About Court Orders
What is a Court Order?
For the purposes of restoration, a court order is authorization from the Supreme Court of British Columbia (the court).
If the court is satisfied that it is appropriate to restore the society, the court may make an order that the society be restored and, in that order, may
- Set out any terms and conditions the court considers appropriate
- Give directions and make provisions the court considers appropriate for placing the society and every other person in the same position, as nearly as may be, as if the society had not been dissolved
When is a Court Order Needed for Restoration?
There are instances where the authority of the court is needed to restore a society. In these instances, it is necessary to apply to the Supreme Court of British Columbia for an order to restore the society.
For example, you may require a court order to:
- Restore a society that was dissolved prior to Nov. 28, 2016 and that has been dissolved for more than 10 years
- Allow a person who is not related to the society to be an applicant
- Effect the rights of persons that were acquired before the restoration
- Vest the land back to a society if the land has escheated to the crown on dissolution (and the society has been dissolved more than two years)
Note: If a court order was used to restore a society for a limited period, then a court order is required to extend the limited restoration.
Return of Corporate Property and Escheat Claims
Find information on corporate property to be returned to a restored society in section 165(1) of the Societies Act and section 4 of the Escheat Act.
For more information on escheat claims, contact the Escheat Office: 250 356-8819.
To read more about Applicants, refer to section 158 of the Societies Act
How to Apply for a Court Order
Instructions and information on the court restoration process, along with the fees required are available from British Columbia Superior Courts.
If you require assistance, contact the British Columbia Supreme Court in your area or seek legal advice.
Include court order documents when you send the completed restoration application form to BC Registries and Online Services.