What is the current state of the law regarding “friend of the court” procedures?

British Columbia, Canada


The following excerpt is from McBurney v. Saunders, 2015 BCSC 1093 (CanLII):

I have expressed my views about this procedure on an earlier occasion in Leduc v. Leduc, 2013 BCSC 78. I will take it as read. Since that time I have only encountered one other application of this kind, on a chambers day in Vancouver. At that time a lawyer appeared purporting to act as a “friend of the court”. Counsel specifically advised that he did not appear on behalf of the applicant but to assist the court with its duties under the legislation. He was advised that the court chooses its “friends” and that Leduc had addressed the problems with the legislation. These include, the way it purports to enlist the court in the role of pro bono counsel for the applicant, and mandates an asymmetrical process wherein the applicant is relieved of any responsibility for the materials submitted, while the respondent is confronted in person and forced to explain.

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