Supreme Court Civil Rules Changes

May 24, 2016

Dear Valued Client,

Supreme Court Civil Rules Changes

Please note that the Supreme Court Civil Rules are amended as set out in Order in Council No. 32/2016 (B.C. Reg. 3/2016) and Order in Council No. 196/2016 (B.C. Reg. 87/2016). Sections 1, 3, 4 and 5 of OIC 32/2016 will come into effect July 1, 2016, unless the government issues a further OIC/regulation to the contrary. Sections 2 and 6 of OIC 32/2016 are repealed because of OIC 196/2016.

Trial Management Conferences

Section 1 of OIC 32/2016 amends Rule 12-2 – Trial Management Conference. The plaintiff will be required to, at least 28 days before the TMC, file a trial brief and serve a copy on all other parties of record. Each party of record other than the plaintiff will then have to file and serve a trial brief no later than 21 days before the TMC. If a party of record fails to comply with the new filing timelines, the court may order costs against that party at the TMC. If no trial brief is filed under the new rules, a trial must be removed from the trial list (unless the court orders otherwise). However, the parties of record may, no later than 14 days before the TMC, apply for a consent order dispensing with the need for a TMC.

Forms – List of Documents, Appointment to Examine for Discovery & Trial Briefs

Sections 3, 4 and 5 of OIC 32/2016 amend the following forms, respectively: list of documents (Form 22), appointment to examine for discovery (Form 23) and trial brief (Form 41). Forms 22 and 23 will include an implied undertaking to the court. Form 41 has been replaced entirely. Please amend your precedents accordingly.

Please see OIC 32/2016 for additional details.

Please note that this is legal information only. If you intend to rely on this legal information, please use the relevant official paper versions of the statutes and regulations.

If you have any questions, please contact Dye & Durham’s Court Registry Support Services at 604-257-1854 or [email protected].

Dye & Durham Corporation

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