Are you seeking help with an application to the Supreme Court in British Columbia?

BC court applications can be confusing. They are the most stressful part of litigation, even more so than a trial.

Therefore, we put together this article to provide information about applications in the Supreme Court of British Columbia.

This article does not cover the provincial court and is not a substitute for legal advice from a lawyer.

A trial is extremely expensive

An application asks the court to make an order to resolve issues that come up before you go to trial. Most files do not make it to trial. A trial is extremely expensive. It almost always costs more than $50,000.

It can also take years to get a trial. As such, applications are very important as they help move the issues along.

Chambers’ applications can be for family law, inheritance disputes, business law, or other areas of law. Let us know what you need help with. The lawyers and paralegals work on many Supreme Court applications.

Going To Court In British Columbia

All applications before trial are heard in chambers and applications to the court. You might use an application to add or remove someone from the litigation.

Applications can deal with many small details. Chamber applications are heard in open court and the hearings are audiotaped like full trials. It is open to the public.

The judge or master usually wears a business suit instead of a robe. There will be a court clerk sitting in front of the judge. There are usually no sheriffs in the room.

Evidence must be submitted in sworn written statements called affidavits. This is different from a trial where many forms of evidence are admissible.

What is an application in court?

It’s when someone seeks a court order before the trial. For example, you might seek an order from a judge or master to get the other side to share information or evidence.

You couldn’t wait until the trial to get the other side’s evidence, so you need to make an Application.

It’s possible to file an Application for many things as long as the Supreme Court Rules allow the Judge to make the order.

You will need to show the judge the case law allowing them to make the court order (or not make the order.)

An application requires a lot of work (weeks of effort). Many people without lawyers do not take them as seriously as they should.

But to keep things simple, it simply means someone is seeking a court order.

Application to Supreme Court: Things You Need to Know

An application is used to ask the court to devise an order to address problems that arise in your case before the trial of the proceedings.

On the other hand, depending on the kind of application you make, your application can also lead to a final decision in your case. For instance, an application for synopsis judgment might lead to a final result.

What is a Chamber Proceeding?

A chamber proceeding differs from a trial in many ways, such as:

• The proof is usually presented in the type of affidavit instead of by a witness
• Lawyers and the judge don’t wear robes
• It can be arranged any day on which the law of court sits in the chamber; the trial date needs to be reserved with the trial scheduling division of the registry.

In chamber proceedings that begin with a notice of civil claim, applications usually deal with technical problems that arise as the case progresses through the steps resulting in a trial.

For instance, you might think the party has manuscripts or certificates they have not produced, or you might have an issue getting another party to attend an examination for discovery.

All applications are heard in chambers. However, this doesn’t signify that they are heard in the judge’s office or chambers—still, they are heard in open court, and the hearing is audio recorded.

Once your action falls under Rule 15 for Fast Track Litigation, you’re not permitted to make an application except after the case planning conference has been held.

Should you Make an Application?

Once you doubt that you have an issue in your case that can be addressed by court order and you’ve been powerless or incapable of agreeing with another party on how to handle it, you might need to apply to the law of court.

The fact that you’ll need to be present before a master or judge in court you’ll need to ensure that:

• You understand that the issue you are trying to address is one that an application can decide.
• You know the rules and the law that governs your application.
• You’ve followed all the policies and regulations and met the deadlines that govern applications.
• You have the correct documents.
• You’re ready to dispute your application before a master or judge.

Lawyers can assist you in figuring out whether or not you need to apply. A lawyer can also help you find the law that applies to your issue and complete the correct forms simultaneously.

Keep in mind that preparing for and attending a chamber application will cost you money and time. First and foremost, try to address the issue without resorting to a law of court application.

Who Can Make A Choice in Application?

Both masters and judges hear applications; however, in some events, the master will hear the application. When preparing the records for the application, you must affirm whether the application is under the control of a master or judge.

A master cannot hear your application as a whole, which leads to a final order. This only means you would not come up before a master for a trial summary. Ensure you discern if a judge must hear the application.

Once you appear before a master who cannot hear your application, you’ll be pressured to reschedule the hearing. The staff can help determine whether a master or judge must hear your submitted application.

Application Preparation

A big portion of application preparation is preparing the proof that will be considered by a master or judge when deciding whether to award the order asked for in your application.

The proofs in chambers are given to the court’s law through an affidavit. Because of this, you need to record and organize everything you do to address the procedural problem you might have with another party.

Keep duplicates of your request letters, which include delivery slips and fax confirmations, and it is also important to take down notes of the calls you have made. These might form a big part of the statement you made for the application.

Presented in the law of the court

One useful and important thing you can do to prepare to appear before the law of court on an application is to spend more time watching hearings so you know how these applications are heard and presented.

In bigger centers, chamber hearings are held daily or on set days throughout the week. You can call the registry to know when a chamber hearing is scheduled near your place.

A courtroom while in session is open to everyone, and you’re welcome to be there to watch the proceedings. Also, there are a lot of documents or papers you must be accustomed to once you start to get your chamber application ready.

