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Contents
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Part 1 — Interpretation |
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Rule 1-1 — Interpretation |
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(1) |
Definitions |
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(2) |
Interpretation Act and Supreme Court
Act
|
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(3) |
Titles and headings |
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(4) |
Reference aids |
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Rule 1-2 — Citation and Application |
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(1) |
Citation |
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(2) |
Rules apply to all family law cases |
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(3) |
Waiver of rule by agreement |
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Rule 1-3 — Object of Rules |
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(1) |
Object |
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(2) |
Proportionality |
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Part 2 — Resolving Cases by Agreement |
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Rule 2-1 — Agreements |
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(1) |
Written agreements |
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Rule 2-2 — Joint Family Law Case |
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(1) |
Joint family law case |
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(2) |
Notice of family claim in joint family law case |
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(3) |
Withdrawal from joint family law case |
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(4) |
Claiming additional relief |
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(5) |
Application of rules |
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Part 3 — How to Start and Defend a Family Law Case |
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Rule 3-1 — Choosing the Correct Form of Proceeding |
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(1) |
Commencing family law cases by notice of family claim |
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(2) |
Special situations |
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(3) |
Petitions |
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(4) |
Applications and petitions |
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(5) |
Joining claims and parties |
Part 4 — Family Law Cases Started by
Filing a Notice of Family Claim |
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Rule 4-1 — Notice of Family Claim |
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(1) |
Notice of family claim |
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(2) |
Service |
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Rule 4-2 — Serving and Renewing the Notice of Family Claim |
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(1) |
Renewal of original notice of family claim |
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(2) |
Further renewal of notice of family claim |
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(3) |
When renewal period begins |
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(4) |
After renewal of notice of family claim |
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Rule 4-3 — Responding to a Notice of Family Claim |
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(1) |
Filing a response to family claim |
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(2) |
No notice of hearing if no response to family claim |
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Rule 4-4 — Counterclaim |
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(1) |
Counterclaim |
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(2) |
Form of counterclaim |
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(3) |
Counterclaim may include claims against
persons other than the claimant
|
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(4) |
Service required |
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(5) |
Parties against whom relief is sought must respond |
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(6) |
No notice of hearing if no response to counterclaim |
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(7) |
If family law case stayed or discontinued |
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(8) |
Judgment |
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Rule 4-5 — Other Rules about Notice of Family Claim Cases |
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(1) |
Person allegedly involved in adultery |
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(2) |
Marriage certificate to be filed |
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(3) |
Withdrawal |
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Rule 4-6 — Pleadings Generally |
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(1) |
Inconsistent allegations |
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(2) |
Alternative allegations |
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(3) |
Order for particulars |
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(4) |
Demand for particulars |
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(5) |
Demand for particulars not a stay of proceedings |
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Part 5 — Financial Disclosure |
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Rule 5-1 — Financial Disclosure |
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(1) |
Interpretation |
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(2) |
Application of this rule |
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(3) |
Numbering applicable income documents |
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(4) |
Who must provide Part 1 of a Form F8 financial statement |
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(5) |
Who must provide Parts 2 and 3 of
a Form F8 financial statement
|
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(6) |
If special or extraordinary expenses are claimed |
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(7) |
If undue hardship is claimed |
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(8) |
Agreement avoids need for documents |
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(9) |
Who must provide income documents |
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(10) |
Who must provide Part 3 of a
Form F8 financial statement
|
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(11) |
When party must file and serve documents |
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(12) |
Assessment notice to be included |
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(13) |
Particulars may be demanded |
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(14) |
Court may order particulars |
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(15) |
Information must be kept current |
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(16) |
Additional documents |
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(17) |
If written statement or particulars provided |
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(18) |
Updated statements |
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(19) |
Production of documents |
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(20) |
Responding to demand |
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(21) |
Request to corporation, partnership or proprietorship |
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(22) |
Production required |
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(23) |
Application to court for directions |
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(24) |
Application to court for exemption |
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(25) |
Application by person authorized |
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(26) |
