天易网

 找回密码
 注册
查看: 2050|回复: 10

SMALL CLAIMS RULES 小额诉讼程序规则

[复制链接]
发表于 9/17/2017 23:58:29 | 显示全部楼层 |阅读模式
本帖最后由 郭国汀 于 8/16/2020 19:00 编辑

Court Rules Act and SmallClaims Act
SMALL CLAIMS RULES
[includesamendments up to B.C. Reg. 267/2018, January 1, 2019]
Introduction
  The purpose ofthese rules is to make it as easy as possible for people to use the court toresolve their disputes. If necessary, there will be a trial and a judge or ajustice of the peace will decide the claim. However, both sides are encouragedto try to come to an agreement. A settlement is always possible, even after ajudge or a justice of the peace has made a decision.
[am. B.C.Reg. 360/2007, s. 1.]
Definitions
  In these rules:
"civil resolutiontribunal" means the Civil Resolution Tribunal established underthe Civil Resolution Tribunal Act;
"claimant" meansthe person who is making the claim;
"court" meansthe Provincial Court of British Columbia;
"creditor" meansa person to whom, by order of the court, a debtor must pay money;
"debtor" meansa person who, by order of the court, must pay money to a creditor;
"defendant" meansthe person against whom the claim is made;
"tribunal smallclaim" means
(a)a tribunal small claim,as defined in the Civil Resolution Tribunal Act, and
(b)a claim purported to bea tribunal small claim, as defined in the Civil Resolution Tribunal Act.
[am. B.C.Reg. 120/2017, Sch. 2, s. 1.]
Rule 1 — Making a Claim
Completinga notice of claim
(1)To make a claim, other than a claim to whichRule 1.1 applies, a person must complete a notice of claim (Form 1) followingthe instructions on the form.
[am. B.C.Reg. 120/2017, Sch. 2, s. 2.]
Filing anotice of claim
(2)A claimant must file a notice of claim and pay the required fee atthe Small Claims Registry nearest to where
(a)the defendant lives orcarries on business, or
(b)the transaction or eventthat resulted in the claim took place.
If thedefendant is a company
(2.1)If the defendant is a company within themeaning of the Business Corporations Act, the claimant must filewith the notice of claim a printout of a search showing the most recent address of theregistered office of the company on file with the Registrar of Companies.
[en. B.C.Reg. 148/97, s. 1; am. B.C. Reg. 428/2004, s. 1.]
If thedefendant is a society
(2.2)If the defendant is a society within themeaning of the Societies Act, the claimant must file with the notice ofclaim a printout of a search showing the delivery address and mailing addressof the society's registered office on file with the Registrar of Companies.
[en. B.C.Reg. 212/2015, Sch. 3, s. 1.]
If aclaimant wants to claim against more than one defendant
(3)A claimant may name more than one defendantin a notice of claim, but only if the claim against each defendant is relatedto or connected with the original subject matter of the claim.
If theclaim is for more than $35 000
(4)A claimant who has a claim amounting to morethan $35 000, not including interest and expenses, may abandon part of theclaim so that the balance of the claim may be heard in the court.
[am. B.C.Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 3.]
Litigationguardian needs Public Guardian and Trustee's consent
(4.1)A person (litigation guardian) who makes aclaim for personal injury on behalf of someone who is under 19 years of age orunder another legal disability may abandon part of the claim under subrule (4),but only with the consent of the Public Guardian and Trustee.
[en. B.C.Reg. 148/97, s. 1; am. B.C. Reg. 172/2003, s. 1.]
Abandoningpart of a claim
(5)To abandon part of a claim, a claimant mustsay on the notice of claim that the amount over $35 000 is abandoned.
[am. B.C.Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 3.]
Theeffect of abandoning part of a claim
(6)Subject to subrule (7), a claimant whoabandons part of a claim may not at any time sue for that part, unless thewhole of the claim is withdrawn under Rule 4 (9) and then pursued inthe Supreme Court.
[am. B.C.Reg. 148/97, s. 1.]
Effect oftransfer on abandonment
(7)If a claim is transferred to the SupremeCourt under Rule 7.1, the claimant may sue for the whole amount to which theclaimant may be entitled whether or not part of the claim was abandoned in theProvincial Court.
[en. B.C.Reg. 148/97, s. 1.]
Rule 1.1 — Process for Makinga Claim if Proceedings Previously Initiated before Civil Resolution Tribunal
Definitions
(1)In this rule:
"filingparty" means the person who completes and files a notice of civil resolution tribunalclaim (Form34);
"initiatingnotice" has the same meaning as in the Civil Resolution Tribunal Act;
"initiatingparty" has the same meaning as in the Civil Resolution Tribunal Act;
"response" meansa response made under section 7 of the Civil Resolution Tribunal Act.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Application of this Rule
Claim towhich this rule applies
(2)This rule applies to a claim if one or moreof the following apply:
(a)the civil resolution tribunal hasmade a final decision in relation to the claim, and a party has filed a notice ofobjection under section 56.1 of the Civil Resolution Tribunal Act;
(b)after the civilresolution tribunal has given the initiating party an initiating notice inrelation to the claim, the civil resolution tribunal has refused to resolve the claim;
(c)the court orders thatthe civil resolution tribunal not adjudicate the claim.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Making a Claim
Completinga notice of civil resolution tribunal claim
(3)To make a claim in respect of which this ruleapplies, a person must complete a notice of civil resolution tribunal claim (Form 34) following theinstructions on the form.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Identificationof parties for notice of civil resolution tribunal claim
(4)For the purposes of the notice of civilresolution tribunal claim,
(a)a claimant is theinitiating party who made the initial request to the civil resolution tribunaland who was first given an initiating notice in relation to a claim in theproceeding before the civil resolution tribunal,
(b)a defendant is,in relation to the initiating notice referred to in paragraph (a), a person whowas required to make a response, and
(c)a third party is aperson, other than a claimant or defendant, who was required to make a responsein the proceeding before the civil resolution tribunal referred to in paragraph(a).
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Filing anotice of civil resolution tribunal claim
(5)A person must file a notice of civilresolution tribunal claim at the Small Claims Registry nearest to where
(a)the defendant lives or carrieson business, or
(b)the transaction or eventthat resulted in the claim took place.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
If thedefendant or third party is a company
(6)If the defendant or third party is a companywithin the meaning of the Business Corporations Act, the filing party must file withthe notice of civil resolution tribunal claim a printout of a search showingthe most recent address of the registered office of the company on file with the Registrarof Companies.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
If thedefendant or third party is a society
(7)If the defendant or third party is a societywithin the meaning of the Societies Act, the filing party must file with the notice ofcivil resolution tribunal claim a printout of a search showing the deliveryaddress and mailing address of the society's registered office on file with theRegistrar of Companies.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Documentsto be filed with the notice of civil resolution tribunal claim
(8)The filing party must file the following with the notice of civilresolution tribunal claim:
(a)the following documents in respect of all tribunalsmall claims that were to be resolved in a single proceeding before the civilresolution tribunal:
(i)all initiating notices received by the filingparty;
(ii)all responses received or made by thefiling party;
(b)one of the followingdocuments in respect of a tribunal small claim referred to in paragraph (a):
(i)a certificate providedby the civil resolution tribunal to the filing party under section 56.2 ofthe Civil Resolution Tribunal Act;
(ii)a notice provided by the civilresolution tribunal to the filing party to notify the filing party that thecivil resolution tribunal refuses to resolve the tribunal small claim;
(iii)a copy of the order,made under section 16.2 of the Civil Resolution Tribunal Act, that the civil resolutiontribunal not adjudicate the tribunal small claim.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 267/2018, s. 1.]
Claimcontinued
(9)A claim made by a claimant against a defendantand set out in an initiating notice filed under subrule (8) with a noticeof civil resolution tribunal claim is continued as a claim made under these rules against the defendant.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Serving a Notice of CivilResolution Tribunal Claim
What mustbe served on the other parties?
(10)The filing party must serve each of the otherparties named in the notice of civil resolution tribunal claim with thefollowing:
(a)the other party's copy of thenotice of civil resolution tribunal claim;
(b)a copy of the documents filedunder subrule (8) with the notice of civil resolution tribunal claim;
(c)a blank reply form (Form 2) for each claimmade against the other party for which the other party does not have a responsecontinued as a reply under this rule.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
How toserve an individual
(11)If any of the other parties referred to insubrule (10) is an individual, the documents referred to in subrule (10) (a) to(c) must be served on the individual by
(a)leaving a copy of thosedocuments with the individual, or
(b)mailing a copy of thosedocuments by registered mail to the individual.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
How toserve a company
(12)If any of the other parties referred to insubrule (10) is a company within the meaning of the Business Corporations Act,the documents referred to in subrule (10) (a) to (c) must be served,
(a)if the company has aregistered office,
(i)by delivering a copy ofthose documents to the delivery address shown for that registered office in theoffice of the Registrar of Companies, or
(ii)by mailing a copy of thosedocuments by registered mail to the mailing address shown for that registeredoffice in theoffice of the Registrar of Companies,
(b)if the company'sregistered office has been eliminated, in the manner ordered by the court, or
(c)in either case, byleaving a copy of those documents
(i)at the place of businessof the company, with a receptionist or a person who appears to manage or control the company's business there, or
(ii)with a director,officer, liquidator, trustee in bankruptcy or receiver manager of the company.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
How toserve an extraprovincial company
(13)If any of the other parties referred to insubrule (10) is an extraprovincial company within the meaning of the Business Corporations Act, the documents referred toin subrule (10) (a) to (c) must be served
(a)by delivering a copy ofthose documents to the delivery address shown for the head office of theextraprovincial company in the office of the Registrar of Companies if thathead office is in British Columbia,
(b)by mailing a copy ofthose documents by registered mail to the mailing address shown for the headoffice of the extraprovincial company in the office of the Registrar ofCompanies if that head office is in British Columbia,
(c)by mailing a copy ofthose documents by registered mail to the mailing address shown in the officeof the Registrar of Companies for any attorney appointed for theextraprovincial company under Division 2 of Part 11 of the Business Corporations Act,
(d)by leaving a copy ofthose documents with the attorney, or
(e)if no attorney has beenappointed, by following subrule (12) (c).
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
How toserve a partnership
(14)If any of the other parties referred to insubrule (10) is a partnership, the documents referred to in subrule (10) (a) to(c) must be served by mailing a copy of those documents by registered mail to apartner, or by leaving a copy of those documents
(a)with a partner,
(b)at a place of businessof the partnership, with a person who appears to manage or control the partnershipbusiness there, or
(c)with a receptionist whoworks at a place of business of the partnership.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Otherservice rules — see Rule 18
(15)Subject to subrule (16), the provisions inRule 18 apply if
(a)any other party referredto in subrule (10) of this rule is a municipality, a person under 19, asociety, an extraprovincial non-share corporation within the meaning of theSocieties Act, or an unincorporated association including a trade union,
(b)the filing party needs toserve the notice of civil resolution tribunal claim on a person outside BritishColumbia, or
(c)the filing party ishaving difficulty serving any other party.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Applicationof Rule 18 in relation to third parties
(16)For the purposes of applying Rule 18 to aclaim to which this rule applies,
(a)a reference in Rule 18to a "notice of claim" must be read as a reference to a "noticeof civil resolution tribunal claim",
(b)a reference in Rule 18(7) and (8) to a "claimant" must be read as a reference to a"filing party", and
(c)a notice of civilresolution tribunal claim may be served on a claimant or third party in thesame way as required for service of a notice of civil resolution tribunal claimon a defendant.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Timelimit for service
(17)If a notice of civil resolution tribunal claim has not been served within28 days after it was filed it expires, but the filing party may apply tohave it renewed (seeRule 16 (3)).
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Replying to a ClaimContinued under this Rule
Previous response continued as a reply
(18)A response made by a defendant is continued as a reply to a claim if
(a)the defendant made aresponse in respect of the claim when the claim was proceeding before the civilresolution tribunal as a tribunal small claim,
(b)the response is filedunder subrule (8) with a notice of civil resolution tribunal claim, and
(c)the claim is continuedunder subrule (9).
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Rule 3does not apply
(19)Rule 3 does not apply in relation to aresponse continued as a reply under subrule (18) of this rule.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
What area defendant's options?
(20)A defendant who receives a notice of civilresolution tribunal claim and who does not have a response continued as a replyunder subrule (18) may do any one or more of the following:
(a)pay the amount claimeddirectly to the claimant and ask the claimant to withdraw the claim (see Rule 8);
(b)admit all or partof the claim;
(c)admit all or part of theclaim and propose a payment schedule (see Rule 11 (4));
(d)oppose all orpart of the claim by listing reasons why the claim is opposed;
(e)with the permission ofa judge, make a counterclaim against the claimant (see subrule (26)).
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
How doesa defendant reply?
(21)To do anything set out in subrule (20) (b)to (e), a defendant must complete a reply (Form 2) following the instructionson the form.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Wheredoes a defendant file a reply?
(22)A defendant must file a reply at theregistry where the notice of civil resolution tribunal claim was filed and,except where the defendant has agreed to pay all of the claim, pay the requiredfee.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Timelimit for replying
(23)If a notice of civil resolution tribunalclaim is served on a defendant, the reply must be filed
(a)within 14 days afterservice if the defendant was served in British Columbia or within 30 days afterservice if the defendant was served outside British Columbia, and
(b)before the registrar hasmade a default order or set a date for a hearing.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
How areply is served
(24)Within 21 days after a reply is filed undersubrule (22), the registrar must serve a copy on each of the other parties.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
How anadmission is accepted
(25)If a defendant admits in a reply all or partof the claim, the claimant may accept the admission in full settlement of theclaim, interest and expenses by filing, before the settlement conference ortrial conference, a payment order in the same terms as the admission.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Making a Claim Against aClaimant
Restrictionson making a counterclaim if proceeding started by notice of civil resolutiontribunal claim
(26)Rule 4 does not apply to a defendant if the proceeding was startedby a notice of civil resolution tribunal claim, unless the defendant has thepermission of a judge to make a counterclaim (see Rule 16 (7)).
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Claimmade before civil resolution tribunal continued as a counterclaim
(27)A claim made by a defendant against aclaimant and set out in an initiating notice filed under subrule (8) with anotice of civil resolution tribunal claim is continued as a counterclaim madeunder these rules against the claimant.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Rule 4does not apply
(28)Rule 4 does not apply in relation to a claimcontinued as a counterclaim under subrule (27) of this rule.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Previous response continued as a reply
(29)A response made by a claimant is continued as a reply to a counterclaim if
(a)the claimant made a response in respect of a claim whenthe claim was proceeding before the civil resolution tribunal as a tribunalsmall claim,
(b)the response is filedunder subrule (8) with the notice of civil resolution tribunal claim, and
(c)the claim is continued as acounterclaim under subrule (27).
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Rule 3does not apply
(30)Rule 3 does not apply in relation to a response continued as a reply undersubrule (29) of this rule.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
What arethe claimant's options?
(31)If a counterclaim against a claimant is continued under subrule (27) and the claimant did not have a response continued as a reply under subrule (29), theclaimant may do one or more of the following:
(a)pay the amount of thecounterclaim directly to the defendant and ask the defendant to withdraw thecounterclaim;
(b)admit all or part of thecounterclaim;
(c)admit all or part of thecounterclaim and propose a payment schedule (see Rule 11 (4));
(d)oppose all or part of thecounterclaim by listing reasons why the counterclaim is opposed.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
How aclaimant replies
(32)To do anything set out in subrule (31) (b)to (d), a claimant must
(a)complete a reply (Form2) following the instructions on the form,
(b)file the reply,
(i)if the claimant is thefiling party, with the notice of civil resolution tribunal claim, or
(ii)if the claimant is notthe filing party and the notice of civil resolution tribunal claim is served onthe claimant,
(A)within 14 days afterservice if the claimant was served in British Columbia or within 30 days afterservice if the claimant was served outside British Columbia, and
(B)before the registrar hasmade a default order or set a date for a hearing, and
(c)pay the required feeunless the claimant has agreed to pay all of the counterclaim.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
How areply is served
(33)Within 21 days after a reply is filed undersubrule (32), the registrar must serve a copy on each of the other parties.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
How anadmission is accepted
(34)If a claimant admits in a reply all or partof a counterclaim, the defendant may accept the admission in full settlement ofthe counterclaim, interest and expenses by filing, before the settlement conferenceor trial conference, a payment order in the same terms as the admission.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Third Parties
Restrictionson making a third party claim if proceeding started by notice of civilresolution tribunal claim
(35)Rule 5 does not apply to a defendant if theproceeding was started by a notice of civil resolution tribunal claim, unlessthe defendant has the permission of a judge to make a claim against anotherperson (see Rule 16 (7)).
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Claimmade to civil resolution tribunal continued as a claim against third party
(36)If a defendant thought that a person who wasnot otherwise a party to the dispute before the civil resolution tribunal wasresponsible for the claim, the claim made by the defendant against the otherperson and set out in the initiating notice filed under subrule (8) with thenotice of civil resolution tribunal claim is continued as a claim made underthese rules against the other person as a third party.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Subrulesdo not apply
(37)Rule 5 (1) to (7) and (9) does not apply inrelation to a claim continued under subrule (36) of this rule.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Previous responsecontinued as a reply
(38)A response made by a third party iscontinued as a reply to a claim made against the third party if
(a)the third party made aresponse in respect of the claim when the claim was proceeding before the civilresolution tribunal as a tribunal small claim,
(b)the response is filedunder subrule (8) with a notice of civil resolution tribunal claim, and
(c)the claim is continuedunder subrule (36).
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
How athird party replies
(39)If a third party receives a notice of civilresolution tribunal claim, does not have a response continued as a reply undersubrule (38) and wishes to reply to the claim, the third party must followsubrules (20) to (23) to reply to the claim.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Deposits for ClaimsPreviously Adjudicated by Civil Resolution Tribunal
Applicationfor deposit by filing party
(40)If a filing party wishes to apply for anorder that a person make a deposit under section 56.3 of the Civil Resolution Tribunal Act, the filing party mustfile the application with the notice of civil resolution tribunal claim andserve a copy of the application with the notice of civil resolution tribunalclaim, unless the filing party has the permission of a judge to make theapplication on a later date (see Rule 16 (7)).
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Applicationfor deposit by party other than filing party
(41)If a party, other than the filing party,wishes to apply for an order that a person make a deposit under section 56.3 ofthe Civil Resolution Tribunal Act, the party must file theapplication within 14 days after service of the notice of civil resolutiontribunal claim if that party was served in British Columbia or within 30 daysafter service of the notice of civil resolution tribunal claim if that partywas served outside British Columbia, unless that party has the permission of ajudge to make the application on a later date.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
If a claimant does not make a deposit
(41.10)If a claimant has been ordered to make adeposit under section 56.3 of the Civil Resolution Tribunal Act and the claimant hasfailed to make the deposit as ordered, a judge may dismiss the claim under Rule16 (6) (n.2).
[en. B.C.Reg. 267/2018, s. 2.]
If a defendant does not make a deposit
(41.11)If a defendant has been ordered to make adeposit under section 56.3 of the Civil Resolution Tribunal Act and the defendant hasfailed to make the deposit as ordered, the claimant may ask the registrar for adefault order.
[en. B.C.Reg. 267/2018, s. 2.]
If a third party does not make a deposit
(41.12)If a defendant under a counterclaim orunder a third party notice or a third party has been ordered to make a depositunder section 56.3 of the Civil Resolution Tribunal Act and has failed tomake the deposit as ordered, no default order will be made except under Rule 16(6) (n.3).
[en. B.C.Reg. 267/2018, s. 2.]
How to ask for a default order
(41.20)To ask for a default order under subrule(41.11), a claimant must complete Form 5, following the instructions on theform, file it at the registry where the notice of civil resolution tribunalclaim was filed and pay the required fee.
[en. B.C.Reg. 267/2018, s. 2.]
If a claim is for a debt
(41.21)If a claim is for a debt and the claimantcompletes the steps in subrule (41.20), the registrar must make a default orderrequiring the defendant to pay immediately the amount claimed plus expensesunder Rule 20 (2) and any interest the claimant is entitled to.
[en. B.C.Reg. 267/2018, s. 2.]
If a claim is not for a debt
(41.22)If a claim is not for a debt and theclaimant completes the steps in subrule (41.20), the registrar must set adate for a hearing before a judge.
[en. B.C.Reg. 267/2018, s. 2.]
Purpose of hearing
(41.30)The purpose of a hearing set undersubrule (41.22) is to allow a judge to determine
(a)the amount the claimantis entitled to, if the claim is for money, and
(b)the terms of anappropriate order, in any other case.
[en. B.C.Reg. 267/2018, s. 2.]
Result of hearing
(41.31)After hearing the claimant, the judgemay,
(a)if the claim is formoney, make a default order that requires the defendant to pay immediately theamount determined by the judge plus expenses under Rule 20 (2) and any interestthe claimant is entitled to, and
(b)in any other case, makethe appropriate order.
[en. B.C.Reg. 267/2018, s. 2.]
If a claimant does not attend
(41.32)If a claimant does not attend at the timeset for a hearing under subrule (41.22), the judge may cancel the hearing, butthe claimant may ask the registrar to reschedule it.
[en. B.C.Reg. 267/2018, s. 2.]
How payment may be collected
(41.33)The creditor may collect payment under adefault order made under subrule (41.31) (a) by taking any of the steps listedin Rule 11 (11).
[en. B.C.Reg. 267/2018, s. 2.]
Material to be Filed beforeSettlement or Trial Conference
Filingparty must file a certificate of compliance
(42)A filing party must file at the registry acertificate of compliance (Form 37) within 6 months after the filing partyserved the notice of civil resolution tribunal claim on all other parties ifthere is at least one reply filed or continued in respect of the claim.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Whatcertificate of compliance must contain
(43)A certificate of compliance must contain oneof the following statements:
(a)a statement that noparty filed an application for deposit under subrule (40) or (41) within theperiod provided by the applicable subrule;
(b)a statement that anapplication for a deposit under section 56.3 of the Civil Resolution Tribunal Act was dismissed;
(c)a statement that anapplication for a deposit under section 56.3 of the Civil Resolution Tribunal Act was granted andeither
(i)the deposit has beenmade, or
(ii)if the court hasordered that the deposit be paid in instalments, all due instalments have beenpaid.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Attachmentsto be filed in personal injury cases
(44)In a claim by a filing party for damages forpersonal injuries, the certificate of compliance to be filed under subrule (42)must have attached copies of all
(a)medical reports, and
(b)records of expenses orlosses incurred or expected.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
If filingparty is not ready to file certificate of compliance
(45)A filing party who is not ready to file thecertificate of compliance and attachments within the 6 month period may applyto the registrar (see Rule 16 (3)) to extend the time, before or after the 6month period has expired.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Certificateof compliance must be served on other parties
(46)Within 14 days after filing a certificate ofcompliance, the filing party must serve a copy of the certificate andattachments on each of the other parties.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Registrarmust schedule settlement conference or trial conference
(47)The registrar must schedule a claim for asettlement conference or a trial conference (see Rule 7 (2) (c)) after acertificate of compliance is filed under subrule (42).
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Certificateto be filed in personal injury cases
(48)In a claim by a party, other than the filingparty, for damages for personal injuries, the party must file at the registry,within 6 months after the filing party served the notice of civil resolutiontribunal claim on that party, a certificate of readiness (Form 7) that hasattached copies of all
(a)medical reports, and
(b)records of expenses orlosses incurred or expected.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
If aparty is not ready to file certificate of readiness
(49)A party, other than the filing party, who isnot ready to file a certificate of readiness and attachments within the 6 monthperiod may apply to the registrar (see Rule 16 (3)) to extend the time, beforeor after the 6 month period has expired.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Certificateof readiness must be served on other parties
(50)Within 14 days after filing a certificate ofreadiness, the party must serve a copy of the certificate and attachments oneach of the other parties.
[en. B.C.Reg. 120/2017, Sch. 2, s. 4.]
Rule 2 — Serving a Noticeof Claim
Who mustbe served?
(1)The claimant must serve each defendant namedin the notice of claim with
(a)the defendant's copy ofthe notice, and
(b)a blank reply form (Form2).
How toserve an individual
(2)If the defendant is an individual, the noticeof claim must be served by
(a)leaving a copy of itwith the defendant, or
(b)mailing a copy of it byregistered mail to the defendant.
[am. B.C.Reg. 188/99, s. 1.]
How toserve a company
(3)If the defendant is a company within themeaning of the Business Corporations Act, the notice of claim mustbe served,
(a)if the company has aregistered office,
(i)by delivering a copy ofthe notice of claim to the delivery address shown for that registered office inthe office of the Registrar of Companies, or
(ii)by mailing a copy ofthe notice of claim by registered mail to the mailing address shown for thatregistered office in the office of the Registrar of Companies,
(b)if the company's registeredoffice has been eliminated, in the manner ordered by the court, or
(c)in either case, byleaving a copy of the notice of claim
(i)at the place of businessof the company, with a receptionist or a person who appears to manage orcontrol the company's business there, or
(ii)with a director,officer, liquidator, trustee in bankruptcy or receiver manager of the company.
[en. B.C.Reg. 428/2004, s. 2.]
How toserve an extraprovincial company
(4)If the defendant is an extraprovincialcompany within the meaning of the Business Corporations Act, the notice of claim mustbe served
(a)by delivering a copy ofit to the delivery address shown for the head office of the extraprovincialcompany in the office of the Registrar of Companies if that head office is inBritish Columbia,
(b)by mailing a copy of itby registered mail to the mailing address shown for the head office of theextraprovincial company in the office of the Registrar of Companies if thathead office is in British Columbia,
(c)by mailing a copy of itby registered mail to the mailing address shown in the office of the Registrarof Companies for any attorney appointed for the extraprovincial company underDivision 2 of Part 11 of the Business Corporations Act,
(d)by leaving a copy of itwith the attorney, or
(e)if no attorney has beenappointed, by following subrule (3) (c).
[en. B.C.Reg. 428/2004, s. 2.]
How toserve a partnership
(5)If the defendant is a partnership, the noticeof claim must be served by mailing a copy of it by registered mail to apartner, or by leaving a copy of it
(a)with a partner,
(b)at a place of businessof the partnership, with a person who appears to manage or control thepartnership business there, or
(c)with a receptionist whoworks at a place of business of the partnership.
[am. B.C.Reg. 188/99, s. 1.]
Otherservice rules — see Rule 18
(6)The provisions in Rule 18 apply if
(a)the defendant is amunicipality, a person under 19, a society, an extraprovincial non-sharecorporation within the meaning of the Societies Act or an unincorporated association includinga trade union,
(b)the claimant needs toserve the notice of claim on a person outside British Columbia, or
(c)the claimant is havingdifficulty serving the defendant.
[am. B.C.Regs. 188/99, s. 1; 212/2015, Sch. 3, s. 2.]
Timelimit for service
(7)If a notice of claim has not been servedwithin 12 months after it was filed it expires, but the claimant may apply tohave it renewed (see Rule 16 (3)).
Rule 3 — Replying to aClaim Made by a Notice of Claim
What area defendant's options?
(1)A defendant who receives a notice of claimmay do any one or more of the following:
(a)pay the amount claimeddirectly to the claimant and ask the claimant to withdraw the claim (seeRule 8);
(b)admit all or part of theclaim;
(c)admit all or part of theclaim and propose a payment schedule (see Rule 11 (4));
(d)oppose all or part ofthe claim by listing reasons why the claim is opposed;
(e)make a counterclaimagainst the claimant (see Rule 4).
[am. B.C.Reg. 148/97, s. 2.]
How doesa defendant reply?
(2)To do anything set out in subrule (1) (b) to(e), a defendant must complete a reply (Form 2) following the instructions onthe form.
Wheredoes a defendant file a reply?
(3)A defendant must file a reply at the registrywhere the notice of claim was filed and, except where the defendant has agreedto pay all of the claim, pay the required fee.
Timelimit for replying
(4)If a notice of claim is served on adefendant, the reply must be filed
(a)within 14 days afterservice if the defendant was served in British Columbia or within 30 daysafter service if the defendant was served outside British Columbia, and
(b)before the registrar hasmade a default order or set a date for a hearing.
How areply is served
(5)Within 21 days after a reply is filed, theregistrar must serve a copy on each of the other parties.
How anadmission is accepted
(6)If a defendant admits in a reply all or partof the claim, the claimant may accept the admission in full settlement of theclaim, interest and expenses by filing, before the settlement conference,mediation session or trial conference, a payment order in the same terms as theadmission.
[en. B.C.Reg. 148/97, s. 2; am. B.C. Reg. 360/2007, s. 2.]
Rule 4 — Making a ClaimAgainst a Claimant
Making a counterclaim
(1)Subject to Rule 1.1 (26), a defendant maymake a counterclaim against the claimant in the reply (Form 2) by
(a)following theinstructions on the form, and
(b)paying the required fee.
[en. B.C.Reg. 148/97, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 6.]
When acounterclaim is served
(2)A counterclaim is served on a claimant when acopy of the reply containing the counterclaim is served under Rule 3 (5).
What arethe claimant's options?
(3)A claimant who is served with a replycontaining a counterclaim may do one or more of the following:
(a)pay the amount of thecounterclaim directly to the defendant and ask the defendant to withdraw thecounterclaim;
(b)admit all or part of thecounterclaim;
(c)admit all or part of thecounterclaim and propose a payment schedule (see Rule 11 (4));
(d)oppose all or part ofthe counterclaim by listing reasons why the counterclaim is opposed.
[en. B.C.Reg. 148/97, s. 4.]
How aclaimant replies
(3.1)To do anything set out in subrule (3) (b)to (d), a claimant must
(a)complete a reply (Form2) following the instructions on the form,
(b)within 14 days afterbeing served with the counterclaim, file the reply in the registry where thenotice of claim or notice of civil resolution tribunal claim was filed, and
(c)pay the required feeunless the claimant has agreed to pay all of the counterclaim.
[en. B.C.Reg. 148/97, s. 4; am. B.C. Reg. 120/2017, Sch. 2, s. 7.]
How an admissionis accepted
(3.2)If a claimant admits in a reply all or partof a counterclaim, the defendant may accept the admission in full settlement ofthe counterclaim, interest and expenses by filing, before the settlementconference, mediation session or trial conference, a payment order in the sameterms as the admission.
[en. B.C.Reg. 148/97, s. 4; am. B.C. Reg. 360/2007, s. 2.]
If acounterclaim is for more than $35 000
(4)A defendant who has a counterclaim amountingto more than $35 000, not including interest and expenses, may
(a)abandon part of thecounterclaim so it may be heard in the court, or
(b)begin an action in theSupreme Court.
[am. B.C.Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 8.]
How toabandon part of a counterclaim
(5)To abandon part of a counterclaim, thedefendant must say on the counterclaim part of the reply that the amount over$35 000 is abandoned.
[am. B.C.Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 8.]
Theeffect of abandoning part of a counterclaim
(6)A defendant who abandons part of acounterclaim may not at any time sue for that part.
If adefendant begins a Supreme Court action
(7)A defendant who begins an action in theSupreme Court against a claimant may apply to a Provincial Court judge for anorder changing the date of the small claims trial (see Rule 16 (7)).
If thesmall claims trial is held first
(8)If the small claims trial is held and apayment order or other order is made against the defendant, the judge may orderthe claimant not to take any action to enforce the order
(a)until a date set by thejudge, or
(b)until a decision isgiven by the Supreme Court on the defendant's action,
whichever comes first.
If aclaimant has already abandoned part of a claim
(9)If a defendant begins an action in theSupreme Court against a claimant who has abandoned part of a claim underRule 1 (5), the claimant may withdraw the claim from the ProvincialCourt and
(a)begin an action in theSupreme Court and claim the higher amount, or
(b)participate in theaction begun by the defendant in the Supreme Court and claim the higher amount.
Rule 5 — Third Parties
If a defendantthinks someone else should pay the claim
(1)Subject to Rule 1.1 (35), if a defendant whohas filed a reply thinks another person should pay all or part of the claim, thedefendant may make a claim against the other person by
(a)completing a third partynotice (Form 3), following the instructions on the form if a settlementconference has not been held, or
(b)applying to a judge foran order permitting a claim to be made against the other person if a settlementconference, mediation session or trial conference has been held (see Rule 16(7)).
[am. B.C.Regs. 360/2007, s. 3 (a); 120/2017, Sch. 2, s. 9.]
Filing athird party notice
(2)The defendant must file a third party noticeat the registry where the notice of claim or the notice of civil resolutiontribunal claim was filed and pay the required fee.
[am. B.C.Regs. 146/98, s. 1; 120/2017, Sch. 2, s. 10.]
If thethird party is a company
(2.1)If the third party is a company within themeaning of the Business Corporations Act, the defendant must filewith the third party notice a printout of a search showing the mailing addressthat is shown for the company's registered office in the office of the Registrarof Companies.
[en. B.C.Reg. 428/2004, s. 3.]
If thethird party is a society
(2.2)If the third party is a society within themeaning of the Societies Act, the defendant must file with the third partynotice a printout of a search showing the delivery address and mailing addressof the society's registered office on file with the Registrar of Companies.
[en. B.C.Reg. 212/2015, Sch. 3, s. 3.]
Whatdocuments must be served on the third party?
(3)The defendant must serve the person named asthe third party with the following:
(a)a copy of the thirdparty notice;
(b)a blank reply form;
(c)a copy of the notice ofclaim or the notice of civil resolution tribunal claim;
(d)a copy of the reply tothe notice of claim or the notice of civil resolution tribunal claim;
(e)a copy of the notice ofsettlement conference, mediation session, trial conference or trial, if one hasbeen issued;
(f)a copy of the documentsreferred to in Rule 1.1 (8) (a) and (b), if a copy of the notice of civilresolution tribunal claim must be served on the person named as the thirdparty.
[am. B.C.Regs. 148/97, s. 5; 360/2007, s. 3 (b); 120/2017, Sch. 2, s. 11.]
How toserve the third party
(4)The defendant must serve the documentsreferred to in subrule (3) on the third party in the same way as requiredfor service of a notice of claim (see Rule 2).
Filing acertificate of service
(5)Within 30 days after filing a third partynotice, the defendant must file a certificate of service (Form 4) at theregistry to prove that the documents have been served as required, unless thethird party has filed a reply.
[am. B.C.Reg. 148/97, s. 5.]
If acertificate of service is not filed within 30 days
(5.1)If a certificate of service is not filed inaccordance with subrule (5), the third party notice expires but the defendantmay apply to have it renewed (see Rule 16 (3)).
[en. B.C.Reg. 148/97, s. 5.]
Notifyingthe other parties
(6)The registrar must serve a copy of the thirdparty notice on each of the other parties within 21 days after it is filed.
How athird party replies
(7)To reply to a third party notice, the personnamed as a third party must follow the rules for replying to a claim (seeRule 3).
What a judgemay do
(8)If a third party has been named, a judge maymake an order between any of the parties.
Anothersettlement conference must be held
(9)If a third party files a reply after asettlement conference or trial conference another settlement conference ortrial conference must be held, unless a judge orders otherwise.
[am. B.C.Reg. 360/2007, s. 3 (c).]
Rule 6 — If a Defendant Does Not Reply to a Claim
Aclaimant may ask for a default order
(1)If a defendant does not file a reply withinthe time limit (see Rule 3 (4) or 1.1 (23)), the claimant may ask the registrarfor a default order.
[am. B.C.Reg. 120/2017, Sch. 2, s. 12.]
Judge'spermission needed in certain cases
(2)No default order will be made on acounterclaim or third party notice, except underRule 16 (6) (c).
How toask for a default order
(3)To ask for a default order under subrule (1),a claimant must complete Form 5, following the instructions on the form, fileit at the registry where the notice of claim or the notice of civil resolutiontribunal claim was filed, together with a copy of the certificate of service(Form 4) for the notice of claim or the notice of civil resolution tribunalclaim, and pay the required fee.
[am. B.C.Regs. 148/97, s. 6; 146/98, s. 2; 120/2017, Sch. 2, s. 13.]
If aclaim is for a debt
(4)If a claim is for a debt and the claimantcompletes the steps in subrule (3), the registrar must make a defaultorder requiring the defendant to pay immediately the amount claimed plusexpenses under Rule 20 (2) and any interest the claimant is entitledto.
If aclaim is not for a debt
(5)If a claim is not for a debt and the claimantcompletes the steps in subrule (3), the registrar must set a date for ahearing before a judge.
If thereare other defendants
(6)If any other defendant has filed a reply anda date is set for a settlement conference, trial conference or trial of theclaim, the hearing must be held at that time, unless a judge orders otherwise.
[am. B.C.Reg. 360/2007, s. 4.]
No noticeof hearing
(7)A defendant who has not filed a reply is notentitled to receive notice of a hearing under this rule.
Adefendant loses the right to reply
(8)After a date is set for a hearing under thisrule, a defendant may not file a reply without the permission of a judge (seeRule 16 (7)).
Purposeof hearing
(9)The purpose of a hearing under this rule isto allow a judge to determine
(a)the amount the claimantis entitled to, if the claim is for money, and
(b)the terms of anappropriate order, in any other case.
