169_2009 Supreme Court Family Rules B.C.

Interpretation Interpretation In these Supreme Court Family Rules, unless the context otherwise requires: Unless a contrary intention appears, the Interpretation Act and the interpretation section of the Supreme Court Act apply to these Supreme Court Family Rules. The titles and headings of these Supreme Court Family Rules are for convenience only and are not intended as a guide to interpretation. Italicized words in square brackets are not part of these Supreme Court Family Rules, are included editorially for convenience of reference only and are not to be used in interpreting the rules or any provision to which the words refer. Citation and Application These Supreme Court Family Rules may be cited as the "Supreme Court Family Rules" and are included within any citation to the "Rules of Court" or the "Supreme Court Rules". These Supreme Court Family Rules apply to all family law cases. On application, and if all parties to a family law case agree, the court may order that any provision of these Supreme Court Family Rules does not apply to the family law case. Object of Rules The object of these Supreme Court Family Rules is to Securing the just, speedy and inexpensive determination of a family law case on its merits includes, so far as is practicable, conducting the family law case in ways that are proportionate to

Resolving Cases by Agreement Agreements A copy of a written agreement referred to in section 15, 44 (3), 58 (3), 148 (2) or 163 (3) of the Family Law Act may be filed. To file an agreement under subrule (1), a copy of the agreement must be attached to a requisition in Form F17.1 and the requisition must be filed. Without limiting any other power the court may have to enforce an agreement filed under this rule, the court may make an order for that purpose on an application and, for that purpose, Part 10 of these Supreme Court Family Rules applies. Determinations of Parenting Coordinators Subject to subrule (2), a determination of a parenting coordinator referred to in section 18 of the Family Law Act may be filed in a family law case. If the parenting coordinator who makes a determination was engaged under an agreement referred to in section 15 (1) of the Family Law Act, the determination must not be filed until that agreement has been filed under Rule 2-1. To file a determination under subrule (1), a copy of the determination must be attached to a requisition in Form F17.2 and the requisition must be filed. Arbitration Awards An arbitration award may be filed in a registry. To file an arbitration award under subrule (1), a certified copy of the arbitration award must be attached to a requisition in Form F17.3 and the requisition must be filed. Joint Family Law Case A family law case may be started jointly by the persons involved if all relief, except any claim for divorce, is by consent. [See Rule 10-10 for the process to be followed for obtaining judgment in a joint family law case.] In a joint family law case, the notice of family claim A person may withdraw from a joint family law case by If a person who withdraws from a joint family law case wishes to oppose a claim made in the joint notice of family claim or wishes to claim other relief, that person must, at the time of filing the notice of withdrawal, file a response to family claim or counterclaim or both. If a notice of withdrawal is filed under subrule (3), these Supreme Court Family Rules apply to the family law case as if it were not a joint family law case. Civil Marriage Act (Canada) In this Rule: A divorce under Part 2 of the Civil Marriage Act (Canada) may be sought by filing all of the following: A certificate of divorce referred to in section 9 of the Civil Marriage Act (Canada) must be in Form F1.2 and may be signed and issued by the registrar. An application for a court order declaring that the other spouse cannot be found may be made without notice.

How to Start and Defend a Family Law Case Choosing the Correct Form of Proceeding Except for those special situations referred to in subrules (2.1) to (2.4), (4.1), (4.4), (4.5) and (4.7) of this rule, every family law case must be started by filing a notice of family claim under Rule 4-1. Repealed. [B.C. Reg. 133/2012, s. 3 (b).] A joint family law case must be started in accordance with Rule 2-2. The following orders must be sought in a family law case started in accordance with subrule (3) of this rule: An order for a declaration of parentage must be sought in a family law case The following orders must be sought in accordance with subrule (4) of this rule: To obtain any of the orders referred to in subrule (2.2), a person must start a family law case by petition under Rule 17-1 and seek the order within that family law case. To obtain any of the orders referred to in subrule (2.3) (b) or (2.4) of this rule, a person must apply for the order as follows: If a person files under Rule 2-1 (2) a requisition to which an agreement is attached and there is no existing family law case within which it is appropriate to file the requisition, the filing of the requisition under that rule starts a family law case. If the filing of a requisition starts a family law case under subrule (4.1) of this rule, the style of proceeding in the family law case must name the person filing the requisition as "Claimant" and the other parties to the agreement as "Respondents". Without limiting Rule 2-1.1 (2), if a person wishes to file a determination of a parenting coordinator under Rule 2-1.1 and there is no existing family law case within which it is appropriate to file the determination, the person must first start a family law case under subrule (4.1) of this rule and file the determination within that family law case. If a person files a requisition under Rule 20-6 (3) and there is no existing family law case within which it is appropriate to file the requisition, the filing of that requisition under that rule starts a family law case, the style of proceeding of which must be "In the Matter of the Estate of" followed by the name of the deceased. If a person files under Rule 2-1.2 (1) a requisition to which an arbitration award is attached and there is no existing family law case within which it is appropriate to file the requisition, the filing of the requisition under that rule starts a family law case. If the filing of a requisition starts a family law case under subrule (4.5) of this rule, the style of proceeding in the family law case must name the person filing the requisition as "Claimant" and the other parties to the arbitration as "Respondents". If a person files under Rule 18-3 (2) a notice of appeal and there is no existing family law case within which it is appropriate to file the notice of appeal, the filing of the notice of appeal under that rule starts a family law case. A claim that, on its own, would not be the subject matter of a family law case may be brought in a family law case, and a person by or against whom any such claim is made may be added as a party in that family law case, if

Family Law Cases Started by Filing a Notice of Family Claim Notice of Family Claim To start a family law case other than a family law case referred to in Rule 3-1 (2.1), (2.2), (2.3) (b), (2.4) or (4.1), a person must file a notice of family claim in Form F3. [A joint family law case is to be brought under Rule 2-2.] [An application to change, suspend or terminate an existing order is to be brought under Part 10.] After filing a notice of family claim, the claimant must serve a copy of the filed notice of family claim on each of the persons named as a respondent in the notice of family claim [Rule 4-2 limits the time for service.] [Part 6 provides instructions about service.] Serving and Renewing the Notice of Family Claim An original notice of family claim does not remain in force for more than 12 months, but if a respondent named in a notice of family claim has not been served, the court, on the application of the claimant made before or after the expiration of the 12 months, may order that the original notice of family claim be renewed for a period of not more than 12 months. If a renewed notice of family claim has not been served on a respondent named in the notice of family claim, the court, on the application of the claimant made during the currency of the renewed notice of family claim, may order the renewal of the notice of family claim for a further period of not more than 12 months. Unless the court otherwise orders, a renewal period ordered under subrule (1) or (2) begins on the date of the order. Unless the court otherwise orders, a copy of each order granting renewal of a notice of family claim must be served with the renewed notice of family claim, and the renewed notice of family claim remains in force and is available to prevent the operation of any statutory limitation and for all other purposes. Responding to a Notice of Family Claim To respond to a notice of family claim, a person must, within 30 days after being served, A person served with a notice of family claim under Rule 4-1 (2) who does not file a response to family claim in accordance with subrule (1) of this rule is not entitled to receive notice of any part of the family law case including, without limitation, any court appearance, hearing, conference or trial. Counterclaim In addition to filing a response to family claim under Rule 4-3, a respondent may bring one or more of the following against the claimant: [Orders that may be sought under subrule (1) include orders concerning guardianship, parenting arrangements or contact with a child, orders for support for a child or spouse, protection orders, orders dealing with property and divorce orders.] To seek an order referred to in subrule (1) of this rule, a party named as a respondent must file a counterclaim in Form F5 within 30 days after being served with the notice of family claim. If one or more of the claims made in a counterclaim brought by a respondent against the claimant also relate to another person, the respondent may name that other person as a respondent to the counterclaim. A respondent who files a counterclaim must, To respond to a counterclaim, the claimant and any other person named as a respondent to the counterclaim must, within 30 days after being served, A person referred to in subrule (4) (b) who does not file a response to counterclaim in accordance with subrule (5) is not entitled to receive notice of any part of the family law case including, without limitation, any court appearance, hearing, conference or trial. A respondent's counterclaim in a family law case may proceed even though the claimant's claim in the family law case has been stayed, discontinued or dismissed. If, on the application of a party against whom a counterclaim is made, it appears that the subject matter of the counterclaim ought to be dealt with separately, the court may order that the counterclaim be struck out or tried separately or may make any other order the court considers will further the object of these Supreme Court Family Rules. If a set-off or counterclaim establishes a defence to the claimant's claim, the court may grant judgment in favour of the respondent for any balance in the respondent's favour or for other relief as the court considers appropriate. Other Rules about Notice of Family Claim Cases If it is alleged in a notice of family claim or counterclaim that a spouse has committed adultery with another person, The first person to file in a family law case a document in which a claim for divorce or nullity is made must file with that document a certificate of the marriage or of registration of the marriage unless In a family law case in which a divorce is claimed, a party who has filed a pleading may withdraw that document or any part of it by filing and serving a notice of withdrawal in Form F7. Pleadings Generally Content of Pleadings A party must not, in a pleading, make an allegation of fact or raise a new ground or claim inconsistent with the party's previous pleading. Subrule (1) does not affect the right of a party to make allegations in the alternative or to amend or apply for leave to amend a pleading. Particulars The court may order a party to serve further and better particulars of a matter stated in a pleading. Before applying to the court for particulars, a party must demand them in writing from the other party. A demand for particulars does not operate as a stay of proceedings or give an extension of time, but a party may apply for an extension of time for serving a response to family claim or a response to counterclaim on the ground that the party cannot answer the notice of family claim or counterclaim respectively until particulars are provided.

Financial Disclosure Financial Disclosure Interpretation In this rule: This rule applies to a family law case as follows: Each page of the applicable income documents that are to be used in court must be numbered sequentially. Claims for Child Support Each party who is required under the child support guidelines to provide income information must file the following documents and must serve them under subrule (11): In addition to any other documents a party is obliged to file and serve under this rule, the party must file Parts 2 and 3 of a Form F8 financial statement and must serve those documents under subrule (11), if one of the following is true: A party who makes a claim for special or extraordinary expenses must ["Special or extraordinary expenses" is defined in section 7 of the child support guidelines.] In addition to any other documents that a party is obliged to file and serve under this rule, if a claim for undue hardship is made, ["Undue hardship" is defined in section 10 of the child support guidelines.] Parties are deemed to have complied with the requirements of the child support guidelines respecting the provision of documents, and with the requirements of this rule, as it applies to child support, respecting the filing and service of documents, if Applications for Spousal Support In addition to any other documents a party is obliged to file and serve under this rule, a party must file Parts 1, 2 and 3 of a Form F8 financial statement along with the party's applicable income documents, and must serve those Parts and applicable income documents under subrule (11), if one of the following is true: Applications for Division of Assets Each party who is making a claim under Part 5 of the Family Law Act or applying for a FHRMIRA order, or against whom such a claim or an application is being made, must Service A party who is obliged to file documents under subrule (4), (5), (6), (7), (9) or (10) (in this subrule called the "disclosing party") must file all of those documents that have not already been filed, and serve on each of the other parties all of those documents that have not already been served on that party, as follows: Assessment Notice If Part 3 of a Form F8 financial statement is to be served on a party under this rule, the party serving the Part 3 must, if that party owns or has an interest in real property, serve, with the Part 3, the most recent assessment notice prepared for that real property by an assessment authority unless that assessment notice has already been served. Particulars of Form F8 Financial Statements If a Form F8 financial statement lacks sufficient information, the other party may demand particulars. If the party from whom particulars are demanded under subrule (13) fails to provide those particulars within 7 days after receipt of the demand, the court may, on terms it considers appropriate, make any order it considers will further the object of these Supreme Court Family Rules, including Changes in Financial Circumstances If information contained in a document filed and served under this rule is rendered inaccurate or incomplete by a material change in circumstances, the party who filed and served that document must, promptly after that material change, serve on all parties If the material change in circumstances referred to in subrule (15) is such that the party becomes obliged to file and serve documents under this rule that are additional to the documents previously filed and served under this rule by that party, the party must If a party provides particulars under subrule (13) or (14) (a) or serves a written statement under subrule (15) (a), A party who has served a Form F8 financial statement more than 91 days before the start of the trial or hearing of an application to which a Form F8 is relevant must serve on all parties an updated Form F8 financial statement at least 28 days before but not more than 63 days before the start of the trial or hearing. Disclosure of Business Interests If a party discloses business or corporate interests in a Form F8 financial statement served under this rule, the party receiving the Form F8 financial statement may, in writing, request the disclosing party to produce for inspection and copying specified documents or classes of documents in the disclosing party's possession or control that might reasonably be required to verify the valuation of the disclosing party's interest or to determine the disclosing party's income. A party who receives a request under subrule (19) must, within 21 days after receipt, serve on the requesting party a notice stating If a party who makes a request under subrule (19) is not satisfied with the reply to the request, the requesting party may serve on the corporation, partnership or proprietorship in which the disclosing party has disclosed an interest a written request to produce for inspection all documents that are relevant to the valuation of the interest or the determination of the disclosing party's income. A corporation, partnership or proprietorship that receives a request under subrule (21) must, within 21 days after receipt, provide a written statement to the requesting party A corporation, partnership or proprietorship or either of the parties may apply to the court at any time for directions respecting any request for production of documents under subrule (19) or (21), including directions respecting payment of the costs of copying the documents, and the court may give those directions accordingly. A corporation, partnership or proprietorship may, within 21 days after the date a request is served on it under subrule (21), apply to the court for an order exempting it from the requirement to produce any document. An application under subrule (23) or (24) may be made on behalf of a corporation or partnership by a person who has been authorized by the corporation or partnership for that purpose. On an exemption application under subrule (24), the court may make an order exempting the applicant from the requirement to produce all or any of the requested documents if the court considers that The court may order that the costs of producing documents under subrule (20) or (22) and the costs of an application under subrule (23) or (24) be paid in favour of or against Enforcement of This Rule Without limiting Rule 21-5 and any other powers the court may have under the Family Law Act, if a party fails to comply with a requirement under this rule to file or serve a Form F8 financial statement or any applicable income document or fails to comply with an order under this rule to provide particulars, the court may do any or all of the following: [Rule 21-5 sets out what the court may do if parties fail to comply with these rules.] Confidentiality of Information Any person who has access to documents obtained under this rule must keep the documents and any information contained in them in confidence and must not disclose the documents or information to anyone other than If the court considers that public disclosure of any information filed under this rule would be a hardship on the person in respect of whom the information is filed, Conflict with Guidelines If and to the extent that there is a conflict between any provision of this rule and a provision of the child support guidelines, the provision of the child support guidelines prevails. For the purposes of subrule (31), it is not a conflict between the child support guidelines and this rule merely because this rule

