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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)
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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. | 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. You can sue in BC Supreme Court for any amount. | 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. | 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 to allow you to pursue a claim in Small Claims Court rather than 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 == | == 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 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. | #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. | #Take the documents to the appropriate court registry, file them (there is a fee) and have them stamped. | ||
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== What happens next == | == 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 === | === Small Claims Court === | ||
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== Where to get help == | == 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: | 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. | * 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 [http://www.clicklaw.bc.ca/resource/1514 Online Help Guides]. | ||
