New Amendment to the Supreme Court Family Rules and the Supreme Court Civil Rules

Beginning October 1, 2026, the process for bringing applications under Rule 8-1 of the Supreme Court Civil Rules and Rule 10-6 of the Supreme Court Family Rules will change significantly. The current "file and serve" approach will be replaced with a "serve and file" procedure.

This procedural update is designed to improve access to both regular and long chambers by requiring parties to exchange application materials before booking a hearing and filing documents with the court.

What Will the New Process Look Like under the Supreme Court Family Rules?

Under the new serve and file procedure:

1. The applicant serves first. A party wishing to bring an application must serve its unfiled Notice of Application and supporting affidavits on the respondent before filing those materials with the court.

2. The respondent responds by serving their materials. The application respondent must serve its unfiled Application Response and supporting affidavits on the applicant within 5 business days of receiving the unfiled Notice of Application (unless the Notice of Application is made under another Rule that requires additional notice).

3. The applicant may serve unfiled reply affidavits. If the applicant so wishes, they may serve any reply affidavits within 3 business days after receiving the response materials.

4. The application is then scheduled. Once the respondent has served its materials (or the deadline for service has passed without being served), the applicant may set the application for hearing by filing the Notice of Application and supporting affidavits, and by filing and serving a Notice of Hearing of Application (F31.1).

5. Notice of Hearing of Application. The applicant must file and serve the Notice of Hearing of Application at least 4 business days before the date set for the hearing of the application.

6. The applicant files their reply affidavits. If the applicant has served unfiled reply affidavits on the respondent, they must file those affidavits no later than 4:00 p.m. on the business day that is 2 business days before the hearing.

7. The respondent files their materials. After the date on which the Notice of hearing of Application is filed, and before the commencement of the hearing, the respondent must file their materials.

8. The applicant files an Application Record. The applicant must file an application record no earlier than 9 a.m. on the business day that is 5 business days before the date set for the hearing and no late than 4 p.m. on the date that is 2 business days before the date set for the hearing.

9. The applicant serves an Application Record Index. The applicant must serve a copy of the application record index no later than 4 p.m. on the business day that is 2 business days before the date set for the hearing.

Why the Change?

The new process is intended to make better use of court resources and encourage earlier communication between parties. By requiring materials to be exchanged before an application is set for hearing, the courts aim to:

• Encourage early discussions between counsel and parties;

• Narrow the issues in dispute before the hearing;

• Improve the accuracy of hearing time estimates;

• Reduce adjournment requests; and

• Decrease the number of applications that are scheduled but ultimately do not proceed.

Overall, the changes are expected to promote more efficient case management and better use of court time.

What are the New Personal Service Rules?

The following types of applications will now need to be personally served on the application respondent:

1.      an application to change, suspend, or terminate a final order;

2.      an application to set aside or replace the whole or any part of an agreement filed under Rule 2-1(2);

3.      an application to change or set aside a determination of a parenting coordinator filed under Rule 2-1.1(1);

4.      an application to change, suspend, or terminate an arbitration award filed under Rule 2-1.2(1);

5.      an application under Rule 21-7 for an order for contempt; and

6.      an application under section 231(2) of the Family Law Act for an order that a person be imprisoned.

Looking Ahead

Lawyers and litigants should prepare for this procedural change well before it comes into effect. The new requirements place greater emphasis on early preparation and communication, making it important to plan application timelines carefully to avoid unnecessary delays.

If you regularly bring applications in the Supreme Court of British Columbia, reviewing your internal procedures now will help ensure a smooth transition to the new serve and file process on October 1, 2026.

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