Difference between revisions of "How Do I Fix an Error in an Order?"

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==Provincial Court==
 
==Provincial Court==
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You <span class="noglossary">will</span> have to prepare an Application for Case Management Order in Form 10, which will be used to bring an application to correct the terms of an order made under the Provincial Court Family Rules. See [https://family.legalaid.bc.ca/forms/supreme Legal Aid BC's Family Law website's online list of forms], or use the online [https://justice.gov.bc.ca/apply-for-family-order/ Apply for a Family Law Act Order] tool which will lead you through the steps and prepare a form you can then print out and file.
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===Form 10 sections==
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In section 8 of the Form 10 Application for Case Management Order, select the option "settling or correcting the terms of an order made under the rules".
  
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===Forms involved===
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In section 9 of the form, use the wording suggested in the BC Provincial Court's ''[https://www.clicklaw.bc.ca/resource/4085 Family Law Act Orders Picklist]'', which contains standard wording for orders of the Provincial Court. The standard language for correction of an order reads:
  
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<tt><blockquote>Pursuant to Rule 62(q), the Order of the Honourable Judge (name) dated (date) is amended as follows: </tt></blockquote>
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<tt><blockquote><blockquote>(a) The following term is deleted: (insert the term to be deleted)</tt></blockquote></blockquote>
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<tt><blockquote><blockquote>(b) The following term is added: (insert the new term)</tt></blockquote></blockquote>
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{{:PCFR Form 16 Notice of Motion}}
 
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===Steps===
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The application must be made with notice to the other party. If the other party agrees to the order, you can apply by consent and you can choose to have the application reviewed by a judge with or without attending a court appearance. To give notice, serve each party with a copy of the application.
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You <span class="noglossary">will</span> have to prepare a [[PCFR Form 16 Notice of Motion|Notice of Motion]] to bring an application to correct an order in the Provincial Court. The notice <span class="noglossary">will</span> simply say that you're applying to correct the order of judge so-and-so, made on such-and-such a date.  
 
  
 
The application <span class="noglossary">will</span> be made under Rule 18(8) of the Provincial Court (Family) Rules, which gives a judge the authority to correct "a clerical mistake or omission in an order."
 
The application <span class="noglossary">will</span> be made under Rule 18(8) of the Provincial Court (Family) Rules, which gives a judge the authority to correct "a clerical mistake or omission in an order."
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{{REVIEWED | reviewer = [[Maryam Sodagar]], September 21, 2023}}
  
 
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[[Category:Other Family Litigation Issues]]
 
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Revision as of 21:43, 9 November 2023

JP Boyd on Family Law
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This page is
from the Clicklaw Wikibook
JP Boyd on Family Law.
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Getting Started
Introduction · Family Law in BC
Definitions · Legislation
Divorce Act Basics · Family Law Act Basics
Chapters
Helpful Guides & Common Questions
Other Litigation Issues
 · Schedule Family Management Conference?

 · Schedule a Judicial Case Conference?

 · Get a Needs of the Child Assessment?

 · Get a Report about a Child's Views?

 · Find a Court Document?

 · Fix an Error in an Order?

 · Say That I'm Representing Myself?

 · Change My Address for Service?
Court Forms & Documents
Supreme Court: Forms & Examples
Provincial Court: Forms & Examples
Other Family Law Forms & Documents
v • d • e

If you've found a mistake in an order that has been entered in court, whether an order of the Provincial Court or of the Supreme Court, you must apply to court to correct the order. Applications like these are limited to clerical errors or omissions; applying to correct an order is not a short cut to an appeal of the order!

Applications to correct orders are usually limited to things such as misspellings, incorrect dates, or bits of the oral order that were left out of the written order.

Provincial Court[edit]

You will have to prepare an Application for Case Management Order in Form 10, which will be used to bring an application to correct the terms of an order made under the Provincial Court Family Rules. See Legal Aid BC's Family Law website's online list of forms, or use the online Apply for a Family Law Act Order tool which will lead you through the steps and prepare a form you can then print out and file.

=Form 10 sections[edit]

In section 8 of the Form 10 Application for Case Management Order, select the option "settling or correcting the terms of an order made under the rules".

In section 9 of the form, use the wording suggested in the BC Provincial Court's Family Law Act Orders Picklist, which contains standard wording for orders of the Provincial Court. The standard language for correction of an order reads:

Pursuant to Rule 62(q), the Order of the Honourable Judge (name) dated (date) is amended as follows:

(a) The following term is deleted: (insert the term to be deleted)

(b) The following term is added: (insert the new term)

The application must be made with notice to the other party. If the other party agrees to the order, you can apply by consent and you can choose to have the application reviewed by a judge with or without attending a court appearance. To give notice, serve each party with a copy of the application.

The application will be made under Rule 18(8) of the Provincial Court (Family) Rules, which gives a judge the authority to correct "a clerical mistake or omission in an order."

Supreme Court[edit]

Forms involved[edit]

Number Name Blank
PDF 		Blank
Word 		Blank
HTML 		Completed
Example 		Other Resources
Form F31 Notice of Application PDF DOC HTML PDF DOC (fillable)
Form F30 Affidavit PDF HTML PDF DOC (fillable)

Steps[edit]

You will have to prepare a Notice of Application and Affidavit to correct an order in the Supreme Court. The notice will simply say that you're applying to correct the order of judge or master so-and-so, made on such-and-such a date. The affidavit will simply discuss the problem in the order and provide some proof about what the order ought to say, such as the court clerk's notes from the original hearing. Ask the registry to see the clerk's notes.

In the Supreme Court, the application will be made under Rule 15-1(18) of the Supreme Court Family Rules, also called the slip rule, which gives the court the authority to correct a "clerical mistake" in an order resulting from "an accidental slip or omission." This rule also allows the court to amend an order to decide an issue that should have been decided but wasn't. The scope of the Supreme Court rule is a bit broader than the Provincial Court rule.

More information[edit]

You can find more information about orders in the chapter Resolving Family Law Problems in Court.


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Maryam Sodagar, September 21, 2023.


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Marriage, Separation & Divorce
Avoiding an Obligation
Alternatives to Court
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Miscellaneous
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Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

(1) In law, an unintentional act or failure to act arising from a misunderstanding of the true state of affairs, from ignorance, or from an error not made in bad faith. (2) In contract law, an unintentional misunderstanding as to the nature of a term agreed to in a contract that may justify setting aside all or part of the contract. See "bad faith" and "contract."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

In law, a person named as an applicant, claimant, respondent, or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

In law, a failure to do something, whether the failure was intentional or unintentional.

Since January 2024, these provincially-appointed judicial officials of the BC Supreme Court are now called associate judges. They serve a similar role as justices of the BC Supreme Court, but have limited jurisdiction. Associate judges are usually charged with making interim decisions before final judgment in a court proceeding, and certain decisions after final judgment, including the assessment of lawyers' bills and the settling of bills of cost. See "interim application," "judge" and "jurisdiction."

(1) Information which establishes or tends to establish the truth of a fact, or (2) the conclusion of a logical argument. See "evidence" and "premises."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

(1) A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched, and reviewed, or (2) a courthouse.

To change or alter a pleading or document that has already been filed in court or given to the other party. The resulting document is a separate document from the original and is called, for example, the "Amended Notice of Family Claim" or the "amended separation agreement."

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