Family Law Litigation in Supreme Court - Revision history

Nate Russell at 19:58, 25 June 2025

2025-06-25T19:58:00Z

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	{{JP Boyd on Family Law TOC\|expanded = bcsc}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = bcsc}}{{JPBOFL Editor Badge
	\|CoAuthor = [[Iris Turaglio]]		\|CoAuthor = [[Iris Turaglio]]
			\|ChapterEditors = [[Shannon Aldinger]] and [[Julie Brown]]
	}}		}}

Nate Russell: /* Stage 4: A party may bring an interim application */

2025-04-11T22:55:20Z

Stage 4: A party may bring an interim application

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	===Stage 4: A party may bring an ''interim application''===		===Stage 4: A party may bring an ''interim application''===
	Once a JCC has been held, either party is free to bring an ''interim application'' asking for ''interim orders'' (orders made before a trial or before settlement). These applications can include requests for substantive orders (such as parenting time, interim child support, interim spousal support, sale of the family home, restriction on use of the family property, etc.), or procedural orders (such as request for documents, that the other party provide their financial statement if they have not done so, that the other party attend an examination for discovery if they refuse to do so, etc.). The party bringing an interim application is required to file the necessary documents in court and serve them on the other party within a specified period of time, ~~although~~ a party can ~~ask~~ the court ~~to be allowed~~ to bring ~~their~~ application with no or little notice to the other party ~~in some situations~~. A party can bring interim applications more than once. The section on [[Interim Applications and Supreme Court Family Law Proceedings]] in this chapter provides more information about interim applications.		Once a JCC has been held, either party is free to bring an ''interim application'' asking for ''interim orders'' (orders made before a trial or before settlement). These applications can include requests for substantive orders (such as parenting time, interim child support, interim spousal support, sale of the family home, restriction on use of the family property, etc.), or procedural orders (such as request for documents, that the other party provide their financial statement if they have not done so, that the other party attend an examination for discovery if they refuse to do so, etc.). The party bringing an interim application is required to file the necessary documents in court and serve them on the other party within a specified period of time. In certain situations, a party can request the court's permission to bring an application with no or little notice to the other party. A party can bring interim applications more than once. The section on [[Interim Applications and Supreme Court Family Law Proceedings]] in this chapter provides more information about interim applications.

	===Stage 5: Discovery===		===Stage 5: Discovery===

Nate Russell: /* Stage 3: The parties attend a JCC */

2025-04-11T22:52:50Z

Stage 3: The parties attend a JCC

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	===Stage 3: The parties attend a JCC===		===Stage 3: The parties attend a JCC===
	The section on [[Conferences and Supreme Court Family Law Proceedings]] talks about the role that ''case conferences'' play in family law claims. Almost all family law matters in BC Supreme Court require parties to attend a ''Judicial Case Conference'' (JCC) early on. JCCs are an opportunity for the parties and their lawyers to sit down before a judge and talk about settlement. The court will not make ''substantive'' orders (i.e. orders that determine the important rights and obligations of parties) at a JCC unless both parties agree. But even if the parties are not ready to agree to important substantive orders, the parties can ask for orders about procedural steps in the court action. Procedural orders can include ~~things like an order that~~ the parties exchange a list of documents, or include ~~things~~ in their financial statements, if these steps have not yet ~~occurred~~. Parties must attend a JCC before they can bring interim applications, although a party can sometimes get an order permitting them to bring an application before a JCC (typically for urgent matters). For more about JCCs, including how to be allowed to bring an interim application before a JCC, and for information about the other types of ''conferences'' that can happen in BC Supreme Court for family law matters, see the section about [[Case Conferences in Family Law Proceedings]] in this chapter.		The section on [[Conferences and Supreme Court Family Law Proceedings]] talks about the role that ''case conferences'' play in family law claims. Almost all family law matters in BC Supreme Court require parties to attend a ''Judicial Case Conference'' (JCC) early on. JCCs are an opportunity for the parties and their lawyers to sit down before a judge and talk about settlement. The court will not make ''substantive'' orders (i.e. orders that determine the important rights and obligations of parties) at a JCC unless both parties agree. But even if the parties are not ready to agree to important substantive orders, the parties can ask for orders about procedural steps in the court action. Procedural orders can include directives such as requiring the parties to exchange a list of documents or to include specific information in their financial statements, if these steps have not yet been completed. Parties must attend a JCC before they can bring interim applications, although a party can sometimes get an order permitting them to bring an application before a JCC (typically for urgent matters). For more about JCCs, including how to be allowed to bring an interim application before a JCC, and for information about the other types of ''conferences'' that can happen in BC Supreme Court for family law matters, see the section about [[Case Conferences in Family Law Proceedings]] in this chapter.

