PARALEGAL LITIGATION USERS GROUP 5

Transcription

1 PARALEGAL LITIGATION USERS GROUP 5 ( PLUG 5 ) THE GUIDE TO CIVIL LITIGATION FOR SELF-REPRESENTED LITIGANTS IN BRITISH COLUMBIA

2 Table of Contents i. What is This Guide All About? i ii. Introduction ii 1. Before You Start 1 2. Telling My Story (Pleadings) 5 a. Notice of Civil Claim 7 b. Response to Civil Claim 18 c. Amendment to Pleadings 24 d. Application to Waive Fees Finding the Truth 37 a. List of Documents 38 b. Examinations for Discovery 43 c. Case Planning Conferences What Are My Other Choices? 69 a. Fast- Track 69 b. Summary Trial Moving My Action Forward 86 a. Applications 87 b. Trial Management Conferences What I Should Know About Trials What To Do After Settlement or Trial Judgment 135 a. Settlement 135 b. After the Trial 136 c. Settlement Offers Appendix A: Glossary Appendix B: Cultural Diversity and the Canadian Legal Process Appendix C: Calculating Time Appendix D: Further Resources and References Appendix E: Jurisdiction Guide: Judge or Master Appendix F: Self- Represented Litigant s SCBC Civil Action Checklist 182

3 What is this guide all about? 7:15 PM Access to Information is Access to Justice The Amici Curiae Pro Bono Paralegal Program is a clinic staffed with volunteer paralegals to assist self- represented litigants complete civil court forms. A group of these paralegals banded together and we are the authors of this guide. For the last three and a half years, every Wednesday at 7:15 pm, the Amici Curiae Paralegals saw the level of anxiety of the self- represented litigants rise. With 15 minutes left in their session, with their civil Court form awaiting the duty counsel's review, they cannot help but think: now what? Soon enough, with their approved document in hand, their paralegal instructs them: provide three copies to the registry for them to stamp, the registry will keep one copy, you keep one copy, and serve one to the other party. Do this. Do that. It has been a long evening, and with the oral instructions coming fast, there is hardly enough time to remember everything. Some self- represented litigants can be seen furiously scribbling notes. Never mind trying to understand what is going on: at the back of their mind, they know they have a bigger problem. Now what? they ask silently. Afraid. Bewildered. Anxious. We could see the cumulative hurdles and resulting frustrations that our self- represented litigant clients were bearing. So we decided to form a special Amici Curiae group: the Paralegal Litigation Users Group 5 ( PLUG 5 ), to improve access to justice by providing access to information. PLUG 5's original goal was modest, but by no means simple: to provide our clients with tips on how to prepare and conduct themselves accordingly when they appear in front of a Judge, Master or Registrar; and to create checklists and flowcharts to manage their Court case. What was supposed to be a few sheets turned into a 200- page guide on procedures because we wanted to give the Amici Curiae clients a document that was comprehensive and understandable. Legal principles and terms, which the legal profession can take for granted, had to be identified and re- cast in plain language for the benefit of the Amici Curiae clients. The guide also addresses concepts that will help the SRL: why it is important to think about costs; the many ways to save money; what the implications of offers to settle are; why signing Orders is beneficial to them; and why they should consider bringing a Mckenzie Friend along to sit with them. PLUG 5 also did something innovative - they worked closely with Ms. Jennifer Muller, a self- represented litigant, who reviewed the drafts and provided us with her perspective. And it is gratifying to see how Amici Curiae, which is Latin for friends of the Court, continues to acquire more friends. Judges from the Provincial Court of British Columbia; Justices, Masters, Registrars, Deputy District Registrars from the Supreme Court of BC; lawyers (one of whom used to be a self- represented litigant) have all had a hand in clarifying technical issues, suggesting novel approaches, sharing their perspectives and most importantly, providing moral support. On behalf of the self- represented litigants that we serve, thank you.

4 INTRODUCTION To the self- represented litigant, this guide was written for you. It is designed to simplify court procedures in your quest for a legal solution. Social justice means the law applies equally to all persons. In the judicial system, you should have the same opportunity to present a legal claim as a person who can afford a lawyer s services. However, more often than not, those who cannot afford a lawyer already feel defeated and the gap between the haves and the have- nots becomes wider and wider. This project attempts to bridge the widening gap by offering a practical, hands- on effort; an effort which involved contributions from all levels of process and perspective. From its inception in response to an Amici Curiae lecture given by the Honourable Mr. Justice Walker, to numerous paralegals from multiple areas of law, to other self- represented litigants who have battled a Court action, the completed project hopes to provide a comprehensive and realistic picture of how to navigate through a Court file. It highlights what to consider and practical tips which would otherwise be information exclusive to the legal professionals and their experiences. While the contributors of the project are not able to provide legal advice, the content of the guide focuses specifically on procedure: how the process works, why certain procedures are carried out, what the effect of each turn in the case can mean, how to fill out the proper forms, examples of how much filing fees are, what other options are available, and useful appendices that can assist for further explanation or references. The authors have specifically designed the content to bear in mind several key issues: 1. The guide itself may, in the future, become accessible as an online tool, and so the hyperlinks and sectioning of information can be condensed for readers who have access to Internet resources. The guide envisions being adapted for a wide- reaching audience; and 2. Each section explains a specific portion of the civil litigation process. The idea is that you would be able to simply pull out the section about your current place within the litigation, for example, preparing for and attending at discoveries, case planning conferences, trials, etc. In this way, the guide can be read as a whole for the broad picture, or simply referred to on an as- needed basis. This would be particularly useful for organizations that help self- represented litigants, such as the Amici Curiae. Though acutely aware that a project with a scope as large as this will not have the capacity to imagine all situations, this guide is attempting to at least be a resource that can be understood by those without any legal training. As there is an overwhelming amount of people who have no other option than to represent themselves, our offering of procedural explanations and definitions of legalese can optimistically continue the dialogue and efforts of promoting access to justice and maintaining an equal approach to our legal system. This work by the paralegals is part of their commitment to increasing access to justice.

5 Consider carefully before you start 1. What are the potential costs? 2. Which Court should be used? 3. Has the time limit passed? 1. BEFORE YOU START Potential Costs of Litigation With every litigation there is always the risk that you could end up paying large sums of money. British Columbia has a loser pays system, which means that the losing party is usually ordered to pay costs to the winning party, aside from your time and your own expenses. Costs are sums of money ordered by the Court to compensate the winning party the expense of litigating the action. Claiming sympathetic circumstances or financial hardship will not help a losing party to avoid paying costs. There are ways to enforce a Court Order, including garnishing someone s wages to recover a debt. You may want to consider alternative ways to resolve your dispute to reduce the costs. Up until the first day of trial, either party may make an offer to settle the matter. Please refer to section 8(a) on Settlement Offers. Which Court should be used? Small Claims Court vs. Supreme Court of British Columbia In order to determine in which Court you should start your action, consider these factors: Filing Fees Amount Claimable Jurisdiction Provincial Court (Small Claims) The Notice of Claim starts the action and has a filing fee of either $100 or $156 (subject to the claim amount). The Reply to Claim responds to the claim and has a filing fee of either $26 or $50 (subject to the claim amount). The maximum you can recover from the Defendant(s) is $25,000. Only has jurisdiction over claims for: debt or damages, recovery of personal property, specific performance of an agreement relating to personal property or services, or relief from opposing claims to personal property Supreme Court The Notice of Civil Claim starts the action and has a filing fee of $200. The Response to Civil Claim responds to the claim and has a filing fee of $25. Unlimited Can hear any type of action, whether civil or criminal, and appeals from the Provincial Court (civil and criminal cases) and appeals from arbitrations. 1 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

6 The Small Claims Court does not have jurisdiction to hear claims relating to libel, slander or malicious prosecution. For the most current filing fees, please go to: Provincial Court of British Columbia (Small Claims): Supreme Court of British Columbia: - %20C%20- - /Court%20Rules%20Act%20%5BRSBC%201996%5D%20c.%2080/05_Regulations/17_168_2009 %20- %20Supreme%20Court%20Civil%20Rules/168_2009_08.xml Has the time limit passed? Every step of the litigation has a time limit. When you miss your deadlines, there are consequences. There is a time limit even before you start your action. Before you spend the time and money, confirm that you are still legally allowed to sue the other party. There are rules that set out the time period and deadlines for people to sue one another in Court - this is called a limitation period. It is like an expiry date. Limitation periods are governed by the Limitation Act, SBC 2012, c 13. Your claim must be started within the limitation period because once the limitation period expires, you give up your right to claim anything from the offending party. Limitation Act: Purpose: Applies to: to set the time periods that people have to sue one another in Civil Court. all civil claims unless another statute has its own specific limitation date. There are two types of Limitation Periods: 1. Basic Limitation Period, which runs for 2 years; and 2. Ultimate Limitation Period, which runs for 15 years. Each limitation period has a different trigger, as set out in the table below: Basic Limitation Period Starts on the day you discover your claim Ultimate Limitation Period Starts to run on the date the incident occurred To discover your claim, you need to know or should have known that your injury, loss, or damage happened and was caused by another person 2 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

7 Examples Example of the Basic Limitation Period You hired a contractor to build your porch, and it was finished on January 1, When you were gardening one day, you noticed the porch was slanted. You walk around the porch and discover that the back half of the porch is rotting and decaying. The date you realized this was happening was May 1, Because you discovered the rot and decay on May 1, 2016, you have until May 1, 2018 to start your action against your contractor. Example of the Ultimate Limitation Period You hired a contractor to build your porch and it was finished on January 1, You were not so sharp this time and did not notice that your porch was slanting. However, for this example, the rot and decay began on May 1, When you were hosting a patio party on January 1, 2029, you invited everyone to the porch to have some drinks, and the porch completely collapsed. From this event, you discovered that your porch was not properly built. Date What is this date? Type of Limitation Period Limitation Ends On January 1, 2015 act/omission legal claim is based on Ultimate Limitation Period (15 Years) January 1, 2030 May 1, 2016 rot and decay starts n/a n/a January 1, 2029 You discovered the porch was not properly built Basic Limitation Period (2 Years) January 1, 2030 Although the Basic Limitation Period is two years and should end January 1, 2031, we have to think about the Ultimate Limitation Period, which ended on January 1, The Ultimate Limitation Period will set the absolute last date to start an action against the contractor in Court, and will take priority over the Basic Limitation Period. In this scenario, you would only have until January 1, 2030 to start your claim against your contractor. 3 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

8 On June 1, 2013, the new (and current) Limitation Act, SBC 2012, c 13 replaced the old Limitation Act, RSBC 1996, c. 266, so claims that occurred before June 1, 2013, fall under the old Limitation Act. Did Your Act/Omission Occur Before June 1, 2013? If your answer is no, then move on to the Pleadings section. If you answer yes, go to act/2012.htm for guidance under the old Limitation Act, RSBC 1996, c Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

9 2. TELLING MY STORY 5 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

10 PLEADINGS (Supreme Court Civil Rules 3-1, 3-2, 3-3, and 3-7) The forms are found at: A pleading is where you get to tell your side of the story. The clearer it is, the better other people will understand why you deserve compensation or why the lawsuit should go away. What are Pleadings? Pleadings are structured legal forms that are designed: 1. to start your legal claim or to respond to a legal claim, 2. to tell the facts of the dispute, 3. to set the limits of what the case is about for the Court you are only allowed to deal with the issues set out in the pleadings, 4. to provide a summary of why you are entitled to the award you are seeking, and 5. to set out the proposed place of trial. Example: Notice of Civil Claim the first pleading that initiates the action Response to Civil Claim the second pleading that responds to the Notice of Civil Claim Who files a pleading? If you are starting a claim, you are the PLAINTIFF. Go to the Notice of Civil Claim (Supreme Court Civil Rule 3-1. If you have been served with a Notice of Civil Claim, you are the DEFENDANT. Go to the Response to Civil Claim (Supreme Court Civil Rule 3-3. If you cannot afford to pay the Court filing fees Go to the Application to Waive Fees. 6 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

11 Notice of Civil Claim (Supreme Court Civil Rule 3-1) The forms are found at: A Notice of Civil Claim is where you get to tell your side of the story. The clearer it is, the better other people will understand why you are bringing this dispute to the Court s attention and deserve compensation. What is a Notice of Civil Claim? The document that starts a legal action. Who files a Notice of Civil Claim? The Plaintiff is the party (person or organization) starting a legal action, and who files the Notice of Civil Claim. Why file a Notice of Civil Claim? You are asking for the Court s assistance to get compensation for a wrong done to you, or to make another party do something. The lawsuit you are about to start is called an action. The subject matter your action is based on is called a claim. For example: Ms. Doe slips and falls on the floor at XYZ Restaurant. She suffers from injuries caused by the fall. She sues XYZ Restaurant. She says that XYZ Restaurant was negligent (i.e. was not careful enough to keep the floor dry) because it created a safety hazard, causing her to fall and hurt herself. The lawsuit = action (when speaking generally) The claim = negligence (what the lawsuit is about) Each claim is assigned an action number by the Registry. You will see this action number and the location of the Court Registry where the Notice of Civil Claim was filed on the top right- hand corner of every Court document. Examples of civil actions may include: a) Debt - you provided a service and the other party refuses to pay for it; b) Personal injury claims - car accidents, slipping and falling on someone s property, etc.; or c) Wrongful dismissal - you were unjustly fired from your employment and the employer did not give you any or enough severance pay. 7 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

12 If you have to call to inquire about your action at the courthouse, the Registry will almost always ask you for the action number as that is the fastest way for them to find the Court file and assist you. Where can a Notice of Civil Claim be found? If you have a computer: If you do not have access to a computer: a) At the courthouse library; b) At a public library, which usually have computers and printers with internet access; or c) The Justice Access Centre (in Vancouver). Where is the Notice of Civil Claim filed? Choose the Registry closest to your location. After the first filing, you will file all future Court documents at that same Registry. A list of courthouse locations are found at this website: Things you need to know about each party involved: 1. Full legal names of each person/organization a) Person Include the full legal names of the parties. If John Smith also goes by John Michael Smith you would write, John Smith a.k.a. John Michael Smith. b) Businesses you need the corporate name which can be different from the name you see on a sign. For example, the company B.C. Ltd. doing business as Ronda s Store. The only way to get the correct corporate name is to do a corporate search. You can submit your request in person with any of the following service providers: i. Service BC Centre ii. BC Registry Services 2nd Floor, Room Blanshard Street Victoria BC V8W 3E6 iii. Small Business BC West Cordova Street Vancouver BC V6B 1G1 iv. A title search company 2. Each party s address (you cannot use PO boxes). 8 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

13 PLEADINGS: Forms (Supreme Court Civil Rules, BC Reg 168/2000: Rules 2-1, 3-1, 3-3, 3-7, 4-3, 4-6, and 20-5) 1. Form 1 - Notice of Civil Claim 2. Form 15 Affidavit of Personal Service 3. Form 2 - Response to Civil Claim 4. Application to Waive Fees a. Form 17 - Requisition b. Form 79 Order to Waive Fees c. Form 80 Affidavit in Support of Order to Waive Fees 9 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

14 HOW TO DO THIS The Notice of Civil Claim is broken down into 4 sections: 1. Style of Proceedings; 2. Part 1: Statement of Facts; 3. Part 2: Relief Sought; and 4. Part 3: Legal Basis. 1. Style of Proceedings At the top of the Notice of Civil Claim, you will see this: No. Vancouver Registry In the Supreme Court of British Columbia Between: Jane Doe Plaintiff and: John Smith Defendant This identifies your case. It is called a style of proceeding, which you will use on all of your Court forms. On this form, leave the right- corner No. blank - the Registry will provide you with an action number upon filing, which you and the Defendant must then use on all the following Court forms filed in the Registry. Insert the location of the Registry in the next line. 2. Part 1: Statement of Facts This is where you get to tell your side of the story. Stick to the facts. In this section, write down, in chronological order and numbered paragraphs, all the facts that led to the dispute or incident. 10 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

15 1. Start off by stating who the parties are: The Parties: 1. The Plaintiff, Jane Doe, (the Plaintiff ), [occupation, if known], resides at 1234 Candylane Crescent, Vancouver, British Columbia. 2. The Defendant, John Smith, (the Defendant ) [occupation, if known], resides at 9909 Rocky Road, Victoria, British Columbia. 3. The Defendant, XYZ Company, is a corporate body registered under the laws of British Columbia, and has a registered and records office at 5678 Caramel Avenue, New Westminster, British Columbia. 2. Then, begin with the background facts leading up to the case be brief and specific. Do not include your feelings or the feelings of others. Pinpoint the facts that led up to the conflict or dispute. 1. On January 11, 2011, it was a snowy afternoon and the Plaintiff was driving his car, traveling west on 41st Avenue, in Vancouver, and the Defendant was driving and travelling the same direction in the same lane. The Defendant s car was behind the Plaintiff s car. 2. At around 4:00 p.m., the Plaintiff had completely stopped at a red light on 41st Avenue and Cambie Street. The Defendant failed to stop, and rear- ended the Plaintiff s vehicle. Important Notes: The facts do not include the feelings you have towards the other party. If someone breached a contract, you state that there was a breach of contract and how the breach happened. You only want to state real facts and not what you believe happened. Evidence is information that can prove the facts that you say happened. Do not include evidence, if any, in the Notice of Civil Claim, because the evidence is for trial. You do not need to go into detail about the evidence, but remember that whatever you state in your Notice of Civil Claim will have to be proven (Supreme Court Civil Rule 3-7). A party is not allowed, in a later pleading, to state anything that is inconsistent from a previous pleading (Supreme Court Civil Rule 3-7(6)). Although there is an opportunity to change your pleading, you cannot change them to state a fact that is contrary or different from what you said before, or add another claim that you have not previously mentioned. When you state unnecessary facts, or make scandalous, or frivolous claims, the pleadings may be disregarded by the Court (this is known as the pleadings being struck (Supreme Court Civil Rule 9-5)). Once your pleadings are struck, your case is over. If your pleadings do not show that you have a reasonable claim, the action will not proceed. It is very important to remember the reason behind your pleadings your claim is not about your feelings. After giving the facts of the incident/conflict, state what happened because of the conflict. You should think about how you have suffered and in what way. Here is a list of items you might say resulted from the conflict: 11 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

16 a) pain and suffering (i.e. emotional distress); b) loss of earnings, both past and future (i.e. you lost wages because you were not or are not able to work); c) loss of earning capacity (i.e. are you able to find employment in the same area of work and make the same amount?); d) loss of home maintenance capacity (i.e. if you are having problems doing dishes, laundry, and other home care tasks); e) cost of future care and treatments (i.e. how much longer will you need to do physiotherapy?, take prescription drugs? etc.); f) special damages these are actual and calculable losses. You need to keep your receipts for all of the treatments and prescription drugs not covered by MSP. 3. Part 2: Relief Sought Relief means the remedy you want at the end of the litigation. In this section, write down, using numbered paragraphs, the kind of remedy you are asking the Court to give you. Here is a list of possible relief sought: 1. General damages against the Defendant for pain and suffering; 2. Special damages against the Defendant; 3. Costs against the Defendant; 4. Interest pursuant to the Court Order Interest Act R.S.B.C. 1996, c. 79. You may end this section with the following statement: Such further and other relief as to this Honourable Court may deem just and meet. This is a standard catch- all phrase commonly used to basically say whatever else the Court thinks is fair to grant. Important Notes: In law, the amount of relief you get is partly dependent upon past cases that are similar in situation to yours. This practice is called case law. If you ask for money, you need to show the Court why you deserve that amount. To do that, you can look up previous cases that have similar facts to your situation and see how much the Plaintiff won in those cases. This means research needs to be done. What the Court can reasonably order as a result of this specific dispute is dependent on your research. You will find free case law available at Do not specify an amount for general damages (Supreme Court Civil Rule 3-7(14)). 4. Part 3: Legal Basis In this section, using numbered paragraphs, summarize and list the details of what the Defendant did and what law (Court Rules, legislation, and/or case law) that you will be relying on. Here is an example of a general statement: 1. The negligence of the Defendant caused injury to the Plaintiff; 12 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

17 2. The Defendant violated his legal duty to exercise reasonable care and caused injury to the Plaintiff. 3. The Plaintiff relies on the Motor Vehicle Act, R.S.B.C. 1996, c The Plaintiff relies on the Negligence Act, R.S.B.C. 1996, c Plaintiff's address for service: 1234 Candylane Crescent, Vancouver, B.C. [Set out the street address of the address for service. One or both of a fax number and an address may be given as additional addresses for service.] Fax number address for service (if any): N/A E- mail address for service (if any): [email protected] Place of trial: Vancouver The address of the registry is: 800 Smithe Street, Vancouver, B.C. Date:...[dd/mmm/yyyy] Signature of Jane Doe Plaintiff [This next section describes your duty to disclose documents relevant to the litigation. Go to List of Documents to learn how to do this.] Rule 7-1 (1) of the Supreme Court Civil Rules states: (1) Unless all parties of record consent or the Court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period, (a) prepare a list of documents in Form 22 that lists (i) all documents that are or have been in the party's possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and (ii) all other documents to which the party intends to refer at trial, and (b) serve the list on all parties of record. 13 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

18 Appendix [The following information is provided for data collection purposes only and is of no legal effect.] Part 1: CONCISE SUMMARY OF NATURE OF CLAIM: Briefly describe your claim. You might say, Personal injury action. Part 2: THIS CLAIM ARISES FROM THE FOLLOWING: [Check one box below for the case type that best describes this case.] A personal injury arising out of: [X] a motor vehicle accident [ ] medical malpractice [ ] another cause A dispute concerning: [ ] contaminated sites [ ] construction defects [ ] real property (real estate) [ ] personal property [ ] the provision of goods or services or other general commercial matters [ ] investment losses [ ] the lending of money [ ] an employment relationship [ ] a will or other issues concerning the probate of an estate [x] a matter not listed here Part 3: THIS CLAIM INVOLVES: [Check all boxes below that apply to this case] [ ] a class action [ ] maritime law 14 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

19 [ ] aboriginal law [ ] constitutional law [ ] conflict of laws [X] none of the above [ ] do not know Part 4: [If an enactment is being relied on, specify. Do not list more than 3 enactments.] Now that you have completed filling in these sections, you will start this proceeding by bringing your claim to the attention of the Court. Bringing Your Notice of Civil Claim to Court Make 3 copies of your completed Notice of Civil Claim one for the Court, one for yourself, and one for the Defendant (1 copy per Defendant). Bring your Notice of Civil Claim to the Registry and find the desk for civil litigation. o You can file the Notice to Civil Claim in one of the following ways: in person at the registry Tell the Court clerk that you want to file a Notice of Civil Claim. The clerk will open your file, provide a Registry file number (which will be stamped at the top of your document), and stamp and return the remaining copies of the Notice of Civil Claim to you. For the options below, the stamped copy will be sent to you using the contact information you have provided on the Notice of Civil Claim; by mail to the appropriate registry with payment; electronically through Court Services Online (this method requires you to set up an online account); or by fax for certain designated fax filing registries (you provide payment through your credit card on a fax cover sheet). These Registries accept fax filing: See PD 9 at practice_directions.aspx It costs $ to file a Notice of Civil Claim. You can pay by cash, cheque (payable to the Minister of Finance ), or credit card. If you cannot afford the $ filing fee, go to Application to Waive Fees Supreme Court Civil Rule Be aware that if you proceed with this Application to Waive Fees, you need to attend the Registry in person when you file your Notice of Civil Claim. 15 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

20 Serving the Notice of Civil Claim (Supreme Court Civil Rule 4-3) Mark this in your calendar: the Notice of Civil Claim must be served within 12 months of the filing date (the date stamped by the Registry). Each Defendant needs to be served. You can only notify the other parties that the action has started through personal service. This means you can serve the Notice of Civil Claim yourself or have someone else do this for you, but it must be personally served on each Defendant. Process servers are a good idea if you anticipate having trouble reaching a party. *The Defendant will have 21 days to file and serve a Response from the date the Notice of Civil Claim is served upon them. Supreme Court Civil Rule 4-3(2) sets out how you serve different types of Defendants: individuals leave a copy of the filed Notice of Civil Claim with them. corporations leave a copy with the president, chair, chief officer, or manager, cashier, superintendent, treasurer, secretary, clerk, or agent of the corporation OR serve by them by registered mail. cities/municipalities leave a copy with the city/municipal clerk. trade unions leave a copy with any officer of the trade union. You need to provide proof that the Defendant received your Notice of Civil Claim (Supreme Court Civil Rule 4-6); otherwise, a party can say they did not know about the claim against them. How to do this Proof of service is done through a Form 15 Affidavit of Personal Service. If you personally served the Defendant, you will need to swear this Affidavit in front of a Notary or a Commissioner for taking affidavits. At the courthouse, the Deputy District Registrars are available to swear Affidavits. You can find them at the civil Registry desk. No appointment is necessary. They charge $ Once signed and stamped, file the Affidavit of Service in the Court Registry. You do not need to provide the Defendant with a copy of this Affidavit. See attached sample Affidavit of Service. 16 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

21 Sample Form 15: Affidavit Of Personal Service (Supreme Court Civil Rule 4-6 (1)) No. S Vancouver Registry In the Supreme Court of British Columbia Between: Jane Doe Plaintiff and: John Smith Defendant AFFIDAVIT OF PERSONAL SERVICE I, Jane Doe [or name of process server], of 1234 Candylane Crescent, Vancouver, British Columbia, [or address of process server], Homemaker [or Process Server] SWEAR (OR AFFIRM) THAT: On [dd/mmm/yyyy], at [time of day], I served John Smith with the filed Notice of Civil Claim in this proceeding, by handing it to and leaving it with that person at [city and country]. SWORN (OR AFFIRMED) BEFORE ) ME at Vancouver, British Columbia ) on July 11, ) ) )... )... A commissioner for taking ) JANE DOE Affidavits for British Columbia ) [print name or affix stamp of commissioner] 17 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