Service Address for Service A party to a family law case who is represented by a lawyer must have, as the party's addresses for service, both A party to a family law case who is not represented by a lawyer must A party may have, in addition to the address or addresses for service the party is required to have under subrule (1) or (1.1), one or more of the following as addresses for service: A party may change the party's address or addresses for service by filing and serving on the other parties a notice of address for service in Form F10 that shows, for the party, Ordinary Service [See Rule 6-5 for rules on how service is effected outside British Columbia.] Subject to Rule 6-3 (1) and unless the court otherwise orders, documents to be served by a party under these Supreme Court Family Rules may be served by ordinary service. Unless the court otherwise orders, ordinary service of a document is to be effected A document served by leaving it at a person's address for service is deemed to be served on the person as follows: A document sent for service by ordinary mail under this rule is deemed to be served one week later on the same day of the week as the day of mailing or, if that deemed day of service is a Saturday or holiday, on the next day that is not a Saturday or holiday. A document may be served by fax as follows: A document transmitted for service by fax or e-mail under this rule is deemed to be served as follows: [Sunday is a holiday for the purposes of this Rule.] If, despite these Supreme Court Family Rules, a party on whom a document is to be served has no address for service, and if these Supreme Court Family Rules do not specify that the document must be served by personal service on the party, If a document is transmitted for service by e-mail and the person receiving the document requests, within 3 days of receiving that document, that a copy be sent to another address for service for that person, the party who served the document by e-mail must provide the copy at the requested address for service within 7 days of receiving that request or as agreed upon by the parties. Personal Service [See Rule 6-5 for rules on how service is effected outside British Columbia.] Unless the court otherwise orders, the following documents must be served by personal service in accordance with subrule (2): Unless the court otherwise orders, personal service of a document is to be effected, and, for the purpose of this paragraph, if the chief place of business of the corporation is outside British Columbia, every person who, within British Columbia, transacts or carries on any of the business of, or any business for, that corporation is deemed to be an agent of the corporation, A document to be served on the Attorney General must be served at the Ministry of Attorney General in the City of Victoria, and is sufficiently served if it is left during office hours with any lawyer on the staff of the Attorney General at Victoria or mailed by registered mail to the Deputy Attorney General at Victoria. A document served by personal service is deemed to be served as follows: [Sunday is a holiday for the purposes of this subrule.] If a notice of family claim, counterclaim or petition has not been served on a person, but the person files a response to family claim, response to counterclaim or response to petition or attends at the trial or hearing, the notice of family claim, counterclaim or petition is deemed to have been served on that person on the date the person files or attends. Alternative Methods of Service If it is impracticable to serve a document by personal service or if the person to be served by personal service the court may, on application without notice, make an order for substituted service granting permission to use an alternative method of service. If a document is to be served by an alternative method permitted under subrule (1), a copy of the entered substituted service order that granted permission to use that alternative method must be served with the document unless If, under subrule (1), the court permits a document to be served by advertisement, the advertisement must be in Form F11. Service Outside British Columbia A notice of family claim, counterclaim, petition or other document in a family law case may be served on a person outside British Columbia without leave if the court has jurisdiction in relation to the family law case under section 10 of the Court Jurisdiction and Proceedings Transfer Act, section 74 of the Family Law Act or section 3 or 4 of the Divorce Act. In any case not provided for in subrule (1), leave of the court must be obtained before a notice of family claim, counterclaim, petition or other document may be served outside British Columbia, and the court may grant such leave on an application referred to in subrule (3). An application for leave to serve a person outside British Columbia If an order is made granting leave to serve a notice of family claim, counterclaim, petition or other document outside British Columbia, the following documents must be served with that notice of family claim, counterclaim, petition or other document: This rule does not invalidate service of a document outside British Columbia without leave of the court if the document could have been validly served apart from this rule. Despite this rule, the parties to a contract may agree specified in the contract. Service of a document in accordance with a contract referred to in subrule (6) is effective service, but no contractual stipulation as to service of a document invalidates service that would otherwise be effective under these Supreme Court Family Rules. In subrules (9) to (12), Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, signed at the Hague on November 15, 1965. A document may be served outside British Columbia Service of a document outside British Columbia may be proved If service is to be made in accordance with Article 5 of the Convention, Forms F12 and F13 must be used. If an authority has, in accordance with Article 6 of the Convention, completed a certificate in Form F14, the certificate is evidence of the facts stated in it. Proving Service Service of a document is proved as follows: Service of a document by a sheriff may be proved by a certificate in Form F18 endorsed on a copy of the document. If a member of the Canadian Armed Forces has been served with a document by an officer of the Canadian Armed Forces, proof of the service in the form of a certificate annexed to a copy of the document served, signed by the officer and stating the officer's rank and when, where and how service was effected, may be filed as proof of service. Nothing in subrule (1) or (2) restricts the court from considering any other evidence of service that the court considers appropriate in the circumstances. Relief If a document has been served in accordance with this Part but a person can show that the document the court may set aside an order, extend time, order an adjournment or make such other order as it considers will further the object of these Supreme Court Family Rules.

Conferences Judicial Case Conference Requirement for Judicial Case Conference A party may request a judicial case conference at any time, whether or not one or more judicial case conferences have already been held in the family law case. Subject to subrules (3) and (4), unless a judicial case conference has been conducted in a family law case, a party to the family law case must not serve on another party a notice of application or an affidavit in support. Exceptions A party to a family law case may file and serve a notice of application and supporting affidavits in respect of any of the following applications even though a judicial case conference has not been conducted in the family law case: On application by a party, the court may relieve a party from the requirement of subrule (2) if To bring an application for relief under subrule (4), a party must file a requisition in Form F18.1. On an application for relief under subrule (4), the court may do one or more of the following: Arranging the Judicial Case Conference To request a judicial case conference, a party must file a notice of judicial case conference in Form F19. The party requesting a judicial case conference must serve on all parties, at least 30 days before the date set for the judicial case conference, At any stage of a family law case, the court may direct that a judicial case conference take place and may order a party to A party serving a notice of judicial case conference in accordance with subrule (8) or (9) must, at least 7 days before the date set for the judicial case conference, file the original of the Form F8 financial statement, if any, required under Rule 5-1 along with the applicable income documents referred to in section B of Part 1 of the Form F8 financial statement. At least 7 days before the date set for a judicial case conference, a party who has been served with a notice of judicial case conference in accordance with subrule (8) or (9) must Conduct of Judicial Case Conference A judicial case conference must be conducted by a judge or associate judge. Unless the court otherwise orders, if a judicial case conference is held, each of the parties and the party's lawyer must attend that judicial case conference. An application under subrule (13) for an order exempting a person from attending a judicial case conference must be made by requisition in Form F19.1. If the court orders that a party need not attend a judicial case conference, the party must be readily available and immediately accessible for consultation during the judicial case conference, either in person or by telephone. The court may do one or more of the following at a judicial case conference: Without limiting any other power of the court under these Supreme Court Family Rules, if a party fails to appear at a judicial case conference, the court may At a judicial case conference, or at any other time, a judge or associate judge may order that all applications in the family law case be heard by that judge or associate judge. A judge or associate judge who has made an order under subrule (17) may at any time direct that any or all applications in the family law case may be heard by another judge or associate judge. Proceedings at a judicial case conference must be recorded, but no part of that recording may be made available to or used by any person without court order. Settlement Conferences If, at any stage of a family law case, the parties jointly request a settlement conference by filing a requisition in Form F17 or a judge or associate judge directs the parties to attend a settlement conference, the parties must attend before a judge or associate judge who must, in private and without hearing witnesses, explore all possibilities of settlement of the issues that are outstanding. Proceedings at a settlement conference must be recorded, but no part of that recording may be made available to or used by any person without court order. A judge who has presided at a settlement conference must not preside at the trial, unless all parties consent.

Case Planning Case Planning Conferences At any time after a judicial case conference has been held in a family law case, a party may request a case planning conference by Without limiting subrule (1), at any time after a judicial case conference has been held in a family law case, the court Unless the court otherwise orders or the parties otherwise agree, a party who is requesting a case planning conference under subrule (1) or who has been directed to request a case planning conference under subrule (2) must serve the filed notice of case planning conference on the other parties, An application under subrule (3) (a) or (b) to shorten the service period applicable to a notice of case planning conference Unless the court otherwise orders, if a case planning conference is requested or ordered under this rule, the parties must, before the first case planning conference to be held in the family law case, file case plan proposals as follows: A party's case plan proposal referred to in subrule (5) must be in Form F19.3 and must, in a summary manner, indicate the party's proposal with respect to the following steps: Conduct of Case Planning Conference A case planning conference held in a family law case must be conducted by a judge or associate judge. Unless the court otherwise orders, the following persons must attend a case planning conference in accordance with subrule (3): Unless the court otherwise orders, a lawyer or party referred to in subrule (2) must attend a case planning conference held in the family law case Each application under subrule (2) for an order exempting a person from attending a case planning conference If an application is brought under subrule (2) for an order exempting a person from attending a case planning conference, the court may make such an order if the court considers that If a person who, under subrule (2), is required to attend a case planning conference fails to attend at that case planning conference, the case planning conference judge or associate judge may do one or more of the following: Proceedings at a case planning conference must be recorded, but no part of that recording may be made available to or used by any person without court order. Case Planning Conference Orders At a case planning conference, the case planning conference judge or associate judge may make one or more of the following orders in respect of the family law case, whether or not on the application of a party: A case planning conference judge or associate judge must not, at a case planning conference, Without limiting subrules (1) and (2), the judge or associate judge conducting a case planning conference must, at the conclusion of the case planning conference, make a case plan order. A case plan order under subrule (3) must be in Form F19.4 and Without limiting Rule 15-1 (4), if a case plan order under subrule (3) is approved in writing by the case planning conference judge or associate judge, that order need not be approved in writing by a lawyer or by a party. If a party fails to comply with this Part or an order made under this rule or if anything is done or omitted improperly or unnecessarily by or on behalf of a party in relation to anything under this Part, the court may, on application, do one or both of the following: Without limiting Part 10, a party may apply for an order under subrule (6) at a case planning conference. Without limiting the ability of a case planning conference judge or associate judge to amend a case plan order at a case planning conference under Rule 7.1-3 (1) (b), the parties may apply to amend a case plan order as follows:

