Commercial Chambers Mini-Pilot Project

March 8, 2005

NOTICE TO PROFESSIONRE: COMMERCIAL CHAMBERS MINI-PILOT PROJECTThe court is endeavouring to find a means of accommodating chambers applications requiring one day or more of hearing in commercial cases in order to better employ and provide access to judicial resources and to provide timely and appropriate responses to any array of complex problems.The court has commenced a pilot project as of January 1, 2005 in Vancouver.  To assist the court, counsel are requested to observe the following practices and procedures in relation to chambers applications in commercial cases expected to last more than one day effective January 1, 2005.     1.     Counsel should accurately estimate the time required for hearing.     2.     Counsel are requested to exchange and file concise briefs of argument one week in advance              of the date scheduled for hearing.  The brief should include an introduction, a statement              of facts, a statement of issues and a statement of argument and not exceed 30 double spaced              pages in length.  In the applicant’s brief, the introduction should contain a brief summary              of the substance of the application and the relief sought; the statement of facts should be              a summary of facts with reference to the affidavit or documentary material in evidence from              which the facts are derived; the statement of issues should describe, in summary form,              the issues of consequences in the dispostion of the applications; and the statement              of argument should begin with a summary of the principal points of argument after which              may follow elaboration in respect of those points.     3.     The respondent’s brief should follow a similar format except that the introduction should specify,             in summary form, why the relief sought by the applicant is opposed.     4.     At the commencement of the hearing,  counsel for the parties should be able to advise              the court of the matters in respect of which there continues to be disagreement having regard for             the contents of the briefs.     5.     Counsel are encouraged to compile and provide photocopied extracts of the most pertinent parts             of the documentary evidence relevant to the disposition of a contentious issue on the application.     6.     Counsel are encouraged to provide a joint book of authorities.The hope and expectation of the court is that if the written presentations of counsel, now so much a part of chambers work, are provided in the manner described, judgments in lengthy chambers matters will be rendered more efficiently.Donald I Brenner,Chief JusticeFor questions regarding this Pilot Project or any litigation related matters, please feel free to contact Dye & Durham’s Litigation Department at 604-257-1854 or email [email protected] .

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