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Volume 57, No. 12

121/2014

The British Columbia Gazette,

Part II

July 1, 2014

B.C. Reg. 121/2014 , deposited June 23, 2014, under the COURT RULES ACT [section 1]. Order in Council 411/2014, approved and ordered June 20, 2014.

On the recommendation of the undersigned, made after consultation with the Chief Justice of the Supreme Court, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective July 1, 2014, the Supreme Court Family Rules, B.C. Reg 169/2009, are amended as set out in the attached Schedule.

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

Schedule

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

(

a) by adding the following definition:

“arbitration award” means an award, within the meaning of the Arbitration Act , made in respect of a family law dispute; , and

(

b) in the definition of “family law case” by adding the following paragraph:

(

h) a proceeding that, under Rule 3-1 (4.5), was started by the filing of a requisition and arbitration award under Rule 2-1.2 (2); .

2 The following rule is added:

Rule 2-1.2 – Arbitration Awards

Arbitration awards may be filed

(1) An arbitration award may be filed in a registry.

Filing arbitration awards

(2) To file an arbitration award under subrule (1), a certified copy of the arbitration award must be attached to a requisition in Form F17.3 and the requisition must be filed.

3 Rule 3-1 is amended

(

a) in subrule (1) by striking out “ and (4.1) ” and substituting “ , (4.1), (4.4) and (4.5) ”,

(

b) in subrule (2.4) by adding the following paragraphs:

(

f) an order under

section 183 of the Family Law Act ;

(

g) an order under

section 28 of the Child, Family and Community Service Act . , and

(

c) by adding the following subrules:

Filing arbitration awards under the Family Law Act

(4.5) If a person files under Rule 2-1.2 (1) a requisition to which an arbitration award is attached and there is no existing family law case within which it is appropriate to file the requisition, the filing of the requisition under that rule starts a family law case.

Style of proceedings if filing of arbitration award starts family law case

(4.6) If the filing of a requisition starts a family law case under subrule (4.5) of this rule, the style of proceeding in the family law case must name the person filing the requisition as “Claimant” and the other parties to the arbitration as “Respondents”.

4 Rule 6-3 (1) (

e) is amended by striking out “ or ” at the end of subparagraph (ii), by adding “ or ” at the end of subparagraph (iii) and by adding the following subparagraph:

(iv) change, suspend or terminate an arbitration award filed under Rule 2-1.2 (1), .

5 Rule 10-5 is amended

(

a) in subrule (1) by striking out “ or to enforce compliance with a determination of a parenting coordinator, ” and substituting “ , to enforce compliance with a determination of a parenting coordinator filed under Rule 2-1.1 (1) or to enforce an arbitration award filed under Rule 2-1.2 (1), ”, and

(

b) in subrule (2) by adding the following paragraph:

(

e) to change, suspend or terminate an arbitration award.

6 Rule 10-6 is amended

(

a) in subrule (6) by adding “ , other than a person named as a party, ” after “ every other person ”,

(

b) in subrule (6) by adding the following paragraph:

(

f) in addition to the documents referred to in paragraphs (a), (

b) and (d), if the application is in relation to an arbitration award filed in, or to start, a family law case, a copy of the filed arbitration award. ,

(

c) in subrule (7) (

d) by striking out “ filed under Rule 2-1.1 (1), ” and substituting “ filed under Rule 2-1.1 (1) or to change, suspend or terminate an arbitration award filed under Rule 2-1.2 (1), ”,

(

d) in subrule (8.1) (

c) by striking out “ or to set aside or replace the whole or any part of an agreement filed under Rule 2-1 (2), ” and substituting “ , to set aside or replace the whole or any part of an agreement filed under Rule 2-1 (2) or to change, suspend or terminate an arbitration award filed under Rule 2-1.2 (1), ”, and

(

e) in subrule (14) (

b) by adding the following subparagraph:

(vii) a copy of each filed order that the applicant seeks to vary or rescind or that is otherwise relevant to the relief sought; .

7 Rule 10-7 is amended

(

a) in subrule (1) by striking out “ or to enforce compliance with a determination of a parenting coordinator, ” and substituting “ , to enforce compliance with a determination of a parenting coordinator filed under Rule 2-1.1 (1) or to enforce an arbitration award filed under Rule 2-1.2 (1), ” , and

(

b) in subrule (1.1) by adding the following paragraph:

(

e) to change, suspend or terminate an arbitration award filed under Rule 2-1.2 (1).

8 Rule 11-1 (5) (

d) is repealed and the following substituted:

(

d) if the party who made the offer obtained a judgment as favourable as, or more favourable than, the terms of the offer, award to the party the party’s costs in respect of all or some of the steps taken in the family law case after the date of delivery or service of the offer to settle.

9 Rule 15-1 (3) (

b) is amended by adding “ or the order is one referred to in subrule (1) (d.1), (d.2) or (d.3) ” after “ otherwise orders ”.

10 Rule 22-4 (5) (b) (ii) is amended by striking out “ record or a petition record; ” and substituting “ record, a petition record or a hearing record; ”.

11 Appendix A is amended by adding the following form:

Form F17.3 (Rule 2-1.2 (2) )

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

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

In the Supreme Court of British Columbia

Claimant:

Respondent:

REQUISITION

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

Filed by: .........................[ party(ies) ].........................

Required: The filing of the attached arbitration award made under the Arbitration Act .

My address for service is [ Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service. ]

Address for Service:

Fax (optional) E-mail (optional)

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

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

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

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

12 Form F31 in Appendix A is amended in paragraph (

c) under the heading “ Time for response to application ” by striking out “ or to set aside or replace the whole or any part of an agreement filed under Rule 2-1 (2), ” and substituting “ , to set aside or replace the whole or any part of an agreement filed under Rule 2-1 (2) or to change, suspend or terminate an arbitration award filed under Rule 2-1.2 (1), ”.

13 Form F45 in Appendix A is amended by adding the following after

section 5:

6 Documents and Exhibits

The following are the documents and other exhibits the filing party intends to tender at trial:

7 Authorities

The following are the authorities the filing party intends to rely on at trial:

8 Order

The following are the terms of the order the filing party will seek at trial:

9 Time Required for Submissions

The filing party estimates that ........[ time estimate ]........ will be required for that party’s opening statement and ........[ time estimate ]........ will be required for that party’s final submissions.

14 Form F52 in Appendix A is amended by striking out “ Rule 11-3 of the Supreme Court Family Rules, ” and substituting “ Rule 11-3 of the Supreme Court Family Rules at .................... on .......[ dd/mmm/yyyy ]......., and on hearing ..............[ name of party/lawyer ].............. and ..............[ name of party/lawyer ].............., ”.

15 Schedules 1 and 4 of Appendix C are amended by adding the following Item:

7.3

For filing an arbitration award under Rule 2-1.2, whether or not that filing starts a family law case

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