BarTalk April 2001
Volume 13, Number 2

The following questions on registry practice and procedure have been asked by Registry staff, and members of the Bar throughout BC. The answers are formulated by Katherine Wellburn, Registrar and Dawn Levert, Manager of the Provincial Registrars 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 fax 604.660.4631.

Where must a determination under the Employment Standards Act be filed?

A determination may be filed at any Supreme Court Registry. It is entered as an order of the Court and is enforceable in the same manner as a judgment of the Supreme Court. No other documents are required. Employment Standards Act s. 5

Are articled students permitted to approve and sign orders?

Yes, articled students may approve and sign orders when they appear in Court on matters listed in s. 2-43 of the Law Society Rules. Visit www.lawsociety.bc.ca.

What disbursements are usually allowed on a default judgment?

• Filing fee for issuance of proceedings;

• Filing fee for issuance of Default Judgment;

• Photocopies $.15 max $15;

• Faxes $.20 per page for incoming and outgoing max $20;

• Service fees – include invoice

• GST and PST if paid; and

• Reasonable amount for postage.

If applicable:

• Filing fee for substitutional service application;

• Units 16 & 31 for substitutional service application;

• Company search – $10;

• Attempted service fees – include invoice;

• Fees to locate defendant – include invoice; and

• Long distance charges if client is out of town.

The following are common disbursements that are not usually allowed:

• online searches;

• swearing of affidavits;

• courier fees; and

• issuance of certificates of pending litigation.

No costs other than disbursements are allowed if the claim is within the jurisdiction of the Small Claims Court (Rule 57(10). Default Judgment Rules 17, 25, & Appendix B

Is Rule 51A the same as Rule 65, the Vancouver Chamber’s practice?

No, it is substantially different. Visit www.courts.gov.bc.ca for more information.

Can a trial judgment be set aside by a consent dismissal order?

No. An application to set aside or vary a judgment must be made in Chambers – Rule 52 (2) (d). See Carla M. Courtenay Law Corporation v. Lalani, [2001] BCCA 0082, February 16, 2001.

This article was published in the April 2001 issue of BarTalk.