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

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Starting a Small Claim (20:V) (view source)

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{{REVIEWED LSLAP | date= August 5, 2021}}
{{REVIEWED LSLAP | date= August 12, 2022}}
{{LSLAP Manual TOC|expanded = smallclaims}}
{{LSLAP Manual TOC|expanded = smallclaims}}


As of June 1, 2017, the Civil Resolution Tribunal now has jurisdiction for small claims matters of $5,000 or less. If you are wanting to bring a claim for between $5,001 – 35,000, then it should be brought through Small Claims Court. Directions for filings were affected by the COVID-19 pandemic; however, the filing restrictions have since been removed. For current information, visit https://www.provincialcourt.bc.ca/COVID19. Conversely, the CRT is fully functional and remained so throughout the pandemic.


== A. Pronouns ==
== A. Pronouns ==
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Both the BC Supreme Court (“BCSC”) and BC Provincial Court (“BCPC”) have issued practice directives regarding the form of address for parties and counsel in proceedings, effective December 16, 2020. The changes support a shift in professional practice towards asking all people how they should be respectfully addressed. A link to the BCSC practice direction can be found here: [https://can01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.bccourts.ca%2Fsupreme_court%2Fpractice_and_procedure%2Fpractice_directions%2Fcivil%2FPD-59_Forms_of_Address_for_Parties_and_Counsel_in_Proceedings.pdf&data=04%7C01%7Cmpomponio%40lslap.bc.ca%7Cfd1a1c4270da4286a21808d9321c3db1%7Cd4bec773a2bd42bf80170ee22f61bc95%7C0%7C0%7C637595919155342139%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=gCTeq5yOuQy3a%2FGQgFbl4VJVRLsWEA8wJ0SviKzdDfM%3D&reserved=0 PD-59_Forms_of_Address_for_Parties_and_Counsel_in_Proceedings.pdf (bccourts.ca)]. A link to the PCSC practice direction can be found here: [https://can01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.provincialcourt.bc.ca%2Fdownloads%2FPractice%2520Directions%2FNP%252024%2520Form%2520of%2520Address%2520for%2520Parties%2520and%2520Lawyers.pdf&data=04%7C01%7Cmpomponio%40lslap.bc.ca%7Cfd1a1c4270da4286a21808d9321c3db1%7Cd4bec773a2bd42bf80170ee22f61bc95%7C0%7C0%7C637595919155342139%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=QBsOlRhraXePmbRETS3qebMuzdh5NBYfIbAGGNlBbtY%3D&reserved=0 NP 24 Form of Address for Parties and Lawyers.pdf (provincialcourt.bc.ca)]. For example, at the beginning of any in-person or virtual proceeding, when parties are introducing themselves, or lawyers are introducing themselves, their client, witness, or another individual, they should provide the judge or justice with each person’s name, title (e.g. “Mr./Ms./Mx./Counsel Jones”) and pronouns to be used in the proceeding. If a party or counsel do not provide this information in their introduction, they will be prompted by a court clerk to provide this information.
Both the BC Supreme Court (“BCSC”) and BC Provincial Court (“BCPC”) have issued practice directives regarding the form of address for parties and counsel in proceedings, effective December 16, 2020. The changes support a shift in professional practice towards asking all people how they should be respectfully addressed. A link to the BCSC practice direction can be found here: [https://can01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.bccourts.ca%2Fsupreme_court%2Fpractice_and_procedure%2Fpractice_directions%2Fcivil%2FPD-59_Forms_of_Address_for_Parties_and_Counsel_in_Proceedings.pdf&data=04%7C01%7Cmpomponio%40lslap.bc.ca%7Cfd1a1c4270da4286a21808d9321c3db1%7Cd4bec773a2bd42bf80170ee22f61bc95%7C0%7C0%7C637595919155342139%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=gCTeq5yOuQy3a%2FGQgFbl4VJVRLsWEA8wJ0SviKzdDfM%3D&reserved=0 PD-59_Forms_of_Address_for_Parties_and_Counsel_in_Proceedings.pdf (bccourts.ca)]. A link to the PCSC practice direction can be found here: [https://can01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.provincialcourt.bc.ca%2Fdownloads%2FPractice%2520Directions%2FNP%252024%2520Form%2520of%2520Address%2520for%2520Parties%2520and%2520Lawyers.pdf&data=04%7C01%7Cmpomponio%40lslap.bc.ca%7Cfd1a1c4270da4286a21808d9321c3db1%7Cd4bec773a2bd42bf80170ee22f61bc95%7C0%7C0%7C637595919155342139%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=QBsOlRhraXePmbRETS3qebMuzdh5NBYfIbAGGNlBbtY%3D&reserved=0 NP 24 Form of Address for Parties and Lawyers.pdf (provincialcourt.bc.ca)]. For example, at the beginning of any in-person or virtual proceeding, when parties are introducing themselves, or lawyers are introducing themselves, their client, witness, or another individual, they should provide the judge or justice with each person’s name, title (e.g. “Mr./Ms./Mx./Counsel Jones”) and pronouns to be used in the proceeding. If a party or counsel do not provide this information in their introduction, they will be prompted by a court clerk to provide this information.


At the CRT, the staff follows a similar procedure by asking all parties to identify their preferred pronouns and form of address (e.g. “Mr./Ms./Mx./Counsel Jones”). The CRT works with LGBTQ+ organizations to ensure that it approaches this issue in a respectful and inclusive way that is free of assumptions.  
At the CRT, the staff follows a similar procedure by asking all parties to identify their pronouns and form of address (e.g. “Mr./Ms./Mx./Counsel Jones”). The CRT works with LGBTQ+ organizations to ensure that it approaches this issue in a respectful and inclusive way that is free of assumptions. If a party does not provide this information, the CRT will default to gender neutral forms of address.  