Amendment of Documents and Change of Parties Amendment of Pleadings Subject to Rules 8-2 (7) and (9) and 9-6 (5), a party may amend the whole or any part of, including any Schedule to, a pleading filed by the party, other than by adding or changing parties or withdrawing an admission, Unless the court otherwise orders, to amend a pleading under subrule (1), a party must Unless the court otherwise orders, an amendment to a pleading under this rule must be dated, identified and underlined. Unless the court otherwise orders, if a party amends a pleading under this rule, the party must do both of the following: If a pleading (in this subrule and in subrule (6) called the "primary pleading") is amended under this rule and the amended pleading is served on a party under subrule (4) (a), that party If a party on whom an amended pleading is served under subrule (4) (a) does not serve an amended responding pleading as provided in subrule (5), the pleading the party filed in response to the original version of the primary pleading is deemed to be the pleading the party filed in response to the amended pleading. If a notice of family claim or a counterclaim is amended under this rule and served under subrule (4) (b) on a person who is not yet a party, the person must, within 30 days after being served with the amended notice of family claim or counterclaim, file a response to family claim or response to counterclaim and Rule 4-3 (2) or 4-4 (6), as the case may be, applies. Unless the court otherwise orders, if an amendment is granted during a trial or hearing, an order need not be taken out and the amended pleading need not be filed or served. Change of Parties Change of Party Status or Interest If a party dies or becomes bankrupt, or a corporate party is wound up or otherwise ceases to exist, but the claim survives, the family law case may continue in spite of the death or bankruptcy or the corporate party having been wound up or ceasing to exist. Whether or not the claim survives, a family law case may continue in spite of either party dying between the verdict or finding on the issues of fact and the entry of judgment, but judgment may be entered despite the death. If, by assignment, conveyance or death, an estate, interest or title devolves or is transferred, a family law case relating to that estate, interest or title may be continued by or against the person on whom or to whom that estate, interest or title has devolved or to whom that estate, interest or title has been transferred. If, after the start of a family law case, the court may order that the family law case be continued between the continuing parties and the new party. If a claimant or petitioner has died and the family law case may be continued, a respondent may apply to the court for an order that the person entitled to proceed do proceed within the time that the court orders and that, in default, the proceeding be dismissed for want of prosecution. If a family law case is dismissed under subrule (5), an order for payment of costs may be made and enforced against the assets of the deceased's estate. Change of Parties At any stage of a family law case, the court, on application by any person, may, subject to subrule (9), Unless the court otherwise orders, if an order is made under subrule (7) adding, removing or substituting a person as a named party, A person must not be named as a claimant or petitioner without the person's consent. Unless the court otherwise orders, if a person is named as a party in substitution for a former party, all things done in the family law case before the person was named as a party have the same effect in relation to that person as they had in relation to the former party, but the person named as a party in substitution for a former party must file a notice of address for service in Form F10. Unless the court otherwise orders, an application under subrule (7) may be made without notice to any person who is not a party.

Procedures for Obtaining Information and Documents Discovery and Inspection of Documents Unless all parties consent or the court otherwise orders, each party to a family law case must Subject to subrules (3) and (4), each party's list of documents must include a brief description of each listed document. If it is claimed that a document is privileged from production, the claim must be made in the list of documents with a statement of the grounds of the privilege. The nature of any document for which privilege from production is claimed must be described in a manner that, without revealing information that is privileged, will enable other parties to assess the validity of the claim of privilege. The court may order a party to serve an affidavit verifying a list of documents. If, after a list of documents has been served under this rule, the party must promptly amend the list of documents and serve the amended list of documents on the other parties. If a party who has received a list of documents believes that the list omits documents or a class of documents that should have been disclosed under subrule (1) or (6), the party may, by written demand, require the party who prepared the list to If a party who has received a list of documents believes that the list should include documents or classes of documents that the party, by written demand that identifies the additional documents or classes of documents with reasonable specificity and that indicates the reason why such additional documents or classes of documents should be disclosed, may require the party who prepared the list to A party who receives a demand under subrule (7) or (8) must, within 35 days after receipt, do one of the following: If a party who receives a demand under subrule (7) or (8) does not, within 35 days after receipt, comply with the demand in relation to all of the demanded documents, the demanding party may apply for an order requiring the listing party to comply with the demand. On an application under subrule (10) or otherwise, the court may A party who has served a list of documents on any other party must allow the other party to inspect and copy, during normal business hours and at the location specified in the list of documents, the listed documents except those documents that the listing party objects to producing. If a party is entitled to inspect listed documents under subrule (12), the listing party must, on the request of the party entitled to inspection and on receiving payment in advance of the cost of reproduction and service, serve on the requesting party copies of the documents, if reproducible, for which a request has been made. The court may order the production of a document for inspection and copying by any party or by the court at a time and place and in the manner it considers appropriate. If a document is in the possession or control of a person who is not a party, the court, on an application under Part 10 brought on notice to the person and the parties, may make an order for one or both of the following: An order under subrule (15) may be made by consent if that order is endorsed with an acknowledgment by the person in possession or control of the document that the person has no objection to the terms of the proposed order. If, on an application for production of a document, production is objected to on the grounds of privilege, the court may inspect the document for the purpose of deciding the validity of the objection. Unless the court otherwise orders, if a party fails to make discovery of or produce for inspection or copying a document as required by this rule, the party may not put the document in evidence in the family law case or use it for the purpose of examination or cross-examination. If the party from whom discovery, inspection or copying of a document is sought objects to that discovery, inspection or copying, the court may, if satisfied that for any reason it is desirable that an issue or question in dispute should be determined before deciding on the right to discovery, inspection or copying, order that the issue or question be determined first and reserve the question of discovery, inspection or copying. Examinations for Discovery Subject to subrule (2), each party to a family law case must for examinations for discovery by the parties to the family law case who are adverse in interest to the party subject to examination. Unless the court otherwise orders, the examinations for discovery, including all examinations under subrules (16), (18) and (20), conducted under this rule of a party, including any such examinations conducted of a person referred to in subrule (1) (b) who is examined in relation to that party, by any other party who is adverse in interest must not, in total, exceed in duration In an application under subrule (2) to extend the examination for discovery period, the court must consider the following: An examination for discovery is an oral examination on oath. Unless the court otherwise orders, if a party to be examined for discovery is not an individual, Subject to subrule (8), a person for whose immediate benefit a family law case is brought or defended may be examined for discovery. Unless the court otherwise orders, if a party to be examined for discovery is an infant, the infant, the infant's guardian and the infant's litigation guardian may be examined for discovery. If a party to be examined for discovery is a mentally incompetent person, the party's litigation guardian and the party's committee may be examined for discovery, but the party must not be examined without leave of the court. If a party to be examined for discovery is a trustee in bankruptcy, the bankrupt may be examined for discovery. Unless the court otherwise orders or the parties to the examination for discovery otherwise agree, an examination for discovery must take place at a location within 30 kilometres of the registry that is nearest to the place where the person to be examined resides. An examination for discovery must be conducted before an official reporter who is empowered to administer the oath. Before conducting an examination for discovery under this rule, the party wishing to conduct that examination for discovery must do the following: A person to be examined for discovery must attend and submit to examination for discovery if the party wishing to conduct that examination for discovery has complied with subrule (12) (a) or (b), as the case may be. If a lawyer receives witness fees under subrule (12) (a), those fees must not be attached. Unless the court otherwise orders, if the person to be examined for discovery is a person referred to in subrule (6), (7), (8) or (9), the person must produce for inspection on the examination for discovery all documents in the person's possession or control, not privileged, relating to the matters in question in the family law case. The examination for discovery of a person is in the nature of a cross-examination, and the person examined for discovery may be re-examined on the person's own behalf or on behalf of a party not adverse in interest to that person in relation to any matter respecting which that person has been examined. Unless the court otherwise orders, a person being examined for discovery In order to comply with subrule (17), a person being examined for discovery may be required to inform themselves and the examination may be adjourned for that purpose. If a person is required to inform themselves under subrule (18) in order to respond to one or more questions posed on the examination for discovery, the examining party may request the person to provide the responses by letter. If the examining party receives a letter under subrule (19), If a person under examination objects to answering a question put to the person, the question and the objection must be taken down by the official reporter and the court may An examination for discovery is to be taken down in the form of question and answer, and copies of the transcript may be obtained on payment of the proper fee by So far as is practicable, this rule applies to a person residing outside British Columbia, and the court, on application on notice to the person, may order the examination for discovery of the person at a place and in the manner the court considers appropriate. Unless the court otherwise orders, if an order is made under subrule (23) for the examination for discovery of a person, the lawyer for the person. Discovery by Interrogatories A party to a family law case may serve interrogatories in Form F22 on any other party, or on a director, officer, partner, agent, employee or external auditor of a party, if If a party to a family law case is a body of persons, corporate or unincorporate, that is empowered to sue or to be sued in its own name or in the name of an officer or other person, another party may, with leave of the court granted at an application, serve interrogatories on the officer or member of the body specified in the order. In an order granting leave under subrule (1) (b) or (2), the court may set terms and conditions on the interrogatories, including terms and conditions respecting A person to whom interrogatories are directed must, within 21 days or such other period as the court may order under subrule (3), serve an answer on affidavit to the interrogatories. If interrogatories are required to be answered by more than one officer, director, partner, agent or employee of a party, the interrogatories must state which of the interrogatories each person is required to answer. If a person objects to answering an interrogatory on the grounds of privilege or on the grounds that it does not relate to a matter in question in the family law case, the person may make the objection in an affidavit in answer. If a person to whom interrogatories have been directed answers any of them insufficiently, the court may require the person to make a further answer either by affidavit or on oral examination. If a party objects to an interrogatory on the grounds that it will not further the object of these Supreme Court Family Rules, A party may, instead of serving interrogatories under subrule (1) or (2), serve the interrogatories on the lawyer of the person to whom the interrogatories are directed. If a lawyer receives interrogatories under subrule (9), the lawyer must promptly inform the person to whom the interrogatories are directed. If a person who has given an answer to an interrogatory later learns that the answer is inaccurate or incomplete, the person must promptly serve on the party who served the interrogatory an affidavit deposing to an accurate or complete answer. Pre-Trial Examination of Witness If a person who is not a party to a family law case may have material evidence relating to a matter in question in the family law case, the court may An expert retained or specially employed by another party in anticipation of litigation or preparation for trial may not be examined under this rule unless the party seeking the examination is unable to obtain facts and opinions on the same subject by other means. An application for an order under subrule (1) must be supported by affidavit setting out An applicant for an order under subrule (1) must comply with Part 10 and, without limiting this, the applicant must serve the application materials on the proposed witness and Part 10 applies to the witness as if the witness were a party. If the court makes an order under subrule (1) entitling a party to examine a person under this rule, the party may, by serving on the person to be examined a subpoena in Form F23, require the person to bring to the examination A subpoena referred to in subrule (5) The examining party must give notice of an examination under this rule by serving copies of the subpoena referred to in subrule (5) on all parties at least 7 days before the date appointed for the examination. The proposed witness must be cross-examined by the party who obtained the order, then may be cross-examined by any other party, and then may be further cross-examined by the party who obtained the order. Unless the court otherwise orders, examinations conducted of a person under this rule by all parties must not, in total, exceed 3 hours in duration. Rule 9-2 (11), (15), (17), (18) and (21) to (24) applies to an examination under this rule. Physical Examination and Inspection If the physical or mental condition of a person is in issue in a family law case, the court may order that the person submit to examination by a medical practitioner or other qualified person, and if the court makes an order under this subrule, the court may also make The court may order a further examination under this rule. A person who is making an examination under this rule may ask any relevant question concerning the medical condition or history of the person being examined. If the court considers it necessary or expedient for the purpose of obtaining full information or evidence, it may For the purpose of enabling an order under this rule to be carried out, the court may authorize a person to enter on any land or building. Rule 9-2 (23) and (24) applies to examinations and inspections ordered under this rule. Admissions In a family law case in which a response to family claim has been filed, a party may, by service of a notice to admit in Form F24, request any party to admit, for the purposes of the family law case only, the truth of a fact or the authenticity of a document specified in the notice. Unless the court otherwise orders, the truth of a fact or the authenticity of a document specified in a notice to admit is deemed to be admitted, for the purposes of the family law case only, unless, within 14 days after service of the notice to admit, the party receiving the notice to admit serves on the party serving the notice to admit a written statement that Unless the court otherwise orders or the demanding party and the responding party consent, a copy of a document specified in a notice to admit must be attached to the notice to admit when it is served. If a responding party unreasonably denies or refuses to admit the truth of a fact or the authenticity of a document specified in a notice to admit, the court may order the party to pay the costs of proving the truth of the fact or the authenticity of the document and may award as a penalty additional costs, or deprive a party of costs, as the court considers appropriate. A party is not entitled to withdraw except by consent or with leave of the court. An application for judgment or any other application may be made to the court using as evidence and the court, without waiting for the determination of any other question between the parties, may make any order it considers will further the object of these Supreme Court Family Rules. Depositions By consent of the parties or by order of the court, a person may be examined on oath before or during trial in order that the record of the examination may be available to be introduced as evidence at the trial. An examination under subrule (1) may be conducted before an official reporter or any other person as the court may direct. In determining whether to exercise its discretion to order an examination under subrule (1), the court must take into account In an order under subrule (1), the court may impose limits on the duration of the direct examination or cross-examination of a person under this rule. If the court makes an order under subrule (1) entitling a party to examine a person under this rule, the party may, by serving on the person to be examined a subpoena in Form F23, require the person to bring to the examination, A subpoena referred to in subrule (5) Unless the court otherwise orders or the parties to the examination consent, an examination under this rule must take place at a location within 30 kilometres of the registry that is nearest to the place where the person to be examined resides. So far as is practicable, this rule applies to the examination of a person residing outside British Columbia, and the court may order the examination of a person in the place and the manner the court considers appropriate. If the person whose examination is ordered under subrule (8) is willing to testify, the order under subrule (8) must be in Form F25 and the instructions to the examiner appointed in the order must be in Form F26. If the person whose examination is ordered under subrule (8) is unwilling to testify, or if for any other reason the assistance of a foreign court is necessary, the order under subrule (8) must be in Form F27 and the letter of request referred to in the order must be in Form F28. If an order referred to in subrule (10) is made, the letter of request must be sent by the party obtaining the order to the Under Secretary of State for External Affairs of Canada (or, if the evidence is to be taken in Canada, to the Deputy Attorney General for the Province of British Columbia), and must have attached to it The lawyer for the party obtaining the order referred to in subrule (10) must file with the Under Secretary of State for External Affairs of Canada (or the Deputy Attorney General for the Province of British Columbia, as the case may be) the lawyer's undertaking to be personally responsible for all the charges and expenses incurred by the Under Secretary (or the Deputy Attorney General, as the case may be) in respect of the letter of request and to pay those charges and expenses on receiving notification of the amount. The examining party must give notice of an examination under this rule by serving copies of the subpoena referred to in subrule (5) on all parties at least 7 days before the date appointed for the examination. The examining party must conduct a direct examination of the witness and the witness is subject to cross-examination and re-examination. If an objection is made to a question put to a witness in an examination under this rule, Unless otherwise ordered, an examination under this rule must be recorded by the person authorized under subrule (2) to conduct the examination If a person alleges that the person may apply by petition or by requisition in Form F29 for an order to preserve, by examination under this rule, any testimony that may be material for establishing the right or claim.

