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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.
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.  
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.  
 
 
To search for a '''provincially''' regulated company, the client may request a company or society search in person:
 
'''Surrey Board of Trade'''
 
{{ResourcesLSLAP_addressphone
| address = 101 – 14439 104th Ave <br /> Surrey, BC V3R 1M1
| phone = (604) 581-7130 <br /> Toll-free: 1-866-848-7130
}}
 
'''Small Business B.C.'''
 
{{ResourcesLSLAP_addressphone
| address = 54 - 601 West Cordova St <br /> Vancouver, BC V6B 1G1
| phone = (604) 775-5525 <br /> Toll-free in B.C.: 1-800-667-2272
}}
 
'''BC Registry Services'''
 
{{ResourcesLSLAP_addressphone
| address = 940 Blanshard Street <br /> Victoria, BC V8W 2H3
| phone = (250) 387-7848 <br /> Vancouver: (604) 660-2421 <br /> Toll-free in B.C.: 1-877-526-1526
}}
 
The client may also write to:
 
{| class="wikitable"
| style="font-weight: bold;" | Registrar of Companies
|-
| P.O. Box 9431
Station Provincial Government
 
Victoria, BC V8W 9V3
|}
 
For more information about searching for provincial companies, refer to: 
*http://smallbusinessbc.ca/services/
*http://www.bcregistryservices.gov.bc.ca/ 
*http://www.bconline.gov.bc.ca (online feature now available by opening a new account).
 
Partnerships and non-profit societies are also registered in the company directory and would show up in a search. In cases that involve franchises, it is important to do a company search to see how the other party is registered; it may be possible to sue the parent company and the individual who owns the franchise rights. The search costs $10, and cheques and/or money orders should be made payable to the Minister of Finance at: BC Registries and Online Services, Courier: 200 - 940 Blanshard Street, Victoria, BC V8W 3E6, Mail: PO Box 9431 Stn Prov Govt, Victoria, BC V8W 9V3.
 
 
'''If Unincorporated:'''
 
{{ResourcesLSLAP
| address = City of Vancouver Licence Office <br /> 515 West 10th Ave <br /> Vancouver, BC V5Z 4A8
| phone = (604) 873-7611
| online = [http://vancouver.ca/doing-business/licenses-and-permits.aspx Website]
}}
 
To search for a '''federally''' regulated company, refer to:
 
{{ResourcesLSLAP
| address = Industry Canada <br /> C.D. Howe Building <br /> 235 Queen Street <br /> Ottawa, Ontario  K1A 0H5
| online = [http://www.ic.gc.ca Website]
}}
 


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


A partnership can exist between one or more persons and is governed by the ''Partnership Act'', RSBC 1996, c 348 [PA]. A person includes a corporation.  
A partnership can exist between one or more persons and is governed by the ''Partnership Act'', RSBC 1996, c 348 [PA].  


The rules for determining whether a partnership exists are set out in s 4 of the PA. Generally speaking, all partners are personally liable for the debts of the business: s 7 of the PA. As it is impossible to tell whether a business is a partnership or a sole proprietorship from the name alone, a claimant should perform a company search to learn the true structure of the business as well as the name and address of each partner.  
The rules for determining whether a partnership exists are set out in s 4 of the PA. Generally speaking, all partners are personally liable for the debts of the business: s 7 of the PA. As it is often impossible to tell whether a business is a partnership or a sole proprietorship from the name alone, a claimant should perform a company search to learn the true structure of the business as well as the name and address of each partner.  


The proper way to list each partner on the notice of claim is:               
The proper way to list each partner on the notice of claim is:               
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==== c) Sole Proprietorship ====
==== c) Sole Proprietorship ====


A sole proprietorship allows a single person or corporation to do business under a business name. Sole proprietorships are registered under Part 4 of the PA. A sole proprietor is personally responsible for the debts of the business.  
A sole proprietorship allows a single person to do business under a business name. Sole proprietorships are registered under Part 4 of the PA. A sole proprietor is personally responsible for the debts of the business.  


