Supreme Court Rule Procedures

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

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

Video Evidence Is Admissible

In the past several years there has been a great increase in the receipt and admissibility of video evidence in civil litigation, as the necessary technology has improved and become
Secret Recordings Admissible

Secret Recordings Admissible

Contrary to what many believe, it is not illegal for a person to secretly record a private conversation to which that person is a party and therefore consents to the
Converting a Petition to an Action and Trial

Converting a Petition to an Action and Trial

Re Cameron 2020 BCSC 157 discusses the test to convert a petition to an action and to refer the matter to the trial list. Under the Supreme Court rules many