Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 48, No. 7

B.C. Reg. 177/2005

The British Columbia Gazette,

Part II

April 5, 2005

B.C. Reg. 177/2005, deposited March 30, 2005, pursuant

to the COURT RULES ACT [Section 1]. Order in Council 355/2005,

approved and ordered March 29, 2005.

On the recommendation of the undersigned, made after consultation

with the Chief Justice of the Supreme Court, the Administrator, by and with

the advice and consent of the Executive Council, orders that, effective September 1, 2005,

the Supreme Court Rules, B.C. Reg. 221/90, are 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 by adding the

following rule:

Rule 68 — Expedited Litigation Project Rule

Application

Definition

(1) In this rule, "expedited action" means an

action to which this rule applies under subrule (2) or (3).

Actions to which this rule applies

(2) Subject to subrule (5), this rule applies to an action

commenced in the Vancouver, Victoria, Prince George or Nelson registry after

September 1, 2005 if

(

a) the only claims in the action are for one or more of the following:

(

i) money;

(ii) real property;

(iii) personal property, and

(

b) the total of the following amounts is $100 000 or less, exclusive of interest and costs:

(

i) the amount of any money claimed in the action by the plaintiff for pecuniary loss;

(ii) the amount of any money to be claimed in the action by the plaintiff for non-pecuniary loss;

(iii) the fair market value, as at the date the action is commenced, of all real property, all interests in real property, all personal property and all interests in personal property claimed in the action by the plaintiff.

Actions to which this rule may apply

(3) Subject to subrule (5), this rule applies to any action not referred to in subrule (2) if the parties to the action consent.

No maximum recovery

(4) Nothing in this rule prevents a court from awarding

damages to a plaintiff in an expedited action for an amount in excess of $100 000.

Actions to which this rule does not apply

(5) This rule does not apply to the following actions:

(

a) a family law proceeding;

(

b) a class proceeding within the meaning of the Class

Proceedings Act .

This rule prevails in event of a conflict

(6) The rules that apply to actions apply to an expedited action except that, in the event of a conflict between this rule and another rule, as those rules relate to an expedited action, this rule applies.

When rule ceases to apply

(7) This rule ceases to apply to an action if the court,

on its own motion or on the application of any party, so orders.

Style of proceeding for expedited actions

(8) The style of proceeding for an expedited action must

include the words "Subject to Rule 68" immediately below the listed parties.

When style of proceeding must be amended

(9) If an action becomes an expedited action after one

or more pleadings in the action have been filed, the style of proceeding for

all subsequent pleadings in the action must include the words "Subject to Rule 68"

immediately below the listed parties.

Limitation on interlocutory applications

(10) Subject to subrule (11), a party to an expedited

action must not deliver to another party a notice of motion or affidavit in

support of an interlocutory application unless a case management conference

or a trial management conference has been conducted in relation to the action.

Exceptions

(11) Subrule (10) does not apply to an application made

(

a) for an order under subrule (7) that this rule cease to apply to the action,

(

b) to obtain leave to bring an application referred to in subrule (12),

(

c) under Rule 18 or 19 (24),

(

d) to add, remove or substitute a party, or

(

e) by consent.

Court may grant relief

(12) On application by a party, a judge or master may

relieve a party from the requirements of subrule (10) if

(

a) it is impracticable or unfair to require the party

to comply with the requirements of subrule (10), or

(

b) the application referred to in subrule (10) is urgent.

Proportionality

(13) In considering any application under this rule,

the court must consider what is reasonable in relation to the amount at issue

in the action.

Trial without jury

(14) A trial in an expedited action must be heard by the court without a jury.

Document Disclosure

Limitations on discovery of documents

(15) Rule 26 does not apply to an expedited action.

