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Volume 45, No. 8

B.C. Reg. 83/2002

The British Columbia Gazette,

Part II

May 7, 2002

B.C. Reg. 83/2002, deposited May 2, 2002, pursuant to the

COURT RULES ACT [section 1]. Order in Council 321/2002, approved and ordered May 2, 2002.

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,

(

a) effective June 30, 2002, Rule 66 of the Supreme Court Rules, B.C. Reg. 221/90, is amended

(

i) by striking out "Pilot Project Rule" from the title, and

(ii) by repealing subrules (2) and (30), and

(

b) effective July 1, 2002, 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 Rules 6 (2) to (10), (10.2) and (13), 27 (10) and (11), 51 (13) and 60 (17) and (18) and

section 3 of Form 4.1 of the Supreme Court Rules, B.C. Reg. 221/90, are amended by striking out "guardian ad litem" wherever it appears and substituting "litigation guardian".

2 Rule 6 is amended

(

a) in subrule (7) by adding "or is the litigation guardian under

section 35 (1) of the

Representation Agreement Act of a party in that proceeding" after "appointed by the court",

(

b) in subrule (8) by striking out "shall file" and substituting "must, unless subrule (8.1) applies, file",

(

c) by adding the following subrule:

Certificate for a litigation guardian

(8.1) The solicitor for a person who, under

section 35 (1) of the

Representation Agreement Act , has a litigation guardian must, before acting in a proceeding to which the person is a party, file a certificate certifying that the solicitor knows or believes that

(

a) the person has entered into a representation agreement,

(

b) the litigation guardian is a representative under that representation agreement and is authorized under

section 7 (1) (

d) of the

Representation Agreement Act in relation to the proceeding, and

(

c) the litigation guardian has no interest in the proceeding adverse to the person. , and

(

d) by repealing subrule (9) and substituting the following:

Party becoming incompetent

(9) If a party to a proceeding becomes a mentally incompetent person, the court must appoint a litigation guardian for him or her unless

(

a) a committee has been appointed for the party, or

(

b) the party has a litigation guardian under

section 35 (1) of the

Representation Agreement Act .

3 Rule 35 (5) and (6) is amended by striking out "in camera" and substituting "in private".

4 Rule 37 is amended

(

a) in subrule (22) by striking out "If an offer" and substituting "Subject to subrule (22.1), if an offer", and

(

b) by adding the following subrules:

Costs on acceptance of offer in family law proceeding

(22.1) If a party has made an offer to settle a claim in a family law proceeding and the offer is accepted,

(

a) unless the court orders otherwise, neither party is entitled to any costs to the date the offer was delivered, and

(

b) the party making the offer is entitled to costs from the date the offer was delivered.

Consequences of failure to accept offer in family law proceeding

(26.1) Despite subrules (23) to (26), if a party has made an offer to settle a claim in a family law proceeding, and the offer has not expired, been withdrawn or been accepted, and if the party making the offer obtains a judgment as favourable as, or more favourable than, the terms of the offer to settle, the party making the offer is entitled to costs assessed to the date the offer was delivered and to double costs assessed from that date.

5 Rule 40 (16) is repealed and the following substituted:

Disposal of exhibits after final disposition

(16) The registry may, with the approval of the Deputy Attorney General, destroy or otherwise dispose of an exhibit tendered in evidence in a proceeding if the return of the exhibit has not been applied for within one year after the later of

(

a) the date of the judgment at trial in, or any other final disposition of, the proceeding, and

(

b) the date of the judgment on, or any other final disposition of, any appeal, new trial or further appeal.

Notice respecting disposal of exhibits before final disposition

(16.1) If an exhibit is tendered in evidence in a proceeding and nothing is filed in that proceeding for a period of 2 years, the registry May deliver to the parties of record notice that the registry intends to destroy or otherwise dispose of the exhibit unless, within 30 days after the date of the notice,

(

a) an application is made for the return of the exhibit, or

(

b) a Notice of Intention to Proceed is served on all parties of record and a copy of the notice and proof of its service has been filed in the proceeding.

Disposal of exhibits before final disposition

(16.2) After a notice is delivered under subrule (16.1), the registry may,

(

a) if a person applies to the registry within 30 days after the date of the notice for a return of the exhibit, return the exhibit to the party who tendered it or to such other person as the parties May agree or the court May order, or

(

b) if no such application is made and if none of the parties comply with subrule (16.1) (

b) within 30 days after the date of the notice, destroy or otherwise dispose of the exhibit with the approval of the Deputy Attorney General.

