British Columbia Order in Council — Order under Court Rules Effective March 1, 2002, Court of Appeals Rules made (O.C. 1075/2001)

O.C. 1075/2001

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. — 1075 , Approved and Ordered DEC 1 4 2001 s.}‹eutenant 6517671wr Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective March 1, 2002, (

a) the Court of Appeal Rules, B.C. Reg 303/82, are repealed, and (

b) the attached regulation, the "Court of Appeal Rules", be made. Attorney Ge eral and Aflinister Responsible for er of the Executive Council Treaty Negotiations (This

part is for administrative purposes onl and is not part of the Order.) Authority under which Order is made: Act and section:- Court Rules Act,

section 1 Other (specify):- CIL ISco V 35-8 /2001/33 November 20, 2001

COURT OF APPEAL RULES Contents

PART 1 —

INTERPRETATION 1

Definitions 2 Naming of respondents

PART 2 — APPLICATIONS FOR LEAVE TO APPEAL 3 Application for leave to appeal 4 Amendment of notice of application for leave to appeal 5 Filing of notice of appearance by respondent 6 If notice of appearance is not filed 7 Notice of motion and motion book by appellant 8 Reply book by respondent 9 Application for stay of proceedings or stay of execution 10 Service if application for leave to appeal is granted

PART 3 — NOTICES OF APPEAL 11 Notice of appeal 12 Amendment of notice of appeal 13 Filing of notice of appearance by respondent 14 If notice of appearance is not filed

PART 4 — CROSS APPEALS 15 Notice of cross appeal 16 Amendment of notice of cross appeal 17 Filing of notice of appearance by respondent 18 If notice of appearance is not filed

PART 5 — APPEAL PROCEEDINGS 19 Appeal Records 20 Transcripts of evidence 21 Factums 22 Form and content of factums 23 Factums on cross appeal 24 Reply if no cross appeal filed 25 Reply if cross appeal filed 26 Appeal Books 27 Filing of transcript extracts 28 Appeal ready for hearing and certificate of readiness 29 Prehearing conference 30 Points of law and authorities not cited in factum 31 Further evidence

PART 6 — APPLICATIONS 32 Application 33 General requirements for applications to a justice 34 Specific requirements applicable to applications to vary an order of a justice 35 Applications to review an order or direction of the registrar 36 Applications for intervenor status 37 Applications to cross-examine on affidavits 38 Applications for indigent status 1 of 67

PART 7 — PROCEDURE ON APPEALS AND APPLICATIONS 39 Service of documents 40 Books of authorities 41 Written argument 42 Registrar may request estimates of time 43 Notification to registrar 44 Hearings by telephone or videoconference 45 Registrar may change time or place of hearing of appeals and motions 46 Settlements or abandonments

PART 8 — ORDERS 47 Drawing and approving orders 48 Consent orders 49 Settlement of orders when necessary 50 Correction of orders 51 Order book to be kept by registrar

PART 9 — GENERAL 52 Time limits may be extended or abridged 53 Documents for use in court 54 Filing and form requirements 55 Transmission of exhibits to the registrar 56 Indigent litigants 57 Business hours of the registry 58 Practice directives and practice notes

PART 10 — COSTS 59 Costs to be assessed under Appendix B 60 Costs assessed as ia;...eased costs 61 Costs assessed as special costs 62 Special costs as a lump sum 63 Certain duties of the registrar 64 Costs when party uses an employee as the party's lawyer 65 Costs of particular issues or of any part of proceedings 66 Costs out of estate or property 67 Discretion of registrar in specific circumstances 68 Appointment to assess costs 69 Certification of costs and enforcement 70 Review of registrar's decision 71 Consequences for solicitors for unnecessary or wasted costs APPENDIX A — FORMS APPENDIX B — PARTY AND PARTY COSTS 1 Application 2 Scale of costs 3 Value of units 4 Discretion as to costs 5 Apportionment if appeals heard together 6 Preparation if activity does not take place 7 Offer to settle bill of costs TARRIFF OF COSTS 2 of 67

PART 1 —

INTERPRETATION

Definitions 1 In these rules: "Act" means the Court of Appeal Act; "appellant" includes, in the case of an application for leave to appeal, the applicant; "bring an appeal" means bring an appeal within the meaning of

section 14 of the Act; "court appealed from" means the court, judge or tribunal from which an appeal is brought; "document" includes a photograph, film, recording of sound, any record of a permanent or semi-permanent character and any information recorded or stored by means of any device; "file" means file with the registrar in a registry of the court; "party", in relation to a proceeding, means the person bringing the proceeding and each respondent who has filed a notice of appearance in the proceeding; "proceeding" means an application for leave to appeal, an appeal or a cross appeal; "respondent" means a person named as a respondent in a notice of application for leave to appeal or notice of appeal, as the case may be, and includes a person who becomes a respondent under Rule 2 (2); "serve" means serve in accordance with Rule 39.

Naming of respondents 2 (

I) A person preparing a notice of application for leave to appeal under Rule 3, a notice of appeal under Rule 11 or a notice of cross appeal under Rule 15 must name as a respondent to the proceeding every person who could be affected by the order requested.

(2) If a justice considers that a person who was not named as a respondent in a notice of application for leave to appeal, a notice of appeal or a notice of cross appeal could be affected by the order requested, the justice may order that (

a) the person be added as a respondent to the proceeding, (

b) the notice of application for leave to appeal, the notice of appeal or the notice of cross appeal be amended by adding the person as a respondent, and (

c) the notice of application for leave to appeal, the notice of appeal or the notice of cross appeal be served on that respondent.

PART 2 — APPLICATIONS FOR. LEAVE TO APPEAL Application for leave to appeal 3 A person seeking to bring an appeal for which leave to appeal is required must, within the time period set out in

section I4 of the Act, (

a) prepare a notice of application for leave to appeal in Form 1, 3 of 67

(

b) file one copy of that notice of application for leave to appeal for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (

c) unless such service is dispensed with under

section 14 (2) (

b) of the Act, serve one filed copy of the notice of application for leave to appeal on each of the respondents. Amendment of notice of application for leave to appeal 4 A notice of application for leave to appeal may be amended (

a) before the filing of the appellant's motion book under Rule 7, or (

b) after the filing of the appellant's motion book, with leave of a justice. Filing of notice of appearance by respondent 5 After a respondent is served with a notice of application for leave to appeal, the respondent must, within 10 days after being served, (

a) file a notice of appearance in Form 2, and (

b) serve one filed copy of the notice of appearance on the appellant. If notice of appearance is not filed 6 If a respondent who has been served with a notice of application for leave to appeal fails to file a notice of appearance, (

a) the respondent is presumed to take no position on the application, and (

b) unless a justice otherwise orders or these rules otherwise provide, no party to the appeal has any obligation to serve on the respondent any further documents related to the application. Notice of motion and motion book by appellant 7

(1) Within 30 days after filing a notice of application for leave to appeal, the appellant must (

a) prepare (

i) a notice of motion for leave to appeal in Form 3, and (ii) a motion book in Form 4, (

b) file one copy of the notice of motion for leave to appeal and motion book for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (c), and (

c) serve one filed copy of the notice of motion and motion book on each of the other parties.

(2) Unless a justice otherwise orders, the appellant must serve the notice of motion and motion book at least 5 days before the date of the hearing of the application.

(3) If the notice of motion and motion book are not filed under subrule (1) (

b) within 30 days after the date on which the notice of application for leave to appeal is filed, the appellant must not set the application down for hearing without first obtaining leave to proceed from a justice. 4 of 67

Reply book by respondent 8 At least one business day before the date of the hearing of an application for leave to appeal, each respondent who has been served with a filed copy of the notice of motion and motion book under Rule 7 (1) (

c) must (

a) prepare a reply book in Form 5, (

b) file one copy of the reply book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (

c) serve one filed copy of the reply book on each of the other parties. Application for stay of proceedings or stay of execution 9

(1) An applicant for leave to appeal may join, with the application for leave, an application for a stay of proceedings or an application for a stay of execution pending an appeal.

(2) If 2 applications are joined under subrule (1), the following must be modified accordingly: (

a) the notice of motion; (

b) the title on the cover of the motion book; (

c) the memorandum of argument.

(3) A party who wishes to apply for a stay of proceedings or stay of execution that is not joined with an application for leave to appeal must (

a) prepare (

i) a notice of motion in Form 6, and (ii) a motion book in Form 4, (

b) file one copy of the notice of motion and motion book for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (c), and (

c) serve one filed copy of the notice of motion and motion book on each of the other parties. Service if application for leave to appeal is granted 10

(1) Unless a justice otherwise orders, if an application for leave to appeal is granted, the appellant must, if one or more of the respondents failed to file a notice of appearance in accordance with Rule 6, serve one copy of the order granting leave to appeal on each of the respondents who had failed to file a notice of appearance in accordance with Rule 6.

(2) Within 10 days after being served under subrule (1) with the order granting leave, a respondent must, (

a) file a notice of appearance in Form 2, and (

b) serve one filed copy of the notice of appearance on the appellant. (3 ) If a respondent who was served under subrule (1) with the order granting leave fails to file a notice of appearance on or before the date required under subrule (2), (

a) the respondent is presumed to take no position on the appeal, and 5 of 67

(

b) unless a justice otherwise orders or these rules otherwise provide, no party to the appeal has any obligation to serve any further documents related to the appeal on the respondent.

PART 3 — NOTICES OF APPEAL Notice of appeal 11 A person seeking to bring an appeal for which leave is not required must, within the time period set out in

section 14 of the Act, (

a) prepare a notice of appeal in Form 7, (

b) file one copy of that notice of appeal for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (

c) unless such service is dispensed with under

section 14 (2) (

b) of the Act, serve one filed copy of the notice of appeal on each of the respondents. Amendment of notice of appeal 12 A notice of appeal may be amended (

a) before the filing of the appellant's factum under Rule 21 (1) (b), or (

b) after the filing of the appellant's factum, with leave of a justice. Filing of notice of appearance by respondent 13 Within 10 days after being served with a notice of appeal, the respondent must (

a) file a notice of appearance in Form 2, and (

b) serve a filed copy of the notice of appearance on the appellant. If notice of appearance is not filed 14 If a respondent who has been served with a notice of appeal fails to file a notice of appearance, (

a) the respondent is presumed to take no position on the appeal, and (

b) unless a justice otherwise orders or these rules otherwise provide, no party to the appeal has any obligation to serve any further documents related to the appeal on the respondent.

PART 4 — CROSS APPEALS Notice of cross appeal 15 A respondent seeking to bring a cross appeal must, within the time period set out in

section 15 (2) of the Act, (

a) prepare a notice of cross appeal in Form 8, (

b) file one copy of the notice of cross appeal for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (

c) unless such service is dispensed with under

section 15 (2) of the Act, serve one filed copy of the notice of cross appeal on each of the appellant and the otha respondents. 6 of 67

Amendment of notice of cross appeal 16 A notice of cross appeal may be amended (

a) before the filing of the factum of the respondent bringing the cross appeal, or (

b) after the filing of the factum of the respondent bringing the cross appeal, with leave of a justice. Filing of notice of appearance by respondent 17 A person served with a notice of cross appeal who is not already a party to the appeal must (

a) file a notice of appearance in Form 2, and (

b) serve a filed copy of the notice of appearance on each of the other parties. If notice of appearance is not filed 18 If a person who is required under Rule 17 to file a notice of appearance fails to do so, (

a) the person is presumed to take no position on the cross appeal, and (

b) no party to the appeal has any obligation to serve any further documents related to the appeal or cross appeal on the person.