Obtaining Orders Other Than at Trial

Pre-Trial Resolution Procedures Offers to Settle In this rule, offer to settle means The fact that an offer to settle has been made must not be disclosed to the court or jury, or set out in any document used in the family law case, until all issues in the family law case, other than costs, have been determined. An offer to settle is not an admission. The court may consider an offer to settle when exercising the court's discretion in relation to costs. In a family law case in which an offer to settle has been made, the court may do one or more of the following: In making an order under subrule (5), the court may consider the following: An offer to settle does not expire by reason that a counter offer is made. Striking Documents At any stage of a family law case, the court may order to be struck out or amended the whole or any part of a pleading, petition or other document on the ground that and the court may pronounce judgment or order the family law case to be stayed or dismissed and may order the costs of the application to be paid as special costs. No evidence is admissible on an application under subrule (1) (a). If, on the filing of a document, a registrar considers that the whole or any part of the document could be the subject of an order under subrule (1), If the court makes an order referred to in subrule (3) (b), Summary Trial In this rule, summary trial application means an application referred to in subrule (2). A party may apply to the court for judgment under this rule, either on an issue or generally, in any of the following: A summary trial application must be heard at least 42 days before the scheduled trial date. Unless the court otherwise orders, a summary trial application must be set for hearing in accordance with Part 10. Unless the court otherwise orders, on a summary trial application, the applicant and each other party may, subject to Rule 15-2.1, introduce evidence by any or all of the following: [If an order is sought on a summary trial application to appoint a person as the guardian of one or more children, the affidavit referred to in Rule 15-2.1 must be provided to the court with the other application materials.] Rule 14-7 (46), (49), (50), (51) and (56) to (58) applies to subrule (5) of this rule. Rule 13-6 (2) applies to a summary trial application. A party who applies for judgment under subrule (2) If a party intends, on a summary trial application, to rely on the party must give notice of that fact in accordance with subrule (10). Notice under subrule (9) must be served On an application heard before or at the same time as the hearing of a summary trial application, the court may On or before the hearing of a summary trial application, the court may order that An order under subrule (11) or (12) may be made by a judge or by an associate judge, and may be made before or at the same time as a summary trial application. A judge who makes an order under subrule (11) or (12) in relation to a summary trial application is not seized of the summary trial application unless the judge otherwise orders. On the hearing of a summary trial application, the court may If the court does not grant judgment under subrule (15), the applicant may not apply again under subrule (2) without leave of the court. If the court is unable to grant judgment under subrule (15) and considers that the family law case ought to be expedited, the court may order the trial of a family law case generally or on an issue and may A court may, before or at trial, vary or set aside an order made under subrule (12) or (17) of this rule. Discontinuance and Withdrawal At any time before a notice of trial is filed in a family law case, a claimant may discontinue it in whole or in part against a respondent by filing a notice of discontinuance in Form F39 and serving a filed copy of the notice of discontinuance on all parties. After a notice of trial is filed in a family law case, a claimant may discontinue the family law case in whole or in part against a respondent with the consent of all parties or by leave of the court. A respondent may withdraw the respondent's response to family claim or any part of it with respect to any claimant at any time by filing a notice of withdrawal in Form F40 and serving a filed copy of the notice of withdrawal on all parties. Subject to subrule (2), a person wholly discontinuing a family law case against a party or wholly withdrawing the person's response to family claim filed in response to a notice of family claim of a party must pay the costs of that party to the date of service of the notice of discontinuance or the notice of withdrawal, as the case may be, and if a claimant who is liable for costs under this subrule subsequently brings a proceeding for the same or substantially the same claim before paying those costs, the court may order the proceeding to be stayed until the costs are paid. A claimant's right to recover costs from a respondent under subrule (4) does not preclude the claimant recovering other costs properly incurred. If a respondent wholly withdraws the respondent's response under this rule, the claimant may proceed as if the respondent had served no response and Rule 4-3 (2) applies. Unless the court otherwise orders, the discontinuance of a family law case in whole or in part is not a defence to a subsequent family law case for the same or substantially the same claim or claims. This rule applies to a counterclaim and a petition.

Property and Injunctions Detention, Preservation and Recovery of Property The court may make an order for the detention, custody or preservation of any property that is the subject matter of a family law case or as to which a question may arise and, for the purpose of enabling an order under this rule to be carried out, the court may authorize a person to enter on any land or building. If the right of a party to a specific fund is in dispute in a family law case, the court may order the fund to be paid into court or otherwise secured. If property is the subject matter of a family law case and the court is satisfied that the property will be more than sufficient to answer all claims on it, the court at any time If a party claims the recovery of specific property other than land, the court may order that the property claimed be given up to the party, pending the outcome of the family law case, either unconditionally or on terms and conditions, if any, relating to giving security, time, mode of trial or otherwise. Unless the court otherwise orders, if an order is made under subrule (4) in favour of a party, the order must contain the party's undertaking to abide by any order that the court may make as to damages arising out of delivery of the property to the party or compliance with any other order. Receivers The court may appoint a receiver in any proceeding either unconditionally or on terms, whether or not the appointment of a receiver was included in the relief claimed by the applicant. Unless the court otherwise orders, a receiver must give security as the court may direct in either Form F41 or Form F42 and, until that security is given, the order appointing the receiver must not be presented for entry. The court must fix any remuneration to be paid to a receiver. Unless the court otherwise orders, a receiver must file and deliver the receiver's accounts annually. Interpleader If the applicant may apply to the court for interpleader relief. A person who makes a claim to or in respect of property taken or intended to be taken by a sheriff in the execution of any writ of execution, or to the proceeds from a disposition of the property, must deliver to the sheriff written notice of the person's claim and the person's address. On receipt of a notice of claim under subrule (2), a sheriff must promptly deliver a copy of the notice to the person who caused the writ of execution to issue, and that person must, within 7 days after receiving the copy, deliver to the sheriff a written notice stating whether that person admits or disputes the claim. Promptly after receiving under subrule (3) a notice admitting a claim, unless the court otherwise orders, the person who admitted the claim is only liable to the sheriff for any costs, fees and expenses incurred by the sheriff before receipt of the notice admitting the claim. A sheriff who receives a notice of claim under subrule (2) may apply for interpleader relief if An application for interpleader relief must be made by petition, unless it is made in a proceeding that has already been started, in which case it may be made by notice of application. An application for interpleader relief must be supported by an affidavit stating the names and addresses of the property claimants of whom the applicant has knowledge and that the applicant An application for interpleader relief may be made without notice, and the court may deal with the application summarily or may give directions for service. On the hearing of an application for interpleader relief, the court may Injunctions An application for a pre-trial injunction may be made by a party whether or not a claim for an injunction is included in the relief claimed. An application for a pre-trial injunction may be made before the start of a family law case and the injunction may be granted on terms providing for the start of the family law case. If an application for a pre-trial injunction is made without notice, the court may grant an interim injunction. An injunction must be imposed by order of the court. Unless the court otherwise orders, an order for a pre-trial or interim injunction must contain the applicant's undertaking to abide by any order that the court may make as to damages. In a family law case in which an injunction has been or might have been claimed, a party may apply by petition after judgment to restrain another party from the repetition or continuance of the wrongful act or breach of contract established by the judgment or from the commission of any act or breach of a like kind.

