B.C. Reg. 297/2001 Deposited December 17, 2001
O.C. 1075/2001 effective March 1, 2002
Court Rules Act
COURT OF APPEAL RULES
[includes amendments B.C. Reg. 62/2002
and B.C. Reg. 77/2003]
Contents
Part 1 – Interpretation
1 Definitions
2 Naming of respondents
Part 2 – Applications for Leave to Appeal
3 Application for leave to appeal
4 Amendment of notice of application for leave to appeal
5 Filing of notice of appearance by respondent
6 If notice of appearance is not filed
7 Notice of motion and motion book by appellant
8 Reply book by respondent
9 Application for stay of proceedings or stay of execution
10 Service if application for leave to appeal is granted
Part 3 – Notices of Appeal
11 Notice of appeal
12 Amendment of notice of appeal
13 Filing of notice of appearance by respondent
14 If notice of appearance is not filed
Part 4 – Cross Appeals
15 Notice of cross appeal
16 Amendment of notice of cross appeal
17 Filing of notice of appearance by respondent
18 If notice of appearance is not filed
Part 5 – Appeal Proceedings
19 Appeal Records
20 Transcripts of evidence
21 Factums
22 Form and content of factums
23 Factums on cross appeal
24 Reply if no cross appeal filed
25 Reply if cross appeal filed
26 Appeal Books
27 Filing of transcript extracts
28 Appeal ready for hearing and certificate of readiness
29 Prehearing conference
30 Points of law and authorities not cited in factum
31 Further evidence
Part 6 – Applications
32 Application
33 General requirements for applications to a justice
34 Specific requirements applicable to applications to vary an order of a justice
35 Applications to review an order or direction of the registrar
36 Applications for intervenor status
37 Applications to cross-examine on affidavits
38 Applications for indigent status
Part 7 – Procedure on Appeals and Applications
39 Service of documents
40 Books of authorities
41 Written argument
42 Registrar may request estimates of time
43 Notification to registrar
44 Hearings by telephone or videoconference
45 Registrar may change time or place of hearing of appeals and motions
46 Settlements or abandonments
Part 8 – Orders
47 Drawing and approving orders
48 Consent orders
49 Settlement of orders when necessary
50 Correction of orders
51 Order book to be kept by registrar
Part 9 – General
52 Time limits may be extended or abridged
53 Documents for use in court
54 Filing and form requirements
55 Transmission of exhibits to the registrar
56 Indigent litigants
57 Business hours of the registry
58 Practice directives and practice notes
Part 10 – Costs
59 Costs to be assessed under Appendix B
60 Costs assessed as increased costs
61 Costs assessed as special costs
62 Special costs as a lump sum
63 Certain duties of the registrar
64 Costs when party uses an employee as the party’s lawyer
65 Costs of particular issues or of any part of proceedings
66 Costs out of estate or property
67 Discretion of registrar in specific circumstances
68 Appointment to assess costs
69 Certification of costs and enforcement
70 Review of registrar’s decision
71 Consequences for solicitors for unnecessary or wasted costs
Appendix A – Forms
Appendix B – Party and Party Costs
1 Application
2 Scale of costs
3 Value of units
4 Discretion as to costs
5 Apportionment if appeals heard together
6 Preparation if activity does not take place
7 Offer to settle bill of costs
Tariff of Costs
Definitions
1 In these rules:
“Act” means the Court of Appeal Act;
“appellant” includes, in the case of an application for leave to appeal, the applicant;
“bring an appeal” means bring an appeal within the meaning of section 14 of the Act;
“court appealed from” means the court, judge or tribunal from which an appeal is brought;
“document” includes a photograph, film, recording of sound, any record of a permanent or semi-permanent character and any information recorded or stored by means of any device;
“file” means file with the registrar in a registry of the court;
“party” in relation to a proceeding, means the person bringing the proceeding and each respondent who has filed a notice of appearance in the proceeding;
“proceeding” means an application for leave to appeal, an appeal or a cross appeal;
”respondent” means a person named as a respondent in a notice of application for leave to appeal or notice of appeal, as the case may be, and includes a person who becomes a respondent under Rule 2 (2);
“serve” means serve in accordance with Rule 39.
