2,553
edits
Difference between revisions of "Starting a Lawsuit"
Jump to navigation
Jump to search
no edit summary
Drew Jackson (talk | contribs) m (Drew Jackson moved page Starting a Lawsuit (Script 165) to Starting a Lawsuit (No. 165): align with new Dial-A-Law website) |
|||
| Line 1: | Line 1: | ||
{{ | {{REVIEWEDPLS | reviewer = [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group|date= October 2017}} {{Dial-A-Law TOC|expanded = courts}} | ||
{{Dial-A-Law TOC|expanded = | |||
A lawsuit is a way to get money or other relief if something’s gone wrong. Learn what to consider and what is involved in starting a lawsuit in British Columbia. | A lawsuit is a way to get money or other relief if something’s gone wrong. Learn what to consider and what is involved in starting a lawsuit in British Columbia. | ||
| Line 18: | Line 16: | ||
*With '''arbitration''', the people in a conflict hire a neutral person (an arbitrator) to make decisions about their dispute they will be bound by. Arbitration is less formal and more flexible than court, and private. | *With '''arbitration''', the people in a conflict hire a neutral person (an arbitrator) to make decisions about their dispute they will be bound by. Arbitration is less formal and more flexible than court, and private. | ||
Learn about options for “alternative dispute resolution” in our information on [[Resolving Disputes Without Going to Court ( | Learn about options for “alternative dispute resolution” in our information on [[Resolving Disputes Without Going to Court (No. 429)|resolving disputes without going to court (no. 429)]]. | ||
===The court you bring a lawsuit in depends on the dollar amount involved=== | ===The court you bring a lawsuit in depends on the dollar amount involved=== | ||
| Line 25: | Line 23: | ||
Claims for '''up to $5,000''' must usually be taken to the online '''Civil Resolution Tribunal'''. [https://civilresolutionbc.ca/ This tribunal] is an online system people can use without the help of a lawyer. There are some exceptions, such as where the tribunal considers the case to be too complex or if the claim is a certain type of dispute (such as a claim that affects land). We explain this more shortly. | Claims for '''up to $5,000''' must usually be taken to the online '''Civil Resolution Tribunal'''. [https://civilresolutionbc.ca/ This tribunal] is an online system people can use without the help of a lawyer. There are some exceptions, such as where the tribunal considers the case to be too complex or if the claim is a certain type of dispute (such as a claim that affects land). We explain this more shortly. | ||
For most disputes worth between $5,000 and $35,000, the case can be brought in '''Small Claims Court'''. [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters This court] is also designed for people to act for themselves. For more, see our information on [[Suing Someone in Small Claims Court ( | For most disputes worth between $5,000 and $35,000, the case can be brought in '''Small Claims Court'''. [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters This court] is also designed for people to act for themselves. For more, see our information on [[Suing Someone in Small Claims Court (No. 166)|Small Claims Court]] (no. [[Suing Someone in Small Claims Court (No. 166)|166]] to [[Going to Trial in Small Claims Court (No. 168))|168]]). | ||
Claims for more than $35,000 generally go to the '''BC Supreme Court'''. | Claims for more than $35,000 generally go to the '''BC Supreme Court'''. | ||
===The court you sue in also depends on the subject matter of the lawsuit=== | ===The court you sue in also depends on the subject matter of the lawsuit=== | ||
Where you bring a lawsuit also depends on its subject matter. Certain types of claims must be brought in a specific court. For example, a lawsuit against the federal government must be brought in [http://www.fct-cf.gc.ca Federal Court]. See our information on [[Our Court System | Where you bring a lawsuit also depends on its subject matter. Certain types of claims must be brought in a specific court. For example, a lawsuit against the federal government must be brought in [http://www.fct-cf.gc.ca Federal Court]. See our information on [[Our Court System in a Nutshell (No. 432)|our court system in a nutshell (no. 432)]] for a high-level overview. | ||
Certain types of civil claims must be brought in '''BC Supreme Court''', regardless of the dollar value involved. For example: | Certain types of civil claims must be brought in '''BC Supreme Court''', regardless of the dollar value involved. For example: | ||
*claims to do with an interest in land or that affect land (such as a [[Builders Liens ( | *claims to do with an interest in land or that affect land (such as a [[Builders Liens (No. 268)|builders lien claim]]) | ||