Result ofhearing
(10)After hearing the claimant, the judge may,
(a)if the claim is formoney, make a default order that requires the defendant to pay immediately theamount determined by the judge plus expenses under Rule 20 (2) andany interest the claimant is entitled to, and
(b)in any other case, makethe appropriate order.
If aclaimant does not attend
(11)If a claimant does not attend at the timeset for a hearing under this rule, the judge may cancel the hearing, but theclaimant may ask the registrar to reschedule it.
Howpayment may be collected
(12)The creditor may collect payment under adefault order by taking any of the steps listed in Rule 11 (11).
Rule 7 — The SettlementConference
Settlementconference
(1)Before a trial date is set, a settlementconference will be held at the time and place set by the registrar.
Settlementconference not required
(2)Despite subrule (1), a settlement conferencewill not be held if
(a)Rule 9.1 or 9.2 appliesto the claim, unless an order is made under Rule 9.2 (13) (c) that the claim beset for a settlement conference under this rule,
(a.1)on or before April 30,2016, Rule 7.5 applied to the claim,
(b)the claim relates to amotor vehicle accident and only liability for property damage is disputed, or
(c)all of the followingapply in relation to the claim:
(i)the proceeding wasstarted by a notice of civil resolution tribunal claim;
(ii)the civil resolutiontribunal gave a final decision under section 46 (1) (a) of the Civil ResolutionTribunal Act in relation to the claim unless one of the parties did not make aresponse under section 7 of that Act;
(iii)a certificate referredto in Rule 1.1 (8) (b) (i) was filed with the notice of civil resolutiontribunal claim.
[en. B.C.Reg. 360/2007, s. 5; am. B.C. Regs. 244/2015, Sch. 2, s. 1 and Sch. 3, s. 1;120/2017, Sch. 2, s. 14.]
Somemotor vehicle accident cases proceed directly to trial
(2.1)If subrule (2) (b) applies to the claim,the registrar must set the claim for trial and send a notice of trial to theparties.
[en. B.C.Reg. 360/2007, s. 5.]
Somecases proceed directly to trial conference
(2.2)The registrar must set the claim for atrial conference if subrule (2) (c) applies to the claim.
[en. B.C.Reg. 120/2017, Sch. 2, s. 15.]
Notice ofsettlement conference
(3)The registrar must serve a notice ofsettlement conference (Form 6) on the parties at least 14 days beforethe date set for the settlement conference.
Who mustattend
(4)All parties must attend the settlementconference and have authority to settle the claim, and may be accompanied by alawyer or articled student, except the defendant need not attend if
(a)the claim results from amotor vehicle accident,
(b)the defendant isdisputing the amount of the claim but not liability, and
(c)a person appointed by theInsurance Corporation of British Columbia attends instead of the defendant.
What theparties must bring
(5)Each party to a claim must bring to thesettlement conference all relevant documents and reports.
[en. B.C.Reg. 148/97, s. 7.]
Expensesfor attending settlement conference unprepared
(6)If a settlement conference cannot beconducted properly because a party is not prepared for it, a judge may orderthat party to pay the reasonable expenses of the other party or parties.
How tochange a settlement conference date
(7)A party may change a settlement conferencedate by
(a)filing a consent tochange the date under Rule 16 (1), or
(b)applying for an orderchanging the date of the settlement conference at least 7 days before thedate set for the settlement conference, unless the registrar orders otherwise,and giving whatever notice to the other party that the registrar or judgerequires.
Notice ofchange of date
(8)If the date of the settlement conference ischanged, the registrar must notify the parties of the place and time of therescheduled conference.
Certificateto be filed in personal injury cases
(9)If a claim is for damages for personalinjuries and the proceeding was started by a notice of claim, the claimant mustfile at the registry, within 6 months after serving the notice of claim andbefore a settlement conference is held, a certificate of readiness (Form 7)that has attached copies of all
(a)medical reports, and
(b)records of expenses orlosses incurred or expected.
[am. B.C.Regs. 148/97, s. 7; 120/2017, Sch. 2, s. 16.]
If theclaimant is not ready to file certificate
(10)A claimant who is not ready to file thecertificate of readiness and attachments within the 6 month period mayapply to the registrar (see Rule 16 (3)) to extend the time, beforeor after the 6 month period has expired.
Certificatemust be served on other parties
(11)Within 14 days after filing a certificate ofreadiness, the claimant must serve a copy of the certificate and attachments oneach of the other parties.
Defendantmay request a medical report
(12)A defendant in a claim for damages forpersonal injuries may apply to a judge (see Rule 16 (7)) to order theclaimant to attend a medical doctor for an examination, to be paid for by thedefendant.
Report tobe given to claimant and brought to settlement conference
(13)After receiving the medical report from thedoctor, the defendant must
(a)serve a copy of it onthe claimant at least 7 days before the settlement conference, and
(b)bring a copy of it tothe settlement conference.
Whathappens at a settlement conference
(14)At a settlement conference, a judge may doone or more of the following:
(a)mediate any issues beingdisputed;
(b)decide on any issuesthat do not require evidence;
(c)make a payment order orother appropriate order in the terms agreed to by the parties;
(c.1)order that the claimbe set for a trial conference under Rule 7.5;
(d)set a trial date, if atrial is necessary;
(e)discuss any evidencethat will be required and the procedure that will be followed if a trial isnecessary;
(f)order a party to produceany information at the settlement conference or anything as evidence at trial;
(g)order a party to
(i)give another partycopies of documents and records by a set date, or
(ii)allow another party toinspect and copy documents and records by a set date;
(h)if damage to property isinvolved in the dispute, order a party to permit a person chosen by anotherparty to examine the property damage;
(i)dismiss a claim,counterclaim, reply or third party notice if, after discussion with the partiesand reviewing the filed documents, a judge determines that it
(i)is without reasonablegrounds,
(ii)discloses no triableissue, or
(iii)is frivolous or anabuse of the court's process;
(j)before dismissing aclaim, counterclaim, reply or third party notice, order a party to file anaffidavit setting out further information;
(k)Repealed. [B.C. Reg.148/97, s. 7 (e).]
(l)make any other order forthe just, speedy and inexpensive resolution of the claim.
[am. B.C.Regs. 148/97, s. 7; 244/2015, Sch. 2, s. 2; 120/2017, Sch. 2, s. 17.]
If aparty does not comply with a disclosure order
(15)If a party does not comply with an orderunder subrule (14) (f), (g), (h) or (j), a judge may at any timedo one or more of the following:
(a)adjourn a settlementconference or trial and order that party to pay all the reasonable expensesincurred by any other parties as a result of the adjournment;
(b)order a trial to proceedwithout permitting that party to produce as evidence any information, documentor records withheld as a result of the non-compliance;
(c)dismiss the claim,counterclaim, reply or third party notice.
[en. B.C.Reg. 148/97, s. 7.]
If apayment order is made
(16)If a payment order is made at a settlement conference,Rule 11 (Payment of the Judgment) applies as though the payment order wasmade following a trial.
If aparty does not attend
(17)A judge may dismiss the claim or make apayment order or other appropriate order against a party who does not attend asettlement conference.
Notice oftrial date
(18)If a trial date is set at a settlementconference and a party is absent, the registrar must serve a notice of thetrial date on that party unless the judge orders otherwise.
Place ofthe trial
(19)All further steps in the claim, includingthe trial, will take place where the settlement conference is held except
(a)if a judge ordersotherwise, or
(b)as provided in Rule 16(11) and Rule 17 (8).
If aparty does not comply with a settlement agreement
(20)If a settlement is recorded on the courtrecord as an agreement and not as a payment order and a party does not complywith the recorded terms of the agreement,
(a)the agreement iscancelled, and
(b)after filing anaffidavit of non-compliance, the claimant may file a payment order in theamount that a judge directed at the settlement conference or, if no directionwas made, in the amount of the claim.
[en. B.C.Reg. 148/97, s. 7.]
Rule 7.1 — Transfers andMultiple Claims
Transferof claim to Supreme Court
(1)If satisfied that the monetary outcome of aclaim (not including interest and expenses) may exceed $35 000, a judge musttransfer the claim to the Supreme Court
(a)on application at anytime, or
(b)on the judge's ownmotion at the settlement conference or trial.
[en. B.C.Reg. 148/97, s. 8; am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 18.]
Exception
(2)Despite subrule (1), a claim must not betransferred to the Supreme Court if the claimant chooses to abandon the amountover $35 000 so that the claim may be heard in the Provincial Court.
[en. B.C.Reg. 148/97, s. 8; am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 18.]
Personalinjury claims
(3)Before transferring a claim for personalinjury to the Supreme Court, a judge must consider any medical or other reportsfiled or brought to the settlement conference by the parties.
[en. B.C.Reg. 148/97, s. 8.]
Multipleclaims
(4)If more than one claimant has filed a noticeof claim or a notice of civil resolution tribunal claim against the samedefendant or defendants with respect to the same event, or if one claimant hasfiled notices of claim or notices of civil resolution tribunal claim againstmore than one defendant with respect to the same event, the judge may
(a)hear at one time evidencethat relates to all the claims,
(b)apply that evidence toall the claims, and
(c)make a decision in eachof the claims,
even though the total monetary outcome of allthe claims (not including interest and expenses) is likely to exceed $35 000.
[en. B.C.Reg. 148/97, s. 8; am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, ss. 18and 19.]
Rule 7.2
Repealed
(1)-(4.2)Repealed. [B.C. Reg. 267/2018. s. 3.]
Repealed
(5)-(21)Repealed. [B.C. Reg. 135/2015, Sch. 2,s. 1.]
Repealed
(22)-(37)Repealed. [B.C. Reg. 267/2018. s. 3.]
Rule 7.21 — TransitionalProvisions for Rules 7.2 and 7.4
Transitionalprovision for Rule 7.2
(1)Despite the repeal of Rule 7.2, Rules 7.2(27) to (29), (31) to (33) and (35) to (37) and 16 (6) (f.2) and (j), as theyread on December 31, 2018, continue to apply in relation to a mediation sessionto which Rule 7.2 applied.
[en. B.C.Reg. 267/2018, s. 4.]
Transitionalprovision for Rule 7.4
(2)Despite the repeal of Rule 7.4, Rules 7.4(36) to (39), (40) to (42) and (44) to (46) and 16 (6) (f.2) and (j), as theyread on December 31, 2018, continue to apply in relation to a mediation sessionto which Rule 7.4 applied.
[en. B.C.Reg. 267/2018, s. 4.]
Rule 7.3 — Mediation forClaims Between $10 000 and $35 000
Definitions
(1)In this rule:
"insurer" hasthe same meaning as in the Insurance Act, and includes the Insurance Corporation ofBritish Columbia;
"mediation" meansa collaborative process in which 2 or more parties meet and attempt, with theassistance of a mediator, to resolve issues in dispute between them;
"mediationsession" means a meeting between 2 or more parties during which theyare engaged in mediation for a period of
(a)2 hours,
(b)any shorter period thatthe mediator may direct, or
(c)any shorter or longerperiod on which the parties may agree;
"mediator" meansa neutral and impartial facilitator with no decision making power who assistsparties in negotiating a mutually acceptable settlement of issues in disputebetween them;
"motor vehicleaction" means a proceeding in which damages are claimed for injury ordeath, or loss of or damage to property, that arises out of the use oroperation of a motor vehicle or trailer as those terms are defined in the Motor Vehicle Act;
"party", inrelation to a proceeding, includes an insurer of a claimant, defendant or thirdparty if that insurer has a duty to do one or both of the following in relationto the claimant, defendant or third party:
(a)indemnify that party forliability arising out of a claim in the proceeding;
(b)defend any claims madeagainst that party in the proceeding;
"rosterorganization" means any body designated by the Attorney General toselect mediators for the purposes of this rule;
"thirdparty" means a person who is named as a third party under Rule 5, butdoes not include an insurer who has been made a third party under section 76 ofthe Insurance (Vehicle) Act;
"third partyinsurer" means, in relation to a designated action, an insurer thathas been made a third party in an action under section 76 of the Insurance (Vehicle) Act.
[en. B.C.Reg. 251/2005, s. 3; am. B.C. Regs. 286/2005, s. 2 (a); 145/2007.]
General Information
Proceedingsto which this rule applies
(2)Subject to subrule (3), a party to aproceeding may initiate mediation in that proceeding under subrule (5) if
(a)the notice of claim thatstarted the proceeding was filed after August 31, 2005, and
(b)a claim in theproceeding amounts to more than $10 000 and not more than $35 000, withouttaking into account interest or claim-related expenses.
[en. B.C.Reg. 251/2005, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 21.]
Claims towhich this rule does not apply
(3)A party to a proceeding may not initiatemediation in that proceeding under subrule (5) if
(a)the proceeding involvesa party who has obtained one of the following against another party:
(i)a protection order undersection 183 of the Family Law Act;
(ii)a peace bond under section810 of the CriminalCode,
(a.1)Rule 9.2 applies to aclaim in the proceeding, or
(b)the claimant, defendantand cause of action in the proceeding are the same as the plaintiff, defendantand cause of action in an action brought in the Supreme Court.
[en. B.C.Reg. 251/2005, s. 3; am. B.C. Regs. 360/2007, s. 6 (a); 358/2012, s. 1;267/2018, s. 5.]
When thisrule ceases to apply
(4)This rule ceases to apply to a proceeding ifthe proceeding is transferred to the Supreme Court under Rule 7.1.
[en. B.C.Reg. 251/2005, s. 3.]
How Mediation is Begun
Initiatingmediation
(5)Subject to subrule (7), any party to aproceeding may initiate mediation by
(a)filing a Notice toMediate for Claims Between $10 000 and $35 000 (Form 29), and
(b)delivering a copy ofthat filed notice to every other party named on a notice of claim, reply orthird party notice that has been filed in the proceeding.
[en. B.C.Reg. 251/2005, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 21.]
When Noticeto Mediate for Claims Between $10 000 and $35 000 must be delivered
(6)Unless the court orders otherwise, a Noticeto Mediate for Claims Between $10 000 and $35 000 must not be filed anddelivered under subrule (5) until a reply has been filed in the proceeding.
[en. B.C.Reg. 251/2005, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 21.]
Not morethan one mediation under this rule in any proceeding
(7)Unless the court otherwise orders, not morethan one mediation may be initiated under this rule in relation to anyproceeding.
[en. B.C.Reg. 251/2005, s. 3.]
Rule doesnot apply unless mediation is initiated under subrules (5) and (6)
(8)Subrules (9) to (53) do not apply to aproceeding unless mediation is initiated in that proceeding under subrule (5).
[en. B.C.Reg. 251/2005, s. 3.]
Appointing the Mediator
Appointmentof mediator
(9)The parties must jointly appoint a mutuallyacceptable mediator within 14 days after the Notice to Mediate for ClaimsBetween $10 000 and $35 000 has been delivered to all parties.
[en. B.C.Reg. 251/2005, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 21.]
Applicationto roster organization
(10)If the parties do not jointly appoint amutually acceptable mediator within the time required by subrule (9), any partymay apply to a roster organization for an appointment of a mediator.
[en. B.C.Reg. 251/2005, s. 3; am. B.C. Reg. 271/2010, s. 2 (a).]
Rosterorganization's appointment procedure
(11)If an application to a roster organizationis made under subrule (10), the roster organization must select a mediatorafter taking into account
(a)the need for themediator to be neutral and independent,
(b)the qualifications ofthe mediator,
(c)the mediator's fees,
(d)the mediator'savailability,
(e)the nature of thedispute, and
(f)any other considerationlikely to result in the selection of an impartial, competent and effectivemediator.
[en. B.C.Reg. 251/2005, s. 3; am. B.C. Reg. 271/2010, s. 2 (b).]
Notificationof selection of mediator
(12)Promptly after selecting a mediator under subrule(11), the roster organization must notify the parties in writing of thatselection.
[en. B.C.Reg. 251/2005, s. 3; am. B.C. Reg. 271/2010, s. 2 (a).]
Deemeddate of appointment of mediator
(13)The mediator selected under subrule (11) isdeemed to be appointed by the parties on the date that notice of that selectionis sent under subrule (12).
[en. B.C.Reg. 251/2005, s. 3.]
Replacementof appointed mediator
(14)If the mediator selected by the rosterorganization under subrule (11) is unable or unwilling to act as mediator,
(a)the selected mediator orany party may notify the roster organization of that inability orunwillingness, and
(b)the roster organizationmust, within 7 days after receiving that notice, select a new mediator inaccordance with subrule (11).
[en. B.C.Reg. 251/2005, s. 3; am. B.C. Reg. 271/2010, s. 2 (a).]
Mediator'srole
(15)The mediator may conduct the mediationsession at the location and in any manner he or she considers appropriate toassist the parties to reach a resolution that is fair, timely andcost-effective.
[en. B.C.Reg. 251/2005, s. 3.]
Mediation Sessions
Schedulingof mediation session
(16)A mediation session must occur within 60days after the appointment of the mediator, and at least 7 days before thedate set under Rule 7 for the settlement conference unless a laterspecified date
(a)is agreed on by allparties and that agreement is confirmed by the mediator in writing, or
(b)is ordered by the court.
[en. B.C.Reg. 251/2005, s. 3.]
Attendingthe mediation session
(17)In the case of a claim that is not a motorvehicle action,
(a)the party who delivers aNotice to Mediate for Claims Between $10 000 and $35 000 under subrule (5) andeach of the following parties must attend the mediation session unless exemptedfrom attending under subrule (29):
(i)the claimant;
(ii)the defendant;
(iii)the third party, and
(b)each insurer of aclaimant, defendant or third party may attend the mediation session.
[en. B.C.Reg. 286/2005, s. 2 (b); am. B.C. Reg. 120/2017, Sch. 2, s. 21.]
Attendingthe mediation session in a motor vehicle action
(18)In the case of a motor vehicle action, theparty who delivers a Notice to Mediate for Claims Between $10 000 and $35 000under subrule (5) and each of the following parties must attend the mediationsession unless exempted from attending under subrule (29):
(a)the claimant;
(b)the insurer of thedefendant or, if the defendant is not insured, the defendant;
(c)the insurer of the thirdparty or, if the third party is not insured, the third party;
(d)each third party insurerto the action.
[en. B.C.Reg. 251/2005, s. 3; am. B.C. Regs. 286/2005, s. 2 (c); 120/2017, Sch. 2, s.21.]
Requirementson parties who attend mediation
(19)Each person who attends a mediation sessionmust
(a)have authority to settle,and
(b)bring to the mediationsession all documents and reports that are relevant to the dispute.
[en. B.C.Reg. 251/2005, s. 3.]
Representativemay attend for any party who is not an individual
(20)A party may attend a mediation session byrepresentative if the party is not an individual.
[en. B.C.Reg. 251/2005, s. 3.]
Authorityof representative
(21)A representative who attends a mediationsession under subrule (20) in the place of a party must
(a)be familiar with allfacts relevant to the dispute, and
(b)have full authority tosettle, or have access at the earliest practicable opportunity to a person whohas, or to a group of persons who collectively have, full authority to settle,on behalf of the party.
[en. B.C.Reg. 251/2005, s. 3.]
Party orrepresentative may be accompanied by a lawyer
(22)A person or representative who attends amediation session may be accompanied by a lawyer or articled student.
[en. B.C.Reg. 251/2005, s. 3.]
Otherpersons may attend with consent
(23)Any other person may attend a mediationsession if that attendance is permitted by the mediator and consented to by theparties.
[en. B.C.Reg. 251/2005, s. 3.]
Mediationby telephone
(24)One or more of the persons who are requiredor permitted to attend a mediation session under subrule (17), (18) or(23) may attend the mediation session by telephone if
(a)all of the other personsattending the mediation session consent, or
(b)subject to subrule (26),the registrar authorizes that attendance under subrule (25).
[en. B.C.Reg. 251/2005, s. 3.]
Applicationfor mediation by telephone
(25)The registrar may authorize one or more ofthe persons who are required or permitted to attend a mediation session undersubrule (17), (18) or (23) to attend the mediation session by telephone ifan application for that authorization is made to the registrar underRule 16 (3) at least 7 days before the date set for themediation session and if
(a)the person does notreside or carry on business within a reasonable distance from the locationwhere the mediation session is to be conducted, or
(b)exceptionalcircumstances exist.
[en. B.C.Reg. 251/2005, s. 3.]
Lateapplication for mediation by telephone
(26)If an application for an authorization undersubrule (25) is made to the registrar under Rule 16 (3) within7 days before the date set for the mediation session, the registrar maymake that authorization if
(a)the person in relationto whom the authorization is given does not reside or carry on business withina reasonable distance from the location where the mediation session is to beconducted and it was not reasonably practicable for that person to bring anapplication under subrule (25) at least 7 days before the date set for themediation session, or
(b)exceptionalcircumstances exist.
[en. B.C.Reg. 251/2005, s. 3.]
Ifapplication is granted
(27)If an application under subrule (25) or (26)is granted, the registrar
(a)may order that thepersons who are required or permitted to attend the mediation session under subrule (17),(18) or (23) send to the mediator, before the mediation session, all documentsand reports that are relevant to the dispute, and
(b)may order that thetelephone call be made at the expense of the person requesting mediation bytelephone.
[en. B.C.Reg. 251/2005, s. 3.]
How toapply for exemption
(28)At least 14 days before the date set for themediation session, a party may apply to a judge under Rule 16 (7) toexempt a claim from the application of this rule.
[en. B.C.Reg. 251/2005, s. 3.]
When ajudge may grant an exemption
(29)On an application under subrule (28), ajudge may
(a)exempt a claim from theapplication of this rule if
(i)all of the parties havepreviously engaged in a mediation of the matters in issue, or
(ii)it is unfair or impracticalto require mediation, or
(b)exempt one or more ofthe parties from attending the mediation session if, in the judge's opinion, itis unfair or impractical to require the party to attend.
[en. B.C.Reg. 251/2005, s. 3.]
Adjourninga mediation session
(30)At least 7 days before the date set for themediation session, a party may apply to the registrar to adjourn the mediationsession and that party must give to the other parties whatever notice of theapplication the registrar may order.
[en. B.C.Reg. 251/2005, s. 3.]
Date maybe changed to avoid hardship
(31)The registrar may adjourn a mediationsession under subrule (30) if the party applying for that adjournmentsatisfies the registrar that the original date is unreasonably inconvenient tothe party, and, without limiting this, the registrar may determine that a dateis unreasonably inconvenient to a party if
(a)a family emergencyrenders the party unable to attend on the day set for the mediation session, or
(b)the party is required toattend court on the day set for the mediation session.
[en. B.C.Reg. 251/2005, s. 3.]
Notice ofchange of date
(32)If the registrar adjourns a mediationsession under subrule (31),
(a)the party who appliedfor the adjournment must give to the other parties whatever notice of theadjournment the registrar may order, and
(b)the parties must jointlyset a new date, satisfactory to the mediator, for the mediation session.
[en. B.C.Reg. 251/2005, s. 3.]
Costs of Mediation
Feedeclaration
(33)The parties who attend the mediation sessionmust complete and sign a fee declaration (Form 30) before, or at thebeginning of, the mediation session.
[en. B.C.Reg. 251/2005, s. 3.]
Corporationmay sign by representative
(34)For the purposes of subrule (33), a partythat is a corporation may sign the fee declaration by its representative.
[en. B.C.Reg. 251/2005, s. 3.]
Form offee declaration
(35)A fee declaration under subrule (33) must
(a)disclose the cost of themediation services, and
(b)contain a declaration bythe parties signing the fee declaration that the costs of the mediation will bepaid
(i)equally by all of thefollowing who attend the mediation session or their insurers:
(A)each claimant;
(B)each defendant;
(C)each third party, or
(ii)on any other basis thathas been agreed to by those parties and is specified in the fee declaration.
[en. B.C.Reg. 251/2005, s. 3.]
Costs maybe paid on a different basis
(36)The cost of the mediation must be paid onthe basis set out
(a)in the fee declaration,or
(b)if the parties whosigned the fee declaration agree to a different basis for sharing that cost andthat basis is included in the mediation agreement referred to insubrule (48) (b), on the basis included in the mediation agreement.
[en. B.C.Reg. 251/2005, s. 3.]
Default
If aparty does not attend
(37)If a party who is required to attend amediation session does not attend the mediation session or does not sign a feedeclaration before, or at the beginning of, the mediation session,
(a)the mediator must
(i)complete a verificationof default (Form 31) in accordance with the instructions on the form, and
(ii)give the completed formto the parties attending, and
(b)any one of the partiesattending the mediation session may file the completed verification of defaultat the registry.
[en. B.C.Reg. 251/2005, s. 3; am. B.C. Reg. 286/2005, s. 2 (d).]
What theregistrar will do if a claimant does not attend
(38)If a verification of default is filed inrelation to a claimant in a proceeding,
(a)the defendant in theproceeding may, by filing a request for judgment or for dismissal (Form 23) andpaying the required fee, ask the registrar to make an order dismissing theclaimant's claim, and
(b)the registrar may makean order dismissing the claimant's claim.
[en. B.C.Reg. 251/2005, s. 3.]
If adefendant or insurer does not attend
(39)A verification of default may be filed inrelation to a defendant, including, without limitation, a defendant to acounterclaim and a defendant to a third party notice, in the followingcircumstances:
(a)in the case of a motorvehicle action in relation to which the defendant is insured, a verification ofdefault may be filed in relation to the defendant if the insurer of thedefendant did not
(i)attend the mediationsession, or
(ii)sign the feedeclaration before, or at the beginning of, the mediation session;
(b)in the case of a motorvehicle action in relation to which the defendant is not insured, averification of default may be filed in relation to the defendant if the defendantdid not
(i)attend the mediationsession, or
(ii)sign the feedeclaration before, or at the beginning of, the mediation session;
(c)in the case of a motorvehicle action in relation to which there is a third party insurer, averification of default may be filed in relation to the defendant if the thirdparty insurer did not
(i)attend the mediationsession, or
(ii)sign the feedeclaration before, or at the beginning of, the mediation session;
(d)in any other case, averification of default may be filed in relation to the defendant if thedefendant did not
(i)attend the mediation session,or
(ii)sign the feedeclaration before, or at the beginning of, the mediation session.
[en. B.C.Reg. 286/2005, s. 2 (e).]
Applicationfor default order
(40)The following apply if a verification ofdefault is filed under subrule (39):
(a)if the verification ofdefault is filed in relation to a defendant who is named as a defendant on thenotice of claim,
(i)the claimant may, byfiling a request for judgment or for dismissal and paying the required fee, askthe registrar to proceed under these rules as if the defendant had not filed areply and the claimant had completed the steps in Rule 6 (3), and
(ii)the registrar musteither make a default order under Rule 6 (4) or set a date underRule 6 (5) for a hearing before a judge;
(b)if the verification ofdefault is filed in relation to a defendant to a counterclaim or a defendant toa third party notice, the party bringing the counterclaim or third party noticemay apply under Rule 16 (7) for a default order underRule 16 (6) (c).
[en. B.C.Reg. 286/2005, s. 2 (e).]
If noparty attends
(41)If no party attends a mediation session,
(a)the mediator mustcomplete a verification of default in accordance with the instructions on theform, and file the completed form at the registry, and
(b)the registrar must makean order dismissing each disputed claim.
[en. B.C.Reg. 251/2005, s. 3; am. B.C. Reg. 286/2005, s. 2 (f).]
Cancellationof a dismissal or default order
(42)A party against whom an order is made undersubrule (38) (b), (39) (b) or (41) (b) for not attending amediation session or for not signing a fee declaration before, or at thebeginning of, the mediation session may apply under Rule 16 (7) to ajudge to cancel the order, and the judge may cancel the order underRule 16 (6) (j).
[en. B.C.Reg. 251/2005, s. 3.]
Whatapplication must contain
(43)A party seeking an order under subrule (42)must attach to the application an affidavit containing the following:
(a)the reason for notattending the mediation session or for failing to sign the fee declaration;
(b)the reason for anydelay, if there has been delay in filing the application;
(c)the facts that supportthe claim or defence.
[en. B.C.Reg. 251/2005, s. 3.]
If ajudge cancels a dismissal or default order
(44)A judge who cancels a dismissal order ordefault order made under this rule may also do one or more of the following:
(a)order that the disputedclaims proceed to mediation on any terms the judge considers appropriate;
(b)order the payment of anyexpenses incurred by the party or parties who did attend;
(c)order that a settlementconference or trial be held;
(d)make any other orderthat the judge considers appropriate in the circumstances.
[en. B.C.Reg. 251/2005, s. 3.]
Confidentiality ofMediation Information
Disclosureand compellability
(45)Subject to subrules (46) and (47), a personmust not disclose, or be compelled to disclose, in any proceeding oral orwritten information acquired in or in connection with a mediation session.
[en. B.C.Reg. 251/2005, s. 3.]
Exceptions
(46)Subrule (45) does not apply
(a)in respect of anyinformation, opinion, document, offer or admission that all of the partiesagree in writing may be disclosed,
(b)to any mediationagreement or fee declaration made during or in connection with a mediationsession,
(c)to any threats of bodilyharm made during or in connection with a mediation session, or
(d)to any information thatdoes not identify the parties and that is disclosed for research or statisticalpurposes only.
[en. B.C.Reg. 251/2005, s. 3.]
Norestriction on otherwise producible information
(47)Nothing in this rule precludes a party fromintroducing into evidence in any proceeding any information or records producedin the course of the mediation that are otherwise producible or compellable inthose proceedings.
[en. B.C.Reg. 251/2005, s. 3.]
Concluding Mediation
If theparties reach agreement on all or some issues
(48)If the parties reach an agreement at mediationon all or some issues,
(a)the mediator mustcomplete a result of mediation form (Form 24) and file the completed form atthe registry, and
(b)the parties mustcomplete and sign a mediation agreement (Form 25) and any one of those partiesmay file the agreement at the registry.
[en. B.C.Reg. 251/2005, s. 3.]
Ifpayment terms are not complied with
(49)If a party fails to comply with a provisionof a filed mediation agreement, the party not in default may, if that provisionrequired a payment of money,
(a)file an affidavit ofnon-compliance at the registry, and
(b)after that, file apayment order at the registry for
(i)the amount specified inthe mediation agreement less any amount already paid in compliance with themediation agreement, or
(ii)if no amount wasspecified in the mediation agreement, for the amount of the claim less anyamount already paid in compliance with the mediation agreement.
[en. B.C.Reg. 251/2005, s. 3.]
If otherterms are not complied with
(50)If a party fails to comply with a provisionof a filed mediation agreement and that provision was not one requiring apayment of money, the party not in default may
(a)if the mediationagreement establishes an amount of liquidated damages that is to be payable inthe event of such a default, file at the registry an affidavit ofnon-compliance and a payment order for that amount, or
(b)if the mediationagreement does not establish a liquidated damages amount in relation to thebreached provision, seek a mediation compensation order (Form 26) underRule 16 (6) (f.2).
[en. B.C.Reg. 251/2005, s. 3.]
Mediationcompensation order
(51)A judge may make a mediation compensationorder under subrule (50) (b) if a party applies for that order (seeRule 16 (7)) and attaches to the application an affidavit ofnon-compliance.
[en. B.C.Reg. 251/2005, s. 3.]
If adispute is not resolved
(52)If the parties do not reach agreement atmediation on all the issues,
(a)the mediator mustcomplete a result of mediation form and file the completed form at the registry,and
(b)after that, theregistrar must set one of the following:
(i)subject to subparagraph(iii), a settlement conference, if a settlement conference has not beencompleted;
(ii)a trial, if asettlement conference has been completed;
(iii)a trial conference, ifthe completed result of mediation form is filed at the Robson Square SmallClaims Registry after November 25, 2007.
[en. B.C.Reg. 251/2005, s. 3; am. B.C. Reg. 360/2007, s. 6 (b).]
Concludinga mediation
(53)A mediation is concluded when
(a)all issues are resolved,or
(b)the mediator terminatesthe mediation.
[en. B.C.Reg. 251/2005, s. 3.]
Rule 7.4
Repealed
(1)-(4)Repealed. [B.C. Reg. 267/2018, s. 6.]
Repealed
(5)-(7)Repealed. [B.C. Reg. 244/2015, Sch. 3, s.3.]
Repealed
(8)Repealed. [B.C. Reg. 267/2018, s. 6.]
Repealed
(9)-(30)Repealed. [B.C. Reg. 244/2015, Sch. 3,s. 6.]
Repealed
(31)-(46)Repealed. [B.C. Reg. 267/2018, s. 6.]
Rule 7.5 — TrialConferences
Claims towhich this rule applies
(1)This rule applies to a claim that must be setfor a trial conference if
(a)the parties do not reachagreement at mediation on all the issues (see Rule 7.3 (52)),
(b)Repealed. [B.C. Reg.267/2018, s. 7 (b).]
(c)an order is made underRule 7 (14) (c.1) or 9.2 (13) (c), or
(d)a settlement conferencewill not be held for a proceeding that was started by a notice of civilresolution tribunal claim (see Rule 7 (2.2)).
[en. B.C.Reg. 360/2007, s. 7; am. B.C. Regs. 244/2015, Sch. 2, s. 3; 120/2017, Sch. 2,s. 23; 267/2018, s. 7.]
Trial conference
(2)Before a trial date is set, unless thesetting of a trial date is otherwise ordered by a judge, a trial conferencewill be held on the date and at the time and place set by the registrar.
[en. B.C.Reg. 360/2007, s. 7; am. B.C. Reg. 267/2018, s. 8.]
Notice oftrial conference
(3)The registrar must serve a notice of trialconference (Form 32) on the parties at least 30 days before the date set forthe trial conference.
[en. B.C.Reg. 360/2007, s. 7.]
Changinga trial conference date
(4)A party may change the date of a trialconference
(a)by filing a consent tochange the date under Rule 16 (1), or
(b)by applying to theregistrar (see Rule 16 (3)) for an order changing the date of the trialconference and giving to the other party whatever notice of the application theregistrar may order.
[en. B.C.Reg. 360/2007, s. 7.]
Applicationto change date at least 7 days before trial conference
(5)On an application made at least 7 days beforethe date set for the trial conference, the registrar may change the date of thetrial conference if the registrar is satisfied that the original date isunreasonably inconvenient to the party.
[en. B.C.Reg. 360/2007, s. 7.]
Applicationto change date within 7 days before trial conference
(6)On an application made within 7 days beforethe date set for the trial conference, the registrar may change the date of thetrial conference if
(a)the registrar is satisfiedthat the original date is unreasonably inconvenient to the party, and
(b)the application containsan explanation, satisfactory to the registrar, as to why it was not reasonablypracticable for the party to bring an application at least 7 days before thedate sent for the trial conference.
[en. B.C.Reg. 360/2007, s. 7.]
Unreasonablyinconvenient
(7)For the purposes of subrules (5) and (6), theregistrar may determine that a date is unreasonably inconvenient to a party if
(a)a family emergencyrenders the party unable to attend on the day set for the trial conference,
(b)the party has apre-arranged out-of-town commitment on the day set for the trial conference andthat commitment cannot be changed due to travel requirements,
(c)the party is required toattend court on the day set for the trial conference, or
(d)the registrar otherwisedetermines that the date is unreasonably inconvenient to the party.
[en. B.C.Reg. 360/2007, s. 7.]
Notice ofchange of date
(8)If the registrar changes the date of a trialconference under subrule (5) or (6),
(a)the party who appliedfor the change of date must give to the other parties whatever notice of thechange of date the registrar may order, and
(b)the registrar mustpromptly set a new date for the trial conference and serve a notice of trialconference (Form 32) on the parties specifying the new date, time and place forthe trial conference.
[en. B.C.Reg. 360/2007, s. 7.]
What theparties must file before the trial conference
(9)At least 14 days before the date set for thetrial conference, each party must
(a)complete a trialstatement (Form 33) following the instructions on the form, and
(b)file at the registry thetrial statement with attached copies of all relevant documents.
[en. B.C.Reg. 360/2007, s. 7.]
Serving thetrial statement on other parties
(10)At least 7 days before the date set for thetrial conference, each party must serve a copy of their trial statement andattachments on each of the other parties.
[en. B.C.Reg. 360/2007, s. 7.]
Who mustattend the trial conference
(11)All parties must have the individual whowill be responsible for presenting their case at the trial attend the trialconference, which may be
(a)the party,
(b)a representative of theparty if the party is not an individual,
(c)a representative of aninsurer if
(i)the party has assignedall of his or her rights relevant to the claim to the insurer, or
(ii)the insurer has a dutyto do one or both of the following in relation to the party:
(A)indemnify that party forliability arising out of a claim in the proceeding;
(B)defend any claims madeagainst that party in the proceeding, or
(d)a lawyer or articlingstudent.
[en. B.C.Reg. 360/2007, s. 7.]
When aparty is not required to attend
(12)A party is not required to attend the trialconference in person if a person attends on behalf of the party in accordancewith subrule (11) (b), (c) or (d).
[en. B.C.Reg. 360/2007, s. 7.]
Representative attending must have authority to settle
(12.1)If a person attends a trial conference onbehalf of a party in accordance with subrule (11) (b), (c) or (d), arepresentative of the party attending the trial conference must have theauthority to settle the claim.
[en. B.C.Reg. 120/2017, Sch. 2, s. 24.]
Lawyer orarticling student may accompany attendee
(13)A party or a representative of the party oran insurer may be accompanied by a lawyer or articled student at the trialconference.
[en. B.C.Reg. 360/2007, s. 7.]
Defendant may request a medical report
(13.1)A defendant in a claim for damages forpersonal injuries may apply to a judge (see Rule 16 (7)) to order the claimantto attend a medical doctor for an examination, to be paid for by the defendant.
[en. B.C.Reg. 120/2017, Sch. 2, s. 24.]
Medical report to be given to claimant and brought to trialconference
(13.2)After receiving the medical report fromthe doctor, the defendant must
(a)serve a copy of it onthe claimant at least 7 days before the trial conference, and
(b)bring a copy of it tothe trial conference.
[en. B.C.Reg. 120/2017, Sch. 2, s. 24.]
Whathappens at a trial conference
(14)At a trial conference, a judge may do one ormore of the following:
(a)decide on any issuesthat do not require evidence;
(a.1)mediate any issuesbeing disputed;
(b)make a payment order orother appropriate order in the terms agreed to by the parties;
(c)discuss any evidencethat will be required and the procedure that will be followed if a trial isnecessary;
(d)order a party to produceany information in the manner the judge considers appropriate;
(e)make an order respectingthe evidence of experts, including
(i)requiring that a partyfile and serve on the other parties an expert's report, with or without thenecessity of the expert attending to be questioned, on such terms as the judgemay direct,
(ii)requiring the partiesto secure an opinion from a jointly-retained independent expert, on such termsas the judge may direct, or
(iii)requiring the parties'experts to attend court at the same time to respond to each other;
(f)if damage to property isinvolved in the dispute, order a party to permit a person chosen by anotherparty to examine the property damage;
(g)order
(i)the claimant to attend amedical doctor for an examination, to be paid for by the defendant, and
(ii)the defendant to serveon the claimant a copy of the medical report from the doctor at least 7 daysbefore the trial date and to bring a copy of the medical report to the trial;
(h)make an order respectingtime limits for the conduct of all or part of a trial;
(i)dismiss a claim,counterclaim, reply or third party notice if, after discussion with the partiesand reviewing the filed documents, a judge determines that it
(i)is without reasonablegrounds,
(ii)discloses no triableissue, or
(iii)is frivolous or anabuse of the court's process;
(j)give a non-bindingopinion on the probable outcome of the trial based on the materials before thejudge at the trial conference;
(k)Repealed. [B.C. Reg.244/2015, Sch. 2, s. 4.]
(l)make any other order forthe just, speedy and inexpensive resolution of the claim.
[en. B.C.Reg. 360/2007, s. 7; am. B.C. Regs. 244/2015, Sch. 2, s. 4; 120/2017, Sch. 2,s. 25.]
If aparty does not comply with orders made at the trial conference
(15)If a party does not comply with any orderunder subrule (14) (d) to (h) made at a trial conference, a judge may at anytime do one or more of the following:
(a)adjourn a trial andorder that party to pay all the reasonable expenses incurred by any otherparties as a result of the adjournment;
(b)order a trial to proceedwithout permitting that party to produce as evidence any information, documentor records withheld as a result of the non-compliance;
(c)dismiss that party'sclaim, counterclaim, reply or third party notice.
[en. B.C.Reg. 360/2007, s. 7.]
If apayment order is made
(16)If a payment order is made at a trialconference, Rule 11 (Payment of the Judgment) applies as though the paymentorder was made following a trial.
[en. B.C.Reg. 360/2007, s. 7.]
If adefendant or third party does not attend
(17)If a defendant or third party does notattend the trial conference, either personally or by a representative, thejudge may