Disclosure of documents

(16) Within 15 days after the close of pleadings or within

15 days after the action becomes an expedited action, whichever is later, each

party must

(

a) prepare and deliver to every other party a list of

(

i) all documents referred to in the party's pleading,

(ii) all documents to which the party intends to refer at trial, and

(iii) all documents in the party's control that could

be used by any party at trial to prove or disprove a material fact, and

(

b) deliver to every other party a copy of each of the listed documents.

Continuing obligation to provide list

(17) If a party who has provided a list or revised list

of documents later learns that the list is inaccurate or incomplete, the party

is under a continuing obligation to

(

a) add to the list any documents or class of documents

that must be added to provide an accurate and complete list of the documents

of which disclosure is required under subrule (16) (a),

(

b) deliver to the other parties the revised list along with copies of the newly listed documents, and

(

c) make the originals of the newly listed documents

available for inspection in accordance with subrule (18).

Inspection of documents

(18) A party who has prepared or revised a list of documents

under subrule (16) or (17) must, on request, make the originals of the listed

documents available for inspection at the address for delivery of that party

or at such other location as that party and the party requesting inspection

may agree.

Party may request additional documents

(19) If a party who has received a list of documents

under subrule (16) or a revised list of documents under subrule (17) believes

that the list omits documents or a class of documents that should have been

disclosed under those subrules, the party may, by written demand, require the

party who prepared the list to

(

a) add to the list the documents or class of documents referred to in the demand,

(

b) deliver to the demanding party the revised list along with the newly listed documents, and

(

c) make the originals of the newly listed documents

available for inspection in accordance with subrule (18).

Application for production of documents

(20) Subject to subrule (10), if a party who receives

a demand under subrule (19) does not fully comply with it, the party making

the demand may apply for an order requiring the party who received the demand

to comply with it.

Court may order production of documents

(21) Subject to subrules (13) and (22), on an application under subrule (20) in relation to a list or revised list of documents, the court may order the party who prepared the list to

(

a) add to the list any documents or class of documents

that the court considers should have been disclosed under subrule (16),

(

b) provide to the other parties the revised list along

with copies of the newly listed documents, and

(

c) make the originals of the newly listed documents

available for inspection in accordance with subrule (18).

Considerations of court

(22) Without limiting subrule (13), in considering an

application under subrule (20), the court must consider the difficulty or cost

of finding and producing the documents.

Process for Discovery

Limitations on discovery

(23) Rules 28 and 29 do not apply to an expedited action.

Rule 27 may not apply

(24) Rule 27 does not apply to an expedited action unless

an examination for discovery is allowed under subrule (27).

Limited application of Rule 27

(25) If an examination for discovery is allowed under

subrule (27), Rule 27, other than Rule 27 (20), (21) and (23),

applies to that examination for discovery.

Conflict

(26) In the event of a conflict between Rule 27, as it

applies under subrule (25), and subrules (28) to (30) of this rule,

subrules (28) to (30) of this rule prevail.

No examination without leave or consent

(27) Unless the parties to the action consent or the

court otherwise orders, no party to an expedited action may conduct examinations

for discovery.

Duration of examinations for discovery

(28) An examination for discovery allowed under subrule

(27) must not exceed 2 hours in duration unless the parties otherwise consent.

Extension of time for examinations for discovery

(29) On the application of a party made after an examination

for discovery permitted under this rule, the court may extend the time allowed

for the examination for discovery for a further period that is not greater than

(a) 2 hours, or

(

b) any greater period to which the parties consent.

Considerations of court

(30) Without limiting subrule (13), in exercising its discretion under subrule (27) or (29), the court must take into account

(

a) the issues identified in the pleadings,

(

b) the number and nature of the documents disclosed by the parties,

(

c) the subject areas to be canvassed,

(

d) the parties' estimates of the time that will be required to complete the examination,

(

e) the total amount of the plaintiffs' claims, and

(

f) any other circumstances relevant to the fair resolution of the dispute on its merits.

