An introduction to the Rules of the Supreme Court of British Columbia
With David Hobbs
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Show Notes Episode 9:
- David will be referring to British Columbia Annual Practice throughout.
- Lawyers and judges refer to substantive law and procedural law. Rules are considered procedural law.
- In court, rules need to be followed in order to be procedurally correct.
- The rules can be found online, or in book form e.g. British Columbia Annual Practice by Gordon Turriff, Q.C. The Honourable Madam Justice Janice R. Dillon ISBN-10: 0779879503
- Rules begin with a table of concordance. This allows you to relate the new rules to historical rules. eg. if rule 2 used to be rule 1, the table will show you that information.
- This is followed by a table, with headings for each rule and sub-rules.
- Each rule can have many sub rules, so the table is a good place to start in order to find what you’re looking for.
- Rules tend to be chronologically designed to mirror the flow of litigation.
- You’ll find rules early on regarding how to start a law suit, what forms to use, etc.
- Planning rules relate to case planning – they relate to going to court and discussing with judges how a case might proceed.
- The rules then discuss discovery procedures – the first level is usually documents, then move into examination for discovery.
- These are followed by rules regarding going to trial, rules regarding settlement, case management, and summary trails.
- Rules regarding trails include rules about expert witnesses and their reports, evidence, and what needs to be filed with the court registry.
- Since there are so many rules and forms, there is a separate book for the forms.
- There are some areas of the rules that are particular to some types of cases, eg. admiralty rules or foreclosure rules, and there’s a whole section of the rules that deals exclusively with estate matters.
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