If exhibit disposed of

(16.3) If an exhibit is disposed of under subrule (16) or (16.2) (b),

(

a) any money received as a result of the disposition must be paid to the Minister of Finance, and

(

b) the exhibit list must be endorsed to indicate the date and method of disposition and the amount of any money recovered.

If exhibit destroyed

(16.4) If an exhibit is destroyed under subrule (16) or (16.2) (b), the exhibit list must be endorsed to indicate the date and method of destruction.

6 Rule 57 is amended

(

a) by repealing subrule (4) and substituting the following:

Expenses and disbursements

(4) In addition to determining the fees that are to be allowed on an assessment under subrule (1) or (3), the registrar must

(

a) determine which expenses and disbursements have been necessarily or properly incurred in the conduct of the proceeding, and

(

b) allow a reasonable amount for those expenses and disbursements. ,

(

b) by repealing subrules (8.1) and (8.2) and substituting the following:

Tax in respect of legal services and disbursements

(8.1) If tax is payable by a party in respect of legal services or disbursements, the registrar must, on an assessment under subrule (1) or (3), allow an additional amount to compensate for that tax, which additional amount must,

(

a) if the tax is payable in respect of legal services, be determined by multiplying the percentage rate of the tax by,

(

i) in the case of a judgment entered on default of appearance or of pleading, the costs allowed under Item 1 or 2, as the case May be, of

Schedule 1 of Appendix B,

(ii) in the case of a writ of execution, a garnishing order or a process in Form 51, 52 or 53, the costs allowed under Item 1 or 2, as the case May be, of

Schedule 2 of Appendix B, or

(iii) in any other case, the monetary value of the units assessed, or

(

b) if the tax is payable in respect of disbursements, be determined by multiplying the percentage rate of the tax by the monetary value of the disbursements as assessed. ,

(

c) by adding the following subrule:

When costs payable

(12.1) If an entitlement to costs arises during a proceeding whether as a result of an order or otherwise, those costs are payable on the conclusion of the proceeding unless the court orders otherwise.

(

d) by renumbering subrule (13) (

a) as subrule (13),

(

e) by repealing subrule (13) (b),

(

f) by adding the following subrule:

Lump sum costs of interlocutory application

(13.1) The court May award lump sum costs of an interlocutory application and may

(

a) fix those costs, either inclusive or exclusive of disbursements, or

(

b) order that the costs amount be in accordance with

Schedule 3 of Appendix B and fix the scale of those costs in accordance with

section 2 (2) of that Appendix. , and

(

g) in subrule (14) (

a) by adding "or associated with any matter related to" after "costs arising from".

7 Rule 60 (25) (

g) is amended by striking out "Fact Sheet" and substituting "Affidavit".

8 The following rule is added:

Rule 60E

Family Law Judicial Case

Conference Pilot Project

Judicial case conference required

(1) Subject to subrule (2), a party to a family law proceeding commenced after July 1, 2002 must not deliver to another party a notice of motion or affidavit in support of an interlocutory application unless a judicial case conference has been conducted in relation to the proceeding.

Exceptions

(2) Subrule (1) does not apply to an application made

(

a) under

section 57 of the Family Relations Act ,

(

b) under

section 67 of the Family Relations Act ,

(

c) by consent, or

(

d) without notice.

Court May grant relief

(3) On application by a party, a judge or master May relieve a party from the requirements of subrule (1) if

(

a) it is premature to require the parties to attend a judicial case conference,

(

b) it is impracticable or unfair to require the party to comply with the requirements of subrule (1),

(

c) the application referred to in subrule (1) is urgent,

(

d) delaying the application referred to in subrule (1) or requiring the party to attend a judicial case conference is or might be dangerous to the health or safety of any person, or

(

e) the court considers it appropriate to do so in the circumstances.

Application to be pursued summarily

(4) An application under subrule

(3) May be made by praecipe, without notice and in a

summary way.

Judicial case conference May be requested

(5) A party to a family law proceeding May request a judicial case conference by filing a praecipe at the registry.

Time for delivery of notice

(6) The party requesting a judicial case conference must serve on each of the other parties of record, at least 7 days before the date set for that conference, notice of the date, place and time at which the conference is to be held.

