British Columbia Order in Council — Amendment to Supreme Court Civil Rules (O.C. 378/2024)

O.C. 378/2024

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 378 , Approved and Ordered July 2, 2024 Executive Council Chamber s, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders the following, effective September 9, 2024: (

a) the Supreme Court Civil Rules, B.C. Reg. 168/2009, are amended as set out in the attached

Schedule I ; (

b) the Supreme Court Family Rules, B.C. Reg. 169/2009, are amended as set out in the attached

Schedule 2. Presiding Memb (This

part is for administrative purposes only and is not part oft theOrder.) Authority under which Order is made: Act and section: Court Rules Act, R.S.B.C. 1996, c. 80, s. 1 Other: OIC 302/2009; OIC 303/2009 page I of 105 R107649 18

page 2 of 105

SCHEDULE 1 1 Rule 8-1 of the Supreme Court Civil Rules, B.C. Reg. 168/2009, is amended (

a) by repealing subrule (15) (b) (

i) and substituting the following: (

i) a cover page in Form 30.001; , and (

b) in subrule (21.1) (

a) by a dding the following subparagraph: (i.1) the place of hearing; . 2 Rule 12-3 (1) is amended by renumbering paragraph (

a) as (a.1) and by adding the following paragraph: (

a) a cover page in Form 30.001, . 3 Rule 16-1 is amended (

a) by repealing subrule (11) (b) (

i) and substituting the following: (

i) a cover page in Form 30.001; , and (

b) in subrule (16.1) (

a) by a dding the following subparagraph: (i.1) the place of hearing; . 4 Rule 22-2 is amended (

a) in subrule (5) by striking out “ Sworn (or affirmed) befo re me at .............. British Columbia on ......[dd/mmm/yyyy].....” and substituting the following: SWORN (OR AFFIRMED) BEFORE ME at ......[commissioner’s city/town]......, British Columbia on ..........[date]........... ............................................................................ A commissioner for taking affidavits for British Columbia ....[print name or affix stamp of commissioner].... , and (

b) by adding the following subrule: Swearing or affirming affidavit by video conference

(6.1) If a person swears or a ffirms an affidavit before another person by video conference, (

a) the affidavit must state, in its la st numbered paragraph, that the person swearing or affirming the affidavit wa s not physically present before the other person but was before that person by video conference, and (

b) for the purposes of this Rule, the affi davit is to be considered to have been sworn or affirmed in the presence, and at the location, of the person before whom the affidavit is sworn or affirmed. 5 Rule 23-6 is amended

page 3 of 105 (

a) by repealing subrule (3.1) (b) (

i) and substituting the following: (

i) a cover page in Form 30.001; , and (

b) by repealing subrule (8.8) (b) (

i) and substituting the following: (

i) a cover page in Form 30.001, . 6 Forms 15, 16, 17.2, 20, 20.1, 33.1, 38, 41, 60, 68, 78, 80, 83, 109 and 120 in Appendix A are repealed and the following substituted:

page 4 of 105 FORM 15 (RULE 4-6 (1) ) [Style of Proceeding] AFFIDAVIT OF PERSONAL SERVICE [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] I, ...............[ name]..............., of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT: 1 On ........[ date]........, at ..........[time of day].........., I served ...............[name of person served]............... with [ Check whichever one of the following boxes is correct and provide the required information.] [ ] the following documents that have been filed in this proceeding: [Using one line for each filed document served by personal service on the named person, describe the document including its date if available – e.g. notice of ci vil claim between ........... [name(s)]............ and ........... [name(s)]........... bearing court stamp dated ........ [date]........., affidavit of ................. [name]................. sworn ........ [date]........ and bearing court stamp dated ........[date]........, etc.] ..........[description of document].......... ..........[description of document].......... [ ] the following documents that have not been filed in this proceeding: [Using one line for each unfiled document served by personal service on the named person, identify and exhibit the document in the following manner.] ..........[description of document].........., a copy of which is attached to this affidavit and marked as Exhibit A. ..........[description of document].........., a copy of which is attached to this affidavit and marked as Exhibit ..........[B, C, etc.].......... . 2 I served each document referred to in

section 1 of this affidavit by handing it to and leaving it with .........[ name of person served ]......... at .........[ city and country ]......... on ......[ date]......, at ........[time of day]........ . 3 The means by which I identi fied the person served is [Check whichever one of the following boxes is correct and provide the required information.] [ ] I know the person served because ................[set out the means of knowledge]................ . [ ] the person I served produced the following identification containing a photograph that was a true likeness of the person I served: ................[ specify form of identification produced – e.g., “B.C.

Driver’s Licence No. XXX”]................, bearing the name of ......... . [ ] by the following other means: ................[ describe other means by which the person was identified (e.g., the person I served acknowledged that they were ..[name of person served])..]................ . [The following paragraphs must be included if the affidavit was sworn or affirmed by video conference:

page 5 of 105 [#] “I acknowledge the solemnity of making a sworn statement/solemn declaration and acknowledge the consequences of making an untrue statement.” and [##] “I was not physically present before the person before whom this affidavit was sworn or affirmed but was in that person’s presence using video conferencing.”] SWORN (OR AFFIRMED) BEFORE ME ) at …. ....[commissioner’s city/town]……. …., ) British Columbia on ..........[date].......... . ) ............................................................................ ) .......................................................... ) A commissioner for taking ) affidavits for British Columbia ) ....[print name or affix stamp of commissioner]....

page 6 of 105 FORM 16 (RULE 4-6 (1) ) [Style of Proceeding] AFFIDAVIT OF ORDINARY SERVICE [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] I, ...............[ name]..............., of ................[ address]................, ................[ occupation]................, SWEAR (OR AFFIRM) THAT: 1 On ........[ date]........, at ..........[time of day].........., I served ...............[name of person served]............... with [ Check whichever one of the following boxes is correct and provide the required information.] [ ] the following documents that have been filed in this proceeding: [Using one line for each filed document served by personal service on the named person, describe the document including its date if available – e.g. notice of civil claim between ..........[name(s)].......... and ..........[name(s)].......... bearing court stamp dated ........ [date]........, affidavit of ................. [name]................... sworn ........... [date]........... and bearing court stamp dated ..........[date]........, etc.] ..........[ description of document].......... ..........[ description of document].......... [ ] the following documents that have not been filed in this proceeding: [Using one line for each unfiled document served by personal service on the named person, identify and exhibit the document in the following manner.] ..........[ description of document].........., a copy of which is attached to this affidavit and marked as Exhibit A. ..........[ description of document].........., a copy of which is attached to this affidavit and marked as Exhibit ..........[B, C, etc.].......... . 2 I served each document referred to in

section 1 of this affidavit by [ Check whichever one of the following boxes is correct and provide the required information.] [ ] leaving the document at ...............[ the party’s address for service]............... [ ] mailing the document by ordinary mail to ...............[the party’s address for service]............... [ ] faxing the document to ..........[fax number].......... together with a fax cover sheet [ ] e-mailing the document to ..........[e-mail address].......... [The following paragraphs must be included if the affidavit was sworn or affirmed by video conference: [#] “I acknowledge the solemnity of making a sworn statement/solemn declaration and acknowledge the consequences of making an untrue statement.” and

page 7 of 105 [##] “I was not physically present before the person before whom this affidavit was sworn or affirmed but was in that person’s presence using video conferencing.”] SWORN (OR AFFIRMED) BEFORE ME ) at …. ....[commissioner’s city/town]……. …., ) British Columbia on ..........[date].......... . ) ............................................................................ ) .......................................................... ) A commissioner for taking ) affidavits for British Columbia ) ....[print name or affix stamp of commissioner]....

page 8 of 105 FORM 17.2 (RULE 2-2 (3) ) [Style of Proceeding] REQUISITION – TRIBUNAL AWARD [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] Filed by: .........................[party(ies)]......................... Required: The filing of the attached tribunal award made under the ..................[ name of 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 number address for service (if any): E-mail address for service (if any): Date: .................................... .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) ...........................[ type or print name]..........................

page 9 of 105 FORM 20 No. ………………………. …….……………. Registry [Style of Proceeding] ________________________________________________________________________ CASE PLAN PROPOSAL (RULE 5-1 (6) ) ________________________________________________________________________ [name of party] [name of counsel if applicable] [address for delivery] [telephone and fax/e-mail] [name of party] [name of counsel if applicable] [address for delivery] [telephone and fax/e-mail] Date and Time of Case Planning Conference:……………. Place of Case Planning Conference:……………..………. Case Plan Proposal provided by:………………………..

page 10 of 105 FORM 20 (RULE 5-1 (6) ) [Style of Proceeding] CASE PLAN PROPOSAL [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] Party submitting this case plan proposal: ..............................................

Indicate the party’s proposal with respect to the following steps: Item Step If parties agree, step agreed to and its timing [set out details or refer to attachment] If parties disagree, party’s proposal respecting step and its timing [set out details or refer to attachment] 1 Discovery of documents [when list is to be produced, where documents are to be made available for inspection, electronic document protocol, etc. ] 2 Examinations for discovery [person to be discovered, date of discovery, duration of discovery, etc.] 3 Dispute resolution procedures under

Part 9 of the Supreme Court Civil Rules [what procedures to be used and when, etc.] 4 Expert witnesses [area of expertise of expert, date report to be served, etc.] 5 List of witnesses [date list to be served] 6 Proposed mode of trial 7 Estimated trial length 8 Preferred period(

s) for trial date 9 Other [specify] Date: ......................................... .............................................................................. Signature of [ ] party [ ] lawyer for party ........................[type or print name]........................

page 11 of 105 FORM 20.1 (RULE 5-2 (4), 12-2 (6), 23-5

(5) AND 23.1-1 (4) ) [Style of Proceeding] REQUISITION – METHOD OF ATTENDANCE [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] Filed by: .........................[party(ies)].........................

Required: [ ] Order to exempt .................... [name of party] .................... from attending the: [ ] case planning conference on .................... [ date] ........... at ............... [ location]............... [Rule 5-2 (4)] [ ] trial management conference on .................... [ date]........... at ............... [ location]............... [Rule 12-2 (6)] [ ] Order to permit attendance [ ] in person or by way of [ ] video conference or [ ] telephone by ........... [name of lawyer or party] ........... at the: [ ] case planning conference on .................... [ date] ........... at ............... [ location]............... [Rule 5-2 (4)] [ ] trial management conference on ........... [ date] ........... at ............... [ location]............... [Rule 12-2 (6)] [ ] Order that the following application be he ard [ ] in person or by way of [ ] video conference [ ] telephone or [ ] other communication medium [please specify below]: ........... [identify application (including filing date, a brief description of the orders sought, time estimate, date scheduled and location)] ........... [Rule 23-5 (5)] [ ] Order that the following hearing before a registrar be heard [ ] in person or by way of [ ] video conference [ ] telephone or [ ] other communication medium [please specify below]: ........... [ identify hearing, date scheduled and location] ........... [Rule 23-5 (5)] [ ] Order that the following application, conference or hearing be heard in person: ........... [identify application (including filing date, a brief description of the orders sought and time estimate) conference or hearing; date scheduled and location] ........... [Rule 23.1-1 (4)] This order/relief is sought because: [ Set out the reasons why the order or relief is sought] Position of the other party(ies): [ State whether other parties have a position with respect to this application]

page 12 of 105 Contact information and role for any person whose participation is to be by video conference or telephone: [ Provide e-mail address and telephone number] ........................[name]............................ ...............[e-mail]...................... .......................[telephone]...................... Role [Select] [ ] Counsel of Record [ ] Alternate Counsel [ ] Party [ ] Other/Non-Party …….[ please specify]……….. Date: .................................... ..............................................................................