Witnesses

Witnesses

(31) Within 60 days after the close of pleadings or within

60 days after the action becomes an expedited action, whichever is later, each

party to an expedited action must deliver to each other party

(

a) a list, in Form 141, of the witnesses that the party

delivering the list proposes to call at the trial of the expedited action, which

list must

(

i) include the party delivering the list, if that party intends to give evidence at trial, and

(ii) exclude any expert witnesses referred to in subrule (33), and

(

b) for each of the witnesses included in the list, a

written

summary of the evidence that the party believes that witness will give

at trial.

Effect of failure to disclose

(32) Unless the court orders otherwise, at the trial

of an expedited action, a party may not call a person as a witness unless

(

a) the witness' name has been disclosed in accordance

with subrule (31) (a), and

(

b) a

summary of that witness' evidence has been provided

in accordance with subrule (31) (b).

Experts

(33) Unless the court orders otherwise, a party to an

expedited action is entitled, under Rule 40A, to tender the written statement

of, or to call to give oral opinion evidence, not more than

(

a) one expert of the party's choosing, and

(

b) if the expert referred to in paragraph (

a) does not have the expertise necessary to respond to the other party's expert, one expert to provide the required response.

Case Management Conferences

Case management conference may be requested

(34) Subject to subrule (35), a party to an expedited

action may request a case management conference by filing a requisition in Form 142

at the registry and by delivering a copy of that requisition to every other

party at least 7 days before the date set for that conference.

When case management conference may be requested

(35) A party must not file a requisition under subrule (34) until after

(

a) the expiry of the time limited for the preparation

and delivery of a list of documents under subrule (16), and

(

b) the party has complied with

(

i) subrules (16) and (18), and

(ii) any orders made under subrule (21).

Requisition need not be supported by affidavits

(36) If a requisition provided under subrule (34) discloses

that an order will be requested at the case management conference, the request

need not be supported by an affidavit.

Case management conference may be directed

(37) At any stage of an expedited action, a judge or

master may direct that a case management conference take place and may direct

that a party file and deliver a requisition in Form 142 to every other

party in accordance with subrule (34).

Attendance

(38) Unless a judge or master orders otherwise, if a

case management conference is held, the following persons must attend for each

party and must bring or cause to be brought to the case management conference

all of the documents referred to in the most current list of documents delivered

by the party under subrule (16) or (17):

(

a) the solicitor for the party, if the party is represented by a solicitor;

(

b) if the party is an individual, that individual or a person who has full authority to make decisions for that individual;

(

c) if the party is not an individual, a person who has

(

i) full authority to make decisions for that party concerning the action, or

(ii) access to a person who has, or to a group of persons who collectively have, such authority.

Non-attendance at case management conference

(39) If a party or any person required to appear on behalf

of a party under subrule (38) fails to appear at a case management conference

in relation to which a requisition has been delivered under subrule

(34) or (37), the judge or master may do one or more of the following:

(

a) proceed in the absence of that party or person who failed to appear;

(

b) adjourn the case management conference;

(

c) order that that party pay costs to the other party.

Case management conference may be conducted by judge or master

(40) A case management conference may be conducted by a judge or master.

Matters for consideration

(41) Subject to subrule (49), at a case management conference

in relation to an expedited action, the court may consider the following, and

may, on application or on its own motion, make orders respecting one or more

of the following:

(

a) the issues that are in dispute and those that are not in dispute;

(

b) ways in which the issues in dispute may be resolved

other than by way of trial, including, without limitation, under Rule 18A;

(

c) striking pleadings;

(

d) pleadings be amended or closed within a fixed time;

(

e) discovery, production, exchange or examination of documents or exhibits;

(

f) discovery and examination of parties, including that

and within a schedule, that the court directs;

(

g) all procedures for discovery be conducted in accordance with a

schedule that the court directs;

(

h) a timetable for the steps to be taken in the case before it comes to trial;

(

i) the parties attend a mini-trial, settlement conference

or mediation and giving directions for the conduct of the mini-trial, settlement

conference or mediation;

