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{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
There are several options for resolving most civil disputes in British Columbia: Alternative Dispute Resolution, specialised tribunals, Small Claims Court, and the Supreme Court of British Columbia. | There are several options for resolving most civil disputes in British Columbia: Alternative Dispute Resolution, specialised tribunals, Small Claims Court, and the Supreme Court of British Columbia. On May 31, 2012, the ''Civil Resolution Tribunal Act'', SBC 2012, c 25 [CRTA] was given Royal Assent and may be proclaimed in force by regulation. Once in force, the Civil Resolution Tribunal will become another option for resolving civil disputes. | ||
Certain claims must be made through administrative tribunals instead of the courts. | Certain claims must be made through administrative tribunals instead of the courts. See, for example, [[Foreword on Employment Law (9:I) | Chapter 9: Employment Law]], [[Introduction to Workers%27 Compensation (7:I) | Chapter 7: Workers’ Compensation]], [[Introduction to Employment Insurance (8:I) | Chapter 8: Employment Insurance]], [[Introduction to Landlord and Tenant Law (19:I) | Chapter 19: Landlord and Tenant Law]], and [[Governing Legislation and Resources for Human Rights (6:I) | Chapter 6: Human Rights]]. | ||
In order to bring a claim in British Columbia, the court or tribunal must have territorial jurisdiction. | In order to bring a claim in British Columbia, the court or tribunal must have territorial jurisdiction. If either the subject matter of the claim (e.g., the contract or wrongful act) occurred in British Columbia or the Defendant resides or does business in British Columbia, this may be a sufficient connection for a court or tribunal to assert jurisdiction. It is sometimes unclear whether British Columbia has a sufficient connection to the claim and is the most appropriate forum. If the court’s jurisdiction is not clear, a claimant should obtain legal advice and review applicable case law16. | ||
Where the dispute is contractual, the existence of a “forum selection clause” may provide further jurisdictional difficulties. Forum selection clauses require the adjudication of claims in the named jurisdiction. Such clauses will generally be upheld absent a finding of “strong cause” to hear the matter in the jurisdiction of another court17. | Where the dispute is contractual, the existence of a “forum selection clause” may provide further jurisdictional difficulties. Forum selection clauses require the adjudication of claims in the named jurisdiction. Such clauses will generally be upheld absent a finding of “strong cause” to hear the matter in the jurisdiction of another court17. |