituting the following:

Appendix

[ The following information is provided for data collection purposes only and is of no legal effect. ]

THIS APPLICATION INVOLVES THE FOLLOWING:

[ Check the box(es) below for the application type(

s) included in this application. ]

[ ] discovery: comply with demand for documents

[ ] discovery: production of additional documents

[ ] other matters concerning document discovery

[ ] extend oral discovery

[ ] other matter concerning oral discovery

[ ] amend pleadings

[ ] add/change parties

[ ]

summary judgment

[ ]

summary trial

[ ] service

[ ] interim order

[ ] change order

[ ] adjournments

[ ] proceedings at trial

[ ] appointment of additional expert(s): financial matters

[ ] other matters concerning experts .

33 Form F33 is amended by striking out the following:

Consented to:

and substituting the following:

THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS NOTED ABOVE.

34 Form F35 is amended by striking out " unless a response to family claim or response to counterclaim has been filed. " and substituting " unless a response to family claim or response to counterclaim has been filed or unless this case is a joint family law case within the meaning of Rule 2-2 of the Supreme Court Family Rules. "

35 Form F37 is amended

(

a) in

section 4 by adding the following paragraph:

(c) [ ] 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. ]. ,

(

b) in

section 6 (

b) by striking out " pursuant to

section 15.2 (8) " and substituting " pursuant to

section 15.1 (7) ",

(

c) in

section 6 (

b) by striking out " provided for the Guidelines because ................[ set out the reasons identified in

section 15.2 (8) of the Divorce Act (Canada) or

section 93.1 (1) of the Family Relations Act ]................ . " and substituting " required by the Guidelines. ", and

(

d) in

section 6 by renumbering paragraph (

c) as paragraph (

e) and by adding the following paragraphs:

(c) [ ] 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 , have been made:

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

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

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

(d) [ ] 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.

36 Form F38 is amended by repealing the following:

[ Check the following box and complete the required information if there are children of the marriage. ]

9 (a) [ ] I have sworn and attached a child support affidavit in Form F37, and

(

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

and substituting the following:

[ Check the following box if there are children of the marriage. ]

9 [ ] I have sworn a child support affidavit in Form F37.

[ Check the following box and complete the required information if there are children of the marriage. ]

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

37 Form F44 is amended

(

a) by striking out the following:

TAKE NOTICE that the trial and trial management conference of this family law case have been set down at the following places, dates and times:

Trial Management Conference

Trial

City

Address of Courthouse

Date [ dd/mmm/yyyy ]

Time

and substituting the following:

TAKE NOTICE that the trial of this family law case has been set down at the following place, date and time:

City

Address of Courthouse

Date [ dd/mmm/yyyy ]

Time

(

b) by adding

Contact information for the parties and their lawyers is as follows:

[ Set out the full names, addresses and telephone numbers of all lawyers having conduct of this family law case and of all parties who are not represented by a lawyer and, in addition, any email addresses or fax numbers that May be used for contact purposes. ]

after the following:

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

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

Signature of

[ ] filing party [ ] lawyer for filing party(ies)

...........................[ type or print name ]..........................

38 Form F46 is amended

(

a) by renumbering sections 4 and 5 as sections 5 and 6 respectively, and

(

b) by adding the following section:

4 A trial management conference has been conducted in this family law case.

39 Forms F51, F52, F53 and F54 are repealed and the following substituted:

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. ]

THE HONOURABLE JUSTICE

or A JUDGE OF THE COURT

BEFORE

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

MASTER

or A MASTER OF THE COURT

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 ]................;

[ ] without notice coming on for hearing at ...................... on ........[ dd/mmm/yyyy ]........ and on hearing ................[ 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.]

THE HONOURABLE JUSTICE

or A JUDGE OF THE COURT

BEFORE

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

MASTER

or A MASTER OF THE COURT

This family law case coming on

[ ] for trial at ................................, on ........[ dd/mmm/yyyy ]........, and on hearing ................, [the lawyer for] the claimant and ................, [the lawyer for] the respondent [ add the following if applicable: AND JUDGMENT being reserved to this date],

[ ] for hearing at ...................... on ........[ dd/mmm/yyyy ]........ and on hearing ................[ name of party/lawyer ]................ and ................[ name of party/lawyer ]................;

[ ] for

summary trial under Rule 11-3 of the Supreme Court Family Rules,

[ ] 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

[ ] Divorce Order [ Check this box and complete the required information if a divorce is granted. ]

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

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

[ ] Other Orders [ If orders other than or in addition to divorce orders are made, check this box and 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. ]

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.]

THE HONOURABLE JUSTICE

BEFORE

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

MASTER

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

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

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

[ Check the box(es) and complete any required information. ]

This order is [ ] an interim order [ ] a final order [ ] a consent order [ ] an order without notice.

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

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

THIS COURT ORDERS that: [ Complete the following paragraphs, as appropriate. ]

[ ] 1 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 ]........ .

2 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 ]........ .

3 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.

4 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 ]........ .

5 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.

6 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 a 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 .

