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GOVERNMENT OF BRITISH COLUMBIA
Ministry of the Attorney General
POSITION DESCRIPTION
POSITION: District Registrar, Supreme Court of British Columbia
BRANCH:
Superior Courts Judiciary
PROGRAM: District Registrar, Supreme Court of British Columbia
SUMMARY
1.
A District Registrar of the Supreme Court is appointed pursuant to s. 13 of the
Supreme Court Act and has jurisdiction over various matters as specified under the
Supreme Court Civil Rules and the Supreme Court Family Rules and various
statutes.
2.
The primary function of a District Registrar is to preside at and determine
judicial hearings conducted pursuant to a statute or Rule, or as referred by a Judge
or Master of the Court.
3.
This position also involves responsibility for judicial or quasi-judicial decisions
on applications made in writing, liaison with court administrators, members of the
Bar and the public, informal assistance to members of the Court, and providing legal
and procedural direction to Court registry staff.
PROFESSIONAL QUALIFICATIONS
A District Registrar must hold a degree in law from a recognized University and have
practiced as a barrister and solicitor for at least five years, preferably in general
practice with emphasis on civil matters and litigation, or have other legal or judicial
experience to the satisfaction of the Chief Justice of the Supreme Court.
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ORGANISATION STRUCTURE AND ACCOUNTABILITY
A District Registrar is appointed under the Public Service Act. The District Registrar
reports to the Chief Justice who has general supervision and direction over the
sittings of the District Registrars and the assignment of their duties.
A decision of a District Registrar in the exercise of his or her primary function may be
subject to appeal to a Judge of the Court.
A report by a District Registrar upon a reference made by the Court is subject to
confirmation by the Court unless the Court directs that the findings be certified.
A decision made by a District Registrar when exercising his or her primary function
is subject to appeal on the grounds of error at law or in fact, or on grounds of mixed
law and fact. Reports by a District Registrar made on reference directed by a Judge
or Master of the Court may be confirmed or varied on grounds of both fact or law, or
misinterpretation of principle, as the Court determines.
The judicial and quasi-judicial matters dealt with and heard or determined by a
District Registrar involve important legal principles and in many cases very large
sums of money. There is no monetary limit to the jurisdiction of a District Registrar.
SPECIAL SKILLS
A District Registrar must have a broad knowledge of the Supreme Court Civil Rules
and the Supreme Court Family Rules and the practices and procedures of the Court,
and should have particular skill and familiarity in the following areas:
1.
The Conduct of Judicial Hearings
A District Registrar must have knowledge of and expertise with the rules of
evidence and the overall process and procedure of conducting judicial
hearings. Such hearings include, but are not limited to, examinations of
agreements and reviews of lawyers’ bills pursuant to the Legal Profession
Act; bankruptcy discharge hearings, taxations and other applications under
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the Bankruptcy and Insolvency Act; assessments of costs pursuant to the
Rules of Court; references ordered pursuant to the Rule 18-1 of the Supreme
Court Civil Rules and family law references pursuant to Rule 18 -1 of the
Supreme Court Family Rules; subpoenas to debtor; applications for the
release of garnishing orders; hearings relating to the judicial sale of land
under the Court Order Enforcement Act; passings of accounts (including the
setting of the remuneration of executors and trustees) under the Trustee Act;
and the settling of orders.
A District Registrar must be able to give oral or written reasons for the
decisions made during or following a hearing.
2.
Other Procedural Knowledge
A District Registrar must have good knowledge of pre-trial processes such as
the issuance of prejudgment garnishing orders, the granting of default
judgments, the setting aside of garnishing orders on the basis of hardship, the
granting of short leave for court applications and the transfer of proceedings
from one registry to another.
A District Registrar must also have good knowledge of the Supreme Court
Civil Rules and the Supreme Court Family Rules, procedures and practice
relating to post-trial proceedings including the settling and enforcement of
orders, and execution proceedings generally.
In addition, a District Registrar must have an understanding of the proper
drafting and use of consent orders to add a party or parties, amend pleadings,
extend or abridge time, consolidate proceedings, appoint litigation guardians,
change venue or adjourn trials or hearings.
3.
Family Law
A District Registrar must have good knowledge of the Divorce Act, the Family
Relations Act and the general law relating to the support and maintenance of
spouses and children.
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4.