Court Ordered Reports and Expert Witnesses Court Ordered Reports under Section 211 of the Family Law Act If, under section 211 of the Family Law Act, the court appoints a person to conduct an assessment, that person must A party who wishes to cross-examine at trial the person who prepared a report referred to in subrule (1) must, at least 28 days before the scheduled trial date, serve on the person and all parties, by ordinary service, a notice in Form F43. Duty of Expert Witnesses In giving an opinion to the court, an expert appointed under this Part by one or more parties or by the court has a duty to assist the court and is not to be an advocate for any party. If an expert is appointed under this Part by one or more parties or by the court, the expert must, in any report the expert prepares under this Part, certify that the expert Appointing Joint Expert Witnesses In this rule, financial issue means If any party wishes to present to the court expert opinion evidence on a financial issue, If a party wishes to present to the court expert opinion evidence on an issue other than a financial issue, Jointly Appointed Experts When an expert is to be jointly appointed by 2 or more parties under Rule 13-3 (2) or (3) (a), the following must be settled before the expert is appointed: If the parties agree on the matters referred to in subrule (1), they must enter into a written agreement that reflects those agreed upon matters and If the parties do not agree that a joint expert is required or do not agree on any matter relating to the appointment of a joint expert, any party may apply to the court in accordance with Rule 10-5 for an order If the court makes an order on an application under subrule (3), the applicant for the order must promptly serve the expert with a copy of the entered order. Unless the court otherwise orders on an application referred to in subrule (6), a joint expert appointed in relation to an issue, by agreement under subrule (2) or by a court order made on an application under subrule (3), is the only expert who may give expert opinion evidence in the family law case on the issue. A party wishing to apply under subrule (5) for leave to introduce the evidence of an additional expert at trial must, within 21 days after receipt of the joint expert's report, serve on all parties the documents that under Rule 10-6 (6) are required for the application. The court may, on an application referred to in subrule (6) of this rule, grant leave for the evidence of an additional expert to be introduced at trial if the court is satisfied that the evidence of that additional expert is necessary to ensure a fair trial. In assessing whether to grant leave for the evidence of an additional expert to be introduced at trial, the court may consider All parties must cooperate fully with a joint expert and make full and timely disclosure of all relevant information and documents to the joint expert. Each party has the right to cross-examine a joint expert at trial. Appointment of Court's Own Expert Subject to this rule, the court may, on its own initiative at any stage of a family law case, appoint an expert if it considers that expert opinion evidence may help the court in resolving an issue in the family law case. In deciding whether to appoint an expert under this rule in relation to an issue in a family law case, the court may The court may appoint an expert under this rule whether or not that expert was named by a party under subrule (2). The court may appoint an expert under this rule if the expert consents to the appointment after the expert has been made aware of the content of this Part. In deciding whether to appoint an expert under this rule in relation to an issue in a family law case, the court may consider The court may appoint an expert under this rule in relation to an issue even if that expert has already given a report to a party on the issue or on another issue in the family law case. Unless the court otherwise orders, if an expert is appointed under this rule to give expert opinion evidence on an issue, each party has the right to cross-examine the expert. The court, after consultation with the parties, must The order appointing an expert under this rule must contain the directions referred to in subrule (8) and the court may make additional orders to enable the expert to carry out the directions applicable to the expert, including, on application by a party, an order under Rule 9-5 for The remuneration of an expert appointed under this rule The court may make one or both of the following orders, without prejudice to any party's right to costs: An expert appointed under this rule must Each report and supplementary report of an expert appointed by the court under this rule must be introduced as evidence at the trial of the family law case, unless the trial judge otherwise orders. Expert Reports An expert's report that is to be introduced as evidence at the trial must be signed by the expert, must include the certification required under Rule 13-2 (2) and must set out the following: The assertion of qualifications of an expert is evidence of them. Unless the court otherwise orders, at least 84 days before the scheduled trial date, an expert's report, other than the report of an expert appointed by the court under Rule 13-5, must be served on every party, along with written notice that the report is being served under this rule, Unless the court otherwise orders, if a party intends to introduce an expert's report at trial to respond to an expert witness whose report is served under subrule (3), the party must serve on every party, at least 42 days before the scheduled trial date, If, after an expert's report is served under subrule (3) (b), the expert's opinion changes in a material way, If, after an expert's report is served under subrule (3) (a) or (4), the expert's opinion changes in a material way and the party who served the report intends to introduce that expert's report at trial despite the change, A supplementary report under Rule 13-5 (12) or under subrule (5) (a) or (6) (a) of this rule must Unless the court otherwise orders, if a report of a party's own expert appointed under Rule 13-3 (3) (b) or 13-4 (7) is served under this rule, the party who served the report must, The person who is required to serve the report or supplementary report of an expert under this rule must, promptly after the appointment of the expert or promptly after a trial date has been obtained, whichever is later, inform the expert of the scheduled trial date and that the expert may be required to attend at trial for cross-examination. A party who receives an expert report or supplementary report under this rule must, on the earlier of the date of the trial management conference and the date that is 21 days before the scheduled trial date, serve on every party a notice of any objection to the admissibility of the expert's evidence that the party receiving the report or supplementary report intends to raise at trial. Unless the court otherwise orders, if reasonable notice of an objection could have been given under subrule (10), the objection must not be permitted at trial if that notice was not given. Expert Opinion Evidence at Trial Unless the court otherwise orders, opinion evidence of an expert, other than an expert appointed by the court under Rule 13-5, must not be introduced at trial unless Unless the court otherwise orders, the following apply to a report or supplementary report of an expert: A party may demand that an expert whose report has been served on the parties under Rule 13-6 attend at the trial for cross-examination as follows: If an expert has been required to attend at trial for cross-examination by a demand under subrule (3) and the court is of the opinion that the cross-examination was not of assistance, the court may order the party who demanded the attendance of the expert to pay to the other party or to the expert costs in an amount the court considers appropriate. Unless the court otherwise orders, if a party appoints the party's own expert under Rule 13-3 (3) (b) or 13-4 (7) At trial, the court may allow an expert to provide evidence, on terms and conditions, if any, even though one or more of the requirements of this Part have not been complied with, if

