Timelines for ordinary civil chamber applications

[White Wolf]

In the Supreme Court of British Columbia, timelines for ordinary civil chamber applications are strictly governed by **Supreme Court Civil Rule 8-1**. Missing these deadlines can result in an application being struck, orders being made in your absence, or cost penalties.

The timelines differ depending on whether you are bringing the application (the Applicant) or responding to one (the Application Respondent).

## 1. Deadlines for the Applicant (Bringing the Application)
To launch a chamber application, you must file a **Notice of Application (Form 32)** along with your supporting **Affidavits**.

* **Service on the Respondent:** You must serve the filed Notice of Application and all supporting affidavits on all parties of record at least **8 business days** before the scheduled court hearing date.

* *Exception (Summary Trial):* If you are bringing an application for a Summary Trial under **Rule 9-7**, the timeline is extended; you must serve the materials at least **12 business days** before the hearing date.

* **Filing the Application Record:** You must compile and submit an Application Record (the bound binder or electronic record containing the application materials) to the registry **no later than 4:00 PM on the business day that is one full business day before** the hearing date.

* *Example:* If your hearing is on a Wednesday, the Application Record must be submitted by 4:00 PM on Monday. If the hearing is on a Monday, it must be submitted by 4:00 PM on the previous Thursday.

## 2. Deadlines for the Respondent (Responding to an Application)

If you have been served with a Notice of Application and wish to oppose it, you must file and serve an **Application Response (Form 33)** and any responding **Affidavits**.

* **Ordinary Application:** You must file and serve your Application Response and supporting affidavits within **5 business days** after being served with the Notice of Application.

* **Summary Trial Application:** If the application is brought under Rule 9-7 (Summary Trial), you have **8 business days** after service to file and serve your response.

## 3. The Applicant’s Reply (Responding to the Response)
If the Respondent raises new facts or issues in their responding affidavits that you need to address:

* You may file and serve a **Replying Affidavit**.

* **Deadline:** This must be filed and served **no later than 4:00 PM on the business day that is one full business day before** the date set for the hearing (the same deadline as the Application Record submission).

## Important Rules for Calculating BC Supreme Court Timelines

When calculating these deadlines, you must apply the specific counting rules defined by the court:

* **"Business Days" vs. "Calendar Days":** In the BC Supreme Court Rules, if a timeline is less than 7 days, weekends and statutory holidays are omitted entirely. However, for deadlines like "5 business days" or "8 business days," the court explicitly states **"business days"**, meaning you **do not count Saturdays, Sundays, or statutory holidays**.

* **The 4:00 PM Rule:** Any document served or filed **after 4:00 PM** is legally deemed to have been served or filed on the *next business day*.

* **Counting "Clear Days":** For deadlines that state a document must be filed "at least X days before" an event (like the 8-day service rule), you use "clear day" counting. This means you exclude both the day of service/filing and the day of the actual court hearing. The required number of full business days must sit entirely between those two dates.

> **Note on Urgent Matters:** If an issue is an absolute emergency and cannot wait for the standard 8-business-day notice period, an applicant can apply short notice to the court under **Rule 8-5** to get permission to hear the matter on an expedited timeline.