PART 5 — APPEAL PROCEEDINGS Appeal Records 19 Within 60 days after bringing an appeal, the appellant must (

a) prepare an Appeal Record in Form 9, (

b) file 4 copies of that Appeal Record for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (

c) serve one filed copy of the Appeal Record on each of the other parties. Transcripts of evidence 20

(1) If oral testimony was presented in the court appealed from, the appellant must, within 60 days after bringing the appeal, (

a) obtain a transcript of the oral testimony, (

b) file one paper copy of that transcript for use by the court plus such additional paper copies as are required for the purposes of paragraph (d), (

c) file one electronic copy of the transcript, (

d) serve one filed paper copy of the transcript on each of the other parties, and (

e) serve on each party who requests it an electronic copy of the transcript.

(2) The format of the paper and electronic transcripts must comply with the format of transcripts produced for the court as set out in the B.C. Court Transcription manual, as amended from time to time.

(3) The parties may exclude from the transcript any testimony that all parties agree to exclude. 7 of 67

(4) Any party may apply to the registrar to settle the contents of the transcript. Factums 21

(1) Unless a justice otherwise orders, the appellant must, within 30 days after filing the Appeal Record, (

a) prepare a factum in accordance with Rule 22, (

b) file 4 copies of that factum for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (

c) serve one filed copy of the factum on each of the other parties.

(2) Unless a justice otherwise orders, within 30 days after being served with the appellant's factum, a respondent must (

a) prepare a factum in accordance with (

i) Rule 22, and (ii) if the respondent intends to cross appeal, Rule 23, (

b) file 4 copies of that factum for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (

c) serve one filed copy of the factum on each of the other parties.

(3) In addition to a paper copy, a party may file an electronic copy of the factum.

(4) On the application of a party or on a justice's own motion, a justice may order that the filing of factums by any or all parties be dispensed with. Form and content of factums 22

(1) Each factum must (

a) be in Form 10, (

b) clearly specify, on the cover, on whose behalf the factum is filed, (

c) substantially comply with this Rule and, if applicable, Rule 23, and (

d) be signed by the party or the party's lawyer, whose name must be clearly printed below the signature.

(2) A factum must not (

a) contain irrelevant material, (

b) reproduce any material or matter that is contained in the Appeal Record or transcript, if reference to the material or matter will reasonably suffice, or (

c) exceed 30 pages in length unless a justice otherwise orders. Factums on cross appeal 23

(1) If a respondent intends to cross appeal, the respondent's factum (

a) must be in 2 divisions entitled, respectively, "Factum on Appeal" and "Factum on Cross Appeal", and (

b) must not exceed 40 pages in length.

(2) Within 14 days after being served with a factum referred to in subrule (1), the appellant must 8 of 67

(

a) prepare a factum in answer to the cross appeal that (

i) is entitled "Appellant's Factum in Answer to Cross Appeal", and (ii) complies with Rule 22, and with Rule 25, if applicable, (

b) file 4 copies of that answering factum for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (

c) serve one filed copy of the answering factum on each of the other parties.

(3) The factums on the cross appeal must not unnecessarily repeat matters contained in the factums on the main appeal. Reply if no cross appeal filed 24 Subject to Rule 25, if an appellant wishes to reply to a respondent's factum, the appellant must, within 7 days after being served with the respondent's factum, (

a) prepare a reply in Form 11, (

b) file 4 copies of that reply for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (

c) serve one filed copy of the reply on each of the other parties. Reply if cross appeal filed 25 If the appellant wishes to reply to the factum of a respondent who has filed a cross appeal, the appellant must include that reply in the factum he or she files under Rule 23 (2). Appeal Books 26

(1) Unless a justice otherwise orders, within 30 days after filing the Appeal Record, the appellant must (

a) prepare an Appeal Book in Form 12, (

b) file 4 copies of that Appeal Book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (

c) serve one filed copy of the appellant's Appeal Book on each of the other parties.

(2) If a respondent who has been served with the appellant's Appeal Book considers that that Appeal Book is incomplete, the respondent may, within 30 days after service, (

a) prepare an Appeal Book in Form 12, (

b) file 4 copies of that respondent's Appeal Book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (c) ,erve one filed copy of the respondent's Appeal Book on each of the other parties.

(3) The parties may file a joint Appeal Book if all parties agree.

(4) Despite subrules (1) and (2), if the parties agree to file a joint Appeal Book under subrule (3), (

a) the parties must, within 30 days after the filing of the respondent's factum, prepare a joint Appeal Book in Form 12, and 9 of 67

(

b) one of the parties must, within that 30 day period, (

i) file 4 copies of that joint Appeal Book for use by the court plus such additional copies as are required for the purposes of subparagraph (ii), and (ii) serve one filed copy of the joint Appeal Book on each of the other parties. Filing of transcript extracts 27

(1) Unless a justice otherwise orders, if the appellant's factum contains a reference to oral testimony heard in the court appealed from, the appellant must, within 30 days after filing the Appeal Record, (

a) prepare a transcript extract book in Form 13 containing that portion of the transcript that is necessary to explain that reference, (

b) file 4 copies of that transcript extract book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (

c) serve one filed copy of the appellant's transcript extract book on each of the other parties.

(2) Unless a justice otherwise orders, if the respondent's factum contains a reference to oral testimony heard in the court appealed from, the respondent must, within 30 days after being served with the appellant's factum, (

a) prepare a transcript extract book in Form 13 containing that portion of the transcript that is necessary to explain that reference, (

b) file one copy of that transcript extract book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (

c) serve one filed copy of the respondent's transcript extract book on each of the other parties.

(3) If a party includes more than 300 pages in the transcript extract book filed under subrule (2) (b), the party must apply to the registrar for directions. Appeal ready for hearing and certificate of readiness 28

(1) In this rule, an appeal is ready for hearing (

a) when the Appeal Record and the appellant's factum and Appeal Book are filed, or (

b) if an order has been made under Rule 21 (4) dispensing with the appellant's factum, when the appellant's Appeal Book is filed.

(2) The registrar is to maintain a list of appeals that are ready for hearing.

(3) The appellant must file a certificate of readiness in Form 14 immediately after an appeal is ready for hearing.

(4) If an appellant does not comply with subrule (3), the respondent, after filing the respondent's factum, may file a certificate of readiness in Form 14.

(5) After filing a certificate of readiness, the party who filed it must contact the registrar to obtain a date for the hearing of the appeal. 10 of 67

(6) Whether or not a party complies with subrule (5), the registrar may, subject to the directions of the chief justice, fix the time and place of the hearing of the appeal.

(7) Once a date is fixed for the hearing of the appeal, the party who filed the certificate of readiness must (

a) file with the registrar a confirmation in writing setting out the date fixed for the hearing of the appeal and the estimated length of hearing specified in the certificate, and (

b) serve a copy of the written confirmation to all other parties. Prehearing conference 29

(1) On the request of a party made to the registrar in writing, on the request of the registrar or on a justice's own motion, the court or a justice may direct a prehearing conference.

(2) If a direction for a prehearing conference is made under subrule (1), the parties or their solicitors must attend before a justice a: the time and place directed to consider one or more of the following: (

a) the simplification or isolation of issues on the appeal; (

b) the fixing of the time for the hearing of the appeal; (

c) any other matter that might expedite the appeal.

(3) The justice presiding at a prehearing conference may make an order or direction on any matter referred to in subrule (2) (

a) to (c). Points A law and authorities not cited in factum 30 The court, on terms it considers just, may permit a party to use arguments, raise points of law or cite authorities that were not used, raised or cited in the party's factum. Further evidence 31

(1) With leave of the court or a justice, a party may adduce evidence that was not before the court appealed from.

(2) A party applying for leave under this rule must ensure that (

a) the notice of motion is made returnable on the date set for the hearing of the appeal, unless a justice otherwise orders, and (

b) the notice of motion and supporting material are served, (

i) at least 30 days before the hearing of the appeal, if the application is to be heard at the time of the hearing of the appeal, or (ii) at least 2 days before the hearing of the application, if the application is to be heard by a justice in advance of the appeal.

(3) A party wishing to file an affidavit in opposition to an application for leave under this rule must, at least 7 days before the application is set to be heard by the court, (

a) file 4 copies of that affidavit for use by the court plus such additional copies as are required for the purposes of paragraph (b), and (

b) serve one filed copy of the affidavit on each of the other parties. 11 of 67

PART 6 - APPLICATIONS Application 32 This Part applies to every application made to the court or to a justice except to the extent that these rules otherwise provide or a justice otherwise orders. General requirements for applications to a justice 33

(1) A party wishing to bring an application must (

a) prepare a notice of motion in Form 6, (

b) if the party intends to rely on facts at the hearing of the application, obtain an affidavit to support those facts, (

c) file one copy of the notice of motion and affidavit for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (d), and (

d) serve one filed copy of the notice of motion and supporting material on each of the other parties at least 2 days before the date set for the hearing of the application.

(2) Subject to the directions of the chief justice, the registrar may fix the time and place for the hearing of an application.

(3) Unless a justice otherwise orders, the hearing of an application must be completed within 30 minutes. Specific requirements applicable to applications to vary an order of a justice 34

(1) A party wishing to bring an application under

section 9 (6) of the Act to vary or discharge an order of a justice must, within 7 days after the order was made, (

a) prepare a notice of application to vary an order of a justice in Form 15, (

b) if the party intends to rely on facts at the hearing of the application, obtain an affidavit to support those facts, (

c) file one copy of that notice of application to vary an order of a justice and affidavit for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (d), and (

d) serve one filed copy of the notice of application on each of the other parties.

(2) Within 14 days after filing a notice of application to vary an order of a justice under subrule (1), the applicant must (

a) prepare a motion book in Form 16, (

b) file 4 copies of that motion book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (

c) serve one filed copy of the motion book on each of the other parties.

(3) After a notice of application to vary an order of a justice and a motion book are filed under subrules (1) and (2), the registrar is to set the date for the hearing of the application and advise the parties.

(4) A party who is served with a motion book must, within 7 days after service, (

a) prepare a reply book in Form 17, 12 of 67

(

b) file 4 copies of that reply book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (

c) serve one filed copy of the reply book on each of the other parties. Applications to review an order or direction of the registrar 35 A party applying under

section 10 (3) of the Act for a review of an order or direction of the registrar must file and serve the notice of motion and supporting material within 7 days after the order was made. Applications for intervenor status 36

(1) Any person interested in an appeal may apply to a justice for leave to intervene on any terms and conditions that the justice may determine.

(2) A party seeking leave under subrule (1) to intervene in an appeal must, within 14 days after the filing of the appellant's factum, (

a) prepare (

i) a notice of motion in Form 6, and (ii) a memorandum of argument in Form 18, (

b) file 4 copies of that notice of motion and memorandum of argument for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (c), and (

c) serve one filed copy of the notice of motion and memorandum of argument on each of the other parties.

(3) In any order granting leave to intervene, the justice (

a) is to specify the date by which the factum of the intervenor must be filed, and (

b) may make provisions as to additional disbursements incurred by the appellant or any respondent as a result of the intervention.

(4) An intervenor must file a factum in Form 10 on or before the date referred to in subrule (3) (a) .