*claims involving [[Defamation: Libel and Slander ( | *claims involving [[Defamation: Libel and Slander (No. 240)|defamation]] | ||
*claims involving a will or estate | *claims involving a will or estate | ||
*an application for an order for divorce | *an application for an order for divorce | ||
| Line 69: | Line 67: | ||
This document is called different things depending on the court. In Small Claims Court, it’s called a '''notice of claim'''. Before the Civil Resolution Tribunal, it’s called a '''dispute application form'''. | This document is called different things depending on the court. In Small Claims Court, it’s called a '''notice of claim'''. Before the Civil Resolution Tribunal, it’s called a '''dispute application form'''. | ||
The details of how you complete the form, file it, and deliver it also vary depending on the court. For the process in '''Small Claims Court''', see our information on [[Suing Someone in Small Claims Court ( | The details of how you complete the form, file it, and deliver it also vary depending on the court. For the process in '''Small Claims Court''', see our information on [[Suing Someone in Small Claims Court (No. 166)|suing someone in Small Claims Court (no. 166)]]. | ||
For the process before the '''Civil Resolution Tribunal''', see the [https://civilresolutionbc.ca/how-the-crt-works/tribunal-process/ tribunal’s website]. | For the process before the '''Civil Resolution Tribunal''', see the [https://civilresolutionbc.ca/how-the-crt-works/tribunal-process/ tribunal’s website]. | ||
| Line 78: | Line 76: | ||
#'''Is it worth it to sue'''? Is bringing a lawsuit going to cost you almost as much as you’re claiming? Even if you are representing yourself or not paying for legal representation, you’ll have to pay fees and expenses to make a claim — the amounts depend on what court you’re suing in and what evidence you put forward. | #'''Is it worth it to sue'''? Is bringing a lawsuit going to cost you almost as much as you’re claiming? Even if you are representing yourself or not paying for legal representation, you’ll have to pay fees and expenses to make a claim — the amounts depend on what court you’re suing in and what evidence you put forward. | ||
#'''Is the emotional toll worth it'''? There’s also the emotional cost of being in a lawsuit. The conflict you’re in might extend for a year or two or even longer. Consider the complicated and personal questions you might have to ask or answer. | #'''Is the emotional toll worth it'''? There’s also the emotional cost of being in a lawsuit. The conflict you’re in might extend for a year or two or even longer. Consider the complicated and personal questions you might have to ask or answer. | ||
#'''Will you get paid, even if you win'''? If you bring a lawsuit and win, it's up to you to collect the money. If the person or company you’re claiming against can’t pay, you won’t get your money. If you’re dealing with a company, check that they’re still in business. See our information on [[Getting Your Judgment Paid ( | #'''Will you get paid, even if you win'''? If you bring a lawsuit and win, it's up to you to collect the money. If the person or company you’re claiming against can’t pay, you won’t get your money. If you’re dealing with a company, check that they’re still in business. See our information on [[Getting Your Judgment Paid (No. 169)|getting your judgment paid (no. 169)]] for options if the person you sue doesn’t pay. | ||
==Get help== | ==Get help== | ||
===With your case=== | ===With your case=== | ||
You do not need a lawyer to go to Small Claims Court or bring a claim to the Civil Resolution Tribunal. But you'll probably better understand the process, as well as the strength of your case, if you get '''legal advice'''. If you have limited means, you might be able to get legal help from pro bono services, a student legal clinic, or an advocate. See our information on [[Low Cost | You do not need a lawyer to go to Small Claims Court or bring a claim to the Civil Resolution Tribunal. But you'll probably better understand the process, as well as the strength of your case, if you get '''legal advice'''. If you have limited means, you might be able to get legal help from pro bono services, a student legal clinic, or an advocate. See our information on [[Free and Low-Cost Legal Help (No. 430)|free and low-cost legal help (no. 430)]]. | ||
===More information=== | ===More information=== | ||
| Line 95: | Line 93: | ||
:Web: [https://www.supremecourtbc.ca/ supremecourtbc.ca] | :Web: [https://www.supremecourtbc.ca/ supremecourtbc.ca] | ||
---- | ---- | ||
---- | ---- | ||
{{Dial-A-Law_Navbox|type=courts}} | |||
{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||