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British Columbia Civil Litigation Checklist – Sample Checklist – Case Planning Conferences
by Angela Santoro, LL.B.
6. CASE PLANNING CONFERENCES References & Practice Points
Initial
Considerations
Consider whether to request a Case Planning
Conference (“CPC”) once the pleading
period has expired.
Any party of record may request a CPC
Reference: Supreme Court Civil Rules, B.C. Reg.
168/2009 (“Rule”), Rule 5-1(1)
Consider whether your client should attend
with you in person at the first CPC, and
obtain your client’s available dates.
Reference: Rule 5-2(2)
Practice Point: While a party of record is not
required to attend a CPC if his or her counsel is
attending in person, it is good practice to have your
client attend, as much can be accomplished and he or
she will much more easily understand the aftermath.
Contact other parties of record to obtain their
available dates for a CPC.
Status/Notes:
Practice Point: Coordinating a CPC date with
opposing parties is not required, but it is good
practice as a courtesy to other counsel and to avoid
the need for rescheduling or appearing unnecessarily.
Request CPC Request a CPC by obtaining a date and time
from the registry and filing a notice of CPC
in the appropriate form.
Status/Notes:
Reference: Rule 5-1(1) and Form 19
Service Serve a notice of CPC on all other parties of
record:
o at least 35 days in advance (for the
first CPC in an action); and
o at least 7 days in advance (for any
subsequent CPCs in an action).
Status/Notes:
Reference: Rule 5-1(3)(a)
Practice Point: If a shorter service period is
necessary, consider applying for such an order by
filing a requisition and a letter setting out reasons
why the order is sought. No notice is necessary.
Reference: Rule 5-1(3) and (4)
See Special Direction #5 “Calculation of Time” at
the end of this checklist for more details on
calculation of time.
Exemption If you receive a notice of CPC, consider
whether your circumstances warrant an
application for an exemption from
attendance.
Status/Notes:
The court may grant an exemption order if:
o attendance is not reasonably possible given
the travel distance and cost of attendance;
o attendance must be excused on health or
compassionate grounds; or
o other extraordinary circumstances exist.
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Reference: Rule 5-1(2),(4) and (5) and Form 17
Case Plan
Proposals
If your client is the plaintiff, file his or her
case plan proposal and serve a copy on all
parties of record within 14 days of either
serving your notice of CPC or receiving a
notice of CPC from another party of record.
Reference: Rule 5-1(5)
A party’s case plan proposal must indicate the party’s
proposal with respect to discovery of documents,
examinations for discovery, dispute resolution
procedures, expert witnesses, witness lists, trial type,
estimated trial length and preferred trial dates.
Reference: Rule 5-1(6) and Form 20
If your client is any party of record other than
the plaintiff, file your client’s case plan
proposal and serve a copy on all parties of
record within 14 days of receipt of the
plaintiff’s case plan proposal.
Status/Notes:
Reference: Rule 5-1(5)
CPC
Preparation
Review list of potential orders that can be
made at a CPC, as well as prohibited orders,
and determine which ones to seek.
Status/Notes:
Reference: Rule 5-3(1) and (2)
Non-
Attendance
If your client has been ordered to attend a
CPC, advise that non-attendance can result
in:
o the CPC proceeding in your client’s
absence;
o adjournment of the CPC; and/or
o your client being ordered to pay costs
to one or more other parties.
Reference: Rule 5-2(6)
If another party fails to attend at a CPC that
they were ordered to attend, considering
requesting that the CPC proceed and/or that
the absent person pay your client’s costs of
attendance.
Status/Notes:
Reference: Rule 5-2(6)
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Subsequent
CPCs
For any subsequent CPCs, consider whether
you and/or your client should attend in
person or by teleconference.
Status/Notes:
Reference: Rule 5-2(3)
Amending Case
Planning Order
Consider whether to apply to for an order
amending a previous case plan order.
Status/Notes:
Reference: Rule 5-3(1)(b)
See Section 11.1 of checklist for typical chambers
application procedural steps.
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Special Direction #5:
Calculation of Time
[ Jump Back: section 6 Case Planning Conferences ]
Counsel must understand how to calculate time limits in the Supreme Court Civil Rules, B.C. Reg.
168/2009 (“Rules”) in order to meet prescribed deadlines.
If a period of less than 7 days is set out in the Rules or a court order, Sundays and statutory holidays
are not counted (see Rule 22-4(1) and the definition of “holiday” in s. 29 of the Interpretation Act,
R.S.B.C. 1996, c. 238, (“Interpretation Act”). If a period of 7 or more days is specified, all days are
counted (including Saturdays, Sundays and statutory holidays).
When time is expressed as “clear days,” or as “at least” or “not less than” a number of days, then the
first and last days are excluded. Otherwise, the first day is excluded and the last day included
(Interpretation Act, s. 25(4) and (5)).
When time is expressed as “business days”, Saturdays, Sundays and statutory holidays are excluded
(Rules 8-1(1) and 23-1(2)).
When documents are served or delivered after 4:00 pm on a particular day, they are deemed to have
been served or delivered on the next day that is not a holiday (Rule 4-2(3) and (6)).