How Do You Restore A Trial Date if You Failed to File a Trial Certificate?

Written by admin on . Posted in BCSC Civil Rule 1, BCSC Civil Rule 12, BCSC Civil Rule 22, Civil Procedure.

The BC Supreme Court Rules require a trial certificate to be filed at least 14 days before a scheduled trial date.  Failure to do so requires the matter to be removed from the trial list ‘unless the court otherwise orders‘.  Reasons for judgement were released this week by the BC Supreme Court, Nanaimo Registry, addressing the framework which permits the Court to restore a trial date after if it has been removed from the trial list.  In short the Court relied on its power under Rule 12-1(9)(b) to “fix the date of a trial proceeding” to remedy the problem.
In this weeks case (Knowles v. Lan) the Plaintiff was injured in a collision.  Prior to trial ICBC sought to have the matter adjourned but the application was dismissed.  The Plaintiff’s lawyer then forgot to file a trial certificate and the matter was removed from the trial list.  Mr. Justice Halfyard restored the trial date and in doing so provided the following reasons addressing the proper framework for such a remedy:
[24]         The first question is whether Rule 12-4 (5) gives the court power to restore a proceeding to the trial list, after it has been removed for non-compliance with Rule 12-4 (2). I would say firstly that, because of the mandatory wording in Rule 12-4, the filing of at least one trial certificate is a necessary condition for a trial to proceed. As a consequence, I do not think the court could dispense with the filing of any trial certificate, but could only grant leave to file it less than 14 days before trial.
[25]         In my opinion, a party who seeks to have a trial restored to the trial list must first obtain leave to file a trial certificate “late,” under Rule 22-4 (2). If such leave is granted, and a trial certificate is filed in accordance with the order, that filing would not have the effect of restoring the trial to the trial list from which it had been removed. Could the court make such a restoration order, under Rule 12-4 (5)?
[26]         In my opinion, Rule 12-4 (5) should be read so as to include the additional underlined words, as follows:
(5)  Unless the court otherwise orders, if no party of record files a trial certificate in accordance with sub-rule (2), the trial must be removed from the trial list.
[27]         In my view, Rule 12-4 (5) is designed to prevent an action being removed from the trial list for failure to file a trial certificate as required by subrule (2). It does not state that, if a trial has been removed from the trial list, the court may restore that trial to the trial list. Nor do I think that such a power is implicit in that subrule. In order to preserve a trial date by invoking this Rule, I think the application and the order would have to be made before the 14 day deadline. That was not done here, and so this rule cannot be relied upon…
[29]         It may be that Rule 1-3 provides inherent jurisdiction to make an order restoring this action to the trial list for March 4, 2013. But it seems to me that Rule 12-1 (9) provides specific authority to do this. Subrule (9)(b) states:
(9)  The court may
. . .
(b) fix the date of trial of a proceeding,
. . .
[30]         When this action was struck off the trial list, there was no longer any date scheduled for the trial. The subrule I have just referred to does, in my opinion, empower the court to fix a date for the trial of this proceeding which coincides with the previously – scheduled trial date of March 4, 2013. I would rely on that subrule in making the order to reinstate this action for trial on March 4, 2013.
[31]         Authority might also be found in Rule 22-7(2)(e), which states in relevant part as follows:
(2)  . . .  if there has been a failure to comply with these . . . Rules, the court may

. . .

(e) make any other order it considers will further the object of these . . .  Rules.
[32]         In my opinion, the reasons I have outlined support the orders that I made on February 27, 2013.

bc injury law, Knowles v. Lan, Mr. Justice Halfyard, Rule 1, Rule 1-3, Rule 12, Rule 12-1, Rule 12-1(9), Rule 12-1(9)(b), Rule 12-4, Rule 12-4(2), Rule 12-4(5), Rule 22, Rule 22-4, Rule 22-4(2), Trial Certificate

Comments (127)

  • use this link

    I simply want to tell you that I am just newbie to blogs and seriously liked this web site. Most likely I’m planning to bookmark your site . You certainly come with outstanding articles and reviews. Thanks for sharing your blog site.

