How much notice must a BC quash or preliminary-objection application give?

The applicant must file and serve Form 4, any supporting affidavits and any written argument at least 7 business days before the application hearing.

Responsible actor. The party seeking to quash, raise a preliminary objection or strike part of a factum.

This special procedure covers the three acts in Rule 60(1). Obtain the actual application hearing and check any order separating it from the ordinary concurrent appeal hearing.

The applicant seeks to strike only part of a factum. Rule 60(1)(a) expressly includes that request. It does not become an ordinary Rule 54 application merely because it seeks less than quashing the entire appeal.

This special procedure covers the three acts in Rule 60(1). Obtain the actual application hearing and check any order separating it from the ordinary concurrent appeal hearing.

1. The party seeking to quash, raise a preliminary objection or strike part of a factum first identifies the operative event named in r 60.
2. Quash or preliminary objection uses the established hearing as its backward reference. Preserve 7 business days and the rule’s “at least” wording. A quash or preliminary-objection request uses its special seven-business-day applicant minimum, even when heard with the appeal. Check Interpretation Act section 25.2 and the actual registry-open calendar for this stated interval.
3. The party checks the actual granted order and the required filing or service evidence before relying on the ordinary quash or preliminary objection branch.

Quash or preliminary objection uses the established hearing as its backward reference. Preserve 7 business days and the rule’s “at least” wording. A quash or preliminary-objection request uses its special seven-business-day applicant minimum, even when heard with the appeal. Check Interpretation Act section 25.2 and the actual registry-open calendar for this stated interval.

Quash or preliminary objection requires separate review if its backward threshold is closed. A quash or preliminary-objection request uses its special seven-business-day applicant minimum, even when heard with the appeal. Review the backward-reference provisions in Interpretation Act section 25(3)–(4) alongside Appeal Rule 2 before treating a closed threshold as compliant. Do not silently choose a rollover that defeats the minimum notice interval.

This special procedure covers the three acts in Rule 60(1). Obtain the actual application hearing and check any order separating it from the ordinary concurrent appeal hearing. For quash or preliminary objection, the necessary hearing, calendar and procedural conditions must be established separately. This source guide provides no automatic date or paid calculation.

The established application hearing date and the ordinary quash or preliminary objection branch are identified. The applicant must file and serve Form 4, any supporting affidavits and any written argument at least 7 business days before the application hearing. Establish the named event, actual calendar or status conditions and completed acts; no automatic date or paid calculation is provided.

A required registry day or proposed threshold for quash or preliminary objection falls on a closed day. Quash or preliminary objection requires separate review if its backward threshold is closed. Interpretation Act section 25(3)–(4) distinguishes backward references, while Appeal Rule 2 extends time for an act to the next business day. Do not silently choose a rollover that defeats the minimum notice interval. Check the operative interval or status rule and actual direction; no unsupported rollover is produced.

The applicant seeks to strike only part of a factum. Rule 60(1)(a) expressly includes that request. It does not become an ordinary Rule 54 application merely because it seeks less than quashing the entire appeal. Apply the special seven-business-day applicant procedure.

Which requests fall within Rule 60’s special notice period?

Rule 60(1) covers striking part of a factum, raising a preliminary objection to an appeal and quashing an appeal before it is heard.

Does Rule 54 permit filing a quash application five business days before hearing?

Rule 60 is a specific procedure within Division 2. Its seven-business-day requirement governs the identified requests, rather than the general Rule 54 minimum.

When may the other party file its Rule 60 response?

Rule 60(3) permits supporting affidavits and written argument at least two business days before the application hearing, with filing and service required.

Actual filing and effective service for quash or preliminary objection

Quash or preliminary objection requires identifying accepted filing and effective service separately. Rule 83 applies a 4 p.m. filing boundary, and Rule 4(3) applies the email or fax service boundary.

• This special procedure covers the three acts in Rule 60(1). Obtain the actual application hearing and check any order separating it from the ordinary concurrent appeal hearing.
• Rule 60 gives a seven-business-day applicant minimum for quashing and preliminary objections. Rule 54’s general five-business-day applicant minimum does not replace it.

• Quash or preliminary objection uses the correct form, contents and completion instructions identified in the operative rule.
• The actual event for quash or preliminary objection is documented; anticipated service, an expected order or an offered hearing is not assumed complete.
• Quash or preliminary objection must be filed and served, or submitted and served where Rule 43 specifies a request. Accepted filing is ordinarily deemed that day only when submitted by 4 p.m. on a business day. Email or fax service after 4 p.m. is deemed next business day.
• Quash or preliminary objection must be filed and served, or submitted and served where Rule 43 specifies a request. Accepted filing is ordinarily deemed that day only when submitted by 4 p.m. on a business day. Email or fax service after 4 p.m. is deemed next business day.