Trial Rules

Court Orders and Their Enforcement Orders Unless these Supreme Court Family Rules otherwise provide, an order must be in the following form: A protection order under section 183 or 187 of the Family Law Act, or a restraining order under section 46 of the Family Maintenance Enforcement Act, must not include any provisions respecting matters that are not directly related to the matters set out in those sections. If the court makes a protection order under section 183 of the Family Law Act, the registrar must, as soon as possible, If a party against whom a protection order is made is not present when the order is made, the party who applied for the order must provide the registry with information about the location of the party against whom the order is made for the purposes of the registry arranging service under subrule (2.1) (b) (ii). If the court changes a term or condition of an existing protection order, including by extending the term of the protection order, the court must terminate the existing protection order and make a new protection order. If the court terminates a protection order, the registrar must, as soon as possible, provide a copy of the termination order to the protection order registry and to all parties. An order of the court If an order of the court must be approved in writing by a party or the party's lawyer, the party who draws up the order must serve the order on that party along with signing instructions in Form F32.1. A party who is served with an order under subrule (3.1) or the party's lawyer must, within 14 days after being served, If a party who is served with an order under subrule (3.1) or the party's lawyer does not return the approved order or deliver a written objection within the time limit set out in subrule (3.2), the order need not be approved by that party or that party's lawyer. The registrar may enter an order that has not been approved by a party or the party's lawyer if the party who drew up the order files If an order is signed or initialled by the presiding judge or associate judge, that order need not be approved in writing by a lawyer or by a party. If an order has been made substantially in the same terms as requested, and if the court endorses the notice of application, petition or other document to show that the order has been made or made with any variations or additional terms shown in the endorsement, it is not necessary to draw up the order, but the endorsed document must be filed. If an order may be entered on the filing of a document, the party seeking entry of the order must file the document when leaving the draft order with a registrar, and the registrar must examine the document and, if satisfied that it is sufficient, must enter the order accordingly. If a person who has obtained an order on condition does not comply with the condition, the person is deemed to have abandoned the order so far as it is beneficial to the person and, unless the court otherwise orders, any other person interested in the family law case may take either the steps the order may warrant or the steps that might have been taken if the order had not been made. An order of a single judge or associate judge is an order of the court. An order An order may be approved by any judge. A consent order must not be entered unless the consent of each party affected by the order is signified as follows: An order must be settled, when necessary, by a registrar, who may refer the draft to the judge or associate judge who made the order. A party may file an appointment in Form F55 to settle an order and must, at least one day before the time fixed by the appointment, serve on all parties whose approval of the order is required under subrule (3) the following documents: If a party fails to attend at the time appointed for the settlement of an order, a registrar may settle the order in the party's absence. The court may review and vary the order as settled. The court may direct a registrar to draw up and enter an order. Unless the court otherwise orders, an order referred to in subrule (1) (d.1) or (d.2) must be drawn up and entered by a registrar. The court may give special directions respecting the entry or service of an order. The court may at any time correct a clerical mistake in an order or an error arising in an order from an accidental slip or omission, or may amend an order to provide for any matter that should have been but was not adjudicated on. The opinion, advice or direction of the court must be entered in the same manner as an order of the court and is to be termed a "judicial opinion", "judicial advice" or "judicial direction", as the case may require. When making an order under these Supreme Court Family Rules, the court may impose terms and conditions and give directions it considers will further the object of these Supreme Court Family Rules. Divorce Orders This rule does not apply to a divorce under Part 2 of the Civil Marriage Act (Canada). A divorce order must not be granted unless the court is satisfied that no earlier divorce proceeding is ongoing anywhere in Canada. If a claim is made for divorce together with one or more other claims, the court may do one or more of the following: [Rule 15-1 (1) (a) (iv) provides that the form of a divorce order must be in Form F52.] The certificate of divorce referred to in section 12 (7) of the Divorce Act must be in Form F56 and may be signed and issued by the registrar. Unless the court otherwise orders, a party who has submitted for entry an order for divorce must, promptly after the order is entered, Guardianship Orders When an order is sought appointing a person as the guardian of one or more children, the applicant must [A person who is a guardian within the meaning of section 39 of the Family Law Act does not need to apply for guardianship and does not need to file the Form F101 affidavit referred to above.] The court may make an interim order for guardianship without an affidavit in Form F101 having been filed if the court is satisfied that it is in the best interests of the child that an interim guardianship order be made before that affidavit is filed. An interim order under subrule (2) must expire within 90 days after the date of pronouncement unless renewed by the court. Unless the court otherwise orders, Unless the court otherwise orders, if the swearing or affirmation of, and the date of the record checks exhibited to, a Form F101 affidavit referred to in subrule (1) are in compliance with the requirements of subrule (4) (a) (i) and (b) (i), as those requirements relate to the date originally set for the hearing at which the order referred to in subrule (1) is sought, the following apply if that hearing is adjourned: Orders for Corollary Relief in Divorce Proceedings In this rule, corollary relief proceeding means a proceeding in which either or both former spouses are seeking any of the following orders under the Divorce Act: Each party to a corollary relief proceeding must file a statement of information for corollary relief proceedings in Form F102 before a child support order, spousal support order or parenting order is made. If a party to a corollary relief proceeding has filed Form F102 and the information contained in the form is no longer accurate, the party must file a new Form F102 that contains accurate information before a child support order, spousal support order or parenting order is made. Nothing in subrule (2) or (3) restricts the court from making an order in a corollary relief proceeding if a Form F102 has not been filed. Orders Under Part 1 of the Family Orders and Agreements Enforcement Assistance Act (Canada) An application under section 7 of the Family Orders and Agreements Enforcement Assistance Act (Canada) must meet the requirements of section 8 or 9 of that Act, as the case may be, including, in the case of an application made by an individual without notice, the requirement that the application be accompanied by On an application under section 7 of the Family Orders and Agreements Enforcement Assistance Act (Canada) for an order under section 10 of that Act, the court may consider the following: Despite Rule 10-9 (7), in the case of an application under section 7 of the Family Orders and Agreements Enforcement Assistance Act (Canada) that is made by an individual without notice, the court may order that the requirement under Rule 10-9 (7) to serve the materials referred to in that provision does not apply. Extra-Provincial Orders Repealed. [B.C. Reg. 208/2020, s. 5.] If an order that has legal effect throughout Canada under section 20 (2) of the Divorce Act is made by a court other than the Supreme Court, the order may be registered without fee by filing a certified copy of the order in the Victoria Registry of the Supreme Court. [Section 20 of the Divorce Act refers to any order for support or custody made under that Act.] The registrar of the court must, on request or if the court is required to do so by section 17 (11) of the Divorce Act, and without a fee, send a certified copy of a support order, parenting order, contact order or change order made by the court A support order made by the court or registered under subrule (4) may be filed in and enforced by the Provincial Court as if it were contained in an order of that court made under the Family Law Act. Enforcement of Orders An order for the payment of money to a person may be enforced by writ of seizure and sale in Form F57. An order for the payment of money into court may be enforced by writ of sequestration in Form F58. An order for the recovery or the delivery of the possession of land may be enforced by writ of possession in Form F59. An order for the recovery or the delivery of the possession of any property other than land or money may be enforced by writ of delivery in Form F60 or F61or by writ of sequestration in Form F58. An order may be enforced by the appointment of a receiver under Rule 12-2. A person not a party to a family law case, who obtains an order or in whose favour an order is made, may enforce the order in the same manner as if the person were a party to the family law case, and an order that may be enforced against a person not a party to a family law case may be enforced against that person as if that person were a party to the family law case. If a mandatory order or an order for the specific performance of a contract is not obeyed, the court, in addition to or instead of proceeding against the disobedient person for contempt, may direct that the act required to be done may be done so far as is practicable by the person who obtained the order, or by some other person appointed by the court, at the expense of the disobedient person, and on the act being done, the expenses incurred may be ascertained in such manner as the court may direct, and execution may issue for the amount so ascertained and costs. If an order is to the effect that a person (the "entitled person") is entitled to relief subject to or on compliance with a condition or the happening of a contingency, the entitled person, after compliance with the condition or the happening of the contingency, and after demand is made on the person against whom the entitled person is entitled to relief, may apply to the court for leave to issue execution. The court, if satisfied that the right to relief referred to in subrule (8) has arisen, may If a change has taken place, by death or otherwise, in the persons entitled or liable to execution, the person claiming to be entitled to execution may apply to the court for leave to issue execution, and the court may order A writ of execution must not issue without the production to the registry of a copy of the order on which the writ is to issue. A writ of execution must be endorsed with the name and address of the lawyer or person causing it to be issued. A writ of sequestration, a writ of possession or a writ of delivery must not be issued unless there has been filed proof satisfactory to a registrar that, If the order sought to be enforced is for the payment of money within a specified period, a writ of execution must not be issued until the expiration of the period. Subject to these Supreme Court Family Rules or an order of the court, a writ of execution may be issued by a registrar at any time during the lifetime of the order sought to be enforced. A writ of execution must be prepared by the person seeking to enforce the order or by the person's lawyer, must be sealed by a registrar and is, after that, deemed to be issued. The person seeking to enforce the order or the person's lawyer, on presenting a writ of execution for sealing, must provide a copy of the writ of execution to the registry. A writ of execution, if unexecuted, remains in force for one year only, unless renewed. At any time before the expiration of a writ of execution, or a renewed writ of execution, the writ of execution may, on the application of the party issuing the writ of execution, be renewed for a one year period beginning on the date of the renewal. An application to renew a writ of execution may be heard by A renewed writ of execution must be endorsed, by the court or a registrar, with the date of the order granting renewal and the date of the renewal. Unless the court otherwise orders, a party who is entitled to enforce an order is entitled to the costs, fees and expenses of enforcement including proceedings under the Court Order Enforcement Act, this rule and Rules 15-6 and 15-7. Subject to subrule (24) of this rule, if these Supreme Court Family Rules provide or some other enactment provides that enforcement costs may be included in the amount endorsed on any writ of execution, a registrar may fix the amount to be endorsed on the writ of execution. If a judgment debtor alleges that the judgment debtor has satisfied an order for the payment of money or otherwise, whether or not the costs of enforcement and interest on those costs have been paid, On an accounting referred to in subrule (24) (b) of this rule, Rule 18-1 applies and a registrar may certify one or more of the following: A certificate under subrule (25) (c) of this rule has the same effect as if it were an order under subrule (30). On an order granting relief and costs, there may be, at the election of the person entitled, either one writ of execution or separate writs of execution for the relief granted and for the recovery of the costs. If an order for the recovery of property other than land or money is to be enforced by writ of delivery, the court may, on the application of the judgment holder, A debtor may require, as a condition of paying a money judgment, that the judgment creditor promptly execute, file and serve an acknowledgment of payment in Form F62. If a judgment debtor claims to have paid the judgment but has not obtained an acknowledgment of payment from the judgment creditor, the debtor may apply to the court for an order certifying that the judgment has been paid. The court may, at or after the time of making an order, Unless the court in an order under subrule (31) (b) otherwise provides, if an instalment is not paid by the time fixed for payment, the balance of the money remaining unpaid under the order is, at that time, due and payable without notice being given to the judgment debtor. Without limiting subrule (31), a party against whom an order has been made may apply to the court for a stay of execution or other relief on grounds with respect to which the supporting facts arose too late for them to be pleaded, and the court may give relief it considers will further the object of these Supreme Court Family Rules. A sheriff, judgment creditor or judgment debtor may apply to the court for directions under Rule 15-8 concerning the sale of any property taken in execution. If a certificate under Rule 16-1 (25), 16-2 (7) or 18-1 (2) has been filed, it may be enforced as if it were an order of the court. Order for Imprisonment Under Section 231 (2) of the Family Law Act An arrest warrant issued under section 231 (3) (b) of the Family Law Act in respect of a person must be in Form F62.1. If a person referred to in subrule (1) is apprehended and brought before the court, subject to section 231 (3) (a) of the Family Law Act, the court in a summary manner may determine whether an order should be made under section 231 (2) of that Act for the imprisonment of the person. The court may order the release of a person referred to in subrule (2) on receiving an undertaking in Form F93 from that person. A release order under subrule (3) must be in Form F94. The court may give directions, including an order that the matter be transferred to the trial list under Rule 10-3 (7) (d), as to the conduct of a hearing into whether an order should be made under section 231 (2) of the Family Law Act for the imprisonment of a person. An order made under section 231 (2) of the Family Law Act for the imprisonment of a person must be in Form F62.2. The court at any time may direct that an imprisonment ordered under section 231 (2) of the Family Law Act be suspended for the period or on the terms or conditions the court may specify. On application by or on behalf of a person imprisoned under section 231 (2) of the Family Law Act, the court may release that person, whether or not the period of committal has elapsed. Compelling a Debtor under the Family Maintenance Enforcement Act to Appear in Court A summons under section 19 or 22 of the Family Maintenance Enforcement Act requiring a debtor to appear at a default hearing or a show cause hearing must be in Form F63. A summons under section 23 of the Family Maintenance Enforcement Act requiring a debtor to appear at a committal hearing must be in Form F64. An arrest warrant under the Family Maintenance Enforcement Act must be in Form F65. Subpoena to Debtor A creditor who has obtained an order of the court for the recovery or payment of money or costs or both may issue out of the registry a subpoena in Form F66 on filing an affidavit showing that the order is not satisfied and that no writ of execution issued by the creditor is outstanding against the debtor. A subpoena issued under subrule (1) must be directed, A subpoena issued under subrule (1) must be served at least 7 days before the date of the examination under subrule (4), and with the subpoena must be tendered any expenses the person served would be entitled to were the person required to attend the court as a witness. The examination referred to in a subpoena issued under subrule (1) must take place before an examiner and must be on oath as to the following matters: The examiner must be At an examination under this rule, the creditor and the person subpoenaed may, with leave of the examiner, call witnesses who may be cross-examined. The examiner may adjourn an examination under this rule from time to time. If the person subpoenaed under subrule (1) then If the creditor who issued a subpoena fails to attend at the examination under subrule (4), or if the examiner is of the opinion that the proceedings are unnecessary or vexatious, the examiner may order the creditor to pay to the person subpoenaed a sum of money by way of compensation and may order that sum to be paid promptly or to be set off against the debt. If it appears to the examiner that then At an examination under this rule, the examiner may make one or more of the following orders: and if the examiner is an associate judge or registrar, the order has the effect of an order made by the court and must be entered accordingly. If a debtor fails to pay in accordance with an order made under subrule (11) by an examiner, the creditor may file a notice of application for committal in Form F68 on filing an affidavit showing that the default has occurred, and subrules (2) and (3) apply. The court may order committal of a debtor if satisfied that The court may fix the costs payable by the debtor without assessment. An order of committal must be in Form F69 and must commit the person named in it to prison for a term not exceeding 40 days. An order of committal must not be enforced after the expiration of one year after the date the order was made. A creditor seeking to enforce an order of committal must pay to the sheriff for the maintenance of the person committed the sum of $10 per day for each day of imprisonment by weekly payments of $70 in advance. The maintenance money paid by a creditor under subrule (17) is a disbursement recoverable by the creditor from the debtor as costs of execution, without order. Subject to subrule (21), a sheriff or peace officer executing an order of committal must promptly bring the person arrested before the court, and the person arrested may be examined by the court, and if the court considers that imprisonment is not appropriate, the court may stay execution of the order of committal and, in that event, must A person who is the subject of an order of committal may apply to the court to set aside or vary the order, and the court may order a stay of execution of the order pending the hearing of the application and give directions for service of notice of the hearing. A person who is the subject of an order of committal may pay the amount payable endorsed on the order either to a registrar or to the sheriff, peace officer or warden in whose custody the person is. On payment under subrule (21) to a registrar of the amount payable, the registrar must issue a receipt to that effect. On payment under subrule (21) to any of them of the amount payable or on being shown a registrar's receipt to that effect, a sheriff, peace officer or warden must release the person committed from custody and must endorse the order accordingly and return it to the registry. All money received under this rule must be paid promptly to the creditor. A creditor who has obtained an order of committal may file in the registry a requisition in Form F17 requesting discharge of the person committed, and a registrar must endorse the requisition and a copy with the words "This is your authority to discharge ...................[name].............................. from custody" above the registrar's signature, and, on being shown the copy of the requisition, a sheriff, peace officer or warden must release the person committed from custody and must endorse the order accordingly and return it to the registry. A sheriff who has not received maintenance money as provided in subrule (17) must, and each must endorse the order accordingly and return it to the registry. Imprisonment under these Supreme Court Family Rules does not extinguish the liability imposed by an order. Repealed. [B.C. Reg. 119/2010, Sch. B, s. 21.] Examinations in Aid of Execution In this rule: If a judgment creditor is entitled to issue execution on or otherwise enforce an order of the court, the judgment creditor may examine the judgment debtor for discovery as to An officer or director of a corporate judgment debtor, or a person liable to execution on the order in the case of a partnership or firm judgment debtor, may, without an order, be examined for discovery on the matters set out in subrule (2). Unless the court otherwise orders, a person examined under subrule (2) or (3) must not be further examined in the same family law case for a year. On being satisfied that any other person may have knowledge of the matters set out in subrule (2), the court may order that other person to be examined for discovery concerning the person's knowledge. If a difficulty arises in or about the execution or enforcement of an order, the court may make any order for the attendance and examination of a party or person it considers will further the object of these Supreme Court Family Rules. Rule 9-2 (4), (5), (10), (11), (12) (a) and (b), (13) and (15) to (24) applies to an examination under this rule. Any part of an examination for discovery under this rule may be given in evidence in the same or any subsequent proceeding between the parties to the proceeding or between the judgment creditor and the person examined for discovery. Unless the court otherwise orders, the party conducting an examination under this rule is entitled to recover the costs of the examination from the judgment debtor. Sales by the Court If in a family law case it appears necessary or expedient that property be sold, the court may order the sale and may order a person in possession of the property or in receipt of the rents, profits or income from it to join in the sale and transfer of the property and deliver up the possession or receipt to the purchaser or person designated by the court. If an order is made directing property to be sold, the court may permit any person having the conduct of the sale to sell the property in the manner the person considers appropriate or as the court directs. The court may give directions for the purpose of effecting a sale, including directions A person having conduct of a sale may apply to the court for further directions. The result of a sale by order of the court must be certified in Form F70 by the person having conduct of the sale and that certificate must be filed promptly after completion of the sale. The person having conduct of the sale may apply to the court for a vesting order in favour of a purchaser.

