Canada · BC Supreme Court
When must I file and serve a BC Supreme Court response to civil claim?
Unless the court otherwise orders, file Form 2 and serve a copy of the filed response within 21 days after notice-of-civil-claim service in Canada, 35 days in the United States, or 49 days elsewhere. Check pleading consent, jurisdictional responses and the actual filing and service records separately.
- Period
- 21 days in Canada, 35 days in the United States, or 49 days elsewhere
- Trigger
- Established effective notice-of-civil-claim service date
- Rule
- Supreme Court Civil Rules rule 3-3(1)–(3)
Supreme Court Civil Rules, B.C. Reg. 168/2009, and Interpretation Act, RSBC 1996, c. 238, current official consolidations checked. Interpretation Act current to September 22, 2026.
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Which service event and place start the BC response period?
Unless the court otherwise orders, file Form 2 and serve a copy of the filed response within 21 days after notice-of-civil-claim service in Canada, 35 days in the United States, or 49 days elsewhere. Check pleading consent, jurisdictional responses and the actual filing and service records separately.
Responsible actor. The defendant responding to a BC Supreme Court notice of civil claim.
Confirm that the originating document is a notice of civil claim and the response is Form 2.
Establish effective service under the applicable originating-document provisions or actual service order. Do not simply apply ordinary-service deeming to an originating pleading.
Choose the branch by where the person was served. British Columbia and every other Canadian province share the 21-day branch.
Read actual court orders, pleading consent and any Form 108 jurisdictional response before treating the ordinary period as operative.
Use the ordinary response to a notice of civil claim served on a person. Select Canada, the United States or elsewhere by service place. This calculator does not decide a jurisdiction challenge, an actual extension or effective service.
Supreme Court Civil Rules rule 3-3(1)–(3)How do BC day counting and closed offices affect the result?
- Establish the effective service date and the applicable ordinary branch.
- Exclude the service day. Count the selected calendar-day period.
- Adjust a final holiday or qualifying office closure under the governing instrument.
- Complete each required service and accepted filing act, preserving proof.
Interpretation Act section 25.2 counts forward from the day after service. These 21-, 35- and 49-day periods count intermediate weekends and holidays. Civil Rule 22-4(1) excludes intermediate holidays only for periods shorter than seven days.
Interpretation Act section 25.5 adjusts a final holiday, and separately an act in a business office when the office is closed during regular hours. Section 29 defines holidays. The bundled BC court calendar covers 2025 through 2027 and treats weekends as closed. Check local or emergency office closures separately. Official Court calendars confirm additional closed registry days on December 28, 2026, and December 27–28, 2027. These are included for the rule 3-3 office-filing branches. Reading breaks, conferences and yellow winter-break dates marked limited court open are not treated as full closures.
BC Interpretation Act sections 25.2, 25.5 and 29; Civil Rule 22-4What do independent deadline examples show?
Fictitious example
Fictitious established effective service on July 06, 2026 in Canada. The ordinary branch governs, with no variation or extra closure.
