Are you looking for help with an application to Supreme Court in British Columbia?

BC court applications can be confusing. In my opinion, they are also 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. If you are looking for help with provincial court applications, see the link.

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 all the way 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 applications to Supreme Court.

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Going To Court In British Columbia

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

Many small details can be dealt with by applications. Chamber applications are heard in open court and the hearings are audiotaped just 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. You might seek an order from a judge or master to get the other side to share information or evidence with you.

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

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

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

There is a ton of work (weeks of effort) that goes into an Application. Many people without lawyers do not take them as seriously as they should.

But to keep things simple to start, 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 come up with an order to address problems that arise in your case prior to 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?

The word “chamber” is utilized to explain the kind of hearing that is different from a trial where witnesses provide proof. 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

-Attorneys and the judge don’t wear robes

-It can be arranged any day on which the law of court sits in the chamber; the date of trial needs to be reserved with the trial scheduling division of the registry.

In chamber proceedings which begin with a notice of civil claim, usually, applications deal with technical problems which come up as your case progress, 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 be having an issue getting another party to come up with an assessment for discovery.

Assessment for discovery

So, in this event, you are able to apply to the law of court for an order that the party make documents or come up with an assessment for discovery. These are sensitive issues that can arise upon moving the case forward and are often the subjects of the application.

All applications are heard in chambers. However, this doesn’t signify that these applications are heard in the office or chambers of the judge- still, they are heard in open law of 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 to agree with another party on how to handle it, you might need to make an application 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 as well as met the deadlines that govern applications

-You have the correct documents

-You’re ready to dispute your application before a master or judge

Attorneys can assist you to figure out whether or not you need to file an application. A lawyer can also help you in finding the law which applies to your issue and, at the same time, complete the correct forms.

Keep in mind that preparing for as well as attending a chamber application will cost you not just money but also tie. First and foremost, try to address the issue without the need of resorting to a law of court application.

Who Can Make A Choice in Application?

Both masters and judges hear applications; on the other hand, in some events, the master will hear the application. If preparing the records for the application, it is vital that you affirm if the application is in the control of a master or judge.

As a whole, a master is not able to hear your application which leads to a final order. It only means that you would not come up before a master for a trial summary. Ensure that you discern if the application has to be heard by a judge.

Once you appear before a master who is not able to hear your application, you’ll be pressured to reschedule the hearing. The staff can assist you to know if a master or judge must hear the application you submitted.

Application Preparation

A big portion of application preparation is getting ready the proof which will be considered by a master or judge in making a decision whether to award the order asked in your application.

The proofs in chambers are given to the law of the court through an affidavit. Because of this, it is vital for you to record as well as keep the whole thing you do in trying to address the procedural problem you might have with another party organized.

Keep duplicates of your request letters, which include delivery slips and fax confirmations, and 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 get yourself ready to appear before the law of court on an application is to spend more time watching hearings so you are able to know how these applications are heard and presented in the law of court.

In bigger centers, chamber hearings are held daily or on set days, all through the week. You are able to 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 have to be accustomed to once you start to get your chamber application ready.

Complete Notice of Application

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

If you get an application notice from other parties, you’re the respondent. 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 hard and complex job; make sure there is a lawyer on your side to help you with this process.

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 so you can 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 of the court. During BC Court applications, it starts with a notice of application and the application response being 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 attorneys that offer self-represented coaching for family law. It can be helpful to have a lawyer review your documents before going to court.

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

Delays In The Court During Chambers Applications

If there are a lot of applications, it is possible that you will have to sit for many hours. The longer the number of minutes you write that it will take, the more likely it is that the application will be bumped.

It is not uncommon to sit in court for the whole day, and your application doesn’t get heard. The court clerk will end up giving you back your application record (the binder.) You will have to 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,” which means they no longer plan to argue their case at that time.

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 last minute. Be very careful that the opposing party doesn’t add your case to the list last minute without telling you.

It’s a good idea to make the opposing party email you with hearing times and dates. Otherwise, the opposing party might claim that they told you in person.

Sometimes the chamber’s list can 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.

Try not to do an application to the Supreme Court by yourself. 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 that you provide in your affidavit.

So, make sure to put a lot of 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 that 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 that you are seeking. Therefore, be concise and keep your documents short. There is only a limited amount of time for hearing your case.

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

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

BC Application To Supreme Court Hearings

Take a seat in the public area of the courtroom a wait for your case to be called. Stand when the judge or master enters the courtroom. Chambers’ applications are heard in open court which means that other people would be present.

Doing an application to the Supreme Court is hard, so get legal advice. 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 up 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 had limited time to review your materials.

You will be given time to tell the judge or master what order you are seeking. You should refer 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 in a clear and logical way. The goal is to make the judge or master comfortable in signing the court order.

Refer to your affidavits and summarize the information in them. Do not read them out loud. Help the judge your master understands 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? Make a note of them and address them later when it is your turn.

Author: Alistair Vigier is the CEO of ClearWay Law

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Guide to Filing an Application to the BC Supreme Court