I Am Being Sued — What Should I Expect?

If you are being sued for loss or damages you may have caused to another person or another person's property, you will receive court papers: a Notice of Claim if you are being sued in Small Claims Court or a Writ of Summons and possibly a Statement of Claim if you are being sued in BC Supreme Court.

Law suits in Small Claims Court are limited to claims of $25,000. There is no money limit to claims in Supreme Court.

Small Claims Court

First steps

If you receive a Small Claims Court Notice of Claim and you don't agree with it:

1. Complete the Reply that should have been served on you with the Notice of Claim. In your Reply, say why you don't agree with the claim. If you don't get a blank Reply with the Notice of Claim, you can get one at any Provincial Court registry or at most Service BC (government agent) offices. Call Enquiry BC at 1-800-663-7867 for information on the one nearest you. Small Claims forms are also available online at www.ag.gov.bc.ca/courts/small_claims/info/forms.htm.
2. Drop off the Reply or mail it to the Small Claims registry named on the Notice of Claim within 14 days of receiving the Notice of Claim. The cost for filing a Reply is $26 for a claim of up to $3,000 and $50 for a claim over $3,000.

What happens next

In Small Claims Court, you will receive a Notice of Settlement Conference. A settlement conference is an opportunity for you and the claimant to meet with a judge to see if you can agree to resolve the claim. The judge at a settlement conference is only there to help you see if the parties can agree on a settlement. He or she cannot impose an agreement.

If the settlement conference doesn't resolve the case, you will be given a Notice of Trial. At trial, the claimant will present his or her case, and you will be given a chance to present your case. The trial judge will then decide who wins.

Small Claims Court now offers "mediation" of many kinds of cases. If yours is one of these cases, a trained independent person will meet with you and the other parties in your case to see if you can agree on a way of resolving it. Ask someone at the court registry where you file your documents if there could be mediation in your case.

Supreme Court

First steps

If you receive a Supreme Court Writ of Summons:

1. Obtain and complete an Appearance. (You can get a blank Appearance at any Supreme Court registry or at most Service BC (government agent) offices. Call Enquiry BC at 1-800-663-7867 for information on the one nearest you. Supreme Court forms are also available online at the BC Courthouse Libraries website, www.courthouselibrary.ca. Click on "Supreme Court Forms". You are looking for Form 7.)
2. Drop off the Appearance, or fax or mail it to the Supreme Court registry named on the Writ of Summons or Petition within 7 days of receiving the Writ of Summons or Petition. There is no cost for filing an Appearance.

What happens next

In Supreme Court, the process is more complex than in Small Claims Court. The plaintiff (person suing you) must file and serve you with a Statement of Claim, setting out the claim in detail. You (the defendant) must then answer with a Statement of Defence.

During the next stage of a Supreme Court proceeding, known as "discovery", the parties exchange documents and may cross-examine each other outside of court. Finally, if the case is not resolved, it will proceed to trial.

Where to get help

See the Resource Guide in Part 2 for a list of helpful resources. Your best bets are:

• Small Claims Court website for information on Small Claims procedures and representing yourself in Small Claims Court.
• Supreme Court Self-help Centre website for information on Supreme Court procedures and representing yourself in Supreme Court.
• Access Justice, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, and Private Bar Lawyers.

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview in Part 3 of this guide. Make sure you bring copies of all documents relating to your case.

An award of money payable by one party to a court proceeding to another, usually as compensation for loss or harm suffered as a result of the other party’s actions or omissions. In family law, damages are usually awarded to one party in compensation for breach of contract or spousal abuse. See "breach of contract" and "tort."

Something which can be owned. See "chattels" and "real property."

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

A legal document required by the Provincial Court Family Rules to respond to a claim made in an applicant's Application to Obtain an Order. See "applicant," "Application to Obtain an Order," "claim" and "Counterclaim."

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

(1) A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched, and reviewed, or (2) a courthouse.

In law, someone acting on behalf of someone else, with that person's express permission and normally at their express direction.

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

The person who starts a court proceeding seeking an order for a specific remedy or relief against another person, the respondent. See "action" and "respondent."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

A dispute resolution process in which a specially-trained neutral person facilitates discussions between the parties to a legal dispute and helps them reach a compromise settling the dispute. See "alternative dispute resolution" and "family law mediator."

A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed.

A court form required by the Supreme Court Family Rules used to commence court proceedings that can be dealt with in the manner of an application, without the need for a protracted process of disclosure and discovery. See "action," "application," "disclosure" and "discovery."

In law, response to an allegation of fact or to a claim. Usually refers to documents that reply to the allegations or claims made by the other party, such as a "Response to Family Claim" or a "Reply."

In law, (1) the whole of the conduct of a court proceeding, from beginning to end, and the steps in between, may also be used to refer to (2) a specific hearing or trial. See "action."

A step in a court proceeding in which a party may demand that the other party produce specific documents and submit to a cross-examination, on oath or affirmation, outside of court before trial. This process is regulated by the rules of court. The purpose of this step is to encourage the settlement of court proceedings and to make sure that each party knows what the other party's case will be at trial. See "examination for discovery."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.