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Stay current with the latest news and views from Courthouse Libraries BC.  

  • Asked and Answered: What are CSA standards and where can I find them?

    by Megan Smiley | Jul 10, 2017
    Asked & Answered is a collection of answers to tricky legal research questions, written by Courthouse Libraries staff. Search Asked & Answered here.

    WHAT ARE CSA STANDARDS AND WHERE CAN I FIND THEM?
     

    CSA Group – formerly Canadian Standards Association – is Canada’s largest standards development organization. They develop industry specific standards and codes that determine best practices, promote safer work environments, and improve product safety and performance for a wide range of industries.

    Over 3000 CSA standards and codes are available for purchase through the CSA Online store in print and digital formats. Pricing varies from publication to publication.

    Courthouse Libraries BC does not collect CSA standards, but they are available at other libraries. Some CSA publications can be found at Vancouver Public Library – you can check the VPL catalogue to see if they have the one you need. UBC Library also has an extensive collection of standards which can be searched through the UBC catalogue.

    Links

    CSA Group - http://www.csagroup.org/

    CSA Store - http://shop.csa.ca/?gclid=CKS98sn5z9QCFRBEfgodxYoJ2Q

    UBC Library catalogue - http://www.library.ubc.ca/

    UBC Library contact - http://about.library.ubc.ca/contact-us/

  • 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

     

     

  • Clauses for a qualified disability trust?

    by Tracy McLean | Mar 02, 2017
    Over the past few weeks, we've been asked for clauses for a new type of testamentary trust for individuals with disabilities.   We discovered that it is actually called a qualified disability trust (QDT).  

    According to the CRA, a qualified disability trust for a taxation year is a testamentary trust that arose on the death of a particular individual, that jointly elects, with one or more beneficiaries under the trust, in its T3 return of income for the year to be a qualified disability trust for the year.

    Basically, this allows certain trusts that are created for the benefit of a person with a disability to have access to graduated rates of taxation.

    The change to section 122 of the Income Tax Act, RSC 1985, c. 1, 5th Supp., was brought in by Part I of the Economic Action Plan 2014 Act, No. 2, SC 2014, c. 39, s. 38(2), which came into force upon Royal Assent - December 16, 2014. 

    Despite the amendments coming into force in 2014, the QDTs first apply in the 2016 taxation year. 
     
    We found commentary on the topic in CLE Online, Quicklaw and WestlawNext, but no sample clauses.  Since the QDT's haven't yet been applied, clauses have not been written or published.

    The CLE Practice Manual, Wills and Personal Planning Precedents—An Annotated Guide (available via CLE Online in all Courthouse Libraries), chapter 16.1  states "unfortunately, we feel we do not yet have enough information to understand how the Canada Revenue Agency will view the transition from estate to trust and have not yet developed a precedent to permit the executor to hold an estate for up to 36 months before holding as a trustee. "
     

TRACY MCLEAN

Tracy is the manager of Information Services at our Vancouver library.

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