British Columbia Order in Council — Provisions brought into force (O.C. 271/2022)

O.C. 271/2022

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria page 1 of 77 On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective July 18, 2022, (

a) the Court of Appeal Act, S.B.C. 2021, c. 6, is brought into force, (

b) the Court of Appeal Rules, B.C. Reg. 297/2001, are repealed, and (

c) the attached Court of Appeal Rules are made. Attorney General and Minister Responsible for Housing Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Court of Appeal Act, S.B.C. 2021, c. 6, s. 57; Court Rules Act, R.S.B.C. 1996, c. 80, s. 1 Other: O.C. 1075/2001 R10493319 271 May 24, 2022

page 2 of 77 COURT OF APPEAL RULES Contents

PART 1 –

INTERPRETATION 1

Definitions and

interpretation 2

Interpretation – timing

PART 2 – HOW TO FILE AND SERVE DOCUMENTS 3 General requirements for filing and serving documents 4 Permitted methods of service 5 Registrar directives – manner of filing documents

PART 3 – STEPS AT THE START OF AN APPEAL Division 1 – Bringing and Responding to an Appeal 6 How to appeal 7 How to respond to a notice of appeal Division 2 – Bringing and Responding to a Cross Appeal 8 When to bring a cross appeal 9 How to bring a cross appeal 10 How to respond to a notice of cross appeal Division 3 – Bringing and Responding to Applications for Leave to Appeal 11 Limited appeal orders 12 When an application for leave to appeal is required 13 How to apply for leave to appeal 14 How to respond to an app lication for leave to appeal 15 Applications for leave that must be heard concurrently 16 Use of application book for leave to appeal in remainder of appeal Division 4 – Appealing Su bsequent Related Orders 17 How to appeal a subsequent related order after an appeal is brought Division 5 – Adding Addition al Respondents to an Appeal 18 Justice may add respondents to an appeal Division 6 – Stays of Proceedings or Execution 19 Definition 20 Applying for a stay of proceedings or execution 21 Responding to stay applications

PART 4 – STEPS AFTER AN APPEAL IS BROUGHT Division 1 – Appeals Th at Have Been Brought 22 When an appeal is brought Division 2 – Documents Filed to Ready an Appeal for Hearing 23 Appeal record 24 Transcripts of proceedings in court appealed from 25 Factums 26 Appeal book 27 Book of authorities 28 Settling the contents of a document Division 3 – Additional Do cuments Filed to Ready a Cross Appeal for Hearing 29 Factums on cross appeal 30 Appeal books on cross appeal

page 3 of 77 Division 4 – Expediting Appeals 31 Expediting appeals

PART 5 – STEPS AFTER AN APPEAL IS READY FOR HEARING Division 1 – Appeals That Are Ready for Hearing 32 When an appeal is ready for hearing Division 2 – Obtaining an Appeal Hearing Date 33 Appellant must obtain appeal hearing date 34 Respondent may obtain appeal hearing date 35 Registrar may set appeal hearing date

PART 6 – STEPS AT THE HEARING OF AN APPEAL 36 Points of law and authorities not cited in factum 37 Condensed book of evidence and condensed book of authorities

PART 7 – STEPS AFTER AN APPEAL HAS BEEN HEARD 38 Drawing up and entering the order of the court 39 Applying to registrar for assessment of costs 40 Applying to court for directions on costs

PART 8 – MANAGING THE APPEAL PROCESS Division 1 – General 41 Dispensing with a rule or extending a time limit 42 Attendance through telecommunications 43 Having appeal heard by more than 3 justices 44 Cross examination on affidavits 45 Adjourning an appeal 46 Abandoning an appeal or ap plication for leave to appeal Division 2 – Case Management 47 Case management 48 Powers of a justice on case management Division 3 – Inactive Appeals 49 Inactive appeal list 50 Managing inactive appeal list Division 4 – Dismissal of Appeals as Abandoned 51 Appeals that are dismissed as abandoned

PART 9 – APPLICATIONS Division 1 – How to Bring and Respond to Applications Made to the Court, a Justice or the Registrar 52 Applications made to the cour t, a justice or the registrar 53 Application hearing date must be obtained 54 Notice of application 55 Responding to applications 56 Registrar may set chambers application hearing date Division 2 – Specific Requirements for Bringing and Responding to Certain Applications 57 Urgent applications 58 Payment of security 59 Adducing fresh or new evidence 60 Quashing an appeal or raising a preliminary objection 61 Intervener status

page 4 of 77 62 Varying an order of a justice 63 Varying or cancelling an order of the registrar Division 3 – Application Hearings 64 Attendance at application hearings 65 Adjourning applications before hearing date

PART 10 – ORDERS 66 General requirements for orders 67 Consent orders 68 Settling the form or content of orders

PART 11 – COSTS Division 1 – Assessment of Costs 69 Assessment of ordinary costs 70 Assessment of increased costs 71 Assessment of special costs 72 Assessment of fees, disbursements and expenses 73 Costs for preparation for activities that do not take place 74 Costs owing between multiple parties 75 Combining costs of multiple appeals Division 2 – Offers to Settle Costs 76 Offers to settle costs Division 3 – Certificates of Costs 77 Certificates of costs Division 4 – Costs Orders Against Lawyers 78 Costs orders against lawyers

PART 12 – GENERAL Division 1 – Court Documents 79 Required form of documents 80 Parties must have address for service 81 Party may show service ineffective 82 Amending filed documents 83 Registry hours and deemed filing Division 2 – Court Fees 84 Payment of court fees 85 Order that no fees payable Division 3 – Appointing and Changing Lawyers 86 Party appointing or changing lawyer 87 Lawyer withdrawals 88 When a lawyer is the lawyer of record Division 4 – Practice Directives 89 Practice directives

PART 13 – TRANSITION 90

Definitions 91 Application of rules to pre-existing app eals and applications for leave to appeal 92 Bringing cross appeals in relation to pr e-existing applications for leave to appeal 93 Ordinary costs in relation to pre-existing appeals 94 Page limits for cross appeal factums and replies

SCHEDULE 1 – ORDINARY COSTS TARIFF

page 5 of 77

SCHEDULE 2 – COURT FEES

SCHEDULE 3 – COURT FORMS

PART 1 –

INTERPRETATION

Definitions and

interpretation 1

(1) In these rules: “Act” means the Court of Appeal Act; “business day” means a day on which the court registries are open to the public; “completion instructions” means the instructions issued by the registrar for completion of documents; “document” includes the following: (

a) a photograph, film or sound recording; (

b) any record of a permanent or semi-permanent character; (

c) any information recorded or stored by means of any device; “file”, in relation to a document, means to f ile the document in a court registry in accordance with the requirements under th ese rules or any directives of the registrar issued under

section 38 [directives in relation to filing] of the Act; “hearing date” means the date set for a hearing; “inactive appeal list” means the list of inactive appeals maintained by the registrar under Rule 49 (1); “intervener” means a person who has been granted leave under Rule 61 [intervener status] to intervene in an appeal; “obtain a hearing date” , in relation to an appeal or application, means to obtain from the registrar a hearing date for the appeal or application; “ordinary costs tariff” means the tariff of ordinary costs set out in

Schedule 1; “serve”, in relation to a document, means to serve the document in accordance with these rules; “supporting affidavit” means an affidavit that sets out any facts that a person intends to rely on at a hearing.

(2) In these rules, words and expressions that are not defined have the same meanings as in the Act.

Interpretation – timing 2 If the time for doing

an act under these rule s falls or expires on a day other than a business day, the time is extended to the next business day.

page 6 of 77

PART 2 – HOW TO FILE AND SERVE DOCUMENTS General requirements for filing and serving documents 3 Unless a contrary intention appears, if a rule in these rules requires a person to file and serve a document that relates to an appeal, the person must (

a) file the document, and (

b) serve on each party to the appeal a copy of the filed version of the document. Permitted methods of service 4

(1) A notice of appeal must be served on a respondent by (

a) serving the respondent personally, (

b) serving the respondent’s lawyer of record in the court appealed from, or (

c) serving the respondent in any other manner directed by a justice or the registrar.

(2) A document, other than a notice of appeal, may be served on a party by (

a) serving the party personally, (

b) serving the party’s lawyer of record on an appeal, (

c) if the party has filed a document containing an address for service, (

i) delivering the document to the party’s address for service, or (ii) sending the document to the party’s email address for service, if any, or (

d) serving the party in any other manner di rected by a justice or the registrar.

(3) A document transmitted for service by email or fax is deemed to be served as follows: (

a) if the document is transmitted at or before 4 p.m. on a business day, the document is deemed to be served on that day; (

b) if the document is transmitted at either of the following times, the document is deemed to be served on the next business day: (

i) after 4 p.m. on a business day; (ii) any time on a day other than a business day. Registrar directives – manner of filing documents 5 For the purposes of

section 38 [directives in relation to filing] of the Act, and without limiting the authority of the registrar under that section, the registrar may issue directives (

a) requiring that any docume nt under these rules be filed (

i) in either paper or electronic form, or (ii) in both paper and electronic form, and (

b) specifying the number of copies of a document that must be filed.

page 7 of 77

PART 3 – STEPS AT THE START OF AN APPEAL Division 1 – Bringing and Responding to an Appeal How to appeal 6

(1) A person who wishes to appeal an or der must do the following within the time limit set out in subrule (2): (

a) file a notice of appeal in Form 1 that names as a respondent each person (

i) who was a party to the proceedings in the court appealed from, and (ii) whose interests could be affected by the relief sought in the notice; (

b) serve, in accordance with Rule 4 (2) [permitted methods of service], on each respondent named in the notice of ap peal a copy of the filed notice of appeal.

(2) The time limit for filing and serving a notice of appeal of an order is the following: (

a) unless paragraph (

b) applies, not more than 30 days after the order is pronounced; (

b) if another enactment specifies a time limit within which the appeal must be commenced, that time limit. How to respond to a notice of appeal 7

(1) A respondent who is served a notice of appeal and who wishes to participate in the appeal must, not more than 10 days after being served the notice of appeal, file and serve on the appellant a notice of appearance in Form 2.

(2) If a respondent who has been served a notice of appeal does not file a notice of appearance under this rule, (

a) the respondent is presumed to take no position on the appeal, and (

b) a party is not required to serve on the respondent any further documents related to the appeal, unless the court or a justice orders otherwise. Division 2 – Bringing and Re sponding to a Cross Appeal When to bring a cross appeal 8 A respondent may file a notice of cross appeal only if the respondent (

a) has filed a notice of appearance in Form 2, (

b) is seeking to vary the order being appealed, and (

c) is seeking relief from the court that is different from the relief sought by the appellant, as described in the notice of appeal. How to bring a cross appeal 9 To bring a cross appeal, a respondent mu st do the following not more than 15 days after being served a notice of appeal: (

a) file a notice of cross appeal in Form 3; (

b) serve a copy of the filed notice of cross appeal

page 8 of 77 (

i) on each party, and (ii) on any other respondent named in the notice of cross appeal. How to respond to a notice of cross appeal 10

(1) To respond to a notice of cross appeal, a respondent referred to in Rule 9 (b) (ii) must file and serve a notice of appearance in Form 2 not more than 10 days after being served the notice of cross appeal.