Naming of respondents
2 (1) A person preparing a notice of application for leave to appeal under Rule 3, a notice of appeal under Rule 11 or a notice of cross appeal under Rule 15 must name as a respondent to the proceeding every person who could be affected by the order requested.
(2) If a justice considers that a person who was not named as a respondent in a notice of application for leave to appeal, a notice of appeal or a notice of cross appeal could be affected by the order requested, the justice may order that
(a) the person be added as a respondent to the proceeding,
(b) the notice of application for leave to appeal, the notice of appeal or the notice of cross appeal be amended by adding the person as a respondent, and
(c) the notice of application for leave to appeal, the notice of appeal or the notice of cross appeal be served on that respondent.
Part 2 – Applications for Leave to Appeal
Application for leave to appeal
3 A person seeking to bring an appeal for which leave to appeal is required must, within the time period set out in section 14 of the Act,
(a) prepare a notice of application for leave to appeal in Form 1,
(b) file one copy of that notice of application for leave to appeal for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) unless such service is dispensed with under section 14 (2) (b) of the Act, serve one filed copy of the notice of application for leave to appeal on each of the respondents.
Amendment of notice of application for leave to appeal
4 A notice of application for leave to appeal may be amended
(a) before the filing of the appellant’s motion book under Rule 7, or
(b) after the filing of the appellant’s motion book, with leave of a justice.
Filing of notice of appearance by respondent
5 After a respondent is served with a notice of application for leave to appeal, the respondent must, within 10 days after being served,
(a) file a notice of appearance in Form 2, and
(b) serve one filed copy of the notice of appearance on the appellant.
If notice of appearance is not filed
6 If a respondent who has been served with a notice of application for leave to appeal fails to file a notice of appearance,
(a) the respondent is presumed to take no position on the application, and
(b) unless a justice otherwise orders or these rules otherwise provide, no party to the appeal has any obligation to serve on the respondent any further documents related to the application.
Notice of motion and motion book by appellant
7 (1) Within 30 days after filing a notice of application for leave to appeal, the appellant must
(a) prepare
(i) a notice of motion for leave to appeal in Form 3, and
(ii) a motion book in Form 4,
(b) file one copy of the notice of motion for leave to appeal and motion book for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the notice of motion and motion book on each of the other parties.
(2) Unless a justice otherwise orders, the appellant must serve the notice of motion and motion book at least 5 days before the date of the hearing of the application.
(3) If the notice of motion and motion book are not filed under subrule (1) (b) within 30 days after the date on which the notice of application for leave to appeal is filed, the appellant must not set the application down for hearing without first obtaining leave to proceed from a justice.
Reply book by respondent
8 At least one business day before the date of the hearing of an application for leave to appeal, each respondent who has been served with a filed copy of the notice of motion and motion book under Rule 7 (1) (c) must
(a) prepare a reply book in Form 5,
(b) file one copy of the reply book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the reply book on each of the other parties.
Application for stay of proceedings or stay of execution
9 (1) An applicant for leave to appeal may join, with the application for leave, an application for a stay of proceedings or an application for a stay of execution pending an appeal.
(2) If 2 applications are joined under subrule (1), the following must be modified accordingly:
(a) the notice of motion;
(b) the title on the cover of the motion book;
(c) the memorandum of argument.
(3) A party who wishes to apply for a stay of proceedings or stay of execution that is not joined with an application for leave to appeal must
(a) prepare
(i) a notice of motion in Form 6, and
(ii) a motion book in Form 4,
(b) file one copy of the notice of motion and motion book for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the notice of motion and motion book on each of the other parties.
(4) Unless a justice otherwise orders, the applicant in an application for a stay of proceedings or a stay of execution referred to in subrule (3) must serve the notice of motion and motion book referred to in subrule (3) (c) at least 5 days before the date of the hearing of the application.
