Canadian Paralegal Institute

Law Courts Center NCR Module 1 Pre-Course Assignment v100305.doc

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New Court Rules Series

Module 1 Pre-Course Assignment

All courses that Law Courts Center present incorporate pre-course work to assist you in getting acquainted with the subject material. This allows you to engage in the courses in a more fulfilling manner.

1. A list of existing and new Rules that will be covered in this module is set out in page 3. Re-read and review the existing Rules and read thoroughly the new Rules covered by the module.

Please bring a hard or a digital version of the new Rules 1-1 through 1-3, 2-1, 3-1 through 3-8 and 4-1 through 4-8 and 6-1 and 6-2. Also please bring the existing Rules. Yes, laptops are welcome in class!

1. Review the various websites and articles that addressed the revisions to the Rules of Court (pre-July 2009) and describe the two main reasons that caused the New Rules of Court to be passed. (2 marks)

2. Accessing the same websites and articles, explain the “principle of proportionality”. (2 marks)

3. From your own past experiences, give an example of how the principle of proportionality was applied in a particular case, or should/could have been applied but was not. (1 mark)

4. Compare and contrast the Rules 3-1 and 3-2 with the existing Rules 9 and 20. (2 marks)

5. Rule 3-1(2)c refers to the term “legal basis”. What do you think this means? (1 mark)

6. What provisions have been made for substitutional service under the new Rules? (2 marks)

Law Courts Center NCR Module 1 Pre-Course Assignment v100305.doc

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7. Select a Statement of Claim (SOC) or Statement of Defence (SOD) that is commonly used within your particular practice area and prepare a Notice of Civil Claim (NCC) or Response to Notice of Civil Claim (RNCC) based on that precedent pleading. (20 marks)

Please obtain permission from your supervising lawyer to use a redacted pleading for this purpose! Discuss the new forms within your firm before attending Module 1.

If you do plaintiff and defence work, choose one. (You are welcome to do both if you wish.) A sample of NCC and RNCC are set out in page 3 and 5 respectively of this document.

At the beginning of class, you are to submit to the instructor a printed copy of:

1. the redacted SOC or SOD on which you based your NCC or RNCC, and

2. your draft NCC or RNCC.

Bring a second copy of your draft precedent pleading to refine during the in-class discussion and take home exam. You may do this on your laptop as well.

A finalized precedent pleading is to be prepared as part of the take home exam based on in-class discussions and further discussions you may have with your team/colleagues. The instructor will compare the draft document you submitted at the beginning of class with the finalized document submitted as part of your take home exam.

The pre-course assignment is worth 30% of the Module 1 course mark.

Module 1 Comparative List of Rules and Forms

Rule Number / Rule Name / Old Rule Number / New Form Number / Old Form Number
Rule 1-1 / Interpretation / Rule 1
Rule 1-2 / Citation and Application / Rule 1
Rule 1-3 / Object of Rules
Rule 2-1 / Choosing the Correct Form of Proceeding / Rule 8 & 10
Rule 3-1 / Notice of Civil Claim / Form 1 / Form 1 & 13
Rule 3-2 / Serving and Renewing the Notice of Civil Claim / Rule 9 & 20
Rule 3-3 / Responding to a Notice of Civil Claim / Rule 14 & 21 / Form 2 / Form 7, 8 & 14
Rule 3-4 / Counterclaim / Rule 21 / Form 3 & 4 / Form 15
Rule 3-5 / Third Party Claim / Rule 22 / Form 5 & 6 / Form 17
Rule 3-6 / Reply / Rule 23 / Form 7 / Form 18
Rule 3-7 / Pleadings Generally / Rule 19
Rule 3-8 / Default Judgment / Rule 17 / Form 8 / Form 86
Rule 4-1 / Address for Service / Rule 11 / Form 9 / Form 12
Rule 4-2 / Ordinary Service / Rule 11
Rule 4-3 / Personal Service / Rule 11
Rule 4-4 / Alternative Methods of Service / Rule 12 / Form 10
Rule 4-5 / Service outside BC / Rule 13 / Form 11, 12, 13 & 14 / Form 6
Rule 4-6 / Proving Service / Rule 11 / Form 15 & 16 / (Rule 11(7))
Rule 4-7 / Relief / Rule 11(6.5) and 12(11)
Rule 6-1 / Amendment of Pleadings / Rule 24
Rule 6-2 / Change of Parties / Rule 15 / Form 9 / Form 12

FORM 1 (RULE 3-1 (1))

No......

...... Registry

In the Supreme Court of British Columbia

Between

Plaintiff(s)

and

Defendant(s)

NOTICE OF CIVIL CLAIM

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

This action has been started by the plaintiff(s) for the relief set out in Part 2 below.

If you intend to respond to this action, you or your lawyer must

(a) file a response to civil claim in Form 2 in the above-named registry of this court
within the time for response to civil claim described below, and

(b) serve a copy of the filed response to civil claim on the plaintiff.