(

j) requiring that the evidence on any one or more issues be given by one jointly-instructed expert only;

(

k) allowing one or more of the parties to call 2 or more experts;

(

l) requiring a statement of agreed facts to be filed within a fixed time or by a specified date;

(

m) authorizing the bringing of interlocutory applications within a fixed time or by a specified date;

(

n) establishing a period within which any step in the action must be completed;

(

o) fixing one or both of the date and the length of trial;

(

p) trial preparation;

(

q) adjourning the trial;

(

r) settlement of the action or of issues;

(

s) any other matter that may assist in making the trial more efficient;

(

t) any other matters that may aid in the resolution of the proceeding.

Application materials

(42) Without limiting any other power a judge or master

may have under subrule (41), a judge or master conducting a case management

conference may do any or all of the following:

(

a) make orders on the basis of oral submissions only;

(

b) require written materials in relation to any application or matter;

(

c) direct that an application be brought in chambers with affidavit evidence or otherwise;

(

d) give directions respecting the bringing of any chambers application;

(

e) endorse a requisition referred to in subrule (34) or (37) with the order made;

(

f) give directions as to the preparation and entry of any order made;

(

g) give any other directions that he or she thinks just or necessary.

Joint experts

(43) If the court gives a direction under subrule (41) (

j) for a jointly-instructed expert to be used

(

a) the parties must agree on who should be the expert, or, if the parties are unable to agree, the court may

(

i) select the expert from a list prepared or identified by the parties, or

(ii) direct that the expert be selected in any other manner the court may direct,

(

b) each party may give instructions to the expert,

(

c) a party who gives instructions to the expert must, at the same time, send a copy of the instructions to the other parties,

(

d) the court may give directions about

(

i) the payment of the expert's fees and expenses, and

(ii) any inspection, examination or experiments which the expert wishes to carry out,

(

e) the court may, before an expert is instructed

(

i) limit the amount that can be paid by way of fees and expenses to the expert, and

(ii) direct that the instructing parties pay that amount into court, and

(

f) unless the court otherwise orders, the instructing

parties are jointly and severally liable for the payment of the expert's fees

and expenses.

Form of order

(44) Orders made at a case management conference may

be in Form 143 and, if endorsed by the master or judge at the case management

conference, need not be endorsed by counsel.

Proceedings must be recorded

(45) Proceedings at a case management conference must be recorded.

Judge or master may be seized of further applications

(46) At a case management conference, or at any other

time, a judge or master may order that any or all interlocutory applications

in the expedited action be heard by that judge or master.

Other judges or masters may hear applications

(47) A judge or master who has made an order under subrule

(46) may, at any time, direct that any or all interlocutory applications in

the expedited action may be heard by another judge or master.

Presiding judge may hear trial

(48) A judge who has presided at a case management conference may preside at the trial of the action.

Prohibited orders

(49) The following orders must not be made at a case management conference:

(

a) adding, removing or substituting a party except by consent of the affected party or parties;

(

b) an order for final judgment except by consent.

Costs

(50) The court may award costs against any party at a case management conference.

Trial Management Conference

Date for trial management conference

(51) A trial management conference is to be held between

15 and 30 days before the day set for the start of the trial, at a time and

place to be fixed by the registrar.

Trial management conference must be conducted by judge

(52) A trial management conference must be conducted by a judge.

Trial brief required

(53) Each party attending a trial management conference

must file a trial brief and must deliver a copy of the filed trial brief to

each of the other parties at least 7 days before the day set for the trial

management conference.

