British Columbia civil procedure
What must follow a BC jurisdictional response within thirty days?
Within 30 days after jurisdictional response filing. Serve the specified application or file the prescribed jurisdiction pleading. Rule 21-8(5) preserves non-submission through the specified qualifying acts. It does not require every jurisdiction objection to use the same application. Service of the application and filing the jurisdictional pleading are distinct alternatives.
- Period
- Within 30 days after jurisdictional response filing
- Trigger
- Filing the jurisdictional response in Form 108
- Rule
- Supreme Court Civil Rules, BC Reg 168/2009, r 21-8(5)
Official SCCR consolidation current September 29, 2026, read with BC Reg 105/2026 effective October 1, 2026. No express transition clause was found in that amendment. Establish any case-specific direction.
Source guide · No automated date
Check the applicable procedure
Rule 21-8(5) preserves non-submission through the specified qualifying acts. It does not require every jurisdiction objection to use the same application. Service of the application and filing the jurisdictional pleading are distinct alternatives. Establish filing the jurisdictional response in Form 108 and the legally effective route to serve the specified application or file the prescribed jurisdiction pleading before deriving a final date.
Supreme Court Civil Rules, BC Reg 168/2009, r 21-8(5)What lawyers say
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What must follow a BC jurisdictional response within thirty days?
Within 30 days after jurisdictional response filing. Serve the specified application or file the prescribed jurisdiction pleading. Rule 21-8(5) preserves non-submission through the specified qualifying acts. It does not require every jurisdiction objection to use the same application. Service of the application and filing the jurisdictional pleading are distinct alternatives.
Responsible actor. The party disputing jurisdiction or originating process.
Filing the jurisdictional response in Form 108.
Rule 21-8(5) preserves non-submission through the specified qualifying acts. It does not require every jurisdiction objection to use the same application. Service of the application and filing the jurisdictional pleading are distinct alternatives.
Rule 21-8(5) preserves non-submission through the specified qualifying acts. It does not require every jurisdiction objection to use the same application. Service of the application and filing the jurisdictional pleading are distinct alternatives.
Supreme Court Civil Rules, BC Reg 168/2009, r 21-8(5)How does this provision count time?
- Identify filing the jurisdictional response in Form 108.
- Serve the specified application or file the prescribed jurisdiction pleading.
- The source requires within 30 days after jurisdictional response filing. Establish filing the jurisdictional response in Form 108 before reckoning the interval for serve the specified application or file the prescribed jurisdiction pleading. Interpretation Act section 25.2 ordinarily excludes the reference day and distinguishes clear or minimum spacing.
- The conditional non submission concerns serve the specified application or file the prescribed jurisdiction pleading, not automatically a registry filing. Interpretation Act section 25 distinguishes a holiday from a closed business office. Establish the actual statutory act and any applicable exception before treating closure as permission to move this boundary.
The source requires within 30 days after jurisdictional response filing. Establish filing the jurisdictional response in Form 108 before reckoning the interval for serve the specified application or file the prescribed jurisdiction pleading. Interpretation Act section 25.2 ordinarily excludes the reference day and distinguishes clear or minimum spacing.
The conditional non submission concerns serve the specified application or file the prescribed jurisdiction pleading, not automatically a registry filing. Interpretation Act section 25 distinguishes a holiday from a closed business office. Establish the actual statutory act and any applicable exception before treating closure as permission to move this boundary.
Supreme Court Civil Rules, BC Reg 168/2009, r 21-8(5)Which facts prevent one automatic date?
Rule 21-8(5) preserves non-submission through the specified qualifying acts. It does not require every jurisdiction objection to use the same application. Service of the application and filing the jurisdictional pleading are distinct alternatives. Establish filing the jurisdictional response in Form 108 and the legally effective route to serve the specified application or file the prescribed jurisdiction pleading before deriving a final date.
The party disputing jurisdiction or originating process establishes filing the jurisdictional response in Form 108. Rule 21-8(5) preserves non-submission through the specified qualifying acts. It does not require every jurisdiction objection to use the same application. Service of the application and filing the jurisdictional pleading are distinct alternatives. Within 30 days after jurisdictional response filing. Serve the specified application or file the prescribed jurisdiction pleading. No final date is calculated in this source scenario.
