Product details

Publisher: 
Carswell
Practice area: 
Civil procedure
Jurisdiction: 
British Columbia
Publication date: 
2021-08-17
ISBN: 
9781731908773
Carswell

British Columbia Annual Practice, 2022 Edition, Hardbound book

Availability:
Relied on by a generation of lawyers and judges, British Columbia Annual Practice provides comprehensive, accurate, and highly credible expert insight on the Supreme Court Civil Rules.
Main Volume
All needed practice tools are contained in one volume that includes:
  • The Supreme Court Civil Rules and Supreme Court Family Rules, fully annotated with thousands of authors' personally selected cases (both reported and unreported)
  • Court of Appeal Rules, Supreme Court Act and Court of Appeal Act also fully annotated with thousands of authors' personally selected cases (both reported and unreported)
Also includes:
  • Practice Directions/Directives and Notices to the Profession
  • An in-depth procedural guide explaining the procedures associated with the Civil Rules
  • Two way tables of concordance of the old and new Civil Rules and Family Rules
Forms and Small Claims Volume
The Forms and Small Claims Volume contains:
  • Forms that relate to Supreme Court Civil Rules, Supreme Court Family Rules Court of Appeal Rules, and Notice to Mediate Regulations
  • Small Claims Act, Small Claims Rules, and Practice Directions
  • The full text of 24 key statutes
The ProView eBook version is available through your web browser, or can be downloaded to your computer, tablet, or smartphone.
e-NOTES: Customers on standing order subscription are entitled to receive FREE regular email updates containing major legislative amendments and other pertinent information, upon request.
New in this edition:

Legislation has been updated to British Columbia Gazette Vol. Vol. 64:6 (March 23, 2021); Federal Gazette Vol. 155:12 (June 9, 2021)

B.C. Supreme Court Civil Rules B.C. Reg. 168/2009 is current to BC reg. 232/2020

Small Claims Rules, B.C. Reg. 261/93 is current to B.C. Reg. 126/2021

Proposed Court of Appeal Act (not in force at time of publication)

Updated Notices, Practice Directions and Practice Directives

Updated Procedural Guide

Case Law and Annotations have been updated with new ones being added and older ones either been updated or removed:
  • Civil Rule 3-8(3) Claim for specified or ascertainable amount - Tiamzon v. Vandt, 2020 BCCA 336 at para.17, 25 and 30 – The key requirement for a default judgment in a sum certain is that there be a claim for recovery of money in a specified or ascertainable amount. The amount must already be ascertained or capable of being ascertained as a mere matter of arithmetic.
  • Civil Rule 6-1 Amendment of Pleadings - Smithe Residences Ltd. v. 4 Corners Properties Ltd., 2020 BCCA 227– A person may be added as a party if two conditions are met: first, there may exist between the person and any party to the proceeding a question or issue relating to or connected with (i) any relief claimed in the proceeding or (ii) the subject matter of the proceeding; and , second, that in the opinion of the court, it would be just and convenient
  • Civil Rule 9-8(1) Discontinuance before Action Set for Trial - DLC Holdings Corp. v. Payne, 2021 BCCA 31 at paras. [26] – [33], [37] - Before a notice of trial is filed, the right of a plaintiff to discontinue the action its action is absolute. But the Court has inherent jurisdiction to set aside a notice of discontinuance if it is in the interest of justice.
  • Civil Rule 10-1(1) – Injunctions – General Principles - Bacon v. British Columbia (Minister of Finance), 2020 BCCA 218 - An injunction can be ordered in a petition proceeding pursuant to Rule 10-4 regardless of whether the matter has been referred to the trial list.
  • Civil Rule 22-8(4) Certain Acts as Contempt - Taherkhani v. Este, 2020 BCCA 226 - A breach of a solicitor’s undertaking does not ordinarily give rise directly to contempt of court proceedings. An undertaking to a court is different and can lead to contempt of court proceedings, even if the undertaking is not embodied in a court order. Contempt proceedings to enforce undertakings to the court should not be used where lesser, effective remedies are available.
Carswell

