REQUEST TO TRANSFER PROCEEDINGS TO THE
SUPREME COURT
PART 1
..........................[name].........................., the Claimant/Respondent in Expropriation Board Proceeding .......................... v. .........................., Expropriation Compensation Board File # .........................., requests that the Deputy Attorney General transfer all of the Expropriation Compensation Board’s files relating to the above noted proceeding, along with a completed version of this form, to the ..................................[location].......................... Registry of the Supreme Court of British Columbia. |
||
| ................................................................. | .................................................................. | |
| Party’s Signature | Dated | |
The following is to be completed by the Deputy Attorney General or designate |
||
| ................................................................ | ................................................................. | |
| Date files sent out | Signature of Deputy Attorney General or designate | |
PART 2
| The files relating to Expropriation Board proceeding .......................... v. .........................., Expropriation Compensation Board File #.........................., have been accepted for filing at the ..................................[location].......................... Registry of the Supreme Court of British Columbia at ..................................[address]................................... | ||
| As a result of the receipt and acceptance of those files, the proceeding is deemed, under the Compensation Action Procedure Rule, to be a compensation action within the meaning of that rule and will continue as an action in the Supreme Court with the following style of proceedings: | ||
| No. .............................. | ||
| .............................. Registry | ||
| In the Supreme Court of British Columbia | ||
| Between | ||
| Plaintiff(s) | ||
| and | ||
| Defendant(s) | ||
| Subject To The Compensation Action Procedure Rule | ||
| ................................................................... | .................................................................. | |
| Date of receipt of files | Deputy Registrar | |
| Notice to Defendant: | ||
| As a result of the transfer of the files relating to above-noted Expropriation Compensation Board proceeding, the proceeding is deemed to be a compensation action and the Compensation Action Procedure Rule and the Supreme Court Rules now apply to that action in the manner set out in the Compensation Action Procedure Rule. | ||
| If you have filed a Form B with the Expropriation Compensation Board in response to the above noted Expropriation Board proceeding, the Form B is deemed to be the appearance and statement of defence in the compensation action and you are now deemed be a defendant in that compensation action. | ||
| If you have not filed a Form B with the Expropriation Compensation Board in response to the above noted Expropriation Board proceeding, you must, if you wish to respond to or defend against one or more of the claims made in that proceeding, | ||
| (a) file and deliver a statement of defence and any counterclaim to the plaintiff in the compensation action within 21 days after being served with this Request, and Rule 21 of the Supreme Court Rules, other than Rule 21 (5), applies, and | ||
| (b) include in that statement of defence your address for delivery. | ||