A revision for the 21st century.

by Stuart Rennie

In 1880, the first legislated Supreme Court Rules came into force. In July 2009, over a hundred years later, the new Supreme Court Civil and Family Rules were released. These new Rules will come into effect July 1, 2010. These new Rules will be the first revision for the 21st century.

The new Rules have been in development for years. In 2002, the Justice Review Task Force (JRTF), was created by the Law Society, with representation from the CBABC, the Ministry of Attorney General and the courts.

In 2005, the Family Justice Reform Working Group to the JRTF issued a report proposing new streamlined Supreme Court Family Rules.

In 2006, the Civil Justice Reform Working Group to the JRTF issued a report that suggested sweeping changes to civil litigation in B.C. Draft Civil Rules were circulated for comment by the profession and the public.

Over the years, the CBABC has spent much time and effort reviewing and making recommendations regarding the Civil and Family Rules.

For the proposed Civil Rules, the CBABC made comprehensive submissions from the CBABC Supreme Court Rules Special Committee, Automobile Insurance Committee, the Maritime Law Section and the Poverty Law Section. For example, regarding the objects of the Rules, the CBABC Special Committee recommended that the objects retain reference to the just, speedy and inexpensive determination of a proceeding on its merits along with principles of proportionality. This recommendation was accepted and is found in Rule 1-3. The CBABC Automotive Committee, for instance, urged that the provision that experts must confer be eliminated. Rule 8-4 does not require experts to confer. The CBABC Maritime Law Section recommended that the current Rule 55 which provides for in rem actions commenced against vessels be retained. B.C. is the only Superior Court in Canada that has in rem jurisdiction. Rule 19-1 permits maritime actions to continue to be brought in the B.C. Supreme Court. The CBABC Poverty Law Section recommended that there be a special rule for persons who are indigent and cannot pay court fees. Rule 20-5 provides that no fees are payable by persons who are found to be indigent.

Other new changes to the Civil Rules include: fast track litigation for trials that can be completed within three days and involve a maximum of $100,000, case planning conferences, document discovery limits, interrogatories, trial management conferences and court fees.

For the proposed Family Rules, the CBABC B.C. Supreme Court Family Rules Working Group (“Working Group”) conducted surveys of CBABC members, participated in focus groups and in its final report made over 100 recommendations. For instance, the Working Group recommended that the Family Rules be a stand-alone code, which they are. The Working Group recommended that there be a new rule providing for summary trials. Rule 11-3 provides for summary trials. The Working Group recommended that reference to special referees be added. Rule 22-7 permits such referrals to special referees. The Working Group also recommended that reference to expert reports under section 15 of the Family Relations Act be included. Rule 13-1 does that.

Other new changes to the Family Rules include: proportionality as an object of the Rules, limits on discovery, expanded powers for judicial case conferences, joint experts and new forms.

Visit www.cba.org/BC/Initiatives/main/submissions.aspx to view CBABC submissions regarding the Civil and Family Rules.

Stuart Rennie, Barrister and Solicitor, Legislation and Law Reform Officer for CBABC.

This article was published in the August 2009 issue of BarTalk. © 2009 The Canadian Bar Association. All rights reserved.