| Step | What is counted | Date |
|---|---|---|
| Ordinary selected branch | Exclude service on 2026-07-06. Count 21 consecutive days through 2026-07-27. No final closed-day adjustment is needed. | Monday, July 27, 2026 |
| Final holiday or office closure | Exclude service on 2026-03-13. Count 21 consecutive days through 2026-04-03. Final closed dates 2026-04-03, 2026-04-04, 2026-04-05, 2026-04-06 carry the office filing endpoint to 2026-04-07. | Tuesday, April 7, 2026 |
| Ordinary selected branch | Exclude service on 2026-07-06. Count 35 consecutive days through 2026-08-10. No final closed-day adjustment is needed. | Monday, August 10, 2026 |
| Final holiday or office closure | Exclude service on 2026-02-27. Count 35 consecutive days through 2026-04-03. Final closed dates 2026-04-03, 2026-04-04, 2026-04-05, 2026-04-06 carry the office filing endpoint to 2026-04-07. | Tuesday, April 7, 2026 |
| Ordinary selected branch | Exclude service on 2026-07-06. Count 49 consecutive days through 2026-08-24. No final closed-day adjustment is needed. | Monday, August 24, 2026 |
| Final holiday or office closure | Exclude service on 2026-02-13. Count 49 consecutive days through 2026-04-03. Final closed dates 2026-04-03, 2026-04-04, 2026-04-05, 2026-04-06 carry the office filing endpoint to 2026-04-07. | Tuesday, April 7, 2026 |
| Established service condition | The notice was dispatched July 6, but effective originating-document service on a person in Canada is independently established as July 10. The original dispatch date does not start this count. Exclude service on 2026-07-10. Count 21 consecutive days through 2026-07-31. No final closed-day adjustment is needed. | Friday, July 31, 2026 |
| Established service condition | The same established service date in the United States selects this distinct service-place branch. Do not select the local branch by residence or the court location. Exclude service on 2026-07-10. Count 35 consecutive days through 2026-08-14. No final closed-day adjustment is needed. | Friday, August 14, 2026 |
| Final holiday or office closure | Exclude service on 2026-12-04. Count 21 consecutive days through 2026-12-25. Final closed dates 2026-12-25, 2026-12-26, 2026-12-27, 2026-12-28 carry the office filing endpoint to 2026-12-29. | Tuesday, December 29, 2026 |
| Final holiday or office closure | Exclude service on 2027-12-04. Count 21 consecutive days through 2027-12-25. Final closed dates 2027-12-25, 2027-12-26, 2027-12-27, 2027-12-28 carry the office filing endpoint to 2027-12-29. | Wednesday, December 29, 2027 |
| Final holiday or office closure | Exclude service on 2026-11-20. Count 35 consecutive days through 2026-12-25. Final closed dates 2026-12-25, 2026-12-26, 2026-12-27, 2026-12-28 carry the office filing endpoint to 2026-12-29. | Tuesday, December 29, 2026 |
| Final holiday or office closure | Exclude service on 2027-11-20. Count 35 consecutive days through 2027-12-25. Final closed dates 2027-12-25, 2027-12-26, 2027-12-27, 2027-12-28 carry the office filing endpoint to 2027-12-29. | Wednesday, December 29, 2027 |
| Final holiday or office closure | Exclude service on 2026-11-06. Count 49 consecutive days through 2026-12-25. Final closed dates 2026-12-25, 2026-12-26, 2026-12-27, 2026-12-28 carry the office filing endpoint to 2026-12-29. | Tuesday, December 29, 2026 |
| Final holiday or office closure | Exclude service on 2027-11-06. Count 49 consecutive days through 2027-12-25. Final closed dates 2027-12-25, 2027-12-26, 2027-12-27, 2027-12-28 carry the office filing endpoint to 2027-12-29. | Wednesday, December 29, 2027 |
Fictitious independently established service facts in 2026 and 2027. No contrary order, operative consent or additional closure applies. These examples do not prove effective service, default status, filing acceptance or completion of service.
Try these dates in the calculatorWhich orders, consent and jurisdictional-response branches need separate checks?
- Court order or pleading consent
- Rule 3-3(3) is subject to a contrary court order. Rule 22-4 permits court variation and pleading-period extensions by consent. Preserve the actual operative terms.
- Jurisdictional response
- Rule 21-8 provides a Form 108 route and specific consequences. Do not assume every challenge automatically stops the ordinary response clock.
- Ship or property service
- Rule 3-3(3)(b) has a distinct 21-day branch for ship or property service under rule 21-1(5). This person-service calculator does not establish that branch.
- Electronic receipt and later service
- A received upload must be accepted under rule 23-3. Rule 4-6 separately addresses ordinary service and after-4-p.m. deeming. Filing acceptance does not prove service.
- Use the ordinary response to a notice of civil claim served on a person. Select Canada, the United States or elsewhere by service place. This calculator does not decide a jurisdiction challenge, an actual extension or effective service.
- The selected branch calculates an ordinary response period. Actual service, court orders, consent, jurisdictional-response consequences and completion of both required acts are not inferred.
What completes filing and service of Form 2?
Questions about the BC response to civil claim
When must I file and serve a BC Supreme Court response to civil claim?
