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Volume 57, No. 12

120/2014

The British Columbia Gazette,

Part II

July 1, 2014

B.C. Reg. 120/2014 , deposited June 23, 2014, under the COURT RULES ACT [section 1]. Order in Council 409/2014, approved and ordered June 20, 2014.

On the recommendation of the undersigned, made after consultation with the Chief Justice of the Supreme Court, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective July 1, 2014, the Supreme Court Civil Rules, B.C. Reg. 168/2009, are amended as set out in the attached Schedule.

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

Schedule

1 The Supreme Court Civil Rules, B.C. Reg. 168/2009, are amended by adding the following rule:

Rule 2-2 – Tribunal Awards

Definition

(1) In this rule, “tribunal award” means any order, decision, judgment or other determination that, under an enactment, may be filed or registered in the court for enforcement purposes.

Tribunal awards may be filed

(2) A tribunal award may be filed in a registry.

Filing tribunal awards

(3) To file a tribunal award under subrule (2), a certified copy of the tribunal award must be attached to a requisition in Form 17.2 and the requisition must be filed.

2 Rule 5-1 (5) (

a) and (

b) is repealed and the following substituted:

(

a) the party of record who is requesting the case planning conference must, within 14 days after serving the notice of case planning conference,

(

i) file the party’s case plan proposal, and

(ii) serve a copy of the filed case plan proposal on all other parties of record;

(

b) each other party of record must, within 14 days after receipt of the case plan proposal referred to in paragraph (a),

(

i) file the party’s case plan proposal, and

(ii) serve a copy of the filed case plan proposal on all other parties of record.

3 Rule 6-1 (1) is repealed and the following substituted:

(1) Subject to Rules 6-2 (7) and (10) and 7-7 (5), a party may amend the whole or any part of a pleading filed by the party

(

a) once without leave of the court, at any time before service of the notice of trial, or

(

b) after the notice of trial is served, only with

(

i) leave of the court, or

(ii) written consent of the parties.

4 Rule 8-1 (7) is amended by adding “ , other than a party, ” after “ on every other person ”.

5 Rule 8-5 (2) is amended by striking out “ Form 17 ” and substituting “ Form 17.1 ”.

6 Rule 23-3 (5) (b) (ii) is amended by striking out “ record or a petition record; ” and substituting “ record, a petition record or a hearing record; ”.

7 Forms 15 and 16 in Appendix A are repealed and the following substituted:

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 ........[ dd/mmm/yyyy ]........, at ..........[ time of day ].........., I served ...............[ name of person served ]............... with [ Check the correct box(es) 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 family claim between .......... [name(s)] .......... and .......... [name(s)] .......... bearing court stamp dated ........ [dd/mmm/yyyy] ........ , affidavit of ............... [name] ............... sworn ........ [date] ........ and bearing court stamp dated ........ [dd/mmm/yyyy] ........ , 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 ......[ dd/mmm/yyyy ]......, at ........[ time of day ]........ .

SWORN (OR AFFIRMED) BEFORE

ME at ........................., British Columbia

on ..........[ dd/mmm/yyyy ].......... .

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

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

A commissioner for taking

affidavits for British Columbia

....[ print name or affix stamp of commissioner ]....

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 ........[ dd/mmm/yyyy ]........, at ..........[ time of day ].........., I served ...............[ name of person served ]............... with [ Check the correct box(es) 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 family claim between .......... [ name(s) ] .......... and .......... [ name(s) ] .......... bearing court stamp dated ........ [ dd/mmm/yyyy ] ........, affidavit of ............... [ name ] ............... sworn ........ [ date ] ........ and bearing court stamp dated ........ [ dd/mmm/yyyy ] ........, 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. ]

[ ] 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 ]..........

SWORN (OR AFFIRMED) BEFORE

ME at ........................., British Columbia

on ..........[ dd/mmm/yyyy ].......... .

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

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

A commissioner for taking

affidavits for British Columbia

....[ print name or affix stamp of commissioner ]....

8 Form 17 in Appendix A is amended by striking out “ 8-5 (2), ”.

9 Appendix A is amended by adding the following forms:

Form 17.1 (Rule 8-5 (2) )

[Style of Proceeding]

REQUISITION – SHORT NOTICE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

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

Required: an order under Rule 8-5 (1) that the main application be brought on short notice.

This requisition is supported by the following:

[ Include a description of supporting document(s). 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 ........[dd/mmm/yyyy]........”. ]

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

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

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

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

ORDER BY ENDORSEMENT (to be completed by a judge, master or registrar)

Date set for hearing of main application: ................[ dd/mmm/yyyy ].................

Conditions for Service:

Service by applicant of Notice of Application and applicant’s affidavits with this order on the respondent(

s) before ........a.m./p.m......... on ................[ dd/mmm/yyyy ].................

Service of respondent(s)’s Application Response and affidavits on applicant before ........a.m./p.m......... on ................[ dd/mmm/yyyy ].................

Other Conditions:

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

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

Endorsed:

Judge/Master/Registrar....................................................

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

Form 17.2 (Rule 2-2 (3) )

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

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

In the Supreme Court of British Columbia

Claimant:

Respondent:

REQUISITION

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

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

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

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

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