The following questions on registry practice and procedure have been asked by Registry staff, and members of the Bar throughout British Columbia. The answers are formulated by Elizabeth Dunn, Registrar and Joanne Power, Manager of the Registrar Program, and are vetted by their panel of editors. The questions and answers are published in the Registrar’s Newsletter, distributed quarterly to BC Supreme Court Registries. If you have a question or comment, please direct it to Joanne Power at 250.387.0096.

Question
When counsel attend for Chambers at 9:45 a.m. and are not called until the afternoon, what items are claimable for the morning? Appendix B, Items 16 & 17

Answer
The party entitled to costs may claim a full day attendance (Item 17) and a half day preparation (Item 16).

Question
Is there still a difference in the age of a child under the Family Relations Act and the Divorce Act? Divorce Act s.2(1)

Answer
Under the Divorce Act (even as revised) the status of “child of the marriage” can certainly include an individual “of majority or over and under their (parents) charge but unable by reason of illness, disability, or other cause to withdraw from their charge or obtain the necessaries of life”. In other words, under the terms of the Divorce Act (as opposed to the Family Relations Act), the status can continue in majority.

Question
When a provisional order made in another Province is returned to British Columbia for confirmation under the Divorce Act, the Ministry of the Attorney General does not appoint counsel to appear on the applicant’s behalf. This usually means that if the party served does not appear at the hearing no one is present. Our Judges have been reluctant to deal with applications under these circum-stances. What do you suggest the registries could do to assist the court? Divorce Act s.19(9)(9.1)(10)

Answer
In Victoria, we use an information sheet to advise the Court. Listed in this document are the Court’s options. It is important registry staff identify this application on the Chambers sheet, as the application must be recorded and a transcript produced.

Question
When restraining orders are submitted for entry, counsel often fail to provide the date of birth of the party restrained. Registry staff must then pull the file to search for the party’s date of birth. Can you suggest a solution? Family Relations Act s.37 Family Law Practice Direction # 9 and Rule 60(33)

Answer
In the amendments effective September 1, 1998, the restraining order [form 134] sets out “...insert (if known) the birth dates of the person restrained, of the applicant and of the children referred to.” Birth dates are required by the police and the firearms registry.

Time is critical in these orders. As a result, it is preferable to pull the file to obtain the necessary dates (which are required for index) rather than return the order to counsel and incur further delay. The amendments should gradually make this step unnecessary.

Question
How should the Registry index an application for an increase in remuneration under the Legal Profession Act? Legal Profession Act, s.87(7)

Answer
Section 87(7)(b) sets out “the style of cause must not disclose the identities of the solicitor and client,...” In order to maintain a record for any future applications, the application may be indexed as follows:

Legal Profession Act
Pursuant to Section 87
v
Contract for Remuneration
____day of _______19__.

Question
The Woodworker Lien Act requires a fee for filing a statement of lien which is prescribed by the Lieutenant Governor in Council. Where is this fee set out? Woodworker Lien Act, s.3(2)

Answer
The fee is set out in the regulations to the Act. Your Courthouse Law Library should have these available.

Counsel continue to file default judgment applications using the wording “...the plaintiff recovers judgment against the defendants...”. Is this acceptable practice? Rules 17 & 25

No. The proper wording is set out in form 86 in Appendix A.

Question
Would it be in the Registrar’s discretion to reject a default judgment application when the statement of claim does not set out the date a contract was entered into, or a date the case of action arose? Rules 17 & 25

Answer
The Registrar would have no authority under Rules 17 or 25 to reject on these grounds. If the defendant elected not to defend the proceeding after proper service and the claim is one set out in Rule 17 or 25, the Registrar should proceed to enter the judgment.

Question
When the Registrar issues a writ of execution, can the original be given back to the creditor for enforcement purposes? Rule 42(14)

Answer
No, the writs must be directed to a court bailiff designated by the Ministry of Attorney General. You will find the listing of the designated bailiffs in the Court Bailiff and Contract Administrator directory issued by Court Services Headquarters and on page 43 of the 1999 BC Lawyers Directory. As this arrangement is relatively recent, there are still some procedural anomalies.

Question
Is the approval of the defendant required for a desk order divorce when they have not filed a statement of defence and counter-claim? Rule 60(26)

Answer
The Court may require the defendant’s approval on an order if the relief requested in the order is not set out in the Petition for Divorce. The registry should forward those applications to a judge for consideration.

Question
Are the transcript fees under Item 16 applicable since the contracting out of this service? Appendix C, Schedule 1, Item 16

Answer
No, this item will be removed from Appendix C in an up-coming “housecleaning” amendment.

This article was published in the February 1999 issue of BarTalk. © 1999 The Canadian Bar Association. All rights reserved.