(2) If a respondent referred to in Rule 9 (b) (ii) does not file a notice of appearance under this rule, (

a) the respondent is presumed to ta ke no position on the cross appeal, and (

b) a party is not required to serve on the respondent any further documents related to the cross appeal, unless the court or a justice orders otherwise. Division 3 – Bringing and Responding to Applications for Leave to Appeal Limited appeal orders 11 For the purposes of the definition of “limited appeal order” in

section 1 of the Act, the following orders are prescribed as limited appeal orders: (

a) an order granting or re fusing relief for which provi sion is made under any of the following Parts or rules of the Supreme Court Civil Rules: (

i) Rule 3-7 (22) [order for particulars]; (ii)

Part 5 [Case Planning]; (iii)

Part 7 [Procedures for Ascertaining Facts] , other than Rule 7-7 (6) [application for order on admissions]; (iv) Rule 9-7 (11), (12), (17) or (18) [adjournment or dismissal, preliminary orders, orders, and right to vary or set aside order]; (

v) Part 10 [Property and Injunctions] ; (vi)

Part 11 [Experts] ; (vii) Rule 12-2 [Trial Management Conference]; (viii) Rule 18-1 [Inquiries, Assessments and Accounts]; (ix) Rule 21-7 [Foreclosure and Cancellation]; (

x) Rule 22-1 (4) [evidence on an application] ; (

b) an order granting or re fusing relief for which provi sion is made under any of the following Parts or rules of the Supreme Court Family Rules: (

i) Rule 4-6 (3) [order for particulars]; (ii)

Part 5 [Financial Disclosure] , other than Rule 5-1 (28) (

b) and (c) [relief]; (iii) Rule 7-1 [Judicial Case Conference]; (iv)

Part 9 [Procedures for Obtaining Information and Documents], other than Rule 9-6 (6) [application for order on admissions]; (

v) Rule 10-3 (4) [evidence on an application] ;

page 9 of 77 (vi) Rule 11-3 (11), (12), (17) or (18) [adjournment or dismissal, preliminary orders, orders and right to vary or set aside order]; (vii)

Part 12 [Property and Injunctions] ; (viii)

Part 13 [Court Ordered Reports and Expert Witnesses] ; (ix) Rule 14-3 [Trial Management Conference]; (

x) Rule 18-1 [Inquiries, Assessments and Accounts]; (

c) an order granting or refusing interim relief under the Family Law Act or the Divorce Act (Canada); (

d) an order granting or refusing an asse ssment of a family matter made under

section 211 [orders respecting reports] of the Family Law Act; (

e) an order granting or refusing an adjournment or an extension or a shortening of time; (

f) an order in respect of costs or securi ty for costs, if the only matter being appealed is in respect of costs or security for costs; (

g) an order of a Supreme Court judge granting or refusing an appeal from an order referred to in any of paragraphs (

a) to (f). When an application for leave to appeal is required 12 A party bringing an appeal or cross appeal must apply for leave to appeal if any of the following apply: (

a) the order being appealed is a limited appeal order; (

b) an enactment, other than the Act, requ ires leave from the court or a justice to appeal or cross appeal the order being appealed; (

c) the party bringing the appeal or cr oss appeal does not know whether leave of the court is required to bring the appeal or cross appeal. How to apply for leave to appeal 13 A party who wishes to bring an application for leave to appeal must (

a) file and serve a notice of application in Form 4 and an application book for leave to appeal prepared in accordance with the completion instructions not more than 30 days after filing the related notice of appeal or notice of cross appeal, as applicable, and (

b) obtain a hearing date for the application that is at least 10 business days after the application for leave to appeal is filed and served. How to respond to an application for leave to appeal 14

(1) A party who wishes to respond to an application for leave to appeal must file and serve a response book for leave to appeal at least 5 business days before the application hearing date.

(2) A response book for leave to appeal must be prepared in accordance with the completion instructions.

page 10 of 77 Applications for leave that must be heard concurrently 15 Unless a justice or the regi strar orders otherwise, if the appellant and one or more respondents apply for leave to appeal in relation to the same order, those applications must be heard at the same time. Use of application book for leave to appeal in remainder of appeal 16 A justice may allow an application book for leave to appeal to stand as a substitute for one or more documents that may be filed in an appeal. Division 4 – Appealing Subsequent Related Orders How to appeal a subsequent related order after an appeal is brought 17

(1) In this rule, “subsequent related order” , in relation to an order that is under appeal, means an order that (

a) is made after the order that is under appeal, and (

b) involves the same parties a nd the same cause or matter.

(2) This rule applies to a party who is (

a) an appellant, or (

b) a respondent who brings a cross appeal.

(3) A party may appeal a subsequent related order under this rule (

a) before a notice of hearing of appeal is filed for the order that is under appeal, or (

b) after a notice of hearing of appeal has been filed, if permitted by a justice or the registrar on application.

(4) The registrar may dispense with a re quirement under Division 1 of

Part 9 in an application referred to in subrule (3) (b).

(5) A party who appeals a subsequent related order under subrule (3) must, (

a) in the case of an appellant, file an amended notice of appeal, or (

b) in the case of a respondent w ho brings a cross appeal, file (

i) file a notice of cross appeal, and (ii) if the notice of cross appeal has already been filed, file an amended notice of cross appeal.

(6) A party referred to in subrule (5) must (

a) address the subseque nt related order in the party’s factum, or (

b) if the factum has already been file d, file and serve an amended factum.

(7) A party who is required to file and serve an amended factum under subrule (6) (

b) must do so, (

a) in the case of an appeal under subrule (3) (a), before a notice of hearing of appeal is filed, unless otherwise directed by a justice or the registrar, and

page 11 of 77 (

b) in the case of an appeal under subrule (3) (b), within the time limit set by the justice or registrar.

(8) Unless otherwise directed by a justice or the regist rar, a party who is served an amended factum must file and serve an amended response factum not more than 15 days after being served.

(9) For the purposes of subrules (5) to (8), (

a) the amendments in an amended fa ctum may address only the amendments made in the amended notice of appeal, and (

b) the amendments in an amended response factum may address only the amendments made in the amended factum.

(10) Rule 82 [amending filed documents] does not apply to an amended notice of appeal, amended factum or amended response factum that is filed under this rule.

(11) For certainty, this rule does not affect a person’s right to appeal a subsequent related order in accordance with Divisions 1 to 3 of

Part 3. Division 5 – Adding Addition al Respondents to an Appeal Justice may add respondents to an appeal 18

(1) A justice may make an order under subrule (2), if (

a) a person was not named as a respondent in a notic e of appeal or notice of cross appeal, and (

b) the justice determines that the person has interests that could be affected by the relief sought in the appeal or cross appeal.

(2) On application by a person referred to in subrule (1) (a), a justice, in the circumstances referred to in that subrule, may order that (

a) the person be added as a respondent to the appeal, (

b) the notice of appeal or notice of cr oss appeal, as applicable, be amended to name the person as a respondent, and (

c) the person be served the amended notice of appeal or notice of cross appeal, as applicable.

(3) Before filing a notice of application or any other document for the purposes of commencing an application under subrule (2), a person who wishes to bring an application must obtain a hearing date for the application.

(4) A person who wishes to bring an application under this rule must file and serve the following documents at least 5 business days before the application hearing date: (

a) a notice of application in Form 4; (

b) the person’s supporting affidavits, if any; (

c) the person’s writte n argument, if any.

(5) A person who is served a notice of a pplication under this rule may, for the purposes of responding to the application, file and serve the following documents at least 2 business days before the application hearing date:

page 12 of 77 (

a) the person’s supporting affidavits, if any; (

b) the person’s writte n argument, if any.

(6) The registrar may set the date, time a nd place for the hearing of an application under this rule. Division 6 – Stays of Proceedings or Execution Definition 19 In this Division, “stay application” means an application for a stay of proceedings or a stay of execution referred to in Rule 20 (1). Applying for a stay of proceedings or execution 20

(1) A party may apply for a stay of proceedings or a stay of execution to put on hold a proceeding or a process of execution pending the outcome of an appeal.

(2) A party may join a stay application with the party’s application for leave to appeal in accordance with subrule (4).

(3) To bring a stay application, a party must file and serve a notice of application in Form 4 and an application book prepared in accordance with the completion instructions at least 5 business days before the applicat ion hearing date.

(4) To join a stay application with an appl ication for leave to appeal, a party must, instead of bringing an application for leave to appeal under Rule 13, (

a) file and serve a notice of application in Form 4 and an application book for leave to appeal and stay prepared in accordance with the completion instruc- tions not more than 30 days after filing the related notice of appeal or notice of cross appeal, as applicable, and (

b) obtain a hearing date for the application that is at least 10 business days after the application for leave to appeal is filed and served. Responding to stay applications 21

(1) A party who wishes to respond to a stay application must do one of the following: (

a) in the case of a stay application that is not joined with an application for leave to appeal, file and serve a response book at least 2 business days before the application hearing date; (

b) in the case of a stay application that is joined with an application for leave to appeal, file and serve a response book for leave to appeal and stay at least 5 business days before the application hearing date.

(2) A response book under this rule must be prepared in accordance with the completion instructions.

page 13 of 77

PART 4 – STEPS AFTER AN APPEAL IS BROUGHT Division 1 – Appeals That Have Been Brought When an appeal is brought 22 An appeal is brought for the purposes of these rules as follows: (

a) if leave to appeal is not required, when the appellant (

i) files the notice of appeal, and (ii) serves a copy of the filed notice of appeal on each respondent named in the notice of appeal; (

b) if leave to appeal is required, when leave to appeal is granted. Division 2 – Documents Filed to Ready an Appeal for Hearing Appeal record 23

(1) An appellant must file and serve an appeal record (

a) not more than 60 days after filing a notice of appeal, or (

b) if leave to appeal is required, not mo re than 60 days after leave to appeal is granted.

(2) An appeal record must be prepared in accordance with the completion instructions. Transcripts of proceedings in court appealed from 24

(1) In this rule, “book of transcripts” means a book of transcripts that (

a) includes the transcripts required under subrule (3), and (

b) meets the requirements for tran scripts set out in subrule (4).

(2) An appellant must file and serve a book of transcripts (

a) not more than 60 days after filing a notice of appeal, or (

b) if leave to appeal is required, not mo re than 60 days after leave to appeal is granted.

(3) Unless a justice or the registrar orde rs otherwise, a book of transcripts must contain the following from the proceedings under appeal: (

a) transcripts of all oral testimony, if any was given; (

b) transcripts other than testimony, if they are necessary to resolve the issues under appeal.

(4) Transcripts that are filed in the court must be prepared (

a) by an official reporter from the official record of the court appealed from, and (

b) in accordance with the British Columbia Court Transcription Manual.

(5) The registrar may dispense with a requirement under subrule (4).

(6) Despite subrule (3), an appellant may ex clude any portion of a transcript from a book of transcripts with the agreement of the other parties.

page 14 of 77 Factums 25

(1) An appellant must file and serve an appellant’s factum not more than 30 days after filing the appeal record.

(2) A respondent must file and serve a re spondent’s factum not more than 30 days after being served an appellant’s factum.

(3) An appellant may reply to a respondent’s factum by filing and serving an appellant’s reply not more than 7 days after being served the respondent’s factum.

(4) Documents filed under this rule must be prepared in accordance with the completion instructions. Appeal book 26

(1) In this rule: “appeal book” means a book that (

a) contains the evidence referred to in a party’s factum, and (

b) meets the requirements set out in subrule (4); “joint appeal book” means an appeal book prepared jointly by all the parties to an appeal.

(2) If the appellant’s factum refers to evidence, the appellant must file and serve an appeal book when the appellant files and serves that factum.

(3) If the respondent’s factum refers to evidence that is not included in the appellant’s appeal book, the respondent must file and serve an appeal book when the respondent files and serves that factum.

(4) An appeal book and joint appeal book must (

a) be prepared in accordance with the completion instructions, and (

b) include only as much evidence as is necessary to resolve the issues on appeal.

(5) Despite subrules (2) and (3), (

a) the parties may file a joint appeal book not more than 30 days after the respondent files the respondent’s factum, and (

b) filing a joint appeal book under paragr aph (

a) satisfies the requirement for a party to file and serve an appeal book.

(6) If the costs of an appeal are increased unduly by a party’s failure to comply with subrule (4), a justice or the registrar ma y consider the party’s failure to comply when awarding or assessing costs. Book of authorities 27

(1) In this rule: “book of authorities” means a book that includes, subject to subrule (5), (

a) each authority referred to in a party’s factum, and (

b) each authority that a party intends to refer the court to at the hearing of an appeal;

page 15 of 77 “joint book of authorities” means a book of authorities prepared jointly by all the parties to an appeal.

(2) A party must file and serve a book of authorities at least 30 days before an appeal hearing date if (

a) the party’s factum refers to an authority, or (

b) the party intends to refer the court to an authority at the hearing of the appeal.

(3) Despite subrule (2), (

a) the parties to an appeal may file a joint book of authorities at least 30 days before an appeal hearing date, and (

b) filing a joint book of authorities under paragraph (

a) satisfies the requirement for a party to file and serve a book of authorities.

(4) A book of authorities and joint book of authorities must be prepared in accordance with the completion instructions.

(5) If the registrar publishes a list of author ities, a party is not required to include an authority on that list in a book of author ities or joint book of authorities, unless the court or a justice will be asked to depart from or distinguish that authority. Settling the contents of a document 28

(1) A party may apply to the registrar to se ttle the contents of one or more of the following: (

a) an appeal record; (

b) a transcript; (

c) an appeal book.

(2) On application under subrule (1), the registrar may do one or more of the following in relation to a document referred to in that subrule: (

a) settle or limit the contents of the document; (

b) direct that a party add or re move materials from the document; (

c) direct that the document not be used in the appeal; (

d) provide any other directions that ma y be required as a result of settling the contents of the document.

(3) The registrar may take an action under subrule (2) whether or not all parties attend the application hearing. Division 3 – Additional Documents Filed to Ready a Cross Appeal for Hearing Factums on cross appeal 29

(1) Not more than 30 days after being served an appellant’s factum under Rule 25 (1), a respondent who has brought a cross appeal must file and serve a respondent’s cross appeal factum inst ead of a respondent’s factum under Rule 25 (2).

page 16 of 77

(2) If an appellant is served a respondent ’s cross appeal factum, the appellant (

a) must file and serve an appellant’s cross appeal response factum not more than 14 days after being served, and (

b) may file and serve an appellant’s re ply not more than 7 days after being served.

