Litigation Guardians, NCC, Style Of Cause, Partners

Question 1

What is the purpose of the Style of Cause/Style of Proceeding?
What elements does it have?

Answer 1

The style of cause identifies the case with four elements

1. Action Number (consists of identification letter and then 6 numbers)
2. Court Registry (the city/town of the registry which the case commenced)
3. Court Title (SC) (The Supreme Court of British Columbia
4. Parties Involved (the plaintiff is named first followed by the defendant. The entire section should be capitalized except for the “and others” between 2 or more parties

Question 2

What is Rule 22-3(5)

Answer 2

Rule 22-3(5) stands for Abbreviated Style/Short Style (of cause)

Question 3

What does Rule 22-3(5) Abbreviated Style/Short Style stand for?
When can and can it not be used?

Answer 3

Rule 22-3(5) states that the style of may be abbreviated to include the name of the first party in a class followed by “and others” (in lower case)

Abbreviated style of cause can be used on all documents EXCEPT originating documents such as NCC, Petition to the Court, Originating Requisitions, Judgments or Orders.

It is useful to save time and space on documents.

Question 4

What does Rule 22-3(6) stand for?

Answer 4

Rule 22-3(6) stand for Actions Under the Class Proceedings Act

Question 5

What does Rule 22-3(6) Actions Under the Class Proceedings Act state?

Answer 5

Rule 22-3(6) Actions Under the Class Proceedings Act states that if a proceeding is brought under the Class Proceedings Act, all documents in that case must contain the phrase

“Brought under the Class Proceedings Act RSBC 1996, c 50”

This goes in the style of cause below the last named person and above the title of the document.

Question 6

What is Rule 22-3 stand for?

Answer 6

Rule 22-3 stands for Formatting Documents.

Question 7

What rules does Rule 22-3 Formatting Documents lay out?

Answer 7

Immediately under the Style of Cause goes the title of the document which is centred between both margins and is in all caps, and either bolder or underlined.

The body of the text is usually single spaced, with double spaces between paragraphs, headings and titles.

Most documents should be fully justified (straight edges)

Left margin should be 1 1/4 inch and the right 1 inch if the document is to be bound. Otherwise 1inch margins won’t either side is standard.

Space for Stamp
The first page of every document prepared for use in a proceeding must contain a 2x2 inch space in the top left corner for the Court Date Stamp. This area must be reserved for the court date stamp which is applied by the court registry when the document is sent for filing.

Question 8

When recreating the Style of Cause, how should you write individuals names? Where do you obtain those names?

Answer 8

Names must be obtained from official documents and correctly spelled. If discrepancy arises, the lawyer may decide to list both names in the style of cause.
To list multiple names we use also known as, or otherwise known as. Never use aka or oka.

Question 9

How do we name companies in the styles of cause?

Answer 9

First we must complete a company search to ensure the correct name and spelling of the company’s prior to commencing an action. A company search will give you the official info that Registrar of Companies has on file. It will also give you the proper address for service.

Question 10

How do we name infants in the style of cause?

Answer 10

When an infant is served in a case the fact they are an infant must be evident in the style of cause as follows:
OLVIA SMITH, an infant, by her litigation guardian, Sonia Smith

Question 11

How do we name a infant and their litigation guardian when BOTH are being sued/suing?

Answer 11

We name them as follow:

OLIVIA SMITH, an infant, by her litigation guardian, Sonia Smith, and the said SONIA SMITH

Question 12

How do we name someone who is mentally incompetent in the style of cause?

Answer 12

A mentally incompetent person is named as follows:

JOHN DOE, by his litigation guardian, Victoria Doe

Question 13

How do we name a mentally incompetent person and their litigation guardian if both are suing or both are defending a proceeding?

Answer 13

We name them as follows:
JOHN DOE, by his litigation guardian, Victoria Doe, and the said VICTORIA DOE

Question 14

What does Rule 20-1 stand for?

Answer 14

Rule 20-1 stands for partnerships.

Question 15

What does Rule 20-1 Partnerships state?

Answer 15

Rule 20-1 Partnerships states that partners are jointly and severally liable.

It is always advisable when suing a partnership to name the partner ship and also the individual partners so that you can go after their individual assets.

Question 16

What do the following sub rules of Rule 20-1 Partnerships state?

Rule 20-1(1)
Rule 20-1(2)
Rule 20-1(3)
Rule 20-1(4)

Answer 16

Rule 20-1(1): Partnerships may sue or be sued in firm name - two or more people alleged to be entitled or liable may sue or be sued in the name of the firm in a high they were partner at the time of the alleged right or liability happened.

Rule 20-1(2) Service: Service of the NCC must be effected on someone who was a partner at the time of the cause of action arose or to someone who is seems to be in control and managing at a place of business of the firms. It must always be served on a person

Rule 20-1(3) Responsibility Pleading - a responding pleading or response to petition by a partnership must be done in the firms name. HOWEVER, a partner may file a responding pleading or response to petition and defend in their own name, whether they were named in the originating pleading or petition.

Rule 20-1(4) Affidavit Partners: if a firm is a party in a proceeding, any other party may service a notice requiring one of the partners to serve, within 10 days, the names of partners and addresses of all persons who were partners when the alleged liability arose.

