Community Legal Assistance Society - BC Judicial Review Self-Help Guide

Drafting the Court’s Order

Generally the winning party drafts the court order. The only exception is when all parties are representing themselves, when sometimes the judge will ask the court registry to draft the order. Usually, if you win, you should prepare the court order.

To be able to draft the order, you will need to know exactly what the judge said. Listen carefully to the judge. Make sure to note whether the judge orders or mentions court costs. If you win the judicial review, you can assume that you are entitled to court costs unless the judge expressly says that you are not.

If you can’t remember or did not understand what the judge said, you can look at the court clerk’s notes at the court registry or through Court Services Online. If necessary, you can order a transcript of the reasons or listen to the recording of the hearing at the court registry.

To draft the order, you will need:

  • The name of the judge that heard your judicial review;
  • The date of the hearing; and
  • What the judge ordered, including whether the judge said that either party was entitled to court costs (if you think you are entitled to court costs and want to claim them, you must put it in the order).

Once you have drafted the order, it must be approved and signed by you and all the parties that appeared at the judicial review hearing, unless the court orders otherwise.

Once all the parties that appeared at the hearing have signed the order, you need to take it to the court registry and tell them that you want to file it. Keep a copy of the unfiled order for your records.

This is a blank order that you can download and fill in: Blank Order

This is a sample order that you can look at as an example: Sample Order

This website, jrbc.ca or judicialreviewbc.ca, is produced for educational purposes only. This website has information on common situations, but does not cover all possible situations. You should not rely on this website as legal advice. If you have a legal problem, you should get legal advice on your particular situation.

This website may contain inaccurate or misleading information. The law, including statutes, regulations, court rules, court practices, and court precedents can change without warning and those changes may not be reflected in this website. The Community Legal Assistance Society, its funders, its authors, its contributors, its editors, and the distributors of this website are not responsible for ensuring this website is up-to-date, ensuring the completeness or accuracy of the information contained in this website, or any form of damages or monetary loss caused by or attributed to the use of this website, including but not limited to claims based on negligence or breach of contract.

Site by the Community Legal Assistance Society. Content available under Creative Commons CC BY-NC licence. This guide is made possible by funding from the British Columbia Ministry of Justice and the Law Foundation of British Columbia. This guide was originally produced by David Mossop, Q.C.
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