22 Response to Civil Claim (Supreme Court Civil Rule 3-3) The forms are found at: A Response to Civil Claim is where you get to tell your side of the story and defend yourself. The clearer it is, the better other people will understand why you think the lawsuit should go away. What is a Response to Civil Claim? The document that responds to the Notice of Civil Claim. Who files the Response to Civil Claim? Each Defendant named in the Notice of Civil Claim. Why complete a Response to Civil Claim? You are the Defendant. Once you are served, if you disagree with the Notice of Civil Claim, you must reply. If you do not, the Plaintiff can go to Court and ask for a Default Judgment requiring you to pay the amount the Plaintiff seeks (Supreme Court Civil Rule 3-8). A Default Judgment order means you will not have the opportunity to tell the Court your side of the story. Time Limit the Response to Civil Claim must be filed, and then served. You do not include the day you were served: o if you were served anywhere in Canada, you must file your Response within 21 days after receiving the Notice of Civil Claim; o if you were served anywhere in the United States of America, you must file your Response within 35 days after you received the Notice of Civil Claim; and o if you were served anywhere else in the world, you must file your Response within 49 days after you received the Notice of Civil Claim. Serve the Response to Civil Claim on the Plaintiff - if one lawyer represents multiple Plaintiffs, you serve only one copy of the filed Response to Civil Claim to that lawyer. IMPORTANT: You must answer every paragraph/allegation of fact that is set out in the Notice of Civil Claim - failure to do so means that allegation could be seen as an admission of that fact and that could be fatal to your case. Where can a Response to Civil Claim be found? If you have a computer: 18 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

23 If you do not have access to a computer: a) At the courthouse library; b) At a public libraries that has computers and printers with internet access; or c) The Justice Access Centre (in Vancouver). HOW TO DO THIS There are 3 parts to the Response to Civil Claim: Part 1 Response to the Notice of Civil Claim Facts Part 2 Response to Relief Sought Part 3 Legal Basis Sample Form 2: Response to Civil claim (Supreme Court Civil Rule 3-3 (1)) No. S Vancouver Registry Between: and: Filed by: John Smith (the "Defendant") In the Supreme Court of British Columbia Jane Doe John Smith RESPONSE TO CIVIL CLAIM PART 1: Response to the Notice of Civil Claim Facts Division 1 Defendant's Response to Facts Plaintiff Defendant In responding to each numbered paragraph, you have three choices: deny; admit; or say you do not know (i.e. outside the knowledge of the Defendant ) (Supreme Court Civil Rule 3-3(2)). For example: 19 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

24 1. The facts alleged in paragraphs 11, 12 and 60 of Part 1 of the Notice of Civil Claim are admitted. 2. The facts alleged in paragraphs 2-10, 13-59, and of Part 1 of the Notice of Civil Claim are denied. 3. The facts alleged in paragraph 1 of Part 1 of the Notice of Civil Claim are outside the knowledge of the Defendant. Division 2 Defendant's Version of Facts For any fact of the Notice of Civil Claim that you think is not true, briefly set out what your version of the fact is. Evidence is information that can prove the facts that you claim happened. Do not include evidence in your Response to Civil Claim, if you have any, because that evidence is for trial. You do not need to go into detail about the evidence, but remember that whatever you state in your Response will have to be proven (Supreme Court Civil Rule 3-7). For example, if the Notice of Civil Claim states that it was snowing on the day of the motor vehicle accident, but you remember it was not snowing, you would simply deny the allegation in Part 1, Division 1, by stating the corresponding paragraph number noted in the Notice of Civil Claim. Then in Part 1, Division 2, you would state that the weather was sunny on the date of the accident. Do not attach weather reports or talk about who can testify that it was sunny. For example: 1. The Defendant denies that it was snowing on the day of the alleged incident. The weather was sunny. Division 3 Additional Facts In this section, you state any additional material facts that you believe relate to the matters raised by the Notice of Civil Claim. For example: 1. The traffic light was green when the Plaintiff suddenly braked to avoid hitting a dog. By the time the dog had crossed the street, the traffic light was red. PART 2 Response to Relief Sought You must indicate whether you consent to, oppose, or take no position on the granting of the relief sought against you in the Notice of Civil Claim. Most often, a Defendant would oppose all relief sought and simply say: The Defendant opposes the granting of the relief sought in all [or name the specific paragraph number] paragraphs of Part 2 of the Notice of Civil Claim. PART 3 Legal Basis If you oppose any of the relief sought, you must set out a concise summary of the legal basis for why you do not agree with the Plaintiff s request for relief. 20 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

25 Using numbered paragraphs summarize what law (Court Rules, legislation, and/or case law) you will be relying on. Here is an example: 1. The Defendant relies on the Motor Vehicle Act, R.S.B.C. 1996, c The Defendant relies on the Negligence Act, R.S.B.C. 1996, c. 333 Defendant's address for service: [Set out the street address of the address for service. One or both of a fax number and an address may be given as additional addresses for service.] Fax number address for service (if any): E- mail address for service (if any): Date:...[dd/mmm/yyyy] Signature of John Smith Defendant [This next section describes your duty to list documents related to the litigation. Go to List of Documents to learn how to do this.] Rule 7-1 (1) of the Supreme Court Civil Rules states: (1) Unless all parties of record consent or the Court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period, (a) prepare a list of documents in Form 22 that lists (i) all documents that are or have been in the party's possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and (ii) all other documents to which the party intends to refer at trial, and (b) serve the list on all parties of record. Now that you have completed filling in these sections, file the Response to Civil Claim at the Registry. 21 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

26 Bring Your Response to Civil Claim to the Registry Make at least three copies of the Response to Civil Claim - one copy for the Court, one copy for yourself, and one copy for the Plaintiff. Bring your copies of the Response to Civil Claim to the same Registry where the Notice of Civil Claim was filed (the location of the Registry is on the top right hand corner of the Notice of Civil Claim). You will file all of your future Court documents at this Registry location. o You can file the Response to Civil Claim in one of the following ways: in person at the Registry; by mail to the appropriate Registry accompanied by payment of the applicable fees; electronically through Court Services Online at by fax for certain designated fax filing registries (you provide payment through your credit card on a fax cover sheet). These Registries accept fax filing: See PD- 9 at ce_directions.aspx. The Court filing fee is $ If you cannot afford the $25.00 filing fee, go to Application to Waive Fees Supreme Court Civil Rule Be aware that if you proceed with this Application to Waive Fees, you need to attend the Registry in person when you file your Response to Civil Claim. Service The Response to Civil Claim does not need to be served by you personally or by a process server. You may serve it in accordance with the information provided in the Notice of Civil Claim: by regular mail to the address for service listed; by fax, if a fax number is listed; or by e- mail, if an e- mail address is listed. If there are multiple Plaintiffs represented by one lawyer, then you only send one copy of the Response to Civil Claim to that lawyer. When sending your stamped copy of the Response to Civil Claim to the Plaintiff, send it with a cover letter. You might say in your letter the following: The Defendant s filed Response to Civil Claim is attached. Kindly acknowledge delivery by signing the enclosed copy of this letter and returning it to me. 22 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

27 And include the following: Service of a copy of the document(s) described in this letter is admitted this [date]. Plaintiff or Solicitor for the Plaintiff When the Plaintiff has signed and returned the letter, that will be your proof that the Plaintiff received your Response to Civil Claim. 23 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

28 Amendment to Pleadings Supreme Court Civil Rule 6-1 Pleadings are designed to limit the issues in dispute between a Plaintiff and Defendant. Sometimes after the initial pleadings (Notice of Civil Claim; Response to Civil Claim) are filed, it becomes clear to a Plaintiff or a Defendant that an issue, fact, or point of law not previously disclosed in the pleadings is now a significant factor and needs to be addressed by amending their pleadings. Either party can amend their pleadings: once without leave of the Court (i.e. the Court s permission), at any time before the earlier of the following: (i) the date of service of the Notice of Trial, and (ii) the date a Case Planning Conference is held, or after the earlier of the dates referred to above, only with (i) the Court s permission, or (ii) written consent of the parties of record (ie. the parties that have filed a pleading in the action). When you amend your pleadings, you will be taking your old pleading and showing the Court and other party all the changes you are making. If you are adding new content, use underlines to show that they are additions. If deleting old content, use strikethroughs to show that they are being taken out. For example: Amended pursuant to Supreme Court Civil Rule 6-1(a) [if filing before the notice of trial or case planning conference] OR Amended pursuant to Supreme Court Civil Rule 6-1(b) [if filing with the leave of the court or consent of the parties of record] Original filed June 1, 2014 No. S Vancouver Registry In the Supreme Court of British Columbia Between: Jane Doe Plaintiff and: 24 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

29 John Smith AMENDED NOTICE OF CIVIL CLAIM Defendant [Part 1 Statement of Facts] 1. On January 11, 2011, it was a snowy sunny afternoon and the Plaintiff driving his car, traveling west on 41st Avenue in Vancouver, and the Defendant was driving and traveling in the same direction in the same lane. The Defendant s car was behind the Plaintiff s car. 25 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

30 If you cannot afford to pay the filing fees Application to Waive Fees Supreme Court Civil Rule 20-5 Background Starting an action can be expensive, even without a lawyer, because there are court filing fees involved in every step. If you are unable to pay the filing fees, you may make an Application to Waive Fees. However, you must demonstrate to the Court that you cannot afford to to pay the filing fees. Supreme Court Civil Rule 20-5, titled "Persons who are impoverished" is designed to help those who are unable to pay the Court filing fees. An Application to Waive Fees is a package prepared for the Court to request an Order to Waive Fees (i.e. an exemption from paying the filing fees). An Order to Waive Fees can be approved for: a) a one- time only filing, b) a specific time period, or c) an exemption for the course of an entire Court action, and are all dependent on the Judge/Master/Registrar s decision. One Order, One Action An Order is only valid for one action, regardless of the time period. You must prove your personal financial status, regardless of whether you are on any type of disability. Being on Government Assistance or Disability does not mean you will automatically be granted approval for an exemption. If you are approved for an exemption, you will not have to pay for certain or all of the Court fees. An Order to Waive Fees, however, does not protect you from the costs charged by private companies, such as process servers and court reporters. Where to file the Application At the same Registry you intend to file your Notice of Civil Claim or Response to Civil Claim. 26 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

31 When you file the Application By this time, you must also have a draft of your initial pleading for the action (whether it is a Notice of Civil Claim, a Response to Civil Claim, and this unfiled, unsigned pleading is included with the Application to Waive Fees to show the Court which action they wish to have the Fees Waived. Once the Application is filed and approved by the Registry, every time you file a pleading, take this Order with you. No Court hearing is needed; it is all done through a paper application. 27 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

32 How to do this The Application to Waive Fees are made up of three forms: 1. Form 17 Requisition 2. Form 79 Order (draft) 3. Form 80 Affidavit Sample Form 17: Requisition This Requisition acts as a cover sheet for your Application. It sets out exactly what you are asking for from the Court. At the top of this form, you will see a blank format of the style of proceeding that has been on your Notice of Civil Claim. Fill it in the exact same way as you did for your pleading (Notice of Civil Claim; Response to Civil Claim). No. [insert if known] Vancouver Registry In the Supreme Court of British Columbia Between: Jane Doe Plaintiff and: John Smith Defendant REQUISITION GENERAL Filed by: The Plaintiff, Jane Doe OR The Defendant, John Smith Required: Order to Waive Fees This requisition is supported by the following: 1. Form 79 Order to Waive Fees 28 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

33 2. Form 80 Affidavit in Support of Order to Waive Fees Date: 31/Jul/ Signature of Jane Doe [or John Smith], filing party 2. Form 79 Order (Draft) Sample Form 79: Order To Waive Fees (Supreme Court Civil Rule 20-5 (3)) Prepare a draft Order for the Judge to consider. This order is a draft because it will only be used if you get approved for this application. Take this draft Order and the Affidavit (see document below) to the Registrar and have it submitted. Once the Court approves the Order, you will pick it up and then file your pleading (Notice of Civil Claim; Response to Civil Claim). You must check in with the Registry on the status of the Order being approved; you will not receive a phone call or letter regarding the approval and you cannot call the Registry to check either. Important Note: Once the Order is approved, you must bring a copy of the approved Order to Waive Fees each time you want to file a court document at the Registry. It is not noted anywhere in the Court file that you can file "for free" and the Registry will not/cannot look into the file to check if it is. It is up to you to bring your approved Order with you for each and every filing of Court documents for that specific action. The approved Orders are not for any other Court action or filing. No. [insert if known] Vancouver Registry In the Supreme Court of British Columbia Between: Jane Doe Plaintiff and: John Smith ORDER TO WAIVE FEES Defendant 29 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

34 BEFORE ) ) ) THE HONOURABLE JUSTICE...) or MASTER... ) Monday, the 19 th day of August, 2014 ON THE APPLICATION of Jane Doe coming on before me on 19/Aug/2014 and on hearing Jane Doe; [Select whichever one of the 4 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.] [Use this paragraph if you do not need to pay for any Court fee at all] THIS COURT ORDERS that no fee is payable by Jane Doe to the government under Schedule 1 of Appendix C of the Supreme Court Civil Rules in relation to this proceeding [add the following if applicable: subject to the following: [set out any conditions on this Order]. a). b).. [Use this paragraph if the Court has granted you an exemption only from certain parts of the case] THIS COURT ORDERS that no fee is payable by Jane Doe to the government under Schedule 1 of Appendix C of the Supreme Court Civil Rules in relation to the following part(s) of this proceeding: [describe part(s)] [add the following if applicable: subject to the following: [set out any conditions on this order] a). b).. [Use this paragraph if the Court has granted you an exemption only for a specific amount of time] THIS COURT ORDERS that no fee is payable by Jane Doe to the government under Schedule 1 of Appendix C of the Supreme Court Civil Rules in relation to this proceeding during the following period(s): [describe period(s)] [add the following if applicable: subject to the following: [set out any conditions on this order] a). b).. [Use this paragraph if the Court has granted you an exemption with respect to certain steps of the case] 30 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

35 THIS COURT ORDERS that no fee is payable by Jane Doe to the government under Schedule 1 of Appendix C of the Supreme Court Civil Rules in relation to the following steps in this proceeding: [describe step(s)] [add the following if applicable: subject to the following: [set out any conditions on this order] By the court... Registrar Sample Form 80: Affidavit In Support Of Order To Waive Fees (Supreme Court Civil Rule 20-5 (3)) Fill it in as shown below. This Affidavit will need to be submitted at the same time as your draft Order to Waive Fees. You will need to find the supporting documents (the exhibits ) to attach to the affidavit. The following are the exhibits to attach to the affidavit: 1) any documents showing your assets; 2) your financial information (income/expenses/proof of any income by any other member of your household who contributes to the household); 3) your job skills (resume); 4) employment history (resume again); and 5) the draft of your pleading (Notice of Civil Claim; Response to Civil Claim). This is the 1st affidavit of JANE DOE in this case and was made on July 11, 2014 No. [insert if known] Vancouver Registry In the Supreme Court of British Columbia Between: Jane Doe Plaintiff and: 31 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

36 John Smith Defendant AFFIDAVIT IN SUPPORT OF ORDER TO WAIVE FEES I, Jane Doe, of 1234 Candylane Crescent, Vancouver, British Columbia, Homemaker, SWEAR (OR AFFIRM) THAT: 1. I am the Plaintiff in this proceeding. 2. I make this affidavit in support of my application for an Order that I be declared indigent with respect to the payment of fees set out in Schedule 1 of Appendix C of the Supreme Court Civil Rules. 3. I am 38 years old. 4. I have the following dependants: [List all the dependants in the household.] Susan Moe, born November 21, 2004 daughter Jason Moe, born January 15, 2003 son 5. The following persons contribute to my household expenses: [List all in the household who contribute to expenses.] None 6. I am employed unemployed. 7. Attached as Exhibit A is [Check whichever one of the following boxes is correct and attach the required exhibit.] a financial statement that accurately sets out the monthly income, expenses and assets of my household. proof that I receive benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act. 8. Attached as Exhibit B is an accurate description of my educational and employment history. 9. Attached as Exhibit C is an accurate description of my workplace skills. 32 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

37 10. Attached as Exhibit D is a copy of the document I wish to file or with which I wish to proceed. SWORN (OR AFFIRMED) BEFORE ) ME at Vancouver, British Columbia ) on July 11, ) ) )... )... A commissioner for taking ) JANE DOE Affidavits for British Columbia ) [print name or affix stamp of commissioner] 33 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

38 FINANCIAL STATEMENT ESTIMATE NET MONTHLY INCOME This is Exhibit A referred to in the affidavit of Jane Doe sworn (or affirmed) before me on [date]... A commissioner for taking affidavits for British Columbia [Attach proof i.e. most recent pay stubs or payment advice, etc., if available.] Estimated net monthly income from all sources: Employment Pension Dividends Interest Other TOTAL (Estimated net monthly income) ESTIMATED MONTHLY EXPENSES [Attach receipts for the following, if available.] Estimated monthly expenses related to housing Estimated monthly expenses related to transportation Estimated monthly expenses related to household expenses Estimated monthly expenses related to medical and dental expenses Estimated monthly expenses related not included in above, related To dependent children Estimated monthly debt payment [specify]... Estimate of other monthly expenses [specify]... TOTAL (Estimated monthly expenses) ASSETS [Specify assets and set out their estimated value.]... $ $ $... TOTAL (Estimated asset values) $... $... $... $... $... $... $... $... $... $... $... $... $... $... $ Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

39 This is Exhibit B referred to in the affidavit of Jane Doe sworn (or affirmed) before me on [date]... A commissioner for taking affidavits for British Columbia EDUCATIONAL AND EMPLOYMENT HISTORY [Set out details of education and employment history.] 1. Highest level of education attained and date completed: Employment history: Employer Dates Position Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

40 This is Exhibit C referred to in the affidavit of Jane Doe sworn (or affirmed) before me on [date]... A commissioner for taking affidavits for British Columbia WORKPLACE SKILLS [specify] Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

41 3. FINDING THE TRUTH 37 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

42 List of Documents Supreme Court Civil Rule 7-1(1) The forms are found at: By this time, each side has explained their version of how things happened. Now it is time to discover the truth. A List of Documents is a catalogue of documents that each party prepares which will help figure out which facts in the pleadings (ie. Notice of Civil Claim; Response to Civil Claim) are supported. As a party to the action, you have a duty to reveal your documents even if you think it will not help your case. What is it? A form that lists the following: all documents that support your case or disproves the opposing party s case; all documents that you intend to rely on at Trial; all documents that are being produced in response to a demand or a Court Order; all documents that you want to withhold or keep private because of its privileged nature. Some examples of documents include letters, e- mails, receipts, contracts, photographs, video, and physical objects. Who needs to complete this? All parties named in the proceeding including the Plaintiff and Defendant. Why is it necessary? To ensure a case is fair, all parties to the action need to reveal and show the documents they have in their possession to the other parties. There should be no surprises at Trial which documents will be shown. Sometimes, when all parties disclose the information they have, a settlement can be reached because you will then know where the strengths and weaknesses are in each party s case. When is this prepared? The Lists of Documents are exchanged 35 days after the last pleading is served (in most cases that would be the Response to Civil Claim) (Supreme Court Civil Rule 7-1(1)). **In reality, there are times when it is appropriate to extend the 35- day deadline because of the time it takes to gather documents. For example, it can take months to obtain an MSP record or a doctor s clinical records. 38 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

43 The duty to disclose documents is an ongoing obligation. This means that even when you have completed and sent your List of Documents to the opposing side, if you find another document relevant to the action, you must do an amended List of Documents with the new document added at the end (Supreme Court Civil Rule 7-1(9)). How to do this Complete Form 22. You do not need to file this at the Registry. You only provide it to the other party. For Form 22 - Parts 1, 2, and 3, please see further instructions in the example provided below. For Form 22 - Part 4 (Privilege): What is privilege? It is a special category of documents that are not shown to anyone and it releases you from your duty to show it to the opposing party. Examples of privilege: Solicitor-client privilege - Any document, or portion of the document, where legal advice about the litigation was given. Eg. You have an e- mail from a lawyer advising you how to negotiate a settlement. Under Description, write: E- mail from lawyer. Under Grounds for protection, write: Solicitor- client. No need to put the date of when that e- mail was sent. You do, however, insert the date you listed the document if you are preparing an amended List of Documents. Litigation privilege documents created in preparation for litigation. Eg. Your aggravating neighbour serves you with a Notice of Civil Claim. You start keeping a journal of every time your neighbour calls you or demands something from you. Under Description, write: Notes. Under Grounds for protection write: litigation Important Note: Do not be overly descriptive in your description of privilege documents. Keep in mind that unless the Court orders you to do otherwise, the documents you list in Part 4 stay out of sight during the litigation and are not seen by the opposing party or the Judge/Master. 39 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

44 LIST OF DOCUMENTS: FORM 22 (Supreme Court Civil Rules, BC Reg 168/2009, Rule. 7-1) 1. Form 22 List of Documents 40 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

45 Sample Form 22: List Of Documents (Supreme Court Civil Rule 7-1 (1)) No. S Vancouver Registry In the Supreme Court of British Columbia Between and Jane Doe John Smith Plaintiff Defendant [include AMENDED if preparing an Amended List Documents] LIST OF DOCUMENTS Prepared by: [The Plaintiff, Jane Doe OR The Defendant, John Smith] (the Listing Party ) Part 1: DOCUMENTS THAT ARE OR HAVE BEEN IN THE LISTING PARTY S POSSESSION OR CONTROL AND THAT COULD BE USED BY ANY PARTY AT TRIAL TO PROVE OR DISPROVE A MATERIAL FACT [List all documents relevant to the court action] No. Date of document 1.1 Mar/2003 [Unsure of exact date? Put the information you do know] Description of document Capilano College publishing program curriculum Indicate by a check mark if the document is no longer in the Listing Party s possession or control Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed /Jan/2012 [example] E- mail from A. Ross to J. Doe re: Delivery of product /Mar/2013 [Example] Untitled photograph 01/Feb/ /Feb/2010 [if you are doing an amended list of documents, you continue the sequence of numbers] 18/Jul/2014 [list the date of the amended list of documents] 41 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

46 Part 2: OTHER DOCUMENTS TO WHICH THE LISTING PARTY INTENDS TO REFER AT TRIAL [Without duplicating Part 1, list other documents you intend to refer to at trial] No. Date of document Description of document 2.1 [same format as Part 1] 2.2 Indicate by a check mark if the document is no longer in the Listing Party s possession or control Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed Part 3: DOCUMENTS THAT RELATE TO A MATTER IN QUESTION IN THE ACTION [Without duplicating Part 1, list documents in response to a demand you received from the opposing party or in response to a Court Order] No. Date of document Description of document 3.1 [same format as Part 1] 3.2 Indicate by a check mark if the document is no longer in the Listing Party s possession or control Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed Part 4: DOCUMENTS FOR WHICH PRIVILEGE FROM PRODUCTION IS CLAIMED No. Date of document Description of document Grounds on which privilege is claimed Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 7-1 (9), (12) or (14), the date on which the document was listed 4.1 Various Notes Litigation 4.2 TAKE NOTICE that the documents listed in Parts 1, 2 or 3 of this List of Documents that are not shown as no longer being in the Listing Party s possession or control may be inspected and copied, during normal business hours, at [insert address]. Date: Signature of Listing Party 42 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

47 43 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

48 Examinations for Discovery Supreme Court Civil Rule 7-2 The forms are found at: By this time, you have listed the documents you will be showing at Trial. Now it is time to look at these documents more in- depth and see how credible a witness is by asking them questions under oath. The point is to gather information which will allow you to assess the strengths and weaknesses of the opposing party s case. What is it? An Examination for Discovery (sometimes called Discovery for short) is a pre- trial procedure where a party is allowed to cross- examine another party to the action or its corporate representative on the issues in dispute. This process is held in front of a court reporter but not at a courthouse in front of a Judge. How long is it? Discoveries are limited to 7 hours per party conducting the Examination. For example, if there is 1 Plaintiff and 2 Defendants in an action, each Defendant may examine the Plaintiff for up to 7 hours, meaning the Plaintiff may be subjected to a total examination time of 14 hours (Supreme Court Civil Rule 7-2(2)). Why is it necessary? It is important and useful to have a Discovery for several reasons: It allows parties to explore facts and get information regarding the claim(s); With the information obtained, parties can evaluate the strengths and weaknesses of their case; You might get admissions of truth that will help prove your case or disprove the opposing party s case; You may obtain answers under oath that may be used to contradict or discredit the testimony of the same witness at Trial (in doing so you would harm their credibility as a witness); In many cases, the information that comes out of a Discovery will help lead to a settlement without having to go to Trial. Even if the case does go to Trial, the Discovery will help narrow down the issues that are in dispute. This will help shorten the time required for Trial. 44 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

49 When to conduct an Examination of Discovery An Examination for Discovery is usually held after Lists of Documents have been exchanged, because the information contained in the Lists of Documents will better prepare the parties to ask the right questions. This is because at the Discovery, the person being examined must produce for inspection all documents in their possession or control, which are not privileged, that relate to the matters in question in the action. (Supreme Court Civil Rule 7-2(16)). The Discovery process must be completed before you file the Trial Certificate. Where does it occur? It is common to rent a boardroom from a court reporter s office. The Discovery can occur at any place that is quiet and private but it must take place at a location within 30 kilometres of the Registry that is nearest to the place where the person to be examined resides (unless parties attending all agree to an alternate location). Who must attend? Each Plaintiff and Defendant must make themselves available and attend a Discovery (Supreme Court Civil Rule 7-2(1)). If you ignore the opposing party s request to examine you, that party may schedule the Discovery without your agreement and get a Certificate of Non- Appearance against you. This will not make you look good in front of a Judge. Generally, all parties have a right to attend at a Discovery; however, you can only examine the opposing party on issues that you disagree on. If the witness to be examined is represented by a lawyer, the lawyer will attend with the witness. How do I do this? If you are examining a witness: 1. Decide who you want to examine - If an opposing party is a company, then you would want to examine the person who knows the most about the matters in question (think about who can help you prove your case.) If the party you need to examine is: a) a minor, then the minor, their guardian(s), or their litigation guardian may be examined; or b) a mentally incompetent person, then only his or her litigation guardian may be examined, but the mentally incompetent person must not be examined without a Court Order. 2. Contact the opposing party and arrange a date convenient for everyone - You need to make sure that the person you are examining is available on the date you are suggesting. 3. Contact a court reporter s office and book the date Do this as early as possible as court reporters and boardrooms may be booked up. Let them know how long the Discovery will 45 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