Complete Notice of Application

You start your application by getting ready, filing, and delivering a notice of the application to another party. Once you get ready and deliver the notice, you’re the application.

You’re the respondent if you get an application notice from other parties. The notice of application should be in Form 32, and it shouldn’t go beyond ten pages and should set out some vital information.

Making an application is a difficult and complex process; have a lawyer to help you.

Preparing Your Court Application

There are several things you can do to prepare for your court application. We strongly suggest watching chamber hearings in court to learn how it works. This will help reduce the anxiety of appearing before the court.

Again, the court is open to the public so you can sit in the back. In BC, court applications start with a notice of application, and the application response is filed with the court.

Affidavits will also need to be filed by both parties.

Do not make the mistake of not preparing an application record. This is required. It helps the judge read along with your argument.

The BC Supreme Court website

Without it being filed, your court date might be cancelled, and you might have to pay $500 in costs. You can find out what kind of information to put in these documents by reading the guidebook on the Supreme Court website.

You can also hire a lawyer to do self-represented coaching. This will save you money by not having the lawyer represent you full-time.

We can connect you with lawyers who offer self-represented coaching for family law. Having a lawyer review your documents before going to court can be helpful.

Costs are often threatened but rarely granted in chambers. They are normally awarded only when one party doesn’t show up.

Delays In The Court During Chambers Applications

If there are many applications, you may have to wait many hours. The longer you write down the minutes it will take, the more likely the application will be bumped.

It is uncommon to sit in court for the whole day, and your application will not be heard. The court clerk will give you back your application record (the binder). You must speak to the opposing party and set new court days.

When you show up, you will be given a number. If you are number 1-5, chances are you will be heard first. But keep in mind it can jump around a bit. This can happen as people “stand down,” meaning they no longer plan to argue their case.

An application to the Supreme Court is not like the movies. You can’t just show up with a piece of paper and show the judge.

Application to the Supreme Court

Parties can also apply to be added to the chamber’s list at the last minute. Be careful that the opposing party doesn’t add your case to the list at the last minute without telling you.

Having the opposing party email you with hearing times and dates is a good idea. Otherwise, they might claim that they told you in person.

The chamber’s list can sometimes move quickly. A lawyer from a bank might hear 10 matters back to back. This is normally for foreclosures. If the other party doesn’t show up, the order might be granted by the judge or master in minutes.

Do not apply to the Supreme Court alone. If you are up against a lawyer, you will probably lose.

What Is An Affidavit?

The affidavit is a sworn statement that lists the facts that support your position. It persuades the judge or master of why you were entitled to the order you are asking.

It’s very important to remember that your affidavit must state only facts. It does not include your opinion about certain issues. The judge or master will only consider the facts you provide in your affidavit.

So, make sure to put much effort into it and get self-represented coaching.

The affidavit must be relevant to the subject of your application. The same applies to exhibits that you attach to your affidavit exhibits. They support your application.

For example, an affidavit should not contain legal arguments of law that support your position. The affidavit should not include a discussion of case law or legislation.

BC Court Applications

The application record contains copies of all the documents you’ve filled at the court registry. Collect and organize your documents. Imagine that you’re telling your story to the judge or master.

You should be clear and logical and stick to the facts.

Think about the difference between facts and opinions. If you can put the words “I think” before your statement, it’s probably an opinion. Therefore, it should not be included in the material attached.

Chambers hearings

The judge or master needs a reason to make the order you seek. Therefore, be concise and keep your documents short. There is only a limited amount of time to hear your case.

In the courthouse lobby, there will be a paper on the wall. It will tell you which court your application is to be heard in. In chambers, hearings start at 10 am.

Therefore, you should arrive early to find the courtroom. When you get to the courtroom, inform the court clerk that you are there.

BC Application To Supreme Court Hearings

Sit in the courtroom’s public area and wait for your case to be called. Stand when the judge or master enters the courtroom. Chambers’ applications are heard in open court, meaning other people will be present.

Applying to the Supreme Court is difficult, so get legal advice and hire a law firm to help you.

Usually, the shortest applications are heard first. The court clerk will call out your case name when it is your turn to make an application. Go to the front table and remain standing until you have introduced yourself.

The judge or master may have reviewed your file before the hearing. But they will have limited time to review your materials.

You will be given time to tell the judge or master what order you are seeking. It would be best if you referred to the highlights of your affidavit. There will not be time to read your affidavit out loud. That is why it’s important to prepare a summary in note form.

Application to the Supreme Court

This will cover what you want to say at the hearing so you can make your presentation clear and logical. The goal is to make the judge or master comfortable signing the court order.

Refer to your affidavits and summarize the information in them. Please do not read them out loud. Help the judge your master understand why he or she should pay attention to the information that you have put in your affidavits.

Sit down after you’ve made your presentation and remain quiet. Never interrupt the other party when he or she is making their presentation.

Do you feel that the other party has made some incorrect statements? Please note them and address them later when it is your turn.