	===Stage 4: A party may bring an ''interim application''===		===Stage 4: A party may bring an ''interim application''===

Nate Russell: /* Stage 3: The parties attend a JCC */

2025-04-11T22:50:31Z

Stage 3: The parties attend a JCC

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	===Stage 3: The parties attend a JCC===		===Stage 3: The parties attend a JCC===
	The section on [[Conferences and Supreme Court Family Law Proceedings]] talks about the role that ''case conferences'' play in family law claims. Almost all family law matters in BC Supreme Court require parties to attend a ''Judicial Case Conference'' (JCC) early on. JCCs are an opportunity for the parties and their lawyers to sit down before a judge and talk about settlement. The court will not make ''substantive'' orders (i.e. orders that determine the important rights and obligations of parties) at a JCC unless both parties agree. But even if the parties are not ready to agree to important substantive orders, the parties can ask for orders about procedural steps in the court action. Procedural orders can include things like an order that the parties exchange a list of documents, or include things in their financial statements, if these steps have not yet occurred. Parties must attend a JCC before they can bring interim applications, although a party can sometimes get an order permitting them to bring an application before a JCC (typically for urgent matters). For more about JCCs, including how to be allowed to bring an interim application before a JCC, and for information about the other types of ''conferences'' that can happen in BC Supreme Court for family law matters, see the section about [[Case Conferences in a Family Law Proceedings]] in this chapter.		The section on [[Conferences and Supreme Court Family Law Proceedings]] talks about the role that ''case conferences'' play in family law claims. Almost all family law matters in BC Supreme Court require parties to attend a ''Judicial Case Conference'' (JCC) early on. JCCs are an opportunity for the parties and their lawyers to sit down before a judge and talk about settlement. The court will not make ''substantive'' orders (i.e. orders that determine the important rights and obligations of parties) at a JCC unless both parties agree. But even if the parties are not ready to agree to important substantive orders, the parties can ask for orders about procedural steps in the court action. Procedural orders can include things like an order that the parties exchange a list of documents, or include things in their financial statements, if these steps have not yet occurred. Parties must attend a JCC before they can bring interim applications, although a party can sometimes get an order permitting them to bring an application before a JCC (typically for urgent matters). For more about JCCs, including how to be allowed to bring an interim application before a JCC, and for information about the other types of ''conferences'' that can happen in BC Supreme Court for family law matters, see the section about [[Case Conferences in Family Law Proceedings]] in this chapter.

	===Stage 4: A party may bring an ''interim application''===		===Stage 4: A party may bring an ''interim application''===

Nate Russell at 22:57, 2 April 2025

2025-04-02T22:57:17Z

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	{{JP Boyd on Family Law TOC\|expanded = bcsc}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = bcsc}}{{JPBOFL Editor Badge
	\|~~ChapterEditors~~ = [[Iris Turaglio]]		\|CoAuthor = [[Iris Turaglio]]
	}}		}}

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	This chapter breaks down family law litigation in BC Supreme Court into six stages, and the sections in this chapter reflect this structure. While the laws and court rules don't actually refer to there being "stages", it's a convenient way to explain the litigation process. Parties will also typically experience litigation in stages, and generally in the order summarized below. Be sure to read and reference the definitions above, as these terms are used in the descriptions below.		This chapter breaks down family law litigation in BC Supreme Court into six stages, and the sections in this chapter reflect this structure. While the laws and court rules don't actually refer to there being "stages", it's a convenient way to explain the litigation process. Parties will also typically experience litigation in stages, and generally in the order summarized below. Be sure to read and reference the definitions above, as these terms are used in the descriptions below.

	===Stage 1: Starting and ~~replying~~ to a claim===		===Stage 1: Starting and responding to a claim===
	The section on [[Starting and Responding to Supreme Court Family Law Proceedings]] in this chapter talks about how a family law claim begins with the parties filing and serving their first court documents. This is also called the ''pleadings'' phase.		The section on [[Starting and Responding to Supreme Court Family Law Proceedings]] in this chapter talks about how a family law claim begins with the parties filing and serving their first court documents. This is also called the ''pleadings'' phase.