  • W88 Thai

    Thanks for discussing your ideas. I’d also like to convey that video games have been ever evolving. Today’s technology and enhancements have made it easier to create sensible and interactive games. These kinds of entertainment games were not that sensible when the actual concept was first of all being tried. Just like other styles of technologies, video games as well have had to advance via many decades. This is testimony on the fast development of video games.

  • W88

    I really appreciate this post. I¡¦ve been looking all over for this! Thank goodness I found it on Bing. You have made my day! Thx again

  • 릴게임사이트

    I would like to thnkx for the efforts you’ve put in writing this blog. I am hoping the same high-grade blog post from you in the upcoming also. In fact your creative writing abilities has inspired me to get my own site now. Actually the blogging is spreading its wings fast. Your write up is a good example of it.

  • fotograf slubny Wadowice

    I was wondering if you ever considered changing the layout of your website? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having 1 or two images. Maybe you could space it out better?

  • Dj Taydeville

    Amazing! This blog looks exactly like my old one! It’s on a totally different subject but it has pretty much the same layout and design. Superb choice of colors!

  • venta por catalogo

    Heya i am for the first time here. I came across this board and I in finding It truly useful & it helped me out much. I’m hoping to give one thing back and help others such as you helped me.

  • crystalclutch.com

    Its like you read my mind! You appear to know a lot about this, like you wrote the book in it or something. I think that you could do with a few pics to drive the message home a bit, but instead of that, this is great blog. A fantastic read. I will certainly be back.

  • 야마토게임 sp

    Please let me know if you’re looking for a article author for your weblog. You have some really great articles and I feel I would be a good asset. If you ever want to take some of the load off, I’d really like to write some articles for your blog in exchange for a link back to mine. Please send me an e-mail if interested. Thank you!

  • poker

    Thanks for ones marvelous posting! I quite enjoyed reading it, you may be a great author.I will be sure to bookmark your blog and will eventually come back at some point. I want to encourage you continue your great work, have a nice day!

  • online poker

    There are certainly loads of details like that to take into consideration. That could be a great point to carry up. I offer the thoughts above as normal inspiration but clearly there are questions like the one you bring up where the most important thing will probably be working in honest good faith. I don?t know if greatest practices have emerged round issues like that, but I am positive that your job is clearly identified as a good game. Both girls and boys feel the impact of only a moment’s pleasure, for the rest of their lives.

  • online poker

    Hello there! Quick question that’s totally off topic. Do you know how to make your site mobile friendly? My blog looks weird when browsing from my iphone4. I’m trying to find a template or plugin that might be able to resolve this problem. If you have any recommendations, please share. Thank you!

  • online poker

    This is really interesting, You’re a very skilled blogger. I’ve joined your rss feed and look forward to seeking more of your magnificent post. Also, I’ve shared your web site in my social networks!

  • location de voiture luxe

    I do trust all the ideas you’ve introduced to your post. They are very convincing and will certainly work. Nonetheless, the posts are very short for novices. Could you please lengthen them a little from next time? Thanks for the post.

  • poker

    Hey, I think your site might be having browser compatibility issues. When I look at your blog in Ie, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, excellent blog!

  • situs poker online

    of course like your web site but you need to check the spelling on several of your posts. A number of them are rife with spelling problems and I find it very troublesome to tell the truth nevertheless I’ll certainly come back again.

  • 릴게임바다이야기

    I’ve learned some important things through your post. I’d also like to convey that there might be situation in which you will obtain a loan and do not need a cosigner such as a U.S. Student Aid Loan. But if you are getting that loan through a classic banker then you need to be made ready to have a co-signer ready to enable you to. The lenders will probably base their own decision using a few factors but the most significant will be your credit score. There are some financial institutions that will also look at your job history and come to a decision based on that but in many cases it will hinge on your scores.

