What Are the BC Supreme Court Rules?
BC Supreme Court has two main sets of rules that govern court proceedings:
Citation: BC Reg 168/2009
Citation: BC Reg 169/2009
Why Do These Rules Matter?
The Most Important Rules to Know
What it means: Courts will apply rules fairly to achieve justice, not use technicalities to deny justice. The goal is to resolve cases quickly and affordably.
What it means: If a rule says "14 days" you need to know exactly when that deadline is. Missing deadlines can be fatal to your case.
Key point: Weekends and holidays don't count if the deadline is 7 days or less. For longer periods, they do count.
What it means: Shorter timelines, limits on discovery, faster trial dates. Gets you to trial in 12-18 months instead of 2-4 years.
Trade-offs: Less discovery, shorter trial time, but significantly faster and cheaper.
How to Read Rule Numbers
Rules are organized numerically. Here's how the numbering works:
1 = Specific rule within that topic
(1) = Subsection
(a) = Sub-subsection
Example: Rule 7-1(1) covers "How to start a lawsuit" within the broader Rule 7 topic of "Starting Proceedings."
How to Start a Civil Case
Step-by-Step Process
- Names and addresses of all parties
- The facts of what happened
- The legal basis for your claim
- What you're asking the court to give you (remedy)
What Goes in Your Notice of Civil Claim?
| Section | What to Include | Example |
|---|---|---|
| Parties | Full legal names and addresses | "John Smith, 123 Main St, Vancouver BC" |
| Facts | Chronological description of what happened | "On January 15, 2023, the Defendant's car ran a red light..." |
| Legal Basis | The legal reason you can sue | "The Defendant was negligent by..." |
| Relief Sought | What you want the court to order | "Damages of $50,000" or "An injunction ordering..." |
Responding to a Lawsuit
Your Response Options
What happens: You admit or deny each allegation and can raise your own defenses
Deadline: 21 days from service
What happens: Your claim gets heard in the same lawsuit
Deadline: File with your Response (within 21 days)
What happens: You bring that person into the lawsuit
Example: Defendant driver blames car manufacturer for defect
What happens: You ask the court to dismiss the case without a trial
High bar: Only succeeds if claim is obviously hopeless
What If You Do Nothing?
- The plaintiff automatically wins
- You get no trial or chance to defend yourself
- The court will order you to pay what the plaintiff asked for
- You can apply to "set aside" the default, but it's difficult and expensive
How to Write a Response to Civil Claim
| Allegation in Claim | Your Response Options | Example |
|---|---|---|
| Claim says something true | Admit it | "The Defendant admits paragraph 3" |
| Claim says something false | Deny it | "The Defendant denies paragraph 5" |
| Claim says something you don't know | Deny knowledge | "The Defendant has no knowledge of paragraph 8" |
| You have your own version of events | State your version | "The Defendant says the accident occurred because..." |
Discovery Process
Discovery is how each side finds out about the other side's case before trial. It's designed to prevent surprise and help parties settle.
Types of Discovery
What: Each party lists ALL relevant documents in their possession
Must include:
- Documents you intend to use at trial
- Documents that hurt your case (even if you don't want to use them!)
- Documents you once had but no longer have
How: Usually done by providing copies (electronic or paper)
Timeline: Must produce within 7 days of being asked (or different time by agreement)
Purpose: Learn their version of events, pin them down to a story, gather admissions
Process:
- Usually takes place in a lawyer's boardroom
- Court reporter records everything
- Person being examined must answer all relevant questions
- Can be used at trial to contradict what they say later
Discovery Timelines (Standard Track)
| Step | Deadline | Rule Reference |
|---|---|---|
| List of Documents | 35 days after pleadings close | Rule 7-6(1) |
| Production of Documents | 7 days after request | Rule 7-7(1) |
| Examination for Discovery | No set deadline (by scheduling order) | Rule 7-2 |
| Complete Discovery | Usually 6-12 months before trial | Case Management |
- No examinations for discovery
- Limited document production (only documents you'll use at trial)
- Can exchange witness statements instead
Chambers Applications
Chambers is where you go to ask the judge for orders BEFORE trial. Most court attendances happen in chambers, not at trial.
