GENERAL CIVIL LITIGATION CHECKLIST - Westla · 1 British Columbia Civil Litigation Checklist – Sample Checklist – Case Planning Conferences by Angela Santoro, LL.B. 6. CASE PLANNING

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British Columbia Civil Litigation Checklist – Sample Checklist – Case Planning Conferences

by Angela Santoro, LL.B.

6. CASE PLANNING CONFERENCES References & Practice Points

Initial

Considerations

Consider whether to request a Case Planning

Conference (“CPC”) once the pleading

period has expired.

Any party of record may request a CPC

Reference: Supreme Court Civil Rules, B.C. Reg.

168/2009 (“Rule”), Rule 5-1(1)

Consider whether your client should attend

with you in person at the first CPC, and

obtain your client’s available dates.

Reference: Rule 5-2(2)

Practice Point: While a party of record is not

required to attend a CPC if his or her counsel is

attending in person, it is good practice to have your

client attend, as much can be accomplished and he or

she will much more easily understand the aftermath.

Contact other parties of record to obtain their

available dates for a CPC.

Status/Notes:

Practice Point: Coordinating a CPC date with

opposing parties is not required, but it is good

practice as a courtesy to other counsel and to avoid

the need for rescheduling or appearing unnecessarily.

Request CPC Request a CPC by obtaining a date and time

from the registry and filing a notice of CPC

in the appropriate form.

Status/Notes:

Reference: Rule 5-1(1) and Form 19

Service Serve a notice of CPC on all other parties of

record:

o at least 35 days in advance (for the

first CPC in an action); and

o at least 7 days in advance (for any

subsequent CPCs in an action).

Status/Notes:

Reference: Rule 5-1(3)(a)

Practice Point: If a shorter service period is

necessary, consider applying for such an order by

filing a requisition and a letter setting out reasons

why the order is sought. No notice is necessary.

Reference: Rule 5-1(3) and (4)

See Special Direction #5 “Calculation of Time” at

the end of this checklist for more details on

calculation of time.

Exemption If you receive a notice of CPC, consider

whether your circumstances warrant an

application for an exemption from

attendance.

Status/Notes:

The court may grant an exemption order if:

o attendance is not reasonably possible given

the travel distance and cost of attendance;

o attendance must be excused on health or

compassionate grounds; or

o other extraordinary circumstances exist.

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Reference: Rule 5-1(2),(4) and (5) and Form 17

Case Plan

Proposals

If your client is the plaintiff, file his or her

case plan proposal and serve a copy on all

parties of record within 14 days of either

serving your notice of CPC or receiving a

notice of CPC from another party of record.

Reference: Rule 5-1(5)

A party’s case plan proposal must indicate the party’s

proposal with respect to discovery of documents,

examinations for discovery, dispute resolution

procedures, expert witnesses, witness lists, trial type,

estimated trial length and preferred trial dates.

Reference: Rule 5-1(6) and Form 20

If your client is any party of record other than

the plaintiff, file your client’s case plan

proposal and serve a copy on all parties of

record within 14 days of receipt of the

plaintiff’s case plan proposal.

Status/Notes:

Reference: Rule 5-1(5)

CPC

Preparation

Review list of potential orders that can be

made at a CPC, as well as prohibited orders,

and determine which ones to seek.

Status/Notes:

Reference: Rule 5-3(1) and (2)

Non-

Attendance

If your client has been ordered to attend a

CPC, advise that non-attendance can result

in:

o the CPC proceeding in your client’s

absence;

o adjournment of the CPC; and/or

o your client being ordered to pay costs

to one or more other parties.

Reference: Rule 5-2(6)

If another party fails to attend at a CPC that

they were ordered to attend, considering

requesting that the CPC proceed and/or that

the absent person pay your client’s costs of

attendance.

Status/Notes:

Reference: Rule 5-2(6)

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Subsequent

CPCs

For any subsequent CPCs, consider whether

you and/or your client should attend in

person or by teleconference.

Status/Notes:

Reference: Rule 5-2(3)

Amending Case

Planning Order

Consider whether to apply to for an order

amending a previous case plan order.

Status/Notes:

Reference: Rule 5-3(1)(b)

See Section 11.1 of checklist for typical chambers

application procedural steps.

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Special Direction #5:

Calculation of Time

[ Jump Back: section 6 Case Planning Conferences ]

Counsel must understand how to calculate time limits in the Supreme Court Civil Rules, B.C. Reg.

168/2009 (“Rules”) in order to meet prescribed deadlines.

If a period of less than 7 days is set out in the Rules or a court order, Sundays and statutory holidays

are not counted (see Rule 22-4(1) and the definition of “holiday” in s. 29 of the Interpretation Act,

R.S.B.C. 1996, c. 238, (“Interpretation Act”). If a period of 7 or more days is specified, all days are

counted (including Saturdays, Sundays and statutory holidays).

When time is expressed as “clear days,” or as “at least” or “not less than” a number of days, then the

first and last days are excluded. Otherwise, the first day is excluded and the last day included

(Interpretation Act, s. 25(4) and (5)).

When time is expressed as “business days”, Saturdays, Sundays and statutory holidays are excluded

(Rules 8-1(1) and 23-1(2)).

When documents are served or delivered after 4:00 pm on a particular day, they are deemed to have

been served or delivered on the next day that is not a holiday (Rule 4-2(3) and (6)).