Signature of [ ] filing party [ ] lawyer for filing party(ies) ........................[ type or print name]........................ ORDER BY ENDORSEMENT (to be completed by a judge, associate judge or registrar) Order granted [ ] / refused [ ] Conditions or directions: ................................................................................................................. ................................................................................................................. Endorsed: Judge/Associate Judge/Registrar ................................ Date ………………….………………..

page 13 of 105 FORM 33.1 (RULE 13-1 (1.1) ) [Style of Proceeding] ORDER SIGNING INSTRUCTIONS [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] Notice to: ...................................................... You are requested to sign the attached draft order made by Judge/Associate Judge............. on .............[ date].............

I have drafted the order consistent with the terms prescribed by the judge/associate judge as stated on the court record. [Check whichever one of the following boxes is correct and provide any required information.] [ ] I have attached the clerk’ s notes relating to the order of the judge/associate judge [ ] I have not attached the cler k’s notes relating to the order of the judge/associate judge for the following reason(s): .....[briefly state the reasons].......... You are requested to return the sig ned order within 14 days of recei pt. Signing the order does not preclude your right to appeal.

If you disagree with the accuracy of the terms in the order you are required to deliver your written objections to me within 14 days of receiving the order. I will consider your objections and if we are unable to agree on the terms to be included in the order an appointment to settle the order may be filed in accordance with Rule 13-1 (12). If the signed order is not returned to me, or written objection(

s) to any of the terms are not delivered to me, within 14 days of receipt, the order may be submitted for entry in accordance with Rule 13-1 (1.4). Date Sent: .......................................

page 14 of 105 FORM 38 (RULE 10-2 (2) ) [Style of Proceeding] SECURITY FOR RECEIVER [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] Date of this guarantee: ................... Name and address of receiver: ................................................................... Name and registered office of surety: ....................................................... Liability of surety under this guarantee: $...................... Annual premium: $......................

This guarantee is made between the RECEIVER, THE SURETY AND HIS MAJESTY THE KING in right of British Columbia. 1 The receiver and the surety hereby jointly and severally covenan t with His Majesty the King in right of British Columbia that the receiver will, from time to time, duly account for what the receiver has already received since the date of the order appointing the receiver and will hereafter receive or for what since the date of the order the receiver has or will hereafter become liable to pay or account for as receiver [ and manager] and will pay every sum of money and deliver every property that the court may direct. 2 If the receiver does not, for every succ essive 12 months computed from the date of the receiver’s appointment, pay at the office of the surety the annual premium noted above, then the surety may apply to be relieved from all further liability un der this guarantee, except in respect of any damage or loss occasioned by any act or default of the receiver in relation to the receiver’s duties as receiver [ and manager] prior to the hearing and determination of the application. 3 A statement under the hand of th e registrar of the amount that the receiver is liable to pay and has not paid under paragraph 1 and that the loss or damage has been incurred through the act or default of the receiver is conclusi ve evidence in any action by His Majesty against the receiver and surety, or either of them, or by the surety against the receiver, of the truth of the contents of the statement and constitutes a binding charge not only against the receiver and the receiver’s personal representatives, but also against the surety and its funds and property without it being necessary for His Majesty to ta ke any proceedings against the surety and the surety’s funds and property and without it being necessary for His Majesty to take any proceedings against the receiver for the recovery thereof and without any further or other proof being given in that behalf in any action to enforce this guarantee. 4 The liability of the surety under this guar antee is limited to the sum noted above, provided that the registrar may approve, in writing, the reduction of the liability of the surety, in which event the surety’s maximum liability with respec t to any acts or omissions of the receiver subsequent to the date of the appr oval is reduced accordingly an d provided further that an endorsement executed by the surety increasing th e liability of the surety will be binding on

page 15 of 105 the surety with respect to any acts or omissions of the receiver subsequent to the date of that endorsement. 5 The receiver will, on being discharged fr om office or on ceasing to act as receiver [ and manager], promptly give written notice of that discharge to the surety, and also within 7 days after the notice give the surety a copy of any order discharging the receiver. 6 The receiver and the recei ver’s personal representatives will at all times hereafter indemnify the surety against all loss, damage, costs, and expenses that the surety sustains by reason of the surety having executed this guarantee.

In witness whereof, the receiver ha s hereunder set the receiver’s hand and seal and the surety has caused its common seal to be affixed ........[date]........ . SURETY [SEAL] RECEIVER [SEAL] Date: .................................... Approved: ............................................................... Registrar ENDORSEMENT TO GUARANTEE NO. The liability of the surety under this guarantee has been increased from $...................... to $......................, effective ........[ date]........ with respect to any acts or omissions of the receiver subsequent to that date. SURETY [SEAL]

page 16 of 105 FORM 41 No. ………………………. …………………….Registry [Style of Proceeding] ________________________________________________________________________ TRIAL BRIEF (RULE 12-1.1 (1),

(2) AND (3) ) ________________________________________________________________________ [name of party] [name of counsel if applicable] [address for delivery] [telephone and fax/e-mail] [name of party] [name of counsel if applicable] [address for delivery] [telephone and fax/e-mail] Date and Time of Trial:……………. Place of Trial:……………..………. Time estimate of the Plaintiff(s):…………………… Time estimate of the Defendant(s):…………………. Trial Brief provided by:………………………..

page 17 of 105 FORM 41 (RULE 12-1.1 (1),

(2) AND (3) ) [Style of Proceeding] TRIAL BRIEF [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] Filed by: .................[party]................. (the “filing party”) [The pages of this trial brief must be consecutively numbered.] [Check the following box, if applicable.] [ ] This is an amended trial brief of the filing party. The trial of this action is scheduled for ........[number of days scheduled for trial]........ days and is scheduled to begin on ........[date]........ . The total time needed respecting items 3, 4, 6, 9 and 11 (b), as applicable, is ........[total, in hours, of all times indicated in items 3, 4, 6, 9 and 11 (

b) below]........ [Check whichever one of the following boxes is correct and complete any required information.] [ ] The filing party expects the trial to complete within the scheduled time. [ ] The filing part y expects the trial to require ........[ number]........ days, and the filing party and counsel are available to continue for ........[ number]........ consecutive days following the currently scheduled completion date. The total time needed for orders or directions sought at the trial management conference is ....................., if proceeding [total time of all applications in item 1 (d)]. 1 T RIAL MANAGEMENT CONFERENCE (

a) The filing party is repres ented by legal counsel and anticipates being represented by counsel at the trial: [ ] yes [ ] no (

b) The trial is set for hearing for more than 15 days: [ ] yes [ ] no [See Rule 12-2 (1) for when trial management conference is required.] (

c) Has the filing party filed a jury notice: [ ] yes [ ] no If yes, does the filing party intend to pr oceed by: [ ] judge alone [ ] jury (

d) The following orders or directions will be applied for at the trial management conference: Nature of order or direction Time in hours needed for application If a trial management conference is not held, the parties are encouraged to engage in pretrial communication that will result in the efficient conduct of the trial, including provisions for a joint book of authorities, agreed statement of facts, and common book of documents.

page 18 of 105 2 S UMMARY OF ISSUES AND POSITIONS The following is a list, in numbered paragraphs, of the issues in dispute and the filing party's position on each: Issue in dispute Filing party's position 1 1 2 2 3 W ITNESSES TO BE CALLED The following are the na mes and addresses of the lay and expert witnesses the filing party intends to call at trial, the issue(

s) each will address, an estimate of the time each will need for giving direct evidence, and the filing party's opinion on whether, if the court so orders or the parties all consent, the witness's direct evidence could conveniently be given by affidavit: Name Address Issue(

s) Evidence expected at trial: (

a) attached as a

schedule or (

b) to be provided 14 days before trial Time in hours needed Direct evidence by affidavit (Y/N) Video attendance proposed by filing party (Y/N) 4 W ITNESSES TO BE CROSS-EXAMINED The following are the names of the witnesses the filing party anticipates cross-examining at trial, and an estimate of the time the filing party will need for each: Name Time in hours needed

page 19 of 105 5 E XPERT REPORTS The following are the expert reports that will be offered as evidence at trial: Name of expert Area of expertise Date of report 6 OBJECTION TO ADMISSIBILITY The filing party intends to object to the admissibility of all or a part of the following expert reports: Name of expert Area of expertise Date of report Basis of objection Time in hours needed 7 D OCUMENTS, EXHIBITS AND AUTHORITIES (

a) The parties [ ] have agreed on [ ] have not agreed on [ ] have not yet discussed a common book of documents. (

b) The filing party [ ] is in favour or [ ] is not in favour of having a common book of documents. If not, provide reasons: .............................................. (

c) The parties [ ] have reached [ ] have not re ached [ ] have not yet discussed an agreement governing the use and admissibility of documents. (

d) The filing part y [ ] is in favour or [ ] is not in favour of proceeding with an agreement governing the use and admissibility of documents. If yes, attach proposed form of document agreement. If not, provide reasons: .............................................. (

e) The filing party [ ] expects [ ] does not expect that there will be a joint book of authorities. 8 A DMISSIONS The filing party will admit the following facts at trial (attach

schedule if more space required): 1 2

page 20 of 105 9 T IME REQUIRED FOR SUBMISSIONS The filing party esti mates that ........[ time estimate, in hours ]........ will be needed for the filing party's opening statement and ........[ time estimate, in hours ]........ will be needed for that party's final submissions. If a jury notice has been filed, the filing party estimates that........[time estimate, in hours] will be needed for jury selection, jury deliberations, jury charge and other jury specific related matters. 10 O RDERS THAT MAY AFFECT THE CONDUCT OF THE TRIAL The following orders may affect the conduct of the trial: Date of order Nature of order 11 A PPLICATIONS ANTICIPATED (

a) The following applications are anticipated to be made prior to trial: Name of application Time estimate (

b) The following applications are anticipated to be made during the trial: Name of application Time estimate 12 T RIAL LOGISTICS (

a) Does this trial involve/require: (

i) out of town witnesses? yes [ ] no [ ]

page 21 of 105 If so, indicate where witnesses are travelling from: .............................................. (ii) interpreters? yes [ ] no [ ] If so, indicate language[s] required for each witness: .............................................. (iii) security concerns? yes [ ] no [ ] If so, indicate whether sheriff requir ed in the courtroom: .............................................. (iv) special equipment/courtro om arrangements? yes [ ] no [ ] Videoconferencing: yes [ ] no [ ] Teleconferencing: yes [ ] no [ ] Evidence Presentation System: yes [ ] no [ ] Large courtroom: yes [ ] no [ ] Other requirements: .............................................. (

b) How many people do you an ticipate to be in attendance in person at the trial? [................] number of party attendees [................] number of non-party attendees 13 R EADINESS Are further amendments to the pleadings, applications, examinations for discovery, interrogatories, admissions or expert reports required before the trial? yes [ ] no [ ] Date: ..................................... .............................................................................. Signature of [ ] filing party [ ] lawyer for filing party .......................[type or print name]........................

page 22 of 105 FORM 60 (RULE 13-5 (6) ) This is the ......[1st/2nd/3rd/etc.]...... affidavit of ..............[name].............. in this case and was made on .........[date]......... [Style of Proceeding] CERTIFICATE OF RESULT OF SALE [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] Property Sold Name of Purchaser Price Amount Received Date of Sale Totals I, ...............[name]..............., of ..................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT: 1 I did, in accordance with the pr ovisions of the order of this court dated ...................., sell by ........[auction or as the case may be]........ the property described in the certificate on the day shown in the certificate. 2 The result of the sale is trul y set forth in the certificate. [The following paragraphs must be included if the affidavit was sworn or affirmed by video conference: [#] “I acknowledge the solemnity of making a sworn statement/solemn declaration and acknowledge the consequences of making an untrue statement.” and [##] “I was not physically present before the person before whom this affidavit was sworn or affirmed but was in that person’s presence using video conferencing.”] SWORN (OR AFFIRMED) BEFORE ME ) at …. ....[commissioner’s city/town]……. …., ) British Columbia on ..........[date].......... . ) ............................................................................ .......................................................... ) Person conducting sale A commissioner for taking ) affidavits for British Columbia ) ....[print name or affix stamp of commissioner]....

page 23 of 105 FORM 68 (RULE 16-1 (8) ) No. ............................... .................................. Registry In the Supreme Court of British Columbia Between , Petitioner(

s) and , Respondent(s) [or, if there is no person against whom relief is sought: Re: ........[State the person by whom, or the entity in respect of which, relief is sought]........] NOTICE OF HEARING [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] To: ................[name(

s) of petition respondent(s), if any]................

