Legal BC Correction Petition

LEGAL BC CORRECTION PETITION

To the Court and Interested Parties: Petitioner Name: Respondent Name: Court File No.:

RECITALS

WHEREAS the Petitioner is a person with a direct interest in the accuracy of a British Columbia vital record identified below and has authority to apply for correction under the governing statutory scheme; and

WHEREAS the record described below contains an erroneous entry that materially misstates the registrable facts and such error causes legal or administrative prejudice to the individual named on the record; and

WHEREAS the Petitioner has assembled documentary evidence in support of the requested correction and seeks an order directing the Respondent to amend the official registration to conform to the true facts.

NOW THEREFORE

The Petitioner respectfully petitions the Court for relief as set out below and avers the following facts in support of this Petition.

1. IDENTIFICATION OF RECORD

Name currently appearing on certificate:

Name as proposed to be shown:

Date of birth: Day Month Year

Place of birth:

Registration / File number (if known):

2. RELIEF SOUGHT

The Petitioner requests an Order that the Respondent make the following correction to the official registration:

3. FACTUAL BASIS

The facts supporting this Petition are as follows. Each numbered paragraph below sets out a discrete factual allegation supported by the exhibits identified in Section 5.

4. LEGAL BASIS, JURISDICTION & AUTHORITY

The Petitioner asserts that the Court has jurisdiction to order the correction of the official registration and that the requested amendment is authorized where the record is erroneous, misleading or inconsistent with verified evidence. The Petitioner relies on the documentary evidence and declarations filed in support of this Petition and any applicable statutory authority permitting correction of vital records.

5. EXHIBITS AND EVIDENCE

The Petition is supported by the following exhibits and sworn statements which are relied upon to establish the facts set forth above.

6. NOTICE AND SERVICE

The Petitioner will serve this Petition and accompanying materials on all persons or agencies entitled to notice. Service shall be effected at the addresses below or by such other method as the Court directs.

7. RELIEF REQUESTED

The Petitioner respectfully requests that the Court enter an Order:

1. Directing the Respondent to amend the official registration to show the corrected entry as set out in Section 2;
2. Directing that a corrected certificate of registration be issued and delivered to the Petitioner and entered in the official registry;
3. Awarding the Petitioner costs of this Petition and any filing or administrative fees the Court deems appropriate; and
4. Granting such further relief as the Court considers just and proper in the circumstances.

8. CERTIFICATION

I certify under penalty of perjury that the facts stated in this Petition are true to the best of my knowledge, information and belief, and that the exhibits attached are genuine copies of the original documents.

9. GOVERNING LAW, ENTIRE AGREEMENT, SEVERABILITY

This Petition shall be governed by the laws applicable to the administration and correction of vital records in the jurisdiction in which the registration is maintained. This Petition constitutes the entire statement of the Petitioner regarding the matters addressed herein. If any provision of this Petition is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

10. AMENDMENTS, WAIVER, COUNTERPARTS

Any amendment to this Petition must be made in writing and signed by the Petitioner. No waiver of any right under this Petition shall be effective unless in writing and signed. This Petition may be executed in counterparts, each of which shall constitute an original but all of which together shall constitute one and the same instrument.

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