(a)allow the claim, and
(b)make a payment order orother appropriate order against that defendant or third party.
[en. B.C.Reg. 360/2007, s. 7.]
If aclaimant does not attend
(18)If a claimant does not attend the trial conference,either personally or by a representative, the judge may dismiss the claim.
[en. B.C.Reg. 360/2007, s. 7.]
Rule 8 — Changing orWithdrawing a Claim or Reply, Etc.
Any fileddocument may be changed
(1)Subject to subrule (1.1), anything in a noticeof claim, reply or other document that has been filed by a party may be changedby that party
(a)without any permission,
(i)at any time before thesettlement conference begins, or
(ii)if a settlement conferencewill not be held, at any time before the earliest of the following:
(A)Repealed. [B.C. Reg.267/2018, s. 9.]
(B)a trial conference underRule 7.5;
(C)a trial under Rule 9.1or 9.2, and
(b)with the permission of ajudge (see Rule 16 (7)), at any time after that.
[am. B.C.Regs. 360/2007, s. 8; 120/2017, Sch. 2, s. 26; 267/2018, s. 9.]
Proceedingstarted by notice of civil resolution tribunal claim — any filed document maybe changed with permission of judge
(1.1)If a proceeding was started by a notice ofcivil resolution tribunal claim, anything in the notice of civil resolutiontribunal claim, reply or other document that has been filed by a party may bechanged by the party that originally completed the document with the permissionof a judge (see Rule 16 (7)).
[en. B.C.Reg. 120/2017, Sch. 2, s. 27.]
How tochange a document
(2)All changes must be underlined, initialledand dated on the revised document and, if there is an order authorizing thechange, the document must contain a reference to it.
Filingand serving a revised document
(3)A party who changes a filed document must
(a)file a copy of therevised document at the registry, and
(b)before taking any otherstep in the claim, serve a copy of the revised document on each party to theclaim.
If arevised document is served
(3.1)A party who is served with a revised noticeof claim, notice of civil resolution tribunal claim, counterclaim or thirdparty notice
(a)may, by followingsubrule (3), change a reply already filed by that party, or
(b)may rely on a replyalready filed by that party.
[en. B.C.Reg. 148/97, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 28.]
Nodefault order for failure to change reply
(3.2)No default order will be made solelybecause a party relies on a filed reply instead of changing that reply.
[en. B.C.Reg. 148/97, s. 9.]
Withdrawalof claim or other filed document
(4)A party may withdraw a claim, counterclaim,reply or third party notice at any time by
(a)filing a copy of thenotice of withdrawal at the registry, and
(b)promptly serving thenotice on all the parties who were served with the claim, counterclaim, replyor third party notice.
[en. B.C.Reg. 148/97, s. 9.]
Repealed
(5)Repealed. [B.C. Reg. 148/97, s. 9 (b).]
Theeffect of withdrawing
(6)A party who withdraws a claim, counterclaim,reply or third party notice may not at any time proceed with it or file anothernotice with respect to the claim or counterclaim without the permission of ajudge (see Rule 16 (7)).
[am. B.C.Reg. 148/97, s. 9.]
Claimantcan change amount of claim up to $35 000
(7)A claimant who filed a notice of claim beforeJune 1, 2017 may change that notice of claim to increase the amount of theclaim to an amount that is more than $25 000 and not more than $35 000, notincluding interest and expenses, whether or not the claimant had, in thatnotice of claim, abandoned part of the claim in accordance with Rule 1 (5).
[en. B.C.Reg. 120/2017, Sch. 2, s. 29.]
Defendantcan change amount of counterclaim up to $35 000
(8)A defendant who filed a reply that containeda counterclaim before June 1, 2017 may change that reply to increase the amountof the counterclaim to an amount that is more than $25 000 and not more than$35 000, not including interest and expenses, whether or not the defendant had,in that reply, abandoned part of the counterclaim in accordance with Rule 4(5).
[en. B.C.Reg. 120/2017, Sch. 2, s. 29.]
How tochange amount of claim or counterclaim
(9)In order to increase the amount of a claimunder subrule (7) of this rule or the amount of a counterclaim undersubrule (8), the party making that claim or counterclaim must change thenotice of claim or reply in which the claim or counterclaim was made
(a)by complying withsubrule (2), and
(b)by attaching to thechanged notice of claim or reply a separate page giving detailed reasons forthe change.
[en. B.C.Reg. 251/2005, s. 4.]
Whennotice of claim or reply may be changed
(10)A notice of claim or reply may be changedunder subrule (9) before or after a settlement conference without thepermission of a judge, but must not be changed after
(a)judgment has beengranted,
(b)the claim orcounterclaim has been dismissed by a judge,
(c)a default order has beenissued by a judge or a registrar, or
(d)the claim orcounterclaim has been settled.
[en. B.C.Reg. 251/2005, s. 4; am. B.C. Reg. 286/2005, s. 3.]
Changednotice of claim or reply must be filed and served
(11)After a notice of claim or reply is changedunder subrule (9), it must be filed and served in accordance withsubrule (3).
[en. B.C.Reg. 251/2005, s. 4.]
Reply maybut need not be filed
(12)Subrules (3.1) and (3.2) apply to a partywho is served with a changed notice of claim or reply under subrule (11).
[en. B.C.Reg. 251/2005, s. 4.]
Repealed
(13)Repealed. [B.C. Reg. 135/2015, Sch. 2, s.2.]
Rule 9 — Witnesses
How a witnessis told to attend court
(1)To summon a witness to court, a party must
(a)complete a summons towitness (Form 8), following the instructions on the form, and
(b)serve a copy of thesummons on the witness at least 7 days before the date the witness is requiredto attend.
Travellingexpenses
(2)At the time the summons is served, the partysummoning the witness must offer the witness reasonable estimated travellingexpenses.
Summonsnot always necessary
(3)If a witness will attend court voluntarily, asummons is not necessary.
What awitness served with a summons must do
(4)A person who is served with a summons towitness must
(a)attend court at the timeand place stated on the summons, and
(b)bring to court anyrecords and other things required by the summons.
Summonsmay be cancelled
(5)A person who is served with a summons towitness may apply to a judge (see Rule 16 (7)) who may cancel thesummons if
(a)the person is not neededas a witness, or
(b)it would be a hardshipfor the person to attend court as required by the summons.
If asummons is cancelled
(6)A judge who cancels a summons to witness maymake any other order that the judge thinks is fair, including an order changingthe date of a trial or other hearing.
If awitness does not obey a summons
(7)A judge may issue a warrant (Form 9) for thearrest of a witness who does not attend court as required by a summons towitness if the judge is satisfied that
(a)the summons was servedon the witness,
(b)reasonable travellingexpenses were offered to the witness, and
(c)justice requires thepresence of the witness.
Cancellationof warrant
(8)If a witness named in a warrant attends courtvoluntarily, the warrant is cancelled.
What thejudge or justice of the peace may do when witness appears
(9)If the witness's evidence is still required
(a)a judge or justice ofthe peace may release the witness on conditions set by the judge or justice ofthe peace, or
(b)a judge may order thewitness to be detained until his or her presence is no longer required.
Rule 9.1 — SimplifiedTrials for Claims up to $10 000 (Pilot Project — Robson Square and RichmondSmall Claims Registries)
Definition
(1)In thisrule, "adjudicator" means a judge or justice of the peace.
[en. B.C.Reg. 360/2007, s. 9.]
Application of this Rule
Claims towhich this rule applies
(2)Subject to subrule (3), this rule applies toa claim if
(a)the claim is made by wayof a notice of claim, notice of civil resolution tribunal claim, counterclaimor third party notice and in respect of which
(i)a reply is filedopposing all or part of the claim, or
(ii)a response opposing allor part of the claim is continued as a reply,
(b)the amount claimed inthe notice of claim or notice of civil resolution tribunal claim that startedthe proceeding is $10 000 or less (not including interest and expenses),
(c)the amount claimed inany counterclaim is $10 000 or less (not including interest and expenses), and
(d)one of the followingapplies in relation to the claim:
(i)the claim is part of aproceeding started by a notice of claim, the amount claimed is $5 000 or less(not including amounts abandoned under this rule, interest and expenses) and,after November 25, 2007,
(A)the notice of claim wasfiled at the Robson Square Small Claims Registry (Vancouver) or Richmond SmallClaims Registry, or
(B)the court file relatingto the claim was transferred to the Robson Square Small Claims Registry(Vancouver) or Richmond Small Claims Registry;
(ii)the claim is part of aproceeding started by a notice of claim, the amount claimed is more than $5 000and, on or after June 1, 2017,
(A)the notice of claim wasfiled at the Robson Square Small Claims Registry (Vancouver) or Richmond SmallClaims Registry, or
(B)the court file relatingto the claim was transferred to the Robson Square Small Claims Registry(Vancouver) or Richmond Small Claims Registry;
(iii)the claim is part of aproceeding started by a notice of civil resolution tribunal claim and, on orafter June 1, 2017,
(A)the notice of civilresolution tribunal claim was filed at the Robson Square Small Claims Registry(Vancouver) or Richmond Small Claims Registry, or
(B)the court file relatingto the claim was transferred to the Robson Square Small Claims Registry(Vancouver) or Richmond Small Claims Registry.
[en. B.C.Reg. 120/2017, Sch. 2, s. 31.]
Claims towhich this rule does not apply
(3)This rule does not apply to a claim if
(a)the claim is for damagesfor personal injury, or
(b)Rule 9.2 applies to theclaim, unless an order is made under Rule 9.2 (13) (c) that the claim be setfor a trial under this rule.
[en. B.C.Reg. 360/2007, s. 9.]
When thisrule ceases to apply
(4)This rule ceases to apply to a claim if
(a)the court file relatingto the claim is transferred to another registry, or
(b)the notice of claim,notice of civil resolution tribunal claim or reply is changed to increase theamount of the claim or counterclaim to more than $10 000, not includinginterest and expenses.
[en. B.C.Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, ss. 32 and 33.]
If theclaim is for more than $10 000
(5)A claimant who has a claim amounting to morethan $10 000, not including interest and expenses, may abandon part of theclaim so that the balance of the claim may be heard under this rule.
[en. B.C.Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 33.]
How toabandon part of a claim
(6)To abandon part of a claim, a claimant mustsay on the notice of claim or notice of civil resolution tribunal claim thatthe amount over $10 000 is abandoned.
[en. B.C.Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, ss. 33 and 34.]
Effect ofabandoning part of a claim
(7)Subject to subrule (10.1) or (11), a claimantwho abandons part of a claim under subrule (6) may not at any time sue for thatpart.
[en. B.C.Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 35.]
If acounterclaim is for more than $10 000
(8)A defendant who has a counterclaim amountingto more than $10 000, not including interest and expenses, may abandon part ofthe claim so it may be heard under this rule.
[en. B.C.Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 33.]
How toabandon part of a counterclaim
(9)To abandon part of a counterclaim, thedefendant must say on the counterclaim part of the reply that the amount over$10 000 is abandoned.
[en. B.C.Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 33.]
Effect ofabandoning part of a counterclaim
(10)Subject to subrule (10.2), a defendant whoabandons part of a counterclaim may not at any time sue for that part.
[en. B.C.Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 36.]
Claimant can change amount of claim up to $10 000
(10.1)A claimant who filed a notice of claimbefore June 1, 2017 and abandoned part of the claim so that the balance of theclaim may be heard under this rule may change that notice of claim to increasethe amount of the claim to an amount that is more than $5 000 and not more than$10 000, not including interest and expenses, whether or not the claimant had,in that notice of claim, abandoned part of the claim in accordance with subrule(6).
[en. B.C.Reg. 120/2017, Sch. 2, s. 37.]
Defendant can change amount of counterclaim up to $10 000
(10.2)A defendant who filed a reply thatcontained a counterclaim before June 1, 2017 and abandoned part of the claim sothat the balance of the claim may be heard under this rule may change thatreply to increase the amount of the counterclaim to an amount that is more than$5 000 and not more than $10 000, not including interest and expenses, whetheror not the defendant had, in that reply, abandoned part of the counterclaim inaccordance with subrule (9).
[en. B.C.Reg. 120/2017, Sch. 2, s. 37.]
How to change amount of claim or counterclaim
(10.3)In order to increase the amount of a claimunder subrule (10.1) or the amount of a counterclaim under subrule (10.2), theparty making that claim or counterclaim must change the notice of claim orreply in which the claim or counterclaim was made
(a)by complying with Rule 8(2), and
(b)by attaching to thechanged notice of claim or reply a separate page giving detailed reasons forthe change.
[en. B.C.Reg. 120/2017, Sch. 2, s. 37.]
When notice of claim or reply must not be changed
(10.4)A notice of claim or reply must not bechanged after
(a)judgment has been granted,
(b)the claim orcounterclaim has been dismissed by a judge,
(c)a default order has beenissued by a judge or a registrar, or
(d)the claim orcounterclaim has been settled.
[en. B.C.Reg. 120/2017, Sch. 2, s. 37.]
Changed notice of claim or reply must be filed and served
(10.5)After a notice of claim or reply ischanged under subrule (10.3), it must be filed and served in accordance withRule 8 (3).
[en. B.C.Reg. 120/2017, Sch. 2, s. 37.]
Reply may but need not be filed
(10.6)Rule 8 (3.1) and (3.2) applies to a partywho is served with a changed notice of claim or reply under subrule (10.5) ofthis rule.
[en. B.C.Reg. 120/2017, Sch. 2, s. 37.]
Effect ifdefendant does not abandon part of a counterclaim
(11)If this rule does not apply to a claimbecause the defendant has a counterclaim amounting to more than $10 000 anddoes not abandon part of the claim so that it may be heard under this rule, theclaimant may sue for the whole amount to which the claimant may be entitled.
[en. B.C.Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 33.]
Trial Date
Notice oftrial
(12)If this rule applies to a claim, theregistrar must
(a)set the claim for trialunder this rule, and
(b)serve a notice of trialand blank trial statement (Form 33) on the parties to the claim at least 30days before the date set for the trial.
[en. B.C.Reg. 360/2007, s. 9.]
How tochange a trial date
(13)A party may change a trial date
(a)by filing a consent tochange the date under Rule 16 (1), or
(b)by
(i)applying to theregistrar (see Rule 16 (3)) for an order changing the date of the trial atleast 7 days before the date set for the trial, unless the registrar ordersotherwise, and
(ii)giving to the otherparty whatever notice of the application the registrar may order.
[en. B.C.Reg. 360/2007, s. 9.]
Date maybe changed to avoid unreasonable inconvenience
(14)The registrar may change the date of thetrial on an application made under subrule (13) (b) if the registrar issatisfied that the original date is unreasonably inconvenient to the party.
[en. B.C.Reg. 360/2007, s. 9.]
Unreasonablyinconvenient
(15)For the purposes of subrule (14), theregistrar may determine that a date is unreasonably inconvenient to a party if
(a)a family emergencyrenders the party unable to attend on the day set for the trial,
(b)the party has apre-arranged out-of-town commitment on the day set for the trial and thatcommitment cannot be changed due to travel requirements,
(c)the party is required toattend court on the day set for the trial, or
(d)the registrar otherwisedetermines that the date is unreasonably inconvenient to the party.
[en. B.C.Reg. 360/2007, s. 9.]
Notice ofchange of date
(16)If the registrar changes the date of a trialunder this rule,
(a)the party who appliedfor the change of date must give to the other parties whatever notice of thechange of date the registrar may order, and
(b)the registrar mustpromptly set a new date for the trial and serve a notice of trial on theparties specifying the new date, time and place for the trial.
[en. B.C.Reg. 360/2007, s. 9.]
What the Parties Must DoBefore the Trial
What theparties must file before the trial
(17)At least 14 days before the date set for thetrial, each party must
(a)complete a trialstatement (Form 33) following the instructions on the form, and
(b)file at the registry thetrial statement with attached copies of all relevant documents.
[en. B.C.Reg. 360/2007, s. 9.]
Servingthe trial statement on other parties
(18)At least 7 days before the date set for thetrial, each party must serve a copy of their trial statement and attachments oneach of the other parties.
[en. B.C.Reg. 360/2007, s. 9.]
If aparty does not comply with subrule (17) or (18)
(19)If a party does not comply with subrule (17)or (18), an adjudicator may do one or both of the following:
(a)adjourn the trial andorder that party to pay all the reasonable expenses incurred by any otherparties as a result of the adjournment;
(b)order the trial toproceed without permitting that party to produce as evidence any information,document or records withheld as a result of the non-compliance.
[en. B.C.Reg. 360/2007, s. 9.]
How a Trial is Conducted
How atrial may be conducted
(20)The trial is to be conducted
(a)without complying withthe formal rules of procedure and evidence, and
(b)without limitingparagraph (a), in accordance with subrules (21) and (22) unless the adjudicatordetermines that there are reasons to conduct the trial with a formalexamination and cross-examination of parties and witnesses.
[en. B.C.Reg. 360/2007, s. 9.]
Before atrial begins
(21)An adjudicator must do the following beforethe trial begins:
(a)review all documentsfiled by the parties;
(b)determine whether theparties are able to settle the matter;
(c)if the parties are ableto settle the matter, make a payment order or other appropriate order in theterms agreed to by the parties.
[en. B.C.Reg. 360/2007, s. 9.]
How thetrial is conducted
(22)If the adjudicator determines that theparties are not able to settle the matter, the trial is to be conducted inaccordance with the following:
(a)at the beginning of thetrial the adjudicator must have the parties take an oath or give anaffirmation;
(b)the adjudicator must askthe parties to state the facts related to the claim and file with the court anydocuments or other evidence on which the parties rely;
(c)the adjudicator mayallow a party to swear to the truth of the summary of facts set out in theparty's filed trial statement;
(d)the adjudicator must askthe parties to respond to each other;
(e)the adjudicator mayallow a party to call witnesses;
(f)the adjudicator mayreceive evidence from an expert witness, or a witness with specializedknowledge, in the manner the adjudicator considers appropriate given the amountclaimed and the complexity of the issues;
(g)the adjudicator mayallow a party or the party's lawyer or articling student to ask questions ofanother party or another party's witness;
(h)the adjudicator may askquestions of the parties or other witnesses;
(i)the adjudicator mustallow a lawyer or articled student to make submissions for a party;
(j)the adjudicator mayreceive evidence in any other way the adjudicator thinks is appropriate;
(k)the adjudicator mustreview any relevant legislation and case law to which the parties refer;
(l)the adjudicator may doone or more of the following:
(i)at any time adjourn thetrial;
(ii)dismiss a claim,counterclaim or third party notice in whole or in part;
(iii)make a payment orderor other appropriate order.
[en. B.C.Reg. 360/2007, s. 9.]
Evidenceto be sworn
(23)All oral evidence must be given under oathor affirmation at the trial.
[en. B.C.Reg. 360/2007, s. 9.]
Length oftrial
(24)If the adjudicator cannot conclude thehearing of the evidence within the period of time scheduled for the trial, theadjudicator may
(a)extend the trial beyondthe time scheduled unless, in the adjudicator's opinion, extending the trialwill unreasonably interfere with the next scheduled matter, or
(b)adjourn the remainder ofthe trial.
[en. B.C.Reg. 360/2007, s. 9.]
Ordersrespecting completion of adjourned trial
(25)If the adjudicator adjourns the trial undersubrule (24), the adjudicator may make any order with respect to the completionof the trial that the adjudicator thinks is appropriate.
[en. B.C.Reg. 360/2007, s. 9.]
If a Party Does Not Attendthe Trial
If adefendant or third party does not attend
(26)If a defendant or third party does notattend the trial, either personally or by a representative, the adjudicator may
(a)allow the claim, and
(b)make a payment order orother appropriate order against that defendant or third party.
[en. B.C.Reg. 360/2007, s. 9.]
If aclaimant does not attend
(27)If a claimant does not attend the trial,either personally or by a representative, the adjudicator may dismiss theclaim.
[en. B.C.Reg. 360/2007, s. 9.]
Adjudicator's Decision
Adjudicator'sdecision after the trial
(28)The adjudicator must give a decision
(a)in court orally at theend of the trial or on a later date within 30 days after the end of the trial,or
(b)in writing served on theparties within 30 days after the end of the trial.
[en. B.C.Reg. 360/2007, s. 9.]
If theoral decision is given later
(29)If an adjudicator's decision is to be given orallyon a later date, the registrar must notify the parties of the date.
[en. B.C.Reg. 360/2007, s. 9.]
Whenwritten decision effective
(30)An adjudicator's written decision iseffective on the date it is filed at the registry.
[en. B.C.Reg. 360/2007, s. 9.]
Application of other Rules
Applicationof other rules
(31)For the purposes of applying Rules 8, 9, 11,12, 16, 17 and 20 to a claim to which this rule applies, a reference in Rules 8(1) (b) and (6), 9 (5) and (6), 11, 12 (2) (c), 16 (6) (g) and (o), 17 (14) and(15) and 20 to a "judge" must be read as a reference to an"adjudicator".
[en. B.C.Reg. 360/2007, s. 9.]
Rule 9.2 — Summary Trialfor Financial Debt
(Pilot Project — Robson Square Small Claims Registry)
Claims towhich this rule applies
(1)This rule applies to a claim if
(a)the claim is made by wayof a notice of claim, notice of civil resolution tribunal claim, counterclaimor third party notice and in respect of which
(i)a reply is filedopposing all or part of the claim, or
(ii)a response opposing allor part of the claim is continued as a reply,
(b)one of the followingapplies in relation to the claim:
(i)the claim is part of aproceeding started by a notice of claim and, after November 25, 2007,
(A)the notice of claim wasfiled at the Robson Square Small Claims Registry (Vancouver), or
(B)the court file relatingto the claim was transferred to the Robson Square Small Claims Registry(Vancouver);
(ii)the claim is part of aproceeding started by a notice of civil resolution tribunal claim and, on orafter June 1, 2017,
(A)the notice of civilresolution tribunal claim was filed at the Robson Square Small Claims Registry(Vancouver), or
(B)the court file relatingto the claim was transferred to the Robson Square Small Claims Registry(Vancouver),
(c)the court file relatingto the claim has not been transferred to another registry, and
(d)the claimant is in thebusiness of lending money or extending credit and the claim is for a debt thatarises from a loan of money or the extension of credit in the course of thatbusiness.
[en. B.C.Reg. 360/2007, s. 9; am. B.C. Reg. 120/2017, Sch. 2, s. 38.]
Notice oftrial
(2)If this rule applies to a claim, theregistrar must
(a)set the claim for trialunder this rule, and
(b)serve a notice of trialon the parties to the claim at least 30 days before the date set for the trial.
[en. B.C.Reg. 360/2007, s. 9.]
How tochange a trial date
(3)A party may change a trial date
(a)by filing a consent tochange the date under Rule 16 (1), or
(b)by
(i)applying to theregistrar (see Rule 16 (3)) for an order changing the date of the trial atleast 7 days before the date set for the trial, unless the registrar ordersotherwise, and
(ii)giving to the otherparty whatever notice of the application the registrar may order.
[en. B.C.Reg. 360/2007, s. 9.]
Date maybe changed to avoid unreasonable inconvenience
(4)The registrar may change the date of thetrial on an application made under subrule (3) (b) if the registrar issatisfied that the original date is unreasonably inconvenient to the party.
[en. B.C.Reg. 360/2007, s. 9.]
Unreasonablyinconvenient
(5)For the purposes of subrule (4), theregistrar may determine that a date is unreasonably inconvenient to a party if
(a)a family emergencyrenders the party unable to attend on the day set for the trial,
(b)the party has apre-arranged out-of-town commitment on the day set for the trial and thatcommitment cannot be changed due to travel requirements,
(c)the party is required toattend court on the day set for the trial, or
(d)the registrar otherwisedetermines that the date is unreasonably inconvenient to the party.
[en. B.C.Reg. 360/2007, s. 9.]
Notice ofchange of date
(6)If the registrar changes the date of a trialunder this rule,
(a)the party who appliedfor the change of date must give to the other parties whatever notice of thechange of date the registrar may order, and
(b)the registrar mustpromptly set a new date for the trial and serve a notice of trial on theparties specifying the new date, time and place for the trial.
[en. B.C.Reg. 360/2007, s. 9.]
What theparties must file before the trial
(7)At least 14 days before the date set for thetrial, each party must file at the registry any contracts, statements ofaccount, proofs of payment or other documents upon which the party will rely atthe trial.
[en. B.C.Reg. 360/2007, s. 9.]
What theparties must serve on the other parties before trial
(8)At least 7 days before the date set for thetrial, each party must serve a copy of the documents filed at the registryunder subrule (7) on each of the other parties.
[en. B.C.Reg. 360/2007, s. 9.]
Howevidence will be heard at a trial
(9)A judge may conduct a trial without complyingwith the formal rules of procedure and evidence, and in doing so may
(a)ask the parties toexplain their cases, to respond to each other and to call witnesses, or
(b)receive evidence in anyother way the judge thinks is appropriate.
[en. B.C.Reg. 360/2007, s. 9.]
Evidence to be sworn
(10)All oral evidence must be given under oathor affirmation.
[en. B.C.Reg. 360/2007, s. 9.]
If a defendant or third party does not attend
(11)If a defendant or third party does notattend the trial, either personally or by a representative, the adjudicator may
(a)allow the claim, and
(b)make a payment order orother appropriate order against that defendant or third party.
[en. B.C.Reg. 360/2007, s. 9.]
If a claimant does not attend
(12)If a claimant does not attend the trial,either personally or by a representative, the adjudicator may dismiss theclaim.
[en. B.C.Reg. 360/2007, s. 9.]
Judge's decision at the trial
(13)At the end of the trial, the judge must doone or more of the following:
(a)make a payment order;
(b)dismiss the claim,counterclaim or third party notice;
(c)if, in the judge'sopinion, the claim cannot be decided at a trial under this rule,
(i)cancel the trial, and
(ii)order that the claim beset for
(A)a settlement conferenceunder Rule 7,
(B)a trial conference underRule 7.5, or
(C)a trial under Rule 9.1or 10.
[en. B.C.Reg. 360/2007, s. 9; am. B.C. Reg. 244/2015, Sch. 2, s. 5.]
Additional orders made by judge
(14)If a judge makes an order under subrule (13)(c), the judge may make any other order for the just, speedy and inexpensiveresolution of the claim.
[en. B.C.Reg. 360/2007, s. 9.]
Rule 10 — The Trial
Claims to which this rule does not apply
(0.1)This rule does not apply to a claim if Rule9.1 or, subject to an order under Rule 9.2 (13) (c), Rule 9.2 applies to theclaim.
[en. B.C.Reg. 360/2007, s. 10 (a).]
Howevidence will be heard at a trial
(1)A judge may conduct a trial without complyingwith the formal rules of procedure and evidence, and in doing so may
(a)ask the parties toexplain their cases, to respond to each other and to call witnesses (see Rules7 (15) (b) and 7.5 (15) (b)), or
(b)receive evidence in anyother way the judge thinks is appropriate (see Rules 7 (15) (b) and 7.5 (15)(b)).
[am. B.C.Regs. 148/97, s. 10; 360/2007, s. 10 (b) and (c).]
Evidenceto be sworn
(2)All oral evidence must be given under oath oraffirmation.
Experts'evidence — advance notice of evidence required
(3)A party may not call an expert to giveevidence of the expert's opinion unless
(a)the party serves asummary of the expert's evidence on all other parties at least 30 daysbefore the expert is called to give evidence, or
(b)a judge grantspermission.
Experts'reports must be given in advance
(4)Instead of calling an expert to giveevidence, a party may introduce a report stating opinions of an expert, if
(a)the party serves a copyof the report on all other parties at least 30 days before the report isintroduced, or
(b)a judge grantspermission.
Experts'qualifications
(5)A statement of qualifications in an expert'sreport is proof that the expert has those qualifications unless there isevidence to the contrary.
Expertsmay be called for cross-examination
(6)A party receiving another party's expertreport may serve on the other party, at least 14 days before the trialdate, a notice requiring the expert to attend the trial for cross-examination.
Cost ofcalling other party's expert
(7)If a judge determines that calling anotherparty's expert was unnecessary, the judge may order the party who required theexpert to attend to pay the expert's expenses.
Estimates
(8)Repair estimates and estimates of the valueof property are not considered to be expert evidence, but must be served on allother parties at least 14 days before trial unless a judge ordersotherwise.
If adefendant does not attend
(9)If a defendant or third party does not attendthe trial, either personally or by a representative, the judge may
(a)allow the claim, and
(b)make a payment order orother appropriate order against that defendant or third party.
If aclaimant does not attend
(10)If a claimant does not attend the trial,either personally or by a representative, the judge may dismiss the claim.
Judge'sdecision after the trial
(11)The judge must give a decision
(a)in court orally at theend of the trial or on a later date, or
(b)in writing.
If thedecision is given later
(12)If a judge's decision is to be given orallyon a later date, the registrar must notify the parties of the date.
Whendecision effective
(13)A judge's written decision is effective onthe date it is filed at the registry.
Rule 10.1 — Offer to Settle
Claims to which this rule does not apply
(0.1)This rule does not apply to a claim if
(a)Rule 9.1 applies to theclaim, or
(b)the proceeding wasstarted by a notice of civil resolution tribunal claim.
[en. B.C.Reg. 120/2017, Sch. 2, s. 39.]
Any party may offer to settle
(1)A party may offer to settle one or moreclaims by
(a)completing an offer to settle(Form 18), and
(b)serving the party towhom the offer is made with the completed offer to settle as if it were anotice of claim (see Rule 2).
[en. B.C.Reg. 148/97, s. 11.]
Time limit for offering to settle
(2)An offer to settle under subrule (1) must beserved on the party to whom the offer is made
(a)within 30 days after theconclusion of the settlement conference or the conclusion of a trialconference, whichever happens first, or
(b)at a later time, ifpermitted by a judge.
[en. B.C.Reg. 148/97, s. 11; am. B.C. Regs. 172/2003, s. 3; 360/2007, s. 11 (b);267/2018, s. 10.]
How an offer is accepted
(3)If a party served with an offer to settleunder subrule (2) wishes to accept the offer in full settlement of the claim,interest and expenses, that party must
(a)complete an acceptanceof offer (Form 19), and
(b)within 28 days afterbeing served with the offer, serve the party who made the offer with thecompleted acceptance as if it were a notice of claim (see Rule 2).
[en. B.C.Reg. 148/97, s. 11.]
Acceptance of offer deemed to be a payment order
(4)If a party served with an acceptance of offerfiles the offer and the acceptance in the registry, the acceptance is deemed tobe a payment order.
[en. B.C.Reg. 148/97, s. 11.]
If an offer is rejected by claimant
(5)The trial judge may order a claimant to paythe defendant a penalty if the claimant
(a)does not accept an offerto settle made by the defendant under subrule (1), and
(b)is awarded at trial anamount, including interest and all expenses, that equals or is less than thedefendant's offer.
[en. B.C.Reg. 148/97, s. 11.]
If an offer is rejected by defendant
(6)The trial judge may order a defendant to paythe claimant a penalty if
(a)the defendant does notaccept an offer to settle made by the claimant under subrule (1), and
(b)the claimant is awardedat trial an amount, including interest and all expenses, that equals or exceedsthe claimant's offer.
[en. B.C.Reg. 148/97, s. 11.]
Amount of penalty
(7)A penalty under subrule (5) or (6) is inaddition to any other expenses or penalties, and may be up to 20% of the amountof the offer to settle.
[en. B.C.Reg. 148/97, s. 11.]
What the judge must consider
(8)When deciding the amount of a penalty undersubrule (5) or (6), a judge must consider
(a)the difference betweenthe amount awarded at trial and the amount of the offer to settle,
(b)the interest of theparties in proceeding to trial to determine the credibility of witnesses or apoint of law, and
(c)the time when the offerwas made.
[en. B.C.Reg. 148/97, s. 11.]
Other offers to settle
(9)An offer to settle may be made and acceptedafter the time limit in this Rule for offering or accepting a settlement haspassed, but in that case a judge may not impose a penalty undersubrule (5) or (6).
[en. B.C.Reg. 148/97, s. 11.]
Money paid into court after garnishing order
(10)A defendant may include in an offer tosettle a term that money paid into court as a result of a garnishing order bepaid to the claimant.
[en. B.C.Reg. 148/97, s. 11.]
Disclosure to judge
(11)A party may disclose any offer to settlemade under this Rule
(a)to the settlement conferencejudge, and
(b)to the trial judge, butonly after that judge has given a final decision on the amount to be awarded.
[en. B.C.Reg. 148/97, s. 11.]
Multiple defendants
(12)If 2 or more defendants are sued together,
(a)a claimant may not makean offer to settle except jointly to all defendants, and
(b)a defendant may not makean offer to settle except jointly with all other defendants.
[en. B.C.Reg. 148/97, s. 11.]
Multiple claimants
(13)If there are 2 or more claimants, a separateoffer to settle may be made by or to each of them.
[en. B.C.Reg. 148/97, s. 11.]
Counterclaims and third party claims
(14)This rule applies to claims, counterclaimsand third party claims.
[en. B.C.Reg. 148/97, s. 11.]
Third party claims
(15)If a defendant accepts an offer to settlemade by a third party,
(a)the third party must paythe amount of the offer into court, and
(b)that amount may only betaken out of court by order of a judge or with the consent of all parties.
[en. B.C.Reg. 148/97, s. 11.]
Rule 10.2 — Penalties ifFinal Decision by Civil Resolution Tribunal
Claims to which this rule applies
(1)This rule applies to claims, counterclaimsand third party claims if the proceeding was started by a notice of civilresolution tribunal claim.
[en. B.C.Reg. 120/2017, Sch. 2, s. 40.]
Claims to which this rule does not apply
(2)This rule does not apply to a claim if aclaimant and a defendant filed a notice of objection under section 56.1 ofthe Civil Resolution Tribunal Act in respect of theclaim when the claim was proceeding as a tribunal small claim.
[en. B.C.Reg. 120/2017, Sch. 2, s. 40.]
Multiple claims
(3)If there are 2 or more claims in aproceeding, this rule is to be applied separately in respect of each claim.
[en. B.C.Reg. 120/2017, Sch. 2, s. 40.]
If claimant is awarded an equal or lesser amount at trial
(4)The trial judge may order a claimant to paythe defendant a penalty if the claimant
(a)filed a notice of objectionunder section 56.1 of the Civil Resolution Tribunal Act in respect of theclaim when the claim was proceeding as a tribunal small claim, and
(b)is awarded at trial an amount,including interest and all expenses, that equals or is less than the amountawarded by the civil resolution tribunal against the defendant in respect ofthat claim.
[en. B.C.Reg. 120/2017, Sch. 2, s. 40.]
If claimant is awarded an equal or greater amount at trial
(5)The trial judge may order a defendant to paythe claimant a penalty if
(a)the defendant filed anotice of objection under section 56.1 of the Civil Resolution Tribunal Act in respect of theclaim when the claim was proceeding as a tribunal small claim, and
(b)the claimant is awardedat trial an amount, including interest and all expenses, that equals or exceedsthe amount awarded by the civil resolution tribunal against the defendant inrespect of that claim.
[en. B.C.Reg. 120/2017, Sch. 2, s. 40.]
Amount of penalty
(6)A penalty under subrule (4) or (5) is inaddition to any other expenses or penalties, and may be up to 20% of the amountawarded by the civil resolution tribunal.
[en. B.C.Reg. 120/2017, Sch. 2, s. 40.]
What the judge must consider
(7)When deciding the amount of a penalty undersubrule (4) or (5), a judge must consider the following:
(a)the difference betweenthe amount awarded at trial and the amount awarded by the civil resolutiontribunal;
(b)the interest of theparties in proceeding to trial to determine the credibility of witnesses or apoint of law;
(c)whether the civilresolution tribunal made a final decision after a party did not attend orotherwise participate in a civil resolution tribunal hearing.
[en. B.C.Reg. 120/2017, Sch. 2, s. 40.]
Rule 11 — Payment of the Judgment
Paymentorder
(1)If a judge decides that one party must pay money to another party,the judge must make a payment order at the end of the trial.
[en. B.C.Reg. 148/97, s. 12.]
Paymentdeferral
(2)After making a payment order, the judge must ask
(a)if the debtor requires time to pay, and
(b)if so, when the debtor proposes to pay.
[en. B.C.Reg. 148/97, s. 12.]
Creditorto be consulted
(3)If the debtor asks for time to pay, the judge must ask thecreditor if the creditor agrees with the debtor's proposal.
[en. B.C.Reg. 148/97, s. 12.]
If the creditoragrees
(4)If the creditor agrees with the proposal, the judge may order apayment schedule requiring the debt to be paid by a set date or by instalments.
[en. B.C.Reg. 148/97, s. 12.]
If thecreditor does not agree
(5)If the creditor does not agree with the proposal, the judge may
(a)order a payment hearing, or
(b)order a payment schedule.
[en. B.C.Reg. 148/97, s. 12.]
Nocollection while payments being made
(6)The creditor may not take any other steps to collect the debt as longas the debtor is making payments in accordance with the payment schedule.
[en. B.C.Reg. 148/97, s. 12.]
If noorder is made
(7)If no order is made under subrule (5), the debt is payableimmediately and the creditor may collect the debt by taking any of the stepslisted in subrule (11).
[en. B.C.Reg. 148/97, s. 12.]
If ajudge orders a payment hearing
(8)If a judge orders a payment hearing under subrule (5), thecreditor may not take any other steps to collect payment until after thepayment hearing.
[en. B.C.Reg. 148/97, s. 12.]
Registrar'spayment order
(9)The registrar may make a payment order.
[en. B.C.Reg. 148/97, s. 12.]
Registrarmay make some orders without a hearing
(10)The registrar may make the following orders without a hearing:
(a)a payment order in the amount agreed to plus expenses underRule 20 (2) (a) and (b) and any interest the claimant isentitled to if
(i)the defendant agrees to pay all or part of a claim on a reply, and
(ii)the claimant consents;
(b)an order establishing a payment schedule if the defendant proposesor requests a payment schedule in the reply and the claimant consents to theorder;
(c)an order issuing a summons to a defendant to attend a paymenthearing if a proposed payment schedule is not agreed to by the claimant.
[en. B.C.Reg. 148/97, s. 12.]
Howpayment may be collected
(11)To collect payment due under a payment order (Form 10), acreditor may do one or more of the following:
(a)ask the registrar to issue an order for seizure and sale undersubrule (12);
(b)ask for a payment hearing under Rule 12 (3);
(c)ask a judge or registrar to issue a garnishing order underthe Court Order Enforcement Act;
(d)ask for a default hearing under Rule 13 (2), if the debtordefaults in making payments under a payment schedule;
(e)enforce the order by any other means permitted by law.
[en. B.C.Reg. 148/97, s. 12.]
When anorder for seizure and sale may be issued
(12)The registrar may issue an order for seizure and sale (Form 11) ifa creditor completes the form, following the instructions on the form, andfiles it at the registry.
[en. B.C.Reg. 148/97, s. 12.]
How longan order for seizure and sale is in effect
(13)If an order for seizure and sale has not been enforced within12 months after it was issued, it expires but the creditor may ask theregistrar to issue another one.
[en. B.C.Reg. 148/97, s. 12.]
If adebtor does not obey a payment schedule
(14)If a debtor defaults on the payments under a payment schedule,
(a)the balance of the money required to be paid under the paymentorder becomes due immediately, and
(b)the creditor may collect the entire amount by taking any of thesteps listed in subrule (11).
[en. B.C.Reg. 148/97, s. 12.]
If adecision is reserved
(15)If a payment order is made in the absence of the parties becausethe judge reserved the decision,
(a)the creditor may take any of the steps listed insubrule (11), and
(b)the debtor may ask for a payment hearing underRule 12 (10).
[en. B.C.Reg. 148/97, s. 12.]
If apayment order is made in favour of a young person
(16)If a payment order is made in favour of a person under 19 years ofage, a judge may order the amount payable under the order to be paid to thePublic Guardian and Trustee for that person.
[en. B.C.Reg. 148/97, s. 12; am. B.C. Reg. 172/2003, s. 4.]
Collectionwhile payment hearing outstanding
(17)If a summons to a payment hearing has been filed, the creditor maynot take any other steps to collect payment until
(a)the payment hearing has concluded, or
(b)the summons has been withdrawn or cancelled.
[en. B.C.Reg. 148/97, s. 12.]
Collectionafter warrant for arrest ordered
(18)If a warrant is issued for the arrest of a debtor or of an officer,director or employee of a corporate debtor, the creditor may take any steps tocollect payment due under a payment order as if a payment hearing hadconcluded.
[en. B.C.Reg. 148/97, s. 12.]
Rule 12 — Payment Hearing
Purposeof a payment hearing
(1)The purpose of a payment hearing is to allow a judge or justice ofthe peace to
(a)assess the debtor's ability to pay, and
(b)consider whether a payment schedule should be ordered.
[am. B.C.Reg. 148/97, s. 13.]
Partiesmay request a payment hearing
(2)A payment hearing will be held if it is
(a)requested by the creditor under subrule (3),
(b)requested by the debtor under subrule (10), or
(c)ordered by the judge under Rule 11 (5) (a).
[am. B.C.Reg. 148/97, s. 12.]
How acreditor asks for a payment hearing
(3)To ask for a payment hearing, a creditor must complete a summons(Form 12), following the instructions on the form, and file it at theregistry.
When acreditor is not allowed to ask for a payment hearing
(4)A creditor who has an order for seizure and sale outstandingagainst the debtor may not ask for a payment hearing without the permission ofa judge (see Rule 16 (7)).
If thedebtor is a company
(5)If the debtor is a company, an officer, director or employee ofthe company may be summoned to the payment hearing.
If thedebtor is a partnership
