Supreme Court Rule Procedures

Counter Claims Not Allowed in Petition Proceedings

The BC Appeal court in Edward Chapman Ltd v FS Property Inc 2022 BCCA 213 in a foreclosure proceeding ruled that the current rules do not provide for the filing

Administrator of Estate Can Commence Family Law Action

Weaver Estate v Weaver 2022 BCCA 79 clarified the law in British Columbia that an administrator of an estate of a separated and deceased spouse may commence a claim for

Contempt of Court

This is a short summary of the law of contempt of court that is a hundreds of years old power of the judiciary and part of the courts method of

Courts Refuses Production of Computer Hard Drive

In a long running matrimonial dispute  the court in Etemadi v Maali 2021 BCSC 1003 refused to order the defendant to produce her computer hard drive to her husband. A

Renewal of a Notice of Claim

Gill v Basic 20212 BCSC 875 dealt with the renewal of a Notice of Claim without notice to the defendants. In Gill the Notice of Claim had expired 8 months
Vexatious Litigants

Vexatious Litigants

Universe Emotions v. Forslund, 2021 BCSC 812 is an excellent example of the courts shutting down the continued court filings of a vexatious litigant without leave of the court. The

Adjournment of a Trial

The decision to adjourn a trial hearing is a discretionary one, governed by the interests of justice and necessitating a balancing of interests: Sidoroff v. Joe (1992), 76 BCLR (2d)

Legal Disability and Litigation Guardian

Stanford v Murad 2021 BCSC 130 dealt with a legal dispute involving a demented person who is likely under a legal disability, and thus required a litigation Guardian. The 89-year-old

Converting a Petition to an Action

Kerfoot v Richter 2018 BCCA 238 reviewed the law relating to the test on an application to convert a proceeding brought by petition to an action. The petitioner’s application to

Certificates of Pending Litigation (CPL)

Lipskaya v Guo 2020 BCSC 2090 canceled a certificate of pending litigation registered against the property where the owner was indebted to her for arrears of child maintenance. The court