(5) Unless a justice otherwise orders, an intervenor (

a) must not file a factum that exceeds 20 pages, (

b) must include in the factum only those submissions that pertain to the facts and issues included in the factums of the parties, and (

c) is not to present oral argument. Applications to cross-examine on affidavits 37

(1) Any party wishing to cross-examine the deponent of an affidavit filed on behalf of another party may apply to the court or a justice for an order that the deponent attend and be cross-examined before a commissioner for taking affidavits designated by the court or a justice.

(2) Unless a justice otherwise orders, any cross-examination referred to in subrule (1) must take place before the hearing of the appeal or application at which the affidavit is to be referred to. 13 of 67

Applications for indigent status 38 An applicant for indigent status under Rule 56 must prepare, file and serve, in support of that application, an affidavit in Form 19.

PART 7 - PROCEDURE ON APPEALS AND APPLICATIONS Service of documents 39

(1) A notice of appeal or notice of application for leave to appeal must be served on each of the respondents (

a) by serving the respondent personally, (

b) by serving the respondent's solicitor of record in the court appealed from, or (

c) by serving the respondent in any other manner directed by a justice.

(2) A notice of cross appeal must be served (

a) on the appellant (

i) in accordance with subrule (4), or (ii) by serving it on the solicitor who filed the notice of appeal, and (

b) on each of the other respondents in accordance with subr"!e (4).

(3) Each party must have, and must include on each document that is filed by or on behalf of the party, an address for service in British Columbia that is one of the following: (

a) the office address of the party's solicitor of record; (

b) if the party acts in person, a residential address or business address within British Columbia.

(4) After a party has filed a document containing an address for service, a document may be served on the party (

a) in the manner provided in subrule (1), (

b) by delivering that document to the party's address for service in British Columbia, (

c) by faxing that document to the fax number included in the party's address for service if the fax includes a cover memo in Form 20, or (

d) serving the document on the party in any other manner directed by a justice. Books of authorities 40

(1) Each party to an appeal or application who intends to refer to one or more authorities at the hearing of the appeal or application must, at least 30 days before the hearing, (

a) prepare a book of authorities in Form 21, (

b) file 4 copies of that book of authorities for use by the court plus such additional copies as are required for the purposes of paragraph (c), and (

c) serve one filed copy of the book of authorities on each of the other parties.

(2) If 2 or more parties are required under subrule (1) to file a book of authorities, the parties must, if practicable, file a joint book of authorities. 14 of 67

(3) Despite subrule (1), if the parties prepare a joint book of authorities under subrule (2), one of the parties must, at least 30 days before the hearing, (

a) file 4 copies of that joint book of authorities for use by the court plus such additional copies as are required for the purposes of paragraph (b), and (

b) serve one filed copy of the joint book of authorities on each of the other parties.

(4) Subject to subniles (7) to (9), a book of authorities must contain all the authorities referred to in the factums or motion books, as the case may be, filed by the parties on whose behalf the book of authorities is filed and may be printed on both sides of the page.

(5) Subject to subrule (6), a book of authorities must be limited to 300 pages per volume.

(6) If, in order to give effect to subrule (4), it is necessary to include in a book of authorities more than 300 pages of material, that material must be included in a book of authorities consisting of 2 or more volumes and each volume (

a) must be limited to 200 pages, (

b) must be sequentially numbered, and (

c) must contain an index of all the authorities contained in all the volumes of the book of authorities.

(7) If an authority exceeds 30 pages in length, the party or parties on whose behalf the book of authorities is filed may, instead of including the full version of the authority in the book of authorities, include a copy of the headnote, together with a copy of the page or pages referred to in the factum or motion book, as the case may be.

(8) The party relying on an authority may omit a portion of the authority that is unnecessary and, in that event, must make a note to that effect in the index to the book of authorities.

(9) From time to time, the registrar may publish a list of authorities and parties need not include in their book of authorities any authority included in that list unless the court will be asked to depart from or distinguish the authority. Written argument 41 The court or justice, on the hearing of an appeal or an application, may order that a party prepare written argument on any matter, whether or not included in the factum or motion book, as the case may be, of any of the parties. Registrar may request estimates of time 42

(1) The registrar may, at any time, request from a party an estimate of time for the hearing of an appeal or application.

(2) A party who receives a request from the registrar under subrule (1) must promptly give the registrar the party's estimate of the time. 15 of 67

Notification to registrar 43 If, after the registrar has fixed a date for the hearing of an appeal or application, (

a) all parties have agreed that the appeal should be adjourned, (

b) a party wishes to adjourn the appeal, or (

c) a party considers that an estimate of time given under Rule 42 (2) was substantially high or low, the appellant or applicant or the party referred to in paragraph (

b) or (

c) of this subrule must immediately notify the registrar accordingly personally or by telephone and confirm that notification in writing. Hearings by telephone or videoconference 44

(1) A justice may hear an application under the Act or these rules, or hold a pre- hearing conference, by telephone or videoconference if he or she considers it appropriate.

(2) The registrar may conduct a registrar's hearing under the Act or these rules by telephone or videoconference if he or she considers it appropriate. Registrar may change time or place of hearing of appeals and motions 45

(1) Subject to the directions of the chief justice, the registrar may change the time or place fixed for the hearing of an appeal or application.

(2) The registrar is to inform the parties after fixing or changing a time and place of the hearing. Settlements or abandonments 46 Immediately after an appeal or an application for leave to appeal is settled or abandoned, the appellant must (

a) file a Notice of Settlement or Abandonment in Form 22, and (

b) serve one filed copy of the Notice of Settlement or Abandonment on each of the other parties.

PART 8 - ORDERS Drawing and approving orders 47

(1) An order of the court or of a justice (

a) may be drawn up by any party, (

b) unless the court or justice otherwise directs, must be approved in writing by all parties or their solicitors of record, and (

c) must, after that approval is obtained, be left with the registrar.

(2) An order need not be approved by a party who has not consented to it and who did not attend or was not represented at the hearing at or after which the order was made.

(3) Unless these rules otherwise provide, an order must (

a) in the case of an order of the court on a reserve judgment, be in Form 23, 16 of 67

(

b) in the case of an oral judgment of the court, be in Form 24, and (

c) in the case of an order of a justice, be in Form 25.

(4) An order must be dated as of, and takes effect on, the day on which it is pronounced. Consent orders 48

(1) A consent order must not be entered without the consent of each party, evidenced, (

a) for a party represented by a solicitor, by the signature of the solicitor of record, and (

b) for a party not represented by a solicitor, by the signature of the party.

(2) An application for an order by consent may be made by filing evidence that all parties consent to the application along with (

a) in the case of an order to extend the time to file a document that may or must be filed under these rules, a draft of the order in Form 26, (

b) in the case of an order to remove a proceeding from the inactive list, a draft of the order in Form 27, and (

c) in the case of any other consent order, a draft of the order in Form 28. Settlement of orders when necessary 49

(1) If an order is to be settled, it must be settled by the registrar who may refer the draft to the justice or court that made the order.

(2) A party who wishes to settle an order must (

a) make an appointment with the registrar to settle the order, (

b) prepare an appointment in Form 29, (

c) file one copy of the appointment for use by the court plus such additional copies as are required for the purposes of paragraph (d), and (

d) at least one day before the date appointed for the settlement of the order, serve one filed copy of the appointment on each of the other parties.

(3) If a party does not attend at the time appointed for settlement of an order, the registrar may settle the order in the party's absence. Correction of orders 50 At any time, the court or a justice may (

a) correct an error in an order that arose from a clerical mistake or from any other accidental slip or omission, or (

b) amend an order to provide for any matter that should have been but was not adjudicated. Order book to be kept by registrar 51 The registrar is to insert the original copy of all entered court orders in a book kept for that purpose. 17 of 67

PART 9 - GENERAL Time limits may be extended or abridged 52 Nothing in these rules affects the ability of a justice, under

section 10 (2) (

d) of the Act, to extend or shorten any time provided for in these rules for the doing of

an act or the taking of a proceeding. Documents for use in court 53 All documents prepared for the use of the court must be in English and all paper documents must be legibly printed or typewritten on durable white paper having dimensions of 21.5 cm by 28 cm. Filing and form requirements 54

(1) The registrar may refuse to accept a document for filing unless the document (

a) complies with these rules, (

b) is in the appropriate form, and (

c) complies with the completion instructions, if any, contained in that form.

(2) The forms in Appendix A must be used as applicable with variations as the circumstances of the proceeding require.

(3) A reference in a form set out in Appendix A to an appellant is deemed to include reference to an applicant for leave to appeal if the circumstances so warrant.

(4) Unless the completion instructions contained in a form that is to be bound otherwise provide, the pages in the form are to be printed only on the right hand side of the page. Transmission of exhibits to the registrar 55 If the registrar of the Court of Appeal requests an exhibit from the court appealed from, the registrar of that court, or, if the court appealed from is a tribunal, the chair or secretary of the tribunal, must Qomply with the request.

Indigent litigants 56 Despite anything in these rules, no fee is payable to the government by a person to commence, defend or continue an appeal or application if a justice, on application before or after the commencement of the appeal or application, finds that the person is indigent, unless the justice considers that the position being argued by that person (

a) lacks merit, (

b) is scandalous, frivolous or vexatious, or (

c) is otherwise an abuse of the process of the court. Business hours of the registry 57 Except for Saturdays, Sundays and holidays, the court registry is to be open to the public between 9 a.m. and 4 p.m. 18 of 67

Practice directives and practice notes 58

(1) The court may issue practice directives from time to time to regulate and control its procedure.

(2) The registrar may issue practice notes as necessary , to explain or clarify these rules or the practice of the court.

PART 10 — COSTS Costs to be assessed under Appendix B 59

(1) Costs payable to a party under these rules or by order must be assessed under Appendix B.

(2) Subrule (1) applies whether or not the costs are payable (

a) by another party, (

b) out of a fund of other parties, or (

c) out of a fund in which the party whose costs are being assessed has a common interest with other persons. Costs assessed as increased costs 60

(1) If, because an offer to settle is made or for any other reason, the court or a justice determines that there would be an unjust result if costs were assessed under Scales I to 3 of

section 3 (1) of Appendix B, the court or justice, at any time before the assessment has been completed, may order that costs be assessed as increased costs.

(2) If costs are ordered to be assessed as increased costs, the registrar must fix the fees that would have been allowed if an order for special costs had been made under Rule 61 (1), and must then allow 1/2 of those fees, or a higher or lower proportion as the court or justice may order. Costs assessed as special costs 61

(1) The court or a justice may order that costs be assessed as special costs.

(2) If an order is made under subrule (1), the registrar must allow those fees that the registrar considers were proper or reasonably necessary to conduct the proceeding to which the fees relate and, in exercising that discretion. the registrar must consider all of the circumstances, including (

a) the complexity of the proceeding and the difficulty or novelty of the issues involved, (

b) the skill, specialized knowledge and responsibility required of the solicitor, (

c) the amount involved in the proceeding, (

d) the time reasonably expended in conducting the proceeding, (

e) any party's conduct that tended to shorten or unnecessarily lengthen the duration of the proceeding, (0 the importance of the proceeding to the party whose bill is being assessed and of the result obtained, and 19 of 67

(

g) the benefit, to the party whose bill is being assessed, of the services rendered by the solicitor. Special costs as a lump sum 62

(1) A bill for special costs may be rendered on a lump sum basis.

(2) A lump sum bill must contain a description of the nature of the services and of the matter involved which description provides, in the opinion of the registrar, sufficient information for any solicitor to advise a client as to the reasonableness of the charge made.