Judicial case conference May be directed

(7) At any stage of a family law proceeding, a judge or master May direct that a judicial case conference take place and May order a party to serve notice in accordance with subrule (6).

Judicial case conference must be conducted by judge or master

(8) A judicial case conference must be conducted by a judge or master.

Attendance

(9) Unless a judge or master orders otherwise, if a judicial case conference is held, each of the parties of record and their counsel must attend that judicial case conference.

Non-attendance at judicial case conference

(10) If a party fails to appear at a judicial case conference, the judge or master may

(

a) proceed in the absence of the party who failed to appear,

(

b) adjourn the judicial case conference, or

(

c) order that the party who failed to appear pay costs to the other party.

Matters for consideration

(11) The purposes for which a judicial case conference is to be held include the following:

(

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

(

b) exploring ways in which the issues in dispute May be resolved other than by way of trial;

(

c) ensuring disclosure of the relevant evidence;

(

d) setting the date for a settlement conference, if appropriate, and giving directions for the conduct of the settlement conference;

(

e) if appropriate, setting a timetable for the steps to be taken in the case before it comes to trial;

(

f) considering any other matters that May aid in the resolution of the proceeding.

Orders at judicial case conference

(12) At a judicial case conference, the judge or master may

(

a) make any of the following orders, whether or not on the application of a party:

(

i) the pleadings be amended or closed within a fixed time;

(ii) a party deliver a list of documents or a statement in Form 89 within a fixed time;

(iii) interlocutory applications be brought within a fixed time;

(iv) examinations for discovery be conducted within a

schedule that the court directs;

(

v) setting limitations on discovery procedures;

(vi) experts' reports be exchanged within a

schedule that the court directs;

(vii) the parties attend a mini-trial or settlement conference;

(viii) the proceeding be set for trial on a particular date or on a particular trial list, subject to the approval of the Chief Justice, and

(

b) make any other order with the consent of the parties.

Judge or master May be seized of further applications

(13) At a judicial case conference, or at any other time, a judge or master May order that all interlocutory applications in the family law proceeding be heard by that judge or master.

Other judges or masters May hear applications

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

(13) May at any time direct that any or all interlocutory applications in the family law proceeding May be heard by another judge or master.

Costs

(15) Item 23 of the Tariff of Appendix B applies to judicial case conferences.

Repeal

(16) This rule is repealed on July 2, 2004.

9 Form 89 is repealed and the following substituted:

Form 89 (Rule 60D)

[Style of Proceeding]

FINANCIAL STATEMENT

I, ................................................................... [ name ], of

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

[ Street Address ], ........................................................ [ City ],

.............................................. [ Province ],

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

[ Postal Code ], Telephone No. ................................. , Fax No.

............................... ,

swear or affirm that:

1. The information set out in this financial statement is true and complete to the best of my knowledge.

2. I do not anticipate any significant changes in the information set out in this financial statement.

I anticipate the following significant changes in the information set out in this financial statement:

(a) ................................................................................

(b) ...............................................................................

etc.

SWORN (OR AFFIRMED) BEFORE ME

at ..........................[ City ], British Columbia

............................[ Date ]

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

A Commissioner for taking affidavits

for British Columbia

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

INSTRUCTIONS

This Form has 6 Parts. You May not have to complete all Parts. Which Parts you have to complete depends on which categories of application apply to you as set out in the following chart.

Please check off each of the Items, 1 through 10, that apply to you and then complete the Parts that are noted for those Items. Each required Part need only be completed once regardless of the number of applicable Items for which it is required.

Item

Category

Part 1

Part 2

Part 3

Part 4

Part 5

Part 6

I am applying for spousal or parental support.

I am being asked to pay spousal or parental support.

I am applying for basic child support only. All of the following conditions apply:

(

a) I am not applying for special expenses under

section 7 of the Child Support Guidelines;

(

b) the child support is for the biological children of my relationship with the opposite party;

(

c) none of the children is over 19 years of age;

(

d) there is no application for a shared custody order;

(

e) the opposite party's income is under $150 000 per year.

I am being asked to pay basic child support. All of the following conditions apply:

(

a) the child support is for my biological children only;

(

b) there is no claim for special expenses under

section 7 of the Child Support Guidelines;

(

c) none of the children is over 19 years of age;

(

d) there is no application for a shared custody order;

(

e) my income is under $150 000 per year.

