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One of the most common ways of appearing before a court in British Columbia is undergoing a significant change.
Applications are the method by which most court attendances are addressed other than trials. Effective October 1, 2026, the procedure for bringing applications1 will change fundamentally.
On June 26, 2026, the Lieutenant Governor in Council approved2an amendment to the Supreme Court Civil Rules3 (“SCCR”), the Supreme Court Family Rules4 (“SCFR”) and the Tax Appeals Regulation5 to change how applications will be brought before the court.
The most significant change to the SCCR is the introduction of a new “serve and file” procedure for chambers applications, which replaces the current “file and serve” approach. Under the new “serve and file” approach, parties must exchange application materials before setting an application for hearing and before filing materials.
Other key amendments coming into effect on October 1, 2026, include extended timelines, revised hearing scheduling requirements, and updated court forms.
The new “serve and file” procedure for chambers applications
Under the current rules, a party files its application materials with the court after which it serves them on the opposing party. Application materials must be served at least eight business days before the hearing date, and the opposing party then has five business days after service to file an application response.6
Under the amended rules, parties must first exchange materials with each other before setting an application for hearing and before filing with the court. This means that parties must now:
- Serve the application: A party wishing to bring an application must serve the notice of application and supporting affidavits on the application respondent before filing the materials with the court.
- Serve the response: The application respondent must serve its application response and supporting affidavits on the applicant within five business days of receipt of the application materials and before filing the materials with the court.
- Set the application for hearing: The applicant must not file the materials or set the hearing until the application respondent has served its materials, or the time for doing so has expired. The applicant sets the application for hearing by filing the notice of application and supporting affidavits with the court, and filing and serving a notice of hearing of application (a new Form 33.01). The form requires the applicant to provide details about service of materials, agreed-upon hearing dates, time estimates, and jurisdictional information.
The purpose of this change is to have the parties exchange substantive materials before the matter is placed on the court’s hearing list, which should give the court and the parties a clearer picture of the issues and the time required.
The changes are designed to facilitate timely access to chambers and to support efficient use of court time. By encouraging early discussions between parties and counsel, the process aims to focus the issues in dispute, improve time estimates, reduce adjournment applications, and decrease the number of matters set down that do not proceed to hearing.
Other notable amendments to the SCCR
In addition to the “serve and file” procedure, the Lieutenant Governor in Council7 also introduced a number of other amendments to the SCCR. The following is a summary of the most notable changes.
Extended timelines
Multiple provisions across the SCCR are amended to extend the timelines to deliver and serve materials. In particular, application8 and petition9 records must now be delivered to the registry at least five business days before the hearing date (up from three full business days) and no later than 4:00 p.m. on the business day that is two business days before the hearing (up from one full business day). Similarly, application10 and petition11 record indexes must now be served two business days in advance, rather than one full business day.
Hearing scheduling
Applications under two hours will now default to a hearing time of 9:45 a.m. on regular chambers days.12
Adjourned applications
The window for re-filing application records for adjourned applications is now extended. Materials for an adjourned application must be returned to the registry no earlier than 9:00 a.m. on the business day that is five business days before the new date for the hearing and no later than 4:00 p.m. on the business day that is two business days before the new date for the hearing.
Contempt proceedings (Rule 22-8)
Rule 22-8 is updated to require personal service of unfiled application materials, consistent with the new “serve and file” framework.
Vexatious litigants (Rule 22-9)
Rule 22-9 is amended to allow a vexatious litigant to “serve or file” an application for leave, rather than only filing. This broadens access to the leave process while maintaining appropriate oversight.
Updated forms
Several forms are repealed and replaced with updated versions reflecting the new procedures and terminology, including Form 17 (Requisition — General), Form 32 (Notice of Application), Form 33 (Application Response), Form 68 (Notice of Hearing of Petition), and Form 117.1 (Requisition — Leave for Vexatious Litigants).
Practical effects
These amendments represent a meaningful shift in how chambers applications are initiated and scheduled in the B.C. Supreme Court. Given the significant change in procedure that is being presented, a full understanding of the effect of these changes will be required to navigate the new Rules in the coming months.
Footnotes
1. Rule 8-1 of the SCCR
6. Rules 8-1(7)-(9)
7. OIC No. 264/2026
8. Rules 8-1(15)(e)(i).
9. Rule 16-1(11)(e)(i).
10. Rule 8-1(17).
11. Rule 16-1(12).
12. New Rule 8-1(14.2).
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