(3) A party to an assessment or to a review of a lump sum bill may put in evidence the opinion of a solicitor as to the nature and importance of the services rendered and of the matter involved and the reasonableness of the charges made, but a party must not put in evidence the opinions of more than 2 solicitors.

(4) A solicitor giving an opinion referred to in subrule (3) may be required to attend at an assessment for examination and cross-examination. Certain duties of the registrar 63

(1) The registrar is the officer before whom costs are assessed.

(2) On an assessment of party and party costs, the registrar must allow those fees under Appendix B that were proper or reasonably necessary to conduct the proceeding.

(3) In addition to the fees allowed on an assessment, the registrar must allow a reasonable amount for expenses and disbursements that were necessarily or properly incurred in the conduct of the proceeding.

(4) If tax is payable by a party in respect of legal services, the registrar must allow an additional percentage, calculated on the monetary value of the units assessed, equal to the percentage rate of tax payable in respect of the legal services.

(5) If tax is payable by a party in respect of disbursements, the registrar must allow an additional percentage, calculated on the monetary value of the disbursements as assessed, equal to the percentage rate of tax payable in respect of the disburse- ments. Costs when party uses an employee as the party's lawyer 64 A party is not disentitled to costs on the ground that the lawyer who represented the party is an employee of the party.

Costs of particular issues or of any part of proceedings 65 The court or a justice may award costs that relate to some particular issue or part of the proceeding or may award costs except insofar as they relate to some particular issue or part of the proceeding. Costs out of estate or property 66 If it is ordered that any costs must be paid out of an estate or property, the court or a justice may direct out of what portion of the estate or property the costs must be paid. 20 of 67

Discretion of registrar in specific circumstances 67

(1) If a party entitled to receive costs is liable to pay costs to another party, the registrar may (

a) assess the costs the party is liable to pay, (

b) adjust the costs by way of deduction or set-off, or (

c) delay the allowance of the costs the party is entitled to receive until the party has paid or tendered the costs the party is liable to pay.

(2) If the costs of one party against a second party ought to be paid by a third party, the court or a justice may (

a) order payment to he made by the third party to the first party directly, or (

b) order the second party to pay the costs of the first party and allow the second party to include those costs as a disbursement in the costs payable to the second party by the third party. Appointment to assess costs 68

(1) A party wishing to have costs assessed must (

a) make an appointment with the registrar for the assessment, (

b) prepare a bill of costs in Form 30, (

c) prepare an appointment in Form 29 to which is attached the bill of costs, (

d) if the party intends to rely on facts at the assessment, obtain an affidavit to support those facts, (

e) file one copy of the appointment and supporting material for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (f), and (1) serve one filed copy of the appointment and supporting material on each person against whom costs are to be assessed.

(2) The registrar may order that notice of an assessment of costs be given to a person whose interest, whether in a fund or estate or otherwise, may be affected. Certification of costs and enforcement 69

(1) On the conclusion of an assessment, or if the person charged has consented to the amount, the registrar must, either by endorsing the original bill of costs or by signing a certificate in Form 31, certify the amount of costs awarded, and the party assessing costs may file the certificate.

(2) If a certificate under subrule (1) has been filed, it may be enforced as if it were a judgment of the court referred to in

section 22 of the Act. Review of registrar's decision 70 A person who is dissatisfied with a decision of the registrar on an assessment may, within 7 days after the registrar has certified the costs, apply to a justice for a review of the assessment under

section 10 (3) of the Act. 21 of 67

Consequences for solicitors for unnecessary or wasted costs 71 (1') If the court or a justice considers that a solicitor for a party has caused costs to be incurred without reasonable cause, or has caused costs to be wasted through delay, neglect or some other fault, the court or justice may do one or more of the following: (

a) disallow any fees and disbursements between the solicitor and the solicitor's client or, if those fees or disbursements have been paid, order that the solicitor repay some or all of them to the client; (

b) order that the solicitor indemnify the solicitor's client for all or part of any costs that the client has been ordered to pay to another party; (

c) order that the solicitor be personally liable for all or part of any costs that the solicitor's client has been ordered to pay to another party; (

d) make any other order that the court or a justice considers appropriate.

(2) If the court or a justice makes an order under subrule (1), the court or justice may (

a) direct the registrar to conduct an inquiry and file a report with recommen- dations as to the amount of costs, or (

b) fix the costs with or without reference to the tariff in Appendix B.

(3) An order against a solicitor under subrule (1) of (2) must not be made unless the solicitor is present or has been given notice.

(4) A solicitor against whom an order under subrule (1) or (2) has been made must promptly serve a copy of the order on the solicitor's client. 22 of 67

APPENDIX A — FORMS FORM 1 (RULE 3 (a) ) Court of Appeal File No. Supreme Court File No.

Supreme Court Registry COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff') AND: Appellant/Respondent (Defendants) [5 Include only those parties whose interests are affected by the order sought by the appellants,. except that the name of Plaintiff or Applicant in the Court below should ahtztys appear first] NOTICE OF APPLICATION FOR LEAVE TO APPEAL Take notice that [name the party] hereby applies for leave to appeal to the Court of Appeal for British Columbia from the order of of the [name of Court or Tribunal appealed from] pronounced the day of , 20 at British Columbia. [li the appeal is from a part of the judgment only, please specify the part] 1.

The appeal is from a: [ ] Trial Judgment [ ]

Summary Trial Judgment [ ] Order of a Statutory Body [ ] Ctombers Judgment 2. If the appeal is from an appeal under Rule 49 or 53 (6) of the Supreme Court Rules, name the maker of the original decision, direction or order: 3.

Please identify which of the following is involved in the appeal: [ ] Constitutional/Administrative [ ] Civil Procedure [ [Commercial [ ] Family [ ] Motor Vehicle Accidents [ ] Municipal Law [ ] Real Property [ ] Torts [ ] Equity [ Wills and Estates And further take notice that the Court of Appeal will be moved at the hearing of this application for an order that [Here set out the order that the appellant desires the Court to make, including any special disposition $sith respect to costs] 23 of 67

The grounds of appeal are: The trial/hearing of this proceeding occupied days/hours. Dated at , British Columbia, this day of 20. Appellant/Solicitor for the Appellant To the respondent(s): And to its solicitor• This Notice of Leave to Appeal is given by whose address for service is To the respondent(s): IF YOU INTEND TO PARTICIPATE in this proceeding, YOU MUST GIVE NOTICE of your intention by filing a form entitled "Notice of Appearance" (Form 2 of the Court of Appeal Rules) in a Court of Appeal registry and serve the notice of appearance on the appellant WITHIN 10 DAYS of receiving this Notice of Application for Leave to Appeal. IF YOU FAIL TO FILE A NOTICE OF APPEARANCE (

a) you are deemed to take no position on the application, and (

b) the parties are not obliged to serve you with any further documents related to the appli- cation. The filing registries for the British Columbia Court of Appeal are as follows: Central Registry: B.C. Court of Appeal The Law Courts 800 Smithe Street Vancouver BC V6Z 2E1 Other Registries: B.C. Court of Appeal The Law Courts P.O. box 9248 STN PROV GOVT 850 Burdett Ave Victoria BC V8W 1B4 B.C. Court of Appeal 223 — 455 Columbia Street Kamloops BC V2C 6K4 Inquiries should be addressed to (604) 660-2468 Fax filings: (604) 660-1951 24 of 67

FORM 2 (Runs 5 (a), 13 (

a) AND 17 (a)) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) Appellant/Respondent (Defendant) AND: NOTICE OF APPEARANCE Enter an appearance on behalf of [Respondents name] [Respondent's address for service] Respondent/Solicitor for the Respondent 25 of 67

FORM 3 (RULE 7 (1) (a) (i) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) NOTICE OF MOTION FOR LEAVE TO APPEAL TO: [List all the parties to be served] TAKE NOTICE THAT AN APPLICATION will be made by [name the party] to the presiding justice at [address al' courthouse], British Columbia, at 9:30 a.m. on [day of the week - Monday-Friday - and the date], for leave to appeal the order of dated Dated: Signed [name of signer] This application will take no more than 30 minutes to be heard. 26 of 67

FORM 4 (Ruus 7 (1) (a) (ii) AND 9 (3) (a) (ii) ) Court of Appeal File No.

COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) MOTION BOOK FOR LEAVE TO APPEAL AND/OR MOTION BOOK FOR STAY OF PROCEEDINGS/EXECUTION (Name of appellant) (Name of respondent) (Name of appellant's counsel, if any) (Name of respondent's counsel, if any) (Address of appellant or, if the appellant is repre- (Address of respondent or, if the respondent is sented, name and address of the appellant's law represented, name and address of the respondent's firm) law finn) COMPLETION INSTRUCTIONS The appellant's motion book must be bound with a buff cover and must contain the following in chrono- logical order: I.

Reasons for judgment and the final order (if entered or in the form agreed to by counsel) sought to be appealed; 2. Those parts of the evidence and exhibits to which the appellant intends to refer in argument; 3. Affidavits, if required; 4. A memorandum of argument, not exceeding 10 pages in length (exclusive of the table of authorities) or, if 2 applications are joined in accordance with Rule 9, not exceeding 15 pages in length (exclu- sive of the table of authorities), divided into 5 parts, namely:

Part I: A brief statement of facts,

Part II: A statement of the points in issue,

Part III: A brief statement setting out the reasons why leave should be granted, which statement should state the position of the party regarding the following: (

a) the importance of the proposed appeal generally and to the parties; (

b) the utility of the proposed appeal in the circumstances of the parties; (

c) the prospects of success of the proposed appeal; 27 of 67

(

d) if applicable, any statutory provision granting a right to appeal with leave.

Part IV: The nature of the order requested, and

Part V: A table of the authorities to be referred to, arranged alphabetically. Appendices: If the appellant intends to rely on an enactment, copies of the relevant sections of the enactment. 28 of 67

FORM 5 (Run 8 (a) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) REPLY BOOK FOR LEAVE TO APPEAL AND/OR REPLY BOOK FOR STAY OF PROCEEDINGS/EXECUTION (Name of appellant) (Name of respondent) (Name of appellant's counsel, if any) (Name of respondent's counsel, if any) (Address of appellant or, if the appellant is repre- (Address of respondent or, if the respondent is sented, name and address of the appellant's law represented, name and address of the respondent's firm) law firm) COMPLETION INSTRUCTIONS The respondent's reply book must be bound with a green cover and must (

a) contain evidence, exhibits, affidavits and enactments relevant to the application and not otherwise included in the appellant's motion book or in the reply book of any other respon- dent, (

b) contain a memorandum of argument not exceeding 5 pages or, if 2 applications are joined in accordance with Rule 9, not exceeding 10 pages in length, and (

c) be arranged in the same manner as the appellant's motion book. 29 of 67

FORM 6 (RULES 9 (3) (a) (i), 33 (1) (

a) AND 36 (2) (a) (i) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) NOTICE OF MOTION TO: [List all the parties to be served] TAKE NOTICE THAT AN APPLICATION will be made by [name the party] to the presiding justice at [address of courthouse], British Columbia, at 9:30 a.m. on [day of the week - Monday-Friday - and the date], for an order pursuant to [Rule/enactment] that [set out the required order] AND TAKE NOTICE THAT in support of the application will be read the affidavit of [name of deponent] sworn on [date]. Dated: Signed [name of signer] This application will take no more than 30 minutes to be heard. 30 of 67

Form 7 (Rule 11 (a) ) Court of Appeal File No. Supreme Court File No.

