Starting a Small Claim (20:V): Difference between revisions

The Notice of Claim is the document that starts an action in Small Claims Court.   The Notice of Claim form is comprised of several sections and each section must be completed. The form can be either typed or handwritten. Hard copies are available from the court registry56 and an electronic copy is available online57. Where possible, a claimant should type the Notice of Claim form.  

A sample Notice of Claim58  is attached and may be a helpful guideline  when drafting a Notice of Claim.  

This section must contain the claimant’s full legal name, address, and telephone number. The claimant has an on-going duty to notify the court registry of any changes to the information in this section. Failure to provide the registry with current and accurate contact information  may result in the claimant’s claim being dismissed and/or the claimant being liable for costs or penalties.  

The claimant must list the full legal name, address for service, and, if available, the telephone number for each defendant. If additional space is required, the claimant may attach a piece of paper listing this information for each defendant. Alternatively, the Notice of Claim filing assistant59 can neatly add multiple defendants onto one Notice of Claim form.  

Failure to list the proper legal name of a defendant may result in the claimant’s claim against that defendant being dismissed or the judgment against that defendant being unenforceable. If the limitation period60  has already expired,  the claimant may not be able to correct the error.  

In this section, the claimant must list the facts that support the claimant’s cause(s) of action and the damages that the claimant has suffered.The claimant should adhere to the following general rules:  

#Use paragraphs – use one paragraph to state each fact that you will prove -- Number each paragraph beginning at 1  

In this section, one must set out the facts that give rise to the cause of action, and the loss or damage that resulted. This description should be brief, but must inform the opposing party of the case to be met and give the judge an outline of what will be argued. The Notice of Claim (Form 1) has little space for the facts, but the facts can continue onto another piece of paper. The additional facts must be attached to each copy of the Notice of Claim. In general, the pleadings should be brief, complete, and as accurate as possible.             

The facts as alleged must give rise to a legal cause of action. After the facts, state the legal cause of action(s) that entitle you to the  relief you are seeking. If there is more than one cause of action, plead the strongest one and plead the other ones in the alternative.   For example, in a claim for a bad car repair, a claimant can sue for breach of contract and negligence. A pleading might read: “In addition, or in  the alternative, the claimant claims damages as a result of the defendant’s negligent repair of the automobile”.  

Claimants will usually be bound by the facts in the pleadings. If the facts or legal basis need to be changed, the claimant may be able to amend the Notice of Claim61.  

When there is more than one defendant, the claimant should make it clear whether their liability is joint, several, or joint and several. This  distinction affects enforcement of a judgment and any subsequent actions arising out of the same cause. Liability stated as joint and several is more inclusive.  

Where liability is several, the claimant can sue any or all of the defendants however each defendant is obligated to repay only his own portion of the debt.  

Where liability is joint and several, the claimant may sue any or all of the defendants and may recover the full amount from any or all of the  defendants. The debtors can then litigate among themselves to apportion the debt between them.  

The claimant should enter the name of the municipality as well as the province where the cause of action arose. If the cause of action arose outside of British Columbia, the claimant must state in the “What Happened?” section how the court has jurisdiction over the claim62.