As it is impossible to tell whether a business is a partnership or a sole proprietorship from the name alone, a claimant should perform a company search to learn the true structure of the business as well as the name and address of the proprietor.  
As it is impossible to tell whether a business is a partnership or a sole proprietorship from the name alone, a claimant should perform a company search to learn the true structure of the business as well as the name and address of the proprietor.  
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=== 4. Suing I.C.B.C. ===
=== 4. Suing I.C.B.C. ===
 
The legal name of ICBC is the Insurance Corporation of British Columbia. It is a special type of corporation and the usual corporate designation such as Inc. is not required.
A claimant who is suing for the deductible portion of an insurance policy must name both the driver and the registered owner of the vehicle as defendants rather than ICBC. A claimant who only has the number plate of the vehicle can obtain the owner’s name by writing a letter to ICBC’s Vehicle Records Office.
 
'''ICBC Insurance Enquiries'''
 
151 West Esplanade
 
North Vancouver, BC  V7M 3H9
 
Telephone: (604) 661-2233 or 1(800) 464-5050
 
'''Note''': If a motor vehicle has caused personal injury or property damage or a claimant has been denied coverage by ICBC, refer to '''Chapter 12: Automobile Insurance (ICBC)''' and '''Chapter 13: Motor Vehicle Law'''. Claims involving motor vehicles and motor vehicle insurance are currently complex and evolving. The constitutionality of the CRT having jurisdiction over minor injury determinations and claims fault and damage claims up to $50,000 is being appealed ([https://www.bccourts.ca/jdb-txt/sc/21/03/2021BCSC0348.htm ''Trial Lawyers’ Association of British Columbia v British Columbia (Attorney General)'', 2021 BCSC 348, at para 414]). In the meantime, people can proceed to either the CRT or the court. Get legal advice to determine which process is best for you. For more information, visit https://civilresolutionbc.ca/how-the-crt-works/getting-started/motor-vehicle-accidents-and-injuries/.
 
Many personal injury lawyers work on a contingency basis. A claimant may wish to consult a personal injury lawyer prior to filing the claim to ensure that the amount claimed is reasonable and all parties are properly listed on the Notice of Claim.
 
Whether or not ICBC is named as a defendant, in a claim for damages caused by a vehicle in British Columbia, a claimant '''must''' serve ICBC with a copy of the Notice of Claim and a blank Reply form in the same manner as serving a corporate defendant (''Insurance (Vehicle) Act'', RSBC 1996, c 231, s 22).
 
Where ICBC is properly named as a defendant, its correct legal name is the '''Insurance Corporation of British Columbia'''. It is a special type of corporation and the usual corporate designation such as Inc. is not required.


=== 5. Suing the Government ===
=== 5. Suing the Government ===
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=== 7. Suing a Municipality ===
=== 7. Suing a Municipality ===


Municipalities are special corporations incorporated by letters patent. A municipality means, in relation to a regional district, a municipality in the regional district and, in the case of the Metro Vancouver Regional District, includes the City of Vancouver (''Local Government Act'', RSBC 2015, c 1, Schedule, s 1). When letters patent are issued, the name of the incorporated municipality is published in the [https://www.crownpub.bc.ca/Home/Gazette BC Gazette] (''Local Government Act'', RSBC 2015, c 1, s 780(1)(a)). A claimant should search the BC Gazette to obtain the legal name of the municipality.
Municipalities are special corporations. A claimant should search the BC Gazette to obtain the legal name of the municipality.


It is critical that a claimant provide written notice to the city within ''two months'' of the time, place, and manner in which the damage has been sustained. As well, all legal actions must be commenced within 6 months after the cause of action first arose (''Local Government Act'', RSBC 2005, c 1, s 735, s 736). For more information, please see '''Chapter 5: Public Complaints'''.
It is critical that a claimant provide written notice to the city within ''two months'' of the time, place, and manner in which the damage has been sustained. As well, all legal actions must be commenced within 6 months after the cause of action first arose (''Local Government Act'', RSBC 2005, c 1, s 735, s 736). For more information, please see '''Chapter 5: Public Complaints'''.
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=== 9. Suing an Insurance Company other than ICBC ===
=== 9. Suing an Insurance Company other than ICBC ===


Claims against insurers for coverage can be complicated. A claimant should research the law surrounding ''uberrimae fidei'', an insurer’s duty to defend, and an insurer’s duty to indemnify. A claimant should be aware that claims against insurers may have a shorter limitation period.
Claims against insurers for coverage can be complicated.  A claimant should be aware that claims against insurers may have a shorter limitation period. A claimant should research the law surrounding an insurer’s duty to defend, and an insurer’s duty to indemnify.


