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Legal Case Files

Function

Governance

PIB

RRSDA Number

2010-003

Department

Office of the General Counsel

Description, purpose and use of records

Records relating to legal matters dealt with or submitted to a court of law or an administrative tribunal for or against the University.

Records include but are not limited to legal correspondence and pleadings, statements, demands, directions, defence, actions, subpoenas and notices to appear, orders, discharges, garnishments, rulings, etc.

Retention periods

Records Active Retention
Semi-Active Retention   Total retention Final disposition
Legal case files: Case Closed + 5 years 5 years Case Closed + 10 years Full Retention by Archives

Active = Active Retention Period, Keep in Office; Semi-Active = Semi-Active Retention period, transfer to University Records Centre; CY = Current calendar year; CFY = Current fiscal year; CS = Current semester; S/O = Superseded or obsolete; OPR = Office of Primary Responsibility; Non-OPR = All other departments

Authorities

These records are created, used, retained and managed in accordance with the following authorities:

  • University Act (RSBC 1996, c. 468)
  • Freedom of Information and Protection of Privacy Act (RSBC 1996, c. 165)
  • Limitation Act (RSBC 1996, c. 266)
  • D.J. Guth, "Retention and Disposition of Client Files: Guidelines for Lawyers" (1988) 46 The Advocate 229
  • C.J.N. Kates, "The Osgoode Society: Preservation of Legal Records" (1987) 21 L.S.U.C. Gazette 58
  • The Law Society of British Columbia, "Closed Files: Retention and Disposition" (January 2007)

Retention rationale

Applying a retention period of "CY case concluded + 10 years" is sufficient to meet the record retention guidelines formulated by the BC Law Society and the timeframes set by the Limitation Act (RSBC 1996, c. 266) for actions to be taken against the University.

Retention and filing guidelines

The BC Law Society advises that a voluminous case file be subdivided into volumes with the sub-classifications listed below.  Structuring files in this manner is recommended best practice, but it is not mandatory.  The person responsible for maintaining the files is in the best position to decide whether the effort to organize their contents in the manner described below is necessary and worthwhile.

  • Communications (notes, correspondence, and email)
  • Pleadings
  • Client documents
  • Opposing party documents
  • Case law
  • Assets (estates, family, commercial)
  • Liabilities (estates, family, commercial)
  • Drafts of agreements (commercial, family)
  • Medical evidence
  • Wage loss evidence
  • Research (non-legal information referred to at trials or hearings)

For smaller files, were the volume of records does not warrant the sub-classifications described above, simply use the right side of the file for "communications", including all notes and correspondence in chronological order, and the left side for everything else.

Related RRSDAs

Status

RRSDA is in force

Approval Date

3 Feb 2011

Last Revised Date

3 Feb 2011