40 Form F71 is amended

(

a) in Item 2 of Part B by striking out " $1000 " and substituting " $750 " and striking out " $3000 " and substituting " $2000 ", and

(

b) by repealing Parts D and E and substituting the following:

PART D – TOTAL COSTS

TOTAL COSTS ALLOWED:

TOTAL from Part B + TOTAL OTHER COSTS from

Part C =

Tax imposed under

the Social Service Tax Act =

Part IX [ Goods and Services Tax ] of the Excise Tax Act (Canada) =

TOTAL COSTS AND TAX

PART E – DISBURSEMENTS

Description

Claimed

Allowed

Tax imposed under the Social Service Tax Act

Tax imposed under

Part IX [ Goods and Services Tax ] of the Excise Tax Act (Canada)

Total

TOTAL DISBURSEMENTS AND TAX

41 Form F79 is amended by adding

The appellant(

s) estimate(

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

before the following:

IF YOU INTEND to oppose the appeal, YOU MUST GIVE NOTICE of your intention by filing in the above registry of this court a form entitled Notice of Interest and YOU MUST ALSO SERVE a copy of the Notice of Interest on the appellant's(s') address for service set out in this Notice of Appeal.

42 Form F80 is amended

(

a) by striking out " Chief Justice, " and substituting " Chief Justice of the Supreme Court of British Columbia, ", and

(

b) by striking out the following:

IF YOU INTEND to oppose the appeal, YOU MUST GIVE NOTICE of your intention by filing in the above registry of this court a form entitled Notice of Interest and YOU MUST ALSO SERVE a copy of the Notice of Interest to the appellant's(s') address for service set out in this Notice of Appeal.

and substituting the following:

The appellant(

s) estimate(

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

IF YOU INTEND to oppose the appeal, YOU MUST GIVE NOTICE of your intention by filing in the above registry of this court a form entitled Notice of Interest and YOU MUST ALSO SERVE a copy of the Notice of Interest on the appellant's(s') address for service set out in this Notice of Appeal.

43 Form F85 is amended by striking out " Appendix C " in both places and substituting "

Schedule 1 of Appendix C ".

44 Form F98 is amended by adding

The appellant(

s) estimate(

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

before the following:

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

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

Signature of

[ ] appellant [ ] lawyer for appellant(s)

...........................[ type or print name ]..........................

45 Form F100 is amended by repealing sections 2 and 3 and substituting the following:

[ Check whichever box is correct and compete any required information. ]

[ ] 2 I conducted a mediation session in which the following persons participated: .............................[ if a participant in the mediation attended in a representative capacity, indicate that and identify the person(

s) on whose behalf the representative participated ]........................... .

3 The parties to the mediation were unable to resolve all of the issues at the mediation session and I terminated the mediation.

[OR]

[ ] 2 I determined that mediation was not appropriate between ………………………………… and ……………………………………………. and I so advised those persons.

Section 2 (2) of

Schedule 1 of Appendix C is amended by striking out " or " at the end of paragraph (a), by adding " , or " at the end of paragraph (

b) and by adding the following paragraph:

(

c) that the mediator determined that it was not appropriate for the parties to engage in mediation and so advised those parties.

47 The table in

Schedule 1 of Appendix C is amended

(

a) by striking out "

PART 1 ", and

(

b) by striking out everything after Item 20 and substituting the following:

Item

Description

Fee

($)

For returning by mail, fax or electronic mail the results of a search of a record, the aggregate of the following:

(

a) fee for returning the results

(

b) cost per page faxed

For

(

a) a certified copy of a document

(

b) issuing a certificate of judgment

(

c) issuing a certificate of pending litigation or other certificate not otherwise provided for

(

d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page

48 The tables in Schedules 1 and 4 of Appendix C are amended

(

a) in Item 4 (

b) by striking out " hearing inquiry " and substituting " hearing, inquiry ",

(

b) by adding the following item under the heading " Other filings " as indicated:

Item

Description

Fee

($)

7.1

For filing a written agreement as provided for in

section 122 of the Family Relations Act

(

c) by repealing Items 15 and 19 and substituting the following as indicated:

Schedule 2 of Appendix C is amended

(

a) in item 2 (

b) by striking out " 60 " and substituting " 75 ",

(

b) in item 3 (

b) by striking out " 60 " and substituting " 75 ",

(

c) in item 4 (

b) by striking out " 45 " and substituting " 60 ",

(

d) in item 5 (

b) by striking out " 60 " and substituting " 75 ", and

(

e) in item 8 by striking out " 45¢ " and substituting " 50¢ ".

Schedule 4 of Appendix C is amended by adding the following after Item 20 of the table:

Copyright © 2010: Queen's Printer, Victoria, British Columbia, Canada

Document details

CollectionBritish Columbia — Gazette
CitationB.C. Reg. 119/2010
Typegazette
Volume / chapterbcgaz2 v53n09 119 2010
Languageen
Formatxml
SourcePROVINCIAL
Identifier511f02064c55b68a704b288139e4b55376b43a5c

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