  • 릴 게임

    I’m extremely impressed together with your writing abilities and also with the format to your weblog. Is that this a paid topic or did you modify it yourself? Anyway stay up the excellent quality writing, it is rare to see a great blog like this one nowadays..

  • poker

    Wonderful web site. Lots of helpful info here. I am sending it to a few friends ans also sharing in delicious. And certainly, thanks in your effort!

  • מצלמות אבטחה

    Howdy would you mind letting me know which webhost you’re using? I’ve loaded your blog in 3 completely different web browsers and I must say this blog loads a lot faster then most. Can you recommend a good internet hosting provider at a reasonable price? Thanks a lot, I appreciate it!

  • poker online

    Hi my friend! I wish to say that this post is amazing, nice written and include approximately all important infos. I’d like to see more posts like this.

  • poker online

    I do agree with all the ideas you’ve presented in your post. They are really convincing and will definitely work. Still, the posts are too short for starters. Could you please extend them a little from next time? Thanks for the post.

  • Online Marketing Manager Wien

    There are definitely a whole lot of details like that to take into consideration. That could be a great level to convey up. I supply the ideas above as basic inspiration but clearly there are questions like the one you carry up where a very powerful factor can be working in honest good faith. I don?t know if best practices have emerged round things like that, however I’m certain that your job is clearly identified as a fair game. Both girls and boys feel the influence of only a momentís pleasure, for the remainder of their lives.

  • m w88

    I’m not sure why but this site is loading extremely slow for me. Is anyone else having this problem or is it a problem on my end? I’ll check back later on and see if the problem still exists.

  • m w88

    I haven’t checked in here for a while since I thought it was getting boring, but the last several posts are good quality so I guess I’ll add you back to my daily bloglist. You deserve it my friend 🙂

  • poker online

    I do believe all the ideas you’ve presented in your post. They’re really convincing and will certainly work. Nonetheless, the posts are very short for starters. May you please prolong them a little from subsequent time? Thanks for the post.

  • agen poker online

    I know this if off topic but I’m looking into starting my own weblog and was wondering what all is required to get setup? I’m assuming having a blog like yours would cost a pretty penny? I’m not very internet smart so I’m not 100 positive. Any recommendations or advice would be greatly appreciated. Thanks

  • lån

    Pretty nice post. I just stumbled upon your blog and wanted to say that I have really enjoyed surfing around your blog posts. In any case I will be subscribing to your feed and I hope you write again soon!

  • 야마토

    Great post. I was checking constantly this blog and I am impressed! Very useful info specifically the last part 🙂 I care for such info much. I was looking for this particular information for a very long time. Thank you and good luck.

  • http://bestpornsites.guide/

    Chapter too parties its letters nor. Cheerful but whatever ladyship disposed yet judgment. Lasted answer oppose to ye months no esteem. Branched is on an ecstatic directly it. Put off continue you denoting returned juvenile. Looked person sister result mr to. Replied demands charmed do viewing ye colonel to so. Decisively inquietude he advantages insensible at oh continuing unaffected of.

  • затворы sung do

    You really make it appear so easy together with your presentation however I to find this topic to be really something that I believe I might never understand. It seems too complex and very large for me. I am taking a look forward on your subsequent publish, I will try to get the dangle of it!

  • 토토사이트

    The next time I learn a weblog, I hope that it doesnt disappoint me as much as this one. I imply, I do know it was my choice to learn, but I actually thought youd have something attention-grabbing to say. All I hear is a bunch of whining about one thing that you possibly can fix for those who werent too busy in search of attention.

  • 토토사이트

    Hi there, just became alert to your blog through Google, and found that it’s truly informative. I’m going to watch out for brussels. I will be grateful if you continue this in future. Numerous people will be benefited from your writing. Cheers!

  • HEADPHONES

    Good site! I really love how it is simple on my eyes and the data are well written. I’m wondering how I might be notified whenever a new post has been made. I’ve subscribed to your feed which must do the trick! Have a great day!

  • lifeguard training

    Hello, I think your blog might be having browser compatibility issues. When I look at your blog in Opera, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, superb blog!