(6)If the debtor is a partnership, a partner may be summoned to thepayment hearing.
Serviceof the summons
(7)A person named in a summons to a payment hearing must be served byleaving the summons with the person at least 7 days before the date of thepayment hearing.
Summonsmay be cancelled if wrong person summoned
(8)A person who is served with a summons to a payment hearing mayapply to a judge (see Rule 16 (7)) who may
(a)cancel the summons if the person is not the right person toprovide information on behalf of the debtor, and
(b)direct the registrar to issue a new summons to someone who is theright person to provide the information.
What aperson must bring
(9)A debtor or the person summoned may be required, either by asummons issued under subrule (3) or by the judge when ordering a paymenthearing, to bring to the payment hearing any records and other things thatrelate to the subjects listed in subrule (12).
If adebtor asks for a payment hearing
(10)To ask for a payment hearing, a debtor must complete a notice (Form 13),following the instructions on the form, and file it at the registry.
Serviceof notice on creditor
(11)The debtor must serve the notice on the creditor at least 7 daysbefore the date of the payment hearing.
Whathappens at a payment hearing?
(12)At any payment hearing under these rules, evidence may be heardabout any of the following:
(a)the income and assets of the debtor;
(b)the debts owed to and by the debtor;
(c)any assets that the debtor has disposed of since the claim arose;
(d)the means that the debtor has, or may have in the future, ofpaying the amount owed.
A paymentschedule may be ordered
(13)After hearing the evidence and submissions by the parties, thejudge or justice of the peace may order a payment schedule specifying
(a)the date by which the debt must be paid, or
(b)the amounts and dates of the instalments.
[am. B.C.Reg. 148/97, s. 12.]
If acreditor does not attend
(14)If a creditor does not attend a payment hearing, the judge orjustice of the peace may hold the hearing, cancel it or postpone it.
[am. B.C.Reg. 148/97, s. 12.]
Ifsomeone summoned or ordered to attend does not attend
(15)If a creditor asks, a judge or justice of the peace may issue a warrant(Form 9) for the arrest of a person who does not attend a payment hearing andwho was
(a)served with a summons to attend, or
(b)ordered in person by a judge or justice of the peace to attend.
[am. B.C.Reg. 148/97, s. 12.]
Rule 13 — Default Hearing
When acreditor may ask for a default hearing
(1)A creditor may ask the registrar for a default hearing if thedebtor does not obey a payment schedule that was
(a)made in an order under Rule 7 (14) (c) (at a settlementconference),
(a.1)made in an order under Rule 7.5 (14) (b) (at a trial conference),
(b)made under Rule 11 (4) (at the trial),
(c)made under Rule 12 (13) (at a payment hearing), or
(d)changed under Rule 17 (3).
[am. B.C.Reg. 360/2007, s. 12.]
How toask for a default hearing
(2)To ask for a default hearing, the creditor must complete a summons(Form 14), following the instructions on the form, and file it at theregistry.
If thedebtor is a company
(3)If the debtor is a company, an officer, director or employee ofthe company may be summoned to the default hearing.
If thedebtor is a partnership
(4)If the debtor is a partnership, a partner may be summoned to thedefault hearing.
Serviceof the summons
(5)A person named in a summons to a default hearing must be served bya court bailiff or sheriff leaving the summons with the person at least7 days before the date of the default hearing.
What aperson must bring
(6)A person who is served with a summons to a default hearing mustbring to the hearing any records and other things required by the summons.
What thejudge may do at a default hearing
(7)At a default hearing, the judge may
(a)confirm the terms of a payment schedule or other order, or
(b)change the terms of a payment schedule or other order in anymanner that the judge thinks is fair to the debtor and the creditor.
Judge mayorder debtor imprisoned
(8)The judge may issue a warrant (Form 15) requiring the debtor to beimprisoned for a specified period of not more than 20 days if
(a)the debtor has not obeyed a payment schedule, and
(b)the debtor's explanation, or failure to give an explanation, ofwhy the payment schedule has not been obeyed is considered by the judge toamount to contempt of court.
If aperson does not attend
(9)If the creditor asks, the judge may issue a warrant (Form 9) forthe arrest of a person who does not attend a default hearing and who was
(a)served with a summons to attend, or
(b)ordered in person by a judge to attend.
Rule 14 — Warrant of Arrest forNot Attending Court
Notice ofarrest
(1)If a warrant of arrest is issued under Rule 9 (7), 12 (15) or 13(9), the registrar must serve the person named in the warrant with a notice ofarrest.
What aperson may do after receiving a notice of arrest
(2)A person who is served with a notice of arrest may contact theregistrar to arrange to attend court voluntarily.
Sheriffor peace officer may arrest
(3)If a person who is served with a notice of arrest does notarrange, within 7 days after the date of service, to attend court voluntarily,a sheriff or peace officer may arrest the person.
Sheriffor peace officer must bring arrested person to court
(4)A sheriff or peace officer who arrests a person under subrule (3)must promptly bring the person to court.
What ajudge or justice of the peace may do
(5)If a person attends court voluntarily under subrule (2) or underarrest under subrule (3), the judge or justice of the peace may releasethe person and may order the person to attend on another date.
Cancellationof warrant
(6)If a person named in a warrant attends court voluntarily undersubrule (5), the warrant is cancelled.
If aperson fails to appear as ordered
(7)If a person has been ordered under subrule (5) to appear onanother date and the person does not appear as ordered, a judge may issue awarrant (Form 9) for the immediate arrest of the person.
How longthe warrant is in effect
(8)A warrant of arrest remains in force for 12 months from the dateof its issue, but at the end of that period it expires and no one may bearrested under it.
Rule 15 — If a Warrant ofImprisonment Is Issued
Imprisonment
(1)If a warrant of imprisonment is issued under Rule 13 (8) or 19(1), a sheriff or peace officer may arrest the person named in the warrant anddeliver that person to the director of a correctional centre referred to in thewarrant.
How longthe warrant is in effect
(2)A warrant of imprisonment remains in force for 12 months from thedate of its issue, but at the end of that period it expires and no one may beimprisoned under it.
Debtormay pay
(3)If a warrant of imprisonment is issued under Rule 13 (8), thedebtor may pay the amount stated in the warrant to the registrar or to asheriff, peace officer or warden who has custody of the person.
What theregistrar does after receiving payment
(4)If the money is paid to the registrar, the registrar must
(a)issue a receipt for the payment and then pay that amount to thecreditor, and
(b)if the debtor has not yet been arrested, cancel the warrant ofimprisonment.
Releaseafter payment
(5)A sheriff, peace officer or warden must release a debtorimprisoned under a warrant of imprisonment if the debtor
(a)pays the amount stated in the warrant, or
(b)shows a registrar's receipt for payment of the amount.
Money tobe given to the creditor
(6)A sheriff, peace officer or warden who receives money under thisrule must forward the money to the registrar for payment to the creditor namedin the warrant of imprisonment.
Imprisonmentdoes not cancel the debt
(7)Imprisonment under these rules does not cancel the debt or anyright of the creditor to take steps to collect it.
Rule 16 — Applications to the Court
Consentorders
(1)A registrar may make an order that all parties to a claim consentto if one of them
(a)files an application that contains the particulars of the orderrequested, and
(b)satisfies the registrar that their consent was given.
Someapplications may be granted without a hearing
(2)A registrar may make any of the following orders without ahearing:
(a)an order renewing a claim or a third party notice (see Rules 2 (7)and 5 (5.1));
(a.1)an order renewing a notice of civil resolution tribunal claim (seeRule 1.1 (17));
(b)an order changing the date of the settlement conference (see Rule7 (7));
(b.1)an order changing the date of a mediation session (see Rule 7.3(30));
(b.2)an order changing the date of a trial conference (see Rule 7.5 (5)or (6));
(c)an order extending the time for filing a certificate of readiness(see Rule 1.1 (49) or 7 (10));
(c.01)an order extending the time for filing acertificate of compliance (see Rule 1.1 (45);
(c.1)an order permitting a hearing to be conducted by telephone;
(c.2)Repealed. [B.C. Reg. 244/2015, Sch. 3, s. 7 (c).]
(c.3)an order authorizing a person to attend a mediation session bytelephone (see Rule 7.3 (25));
(c.4)an order changing the date of a trial (see Rule 9.1 (14) or 9.2(4));
(d)an order permitting service of a notice of claim outside BritishColumbia (see Rule 18 (6));
(e)an order permitting another method of service (see Rule 18 (8) (a)or (8.1) (a));
(f)an order exempting someone from paying fees (see Rule 20 (1));
(g)any other order that the registrar is authorized to make withoutnotice to another party.
[am. B.C.Regs. 148/97, s. 14; 172/2003, s. 5; 286/2005, s. 4 (a) and (b); 360/2007, s.13; 135/2015, Sch. 2, s. 3; 244/2015, Sch. 3, s. 7; 120/2017, Sch. 2, s. 41.]
How toapply to a registrar
(3)To apply for an order listed in subrule (2), a party must completean application (Form 16), following the instructions on the form, and fileit at the registry.
Registrarmay prepare the order or refer it to a judge
(4)The registrar may prepare, sign and record an order undersubrule (1) or (2) or Rule 11 (10) or may refer the applicationto a judge.
[am. B.C.Reg. 148/97, s. 14.]
What thejudge may do
(5)If the application is referred to a judge, the judge may make theorder or direct the applicant to appear before a judge to explain why the ordershould be made.
Someapplications require a hearing
(6)A judge may make any of the following orders after a hearing:
(a)an order changing the date of a trial (see Rule 4 (7) or 9 (6));
(b)an order permitting a third party claim to be made (see Rule 5(1));
(c)a default order if no reply to a counterclaim or third partynotice is filed (see Rule 6 (2)) or if an application is made under Rule 7.3(40);
(c.1)an order transferring a claim to the Supreme Court (see Rule 7.1(1) (a) and (2));
(c.2)an order extending the time for serving an offer to settle (seeRule 10.1 (1) (b));
(d)an order permitting a late reply to be filed (see Rule 6 (8));
(e)an order for a medical examination (see Rule 7 (12) or 7.5(13.1));
(f)an order setting a place for a trial (see Rule 7 (19));
(f.1)an order exempting a disputed claim from the application of Rule7.3 (see Rule 7.3 (29));
(f.2)a mediation compensation order (see Rule 7.3 (50) (b));
(f.3)Repealed. [B.C. Reg. 244/2015, Sch. 3, s. 8 (b).]
(g)an order cancelling a summons to witness (see Rule 9 (5));
(h)an order permitting a creditor to ask for a payment hearing (seeRule 12 (4));
(i)an order changing or cancelling an order made in the absence of aparty (see Rule 17 (1));
(j)an order cancelling a default order or dismissal order (see Rule17 (2)), and if the application is granted the judge may order payment of anyreasonable expenses of the other party related to the cancellation;
(k)an order changing or cancelling the terms of a payment schedule(see Rule 17 (3));
(k.1)an order postponing or adjourning a trial (see Rule 17 (5.1);
(l)an order extending or shortening a time limit (see Rule 17 (12));
(m)an order for failing to obey a rule (see Rule 17 (13));
(n)a review of a decision of a registrar (see Rule 17 (22));
(n.1)an order that a person make a deposit under section 56.3 ofthe Civil Resolution Tribunal Act (seeRule 1.1 (40) or (41));
(n.2)an order dismissing a claim if no deposit under section 56.3 ofthe Civil Resolution Tribunal Act ismade by a claimant (see Rule 1.1 (41.10));
(n.3)a default order if no deposit under section 56.3 of the Civil Resolution Tribunal Act ismade by a defendant under a counterclaim or under a third party notice or by athird party (see Rule 1.1 (41.12));
(o)any other order that a judge has the power to make and notice ofwhich is served on another party.
[am. B.C.Regs. 148/97, s. 14; 172/2003, s. 6; 286/2005, s. 4 (c) to (e); 360/2007, s.14; 135/2015, Sch. 2, s. 4; 244/2015, Sch. 3, s. 8; 120/2017, Sch. 2, s. 42;267/2018, s. 11.]
How toapply to a judge
(7)To apply for an order listed in subrule (6), other than subrule(6) (n.1), a party must complete an application (Form 17), following theinstructions on the form, and file it at the registry where the court file isunless the registrar allows the application to be filed at another registry(see subrule (8)).
[am. B.C.Reg. 120/2017, Sch. 2, s. 43.]
How toapply to a judge — subrule (6) (n.1)
(7.1)To apply for an order under subrule (6) (n.1), a party mustcomplete an application for deposit (Form 35), following the instructions onthe form, and file it at the registry where the court file is unless theregistrar allows the application to be filed at another registry (see subrule(8)).
[en. B.C.Reg. 120/2017, Sch. 2, s. 44.]
Applicationmay be filed at another registry
(8)A registrar may allow an application under subrule (7) or (7.1) tobe filed at another registry if
(a)all the parties agree, or
(b)the registrar is satisfied that the application is urgent.
[am. B.C.Reg. 120/2017, Sch. 2, s. 45.]
Applicantmust serve notice
(9)At least 7 days before the date set for hearing an applicationunder subrule (7) or (7.1), the applicant must serve a copy of the application,and the affidavit if required (see Rule 17 (2)), on each party that would beaffected by the order requested unless the application is for a default orderbecause no reply to a third party notice has been filed.
[am. B.C.Reg. 120/2017, Sch. 2, s. 45.]
Servicenot required in urgent cases
(10)If satisfied that an application is urgent, a registrar may allowan application to be made under subrule (6) even though the other partieshave not been served.
Where theapplication will be heard
(11)An application under subrule (7) or (7.1) will be heard at thecourt served by the registry where the court file is, except that the registrarmay allow it to be heard at another location of the court if
(a)all the parties agree, or
(b)the registrar is satisfied that the application is urgent.
[am. B.C.Reg. 120/2017, Sch. 2, s. 45.]
Rule 16.1 — Application forExemption from Adjudication of Claim by Civil Resolution Tribunal
How toapply for an order that civil resolution tribunal not adjudicate claim
(1)To apply for an order, under section 16.2 of the Civil Resolution Tribunal Act, thatthe civil resolution tribunal not adjudicate a tribunal small claim, a partymust complete an application for exemption (Form 36) following the instructionson the form.
[en. B.C.Reg. 120/2017, Sch. 2, s. 46; am. B.C. Reg. 267/2018, s. 12.]
Filing anapplication
(2)The applicant must file the application for exemption and pay therequired fee at the Small Claims Registry nearest to where
(a)the person against whom the tribunal small claim is made lives orcarries on business, or
(b)the transaction or event that resulted in the matter broughtbefore the civil resolution tribunal took place.
[en. B.C.Reg. 120/2017, Sch. 2, s. 46.]
Timelimit for filing application
(3)The application for exemption must be filed within 14 days afterthe date that a response under section 7 of the Civil Resolution Tribunal Act inrespect of the tribunal small claim was received or made by the applicant.
[en. B.C.Reg. 120/2017, Sch. 2, s. 46.]
Documentsto be filed with the application
(4)The applicant must file with the application for exemption thefollowing documents in respect of all tribunal small claims that were to beresolved in a single proceeding before the civil resolution tribunal:
(a)all initiating notices received by the applicant;
(b)all responses under section 7 of the Civil Resolution Tribunal Act receivedor made by the applicant.
[en. B.C.Reg. 120/2017, Sch. 2, s. 46.]
Applicantmust serve notice
(5)At least 7 days before the date set for hearing an applicationunder subrule (1), the applicant must serve a copy of the application on eachparty that would be affected by the order requested.
[en. B.C.Reg. 120/2017, Sch. 2, s. 46.]
Servicenot required in urgent cases
(6)If satisfied that an application is urgent, a registrar may allowan application to be made under subrule (5) even though the other parties havenot been served.
[en. B.C.Reg. 120/2017, Sch. 2, s. 46.]
Hearingsby telephone
(7)In addition to conducting the hearing of the application bytelephone under Rule 17 (16), a judge may conduct the hearing of theapplication, except if sworn evidence may be required, by telephone, if
(a)all parties consent, or
(b)the registrar is satisfied that no prejudice will be suffered byany party as a result of having the hearing conducted by telephone.
[en. B.C.Reg. 120/2017, Sch. 2, s. 46.]
Rule 17 — General
Changingor cancelling orders made in the absence of a party
other than dismissal orders or default orders
(1)A judge may change or cancel an order made in the absence of a partyother than dismissal orders or default orders if
(a)that party applies (see Rule 16 (7)) within a reasonable time, and
(b)there is a good reason for changing or cancelling the order.
Cancellingdismissal order or default order
(2)A judge may cancel a dismissal order or default order if
(a)the order was made
(i)in the absence of a party,
(ii)for failing to file a reply, or
(iii)for failing to make a deposit under section 56.3 of the Civil Resolution Tribunal Act, and
(b)the party applies (see Rule 16 (7)) and attaches to theapplication an affidavit containing
(i)the reason the party did not file a reply, attend the settlementconference, trial conference or trial or make a deposit under section 56.3 ofthe Civil Resolution Tribunal Act,
(ii)the reason for any delay if there has been delay in filing theapplication, and
(iii)the facts that support the claim or the defence.
[am. B.C.Regs. 360/2007, s. 15 (a); 267/2018, s. 13.]
Terms ofpayment schedule may be changed or cancelled
(3)The creditor or the debtor may apply to a judge (seeRule 16 (7)) to change or cancel the terms of payment in a paymentschedule and the judge may make any order that the judge thinks is fair.
Judge maymake orders subject to conditions
(4)In making an order under these rules, a judge may impose anycondition or give any direction that the judge thinks is fair.
Judge maycancel, postpone or adjourn trials and hearings
(5)A judge may cancel, postpone or adjourn a settlement conference,trial or hearing
(a)to a specified date,
(b)to a date to be set by the registrar, or
(c)without setting a date.
Postponementor adjournment of a trial
(5.1)A trial may only be postponed or adjourned
(a)under subrule (5), Rule 4 (7), Rule 7.5 (15), Rule 9 (6) or Rule9.1 (19), (22) (l) (i) or (24), or
(b)if a party applies to a judge under Rule 16 (7) and the judge issatisfied that
(i)the postponement or adjournment is unavoidable, and
(ii)an injustice will result to one of the parties if the trialproceeds.
[en. B.C.Reg. 146/98, s. 3; am. B.C. Reg. 360/2007, s. 15 (b).]
Fee topostpone or adjourn a trial
(5.2)A party who is notified of a trial date 45 or more days before thetrial date and who applies under subrule (5.1) (b) orRule 4 (7) to postpone or adjourn the trial must, if the postponementor adjournment is granted, pay the fee for resetting a trial unless
(a)the application is made 30 or more days before the trial date, or
(b)the claim is settled within the applicable period as described insubrule (5.3).
[en. B.C.Reg. 146/98, s. 3.]
Time topay fee to postpone or adjourn a trial
(5.3)The fee required by subrule (5.2) must be paid within
(a)the period of 14 days after the granting of the postponement oradjournment, or
(b)a longer period set by the registrar (see Rule 16 (3)).
[en. B.C.Reg. 146/98, s. 3.]
Failureto pay fee to postpone or adjourn a trial
(5.4)If a party fails to pay the fee required by subrule (5.2), a judgemay
(a)dismiss the claim if that party is the claimant,
(b)strike out the reply, counterclaim or third party notice and makea payment order if that party is a defendant, or
(c)make any other order the judge thinks is fair.
[en. B.C.Reg. 146/98, s. 3.]
Judge maychange place of a trial or hearing
(6)A judge may direct that a trial or hearing that is set for oneplace be held at another place.
Chiefjudge may change place of conferences and trials
(7)The chief judge may order that any and all settlement conferences,trial conferences and trials set at one place be heard at another place.
[am. B.C.Reg. 360/2007, s. 15 (c).]
Creditormay enforce order at another place
(8)The creditor may take steps to enforce a default order or apayment order at a registry other than where the court file is if
(a)that registry is nearest to where the debtor lives or carries onbusiness, and
(b)the creditor files at that registry a certified true copy of theorder and an affidavit stating the amount still owing.
When orderstake effect
(9)An order takes effect on the day it was made unless otherwiseordered by the judge or registrar who made the order.
First andlast days are not counted
(10)In calculating time under these rules or an order, the number ofdays between 2 events is counted by excluding the days on which thoseevents happen.
If thelast day is a holiday
(11)If the last day of a period of time for filing or serving a documentor doing any other thing under these rules or an order falls on a day when theregistry is closed, the time ends on the next day that the registry is open.
Judge mayextend or shorten times
(12)At any time, a judge may extend or shorten a time limit set bythese rules or by any order of the court, on the terms that the judge thinksare fair.
If aparty does not obey the rules
(13)A party who thinks that another party has not obeyed these rulesmay apply to a judge under Rule 16 (7) or at a hearing, and the judgemay make any order or give any direction that the judge thinks is fair.
Correctionof orders
(14)A judge may correct an accidental slip or omission in an order andmay add provisions on expenses, interest or anything else that was not but shouldhave been adjudicated on.
Judge hasregistrar's powers
(15)A judge may exercise any power or perform any duty given to aregistrar by these rules.
Hearingsby telephone
(16)A registrar, justice of the peace or judge may conduct a hearing,except a trial or a hearing where sworn evidence may be required, by telephone,if
(a)the party requesting the telephone hearing does not reside orcarry on business within a reasonable distance from the court location wherethe hearing is to occur, or
(b)exceptional circumstances exist.
[en. B.C.Reg. 148/97, s. 15.]
Applicationfor telephone hearing
(16.1)An application for a hearing by telephonemust be made under Rule 16 (3) to a registrar and, if granted, theregistrar
(a)must order that all documents relevant to the hearing be sent tothe court and the other parties before the hearing, and
(b)may order that the telephone call be made at the expense of theparty requesting the telephone hearing.
[en. B.C.Reg. 148/97, s. 15.]
Faxeddocuments
(17)A registrar may accept for filing any document, except a notice ofclaim, notice of civil resolution tribunal claim or a reply, that has beentransmitted to the registry by a fax machine.
[am. B.C.Reg. 120/2017, Sch. 2, s. 47.]
SupremeCourt Civil Rules
(18)Only the following Supreme Court Civil Rules apply to proceedingsunder the Small Claims Act:
(a)Rule 10-1 [Detention,Preservation and Recovery of Property];
(b)Rule 10-3 [Interpleader];
(c)Rule 13-2 (4) (only as to writs of delivery) and (7) [Enforcement of Orders];
(d)Rule 20-2 [PersonsUnder Disability], except Rule 20-2 (4);
(e)Rule 20-2 (4) (only as to personal injury cases).
[en. B.C.Reg. 146/2010, s. 1.]
Settlementsinvolving young persons
(19)A person (litigation guardian) who makes a claim for personalinjury on behalf of someone under 19 years of age must act by a solicitor andmay not settle the claim without the consent of the Public Guardian andTrustee.
[am. B.C.Reg. 172/2003, s. 7.]
How theparties may be represented
(20)Any party who wishes to be represented in court may be representedby a lawyer or an articled student, or
(a)if the party is a company, by a director, officer or authorizedemployee,
(b)if the party is a partnership, by a partner or an authorizedemployee, or
(c)if the party is using a business name, by the owner of thebusiness or any authorized employee.
Party mayappeal the registrar's decision
(21)If a party is dissatisfied with a decision of a registrar, theparty may apply (see Rule 16 (7)) to a judge for a review of theregistrar's decision.
What thejudge may do
(22)After hearing those parties who attend, the judge may confirm orchange the registrar's decision.
Rule 17.1 — Procedures in FaxFiling Pilot Project Registries
Definition
(1)In this rule:
"clerk" means a member of theregistry staff;
"fax filing pilot project registry" meansthe Chilliwack, Cranbrook, Dawson Creek, Kamloops, Kelowna, Nelson, Penticton, PrinceGeorge, Rossland, Salmon Arm, Smithers, Terrace, Vernon or Williams Lake SmallClaims registry.
[en. B.C.Reg. 10/2003, s. 1.]
Applicationof this rule
(2)Despite rule 17 (17) and subject to this rule, if a registry is afax filing pilot project registry, a registrar or clerk may accept any documentin a filing that has been transmitted to the registry by fax, except thefollowing:
(a)a certificate of service respecting an application for a defaultorder;
(b)a certificate of judgment under section 88 of the Court Order Enforcement Act;
(c)an order under section 76 of the Offence Act;
(d)Repealed. [B.C. Reg. 267/2018, s. 14.]
(e)a decision or order of the director under section 85 of the Residential Tenancy Act;
(e.1)a decision or order of the director under section 78 of the Manufactured Home Park Tenancy Act;
(f)a restitution order under section 741 of the Criminal Code.
[en. B.C.Reg. 10/2003, s. 1.]
When afax filing may be refused
(3)A registrar or clerk may refuse to accept a filing that istransmitted to a fax filing pilot project registry by fax for any one or moreof the following reasons:
(a)the filing is not accompanied by a fax cover sheet in Form 20;
(b)the filing relates to more than one claim;
(c)the filing and the fax cover sheet exceed 20 pages in length and theregistrar has not given leave;
(d)applicable registry services fees have not been paid;
(e)in the opinion of the registrar or clerk, the filing is illegibleand cannot be used by the court;
(f)the filing is incomplete;
(g)the filing should have been transmitted to another fax filingpilot project registry;
(h)the filing does not otherwise conform to practice and procedureunder these rules and any applicable enactment.
[en. B.C.Reg. 10/2003, s. 1.]
When afax filing is filed
(4)A filing that is transmitted to a fax filing pilot projectregistry by fax and received by the registry fax machine will be filed as soonas is practicable, provided that it has not been refused under subrule (3).
[en. B.C.Reg. 10/2003, s. 1.]
When afax filing is considered to be filed
(5)A filing that is transmitted to a fax filing pilot projectregistry by fax is considered to be filed on the date stamped on it by a clerk.
[en. B.C.Reg. 10/2003, s. 1.]
Originalof fax filing may be required by judge
(6)A judge may require that the original of a document transmitted toa fax filing pilot project registry by fax in accordance with this rule beproduced.
[en. B.C.Reg. 10/2003, s. 1.]
Rule 18 — Other Rules aboutService and Proving Service
How toserve a notice of claim or notice of civil resolution tribunal claim on amunicipality
(1)If a defendant is a municipal corporation, regional district orother local government body, the notice of claim or notice of civil resolutiontribunal claim must be served by giving a copy to the clerk, deputy clerk orsome similar official.
[am. B.C.Reg. 120/2017, Sch. 2, s. 48.]
How toserve a notice of claim or notice of civil resolution tribunal claim on a youngperson
(2)If a defendant is under 19 years of age, the notice of claim ornotice of civil resolution tribunal claim must be served by leaving a copy ofthe notice with the defendant's mother, father or guardian unless a judgeorders otherwise.
[am. B.C.Reg. 120/2017, Sch. 2, s. 48.]
How toserve a society
(3)If the defendant is a society within the meaning of the Societies Act, thenotice of claim or notice of civil resolution tribunal claim must be served
(a)by mailing a copy of it by registered mail to the mailing addressof the society's registered office on file with the Registrar of Companies, or
(b)by leaving a copy of it
(i)at the delivery address of the society's registered office on filewith the Registrar of Companies, or
(ii)with a director, officer, receiver manager or liquidator of thesociety.
[am. B.C.Regs. 188/99, s. 2; 212/2015, Sch. 3, s. 4 (a) to (c); 120/2017, Sch. 2, s.48.]
How toserve an extraprovincial non-share corporation
(4)If the defendant is an extraprovincial non-share corporationwithin the meaning of the Societies Act, thenotice of claim or notice of civil resolution tribunal claim must be served
(a)in accordance with section 176 of that Act,
(b)by mailing a copy of it by registered mail to the mailing addressfor an attorney, referred to in section 170 of that Act, of the extraprovincialnon-share corporation on file with the Registrar of Companies, or
(c)if neither paragraph (a) nor (b) of this subrule applies, byfollowing subrule (3) (b) (ii).
[en. B.C.Reg. 212/2015, Sch. 3, s. 4 (d); am. B.C. Reg. 120/2017, Sch. 2, s. 48.]
How toserve an unincorporated association and trade union
(5)If the defendant is an unincorporated association, including atrade union, the notice of claim or notice of civil resolution tribunal claimmust be served
(a)by mailing a copy of it by registered mail to the registeredoffice of the association, or
(b)by leaving a copy of it with an officer of the association, or inthe case of a trade union, with a business agent.
[am. B.C.Regs. 188/99, s. 2; 120/2017, Sch. 2, s. 48.]
Serviceof a notice of claim or notice of civil resolution tribunal claim outsideBritish Columbia
(6)A notice of claim or notice of civil resolution tribunal claim maybe served on a person outside British Columbia if
(a)the person is
(i)an individual who normally resides in British Columbia, or
(ii)a corporation that has assets in British Columbia but is incorporatedoutside British Columbia and is not an extraprovincial company,
(b)the transaction or event that resulted in the claim took place inBritish Columbia, or
(c)the registrar gives permission (see Rule 16 (3)).
[en. B.C.Reg. 188/99, s. 2; am. B.C. Reg. 120/2017, Sch. 2, s. 48.]
How toserve a corporation outside British Columbia
(6.1)A notice of claim or notice of civil resolution tribunal claimauthorized under subrule (6) to be served on a corporation outside BritishColumbia must be served
(a)by mailing a copy of it by registered mail to a place of businessor registered office of the corporation outside British Columbia, or
(b)by leaving a copy of it
(i)at a place of business or registered office of the corporationoutside British Columbia with a receptionist or a person who appears to manageor control the corporation's business, or
(ii)with a director, officer, liquidator, trustee in bankruptcy orreceiver manager of the corporation.
[en. B.C.Reg. 188/99, s. 2; am. B.C. Reg. 120/2017, Sch. 2, s. 48.]
Timelimits on a notice of claim served outside British Columbia
(7)Before a notice of claim is served outside British Columbia, theclaimant must put the time limit for filing a reply from outside BritishColumbia on the notice of claim (see Rule 3 (4)) and file a copy,with that time limit on it, at the registry.
Timelimits on a notice of civil resolution tribunal claim served outside BritishColumbia
(7.1)Before a notice of civil resolution tribunal claim is servedoutside British Columbia, the claimant must put the time limit for filing areply from outside British Columbia on the notice of civil resolution tribunalclaim (see Rule 1.1 (23)) and file a copy, with that time limit on it, at theregistry.
[en. B.C.Reg. 120/2017, Sch. 2, s. 49.]
If thereis difficulty finding a defendant
(8)If a notice of claim cannot be served under Rule 2, the claimantmay apply to the registrar (see Rule 16 (3)) who may
(a)permit another method of service to be used, and
(b)set the time limit for filing a reply.
If thereis difficulty finding a defendant for service of a notice of civil resolutiontribunal claim
(8.1)If a notice of civil resolution tribunal claim cannot be servedunder Rule 1.1 (10) to (17), the claimant may apply to the registrar (see Rule16 (3)) who may
(a)permit another method of service to be used, and
(b)set the time limit for filing a reply.
[en. B.C.Reg. 120/2017, Sch. 2, s. 49.]
Whenanother service method is permitted
(9)If another method of service is permitted, a copy of theregistrar's order must be served with the notice of claim or notice of civilresolution tribunal claim unless the registrar
(a)orders otherwise, or
(b)orders notice to be given by advertisement.
[am. B.C.Reg. 120/2017, Sch. 2, s. 48.]
Effect ofusing another service method
(10)A notice of claim or notice of civil resolution tribunal claimthat is served as permitted by a registrar's order is validly served.
[am. B.C.Reg. 120/2017, Sch. 2, s. 48.]
Notice byadvertisement
(11)If a registrar permits notice to be given by advertisement, theparty who obtained the order must pay for the advertisement.
Serviceof other documents or notices
(12)Any document may be served on a person
(a)by following
(i)Rule 2, if the person is not a corporation referred to in subparagraph(ii), or
(ii)subrule (6.1), if the person is a corporation incorporated outsideBritish Columbia but is not an extraprovincial company,
unlessthe document is a summons to a payment hearing or to a default hearing,
(b)by mailing it by ordinary mail to the person's address, unless thedocument is a notice of claim, a notice of civil resolution tribunal claim, athird party notice or a summons to a payment hearing or to a default hearing(see Rules 1.1 (10) to (17), 2, 5 (4), 12 (7) and 13 (5)), or
(c)in accordance with Rules 4-2 (6) and 23-3 (17) and (18) of theSupreme Court Civil Rules as those Rules apply under Rule 22 (1) of theseRules.
[am. B.C.Regs. 188/99, s. 2; 133/2005, s. 1; 146/2010, s. 2; 120/2017, Sch. 2, s. 50.]
Whenservice by mail is effected
(13)A document that is served by ordinary mail is presumed to havebeen served 14 days after it was mailed unless there is evidence to thecontrary.
Writtenproof of service
(14)Service of a document may be proved by filing the following at theregistry:
(a)for personal service of a document except a summons to a paymenthearing, a certificate of service (Form 4), with a copy of the documentattached;
(b)for service by registered mail, a certificate of service(Form 4) with attached to the certificate
(i)a copy of the document, and
(ii)one of the following:
(A)a copy, produced by fax or otherwise, of the signature obtained byCanada Post at the time the document was delivered;
(B)a print-out of the delivery confirmation made available on the Internetby Canada Post;
(c)for service by ordinary mail, a certificate of service(Form 4), with a copy of the document attached;
(d)for personal service on a lawyer or articled student, a copy ofthe document signed by the lawyer or student or by a partner or employee of thefirm;
(e)for personal service of a summons to a payment hearing, anaffidavit of service.
[am. B.C.Regs. 148/97, s. 16; 188/99, s. 2.]
Oralproof of service
(15)Instead of requiring proof of service under subrule (14), a judgeor registrar may allow a person to prove by sworn oral evidence that the personhas personally served a document.
Change ofaddress
(16)A party must promptly notify, in writing, the registrar and allother parties of any change in the party's address.
Addressfor service
(17)A party must, on the claim or reply, give the party's address forservice which must be
(a)the party's residence, place of business or solicitor's office, ifthe party is not incorporated and not a partnership, or
(b)its registered office, place of business or solicitor's office ifthe party is incorporated or is a partnership.
Rule 19 — Contempt
Consequencesof refusing to comply at a hearing
(1)If a person at a hearing before a judge
(a)refuses to be sworn, or to affirm or to answer a question,
(b)refuses to produce a record or other evidence,
(c)does not obey a direction of the judge, or
(d)repeatedly fails to attend court when summoned or ordered to do soand does not provide adequate reasons for failing to attend,
the judge may issue awarrant (Form 15) requiring the person to be imprisoned for a specified periodof not more than 3 days.
If theclaimant or applicant refuses to comply
(2)If a person who does anything referred to in subrule (1) is
(a)the claimant or applicant,
(b)an officer, director or employee who is an authorizedrepresentative of the claimant or applicant, or
(c)a partner or a manager of a partnership that is the claimant orapplicant,
the judge may dismiss theclaim or application.
If thedefendant or third party refuses to comply
(3)If a person who does anything referred to in subrule (1) is
(a)the defendant or a third party,
(b)an officer, director or employee who is an authorizedrepresentative of the defendant or a third party, or
(c)a partner or a manager of a partnership that is the defendant orthird party,
the judge may continuewith the proceeding as if no reply had been filed.
Releasefrom imprisonment for contempt
(4)A person imprisoned under subrule (1) or Rule 13 (8) may apply toa judge who may order the person to be released on the conditions set by thejudge.
Rule 20 — Fees and Expenses
If aperson cannot afford the fees
(1)Anyone who cannot afford the fees payable for registry servicesunder Schedule A may apply to the registrar (see Rule 16 (3)),to be exempted from paying the fees.
Successfulparty to receive filing and service fees
(2)An unsuccessful party must pay to the successful party thefollowing expenses, unless a judge or registrar orders otherwise:
(a)any fees the party paid for filing any documents;
(b)reasonable amounts the party paid for serving any documents;
(c)any other reasonable charges or expenses that the judge orregistrar considers directly relate to the conduct of the proceeding.
Determinationof expenses
(3)A judge may determine the amount of the expenses that are payableunder subrule (2) or refer the matter to the registrar.
Registrar'sdetermination
(4)If a judge refers the matter to the registrar, the registrar mustdetermine the amount of expenses as soon as practicable.
A judgemay order a penalty
(5)A judge may order a party to pay the other party up to 10% of theamount claimed or the value of the claim or counterclaim if the party made aclaim, counterclaim or reply and proceeded through trial with no reasonablebasis for success.
Compensationfor unnecessary expenses
(6)A judge may order a party or witness whose conduct causes anotherparty or witness to incur expenses to pay all or part of those expenses.
Compensationfor collection expenses
(7)To compensate a creditor for the cost of collecting payment dueunder a default order or payment order, a registrar may order the debtor to payexpenses, limited to those in Schedule A.
Rule 21 — Use of Forms
Forms arein Schedule B
(1)The forms in Schedule B must be used in accordance with theserules and the instructions on the forms.
Registrarmay refuse to accept improper forms
(2)A registrar may refuse to accept a document for filing if it is
(a)not in the form required by these rules, or
(b)not completed according to the instructions on that form.
Rule 22 — Electronic Filing Rule
Applicationof Supreme Court Civil Rules
(1)Rules 4-2 (6) and 23-3 (1) to (3), (4) (a), (6) to (11), (12) to(14) and (16) to (18) of the Supreme Court Civil Rules apply to a claim underthese rules.
[en. B.C.Reg. 146/2010, s. 3.]
Qualifications
(2)For the purposes of subrule (1) of this rule,
(a)a reference to Form 119 in Rule 23-3 (6) of the Supreme CourtCivil Rules, as that rule applies under subrule (1) of this rule, is deemed tobe a reference to Form 28 of these rules, and
(b)a reference to affidavits in Rule 23-3 (11) of the Supreme CourtCivil Rules, as that rule applies under subrule (1) of this rule, is deemed toexclude reference to affidavits of service under these rules.
[en. B.C.Reg. 146/2010, s. 3.]
Originaldocuments
(3)A document that has been transmitted for filing electronicallyunder subrule (1) may be treated by the registry for all purposes as anoriginal document.
[en. B.C.Reg. 133/2005, s. 2.]
Repealed
(4)Repealed. [B.C. Reg. 192/2007, s. (b).]
 楼主| 发表于 9/18/2017 00:06:04 | 显示全部楼层
Rule 2 — Serving a Notice of Claim
Who must be served?
(1)   The claimant must serve each defendant named in the notice of claim with
(a) the defendant's copy of the notice, and
(b) a blank reply form (Form 2).
How to serve an individual
(2)   If the defendant is an individual, the notice of claim must be served by
(a) leaving a copy of it with the defendant, or
(b) mailing a copy of it by registered mail to the defendant.
[am. B.C. Reg. 188/99, s. 1.]
How to serve a company
(3)   If the defendant is a company within the meaning of the Business Corporations Act, the notice of claim must be served,
(a) if the company has a registered office,
(i)  by delivering a copy of the notice of claim to the delivery address shown for that registered office in the office of the Registrar of Companies, or
(ii)  by mailing a copy of the notice of claim by registered mail to the mailing address shown for that registered office in the office of the Registrar of Companies,
(b) if the company's registered office has been eliminated, in the manner ordered by the court, or
(c) in either case, by leaving a copy of the notice of claim
(i)  at the place of business of the company, with a receptionist or a person who appears to manage or control the company's business there, or
(ii)  with a director, officer, liquidator, trustee in bankruptcy or receiver manager of the company.
[en. B.C. Reg. 428/2004, s. 2.]
How to serve an extraprovincial company
(4)   If the defendant is an extraprovincial company within the meaning of the Business Corporations Act, the notice of claim must be served
(a) by delivering a copy of it to the delivery address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,
(b) by mailing a copy of it by registered mail to the mailing address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,
(c) by mailing a copy of it by registered mail to the mailing address shown in the office of the Registrar of Companies for any attorney appointed for the extraprovincial company under Division 2 of Part 11 of the Business Corporations Act,
(d) by leaving a copy of it with the attorney, or
(e) if no attorney has been appointed, by following subrule (3) (c).
[en. B.C. Reg. 428/2004, s. 2.]
How to serve a partnership
(5)   If the defendant is a partnership, the notice of claim must be served by mailing a copy of it by registered mail to a partner, or by leaving a copy of it
(a) with a partner,
(b) at a place of business of the partnership, with a person who appears to manage or control the partnership business there, or
(c) with a receptionist who works at a place of business of the partnership.
[am. B.C. Reg. 188/99, s. 1.]
Other service rules — see Rule 18
(6)   The provisions in Rule 18 apply if
(a) the defendant is a municipality, a person under 19, a society, an extraprovincial society, or an unincorporated association including a trade union,
(b) the claimant needs to serve the notice of claim on a person outside British Columbia, or
(c) the claimant is having difficulty serving the defendant.
[am. B.C. Reg. 188/99, s. 1.]
Time limit for service
(7)   If a notice of claim has not been served within 12 months after it was filed it expires, but the claimant may apply to have it renewed (see Rule 16 (3)).

