Difference between revisions of "Starting a Lawsuit"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group|date= October 2017}} {{Dial-A-Law TOC|expanded = courts}}
A lawsuit is a way to get money or other relief if something’s gone wrong. Learn what to consider and what is involved in starting a lawsuit in British Columbia.


{{Dial-A-Law TOC|expanded = smallclaims}}
==What you should know==
==What is Small Claims Court?==
If you’re suing someone for $25,000 or less, [http://www.smallclaimsbc.ca/ Small Claims Court] is for you. Small Claims Court is meant for ordinary people to handle their cases with or without a lawyer. The [http://www.smallclaimsbc.ca/court-forms court forms] include directions about how to make a claim and have it heard by a judge. The [http://www.smallclaimsbc.ca/court-processes processes] are less formal and simpler than in Supreme Court.


==What is the dollar limit for Small Claims Court?==
===Other ways to resolve a dispute can be cheaper and more effective===  
Small Claims Court takes cases only if the value of the claim, not including interest and court costs, is $25,000 or less. If your claim is for more than $25,000, you can still sue in Small Claims Court if you give up the extra amount. For example, if someone owes you $27,000, you can sue for $25,000 in Small Claims Court, but you must give up the other $2,000 of your claim. You may get interest and court costs on top of the $25,000 claim limit. What interest rate applies can be confusing, depending on the type of claim. If it is not clear to you how to calculate interest, you should see a lawyer or talk to the staff at the nearest small claims court registry.
A '''lawsuit''' is a way to get money or other relief if something’s gone wrong. It might be getting poor service under a contract, being injured in a car accident, getting fired unfairly, or not getting repaid a debt.


Once your case has been tried in Small Claims Court, you cannot later sue for the part of the claim you gave up. But if you decide—after you sue in Small Claims Court, but before your case has been tried—that you want to sue for the full amount, you can apply to have your claim transferred to Supreme Court. Then you can sue for the entire amount. It’s also possible to claim legal costs if your claim is transferred to Supreme Court and you get a judgment over $25,000.
The party who feels they were wronged starts a lawsuit by filing documents in court. The other party files documents in response. If the parties can’t settle the case, it goes to trial, where each side presents evidence and the court decides the outcome of the case.


==What types of claims can be tried in Small Claims Court?==
Before starting a lawsuit, it’s almost always best to try solving the problem another way. Going to court can end up costing more than a dispute is worth. It’s rarely quick. Court proceedings are open to the public, and you may prefer to keep the details of your dispute private.
There are two main types of claims:


*for debts—this is usually a specific amount someone owes you for goods or services
There are other ways to resolve disputes that can be cheaper, faster, and more effective. For example:
*for damages—this is money paid to you for a loss you’ve suffered. It could be for an injury you’ve suffered, or for loss or damage to your personal property, or for some other financial loss such as when someone breaks a contract with you. Unlike with debt, the amount of damages is not usually a specific amount; instead, it is assessed by the court.


==Other cases that can go to Small Claims Court==
* '''Negotiation''' involves the people in a conflict discussing issues to try to reach an agreement. You work out a solution together that fits both of your interests.
Small Claims Court also hears other less common cases. For example, you can sue to get back personal property wrongfully taken from you. Or you might want to sue to cancel a contract. Or perhaps someone hasn’t done something they agreed to do, and you want the court to order them to do it.
* With '''mediation''', the people in a conflict meet with a neutral person (a mediator), who helps them find a solution they agree on. The mediator helps you come to an agreement, but they don’t decide for you.
* With '''arbitration''', the people in a conflict hire a neutral person (an arbitrator) to make decisions about their dispute they will be bound by. Arbitration is less formal and more flexible than court, and private.


==What claims can Small Claims Court not hear?==
Learn about options for “alternative dispute resolution” in our information on [[Resolving Disputes Without Going to Court|resolving disputes without going to court]].
You can’t sue in Small Claims Court for defamation (libel, slander—see script [[Defamation: Libel and Slander (Script 240) | 240]]) or malicious prosecution. You also can’t sue over ownership of land, and you can’t sue the federal or provincial government in Small Claims Court. Further, most residential tenancy claims, some claims concerning the estate of someone who has died, and most builders lien actions can’t go to Small Claims Court.


