JuNE 2005
VOLUME 17, NUMBER 3
B.C.'s Civil Justice Experiment The jury's out on "easier; faster; more affordable justice" ffective September 1, 2005, the landscape of B.C.'s civil justice system is about to change. Outgoing Attorney General Geoff Plant's parting gift to the citizens and lawyers of B.C. is a three-part reform of the court rules that govern civil procedures. While the reforms are being met with mixed response among the bar, there is no question that there is widespread interest in how the new rules will impact civil justice in the province. First and perhaps simplest among the reforms is the fact that the government can now be sued in provincial court. Previously, this required action in the more costly Supreme Court of B.C. From the perspective of citizens and businesses with legitimate claims against the government, this is a positive move -no surprise then, to see words of support in the government's news release from the Consumers Association of Canada. Second, the limit for matters to be heard in Small Claims Court is being raised from $10,000 to $25,000. This is also perceived as a positive move for the most part, as matters that previously were unaffordable to pursue with legal counsel are now within reach. The final reform is more complex, challenging and controversial; Rule 68 will be enacted in four pilot jurisdictions (Vancouver, Victoria, Prince George and Nelson), with the stated goal of streamlining Supreme Court procedures for claims under $100,000, except for class actions and family law matters. The full details of Rule 68 can be found at
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www.courts.gov.bc.ca/sc under Supreme Court Acts, Rules and Forms. Among the significant changes are new limits to pre-trial procedures; a ban on jury trials; judge-led trial management conferences with a requirement to produce in advance to all parties comprehensive trial briefs which summarize the issues and your clients' positions on the issues, a list of witnesses to be called at trial, and a summary of the evidence witnesses are expected to give; and judicial discretion to narrow the issues to be tried and impose time limits on direct and cross examination of witnesses, as well as on opening statements and final submissions. For obvious reasons, there is concern about how Rule 68 will play out in the courtrooms of B.C. On the plus side, the cost of litigation under $100,000 may decrease, allowing more potential litigants to pursue remedies with the aid of legal counsel. The new rules may also provide additional opportunities and incentives for settlement, aiding clients in achieving reasonable remedies within a shorter period of time and at less cost and stress overall. On the negative side, there is grave concern about the possible erosion of the rights of clients in defense of their case. The Canadian Bar Association, B.C. Branch asks your help in monitoring the effects of these significant changes to B.C.'s civil justice system. Please e-mail your comments to cba@bccba.org or fax to 604-669-9601 or toll-free 1-877-669-9601. BT
The
Canadian Bar Association British Columbia
www.cba.org/bc