TAKE NOTICE that the petition of ................[ party(ies)]........ dated ........[ date]........ will be heard at the courthouse at ................[address]................ on ........[date]........ at ........[time of day]........ . [Check whichever one of the following boxes is correct.] [ ] This matter is an app lication for judicial review. [ ] This matter is not an a pplication for judicial review. 1 Date of hearing [Check whichever one of the following boxes is correct.] [ ] The parties have agreed as to the date of the hearing of the petition. [ ] The parties have been unable to agree as to th e date of the hearing but notice of the hearing will be given to the petition respondents in accordan ce with Rule 16-1 (8) (

b) of the Supreme Court Civil Rules. [ ] The petition is unopposed, by consent or without notice. 2 Duration of hearing [Check the correct box(es) and complete the required information.] [ ] It has been agreed by the

part ies that the hearing will take ........[time estimate]........ . [ ] The parties have been unable to agree as to how long the hearing will take and (

a) the time estimate of the petitioner(

s) is ............. minutes, and (b) [ ] the time estimate of the petition respondent(

s) is ............. minutes. [ ] the petition respondent(

s) ha s(ve) not given a time estimate.

page 24 of 105 3 Jurisdiction [Check whichever one of the following boxes is correct.] [ ] This matter is within the ju risdiction of an associate judge. [ ] This matter is not within the jurisdiction of an associate judge. Date: ..................................... .............................................................................. Signature of [ ] petitioner [ ] lawyer for petitioner(s) ........................[type or print name]........................

page 25 of 105 FORM 78 (RULE 20-2 (12) ) This is the .....[1st/2nd/3rd/etc.]..... affidavit of .............[name]............. in this case and was made on .......[date]......... [Style of Proceeding] AFFIDAVIT OF ATTAINMENT OF MAJORITY [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] I, ................[name]................, of ................[address]................, ............[occupation]............, SWEAR (OR AFFIRM) THAT: 1 I attained the age of majority on ........[date]........ . 2 I am under no other legal disability. 3 I intend to act in this action without a litigation guardian. [The following paragraphs must be included if the affidavit was sworn or affirmed by video conference: [#] “I acknowledge the solemnity of making a sworn statement/solemn declaration and acknowledge the consequences of making an untrue statement.” and [##] “I was not physically present before the person before whom this affidavit was sworn or affirmed but was in that person’s presence using video conferencing.”] SWORN (OR AFFIRMED) BEFORE ME ) at …. ....[commissioner’s city/town]……. …., ) British Columbia on ..........[date].......... . ) ............................................................................ .......................................................... ) A commissioner for taking ) affidavits for British Columbia ) ....[print name or affix stamp of commissioner]....

page 26 of 105 FORM 80 (RULE 20-5 (3) ) This is the .....[1st/2nd/3rd/etc.]..... affidavit of .............[name]............. in this case and was made on .......[date]......... [Style of Proceeding] AFFIDAVIT IN SUPPORT OF ORDER TO WAIVE FEES [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] I, ................[name]................, of ................[ address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT: 1 I am the ................[ party]................ in this proceeding. 2 I make this affidavit in support of my applicatio n for an order directing that I am not required to pay any fees to the government under S chedule 1 of Appendix C of the Supreme Court Civil Rules. 3 I am ................ years old. 4 I have the following dependants: [ List all the dependants in the household. ] ............................................................................................................................... .................................. ................................................................................................................................................................. ............................................................................................................................... ..... . 5 The following persons contribu te to my household expenses: [ List all in the household who contribute to expenses.] ............................................................................................................................... ....................... . 6 I am [ ] employed [ ] unemployed. 7 Attached as Exhibit A is [ Check whichever one of the following boxes is correct and attach the required exhibit.] [ ] a financial statement th at accurately sets out the monthly income, expenses and assets of my household. [ ] proof that I receive benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act. 8 Attached as Exhibit B is an accurate description of my educational and employment history. 9 Attached as Exhibit C is an accura te description of my workplace skills. 10 Attached as Exhibit D is a copy of the document I wish to file or with which I wish to proceed. [The following paragraphs must be included if the affidavit was sworn or affirmed by video conference: [#] “I acknowledge the solemnity of making a sworn statement/solemn declaration and acknowledge the consequences of making an untrue statement.” and

page 27 of 105 [##] “I was not physically present before the person before whom this affidavit was sworn or affirmed but was in that person’s presence using video conferencing.”] SWORN (OR AFFIRMED) BEFORE ME ) at …. ....[commissioner’s city/town]……. …., ) British Columbia on ..........[date].......... . ) ............................................................................ .......................................................... ) A commissioner for taking ) affidavits for British Columbia ) ....[print name or affix stamp of commissioner]....

This is Exhibit A referred to in the affidavit of ........................................, sworn (or affirmed) before me on ...............[date].............. .........................................................................A commissioner for taking affidavits for British Columbia FINANCIAL STATEMENT ESTIMATED NET MONTHLY INCOME [Attach proof – i.e. most recent pay stubs or payment advice, etc., if available.] Estimated net monthly income from all sources: Employment $............... Pension $............... Dividends $............... Interest $............... Other $...............

TOTAL (Estimated net monthly income) $............... ESTIMATED MONTHLY EXPENSES [Attach receipts for the following, if available.] Estimated monthly expenses related to housing $............... Estimated monthly expenses related to transportation $............... Estimated monthly expenses related to household expenses $............... Estimated monthly expenses related to medical and dental expenses $...............

page 28 of 105 Estimated monthly expenses, not included in above, related to dependant children $............... Estimated monthly debt payments [specify]............................................................... $............... Estimate of other monthly expenses [specify]............................................................... $............... TOTAL (Estimated monthly expenses) $...............

ASSETS [Specify assets and set out their estimated value.] ........................................................................................................................... $. .............. ........................................................................................................................... $. .............. ........................................................................................................................... $. .............. ........................................................................................................................... $. .............. ........................................................................................................................... $. ..............

TOTAL (Estimated asset values) $...............

This is Exhibit B referred to in the affidavit of ........................................, sworn (or affirmed) before me on ...............[date].............. .........................................................................A commissioner for taking affidavits for British Columbia EDUCATIONAL AND EMPLOYMENT HISTORY [Set out details of education and employment history.] 1 Highest level of education attained and date completed: .............................................................................................................................................................................. .............................................................................................................................................................................. ...................................................................................................................................................... 2 Employment history: Employer Dates Position .............................................................. .................................. ............................. .............................. .............................................................. .................................. ............................. .............................. .............................................................. .................................. ............................. ..............................

page 29 of 105 This is Exhibit C referred to in the affidavit of ........................................, sworn (or affirmed) before me on ...............[date].............. .........................................................................A commissioner for taking affidavits for British Columbia WORKPLACE SKILLS [specify] ............................................................................................................................... ....................................... ...................................................................................................................................................................... ............................................................................................................................... ....................................... ......................................................................................................................................................................

page 30 of 105 FORM 83 (RULE 21-1 (8) ) This is the .....[1st/2nd/3rd/etc.]..... affidavit of .............[name]............. in this case and was made on .......[date]......... [Style of Proceeding] AFFIDAVIT TO LEAD WARRANT [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] I, ................[name]................, of ................[ address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT: 1 I ........[ describe relationship to the party at whose instance the ship or other property is to be arrested and the basis of the knowledge of the person swearing or affirming the affidavit ]........ and accordingly have knowledge of the facts to which I depose in this affidavit save and except where such are stated to be on information and belief. 2 The party making application for a warrant for the arrest of the ship or other property named in this affidavit is ................[name]................ of ................[address]................ . 3 The nature of the cl aim that is the subject of the action against the ship or other property named in this affidavit is ................[describe the claim and state the amount if known]................ . 4 The claim has n ot been satisfied. 5 The property to be arrested is ......................[ Describe the ship or other property in sufficient detail to facilitate an arrest.]...................... . [Check whichever one of the following boxes is correct and attach the exhibit if required.] 6 [ ] No notice of this action is required. [ ] The notice of this action required ha s been given and a copy of the notice is attached to this my affidavit and marked Exhibit A. [The following paragraphs must be included if the affidavit was sworn or affirmed by video conference: [#] “I acknowledge the solemnity of making a sworn statement/solemn declaration and acknowledge the consequences of making an untrue statement.” and [##] “I was not physically present before the person before whom this affidavit was sworn or affirmed but was in that person’s presence using video conferencing.”] SWORN (OR AFFIRMED) BEFORE ME ) at …. ....[commissioner’s city/town]……. …., ) British Columbia on ..........[date].......... . ) ............................................................................ .......................................................... ) A commissioner for taking affidavits ) for British Columbia ) ....[print name or affix stamp of commissioner]....

page 31 of 105 FORM 109 (RULE 22-2

(2) AND (7) ) This is the .....[1st/2nd/3rd/etc.]..... affidavit of .............[name]............. in this case and was made on .......[date]......... [Style of Proceeding] AFFIDAVIT [Rule 22-2 applies to affidavits and Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] I, ................[name]................, of ................[ address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT: 1 2 3 [The following paragraphs must be included if the affidavit was sworn or affirmed by video conference: [#] “I acknowledge the solemnity of making a sworn statement/solemn declaration and acknowledge the consequences of making an untrue statement.” and [##] “I was not physically present before the person before whom this affidavit was sworn or affirmed but was in that person’s presence using video conferencing.”] SWORN (OR AFFIRMED) BEFORE ME ) at …. ....[commissioner’s city/town]……. …., ) British Columbia on ..........[date].......... . ) ............................................................................ .......................................................... ) A commissioner for taking affidavits ) for British Columbia ) ....[print name or affix stamp of commissioner].... [The following endorsement must be completed if required under Rule 22-2 (7) of the Supreme Court Civil Rules.] ENDORSEMENT OF INTERPRETER [if applicable] I, ................[name]................, of ................[address]................, ................[occupation]................ certify that: 1 I have a knowledge of the English and .......... .............. languages and I am competent to interpret from one to the other. 2 I am advised by the person swearing or affi rming the affidavit and believe that the person swearing or affirming the affidavit understands the ........................ language.

page 32 of 105 3 Before the affidavit on which this endors ement appears was made by the person swearing or affirming the affidavit I correctly interprete d it for the person swearing or affirming the affidavit from the English language into the ........................ language and the person swearing or affirming the affidavit appeared to fully understand the contents. Date: .......................................... .............................................................................. Signature of interpreter

page 33 of 105 FORM 120 (RULE 23-4 (17) ) [Style of Proceeding] DECLARATION [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.] RE APPLICATION FOR PAYMENT OUT OF INFANT’S FUNDS I, ..................[ current name in full ].................., of ....................[ address]...................., DO SOLEMNLY DECLARE: 1 that I am the person for whom funds are held in court and I am the person named in the order of ................................ made on ........[date]........; 2 that I attained the full a ge of 19 years on ........ [ date]……………… and submitted with this declaration is a copy of my birth certificate [ or] my birth certificate for examination by the registry; 3 that I am entitled to payment of the funds; [If the applicant’s name has changed since the date of the order referred to in paragraph 1 of this declaration, check the following and provide the required proof.] 4 [ ] that my name has been changed from that shown on the or iginal court order.

