Form 32
(Rule 8-1 (4))
No.
Registry:
In the Supreme Court of British Columbia
Between
BRYAN BROWN
Appellant(s)
and
CAROL SMITH
Respondent(s)
NOTICE OF APPLICATION
Name(s) of applicant(s): ……………BRYAN BROWN……………………………
To: ……………………….................
TAKE NOTICE that an application will be made by the applicant(s) to the presiding
judge or master at the courthouse at 850 Burdett Avenue, in the City of Victoria, in the
Province of British Columbia, on ……(date)……………. at …(time)……… for the
order(s) set out in Part 1 below.
Part 1: ORDER(S) SOUGHT
1.
2.
3.
4.
Reduce the fee payable to the Crown to commence this appeal;
Reduce the security of costs required to be paid by the Appellant pursuant to
Section 8(1) of the Small Claims Act;
Reduce the sum of money required to be paid by the Appellant pursuant to
Section 8(2) of the Small Claims Act;
Extend the time limit for serving the Notice of Appeal and Notice of Hearing
on the Respondent pursuant to Section 11 of the Small Claims Act.
Part 2: FACTUAL BASIS
1.
2.
I am seeking an order to reduce the filing fee, security of costs, and sum of
money to be paid as per the Small Claims Order because I am on social
assistance and only receive $600 per month.
I am seeking an order to extend the time to serve the Notice of Appeal and
Hearing because of the time it will take me to get a court date, appear in court,
and obtain the order to reduce my fees and costs. Please see the attached
affidavit.
Part 3: LEGAL BASIS
1.
2.
Appendix C, Schedule 1 of the Supreme Court Civil Rules.
Sections 8 and 11 of the Small Claims Act.
Part 4: MATERIAL TO BE RELIED ON
Affidavit #1 of Bryan Brown, made 07/Dec/2010.
The applicant(s) estimate(s) that the application will take: 5 minutes.
This matter is within the jurisdiction of the Master.
This matter is not within the jurisdiction of the Master.
TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to
respond to this notice of application, you must, within 5 business days after service of
this notice of application or, if this application is brought under Rule 9-7, within 8
business days after service of this notice of application,
(a) file an application response in Form 33,
(b) file the original of every affidavit, and of every other document, that
(i) you intend to refer to at the hearing of this application, and
(ii) has not already been filed in the proceeding, and
(c) serve on the applicant 2 copies of the following, and on every other party of
record one copy of the following:
(i) a copy of the filed application response;
(ii) a copy of each of the filed affidavits and other documents that you
intend to refer to at the hearing of this application and that has not already
been served on that person;
(iii) if this application is brought under Rule 9-7, any notice that you are
required to give under Rule 9-7(9).
Date:
................15/Dec/2010.................
..................................................................................
Signature of [ ] applicant [ ] lawyer for
applicant(s)
To be completed by the court only:
Order made
[ ] in the terms requested in paragraphs ...................... of Part 1 of this notice of
application
[ ] with the following variations and additional terms:
...............................................................................................................
...............................................................................................................
...............................................................................................................
Date: .......[dd/mmm/yyyy]........
...................................................
Signature of [ ] Judge [ ] Master
APPENDIX
[The following information is provided for data collection purposes only and is of no
legal effect.]
THIS APPLICATION INVOLVES THE FOLLOWING:
[Specify the application type(s) included in this application.]
[ ] discovery: comply with demand for documents
[ ] discovery: production of additional documents
[ ] other matters concerning document discovery
[ ] extend oral discovery
[ ] other matters concerning oral discovery
[ ] amend pleadings
[ ] add/change parties
[ ] summary judgment
[ ] summary trial
[X] service
[ ] mediation
[ ] adjournments
[ ] proceedings at trial
[ ] case plan orders: amend
[ ] case plan order: other
[ ] experts
[X] Other – reduction of fee, security for costs, and amount to be paid as per the Small
Claims Order