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

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{{JP Boyd on Family Law How Do I TOC|expanded=other}}
{{JP Boyd on Family Law How Do I TOC|expanded=other}}
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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.


You <span class="noglossary">will</span> have to prepare a Notice of Motion to bring an application to correct an order in the Provincial Court and a Notice of Application and affidavit to correct an order in the Supreme Court. The notice <span class="noglossary">will</span> 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 <span class="noglossary">will</span> 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.
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!


In the Provincial (Family) Court, 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."
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.


In the Supreme Court, the application <span class="noglossary">will</span> 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 which should have been decided but wasn't. The scope of the Supreme Court rule is a bit broader than the Provincial Court rule.
==Provincial Court==


{{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}}
===Forms involved===
 
{| class="wikitable sortable" border="1"
|+
|-
! scope="col" class="sortable"| Number
! scope="col" class="sortable" | Name
! scope="col" class="unsortable" | Blank<br/>PDF
! scope="col" class="unsortable" | Blank<br/>Word
! scope="col" class="unsortable" | Blank<br/>HTML
! scope="col" class="unsortable" | Completed<br/>Example
! scope="col" class="unsortable" | Other Resources
|-
{{:PCFR Form 16 Notice of Motion}}
|}
 
===Steps===
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."
 
==Supreme Court==
===Forms involved===
{| class="wikitable sortable" border="1"
|+
|-
! scope="col" class="sortable"| Number
! scope="col" class="sortable" | Name
! scope="col" class="unsortable" | Blank<br/>PDF
! scope="col" class="unsortable" | Blank<br/>Word
! scope="col" class="unsortable" | Blank<br/>HTML
! scope="col" class="unsortable" | Completed<br/>Example
! scope="col" class="unsortable" | Other Resources
|-
{{:Form F31 Notice of Application}}
|-
{{:Form F30 Affidavit}}
|}
 
===Steps===
You <span class="noglossary">will</span> have to prepare a [[Form F31 Notice of Application|Notice of Application]] and [[Form F30 Affidavit|Affidavit]] to correct an order in the Supreme Court. The notice <span class="noglossary">will</span> 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 <span class="noglossary">will</span> 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 <span class="noglossary">will</span> 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===
 
You can find more information about orders in the chapter [[Resolving Family Law Problems in Court]].
 
 
{{REVIEWED | reviewer = [[Megan Ellis | Megan Ellis, QC]], June 11, 2019}}


{{JP Boyd on Family Law Navbox|type=how}}
{{JP Boyd on Family Law Navbox|type=how}}
{{Creative Commons
|title = JP Boyd on Family Law
|author = [[JP Boyd|John-Paul Boyd]] and Courthouse Libraries BC
}}


[[Category:How Do I?|F]]
[[Category:How Do I?|F]]
[[Category:Other Family Litigation Issues]]
[[Category:Other Family Litigation Issues]]
[[Category:JP Boyd on Family Law]]
{{Creative Commons for JP Boyd}}

Revision as of 23:05, 23 July 2019

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]

Forms involved[edit]

Number Name Blank
PDF
Blank
Word
Blank
HTML
Completed
Example
Other Resources
Form 16 Application for Order Prohibiting the Relocation of a Child PDF 2020

Steps[edit]

You will have to prepare a Notice of Motion to bring an application to correct an order in the Provincial Court. The notice will simply say that you're applying to correct the order of judge so-and-so, made on such-and-such a date.

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 Megan Ellis, QC, June 11, 2019.


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