50 be (a half- day means 2 hours and a full- day means 4 hours). Ask about their cancellation policy in case the Discovery needs to be cancelled on short notice. An internet search for BC court reporter will help you locate a court reporter in your area. 4. Consider whether you need a court- certified interpreter You should book a court- certified interpreter once you have booked a date with the court reporter, if there is a witness who does not understand English. An internet search for BC court certified interpreter will help you locate a court reporter in your area. 5. Confirm the appointment You need to serve your Appointment to Examine for Discovery with the conduct money (if required, see explanation below) on the witness being examined or their lawyer at least 7 days before the Discovery using Form 23. Make sure you send a copy to other parties named in the action as well. The Appointment to Examine for Discovery does not need to be filed with the registry. In cases where there are multiple parties (i.e. more than one Plaintiff or more than one Defendant), a few parties may examine a witness at the same time. If this is the situation, parties who wish to examine must serve their own appointments but they can divide the conduct money. What is conduct money? Conduct money is the witness fee you must pay when you examine a witness. The calculation of fees is set out in Appendix C- Schedule 3 in the Supreme Court Civil Rules. Usually parties will mutually waive the exchange of daily witness fees and mileage as required in Schedule 3 under Rules 1 and 2(1)(a) but you should still be prepared to pay the fee in case you do not reach an agreement with the opposing party. If a witness lives out of town, the witness will need to be reimbursed, or compensated for reasonable travel and meal expenses (including flight tickets, mileage, hotel fees if the witness needs to stay overnight, etc.) under Rule 2(b) and 3. Calculate how much it will cost you to examine the witness before you go ahead with a Discovery. If you are being examined: If you live outside of where the Examination for Discovery will take place, you may ask for conduct money. Keep receipts and invoices for your travel expenses such as flight and hotel as you may be required to prove your expenses. Meals will be paid on a daily rate. Opposing parties will only pay for your reasonable expenses necessary for you to travel to and from the Discovery. Some witnesses make a mistake in turning the travel into a vacation, only to find out the opposing parties will not pay for the extra expenses spent. On the day of the Examination for Discovery If you are examining: You may want to prepare a set of questions that you wish to ask the person being examined so that you do not forget during the Examination for Discovery. Bring with you to the Discovery the documents that you want to ask the party about. 46 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

51 The general procedure: The court reporter will ask the witness if he or she will swear (by the Bible, Koran, or other religious instrument) or, simply affirm to tell the truth. Address the witness by using madam, sir, Mr., Ms., etc. but do not use their first name. First ask the witness for his or her full name and confirm his or her relationship with the party (i.e. are they the Plaintiff, Defendant, or a representative of one of the parties who is authorized to give evidence?). a) Introduce the exhibit (the document) to the witness and to their lawyer (if represented) to let them know what you are going to ask about. b) Then show the document to the witness. Give them a moment to read it over. c) Authenticate the document if the witness has not agreed beforehand that the document is genuine, then you must ask the witness if the exhibit really is what it appears to be. i. Did the witness write that document? ii. Does the witness recognize that document? d) Once it is acknowledged that the document is real and genuine, submit the exhibit into evidence ( as Exhibit ). e) Now you can ask the witness questions about the relevant portions of the document. Examples of how to phrase your questions: Can you tell me about this incident? On January 1, 2013, did you tell to do this? Asking for more documents During a Discovery, a witness may let it slip that they know of another document that will help your case. You can then ask the opposing party to provide further documents that have not been disclosed yet. The court reporter will note down your request. Sometimes a person s culture can influence how he or she answers questions. See Appendix B for further discussion on how to manage cultural differences. If you are being examined: Only one party will be asking the questions. Under Supreme Court Civil Rule 7-2(18), you must answer any question within your knowledge or means of knowledge, unless the question involves privileged information (e.g. if they ask you about what a lawyer advised you, object to the question and do not answer it, see further explanation below). If you are asked to provide the identity of a potential witness, you must provide the name and address of such witness. I object 47 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

52 If you object to the question asked, the question and the objection will be noted by the court reporter. The Court may decide on the validity of your objection, and if necessary, the Court will Order that you attend a further Discovery and set a maximum time limit (Supreme Court Civil Rule 7-2(25)). Follow Up If you do not know the answer at the time it is asked, you may be asked to provide a response by letter after the Discovery. You may also be requested to provide further information and documents during the Discovery. When you provide the letter with your answers to the questions, the content is treated as if it were given during the Discovery, and, if needed, the opposing party may continue the Discovery on another date unless otherwise ordered by the Court. (Supreme Court Civil Rule 7-2(23 and 24)). Be clear The court reporter will write down everything that is said, word for word. You can only ask questions relevant to the action. Keep in mind that what is being said during an Examination for Discovery may be used as evidence at Trial. Familiarize yourself with the documents that have been revealed in the action before proceeding with the Discovery. This will help you figure out which questions to ask. What do court reporters do? Court reporters record and transcribe every question and answer exchanged, word for word, which they will later assemble into a transcript (see explanation below). If you do not want something to be recorded, you must turn to the opposing party and ask can we go off the record. Only when all parties agree to go off the record will a court reporter temporarily stop recording. Other than administering the oath and concluding the Discovery, court reporters do not say anything during the Discovery. What is a transcript? A transcript is a typewritten copy of what questions and answers were said during the course of the Discovery. The transcript may also contain a list of any outstanding questions and requests for documents made at the discovery. You will want to keep track of these questions and make sure they are answered later (or if the requests were made and answered if you were being examined). Transcripts from a Discovery can be used at Trial. To obtain a copy of this transcript, you order it from the court reporter s office. The first party who orders the transcript from the reporter will have to pay for both the original transcript and its copy. The parties ordering after that will only pay for their copy. Tips for a discovery: Do Dress as if you are going to a job interview and not to a date or party. Choose something tasteful and clean. It shows respect. Show up at least 15 minutes early to the Discovery with your materials and use the extra time to set up your documents. 48 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

53 Speak clearly wait until the questioner or witness has stopped speaking. Everything is recorded! Listen carefully you do not want to miss any important information Leave a good impression to the opposing party (be honest, fair, etc.) it may help with future negotiations. Tell the truth you are under oath and a lie can result in a criminal charge of perjury. Also, the opposing side may find out you lied and destroy your credibility as a witness in Court. Ask for clarification do not attempt to answer if you cannot understand exactly what is being asked Do Not Do not elaborate unless asked to do not read more into the question than how it is stated. Do not guess if you do not know or remember the answer, say so. Guessing may hurt your case. Do not speak about what you think others did or know. You should only answer things that you know personally. Do not try to argue that your case is right Examinations for Discoveries are only a fact- finding process. Do not play games if you can answer a question, do so. As mentioned, the opposing side may destroy your credibility if you play games. 49 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

54 EXAMINATION FOR DISCOVERY (Supreme Court Civil Rules, BC Reg 168/2009, Rules 7-2 and 22-7) 1. Form 23 - Appointment to Examine for Discovery 50 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

55 Sample Form 23: Appointment To Examine For Discovery (Supreme Court Civil Rule 7-2(13)) Once you have agreed on a date for the Discovery, prepare this form and serve it on the witness (or their lawyer, if any) along with conduct money (if applicable). Between: In the Supreme Court of British Columbia Jane Doe No. S Vancouver Registry And: Plaintiff John Smith Defendant To: [name of witness that you will be examining] APPOINTMENT TO EXAMINE FOR DISCOVERY TAKE NOTICE that you are required to attend for your Examination for Discovery at the place, date and time set out below. If you are not a named party, or a representative of a named party, to this action, you must, unless the court otherwise orders, bring with you all documents in your possession or control, not privileged, relating to the matters in question in this action. Please note the provisions of the Supreme Court Civil Rules reproduced below. Place: [address of the court reporter s office or the venue where the Examination for Discovery will be held] Date: [the scheduled date of discovery dd/mmm/yyyy] Time: [start time of the discovery] Date: [date of signature] [your signature] Signature of [ x ] party wishing to conduct Examination [print your name here] 51 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

56 Rules 22-7 (5) and 22-8 (4) of the Supreme Court Civil Rules state in part: "22-7 (5)... if a person, contrary to these Supreme Court Civil Rules and without lawful excuse, (a) refuses or neglects to obey a subpoena or to attend at the time and place appointed for his or her Examination for Discovery,... then (f) if the person is the plaintiff or petitioner, a present officer of a corporate plaintiff or petitioner or a partner in or manager of a partnership plaintiff or petitioner, the court may dismiss the proceeding, and (g) if the person is a defendant, respondent or third party, a present officer of a corporate defendant, respondent or third party or a partner in or manager of a partnership defendant, respondent or third party, the court may order the proceeding to continue as if no Response to Civil Claim had been filed (4) A person who is guilty of an act or omission described in Rule 12-5 (25) or 22-7 (5), in addition to being subject to any consequences prescribed by those rules, is guilty of contempt of Court and subject to the Court's power to punish contempt of Court. 52 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

57 53 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

58 CASE PLANNING CONFERENCES (Supreme Court Civil Rules 5-1 to 5-4) The forms are found at: You have the Notice of Civil Claim and Response to Civil Claim but you may not have exchanged Lists of Documents or conducted any Examinations for Discovery yet. Now is the time to set out what the next major steps are. A Case Planning Conference helps set out a road map on how the action will unfold. What are they? The Case Planning Conference (also known as a CPC ) is a pre- trial hearing that is managed by a Judge or Master. Why hold a Case Planning Conference? A Case Planning Conference is used to identify the next major steps in the litigation process. A number of things can be determined by holding a Case Planning Conference, including (but not limited to): when Lists of Documents are exchanged and Examinations for Discovery are held; whether there will be any mediations or other alternative dispute resolutions held; what type of expert witnesses will likely be used and when their reports are expected to be received or served; which witnesses are expected to be called by either party; whether the Trial will be heard by a Judge alone or by a Judge and jury; and the estimated length of Trial and the preferred time periods for the Trial date. Is a Case Planning Conference necessary? Generally speaking, there is no requirement to hold a Case Planning Conference, but it is a useful tool in setting out the course of your case early on. There is one exception to this: if your matter is in Fast Track, you will need to hold a Case Planning Conference before you make any Application to the Court. Please see the section regarding FAST TRACK 54 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

59 (Supreme Court Civil Rule 15-1) actions for further information. When does it take place? A Case Planning Conference can be requested at any time after the Response to Civil Claim has been filed and served. Who arranges a Case Planning Conference? The Plaintiff or Defendant - either party can request and arrange a Case Planning Conference. What is a Notice of Case Planning Conference? The Notice of Case Planning Conference is the document (Form 19) filed with the Registry that will secure the date of the Case Planning Conference. It costs $80.00 to file a Notice of Case Planning Conference. If you cannot afford the filing fee, go to Application to Waive Fees. How is a Case Planning Conference arranged? There are two ways: OR THEN: 1. You can either contact the Registry by telephone or you can visit the Court s website to see what dates are available for the Case Planning Conference: a. If this is the first Case Planning Conference in your case, make sure you leave enough time to serve the Notice of Case Planning Conference on the opposing party at least 35 days before the date of the conference. (Supreme Court Civil Rule 5-1(3)(a)). b. If this is not your first Case Planning Conference, make sure you leave enough time to serve the Notice of Case Planning Conference at least seven days before the date of the conference (Supreme Court Civil Rule 5-1(3)(b)). 2. To save time, contact the opposing party or their lawyer s office (if they have a lawyer) to discuss mutually convenient dates, (see website link above) for the Court s availability. 3. Once you have chosen/agreed on a date and time, you will contact the Registry where your action was filed by telephone and tell them you would like to book a Case Planning Conference. 4. Provide the Registry with the date and time and they will ask you to prepare and file a Notice of Case Plan Conference in Form Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

60 Why does the Notice of Case Planning Conference need to be filed when a date has already be reserved by telephone? The Registry needs written confirmation. Without the Notice of Case Planning Conference, the Registry will not have written confirmation that you actually want the Case Planning Conference to occur on this date. Also, give the opposing party a copy of this document once it has been stamped by the Registry so they know the Case Planning Conference has been confirmed with the Court. What does a Notice of Case Planning Conference look like? See attached sample Form 1 below. Where does the Case Planning Conference take place? At the Registry where it was scheduled. Who has to go to the Case Planning Conference? The Plaintiff, the Defendant and their lawyers (if any) are required to attend the Case Planning Conference (Supreme Court Civil Rule 5-2 (2)). What happens if a party does not show up? If the Plaintiff or Defendant fails to attend the Case Planning Conference, the Judge or Master may: (a) proceed without the party, (b) adjourn the Case Planning Conference, or (c) Order the missing party to pay costs to the other party. Is it necessary to attend in person (and potentially take time off from work)? If this is the first Case Planning Conference scheduled, you must attend in person (Supreme Court Civil Rule 5-2(3)(a)). If one Case Planning Conference has already taken place, you have the option of attending by telephone or other communication (i.e. by video link), so long as everyone attending is able to communicate with you (Supreme Court Civil Rule 5-2(3)(b)). What is needed to prepare for the Case Planning Conference? Before the Case Planning Conference, the Plaintiff and Defendant will each be required to prepare and file a Case Plan Proposal in Form 20. See attached sample Form 20 below. What is a Case Plan Proposal? The Case Plan Proposal is the document where each party sets out their proposals about the timing and handling of the following areas: discovery of documents [i.e. List of Documents]; Examinations for Discovery; 56 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

61 dispute resolution procedures; expert witnesses; witness lists; trial by Judge and/or jury; estimated trial length; preferred times for the trial date; and any other issue that may affect the conduct of the trial. How to do a Case Plan Proposal Obtain a blank copy of the Case Plan Proposal in Form 20. The Case Plan Proposal has nine sections: Section Information to include 1 Discovery of Documents When the List of Documents, or Amended Lists of Documents, is to be produced (i.e. If the initial List of Documents has not been produced within the timeline set out in the Supreme Court Civil Rules and you have been requesting it from the opposing party, you would put in a date or timeline when you would like it produced) Where documents or items to be relied on as evidence at trial will be made available for inspection (e.g. if your claim is for damage caused to your flooring because of a flood, will you make the damaged floor board available for the opposing party to examine, and where will they examine them if the flooring has been replaced?) Any other issue relating to what documents you will need in order to prove or defend your action. 2 Examinations for Discovery If not the Plaintiff or Defendant, who do you want or need to examine? How long will you need? A full- day? A half- day? More than one day? 57 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

62 3 Dispute resolution procedures under Part 9 of the Supreme Court Civil Rules What kind of dispute resolution would you be open to? Mediation? Arbitration? Informal talks between parties (with lawyers present, if any)? 4 Expert witnesses Do you need experts to prove or defend your case? If so, you will need to list the types of witnesses (not necessarily names of expert witnesses) or their areas of expertise (e.g. neurologist, engineer, plumber, mechanic, etc.) When will you require the reports to be served? (i.e. within the timelines set out by the Supreme Court Civil Rules or earlier?) 5 List of witnesses You can list what witnesses you believe you will need, but it is likely that as the litigation goes on, you might change your mind. Alternatively, you can list when you will agree to exchange witness lists so that you will have enough time to prepare (e.g. a month before Trial) 6 Proposed mode of Trial Do you think you will need just a Judge, or will you need both Judge and Jury? Note that there is non- refundable deposit of $1,000 to reserve a Jury. 7 Estimated length of Trial How long do you think you will need to prove your case in Court? A day? Three days? Two weeks? You will need to consider how many witnesses you have, how many witnesses will be called on by the other side, how long it will take for direct and cross-examinations and how long you will need for your opening and closing statements. 8 Preferred period for the Trial date List when you would like the Trial to occur. Think about how long you will need to gather all of your evidence and line up your witnesses. You will need to give more than one time period because the Court will not necessarily have available dates on the one day you choose. 9 Other There may be other things that happened during the litigation that you want to have the Judge or Master review or make a decision on, or you may have something you want clarified before the litigation continues (e.g. discussions on why a document request remains unfulfilled). 58 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

63 For the sections above, if there are areas where you do not have any information to provide or the information is not finalized, you may choose to insert: to be provided at a later date or none to identify why the information is missing. You will see on the following sample form that there are two columns for the steps to be outlined. On the left- hand side: This is for the steps that all the parties agree to. For example, if all parties agree that the parties witness lists should be disclosed one month prior to Trial, then that will be stated on the left- hand side. On the right- hand side: The right- hand side is for steps that the parties do not agree to. If one party wants the witness list to be disclosed one month prior to Trial, but you would like the witness lists six weeks before Trial, you would put your proposal on the right- hand side column. When does the Case Plan Proposal have to be filed? The Case Plan Proposal must be filed and served on each party by the party requesting the Case Planning Conference, within 14 days after the Notice of Case Planning Conference was served on the other party. Serve the Case Plan Proposal Once you receive the stamped copy of your Case Plan Proposal back from the Registry, you will need to serve it on the other parties in the action. What happens when a party does not serve their Case Plan Proposal? If you do not receive a Case Plan Proposal from the other parties within 14 days of the Notice of Case Planning Conference being served, you should follow up with them to ensure they will be preparing one. You may phone them or send a letter or e- mail them. If you do not receive a Case Plan Proposal by the time the Case Planning Conference is scheduled to happen, you must be prepared to let the Judge or Master know how the Case Plan Proposal was served on the other parties and what steps you took to obtain their Case Plan Proposal. If the other party chooses not to prepare a Case Plan Proposal or file it with the Registry, that is their decision and it should not reflect badly on you. However, you should take reasonable steps to contact the other party to see whether you can expect to receive a copy of their Case Plan Proposal. If it turns out the other party does not prepare and file a Case Plan Proposal, the Judge or Master can make Orders against the other party and in favour of you. For example, requests that are made by one party that are not responded to by the other party could be awarded. What happens at a Case Planning Conference? At the Case Planning Conference the Plaintiff, the Defendant (and their lawyers, if any) will meet before a Judge or Master to address matters relating to the litigation. You only have 30 minutes, so be ready to discuss any items that are in dispute. Be brief and to the point whenever possible. The Judge or Master will appreciate clear and simple reasons why you believe they should make an Order in your favour. 59 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

64 The Judge or Master can make several Orders regarding the conduct of the litigation, including amending pleadings, joint experts, and offers to settle. Please see Supreme Court Civil Rule 5-3(1) for a more complete list of what the Judge or Master has the power to Order at a Case Planning Conference. When you are at the Case Planning Conference, take notes about what the Judge or Master is ordering because you will need to prepare the Case Plan Order if you requested the Case Planning Conference. The Judge has granted an Order. Now what? If you requested the Case Planning Conference, you will need to prepare a Case Plan Order in Form 21. It is an Order with a list attached of what was agreed to at the Case Planning Conference. Once this Case Plan Order is completed, you must have it signed by the other parties because they will need to confirm that what you have written down as the Judge/Master s Orders is what was actually granted. It does not mean that the Court assumes you are lying; it just means they need the other parties to confirm they have the same understanding of what was granted as you. You will need to file the completed and signed Case Plan Order with the Registry and provide the filed copy to the other parties. Other information about Case Planning Conferences Supreme Court Civil Rules 5-1 to 5-4 set out the full list of rules that affect the Case Planning Conferences. Information on the Supreme Court Civil Rules and forms can be found online at the Courts of B.C. website: 60 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

65 No. S Vancouver Registry In the Supreme Court of British Columbia Between: Jane Doe Plaintiff And: John Smith Defendant NOTICE OF CASE PLANNING CONFERENCE A Case Planning Conference has been set for this action: [ x ] At the request of the parties [ ] At the direction of the Court The Case Planning Conference will be held at 800 Smithe Street, Vancouver, BC, at 2:30 p.m. on 21/August/2014. The Case Planning Conference has been set to consider: [ x ] [In the case of the first Case Planning Conference] the matters set out in the parties respective Case Plan Proposals [ ] [In the case of subsequent Case Planning Conferences] [Using numbered paragraphs, set out a brief summary of the matters to be considered] 1. [Issue] 2. [Issue] Dated: July 10, 2014 Name and address of filing party: 1234 Candylane Crescent Vancouver, BC V5Y 1K8 Telephone: [email protected] Signature of JANE DOE Party lawyer for the filing party(ies) 61 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

66 No. S Vancouver Registry In the Supreme Court of British Columbia Between: Jane Doe Plaintiff And: John Smith Defendant CASE PLAN PROPOSAL Party submitting this Case Plan Proposal: The Defendant Indicate the party s proposal with respect to the following steps: Item Step If parties agree, step agreed to and its timing [set out details or refer to attachment] If parties disagree, party's proposal respecting step and its timing [set out details or refer to attachment] 1 Discovery of documents [when list is to be produced, where documents are to be made available for inspection, electronic document protocol, etc.] Within two weeks from the date of an Order made by this Honourable Court following this Case Plan Conference 2 Examinations for Discovery [person to be discovered, date of discovery, duration of discovery, etc.] Plaintiff: scheduled for December 3, 2014 Defendant: scheduled for December 4, Dispute resolution procedures under Part 9 of the Supreme Court Civil Rules [what procedures to be used and when, etc.] Mediation to be considered six months after discovery of Defendant concluded 62 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

67 4 Expert witnesses [area of expertise of expert, date report to be served, etc.] - Rheumatologist - Neurologist 5 List of witnesses [date list to be served] Two weeks prior to scheduled Trial date 6 Proposed mode of Trial Judge alone 7 Estimated Trial length 7 days 8 Preferred period(s) for Trial date November 2015 January, March Other [specify] - The Defendant will require a French interpreter for any Discovery and for Trial. He would like to be able to choose which interpreter to use, subject to their certification as a Court- approved interpreter. Dated: July 18, 2014 Signature of Bob Clarke filing party lawyer for the Defendant 63 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

68 No. S Vancouver Registry In the Supreme Court of British Columbia Between: Jane Doe Plaintiff And: John Smith Defendant CASE PLAN ORDER At a CASE PLANNING CONFERENCE conducted on 21 August 2014 by Madam Justice Smith in the presence of the Plaintiff, Jane Doe, and Bob Clarke, appearing on behalf of the Defendant, THIS COURT ORDERS that the parties comply with the attached Case Plan, THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER Signature of the Plaintiff Jane Doe Signature of lawyer for the Defendant Bob Clarke BY THE COURT Registrar 64 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

69 Case Plan 1 Dispute resolution procedures The parties have discussed resolution options including those under Part 9 of the Supreme Court Civil Rules and have agreed to the following: [Check the box to the left of each step to be taken and fill in the agreed date.] Step Date by which step to be completed [dd/mmm/yyyy] Offer to settle Mediation Special Case Proceeding on point of law Summary Trial Summary judgment application Other [identify] 3 months prior to Trial 31 August 2015 Not applicable at this time 3 months prior to Trial 6 months prior to Trial 6 months prior to Trial Not applicable at this time A party may undertake any of the steps provided for in Part 9 of the Supreme Court Civil Rules whether or not the step is noted above. 2 Document production (Rule 7-1 of the Supreme Court Civil Rules) The following steps will be completed by the date set out next to each step: Date by which step to be completed Step [if dates differ by party, indicate a date for each party] [dd/mmm/yyyy] Delivery of the Lists of Documents required under Supreme Court Civil Rule 7-1 Completion of an electronic document protocol Other [identify] Plaintiff to provide initial List of Documents by September 30, 2014 Not applicable at this time Not applicable at this time 65 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

70 3 Examinations for discovery (Rule 7-2 of the Supreme Court Civil Rules) The following Examinations for Discovery will be conducted, not exceed the time limits indicated and be completed by the date indicated: Examination by (party name) Examination of (party and person name) Time Limit Date by which step to be completed [dd/mmm/yyyy] Jane Doe John Smith 1 day 3 Dec 2014 John Smith Jane Doe ½ day 4 Dec Applications The following Applications are expected: [Identify each anticipated Application and fill in the proposed date.] Date by which Application Application anticipated to be brought [dd/mmm/yyyy] None at this time A party may bring any other Application whether or not that Application is noted above. 5 Expert witnesses (Part 11 of the Supreme Court Civil Rules) [For the following, complete the following Parts 1 and 2 for any expert evidence that the parties anticipate introducing at trial, and if the parties are unable to provide the information required under Part 1 or 2, complete the following Part 3.] Part 1 Each party may tender the report of, or call to give oral opinion evidence, an expert with the following expertise: Name of party who intends to call the Area of Expertise 66 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

71 expert [if expert is being called jointly, specify "Joint"] John Smith John Smith Joint Neurologist Rheumatologist Psychologist Part 2 The following steps will be taken by the date set out next to each step: Date by which step to be completed Step [if dates differ by party, indicate a date for each party] [dd/mmm/yyyy] Joint expert's report served Expert reports served Responding expert reports served Notices of objection to expert evidence served (Rule 11-6(10)) Experts confer and serve report summarizing points of difference Within the time prescribed in the Supreme Court Civil Rules As above As above As above Within two weeks from receipt of corresponding reports Other [identify] Part 3 If the information set out in the foregoing Part 1 or 2 is incomplete, the parties will apply to amend this Order to complete that information by...[dd/mmm/yyyy] Witnesses (Rule 7-4 of the Supreme Court Civil Rules) The following steps will be completed by the date set out next to each step: Step Date by which step to be completed 67 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

72 [if dates differ by party, indicate a date for each party] [dd/mmm/yyyy] Serve lists of witnesses to be called at Trial Five weeks prior to the commencement of the Trial Other [identify] 7 Trial (Part 12 of the Supreme Court Civil Rules) (a) Estimated length of the Trial: five days.; (b) The Plaintiff will file a Notice of Trial in Form 40 to secure the Trial date within 2 weeks of securing the Trial date. 8 Other Nothing else at this time 68 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

73 4. WHAT ARE MY OTHER CHOICES? The forms are found at: There are different things you can do to speed up the resolution of your action. You have other options available rather than go through with a full Trial. FAST TRACK (Supreme Court Civil Rule 15-1) What is it? Under Fast Track litigation, all of the timelines for each step of the litigation are shortened. Instead of the standard 7 hours for an Examination for Discovery, you only have 2 hours to conduct a Discovery. All Examinations for Discovery in Fast Track litigation must be completed at least 14 days before the scheduled Trial date unless the Court otherwise orders or the parties to the examination consent (Supreme Court Civil Rule 15-1(12)). A date for the Fast Track Trial must be scheduled within 4 months of the action being placed in the Fast Track stream. The Positive The advantage of Fast Track is that you will resolve the dispute sooner, which in turn will reduce the time and cost less. The Negative The disadvantage of Fast Track is the limited amount of time you have to do each step of the litigation. You must consider how much time you need to gather the documents you need to prove your case. For example, obtaining medical records and tax records can take months. You will also not be able to make any applications to the Court until a Error! Reference source not found. or Error! Reference source not found. has been conducted. If you think you will need more time to do each step of the litigation, the Fast Track option is not for you. Why consider fast tracking a case? If you have an action that contains any of the following (Supreme Court Civil Rule 15-1(1)): 69 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