I applying for child support and one or more of the following conditions apply:

(

a) one or more of the children is a step-child;

(

b) one or more of the children is over 19 years of age;

(

c) there is an application for shared custody;

(

d) the opposite party's income is over $150 000 per year.

I am being asked to pay child support and one or more of the following conditions apply:

(

a) one or more of the children is a step-child;

(

b) one or more of the children is over 19 years of age;

(

c) there is an application for shared custody;

(

d) my income is over $150 000 per year

I am being asked to pay child support and I intend to make a hardship claim under the Child Support Guidelines.

I am applying for child support and the opposite party intends to make a hardship claim under the Child Support Guidelines.

Either I claim child support or I am being asked to pay child support and there is a claim for special expenses under

section 7 of the Child Support Guidelines.

I am making or opposing a Property claim under

Part 5 of the Family Relations Act.

Part 1 — Income

A. Employer information:

I am employed by ..................................................................

[ name and address of employer ]

I am self employed as ............................................................

[ name and address of business ]

B. Documentation supplied:

I have attached to this statement or serve with it a copy of each of the following applicable income documents

[ check applicable boxes ]:

every personal income tax return, including all attachments, that I have filed for each of the 3 most recent taxation years;

every income tax notice of assessment or reassessment I have received for each of the 3 most recent taxation years;

[ if you are an employee ] my most recent statement of earnings indicating the total earnings paid in the year to date, including overtime, or, if such a statement is not provided by my employer, a letter from my employer setting out that information, including my rate of annual salary or remuneration;

[ if you are receiving Employment Insurance benefits ] my 3 most recent EIC benefit

state-ments;

[ if you are receiving Workers' Compensation benefits ] my 3 most recent WCB benefit statements;

[ if you are receiving social assistance ] a statement confirming the amount of social assistance that I receive;

[ if you are self-employed ] for the 3 most recent taxation years

(

i) the financial statements of my business or professional practice, other than a

partnership, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom I do not deal at arm's length;

[ if you are a partner in apartnership ] confirmation of my income and draw from, and capital in, the partnership for its 3 most recent taxation years;

[ if you control acorporation ] for the corporation's 3 most recent taxation years

(

i) the financial statements of the corporation and its subsidiaries, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation and every related corporation does not deal at arm's length;

[ if you are a beneficiary under atrust ] the trust settlement agreement and the trust's 3 most recent financial statements;

[ if you own or have an interest in realproperty ] the most recent assessment notice issued from an assessment authority for the property.

NOTE: If the applicable income documents are not attached to or served with this financial state-ment, they must nonetheless be provided to the other party if and as required by Rule 60D of the Supreme Court Rules.

C. Annual income

If line 150 (total income) of your most recent federal income tax return sets out what you expect your income to be for this year, record that number at line 8 below. Otherwise, record what you expect your income for this year to be from each source of income that applies to you. Record gross annual amounts.

LINE

GUIDELINE INCOME FOR BASIC CHILD SUPPORT CLAIM

Sources and amounts of annual income

Employment income ($.................... paid:

monthly / twice each month / every 2 weeks)

Employment insurance benefits

Workers' compensation benefits

Interest and investment income

Pension income

Social assistance income relating to self

Other income (attach

Schedule A) — see Note 1

Total Guideline income before adjustments

Adjustments to income

Subtract union and professional dues

( )

Adjustments in accordance with

Schedule III of the Guidelines per line 8 of

Schedule B (attached) — see Note 2

( )

Guideline income for basic child support

GUIDELINE INCOME TO DETERMINE SPECIAL EXPENSES

Guideline income from line 11

Add spousal support received from the other party to the action

Subtract spousal support paid to the other party to the action

( )

Guideline income to determine special expenses

INCOME TO BE INCLUDED FOR SPOUSAL

OR PARENTAL SUPPORT CLAIM

Guideline income from line 11

Total child support received

Social assistance received for other members of household

Child Tax Benefit and BC Family Bonus

Total income to be used for a spousal or parental support claim

Note:

1. You must complete

Schedule A and include the total income recorded in

Schedule A at line 7 above if you expect to receive income this year from any of the following sources:

(

a) taxable dividends from Canadian corporations;

(

b) net partnership income (limited or non-active partners only);

(

c) rental income;

(

d) taxable capital gains;

(

e) registered retirement savings income;

(

f) self-employment income;

(

g) any other taxable income that is not included in paragraphs (

a) to (

f) or in lines 1 to 5 of

Schedule A.

