Difference between revisions of "Starting a Small Claim (20:V)"
Jump to navigation
Jump to search
| Line 38: | Line 38: | ||
A corporation can enter into contracts and can sue or be sued. Generally speaking, a corporation’s shareholders, officers, directors, and employees are not liable for the actions or liabilities of the corporation or their own actions while acting within the scope of their office or employment. A person who feels that a shareholder, director, officer, or employee of a corporation might be liable should obtain legal advice. | A corporation can enter into contracts and can sue or be sued. Generally speaking, a corporation’s shareholders, officers, directors, and employees are not liable for the actions or liabilities of the corporation or their own actions while acting within the scope of their office or employment. A person who feels that a shareholder, director, officer, or employee of a corporation might be liable should obtain legal advice. | ||
Corporations may be either provincially or federally incorporated. A federal company is incorporated under the ''Canada Business Corporations Act'', RSC 1985, c. C-44 [CBCA]. A BC corporation is incorporated under the ''Business Corporations Act'', SBC 2002, c 57 [BCBCA]. | Corporations may be either provincially or federally incorporated. A federal company is incorporated under the ''Canada Business Corporations Act'', RSC 1985, c. C-44 [CBCA]. A BC corporation is incorporated under the ''Business Corporations Act'', SBC 2002, c 57 [BCBCA]. Corporations may also be registered under the laws of the other provinces and territories. | ||
Because a corporation can have multiple locations, every corporation, including non-BCBCA corporations, doing business in BC must provide an address where it can be served with notices of claim and other important documents. A claimant must perform a company search to obtain the current registered address for the defendant corporation (''SCR'', Rule 1(2.1); and Rule 5(2.1)). This address must be listed as the corporation’s address on the notice of claim form. | Because a corporation can have multiple locations, every corporation, including non-BCBCA corporations, doing business in BC must provide an address where it can be served with notices of claim and other important documents. A claimant must perform a company search to obtain the current registered address for the defendant corporation (''SCR'', Rule 1(2.1); and Rule 5(2.1)). This address must be listed as the corporation’s address on the notice of claim form. | ||
| Line 549: | Line 549: | ||
Once the defendant has been served, the claimant should complete a Certificate of Service and file it along with the service copy of the Notice of Claim. Find Form 4 at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms. If there are multiple defendants, the claimant should file a Certificate of Service and service copy of the Notice of Claim for each defendant. Other methods of written proof of service are available (''SCR'', Rule 18(14)). Rarely, a judge may allow sworn oral evidence of personal service (''SCR'', Rule 18(15)). | Once the defendant has been served, the claimant should complete a Certificate of Service and file it along with the service copy of the Notice of Claim. Find Form 4 at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms. If there are multiple defendants, the claimant should file a Certificate of Service and service copy of the Notice of Claim for each defendant. Other methods of written proof of service are available (''SCR'', Rule 18(14)). Rarely, a judge may allow sworn oral evidence of personal service (''SCR'', Rule 18(15)). | ||
{{LSLAP Manual Navbox|type=chapters15-22}} | {{LSLAP Manual Navbox|type=chapters15-22}} | ||