 楼主| 发表于 9/18/2017 00:09:38 | 显示全部楼层
Rule 3 — Replying to a Claim
What are a defendant's options?
(1)   A defendant who receives a notice of claim may do any one or more of the following:
(a) pay the amount claimed directly to the claimant and ask the claimant to withdraw the claim (see Rule 8);
(b) admit all or part of the claim;
(c) admit all or part of the claim and propose a payment schedule (see Rule 11 (4));
(d) oppose all or part of the claim by listing reasons why the claim is opposed;
(e) make a counterclaim against the claimant (see Rule 4).
[am. B.C. Reg. 148/97, s. 2.]
How does a defendant reply?'
(2)   To do anything set out in subrule (1) (b) to (e), a defendant must complete a reply (Form 2) following the instructions on the form.
Where does a defendant file a reply?
(3)   A defendant must file a reply at the registry where the notice of claim was filed and, except where the defendant has agreed to pay all of the claim, pay the required fee.
Time limit for replying
(4)   If a notice of claim is served on a defendant, the reply must be filed
(a) within 14 days after service if the defendant was served in British Columbia or within 30 days after service if the defendant was served outside British Columbia, and
(b) before the registrar has made a default order or set a date for a hearing.
How a reply is served
(5)   Within 21 days after a reply is filed, the registrar must serve a copy on each of the other parties.
How an admission is accepted
(6)   If a defendant admits in a reply all or part of the claim, the claimant may accept the admission in full settlement of the claim, interest and expenses by filing, before the settlement conference, mediation session or trial conference, a payment order in the same terms as the admission.
[en. B.C. Reg. 148/97, s. 2; am. B.C. Reg. 360/2007, s. 2.]