Proof is attached.

I make this solemn declaration cons cientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. [The following paragraphs must be included if the affidavit was sworn or affirmed by video conference: [#] “I acknowledge the solemnity of making a sworn statement/solemn declaration and acknowledge the consequences of making an untrue statement.” and [##] “I was not physically present before the person before whom this affidavit was sworn or affirmed but was in that person’s presence using video conferencing.”] DECLARED BEFORE ME at ) .........[commissioner’s city/town]........., ) British Columbia on ........[date]........ . ) ............................................................................ .......................................................... ) A commissioner for taking ) affidavits for British Columbia ) ....[print name or affix stamp of commissioner]....

If cheque is to be mailed to other than above address, state here: ..........................................................................

page 34 of 105 7 The following form is added to Appendix A: AUTHORIZATION FOR PAYMENT OUT [to be completed by the registry] Original name [if changed]: ........................................................................................................................... Registry: ............................................................ Proceeding No.: ........................................ ........... Date paid into court: .........[date].......... Treasury No.: ...................................................... Amount (including accrued interest): $....................

Date: .......................................... .............................................................................. Registrar

page 35 of 105 FORM 30.001 No. ………………………. …….……………. Registry In the Supreme Court of British Columbia BETWEEN: PLAINTIFF(

S) AND: DEFENDANT(S) ________________________________________________________________________ [TYPE OF RECORD] [Include the applicable Rule reference as follows: “(RULE [8-1 (15), 12-3 (1), 16-1 (11), 23-6 (3.1), or 23-6 (8.8)] )”] ________________________________________________________________________ [name of party] [name of counsel if applicable] [address for delivery] [telephone and fax/e-mail] [ name of party] [name of counsel if applicable] [address for delivery] [telephone and fax/e-mail] Date and Time of [indicate appearance type]:……………. Place of [indicate appearance type]:………………….……….

Time estimate of the Plaintiff:……………………… Time estimate of the Defendant:…………………. To be heard before [ ] Judge [ ] Associate Judge [ ] Registrar [Type of Record] provided by:………………………..

page 36 of 105

SCHEDULE 2 1 Rule 1-1 (1) of the Supreme Court Family Rules, B.C. Reg. 169/2009, is amended (

a) by adding the following definition: “FMEA Director” means the Director of Maintenance Enforcement under the Family Maintenance Enforcement Act; , (

b) by repealing the definition of “ FMEP Director”, and (

c) in the definition of “party ”, by striking out “ FMEP Director ” and substituting “FMEA Director”. 2 Rules 6-2 (2) and 6-3 (2) (

b) are amended by striking out “ FMEP Director” wherever it appears and substituting “FMEA Director”. 3 Rule 10-4 is amended (

a) in subrule (5) by striking out “ Sworn (or affirmed) befo re me at .............. British Columbia on ......[dd/mmm/yyyy].....” and substituting the following: SWORN (OR AFFIRMED) BEFORE ME at ......[commissioner’s city/town]......, British Columbia on ..........[date]........... ............................................................................ A commissioner for taking affidavits for British Columbia ....[print name or affix stamp of commissioner].... . , and (

b) by adding the following subrule: Swearing or affirming affidavit by video conference

(6.1) If a person swears or a ffirms an affidavit before another person by video conference, (

a) the affidavit must state, in its la st numbered paragraph, that the person swearing or affirming the affidavit wa s not physically present before the other person but was before that person by video conference, and (

b) for the purposes of this Rule, the affi davit is to be considered to have been sworn or affirmed in the presence, and at the location, of the person before whom the affidavit is sworn or affirmed. 4 Rule 10-6 is amended (

a) by repealing subrule (14) (b) (

i) and substituting the following: (

i) a cover page in Form F32.2; , and (

b) in subrule (19.1) (

a) by a dding the following subparagraph: (i.1) the place of hearing; .

page 37 of 105 5 Rule 14-4 (1) is amended by renumbering paragraph (

a) as (a.1) and by adding the following paragraph: (

a) a cover page in Form F32.2, . 6 Rule 17-1 is amended (

a) by repealing subrule (11) (b) (

i) and substituting the following: (

i) a cover page in Form F32.2; , and (

b) in subrule (16.1) (

a) by a dding the following subparagraph: (i.1) the place of hearing; . 7 Rule 22-7 is amended (

a) by repealing subrule (3.1) (b) (

i) and substituting the following: (

i) a cover page in Form F32.2; , and (

b) by repealing subrule (8.8) (b) (

i) and substituting the following: (

i) a cover page in Form F32.2, . 8 Forms F8, F15, F16, F19, F19.1, F19.3, F 30, F31, F32.1, F37, F38, F41, F45, F70, F71, F84, F86, F97 and F101 in Appe ndix A are repealed and the following substituted:

page 38 of 105 FORM F8 (RULE 5-1 AND 7-1 (8),

(10) AND (11) ) This is the ......[1st/2nd/3rd/etc.]...... affidavit of ..............[name].............. in this case and was made on .........[date]......... Court File No.: ......................... Court Registry: .......................... In the Supreme Court of British Columbia Claimant: Respondent: FINANCIAL STATEMENT [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] INSTRUCTIONS FOR COMPLETION You must file financial information (Form F8) if any of the following apply: • there is a claim against you for spousal support or you are claiming spousal support; • there is a claim by either party for the divisi on of property and/or debts under

Part 5 or 6 of the Family Law Act; • there is a claim against you for the support of a child, OR • you are claiming child support unless all of the following conditions apply: (

a) you are making no claim for any other kind of support; (

b) the child support is for children who are not stepchildren; (

c) none of the children for whom child support is claimed is 19 years of age or older; (

d) the income of the person being asked to pay child support is under $150 000 per year; (

e) you are not applying for special expenses under

section 7 of the child support guidelines; (

f) you are not applying for an order under

section 8 of the child support guidelines; (

g) you are not applying for an order under

section 9 of the child support guidelines; (

h) you are not making a claim based on undue hardship under

section 10 of the child support guidelines. If you do not file the financial information that is required, the court may attribute an amount of income to you, and make a support award against you, based on that amount.

page 39 of 105 I, ................[name]................, of ...............[address for service]..............., SWEAR (OR AFFIRM) THAT: 1 The information set out in this financial statement is true and complete to the best of my knowledge. [Check whichever of the following boxes is correct and complete any required information.] 2 [ ] I do not anticipate any significant changes in the information set out in this financial statement. [ ] I anticipate the following significant changes in the informat ion set out in this financial statement: ............................................................................................................................... ........................ [The following paragraphs must be included if the affidavit was sworn or affirmed by video conference: [#] “I acknowledge the solemnity of making a sworn statement/solemn declaration and acknowledge the consequences of making an untrue statement.” and [##] “I was not physically present before the person before whom this affidavit was sworn or affirmed but was in that person’s presence using video conferencing.”] SWORN (OR AFFIRMED) BEFORE ME ) at …. ....[commissioner’s city/town]……. …., ) British Columbia on ..........[date].......... . ) ............................................................................ ) .......................................................... ) A commissioner for taking ) affidavits for British Columbia ) ....[print name or affix stamp of commissioner]....

PART 1 – INCOME You do not need to complete

Part 1 if ALL of the following apply: (

a) the other party does not claim child support from you; (

b) there are no claims for special expenses under

section 7 of the child support guidelines; (

c) the current parenting arrangement does n ot involve split or shared custody under

section 8 or

section 9 of the child support guidelines; (

d) there are no claims for split or shared custody; (

e) there are no claims for child support relating to stepchildren; (

f) there are no children 19 years or older for whom support is sought; (

g) the payor’s child support guidelines income is less than $150 000 per year; (

h) there are no claims for undue hardship und er

section 10 of the child support guidelines; (

i) there are no claims for retroactive child support; (

j) there are no claims for spousal support. A Employer information: [ ] I am employed by ................[ name and address of employer]................ [ ] I am self employed as ................[trade or occupation]................

page 40 of 105 [ ] I operate an unincorporated business, the n ame and address of which is ................[ name and address of business]................ [ ] I am unemployed B Documentation supplied: I have attached to this sta tement or serve with it a copy of each of the following applicable income documents [Check the first 2 boxes and check each other box that applies to you and provide the documents referred to beside each checked box.]: [ ] every personal income tax return, including all attachments, that I have filed for each of the 3 most recent taxation years; [ ] every income tax notice of assessment or reassessment I have received for each of the 3 most recent taxation years; [ ] [ if you are an employee] my most recent statement of earnings indi cating the total earnings paid in the year to date, including overtime, or, if suc h a statement is not provided by my employer, a letter from my employer setting out that information, including my rate of annual salary or remuneration; [ ] [ if you are receiving Employment Insurance benefits] my 3 most recent EI benefit statements; [ ] [ if you are receiving Workers’ Compensation benefits] my 3 most recent WCB benefit statements; [ ] [ if you are receiving income assistance] a statement confirming the amount of income assistance that I receive; [ ] [ if you are self-employed] for the 3 most recent taxation years (

i) the financial statements of my business or professional practice, other than a partnership, and (ii) a statement showing a breakdown of a ll salaries, wages, mana gement fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom I do not deal at arm’s length; [ ] [ if you are in a partnership] confirmation of my income and draw from, and capital in, the partnership for its 3 most recent taxation years; [ ] [ if you control a corporation] for the corporation’s 3 most recent taxation years (

i) the financial statements of the cor poration and its subsidiaries, and (ii) a statement showing a breakdown of a ll salaries, wages, mana gement fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation and every related corporation does not deal at arm’s length; [ ] [ if you are a beneficiary under a trust ] the trust settlement agreement and the trust’s 3 most recent financial statements; [ ] [ if you own or have an interest in real property ] the most recent assessment notice issued from an assessment authority for the property.

