Clicklaw Wikibooks - User contributions [en]

John Bilawich

2017-04-25T15:43:08Z

John Bilawich:

<noinclude>{{Template:Clicklaw Wikibooks Contributor}}</noinclude>{{Contributor | bio = '''John Bilawich''' practices litigation with the Vancouver, BC firm [http://www.holmesandking.com Holmes & Bilawich]. He a member of the Board of Governors of the Trial Lawyers Association of BC and past Chair of the Civil Litigation - Vancouver Section of the Canadian Bar Association, BC Branch.

John helped review the section on civil litigation, titled [[Suing and Being Sued]], of the wikibook ''[[Legal Help for British Columbians]]''.

| name = John Bilawich
| image = [[image:johnbilawich.jpg|150px|left|link=|John Bilawich]]
| organization = Holmes & Bilawich
| website = [http://www.holmesandbilawich.com holmesandbilawich.com]

}}
<noinclude>__NOGLOSSARY__
[[Category:Contributor Bio|Bilawich]]
[[Category:Legal Help Guide Contributors|Bilawich]]
[[Category:Legal Help Guide Contributors 2012 Update|Bilawich]]
[[Category:Legal Help Guide Contributors 2013 Update|Bilawich]]</noinclude>

John Bilawich

2017-04-25T15:40:47Z

John Bilawich:

<noinclude>{{Template:Clicklaw Wikibooks Contributor}}</noinclude>{{Contributor | bio = '''John Bilawich''' practices litigation with the Vancouver, BC firm Holmes & Bilawich [http://www.holmesandking.com Holmes & Bilawich]. He a member of the Board of Governors of the Trial Lawyers Association of BC and past Chair of the Civil Litigation - Vancouver Section of the Canadian Bar Association, BC Branch.

John helped review the section on civil litigation, titled [[Suing and Being Sued]], of the wikibook ''[[Legal Help for British Columbians]]''.

| name = John Bilawich
| image = [[image:johnbilawich.jpg|150px|left|link=|John Bilawich]]
| organization = Holmes & Bilawich
| website = [http://www.holmesandbilawich.com holmesandbilawich.com]

}}
<noinclude>__NOGLOSSARY__
[[Category:Contributor Bio|Bilawich]]
[[Category:Legal Help Guide Contributors|Bilawich]]
[[Category:Legal Help Guide Contributors 2012 Update|Bilawich]]
[[Category:Legal Help Guide Contributors 2013 Update|Bilawich]]</noinclude>

John Bilawich

2017-04-25T15:39:54Z

John Bilawich:

<noinclude>{{Template:Clicklaw Wikibooks Contributor}}</noinclude>{{Contributor | bio = '''John Bilawich''' practices litigation with the Vancouver, BC firm Holmes & Bilawich [http://www.holmesandking.com Holmes & King]. He a member of the Board of Governors of the Trial Lawyers Association of BC and past Chair of the Civil Litigation - Vancouver Section of the Canadian Bar Association, BC Branch.

John helped review the section on civil litigation, titled [[Suing and Being Sued]], of the wikibook ''[[Legal Help for British Columbians]]''.

| name = John Bilawich
| image = [[image:johnbilawich.jpg|150px|left|link=|John Bilawich]]
| organization = Holmes & Bilawich
| website = [http://www.holmesandbilawich.com holmesandbilawich.com]

}}
<noinclude>__NOGLOSSARY__
[[Category:Contributor Bio|Bilawich]]
[[Category:Legal Help Guide Contributors|Bilawich]]
[[Category:Legal Help Guide Contributors 2012 Update|Bilawich]]
[[Category:Legal Help Guide Contributors 2013 Update|Bilawich]]</noinclude>

John Bilawich

2017-04-25T07:35:28Z

John Bilawich:

<noinclude>{{Template:Clicklaw Wikibooks Contributor}}</noinclude>{{Contributor | bio = '''John Bilawich''' practices litigation with the Vancouver, BC firm Holmes & Bilawich, formerly [http://www.holmesandking.com Holmes & King]. He a member of the Board of Governors of the Trial Lawyers Association of BC and past Chair of the Civil Litigation - Vancouver Section of the Canadian Bar Association, BC Branch.

John helped review the section on civil litigation, titled [[Suing and Being Sued]], of the wikibook ''[[Legal Help for British Columbians]]''.

| name = John Bilawich
| image = [[image:johnbilawich.jpg|150px|left|link=|John Bilawich]]
| organization = Holmes & Bilawich
| website = [http://www.holmesandbilawich.com holmesandbilawich.com]

}}
<noinclude>__NOGLOSSARY__
[[Category:Contributor Bio|Bilawich]]
[[Category:Legal Help Guide Contributors|Bilawich]]
[[Category:Legal Help Guide Contributors 2012 Update|Bilawich]]
[[Category:Legal Help Guide Contributors 2013 Update|Bilawich]]</noinclude>

I Need to Take Someone to Court — What's the Process?