 楼主| 发表于 9/18/2017 00:15:45 | 显示全部楼层
Rule 4 — Making a Claim Against a Claimant
Making a counterclaim
(1)   A defendant may make a counterclaim against the claimant in the reply (Form 2) by
(a) following the instructions on the form, and
(b) paying the required fee.
[en. B.C. Reg. 148/97, s. 3.]
When a counterclaim is served
(2)   A counterclaim is served on a claimant when a copy of the reply containing the counterclaim is served under Rule 3 (5).
What are the claimant's options?
(3)   A claimant who is served with a reply containing a counterclaim may do one or more of the following:
(a) pay the amount of the counterclaim directly to the defendant and ask the defendant to withdraw the counterclaim;
(b) admit all or part of the counterclaim;
(c) admit all or part of the counterclaim and propose a payment schedule (see Rule 11 (4));
(d) oppose all or part of the counterclaim by listing reasons why the counterclaim is opposed.
[en. B.C. Reg. 148/97, s. 4.]
How a claimant replies
(3.1)   To do anything set out in subrule (3) (b) to (d), a claimant must
(a) complete a reply (Form 2) following the instructions on the form,
(b) within 14 days after being served with the counterclaim, file the reply in the registry where the notice of claim was filed, and
(c) pay the required fee unless the claimant has agreed to pay all of the counterclaim.
[en. B.C. Reg. 148/97, s. 4.]
How an admission is accepted
(3.2)   If a claimant admits in a reply all or part of a counterclaim, the defendant may accept the admission in full settlement of the counterclaim, interest and expenses by filing, before the settlement conference, mediation session or trial conference, a payment order in the same terms as the admission.
[en. B.C. Reg. 148/97, s. 4; am. B.C. Reg. 360/2007, s. 2.]
If a counterclaim is for more than $25 000
(4)   A defendant who has a counterclaim amounting to more than $25 000, not including interest and expenses, may
(a) abandon part of the counterclaim so it may be heard in the court, or
(b) begin an action in the Supreme Court.
[am. B.C. Reg. 179/2005, s. (b).]
How to abandon part of a counterclaim
(5)   To abandon part of a counterclaim, the defendant must say on the counterclaim part of the reply that the amount over $25 000 is abandoned.
[am. B.C. Reg. 179/2005, s. (b).]
The effect of abandoning part of a counterclaim
(6)   A defendant who abandons part of a counterclaim may not at any time sue for that part.
If a defendant begins a Supreme Court action
(7)   A defendant who begins an action in the Supreme Court against a claimant may apply to a Provincial Court judge for an order changing the date of the small claims trial (see Rule 16 (7)).
If the small claims trial is held first
(8)   If the small claims trial is held and a payment order or other order is made against the defendant, the judge may order the claimant not to take any action to enforce the order
(a) until a date set by the judge, or
(b) until a decision is given by the Supreme Court on the defendant's action,
whichever comes first.
If a claimant has already abandoned part of a claim
(9)   If a defendant begins an action in the Supreme Court against a claimant who has abandoned part of a claim under Rule 1 (5), the claimant may withdraw the claim from the Provincial Court and
(a) begin an action in the Supreme Court and claim the higher amount, or
(b) participate in the action begun by the defendant in the Supreme Court and claim the higher amount.

