Difference between revisions of "Starting a Lawsuit"

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{{Dial-A-Law TOC|expanded = smallclaims}}
{{Dial-A-Law TOC|expanded = smallclaims}}
==What is small claims court?==
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.  
Small claims court is for ordinary people who want to handle their cases with or without a lawyer. The [http://www.smallclaimsbc.ca/small-claims-court-5001-35000/court-process-overview process] is simpler and less formal than in BC supreme court.  


==Before you sue—try to settle the case==
==Understand the legal framework==
This script explains how to sue in small claims court. But before you sue, try to settle the case without going to court. That can save you a lot of time and money. The [http://www.smallclaimsbc.ca/ small claims website] starts with this suggestion and explains [http://www.smallclaimsbc.ca/settlement-options/overview settlement options]. They include using demand letters, [http://www.smallclaimsbc.ca/settlement-options/ODR online dispute resolution], [http://www.smallclaimsbc.ca/settlement-options/mediation mediation], arbitration, collection agencies, negotiation, and payment terms.


==New process for small claims started June 1, 2017==
===Other ways to resolve a dispute can be cheaper and more effective===  
Starting June 1, 2017, the government made [http://provincialcourt.bc.ca/enews/enews-20-03-2017 important changes to small claims court]. Now, where you sue depends on the amount you seek:
A '''lawsuit''' is a way to get money or other relief if something’s gone wrong. It might be getting poor service under a contract, being injured in a car accident, getting fired unfairly, or not getting repaid a debt.
*Claims up to $5,000 go to the [https://civilresolutionbc.ca/how-the-crt-works/getting-started/small-claims-solution-explorer/ Civil Resolution Tribunal]
*Claims from $5,001 to $35,000 go to small claims court—'''this script covers this topic'''
*Claims over $35,000 go to [http://www.courts.gov.bc.ca/supreme_court/ BC supreme court]. More information on these claims is also available on [http://www.supremecourtbc.ca/civil the site for people who represent themselves] in supreme court.


==What are the dollar limits for small claims court?==
The party who feels they were wronged starts a lawsuit by filing documents in court. The other party files documents in response. If the parties can’t settle the case, it goes to trial, where each side presents evidence and the court decides the outcome of the case.
Small claims court takes cases only if the value of the claim is between $5001 and $35,000, not including interest and court costs. If your claim is for more than $35,000, you can still sue in small claims court if you give up the extra amount. For example, if someone owes you $37,000, you can sue for $35,000 in small claims court, but you must give up the other $2,000 of your claim.


You may get interest and court costs on top of the $35,000 limit. What interest rate applies can be confusing, depending on the type of claim. If it is not clear to you how to calculate interest, you should see a lawyer or talk to the staff at the nearest small claims court registry.
Before starting a lawsuit, it’s almost always best to try solving the problem another way. Going to court can end up costing more than a dispute is worth. It’s rarely quick. Court proceedings are open to the public, and you may prefer to keep the details of your dispute private.


Once your case has been tried in small claims court, you cannot later sue for the part of the claim you gave up. But if you decide before the trial that you want to sue for the full amount, you can apply to transfer your claim to supreme court. Then you can sue for the entire amount. You can also claim legal costs if your claim is transferred to supreme court and you get a judgment over $35,000. But on the other hand, if you get less than $35,000 in supreme court, you may not get legal costs because you should have sued in small claims court.
There are other ways to resolve disputes that can be cheaper, faster, and more effective. For example:
*'''Negotiation''' involves the people in a conflict discussing issues to try to reach an agreement. You work out a solution together that fits both of your interests.
*With '''mediation''', the people in a conflict meet with a neutral person (a mediator), who helps them find a solution they agree on. The mediator helps you come to an agreement, but they don’t decide for you.
*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.  


==What types of claims go to small claims court?==
Learn about options for “alternative dispute resolution” in our information on [[Resolving Disputes Without Going to Court (Script 429)|resolving disputes without going to court (no. 429)]].
There are two main types of claims:
*for '''debts'''—this is usually a specific amount someone owes you for goods or services
*for '''damages'''—this is money paid to you for a loss you’ve suffered. It could be for an injury you’ve suffered, or for loss or damage to your personal property, or for some other financial loss such as when someone breaks a contract with you.  