2017-04-25T07:33:14Z

John Bilawich:

{{Template:Legal Help Guide TOC}}{{ambox
| type = content
| small = center
| image =
| smallimage =
| textstyle =
| 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.
| smalltext =
}}
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. As of June 1, 2017, this limit will be increased to $35,000, and most claims for $5,000 or less will no longer be dealt with by the Small Claims court and will instead be dealt with through the Civil Resolution Tribunal - website here:[https://www.civilresolutionbc.ca/].

You can sue in BC Supreme Court for any amount.

Certain types of claims (defamation or enforcement of a claim of builders lien, for example) can only be pursued in BC Supreme Court.

In some cases it may make practical sense for you to voluntarily abandon the portion of your claim over $25,000 [$35,000 as of June 1, 2017] to allow you to pursue a claim in Small Claims Court rather than BC Supreme Court.

== First steps ==

#Decide whether you want to sue in the Civil Resolution Tribunal [on or after June 1, 2017], Small Claims Court or BC Supreme Court. Ensure you are within the limitation period for doing so.
#Complete a Civil Resolution Tribunal Dispute Application Form [https://www.civilresolutionbc.ca/forms/] and submit the appropriate fee, namely $150 for the paper form or $125 online form. The Tribunal will issue a Dispute Notice which you will have to provide to other parties with a blank Dispute Response.
#Complete a Small Claims Court [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl001.pdf Notice of Claim] or Supreme Court [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/supreme-civil/1.pdf Notice of Civil Claim]. Small Claims forms are available online from the [http://www2.gov.bc.ca/gov/content?id=6A62E40762A844B0B3CB048E6E7E0990 Ministry of Justice website]. Supreme Court forms can be accessed through the "[http://www.clicklaw.bc.ca/content/lawscases Laws, Cases & Rules]" page on Clicklaw; click on "BC Supreme Court Civil Forms". Include the important facts related to your claim.
#Take the documents to the appropriate court registry, file them (there is a fee) and have them stamped.
#Serve a copy of the documents on the defendant. The usual way is to get a friend or a "process server" to give the documents to the defendant in person. The court registry can tell you about other ways you can serve documents.

{{Tipsbox
| width = 100%
| tips = '''Choosing the correct court'''
Should you file your lawsuit in Provincial (Small Claims) Court or Supreme Court? There are advantages and disadvantages to each. In some cases, choosing a court will be easy, in other cases the choice is less obvious. Here are some of the distinct features of each court:

'''Small Claims Court'''
* simple procedures meant to be accessible to the public,
* no lawyers required,
* less time to mediation and trial,
* judgments for damages limited to a maximum of $25,000,
* no jurisdiction to deal with a claim of defamation (libel or slander), and
* no awards for legal costs (this could be an incentive or a disincentive).
'''Supreme Court'''
* no limit on the possible award for damages,
* jurisdiction for all types of law suits,
* partial legal costs usually awarded to successful party (again, could be an incentive or a disincentive),
* many procedural steps, a lawyer is not necessary but is desirable, and
* timely and costly.
}}
 

{{Tipsbox
| width = 100%
| tips = In June 2013, a new ''[http://canlii.ca/t/8qx3 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, specifically listed "[http://canlii.ca/t/8qx3#sec3subsec1 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.
}}

== What happens next ==

=== Civil Resolution Tribunal ===
On or after June 1, 2017, the respondent will need to file a Dispute Response and has to provide you with a copy. You and the respondent will then begin an online Facilitation process with a Facilitator, which includes mediation. If this does not resolve the dispute your case will go before the Tribunal.

=== Small Claims Court ===
The defendant will need to file a Reply and they or the Registry will provide you with a copy. You and the defendant will then receive a Notice of Settlement Conference.

A settlement conference is an opportunity for you and the defendant 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 see if the parties can agree on a settlement. He or she cannot impose an agreement.

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

Small Claims Court now offers ''mediation'' in certain 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 mediation is available in your case.

=== Supreme Court ===
The defendant must file and provide you with a Response to Civil Claim in response to your Notice of Civil Claim.

During the next stage of a Supreme Court proceeding, known as ''discovery'', the parties exchange lists of documents and may examine each other for discovery out of court. Finally, if the case is not resolved, it will proceed to ''trial''. At trial, you will need to present your evidence through witnesses, documents and other exhibits and the defendant will need to do the same. At the end of the trial, the judge (or in some cases, a jury) will decide who wins.

