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Volume 52, No. 12

B.C. Reg. 165/2009

The British Columbia Gazette,

Part II

June 30, 2009

B.C. Reg. 165/2009 , deposited June 17, 2009, pursuant to the COURT RULES ACT [Section 1]. Order in Council 291/2009, approved and ordered June 17, 2009.

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, 2009, the Supreme Court Rules, B.C. Reg. 221/90, are amended as set out in the attached Schedule.

— M. de JONG, Attorney General ; I. CHONG, Presiding Member of the Executive Council .

Schedule

1 Rule 37B of the Supreme Court Rules, B.C. Reg. 221/90, is amended

(

a) in subrule (5) by striking out " one or both " and substituting " one or more ",

(

b) in subrule (5) (

a) by striking out " of costs to which the party would otherwise be entitled in respect of " and substituting " of any or all of the costs, including any or all of the disbursements, to which the party would otherwise be entitled in respect of all or some of ",

(

c) in subrule (5) by adding the following paragraphs:

(

c) award to a party, in respect of all or some of the steps taken in the proceeding after the date of delivery or service of the offer to settle, costs to which the party would have been entitled had the offer not been made;

(

d) if the offer was made by a defendant and the judgment awarded to the plaintiff was no greater than the amount of the offer to settle, award to the defendant the defendant's costs in respect of all or some of the steps taken in the proceeding after the date of delivery of the offer to settle. , and

(

d) by adding the following subrules:

Costs for settlement in cases within small claims jurisdiction

(7) A plaintiff who accepts an offer to settle for a sum within the jurisdiction of the Provincial Court under the Small Claims Act is not entitled to costs, other than disbursements, unless the court finds that there was sufficient reason for bringing the proceeding in the Supreme Court and so orders.

Counter offer

(8) An offer to settle does not expire by reason that a counter offer is made.

2 Rule 44 is amended by adding the following subrule:

Address for delivery

(6.1) A person referred to in subrule (6) who has not yet provided an address for delivery in the proceeding must include an address for delivery in any response delivered under subrule (6), and Rules 4 (7) to (10) and 69 (17) to (19) apply.

3 Rule 66 (29.1) is amended by striking out " Rule 37 or 37A " and substituting " Rule 37, 37A or 37B ".

4 Rule 67 (10) is amended by striking out " July 2, 2009. " and substituting " July 2, 2010. ".

5 Forms 64, 65 and 65A are repealed.

6 Form 124 is amended by adding the following after " The respondent estimates that the application will take . minutes. ":

[Check whichever one of the following boxes is correct and complete any required information.]

[ ] The respondent has filed in this proceeding a document, referred to in Rule 4 (6) or 44 (6), that contains an address for delivery.

[ ] The respondent has not filed in this proceeding a document, referred to in Rule 4 (6) or 44 (6), that contains an address for delivery. The respondent's ADDRESS FOR DELIVERY is: ........[ set out an address for delivery that complies with Rule 4 (7), (7.1) and (9) and any additional address(es) under Rules 4 (8) or 69 (17) that the respondent wishes to include ]........ .

Section 2 of Appendix B is amended

(

a) in subsection (6) by striking out " December 31, 2006, any costs payable on acceptance of that offer must " and substituting " December 31, 2006 and before July 2, 2008, any costs payable on acceptance of that offer must, unless the court otherwise orders, ", and

(

b) by adding the following subsection:

(7) If an offer to settle is made under Rule 37B after July 1, 2008, any costs payable on acceptance of that offer must, unless the court otherwise orders, be assessed under Scale B.

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