Common Types of Chambers Applications
When to use: When there's no real dispute about the facts, only legal interpretation
Advantages: Much faster and cheaper than full trial
Requirements: Must be suitable for summary determination (no credibility issues)
Grounds:
- Claim discloses no legal basis
- Claim is an abuse of process
- Claim is scandalous or frivolous
- Extension of time: More time to file something
- Production orders: Force other side to produce documents
- Injunctions: Stop someone from doing something
- Security for costs: Make plaintiff post money upfront
- Amendments: Change your pleadings
How to Bring a Chambers Application (Rule 8-1)
- Notice of Application (states what order you want)
- Affidavit(s) (sworn statements with evidence)
- Draft Order (what you want the judge to sign)
Method: Can serve by email if parties have agreed
- Not giving enough notice (must be 8 days minimum)
- Filing too late (must be 2 days before hearing)
- No draft order attached
- Affidavit contains argument instead of just facts
- Not serving the application materials properly
Going to Trial
Trial is where the case is finally decided. Most cases settle before trial, but if yours doesn't, here's what happens.
Trial Process Overview
Contents: Summary of your case, list of witnesses, legal authorities, estimated trial length
Standard Track vs. Fast Track Trials
| Feature | Standard Track | Fast Track (Rule 15-1) |
|---|---|---|
| Claim Amount | Over $100,000 | $100,000 or less |
| Trial Length | No limit (can be weeks) | Maximum 3 days |
| Witness Limit | Unlimited | Each side limited (usually 3-4 witnesses) |
| Expert Witnesses | Unlimited | Usually 1 per side per discipline |
| Discovery | Full examinations for discovery | No examinations for discovery |
| Time to Trial | 2-4 years typically | 12-18 months typically |
- All discovery completed
- Trial Brief filed (7 days before)
- Witnesses subpoenaed if necessary
- Trial Book prepared (organized documents/exhibits)
- Opening statement prepared
- Examination and cross-examination questions ready
- Closing argument outline prepared
- Legal authorities (cases) compiled
After Trial: Costs (Rule 14)
How much: Usually "party-party costs" which cover only a portion (often 40-60%) of actual legal fees
Special costs: In rare cases (misconduct, unreasonable conduct), loser pays 100% of winner's costs
Cost consequences: If defendant made a settlement offer that plaintiff refused, and plaintiff wins less at trial, plaintiff may have to pay defendant's costs despite winning
Settlement Options
Most cases settle before trial. The Rules encourage settlement to save time and money.
Formal Settlement Tools
Why use it: Has cost consequences if rejected and you do better at trial
Example: Defendant offers to pay $50,000. Plaintiff rejects. At trial, plaintiff wins only $40,000. Now plaintiff must pay defendant's costs from date of offer forward, despite "winning" the case.
Requirements:
- Must be in writing
- Must be open for at least 7 days
- Can be made at any time
- Remains confidential until after judgment
When: Can be requested by either party or ordered by the court
Process:
- Both sides present their case to the judge
- Judge gives a frank assessment of strengths/weaknesses
- Judge may suggest settlement range
- Everything said is confidential and "without prejudice"
- Non-binding - judge can't force settlement
Not mandatory: Unlike some jurisdictions, BC doesn't require mediation (though courts encourage it)
Cost: Parties split the mediator's fee (usually $2,000-5,000 total)
Success rate: Very high - most cases that go to mediation settle
Settlement Strategy: Cost Consequences
| Scenario | Offer to Settle | Trial Result | Cost Consequence |
|---|---|---|---|
| Plaintiff beats defendant's offer | Defendant offers $50K | Plaintiff wins $75K | Defendant pays plaintiff's costs (normal) |
| Plaintiff fails to beat defendant's offer | Defendant offers $50K | Plaintiff wins $40K | Plaintiff pays defendant's costs from offer date forward |
| Defendant fails to beat plaintiff's offer | Plaintiff demands $50K | Plaintiff wins $60K | Defendant pays plaintiff's costs at higher scale |
- Make formal Rule 9-1 offers - they have teeth
- Consider settlement seriously - trials are risky and expensive
- Use mediation - it works and is cheaper than trial
- Attend settlement conferences if offered by the court
- Remember: certainty of settlement beats uncertainty of trial
๐จโ๐ฉโ๐งโ๐ฆ BC Supreme Court Family Rules
The Supreme Court Family Rules govern family law proceedings in BC Supreme Court. These rules are separate from the Civil Rules and have their own procedures.
Provincial (Family) Court: Can deal with parenting, support, guardianship, and protection orders BUT NOT divorce or property division.
Key difference: Only Supreme Court can grant divorces and divide family property.
What Issues Do Family Rules Cover?
