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
Digests prepared by OnPoint Legal Research
Electronically supplemented for all standing order subscribers on a monthly basis upon request, at no extra charge. British Columbia Civil Practice Advisor is derived from the decisions published in Carswell Practice Cases. It 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 May 18, 2021 (Gazette Vol. 64:10).
All amendments to the rules up to
- Supreme Court Civil Rules - B.C. Reg. 232/21
- Supreme Court Family Rules – B.C. Reg. 5/21;
Updates to Court of Appeal Practice Directives, and Supreme Court Administrative Notes and Practice Directions
Annotations reflecting all recent developments. Cases added to the annotations include:
- Rule 3-5(4) – Third Party Claims - National Home Warranty Group Inc. v. Red Rose Appliances & Plumbing Ltd., 2020 BCSC 281, 2020 CarswellBC 476 - The 42-day timeline for filing a third party notice begins on the date the defendant is served with the notice of civil claim. If default judgment is taken against a defendant, but later set aside, the time period does not start anew from the date the default judgment is set aside.
- Rule 7-7(1) – Admissions - Findlay v. George, 2021 BCCA 12, 2021 CarswellBC 47 - When a party relies on a Notice to Admit as proof of the truth of the contents of one or more documents, seeking to elevate those contents to the status of admitted facts (in whole or part), the contents should be stipulated as facts for the purpose of the admission. That an admission is made by way of a notice to admit is not determinative of admissibility. A trial judge is not bound to act on a formal admission if the evidence called at trial does not support the admission.
- Rule 9-7(5)(c) – Summary Trial - Nagy v. William L. Rutherford (B.C.) Limited, 2021 BCCA 62, 2021 CarswellBC 368 - The proper procedure for relying on evidence from an examination for discovery in the summary trial context is to file an affidavit that attaches the salient parts of the discovery transcript and sets out the questions and answers upon which the party relies. The court may choose to accept discovery evidence introduced in other manners.
- Rule 14-1(12) – Costs - Este v. Esteghamat-Ardakani, 2021 BCCA 78, 2021 CarswellBC 438; leave to appeal ref’d 2021 CarswellBC 947, 2021 CarswellBC 948 (SCC) - Following the successful appeal of an interlocutory order, it is open to the Court of Appeal to award costs of the application in the Supreme Court of British Columbia. However, the current costs regime in the Supreme Court of British Columbia, make that result less likely at this time.
- Rule 18-1 – Inquiries Assessments and Accounts - Mee Hoi Bros. Company Ltd. v. Borving Investments (Canada) Ltd., 2020 BCSC 1999, 2020 CarswellBC 3259 - A review under the Legal Profession Act can be used to assess costs payable pursuant to contract. This review requires consideration of the factors set out in the Legal Profession Act.
- Rule 22-1(7)(d) – Chambers Proceedings - Ghag v. Ghag, 2021 BCCA 106, 2021 CarswellBC 615 - The Saputo test for converting a petition into an action incorporates the test for summary judgment. Even applying the test from Saputo derived from the summary judgment context, mere evidentiary conflicts alone will not preclude a decision on a petition. An evidentiary conflict must relate to a material fact or raise a triable issue. The chambers judge is permitted to make inferences of fact that are strongly supported by the undisputed facts. Further, a self-serving affidavit is not sufficient in itself to create a triable issue in the absence of detailed facts and supporting evidence.
- Rule 22-7(1) - Effect of Non-Compliance - Ari v. Insurance Corporation of British Columbia, 2021 BCCA 180, 2021 CarswellBC 1340 - The modern approach to the rules of civil procedure should result in few steps being considered to be nullities. The clearest cases for nullities are steps that are not contemplated by the Rules, or litigation commenced by persons without authority or in courts without jurisdiction. A third party notice is not such a step, such that filing a third party notice without leave after the 42-day deadline has passed is an irregularity, not a nullity.