=== 10. Suing an Unknown Person ===
=== 10. Suing an Unknown Person ===
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A judgment is enforceable for ten years after it is issued (''Limitation Act'', RSBC 1996, c 266, s 7; ''Limitation Act'', SBC 2012, c 13, s 7). After this time, unless it is renewed, the judgment expires and becomes uncollectible. On some occasions, a previously judgment-proof defendant will “come into money” by receiving an inheritance or winning the lottery. This is a rare occurrence and a claimant must invest time and effort to monitor the defendant’s circumstances over the ten years that the judgment is enforceable. A more common change in a judgment-proof defendant’s circumstances is the defendant securing a higher-paying job.  
A judgment is enforceable for ten years after it is issued (''Limitation Act'', RSBC 1996, c 266, s 7; ''Limitation Act'', SBC 2012, c 13, s 7). After this time, unless it is renewed, the judgment expires and becomes uncollectible. On some occasions, a previously judgment-proof defendant will “come into money” by receiving an inheritance or winning the lottery. This is a rare occurrence and a claimant must invest time and effort to monitor the defendant’s circumstances over the ten years that the judgment is enforceable. A more common change in a judgment-proof defendant’s circumstances is the defendant securing a higher-paying job.  


A claimant should also consider the likelihood of the defendant going bankrupt. If the defendant goes bankrupt, the claimant may recover little or none of the amount of the judgment. For more detail on bankruptcy, see “Enforcement of a Judgment”.  
A claimant should also consider the likelihood of the defendant going bankrupt. If the defendant goes bankrupt, the claimant may recover little or none of the amount of the judgment. For more detail on bankruptcy, see “Section XVII: Enforcement of a Judgment”.  


A claimant must decide whether or not to sue before the limitation period expires. If the limitation period expires, a claimant cannot later sue on that cause of action if the defendant’s circumstances change.
A claimant must decide whether or not to sue before the limitation period expires. If the limitation period expires, a claimant cannot later sue on that cause of action if the defendant’s circumstances change.
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Small Claims Solution Explorer website:
Small Claims Solution Explorer website:
https://civilresolutionbc.ca/how-the-crt-works/getting-started/small-claims-solution-explorer/
https://civilresolutionbc.ca/solution-explorer/


Strata Solution Explorer website:
Strata Solution Explorer website:
https://civilresolutionbc.ca/how-the-crt-works/getting-started/strata-solution-explorer/
https://civilresolutionbc.ca/solution-explorer/strata/


Motor Vehicle Injury Solution Explorer website:
Motor Vehicle Injury Solution Explorer website:
https://civilresolutionbc.ca/how-the-crt-works/getting-started/motor-vehicle-accidents-and-injuries/
https://civilresolutionbc.ca/solution-explorer/vehicle-accidents


==== b) Online Negotiations ====
==== b) Online Negotiations ====
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=== 2. Dispute Resolution – Case Management ===
=== 2. Dispute Resolution – Case Management ===


If a claimant’s attempt at online dispute resolution has been unsuccessful, the claimant must formally request resolution of the claim through the tribunal and pay all required fees. A claimant cannot request tribunal resolution if there is a court proceeding or other legally binding process to resolve the claim and a hearing or trial in that court or other legally binding process has been scheduled or has occurred to decide that claim. During the case management phase, the case manager will attempt to facilitate a settlement between the parties by clarifying the claim, providing facilitated mediation, and asking the parties to exchange evidence. If the dispute is not resolved during facilitation, the case manager will help prepare the parties for the tribunal decision process.
If a claimant’s attempt at online dispute resolution has been unsuccessful, the claimant must formally request resolution of the claim through the tribunal and pay all required fees. Generally, a claimant cannot request tribunal resolution if there is a court proceeding or other legally binding process to resolve the claim and a hearing or trial in that court or other legally binding process has been scheduled or has occurred to decide that claim. During the case management phase, the case manager will attempt to facilitate a settlement between the parties by clarifying the claim, providing facilitated mediation, and asking the parties to exchange evidence. If the dispute is not resolved during facilitation, the case manager will help prepare the parties for the tribunal decision process.


