Difference between revisions of "Choosing the Proper Forum for Small Claims (20:IV)"
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(Added section e) Non-Consensual Sharing of Intimage images. Added brief info on request for permission to be represented under "Process". Other minor edits) |
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There are several options for resolving most civil disputes in British Columbia: Alternative Dispute Resolution, specialised tribunals, Small Claims Court, the Civil Resolution Tribunal and the Supreme Court of British Columbia. | There are several options for resolving most civil disputes in British Columbia: Alternative Dispute Resolution, specialised tribunals, Small Claims Court, the Civil Resolution Tribunal and the Supreme Court of British Columbia. | ||
Certain claims must be made through administrative tribunals instead of the courts. See, for example, '''Section IV.C: Civil Resolution Tribunal''' for small claims matters under $5,000, | Certain claims must be made through administrative tribunals instead of the courts. See, for example, '''Section IV.C: Civil Resolution Tribunal''' for small claims matters under $5,000, including certain types of disputes between roomates, certain motor vehicle injury disputes, and strata matters, '''Chapter 6: Human Rights''' for human rights claims proceeding through the Human Rights Tribunal, '''Chapter 7: Workers’ Compensation''' for workers’ compensation claims proceeding through the Workers’ Compensation Board, '''Chapter 8: Employment Insurance''' for EI matters proceeding through the Social Security Tribunal, '''Chapter 9: Employment Law''' for employment law related matters proceeding through the Employment Standards Branch, and '''Chapter 19: Landlord and Tenant Law''' for tenancy matters proceeding through the Residential Tenancy Branch. | ||
In order to bring a claim in British Columbia, the court or tribunal must have territorial jurisdiction. If either the subject matter of the claim (e.g., the contract or wrongful act) occurred in British Columbia or the Defendant resides or does business in British Columbia, this may be a sufficient connection for a court or tribunal to assert jurisdiction. It is sometimes unclear whether British Columbia has a sufficient connection to the claim and is the most appropriate forum. If the court’s jurisdiction is not clear, a claimant should obtain legal advice and review applicable case law; see [https://canlii.ca/t/jpkt8 ''Douez v. Facebook, Inc.'', 2022 BCSC 914]. | In order to bring a claim in British Columbia, the court or tribunal must have territorial jurisdiction. If either the subject matter of the claim (e.g., the contract or wrongful act) occurred in British Columbia or the Defendant resides or does business in British Columbia, this may be a sufficient connection for a court or tribunal to assert jurisdiction. It is sometimes unclear whether British Columbia has a sufficient connection to the claim and is the most appropriate forum. If the court’s jurisdiction is not clear, a claimant should obtain legal advice and review applicable case law; see [https://canlii.ca/t/jpkt8 ''Douez v. Facebook, Inc.'', 2022 BCSC 914]. | ||
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The Supreme Court has broad jurisdiction. It is not bound by any monetary limits and there are few restrictions on the types of claims that it can hear. The Supreme Court can grant injunctions, conduct judicial reviews, and make new laws. | The Supreme Court has broad jurisdiction. It is not bound by any monetary limits and there are few restrictions on the types of claims that it can hear. The Supreme Court can grant injunctions, conduct judicial reviews, and make new laws. | ||
The Supreme Court is not designed | The Supreme Court is not designed with special regard to lay litigants. Parties without legal training or legal advice may find it much more difficult to navigate than Small Claims Court. There are, however, a number of resources ([[Governing Legislation and Resources for Small Claims (20:II)#4. Other Resources | II.4. Other Resources]]) to help lay litigants bring and defend claims in Supreme Court. | ||
The court fees in Supreme Court are higher than in Small Claims Court; they can be waived, however, for those who cannot afford them. | The court fees in Supreme Court are higher than in Small Claims Court; they can be waived, however, for those who cannot afford them. | ||