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	The claimant starts a BC Supreme Court action by initiating ''pleadings'' at one of the court's registries. This is done by filing a ''claim'' at the registry. Once the action is filed at one registry, all further court documents must be filed at the same registry unless there is a court order transferring the court action to another registry. After the claim is filed, the claimant must serve a copy on the respondent. Serving the filed claim involves having it hand-delivered to the respondent by someone other than the claimant. Remember that the ''claim'' only lists the claimant's wish list for court orders. The claim by itself is not an actual court order. It is up to the judge to decide, at an interim application or at a trial, if the orders contained in the claim will be granted.		The claimant starts a BC Supreme Court action by initiating ''pleadings'' at one of the court's registries. This is done by filing a ''claim'' at the registry. Once the action is filed at one registry, all further court documents must be filed at the same registry unless there is a court order transferring the court action to another registry. After the claim is filed, the claimant must serve a copy on the respondent. Serving the filed claim involves having it hand-delivered to the respondent by someone other than the claimant. Remember that the ''claim'' only lists the claimant's wish list for court orders. The claim by itself is not an actual court order. It is up to the judge to decide, at an interim application or at a trial, if the orders contained in the claim will be granted.

	====The respondent files their ~~''reply''~~====		====The respondent files their response====
	The respondent has a certain amount of time after being served with the ''claim'' to respond to the court proceeding by filing their ''~~reply~~'' and, if applicable, their ''counterclaim''. The number of days that the respondent has to file their ~~reply~~ is set out in the claim they were served with. The respondent must deliver their ~~reply~~ and any counterclaim to the claimant at the claimant's ''address for service'', which will have been listed in the claim. Remember that a respondent's ''counterclaim'', just like the claimant's ''claim'', is only a list of the orders that the respondent wants. It is not an actual court order. It is up to the judge to decide, at an interim application or at trial, whether the orders that the respondent asks for in their counterclaim will be granted.		The respondent has a certain amount of time after being served with the ''claim'' to respond to the court proceeding by filing their ''response'' and, if applicable, their ''counterclaim''. The number of days that the respondent has to file their response is set out in the claim they were served with. The respondent must deliver their response and any counterclaim to the claimant at the claimant's ''address for service'', which will have been listed in the claim. Remember that a respondent's ''counterclaim'', just like the claimant's ''claim'', is only a list of the orders that the respondent wants. It is not an actual court order. It is up to the judge to decide, at an interim application or at trial, whether the orders that the respondent asks for in their counterclaim will be granted.

	If the respondent does not file a ~~''reply''~~ the claimant must file an affidavit of personal service. The affidavit of personal service is sworn or affirmed by the person who hand-delivered the claim to the respondent (i.e. not the claimant themself). If the service period as stated in the claim has run out and the respondent has not filed a ~~reply~~, the claimant could obtain orders without the respondent's knowledge or participation.		If the respondent does not file a response, the claimant must file an affidavit of personal service. The affidavit of personal service is sworn or affirmed by the person who hand-delivered the claim to the respondent (i.e. not the claimant themself). If the service period as stated in the claim has run out and the respondent has not filed a response, the claimant could obtain orders without the respondent's knowledge or participation.

	====The claimant files their ~~reply~~ to any counterclaim====		====The claimant files their response to any counterclaim====
	If the respondent filed and served a counterclaim, the claimant has a fixed amount of time after receiving it to file their own ~~reply (using the ''Response to Counterclaim'' form)~~. The claimant must deliver their filed ~~reply~~ to the respondent's address for service, which will have been listed in the respondent's ''counterclaim''.		If the respondent filed and served a counterclaim, the claimant has a fixed amount of time after receiving it to file their own response. The claimant must deliver their filed response to the respondent's address for service, which will have been listed in the respondent's ''counterclaim''.

	Generally speaking, once the parties have filed, delivered, and received each other's claim, counterclaim, and ~~replies~~, the ''pleadings'' phase is concluded. There can be other opportunities for the parties to ''amend'' their pleadings, however.		Generally speaking, once the parties have filed, delivered, and received each other's claim, counterclaim, and responses, the ''pleadings'' phase is concluded. There can be other opportunities for the parties to ''amend'' their pleadings, however.