If parties do not resolve the claim during the case management phase, the claim will proceed by tribunal hearing (''CRTA'', s 30). If a party to a dispute fails to comply with an order of the tribunal made during the case management phase, the case manager may (after giving notice to the non-compliant party) refer the dispute to the tribunal for resolution, where the tribunal will: (a) proceed to hear the dispute; (b) make an order dismissing a claim in the dispute that is made by the non-compliant party; or (c) refuse to resolve a claim of the non-compliant party or refuse to resolve the dispute (''CRTA'', s 36).  
If parties do not resolve the claim during the case management phase, the claim will proceed by tribunal hearing (''CRTA'', s 30). If a party to a dispute fails to comply with an order or direction of the tribunal made during the case management phase, the case manager may (after giving notice to the non-compliant party) refer the dispute to the tribunal for resolution, where the tribunal will: (a) proceed to hear the dispute; (b) make an order dismissing a claim in the dispute that is made by the non-compliant party; or (c) refuse to resolve a claim of the non-compliant party or refuse to resolve the dispute (''CRTA'', s 36).  


Despite the consent of both parties, the tribunal retains the authority to refuse to resolve a claim or dispute and may exercise this authority at any point before making a final decision resolving the dispute. The general authority for refusing to resolve a claim or dispute is set out in CRTA s 11.
The CRT takes an active role in the dispute resolution process and ensuring the claim is resolved in a timely manner. Parties must ensure they respond promptly during the CRT process. If a party fails to respond to communications with the case manager, the tribunal may decide the claim without their participation.
 
The tribunal retains the authority to refuse to resolve a claim or dispute and may exercise this authority at any point before making a final decision resolving the dispute. The general authority for refusing to resolve a claim or dispute is set out in Civil Resolution Tribunal Act s 11.


==== a) Applying for Dispute Resolution ====
==== a) Applying for Dispute Resolution ====
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* the respondent is a person, corporation, strata corporation, partnership, society, co-operative association or municipality.
* the respondent is a person, corporation, strata corporation, partnership, society, co-operative association or municipality.


===== (3) Providing Notice to, or Serving, the Respondents =====
===== (3) Serving the Respondents =====
If the tribunal advises the applicant that they must serve the Dispute Notice and instructions for response, the applicant must:
The CRT usually tries to serve respondents by regular mail. If the tribunal advises the applicant that they must serve the Dispute Notice and instructions for response, the applicant must:
*serve the Dispute Notice and instructions for response on every respondent named in the dispute and not served by the tribunal within 90 days from the day the Dispute Notice is issued by the tribunal,
*serve the Dispute Notice and instructions for response on every respondent named in the dispute and not served by the tribunal within 90 days from the day the Dispute Notice is issued by the tribunal,
*complete the Proof of Service Form and provide it to the tribunal within 90 days from the day the Dispute Notice is issued by the tribunal, and
*complete the Proof of Service Form and provide it to the tribunal within 90 days from the day the Dispute Notice is issued by the tribunal, and
*provide any other information or evidence about the Dispute Notice or service process requested by the tribunal
*provide any other information or evidence about the Dispute Notice or service process requested by the tribunal


A Dispute Notice can be served on a respondent by e-mail, registered mail, courier delivery requiring a signature, or personal delivery. Notice by e-mail is acceptable proof that the notice requirements are met only if the respondent replies to the email, contacts the CRT about the dispute, or confirms receipt of the Dispute Notice in some other way. See the CRT on Dispute Resolution at https://civilresolutionbc.ca/tribunal-process/starting-a-dispute/dispute-notice/#3-serve-the-dispute-notice-and-instructions-for-response-on-each-respondent. Additional rules regarding notice delivery and when notice is considered accepted can be found here: https://civilresolutionbc.ca/tribunal-process/starting-a-dispute/dispute-notice/.
A Dispute Notice can be served on a respondent by e-mail, registered mail requiring signature, courier delivery requiring a signature, or personal delivery. Notice by e-mail is acceptable proof that the notice requirements are met only if the respondent replies to the email, contacts the CRT about the dispute, or confirms receipt of the Dispute Notice in some other way. Additional rules regarding notice delivery can be found here: https://civilresolutionbc.ca/help/how-do-i-serve-a-dispute-notice/.


