Governance

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Examination Before Reporter

"An examination for discovery must be conducted before an official reporter who is empowered to administer the oath."
Rules of Court, 7-2(12)

Copy Orders

Any party not wanting to pay for copy orders — or, really, any issue with a client not wanting to pay for a transcript — send them to the Supreme Court Civil Rules, specifically Rule 7-2(26), where it says "transcript may be obtained on payment of the proper fee."

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Notice to Members: Prohibited Audio Transcription

By BCSRA | March 23, 2022

Members have been contacted by an individual seeking transcription services by an authorized reporter, the audio being “incidentally recorded” in a Residential Tenancy Branch hearing. It is noted that Rule 6.11 of the Dispute Resolution Rules of Procedures reads: 6.11  Recording prohibited Persons are prohibited from recording dispute resolution hearings, except as allowed by Rule …

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Revision of Practice Direction 17

By BCSRA | December 11, 2021

Chief Justice Hinkson has revised Practice Direction 17 – Real-Time Reporting. PD-17, which was first issued on July 1, 2010, has been updated to align with the Official Reporters (Supreme Court) Regulation made under the Court Rules Act. Changes include 14 days’ notice to the registry scheduling manager as opposed to 30 days’ notice. Want …

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Transcript Format Update for Provincial Court Family Rules

By BCSRA | May 31, 2021

Please note the transcript format update: Provincial Court (Family Rules) will be referenced as Provincial Court Family Rules in transcripts of proceedings that take place after midnight on May 16, 2021. Court reporters cannot search a court file per PCFR 174: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/120_2020#section174. References: https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 https://www.provincialcourt.bc.ca/enews/enews-11-05-2021 https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcrf-explained.pdf For more reporter-related news and events, check out bcsra.net/classifieds-news-events. …

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Update to Speaker Designations and Indiscernible Notations

By BCSRA | March 3, 2021

1. Speaker Designations Please note the update to gender-neutral colloquies and bylines. Instead of Ms. or Mr., have your speaker designations follow the format of Cnsl, first initial, period, last name. Cnsl B. Example The title of CNSL combined with the first initial and surname are to be used. The first name must be included …

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BC Court Updates (Link)

By BCSRA | March 1, 2021

Find the latest BC court updates from CanadianLawyerMag.com as of March 1, 2021.

Audio Recordings in Discovery

Rassaf v. SNC-Lavalin

Every now and then someone other than the court reporter tries to record a discovery. Justice Goepel states:

"There is no provision in the rule to allow the parties themselves to record the proceedings that take place at the examination for discovery. This is different than the rule governing trials. Pursuant to Rule 12-5(70), the court may authorize a party to use a recording device to record evidence at trial. No such rule applies in regard to examinations for discovery."

Rassaf v. SNC-Lavalin, 2013 BCSC 139 (CanLII), par. 5.

Video Recordings in Discovery

Ribeiro v. The City of Vancouver et al.

In the age of remote discoveries, the subject of videorecording is a hot-button topic. Justice Southin had this to say:

"There is no provision in the Rules of the Supreme Court of British Columbia for the order which was pronounced in this case. Since time immemorial, that is to say since examinations for discovery were first permitted in this province which I think now is about 80 or 90 years ago, they have never been filmed by any method at all. If they are to be, there must be a change in the Rules of the Court to permit or authorize such a practice, or, in my view, there must be at least a practice direction emanating from the whole of the Supreme Court of British Columbia on the point."

Ribeiro v. Vancouver (City), 2004 BCCA 482 (CanLII), par. 3.

Making an Original Transcript Available at Trial

Yurisich v. Malloy

This ruling pertains to a case where the original transcript was ordered by plaintiff's counsel at the examination of the plaintiff but defence counsel then wanted the use of the original at trial. Justice Scarth upheld that plaintiff counsel must make the original available to the court and ruled that the difference in cost of the original transcript versus the copy should be paid by the defendant:

"With respect to costs the plaintiff has, on the appeal, in essence succeeded in maintaining the position he took all along with the defendants, that is, to provide the original transcript to the Court for use at the trial if paid for the cost of that transcript.  The plaintiff is entitled to his costs of the appeal relating to the transcript issue."

Yurisich v. Molloy, 2003 BCSC 202 (CanLII), par. 21.

Good governance is the art of putting wise thought into prudent action in a way that advances the well-being of those governed.

― Diane Kalen-Sukra

True democratic governance is doing what your people want, not just what you want for your people.

― Peter-Cole C. Onele

BC Court Transcription Manual

"The British Columbia Court Transcription Manual applies to both Supreme and Provincial Court, unless otherwise stated. The Ministry may amend the British Columbia Court Transcription Manual on instructions from the Judiciary."

Accept No Substitutes

Ensure your reporter is an Official Reporter as governed by the Court Rules Act, Official Reporters Regulation (B.C. Reg. 222/84) and Supreme Court Civil Rules 7-2(12), 7-8(2)(16).

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