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 then file their materials with the court and set a hearing date.5
In practical terms, the amendments shift much of the procedural activity to the pre-filing stage. Parties will generally be required to exchange application materials and responses before a hearing date is secured. This is expected to give both the court and the parties a clearer understanding of the issues in dispute before hearing dates are scheduled, while also requiring litigants to complete more of the application process at an earlier stage.
Looking Ahead
These amendments represent a shift in how chambers applications are initiated and managed in the Supreme Court of British Columbia. While the reforms aim to reduce unnecessary hearings and encourage earlier resolution, their practical impact on persistent chambers hearing delays remains to be seen. McMillan will continue to monitor developments as the new framework takes effect.
Footnotes
1 OIC No 264/2026.
2 BC Reg 168/2009.
3 BC Reg 169/2009.
4 BC Reg 135/2024.
5 Civil Rules, Rule 8-1.
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