Table of Contents - Supreme Court Rules

Contents
Rule 1 — Citation, Application and Interpretation
	(1)	Citation
	(2)	Idem
	(3)	Idem
	(4)	Application
	(5)	Object of rules
	(6)	Interpretation
	(7)	Titles and headings
	(8)	Definitions
	(9-10)	Repealed
	(11)	Waiver of rule by agreement
	(12)	Orders on terms and conditions
	(13)	Petitions and applications
	(14)	Enactments of Canada
	(15)	Mutatis mutandis
Rule 2 — Effect of Non-compliance
	(1)	Non-compliance with rules
	(2)	Idem
	(3)	Idem
	(4)	Application to set aside for irregularity
	(5)	Consequences of certain non-compliance
	(6)	Idem
	(7)	Dismissal for want of prosecution
Rule 3 — Time
	(1)	Computation of time
	(2)	Extending or shortening time
	(3)	Idem
	(3.1)	Short notice applications
	(3.2)	Form of applications
	(4)	Notice of intention to proceed after delay of one year
	(5)	Want of prosecution
	(6)	Attendance
Rule 4 — Forms and Documents
	(1)	Forms
	(2)	Documents
	(3)	Idem
	(3.1)	Space for stamp
	(4)	Style of proceeding
	(4.1)	Style of proceeding for class proceeding
	(5)	Signature and dating
	(6)	Address for delivery
	(7)	Required address
	(7.1)	Required address must be available for delivery of documents
	(8)	Additional addresses for delivery
	(9)	Address must be in British Columbia
	(10)	Change of address for delivery
Rule 5 — Multiple Claims and Parties
	(1)	Multiple claims
	(2)	Multiple parties
	(3)	Idem
	(4)	Idem
	(5)	Idem
	(6)	Separation
	(7)	Idem
	(8)	Consolidation
	(9)	Misjoinder or nonjoinder of parties
	(10)	Carriage by Air Act
	(11)	Representative proceeding
	(12)	Idem
	(13)	Enforcement of order made in representative proceeding
	(14)	Representation of interested person who cannot be ascertained
	(15)	Idem
	(16)	Idem
	(17)	Representation of beneficiaries by trustees
	(18)	Idem
	(19)	Representation of deceased person interested in a proceeding
	(20)	Idem
	(21)	Person as relator
	(22)	Declaratory order
	(23)	Conduct of a proceeding
Rule 6 — Persons Under Disability
	(1)	Interpretation
	(2)	Commencement of proceedings by person under disability
	(3)	Idem
	(4)	Idem
	(5)	Litigation guardian
	(6)	Committee as litigation guardian
	(7)	Consent of litigation guardian
	(8)	Certificate of fitness
	(8.1)	Certificate for a litigation guardian
	(9)	Party becoming incompetent
	(10)	Removal of litigation guardian
	(10.1)	Party attaining age of majority
	(10.2)	Effect of filing affidavit
	(11)	Step in default
	(12)	Idem
	(13)	Idem
	(14)	Compromise by person under disability
	(15)	Approval of compromise
Rule 7 — Partnerships
	(1)	Partners may sue or be sued in firm name
	(2)	Service on firm
	(3)	Appearance
	(4)	Affidavit naming partners
	(5)	Idem
	(6)	Execution against partnership or partners
	(7)	Idem
	(8)	Idem
	(9)	Idem
	(10)	Action against person carrying on business in a name other than the person's own
Rule 8 — Form and Commencement of Proceedings
	(1)	Writ of summons
	(2)	Endorsement
	(3)	Form
	(4)	Service
	(5)	Representative action
	(6-7)	Repealed
	(8)	Writ of summons to be signed
	(9)	Sealing of writ of summons
	(10)	Registrar's copy of writ of summons
	(11)	Procedure on filing writ of summons
	(12)	Lost writ of summons
	(13)	Proceedings under the Wills Variation Act
	(14)	Idem
	(15)	Idem
	(16)	Idem
	(17)	Repealed
	(18)	Application to petition
Rule 8A — Transfer of Proceedings from Provincial Court
	(1)	Definition
	(2)	These rules apply to transferred proceedings
	(3)	Pleadings
	(4)	Plaintiff must file and serve statement of claim
	(5)	When statement of claim to be filed and served
	(6)	Statement of defence and counterclaim
	(7)	Previous address for delivery
	(8)	New address for delivery
	(9)	Filing fees
	(10)	New filing is not an amendment
Rule 8B — Transfer of Proceedings From Foreign Courts
	(1)	Court may require translation for transferred proceeding
	(2)	Entry prohibited until security given
	(3)	Translation and security expenses may be claimed as disbursements
Rule 9 — Renewal of Writ
	(1)	Renewal of original writ of summons
