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Questions About the New Supreme Court Rules



We’re getting a steady stream of questions at the library about the new court rules and forms for BC Supreme Court cases.

Where can I find the new court rules and forms for Supreme Court cases?

There are two new sets of rules that came into effect on July 1, 2010: 

Also of note is that the Supreme Court has issued a new collection of Practice Directions and Administrative Notices to coincide with the coming in to effect of the new court rules:

Can I fill in the new court forms online?

Yes. There are fillable PDF versions of the court forms under the new rules. The forms can be completed on the computer and saved, printed, or filed electronically. (Note that you will need the free Adobe Reader to use these fillable forms.)

You can access the fillable court forms at:

My Supreme Court case started before July 1, 2010. Will the new rules affect me?

Yes. The new Supreme Court rules apply to cases started before July 1, 2010. From July 1 on, you must follow the new court rules.

There is an exception. Under the new civil rules:

Rule 24-1(14) If a step in a proceeding is taken before July 1, 2010, the former Supreme Court Rules apply to any right or obligation arising out of or relating to that step if and to the extent that that right or obligation is to have effect before September 1, 2010.

For a case that is not a family law case, the guidebook Transition to New Rules in the Supreme Court, developed by Justice Education Society, outlines how the new court rules will affect a case started before July 1, 2010. 

For a family law case, Questions about the new Supreme Court Family Rules coming into effect July 1, 2010, a fact sheet from Legal Services Society, provides some questions and answers about the new rules in family law cases.

I’m trying to figure out what new rule (or form) matches this old rule number (or form number)

For family law cases:

For all other cases:

I'm trying to prepare a case under the new Supreme Court rules

For civil cases, an excellent starting is the Supreme Court Self-Help Guidebook series, developed by the Justice Education Society and available through Clicklaw. The series includes over 20 guidebooks written in plain language for those who are representing themselves in BC Supreme Court. The guidebooks have been updated for the new court rules and include court forms with annotations explaining key parts of each form.

For family law cases, good starting points include:

In our courthouse libraries, we have copies of Carswell's Guide to Civil Litigation, updated for the new rules and forms. The Guide features detailed annotations for each form, explaining what needs to be completed and done with the form. 

Our libraries also have copies of the Civil Rules Transition Guide, from the Continuing Legal Education Society of BC. As well, several of our CLE practice manuals have now received updated contents incorporating the new rules and forms, including the BC Family Practice Manual, the BC Probate and Estate Administration Practice Manual, and Discovery Practice in BC.


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Please note that comments are moderated.

Comments  8

  • Janet Friday, July 09, 2010

    I’m trying to clarify the exception under Rule 24-1(14), which reads “If a step in a proceeding is taken before July 1, 2010, the former Supreme Court Rules apply to any right or obligation arising out of or relating to that step if and to the extent that that right or obligation is to have effect before September 1, 2010.” With respect to this exception, if I have been served with a Writ of Summons with Statement of Claim (the first “step in a proceeding”) under the old rules before July 1, 2010, that gives rise to the “obligation” of responding to the claim. My reading is that this response can be completed using the form under the old rules (the Statement of Defence), as the obligation to respond to the Writ and Statement of Claim must be done before September 1, 2010. All subsequent steps in the proceeding after the completion of the Statement of Defence would be governed by the new Civil Rules.
  • Lloyd Duhaime Tuesday, July 13, 2010

    Drew: This is great that all the necessary links are on one page. This should be a mandatory bookmark for all BC lawyers. Indeed, the  government should have done this. Rather than reinvent the wheel, I will hyperlink to this page from my LawMag article, Court Rules Revolution: Out With Old, In With New but as a lawyer, I also thank you for this.
  • Drew Jackson Jul 13, 2010

    Janet -- Great question about the transition provision, and what constitutes a "step in a proceeding" for the purposes of new Rule 24-1(14). I see that in CLE's Civil Rules Transition Guide, on p. 2-321, they comment on the transition provision: "This may induce those who prefer the former discovery rules to deliver demands for discovery of documents or appointments to conduct examinations for discovery before July 1, 2010." I can't find any mention specifically of the statement of defence/response scenario you ask about. We'll keep looking!
    Lloyd -- Glad you found the post of value, and many thanks for the kind words!
  • Janet Wednesday, August 04, 2010

    Another question around Rule 15-1(1), which sets out four pre-requisites applicable to fast track files in sub-paragraphs (a) through (d); can you tell me if only 1 of those pre-requisistes need to apply as is inferred by the "OR" between (c) and (d) - or should it be read as

    (a) AND (b) AND, (c) or (d) - in other words, there must be three requirements? 
  • Drew Jackson Aug 5, 2010

    Hi Janet,
    Great question. In British Columbia Practice by McLachlin & Taylor, Vol 2, on page 15-2, there is quite a detailed discussion on the interpretation of this rule. The line that may interest you the most is:

    “…interpretation of Rule 15-1(1) that is consistent with traditional drafting conventions is that Rule 15-1 applies to an action if any one of the four conditions precedent set out in Rule 15-1(1)(a) to (d) is satisfied, but that if condition (b) (“trial of the action can be completed within 3 days) ceases to be applicable, then under Rule 15-1(14)…”
  • kim Saturday, August 14, 2010

    My question is.A judge just recently ordered that the plantif in my case,of more than five years,produce particular's of their claim of undue influence,they have until Nov 30 2010, does this still apply
  • Mandy Ostick Monday, August 16, 2010

    Thanks for your question Kim, according to latest update of Conduct of Civil Litigation in British Columbia (a book available in Courthouse Libraries), the new Supreme Court Rules 3-7(18) and (21) require particulars for a claim of undue influence.

    Regarding whether the new court rules apply to your case - I'd suggest having a look at some of the online sources we mention above that deal with the question of how the new rules affect an older case - such as the Justice Education Society of BC's Transition to New Rules in the Supreme Court, or you can visit a courthouse library to use sources available in the library like CLE's Civil Rules Transition Guide.

  • Christy MacKinnon Wednesday, October 06, 2010

    This is amazing.  Thanks for preparing this Drew.  I am a law firm librarian in Calgary and you just helped me answer a legal assistant's question in under 5 minutes.
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