If you intend to make a counterclaim, you or your lawyer must

(a) file a response to civil claim in Form 2 and a counterclaim in Form 3 in the
above-named registry of this court within the time for response to civil claim
described below, and

(b) serve a copy of the filed response to civil claim and counterclaim on the plaintiff
and on any new parties named in the counterclaim.

JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response to civil claim within the time for response to civil claim described below.

Time for response to civil claim

A response to civil claim must be filed and served on the plaintiff(s),

(a) if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed notice of civil claim was served on you,

(b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed notice of civil claim was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed notice of civil claim was served on you, or

(d) if the time for response to civil claim has been set by order of the court, within that time.

CLAIM OF THE PLAINTIFF(S)

Part 1: STATEMENT OF FACTS

[Using numbered paragraphs, set out a concise statement of the material facts giving rise to the

plaintiff ’s(s’) claim.]

[If any party sues or is sued in a representative capacity, identify the party and describe the representative capacity.]

Part 2: RELIEF SOUGHT

[Using numbered paragraphs, set out the relief sought and indicate against which defendant(s) that relief

is sought. Relief may be sought in the alternative.]

Part 3: LEGAL BASIS

[Using numbered paragraphs, set out a concise summary of the legal bases on which the plaintiff(s)

intend(s) to rely in support of the relief sought and specify any rule or other enactment relied on. The legal

bases for the relief sought may be set out in the alternative.]

Plaintiff’s(s’) address for service: [Set out the street address of the address for service. One or both of a fax number

and an e-mail address may be given as additional addresses for service.]

Fax number address for service (if any):

E-mail address for service (if any):

Place of trial:

The address of the registry is:

Date: ...... [dd/mmm/yyyy]......

Signature of

[ ] plaintiff [ ] lawyer for plaintiff(s)

...... [type or print name]......

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.

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:

Part 2: THIS CLAIM ARISES FROM THE FOLLOWING:

[Check one box below for the case type that best describes this case.]

[ ] a motor vehicle accident

[ ] personal injury, other than one arising from a motor vehicle accident

[ ] a dispute about real property (real estate)

[ ] a dispute about personal property

[ ] the lending of money

[ ] the provision of goods or services or other general commercial matters

[ ] an employment relationship

[ ] a dispute about a will or other issues concerning the probate of an estate

[ ] a matter not listed here

Part 3:

[If an enactment is being relied on, specify. Do not list more than 3 enactments.]

FORM 2 (RULE 3-3 (1))

No......

...... Registry

In the Supreme Court of British Columbia

Between

Plaintiff(s)

and

Defendant(s)

RESPONSE TO CIVIL CLAIM

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: ...... [party(ies)]...... (the “defendant(s)”)

Part 1: RESPONSE TO NOTICE OF CIVIL CLAIM FACTS

Division 1 – Defendant’s(s’) Response to Facts

[Indicate, for each paragraph in Part 1 of the notice of civil claim, whether the fact(s) alleged

in that paragraph is (are) admitted, denied or outside the knowledge of the defendant(s).]

1 The facts alleged in paragraph(s) ...... [list paragraph numbers]...... of Part 1 of the notice of civil claim are admitted.

2 The facts alleged in paragraph(s) ...... [list paragraph numbers]...... of Part 1 of the notice of civil claim are denied.

3 The facts alleged in paragraph(s) ...... [list paragraph numbers]...... of Part 1 of the notice of civil claim are outside the knowledge of the defendant(s).

Division 2 – Defendant’s(s’) Version of Facts

[Using numbered paragraphs, set out the defendant’s(s’) version of the facts alleged in those paragraphs

of the notice of civil claim that are listed above in paragraph 2 of Division 1 of this Part.]

Division 3 – Additional Facts

[If additional material facts are relevant to the matters raised by the notice of civil claim,

set out, in numbered paragraphs, a concise statement of those additional material facts.]

Part 2: RESPONSE TO RELIEF SOUGHT

[Indicate, for each paragraph in Part 2 of the notice of civil claim, whether the defendant(s)

consent(s) to, oppose(s) or take(s) no position on the granting of that relief.]

1 The defendant(s) consent(s) to the granting of the relief sought in paragraphs ...... [list paragraph

numbers]...... of Part 2 of the notice of civil claim.

2 The defendant(s) oppose(s) the granting of the relief sought in paragraphs ...... [list paragraph

numbers]...... of Part 2 of the notice of civil claim.

3 The defendant(s) take(s) no position on the granting of the relief sought in paragraphs ...... [list

paragraph numbers]...... of Part 2 of the notice of civil claim.

Part 3: LEGAL BASIS

[Using numbered paragraphs, set out a concise summary of the legal bases on which the defendant(s)

oppose(s) the relief sought by the plaintiff(s) and specify any rule or other enactment relied on. The legal

bases for opposing the plaintiff’s(s’) relief may be set out in the alternative.]

Defendant’s(s’) address for service:

[Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]