Service if application for leave to appeal is granted
10 (1) Unless a justice otherwise orders, if an application for leave to appeal is granted, the appellant must, if one or more of the respondents failed to file a notice of appearance in accordance with Rule 6, serve one copy of the order granting leave to appeal on each of the respondents who had failed to file a notice of appearance in accordance with Rule 6.
(2) Within 10 days after being served under subrule (1) with the order granting leave, a respondent must,
(a) file a notice of appearance in Form 2, and
(b) serve one filed copy of the notice of appearance on the appellant.
(3) If a respondent who was served under subrule (1) with the order granting leave fails to file a notice of appearance on or before the date required under subrule (2),
(a) the respondent is presumed to take no position on the appeal, and
(b) unless a justice otherwise orders or these rules otherwise provide, no party to the appeal has any obligation to serve any further documents related to the appeal on the respondent.
Part 3 – Notices of Appeal
Notice of appeal
11 A person seeking to bring an appeal for which leave is not required must, within the time period set out in section 14 of the Act,
(a) prepare a notice of appeal in Form 7,
(b) file one copy of that notice of appeal for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) unless such service is dispensed with under section 14 (2) (b) of the Act, serve one filed copy of the notice of appeal on each of the respondents.
Amendment of notice of appeal
12 A notice of appeal may be amended
(a) before the filing of the appellant’s factum under Rule 21 (1) (b), or
(b) after the filing of the appellant’s factum, with leave of a justice.
Filing of notice of appearance by respondent
13 Within 10 days after being served with a notice of appeal, the respondent must
(a) file a notice of appearance in Form 2, and
(b) serve a filed copy of the notice of appearance on the appellant.
If notice of appearance is not filed
14 If a respondent who has been served with a notice of appeal fails to file a notice of appearance,
(a) the respondent is presumed to take no position on the appeal, and
(b) unless a justice otherwise orders or these rules otherwise provide, no party to the appeal has any obligation to serve any further documents related to the appeal on the respondent.
Part 4 – Cross Appeals
Notice of cross appeal
15 A respondent seeking to bring a cross appeal must, within the time period set out in section 15 (2) of the Act,
(a) prepare a notice of cross appeal in Form 8,
(b) file one copy of the notice of cross appeal for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) unless such service is dispensed with under section 15 (2) of the Act, serve one filed copy of the notice of cross appeal on each of the appellant and the other respondents.
Amendment of notice of cross appeal
16 A notice of cross appeal may be amended
(a) before the filing of the factum of the respondent bringing the cross appeal, or
(b) after the filing of the factum of the respondent bringing the cross appeal, with leave of a justice.
Filing of notice of appearance by respondent
17 A person served with a notice of cross appeal who is not already a party to the appeal must
(a) file a notice of appearance in Form 2, and
(b) serve a filed copy of the notice of appearance on each of the other parties.
If notice of appearance is not filed
18 If a person who is required under Rule 17 to file a notice of appearance fails to do so,
(a) the person is presumed to take no position on the cross appeal, and
(b) no party to the appeal has any obligation to serve any further documents related to the appeal or cross appeal on the person.
Part 5 – Appeal Proceedings
Appeal Records
19 Within 60 days after bringing an appeal, the appellant must
(a) prepare an Appeal Record in Form 9,
(b) file 4 copies of that Appeal Record for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the Appeal Record on each of the other parties.
20 (1) If oral testimony was presented in the court appealed from, the appellant must, within 60 days after bringing the appeal,
(a) obtain a transcript of the oral testimony,
(b) file one paper copy of that transcript for use by the court plus such additional paper copies as are required for the purposes of paragraph (d),
(c) file one electronic copy of the transcript,
(d) serve one filed paper copy of the transcript on each of the other parties, and
(e) serve on each party who requests it an electronic copy of the transcript.
(2) The format of the paper and electronic transcripts must comply with the format of transcripts produced for the court as set out in the B.C. Court Transcription manual, as amended from time to time.