NOTE: If the applicable income d ocuments are not attached to or served with this financial statement, they must nonetheless be provided to the other party if and as required by Rule 5-1 of the Supreme Court Family Rules.

page 41 of 105 C Annual Income If line 150 (total income) of your most recent federal income tax return sets out what you expect your income will be for this year and you are not obliged under Note 1 below to complete

Schedule A of this Form, ignore lines 1 to 7 below and record the number from line 150 of your most recent federal income tax return at line 8 below. Otherwise, record what you expect your income for this year to be from each of the following sources of income that applies to you. Record gross annual amounts. LINE GUIDELINE INCOME FOR BASIC CHILD SUPPORT CLAIM Sources and amounts of annual income 1 Employment income ($..........) paid: [ ] monthly / [ ] twice each month / [ ] every 2 weeks) + 2 Employment insurance benefits + 3 Workers’ compensation benefits + 4 Interest and investment income + 5 Pension income + 6 Income assistance relating to self + 7 Other income (attach

Schedule A) – see Note 1 + 8 Child support guidelines income before adjustments [If you are required to complete lines 1 through 7 above, total the amounts of those lines here. Otherwise, record the number from line 150 of your most recent federal income tax return] = Adjustments to income 9 Subtract union and professional dues – ( ) 10 Adjustments in accordance with

Schedule III of the child support guidelines per line 8 of

Schedule B (attached) – see Note 2 + – ( ) 11 Child support guidelines income for basic child support (line 8 as adjusted by lines 9 and 10) = CHILD SUPPORT GUIDELINE INCOME TO DETERMINE SPECIAL EXPENSES Child support guidelines income (from line 11 of this table) 12 Add spousal support received from the other party to this family law case +

page 42 of 105 13 Subtract spousal support paid to the other party to this family law case – ( ) 14 Add Canada Child Tax Benefit re lating to children for whom special or extraordinary expenses are sought + 15 Child support guidelines income to determine special expenses (line 11 as adjusted by lines 12, 13 and 14) = INCOME TO BE INCLUDED FOR SPOUSAL SUPPORT CLAIM Child support guidelines income (from line 11 of this table) 16 Total child support received + 17 Income assistance received for other members of household + 18 Canada Child Tax Benefit and BC Family Bonus + 19 Total income to be used for a spousal support claim (line 11 plus lines 16, 17 and 18) = Note: 1 You must complete

Schedule A of this Form and include, at line 7 above, the total income recorded at line 11 of

Schedule A, if you expec t to receive income this year from any of the following sources: (

a) taxable dividends from Canadian corporations; (

b) net partnership income (limited or non-active partners only); (

c) rental income; (

d) taxable capital gains; (

e) registered retirement savings income; (

f) self-employment income; (

g) any other taxable income that is not included in para graphs (

a) to (

f) or in lines 1 to 5 of

Schedule A. 2 If there are any adjustments as set out in

Schedule III of the child support guidelines that apply to you, you must (

a) complete

Schedule B of this Form, and (

b) include at line 10 above, the amoun t recorded at line 8 of that completed

Schedule B.

SCHEDULE A – OTHER INCOME LINE OTHER SOURCES OF INCOME

page 43 of 105 1 Self-employment income: Gross = $..........; Net = $..........

Note: Provide financial statements of the business, including any statement of business activ ities filed as part of your income tax return + 2 Other employment income + 3 Net partnership income: limited or non-active partners only + 4 Rental income: Gross = $..........; Net = $.......... + 5 Total amount of dividends from Taxable Canadian Corporations + 6 Total capital gains ($..........) minus total capital losses ($..........) = + 7 Spousal support from another relationship or marriage + 8 Registered retirement savings plan income + 9 Net federal supplements + 10 Any other income + 11 Total of lines 1 through 10 =

SCHEDULE B – ADJUSTMENTS TO INCOME LINE DEDUCTIONS 1 Employment expenses, other than union or professional dues, claimed under

Schedule III of the child support guidelines [list] • ............................................. $.......... • ............................................. $.......... Total $.......... – 2 Actual business investment losses during the year – 3 Carrying charges and interes t expenses paid and deductible under the Income Tax Act (Canada): [list] • ............................................. $.......... • ............................................. $.......... Total $.......... – 4 Prior period earnings ($..........) minus reserves ($..........) = –

page 44 of 105 5 Portion of partnership and sole proprietorship income required to be re-invested – ADDITIONS 6 Capital cost allowance for real property + 7 Employee stock options in Canadian-controlled private corporations exercised: value of shares when options exercised ($..........) minus amount paid for shares ($..........) minus amount paid to acquire option ($..........) = + 8 Total adjustments

PART 2 – MONTHLY EXPENSES You must complete

Part 2 if (

a) there is a claim, either by you or against you, for spousal support OR (

b) there is a claim, either by you or against you, for child support and one or more of the following conditions applies: • one or more of the children is a stepchild; • one or more of the children for whom child support is claimed is 19 years of age or older; • the current parenting arrangement involves split or shared custody under

section 8 or 9 of the child support guidelines or there is an application for an order under

section 9 of the child support guidelines; • the income of the party being asked to pay child support is more than $150 000 per year OR (

c) there is a claim against you for child su pport and you intend to make a hardship claim under the child support guidelines OR (

d) there is a claim by you for child support an d the opposite party has made a hardship claim under the child support guidelines OR (

e) there is a claim, either by you or agains t you, for child support and there is a claim for special expenses under

section 7 of the child support guidelines. Monthly Compulsory deductions CPP contributions EI premiums Income taxes

page 45 of 105 Employee pension contributions Other [specify] Compulsory Deductions Sub-total Housing Rent or mortgage Property taxes Property insurance Water, sewer, garbage Strata fees House repairs and maintenance Other [specify] Housing Sub-total Utilities Heat and electricity Telephone Cellular telephone Cable TV Internet service Other [specify] Utilities Sub-total Household expenses Food Household supplies Meals outside the home Furnishings and equipment Other [specify]

page 46 of 105 Household expenses Sub-total Transportation Public transit, taxis Gas and oil Car insurance and licence Parking Repairs and maintenance Lease payments Other [specify] Transportation Sub-total Other Charitable donations Vacation Pet care Newspapers, publications Other [specify] Other Sub-total Health Extended health premiums Dental plan premiums Health care (net of coverage) Drugs (net of coverage) Dental care (net of coverage) Other [specify] Health Sub-total Personal

page 47 of 105 Clothing Hair care Toiletries, cosmetics Education [specify] Life insurance Dry cleaning/laundry Entertainment/recreation Gifts Other [specify] Personal Sub-total Children Child care Clothing Hair care School fees and supplies Entertainment/recreation Activities and lessons Gifts Insurance Other [specify] Children Sub-total Savings RRSP RESP Other [specify] Savings Sub-total

page 48 of 105 Support payments to others [specify] Support payments to others Sub-total Debt payments [specify minimum monthly payments] Debt payments Sub-total TOTAL MONTHLY EXPENSES TOTAL ANNUAL EXPENSES [multiply TOTAL MONTHLY EXPENSES by 12]

PART 3 – PROPERTY You must complete

Part 3 if (

a) there is a claim, either by you or against you, for spousal support OR (

b) there is a claim, either by you or against you, for child support and one or more of the following conditions applies: • one or more of the children is a stepchild; • one or more of the children for whom child support is claimed is 19 years of age or older; • there is an application for an order under

section 9 of the child support guidelines; • the income of the party being asked to pay child support is more than $150 000 per year OR (

c) there is a claim against you for child su pport and you intend to make a hardship claim under the child support guidelines OR (

d) there is a claim by you for child support an d the opposite party has made a hardship claim under the child support guidelines OR (

e) there is a claim, either by you or agains t you, for child support and there is a claim for special expenses under

section 7 of the child support guidelines OR (

f) there is a property claim, either by you or against you, under

Part 5 or 6 of the Family Law Act.

page 49 of 105 ASSETS List all assets that you own, regardless of whether or not the other party has made a claim.

Assets Details Date Acquired [date] Value 1 Real estate • Attach a copy of the most recent assessment notice for any property that you own or in which you have an interest. • Provide details, including address or legal description and nature of interest, of any interest you have in land, including leasehold interests and mortgages, whether or not you are registered as owner. • Record the estimated market value of your interest without deducting encumbrances or costs of disposition. [Record encumbrances under DEBTS below.] Real estate Sub-total 2 Vehicles • List cars, trucks, motorcycles, trailers, motor homes, boats, etc.

Vehicles Sub-total 3 Financial assets • List savings and chequing accounts, term deposits, GIC’s, stocks, bonds, Canada Savings Bonds, mutual funds, insurance policies [indicate beneficiaries], accounts receivable, etc. • Record account number and name of institution where accounts are held. Financial assets Sub-total 4 Pensions and RRSP’s • Record name of institution where accounts are held, name and address of pension plan and pension details. Pensions and RRSP’s Sub-total

page 50 of 105 5 Business interests • List any interest you hold, directly or indirectly, in any unincorporated business, including partnerships, trusts and joint ventures. • List any interests you hold in incorporated businesses. • Record the name and address of the company. Business interests Sub-total 6 Other • Include precious metals, collections, works of art and any jewellery or household items of extraordinary value. • Include location of safety deposit boxes.

Other Sub-total TOTAL DEBTS Show your debts and other liabilities, whether arising from personal or business dealings, by category, such as mortgages, charges, liens, notes, credit car ds, accounts payable and tax arrears. Include contingent liabilities such as guarantees and indicate that they are contingent. Debt Details Date Incurred [date] Amount Secured debts • Mortgages • Other (specify) Secured debts Sub-total Unsecured debts • Bank loans • Personal loans • Credit cards [list] • Other [specify] Unsecured debts Sub-total TOTAL

page 51 of 105 EXCLUDED PROPERTY Of the assets listed above, list which ones are excluded property or form part of the excluded property claim. Description Date of Acquisition Value at Acquisition or Commencement Current Value DISPOSAL OF PROPERTY List all real and personal proper ty disposed of during the 2 years pr eceding this statement or, if the parties married within that 2 year period, since the date of marriage. Description [describe the property disposed of] Date of Disposal [date] Value

PART 4 – SPECIAL OR EXTRAORDINARY EXPENSES You must complete

Part 4 if there is a claim, either by you or against you, for child support and there is a claim for special expenses under

section 7 of the child support guidelines. Note: 1 Provide a separate statement under this

Part 4 for each child for whom a claim is made. 2 To calculate a net amoun t, subtract, from the gross amount, subsidies, benefits, income tax deductions or credits relating to the expense. Name of child: Annual Gross Annual Net Monthly Gross Monthly Net Child care expenses Medical/dental insurance premiums attributable to child Health related expenses that exceed insurance reimbursement by at least $100 Extraordinary expenses for primary or secondary school Post-secondary education expenses Extraordinary extracurricular expenses [list] Subtract contributions from child ( ) ( ) ( ) ( ) TOTAL

page 52 of 105

PART 5 – UNDUE HARDSHIP You must complete

Part 5 if there is a claim against yo u for child support and you intend to make an undue hardship claim under the child support guidelines. 1 Responsibility for unusually high debts reasonably incurred to support the family prior to separation or in order to earn a living Owed to: Terms of debt: Monthly Amount • [list] • [provide details] $.......... Total $.......... 2 Unusually high expenses for exercising parenting time or contact with, or access to, a child Details of expense Amount • [list] $..........