British Columbia Annual Practice, 2022 Edition, Hardbound book

Description

Relied on by a generation of lawyers and judges, British Columbia Annual Practice provides comprehensive, accurate, and highly credible expert insight on the Supreme Court Civil Rules.
Main Volume
All needed practice tools are contained in one volume that includes:
  • The Supreme Court Civil Rules and Supreme Court Family Rules, fully annotated with thousands of authors' personally selected cases (both reported and unreported)
  • Court of Appeal Rules, Supreme Court Act and Court of Appeal Act also fully annotated with thousands of authors' personally selected cases (both reported and unreported)
Also includes:
  • Practice Directions/Directives and Notices to the Profession
  • An in-depth procedural guide explaining the procedures associated with the Civil Rules
  • Two way tables of concordance of the old and new Civil Rules and Family Rules
Forms and Small Claims Volume
The Forms and Small Claims Volume contains:
  • Forms that relate to Supreme Court Civil Rules, Supreme Court Family Rules Court of Appeal Rules, and Notice to Mediate Regulations
  • Small Claims Act, Small Claims Rules, and Practice Directions
  • The full text of 24 key statutes
The ProView eBook version is available through your web browser, or can be downloaded to your computer, tablet, or smartphone.
e-NOTES: Customers on standing order subscription are entitled to receive FREE regular email updates containing major legislative amendments and other pertinent information, upon request.
New in this edition:

Legislation has been updated to British Columbia Gazette Vol. Vol. 64:6 (March 23, 2021); Federal Gazette Vol. 155:12 (June 9, 2021)

B.C. Supreme Court Civil Rules B.C. Reg. 168/2009 is current to BC reg. 232/2020

Small Claims Rules, B.C. Reg. 261/93 is current to B.C. Reg. 126/2021

Proposed Court of Appeal Act (not in force at time of publication)

Updated Notices, Practice Directions and Practice Directives

Updated Procedural Guide

Case Law and Annotations have been updated with new ones being added and older ones either been updated or removed:
  • Civil Rule 3-8(3) Claim for specified or ascertainable amount - Tiamzon v. Vandt, 2020 BCCA 336 at para.17, 25 and 30 – The key requirement for a default judgment in a sum certain is that there be a claim for recovery of money in a specified or ascertainable amount. The amount must already be ascertained or capable of being ascertained as a mere matter of arithmetic.
  • Civil Rule 6-1 Amendment of Pleadings - Smithe Residences Ltd. v. 4 Corners Properties Ltd., 2020 BCCA 227– A person may be added as a party if two conditions are met: first, there may exist between the person and any party to the proceeding a question or issue relating to or connected with (i) any relief claimed in the proceeding or (ii) the subject matter of the proceeding; and , second, that in the opinion of the court, it would be just and convenient
  • Civil Rule 9-8(1) Discontinuance before Action Set for Trial - DLC Holdings Corp. v. Payne, 2021 BCCA 31 at paras. [26] – [33], [37] - Before a notice of trial is filed, the right of a plaintiff to discontinue the action its action is absolute. But the Court has inherent jurisdiction to set aside a notice of discontinuance if it is in the interest of justice.
  • Civil Rule 10-1(1) – Injunctions – General Principles - Bacon v. British Columbia (Minister of Finance), 2020 BCCA 218 - An injunction can be ordered in a petition proceeding pursuant to Rule 10-4 regardless of whether the matter has been referred to the trial list.
  • Civil Rule 22-8(4) Certain Acts as Contempt - Taherkhani v. Este, 2020 BCCA 226 - A breach of a solicitor’s undertaking does not ordinarily give rise directly to contempt of court proceedings. An undertaking to a court is different and can lead to contempt of court proceedings, even if the undertaking is not embodied in a court order. Contempt proceedings to enforce undertakings to the court should not be used where lesser, effective remedies are available.