(3) A respondent referred to in subrule (1) may reply to an appellant’s cross appeal response factum by filing and serving a respondent’s cross appeal reply not more than 7 days after being served the appellant’s cross appeal response factum.

(4) A party must not unnecessa rily repeat in a factum for a cross appeal any matters contained in a factum for the main appeal.

(5) Documents filed under this rule must be prepared in accordance with the completion instructions. Appeal books on cross appeal 30

(1) In this rule, “appeal book” and “joint appeal book” have the same meaning as in Rule 26.

(2) If a respondent’s cross appe al factum refers to evidence and that evidence is not included in the appellant’s appeal book, the respondent (

a) must file and serve an appeal book wh en the respondent files and serves the respondent’s cross appeal factum, or (

b) may, instead of filing and serving an appeal book under paragraph (a), file a joint appeal book with the other parties not more than 30 days after filing the respondent’s cross appeal factum.

(3) An appeal book and joint appeal book must be prepared in accordance with the completion instructions. Division 4 – Expediting Appeals Expediting appeals 31

(1) A party may request to expedite an appeal by doing the following: (

a) submitting a written re quest that meets the requirements set out in subrule (2) to the registrar; (

b) serving on each party a copy of the written request,

(2) A written request to expedite an appeal must succinctly state (

a) the nature of the appeal, (

b) the reasons for the request, (

c) whether the other parties c onsent to expediting the appeal, (

d) the proposed terms for expediting th e hearing of the appeal, including (

i) a

schedule for the steps required to bring the appeal to hearing, and (ii) an estimate of the time required for the hearing of the appeal, and (

e) a list of proposed dates for the hearing of the appeal.

page 17 of 77

(3) A party may oppose a written request under subrule (1) by doing the following not more than 2 business days after being served the written request: (

a) submitting a written response to the registrar; (

b) serving on each party a copy of the written response.

PART 5 – STEPS AFTER AN APPEAL IS READY FOR HEARING Division 1 – Appeals That Are Ready for Hearing When an appeal is ready for hearing 32 An appeal is ready for hearing on (

a) the date the appellant has filed both (

i) the appellant’s factum, and (ii) a copy of each order being appealed, in the form that the order was entered in the court appealed from, or (

b) the date specified by a justice or the re gistrar as the date the appeal is ready for hearing. Division 2 – Obtaining an Appeal Hearing Date Appellant must obtain appeal hearing date 33

(1) After an appeal is ready for hear ing, an appellant must, without delay, (

a) obtain a hearing date for the appeal, and (

b) inform the registrar if the parties disa gree on the length of time required for the hearing of the appeal.

(2) After obtaining a hearing date under subrule (1), the appellant must, without delay, file and serve a noti ce of hearing of appeal in Form 5 that has attached a copy of each order being appealed, in the form that the order was entered in the court appealed from. Respondent may obtain appeal hearing date 34

(1) A respondent may obtain a hearing date for an appeal if (

a) the respondent has filed a respondent’s factum or respondent’s cross appeal factum, and (

b) the appellant has not complied with Rule 33 (1) or (2).

(2) If a respondent obtains a hearing date under subrule (1), the respondent must, not more than 5 days after obtaining the hearing date, file a nd serve a notice of hearing of appeal in Form 5 that ha s attached a copy of each order being appealed, in the form that the order was entered in the court appealed from. Registrar may set appeal hearing date 35

(1) The registrar may set the date, time and place for the hearing of an appeal, subject to the directions of the chief justice.

page 18 of 77

(2) On the request of the registrar, a party must, without delay, provide to the registrar an estimate of the time required for the hearing of an appeal.

PART 6 – STEPS AT THE HEARING OF AN APPEAL Points of law and authorities not cited in factum 36 The court, on terms it considers just, may permit a party to use arguments, raise points of law or cite authorities that were not used, raised or cited in the party’s factum filed under

Part 4 [Steps After an Appeal Is Brought]. Condensed book of evidence and condensed book of authorities 37

(1) In this rule: “condensed book of authorities” means a book that contains excerpts of authorities (

a) that are included in the party’s filed book of authorities, and (

b) that the party intends to refer the court to during the hearing of an appeal; “condensed book of evidence” means a book that contains materials (

a) that were filed in an appeal, and (

b) that a party intends to refer the cour t to during the hearing of the appeal.

(2) A party may submit a condensed book of authorities or a condensed book of evidence, or both, to the court at the hearing of an appeal by providing a copy of the condensed book to all of the followi ng persons at the commencement of the hearing: (

a) each justice in the division of the court hearing the appeal; (

b) each other party at the hearing of the appeal.

(3) Subrule (2) does not apply in respect of a condensed book of authorities or condensed book of evidence if a filing directive requires the condensed book to be filed before the appeal hearing date.

(4) A condensed book of authorities must be prepared in accordance with the completion instructions.

(5) A condensed book of evidence (

a) must be prepared in accordance wi th the completion instructions, and (

b) subject to subrule (6), may only include the following documents filed in the appeal: (

i) extracts of a transcript; (ii) documents from the appeal record or appeal book.

(6) Any extracts or documents include d in a condensed book of evidence may include only as much material as is necessary to understand the context of the key portions of the extract or document.

page 19 of 77

PART 7 – STEPS AFTER AN APPEAL HAS BEEN HEARD Drawing up and entering the order of the court 38 After judgment on appeal has been given, the order of the court must be drawn up and entered in accordance with Rule 66. Applying to registrar for assessment of costs 39

(1) After judgment on appeal has been given, a party who is entitled to costs may apply to the registrar for an assessment of costs under Division 1 of

Part 11.

(2) In bringing an applicat ion under subrule (1), a party must, in addition to complying with the requirements under Rules 53 [application hearing date must be obtained] and 54 [notice of application] , attach to the notice of application a bill of costs in Form 21.

(3) The registrar may order a party to give notice of an assessment of costs to a person whose inte rests could be affe cted by the assessment, including a person who has an interest in a fund or an estate. Applying to court for directions on costs 40

(1) After judgment on appeal has been give n, a party may apply to the court for directions under

section 45 [powers of court or a jus tice in relation to costs] of the Act if the parties disagree on matters in relation to costs.

(2) To bring an application under subrule (1), a party must (

a) submit a written request to the registrar that includes (

i) a

summary of the disagreement and the party’s position on the disagreement, and (ii) a proposed

schedule for submissi ons by the parties or a request for the registrar to set a

schedule for submissions by the parties, and (

b) serve on each party a copy of the written request.

PART 8 – M ANAGING THE APPEAL PROCESS Division 1 – General Dispensing with a rule or extending a time limit 41 A person may apply to a justice to do one or more of the following under

section 32 [dispensing with rules and varying time limits] of the Act: (

a) dispense with a requirement of these rules; (

b) extend the time limit provided in these rules for doing

an act. Attendance through telecommunications 42 The court, a justice or the registrar may allow a person to attend a hearing or case management by telephone, vide o conference or other me ans of telecommunication authorized by the chief justice.

page 20 of 77 Having appeal heard by more than 3 justices 43

(1) A party may request that an appeal be heard by more than 3 justices by doing the following at least 6 weeks before the appeal hearing date: (

a) submitting a written request stating the reasons for the request to the registrar; (

b) serving on each party a copy of the written request.

(2) A party may oppose a written request under subrule (1) by doing the following not more than 5 days after being served the written request: (

a) submitting a written response to the registrar; (

b) serving on each party a copy of the written response. Cross examination on affidavits 44

(1) A party to an appeal may apply to th e court or a justice to cross-examine a deponent of an affidavit filed in relation to the appeal by another party or an intervener.

(2) On application under subrule (1), the court or a justice may order that the deponent attend for cross-examinati on before a commissioner for taking affidavits specified by the court or justice.

(3) A cross-examination of a deponent must occur before the hearing of the appeal or application for which the deponent’s affidavit was filed. Adjourning an appeal 45

(1) A party must notify the registrar without delay if, after a h earing date has been set for an appeal or application, (

a) the party wishes to adjourn the appeal, or (

b) all the parties agree that the appeal should be adjourned.

(2) A party who wishes to adjourn an appeal during the 3 weeks before the appeal hearing date must submit a written request for the adjournment to the registrar. Abandoning an appeal or application for leave to appeal 46 If an appeal or application for leave to appeal is abandoned, because of settlement or for any other reason, the appellant must, without delay, file and serve a notice of settlement or abandonment in Form 6. Division 2 – Case Management Case management 47

(1) A party may request that an appeal be referred to case management by (

a) submitting a written request to the registrar, and (

b) serving on each party a copy of the written request.

(2) A justice or the registrar may, on request of a party or on the justice’s or registrar’s own initiative, do one or both of the following:

page 21 of 77 (

a) direct that the parties attend case management before a justice or the registrar, either (

i) in person, or (ii) by telephone, video conference or other means of telecommunication authorized by the chief justice; (

b) direct that case management be conducted in writing.

(3) A party must participate in case ma nagement as directed under subrule (2).

(4) Despite subrule (3), a party is not re quired to attend case management before a justice or the registrar if the party’s lawyer attends. Powers of a justice on case management 48

(1) During case management for an appeal , a justice may make orders or give directions, with or without a party ma king an application, for the purposes of managing the conduct of the appeal, including the following: (

a) simplifying or isolating issues on appeal; (

b) setting the time for the hearing of the appeal; (

c) setting a

schedule for the steps requ ired to bring the appeal to hearing; (

d) requiring that 2 or more appeals be heard together; (

e) permitting substitutional service; (

f) allowing a factum to in clude additional pages; (

g) requiring that monies be paid in and out of court; (

h) amending, in any manner, any documents filed in the court; (

i) granting permission to hear an appl ication on shorter notice than otherwise required under these rules; (

j) granting cross-examination on an affidavit; (

k) settling the contents of an app eal record, appeal book or transcript.

(2) During case management, a justice or the registrar may refer a matter to be heard by the court or a justice in chambers if the justice or registrar considers it to be in the interests of justice. Division 3 – Inactive Appeals Inactive appeal list 49

(1) The registrar must, in accordance with this Division, maintain a list of appeals that are inactive.

(2) If an appeal is on the inactive appeal list during a period, any application for leave to appeal that relates to the appeal is deemed to be on the inactive appeal list during that period.

(3) An appellant may not file any document in relation to an appeal or application for leave to appeal that is on the inactive appeal list unless the document relates to an application for leave to proceed with the appeal.

page 22 of 77 Managing inactive appeal list 50

(1) The registrar must place an appeal on the inactive appeal list if a notice of hearing of appeal is not filed in accordance with these rules by the date that is (

a) one year after the notice of a ppeal is filed for the appeal, or (b) 60 days after the appeal is ready for hearing.

(2) Other than a consent order or applica tion to reactivate the appeal, the registrar may not accept filings for an appeal that is on the inactive appeal list.

(3) The registrar must remove an appeal fr om the inactive appeal list if a justice grants leave to proceed with the appeal.

(4) The registrar must return an appeal to the inactive appeal list if either of the following occurs: (

a) a party fails to comply with the te rms or conditions imposed, or directions given, by a justice in an order granting leave to proceed under subrule (3); (

b) a notice of hearing of appeal is no t yet filed more than 180 days after a justice grants leave to proceed under subrule (3).

(5) If the registrar places an appeal on or returns an appeal to the inactive appeal list, the registrar must provide notice to each party to the appeal who has provided an address for service. Division 4 – Dismissal of Appeals as Abandoned Appeals that are dismissed as abandoned 51

(1) For the purposes of

section 23 [appeals or applications for leave to appeal dismissed as abandoned] of the Act, an appeal or application for leave to appeal is dismissed as abandoned if it remains on the inactive appeal list for 180 days.

(2) Unless a justice orders ot herwise, an appeal that is dismissed as abandoned under subrule (1) may not be reinstated.

PART 9 – A PPLICATIONS Division 1 – How to Bring and Respond to Applications Made to the Court, a Justice or the Registrar Applications made to the court, a justice or the registrar 52

(1) Subject to subrule (2), th is Division applies to ever y application made to the court, a justice or the registrar.

(2) This Division does not apply to the following applications: (

a) an application for leave to appeal under Rule 13 [how to apply for leave to appeal]; (

b) an application to be added as a respondent under Rule 18 [justice may add respondents to an appeal]; (

c) an application for a stay of proceedi ngs or stay of execution under Rule 20 [applying for a stay of proceedings or execution];

page 23 of 77 (

d) an application referred to in Division 2 of this Part; (

e) an application to the registra r to settle an order under Rule 68 [settling the form or content of orders]; (

f) an application for an order that no fees are payable under Rule 85 [order that no fees payable]. Application hearing date must be obtained 53 Before filing a notice of application or any other document for the purposes of commencing an application, a person who wishes to bring an application must obtain a hearing date for the application. Notice of application 54 A person who wishes to bring an applic ation must file and serve the following documents at least 5 business days before the application hearing date: (

a) a notice of application in Form 4; (

b) the person’s supporting affidavits, if any; (

c) the person’s writte n argument, if any. Responding to applications 55 A person who is served a notice of application may, for the purposes of responding to the application, file and serve the following documents at least 2 business days before the application hearing date: (

a) the person’s supporting affidavits, if any; (

b) the person’s writte n argument, if any. Registrar may set chambers application hearing date 56 The registrar may set the date, time and place for the hearing of a chambers application under these rules. Division 2 – Specific Requirements for Bringing and Responding to Certain Applications Urgent applications 57

(1) In this rule, “urgent application” means an application made under subrule (2) for permission to bring another application on shorter notice.

