Share on LinkedInShare on LinkedIn

ARTICLE · 14 OCTOBER 2026

New Chambers Application Framework In British Columbia: The Shift To A “Serve First” Model

McMillan LLP
McMillan LLP
Contributor
McMillan LLP

McMillan LLP

The firm : McMillan LLP is one of Canada’s leading national law firms with offices in Montreal,...

View firm profile
Explore more from McMillan LLP

Effective October 1, 2026, the Supreme Court of British Columbia will implement a fundamental procedural change requiring parties to exchange application materials before filing with the court or setting hearing dates. This reversal of the traditional "file and serve" sequence shifts much of the procedural activity to the pre-filing stage, fundamentally altering how chambers applications are initiated and managed.

CanadaLitigation, Mediation & Arbitration

Effective October 1, 2026, chambers applications in the Supreme Court of British Columbia will follow a different procedural sequence. At their core, the amendments reorder the steps parties must take when bringing an application: materials will now be exchanged between the parties before a hearing date is set and before any application materials are filed with the court. The amendments, approved by the Lieutenant Governor in Council on June 26, 2026,1 affect the Supreme Court Civil Rules (the “Civil Rules”),2 the Supreme Court Family Rules,3 and the Tax Appeals Regulation.4

Key Amendments for Civil Procedure

The centrepiece of the reforms is a reversal of the longstanding “file and serve” sequence. Under the previous procedure, applicants filed their materials with the court registry and then served filed copies on responding parties. The amended Civil Rules invert that process: applicants must first serve their materials on the other parties, allow time for a response, and only

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

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.

See more popular content from