==What is the limitation period?==
===The court you bring a lawsuit in depends on the dollar amount involved===
Limitation periods set deadlines for starting to sue someone. Different limitation periods apply to different types of claims. On June 1, 2013, a new ''Limitation Act'' became law in British Columbia. Most claims now have a 2-year basic limitation period. In other words, if the cause of action (the event you’re suing about) happened on or after June 1, 2013, the new ''Limitation Act'' will apply, and you will have 2 years from the day you discover that you can sue to start a claim.
In British Columbia, where you bring a lawsuit depends on the dollar value of the claim and its subject.


If a cause of action happened before June 1, 2013, the old ''Limitation Act'' applies. Under it, the claim must be started within 6 years from the time the debt arose, or within 6 years from when the debtor last acknowledged the debt.
Claims for '''up to $5,000''' must usually be taken to the online '''Civil Resolution Tribunal'''. [https://civilresolutionbc.ca/ This tribunal] is an online system people can use without the help of a lawyer. There are some exceptions, such as where the tribunal considers the case to be too complex or if the claim is a certain type of dispute (such as a claim that affects land). We explain this more shortly.


If you don’t know what limitation period applies in your case, see a lawyer. If your limitation period expires before you sue, that may be the end of it. It’s best to start your lawsuit as soon as it’s clear that the person or company can’t or won’t pay you what they owe. Don’t delay.
For most disputes worth between $5,000 and $35,000, the case can be brought in '''Small Claims Court'''. [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters This court] is also designed for people to act for themselves. For more, see our information on [https://dialalaw.peopleslawschool.ca/category/courts-crime/resolving-disputes/small-claims-court/ Small Claims Court].


==Where do you sue, or file your notice of claim?==
Claims for more than $35,000 generally go to the '''BC Supreme Court'''.
You have a choice. You can file a notice of claim (to start your lawsuit) in the Small Claims Court registry that is either nearest to:


*where the person you are suing lives or has a business, or
===The court you sue in also depends on the subject matter of the lawsuit===
*where the event you’re suing about happened.  
Where you bring a lawsuit also depends on its subject matter. Certain types of claims must be brought in a specific court. For example, a lawsuit against the federal government must be brought in [http://www.fct-cf.gc.ca/ Federal Court]. See our information on [[Our Court System in a Nutshell|our court system in a nutshell]] for a high-level overview.


For example, say you want to sue a driver for injuries from a car accident. He lives in Surrey, but the accident took place in Vancouver. You can sue in either Surrey or Vancouver.
Certain types of civil claims must be brought in '''BC Supreme Court''', regardless of the dollar value involved. For example:


==Where will your case be tried?==
* claims to do with an interest in land or that affect land (such as a [[Builders Liens|builders lien]] claim)
There is a Small Claims Court in all major cities and most smaller towns in British Columbia. The BC Ministry of Justice lists [http://www.ag.gov.bc.ca/courts/overview/locations/index.htm court locations]. So does the [http://www.smallclaimsbc.ca/court-locations Small Claims Court website]. Or you can ask Inquiry BC for court locations; call it 604.660.2421 in Vancouver, 250.387.6121 in Victoria or 1.800.663.7867 elsewhere in BC.
* claims involving [[Defamation: Libel and Slander|defamation]]
* claims involving a will or estate
* an application for an order for divorce


==Telling the other side that you are suing—serving your notice of claim==
As well, there are certain types of claims where a law says the claim must go to a '''tribunal'''. This is a body similar to a court that hears disputes and makes decisions in a specific area. For example, a claim for workers’ compensation benefits after a workplace injury must be brought to a tribunal that specializes in those types of claims.
You have to inform the person you are suing (the defendant) that you are suing them. That’s called serving them with your notice of claim. And you must do that within one year of filing your claim. If the defendant lives in BC, you can serve the notice of claim (after you have filed it in court) by giving the defendant a copy of it, and a blank Reply form (available from the registry). The ways to serve a defendant depend on who the defendant is. For example, if the defendant is a person over 18 years old, you can serve your notice of claim by giving it to them in person (called personal service) or sending it to their home by registered mail.  


If the defendant lives outside of BC, but the event that led to the lawsuit happened in BC, you can serve your notice of claim in the ordinary way as already explained. In any other case, you need permission of the court registrar before you can serve a notice of claim outside BC.
While for the most part the online '''Civil Resolution Tribunal''' deals only with claims up to $5,000, there are two exceptions:


The BC [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/serving.htm Ministry of Justice] has more on serving documents.
* The tribunal deals with most disputes involving '''strata properties''' (condos), of any dollar amount.
* For '''motor vehicle accidents''' taking place in BC after April 1, 2019, injury claims up to $50,000 must be brought to the tribunal.