(2) In case of urgency, a person may apply for permission to bring an application on shorter notice than otherwise required under these rules by (

a) obtaining a hearing date for the application, and (

b) filing an urgent application in Form 7.

(3) On an urgent application, a justice or the registrar may do one or more of the following: (

a) order that an application be heard on shorter notice than otherwise required under these rules, including (

i) setting the date for hearing the application, and

page 24 of 77 (ii) setting the date by which documen ts in relation to the application must be filed and served; (

b) impose conditions or give directions related to the urgent application, including that notice be served on another party.

(4) If an order is made under subrule (3), the party who brought the urgent application must serve notice of the order on each party. Payment of security 58

(1) A party who wishes to apply for an order for payment into court of security under

section 34 [payment of security] of the Act must (

a) obtain a hearing date for the application, and (

b) file and serve the following documents at least 5 business days before the application hearing date: (

i) a notice of application in Form 4; (ii) an application book prepared in accordance with the completion instructions.

(2) A party who is served an application referred to in subrule (1) may, for the purposes of responding to the application, file and serve, at least 2 business days before the application hearing date, a response book prepared in accordance with the completion instructions. Adducing fresh or new evidence 59

(1) A party who wishes to apply for leave to adduce evidence that was not before the court appealed from must, at least 30 days before the appeal hearing date, file and serve the following documents: (

a) a notice of application in Form 4; (

b) a supporting affidavit that includes th e evidence that the party is seeking to adduce; (

c) the party’s other supporting affidavits, if any; (

d) the party’s written argument, if any, that sets out why the party should be permitted to adduce the evidence.

(2) A party who is served an application referred to in subrule (1) may, for the purposes of responding to the application, file and serve the following documents at least 7 business days before the application hearing date: (

a) the party’s supporting affidavits, if any; (

b) the party’s written argument, if any.

(3) Unless a justice or the registrar orders otherwise, an application brought under this rule must be heard at the time of the hearing of the appeal by the division of the court hearing the appeal.

(4) For certainty, a party’s factum under Rule 25 or 29 may refer to evidence that was not before the court appealed from even though an application under this rule about whether the evidence may be adduced has not yet been heard.

page 25 of 77 Quashing an appeal or raising a preliminary objection 60

(1) This rule applies to an application to do one or more of the following: (

a) strike part of a factum; (

b) raise a preliminary objection to an appeal; (

c) quash an appeal before it is heard.

(2) A party who wishes to apply to do anyt hing referred to in subrule (1) must, at least 7 business days before the appli cation hearing date, file and serve the following documents: (

a) a notice of application in Form 4; (

b) the party’s supporting affidavits, if any; (

c) the party’s written argument, if any.

(3) A party who is served an application referred to in subrule (2) may, for the purposes of responding to the application, file and serve the following documents at least 2 business days before the application hearing date: (

a) the party’s supporting affidavits, if any; (

b) the party’s written argument, if any.

(4) Unless a justice or the re gistrar orders otherwise, an application under this rule must be heard at the time of the hearing of the appeal. Intervener status 61

(1) A person, other than a party, interested in an appeal may apply to a justice for leave to intervene in the appeal.

(2) To apply for leave to intervene in an appeal, a person must do the following no later than 14 days after the appellant files the appellant’s factum: (

a) obtain a hearing date for the application; (

b) file and serve the following documents: (

i) a notice of application in Form 4; (ii) a memorandum of argument prepared in accordance with the completion instructions.

(3) In making an order granting leave to intervene, a justice (

a) must specify the date on which th e intervener’s factum is due, and (

b) may make any other order the justice considers appropriate to accommodate the intervener’s participation in an appeal, including (

i) limiting the issues on which the intervener may intervene, (ii) requiring the parties to serve do cuments on the intervener as if the intervener were a party, or (iii) requiring the intervener to pay additional costs incurred by any party as a result of the intervention.

(4) Unless a justice or ders otherwise, an intervener’s factum (

a) must be prepared in accordance wi th the completion instructions, and (

b) must not exceed 10 pages.

page 26 of 77

(5) An intervener may not present oral ar gument during the hearing of an appeal, unless a justice orders otherwise. Varying an order of a justice 62

(1) In addition to an order referred to in

section 29 (2) (a) [varying orders of a justice] of the Act, the following are prescr ibed under

section 29 of the Act as orders that may not be varied: (

a) an order or direction under Rule 48 (1 ) granting or refusing relief in a case management conference; (

b) an order for shorter notice in br inging an application than otherwise required under these rules; (

c) an order to expedite an appeal.

(2) A person who wishes to apply to have the court, under

section 29 of the Act, vary an order other than an order referred to in subrule (1) must do the following not more than 7 days after the order is made: (

a) obtain a hearing date for the application; (

b) file and serve a notice of application to vary an order of a justice in Form 8.

(3) A person who files a notice of application under subrule (2) must, not more than 14 days after filing the notice of ap plication, file and serve an application book prepared in accordance with the completion instructions.

(4) A person who wishes to respond to an application book filed under subrule (3) must file and serve, not more than 7 days after being served the application book, a response book prepared in accordance with the completion instructions.

(5) The date, time and place for the hearing of an application under this rule must be set by the registrar. Varying or cancelling an order of the registrar 63

(1) In this rule, “order” includes a certificate of costs issued by the registrar.

(2) A person who wishes to apply to have a justice, under

section 35 [varying orders of a justice or registrar] of the Act, vary or cancel an order or direction of the registrar must do the following not more than 7 days after the order was made or direction given: (

a) obtain a hearing date for the application; (

b) file and serve the following documents: (

i) a notice of application in Form 4; (ii) the person’s supporti ng affidavits, if any; (iii) the person’s written argument, if any.

(3) A person who is served a notice of app lication referred to in subrule (2) may, for the purposes of responding to the application, file and serve the following documents at least 2 business days before the application hearing date: (

a) the person’s supporting affidavits, if any; (

b) the person’s writte n argument, if any.

page 27 of 77 Division 3 – Application Hearings Attendance at application hearings 64

(1) In this Division, “party”, in relation to an application, means (

a) the person who brings the applicati on in accordance with these rules, and (

b) a person who is served the notice of application in relation to the application in accordance with these rules.

(2) Subject to subrule (2), th is Division applies to ever y application made to the court, a justice or the registrar.

(3) This Division does not apply to the following applications: (

a) an application to the registrar under Rule 68 to settle an order; (

b) an application for an order that no fees are payable under Rule 85.

(4) Each party to an application must attend the hearing of the application (

a) in person, or (

b) if permitted under Rule 42 [attendance through telecommunications] , by telephone, video conference or other means of telecommunication.

(5) Despite subrule (1), a party to an app lication is not required to attend the hearing of an application if the person’s lawyer attends. Adjourning applications before hearing date 65

(1) Before the hearing date of an application, (

a) the person bringing the application may seek to adjourn the hearing by filing a requisition in accordance with this rule, or (

b) with the consent of the person bringing the application, a person responding to the application may seek to adjourn the hearing by filing a requisition in accordance with this rule.

(2) A requisition referred to in subrule (1) must be (

a) completed in Form 9, and (

b) filed before 2 p.m. on the business da y before the application hearing date.

(3) Unless a justice or the registrar directs otherwise, an application stands adjourned if a requisition in respect of the a pplication is filed in accordance with subrules (1) and (2).

(4) For certainty, if an application doe s not stand adjourned under subrule (3), (

a) the parties to the application must at tend the hearing of the application, and (

b) a party to the application may reque st an adjournment at that hearing.

(5) If the hearing of an application is ad journed under this rule without setting a new application hearing date, the person bringing the a pplication may set a new application hearing date by filing and serving, at least 5 business days before the new application hearing date, a requisition in Form 9 setting out the new hearing date and time.

page 28 of 77

PART 10 – O RDERS General requirements for orders 66

(1) An order of the court or a justice must be (

a) drawn up in the form required under subrule (3), (

b) dated as of the date the order is pronounced, (

c) approved in writing by ea ch party or lawyer of record, unless the court, a justice or the registrar directs otherwise, and (

d) submitted to the court and entered after it is comple ted and approved in accordance with paragraphs (

a) to (

c) of this subrule.

(2) For the purpose of subrule (1) (a), an order may be drawn up by (

a) a party who attended the hearing, (

b) a lawyer who attended the hearing, or (

c) the registrar, if and as di rected by the court or a justice.

(3) An order must be in the following form: (

a) in the case of an order of a justice, Form 10; (

b) in the case of an order resulting from a decision made by 3 or more justices, Form 11; (

c) in the case of an order resulting from an application to vary an order of a justice, Form 12.

(4) The registrar must keep all entered orders, in acco rdance with any directions given by the chief justice. Consent orders 67

(1) A consent order must not be entered unl ess the consent of each party affected by the order is demonstrated by the party or the party’s lawyer (

a) orally before the court, a justice or the registrar, or (

b) in writing.

(2) A party seeking one of the following consen t orders must file a draft of the order in the following form: (

a) in the case of an order to extend th e time to file a document, Form 13; (

b) in the case of an order to remove fr om the inactive appeal list an appeal that has not already been removed from the inactive appeal list, Form 14; (

c) in the case of any other consent order, Form 15. Settling the form or content of orders 68

(1) If the parties to an appeal do not agree on the form or content of an order, the parties must apply to the registrar to settle the order.

(2) On application under subrule (1), the registrar may settle the form or content of an order, with or without a hearing an d whether or not all parties attend the application hearing.

page 29 of 77

(3) The registrar may refer a dr aft order to the division of the court or the justice who made the order.

PART 11 – C OSTS Division 1 – Assessment of Costs Assessment of ordinary costs 69

(1) In this rule, “unit” is a number representing an amount of time that would ordinarily be spent on a matter, as set out in the ordinary costs tariff.

(2) Ordinary costs payable to a party must be assessed in accordance with this rule, regardless of whether those costs are payable (

a) by another party, (

b) out of a fund of other parties, or (

c) out of a fund in which the party whose costs are being assessed has a common interest with other persons.

(3) On an assessment of ordi nary costs for a proceeding, the registrar must allow each unit in each item in the ordinary costs tariff that the registrar determines was proper or reasonably necessary to conduct the proceeding.

(4) For certainty, on an assessment of ordinary costs for a proceeding, the registrar must disallow any items in the ordinary costs tariff that were not proper or reasonably necessary to conduct the proceeding.

(5) If a maximum and minimum number of units are provided in an item in the ordinary costs tariff, the registrar may allow only a number of units in the item within that range.

(6) In making an allowance under subrule (5), the registrar must have regard to the following principles: (

a) the minimum number of units in a range is for matters on which little time should ordinarily be spent; (

b) the maximum number of units in a range is for matters on which a great deal of time should ordinarily be spent.

(7) The value for each unit allowed on an asse ssment of ordinary costs is as follows: (

a) in the case of scale A, $110; (

b) in the case of scale B, $170.

(8) Ordinary costs must be assessed unde r scale A, unless a justice orders that ordinary costs be assessed under scale B.

(9) In fixing the scale of ordinary costs, a justice (

a) must consider the following principles: (

i) scale A is for matters of ordinary complexity; (ii) scale B is for matters of unusual complexity or importance, and (

b) may consider the following:

page 30 of 77 (

i) whether a difficult issue of law, fact or construction is involved; (ii) whether an issue is of importanc e to a class or body of persons, or is of general interest. Assessment of increased costs 70

(1) At any time before the costs for an appeal are assessed, a justice may order costs to be assessed as increase d costs if the justice determ ines that assessment under the ordinary cost tariff would create an unjust result.

(2) If costs are ordered to be assessed as increased costs, the registrar must (

a) fix the fees that would have been a llowed if an order for special costs had been made under Rule 71 (1), and (

b) allow as costs (

i) half of those fees, or (ii) a different proportion of those fees, as ordered by the court or a justice. Assessment of special costs 71

(1) A justice may order that costs be assessed as special costs.

(2) If costs for a proceeding are ordered to be assessed as special costs, the registrar must allow each fee that the registrar determines was proper or reasonably necessary to conduct the proceeding.

