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

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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".


===Supreme Court===
==Supreme Court==
===Forms involved===
===Forms involved===
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{| class="wikitable sortable" border="1"

Revision as of 04:57, 11 April 2013

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
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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
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Blank
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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.

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 which should have been decided but wasn't. The scope of the Supreme Court rule is a bit broader than the Provincial Court rule.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by JP Boyd, March 24, 2013.


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JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.