British Columbia Order in Council — Order under Court Rules a) Rule 65 (47) of B (O.C. 1508/2000)

O.C. 1508/2000

British Columbia — Orders in Council

VaC Attluif ey General and Minister Responsible for Human Rights PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 1508 , Approved and Ordered NOV - 9 2000 0 Lieutenant Governor Executive Council Chambers, Victoria 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) Rule 65 (47) of B.C. Reg. 221/90, the Supreme Court Rules, is amended by striking out "January 1, 2001" and substituting "July 1, 2001", and (

b) effective July 1, 2001, B.C. Reg. 221/90, the Supreme Court Rules, is amended as set out in the attached Schedule. (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section:- Court Rules Act, s. 1 Other (specify):- OIC 1039/90 October 18, 2000 1582/2000/33

SCHEDULE 1 Rule 1 (8) is amended by repealing the definition of "respondent". 2 Rule 3 is amended (

a) in subrule (3.1) (

a) by adding "or a registrar" after "the court", and (

b) in subrule (3.1) and (3.2) by striking out "Rule 65" and substituting "Rule 51A". 3 Rule 10 is amended by repealing subrules (3) to (5) and (9) to (14) and substi- tuting the following: Originating application by petition

(3) Subject to subrule (2), a person wishing to bring an originating application must file a petition in Form 3. Service

(4) Unless these rules provide otherwise, a copy of the petition and of each affidavit in support must be served on all persons whose interests may be affected by the order sought. Response

(5) A respondent who wishes to receive notice of the time and date of the hearing of the petition or to respond to it must, in addition to complying with Rule 14 (1) (b), deliver to the petitioner 2 copies, and to every other party of record one copy, of (

a) a response in Form 124, and (

b) each affidavit on which the respondent intends to rely. Time for response

(6) A respondent must deliver the documents referred to in subrule (5) on or before the 8th day after the date on which the respondent entered an appearance. Reply by petitioner

(7) A petitioner who wishes to respond to any document provided under subrule (5) must, no later than the date on which the notice of hearing is delivered to the respondent in accordance with Rule 51A, deliver any

affidavits in reply to each respondent who delivered a response under subruie (5). No additional affidavits

(8) Unless all parties of record consent or unless the court otherwise orders, a party must not deliver any affidavits additional to those delivered under subrules (4), (5) and (7). 4 Rule 44 is repealed and the following substituted: RULE 44 — INTERLOCUTORY APPLICATION How interlocutory application must be brought

(1) If an application in a proceeding is authorized to be made to the court, it must be made by interlocutory application. Interlocutory application by consent or if notice not required

(2) An interlocutory application referred to in Rule 41 (16), (16.1) or (16.3) may be made in accordance with that rule. Notice of motion

(3) Subject to subnile (2), a party wishing to bring an interlocutory applica- tion must file a notice of motion in Form 55 at or before the time at which the notice of hearing is filed under Rule 51A. More than one matter may be included (/) A party may include, in one application, claims for relief in respect of more than one matter. Service or delivery

(5) Unless these rules provide otherwise, the following documents must be delivered to each party of record and served on each other person who may be affected by the order sought: (

a) a copy of the notice of motion; (

b) a copy of each affidavit in support of the application that has not already been filed and served; (

c) any notice that, under Rule I8A (6), is required to be given.

Response

(6) A person who receives documents under subrule (5) and who wishes to receive notice of the time and date of the hearing of the application or who wishes to respond to it must deliver to the applicant 2 copies, and to every other party of record one copy, of (

a) a response in Form 124, and (

h) each affidavit that has not already been filed and served on which the respondent intends to rely. Time for response

(7) A person who wishes to receive notice of the time and date of the hearing of the application or who wishes to respond must deliver the documents referred to in subrulc (6), (

a) if the application is for final judgment under Rule 18A, on or before the 11th day after the delivery of the notice of motion, or (

b) in any other case, (

i) if the person is a party, on or before the 8th day after the later of (

A) the last date fixed for entry of appearance, and (

B) the date on which the notice of motion was delivered to the party, or (ii) if the person is not a party, on or before the 8th day after the date on which the notice of motion was served on the person. Reply by applicant

(8) An applicant who wishes to respond to any document provided under subrule (6) must, no later than the date on which the notice of hearing is delivered to the respondent in accordance with Rule 51A, deliver any affidavits in reply to each person who delivered a response under subrule (6). No additional affidavits

(9) Unless all parties of record consent or the court otherwise orders, a party must not deliver any affidavits additional to those delivered under subrules (5), (6) and (8).

