How do I make an urgent civil application to the Supreme Court of BC?
A chambers application, or interim application, is a way to ask the court to do something during an existing civil law case (where a Notice of Civil Claim has already been filed), before the final decision. An application might be asking for an order for documents to be disclosed if they haven’t been. You may need to do an urgent application so you can have the hearing quickly, also known as short notice. Or you may need to make the application without notice if you’re afraid for your safety or can’t find the other party.
Making an urgent application
You can make an urgent application with short notice or without notice through the same process.
Urgent applications
Short notice applications happen when time is sensitive, such as if someone is trying to sell property and you need to stop the sale before it happens.
The instructions for urgent applications are in Rule 8-5 of the Supreme Court Civil Rules.
To file a short notice application:
- Requisition
- Start by filling out a Form 17.1 (PDF) — Requisition – Short Notice.
- This requisition form is asking that a hearing or decision be made quickly.
- The Justice Education Society’s online help guide has a section on “Requisitions Basics.” You can find the court rules in Rule 17-1 – “Requisitions.”
- Affidavit
- Attach your evidence, in Form 109 (PDF) — Affidavit, to the requisition to tell the court why your application is urgent. This form isn’t required under the rules, but you might need it to help back up your request with proof in the form of documents.
- Notice of Application
- Attach a draft of your Notice of Application, Form 32 (PDF) to the short notice requisition. Leave the date for the application blank. If your short notice request is approved, the judge will give you a date for your application.
If the courts agree that your application should be heard quickly, you still need to go through the steps of making a chambers application.
- File your Form 32 (PDF) — Notice of Application and your Form 109 (PDF) — Affidavit. You will put in the date that the judge gave you at your short notice hearing.
- File your application record. For more information about this, see Justice Education Society’s “Prepare Supporting Documents.”
If your civil law case is fast track litigation under Rule 15-1, you need to attend a case planning conference or trial management conference before you file a Notice of Application, unless you qualify for an exemption. The exceptions are listed in Rule 15-1(8). Have a look at the list to see if you qualify.
For a short notice application, you don’t need to serve the other party eight days before the hearing like you do for a regular application, but you do still need to serve them to let them know that the hearing is happening and when. The judge will give you information about when you need to serve the other party at your short notice hearing.
There are instructions for serving documents in Part 4 of the Supreme Court Civil Rules.
Urgent applications without notice
In some cases, you might need to make an application with no notice at all. This is not very common and is usually if you can’t find the other party or there is an issue of serious urgency.
The rules for applications without notice are in Rule 8-5 of the Supreme Court Civil Rules. Rule 8-5(6) says urgent orders can also be made without notice.
You will use the same forms as you do for filing an urgent application. Sometimes the courts will let you file an application where no notice is required for things like alternate service or changing parties. The rules for these applications are in Rule 8-4 of the Supreme Court Civil Rules. Rule 8-4 does not apply to urgent matters.
You don’t need to serve the other party before the chambers hearing in a without notice application, but after the hearing you still need to give the Notice of Application, supporting documents, and any orders to the other party so they know an order has been made. They can disagree with the order and make their own application to change or dismiss it.
Peace bond
Another order you may want to file quickly or without notice is a restraining order, known as a peace bond in civil law. If you need to file a peace bond, please see chapter 4 of For Your Protection: Peace Bonds and Family Law Protection Orders. The process is different than filing an application.
Guides to chambers applications
The Supreme Court BC online help guide has a section on chambers applications in civil law.
You can come to a Courthouse Libraries BC location during our open hours to view these books in our collection:
- The conduct of civil litigation in British Columbia (“Chapter 32: Applications”)
- Guide to civil litigation (“Chapter 3: Operating Procedures”). This book includes sample forms for applications.
These books have detailed instructions on how to complete a chambers application, including what you need for an application record.
The instructions for Chambers application procedures are in Part 8 and Part 22 of the Supreme Court Civil Rules:
Helpful resources
- Supreme Court Civil Rules Forms (Government of British Columbia): This page includes all the Supreme Court forms, as fillable PDFs, for a civil law case.
Helpful services
- Amici Curiae (AC) Friends of Court: Their volunteers can help with completing court forms. Book an appointment on their website.
- Summary Advice Program (Access Pro Bono): This service offers free legal advice to low- and modest-income individuals by telephone or videoconference. Book an appointment with a volunteer lawyer by filling out the online form or calling the client line.
- Legal Referral Service (Access Pro Bono): This service offers a customized referral to a lawyer, a notary, or a designated paralegal for a free, brief consultation. Booking fee may apply. If you would like further help from the legal professional, you can retain them at a rate you both agree to.
- Courthouse Libraries BC: We are a network of libraries in BC courthouses where you can access public computers, books and other print materials, and legal databases. Reach us at 1-800-665-2570 or email librarian@courthouselibrary.ca.