Application In this rule: The court may, if the court considers it just and convenient to do so, do one or both of the following in relation to a compensation action: The Supreme Court Civil Rules apply to a compensation action except that, in the event of a conflict between this rule and the Supreme Court Civil Rules, this rule prevails. Rules 3-8 and 9-1 of the Supreme Court Civil Rules do not apply to a compensation action. A trial in a compensation action must be heard by the court without a jury. The style of proceeding for a compensation action must include the words "Subject to the Compensation Action Procedure Rule" immediately below the listed parties.
Act means the Expropriation Act;
board means the Expropriation Compensation Board;
board proceeding means a proceeding that was brought by filing a Form A or other application with the board under section 2 of the Expropriation Procedure Regulation before March 18, 2005;
compensation action means
a proceeding brought under subrule (7) or (10),
a proceeding in which an included claim is made, or
an unset board proceeding that is deemed to be a compensation action under subrule (12) or (15);
compensation decision means a determination under section 26 (1) of the Act, and includes a determination of the entitlement to, and the scale of, the costs that are or may be payable in relation to the proceeding in which the determination is made;
compensation hearing means a hearing for the purpose of arriving at a compensation decision, but does not include
a pre-hearing conference,
an interlocutory hearing, or
a hearing under section 45 or 48 of the Act;
court means the Supreme Court;
Expropriation Procedure Regulation means the Expropriation Compensation Board Practice and Procedure Regulation, B.C. Reg. 452/87;
Form A means a Form A under the Expropriation Procedure Regulation;
Form B means a Form B under the Expropriation Procedure Regulation;
included claim means a claim for compensation under any of the following:
section 33 (3) (b) or 50 (4) (a) of the Community Charter;
section 28 [applications to Supreme Court] of the Water Sustainability Regulation;
Repealed. [B.C. Reg. 237/2018, s. (b).]
section 16 (9) or 20 (2) of the Hydro and Power Authority Act;
section 292 (3) (b) [compensation for expropriation and other actions] or 704 (2) [power to expropriate water diversion licences and related works] of the Local Government Act;
section 33 (4) or 53 (1) of the Railway Act;
section 9 (4) of the Transportation Act;
in-progress board proceeding means a board proceeding if one of the following applies:
the board held a compensation hearing in the board proceeding after August 1, 2004 and before March 18, 2005 and the board has not yet rendered its compensation decision in that proceeding;
there has been an appeal to the Court of Appeal in relation to the board proceeding and the appeal has been heard, in whole or in part, before March 18, 2005;
before March 18, 2005, a hearing in the board proceeding was scheduled to commence after March 17, 2005 and before January 1, 2006;
Supreme Court Civil Rules means the Supreme Court Civil Rules, B.C. Reg. 168/2009;
unset board proceeding means a board proceeding that is not an in-progress board proceeding.
extend or shorten any period of time provided for in this rule or in an order of the court, whether or not the application for the extension or the order granting the extension is made after the period of time has expired;
on application and if all parties to the compensation action agree, order that any provision of this rule does not apply to the compensation action.
Initiating Actions under This Rule A person wishing to make an included claim or a claim for compensation under the Act must file in a registry of the court a notice of civil claim. A person who files a notice of civil claim under subrule (7) must serve that pleading on the defendants within 10 days after the date on which the notice of civil claim was filed or within such longer period as the court may order. If a person who is entitled to claim compensation under an enactment referred to in the definition of included claim does not make a claim for that compensation within 60 days after the right to make that claim first arises, the expropriating authority against whom the claim may be made may seek an order of the court to determine the amount of compensation to which the person is entitled. An expropriating authority wishing to obtain a determination under subrule (9) must file in a registry of the court a notice of civil claim and, for that purpose, the pleadings may claim, as the relief required, a determination of the amount of compensation, if any, to which the person referred to in subrule (9) is or may be entitled.
Unresolved Board Proceedings No step, including, without limitation, an assessment of costs, may be taken in an unset board proceeding until After subrule (11) has been complied with in respect of an unset board proceeding, the proceeding is deemed to be a compensation action and, for that purpose, For the purposes of Rule 11 (6) of the Supreme Court Rules as it relates to a compensation action referred to in subrule (12), until a new address for delivery is provided for a party in the compensation action under the Supreme Court Rules, the party is deemed to have, as an address for delivery in the compensation action, the address set out for that party on the latest document that If no Form B had been filed with the board in a board proceeding that has been deemed to be a compensation action under subrule (12), a person on whom a copy of the filed request is served under subrule (11) (d) (i) who wishes to respond to or defend against one or more of the claims in that compensation action must Subrules (11) to (14) apply to an in-progress board proceeding as if it were an unset board proceeding if the board has not, by December 31, 2005, completed all of the hearings necessary to allow it to render its compensation decision in the proceeding.