2. If there are any adjustments as set out in

Schedule III of the Child Support Guidelines that apply to you, you must complete

Schedule B and include the total deductions or additions at line 10 above, as applicable.

Schedule A

Other Income

LINE

OTHER SOURCES OF INCOME

Self employment income: Gross = $ ...............; Net =

Note: Provide Financial Statements of the business

Other employment income

Net partnership income: limited or non-active partners only

Rental income: Gross - $ ...............; Net =

Total amount of dividends from Taxable Canadian Corporations

Total capital gains ($ ...............) minus total capital losses ($ ...............) =

Spousal support from another relationship or marriage

Registered retirement savings plan income

Net federal supplements

Any other income

Total other income

Schedule B

Adjustments to Income

LINE

DEDUCTIONS

Employment expenses, other than union or professional dues, claimed under

Schedule III of the Child Support Guidelines (list)

Actual business investment losses during the year

Carrying charges and interest expenses paid and deductible under the

Income Tax Act (Canada): Specify

Prior period earnings ($ ...............) minus reserves ($ ...............) =

Portion of partnership and sole proprietorship income required to be reinvested

ADDITIONS

Capital cost allowance for real property

Employee stock options in Canadian-controlled private corporations exercised:

value of shares when options exercised ($ ..............) minus amount paid for shares

($ ..............) minus amount paid to acquire option ($ ..............) =

Total adjustments

Part 2 — Expenses

[If the expense is an annual one, divide the annual amount by 12 and place the result of that division

in the Monthly column.]

Monthly

Monthly

Compulsory deductions

Health

CPP contributions

MSP premiums

E.I. premiums

Extended health premiums

Income taxes

Dental plan premiums

Employee pension contributions

Heath care (net of coverage)

Other (specify)

Drugs (net of coverage)

Sub-total

Dental care (net of coverage)

Housing

Other (specify)

Rent or mortgage

Sub-total

Property taxes

Personal

Property insurance

Clothing

Water, sewer, garbage

Hair care

Strata fees

Toiletries, cosmetics

House repairs and maintenance

Education (specify)

Other (specify)

Life insurance

Sub-total

Dry cleaning/laundry

Utilities

Entertainment/recreation

Heat and electricity

Gifts

Telephone

Other (specify), e.g. alcohol, tobacco

Cable TV

Sub-total

Other (specify), e.g. internet connection

Children

Sub-total

Child care

Household expenses

Clothing

Food

Hair care

Household supplies

School fees and supplies

Meals outside the home

Entertainment/recreation

Furnishings and equipment

Activities and lessons

Other (specify)

Gifts

Sub-total

Insurance

Transportation

Other (specify)

Public transit, taxis

Sub-total

Gas and oil

Savings

Car insurance and licence

RRSP

Parking

RESP

Repairs and maintenance

Other (specify)

Lease payments

Sub-total

Other (specify)

Support payments to others

Sub-total

Specify

Other

Sub-total

Charitable donations

Debt payments

Vacation

Specify

Pet care

Sub-total

Newspapers, publications

TOTAL MONTHLY EXPENSES

Other (specify)

TOTAL ANNUAL EXPENSES

[multiply TOTAL MONTHLY

EXPENSES by 12]

Sub-total

Part 3 — Property

ASSETS

Assets

Particulars

Date

Acquired

Value

1. Real Estate

Attach a copy of the most recent assessment notice for any property that you own or in which you have an interest.

List any interest in land, including leasehold interests and mortgages, whether or not you are registered as owner. Record the estimated market value of your interest without deducting encumbrances or costs of disposition.

[Record encumbrances under Debts]

Sub-total

2. Vehicles

List cars, trucks, motorcycles, trailers, motor homes, boats, etc.

Sub-total

3. Financial assets

List savings and chequing accounts, term deposits, GIC's, stocks, bonds, Canada Savings Bonds, mutual funds, insurance policies (indicate beneficiaries), accounts receivable, etc.

Record account number and name of institution where accounts are held.

Sub-total

4. Pensions and RRSP's

Record name of institution where accounts are held, name and address of pension plan and pension details.

Sub-total

5. Business Interests

List any interest you hold, directly or indirectly, in any unincorporated business, including partnerships, trusts and joint ventures.

List any interests you hold in incorporated businesses.

Record the name and address of the company.

Sub-total

6. Other

Include precious metals, collections, works of art and any jewelry or household items of extraordinary value.

Include location of safety deposit boxes.

