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 associate judge(s) hear applications; however, in most cases a associate judge will hear your application.

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

Key Terms

An associate judgeis appointed to the Supreme Court of BC similar to a Justice; however, associate judges 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 associate judge 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 associate judge. Make sure that you know whether your application needs to be heard by a judge. If you appear before a associate judge who cannot hear your application, you will be forced to reschedule your hearing.