If you have unsuccessfully tried to deliver a Dispute Notice to a respondent, you should contact the CRT to request an alternative method of delivery.  
If you have unsuccessfully tried to deliver a Dispute Notice to a respondent, you should contact the CRT to request an alternative method of delivery.  
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===== (3) Companies defined by the ''Business Corporations Act'' =====
===== (3) Companies defined by the ''Business Corporations Act'' =====
An applicant can serve these parties by the following methods:  
An applicant can serve these parties by the following methods:  
*by registered mail, courier delivery requiring a signature or delivery in person to the address shown for the registered office with the Registrar of Companies;  
*by registered mail requiring signature, courier delivery requiring a signature or delivery in person to the address shown for the registered office with the Registrar of Companies;  
*by delivery in person at the place of business of the company, to a receptionist or a person who appears to manage or control the company’s business there;  
*by delivery in person at the place of business of the company, to a receptionist or a person who appears to manage or control the company’s business there;  
*by delivery in person to a director, officer, liquidator, trustee in bankruptcy or receiver-manager of the company (''Business Corporations Act'', SBC 2002, c 57).
*by delivery in person to a director, officer, liquidator, trustee in bankruptcy or receiver-manager of the company (''Business Corporations Act'', SBC 2002, c 57).
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===== (4) Extraprovincial Corporation defined by the ''Business Corporations Act'' =====
===== (4) Extraprovincial Corporation defined by the ''Business Corporations Act'' =====
An applicant can serve these parties by the following methods:  
An applicant can serve these parties by the following methods:  
*by registered mail, courier delivery requiring a signature or delivery in person to the address shown for the head office in the office of the Registrar of Companies if that head office is in British Columbia;  
*by registered mail requiring signature, courier delivery requiring a signature or delivery in person to the address shown for the head office in the office of the Registrar of Companies if that head office is in British Columbia;  
*by registered mail, courier delivery requiring a signature or delivery in person to the address shown in the office of the Registrar of Companies for any attorney appointed for the extraprovincial company; by delivery in person to the place of business of the extraprovincial company, to a receptionist or a person who appears to manage or control the company’s business there;  
*by registered mail, courier delivery requiring a signature or delivery in person to the address shown in the office of the Registrar of Companies for any attorney appointed for the extraprovincial company; by delivery in person to the place of business of the extraprovincial company, to a receptionist or a person who appears to manage or control the company’s business there;  
*by delivery in person to a director, officer, liquidator, trustee in bankruptcy or receiver-manager of the extraprovincial company.
*by delivery in person to a director, officer, liquidator, trustee in bankruptcy or receiver-manager of the extraprovincial company.
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===== (5) Society incorporated under the ''Societies Act'' =====  
===== (5) Society incorporated under the ''Societies Act'' =====  
An applicant can serve these parties by the following methods:  
An applicant can serve these parties by the following methods:  
*by registered mail, courier delivery requiring a signature or delivery in person to the address for service with the Registrar of Companies;  
*by registered mail requiring signature, courier delivery requiring a signature or delivery in person to the address for service with the Registrar of Companies;  
*by delivery in person to a director, officer, receiver manager or liquidator of the society (''Societies Act'', SBC 2015, c. 18, s 252).
*by delivery in person to a director, officer, receiver manager or liquidator of the society (''Societies Act'', SBC 2015, c. 18, s 252).


===== (6) Partnerships =====
===== (6) Partnerships =====
An applicant can serve these parties by the following methods:  
An applicant can serve these parties by the following methods:  
*by registered mail, courier delivery requiring a signature or delivery in person to a partner;
*by registered mail requiring signature, courier delivery requiring a signature or delivery in person to a partner;
*by delivery in person to the partnership’s place of business, to a receptionist or to a person who appears to manage or control the partnership’s business there.
*by delivery in person to the partnership’s place of business, to a receptionist or to a person who appears to manage or control the partnership’s business there.


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===== (8) ICBC (Motor Vehicle Accident-Related Claims) =====
===== (8) ICBC (Motor Vehicle Accident-Related Claims) =====
An applicant must also provide the Dispute Notice to the Insurance Corporation of British Columbia (ICBC) by:  
An applicant must also provide the Dispute Notice to the Insurance Corporation of British Columbia (ICBC) by:  
*sending a copy of the Dispute Notice by registered mail or courier to 800 – 808 Nelson Street, Vancouver, BC V6Z 2H1; or,  
*sending a copy of the Dispute Notice by registered mail requiring signature or courier to 800 – 808 Nelson Street, Vancouver, BC V6Z 2H1; or,  
*delivering a copy of the Dispute Notice in person to an employee at any ICBC claim centre.
*delivering a copy of the Dispute Notice in person to an employee at any ICBC claim centre.