  • lifeguard certification

    Very nice post. I just stumbled upon your weblog and wished to say that I have truly enjoyed surfing around your blog posts. In any case I’ll be subscribing to your feed and I hope you write again soon!

  • 안전놀이터추천

    These days of austerity in addition to relative anxiety about getting debt, some people balk about the idea of making use of a credit card in order to make acquisition of merchandise and also pay for any occasion, preferring, instead just to rely on the particular tried in addition to trusted method of making payment – cash. However, if you have the cash available to make the purchase fully, then, paradoxically, that’s the best time just to be able to use the credit card for several factors.

  • 먹튀폴리스 가족방

    Hello, Neat post. There is an issue with your website in internet explorer, would test this… IE still is the marketplace chief and a large component of other folks will miss your magnificent writing because of this problem.

  • 먹튀폴리스 검증업체

    The subsequent time I learn a blog, I hope that it doesnt disappoint me as a lot as this one. I mean, I know it was my choice to learn, but I actually thought youd have one thing fascinating to say. All I hear is a bunch of whining about something that you possibly can fix in the event you werent too busy looking for attention.

  • where to watch game of thrones

    Hey very cool web site!! Man .. Excellent .. Amazing .. I’ll bookmark your website and take the feeds also…I am happy to find a lot of useful information here in the post, we need develop more techniques in this regard, thanks for sharing. . . . . .

  • 토토사이트 추천

    Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You definitely know what youre talking about, why waste your intelligence on just posting videos to your site when you could be giving us something enlightening to read?

  • Opiekunki Dla Osob Starszych

    I have been surfing online more than three hours lately, yet I by no means discovered any fascinating article like yours. It is beautiful value enough for me. In my view, if all webmasters and bloggers made good content material as you probably did, the net will be much more useful than ever before. “I finally realized that being grateful to my body was key to giving more love to myself.” by Oprah Winfrey.

  • 먹튀폴리스 검증

    I just could not go away your website before suggesting that I actually enjoyed the standard info a person provide on your guests? Is gonna be again continuously in order to check up on new posts

  • jasa arsitek

    Admiring the hard work you put into your site and in depth information you provide. It’s great to come across a blog every once in a while that isn’t the same unwanted rehashed material. Excellent read! I’ve saved your site and I’m adding your RSS feeds to my Google account.

  • jual viagra asli

    Good day! I know this is kinda off topic but I was wondering which blog platform are you using for this site? I’m getting fed up of WordPress because I’ve had problems with hackers and I’m looking at alternatives for another platform. I would be great if you could point me in the direction of a good platform.

  • lifeguard courses

    Just want to say your article is as amazing. The clearness on your put up is just excellent and that i could suppose you are knowledgeable in this subject. Fine along with your permission allow me to take hold of your feed to stay updated with imminent post. Thanks 1,000,000 and please keep up the enjoyable work.

  • lifeguard certification

    A lot of thanks for your entire efforts on this web page. My niece really loves setting aside time for investigations and it is easy to understand why. Almost all hear all of the powerful mode you provide invaluable solutions on the web site and therefore cause participation from other individuals on this subject so my daughter is actually learning a whole lot. Have fun with the remaining portion of the new year. You are conducting a tremendous job.

  • Google

    Check beneath, are some totally unrelated sites to ours, having said that, they may be most trustworthy sources that we use.

  • 먹튀폴리스 검증업체

    Its like you learn my thoughts! You appear to understand a lot approximately this, such as you wrote the e-book in it or something. I believe that you could do with some p.c. to power the message house a little bit, however other than that, this is wonderful blog. A fantastic read. I’ll certainly be back.

  • neonbox purwokerto

    What i do not realize is in fact how you are not actually much more neatly-favored than you might be right now. You are so intelligent. You recognize therefore significantly with regards to this topic, made me personally imagine it from so many varied angles. Its like women and men are not fascinated unless it’s something to accomplish with Woman gaga! Your individual stuffs excellent. At all times handle it up!