== B. Settlement Letter ==
== B. Settlement Letter ==
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Good faith attempts to settle may involve concessions and admissions of liability. For example, a claimant may offer to settle for less than the claim to account for the cost, time investment, and risk of going to trial. A defendant, for example, may admit liability but dispute the  amount owed. Whenever parties can agree on certain points, the likelihood of settlement increases.  
Good faith attempts to settle may involve concessions and admissions of liability. For example, a claimant may offer to settle for less than the claim to account for the cost, time investment, and risk of going to trial. A defendant, for example, may admit liability but dispute the  amount owed. Whenever parties can agree on certain points, the likelihood of settlement increases.  


Because of the strong public interest in settlement, these bona fide settlement attempts are protected by settlement privilege. This means that, if the matter is not settled, any reductions in the claim or admissions made disappear and cannot be used against the party who made them (''Schetky v Cochrane'', [1918] 1 WWR 821 (BCCA); ''Greenwood v Fitts'' (1961), 29 DLR (2d) 260 (BCCA)). It is prudent to include the words “WITHOUT PREJUDICE” in correspondence involving bona fide attempts to settle to indicate that the party sending the document wishes to rely on settlement privilege; settlement privilege will still apply, however, even if “WITHOUT PREJUDICE” is not included.
Because of the strong public interest in settlement, these bona fide settlement attempts are protected by settlement privilege. This means that, if the matter is not settled, any admissions during negotiations cannot be used against the party who made them ([https://decisions.civilresolutionbc.ca/crt/crtd/en/item/511807/index.do ''Boles v. Harrison'', 2021 BCCRT 906]). It is prudent to include the words “WITHOUT PREJUDICE” in correspondence involving bona fide attempts to settle to indicate that the party sending the document wishes to rely on settlement privilege; settlement privilege will still apply, however, even if “WITHOUT PREJUDICE” is not included.


Settlement letters should be brief, factual, and clearly state the amount claimed even if that amount exceeds $25,000. Settlement letters should  have a courteous tone as a letter that invokes a hostile reaction from the recipient will be counter-productive. A party writing a settlement  letter should never threaten criminal or regulatory penalties; '''extortion is a criminal offence'''. If a settlement between the two parties is not successful, then you may consider drafting a notice of claim.
Settlement letters should be brief, factual, and clearly state the amount claimed even if that amount exceeds $25,000. Settlement letters should  have a courteous tone as a letter that invokes a hostile reaction from the recipient will be counter-productive. A party writing a settlement  letter should never threaten criminal or regulatory penalties; '''extortion is a criminal offence'''. If a settlement between the two parties is not successful, then you may consider drafting a notice of claim.
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A corporation is a legal entity that is separate from its shareholders and employees. It is identified by a corporate designation such as Incorporated, Limited, Corporation, their abbreviations Inc., Ltd., or Corp., or their French equivalent following the business name.  
A corporation is a legal entity that is separate from its shareholders and employees. It is identified by a corporate designation such as Incorporated, Limited, Corporation, their abbreviations Inc., Ltd., or Corp., or their French equivalent following the business name.  
A corporation may register a sole proprietorship or partnership and operate under that name. To sue such a company, a claimant should include both the corporate name and the name of the proprietorship or partnership: i.e., 0123456 BC Ltd. dba Joe’s Bakery. The letters dba stand for “doing business as”. Variations such as “coba” meaning “carrying on business as” are also acceptable.


A corporation can enter into contracts and can sue or be sued. Generally speaking, a corporation’s shareholders, officers, directors, and  employees are not liable for the actions or liabilities of the corporation or their own actions while acting within the scope of their office or employment. A person who feels that a shareholder, director, officer, or employee of a corporation might be liable should obtain legal advice.  
A corporation can enter into contracts and can sue or be sued. Generally speaking, a corporation’s shareholders, officers, directors, and  employees are not liable for the actions or liabilities of the corporation or their own actions while acting within the scope of their office or employment. A person who feels that a shareholder, director, officer, or employee of a corporation might be liable should obtain legal advice.  
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Corporations may be either provincially or federally incorporated. A federal company is incorporated under the ''Canada Business Corporations Act'', RSC 1985, c. C-44 [CBCA]. A BC corporation is incorporated under the ''Business  Corporations Act'', SBC 2002, c 57 [BCBCA]. Corporations may also be registered under the laws of the other provinces and territories.  
Corporations may be either provincially or federally incorporated. A federal company is incorporated under the ''Canada Business Corporations Act'', RSC 1985, c. C-44 [CBCA]. A BC corporation is incorporated under the ''Business  Corporations Act'', SBC 2002, c 57 [BCBCA]. Corporations may also be registered under the laws of the other provinces and territories.  


Because a corporation can have multiple locations, every corporation, including non-BCBCA corporations, doing business in BC must provide an address where it can be served with notices of claim and other important documents. A claimant must perform a company search to obtain the current registered address for the defendant corporation (''SCR'', Rule 1(2.1); and Rule 5(2.1)). This address must be listed as the corporation’s address on the notice of claim form.  
Because a corporation can have multiple locations, every corporation, including non-BCBCA corporations, doing business in BC must provide an address where it can be served with notices of claim and other important documents.
 
To sue a corporation, a claimant must perform a company search to obtain the registered name and address for the defendant corporation (''SCR'', Rule 1(2.1); and Rule 5(2.1)). The corporation’s registered name and address must be the ones on the notice of claim form and a corporate search must be included when filing the notice of claim. See Section II: Other Resources for how to complete a company search.  


==== b) Partnership ====
==== b) Partnership ====
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