- Divorce orders
- Separation agreements
- Certificate of divorce
- Parenting time schedules
- Decision-making responsibility
- Contact orders
- Relocation disputes
- Child support
- Spousal support
- Retroactive support
- Variation of support
- Family property division
- Excluded property claims
- Family debt division
- Sale of family home
Starting a Family Law Case (Rule 3-1)
Must include:
- Names, birthdates, and addresses of parties
- Names and birthdates of children
- Relationship history (married/living together dates)
- What orders you're asking for
- Financial disclosure (Form F8)
Must attach:
- Last 3 years tax returns and assessments
- Last 3 pay stubs
- Bank statements
- Credit card statements
- RRSP/investment statements
Divorce cases: Additional $280 divorce filing fee
Personal service required for Notice of Family Claim
Responding to a Family Claim (Rule 4-1)
- Admit or deny each claim
- Set out your own version of events
- State what orders YOU want
- File Form F8 Financial Statement (if asking for financial orders)
- Attach same financial disclosure documents
Key Differences: Family Rules vs. Civil Rules
| Feature | Civil Rules | Family Rules |
|---|---|---|
| Time to Respond | 21 days | 30 days |
| Starting Document | Notice of Civil Claim | Notice of Family Claim (Form F3) |
| Financial Disclosure | Through discovery process | REQUIRED upfront (Form F8) |
| Discovery | Examinations for discovery standard | No automatic examinations - by court order only |
| Case Conferences | Optional | MANDATORY before most applications |
| Settlement Focus | Encouraged | HEAVILY emphasized (consensual resolution) |
| Default Judgment | Automatic if no response | Must apply - not automatic |
Mandatory Case Conferences (Rule 8)
When required:
- Before ANY application (except urgent applications)
- Before trial management conference
- Before setting a trial date
Purpose: Encourage settlement, narrow issues, give judge's views on case
Key point: Everything said is confidential - judge won't be your trial judge
Family Law Applications (Rule 6)
Process:
- MUST have case conference first (with limited exceptions)
- Serve application at least 21 days before hearing
- File affidavit evidence
- Other party has 14 days to respond
When available:
- Both parties consent to the order
- Application is unopposed
- Certain routine matters
Advantage: Faster and no court appearance needed
Can be:
- Without notice (emergency - same day hearing)
- On notice (other party gets opportunity to respond)
Form F52: Application for Family Law Act Protection Order
Form F38: Consent Order
Requirements:
- Both parties must sign
- Must include proper recitals
- Financial disclosure required if dealing with support/property
Financial Disclosure Requirements (Rule 5)
- Filing Notice of Family Claim seeking financial orders
- Filing Response to Family Claim if other party seeking financial orders
- Making any application about support or property
- Annually if case is ongoing
Must attach:
- Last 3 years personal income tax returns and assessments
- Last 3 pay stubs (or proof of earnings)
- Statements for ALL accounts (bank, credit, investments, RRSPs, pensions)
Failure to disclose: Court can draw adverse inference, dismiss your claim, or order costs against you
Child Support (Rule 13)
| Topic | Key Information |
|---|---|
| Federal Guidelines | Child support calculated using Federal Child Support Guidelines (tables based on income and number of children) |
| Table Amount | Basic support amount determined by payor's income |
| Section 7 Expenses | Special/extraordinary expenses (daycare, medical, extracurriculars) shared proportional to income |
| Shared Parenting | If each parent has children 40%+ time, set-off calculation may apply |
| Adult Children | Support can continue past 19 if child in school or unable to be self-supporting |
| Imputing Income | Court can impute income if party under-employed or not disclosing full income |
Divorce Orders (Rule 15)
- Separated for one year or more (most common)
- Adultery
- Physical or mental cruelty
Process:
- File Notice of Family Claim with divorce claim (Form F3)
- Pay $200 filing fee + $280 divorce filing fee = $480 total
- If other party doesn't file Response (or consents), can apply for desk order divorce
- If contested, requires hearing
- After divorce order granted, wait 31 days then apply for Certificate of Divorce
Certificate of Divorce: Legal proof marriage is dissolved - needed to remarry
Common Family Law Forms
| Form | Name | Purpose |
|---|---|---|
| F3 | Notice of Family Claim | Starts a family law case |
| F4 | Response to Family Claim | Responds to family law case (30 days) |
| F8 | Financial Statement | Disclose income, assets, debts |
| F31 | Application to Obtain Order | Ask for interim or final orders |
| F32 | Application for Desk Order | Consent/unopposed applications |
| F35 | Reply | Respond to Application (14 days) |
| F36 | Affidavit | Sworn evidence for applications |
| F38 | Consent Order | Orders both parties agree to |
| F52 | Protection Order Application | Family violence protection orders |
- Full disclosure is mandatory - hiding assets/income will backfire badly
- Focus on children's best interests - not punishing the other parent
- Settlement is strongly encouraged - court sees this as best for families
- Case conferences are required - use them to narrow issues
- Keep emotions in check - court focuses on facts and law, not feelings
- Document everything - especially communications about children
- Consider family justice counsellor - free mediation services available
- Legal advice is important - family law is complex
Family Law Forms: BC Courts Family Forms
JP Boyd on Family Law: Comprehensive Free Guide
Family Law Act: SBC 2011, c. 25
Federal Child Support Guidelines: Child Support Tables
โฐ Service Time Calculator
Calculate deadlines for serving and filing court documents according to BC Supreme Court Civil Rules.