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The purpose of the case management phase is to facilitate an agreement between the parties and to prepare for the tribunal hearing should it be required. The Preparation for Tribunal Hearing phase may be conducted at the same time as the Facilitated Dispute Resolution phase.
The purpose of the case management phase is to facilitate an agreement between the parties and to prepare for the tribunal hearing should it be required. The Preparation for Tribunal Hearing phase may be conducted at the same time as the Facilitated Dispute Resolution phase.


A case manager will determine which processes are appropriate for a particular dispute and has the authority to require the parties to participate. They can adjust or modify the facilitation directions at any time during facilitation. Negotiation and facilitation may be conducted in person, in writing, by telephone, via videoconferencing, via email, via other electronic communication tools, or a combination of these methods.  These negotiations will be mediated by the case manager.
A case manager will determine which processes are appropriate for a particular dispute and has the authority to require the parties to participate. They can adjust or modify the facilitation directions at any time during facilitation. Negotiation and facilitation may be conducted in writing, by telephone, via videoconferencing, via email, via other electronic communication tools, or a combination of these methods.  These negotiations will be mediated by the case manager.
 
The case manager can direct any party in a dispute to provide to the tribunal and to every other party any information and evidence, including explanations of that information or evidence, information about a party’s ability to pay an amount reached by agreement or ordered by the tribunal, responses to another party’s information and communications, and that party’s position on any proposed resolution of a claim in the dispute. During facilitation, the facilitator can refer any matter requiring a decision or order to a tribunal member, including a party’s non-compliance with directions. The information shared during facilitated mediation is confidential and is generally not allowed to be included in the Tribunal Decision Plan, unless it is relevant evidence that would be disclosed in any event.
The case manager can direct any party in a dispute to provide to the tribunal and to every other party any information and evidence, including explanations of that information or evidence, information about a party’s ability to pay an amount reached by agreement or ordered by the tribunal, responses to another party’s information and communications, and that party’s position on any proposed resolution of a claim in the dispute. During facilitation, the facilitator can refer any matter requiring a decision or order to a tribunal member, including a party’s non-compliance with directions. The information shared during facilitated mediation is confidential and is generally not allowed to be included in the Tribunal Decision Plan, unless it is relevant evidence that would be disclosed in any event.


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If the negotiation and facilitation process does not result in a settlement, the case manager will assist the parties in preparing for adjudication by ensuring the parties understand each other’s positions and by directing the exchange of evidence.  Generally, this exchange and communication will occur online. To prepare the dispute for a tribunal decision, the case manager can support the parties in identifying and narrowing the claims or issues that will be decided in the tribunal decision process, identifying the facts relevant to resolving the claims or issues in the tribunal decision process, and taking any other steps to prepare for the tribunal decision process.  
If the negotiation and facilitation process does not result in a settlement, the case manager will assist the parties in preparing for adjudication by ensuring the parties understand each other’s positions and by directing the exchange of evidence.  Generally, this exchange and communication will occur online. To prepare the dispute for a tribunal decision, the case manager can support the parties in identifying and narrowing the claims or issues that will be decided in the tribunal decision process, identifying the facts relevant to resolving the claims or issues in the tribunal decision process, and taking any other steps to prepare for the tribunal decision process.  


As well, the case manager will give the parties a Tribunal Decision Plan, which sets out required information, steps, and timelines to prepare the dispute for the tribunal decision process. Parties must include in the Tribunal Decision Plan all relevant evidence they possess regarding their claim, including evidence that does not support their position (''CRTR'', Rule 8.1(1)). Common kinds of evidence include photos or videos, contracts, correspondence regarding the dispute, and statements from witnesses or experts. All evidence and materials relied on must be translated into English (''CRTR'', Rule 1.7(5)). More information about evidence can be found at https://civilresolutionbc.ca/tribunal-process/starting-a-dispute/evidence/. In particular, the CRT has specific rules regarding expert evidence. See '''Section XIII.B.: Expert Witnesses'''.
As well, the case manager will give the parties a Tribunal Decision Plan, which sets out required information, steps, and timelines to prepare the dispute for the tribunal decision process. Parties must include in the Tribunal Decision Plan all relevant evidence they possess regarding their claim, including evidence that does not support their position (''CRTR'', Rule 8.1(1)). Common kinds of evidence include photos or videos, contracts, correspondence regarding the dispute, and statements from witnesses or experts. All evidence and materials relied on must be translated into English (''CRTR'', Rule 1.7(5)). More information about evidence can be found at https://civilresolutionbc.ca/help/what-is-evidence. In particular, the CRT has specific rules regarding expert evidence. See '''Section XIII.B.: Expert Witnesses'''.