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The CRT's ability to resolve these disputes is subject to a number of limitations; see s 126 of the ''Civil Resolution Tribunal Act''. For example, claims cannot be made with respect to any matter relating to terminating membership, expelling members, winding up the cooperative association, or appealing decisions made by the Registrar of Companies. | The CRT's ability to resolve these disputes is subject to a number of limitations; see s 126 of the ''Civil Resolution Tribunal Act''. For example, claims cannot be made with respect to any matter relating to terminating membership, expelling members, winding up the cooperative association, or appealing decisions made by the Registrar of Companies. | ||
==== e) Authority to Refuse Dispute ==== | ==== e) Non-Consensual Sharing of Intimate Images ==== | ||
On March 30, 2023, the BC legislature passed the Intimate Images Protection Act (IIPA). Under its authority, the CRT will be able to resolve claims about the non-consensual sharing of intimate images. | |||
The IIPA is not yet in force. It will be brought into force by regulation, at a date to be determined. Once in force, under this legislation, victims will have potential recourse against both individuals who share or threaten to share victims’ intimate images non-consensually, as well as against technology companies who publish these images. Under the IIPA, a judge or tribunal decision maker can order a technology company to stop distribution and remove an intimate image from its platform. Technology companies in non-compliance with these orders can face penalties. | |||
To obtain such orders, applicants need to show that the image is an intimate image depicting the applicant, and that another person distributed it without their consent. | |||
==== f) Authority to Refuse Dispute ==== | |||
The CRT has the discretionary authority to refuse to resolve a claim or dispute that otherwise falls within their jurisdiction (Civil Resolution Tribunal Act, s 11). Some of the more common reasons are: | The CRT has the discretionary authority to refuse to resolve a claim or dispute that otherwise falls within their jurisdiction (Civil Resolution Tribunal Act, s 11). Some of the more common reasons are: | ||
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Using the tribunal to resolve a dispute within its jurisdiction is mandatory by default. However, if the CRT refuses to resolve a claim it can be brought to another court. A party can also apply to court to be exempted from the CRT. For more information see: https://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters | Using the tribunal to resolve a dispute within its jurisdiction is mandatory by default. However, if the CRT refuses to resolve a claim it can be brought to another court. A party can also apply to court to be exempted from the CRT. For more information see: https://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters | ||
The tribunal is designed to be more informal, faster, and less expensive than Small Claims Court, and will be conducted primarily using the internet and email. Unlike Small Claims Court, the tribunal generally requires the parties to be self-represented; lawyers are generally not permitted (Civil Resolution Tribunal Act, s 20). There are exceptions to this, including where a party is a minor or has impaired capacity, where the rules permit the party to be represented or where the tribunal permits representation because it is in the interests of justice and fairness. If a party wishes to request a representative, they should contact the CRT directly to obtain a Representation Request Form. | The tribunal is designed to be more informal, faster, and less expensive than Small Claims Court, and will be conducted primarily using the internet and email. Unlike Small Claims Court, the tribunal generally requires the parties to be self-represented; lawyers are generally not permitted (Civil Resolution Tribunal Act, s 20). There are exceptions to this (see subsections 2 and 3), including where a party is a minor or has impaired capacity, where the rules permit the party to be represented or where the tribunal permits representation because it is in the interests of justice and fairness. If a party wishes to request a representative, they should contact the CRT directly to obtain a Representation Request Form. | ||
In considering a request for permission to be represented by a lawyer or other person, the CRT will consider various factors set under Rule 1.16. | |||
All representatives and helpers must comply with the CRT’s Code of Conduct https://civilresolutionbc.ca/wp-content/uploads/CRT-Code-of-Conduct-Apr-2021.pdf | |||
:'''NOTE:''' Parties may obtain legal assistance and/or advice without submitting a Form, however, their lawyer will not be able to participate directly in the CRT process. | :'''NOTE:''' Parties may obtain legal assistance and/or advice without submitting a Form, however, their lawyer will not be able to participate directly in the CRT process. | ||