Supreme Court Registry COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiffs) AND: Appellant/Respondent (Defendants) [* Include only those parties whose interests are affected by the order sought by the appellantisi. except that the name of Plaintiff or Applicant in the Court below should always appear first] NOTICE OF APPEAL Take notice that [name the party] hereby appeals to the Court of Appeal for British Columbia from the order of of the [name of Court or Tribunal appealed from] pronounced the day of , 20 at British Columbia. [If the appeal is from a part of the judgment only, please specify the part] I .

The appeal is from a: [ ] Trial Judgment [ ]

Summary Trial Judgment [ ] Order of a Statutory Body [ ] Chambers Judgment 2. If the appeal is from an appeal under Rule 49 or 53 (6) of the Supreme Court Rules, name the maker of the original decision, direction or order: 3.

Please identify which of the following is involved in the appeal: [ 1 Constitutional/Administrative [ ] Civil Procedure ] Commercial [ I Family - [ ] Divorce [ ] Family Relations Act [ ] Corollary Relief in a Divorce Proceeding [ 1 Motor Vehicle Accidents [ Municipal Law [ ] Real Property [ Torts [ ] Equity [ Wills and Estates (The Divorce Registry will, as applicable, be notified by the Court of Appeal Registry on filing if the appeal involves divorce, corollary relief in divorce proceeding or matters under the Family Relations Act) And further take notice that the Court of Appeal will be moved at the hearing of this appeal for an order that 31 of 67

[Here set out the order that the appellant desires the Court to make, including any special disposition with respect to costs] The trial/hearing of this proceeding occupied days/hours. Dated at , British Columbia, this day of , 20 Appellant/Solicitor for the Appellant To the respondent(s): And to its solicitor: This Notice of Leave to Appeal is given by whose address for service is To the respondent(s): IF YOU INTEND TO PARTICIPATE in this appeal, YOU MUST GIVE.

NOTICE of your intention by filing a form entitled "Notice of Appearance" (Form 2 of the Court of Appeal Rules) in a Court of Appeal registry and serve the notice of appearance on the appellant WITHIN 10 DAYS of receiving this Notice of Appeal. IF YOU FAIL TO FILE A NOTICE OF APPEARANCE (

a) you are deemed to take no position on the appeal, and (

b) the parties are not obliged to serve any further documents on you. The filing registries for the British Columbia Court of Appeal are as follows: Central Registry: B.C. Court of Appeal The Law Courts 800 Smithe Street Vancouver BC V6Z 2E1 Other Registries: B.C. Court of Appeal The Law Courts P.O. Box 9248 STN PROV GOVT 850 Burdett Ave Victoria BC V8W 1B4 B.C. Court of Appeal 223 — 455 Columbia Street Kamloops BC V2C 6K4 Inquiries should be addressed to (604) 660-2468 Fax filings: (604) 660-1951 32 of 67

FORM 8 (RULE 15 (a) ) Court of Appeal File No. Supreme Court File No.

Supreme Court Registry COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) NOTICE OF CROSS APPEAL Take notice that [name the party] hereby appeals to the Court of Appeal for British Columbia from the order of of the [name of Court or Tribunal appealed from] pronounced the day of , 20 at British Columbia. [If the cross appeal is from a part of the judgment only, please specify the part] And further take notice that the Court of Appeal will be moved at the hearing of this cross appeal for an order that [Here set out the order that the respondent bringing the cross appeal desires the Court to make, including one special disposition with respect to costs] Dated at British Columbia, this day of , 20 Respondent/Solicitor for the Respondent To the respondent(s): And to its solicitor: This Notice of Cross Appeal is given by whose address for service is IF YOU INTEND TO PARTICIPATE in this cross appeal, YOU MUST, unless you are the appellant or a respondent who has already filed a notice of appearance in this matter in a Court of Appeal registry.

GIVE NOTICE of your intention by filing a form entitled "Notice of Appearance" (Form 2 of the Court of Appeal Rules) in a Court of Appeal registry and serve the notice of appearance on the other parties to the appeal and cross appeal WITHIN 10 DAYS after receiving this Notice of Cross Appeal. 33 of 67

IF, BY THE FOREGOING, YOU ARE REQUIRED TO FILE A NOTICE OF APPEARANCE AND YOU FAIL TO FILE THAT NOTICE OF APPEARANCE, (

a) you are deemed to take no position on the cross appeal, and (

b) the parties are not obliged to serve any further documents on you. The filing registries for the British Columbia Court of Appeal are as follows: Central Registry: B.C. Court of Appeal The Law Courts 800 Smithe Street Vancouver BC V6Z 2E1 Other Registries: B.C. Court of Appeal The Law Courts P.O. Box 9248 STN PROV GOVT 850 Burdett Ave Victoria BC V8W 1B4 B.C. Court of Appeal 223 - 455 Columbia Street Kamloops BC V2C 6K4 Inquiries should be addressed to (604) 660-2468 Fax filings: (604) 660-1951 34 of 67

FORM 9 (RULE 19 (a) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) And: Appellant/Respondent (Defendant) APPEAL RECORD (Name of appellant) (Name of respondent) (Name of appellant's counsel, if any) (Name of respondent's counsel, if any) (Address of appellant or, if the appellant is repre- (Address of respondent or. if the respondent is sented, name and address of the appellant's law represented, name and address of the respondent's firm) law firm) COMPLETION INSTRUCTIONS The Appeal Record must be bound with a blue cover and must contain the following in the following order: • INDEX •

Part I — PLEADINGS The most current versions of the pleading that initiated the proceeding under appeal and the responding documents. •

Part 2 — ORDER A copy of the entered order under appeal, if available, or, if no copy of the entered order is available, a blank page in which the copy of the entered order can be inserted once available. (NOTE that a Certificate of Readiness cannot be filed until the copy of the entered order is included in the Appeal Record). •

Part 3 — JUDGMENT The reasons for judgment including the name of the judge and the date of the judgment. •

Part 4 — NOTICE OF APPEAL or NOTICE OF APPLICATION FOR LEAVE TO APPEAL and ORDER granting leave A copy of the document that initiated the appeal. 35 of 67

Part 5 - NOTICE UNDER THE CONSTITUTIONAL QUESTIONS ACT A copy of any notice required under this Act. In addition to the foregoing, the Appeal Record must comply with the following: (

a) other than the index, each of the pages in the Appeal Record must be printed on the left; (

b) each of the pages must be be numbered consecutively, on the upper left hand corner of the page, beginning with the first page of

Part I. 36 of 67

FORM 10 (Runs 22(1) (

a) AND 36 (4) ) Court of Appeal File No. COURT OF APPEAL ON APPEAL FROM: [State judge and court or tribunal from whose order the appeal is brought, together with the date that the order was pronounced] BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) APPELLANT'S/RESPONDENT'S FACTUM (Name of appellant) (Name of respondent) (Name of appellant's counsel, if any) (Name of respondent's counsel, if any) (Address of appellant or, if the appellant is repre- (Address of respondent or, if the respondent is sented, name and address of the appellant's law represented, name and address of the respondent's firm) law firm) COMPLETION INSTRUCTIONS The factum must (

a) be bound (

i) for the appellant, with a buff cover, (ii) for the respondent, with a green cover, or (iii) for an intervenor, with a yellow cover, and (

b) contain the following in the following order: • INDEX • CHRONOLOGY OF THE RELEVANT DATES IN THE LITIGATION • OPENING STATEMENT The opening paragraph of an appellant's factum must be a concise statement of the nature of the appeal. •

PART 1- STATEMENT OF FACTS [ l J In the appellant's factum, this Part must consist of a concise statement of the history of the proceed- ings and the facts of the case. 37 of 67

[2] In the respondent's factum, this Part must consist of the respondent's position with respect to the appellant's statement of facts together with a concise statement of any other facts that the respondent considers relevant. [3] In each factum the source relied on for a statement of fact (e.g. testimony, an exhibit or the reasons for judgment) must be be identified by referring to the volume and page number where it is found in the Appeal Record or Appeal Books or the volume and page and line numbers where it is found in the Transcript. •

PART 2 - ERRORS IN JUDGMENT OR ISSUES ON APPEAL [4] In the appellant's factum, this Part must be titled "Errors in Judgment" and must consist of a concise statement that sets out clearly and particularly in what respect the judgment or order appealed from is alleged to be in error. [5] In the respondent's factum, this part must be titled "Issues on Appeal" and must consist of a state- ment of the respondent's position in regard to the points put in issue by the appellant's factum and of any other points that the respondent may properly put in issue. •

PART 3 - ARGUMENT [6] In each factum, this Part must consist of a concise outline of argument setting out (

a) the points of law or fact to be discussed, with a reference to the volume and page numbers of the Appeal Record or Appeal Book or to the volume and page and line numbers of the Transcript, and (

b) the authorities in support of each point. [7] If an enactment is cited or relied on, it may be briefly reproduced in this Part, but it must be repro- duced (

a) as an apoendix to the factum, or (

b) as a separate volume having covers the same colour as the appropriate factum and filed at the same time as that factum. •

PART 4 - NATURE OF ORDER SOUGHT [8] This Part must consist of a concise statement of the nature of the order that is sought by the party preparing the factum and it must include any special disposition that is desired with respect to costs. • LIST OF AUTHORITIES [9] Following any appendices, authorities referred to in the factum must be listed in alphabetical order. [ 10] After each authority, the page or paragraph in the factum at which the authority is referred to must he cited. In addition to the foregoing, the factum must comply with the following: (

a) other than the index, each of the pages in the factum must be printed on the left; (

b) each of the pages must be be numbered consecutively, on the upper left hand corner of the page, beginning with the first page of

Part 1; (

c) each of the paragraphs must be be numbered consecutively beginning with the first paragraph of

Part 1; (

d) the lines of the factum must be spaced at least one and one-half lines apart except for excerpts from an authority or a reproduction of an enactment, which excerpts must be indented and single spaced; 38 of 67

(

e) the margins must be no less than 2.5 cm; (

f) format for the citation of authorities must follow the Directive concerning the Citation of Authorities; (

g) the type must be no smaller than 12 point type; (

h) a loose copy of the chronology must be included. 39 of 67

FORM 1 l (RULE 24 (a) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) APPELLANT'S REPLY (Name of appellant) (Name of respondent) (Name of appellant's counsel, if any) (Name of respondent's counsel, if any) (Address of appellant or, if the appellant is repre- (Address of respondent or, if the respondent is sented, name and address of the appellant's law represented, name and address of the respondent's firm) law firm) COMPLETION INSTRUCTIONS The appellant's reply (

a) must be hound with a buff cover, and (

b) must not exceed 5 pages in length. In addition to the foregoing, the appellant's reply must comply with the following: (

a) each of the pages in the appellant's reply must be printed on the left; (

b) each of the pages must be be numbered consecutively, on the upper left hand corner of the page; (

c) each of the paragraphs must be be numbered consecutively; (

d) the lines of the appellant's reply must be spaced at least one and one-I alf lines apart except for excerpts from an authority or a reproduction of an enactment, which excerpts must be indented and single-spaced; (

e) the margins must be no less than 2.5 cm; (

f) format for the citation of authorities must follow the Directive concerning the Citation of Authorities; (

g) the type must be no smaller than 12 point type. 40 of 67

FORM 12 (RULE 26 (1) (a), (2) (

a) AND (4) (a) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) APPELLANT'S/RESPONDENT'S/JOINT/APPEAL BOOK (Name of appellant) (Name of respondent) (Name of appellant's counsel, if any) (Name of respondent's counsel, if any) (Address of appellant or, if the appellant is repre- (Address of respondent or. if the respondent is sented, name and address of the appellant's law represented, name and address of the respondent's firm) law firm) COMPLETION INSTRUCTIONS Each volume of an Appeal Book must (

a) be bound with a blue cover, and (

b) be labelled with the words "Appeal Book" on its spine.

