I Am Being Sued — What Should I Expect?

A lawsuit for loss or damages caused to another person or another person's property is known as a civil claim. If you are being sued in a civil claim, you will receive court papers: a Notice of Claim if you are being sued in the Provincial Court's Small Claims Court or a Notice of Civil Claim if you are being sued in BC Supreme Court. Different forms are used in family disputes.

Lawsuits in Small Claims Court are currently limited to claims of up to $25,000, however, on June 1, 2017 this limit will increase to $35,000. Another important change is that as of June 1, 2017, with just a few exceptions, civil claims up to $5,000 will no longer be dealt with in Small Claims Court. Instead claims up to $5,000 will be resolved in BC's new online Civil Resolution Tribunal.

There is no money limit to claims in BC Supreme Court.

Civil Resolution Tribunal

First steps

On or after June 1, 2017, if you receive a CRT Dispute Notice and you don't agree with it:

1. Complete a Dispute Response Form that should have been provided with the Dispute Notice. This can be done by filling out either a paper copy or the online form which is free. In your Dispute Response, say why you don't agree with the claim(s). If you don't get a blank Dispute Response Form with the Dispute Notice, you can get one from the Civil Resolution Tribunal. Forms are also accessible online from the CRT website.
2. Provide the Dispute Response form to the Tribunal and all other parties within the time limit specified on the Dispute Response. There is a cost for filing a hard copy Dispute Response of $25 or if you file online there is no charge.
3. You can add your own claims or add another person to the dispute by filling out an Additional Claim Form. It costs $150 to file a paper form or $125 to file online.

What happens next

For the Civil Resolution Tribunal, you will first go through an online process called Facilitation with the help of a Facilitator, who will try to mediate the dispute. If that does not resolve the dispute, you will next go to the Tribunal. Information about these processes is available on the [1] CRT website.

Small Claims Court

First steps

If you receive a Small Claims Court Notice of Claim and you don't agree with it:

1. Complete the Reply that should have been served on you with the Notice of Claim. In your Reply, say why you don't agree with the claim. If you don't get a blank Reply with the Notice of Claim, you can get one at any Provincial Court registry. Small Claims forms are also available online from the Ministry of Justice website.
2. Drop off the Reply or mail it to the Small Claims registry named on the Notice of Claim within 14 days of receiving the Notice of Claim. There is a cost for filing a Reply is $26 for a claim of up to $3,000 and $50 for a claim over $3,000.
3. The Reply form also has a section for making a counterclaim against the claimant. To make a counterclaim you must also have a claim against the claimant suing you. Filing a counterclaim costs extra. It costs $100 to make a counterclaim for $3,000 or less, and $156 for a counterclaim over $3,000.

What happens next

In Small Claims Court, you will receive a Notice of Settlement Conference. A Settlement Conference is an opportunity for you and the claimant to meet with a judge to see if you can agree to resolve the claim. The judge at a settlement conference is only there to help the parties agree on a settlement. He or she cannot impose an agreement on parties who are not able to reach agreement.

If the settlement conference doesn't resolve the case, you will be given a Notice of Trial. At trial, the claimant will present his or her case, and you will be given a chance to question the claimant and their witnesses and to present your own case. The trial judge will then decide who wins.

Small Claims Court now offers mediation of many kinds of cases. If yours is one of these cases, a trained independent person will meet with you and the other parties in your case to see if you can agree on a way of resolving it. Ask someone at the court registry where you file your documents if there could be mediation in your case.

Supreme Court

First steps

If you receive a Supreme Court Notice of Civil Claim:

1. Obtain and complete a Response to Civil Claim' form. Supreme Court forms are available online through the Clicklaw website "Laws, Cases & Rules" page; click on "BC Supreme Court Civil Forms." You are looking for Form 2.
2. Drop off the Response to Civil Claim at (or fax or mail it to) the Supreme Court registry named on the Notice to Civil Claim, within 21 days of when you were served with the Notice of Civil Claim. It will cost $25 to file a Response to Civil Claim.
3. If you have a claim to make against the person suing you (and others), you can file a Counterclaim form. This must be done in the same time for filing your Response to Civil Claim. The Counterclaim form is also available online. You are looking for Form 3.

What happens next

In Supreme Court, the process is more complex than in Small Claims Court. During the next stage of a Supreme Court proceeding, known as discovery, the parties exchange documents and may cross-examine each other outside of court. Finally, if the case is not resolved, it will proceed to trial.

In Supreme Court the parties are responsible for scheduling steps in the proceeding themselves, including examinations for discovery, pre-trial procedures such as a case management conference and a trial management conference, as well as the trial.

Where to get help

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

• Civil Resolution Tribunal Website.
• Supreme Court Guidebooks for Representing Yourself as a self-represented litigant.
• Small Claims Court Online Help Guides.
• Small Claims Court website for information on Small Claims procedures and representing yourself in Small Claims Court.
• Clicklaw's "Court Forms & Guides" page, which features a flow chart to find the court rules, forms and self-help guides needed when going to court.
• Access Pro Bono, Lawyer Referral Service, and private bar lawyers.
• Clicklaw common question "I'm being sued in small claims court" for further resources.

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by John Bilawich, April 2017.

Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.