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  • Recently Added

    by Lesley Dobin | May 19, 2017

    Annotated Aboriginal law: the constitution, legislation and treaties, 2017 edition

    Book Cover

    This book features the full text of the Indian Act and Regulations, annotations and section-by-section summaries of court decisions interpreting or applying legislation, as well as up-to-date legislation, constitutional documents, case law, and annotations.

    New in this edition! Supreme Court of Canada and appellate-level decisions including:

    • Daniels v. Canada (Minister of Indian Affairs and Northern Development) , 2016 SCC 12 (S.C.C.)
    • Orr v. Peerless Trout First Nation, 2016 FCA 146 (Fed. C.A.)
    • O'Chiese First Nation v. Alberta Energy Regulator, 2015 ABCA 348 (Alta. C.A.)

    Available to borrow now!
  • Recently Added

    by Lesley Dobin | May 10, 2017

    Liability Insurance Law in Canada, 6th ed.Book cover

    In the same format as earlier editions, this title cover all aspects of liability insurance, excluding automobile. It examines the differences between provincial legislation, presents U.S. case law that can be used when Canadian is not available and includes some commercial liability policy forms from the Insurance Bureau of Canada.

    Updated for this edition:
    • recent changes to insurance legislation in British Columbia, Saskatchewan and Alberta
    • section on unjust tersm
    • chapter on directors' and officers' liability insurance

    Available to borrow now!

  • Asked & Answered: How do I transfer a file between court registries?

    by Megan Smiley | Apr 25, 2017

    Asked & Answered is a collection of answers to tricky legal research questions, written by Courthouse Libraries staff. Search Asked & Answered here.
     

    HOW DO I TRANSFER A FILE BETWEEN COURT REGISTRIES?

    In order to transfer a file between court registries, you must apply for a court order. The BC Supreme Court Civil Rules, Supreme Court Family Rules and BC Provincial Court (Family) Rules all have provisions allowing for the transfer of court files between registries, but the rules do not include specific criteria or guidelines to help draft a successful application. The relevant rules are:

    Applying for the transfer order

    SUPREME COURT

    Some useful information to supplement the Supreme Court Rules can be found in BC Annual Practice and in McLachlin & Taylor’s British Columbia Practice (available throughout Courthouse Libraries BC locations). According to these texts, the grounds for granting a transfer of proceedings are based on the “interests of justice” and the “balance of convenience”. For example, to determine whether a transfer is appropriate, a judge may consider what the financial burden would be for each of the parties or whether counsel would be able to travel and schedule hearings in the new location.

    PROVINCIAL COURT

    The Provincial Court rules provide information on the process of making an application to the court in Rule 12 – Applying by Notice of Motion for Orders or Directions, including which court form to use, how many copies you’ll need, etc. Rule 19 – Transfer of Court Files deals specifically with the details of transferring files and describes the relevant considerations as “the balance of convenience” and “any special circumstances that exist”.

    Research strategy for finding a sample order

    Unfortunately there are no freely accessible completed examples of successful applications to use as a guide. However, you can do a case law search to find a case with circumstances similar to your own. You can ‘note-up’ the relevant court rules to show cases that have cited them, do a keyword search, or some combination of the two. If you need help doing case law research, consult the series of video tutorials entitled Legal Research Essentials: Finding Cases on Point on our website. Once you find a case where a judge granted such an application, you can go to the court registry where the case was heard and request a copy of the application or order from the court record. It is important to keep in mind that public access to court records – especially family cases involving children – can be restricted. You will not be able to see a copy of an order if the record has been sealed. Supreme Court of British Columbia Court Record Access Policy provides a full description of the principles and policies that determine public access to records.  

    Once you have the order

    After you get the order, you can find information about the details of the transfer process in Supreme Court from the Registrar’s Newsletter on the Courts of British Columbia website. Relevant questions and answers are listed under each rule number: Supreme Court Civil Rule Rule 23-1(13); and Supreme Court Family Rule 22-2(13).

    Links

    Courthouse Libraries BC locations - http://www.courthouselibrary.ca/about/locations-contact

    Courts of British Columbia – http://www.courts.gov.bc.ca/

    Court records – http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/access-court-records

    Court registries – http://www.clicklaw.bc.ca/helpmap/service/1014

    Legal Research Essentials: Finding Cases on Point – http://www.courthouselibrary.ca/training/videos/FindingCasesOnPoint.aspx

    Registrar’s Newsletter – http://www.courts.gov.bc.ca/supreme_court/about_the_supreme_court/Consolidation.pdf

    Provincial Court (Family) Rule 12 – Applying by Notice of Motion for Orders or Directions – http://www.bclaws.ca/civix/document/LOC/loo88/loo88/--%20C%20--/Court%20Rules%20Act%20%5bRSBC%201996%5d%20c.%2080/17_417_98%20-%20Provincial%20Court%20(Family)%20Rules/417_98_01.xml#rule12

    Provincial Court (Family) Rule 19 - http://www.bclaws.ca/civix/document/LOC/loo88/loo88/--%20C%20--/Court%20Rules%20Act%20%5bRSBC%201996%5d%20c.%2080/17_417_98%20-%20Provincial%20Court%20(Family)%20Rules/417_98_01.xml#rule1

    Supreme Court Civil Rule 23-1(13) – http://www.bclaws.ca/civix/document/LOC/complete/statreg/--%20C%20--/Court%20Rules%20Act%20%5bRSBC%201996%5d%20c.%2080/05_Regulations/17_168_2009%20-%20Supreme%20Court%20Civil%20Rules/168_2009_03.xml#subrule_d2e30509

    Supreme Court Family Rule 22-2(13) - http://www.bclaws.ca/civix/document/LOC/complete/statreg/--%20C%20--/Court%20Rules%20Act%20%5bRSBC%201996%5d%20c.%2080/05_Regulations/18_169_2009%20-%20Supreme%20Court%20Family%20Rules/169_2009_03.xml#subrule_d2e26220

    Supreme Court of British Columbia Court Record Access Policy – http://www.courts.gov.bc.ca/supreme_court/media/BCSC%20Court%20Record%20Access%20Policy%20-%20March%209,%202011.pdf

     

     

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