What Rules Apply?

Last Reviewed: April 2022 Reviewed by: JES Download

There are several rules governing applications and you will need to understand how each of them applies to your case.

Part 10 of the Supreme Court Family Rules covers procedure and affidavits for chambers applications.

Read the Rules

Part 10 - Obtaining orders other than at trial.

Who Can Make a Decision in the Application?

Both judges and masters hear applications; however, in most cases a master will hear your application.

A master has a job very similar to a judge. They sit in court, hear applications, and make decisions. There are however some orders that a master can not do that a judge can. In general, a master cannot hear an application that results in a final order (one that ends the case). This means that you would not appear before a master for a summary trial.

Key Terms

A Master is appointed to the Supreme Court of BC similar to a Justice; however, Masters have different authority than Justices under the Supreme Court Act (see Section 11.3) and cannot make decisions on all the matters that Justices can. You can address a Master by saying “Your Honour”.

When preparing the documents for your application, you must state whether your application is within the jurisdiction of (in other words, can be heard by) a judge or master. Make sure that you know whether your application needs to be heard by a judge. If you appear before a master who cannot hear your application, you will be forced to reschedule your hearing.

Learn More

More information on the jurisdiction of a matter can be found in this Practice Direction 50 – Masters’ Jurisdiction.

Need Legal Help?

LIVEMon - Fri
11 AM - 2 PM
call-jesCall or Text Free