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Supreme Court
The Supreme Court of British Columbia is the province's superior trial court. The Supreme Court is a court of general and inherent jurisdiction which means that it can hear any type of case, civil or criminal. It hears most appeals from the Provincial Court in civil and criminal cases and appeals from arbitrations. A party may appeal a decision of the Supreme Court to the Court of Appeal.
The Supreme Court Act, R.S.B.C. 1996, c. 443, provides for a Chief Justice of the Supreme Court, an Associate Chief Justice, and 86 other justices. The legislation also provides for supernumerary judges who sit hearing cases part-time. Including supernumerary judges, there are presently 106 judges. There are also 13 Supreme Court masters who hear and dispose of a wide variety of applications in chambers. The Supreme Court also has a Registrar and a District Registrar who hear assessments relating to bills of costs, reviews lawyers' accounts, settles orders, references of various types and deals with bankruptcy discharge applications.
Announcements
April 30, 2012
Supreme Court Master Appointment
The Supreme Court of British Columbia welcomes the appointment of Master Leslie J. Muir to Vancouver. Master Muir’s appointment is effective May 7, 2012. For more information about Master Muir please see the press release issued by the Attorney General.
April 24, 2012
Direction to the Registry re Grace Period for Acceptance of Repealed Forms
Chief Justice Bauman has issued a Direction to the Registry which implements a grace period during which the registry will accept Supreme Court Civil and Family Forms which were repealed by Order in Council 192. The grace period will expire on May 30, 2012.
April 24, 2012
Family Practice Direction #8 - Divorce Applications - April 25, 2012
Chief Justice Bauman has issued FPD-8 - Divorce Applications pursuant to which masters have jurisdiction to conduct trial management conferences. FPD-8 is issued to coincide with the coming into force of amendments to the Supreme Court Rules which amend certain forms. With the issuance of this practice direction, FPD-3 - Divorce Applications is rescinded. FPD-8 - Divorce Applications takes effect on April 25, 2012.
April 17, 2012
Practice Direction #34 - Masters' Jurisdiction - April 25, 2012
Chief Justice Bauman has issued PD-34 - Masters' Jurisdiction pursuant to which masters have jurisdiction to conduct trial management conferences. PD 34 is issued to coincide with the coming into force of amendments to the Supreme Court Rules which provide that trial management conferences may be conducted by judges or masters. With the issuance of this practice direction, PD-14 - Masters Jurisdiction is rescinded. PD-34 - Masters' Jurisdiction takes effect on April 25, 2012.
April 10, 2012
Supreme Court of British Columbia 2011 Annual Report
The 2011 Annual Report of the Supreme Court is now available.
April 3, 2012
Announcement from the Rules Revision Committee
Amendments to Supreme Court Civil and Family Rules and Forms - April 25, 2012
Pursuant to Order in Council 192, some important changes to the Supreme Court Civil and Family Rules and certain forms will come into effect on April 25, 2012.
Masters may conduct Trial Management Conferences
Rule 12-2 of the Supreme Court Civil Rules and Rule 14-3 of the Supreme Court Family Rules are amended such that effective April 25, 2012, masters may conduct Trial Management Conferences ("TMCs").
As before, if reasonably practicable, TMCs in civil and family cases will be conducted by the trial judge. However, this amendment is responsive to the circumstance that:
- from a scheduling perspective, only rarely has it proved to be reasonably practicable for a TMC to be conducted the trial judge, and
- with the requirement for a TMC in most civil and family cases, the impact on the Court's judicial resources has been significant. Having masters able to conduct TMCs will allow for better management of the work of the Court.
Orders, Child Support Affidavit, Affidavit in Support of Desk Order Divorce
Order in Council 192 also repeals the following forms and substitutes new forms:
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Form 8 (Default Judgment)
Form 35 (Order after Application)
Form 79 (Order for Indigent Status)
Form F37 (Child Support Affidavit);
Form F38 (Desk Order Divorce affidavit),
Form F51 (Order made after Application),
Form F52 (Final Order),
Form F54 (Restraining Order
Form F85 (Order for Indigent Status)
The former version of each of these forms contained 'tick box' options which were intended to provide guidance to parties and counsel in drafting the terms of orders, and in preparing the Child Support Affidavit and Affidavit in Support of Desk Order Divorce.
Frequently, tick box options that were not applicable were included in orders submitted to the registry for endorsement, or in Child Support Affidavits or Affidavits in support of Desk Order Divorce filed in the registry.
The result was that orders of the Court, which should be clear to litigants and third parties, were cluttered and confusing. As well, Child Support Affidavits and Affidavits in Support of Desk Order Divorces often were confusing and unclear.
Effective April 25, 2012, the former forms listed above are repealed and new forms are substituted.
The new forms direct that all italicized instructions and options in the form that are not applicable in a particular instance must be removed from the form when it is filed with the registry. It is not sufficient to simply draw lines draw through or strike out the paragraphs or provisions that are inapplicable.
April 2, 2012
Judicial Retirement - The Honourable Madam Marion Allan - April 2, 2012
The Supreme Court of British Columbia announces that the Honourable Madam Justice Allan retired from the Supreme Court at Vancouver on April 2, 1012.