  • dj taydeville ft crime mob free

    My programmer is trying to convince me to move to .net from PHP. I have always disliked the idea because of the expenses. But he’s tryiong none the less. I’ve been using WordPress on a variety of websites for about a year and am concerned about switching to another platform. I have heard great things about blogengine.net. Is there a way I can import all my wordpress posts into it? Any kind of help would be greatly appreciated!

  • 메이저사이트

    I have read several excellent stuff here. Definitely worth bookmarking for revisiting. I wonder how a lot attempt you set to create any such wonderful informative web site.

  • 파워볼사이트

    Heya i’m for the primary time here. I came across this board and I in finding It really helpful & it helped me out a lot. I hope to present something again and help others like you helped me.

  • judi online

    I do agree with all of the ideas you’ve presented in your post. They’re very convincing and will definitely work. Still, the posts are very short for newbies. Could you please extend them a bit from next time? Thanks for the post.

  • Google

    We like to honor a lot of other online web-sites around the net, even though they arent linked to us, by linking to them. Underneath are some webpages really worth checking out.

  • judi bola

    You can definitely see your skills within the work you write. The sector hopes for more passionate writers like you who aren’t afraid to mention how they believe. Always follow your heart.

  • alnico magnets

    whoah this blog is excellent i love reading your articles. Keep up the good work! You know, lots of people are searching around for this information, you can help them greatly.

  • 먹튀 폴리스

    I love your blog.. very nice colors & theme. Did you design this website yourself or did you hire someone to do it for you? Plz reply as I’m looking to create my own blog and would like to find out where u got this from. thanks a lot

  • dominoqq online

    Hello, i think that i saw you visited my site so i came to “return the favor”.I am trying to find things to improve my web site!I suppose its ok to use a few of your ideas!!

  • clothing

    Thank you a lot for providing individuals with remarkably nice possiblity to read articles and blog posts from this blog. It really is very fantastic plus jam-packed with fun for me personally and my office colleagues to visit your web site more than three times a week to find out the fresh things you have got. And lastly, I’m just always fascinated considering the fabulous ideas served by you. Certain 4 facts on this page are clearly the finest I’ve had.

  • graphic tees

    Howdy! Would you mind if I share your blog with my facebook group? There’s a lot of people that I think would really enjoy your content. Please let me know. Thank you

  • 먹튀검증

    F*ckin’ tremendous issues here. I am very glad to peer your post. Thanks so much and i am having a look forward to contact you. Will you kindly drop me a mail?

  • 먹튀폴리스

    Someone necessarily lend a hand to make seriously articles I would state. That is the first time I frequented your web page and to this point? I surprised with the analysis you made to make this particular put up amazing. Excellent process!

  • Google

    Check beneath, are some totally unrelated web-sites to ours, nevertheless, they may be most trustworthy sources that we use.

  • EU

    Every once in a though we choose blogs that we read. Listed beneath are the newest web pages that we pick out

  • nonton movie

    Please let me know if you’re looking for a article writer for your blog. You have some really good posts and I feel I would be a good asset. If you ever want to take some of the load off, I’d absolutely love to write some articles for your blog in exchange for a link back to mine. Please blast me an e-mail if interested. Cheers!

  • nonton movie

    I loved as much as you’ll obtain performed proper here. The comic strip is attractive, your authored subject matter stylish. nonetheless, you command get bought an nervousness over that you wish be handing over the following. in poor health definitely come more earlier once more since exactly the same just about very ceaselessly inside case you protect this hike.

  • pembesar alat vital alami

    I am extremely inspired with your writing talents as well as with the structure to your weblog. Is this a paid theme or did you customize it yourself? Either way keep up the nice high quality writing, it’s uncommon to see a great blog like this one nowadays..

  • obat kuat

    I like the valuable information you provide to your articles. I’ll bookmark your weblog and test again here frequently. I am fairly sure I will learn many new stuff proper here! Best of luck for the following!

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer