5,109
edits
Difference between revisions of "How Small Claims Proceed (20:VIII)"
From Clicklaw Wikibooks
How Small Claims Proceed (20:VIII) (view source)
Revision as of 23:31, 31 July 2017
, 23:31, 31 July 2017no edit summary
| Line 14: | Line 14: | ||
== A. Vancouver (Robson Square) == | == A. Vancouver (Robson Square) == | ||
=== 1. Claims of $5, | === 1. Claims of $5,001-$10,000 === | ||
Where the claim and counterclaim, if any, are each $5, | Where the claim and counterclaim, if any, are each $5,001 - $10,000 (not including interest or expenses) and are not for either personal injury or financial debt, a simplified trial will be scheduled pursuant to Rule 9.1; except for the trial, no other court appearances are typically required. The trial will be held in the evening for one hour before a Justice of the Peace. | ||
=== 2. Claims for Financial Debt === | === 2. Claims for Financial Debt === | ||
| Line 24: | Line 24: | ||
=== 3. Claims Exceeding $10,000 or Personal Injury Claims (Any Amount) === | === 3. Claims Exceeding $10,000 or Personal Injury Claims (Any Amount) === | ||
If the claim exceeds $10,000 or is for personal injury in any amount, the parties must attend mediation pursuant to Rule 7.4. Following mediation, a trial conference will be scheduled pursuant to Rule 7.5. Trial conferences are described in greater detail in [[ | If the claim exceeds $10,000 or is for personal injury in any amount, the parties must attend mediation pursuant to Rule 7.4. Following mediation, a trial conference will be scheduled pursuant to Rule 7.5. Trial conferences are described in greater detail in [[Settlement Conference (20:XI) | section XI]]. The final step is a trial pursuant to Rule 10. For an explanation of trials and how to prepare for a trial, see [[Trial/Pre-Trial Conferences (20:XII) | section XII]]. | ||
== B. Richmond == | == B. Richmond == | ||
=== 1. Claims of $5, | === 1. Claims of $5,001 - $10,000 === | ||
Where the claim and counterclaim, if any, are each $5, | Where the claim and counterclaim, if any, are each $5,001 - $10,000 (not including interest or expenses) and are not for personal injury, a simplified trial will be scheduled pursuant to Rule 9.1; except for the trial, no other court appearances are typically required. The trial will be held during the day for one hour before a Justice of the Peace. | ||
=== 2. Claims Exceeding $5,000 or Personal Injury Claims (Any Amount) === | === 2. Claims Exceeding $5,000 or Personal Injury Claims (Any Amount) === | ||
If the claim exceeds $5,000 or is for personal injury in any amount, a Settlement Conference will be scheduled pursuant to Rule 7. | If the claim exceeds $5,000 or is for personal injury in any amount, a Settlement Conference will be scheduled pursuant to Rule 7.4. | ||
For claims greater than $10,000, either party may also initiate mediation pursuant to Rule 7.3. Following mediation or if mediation is not initiated, a settlement conference will be scheduled unless the claim relates to a motor vehicle accident where only liability for property damage is disputed. The final step is a trial pursuant to Rule 10. | For claims greater than $10,000, either party may also initiate mediation pursuant to Rule 7.3. Following mediation or if mediation is not initiated, a settlement conference will be scheduled unless the claim relates to a motor vehicle accident where only liability for property damage is disputed. The final step is a trial pursuant to Rule 10. | ||
