Court Process in Consumer and Debt Matters - Revision history

Drew Jackson at 16:41, 13 October 2018

2018-10-13T16:41:54Z

← Older revision		Revision as of 16:41, 13 October 2018
Line 2:		Line 2:

	== Client problems ==		== Client problems ==
	* ~~Client~~ asks for help in starting a court action, or, having advised the client that they should take a matter to court, you want to explain the court procedures.		*Client asks for help in starting a court action, or, having advised the client that they should take a matter to court, you want to explain the court procedures.
	* Client comes to you with court documents indicating that a legal action has been started against the client. Aside from dealing with the merits of the case, you want to explain the court procedures.		*Client comes to you with court documents indicating that a legal action has been started against the client. Aside from dealing with the merits of the case, you want to explain the court procedures.
	* Client explains that they cannot afford a lawyer and want you to help in court or at least give some advice about court procedures.		*Client explains that they cannot afford a lawyer and want you to help in court or at least give some advice about court procedures.
	* Client wants to know how much a legal action is going to cost.		*Client wants to know how much a legal action is going to cost.

	== Summary of the law==		== Summary of the law==

Drew Jackson: /* Related topics and materials */

2018-10-12T15:54:22Z

Drew Jackson: /* Pre-trial procedures */

2018-10-12T15:52:23Z

Pre-trial procedures

← Older revision		Revision as of 15:52, 12 October 2018
Line 89:		Line 89:

	In Supreme Court, several pre-trial processes are possible. Here are two of the most important:		In Supreme Court, several pre-trial processes are possible. Here are two of the most important:
	* '''Discovery of documents:''' A requirement that each side produce relevant documents for inspection by the other party.		* '''Discovery of documents''': A requirement that each side produce relevant documents for inspection by the other party.
	* '''Examination for discovery:''' Pre-trial questioning of opposing parties by lawyers.		* '''Examination for discovery''': Pre-trial questioning of opposing parties by lawyers.

	==== Rules of evidence====		==== Rules of evidence====

Drew Jackson: /* What legal costs include */

2018-10-12T15:49:37Z

What legal costs include

← Older revision		Revision as of 15:49, 12 October 2018
Line 51:		Line 51:
	==== What legal costs include ====		==== What legal costs include ====
	Clients should understand the range of costs that can be encountered in the legal process, including:		Clients should understand the range of costs that can be encountered in the legal process, including:
	* '''Court fees:''' Court fees are what the government charges for people to use the court system. For example, in Small Claims Court, it costs a claimant $100 to file a Notice of Claim where the claim does not exceed $3,000.		* '''Court fees''': Court fees are what the government charges for people to use the court system. For example, in Small Claims Court, it costs a claimant $100 to file a Notice of Claim where the claim does not exceed $3,000.
	* '''Disbursements:''' Disbursements are the expenses associated with carrying out the legal process and include having legal documents served, photocopying costs, and fees for expert witnesses to testify at trial.		* '''Disbursements''': Disbursements are the expenses associated with carrying out the legal process and include having legal documents served, photocopying costs, and fees for expert witnesses to testify at trial.
	* '''Lawyer fees:''' Clients should be clear on what a lawyer is going to charge for taking a case. Most lawyers charge an hourly rate for taking a case to court. They may quote a fee that includes going to trial. (See the section on [[~~Lawyers’~~ Fees]].)		* '''Lawyer fees''': Clients should be clear on what a lawyer is going to charge for taking a case. Most lawyers charge an hourly rate for taking a case to court. They may quote a fee that includes going to trial. (See the section on [[Lawyers' Fees]].)