Sub-total

TOTAL

DEBTS

Show your debts and other liabilities, whether arising from personal or business dealings, by category, such as

mortgages, charges, liens, notes, credit cards, accounts payable and tax arrears. Include contingent

liabilities

such as guarantees and indicate that they are contingent.

Debt

Particulars

Date

Incurred

Amount

Secured debts

Mortgages

Other (specify)

Sub-total

Unsecured debts

Bank loans

Personal loans

Credit cards (list)

Other (specify)

Sub-total

TOTAL

DISPOSAL OF PROPERTY

List all property disposed of during the 2 years preceding this statement or, if the parties married within

that 2 year period, since the date of marriage.

Property

Particulars

Date of

Disposal

Value

Part 4 — Special or Extraordinary Expenses

Note:

1. Provide a separate statement under this

Part 4 for each child for whom a claim is made.

2. To calculate a net amount, subtract, from the gross amount, subsidies, benefits, income tax deductions or credits relating to the expense.

Name of child:

Annual

Gross

Annual

Net

Monthly

Gross

Monthly

Net

Child care expense

Medical/dental insurance premiums attributable to child

Health related expenses (over $100)

Extraordinary expenses for primary or secondary school

Post secondary education expenses

Extraordinary extracurricular expenses (list)

Subtract contributions from child

( )

( )

( )

( )

Total

Part 5 — Undue Hardship

1. Responsibility for unusually high debts reasonably incurred to support the family prior to separation or in order to earn a living

Owed to:

Terms of debt:

Monthly

Amount

* ( list )

* ( provide particulars )

$.................

$.................

2. Unusually high expenses for exercising access to a child

Details of expense

* ( list )

$.................

$.................

3. Legal duty under a court order or separation agreement to support another person

Name of person

Relationship

Nature of duty

4. Legal duty to support a child, other than a child for whom support is claimed in this application, who is

(

a) under age 19, or

(b) 19 or older but unable to support himself or herself because of illness, disability or other cause

Name of person

Relationship

Nature of duty

5. Legal duty to support a person who is unable to support himself or herself because of illness or disability

Name of person

Relationship

Nature of duty

6. Other undue hardship circumstances ( provide full particulars )

Part 6 — Income of Other Persons in Household

Name of person

Annual income

Total

10 Form 132 is amended

(

a) by repealing

section 4, and

(

b) by repealing

section 9 (

a) and substituting the following:

(

a) I have sworn and attach a Child Support Affidavit in Form 133, and .

11 Form 133 is repealed and the following substituted:

Form 133 (Rule 60 (25) )

[Style of Proceeding]

CHILD SUPPORT AFFIDAVIT

(section numbers refer to Federal and Provincial Child Support Guidelines)

I, ............................................... [ name in full ], of .....................................................

[ address ] , MAKE OATH AND SAY:

1. I am the Plaintiff/Defendant.

2. The following information is prepared in relation to the Federal and Provincial Child Support Guidelines (the "Guidelines") and is true to the best of my information and belief:

(1) ................................................................

Plaintiff

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

Age

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

Birth date

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

Province of residence

(2) ................................................................

Defendant

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

Age

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

Birth date

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

Province of residence

(3) Date of Marriage ..................................................

Place of Marriage ......................................................

(4) Date of Separation ................................................

(5) Children

Resident with

Name

Age

Birth Date

Plaintiff

Defendant

Of the children listed above, the following children are step-children and their relationship (natural child or step-child) to each of the Plaintiff and the Defendant is as noted:

(6) The Writ of Summons or counterclaim does/does not include a claim for a child support order.

(7) If required under the Child Support Guidelines:

Plaintiff's annual Guidelines income under sections 15 to 20 of the Guidelines: $..............................

Plaintiff's source of income ........................................................................

(8) If required under the Guidelines:

Defendant's annual Guidelines income under sections 15 to 20 of the Guidelines: $..............................

Defendant's source of income: ...................................................................

(9) The monthly Guidelines table amount under

Schedule 1 of the Guidelines is $.................................., payable by Plaintiff/Defendant.

