ORDERS PACKAGE
At the conclusion of a chambers hearing, a trial or any other type of court hearing one of the parties (usually the successful party) is required to prepare a draft of the order made by the court which order must, unless the court otherwise orders, be approved in writing by all parties (or their lawyers) who appeared at the trial or hearing. Once an order has been prepared and approved by the required parties it is submitted to the court registry for entry. The order must be drafted in accordance with the clerk’s notes. Any party may obtain a copy of the notes from the registry. If the order is not consistent with the clerk’s notes or is not in the correct form it may be returned to the drafter for corrections. Once everything is correct the order will be entered.
The general rules with respect to orders are Supreme Court Civil Rule 13-1 and Supreme Court Family Rule 15-1.
Supreme Court Civil Rule 13-1(3) sets out what form of order should be used and reads as follows:
Form of order
(3)Unless these Supreme Court Civil Rules otherwise provide,
a)an order made without a hearing and by consent must be in Form 34,
b)an order made after a trial must be in Form 48, and
c)any other order must be in Form 35
Supreme Court Family Rule 15-1(1) sets out the correct form of orders for a family law case and reads as follows:
Form of order
(1)Unless these Supreme Court Family Rules otherwise provide, an order must be in thefollowing form:
a)if the order is a final order,
- in Form F33 if the order changes, suspends or terminates a final order and is made by consent,
- in Form F51 if the order changes, suspends or terminates a final order and is not made by consent,
- in Form F34 if the order is made under Rule 10-8 without notice and without a hearing, or
- in Form F52 in any other case;
b)if the order is not a final order and is made without a hearing and by consent, in Form F33;
c)if the order is not a final order and is made under Rule 10-8 without notice and without a hearing, in Form F34;
d.1)if the order is a protection order under section 183 of the Family Law Act, in Form F54;
d.2)if the order is a change of a protection order under section 187 of the Family Law Act, in Form F54.1;
d.3)if the order is a restraining order under section 46 of the Family Law Maintenance Enforcement Act, in Form F54.2;
d.4)if the order is made under Rule 7-1(15) at a judicial case conference, in Form F51.1;
e)for any order not referred to in paragraph (a), (b), (c) or (d.1), (d.2) or (d.3), in Form F51.
Drafting court orders is not always a straightforward task. Court registry staff are not legally trained and therefore are unable to assist you with drafting your order. Depending on the complexity of the order you are drafting, you may wish to seekthe help of a lawyer to draft your order. If you wish to draft your own order, the following is a list of resources that may assist you in drafting the order.
The Justice Education Society has a website ( detailed information in guidebooks about representing yourself in Supreme Court.
This includes a guidebook called “Drafting Orders. The link for that guidebook is:
Clicklaw is another helpful website( that provides legal information
The Continuing Legal Education Society of British Columbia has a number of different manuals, some of which are specific to certain areas of the law. These include theBC Family Practice Manual which includes samples of draft orders for parenting arrangements, access, child maintenance and many others. There is also a manual available from the Continuing Legal Education Society of British Columbia titled, “Supreme Court Chambers Orders”, which includes precedents for many of the more common types of orders pronounced in chambers. A number of these manuals are available in the courthouse libraries.
The orders included in this package are templates. In order for your order to be accepted by the registry for filing and entry, you will need to prepare a “clean” copy of your order removing all of the instructions that appear in italics as well as any paragraphs that do not apply. The below link is to the Ministry of Justice website where you will find online fill able forms which you may find helpful in preparing your order. You will need to select the link leading to either Supreme Court “Civil” or “Family” depending on what type of proceeding you are involved in:
Included in this package are the following forms of orders:
1)Supreme Court Civil Form - Form 35
2)Supreme Court Civil Form – Form 48
3)Supreme Court Family Form - Form F51
4)Supreme Court Family Form – Form F52
Form 35
No......
...... Registry
In the Supreme Court of British Columbia
Between
Plaintiff/Petitioner
and
Defendant/Respondent
ORDER MADE AFTER APPLICATION
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]
) THE HONOURABLE JUSTICE ...... )
) or A JUDGE OF THE COURT )
BEFORE) or) ....[dd/mmm/yyyy]....
) MASTER ...... )
) or A MASTER OF THE COURT)
[Select whichever one of the 3 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]
ON THE APPLICATION of ...... [party(ies)]...... coming on for hearing at ...... on ...... [dd/mmm/yyyy]...... and on hearing ...... [name of party/lawyer]...... and ...... [name of party/lawyer]...... ;
ON THE APPLICATION of ...... [party(ies)]...... without notice coming on for hearing at ...... on ...... [dd/mmm/yyyy]...... and on hearing ...... [name of party/lawyer]...... ;
ON THE APPLICATION of ...... [party(ies)]...... without a hearing and on reading the materials filed by ...... [name of party/lawyer]...... and ...... [name of party/lawyer]...... ;
THIS COURT ORDERS that:
[If any of the following orders are by consent, indicate that fact by adding the words “By consent,” to the beginning of the description of the order.]
1.
2.
3.
THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:
[A signature line in the following form must be completed and signed by or for each approving party.]
......
Signature of
party lawyer for ......
[name of party(ies)]
...... [type or print name]......
......
Signature of
party lawyer for ......
[name of party(ies)]
...... [type or print name]......
By the Court.
......
Registrar
Form 48
No......