The Appeal Books must contain only so much of the evidence, including exhibits, affidavits and other documents, as is necessary to resolve the issues raised on appeal, as follows: Jf the appeal is from 7 hearing at which some or all of the evidence was adducgd by oral testimony: • Exhibits must be included in the Appeal Books in the order in which they were filed. • The index must describe each exhibit by exhibit number, a full description of the document and its date. • If an exhibit is a document 'with small print or is a faded copy of a document, the document must not form part of the Appeal Books unless it has been legibly reproduced. • If an exhibit cannot form part of the Appeal Books because it cannot be legibly reproduced, the original exhibit may be ordered from the trial court registry to be available to the court at the hearing of the appeal. • Only filed copies of the exhibits or affidavits referred to at the hearing should be included. • If an exhibit is a photograph, it must be legibly reproduced on a colour photocopier or by other current technology that can accurately reproduce photographs.

OR 41 of 67

if the appeal is from a hearing at which all of the evidence was adduced by affidavit: • The party preparing an Appeal Book must include in that Appeal Book only filed copies of those affidavits and exhibits that are necessary to resolve the issues raised on the appeal. • Affidavits must be included in the Appeal Books in the order in which they were filed. • The index must describe each affidavit by including the name of the deponent, the date the affidavit was filed and a description of any attached exhibits. in addition to the foregoing: • If the material to be included in an Appeal Book consists of 300 pages or less, that material may be included in an Appeal Book consisting of a single volume. • If the material to be included in an Appeal Book consists of more than 300 pages, that material must be included in an Appeal Book consisting of 2 or more volumes and each volume (

a) must be limited to 200 pages, (

b) must be sequentially numbered, and (

c) must contain at the beginning an index of all the evidence contained in the volume. • If practicable, a party's Appeal Book must not include any documents included in another party's Appeal Book. • Each page in the Appeal Books must be printed on the left. • Each page must be numbered consecutively, on the upper left hand corner of the page. 42 of 67

FORM 13 (RULE 27 (1) (

a) AND (2) (a) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appllant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) TRANSCRIPT EXTRACT BOOK (Name of appellant) (Name of respondent) (Name of appellant's counsel, if any) (Name of respondent's counsel, if any) (Address of appellant or, if the appellant is repre- (Address of respondent or, if the respondent is sented, name and address of the appellant's law represented, name and address of the respondent's firm) law firm) COMPLETION INSTRUCTIONS The Transcript Extract Book (

a) must be bound with a red cover, and (

b) must contain an index. In addition to the foregoing, (

a) other than the index, each of the pages in the Transcript Extract Book must be printed only on the left side of the page, and (

b) if practicable, each portion of the transcript comprising 5 or more sequentially numbered pages must be tabbed as appropriate. 43 of 67

FORM 14 (RULE 28

(3) AND (4) ) Court of Appeal File No. COURT OF APPEAL BETWFEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) CERTIFICATE OF READINESS , [appellantkounsel for the appellant, respondent/counsel for the respondent], certify: The parties have agreed that not more than [time estimate] is reasonable for the hearing of the appeal. It has also been agreed that this appeal is to be set for hearing in [location] OR The parties to this appeal are not in agreement as to their estimate of a reasonable time for the hearing of the appeal.

The estimates of each are as follows: Party/Solicitor for [party] Party/Solicitor for [party] Party/Solicitor for [party] Party/Solicitor for [party] 44 of 67

FORM 15 (RULE 34 (1) (a) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) NOTICE OF APPLICATION TO VARY AN ORDER OF A JUSTICE TAKE NOTICE that an application under

section 9 (6) of the Court of Appeal Act will be made by [name the party] to the Court of Appeal at . [address of courthouse] in the Province of British Columbia, at such time and date as may be determined by the Registrar, for an order to discharge or vary the order of the Honourable Mr./Madam Justice [name ofJustice] made on [date of order]. Date• Solicitor for the Applicant 45 of 67

FORM 16 (RULE 34 (2) (a) ) Court of Appeal File No.

COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) MOTION BOOK APPLICATION TO VARY AN ORDER OF A JUSTICE (Name of appellant) (Name of respondent) (Name of appellant's counsel, if any) (Name of respondent's counsel, if any) (Address of appellant or, if the appellant is repre- (Address of respondent or, if the respondent is sented, name and address of the appellant's law represented, name and address of the respondent's firm) law firm) COMPLETION INSTRUCTIONS A motion book must be bound with a buff cover and must contain the following material in chronological order: I.

Reasons for judgment of the justice and a copy of the order under review, if available, or if no copy of the entered order is available, in the form agreed to by counsel; 2. Those parts of the reasons for judgment in the originating court that are relevant to this review appli- cation and the final order that is the subject of the appeal; 3. Those parts of the evidence filed before the justice that the applicant intends to refer to in argument; 4. Subsequent affidavits, if any; 5. A brief memorandum of argument, not exceeding 10 pages in length (exclusive of the table of authorities) divided into 5 parts, namely

Part I: A brief statement of facts, Part A statement of the points in issue,

Part III: A brief argument setting nut why the justice erred in making the decision under review,

Part IV: The nature of the order requested, and

Part V: A table of the authorities to be referred to, arranged alphabetically. Appendices: If the applicant intends to rely on an enactment, a copy of the relevant sections of the enactment must be included. 46 of 67

FORM 17 (RULE 34 (4) (a) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) REPLY BOOK ON AN APPLICATION TO VARY AN ORDER OF A JUSTICE (Name of appellant) (Name of respondent) (Name of appellant's counsel, if any) (Name of respondent's counsel, if any) (Address of appellant or, if the appellant is repre- (Address of respondent or, if the respondent is sented, name and address of the appellant's law represented. name and address of the respondent's firm) law firm) COMPLETION INSTRUCTIONS A reply book must be bound with a green cover and must (

a) contain any evidence, exhibits, affidavits and enactments relevant to the application and not otherwise included in the applicant's motion book or in the reply book of any other respon- dent, (

b) contain a brief memorandum of argument not exceeding 5 pages, and (

c) be arranged in the same manner as the applicant's motion book. 47 of 67

FORM 18 (RULE 36 (2) (a) (ii) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) MEMORANDUM OF ARGUMENT ON AN APPLICATION FOR LEAVE TO INTERVENE (Name of appellant) (Name of respondent) (Name of appellant's counsel, if any) (Name of respondent's counsel, if any) (Address of appellant or, if the appellant is repre- (Address of respondent or. if the respondent is rented, name and address of the appellant's law represented, name and address of the respondent's firm) law firm) COMPLETION INSTRUCTIONS A memorandum of argument on an application for lease to intervene must (

a) briefly describe the intervenor and the intervenor's interest in the appeal, (

b) identify the position to be taken by the intervenor on the appeal, (

c) set out a

summary of submissions to be advanced by the intervenor and their relevance to the appeal, and (

d) set out the reasons for believing that the submissions will be (

i) useful to the court, and (ii) different from those of other parties. 48 of 67

BETWEEN: FORM 19 (RULE 38) COURT OF APPEAL Court of Appeal File No. Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) AFFIDAVIT IN SUPPORT OF INDIGENT APPLICATION [state your name] of [your address] in the City of [city of residence], Province of British Columbia, MAKE OATH AND SAY AS FOLLOWS: 1 I am the appellant/respondent herein. 2 I make this affidavit in support of my application for an order that I be declared indigent with respect to the fees set forth in the Supreme Court Rules, Appendix C,

Schedule 1. 3 I am (single/married). 4 I support [number] children and/or other dependants (not) including a wife/husband. 5 My gross monthly earnings are $ , and my net take-home pay is $ 6 My wife/husband, with whom I reside, is (employed/unemployed) Her/his gross monthly earnings are $ Her/his take-home pay is $ 7 There are no other sources of income (other than [amount] from [source]). 8 Attached as Exhibit "A" is a current statement of the income and expenses, assets and liabilities of my household. 9 I have no other assets of remarkable value nor access to the same through members of my household nor the ability to borrow money for the fees set forth in Appendix C. 10 Attached as Exhibit "B" is my Notice of Application for Leave to Appeal/Notice of Appeal. 11 Attached as Exhibit "C" is a copy of the reasons for judgment appealed from 49 of 67

12 The within appeal contains a reasonable ground of appeal and is neither scandalous, frivolous nor vexatious, and is not otherwise an abuse of process of this Honourable Court. SWORN BEFORE ME at the City of , Province of British Columbia, this day of 20 Signature of Deponent A Commissioner for taking Affidavits in the Province of British Columbia 50 of 67

Exhibit A INCOME Gross Monthly Salary Net Monthly Salary Commissions E.I.

Pension Investments Rental Income Social Assistance Other TOTAL PER MONTH ASSETS Automobile (market value) Make and Year of auto Real Estate (market value Real Estate Equity Bank or other accounts Stocks/Bonds Life Insurance Personal Property Cash Other TOTAL EXPENSES DEBTS Automobile payment /mo Balance owing Bank or Finance Co. /mo Balance owing Department Store /mo Balance owing Credit Cards /mo Balance owing Other /mo Balance owing TOTAL PER MONTH Rent Mortgage Taxes Utitilities (heat & phone) Clothing Transportation Medical/Dental Entertainment Child Care Sundries Other (Insurance etc.

TOTAL PER MONTH Exhibit "A" to the Affidavit of sworn this day of , 20 A Commissioner for taking Affidavits in the Province of British Columbia 51 of 67

FORM 20 (RULE 39 (4) (c) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) COVER MEMORANDUM To: [name the party to be served and the party's solicitor, if any From: [far number from which document was transmitted as well as name, address and telephone number of sender] Date: [date and approximate time of transmission] Re: [name of case, Court File #] Message: [brief description of document being served] Name and telephone number of person to contact in the event of problems: Number of pages, including cover memo: 52 of 67

FORM 21 (RULE 40 (1) (a) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) BOOK OF AUTHORITIES (Name of appellant) (Name of respondent) (Name of appellant's counsel, if any) (Name of respondent's counsel, if any) (Address of appellant or, if the appellant is repre- (Address of respondent or, if the respondent is sented, name and address of the appellant's law represented, name and address of the respondent's firm) law firm) COMPLETION INSTRUCTIONS Each volume of a book of authorities must have its volume number labelled on the spine and must be bound with (

a) a grey cover in the case of a joint book of authorities, or (

b) if it is not practicable for the parties to file a joint book of authorities, (

i) a buff cover, in the case of an appellant's book of authorities, or (ii) a green cover, in the case of an respondent's book of authorities. If the book of authorities consists of 2 or more volumes, each of the pages in the book of authorities may be printed on both sides of the page. The authorities contained in the book of authorities must be separated by divider tabs. 53 of 67

FORM 22 (Run 46 (a) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) NOTICE OF SETTLEMENT OR ABANDONMENT In the matter of the appeal commenced by (Notice of Appeal/Notice of Application for Leave to Appeal) filed on [dale of filing], from the order of the Honourable Mr./Madam Justice [insert name of trial or chambers judge] pronounced [insert date of Supreme Court order]. Take Notice that I, [insert your name], appellant in the above-noted matter, hereby abandon this Appeal.

