Anonymous

Difference between revisions of "I Need to Take Someone to Court — What's the Process?"

From Clicklaw Wikibooks

I Need to Take Someone to Court — What's the Process? (view source)

Revision as of 20:12, 25 April 2017

210 bytes removed ,  20:12, 25 April 2017
→‎First steps
Line 28: Line 28:
{{Tipsbox
{{Tipsbox
| width = 100%
| width = 100%
| tips = '''Choosing the correct court'''
| tips = '''Choosing the correct court: Small Claims Court's distinct features'''
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'''
* simple procedures meant to be accessible to the public,  
* simple procedures meant to be accessible to the public,  
* no lawyers required,  
* no lawyers required,  
Line 38: Line 35:
* 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'''
}}
<br/>
 
{{Tipsbox
| width = 100%
| tips = '''Choosing the correct court: Supreme Court's features'''
* no limit on the possible award for damages,
* no limit on the possible award for damages,
* jurisdiction for all types of law suits,  
* jurisdiction for all types of law suits,  
Line 46: Line 48:
}}
}}
<br/>
<br/>
{{Tipsbox
{{Tipsbox
| width = 100%
| width = 100%
| tips = In June 2013, a new ''[http://canlii.ca/t/8qx3 Limitation Act]'' came into force. The new Act simplified the time limits for filing civil lawsuits. Instead of a variety of basic limitation periods that were based on the type of legal action, there is now a single two-year basic limitation period for all civil claims. Exceptions to this are civil claims that enforce a monetary judgment, specifically listed "[http://canlii.ca/t/8qx3#sec3subsec1 exempted claims]" and actions that have limitation periods set by other statutes. The new Act also introduced a 15-year ultimate limitation period. The new Act’s limitation periods apply to claims arising from acts or omissions that occur and are discovered on or after June 1, 2013.
| tips = Since June 2013, the new ''[http://canlii.ca/t/8qx3 Limitation Act]'' has simplified time limits for filing civil lawsuits. Instead of many different basic limitation periods based on the type of legal action, there is now a single two-year basic limitation period for all civil claims. Exceptions to this are civil claims that enforce a monetary judgment, specifically listed "[http://canlii.ca/t/8qx3#sec3subsec1 exempted claims]" and actions that have limitation periods set by other statutes. The new Act also introduced a 15-year ultimate limitation period. The new Act’s limitation periods apply to claims arising from acts or omissions that occur and are discovered on or after June 1, 2013.
}}
}}


Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/35290"