Total $.......... 3 Legal duty under a court order or separation agreement to support another person Name of person Relationship Nature of duty 4 Legal duty to support a child, other than a child for whom support is claimed, who is (

a) under age 19, or (b) 19 or older but unable to be self-supported because of illness, disability or other cause Name of person Relationship Nature of duty 5 Legal duty to support a person who is unable to be self- supported because of illness or disability Name of person Relationship Nature of duty 6 Other undue hardship circumstances [provide details]

page 53 of 105

PART 6 – INCOME OF OTHER PERSONS IN HOUSEHOLD You must complete

Part 6 if (

a) there is a claim against you for child support and you intend to make an undue hardship claim under the child support guidelines OR (

b) there is a claim by you for child supp ort and the other party has made an undue hardship claim under the child support guidelines. Name of person Annual income Total

page 54 of 105 FORM F15 (RULE 6-6 (1) ) Court File No.: ......................... Court Registry: ..........................

In the Supreme Court of British Columbia Claimant: Respondent: AFFIDAVIT OF PERSONAL SERVICE [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] I, ................[ name]................, of ................[ address]................, ................[ occupation]................, SWEAR (OR AFFIRM) THAT: 1 On ........[ date]........, at ........[ time of day ]........, I served ........[ name of person served ]........ with the ........[type of document, e.g. notice of family claim, petition, etc .]........ in this family law case, a copy of which is attached to this affidavit and marked as Exhibit A, by handing it to and leaving it with that person at ................[city and country]................ . [In the case of service of a notice of family claim or counterclaim in which a divorce is claimed, check whichever one of the following boxes is correct and complete the required information.] [ ] 2 I know the person served because ................[set out the means of knowledge]................ . [OR] [ ] 2 I know the person served because ................[ set out the means of knowledge ]................ and attached to this affidavit and marked as Exhibit B is a photograph that is a true likeness of the person I served. [OR] [ ] 2 I do not know the person served and [ State the means by which the person who was served was identified by checking one or both of the following boxes and providing the required information.] [ ] the person I served produced the following identification containing a photograph that was a true likeness of the person I served: ................[specify form of identification produced – e.g. “B.C.

Driver’s Licence No. XXX”]................, bearing the name of ................ [ ] attached to this affidavit and marked as Exhibit B is a photograph that is a true likeness of the person I served. [ If this box is checked, there must be filed an affidavit that exhibits the same photograph and confirms that the person shown in the photograph is the person identified in

section 1 of this affidavit as the person served.] [The following paragraphs must be included if the affidavit was sworn or affirmed by video conference: [#] “I acknowledge the solemnity of making a sworn statement/solemn declaration and acknowledge the consequences of making an untrue statement.” and

page 55 of 105 [##] “I was not physically present before the person before whom this affidavit was sworn or affirmed but was in that person’s presence using video conferencing.”] SWORN (OR AFFIRMED) BEFORE ME ) at …. ....[commissioner’s city/town]……. …., ) British Columbia on ..........[date].......... . ) ............................................................................ ) .......................................................... ) A commissioner for taking ) affidavits for British Columbia ) ....[print name or affix stamp of commissioner]....

page 56 of 105 FORM F16 (RULE 6-6 (1) ) Court File No.: ......................... Court Registry: ..........................

In the Supreme Court of British Columbia Claimant: Respondent: AFFIDAVIT OF ORDINARY SERVICE [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] I, ................[ name]................, of ....................[ address]...................., ................[ occupation]................, SWEAR (OR AFFIRM) THAT: On ................[ date]................, at ................[ time of day ]................, I served ................[ name of person served]................ with the ................[ type of document, e.g. notice of family claim, petition, etc. ]................ in this family law case, a copy of which is attached to this affidavit and marked as Exhibit A, by ................[state means of service]................ . [The following paragraphs must be included if the affidavit was sworn or affirmed by video conference: [#] “I acknowledge the solemnity of making a sworn statement/solemn declaration and acknowledge the consequences of making an untrue statement.” and [##] “I was not physically present before the person before whom this affidavit was sworn or affirmed but was in that person’s presence using video conferencing.”] SWORN (OR AFFIRMED) BEFORE ME ) at …. ....[commissioner’s city/town]……. …., ) British Columbia on ..........[date].......... . ) ............................................................................ ) .......................................................... ) A commissioner for taking ) affidavits for British Columbia ) ....[print name or affix stamp of commissioner]....

page 57 of 105 FORM F19 (RULE 7-1 (7) ) Court File No.: ......................... Court Registry: .......................... In the Supreme Court of British Columbia Claimant: Respondent: NOTICE OF JUDICIAL CASE CONFERENCE [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] Filed by: ........................[party(ies)]........................ TAKE NOTICE THAT a judicial case conference will be held at the following place, date and time: Address of courthouse: Date: Time: The parties and their lawyers are required to attend.

The purpose of the judicial case conference is to consider matters, set out in Rule 7-1 (15) of the Supreme Court Family Rules, that may aid in the settlement or other disposition of the family law case. At the judicial case conference, the judge or associate judge may give directions concerning the conduct of the family law case generally in accordance with Rule 7-1 (15) of the Supreme Court Family Rules. TAKE NOTICE that no notice of application or affida vit in support of an application may be served on another party unless a judicial case conference ha s been conducted (except applications under

section 91 of the Family Law Act, applications by consent, applications without notice and applications to change, suspend or terminate final orders). Contact information for each party: [name of party] [name of counsel if applicable] [address for delivery] [telephone and fax/e-mail] [name of party] [name of counsel if applicable] [address for delivery] [telephone and fax/e-mail] Date: ............................................ ........................................................................... ....... Signature of [ ] filing party [ ] lawyer for filing party(ies) ...........................[ type or print name]....................

page 58 of 105 FORM F19.1 (RULE 7-1 (13.1), 7.1-2 (4), 14-3 (7), 22-6

(5) AND 22.1-1 (4) ) Court File No.:………………………. Court Registry………….……………. In the Supreme Court of British Columbia Claimant: Respondent: REQUISITION – METHOD OF ATTENDANCE [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] Filed by: ........................[party(ies)]........................

Required: [ ] Order to exempt ............... [ name of party] ............... from attending: [ ] judicial case conference on ............... [ date]............... at ............... [location]............... [Rule 7-1 (13.1)] [ ] case planning conference on ............... [ date] ............... at ............... [location]............... [Rule 7.1-2 (4)] [ ] trial management conference on ............... [ date] ............... at ............... [location]............... [Rule 14-3 (7)] [ ] Order to permit attendance [ ] in person or by way of [ ] video conference or [ ] telephone by ..................... [name of lawyer or party] ..................... at the: [ ] judicial case conference on ............... [ date]............... at ............... [location]............... [ ] case planning conference on ............... [ date] ............... at ............... [location]............... [ ] trial management conference on ............... [ date] ............... at ............... [location]............... [Rule 14-3 (7)] [ ] Order that the following application be hear d [ ] in person or by way of [ ] video conference [ ] telephone or [ ] other communication medium [please specify below]: ............... [ identify application (including filing date, a brief description of the orders sought, time estimate, date scheduled and location)] ............... [Rule 22-6 (5)] [ ] Order that the following hearing before a r egistrar be heard [ ] in person or by way of [ ] video conference [ ] telephone or [ ] other communication medium [please specify below]: ............... [ identify hearing, date scheduled and location] ............... [Rule 22-6 (5)] [ ] Order that the following application, conference or hearing be heard in person: ..............[ identify application (including filing date, a brief description of the orders sought and time estimate), conference or hearing; date scheduled and location].............. [Rule 22.1-1 (4)]

page 59 of 105 This order/relief is sought because: [ Set out the reasons why the order or relief is sought] Position of the other party(ies): [ State whether other parties have a position with respect to this application] Contact information and role for any person wh ose participation is to be by video conference or telephone: [ Provide email address and telephone number] ........................[name]............................. ...............[ e-mail]...................... .......................[telephone]......................

Role [Select] [ ] Counsel of Record [ ] Alternate Counsel [ ] Party [ ] Other/Non-Party …….[ please specify]……….. Date: .................................... .............................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) ........................[type or print name]........................

ORDER BY ENDORSEMENT (to be completed by a judge, associate judge or registrar) Order granted [ ] / refused [ ] Conditions or directions: .............................................................................................. .............................................................................................. Endorsed: Judge/Associate Judge/Registrar ............... Date .............................

page 60 of 105 FORM F19.3 Court File No.: ………………………. Court Registry………….……………. In the Supreme Court of British Columbia Claimant: Respondent: ________________________________________________________________________ CASE PLAN PROPOSAL (RULE 7.1-1 (6) ) ________________________________________________________________________ [name of party] [name of counsel if applicable] [address for delivery] [telephone and fax/e-mail] [name of party] [name of counsel if applicable] [address for delivery] [telephone and fax/e-mail] Date and Time of Case Planning Conference:……………. Place of Case Planning Conference:……………………....... Case Plan Proposal provided by:………………………..

page 61 of 105 FORM F19.3 (RULE 7.1-1 (6) ) Court File No.: ......................... Court Registry: .......................... In the Supreme Court of British Columbia Claimant: Respondent: CASE PLAN PROPOSAL [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] Party submitting this case plan proposal: ..............................................

Indicate the party’s proposal with respect to the following steps: Item Step If parties agree, step agreed to and its timing [set out details or refer to attachment] If parties disagree, party’s proposal respecting step and its timing [set out details or refer to attachment] 1 Discovery of documents [when list is to be produced, where documents are to be made available for inspection, electronic document protocol, etc.] 2 Examinations for discovery [person to be discovered, date of discovery, duration of discovery, etc.] 3 Obtaining the views of a child [views of the child reports] 4 Dispute resolution procedures under

Part 11 of the Supreme Court Family Rules [what procedures to be used and when, etc.] 5 Expert witnesses [area of expertise of expert, date report to be served, etc.] 6 Witness Lists [date list to be served] 7 Trial Type

page 62 of 105 8 Estimated trial length 9 Preferred period(

s) for trial date 10 Other [specify] Date: ...................................... ..................................................................................... Signature of [ ] filing party [ ] lawyer for filing party(ies) ............................[type or print name]………………………..

page 63 of 105 FORM F30 (RULE 10-4

(2) AND (7) ) This is the .....[1st/2nd/3rd/etc.]..... affidavit of .............[name]............. in this case and was made on .......[date]......... Court File No.: ......................... Court Registry: ..........................

In the Supreme Court of British Columbia Claimant: Respondent: AFFIDAVIT [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] I, ................[name]................, of ................[address]................, ........[occupation]........, SWEAR (OR AFFIRM) THAT: 1 2 3 [The following paragraphs must be included if the affidavit was sworn or affirmed by video conference: [#] “I acknowledge the solemnity of making a sworn statement/solemn declaration and acknowledge the consequences of making an untrue statement.” and [##] “I was not physically present before the person before whom this affidavit was sworn or affirmed but was in that person’s presence using video conferencing.”] SWORN (OR AFFIRMED) BEFORE ME ) at …. ....[commissioner’s city/town]……. …., ) British Columbia on ..........[date].......... . ) ............................................................................ ) .......................................................... ) A commissioner for taking ) affidavits for British Columbia ) ....[print name or affix stamp of commissioner]....

page 64 of 105 [The following endorsement must be completed if required under Rule 10-4 (7) of the Supreme Court Family Rules.] ENDORSEMENT OF INTERPRETER [if applicable] I, ................[name]................, of ................[address]................, ................[occupation]................ certify that: 1 I have a knowledge of the English and ........ ................ languages and I am competent to interpret from one to the other. 2 I am advised by the person swearing or affi rming the affidavit and believe that the person swearing or affirming the affidavit understands the ........................ language. 3 Before the affidavit on which this endorsement appears was made by the person swearing or affirming the affidavit I correctly interpreted it for the person swearing or affirming the affidavit from the English language into the ........................ language and the person swearing or affirming the affidavit appeared to fully understand the contents.

