British Columbia Supreme Court Rules Annotated provides you with valuable insights on how to navigate the Supreme Court Civil Rules. It includes the critical information that will help you apply the rules of civil procedure effectively:

• Full text of the B.C. Supreme Court Rules, Forms, and Appendices
• Expert commentary and case annotations for the B.C. Supreme Court Rules
• Table of Substantially Unchanged Rules summarizing the pre-2010 rules that remain substantially unchanged
• A Civil Rules Concordance that matches every previous 2009 rule with the closest new rule and identifies the relevant changes to each rule
• Up-to-date information reflecting all amendments to the Rules
• Supreme Court Family Rules, Forms, and Appendices
• Court of Appeal, Rules, Forms, and Appendices
• Other pertinent Acts, including Class Proceedings Act, Court Jurisdiction and Proceedings, Transfer Act, Court of Appeal Act, Court Order Interest Act, Evidence Act, and Interpretation Act

Electronically supplemented for all standing order subscribers on a monthly basis upon request, at no extra charge. British Columbia Civil Practice Advisor is designed to keep you current and up to date on all significant topics, decisions, and changes with monthly emails.

New in this edition

This edition is current to B.C. Gazette Vol 65:9 (May 10, 2022). All amendments to the rules including amendments to:

• Supreme Court Civil Rules - B.C. Reg. 8/2022
• Supreme Court Family Rules B.C. Reg. 321/2021

New Court of Appeal Act, S.B.C. 2021, c.6 and Court of Appeal Rules B.C. Reg. 120/2022 both of which came into force July 18, 2022.

Updates to Court of Appeal Practice Directives, and Supreme Court Administrative Notes and Practice Directions.

Annotations reflecting all recent developments. New annotations include:

• Rule 3-5(4) Third Party Claims - Kwikwetlem First Nation v. British Columbia, 2021 BCSC 436; affd 2021 BCCA 311, 2021 CarswellBC 2588 - The threshold to be met under Rule 35(4)(a) when seeking leave to commence third party proceedings is low
• Rule 5-3 Case Planning Conference Orders - Aura Ventures Corp. v. Vancouver (City), 2021 BCSC 1568, 2021 CarswellBC 2548 - A judge has discretion to determine sequencing under Rule 5-3. Hearing a summary trial before certification may further the fair and efficient determination of the matter.
• Rule 6-1 Amendment of Pleadings - Gadsby v. British Columbia (Attorney General), 2021 BCCA 161, 2021 CarswellBC 1189 - A party may have a right to amend pleadings prior to an order striking out the claim but if they have not done so, there is no right to amend once the claim itself has been struck out, unless leave is granted
• Rule 7-1(6) Discovery and Inspection of Documents Claim for privilege - Jiang v. Peoples Trust Company, 2021 BCSC 2193, 2021 CarswellBC 3526; leave to appeal refd, 2022 BCCA 40, 2022 CarswellBC 234 There is no rule about how much information must be included in the description of a document over which privilege is claimed. The information included must "be sufficiently described so that if the claim can be considered by a judge in chambers":
• Rule 9-1 Offers to Settle - Rab v. Prescott, 2021 BCSC 1206, 2021 CarswellBC 1970; varied on other grounds 2021 BCCA 345, 2021 CarswellBC 2977 - Costs should be a penalty for unreasonable litigation conduct, not a penalty for wrongly guessing the outcome of a proceeding.
• Rule 9-5(1)(a) Striking Pleadings Scandalous frivolous or vexatious matters - Aubichon v. British Columbia (Attorney General), 2021 BCSC 1183, 2021 CarswellBC 1951; affd 2022 BCCA 77, 2022 CarswellBC 445 - Limitation defences generally should not be the subject of Rule 95(1)(a) applications to strike, absent exceptional circumstances.
• Rule 22-1(4) Chambers Proceedings Evidence on an application - Cepuran v. Carlton, 2022 BCCA 76, 2022 CarswellBC 446 - Rule 22-1(4) applies to petitions. A judge hearing a petition proceeding that raises triable issues is not required to refer the matter to trial.
• Rule 22-1(4) Chambers Proceedings Evidence on an application - Stephens v. Altria Group, Inc., 2021 BCCA 396, 2021 CarswellBC 3299 - A case management judge has discretion to order cross-examination on affidavits.