(3) In making a determination under subrule (2), the registrar must consider all of the circumstances, including the following: (

a) the complexity of the proceeding; (

b) the difficulty or novelty of the matters involved; (

c) the amount involved in the proceeding; (

d) the time reasonably spent in conducting the proceeding; (

e) the importance of the proceeding, or of the result obtained, to the party whose costs are being assessed; (

f) the benefit, to the party whose cost s are being assessed, of the services rendered by the party’s lawyer; (

g) the skill, specialized knowledge and re sponsibility required of the lawyer of the party whose costs are being assessed; (

h) any party’s conduct that tended to shorten or unnecessa rily lengthen the duration of the proceeding.

(4) A party may render a bill for special costs as a lump sum.

(5) A bill for special costs rendered as a lump sum must include the following information in sufficient detail for a lawyer to advise a client about the reasonableness of the charges made: (

a) a description of the natu re of the services rendered; (

b) a description of the matters involved.

page 31 of 77

(6) A party to an assessment of a bill for special costs, or a review of a lump sum bill for special costs, may submit as evidence an opinion of a lawyer respecting (

a) the nature and importance of the services rendered, (

b) the matters involved, and (

c) the reasonableness of the charges made.

(7) A party must not submit the opinions of more than 2 lawyers under subrule (6).

(8) The registrar may require a lawyer gi ving an opinion under subrule (6) to attend an assessment for examination or cross-examination. Assessment of fees, disbursements and expenses 72

(1) In addition to the costs assessed for a proceeding, the registrar must allow a reasonable amount for disbursements and expenses that were necessary or properly incurred in the conduct of the proceeding.

(2) If tax is payable by a party in respect of legal services, the tax must be included in the total of any assessed fees or disbursements. Costs for preparation for activities that do not take place 73 The registrar may allow units set out in th e ordinary costs tariff, up to the maximum number allowable, for the following: (

a) preparation of documents that are not ultimately used in a proceeding; (

b) preparation for an application, conference or hearing that does not ultimately take place or is adjourned. Costs owing between multiple parties 74

(1) If a party is entitled to receive costs from and liable to pay costs to another party, the registrar may do one or more of the following: (

a) assess the costs each party is liable to pay; (

b) adjust the costs by way of reduction or set-off; (

c) delay the allowance of the costs that a party is entitled to receive until the party has paid or tendered the costs that the party is liable to pay.

(2) If the costs claimed by a party against a second party should be paid by a third party, the registrar may do one or more of the following: (

a) order that payment be made to the first party directly by the third party; (

b) order the second party to pay the costs to the first party and allow the second party to claim that payment as a disbursement against the third party; (

c) make any other order the registrar considers appropriate to reapportion costs between the parties. Combining costs of multiple appeals 75

(1) The registrar may take action under subrule (2) if (a) 2 or more appeals have, by order, been heard at the same time or one after another, and (

b) no order has been made to apportion costs of the appeals.

page 32 of 77

(2) In the circumstances referred to in s ubrule (1), the registrar may do one or more of the following in relation to the appeals: (

a) assess 2 or more bills of co sts as a single bill of costs; (

b) allow an item in a bill of costs more than once; (

c) apportion the costs of an item in a bill of costs, or the entire bill of costs, between the appeals. Division 2 – Offers to Settle Costs Offers to settle costs 76

(1) Before the registrar makes an assessment of costs, a party may serve on another party, in Form 16, an offer to settle the amount of a bill of costs.

(2) At the conclusion of a hearing on the asse ssment of costs, a party may submit to the registrar an offer to settle that was served under subrule (1).

(3) The registrar may do one or more of th e following if the registrar determines that an offer to settle should have been accepted: (

a) if the offer to settle was made by the party whose costs were assessed, allow twice the value of an item in the ordinary costs tariff, or of a fee, that relates to the assessment; (

b) if the offer to settle was rejected by the party whose costs were assessed, (

i) disallow to that party an item in the ordinary costs tariff, or a disbursement, that relates to the assessment, or (ii) allow by way of set-off, to the pa rty who made the offer to settle, an item in the ordinary costs tariff, or a disbursement, that relates to the assessment; (

c) fix an amount of costs that the regi strar considers reasonable in the circum- stances. Division 3 – Certificates of Costs Certificates of costs 77 For the purposes of

section 46 (2) [powers of registrar in relation to costs] of the Act, the registrar must issue a certificate of costs in Form 17 (

a) on the conclusion of an assessment of costs, or (

b) if the party liable to pay costs ha s consented to the assessed amount. Division 4 – Costs Orders Against Lawyers Costs orders against lawyers 78

(1) If a justice determines that a party’s la wyer caused costs to be incurred without reasonable cause or to be wasted through de lay, neglect or some other fault, the justice may do one or more of the following: (

a) disallow any fees and disbursement s between the lawyer and the party;

page 33 of 77 (

b) if fees or disbursements have been pa id by the party to the lawyer, order the lawyer to repay all or part of them to the party; (

c) order the lawyer to indemnify the part y for all or part of any costs that the party has been ordered to pay to another party; (

d) make any other order that th e justice considers appropriate.

(2) If a justice makes an order under subrule (1), the justice may (

a) direct the registrar to conduct an inquiry and file a report with recommendations as to the amount of costs, or (

b) fix the costs, with or without re ference to the ordinary costs tariff.

(3) A justice may not make an order under this rule against a lawyer unless the lawyer is present or has been given notice.

(4) A lawyer against whom an order has been made under this rule must promptly deliver a copy of the order to the party represented by the lawyer, whether or not the lawyer continues to represent the party.

PART 12 – G ENERAL Division 1 – Court Documents Required form of documents 79

(1) In this rule, “court form” means a document that is required under these rules to be filed using a specified form.

(2) All documents filed in a court registry, or otherwise submitted to the court, must be (

a) in English, and (

b) if the document is in paper form, le gibly printed or typewritten on durable white paper having dimensions of 21.5 cm by 28 cm.

(3) A court form must be (

a) prepared and filed using the specif ied form set out in

Schedule 3, with variations as the circumstances or the proceedings require, and (

b) completed in accordance with any instructions included on the court form.

(4) Unless otherwise provided in another en actment, these rules or a court form, (

a) handwritten signatures are not required on documents filed in a court registry, or otherwise submitted to the court, and (

b) documents submitted for filing mu st contain the name of the person authorizing the filing of the document.

(5) The registrar may refuse to accept a document for filing if the document does not comply with these rules.

(6) A document that is received for fili ng electronically may be treated by the registrar for all purposes as an original document.

page 34 of 77 Parties must have address for service 80

(1) Each party must have at least one addres s for service that is one of the following: (

a) the office address in British Columb ia of the party’s lawyer of record; (

b) a residential address or business addr ess in British Columbia, other than a post office box; (

c) if permitted by a justice or the regist rar, a residential address or business address outside of British Columbia, other than a post office box; (

d) an email address.

(2) A party must include the party’s address for service on the following that is filed on behalf of the party: (

a) a notice of appeal; (

b) a form under these rules that requires the address for service be included.

(3) A party who wishes to apply for pe rmission under subrule (1) (

c) to use a residential address or busi ness address for service out side of British Columbia must submit a written request to the registrar. Party may show service ineffective 81

(1) This rule applies to the following applications: (

a) an application to set aside the consequences of default; (

b) an application for an extension of time; (

c) an application in support of a request for an adjournment.

(2) Even though a document has been served in accordance with Rule 4, a person may show, on an application referred to in subrule (1), that (

a) the document did not come to the person’s notice, (

b) the document did come to the pers on’s notice, but later than when it was served or effectively served, or (

c) the document was incomplete or illegible. Amending filed documents 82

(1) Subject to subrules (2), (3) and (4), a document that has been filed with the court may be amended by a person only with the permission of the court or a justice.

(2) An appellant may file and serve an am ended notice of appeal without permission of the court or a justice as follows: (

a) an appellant who is not required to apply for leave to appeal may amend a notice of appeal before filing the appellant’s factum; (

b) an appellant who is required to apply for leave to appeal may amend a notice of appeal before filing, as applicable, (

i) the related application book for leave to appeal, or (ii) the related application book for leave to appeal and stay.

(3) A respondent may file and serve an amended notice of cross appeal without permission of the court or a justice as follows:

page 35 of 77 (

a) a respondent who is not required to apply for leave to appeal may amend a notice of cross appeal before filing the respondent’s cros s appeal factum; (

b) a respondent who is required to apply for leave to appeal may amend a notice of cross appeal before filing, as applicable, (

i) the related application book for leave to appeal, or (ii) the related application book for leave to appeal and stay.

(4) A party may, at least 4 weeks before the appeal hearing date, file and serve an amended factum without permission of the court or a justice if (

a) the party changes lawyers, or discha rges a lawyer in order to act on the party’s own behalf, and all the parties consent to the amended factum being filed, or (

b) the registrar permits the amended factum to be filed. Registry hours and deemed filing 83

(1) Unless the registrar directs otherwise, e ach court registry must be kept open to the public between 9 a.m and 4 p.m.on ea ch day other than a Saturday or a holiday.

(2) The registrar must provide reasonable no tice to the public of a direction referred to in subrule (1).

(3) A document submitted for filing to a c ourt registry and accepted for filing by the registrar is deemed to be filed as follows: (

a) if the document is submitted at or before 4 p.m. on a business day, the document is deemed to be filed on that day; (

b) if the document is submitted at either of the following times, the document is deemed to be filed on the next business day: (

i) after 4 p.m. on a business day; (ii) any time on a day other than a business day.

(4) A document transmitted for filing electr onically is deemed to be submitted when it is transmitted. Division 2 – Court Fees Payment of court fees 84

(1) In this rule, “table of fees” means (

a) the table of fees in Division 1 of

Schedule 2, or (

b) if an amended table of fees is publ ished by the Registrar of Regulations under Division 2 of

Schedule 2, the most recently published amended table.

(2) For any matter described in column 1 of the table of fees, the fee set out opposite in column 2 must be paid to the government.

(3) The fees in the table of fees must be recalculated at the frequency set out in, and in accordance with, Division 2 of

Schedule 2.

page 36 of 77 Order that no fees payable 85

(1) A person may apply for an order that no fees are payable under Rule 84 by filing a Form 22, which is to be considered an application if a hearing date is set under subrule (2).

(2) If the registrar determines that a heari ng is required, the registrar may set a date for the hearing of the application.

(3) The hearing of an application under this rule is to proceed without notice.

(4) At the hearing of an application under th is rule, a justice may order that no fees are payable if the justice finds that (

a) the appeal is not (

i) bound to fail, (ii) scandalous, frivolous or vexatious, or (iii) an abuse of the process of the court, and (

b) the person’s payment of court fees under Rule 84 would cause undue hardship.

(5) A finding under subrule (4) (

a) does not bind a justice in any other applications on the appeal.

(6) For the purposes of this rule, the re gistrar may identify financial circumstances in which the payment of court fees under Rule 84 would cause undue hardship. Division 3 – Appointing and Changing Lawyers Party appointing or changing lawyer 86

(1) A person who is not repr esented by a lawyer in an appeal may appoint a lawyer to act for the person by filing a notice of change of representation or change of address for service in Form 18.

(2) A person who is represented by a lawy er in an appeal may do either of the following by filing a notice of change of representation or change of address for service in Form 18: (

a) change to a different lawyer; (

b) discharge the lawyer and act on the person’s own behalf. Lawyer withdrawals 87

(1) A lawyer who ceases to act for a pers on may withdraw from an appeal by filing and serving a notice of withdrawal of lawyer in Form 19.

(2) A person who is served notice under subrule (1) may object to the withdrawal by filing and serving an objection in Form 20 not more than 7 days after being served.

(3) If an objection is filed under subrule (2), the lawyer who filed the notice may apply to a justice for a declaration that the lawyer has ceased to be lawyer of record for the person to whom the notice relates.

page 37 of 77

(4) An application referred to in subrule (3 ) must be served on the person who filed the objection under subrule (2). When a lawyer is the lawyer of record 88

(1) A lawyer appointed by a person’s notice of change of representation or change of address for service filed under Rule 86 is the person’s lawyer of record.

(2) A lawyer ceases to be a person’s lawy er of record when any of the following occurs: (

a) the person files a notice under Rule 86 (2) for the purposes of changing lawyers or discharging the lawyer; (

b) the lawyer files and serves a notice under Rule 87 (1) and no objection is made under Rule 87 (2); (

c) the court declares that the lawyer has ceased to be the person’s lawyer of record.

(3) A person may serve documents on a lawyer as another person’s lawyer of record until that lawyer ceases to be the other person’s lawyer of record under subrule (2). Division 4 – Practice Directives Practice directives 89 The court may issue practice directives to regulate and control its procedure.