For motor vehicle injury claims, pertinent medical information should also be provided. Note that for this class of dispute there are limits on both the amount of expert evidence that can be submitted and the amount of money that the CRT can order one party to reimburse another for fees and expenses. A party wishing to adduce expert evidence to support a motor vehicle injury claim should consult https://civilresolutionbc.ca/expert-evidence-and-expenses-in-mva-personal-injury-disputes/ for more information. For strata disputes, copies of strata meeting minutes and any complaint letters and/or bylaw infraction letters should be included in the Tribunal Decision Plan.
For motor vehicle injury claims, pertinent medical information should also be provided. Note that for this class of dispute there are limits on both the amount of expert evidence that can be submitted and the amount of money that the CRT can order one party to reimburse another for fees and expenses. A party wishing to adduce expert evidence to support a motor vehicle injury claim should consult https://civilresolutionbc.ca/blog/expert-evidence-and-expenses-in-mva-personal-injury-disputes for more information. For strata disputes, copies of strata meeting minutes and any complaint letters and/or bylaw infraction letters should be included in the Tribunal Decision Plan.


Once the case manager has given the Tribunal Decision Plan to the parties, they cannot add any other party or claim without permission from the tribunal. The tribunal may at any time order that a party be added to the dispute and make directions as to the process to be followed.
Once the case manager has given the Tribunal Decision Plan to the parties, they cannot add any other party or claim without permission from the tribunal. The tribunal may at any time order that a party be added to the dispute and make directions as to the process to be followed.
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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 registry (see [[Small_Claims_Registries_(20:App_A)|Appendix A: Small Claims Registries]]) and an electronic copy is available online at http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms.
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 registry (see [[Small_Claims_Registries_(20:App_A)|Appendix A: Small Claims Registries]]) and an electronic copy is available online at http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms.


Where possible, a claimant should type the Notice of Claim form. A sample Notice of Claim (see [[Sample_Notice_of_Claim_for_Small_Claims_(20:App_C)|Appendix C: Sample Notice of Claim]]) is attached and may be a helpful guideline when drafting a Notice of Claim.  
Where possible, a claimant should type the Notice of Claim form. You can use the Small Claims Filing Assistant to complete a claim online which may then be printed and submitted in person or by mail:https://justice.gov.bc.ca/FilingAssistant/index.do.
 
A sample Notice of Claim (see [[Sample_Notice_of_Claim_for_Small_Claims_(20:App_C)|Appendix C: Sample Notice of Claim]]) is attached and may be a helpful guideline when drafting a Notice of Claim.  


=== 1. “From” ===
=== 1. “From” ===
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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 period has already expired, the claimant may not be able to correct the error (see [[Limitation_Periods_(20:App_F) | Appendix F: Limitation Periods]]).  
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 period has already expired, the claimant may not be able to correct the error (see [[Limitation_Periods_(20:App_F) | Appendix F: Limitation Periods]]).  
If you are suing a corporation, the corporation’s registered name must be listed here. This registered name can be found by completing a company search. A copy of the company search must be included when filing the notice of claim.