(3) The parties may exclude from the transcript any testimony that all parties agree to exclude.
(4) Any party may apply to the registrar to settle the contents of the transcript.
Factums
21 (1) Unless a justice otherwise orders, the appellant must, within 30 days after filing the Appeal Record,
(a) prepare a factum in accordance with Rule 22,
(b) file 4 copies of that factum for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the factum on each of the other parties.
(2) Unless a justice otherwise orders, within 30 days after being served with the appellant’s factum, a respondent must
(a) prepare a factum in accordance with
(i) Rule 22, and
(ii) if the respondent intends to cross appeal, Rule 23,
(b) file 4 copies of that factum for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the factum on each of the other parties.
(3) In addition to a paper copy, a party may file an electronic copy of the factum.
(4) On the application of a party or on a justice’s own motion, a justice may order that the filing of factums by any or all parties be dispensed with.
Form and content of factums
22 (1) Each factum must
(a) be in Form 10,
(b) clearly specify, on the cover, on whose behalf the factum is filed,
(c) substantially comply with this Rule and, if applicable, Rule 23, and
(d) be signed by the party or the party’s lawyer, whose name must be clearly printed below the signature.
(2) A factum must not
(a) contain irrelevant material,
(b) reproduce any material or matter that is contained in the Appeal Record or transcript, if reference to the material or matter will reasonably suffice, or
(c) exceed 30 pages in length unless a justice otherwise orders.
Factums on cross appeal
23 (1) If a respondent intends to cross appeal, the respondent’s factum
(a) must be in 2 divisions entitled, respectively, “Factum on Appeal” and “Factum on Cross Appeal”, and
(b) must not exceed 40 pages in length.
(2) Within 14 days after being served with a factum referred to in subrule (1), the appellant must
(a) prepare a factum in answer to the cross appeal that
(i) is entitled “Appellant’s Factum in Answer to Cross Appeal”, and
(ii) complies with Rule 22, and with Rule 25, if applicable,
(b) file 4 copies of that answering factum for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the answering factum on each of the other parties.
(3) The factums on the cross appeal must not unnecessarily repeat matters contained in the factums on the main appeal.
Reply if no cross appeal filed
24 Subject to Rule 25, if an appellant wishes to reply to a respondent’s factum, the appellant must, within 7 days after being served with the respondent’s factum,
(a) prepare a reply in Form 11,
(b) file 4 copies of that reply for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the reply on each of the other parties.
Reply if cross appeal filed
25 If the appellant wishes to reply to the factum of a respondent who has filed a cross appeal, the appellant must include that reply in the factum he or she files under Rule 23 (2).
Appeal Books
26 (1) Unless a justice otherwise orders, within 30 days after filing the Appeal Record, the appellant must
(a) prepare an Appeal Book in Form 12,
(b) file 4 copies of that Appeal Book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the appellant’s Appeal Book on each of the other parties.
(2) If a respondent who has been served with the appellant’s Appeal Book considers that that Appeal Book is incomplete, the respondent may, within 30 days after service,
(a) prepare an Appeal Book in Form 12,
(b) file 4 copies of that respondent’s Appeal Book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the respondent’s Appeal Book on each of the other parties.
(3) The parties may file a joint Appeal Book if all parties agree.
(4) Despite subrules (1) and (2), if the parties agree to file a joint Appeal Book under subrule (3),
(a) the parties must, within 30 days after the filing of the respondent’s factum, prepare a joint Appeal Book in Form 12, and
(b) one of the parties must, within that 30 day period,
(i) file 4 copies of that joint Appeal Book for use by the court plus such additional copies as are required for the purposes of subparagraph (ii), and
(ii) serve one filed copy of the joint Appeal Book on each of the other parties.