Does service elsewhere in Canada get 35 days?
No. Anywhere in Canada selects 21 days. The United States selects 35. Other places select 49. Service place, not citizenship or residence, controls these person-service branches.
Supreme Court Civil Rules rule 3-3(3)(a)May I serve an unfiled draft response?
Rule 3-3(1) requires filing Form 2 and serving a copy of the filed response on the plaintiff. Preserve the stamped filed document and separate service evidence.
Supreme Court Civil Rules rule 3-3(1)Do weekends and Easter Monday inside the period count?
Yes, for these ordinary periods. Rule 22-4(1) excludes intermediate holidays only for periods shorter than seven days. Final holidays and office closures have separate section 25.5 treatment.
Supreme Court Civil Rules rule 22-4; BC Interpretation Act section 25.5Can I file electronically at 4:30 p.m. on the last day?
Rule 23-3(13) moves accepted electronic documents received after 4 p.m. to the next qualifying day. Preserve the actual receipt and stamped acceptance. Do not assume a midnight cutoff.
Supreme Court Civil Rules rule 23-3(13)–(14)Does a jurisdiction challenge automatically extend my response time?
Rule 21-8 has a specific Form 108 procedure, required steps and consequences. Check that route and actual orders. This ordinary Form 2 calculator does not determine compliance with it.
Supreme Court Civil Rules rule 21-8Can the parties agree to a longer pleading period?
Rule 22-4(3) permits extension by consent for serving, filing or amending a pleading or other document. The calculator does not infer consent or its terms.
Supreme Court Civil Rules rule 22-4(3)Does the winter break pause the response period?
The official court calendars distinguish full closures from winter-break days with limited court opening. This ordinary 21-, 35- or 49-day period counts intermediate days. The verified full registry closures adjust the office-filing endpoint; the limited-opening break is not a general pause.
BC Supreme Court official Court Calendar 2026Official sources and review
Provisions used (19)
| Provision | Purpose |
|---|---|
| Supreme Court Civil Rules rule 3-3(1)–(3) | The identified act, trigger, conditions, filing boundary and edition qualification |
| Supreme Court Civil Rules rules 4-2, 4-6 and 3-3 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Supreme Court Civil Rules rules 22-4 and 21-8 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Supreme Court Civil Rules rule 23-3(13)–(14) | The identified act, trigger, conditions, filing boundary and edition qualification |
| BC Interpretation Act sections 25.2, 25.5 and 29 | The identified act, trigger, conditions, filing boundary and edition qualification |
| BC Supreme Court official Court Calendar 2026 | The identified act, trigger, conditions, filing boundary and edition qualification |
| BC Supreme Court official Court Calendar 2027 | The identified act, trigger, conditions, filing boundary and edition qualification |
| BC Court Services Branch registry hours and locations | The identified act, trigger, conditions, filing boundary and edition qualification |
| Rules of Civil Procedure rule 18.01 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Rules of the Small Claims Court rule 9.01 | The identified act, trigger, conditions, filing boundary and edition qualification |
| BC Interpretation Act sections 25.2, 25.5 and 29; Civil Rule 22-4 | Exclude the service day, count the selected period and check final holidays and office closure |
| Supreme Court Civil Rules rules 3-3(3) and 22-4(2)–(3) | The identified act, trigger, conditions, filing boundary and edition qualification |
| Supreme Court Civil Rules rule 21-8 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Supreme Court Civil Rules rules 3-3(3)(b) and 21-1(5) | The identified act, trigger, conditions, filing boundary and edition qualification |
| Supreme Court Civil Rules rules 23-3 and 4-6 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Supreme Court Civil Rules rule 3-3(3)(a) | The identified act, trigger, conditions, filing boundary and edition qualification |
| Supreme Court Civil Rules rule 3-3(1) | The identified act, trigger, conditions, filing boundary and edition qualification |
| Supreme Court Civil Rules rule 22-4; BC Interpretation Act section 25.5 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Supreme Court Civil Rules rule 22-4(3) | The identified act, trigger, conditions, filing boundary and edition qualification |