Court Reforms Announced in BC

By virtue of the recently introduced Justice Modernization Statutes Amendment Act 2004 a number of reforms to the civil justice system will take place effective September 1, 2005.

There will be key changes to the Provincial (Small Claims) Court in British Columbia including:

• Increasing the monetary limit from $10,000 to $25,000.
   

• The ability to sue the government in the Provincial (Small Claims) Court.

These changes will likely result in a larger number of Small Claims actions, as the Small Claims Rules do not provide for costs. There will also likely be an increase in self represented litigants pursuing claims in Small Claims Court.

Second, with an amendment to the Court Rules Act, a new Rule 68 will be piloted for two years in four Supreme Court Registries in Vancouver, Victoria, Prince George and Nelson. This rule will apply to all cases commenced in these registries after Sept. 1, 2005, where the total of the monetary claims amounts to $100,000 or less, exclusive of interest and costs. The rule will not apply to family law cases or cases under the Class Proceeding Act.

Key features of the new Rule 68 include:

• Limits on pre-trial procedure such as examination for discovery. For example, examination for discovery will not be allowed unless both parties consent or the court orders. Also, in those cases where examination for discovery is allowed, it will be limited to two hours, unless the parties agree to a longer discovery or the court otherwise orders.
   

• With few exceptions, contested interlocutory applications will not be allowed before a case management conference or a trial management conference has been held.
   

• Pre-trial document disclosure will be simplified and expedited by limiting the type and quantity of documents that must be listed and produced before trial and requiring that copies of the listed documents be shared with all other parties.
   

• Jury trials will not be allowed.
   

• New obligations are imposed on parties to engage in an early and more comprehensive exchange of information. For example, parties are required to exchange lists of witnesses and a written summary of the evidence that they expect each of their witnesses will give at trial.
   

• Trial management conferences conducted by a judge will be held between 15 and 30 days before trial.
   

• At least seven days prior to a trial management conference, parties are required to exchange comprehensive trial briefs which, among other things, summarize the issues and their positions on the issues, provide a list of witnesses that they intend to call at trial and summarize the evidence that they expect each of their witnesses will give.
   

• At a trial management conference a judge may impose time limits on the direct and cross-examination of witnesses, as well as on opening statements and final submissions.

The stated purpose of Rule 68 is to streamline procedures and reduce the time and cost required to take these cases to trial. However, whether this will indeed be the case also remains to be seen. For instance, it is uncertain what impact the new discovery rules will have on the defense of bodily injury claims. There are many cases in the $ 100,000 range that require more than two hours of discovery, such as those involving pre-existing conditions or complicated wage loss claims (i.e. self employed claimants). Depending on the counsel involved, there maybe an increase in interlocutory applications for additional discovery. Further, the wording of Rule 68 has yet to be circulated and it is currently unclear what is meant by monetary claims under $ 100,000 and how it is determined if a case is to be governed by Rule 68.

We will keep readers advised of developments but anyone with any questions on the above is invited to contact Krista Prockiw at kxp@cwilson.com or 604-643-3105 (direct dial) or Jon Hodes at jlh@cwilson.com or (604) 643-3168 (direct dial).