Court may order exemption |
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(27) |
Costs |
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(28) |
Relief |
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(29) |
Confidentiality |
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(30) |
Sealing of financial information |
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(31) |
Child support guidelines prevail |
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(32) |
No conflict |
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Part 6 — Service |
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Rule 6-1 — Address for Service |
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(1) |
Party must have address for service |
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(2) |
Additional addresses for service |
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(3) |
Change of address for service |
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Rule 6-2 — Ordinary Service |
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(1) |
Documents normally to be served by ordinary service |
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(2) |
How to serve documents by ordinary service |
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(3) |
When service by delivery is deemed to be completed |
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(4) |
When service by mail is deemed to be completed |
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(5) |
When documents may be served by fax |
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(6) |
When service by fax or e-mail is deemed to be completed |
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(7) |
If no address for service given |
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Rule 6-3 — Personal Service |
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(1) |
When documents must be served by personal service |
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(2) |
How to serve documents by personal service |
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(3) |
Service on Attorney General |
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(4) |
When personal service is deemed to be completed |
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(5) |
Date of deemed service |
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Rule 6-4 — Alternative Methods of Service |
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(1) |
Alternative service methods |
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(2) |
If an alternative service method is permitted |
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(3) |
Service by advertisement |
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Rule 6-5 — Service outside British Columbia |
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(1) |
Service outside British Columbia without leave |
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(2) |
Application for leave to serve outside the jurisdiction |
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(3) |
Applications may be made without notice |
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(4) |
Service of order and related documents |
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(5) |
If service without leave valid |
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(6) |
Contract containing terms for service |
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(7) |
Contract does not invalidate effective service |
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(8) |
Definition |
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(9) |
Manner of service abroad |
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(10) |
Proof of service abroad |
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(11) |
Forms |
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(12) |
Certificate |
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Rule 6-6 — Proving Service |
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(1) |
Proof of service |
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(2) |
Proof of service by sheriff |
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(3) |
Service on member of Canadian Armed Forces |
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(4) |
Admissibility of other evidence of service |
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Rule 6-7 — Relief |
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(1) |
If service is alleged to be ineffective |
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Part 7 — Conferences |
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Rule 7-1 — Judicial Case Conference |
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(1) |
Requesting a judicial case conference |
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(2) |
Requirement to hold judicial case conference |
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(3) |
Applications that may be brought before a judicial case conference
|
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(4) |
Court may relieve party from requirement of subrule (2) |
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(5) |
How to apply for relief |
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(6) |
Powers of the court |
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(7) |
How to request a judicial case conference |
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(8) |
What must be served if judicial case conference is requested
|
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(9) |
Court may require a judicial case conference |
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(10) |
Form F8 financial statement must be
filed before judicial case conference
|
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(11) |
Other parties must file and serve Form F8 financial statement
|
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(12) |
Judicial case conference must be conducted by judge or master
|
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(13) |
Who must attend the judicial case conference |
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(14) |
Absent parties must be available and accessible
by telephone or other means
|
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(15) |
What happens at the judicial case conference |
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(16) |
Non-attendance at judicial case conference |
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(17) |
Judge or master may be seized of further applications |
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(18) |
Other judges or masters may hear applications |
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Rule 7-2 — Settlement Conferences |
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(1) |
Settlement conference |
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(2) |
Proceedings must be recorded |
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(3) |
When judge must not preside |
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Part 8 — Amendment of Documents and Change of Parties |
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Rule 8-1 — Amendment of Pleadings |
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(1) |
When pleading may be amended |
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(2) |
How amendments made |
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(3) |
Identifying amendments |
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(4) |
Service of amended pleadings |
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(5) |
Response of a party to amended pleading |
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(6) |
Failure to serve amended responding pleading |
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(7) |
Responding to amended pleading |
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(8) |
Amendment at trial |
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Rule 8-2 — Change of Parties |
