I Am Being Sued — What Should I Expect?

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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[edit]

First steps[edit]

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?[edit]

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.


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Supreme Court[edit]

First steps[edit]

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?[edit]

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[edit]

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

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.