Administration of Estates
A District Registrar must have good knowledge of probate practice and
procedures and a sound knowledge of the Estate Administration Act and
Trustee Act and related statutes together with the applicable law relating to
the administration of estates (including the remuneration of executors and
trustees), caveats, citations, renunciations, probate subpoenas and generally
all matters relating to the succession to property on death.
5.
Bankruptcy
A District Registrar must be qualified to accept an appointment under the
federal Bankruptcy and Insolvency Act as a Registrar in Bankruptcy. This
requires a broad knowledge of the Act and the Bankruptcy Rules, and the
practices and procedures in filing for and completing a bankruptcy, including
the filing and approval of proposals, the validity of proofs of claim, the
discharge of bankrupts, assessing of costs of a bankruptcy and the taxation of
trustees’ accounts (including fees) and solicitors’ accounts.
6.
Legal Profession Act
A District Registrar must have a good knowledge of the Legal Profession Act
and the general practice and procedure concerning the rendering of bills by
lawyers to clients. In particular, a District Registrar must have the background
and experience to assess the reasonableness of lawyers’ bills, which may
involve, among other things, an examination of the steps taken by a lawyer in
a matter, the reasonableness of any billing rate and an assessment of the
result achieved.
7.
Costs
A District Registrar must have good knowledge of the law of costs, including
party and party costs and special costs, and in particular those provisions in
the Supreme Court Civil Rules and the Supreme Court Family Rules relating
to costs. A District Registrar should have a good knowledge of and
experience with litigation expenses and disbursements, with the ability to
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quickly identify expenses that are proper and necessary and to decide the
reasonableness of those expenses.
8.
General Practice
A District Registrar must have a broad general knowledge of statute law,
common law and the Supreme Court Civil Rules and the Supreme Court
Family Rules. District Registrars must also be generally familiar with basic
accounting and accounts (including those arising in foreclosure proceedings)
as these are regularly the subject of registrars’ hearings.
ADDITIONAL APPOINTMENTS AND POWERS
A District Registrar is appointed as a registrar in bankruptcy by the Chief Justice of
the Supreme Court pursuant to s. 184 of the Bankruptcy and Insolvency Act.
A District Registrar is also an examiner by definition under Rule 13-3(5)(c) of the
Supreme Court Civil Rules and has the power to conduct the examination of a
judgment debtor pursuant to a subpoena. The examination is conducted viva voce
under oath and the examiner considers the income and property of the debtor, the
obligations he or she owes to other creditors and to his or her family, and in general
the means and ability of the debtor to pay a judgment debt. The examiner may
refuse to make any order, may order the production of documents relevant to the
issues before him/her, or may order the debtor to pay the judgment debt in one lump
sum or by periodic payments. This latter is an important function because an order
for payment made by an examiner blocks any other enforcement process by the
creditor until default is made under the order. The examiner must capably and
carefully consider his or her decision as default by the debtor in making any payment
may result in the imprisonment of the debtor for contempt.
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INTERCHANGEABILITY:
A District Registrar has province-wide jurisdiction and is expected to travel to and sit
at any location to which he or she is assigned by rota, or at the request of the Chief
Justice.
TEACHING DUTIES
A District Registrar is expected to share in the training of court registry staff at
various locations in the Province; to assist in the development of courses deemed
necessary to keep the participants up-to-date on developments in the law and
practice; and to promote uniform delivery of registrar’s services throughout the
Province.
CONCLUSION
A District Registrar must demonstrate and exercise all of the qualities expected of a
Judge or Master of the Court. These include, among others:
(1)
Expertise in the substantive area of the law being dealt with;
(2)
Expertise in the procedural rules and the rules of evidence;
(3)
Independence and impartiality;
(4)
Discretion and courtesy during hearings and in their public and private
lives; and
(5)
Maintenance of respect for the litigants, for the Court, and for the law.
These qualities are necessary to carry out effectively the judicial duties of the District
Registrar and to maintain the respect of the public for the Courts and the law
administered by the Courts. The conduct of hearings by a District Registrar is
identical to that of a Judge. Evidence taken may be by affidavit or by oral
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examination under oath. A District Registrar may rule on the admissibility of
evidence and make findings of facts that are in dispute between the parties, and
then apply the law to those facts. The amounts of money involved and the
importance of the issues to the parties are unlimited.