PART 13 – T RANSITION

Definitions 90 In this Part: “effective date” means the date that this rule comes into force; “former rules” means the Court of Appeal Rules, B.C. Reg. 297/2001, as they read immediately before the effective date; “pre-existing appeal” means either of the following: (

a) an appeal that was commenced before the effective date; (

b) an appeal that relates to a pre-ex isting application for leave to appeal; “pre-existing application for leave to appeal” means an application for leave to appeal that was commenced before the effective date; “pre-existing cross appeal” means a cross appeal that was commenced before the effective date. Application of rules to pre-existing appeals and applications for leave to appeal 91

(1) Except as otherwise provided in this Part, these rules apply to (

a) a pre-existing appeal, or (

b) a pre-existing application for leave to appeal.

page 38 of 77

(2) The following rules do not apply to a pre-existing appeal or pre-existing application for leave to appeal: (

a) Rule 11 (a) (

i) and (

x) and (b) (

i) and (v) [limited appeal orders]; (

b) Rule 29 (5) [factums on cross appeal]; (

c) Rule 69 [assessment of ordinary costs]. Bringing cross appeals in relation to pre-existing applications for leave to appeal 92 A respondent who has been served a pre-existing application for leave to appeal may bring a cross appeal by complying with Ru le 8 and, for that purpose, a reference in Rule 8 to “notice of appeal” must be read as though it were a reference to “pre-existing application for leave to appeal”. Ordinary costs in relation to pre-existing appeals 93 Ordinary costs in relation to a pre-existing appeal must be assessed in accordance with Appendix B of the former rules.

Page limits for cross appeal factums and replies 94 Documents filed under Rule 29 [factums on cross appeal] in relation to a pre-existing cross appeal must be prepared in accordance with the completion instructions and as follows: (

a) a respondent’s cross appeal fa ctum must not exceed 40 pages; (

b) an appellant’s cross appeal respons e factum must not exceed 30 pages; (

c) an appellant’s reply must not exceed 5 pages; (

d) a respondent’s cross appeal reply must not exceed 5 pages.

page 39 of 77

SCHEDULE 1 ORDINARY COSTS TARIFF

SCHEDULE 2 COURT FEES Division 1 – Fee Table Item Column 1 Description Column 2 Units 1 Advising appellant or respondent on bringing appeal, application for leave to appeal or cross appeal Minimum 5 Maximum 20 2 Preparation of appeal record 2 3 Preparation of appeal book(s), one of the following: (a) 1 – 5 volumes; 5 (b) 6 – 10 volumes; 7 (c) 11 or more volumes 10 4 Preparation of application book including written argument 5 5 Preparation of factum Minimum 10 Maximum 50 6 Preparation of written argument if specifically ordered by the court or a justice or directed by the registrar 5 7 Preparation of any application be fore the court, a justice or the registrar, except where otherwise provided 5 8 Attendance at any application before the court, a justice or registrar, except where otherwise provided 5 9 Preparation for hearing of a ppeal, per half day Minimum 10 Maximum 30 10 Attendance at hearing of appeal, per half day 10 11 Preparation of bill of costs, ex cept if settled by the registrar 2 12 Preparation and entry of each order, including each application to settle an order before the registrar 2 Item Column 1 Description Column 2 Fee ($) 1 For filing a notice of appeal 200 2 For filing an application to be heard by a justice excluding an application for leave to appeal, but including an application to review the decision of a justice denying an application for an order that no fees are payable 80 3 For filing an application to be heard by 3 or more justices if the application is not returnable to the hearing of the appeal, including an application to review the decision of a justice denying an application for an order that no fees are payable 80 4 For filing a notice of hearing of appeal 200

page 40 of 77 5 For each half day spent in whole or in part on the hearing of an appeal, excluding the first half day, unless the hearing is for judgment only, payable by the party who files the notice of hearing, unless the court orders payment by another party 250 6 For filing any application for a hearing before a registrar 80 7 For taking or swearing an affida vit for use in the court unless (

a) the deponent swears the affidavit in the course of the deponent’s duties as a peace officer or as an agent or officer of the Province, (

b) the affidavit is sworn fo r the purpose of enforcing a maintenance or support order, or (

c) provision is made elsewher e for a fee for that service 40 8 For a search of a record, other than (

a) an electronic search conducted from outside the registry, or (

b) a search of a record of a proceeding by (

i) a party to that proceeding, (ii) a party’s lawyer, or (iii) an official reporter who, or a representative of a transcription firm that, is retained by a party to produce a transcript of the proceeding 8 9 For returning by mail, fax or email th e results of a search of a record 10 10 For accessing from outside the regist ry, including, without limitation, viewing, printing or downloading, any record that is found by or created in response to an electronic search or request, including, without limitation, an index of cases produced in response to a search query 6 11 For accessing any document referred to in item 10 and purchasing that document 10 12 For copies, per page 1 13 For (

a) a certified copy of a document or record, (

b) issuing a certificate of judgment, or (

c) issuing a certificate of pendin g litigation or other certificate not otherwise provided for 40 14 For returning by mail or by fax a c onfirmation of filing or rejection of a document submitted by fax to a registry. 10 Item Column 1 Description Column 2 Fee ($)

page 41 of 77 Division 2 – Fee Table Recalculations Recalculating court fees 1

(1) In this Schedule: “base CPI” means the number recorded as the “All-items Index” for British Columbia in the publication prepared for April 2010 under the Statistics Act by the director; “base fee”, in relation to an item in the tabl e of fees, means the amount set out in column 2 of the item; “current CPI” , in relation to any year in wh ich fees are recalculated under subsection (2), means the number recorded as the “All-items Index” for British Columbia for April of that year in th e publication prepared for that year under the Statistics Act by the director; “director” has the same meaning as in the Statistics Act; “table of fees” means the table in Division 1 of this Schedule.

(2) In 2022, and in every second year after 2022, the chief administrator of court services must recalculate, or cause to be recalculated, each fee in column 2 of each item in the table of fees as follows: (

a) first, a preliminary fee for each item must be determined in accordance with the following formula: (

b) then, a recalculated fee for each it em must be determined in accordance with the following: (

i) if the base fee for the item is $10 or less, the recalculated fee for the item is the preliminary fee for the item rounded to the nearest $1; (ii) if the base fee for the item is more than $10 and less than $100, the recalculated fee for the item is the preliminary fee for the item rounded to the nearest $5; (iii) if the base fee for the item is $1 00 or more, the recalculated fee for the item is the preliminary fee for the item rounded to the nearest $10.

(3) If the amount of a recalculated fee for an item under subsection (2) (

b) is different from the fee for the item in the table of fees, (

a) the minister may notify the Regist rar of Regulations of the different amount, and (

b) the Registrar of Regulations may (

i) amend the table of fees to substitute the different amount, and (ii) publish the amended table in

Part II of the British Columbia Gazette.

(4) An amendment to the table of fees made under subsection (3) comes into effect 7 days after the amended table is published under that subsection. preliminary fee base fee current CPI base CPI----------------------------- =

page 42 of 77

SCHEDULE 3 COURT FORMS COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ COURT OF APPEAL FOR BRITISH COLUMBIA FORM 1 NOTICE OF APPEAL (RULE 6(1) ) Supreme Court Registry Location The file number can be found on the upper right corner of the Supreme Court documents Respondent(

s) List the other party(ies) in the Supreme Court or tribunal order you are appealing who are affected by the appeal. Identify their roles in the proceeding below in brackets. E.g., Jane Doe (defendant). To the respondent(

s) A court proceeding has been commenced against you in the Court of Appeal. See the final page of this form for details on how to respond. Supreme Court File No. Court of Appeal File No. (For Registry Use Only) 1. PARTIES TO THE APPEAL Appellant(

s) List the party(ies) appealing the Supreme Court or tribunal order. Identify their roles in the proceeding below in brackets. E.g., Jane Doe (plaintiff, petitioner, etc.) [STAMP]

page 43 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ 2. THE ORDER YOU ARE APPEALING ܆ Yes ܆ No ܆ Supreme Court ܆ Tribunal ܆ Trial Judgment ܆ Order of a Tribunal ܆

Summary Trial Judgment ܆ Chambers Judgment Who made the order? Name the justice or other decision maker who pronounced the order you are appealing. What court and/or tribunal pronounced the order(s)? Date the order was pronounced Include the day, month and year that the order being appealed was pronounced (not the date the order was entered). Name of tribunal City where the order was pronounced Length of lower court hearing Indicate in days or hours the length of the hearing that led to the order you are appealing from.

For example, if you are appealing a judgment from a trial that took two hours, enter “two hours.” What type of proceeding are you appealing from? Check only one. Is leave to appeal required? Court of Appeal Rule 12 explains when you need leave to appeal. If you are unsure, check “Yes.” DD/MM/YYYY

page 44 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ 3. RELIEF SOUGHT PART A: LEAVE NOT REQUIRED PART B: SEEKING LEAVE TO APPEAL 4. ADDITIONAL INFORMATION ܆ Yes ܆ No Date ܆ Yes ܆ No Date If leave to appeal is not required, fill out Part A. If you are seeking leave to appeal, fill out Part B. Sealing order Is there an order sealing any part of the trial court or tribunal file? If yes, add date(s). DD/MM/YYYY Anonymity order/publication ban Are there orders that protect the identity of a party or parties? If yes, add date(s). Order(

s) you are seeking on appeal Briefly list the order(

s) you will ask this Court to make on appeal. For example: “Set aside the trial judgment and order a new trial.” Part of the order being appealed If you are only seeking leave to appeal one part of an order, enter the part that you are seeking leave to appeal. Grounds for leave to appeal Be as specific as possible. For example, if you believe the trial judge used an incorrect legal test or otherwise misapplied the law, indicate that here. Part of the order being appealed If you only want to appeal one part of an order, enter the part that is being appealed. DD/MM/YYYY ) ) ) )

page 45 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ ܆ Constitutional/Administrative܆ Civil Procedure ܆ Commercial ܆ Motor Vehicle Accidents ܆ Municipal Law ܆ Real Property ܆ Torts ܆ Equity ܆ Wills and Estates ܆ Divorce Act (Canada) ܆ Family Law Act ܆ Other ܆ Yes ܆ No 5. SERVICE ܆ Yes ܆ No Areas of law raised in the appeal You may check more than one box if appropriate. For example, you should check “motor vehicle accidents” and “torts” for a personal injury claim involving a motor vehicle accident. Appeals involving children Does this appeal involve the rights or interests of a child? E.g., parenting order. Are you representing yourself? Name(

s) and address(es) within BC for service of appellant(

s) If you have a lawyer, include the law firm’s address; otherwise provide your own residential address. Email address(es) for service of the appellant(

s) If you provide an email address, you consent to have documents served on you by email. Date form completed Name of lawyer or party authorizing filing of this form Phone number(

s) of appellant(

s) DD/MM/YYYY

page 46 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ To the appellant(s): You must file and serve this form on each respondent named in this document within the timelines required by the Court of Appeal Act and Court of Appeal Rules. You must file a Notice of Hearing not more than one year after filing this Form 1 or your appeal will be placed on the inactive list (Rule 50(1)(a)). To the respondent(

s) If you intend to participate in this proceeding, you must give notice of your intention by doing the following not more than 10 days after receiving this Notice of Appeal: (1) file a “Notice of Appearance” (Form 2 of the Court of Appeal Rules) in a Court of Appeal registry and; (2) serve the Notice of Appearance on the appellant. If you fail to file and serve a Notice of Appearance: (

a) You are presumed to take no position on the appeal, or the application for leave to appeal (if leave is required). (

b) The parties are not obliged to serve you with any further documents related to the appeal, including an order granting leave to appeal (if leave is required). You are presumed to take no position if you fail to file and serve a Notice of Appearance within the time described above. The filing registries for the British Columbia Court of Appeal are as follows. Central Registry: B.C. Court of Appeal Suite 400, 800 Hornby St. Vancouver BC V6Z 2C5 Other Registries: B.C. Court of Appeal The Law Courts P.O. Box 9248 STN PROV GOVT 850 Burdett Ave. Victoria BC V8W 1B4 B.C. Court of Appeal 223 - 455 Columbia St. Kamloops BC V2C 6K4 Inquiries should be addressed to (604) 660-2468.

page 47 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ COURT OF APPEAL FOR BRITISH COLUMBIA FORM 2 NOTICE OF APPEARANCE (RULES 7(1), 8(a), 10(1) ) Court of Appeal File No. v. The file number can be found on the upper right corner of the Notice of Appeal. Name of the first appellant named on Form 1: Notice of Appeal. Name of the first respondent named on Form 1: Notice of Appeal. Email address(es) for service of party(ies) If you provide an email address, you consent to have documents served on you by email. Date form completed Name of lawyer or party authorizing filing of this form Name(

s) of party(ies) filing the notice of appearance Phone number(

s) of party(ies) filing the notice of appearance Name(

s) and address(es) within BC for service of party(ies). If you have a lawyer, include the law firm’s address; otherwise provide another address for service. DD/MM/YYYY To the party completing this form: The other parties to this appeal are entitled to rely on the address for service you have provided on this Notice of Appearance unless you change your address for service by filing and serving a Change of Address for Service in Form 18. [STAMP)

page 48 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ COURT OF APPEAL FOR BRITISH COLUMBIA FORM 3 NOTICE OF CROSS APPEAL (RULE 9(a) ) Court of Appeal File No. PARTIES TO THE APPEAL ܆ Yes ܆ No The filenumber can be found on the upper right corner of the Notice of Appeal. Is leave to cross appeal required? Court of Appeal Rule 12 explains when you need leave to cross appeal. If you are unsure, check “Yes.” To the appellant(

s) and any respondent(

s) not cross appealing the order under appeal: A court proceeding has been commenced against you in the Court of Appeal. See the final page of this form for details on how to respond. 1. THE ORDER IN THE APPEAL YOU ARE CROSS APPEALING Appellant(

s) List the name(

s) of the appellant(

s) named on Form 1: Notice of Appeal. Respondent(

s) List the name(

s) of the respondent(

s) named on Form 1: Notice of Appeal. Name(

s) of party(ies) who wish(es) to cross appeal the order under appeal [STAMP]

page 49 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ If leave to cross appeal is not required, fill out Part A. If you are seeking leave to cross appeal, fill out Part B. PART A: LEAVE NOT REQUIRED PART B: SEEKING LEAVE TO APPEAL Who made the order? Name the justice or other decision maker who pronounced the order in the appeal you are cross appealing. Date the order was pronounced Include the day, month and year that the order in the appeal you are cross appealing was pronounced. DD/MM/YYYY 2. RELIEF SOUGHT Order(

s) you are seeking on cross appeal Briefly list the order(

s) you will ask this court to make on cross appeal. For example: “Set aside the trial judgment and order a new trial.” Include any order as to costs. Part of the order being cross appealed If you only want to cross appeal one part of an order, enter the part that is being cross appealed. If leave to cross appeal is not required, fill out Part A. If you are seeking leave to cross appeal, fill out Part B. Part of the order being cross appealed If you are only seeking leave to cross appeal one part of an order, enter the part that you are seeking leave to cross appeal.