	==== Compensation for legal costs====		==== Compensation for legal costs====

Drew Jackson: /* Small Claims Court */

2018-10-12T15:47:34Z

Small Claims Court

← Older revision		Revision as of 15:47, 12 October 2018
Line 31:		Line 31:
	* Has monetary jurisdiction over actions up to $35,000 (excluding costs and interest). Most claims up to $5,000 are dealt with by the Civil Resolution Tribunal.		* Has monetary jurisdiction over actions up to $35,000 (excluding costs and interest). Most claims up to $5,000 are dealt with by the Civil Resolution Tribunal.
	* Deals with most types of consumer and debt cases ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html#sec3_smooth section 3(1)] of the ''Small Claims Act''). Some causes of action (for example, libel, slander, and malicious prosecution) cannot be brought in this court ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html#sec3_smooth section 3(2)] of the ''Small Claims Act'').		* Deals with most types of consumer and debt cases ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html#sec3_smooth section 3(1)] of the ''Small Claims Act''). Some causes of action (for example, libel, slander, and malicious prosecution) cannot be brought in this court ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html#sec3_smooth section 3(2)] of the ''Small Claims Act'').
	* Some statutes specify that an action can be brought in this court. For example, ~~section 171(3) of the~~ [~~http~~://canlii.ca/t/~~84mr~~ ''Business Practices and Consumer Protection Act''] states that certain actions under that Act can be brought in Small Claims Court.		* Some statutes specify that an action can be brought in this court. For example, [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec171_smooth section 171(3)] of the ''Business Practices and Consumer Protection Act'' states that certain actions under that Act can be brought in Small Claims Court.
	* Procedures are easier to follow than in the Supreme Court, so the plaintiff (the person making the claim) may not need a lawyer.		* Procedures are easier to follow than in the Supreme Court, so the plaintiff (the person making the claim) may not need a lawyer.

Drew Jackson: /* Small Claims Court */

2018-10-12T15:46:04Z

Small Claims Court

← Older revision		Revision as of 15:46, 12 October 2018
Line 30:		Line 30:
	==== Small Claims Court====		==== Small Claims Court====
	* Has monetary jurisdiction over actions up to $35,000 (excluding costs and interest). Most claims up to $5,000 are dealt with by the Civil Resolution Tribunal.		* Has monetary jurisdiction over actions up to $35,000 (excluding costs and interest). Most claims up to $5,000 are dealt with by the Civil Resolution Tribunal.
	* Deals with most types of consumer and debt cases (~~section 3(1) of the~~ [~~http~~://canlii.ca/t/~~84cs~~ ''Small Claims Act'']). Some causes of action (for example, libel, slander, and malicious prosecution) cannot be brought in this court (section 3(2) of the ''Small Claims Act'').		* Deals with most types of consumer and debt cases ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html#sec3_smooth section 3(1)] of the ''Small Claims Act''). Some causes of action (for example, libel, slander, and malicious prosecution) cannot be brought in this court ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html#sec3_smooth section 3(2)] of the ''Small Claims Act'').
	* Some statutes specify that an action can be brought in this court. For example, section 171(3) of the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''] states that certain actions under that Act can be brought in Small Claims Court.		* Some statutes specify that an action can be brought in this court. For example, section 171(3) of the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''] states that certain actions under that Act can be brought in Small Claims Court.
	* Procedures are easier to follow than in the Supreme Court, so the plaintiff (the person making the claim) may not need a lawyer.		* Procedures are easier to follow than in the Supreme Court, so the plaintiff (the person making the claim) may not need a lawyer.

Drew Jackson: /* Civil Resolution Tribunal */

2018-10-12T15:44:08Z

Civil Resolution Tribunal

← Older revision		Revision as of 15:44, 12 October 2018
Line 26:		Line 26:
	* Handles most small claims actions up to $5,000.		* Handles most small claims actions up to $5,000.
	* Deals with most types of consumer and debt cases ([https://www.canlii.org/en/bc/laws/stat/sbc-2012-c-25/latest/sbc-2012-c-25.html#sec3.1_smooth section 3.1(1)] of the ''Civil Resolution Tribunal Act'').		* Deals with most types of consumer and debt cases ([https://www.canlii.org/en/bc/laws/stat/sbc-2012-c-25/latest/sbc-2012-c-25.html#sec3.1_smooth section 3.1(1)] of the ''Civil Resolution Tribunal Act'').
	* Does not have jurisdiction in specific types of claims, such as claims for libel, slander, malicious prosecution, or against the government (section 3.1(2) of the ''Civil Resolution Tribunal Act'').		* Does not have jurisdiction in specific types of claims, such as claims for libel, slander, malicious prosecution, or against the government ([https://www.canlii.org/en/bc/laws/stat/sbc-2012-c-25/latest/sbc-2012-c-25.html#sec3.1_smooth section 3.1(2)] of the ''Civil Resolution Tribunal Act'').