=== 3. “What Happened?” ===
=== 3. “What Happened?” ===
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| Individual Over 19 Years Old ||  
| Individual Over 19 Years Old ||  
*Personal service  
*Personal service  
*Registered mail to residence (''SCR'', Rule 2(2))
*Registered mail requiring signature to residence (''SCR'', Rule 2(2))
|-
|-
| Individual Under 19 Years Old ||  
| Individual Under 19 Years Old ||  
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| BC Corporation ||  
| BC Corporation ||  
*Leaving a copy at the '''delivery address''' for the registered office  
*Leaving a copy at the '''delivery address''' for the registered office  
*Registered mail to the '''mailing address''' for the registered office  
*Registered mail requiring signature to the '''mailing address''' for the registered office  
*Personal service on a receptionist or manager at the company’s place of business  
*Personal service on a receptionist or manager at the company’s place of business  
*Personal service on a director, officer, liquidator, trustee in bankruptcy, or receiver manager  
*Personal service on a director, officer, liquidator, trustee in bankruptcy, or receiver manager  
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| Unincorporated Company (Proprietorship) ||  
| Unincorporated Company (Proprietorship) ||  
*Personal service on proprietor  
*Personal service on proprietor  
*Registered mail to proprietor’s residence (''SCR'', Rule 2(2))
*Registered mail requiring signature to proprietor’s residence (''SCR'', Rule 2(2))
|-
|-
| Unincorporated Company (Partnership) ||  
| Unincorporated Company (Partnership) ||  
*Personal service on a partner  
*Personal service on a partner  
*Personal service on a receptionist or manager at the place of business  
*Personal service on a receptionist or manager at the place of business  
*Registered mail to a partner’s residence (''SCR'', Rule 2(5))
*Registered mail requiring signature to a partner’s residence (''SCR'', Rule 2(5))
|-
|-
| Company outside BC || See ''SCR'', Rule 18(6.1)
| Company outside BC || See ''SCR'', Rule 18(6.1)
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| Strata Corporation ||  
| Strata Corporation ||  
*Personal service on a council member  
*Personal service on a council member  
*Registered mail to its most recent mailing address on file in the Land Title Office (''Strata Property Act'', SBC 1998, c 43, s 64)
*Registered mail requiring signature to its most recent mailing address on file in the Land Title Office (''Strata Property Act'', SBC 1998, c 43, s 64)
|-
|-
| Society ||  
| Society ||  
*Personal service on anyone at the address for service  
*Personal service on anyone at the address for service  
*Personal service on a director, officer, receiver manager, or liquidator  
*Personal service on a director, officer, receiver manager, or liquidator  
*Registered mail to the address for service (''Societies Act'', SBC 2015, c 18; ''SCR'', Rule 18(3))
*Registered mail requiring signature to the address for service (''Societies Act'', SBC 2015, c 18; ''SCR'', Rule 18(3))
|-
|-
| Unincorporated Association ||  
| Unincorporated Association ||  
*Personal service on an officer  
*Personal service on an officer  
*Registered mail to the registered office (''SCR'', Rule 18(5))
*Registered mail requiring signature to the registered office (''SCR'', Rule 18(5))
|-
|-
| Incorporated Cooperative Association, Housing Cooperative, Community Service Cooperative ||
| Incorporated Cooperative Association, Housing Cooperative, Community Service Cooperative ||
* Personal service or by registered mail to the registered office of the association (''Cooperative Association Act'', SBC 1999, c 28, s 28)
* Personal service or by registered mail requiring signature to the registered office of the association (''Cooperative Association Act'', SBC 1999, c 28, s 28)
|-
|-
| Trade Union ||  
| Trade Union ||  
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|-
|-
| ICBC ||  
| ICBC ||  
*Personal service on a receptionist at 800 – 808 Nelson Street, Vancouver, BC  V6Z 2L5 '''NOTE''': If the claim involves a motor vehicle accident, the other driver and ICBC must be served, even though ICBC may not be named as a defendant (''Insurance (Vehicle) Act'', RSBC 1996, c 231, s 22)
*Personal service on a receptionist at 800 – 808 Nelson Street, Vancouver, BC  V6Z 2L5  
|-
|-
| Estate ||  
| Estate ||  
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== K. Proof of Service ==
== K. Proof of Service ==


Once the defendant has been served, the claimant should complete a Certificate of Service and file it along with the service copy of the Notice of Claim. Find Form 4 at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms. If there are multiple defendants, the claimant should file a Certificate of Service and service copy of the Notice of Claim for each defendant. Other methods of written proof of service are available (''SCR'', Rule 18(14)). Rarely, a judge may allow sworn oral evidence of personal service (''SCR'', Rule 18(15)).
Once the defendant has been served, the claimant can complete a Certificate of Service and file it along with the service copy of the Notice of Claim. Find Form 4 at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms. If there are multiple defendants, the claimant should file a Certificate of Service and service copy of the Notice of Claim for each defendant. Other methods of written proof of service are available (''SCR'', Rule 18(14)). Rarely, a judge may allow sworn oral evidence of personal service (''SCR'', Rule 18(15)).
 
If the defendant files a reply, it is assumed that the claimant served the claim and therefore the claimant is not required to file a Certificate of Service. Therefore, if the claimant expects the defendant to reply there is no need to immediately file a Certificate of Service. If the defendant does not reply, a Certificate of Service must be filed before seeking a default judgement.  


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