the person who initiated that proceeding, or the respondent to that proceeding, has
completed Part 1 of a Request to Transfer Proceedings to the Supreme Court in Form 1 to request that the board's files pertaining to the board proceeding be transferred to the court, and
filed that request with the Deputy Attorney General,
the Deputy Attorney General has transferred, to the court registry identified in the request,
the request, and
the board's files pertaining to the board proceeding,
the court registry to which the board's files pertaining to the board proceeding has been transferred has
accepted those files,
completed Part 2 of the request to confirm that acceptance, and
filed the completed request, and
the person who filed the unset board proceeding request with the Deputy Attorney General under paragraph (a) has
served a copy of the filed request on each other party to the proceeding and on each other person on whom the application in the board proceeding had been, or ought to have been, served, and
filed proof of that service in the court.
the Form A or other document by which the board proceeding was initiated is deemed to be the notice of civil claim in the compensation action,
the following person is deemed to be the plaintiff in the compensation action referred to in that subrule:
subject to subparagraph (ii), the person identified as the claimant on the Form A that initiated the board proceeding;
if the board proceeding was initiated by an application other than a Form A, the person who initiated the board proceeding,
the Form B, if any, filed with the board in response to the application referred to in paragraph (a) is deemed to be the response to civil claim in the compensation action, and
each person who filed a Form B with the board is deemed to be a defendant in the compensation action.
was filed by that party with the board in relation to the board proceeding, and
contains an address for that party.
file and serve on the plaintiff in the compensation action a response to civil claim and any counterclaim with 21 days after the service of the filed request, and Rules 3-3 and 3-4 of the Supreme Court Civil Rules, other than Rules 3-3 (3) and 3-4 (4) (a), apply, and
include in the response to civil claim that person's address for service.
Costs Subject to subrules (17) and (18), if legal costs are payable to a party to a compensation action, those legal costs must be assessed as party and party costs under Appendix B of the Supreme Court Rules, and Rule 57 of those rules, other than Rule 57 (1), (3), (5) and (10), applies. If legal costs are payable to a party to a board proceeding, whether or not that proceeding becomes a compensation action under subrule (12), those costs must be assessed, If real estate appraisal costs are payable in relation to a board proceeding or in relation to a compensation action brought under subrule (7) or (10), those costs must be assessed, under the Expropriation Proceeding Costs Regulation.
if the legal costs were incurred before June 28, 1999, under section 45 (7) (a) of the Act,
if the legal costs were incurred on or after June 28, 1999 in an in-progress board proceeding, under the Tariff of Costs Regulation, B.C. Reg. 189/99, and
if the legal costs were incurred on or after June 28, 1999 in an unset board proceeding, under the Expropriation Proceeding Costs Regulation.
if the costs were incurred before June 28, 1999, under section 45 (7) (a) of the Act,
if the costs were incurred on or after June 28, 1999 in an in-progress board proceeding, under the Tariff of Costs Regulation, B.C. Reg. 189/99, and
if the costs were incurred
in an unset board proceeding, or
in a compensation action brought under subrule (7) or (10),
Form 1 [am. B.C Reg. 150/2010, s. 2.] REQUEST TO TRANSFER PROCEEDINGS TO THE SUPREME COURT PART 1 ..........................[name].........................., the Claimant/Respondent in Expropriation Board Proceeding .......................... v. .........................., Expropriation Compensation Board File # .........................., requests that the Deputy Attorney General transfer all of the Expropriation Compensation Board's files relating to the above noted proceeding, along with a completed version of this form, to the ..................................[location].......................... Registry of the Supreme Court of British Columbia. The following is to be completed by the Deputy Attorney General or designate PART 2 The files relating to Expropriation Board proceeding .......................... v. .........................., Expropriation Compensation Board File #.........................., have been accepted for filing at the ..................................[location]..........................Registry of the Supreme Court of British Columbia at ..................................[address]................................... As a result of the receipt and acceptance of those files, the proceeding is deemed, under the Compensation Action Procedure Rule, to be a compensation action within the meaning of that rule and will continue as an action in the Supreme Court with the following style of proceedings: No. .............................. .............................. Registry In the Supreme Court of British Columbia Subject to the Compensation Action Procedure Rule Notice to Defendant: As a result of the transfer of the files relating to above-noted Expropriation Compensation Board proceeding, the proceeding is deemed to be a compensation action and the Compensation Action Procedure Rule and the Supreme Court Civil Rules now apply to that action in the manner set out in the Compensation Action Procedure Rule. If you have filed a Form B with the Expropriation Compensation Board in response to the above noted Expropriation Board proceeding, the Form B is deemed to be the response to civil claim in the compensation action and you are now deemed be a defendant in that compensation action. If you have not filed a Form B with the Expropriation Compensation Board in response to the above noted Expropriation Board proceeding, you must, if you wish to respond to or defend against one or more of the claims made in that proceeding, (a) file and serve on the plaintiff in the compensation action a response to civil claim and any counterclaim within 21 days after being served with this Request, and Rules 3-3 and 3-4 of the Supreme Court Civil Rules, other than Rules 3-3 (3) and 3-4 (4) (a) apply, and (b) include in that response to civil claim your address for service.