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(1) |
Party ceasing to exist |
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(2) |
Effect of death |
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(3) |
Assignment or conveyance of interest |
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(4) |
Change or transmission of interest or liability |
| |
(5) |
Prosecution of family law case if claimant or petitioner dies
|
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(6) |
Costs on dismissal |
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(7) |
Adding, removing or substituting parties by order |
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(8) |
Procedure if person added, removed or
substituted as named party by order
|
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(9) |
Consent required |
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(10) |
Effect of order |
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Part 9 — Procedures for Obtaining Information and Documents |
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Rule 9-1 — Discovery and Inspection of Documents |
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(1) |
List of documents |
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(2) |
Documents to be enumerated |
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(3) |
Claim for privilege |
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(4) |
Nature of privileged documents to be described |
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(5) |
Affidavit verifying list of documents |
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(6) |
Supplementary list of documents |
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(7) |
Party may demand documents required under this rule |
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(8) |
Party may demand additional documents |
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(9) |
Response to demand for documents |
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(10) |
Application for production of documents |
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(11) |
Court may alter requirements |
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(12) |
Inspection of documents |
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(13) |
Copies of documents |
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(14) |
Order to produce document |
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(15) |
Documents not in possession of party |
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(16) |
Order by consent |
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(17) |
Inspection of document by court |
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(18) |
Party may not use document |
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(19) |
Determination of issue before discovery |
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Rule 9-2 — Examinations for Discovery |
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(1) |
Examination of parties |
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(2) |
Limitations |
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(3) |
Considerations of the court |
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(4) |
Oral examination on oath |
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(5) |
Examination of party that is not an individual |
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(6) |
Examination of person for whose
benefit family law case brought
|
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(7) |
Examination of guardian and infants |
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(8) |
Examination of mentally incompetent person |
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(9) |
Examination of bankrupt |
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(10) |
Place |
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(11) |
Examination before reporter |
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(12) |
Service of notice |
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(13) |
Person must attend examination |
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(14) |
Fees must not be attached |
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(15) |
Production of documents |
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(16) |
Examination and re-examination |
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(17) |
Scope of examination |
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(18) |
Person must inform self |
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(19) |
Response may be provided by letter |
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(20) |
If letter provided |
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(21) |
Objections |
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(22) |
How recorded |
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(23) |
Application to persons outside British Columbia |
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(24) |
Service of order and notice |
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Rule 9-3 — Discovery by Interrogatories |
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(1) |
Party may serve interrogatories by consent or with leave |
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(2) |
If a party is a body of persons |
| |
(3) |
Powers of court |
| |
(4) |
Timing of answer to interrogatories |
| |
(5) |
If more than one person to answer interrogatories |
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(6) |
Objection to answer interrogatory |
| |
(7) |
Insufficient answer to interrogatory |
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(8) |
Application to strike out interrogatory |
| |
(9) |
Service of interrogatories on lawyer |
| |
(10) |
Lawyer must inform |
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(11) |
Continuing obligation to answer |
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Rule 9-4 — Pre-trial Examination of Witness |
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(1) |
Order for examination |
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(2) |
Expert |
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(3) |
Affidavit in support of application |
| |
(4) |
Application procedure |
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(5) |
Subpoena |
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(6) |
Identification of documents and objects |
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(7) |
Notice of examination |
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(8) |
Mode of examination |
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(9) |
Time for examination |
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(10) |
Application of examination for discovery rules |
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Rule 9-5 — Physical Examination and Inspection |
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(1) |
Order for medical examination |
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(2) |
Subsequent examinations |
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(3) |
Questions by examiner |
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(4) |
Order for inspection and preservation of property |
| |
(5) |
Entry on land or building |
| |
(6) |
Application to persons outside British Columbia |
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Rule 9-6 — Admissions |
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(1) |
Notice to admit |
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(2) |
Effect of notice to admit |
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(3) |
Copy of document to be attached |
| |
(4) |
Unreasonable refusal to admit |
| |
(5) |
Withdrawal of admission |
| |
(6) |
Application for order on admissions |
|
Rule 9-7 — Depositions |
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(1) |
Examination of person |
| |
(2) |
Examination of person |
| |
(3) |
Grounds for order |