Date: ..................................... .................................................................................. Signature of interpreter

page 65 of 105 FORM F31 (RULE 10-6 (3) ) Court File No.: ......................... Court Registry: .......................... In the Supreme Court of British Columbia Claimant: Respondent: NOTICE OF APPLICATION [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] Name(

s) of applicant(s): .................................................................. To: ..................[name(

s) of party(ies) or person(

s) affected].................. TAKE NOTICE that an application wi ll be made by the applicant(

s) to the presiding judge or associate judge at the courthouse at ......................[ address of registry in which the family law case is being conducted]...................... on ................[ date].................at ........[ time of day ]........ for the order(

s) set out in

Part 1 below. The applicant(

s) estimate(

s) that the application will take ...........[time estimate]........... . [Check whichever one of the following boxes is correct.] [ ] This matter is within the ju risdiction of an associate judge. [ ] This matter is not within the jurisdiction of an associate judge.

Part 1: ORDER(

S) SOUGHT [Using numbered paragraphs, set out the order(

s) that will be sought at the application and indicate against which party(ies) the order(

s) is(are) sought.] 1 2

Part 2: FACTUAL BASIS [Using numbered paragraphs, set out a brief

summary of the facts supporting the application.] 1 2 [If any party sues or is sued in a re presentative capacity, identify the party and describe the representative capacity.]

Part 3: LEGAL BASIS [Using paragraphs numbered sequentially from

Part 2 above, specify any rule or other enactment relied on and provide a brief

summary of any other legal arguments on which the applicant(

s) intend(

s) to rely in support of the orders sought.]

page 66 of 105 3 4

Part 4: MATERIAL TO BE RELIED ON [Using numbered paragraphs, list the affidavits served with the notice of application and any other affidavits and other documents already in the court file on which the applicant(

s) will rely. Each affidavit included on the list must be identified as follows: “ Affidavit #........[sequential number, if any, recorded in the top right hand corner of the affidavit]........ of ......................[name]......................, made ........[date]........”.] 1 2 TO THE PERSONS RECEIVING THIS NOTI CE OF APPLICATION: If you wish to respond to this notice of application, you must, within the time for response to application described below, (

a) file an application response in Form F32, (

b) file the original of every affida vit, and of every other document, that (

i) you intend to refer to at the hearing of this application, and (ii) has not alread y been filed in the family law case, and (

c) serve on the applicant 2 copies of the foll owing, and on every other party one copy of the following: (

i) a copy of the filed application response; (ii) a copy of each of the filed affidavits an d other documents that you intend to refer to at the hearing of this application and that has not already been served on that person; (iii) if this application is br ought under Rule 11-3, any notice that you are required to give under Rule 11-3 (9). Time for response to application The documents referred to in paragraph (

c) above must be served in accordance with that paragraph, (

a) unless one of the following pa ragraphs applies, within 5 business days after service of this notice of application, (

b) if this application is brou ght under Rule 11-3, within 8 busi ness days after service of this notice of application, and (

c) if this application is br ought to change, suspend or terminate a final order, 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 arbitrat ion award filed under Rule 2-1.2 (1), within 14 business days after service of this notice of application. Date: ............................................ ........................................................................... ....... Signature of [ ] applicant [ ] lawyer for applicant(s) ...........................[ type or print name]..........................

page 67 of 105 To be completed by the court only: Order made [ ] in the terms requested in paragraphs ...................... of

Part 1 of this notice of application [ ] with the following variations and additional terms: ......................................................................................................... ......................................................................................................... ......................................................................................................... .................. Date: ............................. ....................................................

Signature of [ ] Judge [ ] Associate Judge APPENDIX [The following information is provided for data collection purposes only and is of no legal effect.] THIS APPLICATION INVOLVES THE FOLLOWING: [Check the box(es) below for the application type(

s) included in this application.] [ ] discovery: comply with demand for documents [ ] discovery: production of additional documents [ ] other matters concerning document discovery [ ] extend oral discovery [ ] other matter concerning oral discovery [ ] amend pleadings [ ] add/change parties [ ]

summary judgment [ ]

summary trial [ ] service [ ] interim order [ ] change order [ ] adjournments [ ] proceedings at trial [ ] appointment of additional expert(s): financial matters [ ] other matters concerning experts [ ] none of the above

page 68 of 105 FORM F32.1 (RULE 15-1 (3.1) ) Court File No.: ........... Court Registry: .......... In the Supreme Court of British Columbia Claimant: Respondent: ORDER SIGNING INSTRUCTIONS [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] Notice to: .................................... You are requested to sign the attached draft order made by Judge/Associate Judge ......... on .............[ date].............

I have drafted the order consistent with the terms prescribed by the judge/associate judge as stated on the court record. [ Check whichever one of the following boxes is correct and provide any required information.] [ ] I have attached the clerk’ s notes relating to the order of the judge/associate judge [ ] I have not attached the clerk ’s notes relating to the order of the judge/associate judge for the following reason(s): .....[briefly state the reasons]..... You are requested to return the sign ed order within 14 days of receip t. Signing the order does not preclude your right to appeal.

If you disagree with the accura cy of the terms in the order you are required to deliver your written objections to me within 14 days of receiving the order. I will consider your objections and if we are unabl e to agree on terms to be included in the order an appointment to settle the order may be filed in accordance with Rule 15-1 (13). If the signed order is not returned to me, or written objection(

s) to any of the terms are not delivered to me, within 14 days of receipt, the order may be submitted for entry in accordance with Rule 15-1 (3.4). Date Sent: ..........................

page 69 of 105 FORM F37 (RULE 10-10 (2) ) This is the .....[1st/2nd/3rd/etc.]..... affidavit of .............[name]............. in this case and was made on .......[date]......... Court File No.: ......................... Court Registry: ..........................

In the Supreme Court of British Columbia Claimant: Respondent: CHILD SUPPORT AFFIDAVIT [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] [Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.] I, ...............[ name]................, of ................................[ address]................................, ................[occupation]................, SWEAR (OR AFFIRM) THAT: 1 I am the ................[ claimant/respondent]................ . 2 The following is true to the best of my information and belief: (

a) Parties: Claimant’s name Province of residence Respondent’s name Province of residence (

b) Children: [Where options are provided in the table to this paragraph, select whichever one of the options is correct and remove the option that has not been select ed so that it does not appear in the form when the form is filed.] Child’s name Birthdate [date] Age Child now living with Relationship to claimant Relationship to respondent claimant respondent natural child step-child natural child step-child claimant respondent natural child step-child natural child step-child claimant respondent natural child step-child natural child step-child claimant respondent natural child step-child natural child step-child

page 70 of 105 [Select whichever one of the 3 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.] 3 The ........[ notice of family claim/counterclaim]........ includes a claim for a child support order. 3 The ........[ notice of family claim/counterclaim]........ included a claim for a child support order but that claim has been withdrawn. 3 The ........[ notice of family claim/counterclaim]........ never included a claim for a child support order. [Provide the information required under the child support guidelines (the “Guidelines”) by selecting and completing one or more of sections 4a, 4b and 4c that relate to that information and removi ng any sections that do not relate to information required under the Guidelines so that that/those section(

s) do not appear in the form when the form is filed.] 4a Claimant’s annual income as determined under sections 15 to 20 of the Guidelines: $............. . 4b Respondent’s annual income as determined under sections 15 to 20 of the Guidelines: $............. . 4c The claimant and th e respondent have entered into an agreement as to income pursuant to

section 15 (2) of the Guidelines, a cop y of which agreement is attached. [ Attach a copy of the agreement to this affidavit and provide explanation if the agreed amount is not in line with the Guidelines.] [Select whichever one of the following 2 provisions is correct, complete the selected provision and remove the provision that has not been selected so that it does not appear in the form when the form is filed.] 5 The monthly amount in

Schedule 1 of the Gui delines is $............., payable by the ................[claimant/respondent]................ . 5 I have completed and attached to th is affidavit .......... . [Set out one or more of the following as applicable: Supplementary Child Support Fact Sh eet B / Supplementary Child Supp ort Fact Sheet C / Supplementary Child Support Fact Sheet D / Supplementary Child Support Fact Sheet E / Supplementary Child Support Fact Sheet F] [Note: Attach Supplementary Child Support Fact Sheet B if the circumstances described in

section 9 of the child support guidelines exist, attach Supplementary Child Support Fact Sheet C if the circumstances described in

section 8 of the child support guidelines exist, attach Supplementary Child Support Fa ct Sheet D if one or more children is over the age of majority, attach Supplementary Child Support Fact Sheet E if undue hardship is alleged and attach Supplementary Child Support Fact Sheet F if at least one of the party’s income exceeds $150,000.

Do not attach any Supplementary Child Support Fact Sheet unless it is one required by this note to be attached.] [Select whichever one of the 5 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.] 6 The proposed order sets out that $............... . is the amount of child support payable by the ........[claimant/respondent]........, which amount accords with the child support guidelines. 6 The proposed order by consent, pursuant to

section 15.1 (7) of the Divorce Act (Canada) or

section 150 (2) of the Family Law Act , sets out that $................ is the amount of child support payable by the ........[claimant/respondent]........, which amount is different than the amount required by the Guidelines. 6 The proposed order sets out that $............... . is the amount of child support payable by the ........[claimant/respondent]........, which amount is different than the amount required by the Guidelines, but the foll owing special provisions, within th e meaning of

section 15.1 (5) of the Divorce Act (Canada), have been made: .................................. .

page 71 of 105 6 The proposed order sets out that $............. . is the amount of child support payable by the ........[claimant/respondent]........, in accordance with the agreement referred to in

section 4 (

c) of this affidavit. 6 The proposed order does not include child su pport but the following arrangements have been made for the support of the child: ................................................................................ . [Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.] 7 The expenses under

section 7 of the Guidelines are not included in the proposed order. 7 I have completed and attached to this affidavit Su pplementary Child Support Fact Sheet A, and the amount set out in the proposed order for th e expenses under

section 7 of the Guidelines (“section 7 expenses”) is $............. . [Select whichever one or more of the 3 following provisions is/are correct and remove the provision(

s) that has/have not been selected so that it/they do(es) not appear in the form when the form is filed.] 8a Medical coverage is available for the children under the claimant’s medical insurance plan. 8b Medical coverage is available for the children under the respondent’s medical insurance plan. 8c Medical coverage is not available for the children under either of the part y’s medical insurance plans. [Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.] 9 There is no order of any court in force dealing with support of the children. 9 Attached as Exhibit(s) ..........[ A, B, C, D, as the case may be]...............[is/are]..... the order(

s) in force that deal(

s) with the support of the children. [Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.] 10 There is no agreement dealing with support of the children. 10 Attached as Exhibit(s) ....[ A, B, C, D, as the case may be ].... .....[is/are].... the written agreement(

s) that deal(

s) with the support of the children. 11 The amount of arrears of child support, as at ........[ date]........, under any existing order or written agreement is .......[nil/ $.....]....... . [The following paragraphs must be included if the affidavit was sworn or affirmed by video conference: [#] “I acknowledge the solemnity of making a sworn statement/solemn declaration and acknowledge the consequences of making an untrue statement.” and

page 72 of 105 [##] “I was not physically present before the person before whom this affidavit was sworn or affirmed but was in that person’s presence using video conferencing.”] SWORN (OR AFFIRMED) BEFORE ME ) at …. ....[commissioner’s city/town]……. …., ) British Columbia on ..........[date].......... . ) ) ............................................................................ .......................................................... ) A commissioner for taking ) affidavits for British Columbia ) ....[print name or affix stamp of commissioner].... SUPPLEMENTARY CHILD SUPPORT FACT SHEET A – SPECIAL OR EXTRAORDINARY EXPENSES

