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Difference between revisions of "How Small Claims Proceed (20:VIII)"
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How Small Claims Proceed (20:VIII) (view source)
Revision as of 20:30, 23 July 2017
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== A. Vancouver (Robson Square) == | == A. Vancouver (Robson Square) == | ||
=== 1. Claims of $5,000 | === 1. Claims of $5,000-$10,000 === | ||
Where the claim | Where the claim and counterclaim, if any, are each $5,000 - $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 === | ||
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If the claimant or counterclaimant '''is in the business''' of lending money or extending credit and is suing for a debt that arises from a loan or the extension of credit, a summary trial will be scheduled pursuant to Rule 9.2; except for the trial, no other court appearances are typically required. The trial will be held before a judge and usually takes fewer than 30 minutes to complete. | If the claimant or counterclaimant '''is in the business''' of lending money or extending credit and is suing for a debt that arises from a loan or the extension of credit, a summary trial will be scheduled pursuant to Rule 9.2; except for the trial, no other court appearances are typically required. The trial will be held before a judge and usually takes fewer than 30 minutes to complete. | ||
=== 3. Claims Exceeding $ | === 3. Claims Exceeding $10,000 or Personal Injury Claims (Any Amount) === | ||
If the claim exceeds $ | 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 [[Small Claims Trial/Pre-Trial Conferences (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 [[Small Claims Trial Preparation (20:XII) | section XII]]. | ||
== B. Richmond == | == B. Richmond == | ||
=== 1. Claims of $5,000 | === 1. Claims of $5,000 - $10,000 === | ||
Where the claim and counterclaim, if any, are each $5,000 | Where the claim and counterclaim, if any, are each $5,000 - $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) === | ||
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Any party to a proceeding where the amount of a claim, counterclaim, or third party notice exceeds $10,000 '''may''' initiate Rule 7.3 mediation. 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. | Any party to a proceeding where the amount of a claim, counterclaim, or third party notice exceeds $10,000 '''may''' initiate Rule 7.3 mediation. 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. | ||
== E. Civil Resolution Tribunal ($5000 or less) | |||
The Civil Resolution Tribunal is designed to facilitate dispute resolution in a way that is accessible, speedy, economical and flexible. It relies heavily on electronic communication tools. It focuses on resolution by agreement of the parties first, and by the Tribunal’s binding decisions if no agreement is reached. | |||
Adjudicators will decide most cases by reviewing the evidence and arguments submitted through the tribunal’s online tools. The adjudicator may order a telephone, video or face-to-face hearing if warranted by the circumstances. The tribunal can determine all matters relating to the tribunal decision process and if, at any time before or during the tribunal decision process, the tribunal decides that a dispute requires further facilitation, it can refer the dispute back to facilitation, and suspend the tribunal decision process until a facilitator refers the dispute back to the tribunal decision process. | |||
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