74 (a) the only claims in the action are for one or more of money, real property, a builder's lien and personal property and the total of the amounts listed below is $100,000 or less, exclusive of interest and costs; (i) the amount of any money claimed in the action by the plaintiff for pecuniary loss (i.e. loss of earnings things that you can actually calculate a dollar value for); (ii) the amount of any money to be claimed in the action by the plaintiff for non- pecuniary loss (i.e. pain and suffering things where you are not able to place a tangible dollar value on); (iii) the fair market value, as at the date the action is commenced, of (A) all real property and all interests in real property (e.g. land), and (B) all personal property and all interests in personal property (e.g. merchandise) claimed in the action by the Plaintiff, (b) the Trial of the action can be completed within 3 days and without a jury, (c) the parties to the action consent, or (d) the Court, on its own motion or on the application of any party, orders that the action be heard on the Fast Track method. Who can apply? Either party named in the proceeding the Plaintiff or the Defendant. How to apply for Fast Track? Prepare a Notice of Fast Track Action in Form 61 and from that point forward, the words Subject to Rule 15-1 must be added to the style of proceeding. See attached sample Form 61 Notice of Fast Track Action. Be aware that any party can also apply for an Order that the case be taken out of Fast Track. When should Fast Track be applied for? It can be applied for at any point in the litigation but it is usually early on in the case. Once you decide to pursue the Fast Track option, the clock starts. You must set down a Trial date within 4 months of Fast Track starting subject to the Registry s availability. 70 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

75 FAST TRACK: Forms (Supreme Court Civil Rules, BC Reg 168/2000, Rule 15-1) 1. Form 61 - Notice of Fast Track Action 71 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

76 Sample Form 61: Notice Of Fast Track Action (Supreme Court Civil Rule 15-1 (2)) This is the form to complete when you want to Fast Track the action. It can be done as early as filing a Response to Civil Claim or later. If, however, you change your mind about Fast Track, the only way you can get out of Fast Track is by Court Order. Between In the Supreme Court of British Columbia No. S Vancouver Registry and Jane Doe John Smith Plaintiff Defendant Filed by: The Plaintiff, Jane Doe NOTICE OF FAST TRACK ACTION TAKE NOTICE that this action is a Fast Track action to which Rule 15-1 of the Supreme Court Civil Rules applies. Date: 01/Aug/2014 JANE DOE Signature of person filing notice 72 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

77 SUMMARY TRIAL (Supreme Court Civil Rule 9-7) What is a summary trial? A procedure where either the Plaintiff or Defendant applies to the Court for a judgment on a specific issue or on the whole case. The Court hearing is usually 1 or 2 days long. Evidence is given by affidavits it is all done by writing and filing materials at the Court Registry. Instead of having witnesses testify, you point out their evidence to the Judge through their affidavits. Witnesses do not show up at Court to give testimony. If credibility is an issue, a Judge might want the matter to go to a full trial so that they can assess the witness in person. Why do a Summary Trial? It is usually for cases that are straightforward and where a Judge could reasonably make a decision based on the documents in front of them, instead of listening to oral testimonies. Summary Trials are appropriate for cases where the facts are not in dispute. A Summary Trial can be done within a year of the action starting but a full Trial will likely not happen until well after a year, and possibly even years after the action started. Who can apply for summary trial? Either party named in the proceeding the Plaintiff or the Defendant. When should a Summary Trial be applied for? It must be heard in Court at least 42 days before the Trial date (Supreme Court Civil Rule 9-7(3)). If you choose to do a Summary Trial, it is best to apply for it after the Lists of Documents have been exchanged, Examinations for Discoveries have been conducted, and after receipt of any expert reports (if applicable). This way, you will have a greater understanding of the issues at hand and you will see what evidence is available to prove your case or disprove the opposing side s case. How do I do this? Arrange a date for the Summary Trial 1. Estimate how long the Court hearing will take. 2. Contact the other party and ask for available dates and how much time they think is needed for the hearing. 3. Check which dates are available on the Court website. The Court continually updates their list of available dates online on their website Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

78 4. Call the Registry and see if the date you and the opposing party have agreed is still available for booking. If you are the party applying for Summary Trial: File and serve the following documents 12 days before the hearing date: (a) the Notice of Application (see attached example); (b) any supporting affidavits; (c) every expert report you are relying on (if any); and (d) notice that you will be relying on transcripts from an Examination for Discovery (if applicable). This can be done by a letter, and is not a formal Court form. If you are the party responding to the application: Within 8 business days of being served with the Notice of Application, you must: (a) file and serve an Application Response (it must not be longer than 10 pages); and (b) file and serve any supporting affidavits you have or that you referred to in the Application Response. See the example following this section. Put it all together: the Application Record If you are the party applying for Summary Trial, prepare an Application Record. An Application Record is a binder that contains: 1. the filed Notice of Application, 2. the filed Application Response if you were only given an unfiled copy, include the unfiled copy, 3. any supporting affidavits listed in the Notice of Application and Application Response, 4. the filed Notice of Civil Claim, 5. the filed Response to Civil Claim, and 6. an extra loose copy of the Notice of Application, highlighting items to show the Court what kind of an Order you are seeking. The Application Record should have an index and tabs separating each document. A sample index is located behind the Forms page. You must serve the index to the opposing party one day before the hearing date so that they are able to prepare their own copy of the Application Record. Best Practice: When preparing the cover page to the Application Record, write Rule 9-7 Summary Trial underneath the title Application Record. 74 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

79 Reasons For Judgment Sometimes a Judge will not be able to make a decision in your action right on the day of the hearing. This is called reserving judgment. It means that the Judge will consider all the materials submitted to him or her and will provide a decision at a later date. Sometimes the decision will be made within weeks or several months later. If the Court does not grant judgment, the applicant may not apply again without leave of the Court. (Supreme Court Civil Rule 9-7(16)) 75 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

80 Summary Of My Other Choices FAST TRACK LITIGATION SUMMARY TRIAL ORDINARY TRIAL Examinations for Discovery are limited to 2 hours Trial date must be booked within 4 months of Fast Track starting Trial usually heard within one year of the action starting Trial has witnesses give testimony Trial must be completed within 3 days Examinations for Discovery are standard 7 hours Summary Trial can be scheduled anytime up to 42 days before the scheduled Trial Summary Trial must be heard no later than 42 days before the scheduled Trial No witnesses give testimony they testify through their Affidavits No limit on the number of days for hearing the Summary Trial Examinations for Discovery are standard 7 hours No time limit to schedule a Trial date Can take up to 1-2 years for the Trial to begin from the date it is booked, depending on how long the Trial is scheduled for Trial has witnesses give testimony No limit to the number of days for Trial 76 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

81 SUMMARY TRIAL: Forms (Supreme Court Civil Rules, BC Reg 168/2000, Rules 8-1, 9-7, and 15-1) 1. Summary Trial: a. Form 32 - Notice of Application b. Form 33 Application Response 2. Application Record cover and index 77 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

82 Sample Form 33: Notice Of Application For A Summary Trial (Supreme Court Civil Rule 8-1 (4)) No. S Vancouver Registry In the Supreme Court of British Columbia Between and Jane Doe Plaintiff John Smith Defendant NOTICE OF APPLICATION Name of applicant: JANE DOE (the Applicant ) TO: JOHN SMITH [name(s) of party(ies) or person(s) affected] AND TO: his solicitor. TAKE NOTICE that an application will be made by the Applicant to the presiding Judge at the courthouse at 800 Smithe Street, Vancouver, British Columbia on 30/Jul/2014 at 9:45 AM for the orders set out in Part 1 below. Part 1: ORDER(S) SOUGHT [Using numbered paragraphs, set out the order(s) that you are trying to achieve at the application. Make sure you are clear with indicating which party(ies) the order(s) is(are) sought against.] 1. The Defendant shall pay the Plaintiff the sum of $50,488.39; 2. The Defendant shall pay the Plaintiff interest on the sum of $50,488.39, pursuant to the Court Order Interest Act, R.S.B.C. 1996, c. 79; 3. The Defendant shall pay the Plaintiff its costs of these proceedings; and 4. Such further and other relief as this Honourable Court may deem just. Part 2: FACTUAL BASIS [Using numbered paragraphs, set out a brief summary of the facts supporting the application.] 1. On or about April 6, 2013, the Plaintiff and Defendant made an agreement in which the 78 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

83 Plaintiff would provide general contractor services to the Defendant for $50, The Plaintiff would provide monthly invoices and the Defendant agreed to pay those invoices plus a 5% monthly interest if payments were late. 2. From May 2013 to November 2013, the Plaintiff provided monthly invoices for services rendered. By about August 2013, the Defendant stopped paying. 3. When the Defendant stopped paying, a letter was sent to the Defendant to notify him of his outstanding account and the interest that will accrue if it was not promptly paid. The same was done when the Defendant failed to pay his accounts for the months of September, October, and November, The Plaintiff made several demands for payment from the Defendant but the Defendant has either failed or neglected to pay the outstanding amount. 5. The Defendant owes the Plaintiff $39, for the services rendered, and $10, in interest to date. In total, the Defendant has an outstanding account of $50, Part 3: LEGAL BASIS [Which legal rule or case did you base your reasoning on to try and achieve your order? Using numbered paragraphs, specify any legal rule or case relied on.] 1. The Plaintiff submits that Judgment should be granted on the basis of a summary trial pursuant to Supreme Court Civil Rule 9-7. Part 4: MATERIAL TO BE RELIED ON [Using numbered paragraphs, list the affidavits and other documents already in the Court file on which the Applicant(s) will rely.] 1. Affidavit #1 of Jane Doe, made 05/Aug/2013; 2. Affidavit #2 of Jane Doe, made 22/Jan/2014; and 3. Pleadings filed herein. 4 The Applicant estimates that the application will take 1 day. [Check the correct box.] This matter is within the jurisdiction of a Master. This matter is not with the jurisdiction of a Master. TO THE PERSON RECEIVING THIS NOTICE OF APPLICATION: If you wish to respond to this Notice of Application, you must, within 5 business days after service of this Notice of Application or, if this Application is brought under Rule 9-7, within 8 business days after service of this Notice of Application, 79 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

84 (a) (b) (c) file an Application Response in Form 33, file the original of every Affidavit, and of every other document, that i. you intend to refer to at the hearing of this Application, and ii. has not already been filed in the proceeding, and serve on the applicant 2 copies of the following, and on every other party of record one copy of the following: i. a copy of the filed Application Response; ii. a copy of each of the filed Affidavits and other documents that you intend to refer to at the hearing of this Application and that has not already been served on that person; iii. if this Application is brought under Rule 9-7, any notice that you are required to give under Supreme Court Civil Rule 9-7(9). Date: 30/Jul/ Signature of JANE DOE Applicant lawyer for Applicant(s) To be completed by the court only: Order made in the terms requested in paragraphs. of Part 1 of this notice of application with the following variations and additional terms: Date:... Signature of Judge Master 80 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

85 APPENDIX [The following information is provided for data collection purposes only and is of o legal effect.] THIS APPLICATION INVOLVES THE FOLLOWING: [Check the box(es) below for the Application type(s) included in this Application.] discovery: comply with demand for documents discovery: production of additional documents other matters concerning document discovery extend oral discovery other matter concerning oral discovery amend pleadings add/change parties summary judgment summary trial service mediation adjournments proceedings at trial case plan orders: amend case plan orders: other experts Sample Form 33: Application Response (Supreme Court Civil Rule 8-1 (10)) No. S Vancouver Registry In the Supreme Court of British Columbia Between Jane Doe and Plaintiff John Smith Defendant APPLICATION RESPONSE Application response of: The Defendant, John Smith (the Application Respondent ) 81 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

86 THIS IS A RESPONSE TO the Notice of Application of Jane Doe filed [insert the date the Registry stamped the Notice of Application]. Part 1: ORDER CONSENTED TO The Application Respondent consents to the granting of NONE of the orders set out in Part 1 of the Notice of Application. Part 2: ORDERS OPPOSED The Application Respondent opposes the granting of the orders set out in paragraphs 1-4 of Part 1 of the Notice of Application. Part 3: ORDERS ON WHICH NO POSITION IS TAKEN Nil [To take no position is to be neutral to the applicant s request. For example, in an Application that orders disclosure of medical records, the Defendant s lawyer may take no position on the production of pre- accident medical records because they believe there are no entries relevant to the action. Because the documents are not directly related to the injuries in dispute, they will not necessarily want the records to be produced, either for privacy reasons (e.g. gynecological records) and also, not to "open up a can of worms", but they also do not want the other party to think they are hiding something by objecting to their production. In this example, you write Nil because you are not being neutral to any of the orders sought but are opposing everything the applicant is seeking.] Part 4: FACTUAL BASIS 1. The Defendant is the owner of the lands located at 4567 Barrow Street, Vancouver, B.C. (the Lands ). 2. The Plaintiff and the Defendant have brought claims against each other. The debts arise out of different transactions, but involve the same parties. 3. On or about April 6, 2013, the Plaintiff and Defendant entered into an agreement in which the Plaintiff would provide general contractor services to the Defendant for the sum of $50,000.00, with respect to the renovations at 4567 Barrow Street, Vancouver, B.C. The Plaintiff would provide monthly invoices and the Defendant agreed to pay those invoices with a 5% monthly interest if payments were late. 82 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

87 4. From May 2013 to November 2013, the Plaintiff provided monthly invoices for services rendered. 5. On or about July 24, 2013, the City of Vancouver inspected the Lands. The work provided by the Plaintiff failed inspection. The Defendant attempted to address these failures with the Plaintiff but she would not agree to amend the work. Since that time, the Defendant has refused to pay the Plaintiff s invoice. 6. The Defendant had to hire another contractor to redo and complete the work required on the Lands. The Defendant has had to pay over $80, to fix the work the Plaintiff has done. Part 5: LEGAL BASIS 7. In accordance with Supreme Court Civil Rule 9-7(15), the Defendant seeks an Order that this Summary Trial application be dismissed because the Defendant s defence cannot be determined without a full Trial due to the nature of the Defendant s defences. 10. The Defendant therefore requests that this Application for summary judgment be dismissed with costs. Relief Sought 8. The Defendant seeks an Order that: (a) (b) the Summary Trial Application be dismissed; and costs of this Application. Part 6: MATERIAL TO BE RELIED ON 1. Affidavit #1 of J. Smith, sworn 01/Aug/2014; 2. The pleadings filed to date; and The Application Respondent estimates that the application will take 1 day. The Application Respondent has filed in this proceeding a document that contains the Application Respondent s address for service. Date: Signature of Bob Clarke lawyer for Application Respondent Sample Cover Page For An Application Record No. S Vancouver Registry 83 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

88 In the Supreme Court of British Columbia Between and Jane Doe John Smith Plaintiff Defendant APPLICATION RECORD (Rule 9-7 Summary Trial) Jane Doe 1234 Candylane Crescent Vancouver, British Columbia JANE DOE Appearing in Person Telephone: Clarke & Co Blane Street Victoria, British Columbia BOB CLARKE Lawyer for the Defendant Telephone: Fax: Date of Hearing: 15/Aug/ 2014 Application Record prepared by: the Plaintiff Time Required: 1 day 84 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

89 Sample Index To An Application Record For A Summary Trial In the Supreme Court of British Columbia No. S Vancouver Registry Between and Jane Doe John Smith I N D E X Plaintiff Defendant Tab Document Application Materials 1. The Plaintiff s Notice of Application dated July 30, The Defendant s Application Response dated August 7, 2014 Affidavits 3. Affidavit #1 of Jane Doe, sworn August 5, Affidavit #2 of Jane Doe, sworn January 22, Affidavit #1 of John Smith, sworn August 1, 2014 Other Materials Relied On 6. Expert report of Dr. Jones, dated April 5, 2014 Order, Argument, Authorities and Bill of Costs 7. Draft Order 85 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

90 5. MOVING MY ACTION FORWARD 86 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

91 Applications STEPS AND PROCEDURES IN BRINGING APPLICATIONS Part 8 of Supreme Court Civil Rules The forms are found at: Sometimes, you might find it difficult to get the opposing party to do something, which you think is reasonable and fair. So that the action is not delayed any further, you can make an Application to the Court for its assistance to move the action forward. What is a Notice of Application? You can apply to the Court for assistance through a document called a Notice of Application. In this document, you state only the facts related to your issue nothing more and nothing less. Once your Notice of Application is heard by a Judge or Master, you may obtain an Order against the other party which will tell them to do something by a specific date or within a certain time frame. Who can file a Notice of Application? Either party the Plaintiff or the Defendant may file a Notice of Application. If you file the Notice of Application, you are the Applicant. If you are served with a Notice of Application, you are the Responding Party. Go the Application Response. Tracking Your Efforts Document everything you do. If you make a phone call for a specific request, make a readable note of it. It might become useful later on in your Notice of Application to use in your supporting Affidavit. If the opposing party does not respond to your request, make a second phone call or send a second letter. Refer to your first letter in your second letter because this will demonstrate to the Court that you have given the opposing party lots of opportunity to respond to your request. If the opposing party still does not respond to your second letter, send them a third letter informing them that if they do not respond by a specific date, you will set down an Application and ask the Court to Order them to respond. Your letters can then be attached as Exhibits to your Affidavit, in support of your Application. The time between requests will depend on the urgency of the matter you are dealing with. If you needed documents right away and the other party is not complying, you can draft a Short Notice 87 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

92 Application. The Court will ask you why the matter was not dealt with earlier and you will need a good reason for the delay or urgency. If, after your third letter you still have not heard from the opposing party, phone them to determine whether they will attend and what their position is so that you can inform the Court. It is courteous and efficient to obtain a date which works for both parties. Costs is it worth it? One of the most important questions before drafting an Application is whether what you are asking for is worth the time and expense of going to Court. Those Costs are not awarded unless you ask for them. There are three types of Costs you can ask for in the Notice of Application: a) Costs in the cause: are costs that a party gets only at the conclusion of the matter if that party is successful at the application and at the trial. b) Costs in any event of the cause: are costs that a party who is successful in the application is awarded regardless of the results of the trial. c) Costs thrown away: are costs that are offered to a party if they were forced to attend at an Application which had no legal basis and which was unnecessary. In the end, you may not always get the costs you want but you may end up with a Court Order that forces the other side to produce documents. The point is that you are asking the Court to help you move your case along. Drafting the Notice of Application Form 32 A Notice of Application is divided into 4 Parts see attached sample Notice of Application which sets out what you are looking for and why you think the Court should grant you what you are asking. The Notice of Application cannot exceed 10 pages. Time Estimates The Notice of Application has a space allotted for how long you think the Court hearing will last. Usually, minutes is a good estimate for an undisputed Application, meaning the opposing side will not fight back on what you are asking for. If you think the Application will take longer than 2 hours, you need to contact the Registry and ask for the available dates so that the Application may be set down on the Trial list. It does not mean your case is actually going to Trial; it is just the name of the list the Registry uses for longer applications. File & Serve Once your Notice of Application and Affidavit are drafted, make enough copies for yourself, the other party, the Judge and the Registry. 88 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

93 You will then go to the Registry where the Application will be heard and hand it over to the Registrar who will quickly review it and stamp it (i.e. file it). You will also need $80 for the filing fee (if you write a cheque, it must be addressed to the Ministry of Finance ). If you cannot afford to pay the filing fee, go to Application to Waive Fees. This is a separate Application that asks the Court to give you an exemption from paying the filing fee. Once filed, serve it on the other party at least 8 business days before the Court hearing date. See Appendix C on Counting Days. Drafting the Application Response Form 33 An Application Response is divided into six parts see attached sample Application Response which sets out your response to the Applicant s Notice of Application. It cannot exceed 10 pages. Time Estimates The Application Response has a space allotted for how long you think the Court hearing will last. The more you disagree with the Notice of Application, the longer it takes to go over at Court. Usually, minutes is a good estimate for an undisputed Application, meaning you will not be fighting back on what the Applicant is asking for. File & Serve Once your Application Response and Affidavit (optional) are drafted, make at least three copies one for yourself, the opposing party, the Judge and the Registry. Within five business days of being served with the Notice of Application, you must: (a) file and serve an Application Response (it must not be longer than 10 pages); and (b) file and serve any supporting affidavits you have or that you referred to in the Application Response. Drafting an Affidavit Every Notice of Application be supported by an Affidavit, a document sworn by a person who knows about the events set out in the Notice of Application. An Application Response may be supported by an Affidavit as well, though this is optional. The Deponent is the person giving the evidence and swearing the Affidavit. Affidavits must include the name, address and occupation of the person giving the evidence. It is written as if the Deponent is telling the story themselves. Affidavits must be separated into paragraphs. To keep it simple and easy to read, each paragraph can discuss a new issue or a new point. 89 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

94 Each issue or point that you are trying to make has to be backed- up by an original document or true copy of an original document, referred to as an Exhibit. The Exhibit should be introduced as a last sentence in the paragraph. For example, you might say, Attached and marked as Exhibit A B C etc. to this Affidavit is a true copy of letter dated June 1, Each Exhibit is then stamped with an exhibit stamp. The stamp says the following: This is Exhibit A, B, C, etc. referred to in the Affidavit of [NAME of person swearing the Affidavit] sworn (or affirmed) before me on [dd/mm/yyyy] [ signature of Notary or commissioner for taking oaths] Keep in mind that your Affidavit can only be based on facts and knowledge. You cannot tell the Judge or Master that you think or that you believe that you requested a document from the other party when you did not actually make that request. The jurat is the clause at the end of the Affidavit that is completed and signed by a commissioner for taking Affidavits. Keep the jurat on the same page as the last numbered paragraph. On the right side of the Jurat, the person who swears the Affidavit has to also sign it. Put it all together: the Application Record The party making the Application is required to file an Application Record no earlier than 3 days before the Application Hearing and no later than 1 full business day before the Court hearing. The Application Record may contain the following documents: a) copy of your filed Application; b) copy of your filed Affidavit(s); c) copy of the other party s Application Response; d) copy of the other party s Affidavit(s) (if any); e) any Orders that you previously obtained and which are relevant to the issue at hand. The index to the Application Record should be served on the opposing party 1 day before the Court hearing so that they may prepare their own copy of the Application Record. On the day of the Court hearing Dress as if you are going to a job interview and not to a date or party. Choose something tasteful and clean. It shows respect. Show up 20 minutes early to find out which Courtroom you are assigned to. There is a list next to the Sheriff s desk that you should check. Stand when the Judge arrives and leaves the Courtroom, and never turn your back to the Judge. 90 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

95 Stand when you speak to Judge so that the microphone can pick up what you are saying. Speak to the Judge; do not speak to the opposing lawyer/party. You address the Judge as Sir, Your Honour, or Justice. You might hear a lawyer say to the Judge My Lord or call another lawyer My Friend but as a self- represented litigant you are not expected to use those traditional terms. Do not ever talk over the Judge. If the Judge starts talking, you stop talking. Less is more: keep emotion and accusations out of it, as those are not relevant; Concentrate only on the facts that the Judge/Master requires in order to give you the Order you are seeking; The more planned and focused you are, the more successful you will be; Answer briefly and clearly any questions the Judge/Master may ask of you; Listen carefully to what the opposing party has to say; Answer accurately, briefly and clearly any questions or any accusations made by the opposing party that you disagree with; Only relevant information should be provided: too much information confuses and frustrates everyone; Be respectful: if you are snarky or talk out of turn, it will be much more difficult for the Judge/Master to give you what you want; Being thoughtful and reasonable will greatly increase your likelihood of success. Credit: How to Help the Judge / Master Give You What You Are Seeking, Martha Metzner The Mckenzie Friend Think about bringing a friend with you. Sometimes having a friend with you can be helpful for both you and the Court if they are there to assist with the Trial, but not there to testify for you. This friend is called a McKenzie Friend. The term originated from an Australian case. It means that the Court can allow a friend to sit with a self- represented litigant for the main purpose of taking notes, helping to organize and produce documents, or the like. They are NOT to speak for you or be your advocate. Sometimes a friend might have more objectivity because they are not involved in the dispute but can look at it from an outsider s point of view. A friend can help you understand what the Court is saying or recommending. There is no formal Court application to have your friend there. Your friend first sits in the body of the audience. You have to ask the Court if your friend can sit with you as a McKenzie Friend and take notes, find papers, etc. The Judge or Master might not know the phrase, but as long as your friend is not intruding, the Court will likely permit it. Credit: Master Baker 91 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

96 Drafting Orders Made After Application After the Court hearing, the successful party drafts the Court Order. See attached sample Order Made After Application. An Order is a document that sets out the decision of a Judge or Master after a court hearing. Interim Orders are made at Application hearings and sometimes Trial Management Conferences ( TMCs ). Final Orders are made at Trial or at a Summary Trial Application. Interim Orders sought in Applications are set out in the Notice of Application, while the Orders sought at Trial are set out in the pleadings (i.e. Notice of Civil Claim and/or Response to Civil Claim). It is important to understand that just because a party is asking for specific orders, this does not mean a Judge or Master will automatically grant those orders. It is up to the parties (or their lawyer if they are represented) at the hearing or Trial to convince the Judge or Master whether or not to grant the requested orders. At the end of an Application hearing, the Judge or Master will usually give their decision orally as to what orders they will allow. Normally the successful party (or their lawyer if they are represented) drafts the Order. Each will sign the draft Order, which is endorsed approved as to form. This means that both parties agree that the form of the Order accurately sets out the decision of the Judge or Master. An Order is in effect as soon as it is rendered by the Judge or Master. Once the Order is signed, it is sent to the Registry for entry, which means the Order becomes an official court document by being checked, signed by the Registrar or Judge, and then sealed with the court stamp. Think about preparing a draft Order in advance; the opposing party, if they are represented by a lawyer will likely be drafting one. If the lawyer asks you to sign the draft Order, you have a right to review before signing the Order. However, this does not mean that you can simply refuse to sign the Order because you do not agree with the decision. If the draft Order accurately sets out the terms of the Judge or Master s decision, you have an obligation to sign the Order and return it to the lawyer for entry. If you do not, the lawyer of the opposing party may ask that the your signature on the draft Order be dispensed with. This means that you will not get an opportunity to review the Order or sign it before it gets entered. Why should I sign the draft Order? Here are some reasons why you should consider signing the Order: a) your signature only certifies the accuracy of the order, and it is not about your consent or agreement; b) signing is a right, but if you do not deal with it quickly and either sign the order or send it back with specific points regarding inaccuracies, there will be costs implications; 92 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