Contents

(54) A party preparing a trial brief under subrule

(53) must include in that trial brief, in consecutively numbered pages, or separated

by tabs, the following documents in the following order:

(

a) a title page bearing the style of proceeding and the names of counsel;

(

b) an index;

(

c) a

summary of the issues and the party's position on those issues;

(

d) a list of the witnesses, with names and addresses, whom the party intends to call at trial;

(

e) a

summary of the evidence the party expects each witness to give and an estimate of the time required for that the witness to give direct evidence;

(

f) a list of the expert reports the party intends to adduce at trial;

(

g) a list of the witnesses known to the party whom the party intends to cross-examine and an estimate of the time required for cross-examination;

(

h) a list of the documents the party intends to introduce at trial;

(

i) copies of any expert reports the party proposes to rely on at trial;

(

j) an estimate of the time that party requires for an opening statement and final submissions;

(

k) the terms of the order the party will seek at trial;

(

l) a list of any authorities the party intends to rely on at trial.

Procedure at trial management conferences

(55) Subrules (38), (39) and (41) to (50) apply to a trial management conference.

Orders at a trial management conference

(56) In addition to the powers of a judge under subrule

(41) as it applies for the purposes of a trial management conference, the judge

hearing a trial management conference may consider the following and, subject

to further direction of the trial judge, may, on application or on his or her

own motion, make orders respecting one or more of the following:

(

a) a trial scheduling plan;

(

b) admissions of fact at trial;

(

c) admission of documents at trial, including

(

i) agreements as to the purposes for which documents may be admitted, and

(ii) the preparation of common books of documents and document agreements;

(

d) imposing time limits for the direct or cross-examination of witnesses, opening statements and final submissions;

(

e) direct evidence of witnesses be presented at trial by way of affidavit;

(

f) the parties present opening statements and final submissions in writing;

(

g) the number of days reserved for the trial be changed.

Duration of rule

(57) This rule is repealed on September 2, 2007.

2 The following forms are added:

Form 141 (Rule 68 (31) (a))

No. .....................................

.............................. Registry

In the Supreme Court of British Columbia

Between

Plaintiff(

s) and

Defendant(

s) NOTICE OF WITNESSES

TAKE NOTICE that ......................[ name of party ]......................

intends to call the following persons as witnesses at the trial of this action;

1. ......................[ name of witness ].........................................

......................[ residential

address of witness ]......................

......................[ phone

number of witness ].............................

2. ......................[ name of witness ].........................................

......................[ residential

address of witness ]......................

......................[ phone

number of witness ].............................

3. ......................[ name of witness ].........................................

......................[ residential

address of witness ]......................

......................[ phone

number of witness ].............................

AND FURTHER TAKE NOTICE THAT there is attached to this notice, for each of

the above-named witnesses, a

summary of the evidence that ........................

[ name of party ] ........................

believes will be given at trial by that witness.

Dated ..................................................................................

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

Party

[ or party's solicitor ]

Form 142 (Rule 68 (34) and (37))

No. ....................................

.............................. Registry

In the Supreme Court of British Columbia

Between

Plaintiff(

s) and

Defendant(

s) REQUISITION FOR CASE MANAGEMENT CONFERENCE

A case management conference has been set for this proceeding:

[ ] At the request of ...........................[ name

of party ]...........................

[ ] At the direction of the Court.

The case management conference will be held at ...........................[ location ]...........................

at ..........[ hour ].........., on ...........................[ date ]...........................

If this case management conference is requested by a party, the requesting party estimates that the case management conference will take .......... minutes.

At the case management conference the following matters will be discussed:

At the case management conference ....................[ name of party ].................... intends to seek the following order(s):

Dated .................................................

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

Party requesting the case management conference

Form 143 (Rule 68 (44))

No. ....................................

.............................. Registry

In the Supreme Court of British Columbia

Between

Plaintiff(

s) and

Defendant(

s) CASE MANAGEMENT CONFERENCE ORDER

At a case management conference conducted on .................[ date ].................

by ....................[ judge/master ]....................

in the presence of ....................[ counsel/parties ]....................,

The following orders are made:

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

Judge/Master District

Registrar

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

Counsel, Etc.

Copyright © 2005: Queen's Printer, Victoria, British Columbia, Canada