==Other cases that can go to small claims court==
===The court you bring a lawsuit in depends on the dollar amount involved===
Small claims court also hears other less common cases. For example, you can sue to get back personal property (not land) wrongfully taken from you. Or you can sue for an order that someone complete a contract—to do what they agreed to do. Small claims court can also deal with claims that the Civil Resolution Tribunal will not deal with for some reason. For example, a case may be too complex or beyond the Tribunal’s jurisdiction (or authority). Or a party may have applied to provincial court to be exempt from the Tribunal.
In British Columbia, where you bring a lawsuit depends on the dollar value of the claim and its subject.


==What claims cannot go to small claims court?==
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. 
You can’t sue in small claims court for defamation (libel, slander—see script [[Defamation: Libel and Slander (Script 240) | 240]]) or malicious prosecution. You also can’t sue over ownership of land, and you can’t sue the federal government in small claims court. Further, most residential tenancy claims, some claims concerning the estate of someone who has died, and most builders lien actions can’t go to small claims court. And usually, you cannot sue in small claims court for an injunction (to order someone stop doing something). The [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters provincial court website] explains what types of cases small claims will—and will not—deal with.
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 (Script 166)|Small Claims Court]] (no. 166 to 168).


==What is a limitation period?==
Claims for more than $35,000 generally go to the '''BC Supreme Court'''.
Limitation periods set deadlines for starting to sue someone. Different limitation periods apply to different types of claims. On June 1, 2013, a new ''[http://www.bclaws.ca/civix/document/id/complete/statreg/12013_01 Limitation Act]'' became law in British Columbia. Most claims now have a [http://www.bclaws.ca/civix/document/id/complete/statreg/12013_01#section6 2-year basic limitation period]. In other words, if the '''cause of action''' (the event you’re suing about) happened on or after June 1, 2013, the new ''Limitation Act'' applies, and you will have 2 years from the day you [http://www.bclaws.ca/civix/document/id/complete/statreg/12013_01#section8 discovered] (knew, or reasonably ought to have known) all the following:
*injury, loss or damage occurred
*it was caused at least partly by an act or omission
*the act or omission was that of the person you’re suing
*court is the right place to seek a remedy


For example, you took your car for repairs but when you got it back you saw that the shop damaged it. The limitation period starts when you realized these things, or when you reasonably ought to have realized them.
===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 and Solving Disputes (Script 432)|our court system in a nutshell (no. 432)]] for a high-level overview.


If a cause of action happened before June 1, 2013, the old ''Limitation Act'' applies. Under it, the claim must be started within 6 years from the time the debt arose, or within 6 years from when the debtor last acknowledged the debt.
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 (Script 268)|builders lien claim]])
*claims involving [[Defamation: Libel and Slander (Script 240)|defamation]]
*claims involving a will or estate 
*an application for an order for divorce


The limitation period for suing municipal government is shorter: only 6 months.
As well, there are certain types of claims where a law says the claim must go to a '''tribunal'''. This is a body similar to a court that hears disputes and makes decisions in a specific area. For example, a claim for worker’s compensation benefits after a workplace injury must be brought to a tribunal that specializes in those types of claims.  


If you don’t know what limitation period applies in your case, see a lawyer. If your limitation period expires before you sue, that may be the end of it. It’s best to start your lawsuit as soon as it’s clear that the person or company can’t or won’t pay you what they owe. Don’t delay.
While for the most part the online '''Civil Resolution Tribunal''' deals only with claims up to $5,000, there are two exceptions:
#The tribunal deals with most disputes involving '''strata properties''' (condos), of any dollar amount.
#For '''motor vehicle accidents''' taking place in BC after April 1, 2019, injury claims up to $50,000 must be brought to the tribunal.  


==Where do you sue, or file your notice of claim?==
===There’s a time limit to sue===
You have a choice. You can file a notice of claim (to start your lawsuit) in the small claims court registry that is either nearest to where:
The [http://canlii.ca/t/8qx3 law in BC] creates a time window to bring a legal action. Once this window, called a “'''limitation period'''”, has passed, it’s too late to start a lawsuit.
*the person you are suing lives or has a business, or
*the event you’re suing about happened.  