97 c) if you disagree with the form or the wording of the Order, you can go to the Registry and get a copy of the clerk's notes to check; and d) if you still disagree, you can either ask that it go back to the ORIGINAL judge/master to settle it or take out an appointment before the Registrar. If you strongly disagree with the decision of a Judge or Master, then you should seek independent legal advice as to whether the decision should be appealed, or at a later date bring on an Application to vary the Order. If you wish to appeal the decision, keep in mind that in most instances there is a time limit of 30 days from the date the Order was made by the Judge or Master to file your appeal. If you do not agree that the wording of the draft Order accurately sets out what the Judge or Master decided, then you can obtain a copy of the Clerk s Notes from the Court Registry. If you feel that the Clerk s Notes are not accurate, you can order a Transcript of the hearing, however, that can be very costly. As a last resort, you can have a Registrar settle the terms of the Order; again, this incurs further costs. You should always be provided with a copy of the entered Order, but keep in mind it can sometimes take weeks (or months) to get the Order back from the Registry. 93 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

98 APPLICATIONS: Forms (Supreme Court Civil Rules, BC Reg 168/2009, Rules 8-1, 8-2, 8-3, 8-4, 8-5, 21-1) 1. Form 30 Affidavit 2. Form 32 Notice of Application 3. Form 33 Application Response 4. Form 35 Order Made After Application 94 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

99 Sample Form 109: Affidavit (Supreme Court Civil Rules 22-2 (2) and (7)) This is the #1 st AFFIDAVIT of ***Affidavit Deponent s Name*** in this case and was made on *** Date In the Supreme Court of British Columbia No. S Vancouver Registry Between and Jane Doe John Smith AFFIDAVIT Plaintiff Defendant I, Jane Doe, Homemaker, of 1234 Candylane Crescent, in the City of Vancouver, in the Province of British Columbia, SWEAR (OR AFFIRM) THAT: 1. I am the Plaintiff in the above noted proceeding and as such have personal knowledge of the facts and matters deposed to save and except those stated to be based on information and belief and where so stated I believe them to be true. 2. [STATE THE FACTS.] The Defendant filed a Response to Civil Claim dated February 5, 2014 which claimed that we signed an addendum to a contract. Attached and marked as Exhibit A to this Affidavit is a true copy of the Defendant s Response to Civil Claim. 3. The Defendant served his List of Documents on April 1, 2014 but did not list the above noted addendum. Attached and marked as Exhibit B to this Affidavit is a true copy of the Defendant s List of Documents dated April 1, [Notice how the Exhibits are in alphabetical order]. 95 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

100 4. On April 15, 2014, I called the Defendant to request a copy of the contract addendum. He has not provided a copy of the addendum to date. [Continue stating the facts.] SWORN (OR AFFIRMED) BEFORE ME at the City of Vancouver, British Columbia, on DATE ) ) A Commissioner for taking Affidavits for British Columbia ) JANE DOE 96 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

101 Sample Form 32: Notice Of Application (Supreme Court Civil Rule 8-1 (4)) Use this form when you are seeking the Court s assistance to move your case along. The attached form represents a list of suggested paragraphs that set out language appropriate for the most common applications. These are only a few examples. In reality, there can be many different types of items you can ask for from a Judge or Master. No. S Vancouver Registry Between In the Supreme Court of British Columbia and Jane Doe John Smith NOTICE OF APPLICATION Plaintiff Defendant Name of applicant: The Plaintiff, Jane Doe TO: AND TO: The Plaintiff/The Defendant Their lawyer NAME OF LAWYER TAKE NOTICE that an Application will be made by the Defendant to the presiding Judge [or Master, see Appendix E and select Judge or Master as appropriate] at the [ADDRESS OF COURTHOUSE WHERE APPLICATION WILL BE HEARD], in the City of [ ], on [date of Court hearing] at 9:45 a.m. for the Order(s) set out in Part 1 below. [The hearing always starts at 9:45, unless it is in Kamloops where hearing start at 9:15 a.m.] 97 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

102 [The place of the Hearing is usually at the Courthouse where the Action was started or at the Registry where it is most convenient for the parties of the action, if it shares the same judicial district as the originating Registry. For example, Vancouver, New Westminster, and Powell River share the same judicial district. An Application filed at Powell River Registry can be heard at the Vancouver Registry.] Part 1: ORDER(S) SOUGHT [Clearly state what you are asking for. ] Part 2: FACTUAL BASIS [The factual basis is a brief summary of the facts that support your Application. Do not go over all the details and conversations you had with the other party. Focus on the main issue and do not go off topic]. Part 3: LEGAL BASIS [Insert the case(s) you are relying on, or a rule that you have taken from the Supreme Court Civil Rules that supports why the Court should award you what you are asking for.] Part 4: MATERIAL TO BE RELIED ON [list the Affidavits that support your Application] For example: Affidavit #1 of Jane Doe, sworn May 30, 2014 The Applicant(s) estimate(s) that the Application will take minutes. [ ] This matter is in the jurisdiction of a Master. [ ] This matter is not within the jurisdiction of a Master. [refer to Appendix E if unclear about whether a Master can hear your Application] TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to respond to this Notice of Application, you must, within 5 business days after service of this Notice of Application or, if this Application is brought under Rule 9-7, within 8 business days after service of this Notice of Application, (a) file an Application Response in Form 33, (b) file the original of every affidavit, and of every other document, that (i) you intend to refer to at the hearing of this Application, and (ii) has not already been filed in the proceeding, and (c) serve on the Applicant 2 copies of the following, and on every other party of record one copy of the following: (i) a copy of the filed Application Response; (ii) a copy of each of the filed affidavits and other documents that you intend to refer to at the hearing of this Application and that has not already been served on that person; (iii) if this Application is brought under Rule 9-7, any notice that you are required to give under Rule 9-7 (9). 98 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

103 Date: [when signed]... Your signature To be completed by the court only: Order made [ ] in the terms requested in paragraphs... of Part 1 of this Notice of Application [ ] with the following variations and additional terms: Date: Signature of [ ] Judge [ ] Master [This section is for data collection purposes only which goes towards the Court s statistics]. Appendix THIS APPLICATION INVOLVES THE FOLLOWING: [ ] discovery: comply with demand for documents [ ] discovery: production of additional documents [ ] other matters concerning document discovery [ ] extend oral discovery [ ] other matter concerning oral discovery [ ] amend pleadings [ ] add/change parties [ ] summary judgment [ ] summary trial [ ] service [ ] mediation [ ] adjournments [ ] proceedings at trial [ ] case plan orders: amend [ ] case plan orders: other [ ] experts 99 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

104 Sample Form 33: Application Response (Supreme Court Civil Rule 8-1 (10)) No. S Vancouver Registry In the Supreme Court of British Columbia Between Jane Doe and Plaintiff John Smith Defendant APPLICATION RESPONSE Application response of: The Defendant, John Smith (the Application Respondent ) THIS IS A RESPONSE TO the Notice of Application of Jane Doe filed [insert the date the Registry stamped the Notice of Application]. Part 1: ORDER CONSENTED TO The Application Respondent consents to the granting of NONE of the orders set out in Part 1 of the Notice of Application. Part 2: ORDERS OPPOSED The Application Respondent opposes the granting of the orders set out in paragraphs 1-4 of Part 1 of the Notice of Application. Part 3: ORDERS ON WHICH NO POSITION IS TAKEN Nil 100 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

105 Part 4: FACTUAL BASIS 1. The Defendant is the owner of the lands located at 4567 Barrow Street, Vancouver, B.C. (the Lands ). 2. The Plaintiff and the Defendant have brought claims against each other. The debts arise out of different transactions, but involve the same parties. 3. On or about April 6, 2013, the Plaintiff and Defendant entered into an agreement in which the Plaintiff would provide general contractor services to the Defendant for the sum of $50,000.00, with respect to the renovations at 4567 Barrow Street, Vancouver, B.C. The Plaintiff would provide monthly invoices and the Defendant agreed to pay those invoices with a 5% monthly interest if payments were late. 4. From May 2013 to November 2013, the Plaintiff provided monthly invoices for services rendered. 5. On or about July 24, 2013, the City of Vancouver inspected the Lands. The work provided by the Plaintiff failed inspection. The Defendant attempted to address these failures with the Plaintiff but she would not agree to amend the work. Since that time, the Defendant has refused to pay the Plaintiff s invoice. 6. The Defendant had to hire another contractor to redo and complete the work required on the Lands. The Defendant has had to pay over $80, to fix the work the Plaintiff has done.. Part 5: LEGAL BASIS 7. In accordance with Supreme Court Civil Rule 9-7(15), the Defendant seeks an Order that this Summary Trial application be dismissed because the Defendant s defence cannot be determined without a full Trial due to the nature of the Defendant s defences. 10. The Defendant therefore requests that this Application for summary judgment be dismissed with costs. Relief Sought 8. The Defendant seeks an Order that: (a) (b) the Summary Trial Application be dismissed; and costs of this Application. Part 6: MATERIAL TO BE RELIED ON 1. Affidavit #1 of J. Smith, sworn 01/Aug/2014; 101 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

106 2. The pleadings filed to date;; and The Application Respondent estimates that the application will take 1 day. The Application Respondent has filed in this proceeding a document that contains the Application Respondent s address for service. Date: Signature of Bob Clarke lawyer for Application Respondent 102 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

107 Sample Form 35: Order Made After Application (Supreme Court Civil Rules 8-4 (1), 13-1 (3), and 17-1 (2)) Use this form when an Order has been made by the Court after an application has been made. The attached form represents a list of suggested paragraphs that set out language appropriate for the most common applications. These are only a few examples. In reality, there can be many different types Orders granted by a Judge or Master. You are to select only those paragraphs that reflect the Orders made by the Judge or Master (or consented to by the parties). In the Supreme Court of British Columbia No. S Vancouver Registry Between Jane Doe Plaintiff and John Smith ORDER MADE AFTER APPLICATION Defendant BEFORE ) ) ) ) ) THE HONOURABLE JUSTICE or A JUDGE OF THE COURT or MASTER or A MASTER OF THE COURT ) ) ) ) ) [dd/mmm/yyyy] [Select whichever one of the 3 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.] ON THE APPLICATION of the Plaintiff, Jane Doe, coming on for hearing at Vancouver, B.C. on 08/Aug/2014 and on hearing Jane Doe, appearing in person (i.e. self- represented), and Bob Clarke, lawyer for the Defendant; OR 103 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

108 [use this paragraph when: the other party has been served with Court documents but has not provided any responding documents to your Application; in emergency Applications like injunctions where you need immediate action] ON THE APPLICATION of the Plaintiff, Jane Doe, without notice coming on for hearing at Vancouver, B.C. on 08/Aug/2014 and on hearing Jane Doe, appearing in person [if you are a self- represented litigant]; OR [use this paragraph when a Judge asks for written submissions and does not require you to show up at Court] ON THE APPLICATION of the Plaintiff, Jane Doe, without a hearing and on reading the materials filed by the Plaintiff, Jane Doe, and Bob Clarke, lawyer for the Defendant; THIS COURT ORDERS that: [when you need the Court s permission to amend your pleading] 1. the Plaintiff is granted leave to amend the Notice of Civil Claim as attached as Schedule A to this Notice of Application; [when you cannot locate the Defendant to serve the documents on them and you are asking the Court s permission to serve by substitutional service in other words, to use an alternate way to serve a document than what is set out in the Supreme Court Civil Rules] 2. the Plaintiff may serve the Notice of Civil Claim upon the Defendant, John Smith, by posting a copy of the Notice of Civil Claim, together with a copy of this Order, on the door of his residence at Street, Delta, British Columbia; and 3. The Defendant, John Doe, will be deemed to have been served on the 3rd business day following service in accordance with paragraph 2 of this Order. [when the other party has not provided their List of Documents despite repeated requests by you to do so] 1. The Defendants will produce supplementary Lists of Documents which disclose documents from the following sources or locations: [list] 2. ABC Company now doing business as or operating as 123 ("123") will, by 4:30 p.m. on [Month, Date], 2014, provide to the [party] a copy of all documents, correspondence, surveys, reports, statements, interviews or other records in their possession relating to any claim or claims of [related party] with respect to [the incident] including the contents of 123 s file on claim #12345, other than any documents, that 123 makes a claim of privilege or do not relate to a matter in question. 104 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

109 THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT: [A signature line in the following form must be completed and signed by or for each approving party.] Signature of Jane Doe Plaintiff Signature of Bob Clarke lawyer for the Defendant By the Court. Registrar 105 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

110 [This is the backing sheet. All Court Orders need to have this as the last page. It faces outwards] No. S Vancouver Registry In the Supreme Court of British Columbia Between and JANE DOE JOHN SMITH Plaintiff Defendant ORDER MADE AFTER APPLICATION [your address and contact information] 106 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

111 107 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

112 Trial Management Conferences Supreme Court Civil Rule 12-2 The forms are found at: You are getting close to Trial. It is time to set out the steps that will help the Trial go as smoothly as possible. It is also not too late to consider an offer to settle the action without going to Trial. All of this can be explored through a Trial Management Conference. After the Trial Management Conference, if any orders are made, the parties must comply with the Judge s orders and make arrangements to prepare for Trial. What is it? The Trial Management Conference (also referred to as the TMC ) is a mandatory pre- trial procedure if one of the parties is self- represented and must take place before the Trial can proceed. Why is a Trial Management Conference necessary? The Trial Management Conference is an opportunity for the Plaintiff and the Defendant (and their lawyers, if any) to meet before a Judge or Master to explore the case before it goes to Trial and consider different matters including, but not limited to: exploring the chances of settling the case, for steps after the settlement is reached, see section 8(a) on Settlement Offers, arranging to receive evidence by a written report, deciding how the Trial will proceed, ensuring that the parties know what witnesses will testify and what other evidence will be presented at the Trial, estimating the time needed for the Trial, and re- setting the Trial date (if more time is necessary, additional days may be added to the existing Trial date or a new Trial date may be set). What happens if no Trial Management Conference is held? You risk losing your Trial date. 108 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

113 When does it take place? The Trial Management Conference must take place at least 28 days (or 1 month) before the scheduled Trial date, unless otherwise ordered by the Court (Supreme Court Civil Rule 12-2(1)). Who arranges the Trial Management Conference? Either party can arrange the Trial Management Conference. It is more efficient to do so when you have a date that everyone agrees to. How do I arrange the Trial Management Conference? The Trial Management Conference is reserved by contacting Supreme Court Scheduling to reserve a date and time. Once a date is reserved, the party who reserves the date must file a Requisition (in Form 17) that sets out the time and date reserved for the Trial Management Conference. Where does the Trial Management Conference take place? At the Registry where the Trial will take place. Who has to go? The Plaintiff and the Defendant (or their lawyers if any) are required to attend the Trial Management Conference (Supreme Court Civil Rule 12-2(4)). If represented by a lawyer, the lawyer may attend without their client. What happens if a party does not show up? If the Plaintiff or Defendant (or their lawyer, if attending in place of their client) fails to attend the Trial Management Conference, the Judge or Master may: (d) proceed without the missing party, (e) adjourn the Trial Management Conference, or (f) Order the missing party to pay costs to the other party, (Supreme Court Civil Rule 12-2(7)). What needs to be prepared for the Trial Management Conference? Before the Trial Management Conference, the Plaintiff and Defendant are each required to prepare and file a Trial Brief (in Form 41) (Supreme Court Civil Rule 12-2(3)). What is a Trial Brief? The Trial Brief is a five- page document that sets out: a summary of the issues and positions, identifies the witnesses who will be called give evidence at the Trial, identifies the witnesses who will be called for cross- examination, provides the time estimates for each witnesses testimony, sets out the evidence that will be presented at the Trial (i.e. expert reports, exhibits or other documents), 109 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

114 lists the legal authorities that will be relied on; and identifies the terms of the Order to be sought at the Trial. How do I prepare a Trial Brief? Obtain a blank copy of the Trial Brief in Form 41. The Trial Brief has 10 sections and should include in each section the following information: Section 1 Summary of issues and positions Information to include Set out each issue in dispute and your position on each issue. 2 Witnesses to be called Insert the names and addresses for each witness you intend to call at trial. Insert a time estimate required for each witness to give evidence. 3 Expert reports Insert the name of each expert and their report that you intend to offer as evidence at the Trial. Insert the date of each expert s report. 4 Witnesses to be cross- examined Insert the name of each witness you intend to cross- examine at the Trial. Insert a time estimate you anticipate requiring each witness for cross- examination at the Trial. 5 Documents and exhibits insert a list of documents and other exhibits that you intend to tender as evidence at the Trial. 6 Authorities insert a list of authorities you intend to rely on at the Trial. 7 Order insert the terms of the Order that you intend to seek at the Trial. 8 Times required for submissions 9 Orders that may affect the conduct of the trial 10 Trial to be heard with or without jury insert the time estimates for your (a) opening statement, and (b) closing statement. insert the date(s) of any Orders which contain provisions or terms that may affect the conduct of the Trial (and Trial Order). check the box for whether the Trial is being heard by the Court with or without a jury. For the sections above, if there are areas where you do not have any information to provide or the information is not finalized, you may choose to insert: to be provided at a later date or none to identify why the information is missing. 110 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

115 When does the Trial Brief have to be filed? The Trial Brief must be filed and served on each party at least 7 days before the Trial Management Conference hearing date (Supreme Court Civil Rule 12-2(3)). What if the Trial Brief is more than five pages? If your Trial Brief is more than five pages, you must include an index that identifies the page number for each section. What happens if a party does not provide a Trial Brief? If the other party fails to provide you with a Trial Brief, you may consider writing a letter reminding them of the service deadline and requesting a copy of their Trial Brief. Unfortunately, there is no specific penalty outlined in the Supreme Court Civil Rules if a party fails to file and serve their Trial Brief. However, a party that does not file a Trial Brief runs the risk of: being prevented from dealing with the items set out in the Trial Brief, including calling witnesses and submitting expert reports as evidence; having costs made against them in their absence; or having penalties ordered against them for not providing proper response materials. What happens at a Trial Management Conference? At the Trial Management Conference, the Plaintiff, the Defendant and their lawyers, if any, will meet before a Judge or Master to address matters about the Trial, including simplifying the issues, preparing common books of documents or identifying facts that are not in dispute. If these types of issues can be figured out during the Trial Management Conference, it will save time later when the Trial starts.. The Judge or Master can make Orders on issues including: a plan for how the Trial should be conducted; amendment of pleadings; facts to be admitted at the Trial; documents to be admitted at the Trial, including agreements as to the purpose for using the documents at the Trial or preparing a common book of documents; limits on how long witnesses can be examined and cross- examined; that the evidence of witnesses be presented at the Trial in Affidavit form; adjournment of the Trial; require that the opening statements and final submissions be presented in writing; and change the number of days set aside for the Trial. 111 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

116 Supreme Court Civil Rule 12-2(9) sets out the full list of issues that the Judge or Master may consider and make an Order on at the Trial Management Conference. What else do I need to know about Trial Management Conferences? Supreme Court Civil Rule 12-2 sets out the full list of rules that affect the Trial Management Conference. Information on the Supreme Court Civil Rules and Forms can be found online at the Courts of B.C. website: Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

117 TRIAL MANAGEMENT CONFERENCE: Forms (Supreme Court Civil Rules, BC Reg 168/2009, Rules 12-2) 1. Form 17 Requisition 2. Form 41 Trial Brief 113 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

118 Sample Form 17: Requisition NO. S Vancouver Registry In the Supreme Court of British Columbia Between: Jane Doe Plaintiff And: John Smith Defendant REQUISITION - GENERAL Filed by: Required: the Plaintiff To confirm a telephone booking of a Trial Management Conference in this proceeding for Monday, July 28, 2014 at 2:45 p.m. Trial date: September 2, 2014 (5 days) This Requisition is supported by the following: N/A Dated: July 10, 2014 Signature of JANE DOE filing party lawyer for filing party(ies) Name and address of filing party: 1234 Candylane Crescent Vancouver, BC V5Y 1K8 Telephone: [email protected] 114 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

119 Sample Form 41: Trial Brief (Supreme Court Civil Rule 12-2 (3)) NO. S Vancouver Registry In the Supreme Court of British Columbia Between: Jane Doe Plaintiff And: John Smith Defendant TRIAL BRIEF Filed by: the Plaintiff, Jane Smith (the filing party ) The Trial of this case is scheduled for five (5) days and is scheduled to begin on 02/Sep/ Summary of Issues and Positions The following are the issues in dispute and the filing party's position on each: Issue in dispute Filing party's position 1. Damages 1. The Plaintiff takes the position that it is entitled to: a. Non- pecuniary damages at or approaching the upper limit; b. Past wage loss; c. Loss of income earning capacity; d. Cost of future care; and e. Special damages. 2. Liability 2. The Plaintiff takes the position that the accident was caused entirely by the Defendant s negligence. The Plaintiff denies that she shares any fault in the accident. 115 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

120 2 Witnesses to Be Called The following are the names and addresses of the witnesses the filing party intends to call at the Trial, and an estimate of the time each witness will need for giving direct evidence: Billy Hill Name Address Time needed 8218 Hudson Street Vancouver, BC V6P 4J1 60 minutes Don Juan Richards Street Vancouver, BC V6X 4P3 30 minutes Emily Smith Pacific Blvd. Vancouver, BC V6T 1&B 60 minutes 3 Expert Reports The following are the expert reports the filing party intends to offer as evidence at the Trial: Dr. Laura Hoover Dr. Robin Hoodwink Name of Expert 16/Jan/ /Jan/2014 Date of Report 4 Witnesses to Be Cross-Examined The following are the names of the witnesses the filing party anticipates cross- examining at the Trial, and an estimate of the time the filing party will need for each: Name Dr. James House Dr. Elizabeth Crusher Moby Dickerson 45 Minutes 45 Minutes 60 Minutes Time needed 5 Documents and Exhibits The following are the documents and other exhibits the filing party intends to tender at the Trial: Scene photographs Employment and tax records Special damages receipts Medical records 116 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

121 Experts reports 6 Authorities The following are the authorities the filing party intends to rely on at trial: To be provided. 7 Order The following are the terms of the Order the filing party will seek at the Trial: Judgment against the Defendants; Apportionment, where applicable, under the Negligence Act, RSBC 1996, c. 333; Assessment of damages; and Costs of the proceedings. 8 Time required for submissions The filing party estimates that 30 minutes will be required for that party's opening statement and 45 minutes will be required for that party's final submissions. 9 Orders that may affect the conduct of the Trial The following Orders contain provisions that may affect the conduct of the Trial: None. Date of Order Nature of Order 10 Trial to be heard with or without Jury The Trial of this case is to be heard by the Court without a jury. with a jury. Dated: 18/Jul/2014 Signature of JANE DOE filing party lawyer for filing party(ies) 117 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

122 6. WHAT I SHOULD KNOW ABOUT TRIALS 118 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

123 TRIAL Supreme Court Civil Rules 12-3, 12-4, and 12-5 The forms are found at: You have decided to proceed with the Trial. It involves a lot of preparation and organization. As part of that preparation, you need to do the following: - Trial Certificate - Trial Record - Subpoena the witnesses - Book of Documents Trial Certificate (Form 42) What is it? A document that confirms: 1. you will be ready on the scheduled Trial date, 2. how long the Trial will last (in days), 3. you have completed all Examinations for Discovery that you intend to conduct, 4. a Trial Management Conference has been conducted, and 5. you will give the Registrar prompt notice of any settlement or proposed adjournment of Trial. (Supreme Court Civil Rule 12-4(3)) Why is it necessary? You risk losing your Trial date if you do not file the Trial Certificate (Supreme Court Civil Rule 12-4(5)). Who files it? The Plaintiff and the Defendant - each party must file a Trial Certificate. When is it filed? Between 14 and 28 days before the start of Trial. When calculating when to file it, do not include the date you file it at the Registry or the first day of Trial. 119 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

124 Where is it filed? File the Trial Certificate at the Registry location where the Trial is to happen. HOW DO I DO THIS? 1. Complete Form 42 (see attached example). 2. Make 3 copies one for the Court, one for yourself, and one for the opposing party. 3. File it at the Registry. 4. Serve the opposing party with one of the filed copies. Trial Record What is it? A booklet containing documents that provide details about the action and any Court Orders about the way a Trial should be conducted. Why is it necessary? This booklet is used by the Trial Judge as a reference to explain what the litigation is about. Who prepares it? The party that filed the Notice of Trial must also file the Trial Record (Supreme Court Civil Rule 12-3(1)). When is it filed? Between 14 and 28 days before the first day of Trial. When calculating when to file the Trial Record, do not include the date of filing or the first day of Trial. Where do I file it? File it at the Registry location where the Trial is to happen. HOW DO I DO THIS? 1. Make copies of the following, with tabs in between each document: a) the filed Notice of Civil Claim (if it has been amended, just include the amended version); b) any Responses to Civil Claim (if they have been amended, just include the amended version); If there are any of the following, then include them in chronological order, with tabs in between each document: c) Third Party Notice, Reply, Counterclaim (if any); d) Demand for Particulars and corresponding Reply (if any); e) the Case Plan Order (if any); f) any Court Order that affects how a Trial is going to run (if any); g) any document required by the Registrar (if applicable). 120 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

125 *Settlement proposals or negotiations are never included in the Trial Record. 2. Write on the first page of each document, in the upper right hand corner: [action number if it is not already on the document] [registry location if it is not already on the document] [filing date the date it is stamped by the Registry. If the document was not filed, write the date that the document was prepared, completed or entered.] 3. Number the pages When the documents are arranged in order, number each page consecutively at the top centre of each page. 4. Prepare the Index List all the documents and the corresponding tab number (optional: you can also include the page number). 5. Prepare a cover page. The cover should have the style of proceedings and the contact information of each party. You should also include the date and place of Trial. See attached sample. The cover and back sheet should be light blue. 6. Copy, Bind and File it Make three copies of the Trial Record one for the Court, one for yourself, and one for the opposing party. Bind all the copies using a plastic coil ring or you can staple and cover with black fabric tape. Take it to the Registry and file it. 7. Serve it. Serve one of the stamped copies on the opposing party. Subpoena (Form 25) This is a document that requires a witness to attend Court on the date specified on the document. It is not filed at the Registry (Supreme Court Civil Rule 12-5(33)). The Subpoena must be served with the witness fees ($20 per day) (Supreme Court Civil Rule 12-5(35)). If the witness is from out of town, you will need to add on the travel costs on top of the witness fee (e.g. ferry cost, mileage at $0.30 per km if travelling more than 8 km to get to the place of Trial). If your witness needs an interpreter, you must book a court- certified interpreter. A relative or friend cannot translate and interpret for your witness. An Internet search for BC court certified interpreter will help you locate a court- certified interpreter in your area. Book of Documents This is a binder containing the documents you will refer to at Trial. There is no set form or rule in the way you put together the Book of Documents, but the important thing is that it must be 121 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