Filing of transcript extracts
27 (1) Unless a justice otherwise orders, if the appellant’s factum contains a reference to oral testimony heard in the court appealed from, the appellant must, within 30 days after filing the Appeal Record,
(a) prepare a transcript extract book in Form 13 containing that portion of the transcript that is necessary to explain that reference,
(b) file 4 copies of that transcript extract book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the appellant’s transcript extract book on each of the other parties.
(2) Unless a justice otherwise orders, if the respondent’s factum contains a reference to oral testimony heard in the court appealed from, the respondent must, within 30 days after being served with the appellant’s factum,
(a) prepare a transcript extract book in Form 13 containing that portion of the transcript that is necessary to explain that reference,
(b) file 4 copies of that transcript extract book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the respondent’s transcript extract book on each of the other parties.
(3) If a party includes more than 300 pages in the transcript extract book filed under subrule (2) (b), the party must apply to the registrar for directions.
[am. B.C. Reg. 62/2002, s. 1.]
Appeal ready for hearing and certificate of readiness
28 (1) In this rule, an appeal is ready for hearing
(a) when the Appeal Record and the appellant’s factum and Appeal Book are filed, or
(b) if an order has been made under Rule 21 (4) dispensing with the appellant’s factum, when the appellant’s Appeal Book is filed.
(2) The registrar is to maintain a list of appeals that are ready for hearing.
(3) The appellant must file a certificate of readiness in Form 14 immediately after an appeal is ready for hearing.
(4) If an appellant does not comply with subrule (3), the respondent, after filing the respondent’s factum, may file a certificate of readiness in Form 14.
(5) After filing a certificate of readiness, the party who filed it must contact the registrar to obtain a date for the hearing of the appeal.
(6) Whether or not a party complies with subrule (5), the registrar may, subject to the directions of the chief justice, fix the time and place of the hearing of the appeal.
(7) Once a date is fixed for the hearing of the appeal, the party who filed the certificate of readiness must
(a) file with the registrar a confirmation in writing setting out the date fixed for the hearing of the appeal and the estimated length of hearing specified in the certificate, and
(b) serve a copy of the written confirmation to all other parties.
29 (1) On the request of a party made to the registrar in writing, on the request of the registrar or on a justice’s own motion, the court or a justice may direct a prehearing conference.
(2) If a direction for a prehearing conference is made under subrule (1), the parties or their solicitors must attend before a justice at the time and place directed to consider one or more of the following:
(a) the simplification or isolation of issues on the appeal;
(b) the fixing of the time for the hearing of the appeal;
(c) any other matter that might expedite the appeal.
(3) The justice presiding at a prehearing conference may make an order or direction on any matter referred to in subrule (2) (a) to (c).
Points of law and authorities not cited in factum
30 The court, on terms it considers just, may permit a party to use arguments, raise points of law or cite authorities that were not used, raised or cited in the party’s factum.
Further evidence
31 (1) With leave of the court or a justice, a party may adduce evidence that was not before the court appealed from.
(2) A party applying for leave under this rule must ensure that
(a) the notice of motion is made returnable on the date set for the hearing of the appeal, unless a justice otherwise orders, and
(b) the notice of motion and supporting material are served,
(i) at least 30 days before the hearing of the appeal, if the application is to be heard at the time of the hearing of the appeal, or
(ii) at least 2 days before the hearing of the application, if the application is to be heard by a justice in advance of the appeal.
(3) A party wishing to file an affidavit in opposition to an application for leave under this rule must, at least 7 days before the application is set to be heard by the court,
(a) file 4 copies of that affidavit for use by the court plus such additional copies as are required for the purposes of paragraph (b), and
(b) serve one filed copy of the affidavit on each of the other parties.
Part 6 – Applications
Application
32 This Part applies to every application made to the court or to a justice except to the extent that these rules otherwise provide or a justice otherwise orders.
General requirements for applications to a justice
33 (1) A party wishing to bring an application must
(a) prepare a notice of motion in Form 6,
(b) if the party intends to rely on facts at the hearing of the application, obtain an affidavit to support those facts,
(c) file 2 copies of the notice of motion and affidavit for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (d), and
(d) serve one filed copy of the notice of motion and supporting material on each of the other parties at least 2 days before the date set for the hearing of the application.