...... Registry
In the Supreme Court of British Columbia
Between
Plaintiff/Petitioner
and
Defendant/Respondent
ORDER AFTER TRIAL
) )...... day, the
BEFORE) THE HONOURABLE JUSTICE ...... ) ...... day of
) )...... , 20....
THIS ACTION coming on for trial at ...... , on
...... , and on hearing ......
[dd/mmm/yyyy] [name of party/lawyer]
and ...... , [add the following if applicable: AND
[name of party/lawyer]
JUDGMENT being reserved to this date]:
THIS COURT ORDERS that:
[If any of the following orders are by consent, indicate that fact by adding the words “By consent,” to the beginning of the description of the order.]
1.
THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:
[A signature line in the following form must be completed and signed by or for each approving party.]
......
Signature of
party lawyer for ......
[name of party(ies)]
......
[type or print name]
......
Signature of
party lawyer for ......
[name of party(ies)]
......
[type or print name]
By the Court.
......
Registrar
Form F51
Court File No.: ......
Court Registry: ......
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER MADE AFTER APPLICATION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]
) THE HONOURABLE JUSTICE )
) or A JUDGE OF THE COURT )
BEFORE) or) .....[dd/mmm/yyyy]
) MASTER)
) or A MASTER OF THE COURT)
[Select whichever one of the 2 following provisions is correct, complete the selected provisions and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]
ON THE APPLICATION of ...... [party(ies)]...... coming on for hearing at ...... on ...... [dd/mmm/yyyy]...... and on hearing ...... [name of party/lawyer]...... and ...... [name of party/lawyer]...... ;
ON THE APPLICATION of ...... [party(ies)]...... without notice coming on for hearing at ...... on ...... [dd/mmm/yyyy]...... and on hearing ...... [name of party/lawyer]...... ;
THIS COURT ORDERS that:
[If any of the following orders are by consent, indicate that fact by adding the words “By consent,” to the beginning of the description of the order] [If this order is to rescind, change or suspend a final order, identify the judge by whom and the date on which that order was made.] [For each order, if any, made for custody, parenting arrangements, child support or spousal support, indicate whether the order is made under the Divorce Act or the Family Law Act.].
1.
2.
3.
THE PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:
[A signature line in the following form must be completed and signed by or for each approving party.]
......
Signature of party lawyer for ......
[name of party(ies)]
...... [type or print name]......
......
Signature of party lawyer for ......
[name of party(ies)]
...... [type or print name]......
By the Court.
......
Registrar
Form F52
Court File No.: ......
Court Registry: ......
In the Supreme Court of British Columbia
Claimant:
Respondent:
FINAL ORDER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]
) THE HONOURABLE JUSTICE)
) or A JUDGE OF THE COURT )
BEFORE) or) ....[dd/mmm/yyyy]....
) MASTER)
) or A MASTER OF THE COURT)
[Select whichever one of the 4 following provisions is correct, provide any required information and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]
This family law case coming on for trial at ...... , on .....[dd/mmm/yyyy]...., and on hearing ...... , [add the following if applicable: the lawyer for] the claimant and ...... , [add the following if applicable: the lawyer for] the respondent, and on considering the evidence put forward [add the following if applicable: AND JUDGMENT being reserved to this date];
This family law case coming on for hearing at ...... on .....[dd/mmm/yyyy]...... and on hearing ...... [name of party/lawyer]...... and ...... [name of party/lawyer]...... , and on considering the evidence put forward;
This family law case coming one for summary trial under Rule 11-3 of the Supreme Court Family Rules at ……………….. on …[dd/mmm/yyyy]……., and on hearing ……..[name of party/lawyer]…… and ……..[name of party/lawyer]……., and on considering the evidence put forward;
This family law case coming on as an undefended family law case without an oral hearing under Rule 10-10 of the Supreme Court Family Rules, and on considering the evidence put forward;
THIS COURT ORDERS that
[If a divorce is granted, select whichever one of the 2 following provisions is correct, complete the selected provision and remove the provision that has not been selected so that it does not appear in the form when the form is filed. If a divorce is not granted, remove both the following provisions so that they do not appear in the form when the form is filed.]
Subject to section 12 of the Divorce Act (Canada), the claimant, ...... [name]...... , and the respondent, ...... [name]...... , who were married at ...... [place]...... on .....[dd/mmm/yyyy]...... , are divorce from each other, the divorce to take effect on the 31st day after the date of this order.
Subject to section 12 of the Divorce Act (Canada), the claimant, ...... [name]...... , and the respondent, ...... [name]...... , who were married at ...... [place]...... on ...... [dd/mmm/yyyy]...... , are divorce from each other, the divorce to take effect on ....[dd/mmm/yyyy]......
THIS COURT ORDER that
[If orders other than or in addition to divorce orders are made, set out, in numbered paragraphs, the terms of all orders other than divorce orders.] [If any of the following orders are by consent, indicate that fact by adding the words “By consent,” to the beginning of the description of the order.] [For each order, if any, made for custody, parenting arrangements, child support or spousal support, indicate whether the order is made under the Divorce Act or the Family Law Act.] [If no orders other than divorce orders are made, remove this provision so that it does not appear in the form when the form is filed.]
1.
2.
3.
THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT INDICATED ABOVE AS BEING BY CONSENT:
[A signature line in the following form must be completed and signed by or for each approving party.]
......
Signature of party lawyer for ......
[name of party(ies)]
...... [type or print name]......
......
Signature of party lawyer for ......
[name of party(ies)]
...... [type or print name]......
By the Court.
......
Registrar