126 organized with an index and tabs between each document. This makes it easy for you to find the documents when you need them and ensures that you do not keep the judge waiting while you shuffle through papers. Here are some ways you can organize your Book of Documents: in chronological order; by categories; or by witness. It is a good idea to make three sets of your Book of Documents one for the Judge (this will be submitted as an Exhibit), one for the Court clerk, one for the witness or opposing party, and one for yourself. *Note of caution: choose your documents carefully. They can make or break your case. For each document, ask yourself, is it relevant? If you plan to use visual aids at Trial (e.g. video, drawings, maps), you should let the Registry and opposing party know ahead of time. You must contact the Registry to arrange for special equipment, such as a television. ON THE DAY OF TRIAL This is a general summary. For more details, see Supreme Court Civil Rule 12-5: Evidence and Procedure at Trial. Purpose: You are presenting the strengths of your case to the Judge. A Trial is more often for deciding the issues than it is about blaming someone. You need to use other resources, like friends or counsellors, to deal with the pain. (Credit: Master Baker) While in the Courtroom: Dress as if you are going to a job interview and not to a date or party. Choose something tasteful and clean. It shows respect. Show up 20 minutes early to get to the Courtroom with your materials. Trials start at 10 a.m. so aim to be at the courthouse by 9:40 a.m. If you are late, the Trial may proceed without you, get adjourned, or be dismissed if you show a pattern of lateness. Stand when the Judge arrives and leaves the Courtroom, and never turn your back to the Judge. Stand when you speak to Judge so that the microphone can pick up what you are saying. Speak to the Judge; do not speak to the opposing lawyer/party. You address the Judge as Sir, Your Honour, or Justice. You might hear a lawyer say to the Judge My Lord or call another lawyer My Friend but as a self- represented litigant you are not expected to use those traditional terms. Do not ever talk over the Judge. If the Judge starts talking, you stop talking. (Credit: Justice Walker; How not to wear out your welcome in court, Professor Michael Sporer) 122 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

127 A typical courtroom Photo credit: Justice Education Society The Mckenzie Friend Think about bringing a friend with you. Sometimes having a friend with you can be helpful for both you and the Court if they are there to assist with the Trial, b ut not there to testify for you. This friend is called a McKenzie Friend. The term originated from an Australian case. It means that the Court can allow a friend to sit with a self- represented litigant for the main purpose of taking notes, helping to organize and produce documents, or the like. They are N OT to speak for you or b e your advocate. Sometimes a friend might have more objectivity because they are not involved in the dispute but can look at it from an outsider s point of view. A friend can help you understand what the Court i s saying or r ecommending. There i s no formal Court application to have your friend there. Your friend first sits with audience. You have to ask the Court if your friend can sit with you as a McKenzie Friend and take notes, find papers, etc. The Judge or Master might not know the phrase, but as long as your friend i s not intruding, the Court will likely permit it. (Credit: Master Baker) 123 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

128 Opening Statements Purpose: to provide a road map to how the Trial is going to play out. Summarize the issues and indicate what kind of proof you will be showing. For example, you might say: You will hear from five witnesses who saw the accident, the treating doctor, etc. and then set out the order of your witnesses. Your opening statement should not include detailed evidence. If you are the Plaintiff, you will give your opening statement first. If you are the Defendant, you do not give an opening statement after the Plaintiff, unless you applied for and received a Court Order that says you can OR you have received permission from the Plaintiff ahead of time. The Defendant provides a statement at the end of the Plaintiff s case. This protocol is followed strictly and rarely changes.. Prepare an outline if you are nervous. It is fine to give a copy of the outline to the Judge and opposing party as it helps everyone to follow what you are saying. Be sure your evidence will prove what you say are the facts of your case. Testimonies It is best to give your own testimony before any witnesses (unless you are accommodating an expert s schedule). This is so that it does not appear you are tailoring your evidence after hearing from the witnesses. Do not read straight from your notes. It is fine if you need to briefly look at or refer to a document, but be sure to explain to the Judge that it is for you to refresh your memory. Anything you use to refresh your memory becomes fair game to the other party, meaning that the other party may then access the document you are using. When the Judge asks you a question, answer the question directly. If you do not know the answer, say you do not know, but that you will get the answer and let the Judge know when you will have the answer. The Judge is not being mean; he/she just needs your answer to help understand the issue(s). Witnesses When you are asking questions to the witness, this is called the Examination In Chief. When the opposing party is asking questions to your witness, this is called the Cross- Examination. You will have an opportunity to ask your witness questions again, in response to what they said during cross- examination. This is the Re- Examination. 124 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

129 Examination In Chief When it is your turn to ask questions, make sure that you do not ask leading questions. Do not ask questions that would lead to a yes or no answer unless you know that it will not be opposed by the other party or their lawyer (if any). Here are some examples: Are you a teacher? What colour was the car? The car was red, wasn t it? You weren t at the theatre, were you? Not leading OKAY Not leading OKAY Leading NOT OKAY Leading NOT OKAY A Judge needs to assess a witness is trustworthy and believable and that cannot be done if leading questions are asked. Ask yourself, why do you want to ask that question? When asking your questions, think about what the potential answer will be, i.e. If this witness says X, then ask Y. Cross-Examination This is when you get to ask questions to the opposing party s witnesses. The purpose of this is to help prove your case or make it hard to believe that witness to weaken the opposing party s case. You may want to challenge the witness previous statements. If they lied at Trial, you can put their previously sworn affidavit in front of them and challenge them on what they claimed before. If you do question a witness credibility, you must show the evidence to the witness so they may have an opportunity to explain the apparent difference in their facts. If you do not show this evidence, you cannot refer to it later after the witness testimony is done. Re-Examination After the opposing party cross- examines your witnesses, you will have an opportunity to ask questions to your own witnesses again but you cannot address the same questions you asked in your Examination In Chief. If you are trying to fix something in the witness testimony, you might just end up flagging an issue to the Judge. Consider if it would be better to just let it go and not bring it up at all. 125 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

130 The general procedure: a) Introduce the exhibit (i.e. the document) to the opposing party to let them know what you are going to talk about. b) Show the exhibit to the witness. c) Authenticate the document if the other party has not agreed beforehand that the document is genuine, then you must ask the witness if the exhibit really is what it appears to be. d) Did the witness write that document? e) Does the witness recognize that document? f) Once it is acknowledged that the document is genuine, submit the exhibit into evidence ( as Exhibit ). g) Now you can ask the witness questions about the relevant portions of the document. Let your witness tell their own story. Do: Do address a witness as Mr., Ms., Sir, or Madam. Do not use first names. Do find a way to phrase your question to challenge the witness. Do question their direct observation of what they personally know. Do take notes when the opposing party is asking the questions to remind yourself of what witnesses said or take note of the questions when it comes time to cross- examine the witnesses. Do Not: Do not cut the witness off or interrupt them; let the witness answer using their own words. Do not argue even if you do not like what the witness says. Making Objections Stand up if you object to the witness testimony. The Judge will stop the opposing party so that you can say I want to make an objection and the Judge will decide whether your objection is appropriate. You must have a reason for your objection, and not make an objection just because you do not like what you are hearing. Here are some things you can object to: Hearsay Hearsay is when a witness states something that they obtained from another source. This is not admissible evidence because the witness must only provide information that they personally knows about. For example: Harry told me that Peter faked his signature on the paper. NOT OKAY 126 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

131 Exception: it is okay to provide context to what you did if what you heard led you to do something. I called the police because Harry told me that he heard a gunshot. OKAY Irrelevant The question or answer has nothing to do with the issues at Trial. For example: The Trial is about whether a contract with Company 1 was broken but the witness starts describing how a contract with Company 2 was broken instead. Speculation The question being asked will lead the witness to guess or say things they could not possibly know about. For example: A witness is asked, What did Michael say next to Joanne? when that witness was not there during the conversation. Expert Evidence (i.e. Doctors, engineers, and other certified professionals) If you intend to use experts at Trial, there are two ways to use them: 1. Expert reports (Supreme Court Civil Rule 11-6); and 2. Expert opinion evidence at Trial (Supreme Court Civil Rule 11-7). Expert Reports The expert must be qualified in their field of expertise. An expert cannot be your relative or friend who has experienced a similar situation. An expert is someone who has the education and employment credentials and can justify their testimony. The expert provides information that is usually outside the experience and knowledge of the Judge and/or parties. Each expert report must set out the following, as set out in the Supreme Court Civil Rule 11-6(1): (a) the expert's name, address and area of expertise; (b) the expert's qualifications and employment and educational experience in their area of expertise; (c) the instructions provided to the expert in relation to the proceeding; (d) the type of opinion that was asked from the expert and what that opinion relates to in the proceeding; (e) the expert's opinion respecting those issues; (f) the expert's reasons for his or her opinion, including (i) the facts the expert was given to base their opinion on; (ii) a description of any research done by the expert that led them to form their opinion, and (iii) a list of every document, if any, relied on by the expert in forming their opinion. 127 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

132 An expert report needs to be served at least 84 days before the first day of Trial. If you are served with an expert report by the opposing party, you have 42 days to serve your own expert report in response to their expert report. Expert Opinion Evidence at Trial You should give as much notice as possible to your expert, or the opposing side for their expert, that you require their attendance at Trial. Often medical specialists will need to know months in advance because of their busy schedules. Only call on an expert to testify if necessary. Their attendance should be to clarify the contents in their report or make it more understandable. If the expert report is clear and uncontested, there is no need to spend the time and expense of having the expert attend at the Trial. During Adjournment (also known as the morning/afternoon breaks) During a break (usually around 11 a.m. and 3 p.m.), a witness cannot speak to anyone about the case. That includes you. Closing Statements Outline the evidence that supports your case and explain why the Judge should grant judgment in your favour. At this time, you can point out the errors in the opposing party s case. The Plaintiff speaks first and then it is the Defendant s turn. After the Defendant speaks, the Plaintiff can reply to any new issues the Defendant raised during their closing statement. Less is more: keep emotions and accusations out of it, because those are not relevant to your case. Watch the Judge carefully to see if they are following your argument. Listen carefully to what the other party or the other lawyer says and see if you can respond to or challenge their claims. (Credit: Justice Walker; How to Help the Judge / Master Give You What You Are Seeking, Martha Metzner) The Decision The Judge s decision is called their Reasons for Judgment. These reasons may be released on the same day or the Judge may reserve judgment, which means the Judge will consider your case and make a decision at a later date. Sometimes a decision is released within weeks or several months later. The written decision will be sent to you by the Registry. 128 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

133 PRE-TRIAL: Forms (Supreme Court Civil Rules, BC Reg 168/2000, Rules 12-3, 12-4, and 12-5) 1. Form 42 - Trial Certificate 2. Trial Record and Index 3. Form 25 - Subpoena to a witness 129 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

134 Sample Form 42: Trial Certificate (Supreme Court Civil Rule 12-4 (1)) No. S Vancouver Registry In the Supreme Court of British Columbia Between: And: Jane Doe John Smith TRIAL CERTIFICATE Plaintiff Defendant Filed by: The Plaintiff, Jane Doe I, Jane Doe, the Plaintiff, CERTIFY THAT: 1. I will be ready to proceed on the scheduled Trial date, 21/Sep/2015, at Vancouver. 2. My current estimate is that the trial will last 5 days. 3. I have completed all Examinations for Discovery. 4. A Trial Management Conference has been conducted in this action. 5. If the action is settled before Trial, I will give the Registrar prompt notice of the settlement. 6. I will give the Registrar prompt notice of any proposed adjournment of the Trial. Date: 31/Aug/2015 Signature of Jane Doe filing party 130 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

135 Sample Trial Record & Index No. S Vancouver Registry In the Supreme Court of British Columbia Between: And: Jane Doe John Smith Plaintiff Defendant TRIAL RECORD Jane Doe 1234 Candylane Crescent Vancouver, British Columbia. JANE DOE Appearing in Person Telephone: Clarke & Co Blane Street Victoria, British Columbia BOB CLARKE Lawyer for the Defendant Telephone: Fax: Dates of Trial: Sep 21-25, 2015 Place of Trial: Vancouver, British Columbia Trial Record prepared by: the Plaintiff 131 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

136 No. S Vancouver Registry In the Supreme Court of British Columbia Between: And: Jane Doe John Smith I N D E X Plaintiff Defendant Tab Document Pages 1. Notice of Civil Claim 2. Response to Civil Claim 3. Demand for Particulars (if any) 4. Reply to Demand for Particulars (if any) 5. Case Plan Order 6. Order 132 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

137 Sample Form 25: Subpoena To A Witness *Be sure to serve the subpoena with witness fees (Supreme Court Civil Rules 12-5 (32) and (36)) Between and In the Supreme Court of British Columbia Jane Doe John Smith SUBPOENA TO WITNESS No. S Vancouver Registry Plaintiff Defendant To: Bob Law 4567 Crescent Road Victoria, BC V6T 18H TAKE NOTICE that you are required to attend to testify as a witness at the place, date and time set out below. You are also required to bring with you all documents in your possession or control relating to the matters in question in this proceeding: Please note the provisions of the Supreme Court Civil Rules reproduced below. Place: The Law Courts, 800 Smithe Street, Vancouver, B.C. V6Z 2E1 Date: 21/Sep/2015 Time: 10 a.m. Date: 15/Aug/2015 Signature of Jane Doe party serving subpoena Rules 22-7 (5) and 22-8 (4) of the Supreme Court Civil Rules state in part: 22-7 (5) if a person, contrary to these Supreme Court Civil Rules and without lawful excuse, (a) refuses or neglects to obey a subpoena or to attend at the time and place appointed for his or her examination for discovery, then (f) if the person is the plaintiff or petitioner, a present officer of a corporate plaintiff or petitioner or a partner in or manager of a partnership plaintiff or petitioner, the Court may dismiss the proceeding, and 133 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

138 (g) if the person is a defendant, respondent or third party, a present officer of a corporate defendant, respondent or third party or a partner in or manager of a partnership defendant, respondent or third party, the Court may Order the proceeding to continue as if no Response to Civil Claim has been filed (4) A person who is guilty of an act or omission described in Supreme Court Civil Rule 12-5 (25) or 22-7 (5), in addition to being subject to any consequences prescribed by those rules, is guilty of contempt of Court and subject to the Court s power to punish contempt of Court. 134 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

139 7. WHAT TO DO AFTER SETTLEMENT or TRIAL JUDGMENT How did the matter conclude? You do not really want to go through with the expense of a Trial. You are ready to compromise and willing to negotiate. In some cases, you are able to reach a settlement before going to Court. OR You simply could not reach a settlement with the opposing party and ended up proceeding to Trial for determination by a Judge or Judge and Jury. Simply put, the conclusion of the case can be summarized as follows: The Plaintiff and Defendant agree to settle the case; OR The Plaintiff and Defendant attend the Trial and one of them receives judgment and an award of costs; The Plaintiff or Defendant (whomever wins the case) prepares and files the Court Order and the Bill of Costs; The Plaintiff or Defendant enforces the judgment. Settlement: A Settlement can happen at any time before or after an action has been started. A settlement is an agreement between the parties to the lawsuit. If you have come to an agreement with the opposing party, there are some documents that you need to complete to make sure that everyone agrees to the same terms and you are protecting your interest in the settlement. If a settlement is reached before a Court case is started, the documents could include: (a) (b) (c) a letter to the other party setting out the terms of the settlement (See attached sample Settlement Letter); an acknowledgement that the other party accepts the terms of the settlement (See attached sample Settlement Letter); any other documents required to complete the settlement and which might include: i. a Release of All Claims; ii. property transfers; or ii. payment. 135 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

140 If a settlement is reached after a Court case has been started, a document called a Consent Order (Form 34) with attached Requisition (Form 31) is usually prepared and filed with the Court (Supreme Court Civil Rules 13-1(3) and 17-1(2)). All parties to the action have to sign the Consent Order to show their agreement. This document tells the Court that the case has been settled and that the parties have agreed to have the Court dismiss the claim. A Consent Order has the same effect as if a Judge heard the case and made that Order. Once all the documents are signed and exchanged, the Consent Order can be filed with the Registry, funds may be exchanged, or other procedures can be taken as agreed until the settlement is complete. After Trial Decision: If the matter has gone to Trial, there are some possibilities as to how the Judge will handle their decision. The Judge will either provide judgment at the Trial or the Judge has the option to reserve judgment to a later date. That means, the Judge will take some time to decide the case and you will be advised at a later date of the judgment. If that is the case, you will be contacted by the Registry when the Judge has made a written decision. After a judgment has been made, there are some further steps you must take to conclude your case. Order: The party who is successful at Trial is responsible for drafting the Order. This sets out what the Judge ordered to happen. After the Order is drafted, it must be sent to all parties of the action for their signature. By signing the Order, the parties are agreeing that it sets out accurately what the Judge ordered (Supreme Court Civil Rule 13-1(1)). You are not necessarily agreeing with what was ordered, but agreeing that it is accurate as to what the Judge said. After the Order has been signed by all parties, it must then be filed with the Court to be entered. The Order will be reviewed against the clerk s notes from Court and if there are any mistakes or corrections to be made, the Order will be rejected by the Registry and the drafting party will have to make the changes and have the Order signed again by all parties. An Order is entered when it has been signed by the parties and processed and stamped by the Registry. The Order must be in the form set out in Supreme Court Civil Rules 13-1(3) (Form 48). Once an Order is entered, a copy will be given to the party who submitted it for entry. That party is responsible for providing a copy of the entered Order to the other parties. If you are not successful at Trial, you are not required to prepare the Order, but when you receive the draft Order from the other party, you must read it over carefully to confirm that you agree that it correctly states what was ordered by the Judge. If you agree that the Order was correctly written, you sign and return it to the other party. If there are any parts of the Order that you do not agree are drafted correctly or accurately, you must prepare an amended draft Order with the changes and provide it to the other party for their review. 136 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

141 If the parties cannot come to an agreement as to what the Order should say, they can have the Order reviewed by a Registrar (Supreme Court Civil Rule 13-1(11)), who may refer the draft Order to the Judge who made the Order. In order to have the Order settled, you must contact the Registry to obtain a date with a Registrar. You then have to file an Appointment (Form 49) to settle the wording of the Order. Once that Appointment has been filed, you must serve it on the other party (Supreme Court Civil Rule 13-1(12)). Costs & Disbursements What are Costs & Disbursements? The judgment may include an Order for Costs (Supreme Court Civil Rule 14-1). The successful party is usually awarded Costs to help partially compensate the successful party for the time spent and/or their legal fees in starting or defending the action. In addition to these Costs, the out- of- pocket expenses or disbursements are also claimed. When do you claim Costs? You must make a claim for Costs in your Notice of Civil Claim, or in your Notice of Application when you make an Application to the Court. If you are defending an action or application, you must make a claim for Costs in your Response to Civil Claim or in your Application Response. Although you have already made a request for Costs in your pleadings or application, you should ask for Costs as soon as the Judge or Master hearing the application or the trial rules in your favour. How are Costs and disbursements assessed? The successful party must prepare a document called a Bill of Costs to set out the proposed Costs and disbursements that they are claiming (Form 62) (Supreme Court Civil Rule 14-1(20)). The Bill of Costs is set out in two sections: The first section is the Costs section which sets out a list of the work done by the party throughout the action. There are various categories and a list of items (called tariffs ) that may be claimed that are awarded by units claimed. The party claiming Costs must go through and identify the tasks that were completed and claim the amount they believe they are entitled to. There are certain items that will not be applicable to the party claiming, and those are left blank on the form. When the Judge or Master made the Order for Costs, they may have fixed the scale with the choice of scale A, B or C simple cases being A at $60 per unit, regular cases being B at $110 per unit and very complex files at C being $170 per unit (Supreme Court Civil Rule, Appendix B, Section 3). The typical file is set at Scale B ($110). Occasionally, if there has been extremely shameful behaviour in the course of the action, such as fraud, the Court 137 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

142 may order that special costs be paid to the successful party. Special costs are higher and are close to actual legal fees. You can apply for special costs even if you are not represented by a lawyer. Costs may be assessed: when the Court orders Costs to be assessed; if a Settlement Agreement provides for the payment of Costs to be assessed; when a party has obtained Default Judgment; by the party whose formal offer to settle has been accepted; by the Defendant when the Plaintiff discontinues the action; or by the Plaintiff when the Defendant withdraws their defence. (Supreme Court Civil Rules 9-8(4), 9-8(6), 14-1(1), 14-1(2) and 14-1(3)) Disbursements: The second section of the Bill of Costs is the disbursements section. In addition to the items under the tariff, you may claim for your disbursements (out- of- pocket expenses) (Supreme Court Civil Rule 14-1(5)). Generally, this includes things like Court filing fees, photocopying, faxes, long distance telephone calls, amounts paid to experts for expert s reports or testimony in Court, witness fees, and postage. The itemized list of your disbursements with a total is part of your Bill of Costs. Send the Bill of Costs to the other party Once you have a total of the disbursements and the amount claimed for the tariff items, you should send your Bill of Costs to the opposing party who has been ordered to pay your Costs. Ask the other party to state whether they agree with the amounts you have claimed or, if not, which items or disbursements they disagree with. The other party may agree to pay the Costs that you have claimed or an amount that you agree is acceptable. They might also ask to see your receipts for the disbursements you have claimed. If the other party does not agree to pay the Costs, you will need to make an Appointment to have your Costs assessed by the Registrar. Assessment of costs & disbursements by the Registrar It is the responsibility of the party who was awarded costs to prove their Bill of Costs. This means they must provide proof of work done and disbursements incurred. If proof is not given, the items may be disallowed. This is often done by producing copies of the pleadings, any interim Orders made, etc. at the hearing. An Affidavit may be prepared setting out the disbursements and attaching the receipts, invoices, etc. as exhibits. 138 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

143 If the party required to pay Costs disagrees with any disbursements or items you have claimed, you may have your Costs assessed (reviewed and calculated) by a Registrar of the Supreme Court (Supreme Court Civil Rule 14-1(21)). This means that you and the other party will go to a hearing and go through the Bill of Costs with the Registrar. At the end of the assessment the Registrar may sign a Certificate of Costs (Form 64 - see attached sample) that you can file in the Registry and enforce as if it were a judgment. You can make an Appointment with the Registrar and ask the Supreme Court scheduler for a date for an Assessment of Costs. As a courtesy to the opposing party, you should set the hearing date at a time when the opposing party is available. If you do not, the opposing party may apply for an adjournment to a time that is more convenient. When you call the Registry to set the date for the Assessment of Costs, you will need to know the names of parties to your action, the Supreme Court file number, and have an estimate of the time needed. After the Registry has given you a date for the Assessment of Costs, file the original Appointment (Form 49) (with your Bill of Costs attached) to confirm the date with the Court, plus one copy for yourself and one copy for the party who has been ordered to pay your costs (Supreme Court Civil Rule 14-1(25)). A filed copy of the Appointment and any Affidavits relating to the items must be served on the other party at least five days before the date scheduled for the Assessment. Preparing for the Assessment hearing You should prepare an Affidavit setting out the basis for your claim. If there are items that you have claimed that the other party disagrees with, your Affidavit will explain the reason why you have claimed them. For example, if the other party is refusing to pay for an invoice for a medical report that you had to pay for a doctor, you should explain in your Affidavit the reason you needed to obtain the medical report and why it was important for your case. You will then attach the invoice as an exhibit to your Affidavit. For disbursements that are in dispute, attach a copy of the invoice or bill, and a receipt showing that you have paid for them. Take these documents to the assessment hearing: the entered Order awarding you your costs; a copy of the Appointment and your Bill of Costs; a copy of your Affidavit; a Certificate of Costs with the name of the case filled in for the Registrar to sign at the completion of the hearing; receipts in support of all your disbursements; and copies of any documents for which you are making a claim on your Bill of Costs, such as the Notice of Civil Claim, Response to Civil Claim, List of Documents, medical expenses, and Examination for Discovery transcripts. 139 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

144 How to respond to an assessment of costs & disbursements You can object to the other party s claim for costs if: the Court has not ordered them; the case has not concluded yet, and the costs were not ordered payable ``forthwith ; or you disagree with any of the claimed items or disbursements. If you are objecting to the other party s claim for costs or disbursements, you must be prepared to tell the Registrar why you disagree to certain items and disbursements on the bill. At the assessment hearing You should stand when the Registrar enters or leaves the hearing room. When you speak to the Registrar, they are addressed as Mister Registrar or Madam Registrar. The party claiming costs must prove that they are entitled to the costs and that the costs are reasonable. If you are claiming units for something on your Bill of Costs, be prepared to explain to the Registrar your reason for claiming that amount of units. The Assessment is conducted like any other Court hearing. The person presenting the Bill of Costs goes first, the opposing party then makes their objections, and then the party awarded costs has the right to reply. Sometimes the Registrar will rule on the tariff items before turning to the disbursements, but usually, the Registrar will deal with all matters and provide their decision at the conclusion of the hearing. The Registrar will make a decision about the amount of costs and disbursements to which you are entitled. You should provide the Registrar with the Certificate of Costs for their signature at the conclusion of the hearing (Supreme Court Civil Rule 14-1(27)). File the signed Certificate of Costs in the Registry. A filing fee is required. 140 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

145 The Mckenzie Friend Think about bringing a friend with you. Sometimes having a friend with you can be helpful for both you and the Court if they are there to assist with the Trial, but not there to testify for you. This friend is called a McKenzie Friend. The term originated from an Australian case. It means that the Court can allow a friend to sit with a self- represented litigant for the main purpose of taking notes, helping to organize and produce documents, or the like. They are NOT to speak for you or be your advocate. Sometimes a friend might have more objectivity because they are not involved in the dispute but can look at it from an outsider s point of view. A friend can help you understand what the Court is saying or recommending. There is no formal Court application to have your friend there. Your friend first sits in the body of the audience. You have to ask the Registrar if your friend can sit with you as a McKenzie Friend and take notes, find papers, etc. The Judge or Master might not know the phrase, but as long as your friend is not intruding, the Court will likely permit it. Approved by Registrar Cameron; Credit: Master Baker Complying with the terms of the Order The parties must do what the Judge has decided. Once the Order has been submitted to the Registry and the costs have been determined, a stamped copy of the Order should be delivered to the party that has been ordered to pay or comply with the terms of the Order. There are different ways to enforce an Order. How to enforce an Order depends on what the Judge ordered, and whether the other party is able or willing to fulfill those terms. You may need to return to Court to get some direction from a Judge on how to enforce your Order and collect the money that is owing to you. If the Judge ordered the other party to pay you money, including Court costs, you are the judgment creditor and the other party is the judgment debtor. At this point, you should seriously consider the likelihood of getting your judgment paid. Just because you have a judgment in your favour, it does not mean that the judgment debtor will deliver a cheque to you now, or ever. The judgment debtor may be unable or unwilling to pay you. If the judgment debtor is unemployed and does not own any assets, there is not much chance that you will recover what is owed to you. If the debtor does not pay you immediately, you will have to take steps to enforce your Court Order (Supreme Court Civil Rule 13-2). You have 10 years before the Order expires, but it is a good idea to try to collect the debt as soon as possible (Limitation Act, S.B.C. 2012, c. 13). There are steps to take set out by the Court Order Enforcement Act, R.S.B.C. 1996, c. 78 in order to assist in collecting a debt. 141 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