(2) Subject to the directions of the chief justice, the registrar may fix the time and place for the hearing of an application.
(3) Unless a justice otherwise orders, the hearing of an application must be completed within 30 minutes.
[am. B.C. Reg. 62/2002, s. 2.]
Specific requirements applicable to applications to vary an order of a justice
34 (1) A party wishing to bring an application under section 9 (6) of the Act to vary or discharge an order of a justice must, within 7 days after the order was made,
(a) prepare a notice of application to vary an order of a justice in Form 15,
(b) if the party intends to rely on facts at the hearing of the application, obtain an affidavit to support those facts,
(c) file 4 copies of that notice of application to vary an order of a justice and affidavit for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (d), and
(d) serve one filed copy of the notice of application on each of the other parties.
(2) Within 14 days after filing a notice of application to vary an order of a justice under subrule (1), the applicant must
(a) prepare a motion book in Form 16,
(b) file 4 copies of that motion book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the motion book on each of the other parties.
(3) After a notice of application to vary an order of a justice and a motion book are filed under subrules (1) and (2), the registrar is to set the date for the hearing of the application and advise the parties.
(4) A party who is served with a motion book must, within 7 days after service,
(a) prepare a reply book in Form 17,
(b) file 4 copies of that reply book for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the reply book on each of the other parties.
[am. B.C. Reg. 62/2002, s. 1.]
Applications to review an order or direction of the registrar
35 A party applying under section 10 (3) of the Act for a review of an order or direction of the registrar must file and serve the notice of motion and supporting material within 7 days after the order was made.
Applications for intervenor status
36 (1) Any person interested in an appeal may apply to a justice for leave to intervene on any terms and conditions that the justice may determine.
(2) A party seeking leave under subrule (1) to intervene in an appeal must, within 14 days after the filing of the appellant’s factum,
(a) prepare
(i) a notice of motion in Form 6, and
(ii) a memorandum of argument in Form 18,
(b) file 2 copies of that notice of motion and memorandum of argument for use by the court plus such additional copies of those documents as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the notice of motion and memorandum of argument on each of the other parties.
(3) In any order granting leave to intervene, the justice
(a) is to specify the date by which the factum of the intervenor must be filed, and
(b) may make provisions as to additional disbursements incurred by the appellant or any respondent as a result of the intervention.
(4) An intervenor must file a factum in Form 10 on or before the date referred to in subrule (3) (a).
(5) Unless a justice otherwise orders, an intervenor
(a) must not file a factum that exceeds 20 pages,
(b) must include in the factum only those submissions that pertain to the facts and issues included in the factums of the parties, and
(c) is not to present oral argument.
[am. B.C. Reg. 62/2002, s. 3.]
Applications to cross-examine on affidavits
37 (1) Any party wishing to cross-examine the deponent of an affidavit filed on behalf of another party may apply to the court or a justice for an order that the deponent attend and be cross-examined before a commissioner for taking affidavits designated by the court or a justice.
(2) Unless a justice otherwise orders, any cross-examination referred to in subrule (1) must take place before the hearing of the appeal or application at which the affidavit is to be referred to.
Applications for indigent status
38 An applicant for indigent status under Rule 56 must prepare, file and serve, in support of that application, an affidavit in Form 19.
Part 7 – Procedure on Appeals and Applications
39 (1) A notice of appeal or notice of application for leave to appeal must be served on each of the respondents
(a) by serving the respondent personally,
(b) by serving the respondent’s solicitor of record in the court appealed from, or
(c) by serving the respondent in any other manner directed by a justice.
(2) A notice of cross appeal must be served
(a) on the appellant
(i) in accordance with subrule (4), or
(ii) by serving it on the solicitor who filed the notice of appeal, and
(b) on each of the other respondents in accordance with subrule (4).