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(4) |
Time limits |
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(5) |
Subpoena |
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(6) |
Identification of documents and objects |
| |
(7) |
Place of examination |
| |
(8) |
Application of rule outside British Columbia |
| |
(9) |
If person willing to testify |
| |
(10) |
If person not willing to testify |
| |
(11) |
Letter of request |
| |
(12) |
Filing of undertaking |
| |
(13) |
Notice of examination |
| |
(14) |
Mode of examination |
| |
(15) |
Objection to question |
| |
(16) |
Recording of deposition evidence |
| |
(17) |
Preserving testimony |
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Part 10 — Obtaining Orders Other Than at Trial |
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Division 1 — Procedure and Affidavits |
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Rule 10-1 — Choosing the Appropriate Procedure |
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(1) |
Applications for non-final orders or to rescind, change or suspend a final order
|
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(2) |
Applications for final orders in undefended family law cases
|
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(3) |
Applications for final orders in defended family law cases |
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Rule 10-2 — Place Application Is Heard |
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(1) |
Place of hearing of application |
| |
(2) |
If more than one place |
| |
(3) |
If place of hearing is a place other than that
at which the family law case is being conducted
|
| |
(4) |
Place of hearing of application with leave of registrar |
| |
(5) |
Notice of application must be endorsed to reflect grant of leave
|
| |
(6) |
If place of hearing is a place chosen with leave of registrar
|
| |
(7) |
Transfer of file |
| |
(8) |
Forwarding of materials if transfer of file impracticable |
|
Rule 10-3 — Chambers Proceedings |
| |
(1) |
Definition |
| |
(2) |
Failure of party to attend |
| |
(3) |
Reconsideration of order |
| |
(4) |
Evidence on an application |
| |
(5) |
Hearing of application in public |
| |
(6) |
Adjournment of application set for hearing on a holiday |
| |
(7) |
Power of the court |
| |
(8) |
Powers of court if notice not given |
| |
(9) |
Urgent chambers proceeding |
| |
(10) |
Adjournment |
| |
(11) |
Notes of applications |
|
Rule 10-4 — Affidavits |
| |
(1) |
Affidavit to be filed |
| |
(2) |
Form and content of affidavit |
| |
(3) |
Identifying affidavits |
| |
(4) |
Making affidavit |
| |
(5) |
Statement to be signed |
| |
(6) |
Statement if person swearing or affirming the affidavit unable to read
|
| |
(7) |
Interpretation to person swearing or affirming the affidavit who does not understand English
|
| |
(8) |
Exhibit to be marked |
| |
(9) |
Copies of documentary exhibits |
| |
(10) |
Numbering exhibit pages |
| |
(11) |
Alterations to be initialled |
| |
(12) |
Limitation on contents of affidavit |
| |
(13) |
Exception |
| |
(14) |
Use of defective affidavit |
| |
(15) |
Affidavit made before proceeding started |
| |
(16) |
Affidavit of patient under the Patients Property Act
|
| |
Division 2 — Non-final and Change Orders |
Rule 10-5 — Applications for Non-final Orders
or to Rescind, Change or Suspend a Final Order
|
| |
(1) |
How to bring applications for non-final orders |
|
Rule 10-6 — Usual Application Procedure |
| |
(1) |
Definition |
| |
(2) |
Notice of application |
| |
(3) |
Contents of notice of application |
| |
(4) |
Date and time of hearing |
| |
(5) |
Date and time if hearing time more than 2 hours |
| |
(6) |
Service of application materials |
| |
(7) |
Service requirements |
| |
(8) |
Application response |
| |
(9) |
Contents of application response |
| |
(10) |
Address for service |
| |
(11) |
Service of application response materials |
| |
(12) |
Applicant may respond |
| |
(13) |
No additional affidavits |
| |
(14) |
Application record |
| |
(15) |
Service of application record index |
| |
(16) |
If application respondent's application is to be heard at the hearing
|
| |
(17) |
Application record to be returned |
| |
(18) |
Application record to be returned to the registry |
| |
(19) |
Provision of amended application record |
| |
(20) |
Application respondent may apply for directions |
|
Rule 10-7 — Consent Applications |
| |
(1) |
Application by consent |
| |
(2) |
Consent order |
| |
(3) |
Disposition of referred applications |
|
Rule 10-8 — Applications of Which Notice Is Not Required |
| |
(1) |
Application of which notice is not required |
| |
(2) |
Referral by registrar |
| |
(3) |
Disposition of referred applications |
|
Rule 10-9 — Urgent Applications |
| |
(1) |
Short notice |
| |
(2) |
How to make a short notice application |
| |
(3) |
Normal time and notice rules don't apply |
| |
(4) |
Powers of court on short notice application |
| |
(5) |
Effect of short notice order |
| |
(6) |
Orders without notice |
| |
(7) |
Service of orders required |
| |
(8) |
Setting aside orders made without notice |
| |
Division 3 — Final Orders |
|
Rule 10-10 — Final Orders in Undefended Family Law Cases |
| |
(1) |
How to bring applications for judgment in undefended family law case
|
| |
(2) |
How to bring applications by requisition |
| |
() |
|
| |
(3) |
When proof of service is not required |
| |
(4) |
Evidence in undefended family law case if divorce sought |
| |
(5) |
Powers of court on application |
|
Rule 10-11 — Final Orders in Defended Family Law Cases |
| |
(1) |
Final orders in defended family law cases |
|
Part 11 — Pre-Trial Resolution Procedures |
|
Rule 11-1 — Offers to Settle |
| |
(1) |
Definition |
| |
(2) |
Offer not to be disclosed |
| |
(3) |
Offer not an admission |
| |
(4) |
Offer may be considered in relation to costs |
| |
(5) |
Cost options |
| |
(6) |
Considerations of court |
| |
(7) |
Counter offer |
|
Rule 11-2 — Striking Documents |
| |
(1) |
Scandalous, frivolous or vexatious matters |
| |
(2) |
Admissibility of evidence |
| |
(3) |
Powers of registrar |
| |
(4) |
Reconsideration of order |
|
Rule 11-3 — Summary Trial |
| |
(1) |
Definition |
| |
(2) |
Application |
| |
(3) |
When application must be heard |
| |
(4) |
Setting application for hearing |
| |
(5) |
Evidence on application |
| |
(6) |
Application of Rule 14-7 |
| |
(7) |
Application of Rules 13-6 and 13-7 |
| |
(8) |
Filings with application |
| |
(9) |
Notice of evidence to be used on application |
| |
(10) |
Giving notice |
| |
(11) |
Adjournment or dismissal |
| |
(12) |
Preliminary orders |
| |
(13) |
Ancillary or preliminary orders may be made at or before application
|
| |
(14) |
Judge not seized of application |
| |
(15) |
Judgment |
| |
(16) |
No further application without leave |
| |
(17) |
Orders |
| |
(18) |
Right to vary or set aside order |
|
Rule 11-4 — Discontinuance and Withdrawal |
| |
(1) |
Discontinuance before family law case set for trial |
| |
(2) |
Discontinuance after family law case set for trial |
| |
(3) |
Withdrawal by respondent |
| |
(4) |
Costs and default procedure on discontinuance or withdrawal |
| |
(5) |
Some costs remain recoverable |
| |
(6) |
Proceeding after response is withdrawn |
| |
(7) |
Discontinuance not a defence |
| |
(8) |
Application to counterclaim and petition. |
|
Part 12 — Property and Injunctions |
|
Rule 12-1 — Detention, Preservation and Recovery of Property |
| |
(1) |
Property that is the subject matter of a family law case |
| |
(2) |
Fund that is the subject matter of a family law case |
| |
(3) |
Allowance of income from property |
| |
(4) |
Recovery of specific property |
| |
(5) |
Compensation for wrongful recovery |
|
Rule 12-2 — Receivers |
| |
(1) |
Appointment of receiver |
| |
(2) |
Form of security |
| |
(3) |
Remuneration of receiver |
| |
(4) |
Accounts of receiver |
|
Rule 12-3 — Interpleader |
| |
(1) |
Entitlement to relief by way of interpleader |
| |
(2) |
Claim to real or personal property taken by sheriff |
| |
(3) |
Sheriff to deliver notice |
| |
(4) |
If claim admitted |
| |
(5) |
Sheriff may apply for interpleader relief |
| |
(6) |
Mode of application |
| |
(7) |
Affidavit |
| |
(8) |
Application for interpleader relief |
| |
(9) |
Powers of court on hearing application |
|
Rule 12-4 — Injunctions |
| |
(1) |
Applications for pre-trial injunctions |
| |
(2) |
Applications for pre-trial injunctions before family law case started
|
| |
(3) |
Applications for interim injunctions without notice |
| |
(4) |
Injunction by court order |
| |
(5) |
Undertaking as to damages |
| |
(6) |
Application for injunction after judgment |
|
Part 13 — Court Ordered Reports and Expert Witnesses |
|
Rule 13-1 — Court Ordered Reports under Section 15 of the Family Relations Act
|
| |
(1) |
Court-ordered report must be filed |
| |
(2) |
Permission required to call person who prepares court-ordered report
|
| |
(3) |
Person who prepares court-ordered report must attend |
| |
(4) |
Cost of calling preparer of report |
|
Rule 13-2 — Duty of Expert Witnesses |
| |
(1) |
Duty of expert witness |
| |
(2) |
Advice and certification |
|
Rule 13-3 — Appointing Joint Expert Witnesses |
| |
(1) |
Definition |
| |
(2) |
Joint appointment on financial issues |
| |
(3) |
Other appointments on non-financial issues |
|
Rule 13-4 — Jointly Appointed Experts |
| |
(1) |
Matters to be settled prior to appointment |
| |
(2) |
Appointment agreement |
| |
(3) |
Application to court |
| |
(4) |
Order |
| |
(5) |
Role of expert appointed under this rule |
| |
(6) |
Notice of application |
| |
(7) |
Additional experts |
| |
(8) |
Considerations |
| |
(9) |
Cooperation required |
| |
(10) |
Cross-examination |
|
Rule 13-5 — Appointment of Court's Own Expert |
| |
(1) |
Appointment of experts by court |
| |
(2) |
Materials required by court |
| |
(3) |
Court may name different expert |
| |
(4) |
Expert must consent |
| |
(5) |
What court may consider |
| |
(6) |
Previous report not a bar |
| |
(7) |
Consequences of court appointment |
| |
(8) |
Directions to expert |
| |
(9) |
Contents of order appointing expert |
| |
(10) |
Remuneration of expert |
| |
(11) |
Security for remuneration |
| |
(12) |
Report |
| |
(13) |
Report must be introduced as evidence |
|
Rule 13-6 — Expert Reports |
| |
(1) |
Requirements for report |
| |
(2) |
Proof of qualifications |
| |
(3) |
Service of report |
| |
(4) |
Service of responding report |
| |
(5) |
Supplementary report of joint or court-appointed expert |
| |
(6) |
Supplementary report of own expert |
| |
(7) |
Requirements for supplementary report |
| |
(8) |
Production of documents |
| |
(9) |
Notice of trial date to expert |
| |
(10) |
Notice of objection to expert opinion evidence |
| |
(11) |
When objection not permitted |
|
Rule 13-7 — Expert Opinion Evidence at Trial |
| |
(1) |
Admissibility |
| |
(2) |
When report stands as evidence |
| |
(3) |
Cross-examination of expert |
| |
(4) |
Costs of cross-examination |
| |
(5) |
Restrictions on calling expert as witness at trial |
| |
(6) |
When court may dispense with requirement of this Part |
|
Part 14 — Trial Rules |
| |
Division 1 — Application |
|
Rule 14-1 — Application |
| |
(1) |
Application |
| |
Division 2 — Setting a Family Law Case for Trial |
|
Rule 14-2 — How to Set Trial for Hearing |
| |
(1) |
Notice of trial |
| |
(2) |
Content of notice of trial |
| |
(3) |
Registry |
| |
(4) |
Place of trial |
| |
(5) |
When notice of trial must be served |
| |
(6) |
If trial date unacceptable |
| |
(7) |
Time of trial |
| |
(8) |
Court may make orders respecting trial dates |
| |
(9) |
Duty to inform registry |
|
Rule 14-3 — Trial Management Conference |
| |
(1) |
Date for trial management conference |
| |
(2) |
Trial management conference must be conducted by judge |
| |
(3) |
Trial brief required |
| |
(4) |
Who must attend the trial management conference |
| |
(5) |
Non-attendance at trial management conference |
| |
(6) |
Absent parties must be available and accessible by telephone or other means
|
| |
(7) |
Application must be made by requisition |
| |
(8) |
Proceedings must be recorded |
| |
(9) |
Orders at a trial management conference |
| |
(10) |
When approval in writing by lawyer not required |
| |
(11) |
Prohibited orders |
|
Rule 14-4 — Trial Record |
| |
(1) |
Trial record for the court |
| |
(2) |
Powers of registrar respecting trial records |
| |
(3) |
Filing and service of trial record |
| |
(4) |
Amended trial record |
| |
(5) |
When certificate required |
| |
(6) |
Direction as to trial record |
|
Rule 14-5 — Trial Certificate |
| |
(1) |
Trial certificate |
| |
(2) |
When trial certificate must be filed |
| |
(3) |
What trial certificate must contain |
| |
(4) |
Service |
| |
(5) |
Failure to file |
| |
(6) |
Applications prohibited |
| |
Division 3 — Conduct of Trial |
|
Rule 14-6 — Mode of Trial |
| |
(1) |
Trial without jury |
| |
(2) |
Trial of one question before others |
|
Rule 14-7 — Evidence and Procedure at Trial |
| |
(1) |
Application |
| |
(2) |
Court may vary order |
| |
(3) |
Failure to prove a material fact |
| |
(4) |
No evidence application |
| |
(5) |
Respondent need not elect whether to call evidence |
| |
(6) |
Insufficient evidence application |
| |
(7) |
Respondent must elect not to call evidence |
| |
(8) |
Notice to produce |
| |
(9) |
Numbering exhibit pages |
| |
(10) |
Opportunity to inspect exhibit |
| |
(11) |
Registrar to take charge of exhibits |
| |
(12) |
Return of exhibits |
| |
(13) |
Other returns |
| |
(14) |
Disposal of exhibits after final disposition |
| |
(15) |
Notice respecting disposal of exhibits before final disposition
|
| |
(16) |
Disposal of exhibits before final disposition |
| |
(17) |
If exhibit disposed of |
| |
(18) |
If exhibit destroyed |
| |
(19) |
"Adverse party" defined |
| |
(20) |
Adverse witness |
| |
(21) |
Notice to call adverse witness |
| |
(22) |
Exceptions |
| |
(23) |
Application to set notice aside |
| |
(24) |
Court may make order |
| |
(25) |
Refusal to comply with notice |
| |
(26) |
Adverse party as witness may be cross-examined |
| |
(27) |
Witness to testify orally |
| |
(28) |
Witness must be listed in witness list |
| |
(29) |
Examination of witnesses |
| |
(30) |
Any party may contradict testimony |
| |
(31) |
Party may prepare and serve subpoena |
| |
(32) |
Form of subpoena |
| |
(33) |
Subpoena not to be filed or sealed |
| |
(34) |
Service of subpoena |
| |
(35) |
Fees to accompany subpoena |
| |
(36) |
Production of documents and physical objects |
| |
(37) |
Order for attendance of witness in custody |
| |
(38) |
Failure of witness to attend or remain in attendance |
| |
(39) |
Order setting aside subpoena |
| |
(40) |
Use of deposition evidence |
| |
(41) |
Use of videotape or film |
| |
(42) |
Certified transcript |
| |
(43) |
Video recording of deposition evidence |
| |
(44) |
Video recording of evidence becomes exhibit |
| |
(45) |
Deposition to be given in full |
| |
(46) |
Persons against whom discovery evidence is admissible |
| |
(47) |
Notice required of evidence |
| |
(48) |
Attendance at trial may be required |
| |
(49) |
Court may consider whole examination |
| |
(50) |
Discovery evidence of person under disability |
| |
(51) |
Transcripts of discovery evidence |
| |
(52) |
Use of pre-trial examination of a witness |
| |
(53) |
Court may consider whole pre-trial examination |
| |
(54) |
Use of transcript of other proceedings |
| |
(55) |
Transcript for the court |
| |
(56) |
Objection to transcript evidence at trial |
| |
(57) |
Custody of transcripts |
| |
(58) |
Use of interrogatories at trial |
| |
(59) |
Affidavit evidence |
| |
(60) |
Copy of affidavit must be furnished |
| |
(61) |
Cross-examination |
| |
(62) |
Court may extend or abridge time to require witness attendance
|
| |
(63) |
Contents |
| |
(64) |
Cross-examination not limited |
| |
(65) |
Costs where attendance unnecessary |
| |
(66) |
Trial with assessor |
| |
(67) |
Trial of one question before others |
| |
(68) |
Trial by different modes of trial |
| |
(69) |
Calculation of amount by officer of the court |
| |
(70) |
Use of recording device |
| |
(71) |
Evidence of particular facts |
| |
(72) |
Order of speeches |
| |
(73) |
Court may make order respecting submissions |
| |
(74) |
Clerk to note time of trial |
| |
(75) |
Failure of all parties to appear at trial |
| |
(76) |
Failure of one party to appear at trial |
| |
(77) |
Court may set aside judgment |
|
Part 15 — Court Orders and Their Enforcement |
|
Rule 15-1 — Orders |
| |
(1) |
Form of order |
| |
(2) |
Restraining order |
| |
(3) |
Drawing and approving orders |
| |
(4) |
When approval in writing not required |
| |
(5) |
Endorsement of order on application sufficient in certain cases
|
| |
(6) |
Order granted conditionally on document to be filed |
| |
(7) |
Waiver of order obtained on condition |
| |
(8) |
Order of judge or master |
| |
(9) |
Date of order |
| |
(10) |
Approval of order |
| |
(11) |
Requirement of consent order |
| |
(12) |
Settlement of orders |
| |
(13) |
Appointment to settle |
| |
(14) |
Party failing to attend on appointment to settle |
| |
(15) |
Review of settlement |
| |
(16) |
Registrar may draw order |
| |
(17) |
Special directions for entry or service |
| |
(18) |
Correction of orders |
| |
(19) |
Opinions, advice and directions of the court |
| |
(20) |
Orders on terms and conditions |
|
Rule 15-2 — Divorce Orders |
| |
(1) |
Ongoing prior proceedings |
| |
(2) |
Claim for divorce joined with other claims |
| |
(3) |
Form of certificate of divorce |
| |
(4) |
Service of divorce order |
|
Rule 15-3 — Provisional and Extra-Provincial Orders |
| |
(1) |
Provisional orders made in British Columbia |
| |
(2) |
Provisional orders made in another province |
| |
(3) |
Duty of registrar |
| |
(4) |
Registration of orders |
| |
(5) |
Exchange of orders between provinces |
| |
(6) |
Enforcement in Provincial Court |
|
Rule 15-4 — Enforcement of Orders |
| |
(1) |
Order to pay money to a person |
| |
(2) |
Order to pay money into court |
| |
(3) |
Order for recovery or delivery of land |
| |
(4) |
Order for recovery or delivery of property other than land |
| |
(5) |
Appointment of receiver |
| |
(6) |
Execution by or against person not a party |
| |
(7) |
Remedy on non-compliance with mandatory order |
| |
(8) |
Issue of execution on conditional order |
| |
(9) |
Order when right to relief has arisen |
| |
(10) |
Issue of execution on change of parties |
| |
(11) |
Production of order before execution |
| |
(12) |
Endorsement of writ |
| |
(13) |
Issue of writ of sequestration, possession or delivery |
| |
(14) |
Issue of writ of execution if order to pay money within a period
|
| |
(15) |
Issue of writ of execution |
| |
(16) |
When writ of execution is issued |
| |
(17) |
Copy of writ of execution must be left with registry |
| |
(18) |
Term of writ of execution |
| |
(19) |
Renewal of writ of execution |
| |
(20) |
Hearing of writ of execution |
| |
(21) |
Writ of execution to be endorsed |
| |
(22) |
Enforcement costs |
| |
(23) |
Registrar may fix amount |
| |
(24) |
Assessments and accounting |
| |
(25) |
Registrar may certify on accounting |
| |
(26) |
Certificate of same effect as order |
| |
(27) |
Separate writs for costs |
| |
(28) |
Judgment for recovery of property other than land |
| |
(29) |
Acknowledgment of payment |
| |
(30) |
Order that judgment has been paid |
| |
(31) |
Stay of execution |
| |
(32) |
Balance becomes payable if instalment not paid when due |
| |
(33) |
Application for relief |
| |
(34) |
Application for directions |
|
Rule 15-5 — Compelling a Debtor under the Family Maintenance Enforcement Act to Appear in Court
|
| |
(1) |
Summons under the Family Maintenance Enforcement Act
|
| |
(2) |
Committal summons under the Family Maintenance Enforcement Act
|
| |
(3) |
Arrest warrants |
|
Rule 15-6 — Subpoena to Debtor |
| |
(1) |
Subpoena to debtor |
| |
(2) |
To whom subpoena must be directed |
| |
(3) |
Service of subpoena |
| |
(4) |
Examination of debtor |
| |
(5) |
Examiner |
| |
(6) |
Examination |
| |
(7) |
Adjournment |
| |
(8) |
Debtor refusing to attend or respond |
| |
(9) |
Creditor failing to attend, etc. |
| |
(10) |
Debtor unreasonably refusing to pay |
| |
(11) |
Order for payment |
| |
(12) |
Notice of application for committal |
| |
(13) |
Order for committal |
| |
(14) |
Costs payable by debtor |
| |
(15) |
Form of order |
| |
(16) |
Term of order |
| |
(17) |
Payment to sheriff |
| |
(18) |
Maintenance money recoverable |
| |
(19) |
Debtor to be brought before court |
| |
(20) |
Application to set aside or vary order |
| |
(21) |
Payment of debt |
| |
(22) |
Receipt for payment |
| |
(23) |
Release from custody |
| |
(24) |
Payment to creditor |
| |
(25) |
Requisition for discharge |
| |
(26) |
Failure to pay sheriff |
| |
(27) |
Liability imposed by order |
| |
(28) |
Enforcement of certificate |
|
Rule 15-7 — Examinations in Aid of Execution |
| |
(1) |
Definitions |
| |
(2) |
Examination of judgment debtor |
| |
(3) |
Examination of corporate, partnership or firm judgment debtor
|
| |
(4) |
Limitation |
| |
(5) |
Examination of person other than judgment debtor |
| |
(6) |
Order in certain cases |
| |
(7) |
Application of examination for discovery rules |
| |
(8) |
Use of examination |
| |
(9) |
Costs |
|
Rule 15-8 — Sales by the Court |
| |
(1) |
Court may order sale |
| |
(2) |
Conduct of sale |
| |
(3) |
Directions for sale |
| |
(4) |
Application for directions |
| |
(5) |
Certificate of sale |
| |
(6) |
Vesting order |
|
Part 16 — Costs |
|
Rule 16-1 — Costs |
| |
(1) |
Tariff of costs |
| |
(2) |
Assessment of special costs |
| |
(3) |
Assessment officer |
| |
(4) |
Disbursements |
| |
(5) |
Directions |
| |
(6) |
Tax in respect of legal services and disbursements |
| |
(7) |
Costs to follow event |
| |
(8) |
Costs where party represented by an employee |
| |
(9) |
Costs of applications |
| |
(10) |
When costs payable |
| |
(11) |
Costs of hearing fees |
| |
(12) |
Obligation to pay unaffected |
| |
(13) |
Costs arising from improper act or omission |
| |
(14) |
Costs of whole or part of family law case |
| |
(15) |
Costs payable from estate or property |
| |
(16) |
Set-off of costs |
| |
(17) |
Costs of one respondent payable by another |
| |
(18) |
Unnecessary expense after judgment |
| |
(19) |
Form of bill of costs |
| |
(20) |
Appointment to assess costs |
| |
(21) |
Place for assessment |
| |
(22) |
Further particulars |
| |
(23) |
Assessment of sheriff's fees |
| |
(24) |
Service of appointment |
| |
(25) |
Certificate of costs |
| |
(26) |
Review of an assessment |
| |
(27) |
Form of bill in certain cases |
| |
(28) |
Description of services |
| |
(29) |
Evidence of lawyer |
| |
(30) |
Disallowance of fees and costs |
| |
(31) |
Costs may be ordered without assessment |
| |
(32) |
Notice |
| |
(33) |
Order to be served |
| |
(34) |
Limitation |
| |
(35) |
Refusal or neglect to procure assessment |
| |
(36) |
Referrals |
|
Part 17 — Petition Proceedings |
|
Rule 17-1 — Petitions |
| |
(1) |
Definitions |
| |
(2) |
Petitions |
| |
(3) |
Service |
| |
(4) |
Response to petition |
| |
(5) |
Contents of response to petition |
| |
(6) |
Petitioner may respond |
| |
(7) |
No additional affidavits |
| |
(8) |
Setting application for hearing |
| |
(9) |
Date and time of hearing |
| |
(10) |
Date and time if hearing time more than 2 hours |
| |
(11) |
Petition record |
| |
(12) |
Service of petition record |
| |
(13) |
If petition respondent's application is to be heard at the hearing
|
| |
(14) |
Petition record to be returned |
| |
(15) |
Petition record to be returned to registry |
| |
(16) |
Provision of amended petition record |
| |
(17) |
Petition respondent may apply for directions |
| |
(18) |
Powers of court |
| |
(19) |
Amendment of petition |
| |
(20) |
Renewal of original petition |
| |
(21) |
Further renewal of petition |
| |
(22) |
When renewal period begins |
| |
(23) |
After renewal of petition |
| |
(24) |
Uncontested adoptions |
| |
(25) |
Referral by registrar |
| |
(26) |
Disposition of referred applications |
|
Part 18 — Other Procedures |
|
Rule 18-1 — Inquiries, Assessments and Accounts |
| |
(1) |
Direction for inquiries, assessments or accounts |
| |
(2) |
Certificate as to result |