146 After Settlement or Trial Judgment: Forms (Supreme Court Civil Rules 13-1, 14-1 and 18-1) 1. Sample Settlement Letter 2. Form 34 Consent Order 3. Form 31 Requisition for Consent Order 4. Form 48 Order After Trial 5. Form 62 Bill of Costs 6. Form 49 Appointment 7. Form 64 Certificate of Costs 142 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

147 Sample Settlement Letter From: John Smith Date: To: Jane Doe Re: This letter is to confirm that we have reached an agreement with respect to British Columbia, Supreme Court Action No. on the following terms: 1. agrees to pay to 2. Or list out whatever the agreement might be return of property, dates payment should be made, actions to be done, etc.. Yours truly, John Doe Acknowledgement of Terms of Settlement: Date John Smith Date Jane Doe 143 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

148 Sample Form 34: Consent Order (Supreme Court Civil Rules 8-3 (1), 13-1 (3) and 17-1 (2)) No. S Vancouver Registry Between: and: In the Supreme Court of British Columbia Jane Doe John Smith CONSENT ORDER Plaintiff Defendant BEFORE ) ) ) ) ) THE HONOURABLE JUSTICE or A JUDGE OF THE COURT or MASTER Or A MASTER OF THE COURT ) ) ) ) ) [dd/mmm/yyyy] ON THE APPLICATION of...[party(ies)]..., without a hearing and by consent; THIS COURT ORDERS that the within proceedings be dismissed as if evidence had been heard and a decision rendered on the merits, without costs to any party. THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS NOTED ABOVE: [A signature line in the following form must be completed and signed by or for each consenting party.]... JANE DOE Plaintiff... Signature of Bob Clarke Lawyer for the Defendant 144 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

149 By the Court.... Registrar NOTE: (Please make sure that all signatures are contained on a page with part of the body of the Order signatures should not be alone on a page). 145 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

150 Sample Form 31: Requisition For Consent Order Or For Order Without Notice (Supreme Court Civil Rules 7-8 (17), 8-3 (1), 8-4 (1), 17-1 (2) and 25-9 (2)) This Requisition must always accompany a Consent Order. In the Supreme Court of British Columbia No. S Vancouver Registry Between: and: JANE DOE JOHN SMITH Plaintiff Defendant REQUISITION FOR CONSENT ORDER OR FOR ORDER WITHOUT NOTICE Filed by:...[party(ies)]... Required: [ ] An order by consent [OR] [ ] An order without notice 1 The rule or other enactment relied on is...[set out rule or enactment relied on] Attached to this requisition is a draft of the order required. [Check whichever one of the following boxes is correct and complete any required information.] 3 [ ] Each party affected has consented to the order. [ ] The evidence in support of the application is.... [Check whichever one of the following boxes is correct and complete any required information.] 4 [ ] No party is under a legal disability. [ ]...[name of party]... is under a legal disability, namely...[set out legal disability].... [Complete the following if the filing of this requisition starts a proceeding] 146 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

151 This requisition is filed by...[name]..., the...[plaintiff/defendant]... in this proceeding, whose address for service is as follows: [Set out the street address of the address for service. One or both of a fax number and an address may be given as additional addresses for service.] Fax number address for service (if any): E- mail address for service (if any): Date:...[dd/mmm/yyyy] Signature of Jane Doe Plaintiff 147 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

152 Sample Form 48: Order After Trial (Supreme Court Civil Rule 13-1 (3)) No. S Vancouver Registry Between: and: In the Supreme Court of British Columbia JANE DOE JOHN SMITH ORDER AFTER TRIAL Plaintiff Defendant BEFORE ) ) ) ) ) THE HONOURABLE JUSTICE or A JUDGE OF THE COURT or MASTER Or A MASTER OF THE COURT ) ) ) ) ) [dd/mmm/yyyy] THIS ACTION coming on for trial at..., on...[dd/mmm/yyyy]..., and on hearing Jane Doe, appearing on her own behalf and Bob Clarke, appearing on behalf of the Defendant [add the following if applicable: AND JUDGMENT being reserved to this date]: THIS COURT ORDERS that: [If any of the following orders are by consent, indicate that fact by adding the words "By consent," to the beginning of the description of the order.] THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT: [A signature line in the following form must be completed and signed by or for each approving party.] 148 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

153 ... JANE DOE Plaintiff... JOHN SMITH Defendant By the Court.... Registrar 149 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

154 Sample Form 62: Bill Of Costs (Supreme Court Civil Rule 14-1 (20)) NOTE: Explanation bubbles No. S Vancouver Registry Between: and: Choose only the items that explain what you did in your case. Do not enter any units for something that did not occur in your case. In the Supreme Court of British Columbia This is the Bill of Costs of Jane Doe John Smith BILL OF COSTS Tariff Scale: B Unit Value: $ Plaintiff Defendant ITEM DESCRIPTION NUMBER OF UNITS CLAIMED ALLOWED Instructions and Investigations 1 Correspondence, conferences, instructions, investigations or negotiations by a party until the commencement of the proceeding, for which provision is not made elsewhere in this tariff Correspondence, conferences, instructions, investigations or negotiations by a party after the commencement of the proceeding to the completion of the trial or hearing, for which provision is not made elsewhere in this tariff. 3 Correspondence, conferences, instructions, investigations or negotiations by a party after the trial or hearing to enforce any final order obtained in that trial or hearing, for which provision is not made elsewhere in this tariff. 4 Instructions to an agent to appear at a trial, hearing, application, examination, reference, inquiry, assessment, or other analogous proceeding, where necessary or Decide on the number of units to be claimed: lower = less complex cases and higher = very complex cases. Keep in mind what will be accepted as reasonable. 150 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

155 proper, and where held more than 40 km from the place where the instructing solicitor carries on business 5 Process for obtaining a consent case plan order 1 10 Court Documents 6 Commencing and prosecuting a proceeding All process, for which provision is not made elsewhere 1 10 in this tariff, for defending a proceeding, and for commencing and prosecuting a counter- claim 8 All process for which provision is not made elsewhere in this tariff for commencing and prosecuting or defending a third party proceeding Defence to counterclaim and, where necessary, reply 1 10 Discovery 10 Obtaining discovery and inspection of documents: a) 1 to 999 documents b) 1000 to 5000 documents c) over 5000 documents 11 Giving discovery and inspection of documents: a) 1 to 999 documents b) 1000 to 5000 documents c) over 5000 documents a) 1 10 b) c) a) 1 10 b) c) Process for delivering interrogatories Process for answering interrogatories Process for serving notices to admit Process for making admission of facts Process for preparation of accounts, statement of property or financial information where required by enactment or by order of court. Expert Evidence and Witnesses 17 All process and correspondence associated with retaining and consulting all experts for the purposes of obtaining opinions for use in the proceeding. 18 All process and correspondence associated with contacting, interviewing and issuing subpoenas to all witnesses. Examinations 19 Preparation for examination of a person coming under Item 20 for each day of attendance (a) by party conducting examination: (i) * (b) by party being examined: (i) * 20 Attendance on examination of a person for discovery, on affidavit, upon a subpoena to debtor, or in aid of execution, or of a person before trial under Rule 7-5 or Note that these units are for each day of attendance. If it is only ½ day, you should only claim ½ the number of units 151 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

156 7-8, or any other analogous proceeding, for each day (a) by party conducting examination (i) * (b) by party being examined (i) * 8 5 Applications, Hearings and Conferences 21 Preparation for an application or other matter referred to in Item 22, for each day of hearing where hearing commenced (a) where unopposed (b) where opposed 22 Application, other than an application referred to in Item 23 or 27, for each day 2 3 (a) where unopposed (b) where opposed Application by requisition or by written submission Preparation for a hearing referred to in Item 25, for each 3 day of hearing 25 Reference to, or inquiry, assessment, accounting or 6 hearing before, or on appeal from, a master, registrar or special referee, with or without witnesses and whether before or after judgment, for each day 26 Preparation for an application or other matter referred to in Item 27, for each day of hearing (a) where unopposed (b) where opposed 27 Hearing of proceeding including originating application, special case, proceeding on a point of law, interpleader or any other analogous proceeding, and applications for judgment under Rules 7-7(6), 9-6 or 9-7, for each day. (a) where unopposed (b) where opposed 28 Preparation for a hearing referred to in Item 17 (b), 17.2 or 19 (b), which hearing was initially contested but for which no attendance was required as a result of an agreement reached as to the issues that would have been the subject of the hearing. (a) for a hearing referred to in Item 22 (b) (b) for a hearing referred to in Item 25 (c) for a hearing referred to in Item 27 (b) Again - Note that these units are for each day of attendance. If it is only ½ day, you should only claim ½ the number of units. 152 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

157 29 Preparation for attendance referred to in Item 30, for 2 each day of attendance. 30 Attendance before a registrar to settle an order or to 4 assess costs, for each day. 31 Preparation for attendance referred to in Item 32, for 1 3 each day of attendance 32 Attendance at pre- trial or settlement conference or a 1 5 mini- trial, for each day. Public Guardian and Trustee 33 All process for obtaining the comments and 1 10 recommendations of the Public Guardian and Trustee. Trial 34 Preparation for trial if proceeding set down for each day 5 of trial (* days) 35 Attendance at trial of proceeding or of an issue in a 10 proceeding, for each day (* days) 36 Written argument where requested or ordered by the 1 10 court. 37 Attendance at the court for trial or hearing where party 3 is ready to proceed and when trial or hearing not commenced 38 Attendance to speak to trial or hearing list 1 Attendance at Registry 39 Process for payment into or out of court 1 40 Process for setting down proceeding for trial 1 41 Process relating to entry of an order or certificate of 1 costs when item 30 and 44 does not apply. 42 All process, for which provision is not made elsewhere 1 in this tariff, relating to execution upon or enforcement of an order, exclusive of any application to the court Miscellaneous 43 Conduct of sale where property sold by order of court Negotiations including mediation and process for 5 settlement, discontinuance, or dismissal by consent of any proceeding if settled, discontinued, or dismissed by consent as a result of the negotiations. 45 Attendance at mediation, per day Preparation for a mediation, for each day of attendance Preparation for a mediation if the mediation is not held 3 due to a reason other than the party s refusal, failure or neglect to attend. 48 Travel by a solicitor to attend at any trial, hearing, application, examination, reference, inquiry, assessment, or other analogous proceeding where held more than 40 km from the place where the solicitor carries on business for each day upon which solicitor travels 2 In addition, reasonable travelling and subsistence 153 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

158 expenses shall be allowed as a disbursement TOTAL UNITS MULTIPLY BY UNIT VALUE SUBTOTAL: GST: PST: TOTAL DISBURSEMENTS Taxable Disbursements Photocopies* Postage* Facsimile* Long Distance Telephone Courier Court Reporters/Transcripts Travel Expense Clinical Records Medical Report of Dr. * Outside Photocopies Travel Total Taxable Disbursements GST: PST on in house disbursements*: Total Taxable Disbursements and Tax Non-Taxable Disbursements Filing Fees Total Non-Taxable Disbursements Total all units in the first column and multiply by unit value $110 if regular costs that is the unit value most typically used. If Judge orders a different value change to that. TOTAL DISBURSEMENTS including Tax TOTAL FEES AND DISBURSEMENTS including Tax TOTAL FEES AND DISBURSEMENTS ALLOWED Use this section for all of your out-of-pocket expenses. These are examples of what expenses you might have incurred. Feel free to change these entries to match your expenses. Sample Form 49: Appointment * $ $* * * $* $* * * * * * * * * * * $ $ $ $ $ $* $ (Supreme Court Civil Rules 13-1 (12), 14-1 (21), (24) and (25) and 18-1 (6)) In the Supreme Court of British Columbia No. S Vancouver Registry Between: Jane Doe Plaintiff 154 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

159 and: I appoint: Time:... Date:...[dd/mmm/yyyy]... Place:... John Smith APPOINTMENT Defendant as the time and place for the: [Check the correct box(es) and complete any required information.] [ ] assessment of the Bill of Costs of...[party(ies)]... [ ] review of the bill of...[name of lawyer or law firm]... [ ] examination of the agreement between...[lawyer]... and...[client]... [ ] settlement of the terms of the order of...[mr. Justice, Madam Justice or Master]... made...[dd/mmm/yyyy]... [ ] passing of accounts of...[executor, administrator, receiver or other]... [ ] reference under the Court Order Enforcement Act [ ] reference ordered by...[mr. Justice, Madam Justice or Master]... [ ] assessment of sheriff's fee [ ] other Attached to this Appointment...[is/are]... the [ ] bill(s) of costs [ ] lawyer's bill(s) [ ] sheriff's bill(s) [ ] agreement(s) [ ] order(s) that...[is/are]... the subject of this Appointment. Date:...[dd/mmm/yyyy] Master, Registrar or Special Referee. To:...[name]... TAKE NOTICE of the above appointment. 155 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

160 The person seeking appointment believes the matter for which this appointment was sought: [Check all of the following boxes that are correct and complete the required information.] [ ] is [ ] is not of a time consuming or contentious nature [ ] will require approximately...[time estimate]... to complete Date:...[dd/mmm/yyyy] Signature of [ ] person seeking appointment [ ] lawyer for person seeking appointment...[type or print name]... Address and telephone number of person seeking appointment or lawyer for person seeking appointment: Name:... Address: Telephone:... Sample Form 64: Certificate of Costs (Supreme Court Civil Rule 14-1 (27)) Between: and: I CERTIFY In the Supreme Court of British Columbia Jane Doe John Smith CERTIFICATE OF COSTS [ ] by consent of the parties [ ] following assessment No. S Vancouver Registry Plaintiff Defendant 156 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

161 that on...[dd/mmm/yyyy]..., the costs of...[party(ies)]... have been allowed against...[party(ies)]... in the amount of $.... Consented to: [If this certificate is filed by consent, a signature line in the following form must be completed and signed by or for each consenting party.]... JANE DOE Plaintiff... BOB CLARKE Lawyer for the Defendant Date:...[dd/mmm/yyyy] Registrar [This certificate may be set out in a separate document or may be endorsed on the Bill of Costs.] 157 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

162 Settlement Offers What is a Settlement Offer? A Settlement Offer (which is also commonly referred to as an offer to settle ) is an offer made by either the Plaintiff or Defendant to settle and end the action. The Settlement Offer will usually include terms to the agreement including an offer to waive the party s fees and disbursements spent to defend the action and/or to pay a sum of money to end the action. What is a Formal Settlement Offer? A Formal Settlement Offer is a Settlement Offer that is governed by Supreme Court Civil Rule 9-1. A Formal Settlement Offer must be made in writing, served on all parties to the action, and must include the following sentence: The [parties], [names of parties] reserve(s) the right to bring this offer to the attention of the Court for consideration in relation to costs after the Court has pronounced judgment on all other issues in this proceeding. (the 9-1 Settlement Clause ) What is the difference between a Settlement Offer and a Formal Settlement Offer? A Settlement Offer can be informal, does not need to be made in writing, and does not include the Supreme Court Civil Rule 9-1 Settlement Clause. A Formal Settlement Offer must be set out in writing, served on all parties to the action and include the Supreme Court Civil Rule 9-1 Settlement Clause. A Formal Settlement Offer may also include the phrases Without Prejudice and/or Made pursuant to Rule 9-1. A Formal Settlement Offer has some risk to the party receiving it. What does Without Prejudice mean? Without prejudice means that the information and contents in the communication (in this case, the Formal Settlement Offer) cannot be used against the party making the Formal Settlement Offer in the action. The party who makes a without prejudice offer does so on the basis that they reserve the right to assert their original position, if the without prejudice offer is rejected and the action continues. What is the purpose of a Formal Settlement Offer? The purpose of a Formal Settlement Offer is to: Discourage parties from making trivial claims; Encourage behaviour that will reduce the time and expense of a litigation; Encourage parties to settle whenever possible, so that it frees up the Court s time for other actions; and Forces parties to always think carefully about whether they can prove their case; and 158 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

163 What happens if a Formal Settlement Offer is not accepted? If you refuse a Formal Settlement Offer that you actually should have accepted at the time it was made, you run the risk of the Court awarding the other party Costs and potentially Double Costs against you. Rule 9-1(5) of the Supreme Court Civil Rules sets out that the Court may do one or more of the following: (a) Not allowing you to recover any or all of the Costs, including any or all of the disbursements, if they would otherwise ordinarily be entitled to get for all or some of the steps in the action, from the time the offer to settle was delivered; (b) award Double Costs of all or some of the steps taken in the action from the time the offer to settle was delivered; (c) award to a party, in respect of all or some of the steps taken in the action after the offer to settle was delivered, Costs to which the party would have been entitled had the offer not been made; (d) if the Defendant made an offer to settle and the amount was more than what the Plaintiff won at Trial, then the Plaintiff would have to pay the Defendant s Costs in respect of all or some of the steps taken in the action from the time the Defendant delivered the offer to settle. What are double costs? An award of double costs is a punitive measure that the Court can award against a party s failure to have accepted a Formal Settlement offer that should have been accepted. Double costs will allow the successful party (who proposed the Formal Settlement Offer) to recover their costs at twice the original rate. Supreme Court Civil Rule 9-1(5) sets out the Costs options available to the Court. Supreme Court Civil Rule 9-1(6) sets out considerations of the Court when making an Order under sub- rule (5). These factors include: (a) whether the offer to settle was one that should have reasonably been accepted on the date served or on any later date, (b) the relationship between the terms offered and the final judgment of the Court, (c) the relative financial circumstances of the parties, and (d) any other factor the Court considers appropriate. What are the risks for refusing a Formal Settlement Offer? You must consider the Formal Settlement Offer carefully with a clear view to what you think the Judge could reasonably award. If your judgment does not beat the offer that was made to you, you 159 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

164 could be required to pay the offering party all of their Costs and disbursements from the date of the Formal Settlement Offer to the date of the Judgment. Expenses for a Trial are costly and this could lessen some, if not all of any amount that may be awarded. As explained above, the Court also has the ability to award double costs against you. When does a Settlement Offer or a Formal Settlement Offer occur? A Settlement Offer and/or a Formal Settlement Offer may be offered at any time during the action and before the Trial. How long does a Settlement Offer or a Formal Settlement Offer last? A Settlement Offer and/or a Formal Settlement Offer may or may not have an expiry date. You must review the wording carefully and note any dates that are set out. Other information about Settlement Offers Supreme Court Civil Rules Rules 9-1(5) and (6) outline the options at a Court s disposal with respect to awarding costs, and what factors they consider in doing so. 160 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

165 Respectfully submitted this 25 th day of September, 2014 Dom C. Bautista Executive Director Law Courts Center Pat Terlecki Co-Chair PLUG 5 Twining, Short & Haakonson Sharon Mah Writer in Charge PLUG 5 Bull Housser & Tupper LLP Stacie Gin Secretary PLUG 5 Heritage Law Mayette Ostonal Cultural Perspective and Subsection Senior MacKenzie Fujisawa Carrie Sylvestre Subsection Senior Khanna Law Office Tanya Vasto Whitelaw Twining Claudia Au Subsection Junior Alexander Holburn LLP Yvonne Choi Subsection Junior Harris LLP Roxana Cvaci Subsection Junior ICBC 161 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

166 Wendy Matthews Rosalyn Lau Subsection Junior Dolden Wallace Follick LLP Irfan Reayat Pierre Olivier Jennifer Muller 162 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

167 APPENDIX A: GLOSSARY Action/Case/File When referring to an action, case, or file, one is referring to the litigation proceeding. Once a Notice of Civil Claim is filed in Court, the Registry gives the file a specific number that is used to enter the claim into the Registry s database for recordkeeping. Admissible Adjourn Affidavit Allegation Alternative Dispute Resolution Application Appointment Arbitration Certificate of non-appearance A term used to describe the information that is relevant to a determine the issues of a case so that such information can be properly considered by a judge or jury in making a decision. To postpone or put off a scheduled date to a later time. A written statement setting out facts and evidence. The statement is sworn or solemnly affirmed by the person making the statement before another person, who is authorized to administer oaths (i.e., a lawyer or Notary Public). A claim that a person has done something wrong. When the parties use other means of resolving the matter without going to Court. Some forms of Alternate Dispute Resolution include Mediation, Arbitration or negotiation. A request for an Order. A document to set a hearing before a Registrar. A hearing where an impartial third party is hired by the parties to listen to their arguments and makes a decision that is final and binding on the parties and is enforceable by the Courts. A document prepared by a court reporter at an Examination for Discovery where the party that was supposed to attend to respond to questions (also known as giving evidence), did not attend at the time and place that was arranged. This document may be filed with the court by a party who arranged the Examination for Discovery. 163 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

168 Application Clerk s Notes Conduct Money Confer Costs in the Cause Costs in any event of the cause Costs thrown away Cross-examine Damages Default Judgment Applications requesting the Court s assistance usually dealing with procedural issues that come up as a court case progresses. A record of orders granted at a court hearing or Application. The information set out in the notes would show when the hearing happened, who attended, who heard the application, and the result of the hearing. Money paid to a person for their attendance and travel expenses related to their their attendance at a hearing, Examination for Discovery, or Trial. Conduct money paid includes the costs for each day the party is required to attend the hearing or Trial. To have a discussion or exchange ideas. The party that wins at Trial may get his/her costs against the person that lost the trial. This is awarded by on a caseby-case basis. An award of costs made by a judge to compensate a party for attending a hearing, no matter what the outcome is later at Trial. Costs a party incurred unnecessarily as a result of a procedural error committed or are improperly incurred or wasted as a result of a subsequent act of the other party. The act of questioning a witness who has testified in an Action on behalf of the opposing party. The questions on cross-examination are limited to the subjects covered in the direct examination of the witness. This is an opportunity for the person asking the questions to evaluate the opposing party s testimony and evaluate is the person is telling the truth. The sum of money awarded in an Action to compensate a Plaintiff for their claim of loss or injury. Judgment awarded to a party based on the other party's failure to act in some way. (e.g. a Plaintiff can ask for default judgment if the Defendant does not file a response to the claim on time, or at all). 164 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

169 Defendant Deponent Direct Evidence Disbursements Disclose/Disclosure A person against whom the action/claim is filed. A person that gives evidence, under oath or affirmation, at an Examination or Discovery, or under oath by swearing an Affidavit. Evidence in the form of testimony from a witness who actually saw, heard, or touched the subject of questioning. Any out-of-pocket expenses of a party that were required to be paid out with respect to the court action i.e. expert report or travel expenses. A fact, or a document that is made known or provided to the other party of the case. Double Costs / Double the Money A method of punishing an opposing party for not accepting an offer that should have been accepted to avoid further litigation. This is a remedy available to a successful party in a particular situation where the opposing party rejected an offer to settle and further litigation could have been avoided had the offer been accepted. Enactment Examination for Discovery Examination in Chief Exemption Exhibit Cite the Act or Rule of Court that you are relying on. An Examination for Discovery is a process for obtaining evidence before an Action goes to Trial. This is an informal proceeding where a court reporter attends and records the discussion, as well as the person or party that is asking the questions to obtain information about the issues of the Action and the person being discovered (responding to the questions). The questioning of a witness during a trial that is conducted by the side for which that person is acting as a witness. A freedom from an obligation; or requirement to do something in a proceeding or Action. For example, a person may have an exemption from jury service. Typically in an Action, an exhibit is physical object or document that is evidence brought before a judge or a jury. For example, a document can be marked is an Exhibit at 165 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

170 an Examination for Discovery and copies are delivered to all parties in the Action. Evidence Final Order Facts and/or information that can prove or disprove whether a claim is true. An Order finally resolving a claim in a case even though the Order can be changed by the Court in certain, limited circumstances. It is meant to apply to both parties for the foreseeable future. A Court can make a Final Order at the end of a trial (including a summary trial), whenever both spouses agree to an Order (called a Consent Order ). Forthwith Garnishing General Damages To be done immediately, promptly, without delay; within a reasonable time under the circumstances of the case. A type of enforcement order involving the payment of money. When all the efforts to convince the debtor to make a payment fail, the Court takes the extreme step of garnishing a debtor s wage and/or bank account. The money from the bank account/salary/wage of the debtor is deposited into the court and from the Court it is paid to the Creditor/Claimant until the full amount of the debt is paid. The Creditor/Claimant has to follow the procedure laid out in the Court Order Enforcement Act, RSBC 1996, c 78 in order to get the garnishing order. These are the "pain and suffering" awards, and do not have a specific monetary value that can be assigned to it. The amount of these awards are generally determined using past cases with similar facts to decide what range of money would be appropriate to award. (e.g. a Plaintiff who suffered from neck strain after their car is rear-ended at a stop light may receive between $5,000 and $15,000 in general damages, depending on the how seriously their injuries affected their life.) 166 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

171 Injunction Interim (Application) Interim (Order) Judge An interim Court Order to protect certain rights and/or stop someone from doing something, usually on short notice, until a final Order in a matter can be made. An interim application is also called an "interlocutory application." This kind of application is made after the start of a Court proceeding but before the end, usually for a temporary fix before the final conclusion of the Court file at a trial or by a settlement. A temporary Court Order for a limited period of time (while the parties are waiting for the trial), usually only in effect until the Court has had an opportunity of hearing the full case and making a Final Order. A party can apply to change an interim Order. A person appointed by the federal or provincial governments to manage and decide Court proceedings in an unbiased or impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a Judge are binding on the parties. The decisions can be appealed by the parties if they believe an error was made. Judges decide interim applications, trials and applications to change Final Orders. A list of the types of applications and/or hearings that must be conducted before a Judge are set out in the Appendix Jurisdiction Guide: Judge and Master. Judicial District In British Columbia, this is the area in which your Court case will be started and carried through to trial if required. The British Columbia Supreme Court sits in eight judicial districts called counties". The judicial districts are: Cariboo; Kootenay; Nanaimo; Prince Rupert; Vancouver; Victoria; Westminster; and Yale. The Counties of Vancouver and Westminster are collectively one judicial district under the name of the "Vancouver Westminster Judicial District". Within each county, or judicial district, justices are resident in the following locations: Chilliwack; Cranbrook; Kamloops; Kelowna; Nanaimo; Nelson; New Westminster; Prince George; Prince Rupert; Victoria; and 167 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