For example, say you want to sue a driver for injuries from a car accident. He lives in Surrey, but the accident took place in Vancouver. You can sue in either Surrey or Vancouver.
Most claims have a limitation period of '''two years'''. But some types of claims have different limitation periods. For example, a lawsuit to enforce a court judgment has a limitation period of 10 years.


==Where will your case be tried?==
The limitation period starts to run once a person “'''discovers'''” their legal claim. A claim is said to be discovered on the first day you knew, or reasonably ought to have known, all the following:
A case will be tried in the court where the notice of claim was filed. There is a small claims court in all major cities and most smaller towns in British Columbia. They are listed on the [http://www.smallclaimsbc.ca/court-locations small claims website]. Or you can ask Inquiry BC for court locations; call it 604.660.2421 in Vancouver, 250.387.6121 in Victoria or 1.800.663.7867 elsewhere in BC.
*an injury, loss or damage occurred,
*it was caused at least partly by an act or '''omission''' (something neglected or left undone),  
*the act or omission was that of the person you’re suing, and
*a court proceeding would be an appropriate way to seek a remedy.


==Telling the other side that you are suing—serving the notice of claim==
For example, let’s say you take your car for engine repairs. It’s in the shop for a month. When you get it back, you see the car has a new problem — the back bumper has a major dent. The limitation period starts on the day you discovered the car was damaged and realized (or reasonably ought to have realized) it was the repair shop that did the damage.
You, as the person suing, are the '''claimant'''. You must inform the person or company you are suing (the '''defendant''') that you are suing them. That’s called serving them with your notice of claim. And you must do that within one year of filing your claim. The notice of claim form is on the [http://www.smallclaimsbc.ca/court-forms court forms website].


'''If the defendant lives in BC''', you can serve the notice of claim (after you have filed it in court) by giving the defendant a copy of it, and a blank reply form (available from the registry and on the [http://www.smallclaimsbc.ca/court-forms court forms website]).
If you discovered a legal claim before June 1, 2013, an [http://canlii.ca/t/845q older limitations law] applies. It had different limitation periods for different types of claims. For example, a claim for breach of contract or repayment of a debt had a six-year limitation period.


'''If the defendant lives outside of BC''', but the event that led to the lawsuit happened in BC, you can serve your notice by giving the defendant a copy of it. But in any other case, you need permission of the court registrar before you can serve a notice of claim outside BC.
{| class="wikitable"
|align="left"|'''Tip'''
The [https://www.canlii.org/en/bc/laws/stat/rsbc-2015-c-1/latest/rsbc-2015-c-1.html#sec735_smooth limitation period for suing a municipal government] is shorter than for most claims: just six months. If you don’t know what limitation period applies in your case, seek legal advice. If the limitation period expires before you sue, you are barred from bringing a claim.
|}
 
===Bringing the lawsuit===
A lawsuit begins with a document you prepare, file with the court (or tribunal), and deliver to the party you’re suing.  


'''If the defendant is a person over 18 years old''', you can serve your notice of claim by giving it to them in person (called '''personal service''') or sending it to their home by registered mail.
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'''.  


'''If the defendant is a corporation''', you can serve the notice by sending it to the corporation’s registered office by registered mail. The address of the registered office is shown on the company search you must do. For '''partnerships''', you must serve one of the partners. For '''unincorporated businesses''', you must serve the owner.
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 (Script 166)|suing someone in Small Claims Court (no. 166)]].


After you serve the notice of claim, you must prove it by completing a '''certificate of service''' (Form 4).
For the process before the '''Civil Resolution Tribunal''', see the [https://civilresolutionbc.ca/how-the-crt-works/tribunal-process/ tribunal’s website].


Both the BC [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/serving.htm Ministry of Justice] and the [http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_00 small claims rules] explain how to serve documents and prove you served them. The small claims website has a [http://www.smallclaimsbc.ca/sites/default/files/pdf/serving-documents-checklist.pdf checklist for serving documents], and the Law Centre at the University of Victoria has a [http://thelawcentre.ca/self_help/small_claims_factsheets/fact_06 factsheet].
For the process in '''Supreme Court''', see the court’s [https://www.supremecourtbc.ca Online Help Guide].


