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Volume 47, No. 10

B.C. Reg. 201/2004

The British Columbia Gazette,

Part II

May 18, 2004

B.C. Reg. 201/2004, deposited May 7, 2004, pursuant

to the COURT RULES ACT [Section 1]. Order in Council 444/2004,

approved and ordered May 6, 2004.

On the recommendation of the undersigned, made after consultation

with the Chief Justice of the Supreme Court, the Lieutenant Governor, by and

with the advice and consent of the Executive Council, orders that, effective

July 1, 2004, the Supreme Court Rules, B.C. Reg. 221/90,

is amended as set out in the attached Schedule.

— P. G. PLANT, Attorney

General and Minister Responsible for Treaty Negotiations; G. CAMPBELL,

Presiding Member of the Executive Council.

Schedule

1 The Supreme Court Rules, B.C. Reg. 221/90, are amended in the definition

of "originating application" in Rule 1 (8), in Rules 3 (3.2) (a),

17 (2), 25 (3) (c), 34 (1), 41 (16) (

a) and (16.3) (a),

42 (42), 51A (3) (c) (i), (17) (

b) and (18), 60 (24) (

a) and (25) (a), 60E (4) and (5), 61 (3), 64

(9) and 67 (4) (c) (vi) and (vii), in Forms 2 and 56

and in Item 11 of

Schedule 1 of Appendix C by striking out "praecipe"

wherever it appears and substituting "requisition".

2 Rule 1 (9) and (10) is repealed.

3 Rule 6 (10.2) (

b) and Form 129 are amended by striking out "style of proceedings" and substituting "style of proceeding."

4 Rule 11 (2) (

b) is amended by striking out " Company Act " and substituting

" Business Corporations Act ".

5 Rule 39 (5) is repealed and the following substituted:

Registry

(5) Subject to subrule (5.1), the notice of trial must

be issued from

(

a) the registry where the writ was issued, or

(

b) the registry to which the proceeding has been transferred

for all purposes.

If trial is to be held in a different registry

(5.1) If, by virtue of a court order or the endorsement

on the statement of claim, the trial of an action is to be held in a registry

other than the registry where the writ was issued, the party wishing to confirm

the trial must file with the registry where the trial is to be held an application

for a trial date in Form 36A.

Stamped application for a trial to be filed

(5.2) If a registry accepts an application for a trial

date under subrule (5.1), the registry must stamp and return the application

to the party who filed it, and that party must then file the stamped application,

together with the notice of trial, in the registry where the writ was issued.

6 Rule 40 is amended by adding the following subrule:

Numbering exhibit pages

(12.1) If a copy of a document is introduced as an exhibit,

(

a) each page of the exhibit must be numbered sequentially,

beginning with the first page of the exhibit and ending with the last page of

the exhibit, or

(

b) if the exhibit is divided by tabs,

(

i) each page of the exhibit that is not behind a tab

must be numbered sequentially, beginning with the first of those pages and ending

with the last of those pages, and

(ii) each page of the exhibit that is behind a tab must

be numbered sequentially, beginning with the first page behind the tab and ending

with the last page behind the tab.

7 Rule 55 (34) is amended by striking out "a statement of particulars, to be known as a "preliminary act" which shall be sealed up and shall contain" and substituting "a sealed envelope that bears the style of proceeding and in which has been enclosed a statement of particulars, to be known as a "preliminary act", that contains".

8 Rule 60 is amended by adding the following subrules:

Electronic court docket information available

(41.1) Despite any other power the registrar may have

to compile and retain information, the registrar may compile and retain an index,

in electronic format or otherwise, that contains the following information respecting

proceedings referred to in subrule (41):

(

a) the parties as identified in the style of proceeding;

(

b) the case file number as set out in the style of proceeding;

(

c) the category or type of the proceeding;

(

d) the date the proceeding was commenced.

Access to information

(41.2) Unless the court otherwise orders, any person

may, in respect of a proceeding referred to in subrule (41), have access

to the information retained in the registry under subrule (41.1) about

that proceeding.

Limitation

(41.3) Nothing in this rule requires the registrar to

provide access to information in any form or format other than the form and

format in which that information is available in the registry at the time that

the request for access is made.

9 Rule 60E (16) is amended by striking out "July 2, 2004." and substituting

"July 2, 2005."

10 Rule 66 (11) is amended by striking out "file and".

11 Rule 67 (10) is amended by striking out "July 2, 2004." and substituting

"July 2, 2005."

12 Form 8 is amended by striking out "APPEARANCE" and substituting the

following:

[Style of Proceeding]

APPEARANCE.

13 The following Form is added:

FORM 36A (Rule 39 (5.1))

........................... REGISTRY

FILE NO................................

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:

AND:

PLAINTIFF(

S) EFENDANT(

S) APPLICATION FOR TRIAL DATE

The Plaintiff/Defendant [select one] hereby applies

for a trial date for the action, and confirms that the trial is to be held at................................,

British Columbia in accordance with [select one]

· the endorsement on the Statement of Claim

[attach a copy of the page or pages of the Statement of Claim that bear the

applicable endorsement]

· an entered order of the court [attach

a copy of the order]

It is estimated that the trial of this action will take

approximately ............... day(s).

This action is for: [insert brief

summary of the nature

of the claim]

DATED at .................., British Columbia, ..........................,

20........

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

Party or Party's Solicitor

COUNSEL FOR THE PLAINTIFF(S):

COUNSEL FOR THE DEFENDANT(S):

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

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

Name

Name

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

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

Address and Phone number

Address and Phone Number

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

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

Email Address

Email Address

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

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

TO THE REGISTRAR AT .........................................................

This is to advise that .............

day, the ................ day of .........................., 20........,

at 10:00 a.m. has been reserved for the trial of the above

action at.............................., British Columbia.

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

DEPUTY DISTRICT REGISTRAR

14 Forms 127, 129 and 130 are amended by striking out the following:

[ ] Judicial Separation .

Schedule 1 of Appendix C is amended by striking out everything after Item 31 and substituting the following:

Indigency status

S1 (1) If the court, on

summary application before

or after the commencement of a proceeding, finds that a person is indigent,

the court may order that no fee is payable to the Crown by the person to commence,

defend or continue the whole or any part of the proceeding unless the court

considers that the claim or defence

(

a) discloses no reasonable claim or defence, as the case may be,

(

b) is scandalous, frivolous or vexatious, or

(

c) is otherwise an abuse of the process of the court.

(2) An order under subsection (1) may apply to one or more of the following:

(

a) a proceeding generally:

(

b) any part of a proceeding;

(

c) a specific period of time;

(

d) one or more particular steps in a proceeding.

(3) On application or on the court's own motion, the

court may review, vary or rescind any order made under subsection (1) or (2).

(4) Despite anything in this Schedule, if the court makes an order in relation to a person under this section, no fee is payable to the Crown by that person in relation to the proceeding, part of the proceeding, period of time or steps to which the order applies.

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