Changes to the Supreme Court Family Rules (September 1, 2023)

Significant changes to the Supreme Court Family Rules (SCFR) came into effect on September 1, 2023. This post from our team of Vancouver Family Lawyers provides an explanation of the amended rules so that it can serve as a helpful resource for those resolving their family law matter in the Supreme Court of British Columbia.

The new changes include:

1.       Mandatory Email Address for Service

 a.       Parties of record with a lawyer must have both an email address (if available) and an accessible address that is an office of that lawyer as the party’s addresses for service.

b.       Parties of record who are not represented by a lawyer must have both an email address (if available) and an accessible address within 30km of the registry as the party’s address for service.

If the party does not have an accessible address within 30km of the registry, then the party must have both an email address (if available) and either a postal address in BC or a fax number as the party’s address for service.

 c.       If a document is transmitted for service by e-mail and the person receiving the document requests, within 3 days of receiving that document, that a copy be sent to another address for service for that person, the party who served the document by e-mail must provide the copy at the requested address for service within 7 days of receiving that request or as agreed upon by the parties.

This change to the rules should make it easier for parties to serve documents electronically.

 2.       New Case Planning Conferences as Option for Family Law Cases

 a.       After a Judicial Case Conference, a party may request a case planning conference with a judge or master by obtaining a date and time for the case planning conference from the registry and filing a notice of case planning conference in Form F19.2 (see Part 7.1 in the SCFR).

                       i.      The court may also direct that a case planning conference take place by directing that a party request one through the manner listed above.

 b.       If a case planning conference is requested or ordered, then the parties must file case plan proposals (in Form F19.3), which must indicate the party’s proposal with respect to the following:

                   i.      discovery of documents;

                  ii.      examinations for discovery;

                 iii.      obtaining the views of a child, if appropriate;

                 iv.      dispute resolution procedures;

                  v.      expert witnesses;

                 vi.      witness lists; and

                vii.      trial type, estimated trial length and preferred periods for the trial date.

 c.       At a case planning conference, a judge or master may make one or more orders in respect of the family law case—for instance, requiring amendment of a pleading to provide more details; or respecting discovery, listing, production, preservation, exchange or examination of documents or exhibits.

                        i.      For a full list of possible case planning conference orders, see rule 7.1-3(1) of the SCFR.

 d.       A judge or master at a case planning conference must not hear any application supported by affidavit evidence (except under subrule 7.1-3(6), which allows the court to may orders following a party’s non-compliance to the rules) or make an order for final judgement (except by consent or under subrule 7.1-3(6)).

                         i.      Generally, a case planning conference is an opportunity to plan out how your family law case may proceed through the court—but it is not an opportunity to have your legal arguments heard at that time.

 New case planning conferences will bring parties together early in the litigation process so they can discuss how their case can proceed with more clarity and organization.

 3.       New Trial Brief Form and New Deadline for Filing Trial Briefs

 a.       Trial briefs are used to narrow in on the issues and summarize legal positions for the court, so that trials can run as smoothly as possible.

            i.      Trial briefs in Form 45 require parties to:

1.       state the main issues in dispute and their position on these issues;

2.       list witnesses to be called;

3.       list witnesses to be cross-examined;

4.       list expert reports;

5.       list intentions to object to admissibility of expert reports;

6.       list the party’s plan for book of documents, book of authorities, and use and admissibility of documents;

7.       list admissions;

8.       estimate time required for submissions;

9.       list orders that may affect the conduct of the trial;

10.   outline applications that are anticipated to be made prior to and during the trial; and

11.   detail other trial logistics (e.g. whether an interpreter is required, or if there are any security concerns).

  The new trial brief in Form 45 is updated to better capture important information for trials to proceed smoothly.

 b.       Changes to the rules also require that the plaintiff files a trial brief form (in Form 45) at least 56 days before the scheduled trial date and serve the filed copy on all other parties of record (see rule 14-2.1(1)). Each other party of record, other than the plaintiff, must file a trial brief (in Form 45) at least 49 days before the scheduled trial date and serve a filed copy on all other parties of record (see rule 14-2.1(2)).

                i.      Failure to file and serve a trial brief could result in a judge or master ordering costs against the non-compliant party (see rule 14-2.1(4)).

                ii.      Unless the court otherwise orders, a trial must be removed from the trial list if neither the claimant nor any other party has filed a trial brief as required by the rules (see rule 14-2.1(5)).

 4.       Changes to Trial Management Conferences

 a.       The new rules reduce the circumstances where trial management conferences are necessary. Rules 14-3(1) states that trial management conferences must now take plan when:

              i.      required by ordered of the court; or

             ii.      unless the court otherwise orders,

1.       more than 15 days have been reserved for the trial;

2.       any party of record is not represented by a lawyer, or may not be represented by a lawyer at the trial;

3.       the trial is to be heard by the court with a jury; or

4.       a party of record requests a trial management conference by filing a requisition not less than 42 days before the scheduled trial date.

 b.       Unless the court otherwise orders, the trial management conference must take place at least 28 days before the scheduled trial date, at a time and place to be fixed by a registrar (see rule 14-3(1.1)).

 Fewer circumstances where trial management conferences are necessary could mean that judges have time to hear more cases.

 As Vancouver Family Lawyers, we aim to keep you up to date on recent changes to court rules and serve as a informative resource to our community. As of September 7, 2023, the SCFR online have yet to be fully updated with these changes which came into effect on September 1, 2023—so keep an eye out for the new SCFR online coming soon!

For further reading on these changes, please see: Order in Council 425/2023 (gov.bc.ca).

If you have questions about this blog, please reach out to us! We would be happy to advise you on how your family law matter may be affected by the rules.

Want to learn more? Please contact our team of Vancouver family lawyers for a consultation.

The material provided in this blog is for general information and education purposes only and does not contain, and should not be construed as containing, legal advice applicable to a particular set of facts. If you require legal advice, please contact us for a consultation.