{{Tipsbox
| width = 50%
| tips = If the defendant does not file a Reply in Small Claims Court or a Response to Civil Claim in Supreme Court, you can apply to the court for a ''default judgment'' giving you all or part of your claim.
}}

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:
* Civil Resolution Tribunal Website[https://www.civilresolutionbc.ca/]
* Supreme Court [http://www.clicklaw.bc.ca/resource/2478 Guidebooks for Representing Yourself] as a self-represented litigant.
* Small Claims Court [http://www.clicklaw.bc.ca/resource/1514 Online Help Guides].
* [[Small Claims Court]] website for information on small claims procedures and representing yourself in Small Claims Court.
* [http://www.clicklaw.bc.ca/resource/1688 Filing Assistant] for Small Claims forms
* [[Clicklaw]]'s "[http://www.clicklaw.bc.ca/content/forms 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|private bar lawyers]].

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.

{{REVIEWED | reviewer = [[John Bilawich]], March 2017}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}

I Am Being Sued — What Should I Expect?

2017-04-25T07:10:38Z

John Bilawich: Added a draft section dealing with CRT process

{{Template:Legal Help Guide TOC}}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 [http://www.clicklaw.bc.ca/resource/4300 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:
#Complete a Dispute Response Form [https://www.civilresolutionbc.ca/forms/] 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 [https://www.civilresolutionbc.ca/] CRT website.
#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.
#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 [https://www.civilresolutionbc.ca/] CRT website.

== Small Claims Court ==

=== First steps ===
If you receive a Small Claims Court Notice of Claim and you don't agree with it:
#Complete the [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl002.pdf 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 [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms Ministry of Justice website].
#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.
#The Reply form also has a section for making a <noglossary>counterclaim</noglossary> against the claimant. To make a <noglossary>counterclaim</noglossary> you must also have a claim against the claimant suing you. Filing a <noglossary>counterclaim</noglossary> costs extra. It costs $100 to make a <noglossary>counterclaim</noglossary> for $3,000 or less, and $156 for a <noglossary>counterclaim</noglossary> 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.

{{Tipsbox
| width = 80%
| tips = 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:
#Obtain and complete a [http://www.ag.gov.bc.ca/courts/forms/sup_civil/2.pdf Response to Civil Claim'] form. Supreme Court forms are available online through the Clicklaw website "[http://www.clicklaw.bc.ca/content/lawscases Laws, Cases & Rules]" page; click on "[http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-civil-forms BC Supreme Court Civil Forms]." You are looking for Form 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.
#If you have a claim to make against the person suing you (and others), you can file a <noglossary>Counterclaim</noglossary> form. This must be done in the same time for filing your Response to Civil Claim. The Counterclaim form is also available [http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_civil.htm 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 for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
* Supreme Court [http://www.clicklaw.bc.ca/resource/2478 Guidebooks for Representing Yourself] as a self-represented litigant.
* Small Claims Court [http://www.clicklaw.bc.ca/resource/1514 Online Help Guides].
*[[Small Claims Court]] website for information on Small Claims procedures and representing yourself in Small Claims Court.
*[[Clicklaw]]'s "[http://www.clicklaw.bc.ca/content/forms 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|private bar lawyers]].
*Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1102 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.

{{REVIEWED | reviewer = [[John Bilawich]], December 2015}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}

John Bilawich

2015-12-30T01:59:46Z

John Bilawich:

<noinclude>{{Template:Clicklaw Wikibooks Contributor}}</noinclude>{{Contributor | bio = '''John Bilawich''' practises litigation with the Vancouver, BC firm [http://www.holmesandking.com Holmes & King]. He a member of the Board of Governors of the Trial Lawyers Association of BC and past Chair of the Civil Litigation - Vancouver Section of the Canadian Bar Association, BC Branch.

John helped review the section on civil litigation, titled [[Suing and Being Sued]], of the wikibook ''[[Legal Help for British Columbians]]''.

| name = John Bilawich
| image = [[image:johnbilawich.jpg|150px|left|link=|John Bilawich]]
| organization = Holmes & King
| website = [http://www.holmesandking.com holmesandking.com]

}}
<noinclude>__NOGLOSSARY__
[[Category:Contributor Bio|Bilawich]]
[[Category:Legal Help Guide Contributors|Bilawich]]
[[Category:Legal Help Guide Contributors 2012 Update|Bilawich]]
[[Category:Legal Help Guide Contributors 2013 Update|Bilawich]]</noinclude>

I Need to Take Someone to Court — What's the Process?

2015-12-22T04:43:31Z

John Bilawich: Added reference to mediation under small claims

I Am Being Sued — What Should I Expect?

2015-12-22T04:36:08Z

John Bilawich: Added reference to trial management conference

I Am Being Sued — What Should I Expect?

2015-12-22T04:32:36Z

John Bilawich: Added reference to counterclaim on Reply form

I Am Being Sued — What Should I Expect?

2015-12-22T04:25:30Z

John Bilawich: Added reference to Counterclaim

I Am Being Sued — What Should I Expect?

2015-12-22T04:15:57Z

John Bilawich: Defendant can question claimant and their witnesses as well as present their own case.