Costs Costs If costs are payable to a party under these Supreme Court Family Rules or by order, those costs must be assessed in accordance with Appendix B unless any of the following circumstances exist: On an assessment of special costs, a registrar must The officer before whom costs are assessed is a registrar. When assessing costs under subrule (1) or (2) of this rule, a registrar must If the court has made an order for costs, If tax is payable by a party in respect of legal services or disbursements, a registrar must, on an assessment under subrule (1) or (2), allow an additional amount to compensate for that tax as follows: Subject to subrule (9), costs of a family law case must be awarded to the successful party unless the court otherwise orders. A party is not disentitled to costs merely because the party's lawyer is an employee of the party. Unless the court hearing an application otherwise orders, If an entitlement to costs arises during a family law case, whether as a result of an order or otherwise, those costs are payable on the conclusion of the family law case unless the court otherwise orders. If the court orders that the parties bear their own costs, the hearing fees are to be shared equally between the parties unless the court otherwise orders or the parties otherwise agree. Nothing in subrule (11) removes from the party who filed the notice of trial the obligation to pay the hearing fees to the registry. If anything is done or omitted improperly or unnecessarily, by or on behalf of a party, the court or a registrar may order The court may award costs and in awarding those costs the court may fix the amount of costs, including the amount of disbursements. If it is ordered that any costs are to be paid out of an estate or property, the court may direct out of what portion of the estate or property the costs are to be paid. If a party entitled to receive costs is liable to pay costs to another party, a registrar may assess the costs the party is liable to pay and may adjust them by way of deduction or set-off or may delay the allowance of the costs the party is entitled to receive until the party has paid or tendered the costs the party is liable to pay. If the costs of one respondent against a claimant ought to be paid by another respondent, the court may order payment to be made by one respondent to the other directly, or may order the claimant to pay the costs of the successful respondent and allow the claimant to include those costs as a disbursement in the costs payable to the claimant by the unsuccessful respondent. If after pronouncement of judgment a party puts another party to unnecessary proceedings or expense, a registrar, in assessing the costs of the family law case, may award costs as the registrar considers appropriate against the offending party except in relation to anything for which expenses have been ordered. A bill of costs must be in Form F71. A person who seeks to have costs assessed must An appointment for assessment of costs must be taken out at the registry at which the proceeding is being conducted or at any other registry to which the parties to the appointment may agree. A registrar may order further particulars or details of a bill of costs being assessed. If a sheriff who has charged fees for services set out in Schedule 2 of Appendix C or a person affected by those fees wishes to have those fees assessed, the person seeking the assessment must A person seeking an assessment of costs must serve an appointment in Form F55 to which is attached the bill of costs, and any affidavit in support, on On the conclusion of an assessment of costs, or if the party charged has consented to the amount, a registrar must, either by endorsing the original bill or by issuing a certificate of costs or expenses in Form F72, certify the amount of costs awarded, and the party assessing costs must file the certificate. A party who is dissatisfied with a decision of a registrar on an assessment of costs may, within 14 days after the registrar has certified the costs, apply to the court for a review of the assessment. A bill for special costs may be rendered on a lump sum basis. A lump sum bill must contain a description of the nature of the services and of the matter involved as would, in the opinion of a registrar, afford any lawyer sufficient information to advise a client on the reasonableness of the charge made. A party to an assessment of costs may put in evidence the opinion of a lawyer as to the nature and importance of the services rendered and of the matter involved and the reasonableness of the charges made, but a party must not put in evidence the opinions of more than 2 lawyers, and a lawyer giving an opinion may be required to attend for examination and cross-examination. If the court considers that a party's lawyer has caused costs to be incurred without reasonable cause, or has caused costs to be wasted through delay, neglect or some other fault, the court may do any one or more of the following: If the court makes an order under subrule (30), the court may An order against a lawyer under subrule (30) or (31) must not be made unless the lawyer is present or has been given notice. A lawyer against whom an order under subrule (30) or (31) has been made must promptly serve a copy of the entered order on the lawyer's client. An order by the court under subrule (31) (b) in respect of the costs of an application must not exceed $1 000. If a party entitled to costs fails to assess costs and prejudices another party by failing to do so, a registrar may certify the costs of the other party and certify the failure and disallow all costs of the party in default. Unless the court otherwise orders, fees to lawyers, accountants, engineers, actuaries, valuators, merchants and other scientific persons to whom any matter or question is referred by the court must be determined by a registrar, subject to an appeal to the court. Assessment of Expenses If, under section 212 (2), 213 (2) (d) (i), 214 (4), 221 (2) (c) (i), 228 (1) (c) (i) or 230 (2) (b) (i) of the Family Law Act, the court orders that expenses be paid to a person, The officer before whom expenses are assessed is a registrar. If the court makes an order for expenses, A person who seeks to have expenses assessed must An appointment for assessment of expenses must be taken out at the registry at which the proceeding is being conducted or at any other registry to which the parties to the appointment may agree. A registrar may order further particulars or details of a list of expenses being assessed. On the conclusion of an assessment of expenses, or if the party charged has consented to the amount, a registrar must, by issuing a certificate of costs or expenses in Form F72, certify the amount of expenses awarded, and the party assessing expenses must file the certificate. A party who is dissatisfied with a decision of a registrar on an assessment of expenses may, within 14 days after the registrar has certified the expenses, apply to the court for a review of the assessment. Unless the court otherwise orders, if the court makes an order for expenses, those expenses are payable promptly after the later of If expenses are ordered in relation to a step or matter in the family law case, costs are not to be assessed in relation to that same step or matter.

Petition Proceedings Petitions In this rule, petition respondent means a person who files a response to petition under subrule (4). A person wishing to bring a family law case referred to in Rule 3-1 (3) or (4) (b) by filing a petition must file a petition in Form F73 and each affidavit in support. Usual Procedure Unless these Supreme Court Family Rules otherwise provide or the court otherwise orders, a copy of the filed petition and of each filed affidavit in support must be served by personal service on all persons whose interests may be affected by the order sought. A person who has been served with a copy of a filed petition under subrule (3) of this rule must, if the person wishes to receive notice of the time and date of the hearing of the petition, do the following: A response to petition must be in Form F74 and must A petitioner may file affidavits in response to any document served on the petitioner under subrule (4) (c), and, in that event, must serve copies of those filed responding affidavits on each petition respondent no later than the date on which the notice of hearing is served on that petition respondent under subrule (8) (b). Unless the court otherwise orders, a party may tender a report setting out the opinion of an expert if Unless the court otherwise orders, expert reports must be served as follows: Rule 13-6 (2) applies to a petition proceeding. Unless all parties consent or the court otherwise orders, a party must not serve any affidavits additional to those served under subrules (3), (4) and (6). A petitioner wishing to set a petition down for hearing must, The hearing of a petition must be set for 9:45 a.m. on a date on which the court hears petitions or at such other time or date as has been fixed by the court or a registrar. If the estimate, set out in the petition, of the time that the hearing of the petition will take is more than 2 hours, the date and time of hearing must be fixed by a registrar. Subject to subrule (13), the petitioner must provide to the registry where the hearing is to take place a petition record as follows: The petitioner must, concurrently with the filing of the petition record under subrule (11), provide to the registry a copy of the filed petition that Unless the court otherwise orders, if the petitioner fails to provide a petition record to the registry in accordance with subrule (11), the petition must be removed from the hearing list. The petitioner must serve a copy of the petition record index on each petition respondent no later than 4 p.m. on the business day that is one full business day before the date set for the hearing. If a petition respondent intends to set an application for hearing at the same time as the hearing of the petition, the parties must, so far as is possible, prepare and file a joint petition record and agree to a date for the hearing of both applications. Unless the court otherwise orders, the petitioner must retrieve the petition record If the petition record has been retrieved by the petitioner under subrule (14) (b), the petitioner must return the petition record to the registry If any additional affidavits are filed and served under subrule (7), the petitioner must provide to the registry an amended petition record containing those affidavits. To reset the hearing of a petition that has been adjourned without a date being set for it to be heard ("adjourned generally") or that has been removed from the hearing list under subrule (11.2), the petitioner must If the petitioner does not a petition respondent may apply, by requisition in Form F17 on 2 days' notice, for directions. Without limiting the court's right under Rule 10-3 (7) (d) to transfer the family law case referred to in this rule to the trial list, the court may, whether or not on the application of a party, apply any other of these Supreme Court Family Rules to a family law case referred to in this rule. A party may amend a petition or response to petition filed by the party and for that purpose Rule 8-1 (2) to (7) applies. An original petition does not remain in force for more than 12 months, but if a respondent named in a petition has not been served, the court, on the application of the petitioner made before or after the expiration of the 12 months, may order that the original petition be renewed for a period of not more than 12 months. If a renewed petition has not been served on a respondent named in the petition, the court, on the application of the petitioner made during the currency of the renewed petition, may order the renewal of the petition for a further period of not more than 12 months. Unless the court otherwise orders, a renewal period ordered under subrule (20) or (21) begins on the date of the order. Unless the court otherwise orders, a copy of each entered order granting renewal of a petition must be served with the renewed petition, and the renewed petition remains in force and is available to prevent the operation of any statutory limitation and for all other purposes. Procedure Applicable to Adoptions If, in a family law case in which an order for adoption is sought, notice of an application for the order for adoption is not required, the petitioner may make that application by filing On being satisfied that the materials appropriate for an application referred to in subrule (24) have been filed in accordance with subrule (24), a registrar may refer the application to a judge or associate judge. If an application is referred by a registrar to a judge or associate judge under subrule (25), the judge or associate judge may

Other Procedures Inquiries, Assessments and Accounts At any stage of a family law case, the court may direct that an inquiry, assessment or accounting be held by an associate judge, registrar or special referee. The court may direct that the result of an inquiry, assessment or accounting be certified by the associate judge, registrar or special referee and, in that event, the certificate, if filed under subrule (9), is binding on the parties to the family law case. If the court does not direct that the result of an inquiry, assessment or accounting be certified, the result of the inquiry, assessment or accounting must be stated in the form of a report and recommendation to the court. On application by a party, the court may An associate judge, registrar or special referee may hold a hearing in relation to an inquiry, assessment or accounting and, in that event, may If a party wishes to proceed with an inquiry, assessment or accounting directed by the court under subrule (1), the party must A party to a family law case in which an inquiry, assessment or accounting is held may subpoena any person, including a party, to give evidence at the hearing of the inquiry, assessment or accounting and to produce documents. An associate judge, registrar or special referee must state the result of an inquiry, assessment or accounting in the form of a certificate or a report and recommendation as directed under subrule (2) or (3) respectively, with or without reasons, and must A party to whom a certificate is provided under subrule (8) (a) may file that certificate. Before the associate judge, registrar or special referee has concluded a hearing of an inquiry, assessment or accounting, the associate judge, registrar or special referee may, in a summary or other manner, ask the opinion of the court on any matter arising in the hearing. A person may apply by petition for the furnishing of accounts by the executor or administrator of an estate, a trustee, a receiver, a liquidator, a guardian or a partner. The court may give special directions as to the manner in which an inquiry, assessment or accounting is to be taken or made, and the directions may include and the court may fix a time for the further attendance of the parties. If the court makes a direction under subrule (12) (e) and the persons cannot agree on the lawyer to represent them, the court may appoint the lawyer to represent them. The court may vary or rescind a direction given under subrule (12). If an accounting is directed to be held, unless the court otherwise orders, the party required to account must make out that party's account and verify it by an affidavit to which the account must be exhibited. If an account is made out under subrule (15), the items on each side of the account must be numbered consecutively, and the party required to account must file the affidavit and the account referred to in that subrule and serve copies of those filed documents on all parties. A party who alleges that there are errors or omissions in an account must file and serve on all parties a notice of those errors with brief particulars. If the court makes an order directing that an inquiry, assessment or accounting be held in a proceeding relating to the sale of any property, the court may direct that notice of the order in Form F76 be served on any person interested in the property. Any person served with notice of an order in accordance with subrule (18) is, subject to subrule (21), bound by the order to the same extent as the person would have been if the person had originally been made a party to the family law case. In any case in which it appears that it is impracticable for any reason to serve a person with a notice of order under subrule (18), Within 28 days after service of a notice of order under subrule (18) on a person, the person may, without becoming a party to the family law case, apply to the court to vary or rescind the order. A person served with a notice of order under subrule (18) may, after filing a notice of interest in Form F77, take part in the family law case. Jurisdictional Disputes A party who has been served with a notice of family claim, counterclaim or petition in a family law case, whether that service was effected in or outside British Columbia, may, after filing a jurisdictional response in Form F78, Whether or not a party referred to in subrule (1) applies or makes an allegation under that subrule, the party may apply to court for a stay of the family law case on the ground that the court ought to decline to exercise jurisdiction over that party in respect of the claim made against that party in the family law case. If a party who has been served with an notice of family claim, counterclaim or petition in a family law case, whether served in or outside British Columbia, alleges that the notice of family claim, counterclaim or petition is invalid or has expired or that the purported service of the notice of family claim, counterclaim or petition was invalid, the party may, after filing a jurisdictional response in Form F78, apply for one or both of the following: If an application is brought under subrule (1) (a) or (b) or (3) or an issue is raised by an allegation in a pleading or a response to petition referred to in subrule (1) (c), the court may, on the application of a party, before deciding the first-mentioned application or issue, If, within 30 days after filing a jurisdictional response in a family law case, the filing party serves a notice of application under subrule (1) (a) or (b) or (3) on the parties or files a pleading or a response to petition referred to in subrule (1) (c), Appeals In this rule: If an appeal or an application in the nature of an appeal from a decision, direction or order of any person or body, including the Provincial Court, is authorized by an enactment to be made to the court or to a judge, the appeal is governed by this rule to the extent that this rule is not inconsistent with any procedure provided for in the enactment. An appeal must be started by filing in a registry a notice of appeal, Other than in the case of a specified appeal from Provincial Court, a notice of appeal must include an application for directions as to the conduct of the appeal. Without limiting Rule 17-1 (3), if an application is made for an order under section 233 (4) of the Family Law Act to extend the time limit for starting a specified appeal from Provincial Court, a copy of the filed petition must be served on all parties to the proceeding in Provincial Court. Repealed. [B.C. Reg. 152/2025, Sch. 4, s. 11 (c).] Unless the court otherwise directs, other than in the case of a specified appeal from Provincial Court, an application for directions must be set for hearing on a date that is at least 7 days after the date on which the notice of appeal is served in accordance with subrule (6). Unless the court otherwise orders, promptly after filing a notice of appeal, the appellant must, The court may give directions for the proper hearing and determination of an appeal and, without limiting this, may make an order and may exercise any of the powers of the court exercisable in a petition proceeding. Without limiting subrule (7) and unless the court otherwise orders, the appellant in a specified appeal from Provincial Court must, at the appellant's own expense, A person who intends to oppose an appeal must After obtaining from a registrar a date for the hearing of the appeal, if the appellant wishes to proceed with the appeal, the appellant must set the appeal for hearing on that date by An appellant may abandon an appeal by An order determining an appeal must be in Form F82.1. Additional Requirements for Specified Appeals from Provincial Court The appellant in a specified appeal from Provincial Court must, within 30 days after filing the notice of appeal, file the following: Unless the court otherwise orders, if the appellant fails to comply with subrule (12) (a) or (b), no further step may be taken on the appeal, including obtaining from a registrar a date for the hearing of the appeal, unless If, after filing a notice of hearing of appeal in a specified appeal from Provincial Court, the appellant is served with a copy of a filed notice of interest by a respondent, the appellant must promptly serve a copy of the filed notice of hearing of appeal on the respondent. The appellant in a specified appeal from Provincial Court must, within 60 days after filing the notice of appeal, do the following: The appellant in a specified appeal from Provincial Court must, at least 21 days before the date set for the hearing of the appeal, serve a copy of the appellant's filed statement of argument on the respondents. A respondent in a specified appeal from Provincial Court must, at least 14 days before the date set for the hearing of the appeal, An appellant in a specified appeal from Provincial Court must, at least 3 days before the date set for the hearing of the appeal, Unless the court otherwise orders, no new evidence may be tendered on a specified appeal from Provincial Court.

