Supreme Court of BC Practice Direction: Class Proceedings

  • May 11, 2022

Effective Date: 2010/07/01
Updated Date: 2022/05/11

Number: PD – 5

Summary

This Practice Direction describes the procedure for requesting the assignment of a case management judge in a proceeding that is commenced under the Class Proceedings Act. It also sets out the requirements for submission of originating process and other documents to the National Class Action Database.

Direction:

Assignment of judge

  1. The request for the assignment of a case management judge must not be made until:
    1. service of the last Response to Civil Claim, if the Response is served by the date set out in the Supreme Court Civil Rules (“Rules”), or the date set out in the Rules for service of the last Response to Civil Claim, or
    2. service of the last Response to Petition, if the Response is delivered by the date set out in the Rules for delivery, or the date set out in the Rules for delivery of the last Response to Petition.
  2. The request for the assignment of a case management judge should be made by filing with the Scheduling Manager in the registry where the action is commenced:
    1. an original and a copy of a Request for Assignment of Judge, attached as Schedule A to this direction, and
    2. either 
      1. one copy of the Notice of Civil Claim and all Responses to Civil Claim, if the latter have been filed, or
      2. one copy of the Petition and all Responses to Petition, if the latter have been filed.
  3. The Court will advise parties or counsel when a case management judge has been assigned and will direct that a case planning conference take place.

Filing with the National Class Action Database

  1. The plaintiff must submit a copy of the following documents to the National Class Action Database of the Canadian Bar Association within 10 days of service or filing, whichever is earlier:
    1. Notice of Civil Claim or Petition;
    2. application for certification; and
    3. any amendment to the foregoing.
  2. Documents submitted to the National Class Action Database of the Canadian Bar Association under paragraph 4 of this direction must be submitted electronically along with the registration form attached as Schedule B to this direction.

Christopher E. Hinkson
Chief Justice

Download PD - 5