New Civil Rules Promote Access to Justice

July 7, 2009

VICTORIA – New civil and family justice reforms introduced today will lower costs and increase access to B.C.’s justice system for the average citizen by making it easier to use the courts and resolve legal disputes, Attorney General Michael de Jong, QC, has announced.

“Justice needs to be affordable if it’s going to work for British Columbians. Modernizing the rules is a critical step in serving those who rely on the justice system for expedient and fair justice,” said de Jong. “The new civil and family rules have been adopted by the Province and will be fully implemented July 1, 2010.”

Under the new civil and family rules, the Province will provide up to three days of trial time before litigants are required to pay court fees. Current fees start at $156 for a half day or less. To encourage the use of mediation, court fees for filing or responding to a legal claim will be eliminated for parties that engage in mediation prior to commencing a civil action.

“Government’s endorsement of the new civil and family rules and fees is a significant step forward in making the justice system more accessible and affordable,” said Supreme Court Chief Justice Donald Brenner. “We drew on the extensive knowledge and professional expertise of many seasoned members of the judiciary, private bar and policy analysts to develop new rules. Making these changes is absolutely the right thing to do for the people who rely on the justice system to resolve disputes.”

“The seeds for today’s reforms were planted seven years ago when the B.C. Justice Review Task Force began its work,” said former Attorney General Geoff Plant, QC. “Lengthy public consultations within the justice system and with the public have produced new civil and family rules which will improve access to justice for British Columbians.”

Additional reforms include changes to rules used by B.C.’s civil courts to speed up, simplify and lower the cost of resolving disputes. These include:

• Containing legal processes so that they are proportionate to the value, importance and complexity of the case.
• Limiting the sometimes excessive questioning of parties, called oral examinations for discovery.
• Limiting the costly exchange of documents that are not directly relevant to a case.
• Allowing parties the option of having a judge set time limits on litigation events.
• Providing a new fast track process that greatly simplifies procedures when the amount in dispute is $100,000 or less or when the case can be tried in three days or less.
• Providing new family rules for minimizing family conflict, promoting co-operation and ensuring that the interests of children are paramount.
  

“We heard from all sides of this issue, and like other jurisdictions that are wrestling with similar problems, we are taking action,” said Wally Oppal, QC, former Attorney General. “The new civil and family rules put the public’s interests first by responding to their concerns about the cost and timeliness of civil justice.”

In 2004, the B.C. Justice Review Task Force created civil and family justice reform working groups to research and make recommendations for procedural reforms. The working groups included members of the private bar, judiciary, the Chief Justice of the Supreme Court, the deputy attorney general, policy analysts and others. Broad consultations were carried out on the proposed rules.

“It is clear that the status quo is not an option – reform and change are necessary,”

said William Everett, QC, chair of the B.C. Justice Review Task Force. “What has been produced was achieved through a very broad, inclusive review and consultation process and I believe the new rules pave the way to a better civil justice system in B.C."

British Columbia is reforming the civil and family justice system as part of its justice reform initiative. The new rules can be viewed shortly at: http://www.bcjusticereviewforum.ca/