Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 57, No. 18

183/2014

The British Columbia Gazette,

Part II

October 7, 2014

B.C. Reg. 183/2014 , deposited October 6, 2014, under the COURT RULES ACT [section 1]. Order in Council 550/2014, approved and ordered October 3, 2014.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Small Claims Rules, B.C. Reg. 261/93, are amended as set out in the attached Schedule.

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

Schedule

1 Rule 7.4 (1) of the Small Claims Rules, B.C. Reg. 261/93, is amended by adding the following definition:

“online mediation” means the use of electronic communication tools by the parties to a claim for the purpose of reaching, with the assistance of a mediator, agreement on the issues in dispute.

2 Rule 7.4 is amended by adding the following after subrule (17):

Online Mediation

Notice of online mediation

(17.1) After the registrar serves a notice of mediation session on the parties under subrule (17), the mediation coordinator may serve on the parties notice of the availability of online mediation if there is only one claimant and one defendant to the claim.

Online mediation

(17.2) Subject to subrules (17.4) to (17.8), a mediator may conduct an online mediation with the parties to a claim by video conference, audio conference, telephone, electronic mail or text-based platform, or through the use of other electronic communication tools, or by any combination of those means.

Participation in online mediation at different times

(17.3) It is not necessary for the means of communication referred to in subrule (17.2) to allow both parties to the online mediation to take part at the same time.

Claims for which online mediation is not available

(17.4) Subrule (17.2) does not apply to a claim if

(

a) the claim is for damages for personal injury, or

(

b) the claim is for damages for personal injury or death, or loss of or damage to property, that arises out of the use or operation of a motor vehicle or trailer as those terms are defined in the Motor Vehicle Act .

When subrule (17.2) ceases to apply

(17.5) Subrule (17.2) ceases to apply to a claim if

(

a) a party does not accept participation in online mediation within the time limit set out in the notice,

(

b) a party will need an interpreter in order to participate in online mediation,

(

c) there are more than 2 parties to the claim, or

(

d) a party does not do any thing required to be done in using online mediation within a time limit set by the mediator.

Mediation coordinator may exempt claim or class of claims from online mediation

(17.6) The mediation coordinator may at any time exempt a claim or a class of claims from online mediation if, in the mediation coordinator’s opinion, it is unfair or impractical to use online mediation for the claim or the class of claims.

Mediator may exempt claim from online mediation

(17.7) A mediator may at any time exempt a claim from online mediation if, in the mediator’s opinion, it is unfair or impractical to use online mediation for the claim.

When online mediation ends

(17.8) The online mediation of a claim may not be conducted or continued on or after the date that is 5 days before the date set for the mediation session.

Application of other subrules to online mediation

(17.9) Subrules (26) (

b) to (d), (27) to (29), (44) and (45) apply to an online mediation as if the online mediation were a mediation session.

3 Rule 7.4 (25) (

b) is amended by striking out “ requesting mediation by telephone. ” and substituting “ requesting to attend the mediation session by telephone. ”

Schedule B is amended by repealing Forms 24 and 25 and substituting the attached Forms 24 and 25.

Copyright © 2014: Queen's Printer, Victoria, British Columbia, Canada