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Difference between revisions of "I Need to Take Someone to Court — What's the Process?"

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I Need to Take Someone to Court — What's the Process? (view source)

Revision as of 19:18, 4 June 2013

180 bytes removed ,  19:18, 4 June 2013
Undo revision 13292 by Drew Jackson (talk)
(Undo revision 13292 by Drew Jackson (talk))
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{{Template:Legal Help Guide TOC}}There are a number of reasons that you may want to sue someone. They may owe you money, they may have damaged your property or your reputation, or they may have injured you on purpose, by accident or through improper treatment.  
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| text      = '''Alert:''' Extensive changes to BC's ''Limitation Act'' came into force on June 1, 2013. Many limitation periods were significantly shortened. If you have suffered a loss or damage, it's important that you start an action promptly or you may lose your right to sue.
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There are a number of reasons that you may want to sue someone. They may owe you money, they may have damaged your property or your reputation, or they may have injured you on purpose, by accident or through improper treatment.  


You can sue a person for a debt or damages (compensation for harm) for up to $25,000 in Small Claims Court. You can sue in BC Supreme Court for any amount.
You can sue a person for a debt or damages (compensation for harm) for up to $25,000 in Small Claims Court. You can sue in BC Supreme Court for any amount.
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| tips = You have to start a lawsuit within the ''limitation period'' for that type of claim. Some usual limitation periods are:
| tips = In June 2013, a new ''Limitation Act'' came into force. The new Act simplified the time limits for filing civil lawsuits. Instead of a variety of basic limitation periods that were based on the type of legal action, there is now a single two-year basic limitation period for all civil claims. Exceptions to this are civil claims that enforce a monetary judgment, exempted claims and actions that have limitation periods set by other statutes. The new Act also introduced a 15-year ultimate limitation period. The new Act’s limitation periods apply to claims arising from acts or omissions that occur and are discovered on or after June 1, 2013.
*two years for personal injury, defamation or damage to property,
*six years for most debts and breaches of contract, and
*10 years for fraudulent breach of trust.
 
However, these limitation periods may be shorter for different types of defendants or claims. For example, written notice of a claim against a municipality must generally be given within ''two months'' and the court action against the municipality started within ''six months''.
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{{ambox
| type      = content
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| smallimage =
| textstyle  =
| text      = '''Alert:''' Extensive changes to BC's ''Limitation Act'' are expected to come into force on June 1, 2013. Many of the current limitation periods will be significantly shortened. If you have suffered a loss or damage, it's important that you start an action promptly or you may lose your right to sue. How these changes to the ''Limitation Act'' will affect you depends on the details of your claim. If you have any questions about limitation periods relevant to your claim, you should seek legal advice as soon as possible. <br>
 
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Drew Jackson
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