BarTalk October 2001
Volume 13, Number 5

Questions and Answers

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. Please fax questions or comments to 604.660.4631.

Is a filing fee charged for filing a separation agreement if a court file for the same parties has already been opened? Family Relations Act s. 122

Yes. See Appendix C, item 15. The fee is not required if the party is filing an addendum or amendment to an agreement already filed.

Do I have to pay a filing fee for a short leave application? Rules 3(2) & 51A

No. The application may be made by praecipe so there is no filing fee for the short leave application. However, the fee for the main application is payable when the notice of motion is filed with the short leave praecipe

What is the procedure for short leave under Rule 51A? Rule 3(2) & 51A

Counsel prepare a short leave praecipe and bring it and the original and one copy of the notice of motion and affidavit to the court registry. The registry will file the motion, the affidavit and the short leave praecipe. The praecipe will be attached to the copies of the motion and affidavit. Counsel will then be directed to speak to short leave. If granted, the master/judge/registrar will endorse the order for short leave on the praecipe. Counsel will then deliver/serve a copy of the short leave praecipe, motion and affidavit to all parties that may be affected by the relief sought. To set the main application down for hearing, counsel present the original short leave praecipe together with the notice of hearing and other documents required under Rule 51A pursuant to the time frame indicated on the order for short leave.

How do the new rules apply to matters that are heard in chambers but are not commenced by petition and are not interlocutory applications such as appeals from a master or registrar, appeals under Rule 49 and special case proceedings brought under Rule 33?

These matters are not governed by the new rules, because they are not originating or interlocutory applications. Each has specific rules setting out the appropriate procedure which will still be in effect after July 1.

If I file and serve an old style notice of motion outside Vancouver prior to July 1, 2001 returnable after July 1 will the matter appear on the chambers list? Rule 51A

Yes, the matter will appear on the chambers list. There is no need to file further material.

Do I have to file a record if the motion was delivered before July 1, 2001 but set to be heard after July 1 if the matter is under 30 minutes and set in Vancouver? Rule 51A

No record is required, but a record would be accepted by the registry and if one was filed the matter would be given priority as set out in the practice direction.

What can the applicant do if the opposing party does not deliver a response within the time allowed? Rule 51A(2)

The opposing party is not a “respondent” as defined by Rule 51A(2) so the applicant can set the matter for hearing without consulting that party as to the hearing date.

What can the respondent do if the applicant sets down a hearing scheduled to take over 30 minutes but does not file a record? Rule 51A (12)

The registry will not accept the notice of hearing without the record if the time estimate is over 30 minutes

What can a respondent do to proceed with a hearing if the applicant refuses to set the matter down for hearing?

This is covered in Rule 51A(18): “If the applicant does not set an application down for hearing within a reasonable time after a respondent has requested the applicant to do so, a respondent may apply by praecipe on 2 days notice for directions.”

When a person is granted an order for indigent status, does it apply to all proceedings in the file?

Indigent status does apply to all proceedings in the file if so ordered. Check the specific terms in the order. The party must produce a copy of their order each time they file documents which attract fees or request photocopies. Indigent status applies only to fees payable to the Crown under Appendix C of the Supreme Court Rules. It does not apply to other fees such as those payable for transcripts, to the federal government for registration of divorce proceedings or under Jury Act for jury fees.

Are there extra court filing fees for filing the notice of hearing or the response? Appendix C

No. Fees are payable on filing the notice of motion or petition as under the existing rules.

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