Transcript HISTORICAL BACKGROUND TO CONCESSION AGREEMENT

Trials and Tribulations
of e-Searching and
e-Filing: Tales of a Pilot
Project Participant
Jude Samson
Lawson Lundell LLP
1600 Cathedral Place
925 West Georgia St.
Vancouver, BC V6C 3L2
604.631.6723 (phone)
604.641.4417 (fax)
[email protected]
INTRODUCTION
Previous meetings between CSO and
Vancouver Law Librarians
I work for Lawson Lundell
I do not work for CSO
OUTLINE
British Columbia Courts (CSO)
what it currently provides (e-Searching, daily
court lists, purchasing documents)
what it will provide (e-Filing)
public access to documents online
Federal Court
Court Index and Docket
e-Filing Pilot Project
CSO: WHAT IS IT AND WHAT DOES
IT HAVE TO OFFER?
Court Services Online (CSO) is an electronic service
introduced in support of the government strategy
to provide alternative options and added
convenience for access to government services.
E-Search: civil court files ($6.00/file); purchase documents
($10.00 each); obtain file summary reports ($6.00 each).
• Provincial and Supreme Court Civil files from 1989
onwards (except Victoria, 2002 onwards)
• Does not include Provincial Divorce or Supreme Adoption
files
• Court of Appeal Information
Daily Court Lists: access daily court lists for Provincial
Court Small Claims and Supreme Court Chambers
e-SEARCHING: How It’s Done
Search by Party Name, Deceased Name, File
Number, Date Range
• Search for Individuals, Organizations or Both
• Exact, Partial or Soundex
• Filter by location (up to 5), class (e.g., civil,
bankruptcy, divorce), level and date
Enter your file numbers
Choose from list of results (pay $6.00)
View Information
• Case Basics, Parties, Documents, Hearings and
Results, Transfers
• Purchase Documents
• Obtain File Summary Report (additional $6.00)
e-SEARCHING: an example
e-SEARCHING: an example
(See Handout, p. 1)
e-SEARCHING: an example
(See Handout, pp. 2-6)
e-SEARCHING: a real example
bcMetals Corporation
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Organization Name: bcMetals
Exact: 0 matches
Partial: 3 matches
Soundex: 124 matches
Red Chris Development Company Ltd.
• Organization Name: Red Chris
• Parial: 4 matches
• Soundex: 24
Not all documents listed
I.C.B.C. / ICBC / Insurance Corporation of BC
Inputting Errors
Persistent and not readily corrected
Alternatives?
e-Searching: Questions?
Tutorial on Services – An Example Search
• Handout, pp. 7-13
Court Services Online E-Search Tips
• Handout, pp. 14-19
Purchase Documents Online
• Handout, pp. 20-24
THE NEXT STEP: e-FILING
Filing court documents electronically
Governed by Rule 69 of the Rules of Court (pp. 25 29), Rule 22 Small Claims Rules (p. 30)
Still in the Pilot Project Phase (Supreme Court Civil
and Small Claims
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Kelowna/Vernon
Chilliwack
Victoria
Prince Rupert
Abbotsford (Small Claims Only)
Vancouver (Supreme Court Only)
Cost: $7.00/file
e-FILING: A ROCKY BEGINNING
Pilot Project Kick-Off
March 22nd versus June 23rd
Activate BCeID and Register with CSO
BCeID: single User ID and password for secure access to
online government applications.
• Account Manager can create additional User Ids for people
who want to access CSO
CSO: register with Court Services Online
• Electronic Services Agreement
• Province not responsible for user failing to meet filing
deadlines including due to inaccessibility or failure of the
system
• Multiple versions
Librarians may be ill-suited to this task
e-FILING: How It’s Done
Prepare the form offline – convert to PDF
• No signatures required, except affidavits and orders
Login to CSO and complete online form
• File number, style of cause, type of document,
registry location
Attach the document to the online form
Confirm payment amount
Submit the document for filing
Retrieve status of submitted documents
• Submitted, filed, rejected, courtesy correction
• No notification of status
• View, download, print copies of filed documents
E-FILING: Do’s and Don’ts
Documents that cannot be E-Filed:
Affidavit of Service (Provincial Court)
Chambers Record
Trial Record
Certificate of Pending Litigation
Orders under Court Order Enforcement Act
Others under Rule 69(5)
Documents that can be E-Filed:
Documents with original signatures
Affidavits, if accompanied by Form 144, with the original
documents being kept on file as prescribed by Rule 69(6)
and (7)
e-FILING: an example
(See Handout, p. 31)
e-FILING: an example
(See Handout, p. 32)
e-FILING: an example
(See Handout, pp. 33-34)
e-FILING: an example
(See Handout, p. 35)
e-FILING: an example
(See Handout, p. 36)
e-FILING: an example
(See Handout, p. 37)
e-FILING: an example
review status of filing
e-Filing: an example
review status of filing
e-FILING: an example
success!
e-FILING: QUESTIONS?
Thumbs Up
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Most documents filed within 1-2 hours
Orders (incl. desk orders) entered more quickly
Default Judgment obtained in 1-2 days
Documents filed at the time they are submitted
Thumbs Down
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Some ongoing technical problems
No notice of status change
48-hour window
Errors, lack of universal standards
Honeymoon phase
Not enough Registry staff
Searching Court Files (caution)
FEDERAL COURT:
e-Searching and e-Filing
e-Search
Search by last name, corporate name, name
of ship, court file number, intellectual
property name, related cases
Obtain information concerning court file
number, names of parties and counsel,
related cases, filing date and city, summary
of case history (“recorded entries”)
FEDERAL COURT:
e-Searching and e-Filing
e-Filing
Pilot Project, limited to intellectual property
cases only (areas to be added in early 2007)
LexisNexis approved e-Filing service
provider
Access to documents that have been filed
electronically in their own cases
Paper copies need not be filed in certain
circumstances
Time of filing
e-SEARCHING: a Federal
Court example
e-SEARCHING: a Federal
Court example
e-SEARCHING: a Federal
Court example
e-SEARCHING: a Federal
Court example
FEDERAL COURT: QUESTIONS?
Notice to the Profession
• August 1, 2006 (pp. 38 – 39)
Annex to Notice to Profession
• Amended July 31, 2006 (pp. 40 – 47)
Vancouver
1600 Cathedral Place
925 West Georgia Street
Vancouver, British Columbia
Canada V6C 3L2
Telephone 604.685.3456
Facsimile 604.669.1620
Calgary
3700, 205-5th Avenue SW
Bow Valley Square 2
Presentation by:
Calgary, Alberta
Canada T2P 2V7
Telephone 403.269.6900
Facsimile 403.269.9494
Yellowknife
P.O. Box 818
4908 - 49th Street
Yellowknife, NWT
Canada X1A 2N6
Telephone 867.669.5500
Toll Free 1.888.465.7608
Facsimile 867.920.2206
Jude Samson