==How much does it cost to go to small claims court?==
As you consider your next steps, it’s worth asking yourself a few questions.
Because you can go to court yourself and handle your own small claims court trial, you don’t have to pay legal fees to a lawyer. But you must pay various small charges to file your claim, deliver documents to the defendant, and so on.
#'''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.
#'''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 (Script 169)|getting your judgment paid (no. 169)]] for options if the person you sue doesn’t pay.


==If your case goes to trial==
==Get help==
Your case may settle before trial. But if not, check script [[Going to Trial in Small Claims Court (Script 168)|168]] called “Going to Trial in Small Claims Court”.


==Can you appeal a small claims court judgment?==
===With your case===
Yes, you can appeal a small claims court judgment to the BC supreme court, but the appeal must be started within 40 days after the small claims court order was made. If you are late filing the notice of appeal, you can apply to the supreme court to extend the time, but you may not get it.
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 and Free Legal Services (Script 430)|free and low-cost legal help (no. 430)]].


The appeal is not a new trial and the supreme court judge will decide only if the small claims court judge made a mistake about the facts or the law. You cannot appeal a supreme court decision on an appeal of a small claims case.  
===More information===
The '''Civil Resolution Tribunal'''’s website explains how to bring a claim to the tribunal and what to expect from each stage of the process.
:Web: [https://civilresolutionbc.ca/how-the-crt-works/tribunal-process/ civilresolutionbc.ca]


The small claims website explains [http://www.smallclaimsbc.ca/judgment/appealing-a-small-claims-decision how to appeal] and the process and cost involved.
The '''BC government''' website has how-to guides on Small Claims Court, including making a claim, replying to a claim, serving documents, getting ready for court, and getting results.
:Web: [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides gov.bc.ca/smallclaims]


If you want to appeal a small claims court judgment, you should consult a lawyer right away.
The '''Supreme Court BC Online Help Guide''', from Justice Education Society, provides step-by-step information on each stage of a lawsuit before that court.
 
:Web: [https://www.supremecourtbc.ca/ supremecourtbc.ca]
==Mediation—another option==
You may be able to use [http://www.smallclaimsbc.ca/settlement-options/mediation mediation] for claims between $10,000 and $35,000, instead of suing in court. A neutral third-party tries to help both sides settle the dispute. It’s often faster and cheaper than suing. Small claims [http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_02#rule7.3 rule 7.3] deals with mediation. The mediation process is also explained on this BC government [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/mediation_between.htm website].
 
Mediation is an option in all locations, but it’s not always available. For example, it’s not available for cases that can be dealt with under rule [http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_02#rule9.2 9.2] (a summary trial for financial debt in Vancouver).
 
Mediation is mandatory only if one party files a notice to mediate or the court orders the parties to use it.
 
==Summary==
You can sue in small claims court if your claim is between $5,001 and $35,000, though some types of claims aren’t allowed. Typical claims that go to small claims court are for money owed or for damages for personal injury, property loss or breaking a contract. If you want to sue, you should start as soon as possible because there are various deadlines, depending on the type of claim.
 
==More information==
*Before you sue, get advice from a lawyer or talk to the small claims court staff for help with procedures.  
 
*Check the [http://www.smallclaimsbc.ca/ small claims website] and the [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters provincial court website]. Also, the BC government has guides on [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/making-a-claim making a claim], [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/reply.htm replying to a claim], [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/serving.htm serving documents], [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/getting_ready.htm getting ready for court], and [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/getting_results.htm getting results].
*Check the other Dial-A-Law scripts in this [http://cbabc.org/For-the-Public/Dial-A-Law/Scripts/Small-Claims-Court small claims court series].




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[updated October 2017]
[updated October 2017]


'''The above was last reviewed for accuracy by Anna Kurt and edited by John Blois.'''
'''The above was last reviewed for legal accuracy by [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group.'''


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Revision as of 05:51, 21 February 2019

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.

Understand the legal framework

Other ways to resolve a dispute can be cheaper and more effective

A lawsuit is a way to get money or other relief if something’s gone wrong. It might be getting poor service under a contract, being injured in a car accident, getting fired unfairly, or not getting repaid a debt.

The party who feels they were wronged starts a lawsuit by filing documents in court. The other party files documents in response. If the parties can’t settle the case, it goes to trial, where each side presents evidence and the court decides the outcome of the case.