Question 17

Define joint and several liability

Answer 17

Allows each defendant in a legal action to be responsible for the entire amount of damages that a plaintiff is seeking, regardless of each defendants degree of responsibility for the damages.
Joint and several liability is a form of liability th at is used in civil cases. The winning plaintiff may collect the entire amount rewarded to them from any one or all of the parties in various amounts until the judgment is paid in full.

This means that if any defendant does not have the money or assets to pay an equal share of the compensation, the other defendant(s) must make up and pay the difference.

Also known as the “deep pockets” rule because it has had the effect of turning lawsuits into searches to find the most financially lucrative defendants.

Question 18

What does Rule 20-2 stand for?

Answer 18

Rule 20-2 stands for Persons under Disability

Question 19

What does Rule 20-2 Persons Under Disability state?

Answer 19

Rule 20-2 states that a person y see a legal disability includes someone who is either mentally incompetent or an infant.

A person under legal disability is unable to directly prosecute or defend a proceeding on their own and must act a litigation guardian. A litigation guardian acts in their best interest and makes decisions about the disabled persons case.

Question 20

What does Rule 20-2 define an infant as?

Answer 20

An infant is anyone u see the age of minority. In BC, the age of majority is 19. Therefore, anyone 18 years or younger is considered to be an infant.

Question 21

Who can a litigation guardian be?

Answer 21

In the case of an infant, a litigation guardian MUST be a parent or other legal guardian.
In some cases, a litigation guardian is the Public Guardian & Trustee

In the case of mentally incompetent/ legally disabled adult, a litigation guardian may be:
- a friend or relative appointed to the then prior to becoming legally disabled
- appointed by a committee under the Patients Property Act
- appointed by the court

A litigation guardian MUST always be
- a resident of BC
- represented by a lawyer (unless the litigation guardian is the Public Guardian and Trustee

Question 22

What is a litigation guardian?

Answer 22

A litigation guardian is someone who acts on behalf of a legally disabled person with a lawyer. They are someone who does not have an interest adverse to that of the legally disabled

Question 23

What are these documents for and when are they used Rule 20-2(7) Consent to be a Litigation Guardian
RULE 20-2(8) Certificate of Fitness

Answer 23

Rule 20-2(7) states that a litigation guardian must sign and have a lawyer file a Consent to Act as Litigation Guardian
And Rule 20-2(8) states a lawyer acting for a person under a legal disability must sign and file a Certificate of Fitness before a proceeding

Question 24

What two forms must be signed and filed for a litigation guardian and when must they be filed by?

Answer 24

The Consent to Act as Litigation Guardian and the Certificate of Fitness must be signed and filed by a lawyer for the litigation guardian with the Notice of Civil Claim. This is so the court knows the plaintiff had a disability.
If the person with a disability is the defendant, these two forms would be filed with the Response to Civil Claim

Question 25

When is the Consent to Act as Litigation Guardian NOT required?

Answer 25

The Consent to Act as Litigation Guardian is NOT required if the litigation guardian is:

• appointed by the court
• appointed by a committee under the Patients Property Act

Question 26

What does Rule 20-2 (12) Attaining the Age of Majority state?

Answer 26

Rule 20-2(12) states that if an infant becomes the age of majority, they must file and serve an Affidavit of Attainment of Majority. This takes away the litigation guardian from the style of cause.

*note: this is the ONLY time a style of cause will change, (other than a court order to change/remove a style of cause)

Question 27

What does Rule 20-2(14) Step in Default stand for?

Answer 27

Rule 20-2(14) states that a party MUST get leave of the court before starting a proceeding against a person under legal disability.

Question 28

What does Rule 20-2(15) Service stand for?

Answer 28

Rule 20-2(15) states that unless the court otherwise orders, a party must give 10 days notice before serving a person under legal disability

Question 29

What is the Public Guardian and Trustee? (PG&T)

Answer 29

The Public Guardian and Trustee is a lawyer who is required to defend infants and persons under disability who are mentally incompetent, in court actions where no other person is available to ensure the person under legal disability’s rights are protected.

Infants and mentally incompetent do not have legal status before the court, therefore they need someone to represent them in court who has legal status.

Question 30

Settlements involving an infant

Answer 30

Claims involving an infant for $50,000.01 and over, cannot be settled without first obtaining the approval of the court. The court will make a decision based off of the recommendations of the Public Guardian & Trustee.

For claims $50,000 or under the Public Guardian & Trustee has jurisdiction to approve infant settlements without approval of the court (exclusive on interests and costs)

Question 31

What does Rule 3-2 stand for?

Answer 31

Rule 3-2 outlines the rules for serving and renewing a Notice of Civil Claim

Question 32

How long does an original Notice of Civil Claim remain in force?

Answer 32

An original NCC does not remains in force for more than 12 months

Question 33

What is the process of renewing a Notice of Civil Claim?

Answer 33

If a defendant named in the NCC has not been served in the 13 month BCC period, the court may (on the application of the plaintiff made before the 12 month period has expired) renew the original NCC. A renewed NCC must not be renewed for more than 13 months

If the plaintiff still fails to serve the defiant in that 12 month renewal period, the court may, (on application of the plaintiff made before the 12 month period has expired) may order ANOTHER renewal of the NCC for up to 12 months.

A plaintiff only gets 2 renewals for their NCC.