BC Supreme Court reverses ‘file, then serve’ rule in civil, family cases

For civil and family proceedings, the British Columbia Supreme Court will require those bringing chambers applications to share their materials with the opposing side, which will receive time to respond, prior to scheduling a hearing date, effective Oct. 1. 

“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,” said Niki Sharma, BC attorney general. “That means less delay, less stress and more court time available for matters that require a judicial decision.”

Under the existing process, parties file documents with the court before serving them on the other side. According to the state attorney general’s news release, under the new “serve, then file” process that begins in October: 

• The applicant will provide their application materials to the opposing side 
• The other side will have time to review the documents and respond to them 
• The parties can book a hearing date if they cannot resolve the matter 
• The parties will file their materials with the court in line with the current timelines 

The Supreme Court Civil and Family Rules Committee suggested these changes based on input from court users. 

Progress in response to intimate partner and sexual violence

Another update from the BC attorney general highlighted the provincial government’s recent work to improve its response to intimate partner violence and sexual violence, with progress made on 19 of 21 recommendations in the government-commissioned Stanton report. 

In June 2025, independent reviewer and lawyer Kim Stanton released a report seeking to improve how the BC legal system handles intimate partner and sexual violence and those impacted by these issues. 

According to the BC attorney general’s news release, the government has made efforts to: 

• Advocate for since legislated amendments to the Criminal Code, 1985, seeking to strengthen safeguards for victims and survivors of intimate partner and gender-based violence and to reduce systemic delays 
• Expand legal aid services, provide family court support workers, and otherwise assist families facing violence during the separation and divorce process 
• Promote civil law reforms aiming to help victims pursue justice following the sharing of intimate images without consent 
• Intervene as the only provincial government party to Ahluwalia v. Ahluwalia, 2026 SCC 16, the Supreme Court of Canada case that created a tort of intimate partner violence 

“We know there is more work to do to create real, long-lasting change, which is why we will be taking steps to establish strong accountability for system change to ensure victims and survivors receive the support and protection they deserve,” Sharma said. 

Planned law for new accountability mechanism

Also in connection with the Stanton report’s findings, the BC attorney general shared the provincial government’s plan to introduce legislation for a new role that will spearhead, oversee, and organize a province‑wide approach to justice system reforms for intimate partner violence and sexual violence.

Specifically, the new role’s work will cover: 

• the development and enforcement of a long-term approach to improving the justice system response to these forms of violence 
• the design and maintenance of a policy framework for how justice system partners can collaborate and coordinate to better support survivors accessing the system 
• oversight of that framework to ensure effective justice system responses and continuous improvement within the justice sector 

The provincial government seeks to create this new role by the end of this year. 

Proposed legislation to update BC Family Law Act

In the news release, the BC attorney general also acknowledged progress on proposed legislation aimed at modernizing the province’s Family Law Act, 2011, with expected changes seeking to: 

• Strengthen safeguards for family violence survivors 
• Cover coercive control and other factors in an updated definition of family violence 
• Toughen protection orders in the province 
• Improve access to justice, safety, and support for victims and survivors of intimate partner violence and sexual violence 

British Columbia Supreme Court family law updates

Here are some other updates regarding family law matters before the Supreme Court of British Columbia. 

Sharma previously shared that certain conferences among BC Supreme Court civil and family proceedings had implemented the option for parties to attend via videoconference. 

Before that, the BC Supreme Court announced an expansion of access to virtual hearings and video appearances in civil and family proceedings, including case planning conferences and judicial management conferences. 

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