==How much does it cost to go to Small Claims Court?==  
===There’s a time limit to sue===
Because you can go to court yourself and handle your own Small Claims Court trial, you don’t have to pay any legal fees to a lawyer. But you must pay various small charges to file your claim, deliver documents to the defendant, and so on. For example, the Small Claims Court fee to start a claim is $100 for claims up to $3,000 and $156 for claims over $3,000. Overall, the procedures are simple and relatively inexpensive.  
The [http://canlii.ca/t/8qx3 law in BC] creates a time window to bring a legal action. Once this window, called a '''limitation period''', has passed, it’s too late to start a lawsuit.


==Can you appeal a Small Claims Court judgment?==
Most claims have a limitation period of '''two years'''. But some types of claims have different limitation periods. For example, a lawsuit to enforce a court judgment has a limitation period of 10 years.
You can appeal a Small Claims Court judgment to the Supreme Court, but the appeal must be started within 40 days after the Small Claims Court order was made. If you are late filing the notice of appeal, you can apply to the Supreme Court to extend the time, but there’s no guarantee that you will get it.


The appeal is not a new trial and the Supreme Court judge will decide only if the Small Claims Court judge made an error in law. An order of the Supreme Court cannot be appealed.
The limitation period starts to run once a person “'''discovers'''” their legal claim. A claim is said to be discovered on the first day you knew, or reasonably ought to have known, all the following:


If you want to appeal a Small Claims Court judgment, you should probably consult a lawyer right away.
* an injury, loss or damage occurred,
* it was caused at least partly by an act or '''omission''' (something neglected or left undone),
* the act or omission was that of the person you’re suing, and
* a court proceeding would be an appropriate way to seek a remedy.


==Mediation—another option==
For example, let’s say you take your car for engine repairs. It’s in the shop for a month. When you get it back, you see the car has a new problem — the back bumper has a major dent. The limitation period starts on the day you discovered the car was damaged and realized (or reasonably ought to have realized) it was the repair shop that did the damage.
You may be able to use mediation (with a mediator) at certain courthouses, instead of suing in a court, before a judge. The [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/mediation_up.htm Court Mediation Program website] explains the program for claims up to $10,000. A [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/mediation_between.htm different process] is available for claims between $10,000 and $25,000.  


==Summary==
If you discovered a legal claim before June 1, 2013, an [http://canlii.ca/t/845q older limitations law] applies. It had different limitation periods for different types of claims. For example, a claim for breach of contract or repayment of a debt had a six-year limitation period.
You can sue in Small Claims Court if your claim is for $25,000 or less, though some types of claims aren’t allowed. Typical claims that go to Small Claims Court are for money owed or for damages for personal injury, property loss or breaking a contract. Depending on the claim, there are different deadlines for making a claim, so if you want to sue, you should start as soon as possible.  


==More information==
{| class="wikitable"
|align="left"|'''Tip'''
The [https://www.canlii.org/en/bc/laws/stat/rsbc-2015-c-1/latest/rsbc-2015-c-1.html#sec735_smooth limitation period for suing a municipal government] is shorter than for most claims: just six months. If you don’t know what limitation period applies in your case, seek legal advice. If the limitation period expires before you sue, you are barred from bringing a claim.
|}
 
===Bringing the lawsuit===
A lawsuit begins with a document you prepare, file with the court (or tribunal), and deliver to the party you’re suing.


*Before you start your claim, you may want to get some advice from a lawyer or talk to the Small Claims Court staff for help with procedures.  
This document is called different things depending on the court. In Small Claims Court, it’s called a '''notice of claim'''. Before the Civil Resolution Tribunal, it’s called a '''dispute application form'''.


*Check the [http://www.smallclaimsbc.ca/ Small Claims Court website], the [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters Provincial Court website], and the [http://www.ag.gov.bc.ca/courts/small_claims/ Ministry of Justice website]. It has guides on [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/making_a_claim.htm making a claim], [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/reply.htm replying to a claim], [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/serving.htm serving documents], [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/getting_ready.htm getting ready for court], [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/getting_results.htm getting results], and [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/mediation_up.htm mediation].
The details of how you complete the form, file it, and deliver it also vary depending on the court. For the process in '''Small Claims Court''', see our information on [[Suing Someone in Small Claims Court|suing someone in Small Claims Court]].


