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Difference between revisions of "Starting a Small Claim (20:V)"
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Starting a Small Claim (20:V) (view source)
Revision as of 20:43, 8 September 2023
, 20:43, 8 September 2023added CRT solution explorer link. Added information in "What happened" in Drafting notice of claim section. Other minor edits
(added CRT solution explorer link. Added information in "What happened" in Drafting notice of claim section. Other minor edits) |
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A claimant should also consider the likelihood of the defendant going bankrupt. If the defendant goes bankrupt, the claimant may recover little or none of the amount of the judgment. For more detail on bankruptcy, see [[Enforcement_of_a_Small_Claims_Judgment_(20:XVII)|Section XVII: Enforcement of a Judgment]]. | A claimant should also consider the likelihood of the defendant going bankrupt. If the defendant goes bankrupt, the claimant may recover little or none of the amount of the judgment. For more detail on bankruptcy, see [[Enforcement_of_a_Small_Claims_Judgment_(20:XVII)|Section XVII: Enforcement of a Judgment]]. | ||
A claimant must decide whether | A claimant must decide whether to sue before the limitation period expires. If the limitation period expires, a claimant cannot later sue on that cause of action if the defendant’s circumstances change. | ||
== E. Civil Resolution Tribunal == | == E. Civil Resolution Tribunal == | ||
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Motor Vehicle Injury Solution Explorer website: | Motor Vehicle Injury Solution Explorer website: | ||
https://civilresolutionbc.ca/solution-explorer/vehicle-accidents | https://civilresolutionbc.ca/solution-explorer/vehicle-accidents | ||
Societies and Cooperative Associations Solution Explorer | |||
https://civilresolutionbc.ca/solution-explorer/societies-and-cooperative-associations/ | |||
==== b) Online Negotiations ==== | ==== b) Online Negotiations ==== | ||
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# Don’t plead law – unless you have a statutory cause of action | # Don’t plead law – unless you have a statutory cause of action | ||
# Use paragraphs – use one paragraph to state each fact that you will prove - Number each paragraph beginning at 1 | # Use paragraphs – use one paragraph to state each fact that you will prove - Number each paragraph beginning at 1 | ||
# Claimant must prove every fact – therefore, stick to material facts | # Claimant must prove every fact – therefore, stick to material facts (see below) | ||
In this section, one must set out the facts that give rise to the cause of action, and the loss or damage that resulted. This description should be brief but must inform the opposing party of the case to be met and give the judge an outline of what will be argued. The Notice of Claim (Form 1) has little space for the facts, but the facts can continue onto another piece of paper. The additional facts must be attached to each copy of the Notice of Claim. In general, the pleadings should be brief, complete, and as accurate as possible. | In this section, one must set out the facts that give rise to the cause of action, and the loss or damage that resulted. This description should be brief but must inform the opposing party of the case to be met and give the judge an outline of what will be argued. A material fact is one that, if established, could affect the outcome of the proceedings. For examples, in the sample Notice of Claim in Appendix C, paragraphs 1-3 detail facts that go towards the existence and terms of the contract. Paragraphs 4-6 detail facts that go towards the claimant's performance of the contract and the defendant’s failure to perform. The Notice of Claim (Form 1) has little space for the facts, but the facts can continue onto another piece of paper. The additional facts must be attached to each copy of the Notice of Claim. In general, the pleadings should be brief, complete, and as accurate as possible. | ||
The facts as alleged must give rise to a legal cause of action. After the facts, state the legal cause of action(s) that entitle you to the relief you are seeking. If there is more than one cause of action, plead the strongest one and plead the other ones in the alternative. For example, in a claim for a bad car repair, a claimant can sue for breach of contract and negligence. A pleading might read: “In addition, or in the alternative, the claimant claims damages as a result of the defendant’s negligent repair of the automobile”. | The facts as alleged must give rise to a legal cause of action. For example, if the legal cause of action is a breach of contract: the claimant must show in the facts the existence of the contract, the specific term alleged to have been breached, and the acts of the defendant that constitute that breach. After the facts, state the legal cause of action(s) that entitle you to the relief you are seeking. If there is more than one cause of action, plead the strongest one and plead the other ones in the alternative. For example, in a claim for a bad car repair, a claimant can sue for breach of contract and negligence. A pleading might read: “In addition, or in the alternative, the claimant claims damages as a result of the defendant’s negligent repair of the automobile”. | ||
The pleadings should describe: | The pleadings should describe: | ||
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If a Notice of Claim or Reply is being amended, changes must be underlined, initialled, and dated on the revised document and, if there is an order authorizing the change, the document must contain a reference to it (''SCR'', Rule 8(2)). The document must then be filed at the registry and served again on each party to the claim before any further steps are made in the claim. The other party may then change their reply through the same process if they choose, or they may rely on their original reply. | If a Notice of Claim or Reply is being amended, changes must be underlined, initialled, and dated on the revised document and, if there is an order authorizing the change, the document must contain a reference to it (''SCR'', Rule 8(2)). The document must then be filed at the registry and served again on each party to the claim before any further steps are made in the claim. The other party may then change their reply through the same process if they choose, or they may rely on their original reply. | ||
A party wishing to withdraw their claim or other filed document may do so at any time by filing a copy of a notice of withdrawal at the registry and serving the notice on the parties that were served with the document that is being withdrawn (''SCR'', Rule 8(4)). | A party wishing to withdraw their claim or other filed document may do so at any time before a judgement has been rendered or formal acceptance of offer has been filed, by filing a copy of a notice of withdrawal at the registry and serving the notice on the parties that were served with the document that is being withdrawn (''SCR'', Rule 8(4)). | ||
== K. Proof of Service == | == K. Proof of Service == | ||
