THE ADVOCATE 687
VOL. 79 PART 5 SEPTEMBER 2021
Also of note are some modifications concerning costs in the Proposed Rules.
Rather than the three scales that exist under the current Rules ($60, $80 and
$100), the Proposed Rules have two scales: Scale A ($110) and Scale B ($170).
Given that the current scale for most appeals is $60, this change is expected to
significantly increase a successful party’s bill of costs under the Proposed
Rules. An increase in the scale of costs for appeals was long overdue.
LOOKING FORWARD
The New Act and the Proposed Rules are a welcome modernization to appellate
practice and procedure in British Columbia. While the New Act and Proposed
Rules do not represent a sea change in how to conduct an appeal, they
provide a better organized, simpler and more comprehensive set of plainlanguage
rules for practitioners and litigants alike that will significantly
reduce the time spent trying to find particular provisions and rules—they
provide some additional “curb appeal”. While the current version of the Proposed
Rules will likely undergo further changes following the receipt of comments
from the public and bar (the comment period recently closed in
August 2021), it can be expected that the version put forward here will
remain substantially intact. Such an offering is, in our view, well received.
ENDNOTES
1. SBC 2021, c 6 New Act.
2. RSBC 1996, c 77 Old Act.
3. BC Reg 297/2001.
4. The Court of Appeal and the Attorney General have
engaged in extensive consultations with the bar and
the public on the New Act and especially the Proposed
Rules. In late 2019, the Attorney General submitted
the New Act and a previous version of the
Proposed Rules to the public for review and comment
along with a short white paper explaining the rationale
for the changes. In December 2019, the public
and the bar submitted comments to the Attorney
General on the New Act and the Proposed Rules.
However, the white paper closed its comment period
before the onset of the COVID-19 pandemic. In June
2021, the Attorney General reopened the public
consultation, which closed in August 2021.
5. While the New Act has been enacted, there is no
specific timeline for the enactment of the Proposed
Rules.
6. We refer to the most recent version of the Proposed
Rules, which are, of course, subject to further
change. See online: <https://engage.gov.bc.ca/
app/uploads/sites/121/2021/06/White-paperon
Amendments-to-the-Court-of-Appeal-Rules-
JUNE-2021.pdf>.
7. New Act, ss 13, 31; Proposed Rules, Rules 11–12.
8. Rule 11.
9. Galloway v AB, 2019 BCCA 385.
10. Sections 24–29.
11. Section 35.
12. Section 30(b).
13. Sections 30(d)(i), 24(2)(b).
14. Sections 30(d)(i), 24(2)(a).
15. Sections 30(d)(ii), 26.
16. Section 30(f).
17. For example, a party may not apply to vary an order
granting leave to appeal.
18. Section 21(3).
19. Rules 47–48.
20. Rule 47(2).
21. Rule 43.
22. Rule 44.
23. Rule 31.
24. Rules 47–48.
25. Rule 53.
26. Rule 54.
27. Rule 55.
28. Filing Written Argument in Court of Appeal Chambers
(Civil Practice Note, 1 March 2012).
29. Rule 59.
30. Rule 61.
/White-paper-on-Amendments-to-the-Court-of-Appeal-Rules-JUNE-2021.pdf
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