| |
(3) |
Report and recommendation |
| |
(4) |
Application to vary or confirm recommendation |
| |
(5) |
Time and place of hearing |
| |
(6) |
Appointment |
| |
(7) |
Witnesses |
| |
(8) |
Certificate or recommendation to be filed and served |
| |
(9) |
Party may file certificate |
| |
(10) |
Opinion of the court |
| |
(11) |
Accounts of executor, trustee, etc. |
| |
(12) |
Special directions |
| |
(13) |
Court may appoint lawyer |
| |
(14) |
Varying directions |
| |
(15) |
Account to be verified by affidavit |
| |
(16) |
Form of account |
| |
(17) |
Particulars of errors in account |
| |
(18) |
Notice of order |
| |
(19) |
Person bound as if party |
| |
(20) |
Dispensing with service |
| |
(21) |
Person may apply to vary or rescind |
| |
(22) |
Person may file a notice of interest |
|
Rule 18-2 — Jurisdictional Disputes |
| |
(1) |
Disputed jurisdiction |
| |
(2) |
Order declining jurisdiction may be sought |
| |
(3) |
Disputed pleading or service |
| |
(4) |
Powers of court pending resolution |
| |
(5) |
Party does not submit to jurisdiction |
|
Rule 18-3 — Appeals |
| |
(1) |
Application |
| |
(2) |
Form |
| |
(3) |
Directions |
| |
(4) |
Conduct of appeal |
| |
(5) |
Application for directions |
| |
(6) |
Service of notice of appeal |
| |
(7) |
Powers of court |
| |
(8) |
Filing notice of interest |
| |
(9) |
Notice of hearing of appeal |
| |
(10) |
Notice of abandonment of appeal |
|
Part 19 — Judgments From Other Courts |
|
Rule 19-1 — Canadian Judgments |
| |
(1) |
Definition |
| |
(2) |
Registration requirements for Canadian judgments |
|
Rule 19-2 — Foreign Judgments |
| |
(1) |
Definitions |
| |
(2) |
Application under Court Order Enforcement Act
|
| |
(3) |
Affidavit in support |
| |
(4) |
Applications for reciprocal enforcement of judgment |
| |
(5) |
Form of order to register |
| |
(6) |
Notice of registration |
| |
(7) |
Setting aside registration of judgment under convention |
| |
(8) |
Stay of enforcement |
| |
(9) |
Stay of proceeding in family law case on foreign judgment |
|
Part 20 — Special Rules For Certain Parties |
|
Rule 20-1 — Partnerships |
| |
(1) |
Partners may sue or be sued in firm name |
| |
(2) |
Service on firm |
| |
(3) |
Responding pleading |
| |
(4) |
Affidavit naming partners |
| |
(5) |
Court may order service |
| |
(6) |
Execution against partnership property |
| |
(7) |
Execution against partners |
| |
(8) |
Execution against other persons |
| |
(9) |
Liability may be determined |
| |
(10) |
Family law case against person carrying on business in a name other than the person's own
|
|
Rule 20-2 — Minors |
| |
(1) |
Party who is a minor |
| |
(2) |
Appointment of litigation guardian |
|
Rule 20-3 — Persons under Disability |
| |
(1) |
Interpretation |
| |
(2) |
Start of family law case by person under disability |
| |
(3) |
Role of litigation guardian |
| |
(4) |
Lawyer must be involved |
| |
(5) |
Litigation guardian |
| |
(6) |
Committee as litigation guardian |
| |
(7) |
Consent of litigation guardian |
| |
(8) |
Certificate of fitness |
| |
(9) |
Certificate for a litigation guardian |
| |
(10) |
Party becoming incompetent |
| |
(11) |
Removal of litigation guardian |
| |
(12) |
Party attaining age of majority |
| |
(13) |
Effect of filing affidavit |
| |
(14) |
Step in default |
| |
(15) |
Service |
| |
(16) |
Litigation guardian must be appointed |
| |
(17) |
Compromise by person under disability |
| |
(18) |
Approval of compromise |
|
Rule 20-4 — Declaratory Relief |
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(1) |
Declaratory order |
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Rule 20-5 — Persons Who Are Indigent |
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(1) |
Court may determine indigent status |
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(2) |
Application of order |
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(3) |
How to apply |
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(4) |
Review, variation or rescission of order |
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(5) |
No fee payable |
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Part 21 — General |
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Rule 21-1 — Forms and Documents |
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(1) |
Forms |
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(2) |
Documents |
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(3) |
Transcripts |
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(4) |
Space for stamp |
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(5) |
Style of proceeding |
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Rule 21-2 — Time |
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(1) |
Computation of time |
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(2) |
Extending or shortening time |
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(3) |
Extending or shortening time respecting documents |
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(4) |
Notice of intention to proceed after delay of one year |
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(5) |
Want of prosecution |
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(6) |
Attendance |
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Rule 21-3 — Multiple Claims and Parties |
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(1) |
Multiple claims |
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(2) |
Multiple parties |
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(3) |
Joining persons jointly entitled to relief |
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(4) |
If persons are jointly liable |
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(5) |
Party need not be interested in all relief |
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(6) |
Separation |
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(7) |
Separating counterclaim |
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(8) |
Consolidation |
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(9) |
Misjoinder or nonjoinder of parties |
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Rule 21-4 — Change of Lawyer |
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(1) |
Change of lawyer |
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(2) |
Order that lawyer has ceased to act |
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(3) |
Order on application of lawyer |
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(4) |
Notice of intention to withdraw |
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(5) |
Filing of objection |
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(6) |
Procedure if no objection filed |
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(7) |
Service of notice of withdrawal |
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(8) |
Service of documents after withdrawal |
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(9) |
Procedure if objection filed |
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(10) |
Substituted service |
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(11) |
Service of copy of order |
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Rule 21-5 — If Parties Fail to Comply with These Rules |
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(1) |
If party does not comply with the rules |
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Rule 21-6 — If Parties Fail to Attend |
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(1) |
Failure of party to attend |
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(2) |
Failure of all parties to appear at trial |
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(3) |
Court may set aside judgment |
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Rule 21-7 — Contempt of Court |
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(1) |
Power of court to punish |
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(2) |
Corporation in contempt |
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(3) |
Security |
