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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 23:26, 15 March 2017
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== First steps == | == First steps == | ||
#Decide whether you want to sue in Small Claims Court or BC Supreme Court. Ensure you are within the limitation period for doing so. | #Decide whether you want to sue in Small Claims Court or BC Supreme Court. Ensure you are within the limitation period for doing so. | ||
{{Tipsbox | #:{{Tipsbox | ||
| width = 100% | | width = 100% | ||
| tips = '''Choosing the correct court''' | | 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: | 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''' | '''Small Claims Court''' | ||
* simple procedures meant to be accessible to the public, | * simple procedures meant to be accessible to the public, | ||
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* no jurisdiction to deal with a claim of defamation (libel or slander), and | * 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). | * no awards for legal costs (this could be an incentive or a disincentive). | ||
'''Supreme Court''' | '''Supreme Court''' | ||
* no limit on the possible award for damages, | * no limit on the possible award for damages, | ||
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* partial legal costs usually awarded to successful party (again, could be an incentive or a disincentive), | * 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 | * many procedural steps, a lawyer is not necessary but is desirable, and | ||
* timely and costly. | * timely and costly.}} | ||
}} | |||
#Complete a Small Claims Court [http://www.ag.gov.bc.ca/courts/forms/scl/scl001.pdf Notice of Claim] or Supreme Court [http://www.ag.gov.bc.ca/courts/forms/sup_civil/1.pdf Notice of Civil Claim]. Small Claims forms are available online from the [http://www.ag.gov.bc.ca/courts/small_claims/info/forms.htm 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. | #Complete a Small Claims Court [http://www.ag.gov.bc.ca/courts/forms/scl/scl001.pdf Notice of Claim] or Supreme Court [http://www.ag.gov.bc.ca/courts/forms/sup_civil/1.pdf Notice of Civil Claim]. Small Claims forms are available online from the [http://www.ag.gov.bc.ca/courts/small_claims/info/forms.htm 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. | #Take the documents to the appropriate court registry, file them (there is a fee) and have them stamped. | ||