Place of hearing of application

(10) The application may be heard at (

a) the place ordered by the registrar under subrule (14), (

h) if an order is not made under subrule (14), the place on which all parties of record have agreed, or (

c) if paragraphs (

a) and (

b) do not apply, a place at which the court normally sits in the judicial district in which the proceeding was commenced. Place of hearing must be stated

(11) The applicant must state on the notice of motion the place at which the application will be heard. If more than one place

(12) If there is more than one place within the judicial district referred to in subrule (10)(

c) at which the court normally sits, the applicant may name, as the place for hearing, any of those places. If place of hearing is a place other than that at which the proceeding was commenced

(13) If, under subrule (12), the applicant names a place other than the place at which the proceeding was commenced, the court may, if the court considers that it was unreasonable to have made the motion returnable at that other place, make a special order as to costs and may (

a) order that the application be heard at some other place, (

b) dismiss the application, or (

c) hear the application. Place of hearing of motion with leave of registrar

(14) If any registrar is satisfied that, due to urgency or the convenience of the parties, an application should be heard at a place outside of the judicial district in which the proceeding was commenced, the registrar may, without notice, grant leave for the applicant to do either or both of the following: (

a) file the notice of motion in some other judicial district; (

b) name as the place of hearing a place in that other judicial district.

Notice, of motion must be endorsed to reflect grant of leave

(15) If the registrar giants leave under subrule (14), he or she must endorse the notice of motion accordingly. If place of hearing is a place chosen with leave of the registrar

(16) If, in respect of an application for which leave was granted under subrule (14), the cou at the hearing of the application considers that the application should not be heard at that place, the court may make a special order as to costs and may (

a) order that the application be heard at some other place, (

b) dismiss the application, or (

c) hear the application. Transfer of file

(17) If a procedure authorized by subrule (12) or (14) is followed, (

a) the original registry must, if practicable, transfer the file to the registry where the hearing is to take place, and (

b) after the disposition of the application, the registry at which the disposition took place must return the file to the original registry. Forwarding of materials if transfer of file impracticable

(18) If it is not practicable to transfer the file in the manner contemplated by subrule (17) (a), the registry at the place where the application is disposed of must, after the disposition, forward to the original registry (

a) all documents filed in relation to the application in the registry at the place where the application was disposed of, and (

b) any order made in that application. 5 The following rule is added: RULE 51A — SETTING DOWN APPLICATIONS FOR HEARING Application of this rule

(1) This rule applies to originating and interlocutory applications.

Definitions

(2) In this rule: "court day" means a day on which the registry is open; "applicant" means a person bringing an application under Rule 10 or 44; "respondent" means a person who has delivered a response in Form 124. Setting application for hearing

(3) An applicant wishing to set an application down for hearing must file (a) 2 copies of a notice of hearing in Form 126, (

b) the original notice of motion, if not already died, and (c) 2 copies of one of the following documents setting out or marked up in such a way as to indicate the relief that is to be sought at the hearing: (

i) a praecipe; (ii) the notice of motion or the claim for relief in the petition, as the case may be. When notice of hearing must be filed

(4) Except as provided for by subrule (12) (f), a notice of hearing must be filed, (

a) in the case of an application without notice, at any time before the hearing of the application, and (

b) in any other case, at any time before noon on the day before the date set for the hearing of the application. Date and time of hearing

(5) The hearing must be set for 9.45 a.m. on a date on which the court holds chambers or at such other time or date as has been fixed by the court or a registrar. Date and time if hearing time more than 2 hours

(6) If the application is estimated to take more than 2 hours, the date and time of hearing must be fixed by the registrar.

Notice of hearing to be delivered to respondents

(7) The notice of hearing, whether filed or unfiled, must be delivered to each respondent in accordance with subrule (8) unless the application is to be made without notice. Time for delivery of notice of hearing

(8) The applicant must deliver the notice of hearing to each respondent, (

a) if the applicant or any respondent has estimated that the time required for the hearing of the application will be more than 30 minutes, at least 7 clear days before the date set for the hearing, or (

b) in any other case, at least 2 clear days before the date set for the hearing. Docume,its to be filed with the notice of hearing if application is without notice

(9) If the application is to be made without notice, the applicant must file, with the notice of hearing, the original of every affidavit, and of every other document, that (

a) has not already been filed in the proceeding, and (

b) is to be referred to at the hearing. Documents to bo filed with thl notice of hearing If application is by consent, unopposed or estimated to take not more than 30 minutes

(10) If the application is to be made by consent, will be unopposed, or will be opposed but is not estimated by the applicant or by any respondent to take more than 30 minutes, the applicant must file, with the notice of hearing and other documents referred to in subrule (3), (

a) the original of every affidavit, and of every other document, that (

i) is delivered by the applicant to a respondent with respect to the application, and (ii) is to be referred to at the hearing, and (

b) a copy of every response, affidavit and other document that (

i) was delivered by a respondent to the applicant with respect to the application, and (ii) is to be referred to at the hearing.