*Check the other Dial-A-Law scripts in this Small Claims Court series.
For the process before the '''Civil Resolution Tribunal''', see the [https://civilresolutionbc.ca/how-the-crt-works/tribunal-process/ tribunal’s website].


For the process in '''Supreme Court''', see the court’s [https://www.supremecourtbc.ca/ Online Help Guide].


[updated November 2016]
As you consider your next steps, it’s worth asking yourself a few questions.


The above was last reviewed for accuracy by Anna Kurt and edited by John Blois.
* '''Is it worth it to sue?''' Is bringing a lawsuit going to cost you almost as much as you’re claiming? Even if you are representing yourself or not paying for legal representation, you’ll have to pay fees and expenses to make a claim — the amounts depend on what court you’re suing in and what evidence you put forward.
* '''Is the emotional toll worth it?''' There’s also the emotional cost of being in a lawsuit. The conflict you’re in might extend for a year or two or even longer. Consider the complicated and personal questions you might have to ask or answer.
* '''Will you get paid, even if you win?''' If you bring a lawsuit and win, it's up to you to collect the money. If the person or company you’re claiming against can’t pay, you won’t get your money. If you’re dealing with a company, check that they’re still in business. See our information on [[Getting Your Judgment Paid|getting your judgment paid]] for options if the person you sue doesn’t pay.


----
==Who can help==
----


===With your case===
You do not need a lawyer to go to Small Claims Court or bring a claim to the Civil Resolution Tribunal. But you'll probably better understand the process, as well as the strength of your case, if you get '''legal advice'''. If you have limited means, you might be able to get legal help from pro bono services, a student legal clinic, or an advocate. See our information on [[Free and Low-Cost Legal Help|free and low-cost legal help]].


===More information===
The '''Civil Resolution Tribunal'''’s website explains how to bring a claim to the tribunal and what to expect from each stage of the process.
* [https://civilresolutionbc.ca/how-the-crt-works/tribunal-process/ Visit website]
The '''BC government''' website has how-to guides on Small Claims Court, including making a claim, replying to a claim, serving documents, getting ready for court, and getting results.
* [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides Visit website]
The '''Supreme Court BC Online Help Guide''', from Justice Education Society, provides step-by-step information on each stage of a lawsuit before that court.
* [https://www.supremecourtbc.ca/ Visit website]
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Latest revision as of 04:23, 6 November 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Anna Kurt, Ganapathi Law Group in October 2017.
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A lawsuit is a way to get money or other relief if something’s gone wrong. Learn what to consider and what is involved in starting a lawsuit in British Columbia.

What you should know

Other ways to resolve a dispute can be cheaper and more effective

A lawsuit is a way to get money or other relief if something’s gone wrong. It might be getting poor service under a contract, being injured in a car accident, getting fired unfairly, or not getting repaid a debt.

The party who feels they were wronged starts a lawsuit by filing documents in court. The other party files documents in response. If the parties can’t settle the case, it goes to trial, where each side presents evidence and the court decides the outcome of the case.

Before starting a lawsuit, it’s almost always best to try solving the problem another way. Going to court can end up costing more than a dispute is worth. It’s rarely quick. Court proceedings are open to the public, and you may prefer to keep the details of your dispute private.

There are other ways to resolve disputes that can be cheaper, faster, and more effective. For example:

  • Negotiation involves the people in a conflict discussing issues to try to reach an agreement. You work out a solution together that fits both of your interests.
  • With mediation, the people in a conflict meet with a neutral person (a mediator), who helps them find a solution they agree on. The mediator helps you come to an agreement, but they don’t decide for you.
  • With arbitration, the people in a conflict hire a neutral person (an arbitrator) to make decisions about their dispute they will be bound by. Arbitration is less formal and more flexible than court, and private.

Learn about options for “alternative dispute resolution” in our information on resolving disputes without going to court.

The court you bring a lawsuit in depends on the dollar amount involved

In British Columbia, where you bring a lawsuit depends on the dollar value of the claim and its subject.

Claims for up to $5,000 must usually be taken to the online Civil Resolution Tribunal. This tribunal is an online system people can use without the help of a lawyer. There are some exceptions, such as where the tribunal considers the case to be too complex or if the claim is a certain type of dispute (such as a claim that affects land). We explain this more shortly.

For most disputes worth between $5,000 and $35,000, the case can be brought in Small Claims Court. This court is also designed for people to act for themselves. For more, see our information on Small Claims Court.

Claims for more than $35,000 generally go to the BC Supreme Court.

