Difference between revisions of "Court Process in Consumer and Debt Matters"

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There are two basic aspects to any court case:
There are two basic aspects to any court case:
* '''Substance:''' Refers to the merits of the case — whether the client has a claim against someone else, or, if the client is a defendant, whether there is a defence to a claim made against them.

* '''Substance''': Refers to the merits of the case — whether the client has a claim against someone else, or, if the client is a defendant, whether there is a defence to a claim made against them.

* '''Procedure:''' Refers to the court processes necessary to resolve the merits of a case.

* '''Procedure''': Refers to the court processes necessary to resolve the merits of a case.



Almost all legal actions in British Columbia will be started in either Small Claims Court or Supreme Court. In a very few instances, not covered here, an action may be started in the Federal Court of Canada. Small Claims Court and Supreme Court are commonly called trial courts, because that is where trials of claims are heard. The key resources for understanding the processes in these two courts are the rules prescribed for each: the [http://canlii.ca/t/8571 Small Claims Rules] and the [http://canlii.ca/t/8lld Supreme Court Civil Rules].
Almost all legal actions in British Columbia will be started in either Small Claims Court or Supreme Court. In a very few instances, not covered here, an action may be started in the Federal Court of Canada. Small Claims Court and Supreme Court are commonly called trial courts, because that is where trials of claims are heard. The key resources for understanding the processes in these two courts are the rules prescribed for each: the [http://canlii.ca/t/8571 Small Claims Rules] and the [http://canlii.ca/t/8lld Supreme Court Civil Rules].
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