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Volume 53, No. 11

B.C. Reg. 146/2010

The British Columbia Gazette,

Part II

June 15, 2010

B.C. Reg. 146/2010 , deposited June 14, 2010, pursuant to the COURT RULES ACT [Section 1] and the SMALL CLAIMS ACT [Section 20 (3)]. Order in Council 337/2010, approved and ordered June 11, 2010.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective July 1, 2010, the Small Claims Rules, B.C. Reg. 261/93, is amended as set out in the attached Schedule.

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

Schedule

1 Rule 17 (18) of the Small Claims Rules, B.C. Reg. 261/93, is repealed and the following substituted:

Supreme Court Civil Rules

(18) Only the following Supreme Court Civil Rules apply to proceedings under the Small Claims Act :

(

a) Rule 10-1 [Detention, Preservation and Recovery of Property] ;

(

b) Rule 10-3 [Interpleader] ;

(

c) Rule 13-2 (4) (only as to writs of delivery) and (7) [Enforcement of Orders] ;

(

d) Rule 20-2 [Persons Under Disability] , except Rule 20-2 (4);

(

e) Rule 20-2 (4) (only as to personal injury cases).

2 Rule 18 (12) (

c) is repealed and the following substituted:

(

c) in accordance with Rules 4-2 (6) and 23-3 (17) and (18) of the Supreme Court Civil Rules as those Rules apply under Rule 22 (1) of these Rules.

3 Rule 22 (1) and (2) is repealed and the following substituted:

Rule 22 – Electronic Filing Rule

Application of Supreme Court Civil Rules

(1) Rules 4-2 (6) and 23-3 (1) to (3), (4) (a), (6) to (11), (12) to (14) and (16) to (18) of the Supreme Court Civil Rules apply to a claim under these rules.

Qualifications

(2) For the purposes of subrule (1) of this rule,

(

a) a reference to Form 119 in Rule 23-3 (6) of the Supreme Court Civil Rules, as that rule applies under subrule (1) of this rule, is deemed to be a reference to Form 28 of these rules, and

(

b) a reference to affidavits in Rule 23-3 (11) of the Supreme Court Civil Rules, as that rule applies under subrule (1) of this rule, is deemed to exclude reference to affidavits of service under these rules.

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