	===Stage 2: The parties exchange documentation and information===		===Stage 2: The parties exchange documentation and information===
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	====The Notice to Mediate Regulation====		====The Notice to Mediate Regulation====

	Under the [https://canlii.ca/t/85bd Notice to Mediate (Family) Regulation], someone who is a party to a court proceeding in the BC Supreme Court can make the other parties go to mediation by serving a Notice to Mediate on them.		Under the [https://canlii.ca/t/85bd Notice to Mediate (Family) Regulation], someone who is a party to a court proceeding in the BC Supreme Court can make the other parties go to mediation by serving a Form 1 Notice to Mediate on them. This form is not found in the Supreme Court Family Rules, but in the Notice to Mediate (Family) Regulation.

	A Notice to Mediate must be served at least 90 days after the ''~~reply~~'' is filed, but at least 90 days before the scheduled trial date. Once the ~~Notice~~ is served, the parties ''must'' attend mediation unless:		A Form F1 Notice to Mediate must be served at least 90 days after the first ''response'' is filed, but at least 90 days before the scheduled trial date. Once the notice is served, the parties ''must'' attend mediation unless:

	#~~a party has triggered~~ a mediation ~~meeting using~~ a ~~Notice to Mediate~~;		#the parties have already tried a mediation (a JCC does not count);
	#there is a protection order against a party;		#there is a protection order against a party;
	#the mediator decides that the mediation is not appropriate or will not be productive; or,		#the mediator decides that the mediation is not appropriate or will not be productive; or,

Nate Russell at 22:31, 2 April 2025

2025-04-02T22:31:26Z

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	===Legislation===		===Legislation===

	* [~~http~~://canlii.ca/t/8mcr Supreme Court Family Rules]		* [https://canlii.ca/t/8mcr Supreme Court Family Rules]
	* ''[~~http~~://canlii.ca/t/84d8 Supreme Court Act]''		* [https://canlii.ca/t/85bd Notice to Mediate (Family) Regulation]
			* ''[https://canlii.ca/t/84d8 Supreme Court Act]''
	* ''[[Family Law Act]]''		* ''[[Family Law Act]]''
	* ''[[Divorce Act]]''		* ''[[Divorce Act]]''

	===Resources===		===Resources===
	* [https://www.bccourts.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx Supreme Court Family Practice Directions]
	* [https://www.bccourts.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Supreme Court Administrative Notices]
	* [https://supremecourtbc.ca/family-law Family Law Guidebooks] for BC Supreme Court, from Justice Education Society
	* [https://www.bccourts.ca/supreme_court/self-represented_litigants/ BC Supreme Court webpage for self-represented litigants]		* [https://www.bccourts.ca/supreme_court/self-represented_litigants/ BC Supreme Court webpage for self-represented litigants]
			* Legal Aid BC's Family Law website information on BC Supreme Court process:
			** [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court If you have to go to court]
			** [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/jcc-supreme-court Judicial Case Conferences in Supreme Court]
			** [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/supreme-court-chambers-hearing What happens in a Supreme Court Chambers hearing?]
			** [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court Trials in Supreme Court]
			* [https://cjc-ccm.ca/en/what-we-do/initiatives/representing-yourself-court Guides for self-represented litigants] from the Canadian Judicial Council (CJC):
			** [https://cjc-ccm.ca/sites/default/files/documents/2021/Family%20Handbook%20-%20EN%20MASTER%202021-10-19_0.pdf Family Law Handbook]
			* [https://supremecourtbc.ca/family-law BC Supreme Court Family Law Guidebooks] from Justice Education Society
			* [https://representingyourselfcanada.com/our-srl-resources/ SRL Resources] from The National Self-Represented Litigants Project (NSRLP)

	===Links===		===Links===
			* [https://www.bccourts.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx Supreme Court Family Practice Directions]
			* [https://www.bccourts.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Supreme Court Administrative Notices]
	* [https://www.bccourts.ca/supreme_court/ BC Supreme Court website]		* [https://www.bccourts.ca/supreme_court/ BC Supreme Court website]
	* [https://www.bccourts.ca/supreme_court/scheduling/ Supreme Court Trial Scheduling]		* [https://www.bccourts.ca/supreme_court/scheduling/ Supreme Court Trial Scheduling]
	* [https://canlii.ca/t/85bd Notice to Mediate (Family) Regulation]		* [https://www.lawsociety.bc.ca/for-lawyers/act-rules-and-code/code-of-professional-conduct/ Code of Professional Conduct] from Law Society of BC
	* [https://www.lawsociety.bc.ca/for-lawyers/act-rules-and-code/code-of-professional-conduct/ Code of Professional Conduct], from Law Society of BC

Nate Russell at 19:11, 24 March 2025

2025-03-24T19:11:09Z

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