starting a claim in civil court

whwn you in dispute with another person, somestites it is necessary to star a claim in the civil court. 

Guidebooks for Representing Yourself in Supreme Court Civil Matters Starting an Action by Notice of Civil Claim •

Starting an Action by Notice of Civil Claim This guidebook will giveyou some instructions on

how to start an action by notice of civil claim in the

BC Supreme Court. It contains information about

choosing the correct court, the time limits that apply

to your case, and how to prepare, file, and serve your court documents.

Should this case go to court?

Before you decide to start a court case, there are

several things that you should think about:

• The majority of cases settle before trial.

• If you think your case can be settled, you may

want to consider alternatives before you begin

your lawsuit. These options are discussed in the

guidebook, Alternatives to Going to Court. In

brief, some of these alternatives are:

o negotiation (e.g., an exchange of letters

between the parties);

o mediation; and

o arbitration.

You might want to get legal advice to answer

these questions. Itis important to remember

that if you sue and lose, you could be ordered by

the court topay the costs of the other parties,

which could be very significant.

Even if you win andare entitled to costs from

the other parties, those costs will likely be far

less than the money you will spend on your

case, especially with respect to reimbursement

of legal fees. And remember that “winning” your

case in court is only another step in resolving your legal dispute – you still have to enforce  your judgment against the other party.Choosing a court

Civil cases (called claims, lawsuits or actions) can be

started in either the Provincial Court of the Supreme

Court of British Columbia. You will find important

information that will help you choose the right court

in the guidebook, Overview of the Civil Litigation

Process.

• Taking a case to court can be an expensive

and slow way of solving your problem. When

considering alternatives, consider the cost and

time of taking your case to court, as opposed

to the cost and time of an alternative solution.

This Guidebook provides general information about civil, non-family claims in the Supreme Court of

BC. It does not explain the law. Legal advice must come from a lawyer, who can tell you why you

should do something in your lawsuit or whether you should take certain actions. Anyone else, such as

court registry staff, non-lawyer advocates, other helpers, and this guidebook can only give you legal

information about how to do something, such as following certain court procedures.

Standards are in effect for the filing of all Supreme Court civil and Supreme Court family documents,

except divorce and probate. When you submit your completed documents, registry staff will check to

make sure they meet the minimum standards before accepting them for filing. It is your responsibility

to include all other information required by the court and ensure it is correct.

For information about how to get help with your case, see the last page of this document

.Provincial Court

If your claim isfor $35,000 orless, you can likely

start your claim inProvincial Court. The division

ofthe Provincial Court that hears civil claims

is referred to as Small Claims Court and the

procedures and forms are much easier to use. To find

out more about the Small Claims Court, go to its

website at: www.SmallClaimsBC.ca.

Supreme Court

The BC Supreme Court deals with almost all types

of cases except:

• Cases where a law says that the matter

must go to a special government agency or

tribunal. These include residential tenancy

complaints, workers’ compensation matters

and labour relations. For in-depth information

about tribunals and how they work, go to:

A Guide to Administrative Law inBC at:

www.AdminLawBC.ca.

• Cases where the federal government has

control. These include tax matters, immigration

matters, and patents and trademarks. The

Federal Court deals with these matters. Its

website is: http://cas-cdc-www02.cas-

satj.gc.ca/portal/page/portal/fc_cf_en/Index

Important time limits

Time limits are important in legal claims in two

ways: you must start your action within a certain

period of time (limitation periods) and you must be

aware of time limits that apply to court procedure

(procedural time limits).

Limitation periods

The first thing you need to think about are limitation

periods. Limitation periods set limits on how long

youcan wait before you start a case. For example,

you must start an action for damages arising from a

motor vehicle accident within 2 years of the date of

the accident. Here are some other things yo 

Different types of cases have different

limitation periods.

• The Limitation Act (a copy of this Act can

found in the courthouse library or online

 limitation periods for 

different types of cases

• Most limitation periods vary from 2 to 6 years

and start from the date that:

o the event you want to sue about happened, or

o the date you found out about your possible

claim.

• If your limitation period is not clear to you,

you should consult a lawyer. If your limitation

period expires before you file a claim, your

opportunity to file the claim may be lost.

Procedural time limits

There are numerous procedural time limits that will

affect your case. Some of these time limits are set out

in the forms and others are set out in the Rules of

Court. For example, if you are being sued, you must

deliver your response to the notice of civil claim

within 21 days (if you live in Canada) of the date

you received the claim. Otherwise the plaintiff may

proceed to get judgment against you without the

court hearing your side of the story. Make sure you

understand the time limits that apply inevery step of

the litigation process soyoudo not miss important

deadlines.

Starting your proceeding

There are three ways to start a proceeding in the

British Columbia Supreme Court: an action, a

petition proceeding and a requisition proceedi

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