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The Rules Revision Committee has been creating an annual package of court rule amendments for many years, with implementation every July 1. The amendments for 2011 correct technical issues in the new Supreme Court family rules. The issues were noted by the bar, judiciary, Court Services Branch, the Rules Revision Committee and others. The amendments do not represent a shift in policy.
This Order in Council (OIC) responds to a newly discovered problem with the family rules for filing applications with the court. A person who complies with all of the minimum timelines set out in the rules would, in some circumstances, not have sufficient time to get the required materials to the court registry. The Rules Revision Committee has proposed new time frames, calculated in terms of “business days,” to provide adequate times for application materials and response materials to be filed and served.
Further, the OIC clarifies that the 10-page limit imposed on a notice of application does not include draft orders, as many standard draft orders are themselves numerous pages in length. If these changes are not made, some litigants may be unable to comply with the rules.