Before starting a lawsuit, it’s almost always best to try solving the problem another way. Going to court can end up costing more than a dispute is worth. It’s rarely quick. Court proceedings are open to the public, and you may prefer to keep the details of your dispute private.

There are other ways to resolve disputes that can be cheaper, faster, and more effective. For example:

  • Negotiation involves the people in a conflict discussing issues to try to reach an agreement. You work out a solution together that fits both of your interests.
  • With mediation, the people in a conflict meet with a neutral person (a mediator), who helps them find a solution they agree on. The mediator helps you come to an agreement, but they don’t decide for you.
  • 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 (no. 429).

The court you bring a lawsuit in depends on the dollar amount involved

In British Columbia, where you bring a lawsuit depends on the dollar value of the claim and its subject.

Claims for up to $5,000 must usually be taken to the online Civil Resolution Tribunal. 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. This court is also designed for people to act for themselves. For more, see our information on Small Claims Court (no. 166 to 168).

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

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 Federal Court. See our information on 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:

  • claims to do with an interest in land or that affect land (such as a builders lien claim)
  • claims involving defamation
  • claims involving a will or estate
  • an application for an order for divorce

As well, there are certain types of claims where a law says the claim must go to a tribunal. This is a body similar to a court that hears disputes and makes decisions in a specific area. For example, a claim for worker’s compensation benefits after a workplace injury must be brought to a tribunal that specializes in those types of claims.

While for the most part the online Civil Resolution Tribunal deals only with claims up to $5,000, there are two exceptions:

  1. The tribunal deals with most disputes involving strata properties (condos), of any dollar amount.
  2. For motor vehicle accidents taking place in BC after April 1, 2019, injury claims up to $50,000 must be brought to the tribunal.

There’s a time limit to sue

The law in BC creates a time window to bring a legal action. Once this window, called a “limitation period”, has passed, it’s too late to start a lawsuit.

Most claims have a limitation period of two years. But some types of claims have different limitation periods. For example, a lawsuit to enforce a court judgment has a limitation period of 10 years.

The limitation period starts to run once a person “discovers” their legal claim. A claim is said to be discovered on the first day you knew, or reasonably ought to have known, all the following:

  • an injury, loss or damage occurred,
  • it was caused at least partly by an act or omission (something neglected or left undone),
  • the act or omission was that of the person you’re suing, and
  • a court proceeding would be an appropriate way to seek a remedy.

For example, let’s say you take your car for engine repairs. It’s in the shop for a month. When you get it back, you see the car has a new problem — the back bumper has a major dent. The limitation period starts on the day you discovered the car was damaged and realized (or reasonably ought to have realized) it was the repair shop that did the damage.

If you discovered a legal claim before June 1, 2013, an older limitations law applies. It had different limitation periods for different types of claims. For example, a claim for breach of contract or repayment of a debt had a six-year limitation period.

Tip

The limitation period for suing a municipal government is shorter than for most claims: just six months. If you don’t know what limitation period applies in your case, seek legal advice. If the limitation period expires before you sue, you are barred from bringing a claim.

Bringing the lawsuit

A lawsuit begins with a document you prepare, file with the court (or tribunal), and deliver to the party you’re suing.

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 (no. 166).

For the process before the Civil Resolution Tribunal, see the tribunal’s website.

For the process in Supreme Court, see the court’s Online Help Guide.

As you consider your next steps, it’s worth asking yourself a few questions.

  1. 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.
  2. 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.
  3. 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) for options if the person you sue doesn’t pay.

Get help

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 free and low-cost legal help (no. 430).

More information

The Civil Resolution Tribunal’s website explains how to bring a claim to the tribunal and what to expect from each stage of the process.

Web: civilresolutionbc.ca

The BC government website has how-to guides on Small Claims Court, including making a claim, replying to a claim, serving documents, getting ready for court, and getting results.

Web: gov.bc.ca/smallclaims

The Supreme Court BC Online Help Guide, from Justice Education Society, provides step-by-step information on each stage of a lawsuit before that court.

Web: supremecourtbc.ca


[updated October 2017]

The above was last reviewed for legal accuracy by Anna Kurt, Ganapathi Law Group.



Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.