	==== Small Claims Court====		==== Small Claims Court====

Drew Jackson: /* Civil Resolution Tribunal */

2018-10-12T15:43:43Z

Civil Resolution Tribunal

← Older revision		Revision as of 15:43, 12 October 2018
Line 25:		Line 25:
	* This is an [https://civilresolutionbc.ca/ online system] that encourages a collaborative approach to resolving disputes.		* This is an [https://civilresolutionbc.ca/ online system] that encourages a collaborative approach to resolving disputes.
	* Handles most small claims actions up to $5,000.		* Handles most small claims actions up to $5,000.
	* Deals with most types of consumer and debt cases (section 3.1(1) of the ~~[http://canlii.ca/t/8qq7~~ Civil Resolution Tribunal Act]).		* Deals with most types of consumer and debt cases ([https://www.canlii.org/en/bc/laws/stat/sbc-2012-c-25/latest/sbc-2012-c-25.html#sec3.1_smooth section 3.1(1)] of the ''Civil Resolution Tribunal Act'').
	* Does not have jurisdiction in specific types of claims, such as claims for libel, slander, malicious prosecution, or against the government (section 3.1(2) of the ''Civil Resolution Tribunal Act'').		* Does not have jurisdiction in specific types of claims, such as claims for libel, slander, malicious prosecution, or against the government (section 3.1(2) of the ''Civil Resolution Tribunal Act'').

Drew Jackson: /* Civil Resolution Tribunal */

2018-10-12T15:42:26Z

Civil Resolution Tribunal

← Older revision		Revision as of 15:42, 12 October 2018
Line 24:		Line 24:
	==== Civil Resolution Tribunal====		==== Civil Resolution Tribunal====
	* This is an [https://civilresolutionbc.ca/ online system] that encourages a collaborative approach to resolving disputes.		* This is an [https://civilresolutionbc.ca/ online system] that encourages a collaborative approach to resolving disputes.
	* Handles most ~~Small Claims~~ actions up to $5,000.		* Handles most small claims actions up to $5,000.
	* Deals with most types of consumer and debt cases (section 3.1(1) of the [http://canlii.ca/t/8qq7 Civil Resolution Tribunal Act]).		* Deals with most types of consumer and debt cases (section 3.1(1) of the [http://canlii.ca/t/8qq7 Civil Resolution Tribunal Act]).
	* Does not have jurisdiction in specific types of claims, such as claims for libel, slander, malicious prosecution, or against the government (section 3.1(2) of the ''Civil Resolution Tribunal Act'').		* Does not have jurisdiction in specific types of claims, such as claims for libel, slander, malicious prosecution, or against the government (section 3.1(2) of the ''Civil Resolution Tribunal Act'').

Drew Jackson: /* Summary of the law */

2018-10-12T15:41:30Z

Summary of the law

← Older revision		Revision as of 15:41, 12 October 2018
Line 12:		Line 12:

	There are two basic aspects to any court case:		There are two basic aspects to any court case:
	* '''Substance:''' Refers to the merits of the case — whether the client has a claim against someone else, or, if the client is a defendant, whether there is a defence to a claim made against them.		* '''Substance''': Refers to the merits of the case — whether the client has a claim against someone else, or, if the client is a defendant, whether there is a defence to a claim made against them.
	* '''Procedure:''' Refers to the court processes necessary to resolve the merits of a case.		* '''Procedure''': Refers to the court processes necessary to resolve the merits of a case.

	Almost all legal actions in British Columbia will be started in either Small Claims Court or Supreme Court. In a very few instances, not covered here, an action may be started in the Federal Court of Canada. Small Claims Court and Supreme Court are commonly called trial courts, because that is where trials of claims are heard. The key resources for understanding the processes in these two courts are the rules prescribed for each: the [http://canlii.ca/t/8571 Small Claims Rules] and the [http://canlii.ca/t/8lld Supreme Court Civil Rules].		Almost all legal actions in British Columbia will be started in either Small Claims Court or Supreme Court. In a very few instances, not covered here, an action may be started in the Federal Court of Canada. Small Claims Court and Supreme Court are commonly called trial courts, because that is where trials of claims are heard. The key resources for understanding the processes in these two courts are the rules prescribed for each: the [http://canlii.ca/t/8571 Small Claims Rules] and the [http://canlii.ca/t/8lld Supreme Court Civil Rules].

← Older revision		Revision as of 15:54, 12 October 2018
Line 116:		Line 116:
	* [[Assignments in Bankruptcy]]		* [[Assignments in Bankruptcy]]
	* [[Consumer and Ordinary Proposals]]		* [[Consumer and Ordinary Proposals]]
	* [[~~Lawyers’~~ Fees]]		* [[Lawyers' Fees]]