Judgments from Other Courts Canadian Judgments In this rule, Canadian judgment has the same meaning as in the Enforcement of Canadian Judgments and Decrees Act. A person wishing to register a Canadian judgment under the Enforcement of Canadian Judgments and Decrees Act must, for the purposes of section 3 (1) (b) of that Act, file a certified English translation of the Canadian judgment if the judgment was made in a language other than English. Foreign Judgments In this rule: A family law case to register a reciprocally enforceable judgment must be started by petition. The application for registration of a reciprocally enforceable judgment must be supported by an affidavit Notice of an application to register a reciprocally enforceable judgment need not be given to the judgment debtor if The order to register the judgment must be in Form F83. If a reciprocally enforceable judgment is registered, and the judgment debtor had no notice of the application for registration, notice of the registration must be given to the judgment debtor within one month after the registration. The court may order that the registration of a judgment under Part 4 of the Court Order Enforcement Act be set aside if the judgment debtor was not duly served with the process of the original court, unless the judgment debtor participated in the proceeding or otherwise submitted to the jurisdiction of the original court. The court may make an order staying or limiting the enforcement of a judgment registered under Part 4 of the Court Order Enforcement Act, subject to any terms and for any period the court considers appropriate, if A respondent in a family law case on a foreign judgment, whether or not it is a reciprocally enforceable judgment, on proof that an appeal or other proceeding in the nature of an appeal is pending or the time for appeal has not expired, may apply for an order staying the family law case until the determination of the appeal or other proceeding on terms that the court may impose.

Special Rules for Certain Parties or Proceedings Partnerships Two or more persons claiming to be entitled, or alleged to be liable, as partners may sue or be sued in the name of the firm in which they were partners at the time when the alleged right or liability arose. Service is effected on a firm by leaving a copy of the document to be served with A response to family claim, response to counterclaim or response to petition by a partnership must be in the name of the firm, but a partner or a person served as a partner may file a response to family claim, response to counterclaim or response to petition and defend in the person's own name, whether or not named in the notice of family claim, counterclaim or petition. If a firm is a party to a family law case, any other party may serve a notice requiring one of the partners to serve, within 10 days, an affidavit setting out the names and addresses of all persons who were partners when the alleged right or liability arose. If the affidavit requested under subrule (4) is not served, the court may order service. If an order is made against a firm, execution to enforce the order may issue against any property of the firm. Without limiting subrule (8), if an order is made against a firm, execution to enforce the order may issue against any person who If a party who has obtained an order against a firm claims that a person who is not a person described in subrule (7) is liable to satisfy the order as being a member of the firm, the party may apply to the court for leave to issue execution against that person. If the person against whom an application under subrule (8) is made disputes liability, the court may order that the liability of the person be determined in any manner in which an issue or question in a family law case may be determined. A person carrying on business in a name or style other than the person's own name may be sued in that name or style as if it were the name of a firm, and this rule applies as if the person were a partner and the name in which the person carries on business were the name of that firm. Minors A minor may act without a litigation guardian in a family law case in the following circumstances: Rule 20-3 does not apply to a minor who may, under subrule (1) of this rule, act without a litigation guardian in a family law case. Without limiting section 201 of the Family Law Act and despite subrule (1), if the court considers that it is in the interest of a minor referred to in subrule (1) or of any child of the minor, it may, whether or not on the application of a party, appoint a litigation guardian for the minor or for the child of the minor. Persons under Disability In this rule, committee means the committee, appointed under the Patients Property Act, of the estate of a patient. A family law case brought by or against a person under legal disability must be started or defended by the person's litigation guardian. Unless a rule otherwise provides, anything that is required or authorized by these Supreme Court Family Rules to be done by or invoked against a party under disability must A litigation guardian must act by a lawyer unless the litigation guardian is the Public Guardian and Trustee. Unless the court otherwise orders or an enactment otherwise provides, a person ordinarily resident in British Columbia may be a litigation guardian of a person under disability without being appointed by the court. If a person is appointed committee, that person must be the litigation guardian of the patient in any family law case unless the court otherwise orders. Before the name of a person is used in a family law case as a litigation guardian, that person's consent, signed by the person or the person's lawyer, must be filed, unless the person Unless a committee has been appointed, the lawyer for a person under disability, before acting in a family law case, must, unless subrule (9) applies, file a certificate that the lawyer knows or believes that The lawyer for a person who, under section 35 (1) of the Representation Agreement Act, has a litigation guardian must, before acting in a family law case to which the person is a party, file a certificate certifying that the lawyer knows or believes that If a party to a family law case becomes a mentally incompetent person, the court must appoint a litigation guardian for the party unless If it is in the interest of a party who is under disability, the court may remove, appoint or substitute a litigation guardian. A party to a family law case who attains the age of majority may, if the party is then under no legal disability, After an affidavit is filed under subrule (12) (a), A party must not take a step in default against a person under disability without leave of the court. Unless the court otherwise orders, notice of an application for leave under subrule (14) must be served on the person under disability at least 10 days before the hearing of the application, in the manner provided by Part 6. If no response to family claim, response to counterclaim or response to petition has been filed to a notice of family claim, counterclaim or petition on behalf of a person under disability, the person who started the family law case, before continuing the family law case against the person under disability, must obtain an order from the court appointing a litigation guardian for the person under disability. Unless an enactment otherwise provides, if a claim is made by or on behalf of a person under disability, no settlement, compromise, payment or acceptance of money paid into court, whenever entered into or made, so far as it relates to that person's claim, is binding without the approval of the court. If, before a family law case is started, an agreement is reached for the settlement or compromise of a claim of a person under disability, whether alone or with others, and it is desired to obtain the court's approval, application may be made by petition and the court may make any order it considers will further the object of these Supreme Court Family Rules. Declaratory Relief A proceeding is not open to objection on the ground that only a declaratory order is sought, and the court may make binding declarations of right whether or not consequential relief is or could be claimed. Persons Who Are Not Required to Pay Fees If the court, on application made in accordance with subrule (3) before or after the start of a family law case, finds that a person the court may order that no fees are payable by the person to the government under Schedule 1 of Appendix C in relation to the family law case unless the court considers that the claim or defence An order under subrule (1) may apply to one or more of the following: An application under subrule (1) may be made by filing On application or on the court's own motion, the court may review, vary or rescind any order made under subrule (1) or (2). Despite anything in this rule, if the court makes an order in relation to a person under this rule, no fee is payable by the person to the government under Schedule 1 of Appendix C in relation to to which the order applies. Litigation Representatives In this rule, litigation representative, in relation to the estate of a deceased, means a person referred to in subrule (3) who is starting, conducting or defending a family law case referred to in subrule (2) on behalf of the deceased's estate. This rule applies if and the cause of action, in relation to which the family law case may be or has been started, survives. If there is no personal representative for a deceased's estate, the court may, on application brought in accordance with subrule (5), appoint a person as a litigation representative to start, conduct or defend a family law case referred to in subrule (2) on behalf of the deceased's estate. Before making an order under subrule (3), the court may require notice of the application to be given to a person having an interest in the deceased's estate. An application under subrule (3) may be brought without notice under Rule 10-8. Nothing in this rule authorizes a person who is not the personal representative of the deceased to distribute proceeds of a proceeding that belong to the deceased's estate to anyone other than the personal representative. A litigation representative conducting or defending a family law case referred to in subrule (2) (c) or (d) must, under Rule 8-2, be substituted for the deceased as a party in the family law case. If the personal representative must, on application under Rule 8-2, unless an order is made in respect of the proceeding under section 151 of the Wills, Estates and Succession Act. Divorce Act Proceedings This rule applies only to Divorce Act proceedings. A party to a Divorce Act proceeding may use a French language translation of a form in Appendix A. Despite Rule 21-1 (2), documents prepared for use in court in a Divorce Act proceeding may be in either official language, unless the court otherwise orders. A pleading, petition or response to a petition in a Divorce Act proceeding must indicate whether the filing party intends to file documents, give evidence or make submissions in the English language, the French language or both official languages. Unless the court otherwise orders, if a party did not indicate their intention under subrule (4) or a party wishes to change their choice, the party may file a notice in Form F86.1 to indicate that they intend to file documents, give evidence or make submissions in the English language, the French language or both official languages. If a party indicated their intention under subrule (4) or (5) to file documents, give evidence or make submissions in the French language or both official languages, the party must, before a hearing or conference, file a notice in Form F86.1 to confirm that they intend to file documents, give evidence or make submissions in the French language or both official languages at the hearing or conference. If all or a portion of an affidavit is in the French language and it appears to the person before whom the affidavit is to be sworn or affirmed that the person swearing or affirming the affidavit does not understand the French language, the affidavit must be interpreted to the person swearing or affirming the affidavit by a competent interpreter who must certify on the affidavit, by endorsement in Form F30, that the interpreter has interpreted the affidavit to the person swearing or affirming the affidavit. Unless the court otherwise orders, if a person served with a copy of a filed document in one official language intends to file a document in the other official language and requires additional time to prepare the document, Supreme Court Family Rules, within which the document must be filed and served, is extended by an additional period of 10 days or, if the applicable period refers to business days, 10 business days. Despite Rule 21-1 (3), transcripts of oral evidence may be in either official language, unless the court otherwise orders. If one or more of the proceedings consolidated under Rule 21-3 (8) or (8.1) is a Divorce Act proceeding, the court may, in the order for consolidation, make orders respecting the use of an official language in the consolidated proceeding.