	(2)	Renewal of renewed writ of summons
	(3)	Renewal of writ of summons
	(4)	Repealed
	(5)	Application to petition
Rule 10 — Originating Application
	(1)	Originating application
	(2)	Originating application by consent or if notice not required
	(3)	Originating application by petition
	(4)	Service
	(5)	Response
	(6)	Time for response
	(7)	Reply by petitioner
	(8)	No additional affidavits
	(9-14)	Repealed
	(15-16)	Repealed
Rule 11 — Service and Delivery of Documents
	(1)	Service of writ of summons
	(2)	How service effected
	(3)	Date of deemed service
	(4)	Service on agent
	(5)	Service on Attorney General
	(6)	Service on a party of record
	(6.1)	How to deliver a document
	(6.2)	Restrictions on fax
	(6.3)	When delivery by mail is effective
	(6.4)	When delivery by fax is effective
	(6.5)	If document does not reach person
	(7)	Proof of service or delivery
	(8)	Service or delivery acknowledged by solicitor
	(9)	Repealed
	(10)	Delivery where no address for delivery given
	(11)	Service on member of Canadian Armed Forces
	(12)	Proof of service by sheriff
Rule 12 — Substituted Service
	(1)	Court may order substituted service
	(2)	How substituted service effected
	(3)	Service of order required
	(4)	Substituted service at residence without order
	(5)	Effective date of service
	(6)	Affidavit
	(7)	Substituted service by mail without order
	(8)	Effective date of service
	(9)	Affidavit
	(10)	Limits on substituted service
	(11)	If document does not reach person
Rule 13 — Service Outside British Columbia
	(1)	Service outside British Columbia without leave
	(2)	Idem
	(3)	Application for leave to service outside the jurisdiction
	(4)	Applications may be made without notice
	(5)	Service of order, etc.
	(6)	Time for appearance
	(6.1)	Time for appearance may be shortened
	(7)	Where service without leave valid
	(8)	Contract containing terms for service
	(9)	Idem
	(10)	Repealed
	(11)	Definition
	(12)	Manner of service abroad
	(13)	Proof of service abroad
	(14)	Forms
	(15)	Certificate
Rule 14 — Appearance
	(1)	Filing of appearance
	(2)	Repealed
	(3)	Time for appearance
	(4)	Appearance after time for appearance
	(5)	Conditional appearance
	(6)	Disputed jurisdiction
	(6.1)	Order declining jurisdiction may be sought
	(6.2)	Disputed process or service
	(6.3)	Powers of court pending resolution
	(6.4)	Party does not submit to jurisdiction
	(7-8)	Repealed
Rule 15 — Change of Parties
	(1)	Party's death, bankruptcy, etc.
	(2)	Idem
	(3)	Assignment or conveyance of interest
	(4)	Change or transmission of interest or liability
	(5)	Removing, adding or substituting party
	(6)	Procedure where order made
	(7)	Effect of order
	(8)	Prosecution of action where plaintiff or petitioner dies
	(9)	Idem
Rule 16 — Change of Solicitor
	(1)	Change of solicitor
	(2)	Order that solicitor has ceased to act
	(3)	Repealed
	(4)	Order on application of solicitor
	(5)	Notice of withdrawal
	(6)	Filing of objection
	(7)	Procedure where no objection filed
	(8)	Delivery of notice of withdrawal
	(9)	Delivery of documents after withdrawal
	(10)	Procedure where objection filed
	(11)	Substituted service
	(12)	Delivery of copy of order
Rule 17 — Default of Appearance to Writ
	(1)	Default in filing of appearance
	(2)	Filings required
	(3)	Claim for debt or liquidated demand
	(4)	Idem
	(5)	Claim for unliquidated damages
	(6)	Claim for detention of goods
	(7)	Multiple claims
	(8)	Method of assessment
	(9)	Judgment in other claims
	(10)	Idem
	(11)	Application to judge or master
	(12)	Court may set aside or vary default judgment
	(13)	Alternative methods of assessment
Rule 18 — Summary Judgment in Action
	(1)	Application for
	(2)	Order for
	(3)	Continuing proceedings after summary judgment
	(4)	Summary judgment on counterclaim or third party proceeding
	(5)	Setting aside or varying summary judgment
	(6)	Summary judgment for defendant
	(7)	Order for summary judgment for defendant
Rule 18A — Summary Trial
	(1)	Application
	(1.1)	When application must be heard