Grounds for leave to cross appeal Be as specific as possible. For example, if you believe the trial judge used an incorrect legal test or otherwise misapplied the law, indicate that here. ) >--------------7)

page 50 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ ܆Yes /g1407 No Are you representing yourself? Date form completed Name of lawyer or party authorizing filing of this form 3. SERVICE Name(

s) and address(es) within BC for service of party(ies) filing cross appeal If you have a lawyer, include the law firm’s address. Otherwise provide your own residential address. Phone number(

s) of party(ies) filing cross appeal Email address(es) for service of party(ies) filing cross appeal If you provide an email address, you consent to have documents served on you by email. If you intend to participate in this cross appeal and you have not already filed a Notice of A ppearance in this matter in a Court of Appeal registry, you must give notice of your intentio n to participate by filing a form entitled “Notice of Appearance” (Form 2 of the Court of Appeal Rules) in a Court of Appeal registry and serve the Notice of Appearance on the other parties to the appeal and cross appeal not more than 10 days after receiving this Notice of Cross Appeal. DD/MM/YYYY

page 51 of 77 COURTOFAPPEALFORBRITISHCOLUMBIA www.bccourts.ca/Court_of_Appeal/ COURTOFAPPEALFORBRITISHCOLUMBIA FORM4NOTICEOFAPPLICATION(RULES13(a),20(3)and(4), 54(a),58(1),59(1),60(2),61(2),63(2)) CourtofAppealFileNo. PARTIESTOTHEAPPEAL ܆TheCourt(3Justices) ܆AChambersJustice ܆TheRegistrar Thefilenumbercanbefoundontheupper rightcorneroftheNoticeofAppeal. Thisapplicationisinthe jurisdictionof: Appellant(s) Listthename(s)ofthe appellant(s)namedon Form1:NoticeofAppeal. Respondent(s) Listthename(s)ofthe respondent(s)namedon Form1:NoticeofAppeal. Totheperson(s)filingtheapplication(theapplicant): Ifyourapplicationisbeforeachambersjustice,checktheavailablechambersdatesonthecourtwebsiteandthetimelinesforbringing yourapplicationundertherules. Ifyourapplicationisbeforethecourtortheregistrar,contacttheappropriateschedulerbeforecompletingthisform. Communicatewiththeotherperson(s)toensuretheyareavailableontherequesteddate.Chambersapplicationsaretobenomorethan 30minutes. [STAMP]

page 52 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ ܆Yes ܆No Date the application will be heard Name(

s) of person(

s) bringing the application Name(

s) of responding person(

s) to be served with the application Enter the section(

s) or rule(

s) that you are relying on for your application E.g., If you are applying for leave to appeal, enter “Section 31 of the Court of Appeal Act.” If you are applying for a stay of proceedings, enter “Section 33 of the Court of Appeal Act.” Enter the order(

s) that you are seeking E.g., “stay of proceedings” or “extension of time to file an appeal book” and any request with respect to costs. If you are seeking leave to appeal, enter “leave to appeal the order of_________.” Location where the application will be heard Enter the address of the courthouse. DD/MM/YYYY Is an application book required? See Rule 13 for leave applications and Division 2 of

Part 9 of the Rules for other applications. Chambers applications begin at 9:30 a.m.

page 53 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ տ Contested տ Uncontested If you are not required to file an application book, list the affidavit(

s) in support of this application Enter the name of each person whose affidavit is being filed and the date each affidavit was sworn. The applicant anticipates that this application will be… Check only one. Date form completed Name of lawyer or applicant authorizing filing of this form DD/MM/YYYY Email address(es) for service of applicant(

s) If you provide an email address, you consent to have documents served on you by email.

page 54 of 77 COURTOFAPPEALFORBRITISHCOLUMBIA www.bccourts.ca/Court_of_Appeal/ COURTOFAPPEALFORBRITISHCOLUMBIA FORM5NOTICEOFHEARINGOFAPPEAL(RULES33(2),34(2)) CourtofAppealFileNo. v. Thefilenumbercanbefoundontheupper rightcorneroftheNoticeofAppeal. Nameofthefirstappellantnamed onForm1:NoticeofAppeal. Nameofthefirstrespondentnamed onForm1:NoticeofAppeal. Totheparty(ies)filingtheNoticeofHearingofAppeal: Youarerequiredtoattachacopyoftheordersunderappealtothisform.Thecourtwillreviewanyappealsetforonedayorlongerand mayadjustthelength. Dateformcompleted Nameoflawyerorparty authorizingfilingofthisform DD/MM/YYYY Addressofthecourthouse wheretheappealwillbeheard Datetheappealwillbeheard DD/MM/YYYY timetobeconfirmedbycourtscheduler Estimatedlengthofappealindays Thedefaultlengthforanappeal ishalfaday. Appellant’sestimate Respondent’sestimate IagreetopayallhearingfeespayableunderItem5ofDivision1ofSchedule2–CourtFees. [STAMP]

page 55 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ COURT OF APPEAL FOR BRITISH COLUMBIA FORM 6 NOTICE OF SETTLEMENT OR ABANDONMENT (RULE 46) Court of Appeal File No. v. տ Appeal or տ Cross Appeal The file number can be found on the upper right corner of the Notice of Appeal. Name of the first appellant named on Form 1: Notice of Appeal. Name of the first respondent named on Form 1: Notice of Appeal. To the appellant(s): A party who abandons an appeal may be liable for the costs associated with the appeal. This party is abandoning an… Which party(ies) are you abandoning against?

Who made the order? Name the justice or other decision maker who pronounced the order you are abandoning. Name(

s) of party(ies) wishing to abandon an appeal or cross appeal I I (STAMP] I.____ _ ____.I l._____~I

page 56 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ Date form completed Name of lawyer or party authorizing filing of this form DD/MM/YYYY Date the order under appeal was pronounced Not the date the order was entered. Date initiating document in the appeal or cross appeal you are abandoning was filed Notice of Appeal: Form 1 or Notice of Cross Appeal: Form 3. DD/MM/YYYY DD/MM/YYYY

page 57 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ COURT OF APPEAL FOR BRITISH COLUMBIA FORM 7 NOTICE OF URGENT APPLICATION (RULE 57(2) ) Court of Appeal File No. v. The file number can be found on the upper right corner of the Notice of Appeal. Name of the first appellant named on Form 1: Notice of Appeal. Name of the first respondent named on Form 1: Notice of Appeal. Date the application will be heard Time application will be heard Name of person(

s) bringing the urgent application Location where the application will be heard Enter the address of the courthouse. DD/MM/YYYY To the person(

s) filing the notice of urgent application (the applicant): In cases of urgency you may apply for permission to bring an application on shorter notice than is otherwise required under the Court of Appeal Rules. You must obtain an urgent application hearing date from the registrar. Even in cases of urgency, you must give notice and attempt to serve the application material on all parties. [STAMP)

page 58 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ ܆Yes ܆No List any affidavits being filed An affidavit explaining the need for urgency is not required, but may be provided. Have you filed materials in support of the main application? If yes, list the material you have filed. Date form completed Name of lawyer or applicant authorizing filing of this form DD/MM/YYYY

page 59 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ COURT OF APPEAL FOR BRITISH COLUMBIA FORM 8 NOTICE OF APPLICATION TO VARY AN ORDER OF A JUSTICE (RULE 62(2) ) Court of Appeal File No. PARTIES TO THE APPEAL The file number can be found on the upper right corner of the Notice of Appeal. Name of the person(

s) bringing the application Include name of law firm if represented. Appellant(

s) List the name(

s) of the appellant(

s) named on Form 1: Notice of Appeal. Respondent(

s) List the name(

s) of the respondent(

s) named on Form 1: Notice of Appeal. To the person(

s) filing the application (the applicant): An application to vary is heard by a division of the court. Contact the court scheduler to obtain an application hearing date and time. Communicate with the other person(

s) to ensure they are available on the requested date. Applications to vary are to be no more than 30 minutes. (STAMP)

page 60 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ Application hearing date and time to be set by the associate registrar Date the order you are seeking to vary was pronounced Not the date the order was entered. Name of justice who pronounced the order DD/MM/YYYY Date form completed Name of lawyer or applicant authorizing filing of this form DD/MM/YYYY

page 61 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ COURT OF APPEAL FOR BRITISH COLUMBIA FORM 9 REQUISITION (RULE 65(2) and (5) ) Court of Appeal File No. v. The file number can be found on the upper right corner of the Notice of Appeal. Name of the first appellant named on Form 1: Notice of Appeal. Name of the first respondent named on Form 1: Notice of Appeal. Date form completed Name of lawyer or person authorizing filing of this form Name of person(

s) filing the requisition Relief sought Describe your request and indicate whether it is by consent. DD/MM/YYYY This form may be used for general requests, including but not limited to setting a new application hearing date for matters adjourned generally and adjourning matters by consent. [STAMP]

page 62 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA FORM 10: ORDER OF A SINGLE JUSTICE (Rule 66(3)(a) ) COURT OF APPEAL FOR BRITISH COLUMBIA FORM 10: ORDER OF A SINGLE JUSTICE (Rule 66(3)(a) ) Court of Appeal File No. ……………… BETWEEN: Appellant(s) (role in proceeding appealed from) AND: Respondent(s) (role in proceeding appealed from) BEFORE THE HONOURABLE [ CHIEF JUSTICE/MADAM JUS TICE/MR.

JUSTICE/JUSTICE] …… [ name of chambers justice ] …… IN CHAMBERS Vancouver [or other location of hearing], British Columbia, …… [ date reserve judgment was released or, if judgment was not reserved, date when judgment was given in chambers] …… [Add if applicable] Reasons to follow being released on …… [ date of release of reasons] …….

THE APPLICATION OF …… [ appellant/respondent] …… for …… [insert type of application ] …… coming on for hearing on …… [ insert date of chambers hearing] …… at .........................................., British Columbia; AND ON HEARING …… [insert name of lawyer for the appellant or state "the appellant appearing in person"] …… and …… [ insert name of lawyer for the respondent or state "the respondent appearing in person"] ……; AND ON READING the materials filed herein; AND ON JUDGMENT BEING PRONOUNCED ON THIS DATE; IT IS ORDERED that ...........................................

IT IS FURTHER ORDERED that ........................................... APPROVED AS TO FORM: …………………………………..………….. …………………………..………………….. Appellant/Appellant’s Lawyer A Justice of the Court of Appeal ………………………………..…………..… Respondent/Respondent’s Lawyer

page 63 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA FORM 11: ORDER OF THREE OR MORE JUSTICES (Rule 66(3)(b) ) COURT OF APPEAL FOR BRITISH COLUMBIA FORM 11: ORDER OF THREE OR MORE JUSTICES (Rule 66(3)(b) ) Court of Appeal File No. ……………… BETWEEN: Appellant(s) (role in proceeding appealed from) AND: Respondent(s) (role in proceeding appealed from) BEFORE: The Honourable [Chief Justice/Madam Justice/Mr. Justice/Justice] …………………………………... The Honourable [Madam Justice/Mr. Justice/Justice] …………………………………... The Honourable [Madam Justice/Mr.