- Periods of 7 days or less: Exclude Saturdays, Sundays, and holidays
- Periods of more than 7 days: Include all calendar days (including weekends and holidays)
- Counting starts: The day after the triggering event (e.g., day after you're served)
- If deadline falls on weekend/holiday: Next business day becomes the deadline
Calculate your 21-day deadline to respond
Calculate 8-day notice requirement
๐งฎ Custom Time Period Calculator
Calculate any deadline based on BC Supreme Court Civil Rules time-counting rules.
๐ Quick Reference: Common Deadlines
| Document/Action | Time Period | Counting Method | Rule |
|---|---|---|---|
| Response to Civil Claim | 21 days from service | Include all days | Rule 7-2 |
| Chambers application notice | 8 days before hearing | Exclude weekends/holidays | Rule 8-1(3) |
| File chambers materials | 2 days before hearing | Exclude weekends/holidays | Rule 8-1(6) |
| Production of documents | 7 days after request | Exclude weekends/holidays | Rule 7-7(1) |
| List of Documents | 35 days after pleadings close | Include all days | Rule 7-6(1) |
| Trial Brief | 7 days before trial | Exclude weekends/holidays | Rule 12-1 |
| Notice of Appeal | 30 days from judgment | Include all days | Rule 21-2 |
| Serve Notice of Civil Claim after filing | 12 months | Include all days | Rule 7-1(6) |
- BC Statutory Holidays: New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, BC Day, Labour Day, Thanksgiving, Remembrance Day, Christmas Day, Boxing Day
- When deadline falls on weekend/holiday: The deadline extends to the next business day
- Day of service doesn't count: Start counting the day AFTER you were served or the triggering event
- Court registry hours: Deadlines mean filed by end of business day (typically 4:30 PM)
- Electronic filing: If filing electronically after hours on the deadline day, check court rules for acceptance
- Never wait until the last day - aim to file 2-3 days early
- Set calendar reminders for 7 days before AND 2 days before deadlines
- Keep a spreadsheet tracking all deadlines in your case
- If you're cutting it close, consider courier service to ensure timely filing
- When in doubt about a calculation, ask the court registry staff
๐ Free Legal Resources
Comprehensive collection of free resources to help you navigate BC Supreme Court civil litigation.
โ๏ธ Official Rules & Legislation
The official rules that govern BC Supreme Court civil litigation.
- Complete text of all rules
- โ Always up-to-date with latest amendments
- Searchable format
- Cross-referenced with forms
Citation: BC Reg 168/2009
Last amended: Check official website for current version
Official court forms required for various procedures.
- Fillable PDF forms
- Instructions included
- Notice of Civil Claim
- Response to Civil Claim
- Chambers applications
- And many more...
Comprehensive free manual on BC civil litigation procedures.
- Written by legal experts
- Step-by-step guidance
- Practice tips and strategies
- Case law references
- Regularly updated
- Completely free
Rules for appealing Supreme Court decisions.
- Notice of Appeal requirements
- Factum preparation
- Appeal timelines
- Leave to appeal applications
Rules governing family law proceedings in Supreme Court.
- Divorce procedures
- Parenting & support applications
- Property division rules
- โ Always up-to-date with latest amendments
- Financial disclosure requirements
- Family law forms
Citation: BC Reg 169/2009
Last amended: Check official website for current version
๐จโ๐ฉโ๐งโ๐ฆ Family Law Resources
Official Supreme Court family law forms.
- Form F3 - Notice of Family Claim
- Form F4 - Response to Family Claim
- Form F8 - Financial Statement
- Form F31 - Application Orders
- Form F52 - Protection Orders
- All other family forms
The most comprehensive free family law resource in BC.