Date Appellant/Solicitor for the Applicant This NOTICE OF SETTLEMENT OR ABANDONMENT is filed by: [insert name] whose address is: [insert address] Telephone number is: [insert telephone number] 54 of 67

FORM 23 (RULE 47 (3) (a) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) RESERVE JUDGMENT BEFORE: The Honourable Mr./Madam Justice The Honourable Mr./Madam Justice The Honourable Mr./Madam Justice [Justices' names must he set out in the same order as in the reasons for judgment] Vancouver, British Columbia, [date reserve judgment was released] THE APPEAL from the judgment/determination of [state name of judge and court/tribunal appealed from] at [state location of court/tribunal] dated [state date of judgment/determination appealed from] coming on for hearing on [state date(

s) of the hearing in the Court of Appeal], AND ON HEARING [insert name of counsel for the appellant or state the appellant appearing in person .] and [insert name of counsel for the respondent or state "the respondent appearing in person"], AND ON READING the materials filed herein, AND ON JUDGMENT BEING RESERVED TO THIS DATE; THIS COURT ORDERS (that the appeal is dismissed/allowed etc.) AND THIS COURT FURTHER ORDERS that AND THIS COURT FURTHER ORDERS that the [insert name of successful party on the appeal] do recover the costs of the appeal from [insert name of unsuccessfid party] forthwith after assessment.

APPROVED AS TO FORM: BY THE COURT Counsel for the Appellant Deputy Registrar Counsel for the Respondent 55 of 67

FORM 24 (RULE 47 (3) (b) ) Court of Appeal File No.

COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) ORAL JUDGMENT BEFORE: The Honourable Mr./Madam Justice The Honourable Mr./Madam Justice The Honourable Mr./Madam Justice [Justices' names must he set out in the same order as in the reasons for judgment] Vancouver [or other location of hearing], British Columbia, [date of oral judgment] THE APPEAL from the judgment/determination of [gate name of judge and court/tribunal appealed from] at [state location of court/tribunal] dated [state date ofjudgment/determination appealed from] coming on for hearing on [insert datets) of the hearing in the Court of Appeal], AND ON IlEARING [insert name of counsel for the appellant or state "the appellant appearing in person") and [insert name of counsel for the respondent or state "the respondent appearing in person"]; AND ON READING the materials filed herein; THIS COURT ORDERS that (the appeal is dismissed/allowed etc.) AND THIS COURT FURTHER ORDERS that AND THIS COURT FURTHER ORDERS that the [insert name of successful party on the appeal] do recover the costs of the appeal from [insert name of unsuccessful party] promptly after assessment.

APPROVED AS TO FORM: BY THE COURT Counsel for the Appellant Deputy Registrar Counsel for the Respondent 56 of 67

FORM 25 (RULE 47 (3) (c) ) Court of Appeal File No.

COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) ORDER OF A JUSTICE BEFORE THE HONOURABLE MR./MADAM JUSTICE [insert name of chambers justice] IN CHAMBERS ON [insert date of chambers hearing] THE APPLICATION OF [appellant/respondent] for [insert type of application] coming on for hearing this day at . , British Columbia; AND ON HEARING [insert name of counsel for the appel- lant or state the appellant in person"] and [insert name of counsel for the respondent or state "the respondent in person"]; AND ON READING the materials filed herein; IT IS ORDERED that IT IS FURTHER ORDERED that APPROVED AS TO FORM: Counsel for the Appellant Counsel for the Respondent 57 of 67

FORM 26 (RULE 48 (2) (a) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) CONSENT ORDER [Insert date of the order]

WHEREAS: (

a) all parties have consented to this order, (

b) no person involved is under any legal disability, and (

c) all parties have agreed to comply hereafter with the time limits set forth in the Court of Appeal Act and Court of Appeal Rules, IT IS ORDERED that the time set for , the [appellant/respondent], to file and serve the appeal hook/the transcript/its factum is extended until [insert the date of the extension] APPROVED AS TO FORM: BY THE COURT Counsel for the Appellant Deputy Registrar Counsel for the Respondent 58 of 67

FORM 27 (RULE 48 (2) (b) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) CONSENT ORDER TO REMOVE PROCEEDING FROM INACTIVE LIST [Insert date of the order]

WHEREAS: (

a) all parties have consented to this order, (

b) no person involved is under any legal disability, and (

c) all parties have agreed to comply hereafter with the time limits set forth in the Court of Appeal Act and Court of Appeal Rules, IT IS ORDERED that this appeal/application for leave to appeal be removed from the inactive list and that the time limit for taking the next step required by the Court of Appeal Act or Court of Appeal Rules must commence to run as of the date of this order. IT IS FURTHER ORDERED that the certificate of readiness be filed within 180 days of the date of this order, failing which the appeal/application must be returned to the inactive list.

AF PROVED AS TO FORM: BY THE COURT Counsel for the Appellant Deputy Registrar Counsel for the Respondent Note: This form of order may not be used to reinstate appeals that have been dismissed as aban- doned under

section 25 (6) of the Act. Note: This . form of order may only be used if there is no prior order for reinstatement. 59 of 67

FORM 28 (Run 48 (2) (c) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: AND: BEFORE THE HONOURABLE [registrar will insert name of justice] IN CHAMBERS Appellant/Respondent (Plaintiff) Appellant/Respondent (Defendant) [registrar will insert date of order] ON application of [appellant/respondent] herein; AND BY CONSENT; IT IS ORDERED that IT IS FURTHER ORDERED that APPROVED AS TO FORM: Counsel for the Appellant Counsel for the Respondent 60 of 67

FORM 29 (RULES 49 (2) (

b) AND 68 (1) (c) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) APPOINTMENT I appoint: Time: Date: Place: [ ] Court of Appeal, Suite 400, 800 Homby Street, Vancouver, BC OR [ ] by telephone conference as the time and place [check one or more]: [ ] for the assessment of the bill of costs of [party] [ ] to settle contents of transcript ] to settle order of [list all justices making the order as Mr.

Justice or Madan Justice] made [date] Attached to this Appointment is the bill of costs or proposed order that is the subject of the Appointment. Date Registrar Full name, address and telephone number of party or party's solicitor Name: Address . Telephone: [Indicate whether the application will be of a time consuming or contentious nature, and estimate the amount of time required.] 61 of 67

FORM 30 (RULE 68 (1) (b) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) BILL OF COSTS OF ..... Tariff Scale Unit Value $ Item Description Number of Units Claimed: Allowed: Total Number of Units Multiply by unit value $ Subtotal Tax Tax Total Disbursements Description Claimed: Allowed: Subtotal Tax Tax Total TOTAL ALLOWED: Date of Assessment: Registrar• 62 of 67

FORM 31 (RULE 69 (1) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) CERTIFICATE OF COSTS I CERTIFY that on [date], the costs of the [description and name of party] have been allowed against the [description and name of party] at Date Registrar 63 of 67

FORM 32 (APPENDIX B,

SECTION 7 (1) ) Court of Appeal File No. COURT OF APPEAL BETWEEN: Appellant/Respondent (Plaintiff) AND: Appellant/Respondent (Defendant) OFFER TO SETTLE To: [party] The [name the party] offers to settle costs in accordance with

section 7 of Appendix B of the Court of Appeal Rules. Dated Party/Party's Solicitor 64 of 67

APPENDIX B - PARTY AND PARTY COSTS Application I Unless a special tariff is provided for in an enactment, this Appendix applies to the assessment of costs that are payable as between party and party in all appeals, appli- cations for leave to appeal and all other proceedings in the Court of Appeal commenced after September 5,1995. Scale of costs 2

(1) If a party is entitled to costs, the costs must be assessed under Scale 1 unless the court or a justice otherwise orders.

(2) In fixing the scale of costs, the court or a justice must have regard to the following principles: (

a) Scale 1 is for matters of ordinary difficulty; (

b) Scale 2 is for matters of more than ordinary difficulty or importance; (

c) Scale 3 is for matters of unusual difficulty or importance.

(3) In fixing the appropriate scale under which costs will be assessed, the court or a justice may take into account the following: (

a) whether a difficult issue of law, fact or construction is involved; (

b) whether an issue is of importance to a class or body of persons, or is of general interest; (

c) whether the result of the proceeding effectively determines the rights and obligations as between the parties beyond the relief that was actually granted or denied. Value of units 3

(1) The value for each unit allowed on an assessment is as follows: (

a) Scale 1 - $60 for each unit; (

b) Scale 2 - $80 for each unit; (

c) Scale 3 - $100 for each unit.

(2) If maximum and minimum numbers of units are provided for in an Item in the Tariff of Costs, the registrar has the discretion to allow a number within that range of units.

(3) If the Tariff of Costs indicates a range of units in relation to costs to be assessed, the registrar must have regard to the following principles: (

a) the fewest number of units is for matters on which little time should ordinarily have been spent; (

b) the maximum number of units is for matters on which a great deal of time should ordirarily have been spent. Discretion as to costs 4

(1) The court or a justice may order, under

section 2 (1), that (

a) costs be awarded in an amount fixed by the court or justice, or 65 of 67

(

b) no costs be awarded against a party.

(2) Without limiting subsection (1), the court or a justice may, (

a) with the consent of the parties, fix a lump sum as the costs of the whole proceeding, either inclusive or exclusive of disbursements and expenses, and (

b) on application by a party, or by consent, fix a lump sum as the costs of an application within the proceeding, either inclusive or exclusive of disburse- ments and expenses.

(3) Without limiting subsection (1), if anything is done or omitted improperly or unnecessarily by or on behalf of a party, the court or a justice may order (

a) that any costs arising from the act or omission not be allowed to the party, or (

b) that the party pay the costs incurred by any other party by reason of the act or omission. Apportionment if appeals heard together 5 If 2 or more appeals have, by order, been heard at the same time or heard one after the other and no order has been made to apportion costs, the registrar may (

a) assess 2 or more bills as one bill, (

b) allow an item once or more than once, or (

c) apportion the costs of an item or of the whole bill between the appeals. Preparation if activity does not take place 6 If, in the Tariff of Costs, units may be allowed for preparation of a record or for preparation for an application, conference or hearing, the registrar may allow units, up to the maximum number allowable, for that preparation even though the record is not ultimately required or the application, conference or hearing does not take place or is adjourned. Offer to settle bill of costs 7

(1) A party to an assessment may deliver to another party an offer to settle the amount of the bill of costs in Form 32 and, after the assessment has been completed, may produce the offer to the registrar.