	(2)	Setting application for hearing
	(3)	Evidence on application
	(4)	Application of Rule 40
	(4.1)	Application of Rule 40A
	(5)	Filings with application
	(6)	Notice of evidence to be used on application
	(7)	Time for giving notice
	(8)	Ancillary orders and directions
	(9)	Repealed
	(10)	Preliminary directions
	(10.1)	Ancillary or preliminary orders and directions may be made at or before application
	(10.2)	Judge not seized of application
	(11)	Judgment
	(12)	No further application without leave
	(13)	Directions
	(14)	Repealed
	(15)	Right to vary or set aside order
	(16)	Order if jury notice filed
Rule 19 — Pleadings Generally
	(1)	Contents
	(2)	Idem
	(3)	Idem
	(4)	Idem
	(5)	Form
	(6)	Matters arising since commencement
	(7)	Inconsistent allegations
	(8)	Alternative allegations
	(9)	Objection in point of law
	(9.1)	Pleading conclusions of law
	(10)	Status admitted
	(11)	Where particulars necessary
	(11.1)	Further particulars
	(12)	Particulars in libel or slander
	(13)	Set-off or counterclaim
	(14)	Filing and delivery of pleadings
	(15)	Pleading after the statement of claim
	(16)	Order for particulars
	(17)	Demand for particulars
	(18)	Demand for particulars not a stay of proceedings
	(19)	Denial required if fact not admitted
	(20)	General denial sufficient except where proving different facts
	(21)	Substance to be answered
	(22)	Denial of contract
	(23)	Allegation of malice
	(24)	Scandalous, frivolous or vexatious matters
	(25)	Idem
	(26)	Idem
	(27)	Idem
	(28)	General relief
	(29)	General damages shall not be pleaded
Rule 20 — Statement of Claim
	(1)	Form
	(2)	Delivery
	(3)	Altering claim from that endorsed on the writ
	(4)	Place of trial
	(5)	Specific relief
Rule 21 — Statement of Defence and Counterclaim
	(1)	Form
	(2)	Bills of exchange
	(3)	Contracts
	(4)	Damages
	(5)	Delivery
	(6)	Counterclaim
	(7)	Idem
	(8)	Counterclaim against plaintiff and another person
	(9)	Idem
	(10)	Idem
	(11)	Idem
	(12)	Defence to counterclaim
	(13)	Separate trial of counterclaim
	(14)	Where action stayed or discontinued
	(15)	Judgment
	(16)	Payment into court when tender pleaded
	(17)	Costs where defence of tender successful
	(18)	Acceptance of money paid into court
	(19)	Tender in defamation action
Rule 22 — Third Party Procedure
	(1)	Filing a third party notice
	(2)	Contents of a third party notice
	(3)	When leave is required
	(4)	Application for leave
	(5)	Service and delivery of a third party notice
	(6)	Application to set aside notice
	(7)	Appearance
	(8)	Statement of defence
	(9)	Reply
	(10)	Default of appearance
	(11)	Default of statement of defence
	(12)	Relief
	(13)	Statement of defence to statement of claim
	(14)	Contribution or indemnity claimed under the Negligence Act
	(15)	Apportionment of liability claimed under the Negligence Act
	(16)	When statement of defence to third party notice not required
	(17)	Application for directions
	(18)	Third party procedure not to prejudice the plaintiff
	(19)	Trial
Rule 23 — Reply and Subsequent Pleadings
	(1)	Form
	(2)	Delivery of reply
	(3)	Pleading subsequent to reply
	(4)	Statement of defence to counterclaim
	(5)	Close of pleadings
	(6)	Failure to reply
	(7)	No joinder of issue
Rule 24 — Amendment
	(1)	When amendment may be made
	(2)	How amendments made
	(3)	Idem
	(4)	Service of amended pleading
	(5)	Amendment at trial
	(6)	Service or delivery of amended document
	(7)	Time for appearance to amended writ or petition
	(8)	Amendments consequent upon amendment
	(9)	Failure to deliver amended statement of defence
Rule 25 — Default of Pleading
	(1)	Default in filing and delivering a statement of claim
	(2)	Default in filing and delivering a statement of defence
	(3)	Filings required
	(4)	Claim for debt or liquidated demand
	(5)	Idem
	(6)	Claim for unliquidated damages
	(7)	Claim for detention of goods
	(8)	Multiple claims
	(9)	Application to judge or master
	(10)	No defence to part of claim
	(11)

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Supreme Court Rules