Justice/Justice] …………………………………... [Justices’ names must be set out in the same order as in the reasons for judgment] Vancouver [or other location of hearing], British Columbia, ...... [date reserve judgment was released or, if judgment was not reserved, date when judgment was given in court] ....... [Add if applicable] Reasons to follow being released on ...... [date of release of reasons] ....... [Add if applicable] Supplementary reasons being released on ...... [date of release of supplementary reasons] .......

THE APPEAL from the order of ...... [name of judge and court/tribunal appealed from] ...... at ...... [location of court/tribunal] ...... dated ...... [insert date of order appealed from] ...... coming on for hearing on ...... [insert date(

s) of the hearing in the Court of Appeal] ......, AND ON HEARING ...... [insert name of lawyer for the appellant or state "the appellant appearing in person"] ...... and ...... [insert name of lawyer for the respondent or state "the respondent appearing in person"] ......, AND ON READING the materials filed herein; AND ON JUDGMENT BEING PRONOUNCED ON THIS DATE; THIS COURT ORDERS that ...... [the appeal is dismissed/allowed etc.] ...... AND THIS COURT FURTHER ORDERS that ................................

AND THIS COURT FURTHER ORDERS that the ...... [insert name of successful party on the appeal] ...... do recover the costs of the appeal from ...... [insert name of unsuccessful party] …… promptly after assessment. APPROVED AS TO FORM: BY THE COURT …………………………………..………….. …………………………..……………… Appellant/Appellant’s Lawyer Deputy Registrar ………………………………..…………….. Respondent/Respondent’s Lawyer

page 64 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA FORM 12: ORDER FROM AN APPLICATION TO VARY THE ORDER OF A JUSTICE (Rule 66(3)(c) ) COURT OF APPEAL FOR BRITISH COLUMBIA FORM 12: ORDE R FROM AN APPLICATION TO VARY THE ORDER OF A JUSTICE (Rule 66(3)(c) ) Court of Appeal File No. ……………… BETWEEN: Appellant(s) (role in proceeding appealed from) AND: Respondent(s) (role in proceeding appealed from) BEFORE: The Honourable [Chief Justice / Madam Justice / Mr. Justice / Justice] …………………………………... The Honourable [Madam Justice / Mr. Justice / Justice] …………………………………... The Honourable [Madam Justice / Mr.

Justice / Justice] …………………………………... [Justices’ names must be set out in the same order as in the reasons for judgment] Vancouver [or other location of hearing], British Columbia, ......[date of judgment] ....... The application of the ...... [appellant(s)/respondent(s)] ...... to vary the order of [Chief Justice / Madam Justice / Mr. Justice / Justice] ............................... dated the ...... day of ......, 20..... coming on for hearing on ...... [date(

s) of the hearing in the Court of Appeal] ......, AND ON HEARING ...... [name of lawyer for the appellant/respondent or "the appellant/respondent appearing in person"] ...... and ...... [name of lawyer for the appellant/respondent or "the appellant/respondent appearing in person"] ...... AND ON READING the materials filed herein; AND ON JUDGMENT BEING PRONOUNCED ON THIS DATE; THIS COURT ORDERS that the application to vary the order of [Chief Justice / Madam Justice / Mr. Justice / Justice] ................................ is ...... [either dismissed or allowed] .......

THIS COURT FURTHER ORDERS that ................................ APPROVED AS TO FORM: BY THE COURT …………………………………..………….. …………………………………..……… Appellant/Appellant’s Lawyer Deputy Registrar ………………………………..…………….. Respondent/Respondent’s Lawyer

page 65 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA FORM 13: CONSENT ORDER TO EXTEND TIME TO FILE A DOCUMENT (Rule 67(2)(a) ) COURT OF APPEAL FOR BRITISH COLUMBIA FORM 13: CONSENT ORDER TO EXTEND TIME TO FILE A DOCUMENT (Rule 67(2)(a) ) Court of Appeal File No. ……………… BETWEEN: Appellant(s) (role in proceeding appealed from) AND: Respondent(s) (role in proceeding appealed from) ……. [ Insert date of the order] …….

WHEREAS: (

a) all parties have cons ented to this order, (

b) no person involved is un der any legal disability, and (

c) all parties have agreed to comply hereaf ter with the time limits set forth in the Court of Appeal Act and Court of Appeal Rules, IT IS ORDERED that the time set for ...................................................., the ……. [ appellant/respondent] ……., to file and serve the ……. [ appeal record / transcript / factum / appeal book / book of authorities] ……. is extended until ……. [ date of the extension] …… APPROVED AS TO FORM: FOR THE COURT …………………………………..………….. …………………………..……………… Appellant/Appellant’s Lawyer Deputy Registrar ………………………………..…………….. Respondent/Respondent’s Lawyer

page 66 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA FORM 14: CONSENT ORDER TO REMOVE AN APPEAL FROM THE INACTIVE LIST (Rule 67(2)(b) ) COURT OF APPEAL FOR BRITISH COLUMBIA FORM 14: CONSENT ORDER TO REMOVE AN APPEAL FROM THE INACTIVE LIST (Rule 67(2)(b) ) Court of Appeal File No. ……………… BETWEEN: Appellant(s) (role in proceeding appealed from) AND: Respondent(s) (role in proceeding appealed from) ……. [ Insert date of the order] …….

WHEREAS: (

a) all parties have cons ented to this order, (

b) no person involved is un der any legal disability, and (

c) all parties have agreed to comply hereaf ter with the time limits set forth in the Court of Appeal Act and Court of Appeal Rules, IT IS ORDERED that this ……. [ appeal/application for leave to appeal ] ……. be removed from the inactive list and that the time limit for taking the next step required by the Court of Appeal Act or Court of Appeal Rules must begin to run as of the date of this order. IT IS FURTHER ORDERED that the notice of hearing be filed within 180 days of the date of this order, failing which the ……. [ appeal/application for leave to appeal] ……. must be returned to the inactive list.

APPROVED AS TO FORM: …………………………………..………….. …………………………..………………….. Appellant/Appellant’s Lawyer A Justice of the Court of Appeal ………………………………..……………… Respondent/Respondent’s Lawyer Note: This form of order may not be used to reinstate appeals that have been dismissed as abandoned under Rule 51. Note: This form of order may be used only if there is no prior order to remove the appeal or application for leave to appeal from the inactive list.

page 67 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA FORM 15: CONSENT ORDER – GENERAL (Rule 67(2)(c) ) COURT OF APPEAL FOR BRITISH COLUMBIA FORM 15: CONSENT ORDER – GENERAL (Rule 67(2)(c) ) Court of Appeal File No. ……………… BETWEEN: Appellant(s) (role in proceeding appealed from) AND: Respondent(s) (role in proceeding appealed from) BEFORE THE HONOURABLE [registrar will insert name of justice] [registrar will insert date of order] IN CHAMBERS ON application of ……. [appellant/respondent] ……. herein; AND BY CONSENT; IT IS ORDERED that ……. [specify] ……. IT IS FURTHER ORDERED that ……. [specify] …….

APPROVED AS TO FORM: …………………………………..………….. Appellant/Appellant’s Lawyer ………………………………..…………….. Respondent/Respondent’s Lawyer

page 68 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ COURT OF APPEAL FOR BRITISH COLUMBIA FORM 16 OFFER TO SETTLE COSTS (RULE 76(1) ) Court of Appeal File No. v. To: ……. [party the offer to settle costs is addressed to] ……. The ……. [appellant/respondent, name of the party offering to settle costs ] ……. offers to settle costs in accordance with

Schedule 1 of the Court of Appeal Rules in the amount of $............... ……………………………………………………… Date ………………………………..………………………………….. Party/Party’s Lawyer The file number can be found on the upper right corner of the Notice of Appeal. Name of the first appellant named on Form 1: Notice of Appeal. Name of the first respondent named on Form 1: NoticeofAppeal. [STAMP]

page 69 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA FORM 17: CERTIFICATE OF COSTS (Rule 77) COURT OF APPEAL FOR BRITISH COLUMBIA FORM 17: CERTIFICATE OF COSTS (Rule 77) Court of Appeal File No. ……………… BETWEEN: Appellant(s) (role in proceeding appealed from) AND: Respondent(s) (role in proceeding appealed from) I CERTIFY that on ……. [date ] ……., the costs of the ……. [ appellant/respondent, name of party] ……. have been allowed against the ……. [ appellant/respondent, name of party] ……. at $............................... …………………………………..……… ………………………………..………… D a t e R e g i s t r a r

page 70 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ COURT OF APPEAL FOR BRITISH COLUMBIA FORM 18 NOTICE OF CHANGE OF REPRESENTATION / CHANGE OF ADDRESS FOR SERVICE (RULE 86) Court of Appeal File No. v. PART A ܆Self-represented ܆Lawyer Name of lawyer and firm name ܆Self-represented ܆Lawyer Name of lawyer and firm name The file number can be found on the upper right corner of the Notice of Appeal. Name of the first appellant named on Form 1: Notice of Appeal. Name of the first respondent named on Form 1: Notice of Appeal.

If you are changing representation, complete Part A and Part B. If you are only changing your address for service, complete Part B only. If you are a lawyer seeking to withdraw from the record without your client’s permission, use Form 19. New status: Current status: Name(

s) of person(

s) filing the notice of change of representation/change of address for service [STAMP] I

page 71 of 77 COURTOFAPPEALFORBRITISHCOLUMBIA www.bccourts.ca/Court_of_Appeal/ PARTB Dateformcompleted Nameoflawyerorperson authorizingfilingofthisform. DD/MM/YYYY Phonenumber(s)ofperson(s) completingthisform Name(s)andresidentialor businessaddress(es)withinB.C. forserviceofperson(s) completingthisform Includelawfirmifrepresented. Emailaddress(es)forserviceof person(s)completingthisform Ifyouprovideanemailaddress, youconsenttohavedocuments servedonyoubyemail. \ I

page 72 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ COURT OF APPEAL FOR BRITISH COLUMBIA FORM 19 NOTICE OF WITHDRAWAL OF LAWYER (RULE 87(1) ) Court of Appeal File No. v. The file number can be found on the upper right corner of the Notice of Appeal. Name of the first appellant named on Form 1: Notice of Appeal. Name of the first respondent named on Form 1: Notice of Appeal. Last known address(es) for the person(

s) the lawyer represents Last known phone number(

s) of person(

s) the lawyer represents Date form completed Name of lawyer or person authorizing filing of this form Name of lawyer seeking to withdraw Last known email(

s) for the person(

s) the lawyer represents Name(

s) of person(

s) the lawyer represents To the person(

s) receiving this notice of withdrawal: If you object to the lawyer’s withdrawal from this proceeding, you may file and serve an objection in Form 20 not more than seven days after being served with this notice of withdrawal. If you do not file an objection within the required timeline the lawyer will be removed from the record. If no objection is filed, the other parties to the proceeding may serve all further documents on you by mail to your last known address(es) noted above. If you wish to change your address for service, complete Part B of Form 18. if i h d l DD/MM/YYYY [STAMP)

page 73 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ COURT OF APPEAL FOR BRITISH COLUMBIA FORM 20 NOTICE OF OBJECTION TO WITHDRAWAL (RULE 87(2) ) Court of Appeal File No. v. The file number can be found on the upper right corner of the Notice of Appeal. Name of the first appellant named on Form 1: Notice of Appeal. Name of the first respondent named on Form 1: Notice of Appeal. Date form completed Name of lawyer or person authorizing filing of this form Name(

s) of person(

s) objecting Name of lawyer seeking to withdraw as lawyer of record DD/MM/YYYY [STAMP)

page 74 of 77 COURT OF APPEAL FOR BRITISH COLUMBIA www.bccourts.ca/Court_of_Appeal/ COURT OF APPEAL FOR BRITISH COLUMBIA FORM 21: BILL OF COSTS (Rule 39(2) ) Court of Appeal File No. ……………… BETWEEN: Appellant(s) (role in proceeding appealed from) AND: Respondent(s) (role in proceeding appealed from) ITEM DESCRIPTION PST GST UNITS CLAIMED UNITS ALLOWED 1 Advising appellant or respondent on bringing appeal, application for leave to appeal or cross appeal 2 Preparation of appeal record 3 Preparation of appeal book(s), one of the following: (a) 1 – 5 volumes; (b) 6 – 10 volumes; (c) 11 or more volumes 4 Preparation of application book including written argument 5 Preparation of factum 6 Preparation of written argument if specifically ordered by the court or a justice or directed by the registrar Specifics of application(s): ……………………… …………………………. 7 Preparation of any application be fore the court, a justice or the registrar, except where otherwise provided

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 271/2022
Type	order_in_council
Volume / chapter	arc oic 0271 2022
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	96428d72808ea70420b731d6600f67e87d01e21f

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