(3) Each party must have, and must include on each document that is filed by or on behalf of the party, an address for service in British Columbia that is one of the following:
(a) the office address of the party’s solicitor of record;
(b) if the party acts in person, a residential address or business address within British Columbia.
(a) in the manner provided in subrule (1),
(b) by delivering that document to the party’s address for service in British Columbia,
(c) by faxing that document to the fax number included in the party’s address for service if the fax includes a cover memo in Form 20, or
(d) by serving the document on the party in any other manner directed by a justice.
Books of authorities
40 (1) Each party to an appeal or application who intends to refer to one or more authorities at the hearing of the appeal or application must, at least 30 days before the hearing,
(a) prepare a book of authorities in Form 21,
(b) file 3 copies of that book of authorities for use by the court plus such additional copies as are required for the purposes of paragraph (c), and
(c) serve one filed copy of the book of authorities on each of the other parties.
(2) If 2 or more parties are required under subrule (1) to file a book of authorities, the parties must, if practicable, file a joint book of authorities.
(3) Despite subrule (1), if the parties prepare a joint book of authorities under subrule (2), one of the parties must, at least 30 days before the hearing,
(a) file 3 copies of that joint book of authorities for use by the court plus such additional copies as are required for the purposes of paragraph (b), and
(b) serve one filed copy of the joint book of authorities on each of the other parties.
(4) Subject to subrules (7) to (9), a book of authorities must contain all the authorities referred to in the factums or motion books, as the case may be, filed by the parties on whose behalf the book of authorities is filed and may be printed on both sides of the page.
(5) Subject to subrule (6), a book of authorities must be limited to 300 pages per volume.
(6) If, in order to give effect to subrule (4), it is necessary to include in a book of authorities more than 300 pages of material, that material must be included in a book of authorities consisting of 2 or more volumes and each volume
(a) must be limited to 200 pages,
(b) must be sequentially numbered, and
(c) must contain an index of all the authorities contained in all the volumes of the book of authorities.
(7) If an authority exceeds 30 pages in length, the party or parties on whose behalf the book of authorities is filed may, instead of including the full version of the authority in the book of authorities, include a copy of the headnote, together with a copy of the page or pages referred to in the factum or motion book, as the case may be.
(8) The party relying on an authority may omit a portion of the authority that is unnecessary and, in that event, must make a note to that effect in the index to the book of authorities.
(9) From time to time, the registrar may publish a list of authorities and parties need not include in their book of authorities any authority included in that list unless the court will be asked to depart from or distinguish the authority.
[am. B.C. Reg. 62/2002, s. 4.]
Written argument
41 The court or justice, on the hearing of an appeal or an application, may order that a party prepare written argument on any matter, whether or not included in the factum or motion book, as the case may be, of any of the parties.
Registrar may request estimates of time
42 (1) The registrar may, at any time, request from a party an estimate of time for the hearing of an appeal or application.
(2) A party who receives a request from the registrar under subrule (1) must promptly give the registrar the party’s estimate of the time.
Notification to registrar
43 If, after the registrar has fixed a date for the hearing of an appeal or application,
(a) all parties have agreed that the appeal should be adjourned,
(b) a party wishes to adjourn the appeal, or
(c) a party considers that an estimate of time given under Rule 42 (2) was substantially high or low,
the appellant or applicant or the party referred to in paragraph (b) or (c) of this subrule must immediately notify the registrar accordingly personally or by telephone and confirm that notification in writing.
Hearings by telephone or videoconference
44 (1) A justice may hear an application under the Act or these rules, or hold a pre- hearing conference, by telephone or videoconference if he or she considers it appropriate.
(2) The registrar may conduct a registrar’s hearing under the Act or these rules by telephone or videoconference if he or she considers it appropriate.
Registrar may change time or place of hearing of appeals and motions
45 (1) Subject to the directions of the chief justice, the registrar may change the time or place fixed for the hearing of an appeal or application.
(2) The registrar is to inform the parties after fixing or changing a time and place of the hearing
Settlements or abandonments
46 Immediately aft