B.C. Reg. 104/2019, deposited May 21, 2019, under the COURT RULES ACT [section 1]. Order in Council 247/2019, approved and ordered May 21, 2019.

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, 2019, the Supreme Court Civil Rules, B.C. Reg. 168/2009, are amended as set out in the attached Schedule.

— D. EBY, Attorney General; J. SIMS, Presiding Member of the Executive Council.

Schedule

1 Rule 6-1 (1) of the Supreme Court Civil Rules, B.C. Reg. 168/2009, is amended by adding ", other than to change parties or withdraw an admission," after "filed by the party".

2 Rule 6-2 is amended by adding the following subrule before the heading "General":

Application without notice

(9.1) Unless the court otherwise orders, an application under subrule (7) may be made without notice to any person who is not a party.

3 Rule 12-2 is amended

(a) in subrule (1) by adding "and not more than 120 days" after "at least 28 days", and

(b) in subrule (3.1) by striking out "no later than 21 days" and substituting "at least 21 days".

4 Rule 23-6 (8) to (10) is repealed and the following subrules added:

Notice of appeal

(8.1) An appeal from an order of a decision of a master, registrar or special referee must be brought by filing a notice of appeal in Form 121 within 14 days after the order or decision is made.

Service of notice of appeal and appellant’s statement of argument

(8.2) A copy of the filed notice of appeal and of the appellant’s statement of argument, in Form 121.1, must be served on the respondent(s) within 7 days after notice of appeal being filed.

Notice of interest

(8.3) A respondent who wishes to oppose the appeal must file a notice of interest in Form 70.

Service of notice of interest and respondent’s statement of argument

(8.4) A copy of the notice of interest and of the respondent’s statement of argument in the form set out in Form 121.2 must be delivered to the appellant within 14 days of the notice of appeal and appellant’s statement of argument being served.

Transcript of reasons for judgment or decision

(8.5) If the order or decision from which the appeal is taken was pronounced orally rather than issued in writing, the appellant must order a transcript of the presider’s reasons for judgment or decision within 14 days after the order or decision is issued.

Transcript of oral evidence

(8.6) If the appeal is taken from an order or decision following a hearing in which oral evidence is taken, in addition to a transcript of the reasons for judgment or decision, the appellant must order a transcript of the oral evidence within 14 days after the order or decision is issued.

Date and time of hearing of appeal

(8.7) If the hearing of an appeal will require more than 2 hours, the date and time of the hearing must be fixed by Supreme Court Scheduling, and if the hearing of the appeal will require 2 hours or less, it may be set on the chambers list on a date not before the expiry of the time for delivery of the respondent’s notice of interest and statement of argument.

Appeal record

(8.8) The appellant must provide to the registry where the hearing of the appeal is to take place, no earlier than 9 a.m. and no later than 4 p.m. on the business day that is one full business day before the date set for the hearing, an appeal record as follows:

(a) the appeal record must be in a ring binder or in some other form of secure binding;

(b) the appeal record must contain

(i) a title page,

(ii) an index,

(iii) a copy of the notice of appeal,

(iv) a copy of the order of the master or decision of the registrar or special referee that is subject to the appeal,

(v) a copy of the written reasons for judgment of the master, or reasons for decision of the registrar or special referee, or, if the reasons were given orally, a transcript of the reasons,

(vi) a copy of the notice of application and application response, and for registrars’ appeals, a copy of the appointment,

(vii) copies of any affidavits that were before the master, registrar or special referee that will be relied on for the appeal,

(viii) a transcript of any oral evidence heard by the master, registrar or special referee to be relied on for the appeal,

(ix) the appellant’s statement of argument, not to exceed 10 pages, and

(x) the respondent’s statement of argument, not to exceed 10 pages.

Appeal record to be returned

(8.9) Unless the court otherwise orders, the appellant must retrieve the appeal record at the conclusion of the hearing or, if the appeal is adjourned to a date later than the following business day, after the hearing is adjourned.

Abridgement or modification of timelines and documents required on appeal

(8.10) If the circumstances of an appeal require, the timelines and document filing requirements may be abridged, extended or modified by order under Rule 22-4 (2).

5 Form 118 of Appendix A is amended

(a) in the box to the right of "plus confirmation fee" by adding "$10.00", and

(b) by striking out "www.ag.gov.bc.ca/courts/fax/index.htm" and substituting "https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-civil-forms".

6 Form 121 is amended by striking out "Form 121 (Rule 23-6 (9) )" and substituting "Form 121 (Rule 23-6 (8.1) )".

7 The following forms are added to Appendix A:

Form 121.1 (Rule 23-6 (8.2) )

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

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

In the Supreme Court of British Columbia

Between

Appellant

and

Respondent

APPELLANT’S STATEMENT OF ARGUMENT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

[Not to exceed 10 pages]

Part 1: STATEMENT OF FACTS

The facts of this case are as follows:

[Using numbered paragraphs, set out a concise statement of the material facts giving rise to the appellant’s statement of argument.]

1

2

Part 2: ISSUES ON APPEAL

The appellant agrees with the order appealed from except as follows:

[Using numbered paragraphs, set out a concise statement of the legal bases from the decision or order which give rise to the appellant’s appeal.]

1

2

Part 3: STANDARD OF REVIEW

[This part must set out the standard of review that the appellant says governs the appeal.]

Part 4: ARGUMENT

The decision or order appealed from is opposed because:

[Using numbered paragraphs, set out a concise statement of the appellant’s argument in opposition to the decision or order.]

1

2

Part 5: ORDER SOUGHT

[This part must set out the order sought by the appellant.]

Form 121.2 (Rule 23-6 (8.4) )

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

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

In the Supreme Court of British Columbia

Between

Appellant

and

Respondent

RESPONDENT’S STATEMENT OF ARGUMENT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

[Not to exceed 10 pages]

Part 1: STATEMENT OF FACTS

The respondent’s position on the appellant’s statement of facts is as follows:

[Using numbered paragraphs, set out a concise statement of the opposed relevant material facts in the appellant’s statement of argument and a concise statement of any other relevant facts to be considered.]

1

2

Part 2: ISSUES ON APPEAL

The respondent’s position on the appellant’s statement of issues on appeal is as follows:

[Using numbered paragraphs, set out a concise statement of the opposed legal bases in the decision or order.]

1

2

Part 3: STANDARD OF REVIEW

[This part must set out the standard of review which the respondent says governs the appeal.]

Part 4: ARGUMENT

The appellant’s argument is opposed because:

[Using numbered paragraphs, set out a concise statement of the respondent’s argument in opposition to the decision or order sought by the appellant.]

1

2

Part 5: ORDER SOUGHT

[This part must set out the order sought by the respondent.]

8 Item 1 in the table in section 2 of Schedule 4 in Appendix C is amended by striking out "Rule 23-6 (8)" and substituting "Rule 23-6 (8.1)".

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