The Supreme Court Practice Directions and the Court of Appeal Practice Directives have been updated and are current to June 17, 2024.

The following case annotations reflect some recent developments:

Rule 1-2 - The court declined to provide guidance regarding a trial judge’s exercise of discretion. Ker v. Sidhu, 2023 BCCA 158, 2023 CarswellBC 980; leave to appeal refused 2024 CarswellBC 32 (S.C.C.)
Rule 1-3 - Proportionality also means that gamesmanship has no place in the conduct of litigation. MacLean Bros. Drywall Ltd. v. 1114136 B.C. Ltd., 2023 BCSC 2356, 2023 CarswellBC 3954
Rule 9-5(1) - Decisions to strike a claim under R. 9-5(1)(a) are a question of law reviewed on a correctness standard. Dempsey v. Pagefreezer Software Inc., 2023 BCCA 212, 2023 CarswellBC 1402, leave to appeal refused 2023 CarswellBC 3791, 2023 CarswellBC 3791 (S.C.C.)
Rule 9-7 - In appropriate circumstances, it is perfectly acceptable for a summary trial judge to make credibility findings on affidavit evidence alone. Amacon Alaska Development Partnership v. ARC Digital Canada Corp., 2023 BCCA 34, 2023 CarswellBC 126; leave to appeal refused 2023 CarswellBC 2614, 2023 CarswellBC 2614 (S.C.C.)
Rule 12-2 - A TMC is not the same as a case planning conference governed by Rule 5: Cheng v. Chan, 2023 BCCA 118, 2023 CarswellBC 602.
Rule 13-5(4) - It was common ground that a security for costs order would bring the appeal to an end. The judge said that it was not in the interests of justice to allow the appellant to “continue to gamble with the respondents' money”. Ashraf v. Jazz Aviation LP, 2023 BCCA 284, 2023 CarswellBC 1999; leave to appeal refused 2023 CarswellBC 3770, 2023 CarswellBC 3770 (S.C.C.)
Rule 22-7 - In Giacomini Consulting Canada Inc. v. The Owners, Strata Plan EPS 3173, 2023 BCCA 473, 2023 CarswellBC 3693, the Court of Appeal restated the test of applications for dismissal for want of prosecution.

Top Products

Recently published

Formats

Industry

Products

Top Legal Products

Top Tax Products

Solutions

Legal

Tax

Insights

British Columbia Supreme Court Rules Annotated 2025

British Columbia Supreme Court Rules Annotated 2025