BC Supreme Court: New Serve Then File Rule Takes Effect October 1

• The BC Supreme Court will implement a new "serve, then file" rule for chambers applications in civil and family proceedings, effective October 1.
• This procedural change requires parties to share application materials with the opposing side for response before a hearing date can be scheduled.
• Attorney General Niki Sharma stated the new rule encourages earlier information exchange, issue narrowing, and out-of-court resolutions, leading to less delay and stress.
• The provincial government is also advancing reforms related to intimate partner and sexual violence, including progress on the Stanton report's recommendations and plans for a new coordinating role by year-end.
• Further updates include proposed modernization of the Family Law Act, 2011, and expanded virtual hearing options for various civil and family proceedings.

These changes encourage people to exchange information sooner, giving them a better opportunity to understand each other’s position, narrow the issues and, where possible, reach a resolution without a court hearing.

Effective October 1, the British Columbia Supreme Court is instituting a significant change to its procedure for chambers applications in both civil and family proceedings. Under the revised protocol, parties initiating these applications will now be required to provide their materials to the opposing side for review and response *before* a hearing date can be scheduled. This marks a departure from the previous practice where documents were first filed with the court and then subsequently served on the other party.

This new approach, often referred to as the "serve, then file" rule, reverses the long-standing order of operations. The Supreme Court Civil and Family Rules Committee played a pivotal role in proposing these modifications, drawing heavily on feedback gathered from various court users. The aim is to streamline the initial stages of litigation by fostering earlier engagement between parties.

Lawyers practicing in BC civil and family law must adjust their workflow for chambers applications, ensuring materials are served on opposing parties *before* scheduling a hearing date, effective October 1. This procedural shift aims to encourage earlier information exchange and resolution, potentially impacting litigation strategy and timelines.

The provincial government underscores the strategic intent behind the BC Supreme Court serve then file rule. According to Attorney General Niki Sharma, these adjustments are designed to promote a more proactive exchange of information among litigants. This earlier sharing is expected to enhance each party's understanding of the other's position, thereby facilitating the narrowing of contentious issues.

The ultimate goal, as articulated by the Attorney General, is to increase opportunities for resolution outside of a formal court hearing. Sharma emphasized that such an outcome would lead to reduced delays, alleviate stress for those involved, and free up valuable court time for matters that genuinely necessitate a judicial decision. This focus on efficiency and early resolution is a key driver for the BC civil procedure changes October 1.

By mandating service prior to filing, the court system hopes to encourage a more collaborative and less adversarial initial phase for chambers applications, aligning with broader goals of improving access to justice and optimizing judicial resources.

Beyond the chambers application rule, the Attorney General's office also highlighted ongoing progress in broader justice system reforms, particularly concerning intimate partner and sexual violence. The province has made strides on 19 of the 21 recommendations outlined in the government-commissioned Stanton report. This report, released in June 2025 by independent reviewer and lawyer Kim Stanton, aimed to enhance how the BC legal system addresses issues of intimate partner and sexual violence and supports those affected.

Government efforts in this area include improving training for justice system professionals, expanding access to legal advice and representation for survivors, enhancing data collection and research, and strengthening collaboration among justice and social services. Attorney General Sharma acknowledged that further work is essential for creating lasting change, emphasizing the need for robust accountability to ensure victims and survivors receive appropriate support and protection.

In connection with the Stanton report's findings, the provincial government plans to introduce legislation for a new role by the end of this year. This individual will be tasked with spearheading, overseeing, and organizing a province-wide strategy for justice system reforms related to intimate partner and sexual violence. Their responsibilities will encompass developing and implementing province-wide strategies, coordinating efforts across government ministries and community organizations, monitoring and evaluating reform effectiveness, and providing leadership and advocacy.

Additionally, the Attorney General noted progress on proposed legislation aimed at modernizing the Family Law Act, 2011. Expected changes include clarifying definitions of family violence, prioritizing the safety and well-being of children, streamlining court processes, and promoting out-of-court dispute resolution, reflecting the BC family law filing rules update.

Further updates from the Supreme Court of British Columbia indicate a continued push towards leveraging technology to improve access to justice. The court has expanded the availability of virtual hearings and video appearances for various civil and family proceedings. This includes critical stages such as case planning conferences and judicial management conferences.

This expansion builds upon earlier initiatives, where the option for parties to attend certain BC Supreme Court civil and family proceedings via videoconference had already been implemented. These technological advancements aim to make court processes more accessible and efficient for participants across the province.

Source: Reporting based on a provincial government news release.