I have completed and attach to this my affidavit the following:

Supplementary Child Support Fact Sheet B [ complete and attach only if custody is shared

— otherwise delete this line from the affidavit ]

Supplementary Child Support Fact Sheet C [ complete and attach only if custody is split

— otherwise delete this line from the affidavit ]

Supplementary Child Support Fact Sheet D [ complete and attach only if one or more children is over the age of majority

— otherwise delete this line from the affidavit ]

Supplementary Child Support Fact Sheet E [ complete and attach only if undue hardship is alleged

— otherwise delete this line from the affidavit ]

Supplementary Child Support Fact Sheet F [ complete and attach only if at least one of the party's incomes exceeds $150 000

— otherwise delete this line from the affidavit ],

and

the amount of child support set out in the proposed order is $...................., payable by Plaintiff/Defendant.

(10) I have completed and attach to this my affidavit Supplementary Child Support Fact Sheet A, and the amount of the

section 7 expenses in the proposed order is $.....................

[ complete and attach only if

section 7 expenses are included in the proposed order

— otherwise delete this line from the affidavit ]

(11) There is/is not coverage for the children under the Plaintiff's medical insurance coverage and there is/is not coverage for the children under the Defendant's medical insurance coverage.

(12) There is/is not coverage for the children under the Plaintiff's dental insurance coverage and there is/is not coverage for the children under the Defendant's dental insurance coverage.

(13) There is no outstanding order of any court dealing with support of the children.

[ Describe any outstanding order of any court dealing with support of the

children ]

(14) There is no agreement dealing with support of the children.

[ Describe any agreement dealing with support of the children, indicating how, if at all, the agreement affects support of the children under

section 15.1 (5) and (7) of the Divorce Act ]

(15) The amount of arrears of support for the children is $...............

SWORN BEFORE ME at the City of

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

in the Province of British Columbia

on ..........................[ date ]

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

Commissioner for taking

affidavits in British Columbia

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

SUPPLEMENTARY CHILD SUPPORT FACT SHEET A

SPECIAL OR EXTRAORDINARY EXPENSES

(Complete this form only if it applies to you under

section 7 of the Guidelines)

section 7 expenses (net of tax credits and contribution from child, etc.)

Annual

Monthly

(

a) Child care expenses

$...................

$...................

(

b) Portion of medical and dental premiums attributable to the child

$...................

$...................

(

c) Health related expenses in excess of $100 annually per illness net

of reimbursement

$...................

$...................

(

d) Extraordinary primary, secondary or other educational expenses

$...................

$...................

(

e) Post-secondary school expenses

$...................

$...................

(

f) Extraordinary extracurricular activities expense

$...................

$...................

Total

section 7 expenses

$...................

$...................

Under

section 7 (2) and (3),

the Plaintiff's proportionate share of the total

section 7 monthly expenses is

................%, for a total of $ ................... per month,

and

the Defendant's proportionate share of the total

section 7 monthly expenses is

...............%, for a total of $ ................... per month.

Total monthly child support payable by the Plaintiff/Defendant after taking into account the monthly Guidelines table amount under

Schedule 1 of the Guidelines and the

section 7 expenses is $.................

SUPPLEMENTARY CHILD SUPPORT FACT SHEET B

SHARED CUSTODY (40%)

(Complete this form only if it applies to you under

section 9 of the Guidelines)

Plaintiff

Defendant

Annual Guidelines income under sections 15 to 20 of the Guidelines

$ .....................

$ .....................

Number of children ....................

Guidelines table amount

[ use applicable amount from

Schedule 1 of the

Guidelines ]

$ .....................

$ .....................

Difference between the Guidelines table amounts of

the Plaintiff and the Defendant $.....................

Approximate amount of time children spend with each parent

.......................%

.......................%

section 7 expenses paid directly by the Plaintiff

$ .....................

section 7 expenses paid directly by the Defendant

$ .....................

Any other relevant information in regards to the conditions, means, needs and other circumstances of

each spouse or of any child for whom support is sought:

Child support as set out in proposed order is $.................../month payable by the Plaintiff/Defendant.

SUPPLEMENTARY CHILD SUPPORT FACT SHEET C

SPLIT CUSTODY

(Complete this form only if it applies to you under

section 8 of the Guidelines)

Plaintiff

Defendant

Annual Guidelines income under sections 15 to 20 of the Guidelines

$ .................

$ .................

Number of children principally resident with each parent

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

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

Difference between Guidelines amounts:

Plaintiff's monthly Guidelines table amount

under

Schedule 1 of the Guidelines

$ ................

Defendant's monthly Guidelines table

amount under

Schedule 1 of the Guidelines

$ ...............

Difference between Guidelines table amounts

$ ................