Documents to be filed by respondent if application is opposed

(11) If the application will be opposed, each respondent must, before the hearing commences, file the original of every affidavit, and of every other document, that (

a) was delivered by that respondent to the applicant with respect to the application, and (

b) is to be referred to at the hearing by that respondent. Procedure if the application is estimated to take more than 30 minutes

(12) If the applicant or any respondent has estimated that the time required for the hearing of the application will be more than 30 minutes, (

a) the applicant and each respondent must prepare an outline in Form 125 and (1) the applicant must deliver the applicant's outline to each respondent with or after delivery of the applicant's reply affidavits and at least 7 days before the date set for the hearing, and (ii) each respondent must deliver that respondent's outline to the applicant and to each other respondent at least 2 days before the date set for the hearing, (

b) the applicant must compile a chambers record in a ring binder or in some other form of secure binding, (

c) the chambers record must contain, in consecutively numbered pages, or separat,d by tabs, the following documents in the following order: (

i) a title page bearing the style of proceeding and the names of counsel; (ii) an index; (iii) a copy of the applicant's outline; (iv) a copy of the outline of each respondent; (

v) a copy of the petition or notice of motion, as the case may be; (vi) a copy of each response in Form 124; (vii) a copy of every affidavit, and of every other document, that is to be referred to at the hearing, (

d) the chambers record may contain any of the following: (

i) a draft order;

(ii) a written argument; (iii) a list of authorities; (iv) a draft bill of costs, (

e) the chambers records must not contain (

i) affidavits of service, (ii) copies of authorities, including case law, legislation, legal articles or excerpts from text books, or (iii) any other documents unless they are included with the consent of all the parties, (

f) the applicant must file, with the notice of hearing and other documents referred to in subrule (3), between 9 a.m. on the second court day before, and noon on the day before, the date set for the hearing, or within any other time period set by the Chief Justice by practice direction in relation to the registry in which the filing must occur, (

i) the original of every affidavit, and of every other document, that (

A) was delivered by the applicant to a respondent with respect to the application, and (

B) is to be referred to at the hearing, and (ii) the chambers record, and (

g) the applicant must deliver a copy of the chambers record index to each respondent by noon of the court day before the date set for the hearing. If respondent's application is to be heard at the hearing

(13) If a respondent intends to bring on an application for hearing at the same time as the applicant's application and the applications together are estimated by any party to take more than 30 minutes to hear, subrule (12) applies and the parties must, so far as is possible, prepare and file a joint chambers record and agree to a date for the hearing of both applications. Chambers record to be returned

(14) Subject to the direction of the judge or master in chambers, the registrar's clerk must return the chambers record to the applicant (

a) at the conclusion of the hearing, or (

b) if the hearing of the application is adjourned to a date later than the following court day, after that adjournment.

Chambers record to be refiled

(15) If the chambers record has been returned to the applicant under subrule (14) (b), the applicant must refile the chambers record between 9:00 a.m. on the second court day before, and noon on the day before, the new date set for the hearing of the application. Filing amended chambers record

(16) If any additional affidavits are filed and delivered under Rule 10 (8) or 44 (9), the applicant must file.. an amended chambers record containing those affidavits. Court file need not be brought to chambers

(17) The court file need not be brought into chambers unless (

a) the judge or master hearing the application requests it, or (

b) a party requisitions the court file, by noon on the court day before the date set for the hearing of the application, by filing a praecipe to that effect. Respondent may apply for directions

(18) If the applicant does not set an application down for hearing within a reasonable time after a respondent has requested the applicant to do so, a respondent may apply by praecipe on 2 days notice for directions. 6 Rule 52 (7) is repealed and the following substituted: Chambers list

