Difference between revisions of "Choosing the Proper Forum for Small Claims (20:IV)"

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Choosing the Proper Forum for Small Claims (20:IV) (view source)

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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.  
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. 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]].  
Certain claims must be made through administrative tribunals instead of the courts. See, for example, [[Introduction to 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 [[Introduction to 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. 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 law (See ''DreamBank Online Gifting v BeneFACT Consulting'', 2011 BCPC 459 (CanLII) [DreamBank]; ''Teck Cominco Metals v Lloyds Underwriters'', [2009] 1 SCR 321; ''Purple Echo Productions, Inc. v KCTS Television'', 2008 BCCA 85; ''Jordan v Schatz'', 2000 BCCA 409; ''Tolofson v Jensen'', [1994] 3 SCR 1022).  
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 law (See ''DreamBank Online Gifting v BeneFACT Consulting'', 2011 BCPC 459 (CanLII) [DreamBank]; ''Teck Cominco Metals v Lloyds Underwriters'', [2009] 1 SCR 321; ''Purple Echo Productions, Inc. v KCTS Television'', 2008 BCCA 85; ''Jordan v Schatz'', 2000 BCCA 409; ''Tolofson v Jensen'', [1994] 3 SCR 1022).  
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== B. Supreme Court of British Columbia ==
== B. Supreme Court of British Columbia ==


The Supreme Court has a broad jurisdiction. It is not bound by any monetary limits and there are few restrictions on the types of claims that it can hear. The Supreme Court can grant injunctions, conduct judicial reviews, and make new law. The Supreme Court is not designed for lay litigants. Parties without legal training or legal advice may find it much more difficult to navigate than Small Claims Court. There are,  however, a number of resources ([[Small_Claims_Legislation_and_Resources_(20:App_E) | Appendix E]]) to help lay litigants bring and defend claims in Supreme Court. The court fees in Supreme Court are higher than in Small Claims Court; they can be waived, however, for those who cannot afford them. In Supreme Court, the losing party will often be ordered to pay to the successful party a portion of that party’s reasonable legal costs.   Costs are awarded using a tariff system and generally on a party and party basis that usually amounts to about twenty percent of the successful party’s costs. While it is possible for the successful party to be fully indemnified through an award of special costs, also known as solicitor-client costs, this is rare and should not be expected.
The Supreme Court has a broad jurisdiction. It is not bound by any monetary limits and there are few restrictions on the types of claims that it can hear. The Supreme Court can grant injunctions, conduct judicial reviews, and make new law. The Supreme Court is not designed for lay litigants. Parties without legal training or legal advice may find it much more difficult to navigate than Small Claims Court. There are,  however, a number of resources ([[Governing Legislation and Resources for Small Claims (20:II)#4. Other Resources | II.4. Other Resources]]) to help lay litigants bring and defend claims in Supreme Court. The court fees in Supreme Court are higher than in Small Claims Court; they can be waived, however, for those who cannot afford them. In Supreme Court, the losing party will often be ordered to pay to the successful party a portion of that party’s reasonable legal costs. Costs are awarded using a tariff system and generally on a party and party basis that usually amounts to about twenty percent of the successful party’s costs. While it is possible for the successful party to be fully indemnified through an award of special costs, also known as solicitor-client costs, this is rare and should not be expected.


== C. Civil Resolution Tribunal ==
== C. Civil Resolution Tribunal ==
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*natural justice and procedural fairness which are considered with the tribunal’s mandate in mind.  
*natural justice and procedural fairness which are considered with the tribunal’s mandate in mind.  


Resolving a dispute through the tribunal has up to three phases. See [[Civil_Resolution_Tribunal_Procedures_(20:App_J) | Appendix J]] for more details on the Tribunal’s procedures.
Resolving a dispute through the tribunal has up to three phases. See [[Civil_Resolution_Tribunal_Procedures_(20:App_H) | Appendix H]] for more details on the Tribunal’s procedures.


=== 3. General ===
=== 3. General ===
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