What is a Lawsuit?
A lawsuit is a civil law court action where a person or company (the claimant) claims damages against another person or company (the defendant). The claimant or defendant may include multiple persons or organizations. Lawsuits can be filed in the BC Provincial Court (called Small Claims Court) and Supreme Court of BC. The BC Court of Appeal only hears lawsuits that have been appealed from the lower court.
A lawsuit starts when the claimant files a court document – the Notice of Claim form (or sometimes a Petition) – at a court registry. The claimant must also provide a copy of the court document to the defendant. This is called serving documents.
The Notice of Claim says what the person’s legal claims are and what they want the court to order. Then the defendant can file a Notice of Claim reply that describes their position. The defendant can also start a counter-claim – which is their own legal action to claim damages against the claimant.
If the defendant does not reply to the notice of claim within 14 days after he or she was properly served, the claimant can apply for a default judgment for the amount claimed. For information about how to collect, see Collecting on Judgment for Small Claims cases and Enforcing Court Orders for Supreme Court cases.
Common Legal Terms
Legal Term
Description (also see Legal Dictionary)
Claimant
The person or organization that has a claim and starts a lawsuit. Sometimes called a petitioner.
Defendant
The person or organization against whom a claim has been filed. The person or organization being sued. Sometimes called the respondent.
Serving Documents
The process of providing court documents to the other party in a claim. Usually done through registered mail or a courier. Proof of service is required.
Damages
The money claimed due to loss, such as financial loss, property loss, emotional or physical injuries, loss or earnings, etc. Also called the claim amount.
Claim
A legal statement that describes the cause for a legal action or the defense. Sometimes called pleadings.
Counter-Claim
A claim filed by the defendant against the claimant, in response to a claim filed against the defendant. It is also called a counter-suit.
Settling Out of Court
If you think you have a legal claim against someone, the first step should not be court. Whatever the dispute, going to court is a stressful process that takes time and money. It also damages relationships between the parties. On average, it takes more than one year to receive a trial decision in BC’s Small Claims Court and Supreme Court takes even longer. To learn more about your settlement options – including demand letters and negotiation, see: Settling Out of Court.
Small Claims Court
Small Claims Court is the Do-It-Yourself civil law division of the BC Provincial Court. It hears lawsuits that involve disputes between $5,001 and $35,000. However, as of April 1, 2019 the Civil Resolution Tribunal will start resolving many motor vehicle injury disputes of a value up to $50,000. Small Claims Court generally costs less and takes less time than going to Supreme Court.
You can have a lawyer in Small Claims Court, but most of the time, people represent themselves. You have to have a litigation guardian if you are under 19 and, if your case involves personal injury, you must have a lawyer.
The thoisu.com.vn website is the leading source of information for British Columbians who bring a case to Small Claims court. The site includes text and videos that explain court processes. It provides access to court rules, court forms and current court costs. A list of court locations across BC and contact information for court registries is also provided.
In addition, free legal help is provided through “Ask JES” a live chat service available weekdays from 11am to 2pm. During offline hours, users can submit questions to receive a response by email. Visit thoisu.com.vn. You can also read the Dial-A-Law scripts: Small Claims Court and read the Small Claims How-To Guides from the Ministry of Justice.
Supreme Court
The Supreme Court of BC hears most civil lawsuits worth a value over $35,000. The court also hears cases involving slander, and appeal of Small Claims Court decisions. In addition, appeals of administrative law cases – where a decision was made by a tribunal hearing – are handled in Supreme Court through a judicial review. In this court, a judge or a jury would hear the case, but it’s almost always just a judge.
Learn more about civil matters in the Supreme Court at thoisu.com.vn.
How Decisions are Made
In Supreme Court, a judge or jury listens to both sides, weighs the evidence, and then makes a decision. In Small Claims Court there are no juries, only judges will decide the outcome of your trial. The decision is made based on “the balance of probabilities.” This means that the judge or jury will make a decision based on the law as well as what is most likely to be true and fair. The one who “wins” a court case is the one who can convince the court that their side of the case is more probable.
Most cases are started with a notice of civil claim, but some types of cases must be started with a document called a petition. You must use the correct document to start your legal action. You do not have a choice about how to start your lawsuit – the Court Rules describe the correct procedure.
When the person who started the claim (the “plaintiff” or “petitioner”) is successful, the judge awards damages. If the defendant is successful, then the claim is dismissed. In some Supreme Court cases, the judge may also decide to award the successful person with “costs” to help pay for court and/or legal expenses. Small Claims Court does not award costs for legal expenses.
Learn More
The thoisu.com.vn website is the leading source of information for British Columbians who bring a lawsuit to the Supreme Court. The site includes Guidebooks for Self-Representing Litigants that cover the steps needs to advance a lawsuit from initial filing, through Chambers Applications, Discovery, Judicial Case Conference, Trial and finally, Enforcing Orders.
In addition, free legal help is provided through “Ask JES” a live chat service available weekdays from 11am to 2pm. During offline hours, users can submit questions to receive a response by email. Visit thoisu.com.vn.