- Plain language explanations
- Court procedures
- Child support calculators
- Precedent documents
- Regularly updated
- Completely free
Federal Child Support Guidelines and tables.
- Child support tables by province
- Income calculation rules
- Section 7 special expenses
- Shared custody calculations
BC's main family law legislation.
- Parenting & guardianship law
- Child & spousal support law
- Property division law
- Protection order provisions
Free government services to help resolve family law disputes.
- Family Justice Counsellors: Free mediation and parenting education
- Parenting After Separation: Free courses for parents
- Family Duty Counsel: Free advice at court
- Family Mediation: Subsidized mediation services
Contact: Call 604-660-2192 (Lower Mainland) or 1-888-575-2808 (elsewhere in BC)
Learn About Services โ๐ Case Law & Legal Research
The most comprehensive free source of Canadian case law and legislation.
- BC Supreme Court decisions: https://www.canlii.org/en/bc/bcsc/
- BC Court of Appeal decisions: https://www.canlii.org/en/bc/bcca/
- Supreme Court of Canada: https://www.canlii.org/en/ca/scc/
- All BC legislation: https://www.canlii.org/en/bc/laws/sta/
Features: Full-text search, case citators, legal commentary, mobile-friendly
Go to CanLII โ๐๏ธ BC Courts Resources
Topics covered: E-filing procedures, chambers applications, trial management, urgent applications
Link: BC Supreme Court Practice Directions
Link: Court Registry Locations
Benefits: 24/7 access, faster processing, instant confirmation
Link: Court Services Online
- Notice of Civil Claim: $200
- Response to Civil Claim: $200
- Chambers application: $200
- Trial fee (5 days or more): $500
๐ค Resources for Self-Represented Litigants
BC's legal information website with plain-language guides
- Step-by-step guides
- Video tutorials
- Legal aid information
- Lawyer referral services
Free legal information and services for people who can't afford a lawyer
- Legal aid eligibility
- Free legal advice
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- Self-help resources
Free legal help from volunteer lawyers
- Free legal advice clinics
- Summary legal advice
- Limited scope representation
- Self-help resources
While focused on family law, contains excellent general litigation guidance
- Court procedures explained
- Evidence rules
- Trial preparation
- Appeals
๐ Practical Guides & Manuals
| Resource | What It Covers | Best For | Link |
|---|---|---|---|
| CanLII BC Litigation Manual | Complete civil litigation procedures from start to finish | Everyone - most comprehensive free resource | Read Manual |
| BC Courthouse Libraries | Legal research, practice materials, precedents | Lawyers, articling students, self-reps | Visit Library |
| Civil Litigation Primer | Introduction to civil litigation in BC | New litigants, students | CLE BC |
| Chambers Applications Guide | How to bring chambers applications | Self-reps, junior lawyers | BC Courts |
๐ Finding & Working with Lawyers
Find licensed lawyers in BC
- Search by practice area
- Search by location
- Verify lawyer credentials
- Check disciplinary history
- Lawyer referral service
๐ Essential Links Quick Reference
- ๐ Supreme Court Civil Rules
- ๐ Court Forms
- ๐ BC Litigation Manual
- ๐ CanLII
- โ๏ธ BC Courts Website
- ๐ป Court Services Online
- ๐ Clicklaw
- ๐ค Legal Services Society
- โ๏ธ Access Pro Bono
- ๐ Law Society of BC
- ๐ Courthouse Library
- ๐ Lawyer Referral: 1-800-663-1919
- Start with the BC Litigation Manual - It's the most comprehensive free guide
- Use CanLII to research case law - Find similar cases to yours
- Download official forms from BC Courts - Don't use outdated forms
- Check Practice Directions - They contain important procedural requirements
- Consider legal advice - Even limited scope assistance can be valuable
- Bookmark frequently used resources - You'll reference them often
Quick Reference: Key Rules
Critical Deadlines to Remember
| Action Required | Deadline | Consequence of Missing |
|---|---|---|
| Response to Civil Claim | 21 days from service | Default judgment against you |
| Serve Notice of Civil Claim after filing | 12 months | Action dismissed |
| List of Documents | 35 days after pleadings close | Cannot use documents at trial |
| Chambers application notice | 8 days before hearing | Application adjourned or dismissed |
| File chambers materials | 2 days before hearing | Application adjourned |
| Trial Brief | 7 days before trial | Possible adjournment or costs penalty |
| Notice of Appeal | 30 days from judgment | Lose right to appeal |