The proposed completion boundary for serve the specified application or file the prescribed jurisdiction pleading coincides with a holiday or an office closure. The conditional non submission concerns serve the specified application or file the prescribed jurisdiction pleading, not automatically a registry filing. Interpretation Act section 25 distinguishes a holiday from a closed business office. Establish the actual statutory act and any applicable exception before treating closure as permission to move this boundary. Establish the actual conditional non submission and its applicable holiday or office rule. No carried or shortened date is supplied.
The party files Form 108 but takes neither qualifying follow-up step within the period. Rule 21-8(5) preserves non-submission through the specified qualifying acts. It does not require every jurisdiction objection to use the same application. Service of the application and filing the jurisdictional pleading are distinct alternatives. Review Supreme Court Civil Rules, BC Reg 168/2009, r 21-8(5) with the changed facts. Within 30 days after jurisdictional response filing alone does not resolve this scenario.
Which conditions and exceptions apply?
- Actual procedure and branch
- Rule 21-8(5) preserves non-submission through the specified qualifying acts. It does not require every jurisdiction objection to use the same application. Service of the application and filing the jurisdictional pleading are distinct alternatives.
- Counting and closure
- The source requires within 30 days after jurisdictional response filing. Establish filing the jurisdictional response in Form 108 before reckoning the interval for serve the specified application or file the prescribed jurisdiction pleading. Interpretation Act section 25.2 ordinarily excludes the reference day and distinguishes clear or minimum spacing. The conditional non submission concerns serve the specified application or file the prescribed jurisdiction pleading, not automatically a registry filing. Interpretation Act section 25 distinguishes a holiday from a closed business office. Establish the actual statutory act and any applicable exception before treating closure as permission to move this boundary.
- Actor and completion
- The party disputing jurisdiction or originating process. Serve the specified application or file the prescribed jurisdiction pleading.
- Rule 21-8(5) preserves non-submission through the specified qualifying acts. It does not require every jurisdiction objection to use the same application. Service of the application and filing the jurisdictional pleading are distinct alternatives.
- The actor is the party disputing jurisdiction or originating process. The event is filing the jurisdictional response in Form 108. The act is serve the specified application or file the prescribed jurisdiction pleading. The boundary is conditional non submission. Rule 21-8(5) preserves non-submission through the specified qualifying acts. It does not require every jurisdiction objection to use the same application. Service of the application and filing the jurisdictional pleading are distinct alternatives.
What must the responsible actor complete?
Questions about this procedure
What must follow a BC jurisdictional response within thirty days?
Does filing Form 108 alone complete this protection?
No. Rule 21-8(5) requires the specified follow-up within thirty days.
Supreme Court Civil Rules, BC Reg 168/2009, r 21-8(5)Must every party bring an application?
No. A qualifying pleading or response to petition alleging lack of jurisdiction is an alternative.
Supreme Court Civil Rules, BC Reg 168/2009, r 21-8(5)Which application act matters under paragraph (5)?
Service of the notice of application under subrule (1)(a), (1)(b) or (3) on the parties of record.
Supreme Court Civil Rules, BC Reg 168/2009, r 21-8(5)Does the original claim’s service date anchor these thirty days?
No. The event is filing the jurisdictional response.
Supreme Court Civil Rules, BC Reg 168/2009, r 21-8(5)Does the rule resolve whether jurisdiction exists?
No. It addresses submission consequences while the actual application or pleaded issue is decided.
Supreme Court Civil Rules, BC Reg 168/2009, r 21-8(5)Can the party defend on the merits while the issue remains undecided?
Paragraph (5)(b) permits the specified interim conduct without submission when the qualifying requirements are met.
Supreme Court Civil Rules, BC Reg 168/2009, r 21-8(5)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Supreme Court Civil Rules, BC Reg 168/2009, r 21-8(5) | Check the identified procedure, event, counting rule or qualification |
| Supreme Court Civil Rules, rules 1-1 and 22-4 | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act, sections 25 to 25.5 | Check the identified procedure, event, counting rule or qualification |