(7) Each application to be spoken to, when set down for hearing, must be entered in the registry in a list kept for that purpose. 7 Rule 65 is repealed. 8 Form 3 is amended (

a) by adding, before "The address of the registry is:", the following: TIME FOR RESPONSE IF YOU WISH TO RESPOND to the application, you must, on or before the 8th day after you have entered an appearance, (

a) deliver to the petitioner (i) 2 copies of a response in Form 124, and

(ii) 2 copies of each affidavit on which you intend to rely at the hearing, and (

b) deliver to every other party of record (

i) one copy of a response in Form 124, and (ii) one copy of each affidavit on which you intend to rely at the hearing. , (

b) by striking out "The petitioner applies to this court for an order that [set out the order sought and the rule or other enactment relied upon]." and substituting the following: The petitioner applies for an order that [set out orders sought in numbered paragraphs, or attach a draft order in numbered paragraphs]. The petitioner will rely on [set out rule or enactment relied on]. , and (

c) by adding, before "Dated ", the following: The petitioner estimates that the application will take minutes. 9 Form 4 is repealed. 10 Form 55, 123, 124, 125 and 126 are repealed and the following substituted: FORM 55 (RULE 44 (3) ) [Style of Proceeding] NOTICE OF MOTION To: [party or person affected] TAKE NOTICE that an application will be made by [party]............ to the presiding judge or master at the courthouse at [address] at a date and time to be set for an order that [set out orders sought in numbered paragraphs or attach a draft order in numbered paragraphs].

The applicant will rely on [set out rule or enactment relied upon]. At the hearing of the application, the applicant will rely on the following affidavit(

s) and other documents [set out affidavits delivered with the notice of motion and any other affidavits and other documents already in the court file on which the applicant will rely]. The applicant estimates that the application will take minutes. If you wish to receive notice of the time and date of the hearing or to respond to the applica- tion, you must, within the proper time for response,

(

a) deliver to the applicant (i) 2 copies of a response in Form 124, and (ii) 2 copies of each of the affidavits and other documents, not already in the court file, on which you intend to rely at the hearing, and (

b) deliver to every other party of record (

i) one copy of a response in Form 124, and (ii) one copy of each affidavit and other document, not already in the court file, on which you intend to rely at the hearing. TIME FOR RESPONSE If the application is for a final judgment under Rule 18A, the response must be delivered on or before the 11th day after the delivery to you of the notice of motion. In all other cases, the response must be delivered on or before the 8th day after the later of (

a) the last date fixed for entry of appearance by you, and (

b) the date on which the notice of motion was delivered to you. FoRm 124 (RULES 10

(5) AND 44 (6) ) [Style of Proceeding' RESPONSE OF (name of respondent) The respondent does not oppose the granting of the relief set out in the following paragraphs of the petition (or notice of motion): [set out paragraph numbers]. The respondent opposes the granting of the relief set out in the following paragraphs of the petition (or notice of motion): [set out paragraph numbers]. The respondent consents to the granting of the relief set out in the following paragraphs of the petition (or notice of motion) on the following terms: [set out paragraph numbers and any proposed terms].

The respondent will rely on the following affidavits and other documents: [set out affidavits delivered with this response and any other affidavits or other documents already in the court file on which the respondent will rely]. The respondent estimates that the application will take minutes. Dated: Respondent (or respondent's solicitor) FORM 125 (RULE 51A (12) ) [Style of Proceeding]

OUTLINE

PART I [To be completed by applicant] The following relief will be sought at the hearing: [Set out the relief to be sought in numbered paragraphs, numbering each paragraph with the same number as is used for the paragraph that claims that relief in the petition or notice of motion, as the case may be].

PART II [To be completed by applicant] Basis for seeking relief: [Set out briefly the factual and legal basis for the relief that is sought. Citations of relevant case law may be given without extracts].

PART III [To be completed by a respondent who opposes an application] Basis for opposing relief: [Set out briefly the factual and legal basis for opposing the relief that is sought. Citations of relevant case law and statutes may be given without extracts]. Dated: Party [or party's solicitor] FORM 126 (RULE 51A (3)1 [Style of Proceeding] NOTICE OF HEARING TO: [respondents, if any] TAKE NOTICE that the application of [party] dated [date] will be heard in chambers at the courthouse at [place] on ...... [date] at the hour of The parties have agreed as to the date of the hearing of this application, OR

The parties have been unable to agree as to the date of the hearing but notice of the hearing will be given to respondents in accordance with Rule 51A (8), OR This matter will be without notice. It has been agreed by the parties that the hearing will take minutes, OR The parties have been unable to agree as to how long the hearing will take and (

a) the time estimate of the applicant is .... minutes, and (

b) the time estimate of the respondent is .... minutes. OR (

b) the respondent has not given a time estimate This matter is within tire jurisdiction of the master, OR This matter is not within the jurisdiction of a master because Dated: Applicant (or applicant's solicitor) This Notice of Hearing was prepared by ...[counsel]... of the law firm of ...[name]... whose place of business is ... [address]... OR This Notice of Hearing was prepared by the applicant.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1508/2000
Type	order_in_council
Volume / chapter	arc oic 1508 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	f0054dd7baa5c0c1dd1d8cb885dfac85dfe1ef87

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