Hobbs Giroday Podcast featuring David Hobbs

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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