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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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{{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, the Civil Resolution Tribunal, and the Supreme Court of British Columbia. | ||
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]]. | Certain claims must be made through administrative tribunals instead of the courts. See, for example, Section IV.C: Civil Resolution Tribunal for the Civil Resolution Tribunal for small claims matters under $5000 and strata matters, [[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). | ||