Section 7 expenses (net of tax credits and contributions from child(ren), etc.) Annual Monthly (

a) Child care expenses (

b) Portion of medical and dental premiums attributable to the child(ren) (

c) Health related expenses that exceed insurance reimbursement by at least $100 (

d) Extraordinary primary, secondary or other educational expenses (

e) Post-secondary school expenses (

f) Extraordinary extracurricular activities expenses (

g) Total

Section 7 expenses Parties’ respective proportionate shares of the total net monthly

Section 7 expenses referred to at line (

g) above: % Amount Claimant’s proportionate share Respondent’s proportionate share

page 73 of 105 Total monthly child support payable by the ..........[ claimant/respondent].......... after taking into account the monthly Guidelines table amount under

Schedule 1 of the Guidelines and the

Section 7 expenses is $.......... . SUPPLEMENTARY CHILD SUPPORT FACT SHEET B – IF THE CIRCUMSTANCES DESCRIBED IN

SECTION 9 OF THE CHILD SUPPORT GUIDELINES EXIST Claimant Respondent Number of children = .......... Approximate percentage of time children spend with each parent % % Annual Guidelines income [determine amount under sections 15 to 20 of the Guidelines] $ $ Guidelines table amount [use applicable amount from

Schedule 1 of the Guidelines] $ $ Difference between the Guidelines table amount of the claimant and the Guidelines table amount of the respondent $..........

Section 7 expenses paid directly by each party $ $ Any other relevant information regarding the conditions, means, needs and other circumstances of each spouse or of any child for whom support is sought: ................................................................................... It is proposed that child support in the amount of $......... per month be paid by the ...............[claimant/respondent]............... .

page 74 of 105 SUPPLEMENTARY CHILD SUPPORT FACT SHEET C – IF THE CIRCUMSTANCES DESCRIBED IN

SECTION 8 OF THE CHILD SUPPORT GUIDELINES EXIST (

a) Number of children principally resident with claimant for whom support is claimed (

b) Respondent’s annual Guidelines income [ determine amount under sections 15 to 20 of the Guidelines] $ (

c) Guidelines table amount paya ble by respondent for ..........[insert number from paragraph (a)].......... children $ (

d) Number of children principally resident with respondent for whom the claimant is obliged to pay support (

e) Claimant’s annual Guidelines income [ determine amount under sections 15 to 20 of the Guidelines] $ (

f) Guidelines table amount paya ble by claimant for ..........[insert number from paragraph (d)].......... children $ Difference between Guidelines table amounts: ..........[difference between paragraphs (

c) and (f)].......... SUPPLEMENTARY CHILD SUPPORT FACT SHEET D – CHILD 19 YEARS OR OLDER (

a) Number of child(ren) 19 years of age or older for whom support is claimed: .......... (

b) Child support is to be paid by the ..........[claimant/respondent].......... (the “payor”) (

c) Monthly Guidelines table amount of the payo r under

Schedule 1 of the Guidelines: $......... [Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.] The person swearing this affidavit says that the Guidelines table amount is appropriate.

The person swearing this affidavit says that the Guidelines tabl e amount is inappropriate and that the appropriate amount wo uld be $...... for the following reasons: ................[ Give reasons to justify the proposed amount, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent and the child to contribute to the support of the child.]................ . SUPPLEMENTARY CHILD SUPPORT FACT SHEET E – UNDUE HARDSHIP [Complete this form only if it applies to you under

section 10 (3) and (4) of the Guidelines.] 1 Responsibility for unusually high debts reasonably incurred to support the family before separation or in order to earn a living Owed to Terms of debt Monthly Amount

page 75 of 105 • [list] • [provide details] $................. $................. 2 Unusually high expenses for exercising parenting time or contact with, or access to, a child DETAILS OF EXPENSE • [list] $................. $................. 3 Legal duty under a court order or se paration agreement to support another person Name of person Relationship Nature of duty 4 Legal duty to support a child, other than a child for whom support is claimed, who is (

a) under age 19, or (b) 19 or older but unable to be self- supporting because of illness, disability or other cause Name of person Relationship Nature of duty 5 Legal duty to support a person who is unable to be self- supporting because of illness or disability Name of person Relationship Nature of duty 6 Other undue hardship circumstances [ provide details] INCOME OF OTHER PERSONS IN HOUSEHOLD Name of person Annual income

page 76 of 105 Total SUPPLEMENTARY CHILD SUPPORT FACT SHEET F – INCOME OVER $150,000 1 Total number of children for whom support is claimed = .......... 2 Guidelines table amount for $150,000 = $.......... 3 Plus ..........% of income over $150,000 [determine applicable percentage from the Guidelines table] = $.......... 4 Guidelines table amount [Total amount of lines 2 and 3] $.......... [Select whichever one of the 4 following provisions is co rrect, provide any required information and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.] We have agreed on the Guidelines table amount set out in line 4 above as the amount of child support.

We have agreed on an amount of child support th at differs from the Guidel ines table amount and the amount of child support agreed on (

a) is $ ............., and (

b) differs from the Guidelines ta ble amount because ..........[ provide details, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent and the child to contribute to the support of the child]......... . We have not agreed on an amount of child support and the amount of child support the claimant is claiming is the Guidelines table amount set out in line 4 above. We have not agreed on an amount of child support and the amount of child support the claimant is claiming (

a) is $............. , and (

b) differs from the Guidelines ta ble amount because ..........[ provide details, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent and the child to contribute to the support of the child]….......... .

page 77 of 105 FORM F38 (RULE 10-10 (2) ) This is the ......[1st/2nd/3rd/etc.]...... affidavit of ..............[name].............. in this case and was made on .........[date]......... Court File No.: ......................... Court Registry: ..........................

In the Supreme Court of British Columbia Claimant: Claimant 1 [joint family law case]: Respondent: Claimant 2 [joint family law case]: AFFIDAVIT – DESK ORDER DIVORCE [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] [Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.] I, ................[ name]................, of ................................[ address]................................, ................[occupation]................, SWEAR (OR AFFIRM) THAT: 1 I am ..........[ the claimant/the respondent/Claimant 1/Claimant 2].......... . 2 There is no possibility of reconciliation between my spouse and me. [ Select whichever one of the 2 following provisions is correct and remove the provision that has not been selected so that it does not appear in the form when the form is filed.] 3 I believe that the facts set out in the notice of family claim are true. 3 I believe that the facts set out in the resp onse to family claim and counterclaim are true. [Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.] 4 The certificate of marriage or certified copy of the registration of marriage filed in this family law case fully and correctly describes the true particulars of the marriage. 4 It is impossible to obtain a certificate of marriage or a cert ified copy of the registration of marriage and instead, in accordan ce with

section 52 (1) (

a) of the Evidence Act, I refer to the affidavit of ................[ name]................, a person who was present at the marriage ceremony, which affidavit is filed in this family law case. [Select whichever one of the 4 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]

page 78 of 105 5 [ Select this provision if the grounds for divorce are separation for more than one year.] I was living separate and apart from my spouse at the start of this family law case and I have lived separate and apart from my spouse since ........ [date]........, except: ................[ provide dates of any periods of attempted reconciliation]................ . 5 [ Select this provision if the grounds for divorce are adultery of a spouse and there has been an admission of adultery.] My spouse has admitted to me that .....[ name of spouse ]..... committed the acts of adultery alleged in

Schedule 1 of the ................[notice of family claim/counterclaim]................ and (

a) as corroboration I refer to ..........[ Set out whichever one of the following is applicable: the affidavit(

s) of ................[ name(s)]................, / the transcript of the examination for discovery of ................[name]................ marked as Exhibit “A” to this affidavit] .......... , (

b) I have not condoned the condu ct of my spouse that is allege d as the grounds for divorce in that I have not forgiven my spouse for that condu ct, nor have I encouraged or acquiesced in that conduct. 5 [ Select this provision if the grounds for divorce are adultery of a spouse and there has been no admission of adultery.] I have no personal knowledge of the acts of adultery alleged in

Schedule 1 of the ..........[notice of family claim/counterclaim].......... and (

a) in proof of the adul tery committed by my spouse I refer to ..........[Set out whichever one of the following is applicable: the affidavit(

s) of ................[ name(s)]................, / th e transcript of the examination for discovery of ................[name]................ marked as Exhibit “A” to this affidavit].......... , (

b) I have not condoned the condu ct of my spouse that is allege d as the grounds for divorce in that I have not forgiven my spouse for that condu ct, nor have I encouraged or acquiesced in that conduct. 5 [ Select this provision if the grounds for divorce are physical or mental cruelty of a spouse .] My spouse has treated me with physical or mental cruelty si nce the date of the marriage as follows: ................[provide details]................ . 6 I am neither directly nor indirectly a party to an agreement or conspiracy for the purpose of subverting the administration of justice, or to any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court. [Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.] 7 There are no children of th e marriage as defined by the Divorce Act (Canada). 7 There are children of the marriage as defined by the Divorce Act (Canada) and (

a) those children are ..........[ provide the full name, age and birth date of each child of the marriage]................, (

b) I have sworn a child support affidavit in Form F37, and (

c) the following arra ngements for parenting have been made: ............................[ provide details]................ . [Select and complete the following provision if you are seeking a change of name for yourself. If you are not seeking a change of name for yourself, remove this provision so that it does not appear in the form when the form is filed.]

page 79 of 105 8 Pursuant to

section 5 of the Name Act , I am seeking to chan ge my name from ............................................ to .................. ........................ . This application for a name change relates only to myself. [Select and complete the following provision if you are seeking a change of name for one or more minor children. If you are not seeking a change of name for one or more minor childre n, remove this provision so that it does not appear in the form when the form is filed. Renumber this provision as se ction 8 if you are seeking a change of name for one or more minor children and have not included a

section 8 immediately before this provision.] 9 Pursuant to

section 5 of the Name Act , I am seeking to change th e name(

s) of the minor child(ren) of the marriage as fo llows, and a copy of the conse nt(

s) to the change(

s) of name referred to in this

section of .....................[ name]................. who is/are ...............[ relationship to child(ren)]................. is/are attached to this affidavit and marked as Exhibit(s) ....[ A, B, C, D, as the case may be].... . [Complete the following for each minor child of the marriage for whom a name change is sought.] from ................................................ to: ................................................. [The following paragraphs must be included if the affidavit was sworn or affirmed by video conference: [#] “I acknowledge the solemnity of making a sworn statement/solemn declaration and acknowledge the consequences of making an untrue statement.” and [##] “I was not physically present before the person

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 378/2024
Type	order_in_council
Volume / chapter	arc oic 0378 2024
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	a93c798911f62f1a41a9d2f3777025c3fadefc15

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