 楼主| 发表于 9/18/2017 00:16:57 | 显示全部楼层
Rule 5 — Third Parties
If a defendant thinks someone else should pay the claim
(1)   If a defendant who has filed a reply thinks another person should pay all or part of the claim, the defendant may make a claim against the other person by
(a) completing a third party notice (Form 3), following the instructions on the form if a settlement conference has not been held, or
(b) applying to a judge for an order permitting a claim to be made against the other person if a settlement conference, mediation session or trial conference has been held (see Rule 16 (7)).
[am. B.C. Reg. 360/2007, s. 3 (a).]
Filing a third party notice
(2)   The defendant must file a third party notice at the registry where the notice of claim was filed and pay the required fee.
[am. B.C. Reg. 146/98, s. 1.]
If the third party is a company
(2.1)   If the third party is a company within the meaning of the Business Corporations Act, the defendant must file with the third party notice a printout of a search showing the mailing address that is shown for the company's registered office in the office of the Registrar of Companies.
[en. B.C. Reg. 428/2004, s. 3.]
If the third party is a society
(2.2)   If the third party is a society incorporated under the Society Act, the defendant must file with the third party notice a printout of a search showing the most recent address of the society on file with the Registrar of Companies.
[en. B.C. Reg. 148/97, s. 5.]
What documents must be served on the third party?
(3)   The defendant must serve the person named as the third party with the following:
(a) a copy of the third party notice;
(b) a blank reply form;
(c) a copy of the notice of claim;
(d) a copy of the reply to the notice of claim;
(e) a copy of the notice of settlement conference, mediation session, trial conference or trial, if one has been issued.
[am. B.C. Regs. 148/97, s. 5; 360/2007, s. 3 (b).]
How to serve the third party
(4)   The defendant must serve the documents referred to in subrule (3) on the third party in the same way as required for service of a notice of claim (see Rule 2).
Filing a certificate of service
(5)   Within 30 days after filing a third party notice, the defendant must file a certificate of service (Form 4) at the registry to prove that the documents have been served as required, unless the third party has filed a reply.
[am. B.C. Reg. 148/97, s. 5.]
If a certificate of service is not filed within 30 days
(5.1)   If a certificate of service is not filed in accordance with subrule (5), the third party notice expires but the defendant may apply to have it renewed (see Rule 16 (3)).
[en. B.C. Reg. 148/97, s. 5.]
Notifying the other parties
(6)   The registrar must serve a copy of the third party notice on each of the other parties within 21 days after it is filed.
How a third party replies
(7)   To reply to a third party notice, the person named as a third party must follow the rules for replying to a claim (see Rule 3).
What a judge may do
(8)   If a third party has been named, a judge may make an order between any of the parties.
Another settlement conference must be held
(9)   If a third party files a reply after a settlement conference or trial conference another settlement conference or trial conference must be held, unless a judge orders otherwise.

 楼主| 发表于 9/18/2017 00:17:31 | 显示全部楼层
Rule 6 — If a Defendant Does Not Reply to a Claim
A claimant may ask for a default order
(1)   If a defendant does not file a reply within the time limit (see Rule 3 (4)), the claimant may ask the registrar for a default order.
Judge's permission needed in certain cases
(2)   No default order will be made on a counterclaim or third party notice, except under Rule 16 (6) (c).
How to ask for a default order
(3)   To ask for a default order under subrule (1), a claimant must complete Form 5, following the instructions on the form, file it at the registry where the notice of claim was filed, together with a copy of the certificate of service (Form 4) for the notice of claim, and pay the required fee.
[am. B.C. Regs. 148/97, s. 6; 146/98, s. 2.]
If a claim is for a debt
(4)   If a claim is for a debt and the claimant completes the steps in subrule (3), the registrar must make a default order requiring the defendant to pay immediately the amount claimed plus expenses under Rule 20 (2) and any interest the claimant is entitled to.
If a claim is not for a debt
(5)   If a claim is not for a debt and the claimant completes the steps in subrule (3), the registrar must set a date for a hearing before a judge.
If there are other defendants
(6)   If any other defendant has filed a reply and a date is set for a settlement conference, trial conference or trial of the claim, the hearing must be held at that time, unless a judge orders otherwise.
[am. B.C. Reg. 360/2007, s. 4.]
No notice of hearing
(7)   A defendant who has not filed a reply is not entitled to receive notice of a hearing under this rule.
A defendant loses the right to reply
(8)   After a date is set for a hearing under this rule, a defendant may not file a reply without the permission of a judge (see Rule 16 (7)).
Purpose of hearing
(9)   The purpose of a hearing under this rule is to allow a judge to determine
(a) the amount the claimant is entitled to, if the claim is for money, and
(b) the terms of an appropriate order, in any other case.
Result of hearing
(10)   After hearing the claimant, the judge may,
(a) if the claim is for money, make a default order that requires the defendant to pay immediately the amount determined by the judge plus expenses under Rule 20 (2) and any interest the claimant is entitled to, and
(b) in any other case, make the appropriate order.
If a claimant does not attend
(11)   If a claimant does not attend at the time set for a hearing under this rule, the judge may cancel the hearing, but the claimant may ask the registrar to reschedule it.
How payment may be collected
(12)   The creditor may collect payment under a default order by taking any of the steps listed in Rule 11 (11).

