British Columbia Model Order for Seizure and Safekeeping of Evidence
| Author | David A. Crerar |
| Pages | 288-307 |
APPENDIX
C
British
Columbia
Model
Order
for
Seizure
and
Safekeeping
of
Evidence
Practice
Direction
PD-47,
“
Model
Orders
”
(1
August
2015)
MODEL
ORDER
FOR
SEIZURE
AND
SAFEKEEPING
OF
EVIDENCE
1
This
Model
Order
is
prepared
in
response
to
comments
of
the
Su
preme
Court
of
Canada
in
Canadian
Bearings
Ltd
et
al
v
Celanese
Can
ada
Inc
et
al,
36,
which
endorsed
the
development
of
model
civil
search
and
seizure
Orders
(a.k.a.
“
Anton
Piller
”
Orders)
in
Can
adian
jurisdictions.
This
draft
is
intended
to
provide
guidance
to
the
British
Columbia
bench
and
bar
solely
with
respect
to
Orders
for
search,
seizure
and
preservation
of
evidence
and
not
Orders
that
combine
search
and
seizure
relief
with
other
remedies.
The
objective
of
this
Order
is
to
permit
preservation
of
evidence
for
use
in
civil
legal
proceedings
while
ensuring
fairness
of
the
civil
search
and
seizure
process
to
the
defendant.
It
contemplates
further
process
after
the
authorized
search
with
respect
to
return
and
main
tenance
of
evidence
seized.
This
model
Order
does
not
alter
the
law
1
An
early
draft
of
this
Order
was
prepared
by
Gray
and
Russell
JJ
.
It
has
been
re
vised
to
reflect
comments
of
an
Anton
Piller
Working
Group
consisting
of
Madam
Justice
Victoria
Gray;
Michael
D
Lucas,
Manager,
Policy
and
Legal
Services,
Law
Society
of
British
Columbia;
K
Michael
Stephens,
Hunter
Litigation
Chambers;
and
Robert
Dawkins,
Borden
Ladner
Gervais
LLP.
The
Working
Group
also
extends
its
thanks
to
Mr
Robert
H
Barrigar
who
provided
comments
on
the
initial
draft
or
der
and
also
to
numerous
members
of
the
profession
who
responded
to
the
Law
Society
of
British
Columbia
call
for
comments
on
the
draft
Order.
288
British
Columbia
Model
Order
for
Seizure
and
Safekeeping
of
Evidence
•
289
with
respect
to
Anton
Piller
Orders
in
the
Province
of
British
Colum
bia
and
its
terms
may
not
be
appropriate
for
all
types
of
cases.
Addi
tional,
alternative
or
related
relief
may
be
sought
and
obtained
from
the
Court.
It
is
the
responsibility
of
counsel
to
ensure
that
the
pro
posed
Order
meets
the
requirements
of
their
case
and
to
provide
evi
dentiary
support
and
judicial
authority
for
the
relief
sought,
whether
contained
in
this
model
order
or
otherwise.
[Style
of
Proceedings]
ORDER
BEFORE
THE
HONOURABLE
MR./
MADAM
JUSTICE
[Name
of
Judge]
ON
THE
APPLICATION
of
the
plaintiff
made
without
notice,
coming
be
fore
me
at
[place
of
hearing]
on
this
day,
and
on
hearing
[name],
coun
sel
for
the
plaintiff
no
other
party
having
been
served,
and
on
reading:
1.
[list
affidavits
and
any
other
material
read
at
hearing]
2.
[etc.]
AND
ON
the
plaintiff
having
undertaken
to
comply
with
the
terms
of
the
undertaking
set
out
in
Schedule
“
A"
to
this
Order,
which
among
other
things
requires
service
of
the
notice
set
out
in
Schedule
“
B
”
to
this
Order;
[AND
ON
condition
that
the
plaintiff
make
payment
into
Court
of
$,
prior
to
commencement
of
the
search
authorized
by
this
Order,
to
be
posted
as
security
for
any
Order
this
Court
may
make
as
to
damages
in
the
event
that
the
Court
is
of
the
opinion
that
the
defendant,
or
any
other
person
served
with
this
Order
has
sustained
damages
by
reason
of
this
Order
which
the
plaintiff
ought
to
pay];
2
THIS
COURT
ORDERS
AND
DIRECTS
THAT:
,
the
day
of
,
20
.
2
Security
may
not
be
necessary
in
all
cases
and
is
in
the
discretion
of
the
court.
Where
there
is
concern
about
the
sufficiency
of
the
plaintiff
’
s
undertaking
as
to
damages
security
is
more
likely
to
be
a
requirement
of
the
Order.
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