Effective October 1, 2026, amendments to the Supreme Court Civil Rules (the "Rules"),1 Supreme Court Family Rules,2 and Tax Appeals Regulation3 will change how chambers applications are commenced, scheduled, and prepared for hearing in British Columbia.4
The amendments were developed with the input of stakeholders, including members of the judiciary, the legal profession, government ministries and the public, in response to ongoing concerns regarding chambers delays, scheduling inefficiencies, inaccurate time estimates, and matters that are set down for hearing but ultimately do not proceed as scheduled. While the reforms include a number of procedural changes, their most significant feature is the introduction of a new "serve and file" framework that changes the sequence in which chambers applications proceed.
The Shift to a "Serve and File" Regime
Under the former Rules, applicants filed application materials with the Court before serving them on the responding party. Effective October 1, 2026, that sequence is reversed. An applicant must now serve their Notice of Application, supporting affidavits, and any other evidence before filing those materials with the Court.
The respondent then has five business days to serve an Application Response, together with any supporting affidavits or other evidence.5
Importantly, an applicant may not set an application down for hearing until each respondent has either served an Application Response or the five-business-day response period has expired.6
The practical effect of these changes is that parties will exchange positions before a hearing date is obtained. This represents a significant departure from the previous process, under which hearing dates were often secured before the parties had fully defined the issues in dispute. By requiring parties to exchange substantive materials before a matter is placed on the hearing list, the amended Rules are intended to provide both the Court and the parties with a clearer understanding of the issues in dispute and the court time required to hear the application.
The New Notice of Hearing Process
Another significant feature of the amendments is the introduction of a new court form, the Notice of Hearing of Application (Form 33.01).
Under Rule 8-1(14.4), an applicant must now set an application down for hearing by filing a Notice of Hearing of Application together with the previously served Notice of Application and supporting materials.7 In practical terms, the Notice of Hearing is a new document that formally places a matter on the Court's hearing list.
The form requires the applicant to confirm when the application materials were served, whether an Application Response has been served, or if the time for serving one has expired. It also requires information regarding scheduling, including whether the parties have agreed to the hearing date and the anticipated duration of the hearing. Where the parties cannot agree on the estimated hearing length, each party's time estimate must be identified separately.
Importantly, the Notice of Hearing of Application assumes that communication on dates and time estimates have already occurred between counsel. The practical effect of this new step in the process is that counsel will be encouraged, if not obligated, to engage in scheduling discussions proactively, and in advance of the hearing date. For this reason, the Notice of Hearing is more than an administrative document; it reflects the broader objective of the amendments by encouraging earlier coordination, more realistic scheduling, and a more efficient use of chambers time.
Revised Timelines
In addition to the new sequencing requirements, the amendments revise several other deadlines governing chambers applications.
Applicants who wish to reply to response materials must now serve reply affidavits within three business days after service of the response materials. The reply affidavits must then be filed no later than 4:00 p.m. on the business day that is two business days before the hearing. These new timelines should encourage counsel to consider whether reply is necessary in a timely manner, and minimize the prevalence of late or serial affidavits in chambers.
The timelines governing application records have also changed. Application records must now be delivered to the registry no earlier than 9:00 a.m. on the business day that is five business days before the hearing and no later than 4:00 p.m. on the business day that is two business days before the hearing.8 Similarly, application record indexes must now be served two business days before the hearing, rather than one. These new, earlier deadlines will require applicants to have their materials prepared for filing earlier, which should also improve organization.
For applications estimated to exceed two hours, additional scheduling requirements apply. The hearing date and time must be fixed by a registrar, and the Notice of Hearing must be filed within seven days after the hearing date is fixed and at least fourteen days before the hearing.
Practice Direction 75
The October 2026 amendments were accompanied by, and should also be considered alongside the Court’s Practice Direction 75 ("PD-75"), which came into effect on July 6, 2026.
While the Rules amendments primarily address procedure and scheduling, PD-75 focuses on the content and organization of chambers materials. PD-75 addresses various aspects of chambers practice, including the factual and legal basis for applications, page limits, affidavit evidence, application records, condensed books, time estimates, and costs consequences.
PD-75 emphasizes concise factual and legal bases and stresses that the Court may decline to permit a party to rely on a legal argument that lacks a sufficient basis in its materials. It also reminds counsel of their obligation to provide realistic time estimates and properly organized application records.
In addition to practice reminders, PD-75 highlights potential consequences for non-compliance, including adjournments, costs consequences, and circumstances in which the Court may dismiss an application altogether for procedural errors or non-compliance.
Taken together, PD-75 and the October 2026 amendments place increased emphasis on preparation, organization, and compliance before matters reach the hearing list.
Practical Implications
The new Rules and guidance from the Court require counsel to engage with chambers applications at an earlier stage and properly plan, schedule, and prepare before court time is booked.
From a practical perspective, counsel should expect more front-end work. Applications will require earlier consideration of hearing dates, time estimates, response materials, and overall scheduling. The new process contemplates earlier discussions between counsel and encourages parties to identify and narrow issues before matters are placed on the hearing list.
Counsel should review internal precedents and chambers checklists to ensure compliance with the new timelines and filing requirements.
Conclusion
The October 1, 2026, amendments represent the most significant changes to chambers practice in British Columbia in several years. Counsel who familiarize themselves with the new timelines, Notice of Hearing process, and the requirements of PD-75 will be better positioned to avoid scheduling issues and ensure applications proceed efficiently under the new regime.
In many respects, the amendments move chambers practice away from a traditional "file first, argue later" model and toward an "engage first, schedule later" approach. Counsel can expect earlier discussions with opposing counsel, and should place a greater emphasis on preparation, scheduling, and cooperation before court time is booked.
Footnotes
5. SCCR, 8-1(9).
6. SCCR, 8-1(14.1).
7. SCCR 8-1(14.4).
8. SCCR, Rule 8-1(15).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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