(2) If an offer is produced to the registrar under subsection (1), the registrar must determine whether the offer should have been accepted and, if so, may do one or more of the following as appropriate: (

a) disallow, to the party presenting the bill, items of the tariff that relate to the assessment; (

b) allow the party making the offer, by way of set off, items of the tariff that relate to the assessment; (

c) allow to the party presenting the bill and making the offer double the value of items of the tariff that relate to the assessment. 66 of 67

TARIFF OF COSTS Item Description Units 1 Advising appellant or respondent on appeal, application for leave to appeal or cross-appeal. Minimum 5 Maximum 20 2 Preparation and settlement of appeal book and transcript. 5 3 Preparation of motion book including written argument. 5 4 Preparation of factum. Minimum 10 Maximum 50 5 Preparation of written argument if specifically ordered by the court or a justice or directed by the registrar. 5 6 Preparation for a pre-hearing conference and for each application, including leave to appeal applications, and each review under

section 9 (6) of the Act. 5 Attendance at a pre-hearing conference and for each application, including leave to appeal applications, and each review under

section 9 (6) of the Act. 5 8 Preparation for cross-examination on affidavits under Rule 37, per 1/2 day for the party conducting the cross-examination for the party being examined. 2 1 9 Attendance at cross-examination on affidavits under Rule 37. per 1/2 day for the party conducting the cross-examination for the party being examined. 4 2 10 Preparation for hearing of appeal, per 1/2 day. Minimum 10 Maximum 30 11 Attendance at hearing of appeal, per 1/2 day. 10 12 Preparation and settlement of judgment. 13 Preparation and assessment of bill of costs. Minimum 1 Maximum 3 67 of 67

Rule Changes Court of Appeal Rules November 6, 2001 J. Jordan, Registrar The Court of Appeal has rewritten its Rules of Court. The purpose of the new rules was to incorporate practice directives, to reduce paper in the Court of Appeal by limiting the number of transcripts and the content of the appeal books, to incorporate all of the precedent in use and to simplify court procedures so that in person litigants could more easily determine what is required of them in the Court of Appeal. This document is prepared for the purpose of noting the changes between the current rules and the proposed rules. 1. Rule 1 -

Definitions • The definition of "file" was changed to allow for filing documents in any of the registries of the Court. The rules currently require subsequent documents to be filed in the registry where the notice of appeal is filed. There is no reason for this limitation.

Vancouver, Victoria and Kamloops are the only filing registries. • The definition of "party" has been changed to include the person bringing the proceeding and each respondent who has filed a notice of appearance • "Proceeding" is defined • A "respondent" is defined as someone named as a respondent in a notice of appeal or application for leave to appeal or who is added as a respondent. • The term "serve" is included in the

definitions and refers to Rule 39, where service is either on a respondent personally or on their solicitor in the court below; and service on a party is by serving, delivering to the address given in a filed document or by faxing if there is a fax number provided. 2. Format of the Rules The new Rules have been organized differently from the old Rules. The provisions relating to each type of appeal have been consolidated. The new sections of the Rules are organized as follows:

Part 1 -

INTERPRETATION

Part 2 - APPLICATIONS FOR LEAVE TO APPEAL

Part 3 - NOTICES OF APPEAL

Part 4 - CROSS APPEALS

Part 5 - APPEAL PROCEEDINGS (filing appeal hooks, transcripts and factums)

Part 6 - APPLICATIONS

Part 7 - PROCEDURES ON APPEALS AND APPLICATIONS

Part 8 - ORDERS

Part 9 - GENERAL

Part 10 - COSTS

3. Rule 3 - Application for leave to appeal This rule incorporates the Practice Directive. All of the material relating to the format of the motion book has been moved to Form 4. Throughout the new rules, there is a formula provided for figuring out how many copies need to be filed with the court and filed for the purpose of delivering to the other parties. The formula is to state how many copies are filed with the court and then to ask that additional copies are filed depending on how many parties need to be served with the document. 4.

Rule 4 - Amendment of the Notice of Appeal A notice of appeal may be amended without leave before the motion book is filed and after the book is filed, only with leave of a justice. 5. Rules 7-9 - Procedure on Leave Applications These rules incorporate the former Practice Directive and sets the procedure for applying for leave, what to do where there is also an application for a stay, and what additional material must be filed. 6. Rule 10 - Where Leave is Granted This rule was added to cover the situation where a respondent does not want to take

part in the leave application, does not file an appearance, but may want to take

part in the appeal if leave is granted. Here, a respondent who has not filed an appearance to a leave application must be served with the order granting leave and is given a chance to file an appearance. 7. Rule 19 - Appeal Record The appellant is to file an appeal record 60 days after tiling a notice of appeal. The appeal record is a blue covered book containing the pleadings, order and judgment of the case under appeal and the Notice of Appeal. No approval is needed from the respondent to file this book. 8.

Rule 20 - Transcripts of Evidence If there was oral testimony at trial, the appellant is to file one paper copy of the transcript and one electronic copy of the transcript with the court. This filing should be made 60 days after bringing the appeal. Each party is entitled to receive a paper copy of the transcript and an electronic copy if they request one. No approval is required for filing the transcript. Approval is only needed when the appellant wants to file a partial transcript.

9. Rule 21-25 - Factums A party may file an electronic version of their factum with the court. The factum is filed 30 days after filing the appeal record. Further information from the Practice Directive is included in this rule, including the 30 page limit. Only a justice can extend the page- length of a factum. As well, the appellant is given the right to file a reply to the factum of the respondent who has filed a cross appeal (Rule 25). 10.

Rule 26 - Appeal Books Along with the factum, a party must also file an appeal book which contains only so much of the evidence as is necessary to resolve the issues on the appeal. Parties may file a joint appeal book. Form 12 contains the requirements of the appeal book. 11. Rule 27 - Transcript extracts The appellant must also file with the factum a book of transcript of transcript extracts which contain only that portion of the transcript as is necessary to explain the reference in the factum. 12. Rule 28 - Certificate of readiness

a) An appellant may file a certificate of readiness at the same time as the factum, appeal book and transcript extracts are filed.

b) The procedure for obtaining a date is set out in the Rules. 13. Rule 29 - Prehearing Conferences This rule has been expanded to include a procedure for requesting a prehearing conference. 14. Rule 31 - Further Evidence This rule sets out the procedure for a new evidence motion and makes the returnable date of the motion the date set for the healing of the appeal, unless otherwise ordered. The time for filing the material is included in the rule. There is provision for the filing of affidavits in opposition. 15.

Rule 33 - Requirements for Chambers Applications This rule sets out the procedure for filing a chambers application as well as the material which should accompany such a motion. The former rules did not include this information.

16. Rule 34 - Vary an order of a Justice This rule incorporates the review procedure set out in the Practice Directive. 17. Rule 36 - Intervenor Applications This is a new rule based loosely on the Supreme Court of Canada provision. This rule sets out the procedure for applying for intervenor status, including when the application should be made, requiring the person to file a memorandum of argument and strictly limiting the size of the intervenor's factum. As a rule, the intervenor will not be presenting oral argument. 18.

Rule 37 - Application to Cross-Examine on Affidavits This is a new rule which sets out some basic procedure for a party who wants to cross- examine on an affidavit filed in an appeal proceeding. There is a similar addition to the tariff items to take this into account. 19. Rule 39 - Service of Documents This cleans up the service provisions for initiating documents and for subsequent documents. The rule also stipulates that an address for delivery must be a business or office within B.C. If a party includes a fax number on their initiating document or on the appearance, further documents may be served by fax.

Documents may also be delivered to an address provided as an address for service. 20. Rule 40 - Books of Authorities This is another practice directive which has been incorporated into these rules. The books must be filed at least 30 days before the hearing of the appeal. If the authority is over 30 pages, the party may file the headnote only and a copy of the pages referred to in the factum. Tile rule also gives the registrar the authority to publish a list of authorities which parties need not include in these books. 21.

Rule 47 -51 - Orders The current rules provide no rule or forms for orders and do not provide for the settlement of orders by the registrar. This rule incorporates the relevant parts of the Supreme Court Rules into our rules and clarifies the procedure for settling orders. The rule also refers to the relevant forms. 22. Rule 52 - Time Limits may be Extended or Abridged This is a provision which is in the Act but which the Committee decided to include in the Rules as well to make it clear that a justice always has the power to extend or shorten time limits.

23. Rule 56 - Indigent Litigants Instead of a cursory mention of an application to be declared indigent, the provisions of

Schedule 1 Appendix C of the Supreme Court Rules are repeated here. This is to emphasize the fact that a judge will also look at merit of an appeal before granting indigent status. 24. Rule 58 - Practice Directives and Practice Notes The Court is given the power to issue Practice Directives and the Registrar is given the power to issue Practice Notes. Appendix A Forms This

section will list the changes and additions to the forms in the current rules. General note: There is now no registry location listed on Court of Appeal forms. Only the initiating documents require the Supreme Court file number and registry. 1. Form 1 - Notice of Application for Leave to Appeal This form has been expanded to include 10 case categories. There is also a notice now at the foot of the form noting that the respondent must file an appearance within 10 days, otherwise they are deemed to take no position on the application and the other parties are not obliged to serve any further documents on them. 2.

Form 3 - Notice of Motion for Leave to Appeal This is a new form in the rules. There is a note at the bottom of the form indicating the application will take no more than 30 minutes to hear. 3. Form 4,5 - Motion Book for Leave to Appeal and Reply This is a new form which incorporates the provisions of the Practice Directive on leave to appeal which are listed under the heading of "Completion Instructions". There is also a new form for a reply book. 4. Form 6 - Notice of Motion There is a general form added for notices of motion. The former rules did not have this form.

5. Form 7 - Notice of Appeal Like Form 1, this form has the added case categories, including subheadings for the family category. There is also the note at the foot of the document urging the recipient to file an appearance. 6. Form 8 - Notice of Cross Appeal This is now a separate form for a cross appeal in the rules. 7. Form 9 - Appeal Record This is the new form for the fist appeal book to be filed by the Appellant. This book was originally called a skeleton appeal book. 8. Form 10 - Factum The factum format has been changed, eliminating the line numbers and the outline box for the page.

The form is presented like a factum, with continuous paragraph numbering divided into four parts. The spacing in the factums is allowed at 1 1/2 spaces between the lines and the type of the factums is set at a 12 point minimum. There is also the requirement of margins at 2.5 cm. 9. Form 11 - Appellant's Reply This is a new form and sets the limit of a reply factum at 5 pages. 10. Form 12 - Appeal Book This is the new book which will be filed and which contains "only so much of the evidence, including exhibits, affidavits and other documents, as is necessary to resolve the issues raised on the appeal". 11.

Form 13 - Transcript Extract Book This is a new form setting out the format of the Transcript extract book. 12. Form 14 - Certificate of Readiness This form has been amended to include a space for indicating the location where the appeal should be set down.

13. Forms 15-17 - Applications to vary an order of a justice There are new forms for this specific application. They include a notice of motion, a motion book and a form for a reply book. 14. Form 18 - Memorandum of Argument on Leave to Intervene This is a new form which includes completion instructions regarding the content of the memorandum. 15. Form 19 - Affidavit & Exhibit This new form reproduces an affidavit to be filed with an application for indigent status. In addition to the affidavit there is also a precedent for Exhibit A, a financial statement, which should be attached to the affidavit. 16.

Form 20 - Cover Memorandum This is a new form which is the cover memorandum required when material is sent to another party. The memorandum includes basic information about the document being served by fax. 17. Form 21 - Book of Authorities This is a new form which gives basic format instructions for a book of authorities, including the colour of a joint book (grey) and the direction that multiple volumes of authorities be numbered sequentially on the spine. 18. Form 22 - Notice of Settlement or Abandonment This is a new form. 19.

Forms 23-28 - Orders These are all new forms of orders covering reserve judgment, oral judgment, chambers judgment, consent order which needs judge approval, consent order which is just signed by the registrar, and a consent order to remove a proceeding from the inactive list.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1075/2001
Type	order_in_council
Volume / chapter	arc oic 1075 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	bb9212985a3fde216787e8c396014d960244cf93

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