Thursday, 12 April 2012

Practice Resource - Consolidated "Registrar's Newsletter

Thanks to a post on Courthouse Library’s New and Notable feed, I found out that the BCSC publishes a “Registrar’s Newsletter” which is "a Question and Answer resource that is used by District Registrars and Deputy District Registrars throughout the province to help clarify registry practice with respect to a number of provincial and federal statutes and the Supreme Court Civil and Family Rules."  It is not clear whether individual Newsletters are publicly available, but the court did publish a comprehensive updated and consolidated version last week.

Overall, the Consolidated Newsletter is a wealth of useful information, for lawyers as well as paralegals, albeit there are some things in there which, in my view, do not accurate summarize the law on a particular issue.  That said, from a business litigation practice, I found a large number of very useful tidbits of information in the document, including, for example:

When a party presents an award under the Commercial Arbitration Act for filing and enforcement, what is the process?

Leave of the court is required to enforce an arbitral award. The petition for leave must be served; it cannot be done without notice.  A registrar cannot issue enforcement process until the leave has been granted by the court.
Can a garnishing order be served by fax on financial entities such as a credit union?
No. Neither the Rules nor the Court Order Enforcement Act permit service by fax on an entity who is not a party of record to a proceeding. Personal service is therefore required:
Can a garnishing order before judgment be issued in a proceeding commenced by petition?
No. Garnishing orders before judgment are only available to "a plaintiff in an action".
Royalet Mtg. v. Damar Estates (1978), 8 B.C.L.R. 24 (S.C.)
Can a judgment creditor/plaintiff request one garnishing order naming numerous garnishees?
Yes, but the garnishing order must name each garnishee and the affidavit in support should refer specifically to each garnishee. This procedure will save the judgment creditor/plaintiff filing fees in the Supreme Court and will reduce the time required to issue the garnishing order.
Is service of a notice of intended payment out on a judgment debtor's solicitor acceptable as notice under s. 13(1) of the Court Order Enforcement Act?
Section 13(2) requires that the notice "must be served personally on the judgment debtor..."