172 Vancouver. The British Columbia Supreme Court also holds sittings in the following court locations for which there is not a resident justice: Campbell River; Courtenay; Dawson Creek; Duncan; Fort Nelson; Fort St. John; Golden; Penticton; Port Alberni; Powell River; Quesnel; Revelstoke, Rossland; Salmon Arm; Smithers; Terrace; Vernon; and Williams Lake. Judgment Judgment Creditor Judgment Debtor Jurat Jurisdiction A Court s final determination of the rights and obligations of the parties in a case. The party to whom the judgement is owed. The party who owes a judgement. A person that has taken an oath or performs a duty on oath, for example a juror. This is a certificate of an officer such as a Commissioner for Taking Affidavits, that a legal document, such as an Affidavit or Statutory Declaration, was sworn by the person who signed it. Refers to the legal authority or power of the Court to decide on specific claims or issues. Sometimes, jurisdiction is restricted to certain locations, for example, the location where the cause of action or issue arose or on the basis of the subject matter, or it can be pecuniary (based on the amount claimed). Sometimes Courts are delegated the power to decide on specific issues/subjects. If a Plaintiff makes a claim worth $25,000 or less, then they will have to file a claim in Small Claims Court. If the amount claimed is more than $25,000 then the claim is made in Supreme Court. Jury Leading Questions Leave of the Court A group of people who are members of the public and are chosen by the parties to a case to make a decision in a legal case after the evidence is provided to them. A question that prompts or encourages the desired answer. Asking the Court for permission to go ahead with an issue in an Action. For example, a person may seek leave of the Court to file an application when a deadline to do so has 168 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

173 expired. If this permission of the Court is not obtained, it would be unlawful to proceed. Legal Basis Litigation Litigation Guardian Master If you are relying on an Act or a Rule of Court, you must set out what specifically your case has to do with that Act or Rule, ie. Negligence Act set out how the party has been negligence or BC Supreme Court Rules list which Rule affects your case costs, etc. A judicial process for bringing a civil lawsuit. The whole process starting from the filing of a claim until the judgment of a Court is called litigation. A person that is under the age of majority (19 years old in British Columbia) In British Columbia many laws refer to "infants." An "infant" is a person who has not reached the age of nineteen years. The Small Claims Rules refer to infants as "young persons." A judicial officer of the Supreme Court who can listen to and decide certain applications, including interim applications for parenting or support Orders. Masters can hear most interim applications and are addressed as Your Honour. A list of the types of applications and/or hearings that may be conducted before a Master are set out in the Appendix Jurisdiction Guide: Judge and Master. Mediation Non-pecuniary Loss Notice of Application A process where parties can resolve their own disputes, with the help of a neutral third party. The mediator, also known as a facilitator, never forces a decision onto the parties. The mediator s job is to keep the parties talking and to help move them through the more difficult areas of conflict. A loss that cannot be calculated in financial or monetary terms. For example, pain and suffering. A document filed in the Registry to give notice to a party or person and the Court of an application for relief. It is supported by Affidavit material. The Notice of Application 169 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

174 sets out what relief the party is seeking and the Affidavit sets out the facts supporting the request. Omission Order Parties of Record Pecuniary Loss Personal Property Personal Service Plaintiff Pleadings Privileged A party neglects or fails to perform an act that is agreed to or what the law requires or inadvertently leaving out a word, phrase or other language from a contract, deed, judgment or other legal document. A ruling made by the Court that tells a party to do something or not to do something. It can also refer to the document that sets out the decision of the Court. A person who has filed a pleading, petition or a response in an Action (or proceeding). Relates to financial penalty to a party in an Action. These are also financial losses that may involve out of pocket expenses for things like medical treatment, travel expenses or funeral expenses. Typically the largest pecuniary loss that most personal injury victims suffer is their loss of income. Movable property; belongings exclusive of land and buildings. Personal service is when the document(s) must be physically handed to the party. Person who files an Action in Court. The party who wants the matter to be evaluated by the Court in hopes of being awarded compensation. Formal legal documents filed with the Court that states the party s basic position. Pleadings include the Notice of Civil Claim, Response to Civil Claim, a Counterclaim, a Response to Counterclaim. Confidential information or communication, such as a letter or correspondence, that is kept confidential in a court proceeding for reasons that benefit the party producing the document. For example, parties to an Action generally have access to information. However, a privilege communication or information is exempt. 170 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

175 Process Server Real Property Relief Registered and Records Office Registrar Registry Requisition Reserving Judgment A professional document server who serves/delivers legal documents to a party. The party who is served by the Process Server may or may not be a party to the action. All land, structures of a home or building that firmly attached such as light fixtures or a built-in dishwasher, or anything growing on the land, which may be the right to future ownership of a property. The legal remedy awarded by the judge or jury in a court action. This could be in the form of money (e.g. $10,000 for pain and suffering or $3,000 to repair a botched roof), action to be taken (e.g. paying back a debt owed within a year), or stopping things from happening (e.g. preventing a neighbour from cutting down trees along a shared property line). A Registered Office is the official legal address of a company. Any legal document may be sent to the company s registered office. A Records Office is the official address and location where a company keeps its corporate records. The Registered and Records Office for a company may be at the same legal address. A person who performs duties as set out in the Supreme Court Family Rules, and under other laws. They can make decisions on assessments relating to bills of costs, reviewing of lawyers' accounts (if any), settling Orders, conducting references of different types and dealing with bankruptcy discharge applications. The Registry (or Court Registry) receives and keeps a copy of all pleadings and documents filed in relation to an action. The Registry is located in the courthouses all over the province. A document (Form 17) used to make a request to the Court or Court Registry. A delay in the process of judging or giving an opinion. A judge may announce at Trial or a hearing that he/she may reserve judgment to a later date. 171 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

176 Serve/Service Special Damages Style of Proceeding/Style of Cause Tender Transcript Trial Without Notice To serve a person is to provide one party with the document(s) of another party in the action. Service occurs when the party receives and/or is personally handed the document(s) of the other party. These are damages that can be measured by actual money spent by the Plaintiff in order to make right the wrong that they claim was caused by the Defendant (e.g. If a Plaintiff brings a claim for breach of contract because a contractor failed to complete a remodeling job, the Plaintiff's special damages may include the extra money they had to pay to have someone else complete the job.) The heading on a court document that includes the type of Court (Supreme or Small Claims) the action number, the registry location, and the names of the parties defining their role ie. Plaintiff or Defendant. To present to another person an unconditional offer. For example, to offer another person to enter into a contract. This term is used to reference an offer to pay money. However, it may also be used to offer other kinds of property to another person. A written record prepared by a court reporter of what was spoken during a proceeding. When both parties and their witnesses go to Court to present their case and appear before a Judge. They give their evidence speaking under oath. A trial results in a final decision by a Judge. When there is no requirement to advise the other party of the action of your request or intention. When an application is brought by one party without giving notice to the other party. These applications may be used in an urgent or emergency situation and the party needs to have the matter decided quickly. After the determination in the application, the other party will be served with the judgment and have the opportunity to defend the matter. 172 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

177 Without Prejudice A phrase that has the effect of excluding from evidence the document on which the phrase is written. This is usually used in settlement negotiations so the document cannot be brought to the Court s attention to cloud or prejudice any decision made by the Court. 173 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

178 APPENDIX B: Cultural Diversity and the Canadian Legal Process For all self- represented litigants, the judicial process can be overwhelming and intimidating. When you are also new to the country and are unfamiliar with cultural processes as well as judicial processes, any legal matter, regardless of how minor, is going to be a challenge. You might find these tips helpful. Respect for time and time limits In Canada, time and time limits must be respected. In fact, it is seen as being inconsiderate when you are late for an appointment without good reason (for example, your car broke down on the way to the appointment or your child was sick and you need to take them to the doctor). Reasons such as I forgot what time the appointment was or I took the wrong bus are not as acceptable. Always be early when you go to court. It will give you time to observe your surroundings and in some cases, watch how other people conduct themselves. The same goes for deadlines for filing documents or serving documents you can be early, but do not be late. In some instances, filing or serving a document outside of the time limits allowed will prevent you from taking further legal action and it will cost you more time and money to fix things. Do not be late! Tell the truth Always tell the truth when you are giving evidence under oath. Lying, telling half- truths or withholding information when you have sworn to tell the truth is punishable by law. While sometimes it is difficult to tell the truth about a situation (e.g. because it is embarrassing to you or shameful for your family), it is important that the Judge or Master know all the facts so that they can make an informed decision. Always give brief and clear answers to questions that are asked of you. Language You may be fluent in English or French, but legalese or the specific language that is sometimes used in Court by lawyers and Judges, is different. It may sound like English, but it may not have the same meaning in Court as it does in regular, everyday life. If you do not understand what the Judge, Master or other lawyer is talking about, ask them to clarify. You do not want to agree to something, or not agree to something, that you do not fully understand. There is no shame in asking for help if you do not understand what is going with the court proceedings. If someone is speaking too quickly, ask the Court to have them speak slower. If you need something repeated, ask the Court to have the person repeat what they are saying. If English is your second language, consider hiring a court certified interpreter. These are special interpreters that have lots of experience with legal hearings and not only will they be able to interpret for you but also understand the process. It is better for you to understand what is going on than to be too proud to ask for help. 174 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

179 Be respectful Use respectful language when speaking in Court and do not interrupt someone if they are already speaking. Refer to the Judge, to the lawyers and to the other parties as sir or madam. You want to be treated with respect as your case is being heard, and the Judge and lawyers feel the same. You may come from a culture where the justice system is flawed, and you may have formed ideas about Courts and Judges based on your previous experiences. Do not bring those biases into a Canadian courtroom. Prepare your case, learn the basic procedures of the courtroom, be respectful to all, and trust in our justice system. When you are providing information to a Judge or lawyer, do your best to give direct answers and do not add any extra pieces of information unless they ask. For example, if you are being questioned on the witness stand and the lawyer asks you what time of day an event occurred, tell them what time of day it was (e.g. It was morning or It was about 4:30 p.m. ). You do not need to include how you came to that answer (e.g. The sun was just rising and I had just fed the baby, so it was morning or I had just gotten off work, but it was earlier than normal because I had to pick up a friend from the airport and their flight was arriving at 5:30, so it was probably around 4:30 when the incident occurred ). Too much information becomes confusing and can lead to more questions that the lawyer would not have otherwise realized was available. Body Language You may not believe it, but what you do not say in a courtroom is as important as what you do say. That is, your body language may convey that you are thinking one thing while you are saying another thing. For example, in some cultures, it is a sign of respect not to make eye contact with someone you are speaking with or someone of a higher position in society as you. In Canada, that can be taken as a sign that the person is shy or it could be taken that the person is lying. Try to look the person that is speaking to you in the eye. Speak loudly and clearly, and sit up straight. Other Cultural Issues You might feel ashamed to talk about your personal life in front of strangers, however, it is very important to tell the truth when you are being questioned regarding your case. If being open and honest about your life in Court will put you in some sort of danger (either physically or emotionally), this should be addressed, either with the lawyer on the other side of the matter or with the Judge. If there is a reason you do not feel you can give your evidence fully, let it be known. No one involved wants you to be harmed in any way because you spoke the truth. 175 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

180 APPENDIX C: Calculating time The Supreme Court Civil Rules set out instructions as to when certain matters need to be done within certain time periods. In order to avoid missing deadlines, you need to know how to properly calculate time. It is important to look for specific wording, such as the words at least, within, and business days. It is also important to know that if service of a document is after 4 pm, then it is considered to have been served the next day. For example, a document served at 4:30 pm on September 2, 2014, is deemed to be served on September 3, When calculating clear days, the wording at least is used. This means you do not count the first or last days, and the specific number of days must be in between the first and last days. For example, a summary trial application must be heard at least 42 days before the scheduled trial date. If the trial is set for September 2, 2014, then you must calculate backwards 42 clear days from September 2nd, which would be July 21st. When calculating a time period within a specific number of days, you do not count the first day, but you do count the last day. For example, within 21 days of service on September 2 nd, 2014, would be September 23 rd. An exception to the within and at least calculations is if a period of time is less than 7 days, then you do not count holidays. If a period of time is more than 7 days you do count holidays. Sunday is considered a holiday, while Saturday is not. All Statutory holidays are not counted if the calculation period is less than 7 days. If a document is served on a holiday, then service is deemed to have been effected on the next day which is not a holiday. When calculating business days, this refers to days when the Registry is open. The Registry is not open on Saturdays, Sundays, or Statutory holidays. The reference to business days is used with Applications. For example, a person who wishes to respond to a Notice of Application must file an Application Response within 5 business days of being served. If they were served on September 2, 2014, then within 5 business days would be September 9 th (not counting the days when the Registry is closed). 176 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

181 CALCULATING TIME LINES Time: Service after 4 pm is deemed to be served the next day Holidays: Service on a Sunday or statutory holiday is deemed to be served the next day which is not a Sunday or a statutory holiday For calendar of statutory holidays and dates when the court registries are open, see website: Within Do not count the day served but do count the last day At Least (aka Clear) Do not count the day served or the day for court Business days are when the court registry is open July 1 st is a statutory holiday. Example: Within 8 days from July 15 th is July 23 rd. July 1 st is a statutory holiday. Example: At least 8 days before July 15 th is July 4 th (as no court on Saturday or Sunday). July 1 st is a statutory holiday. Example: Within 8 business days from July 15 th is July 25 th Exceptions: If calculating less than 7 days, do not count holidays If calculating more than 7 days, do count the holidays (do not count days when court is not open). No exceptions 177 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

182 APPENDIX D: Further Resources and References If you are looking for information about the court process Supreme Court of BC: This link will take the litigant to the Supreme Court of BC. There is a specific section for self represented litigant. This section provides different resources, information hand book, guide books, and organizations working to provide free legal advice to self represented litigants. Justice Education Society of BC: This link provides services educating a lay man about the BC's justice and court system. It explains the criminal, civil, administrative, family law, appeals and procedure to be followed. If you are looking for legal advice The Legal Services Society: The Legal Services Society provides information about the resources for legal aid in BC. Such information include legal information, advice and representation services, free publication, links to other community and legal resources. It also a good source for information on Family Law in BC. Access Justice Pro Bono: Access Justice Pro Bono provides information on scheduling appointments for half hour free consultation with volunteer lawyers. UBC Law Students Legal Advice Program: Non- profit organization run by law students providing services to people who cannot afford to engage a lawyer. The organization clinics are located in lower mainland of BC. The organization works in areas including criminal, employment standards, employment insurance, consumer protection, WCB, Wills and Estate, residential tenancy board, incorporation of non profit, civil liberties, immigration, etc. The Law Center University of Victoria: It provides the same services as provided by LSLAP program of UBC. In addition to those services it provides services in family law, child support, divorce, human rights, and Canada Pension Plan (CPP). Community Legal Assistance Society: Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

183 CLAS provides free legal service including services in poverty law that includes housing, human rights, income security, mental health, and workers' rights. Lawyers Referral Service: the- Public/Lawyer- Referral- Service Lawyers Referral Service is a program funded by the Law Foundation of BC and Canada Bar Association BC Chapter. This program connect the public with the lawyers for consultation. The lawyer provides legal consultation for 30 min in lieu of $25. Justice Access Center BC: access- centre/vancouver/index.htm Located in Vancouver Law Courts downtown, the Center assist self represented litigants on family and civil justice problems. Depending upon the nature of the problem an appointment can be scheduled with the family counsellor or civil law coordinator. If the nature of the problem is different then the litigant will be referred to the relevant agency working in that area. If you are looking for information about a specific area of law The People's Law School: Non- Profit organization providing public legal education and information to the public in British Columbia. It publishes various booklets, handbooks, and produced video lessons on judicial system and court procedure in BC. Provides information in the form of publication, videos, Dial a Law: the- Public/Dial- A- Law Dial a Law is a library providing legal information compiled by lawyers. It provides information to the public on various legal topics. The information is provided in English, Cantonese, Mandarin, and Punjabi. Courthouse libraries BC: It provides advance resources of research on different legal topics. The library staff provides assistance to public, students, lawyers as well on using digital resources for the purpose of legal research. The library also provides CBA's list of freelance legal research lawyers doing extensive research on various legal topics for reasonable price. If you are looking for a case for your application for to waive fees Hopkins v. Hill, 2000 CarswellBC 1021; 2000 BCSC Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

184 APPENDIX E: JURISDICTION GUIDE: JUDGE OR MASTER In the Supreme Court of British Columbia, court hearings may be held before a Master or a Judge. Jurisdiction refers to what a Judge or Master has authority under law to deal with. Judges can hear all court hearings, while Masters are limited to applications and some final orders (i.e. certain types of judgments). What Masters can and cannot hear is set out in Practice Direction PD- 42 found on the court website: In summary, Masters cannot hear applications that relate to: where an Act or rule requires a judge to make the decision; any Appeal matters; where any party in a proceeding is under a legal disability; criminal proceedings; contempt; an injunction (requiring or preventing an act) in lieu of a monetary award; orders under the Judicial Review Procedure Act or a prerogative writ; staying a court proceeding where there is an arbitration; declarations under the Survivorship and Presumption of Death Act; removing a suspension from the practice of a profession; to set aside, vary or amend a final order of a judge, other than to shorten or lengthen a time line allowed by the Order if the Order was one that a Master could have made. Masters can hear applications that relate to varying an interim order of a judge and enforcement of orders, as well as the following final orders: orders by consent; orders regarding non- compliance with the rules; orders for summary judgment where there is no triable issue; orders striking out pleadings so long as there is no determination of a question of law; orders granting default judgment; and, orders relating to foreclosures, other than approving a sale. In family law actions, Masters can also make or vary any interim orders made under the Divorce Act, as well as interim orders made under the Family Law Act for: - guardianship; 180 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

185 parenting arrangements; contact; child and spousal support; protection orders; restraining orders; and, exclusive occupancy of a family residence. If a matter can be heard before a Master, you should always request for a Master in your application. 181 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

186 APPENDIX F: SELF-REPRESENTED LITIGANT S SCBC CIVIL ACTION CHECKLIST Client Name: Date of 1 st AC Session: Paralegal: Date of 2 nd AC Session: Paralegal Date of 3 rd AC Session: Paralegal Action Required Notice of Civil Claim (Form 1) Rules 3-1, 3-2, 3-7, 4-1, and 4-3 The Plaintiff files a Notice of Civil Claim within 2 years of the date of loss. After the Notice of Civil Claim is filed, it must be served within 12 months. If the Notice of Claim is not filed within 12 months, the Notice of Civil Claim may be renewed for a further 12 months. Date(s) Due: Filed: Served: Renewed on: Response to Civil Claim (Form 2) Rules 3-3, 3-7, 4-1, and 4-3 The Defendant files and serves the Response to Civil Claim within 21 days of being served the Notice of Civil Claim (in BC). List of Documents (Form 22) Rule 7-1 The Plaintiff and Defendant each prepare and serve a List of Documents that sets out the documents in his/her possession that (a) he/she intends to rely on at Trial (b) could Served: Due: Filed: Served Served: Received: Amended 182 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

187 Action Required prove or disprove a material fact within 35 days after the pleadings period ends. Examinations for Discovery Date(s) LOD: Rule 7-2 and 15-1(12) EFD Date: Court Report + Location Booked: Appointment to Examine for Discovery (Form 23) Served: The Examinations for Discovery must be completed at least 14 days before the Trial begins, unless otherwise ordered by the court or consented to by the parties. Expert Report(s) Rule The Plaintiff and Defendant may serve Expert Report(s) no later than 84 days before the scheduled Trial date. EFD Deadline: Deadline: Served: 183 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

188 Action Required Rebuttal Expert Report(s) Rule 11-6(4) Date(s) Deadline The Plaintiff and Defendant may choose to serve Rebuttal Expert Report(s) to any expert report(s) he/she receives. The Rebuttal Expert Filed: Report(s) must be served at least 42 days before Trial. Served: Notice of Expert Required for Cross- Examination Rule 11-7(2) The Plaintiff and Defendant may require an expert to attend Trial for cross examination. To require an expert s attendance, written notice must be given at least 21 after the expert report is served advising that the expert s attendance is required. Notice to Mediate See Notice to Mediate (General) Regulation The Plaintiff or Defendant may schedule a mediation which can take place any time between 60 days after the Response to Civil Claim has been filed and 120 days before the date of the Trial. The mediation must be held no later than 7 days before the schedule Trial date. Notice of Trial (Form 40) Rule 12-1 Once the Trial date is booked with the Supreme Court Scheduling, the Notice of File must be filed and served within 30 days of the Trial date being booked. Notice of Application (Form 32) Rules 8-1 to 8-6 and 9-7 Deadline: Notice Served: Deadline Filed: Served: Filed: Served: Application Date: The Plaintiff or Defendant may bring an application during the course of the case to Deadline: apply for an Order from the Court. The Plaintiff or Defendant (also referred to as the Applicant ) can start the application by Filed: preparing, filing and serving a Notice of Application and any Affidavit evidence (in Served: 184 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

189 Action Required Form 109) at least 8 business days for applications pursuant to Rule 8-1. If the application is made pursuant to Rule 9-7, it must be filed and served at least 12 business days before the application hearing date. Application Response (Form 33) Rules 8-1(9) to 8-1(12) The party who is served with a Notice of Application (the Application Respondent ) who wishes to respond to the application or be notified of any orders must file and serve an Application Response and Affidavit evidence within 5 business days of being served the Notice of Application (if the application is pursuant to Rule 8-1) or within 8 business days of being served the Notice of Application(if the application is pursuant to Rule 9-7) Application Record Rules 8-1(15), (17), (19), (20), and (21) The Applicant must prepare and file with the Supreme Court Registry an Application Record and Application Record Index that sets out all the materials relied on in the Notice of Application and Application Response. The Application Record must be filed one full business day before the date of the application hearing. The Applicant must also serve the Application Respondent with a copy of the Application Record Index at least one full day before the date of the hearing. Date(s) Deadline:: Filed: Served: Deadline: Filed: Served: 185 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

190 Action Required Orders Made After Application (Form 35) Rules 8-1 to 8-5 An Order Made After Application is prepared after the application hearing which sets out the terms that the Judge or Master orders. The draft Order Made After Application is circulated between the parties to confirm that the Order terms are correct and for the parties to sign. After the Plaintiff and Defendant (or their lawyers) have agreed to the wording and have signed the Order Made After Application, it must be entered with the Supreme Court Registry. Case Planning Conference (Form 19) Rule 5-1 The Plaintiff or Defendant may request for a Case Planning Conference. The Case Planning Conference is scheduled by (a) booking a time and date through the Supreme Court Registry and (b) filing a Notice of Case Planning Conference. Case Plan Proposal (Form 20) Rule 5-1(5) and 5-1(6) Both the Plaintiff and Defendant must file and serve a Case Plan Proposal at least 14 days before the Case Planning Conference date. Date(s) Endorsed: Entered: Served: CPC Date Filed: Served: Case Plan Proposal Deadline: Filed: Case Plan Order (Form 21) Rule 5-3 A Case Plan Order is prepared after the Case Planning Conference hearing to set out any orders that the Judge or Master makes. The draft Case Plan Order is then circulated between the parties to confirm that the terms are correct and for the parties to sign. After the Plaintiff and Defendant (or their lawyers) have agreed to the wording and have signed the Served: Endorsed: Entered: Served: 186 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

191 Action Required Case Plan Order, it must be entered with the Supreme Court Registry. Trial Management Conference Rule 12-2 The Plaintiff, Defendant and their counsel must attend a Trial Management Conference at least 28 days before the Trial date. A Requisition (Form 17) must be filed with the Registry and served on the other party to confirm the date and time reserved for the Trial Management Conference. Trial Brief Rule 12-2(3) Both the Plaintiff and Defendant must file and serve a Trial Brief (Form 41) at least 7 days before the Trial Management Conference date. Trial Management Order Rule 12-2(9) A Trial Management Order is prepared after the Trial Management Conference hearing to set out any orders that the Judge or Master makes. The draft Trial Management Order is then circulated between the parties to confirm that the terms are correct and for the parties to sign. After the Plaintiff and Defendant (or their lawyers) have agreed to the wording and have signed the Trial Management Order, it must be entered with the Supreme Court Registry. Date(s) TMC Date Filed: Served: Trial Brief Deadline: Filed: Served: Endorsed: Entered: Served: 187 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

192 Action Required Trial Certificate (Form 42) Rule 12-4 The Plaintiff and Defendant are both required to file and serve a Trial Certificate at least 14 days before but not more than 28 days before the scheduled Trial date. Trial Record Rule 12-3 The party who books the Trial date must prepare, file and serve a Trial Record at least 14 days before but not more than 28 days before the scheduled Trial date. Trial Book of Documents The Plaintiff and Defendant must prepare and organize a Book of Documents containing all the evidence that will be referred to at the Trial. The Plaintiff and Defendant must prepare and provide enough copies of their Book of Documents for the Judge, any witnesses, the other party and themselves. Evidence: Plan(s), Photograph(s) or Object(s) Rule 12-5(10) Any plans, photographs or objects to be used as evidence at Trial must be served on all parties at least 7 days before the Trial date. Notice to Produce (Form 43) Rule 12-5 The Plaintiff and Defendant can serve a Notice to Produce at least 2 days before the scheduled Trial date. Date(s) Deadline Filed: Served: Deadline Filed: Served: Filed: Served: Deadline: Filed: Served: Deadline: Filed: Served: Order After Trial (Form 48) Rule 13 After the trial, the successful party prepares Endorsed: 188 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014

193 Action Required the Order After Trial based on the Orders pronounced by the Judge at the Trial. The draft Order After Trial is circulated between the parties to confirm that the Order terms are correct and for the parties to sign. After the Plaintiff and Defendant (or their lawyers) have agreed to the wording and have signed the Order After Trial, it must be entered with the Supreme Court Registry. Date(s) Entered: Served: 189 Law Courts Center Amici Curiae Pro Bono Paralegal Programme 2014