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(4) |
Certain acts as contempt |
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(5) |
If person may be guilty of contempt |
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(6) |
Power of court after apprehension |
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(7) |
If corporation may be guilty of contempt |
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(8) |
Power of court after apprehension |
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(9) |
Release of apprehended person |
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(10) |
Order for release |
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(11) |
Proceeding for contempt |
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(12) |
Affidavit |
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(13) |
Hearing |
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(14) |
Service of order not necessary |
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(15) |
Suspension of punishment |
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(16) |
Discharge of person |
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(17) |
Weekly review of person in custody |
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Part 22 — Court and Registry Matters |
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Rule 22-1 — Powers of Court |
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(1) |
Court may adjourn trial, hearing or conference |
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(2) |
Waiver or modification |
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(3) |
Attendance by telephone or other means |
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(4) |
Court may direct how attendance by telephone or other means is to be conducted
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(5) |
Court may refer calculation of child support |
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(6) |
Security for costs |
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(7) |
No stay on appeal |
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(8) |
Same judge or master |
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Rule 22-2 — Registry Operations |
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(1) |
Copy of document filed in registry |
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(2) |
When registry open |
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(3) |
Hours of registrar |
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(4) |
Lunch hours |
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(5) |
Use of seal |
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(6) |
Name of registry |
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(7) |
Signature of registrar |
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(8) |
Business not to be conducted out of office hours |
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(9) |
Request to registrar by requisition |
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(10) |
Incapacity of judge |
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(11) |
Powers of substituted judge |
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(12) |
Powers of presiding judge |
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(13) |
Transfers |
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Rule 22-3 — Fax Filing |
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(1) |
Application |
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(2) |
Document may be submitted for filing by fax |
| |
(3) |
Means of transmission |
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(4) |
Application of this rule |
| |
(5) |
When a document is filed |
| |
(6) |
Confirmation of filing |
| |
(7) |
Confirmation of filing |
| |
(8) |
Original of document may be required by court |
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Rule 22-4 — Electronic Filing |
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(1) |
Definitions |
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(2) |
This rule prevails in event of conflict |
| |
(3) |
Electronic services agreement |
| |
(4) |
Means of transmission |
| |
(5) |
Application of this rule |
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(6) |
Affidavits and other signed documents |
| |
(7) |
Retention of documents |
| |
(8) |
Conversion of documents |
| |
(9) |
Inspection of original documents |
| |
(10) |
Requisition |
| |
(11) |
Application of Rule 10-4 |
| |
(12) |
Electronic authentication deemed a signature |
| |
(13) |
Filing of documents |
| |
(14) |
Electronic acceptance |
| |
(15) |
Sealing of notice of family claim |
| |
(16) |
Public access to documents filed electronically |
| |
(17) |
Service of documents |
| |
(18) |
If document does not reach a person |
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Rule 22-5 — Money in Court |
| |
(1) |
Interpretation |
| |
(2) |
Deposit of funds |
| |
(3) |
Deposit of securities |
| |
(4) |
Transmission of securities |
| |
(5) |
Payment out of court |
| |
(6) |
Interest |
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(7) |
No other interest payable |
| |
(8) |
Calculation of interest |
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(9) |
Account |
| |
(10) |
Investments |
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(11) |
Direction for payment out |
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(12) |
Deposit of other money paid into court |
| |
(13) |
No interest on other funds |
| |
(14) |
Money for person under disability |
| |
(15) |
Payment out of money or security |
| |
(16) |
Payment in for infant |
| |
(17) |
Payment out of money held for infant |
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Rule 22-6 — Sittings and Hearings |
| |
(1) |
Under direction of Chief Justice |
| |
(2) |
Urgency |
| |
(3) |
Urgency or convenience |
| |
(4) |
Video conferencing |
| |
(5) |
Application must be made by requisition |
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Rule 22-7 — Masters, Registrars and Special Referees |
| |
(1) |
Powers of a master |
| |
(2) |
Master as registrar |
| |
(3) |
Powers of a master in estates |
| |
(4) |
Registrar's powers at registrar's hearing |
| |
(5) |
Registrar's directions at pre-hearing conference |
| |
(6) |
Reference by master to judge |
| |
(7) |
Reference by registrar to judge or master |
| |
(8) |
Appeal from master, registrar or special referee |
| |
(9) |
Form of appeal |
| |
(10) |
Notice |
| |
(11) |
Appeal not to act as stay |
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Rule 22-8 — Searches |
| |
(1) |
Search of files |
| |
(2) |
Electronic court docket information available |
| |
(3) |
Access to information |
| |
(4) |
Limitation |
| |
(5) |
Search of exhibits |
| |
(6) |
Search of agreements |
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Part 23 — Transition |
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Rule 23-1 — Transition |
| |
(1) |
Definitions |
| |
(2) |
These rules apply to transitional family law cases |
| |
(3) |
Pleadings deemed to be a notice of family claim |
| |
(4) |
Requisition deemed to be a notice of family claim |
| |
(5) |
Petition |
| |
(6) |
Appearance and statement of defence deemed to be a response to family claim
|
| |
(7) |
Appearance deemed to be a response to petition |
| |
(8) |
Counterclaim and third party notice deemed to be counterclaim
|
| |
(9) |
Response to counterclaim |
| |
(10) |
Unserved writ of summons |
| |
(11) |
Demand for amendment |
| |
(12) |
Party must amend |
| |
(13) |
Failure to amend |
| |
(14) |
No demand if final relief has been given |
| |
(15) |
Address for service |
| |
(16) |
Step in ongoing proceeding |
| |
(17) |
Trial management conference |
| |
(18) |
Court may decide |
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Appendix A – Forms |
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Appendix B — Costs |
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Appendix C — Fees |
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