 楼主| 发表于 9/18/2017 00:19:19 | 显示全部楼层
本帖最后由 郭国汀 于 9/18/2017 00:20 编辑

Rule 7 — The Settlement Conference
Settlement conference
(1)   Before a trial date is set, a settlement conference will be held at the time and place set by the registrar.
Settlement conference not required
(2)   Despite subrule (1), a settlement conference will not be held if
(a) Rule 7.4, 7.5, 9.1, or 9.2 applies to the claim, or
(b) the claim relates to a motor vehicle accident and only liability for property damage is disputed.
[en. B.C. Reg. 360/2007, s. 5.]
Some motor vehicle accident cases proceed directly to trial
(2.1)   If subrule (2) (b) applies to the claim, the registrar must set the claim for trial and send a notice of trial to the parties.
[en. B.C. Reg. 360/2007, s. 5.]
Notice of settlement conference
(3)   The registrar must serve a notice of settlement conference (Form 6) on the parties at least 14 days before the date set for the settlement conference.
Who must attend
(4)   All parties must attend the settlement conference and have authority to settle the claim, and may be accompanied by a lawyer or articled student, except the defendant need not attend if
(a) the claim results from a motor vehicle accident,
(b) the defendant is disputing the amount of the claim but not liability, and
(c) a person appointed by the Insurance Corporation of British Columbia attends instead of the defendant.
What the parties must bring
(5)   Each party to a claim must bring to the settlement conference all relevant documents and reports.
[en. B.C. Reg. 148/97, s. 7.]
Expenses for attending settlement conference unprepared
(6)   If a settlement conference cannot be conducted properly because a party is not prepared for it, a judge may order that party to pay the reasonable expenses of the other party or parties.
How to change a settlement conference date
(7)   A party may change a settlement conference date by
(a) filing a consent to change the date under Rule 16 (1), or
(b) applying for an order changing the date of the settlement conference at least 7 days before the date set for the settlement conference, unless the registrar orders otherwise, and giving whatever notice to the other party that the registrar or judge requires.
Notice of change of date
(8)   If the date of the settlement conference is changed, the registrar must notify the parties of the place and time of the rescheduled conference.
Certificate to be filed in personal injury cases
(9)   In a claim for damages for personal injuries, the claimant must file at the registry, within 6 months after serving the notice of claim and before a settlement conference is held, a certificate of readiness (Form 7) that has attached copies of all
(a) medical reports, and
(b) records of expenses or losses incurred or expected.
[am. B.C. Reg. 148/97, s. 7.]
If the claimant is not ready to file certificate
(10)   A claimant who is not ready to file the certificate of readiness and attachments within the 6 month period may apply to the registrar (see Rule 16 (3)) to extend the time, before or after the 6 month period has expired.
Certificate must be served on other parties
(11)   Within 14 days after filing a certificate of readiness, the claimant must serve a copy of the certificate and attachments on each of the other parties.
Defendant may request a medical report
(12)   A defendant in a claim for damages for personal injuries may apply to a judge (see Rule 16 (7)) to order the claimant to attend a medical doctor for an examination, to be paid for by the defendant.
Report to be given to claimant and brought to settlement conference
(13)   After receiving the medical report from the doctor, the defendant must
(a) serve a copy of it on the claimant at least 7 days before the settlement conference, and
(b) bring a copy of it to the settlement conference.
What happens at a settlement conference
(14)   At a settlement conference, a judge may do one or more of the following:
(a) mediate any issues being disputed;
(b) decide on any issues that do not require evidence;
(c) make a payment order or other appropriate order in the terms agreed to by the parties;
(d) set a trial date, if a trial is necessary;
(e) discuss any evidence that will be required and the procedure that will be followed if a trial is necessary;
(f) order a party to produce any information at the settlement conference or anything as evidence at trial;
(g) order a party to
(i)  give another party copies of documents and records by a set date, or
(ii)  allow another party to inspect and copy documents and records by a set date;
(h) if damage to property is involved in the dispute, order a party to permit a person chosen by another party to examine the property damage;
(i) dismiss a claim, counterclaim, reply or third party notice if, after discussion with the parties and reviewing the filed documents, a judge determines that it
(i)  is without reasonable grounds,
(ii)  discloses no triable issue, or
(iii)  is frivolous or an abuse of the court's process;
(j) before dismissing a claim, counterclaim, reply or third party notice, order a party to file an affidavit setting out further information;
(k) Repealed. [B.C. Reg. 148/97, s. 7 (e).];
(l) make any other order for the just, speedy and inexpensive resolution of the claim.
[am. B.C. Reg. 148/97, s. 7.]
If a party does not comply with a disclosure order
(15)   If a party does not comply with an order under subrule (14) (f), (g), (h) or (j), a judge may at any time do one or more of the following:
(a) adjourn a settlement conference or trial and order that party to pay all the reasonable expenses incurred by any other parties as a result of the adjournment;
(b) order a trial to proceed without permitting that party to produce as evidence any information, document or records withheld as a result of the non-compliance;
(c) dismiss the claim, counterclaim, reply or third party notice.
[en. B.C. Reg. 148/97, s. 7.]
If a payment order is made
(16)   If a payment order is made at a settlement conference, Rule 11 (Payment of the Judgment) applies as though the payment order was made following a trial.
If a party does not attend
(17)   A judge may dismiss the claim or make a payment order or other appropriate order against a party who does not attend a settlement conference.
Notice of trial date
(18)   If a trial date is set at a settlement conference and a party is absent, the registrar must serve a notice of the trial date on that party unless the judge orders otherwise.
Place of the trial
(19)   All further steps in the claim, including the trial, will take place where the settlement conference is held except
(a) if a judge orders otherwise, or
(b) as provided in Rule 16 (11) and Rule 17 (8).
If a party does not comply with a settlement agreement
(20)   If a settlement is recorded on the court record as an agreement and not as a payment order and a party does not comply with the recorded terms of the agreement,
(a) the agreement is cancelled, and
(b) after filing an affidavit of non-compliance, the claimant may file a payment order in the amount that a judge directed at the settlement conference or, if no direction was made, in the amount of the claim.
[en. B.C. Reg. 148/97, s. 7.]
 楼主| 发表于 9/18/2017 00:24:05 | 显示全部楼层
Rule 7.1 — Transfers and Multiple Claims
Transfer of claim to Supreme Court
(1)   If satisfied that the monetary outcome of a claim (not including interest and expenses) may exceed $25 000, a judge must transfer the claim to the Supreme Court
(a) on application at any time, or
(b) on the judge's own motion at the settlement conference or trial.
[en. B.C. Reg. 148/97, s. 8; am. B.C. Reg. 179/2005, s. (b).]
Exception
(2)   Despite subrule (1), a claim must not be transferred to the Supreme Court if the claimant chooses to abandon the amount over $25 000 so that the claim may be heard in the Provincial Court.
[en. B.C. Reg. 148/97, s. 8; am. B.C. Reg. 179/2005, s. (b).]
Personal injury claims
(3)   Before transferring a claim for personal injury to the Supreme Court, a judge must consider any medical or other reports filed or brought to the settlement conference by the parties.
[en. B.C. Reg. 148/97, s. 8.]
Multiple claims
(4)   If more than one claimant has filed a notice of claim against the same defendant or defendants with respect to the same event, or if one claimant has filed notices of claim against more than one defendant with respect to the same event, the judge may
(a) hear at one time evidence that relates to all the claims,
(b) apply that evidence to all the claims, and
(c) make a decision in each of the claims,
even though the total monetary outcome of all the claims (not including interest and expenses) is likely to exceed $25 000.
[en. B.C. Reg. 148/97, s. 8; am. B.C. Reg. 179/2005, s. (b).]

 楼主| 发表于 9/18/2017 00:26:42 | 显示全部楼层
Rule 7.2 — Mediation for Claims up to $10 000
Definitions
(1)   In this rule:
"disputed claim" means a claim made by way of a notice of claim, counterclaim or third party notice and in respect of which a reply is filed opposing all or part of the claim;
"mediation coordinator" means, in respect of a disputed claim,
(a) the registrar of the mediation registry in which the disputed claim was filed, or
(b) any other person designated by the Justice Services Branch of the Ministry of Attorney General as the mediation coordinator;
"mediator" means, in respect of a disputed claim, the individual appointed as the mediator of the disputed claim under subrule (5);
"mediation registry" means a registry listed in Schedule C;
"mediation session" means a meeting between 2 or more parties to a disputed claim for the purpose of reaching, with the assistance of a mediator, agreement on the issues in dispute.
[en. B.C. Reg. 172/2003, s. 2.]
Cases to which this rule applies
(2)   Subject to subrule (3), this rule applies to a disputed claim filed in a mediation registry if
(a) the disputed claim falls within a class of cases described in Schedule D,
(b) the disputed claim is, with the consent of the parties, referred to mediation by a judge at a settlement conference, or
(c) a party completes a Notice to Mediate for Claims Up To $10 000 (Form 21) and files the notice in the mediation registry before a notice of settlement conference relating to the disputed claim is sent for service under Rule 7 (3).
[en. B.C. Reg. 172/2003, s. 2; am. B.C. Regs. 250/2005, s. 1; 248/2006, s. 1 (a).]
Cases to which this rule does not apply
(3)   This rule does not apply to a disputed claim if
(a) the disputed claim falls within the class of cases described in Schedule E, or
(b) the disputed claim amounts to more than $10 000 and is not one to which Rule 8 (13) applies.
[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 251/2005, s. 2.]
When this rule ceases to apply
(4)   This rule ceases to apply to a disputed claim if
(a) the court file relating to the claim is transferred to a registry that is not a mediation registry,
(b) the claim is transferred under Rule 7.1 to the Supreme Court, or
(c) the claim is withdrawn under Rule 8.
[en. B.C. Reg. 172/2003, s. 2.]
Appointment of mediator
(5)   The mediation coordinator must, for each disputed claim to which this rule applies, appoint a mediator from a roster of approved mediators maintained by the Ministry of Attorney General.
[en. B.C. Reg. 172/2003, s. 2.]
How the date of a mediation session is set
(6)   If this rule applies to a disputed claim,
(a) the mediation coordinator must, in consultation with the mediator appointed under subrule (5), set the date, time and place at which a mediation session is to be conducted, and
(b) unless a judge orders otherwise, the date set for the mediation session must be earlier than the date of any settlement conference relating to the disputed claim.
[en. B.C. Reg. 172/2003, s. 2.]
Date of mediation session
(7)   A mediation session must be conducted at the date, time and place set under subrule (6) (a) or at such other date, place and time as may be consented to by the mediation coordinator and all of the parties.
[en. B.C. Reg. 172/2003, s. 2.]
Certificate of readiness
(7.1)   Rule 7 (9) to (13) applies to a mediation session in relation to a claim for damages for personal injuries, and, for the purposes of this subrule, a reference in Rule 7 (9) and (13) to a "settlement conference" must be read as a reference to a "mediation session".
[en. B.C. Reg. 248/2006, s. 1 (b).]
Notice of mediation session
(8)   At least 21 days before the date set for the mediation session, the mediation coordinator must serve a notice of mediation session (Form 27) on the parties specifying the date, time and place for the mediation session.
[en. B.C. Reg. 172/2003, s. 2.]
How to apply for exemption
(9)   At least 14 days before the date set for the mediation session, a party may apply to a judge under Rule 16 (7) to exempt a disputed claim from the application of this rule.
[en. B.C. Reg. 172/2003, s. 2.]
When a judge may grant an exemption
(10)   On an application under subrule (9), a judge may
(a) exempt a disputed claim from the application of this rule if
(i)  all of the parties have previously engaged in a mediation of the matters in issue, or
(ii)  it is unfair or impractical to require mediation, or
(b) exempt one or more of the parties from attending the mediation session if, in the court's opinion, it is unfair or impractical to require the party to attend.
[en. B.C. Reg. 172/2003, s. 2.]
Changing a mediation date
(11)   A party may apply to the registrar to adjourn the mediation session and that party must give to the other parties whatever notice of the application the registrar may order.
[en. B.C. Reg. 248/2006, s. 1 (c).]
Application to adjourn at least 7 days before mediation session
(11.1)   The registrar may adjourn a mediation session on an application made at least 7 days before the date set for the mediation session if the registrar is satisfied that the original date is unreasonably inconvenient to the party.
[en. B.C. Reg. 248/2006, s. 1 (c).]
Application to adjourn within 7 days before mediation session
(12)   The registrar may adjourn a mediation session on an application made within 7 days before the date set for the mediation session if
(a) the registrar is satisfied that the original date is unreasonably inconvenient to the party, and
(b) the application contains an explanation, satisfactory to the registrar, as to why it was not reasonably practicable for the party to bring an application at least 7 days before the date set for the mediation session.
[en. B.C. Reg. 248/2006, s. 1 (c).]
Unreasonably inconvenient
(12.1)   For the purposes of subrules (11.1) and (12), the registrar may determine that a date is unreasonably inconvenient to a party if
(a) a family emergency renders the party unable to attend on the day set for the mediation session,
(b) the party has a pre-arranged out-of-town commitment on the day set for the mediation session and that commitment cannot be changed due to travel requirements,
(c) the party is required to attend court on the day set for the mediation session, or
(d) the registrar otherwise determines that the date is unreasonably inconvenient to the party.
[en. B.C. Reg. 248/2006, s. 1 (c).]
Notice of change of date
(13)   If the registrar adjourns a mediation session under subrule (11),
(a) the party who applied for the adjournment must give to the other parties whatever notice of the adjournment the registrar may order, and
(b) the mediation coordinator must promptly set a new date for the mediation session and serve a notice of mediation session (Form 27) on the parties specifying the new date, time and place for the mediation session.
[en. B.C. Reg. 172/2003, s. 2.]
Application for mediation by telephone
(14)   Subject to subrule (15), the registrar may direct that one or more of the parties may attend the mediation session by telephone if an application for that direction is made to the registrar under Rule 16 (3) at least 7 days before the date set for the mediation session and if
(a) the party, or the representative who is entitled under these rules to attend on behalf of the party, does not reside or carry on business within a reasonable distance from the location where the mediation session is to be conducted, or
(b) exceptional circumstances exist.
[en. B.C. Reg. 172/2003, s. 2.]
Late application for mediation by telephone
(15)   If an application for a direction under subrule (14) is made to the registrar under Rule 16 (3) within 7 days before the date set for the mediation session, the registrar may make that direction if
(a) the party, or the representative who is to entitled under these rules to attend on behalf of the party, does not reside or carry on business within a reasonable distance from the location where the mediation session is to be conducted and it was not reasonably practicable for that party to bring an application under subrule (14) at least 7 days before the date set for the mediation session, or
(b) exceptional circumstances exist.
[en. B.C. Reg. 172/2003, s. 2.]
If application is granted
(16)   If an application under subrule (14) or (15) is granted, the registrar
(a) may order that the parties send to the mediation coordinator, before the mediation session, all documents and reports that are relevant to the dispute, and
(b) may order that the telephone call be made at the expense of the party requesting mediation by telephone.
[en. B.C. Reg. 172/2003, s. 2.]
Attending mediation
(17)   Subject to subrule (17.1) and to an order made under subrule (10), all parties served with a notice of mediation session
(a) must attend the mediation session,
(b) must have authority to settle the claim, and
(c) may be accompanied by a lawyer or articled student.
[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 248/2006, s. 1 (d).]
Claims brought in the name of an insured person
(17.1)   A party does not have to attend a mediation session in person if
(a) the party has assigned all of his or her rights relevant to the claim to an insurer,
(b) liability in the claim is not disputed, and
(c) the insurer's representative attends in place of the party.
[en. B.C. Reg. 248/2006, s. 1 (e).]
What parties must bring
(18)   Each party who is required to attend a mediation session under subrule (17) must bring to the mediation session all documents and reports that are relevant to the dispute.
[en. B.C. Reg. 172/2003, s. 2.]
Attendance by representative
(19)   Subject to subrule (20), a party may attend a mediation session by representative if the party is not an individual.
[en. B.C. Reg. 172/2003, s. 2.]
Status of representative
(20)   A representative who attends a mediation session in the place of a party referred to in subrule (17.1) or (19)
(a) must be familiar with all facts relevant to the dispute,
(b) must have authority to settle the claim on the party's behalf, and
(c) may be accompanied by a lawyer or articled student.
[en. B.C. Reg. 248/2006, s. 1 (f).]
Attendance of others
(21)   Any other person may attend a mediation session if that attendance is permitted by the mediator and consented to by the parties.
[en. B.C. Reg. 172/2003, s. 2.]
If a party does not attend
(22)   If a party does not attend a mediation session,
(a) the mediator must
(i)  complete a verification of non-attendance (Form 22) in accordance with the instructions on the form, and
(ii)  give the completed form to the parties attending, and
(b) any one of the parties attending the mediation session may file the completed verification of non-attendance with the registrar.
[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 286/2005, s. 1 (a).]
What the registrar will do if a claimant does not attend
(23)   If a verification of non-attendance is filed in relation to a claimant in a disputed claim,
(a) the defendant in the disputed claim may, by filing a request for judgment or for dismissal (Form 23) and paying the required fee, ask the registrar to make an order dismissing the claim of that claimant, and
(b) the registrar may make an order dismissing the claim of that claimant.
[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 248/2006, s. 1 (g).]
What the registrar will do if a defendant does not attend
(24)   If a verification of non-attendance is filed in relation to a defendant in a disputed claim, other than a claim made by way of counterclaim or third party notice,
(a) the claimant may, by filing a request for judgment or for dismissal and paying the required fee, ask the registrar to proceed under these rules as if
(i)  the defendant had not filed a reply, and
(ii)  the claimant had completed the steps in Rule 6 (3), and
(b) the registrar must either make a default order under Rule 6 (4) or set a date under Rule 6 (5) for a hearing before a judge.
[en. B.C. Reg. 172/2003, s. 2.]
What happens if the defendant to counterclaim or third party notice does not attend
(25)   If a verification of non-attendance is filed in relation to a defendant under a counterclaim or under a third party notice, the party bringing the counterclaim or third party notice may apply under Rule 16 (7) for a default order under Rule 16 (6) (c).
[en. B.C. Reg. 172/2003, s. 2.]
If no party attends
(26)   If no party attends a mediation session,
(a) the mediator must complete a verification of non-attendance in accordance with the instructions on the form, and file the completed form in the mediation registry, and
(b) the registrar must make an order dismissing each disputed claim.
[en. B.C. Reg. 172/2003, s. 2; am. B.C. Regs. 286/2005, s. 1 (b); 248/2006, s. 1 (h).]
Cancellation of a dismissal or default order
(27)   A party against whom an order is made under subrule (23) (b), (24) (b) or (26) (b) for not attending a mediation session may apply under Rule 16 (7) to a judge to cancel the order, and the judge may cancel the order under Rule 16 (6) (j).
[en. B.C. Reg. 172/2003, s. 2.]
What application must contain
(28)   A party seeking an order under subrule (27) must attach to the application an affidavit containing the following:
(a) the reason for not attending the mediation session;
(b) the reason for any delay, if there has been delay in filing the application;
(c) the facts that support the claim or defence.
[en. B.C. Reg. 172/2003, s. 2.]
If a judge cancels a dismissal or default order
(29)   A judge who cancels a dismissal order or default order made under this rule may also do one or more of the following:
(a) order that the claim be returned to mediation on any terms the judge considers appropriate;
(b) order the payment of any expenses incurred by the party or parties who did attend;
(c) order that the claim proceed to a settlement conference or trial;
(d) make any other order that the judge considers appropriate in the circumstances.
[en. B.C. Reg. 172/2003, s. 2.]
If the parties reach agreement on all or some issues
(30)   If the parties reach an agreement at mediation on all or some issues,
(a) the mediator must complete a result of mediation form (Form 24) and file the completed form in the mediation registry, and
(b) the parties must complete and sign a mediation agreement (Form 25) and any one of those parties may file the agreement in the mediation registry.
[en. B.C. Reg. 172/2003, s. 2.]
If payment terms are not complied with
(31)   If a party fails to comply with a provision of a filed mediation agreement, the party not in default may, if that provision required a payment of money,
(a) file an affidavit of non-compliance, and
(b) after that, file a payment order for
(i)  the amount specified in the mediation agreement less any amount already paid in compliance with the mediation agreement, or
(ii)  if no amount was specified in the mediation agreement, for the amount of the claim less any amount already paid in compliance with the mediation agreement.
[en. B.C. Reg. 172/2003, s. 2.]
If other terms are not complied with
(32)   If a party fails to comply with a provision of a filed mediation agreement and that provision was not one requiring a payment of money, the party not in default may
(a) if the mediation agreement establishes an amount of liquidated damages that is to be payable in the event of such a default, file an affidavit of non-compliance and a payment order for that amount, or
(b) if the mediation agreement does not establish a liquidated damages amount in relation to the breached provision, seek a mediation compensation order (Form 26) under Rule 16 (6) (f.2).
[en. B.C. Reg. 172/2003, s. 2.]
Mediation compensation order
(33)   A judge may make a mediation compensation order under subrule (32) (b) if a party applies for that order (see Rule 16 (7)) and attaches to the application an affidavit of non-compliance.
[en. B.C. Reg. 172/2003, s. 2.]
If a dispute is not resolved
(34)   If the parties do not reach agreement at mediation on all the issues,
(a) the mediator must complete a result of mediation form and file the completed form in the mediation registry, and
(b) after that, the registrar must set the claim
(i)  for settlement conference, if a settlement conference has not been completed, or
(ii)  for trial, if a settlement conference has been completed.
[en. B.C. Reg. 172/2003, s. 2.]
Confidentiality and compellability
(35)   Subject to subrules (36) and (37), a person must not disclose, or be compelled to disclose, in any proceeding oral or written information acquired in or in connection with a mediation session.
[en. B.C. Reg. 172/2003, s. 2.]
Exceptions
(36)   Subrule (35) does not apply
(a) in respect of any information, opinion, document, offer or admission that all of the parties agree in writing may be disclosed,
(b) to any mediation agreement made during or in connection with a mediation session,
(c) to any threats of bodily harm made in or in connection with a mediation session, or
(d) to any information that does not identify the parties and that is disclosed for research or statistical purposes only.
[en. B.C. Reg. 172/2003, s. 2.]
No restriction on otherwise producible information
(37)   Nothing in this rule precludes a party from introducing into evidence in any proceeding any information or records produced in the course of the mediation that are otherwise producible or compellable in those proceedings.
[en. B.C. Reg. 172/2003, s. 2.]

 楼主| 发表于 8/6/2020 13:50:44 | 显示全部楼层
本帖最后由 郭国汀 于 8/16/2020 23:04 编辑

the case drives me crazy, damn that ridicule co!

I used to believe that everything is better in Western countries, only after meeting so many troubles here, I realize that I was so naive that cause my situation to become bad from worse.

ridicule enough!
您需要登录后才可以回帖 登录 | 注册

本版积分规则


站内文章仅为网友提供更多信息,不代表本网站同意其说法或描述,也不构成任何建议。本网站仅为网友提供交流平台,对网友自由上传的文字和图片等,本网站
不为其版权和内容等负责。站内部分内容转载自其它社区、论坛或各种媒体,有些原作者未知。如您认为站内的某些内容属侵权,请及时与我们联络并进行处理。
关于我们|隐私政策|免责条款|版权声明|网站导航|帮助中心
道至大 道天成

小黑屋|手机版|Archiver|联系我们|天易综合网 (Twitter@wolfaxcom)

GMT-5, 9/26/2020 04:07 , Processed in 0.214532 second(s), 10 queries , Gzip On.

Copyright 天易网 network. All Rights Reserved.

© 2009-2015 .

快速回复 返回顶部 返回列表