SUPPLEMENTARY CHILD SUPPORT FACT SHEET D

CHILD 19 YEARS OR OLDER

(Complete this form only if it applies to you under

section 3 (2) of the Guidelines)

Plaintiff

Defendant

Monthly Guidelines table amount under

Schedule 1 of the Guidelines

$...................

$...................

If the Guidelines amount is inappropriate under

section 3 (2) (b), then estimate an appropriate

amount that differs from the Guidelines amount and give reasons to justify that amount, having

regard to the condition, means, needs and other circumstances of the child and the financial

ability of each spouse and the child to contribute to the support of the child.

Appropriate amount

$ ..................

$ ..................

Reasons that the appropriate amount differs from the Guidelines amount:

SUPPLEMENTARY CHILD SUPPORT FACT SHEET E

UNDUE HARDSHIP (STANDARD OF LIVING TEST)

(Complete this form only if it applies to you under

section 10 (3) and (4) of the Guidelines)

1. Responsibility for unusually high debts reasonably incurred to support the family prior to separation or in order to earn a living

Owed to:

Terms of debt:

Monthly

Amount

* ( list )

* ( provide particulars )

$.................

$.................

2. Unusually high expenses for exercising access to a child

Details of expense

* ( list )

$.................

$.................

3. Legal duty under a court order or separation agreement to support another person

Name of person

Relationship

Nature of duty

4. Legal duty to support a child, other than a child for whom support is claimed in this application, who is

(

a) under age 19, or

(b)

19 or older but unable to support himself or herself because of illness, disability or other cause

Name of person

Relationship

Nature of duty

5. Legal duty to support a person who is unable to support himself or herself because of illness or disability

Name of person

Relationship

Nature of duty

6. Other undue hardship circumstances ( provide full particulars )

INCOME OF OTHER PERSONS IN HOUSEHOLD

Name of person

Annual income

Total

SUPPLEMENTARY CHILD SUPPORT FACT SHEET F

INCOME OVER $150 000

(Complete this form only if it applies to you under

section 4 of the Guidelines)

Total number of children of marriage .....................

Guidelines table amount for $150 000

[ use applicable amount from

Schedule 1 of the Guidelines ]

$.................

Plus ..........% of income over $150 000

[ use applicable percentage from

Schedule 1 of the Guidelines ]

$.................

Total Amount

$.................

If, under

section 4 (

b) of the Guidelines, an amount is agreed upon that is different than the Guidelines amount determined

by the above calculations, set out the agreed upon amount and set out the reasons for agreeing upon a different amount,

having regard to the condition, means, needs and other circumstances of the children who are entitled to support and the

financial ability of each spouse to contribute to the support of the children.

Amount agreed upon $..........................

Reasons that the agreed upon amount differs from the Guidelines amount:

12 Appendix B is amended by adding the following schedule:

Schedule 3

Item

If the application is unopposed

(

a) Scale 1

$182

(

b) Scale 2

$274

(

c) Scale 3

$365

(

d) Scale 4

$456

(

e) Scale 5

$547

And, in addition, in lieu of disbursements

$120

If the application is opposed and requires 1/2 a day or less for the hearing

(

a) Scale 1

$228

(

b) Scale 2

$342

(

c) Scale 3

$456

(

d) Scale 4

$570

(

e) Scale 5

$684

And, in addition, in lieu of disbursements

$120

If the application is opposed and requires more than 1/2 a day for the hearing

(

a) Scale 1

$410

(

b) Scale 2

$616

(

c) Scale 3

$821

(

d) Scale 4

$1 026

(

e) Scale 5

$1 231

And, in addition, in lieu of disbursements

$120

13 The Tariff under Appendix B is amended

(

a) by repealing Item 11 and substituting the following:

Process for delivering notices to admit

Minimum 1

Maximum 5

(

b) in the Units column of Item 12 by striking out "5" and substituting "10",

(

c) by repealing Item 18 and substituting the following:

Preparation for an application or other matter referred to in Item 19,

for each day of hearing

(

a) if unopposed

(

b) if opposed

(

d) by repealing Item 19 and substituting the following:

Hearing of proceeding, including originating application, special case, proceeding on a point of law, interpleader or any other analogous proceeding, and applications for judgment under Rules 18, 18A and 31 (6), for each day

(

a) if unopposed

(

b) if opposed

(

e) in Item 34 by adding ", including mediation," after "Negotiations", and

(

f) by repealing Item 35.

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