The court you sue in also depends on the subject matter of the lawsuit

Where you bring a lawsuit also depends on its subject matter. Certain types of claims must be brought in a specific court. For example, a lawsuit against the federal government must be brought in Federal Court. See our information on our court system in a nutshell for a high-level overview.

Certain types of civil claims must be brought in BC Supreme Court, regardless of the dollar value involved. For example:

  • claims to do with an interest in land or that affect land (such as a builders lien claim)
  • claims involving defamation
  • claims involving a will or estate
  • an application for an order for divorce

As well, there are certain types of claims where a law says the claim must go to a tribunal. This is a body similar to a court that hears disputes and makes decisions in a specific area. For example, a claim for workers’ compensation benefits after a workplace injury must be brought to a tribunal that specializes in those types of claims.

While for the most part the online Civil Resolution Tribunal deals only with claims up to $5,000, there are two exceptions:

  • The tribunal deals with most disputes involving strata properties (condos), of any dollar amount.
  • For motor vehicle accidents taking place in BC after April 1, 2019, injury claims up to $50,000 must be brought to the tribunal.

There’s a time limit to sue

The law in BC creates a time window to bring a legal action. Once this window, called a limitation period, has passed, it’s too late to start a lawsuit.

Most claims have a limitation period of two years. But some types of claims have different limitation periods. For example, a lawsuit to enforce a court judgment has a limitation period of 10 years.

The limitation period starts to run once a person “discovers” their legal claim. A claim is said to be discovered on the first day you knew, or reasonably ought to have known, all the following:

  • an injury, loss or damage occurred,
  • it was caused at least partly by an act or omission (something neglected or left undone),
  • the act or omission was that of the person you’re suing, and
  • a court proceeding would be an appropriate way to seek a remedy.

For example, let’s say you take your car for engine repairs. It’s in the shop for a month. When you get it back, you see the car has a new problem — the back bumper has a major dent. The limitation period starts on the day you discovered the car was damaged and realized (or reasonably ought to have realized) it was the repair shop that did the damage.

If you discovered a legal claim before June 1, 2013, an older limitations law applies. It had different limitation periods for different types of claims. For example, a claim for breach of contract or repayment of a debt had a six-year limitation period.

Tip

The limitation period for suing a municipal government is shorter than for most claims: just six months. If you don’t know what limitation period applies in your case, seek legal advice. If the limitation period expires before you sue, you are barred from bringing a claim.

Bringing the lawsuit

A lawsuit begins with a document you prepare, file with the court (or tribunal), and deliver to the party you’re suing.

This document is called different things depending on the court. In Small Claims Court, it’s called a notice of claim. Before the Civil Resolution Tribunal, it’s called a dispute application form.

The details of how you complete the form, file it, and deliver it also vary depending on the court. For the process in Small Claims Court, see our information on suing someone in Small Claims Court.

For the process before the Civil Resolution Tribunal, see the tribunal’s website.

For the process in Supreme Court, see the court’s Online Help Guide.

As you consider your next steps, it’s worth asking yourself a few questions.

  • Is it worth it to sue? Is bringing a lawsuit going to cost you almost as much as you’re claiming? Even if you are representing yourself or not paying for legal representation, you’ll have to pay fees and expenses to make a claim — the amounts depend on what court you’re suing in and what evidence you put forward.
  • Is the emotional toll worth it? There’s also the emotional cost of being in a lawsuit. The conflict you’re in might extend for a year or two or even longer. Consider the complicated and personal questions you might have to ask or answer.
  • Will you get paid, even if you win? If you bring a lawsuit and win, it's up to you to collect the money. If the person or company you’re claiming against can’t pay, you won’t get your money. If you’re dealing with a company, check that they’re still in business. See our information on getting your judgment paid for options if the person you sue doesn’t pay.

Who can help

With your case

You do not need a lawyer to go to Small Claims Court or bring a claim to the Civil Resolution Tribunal. But you'll probably better understand the process, as well as the strength of your case, if you get legal advice. If you have limited means, you might be able to get legal help from pro bono services, a student legal clinic, or an advocate. See our information on free and low-cost legal help.

More information

The Civil Resolution Tribunal’s website explains how to bring a claim to the tribunal and what to expect from each stage of the process.

The BC government website has how-to guides on Small Claims Court, including making a claim, replying to a claim, serving documents, getting ready for court, and getting results.

The Supreme Court BC Online Help Guide, from Justice Education Society, provides step-by-step information on each stage of a lawsuit before that court.

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