When you can't resolve a dispute, you may want to sue in court. This process is called "civil litigation". Examples of claims may be for monies owing, or if someone injures you, or otherwise causes you a financial loss, whether intentional or not.
You should try to settle disputes without involving the courts. And even if you start a lawsuit, you don't have to go to all the way to trial; you can usually settle out of court at any time. Trials are time consuming and expensive, and the results are never certain.
The procedure you follow depends on the court which will hear your case. Many disputes arise in which less than $25,000 is claimed; in these situations, you should consider small claim court. This may be ideal for small ICBC disputes, debt owing, landlord and tenant disputes, or faulty consumer products.
Reference information Sources
- Overview of the Civil Litigation Process
"This guidebook gives you an overview of the different
levelsof courts in BC, as well as an overview of the
civil litigation process. You should also read the
guidebook, Alternatives to Going to Court, because it
may be possible for you to resolve your legal dispute
without going to court." [quote 2022.09.21 from
https://supremecourtbc.ca/ sites/default/ files/web/ Overview-of-the-Civil-Litigation-Process.pdf
- What is civil litigation?
Civil litigation is a term that applies to any legal dispute where two or more parties are seeking monetary damages or a specific performance and does not include criminal accusations. Some cases go to trial in which a judge will determine the outcome, but not all will. There are many different types of civil litigation. This type of dispute may arise over:
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Product liability
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Construction liability
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Medical malpractice
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Personal injury
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Real estate disputes
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Workers' compensation claims
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Divorce
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Intellectual property disputes
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Anti-trust litigation
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Landlord/Tenant disputes
In the broadest sense, civil litigation is any legal proceeding that does not involve criminal charges or penalties.
[above quoted from www.bryantstratton.edu/ blog/ 2017/ august/ what-is-civil-litgation 2022.09.21 ]
-
Definition of "civil case"
"civil case: A non-criminal lawsuit in which an individual, business, or government entity sues another
to protect, enforce, or to be compensated for a violation of private rights. There are hundreds of
varieties of civil cases, including lawsuits for breach of contract, probate, divorce, negligence, etc." [ quote from "Glossary of Civll Terms" at https://www.courts.ca.gov/ documents/ GlossaryCivil.pdf
- Civil Resolution Tribunal (CRT)
web information quoted from
[https://courtsofbc.ca/ administrative-tribunals/ CRT
2022.09.21]
What is it?
The
civil-resolution-tribunalThe Civil Resolution Tribunal (CRT) is a new administrative tribunal. It is an online dispute resolution platform created to help people without lawyers resolve certain types of disputes quickly. Each dispute must go through mandatory negotiation and mediation phases, where the parties can negotiate with each other. If they still can’t resolve the matter, then they have a "hearing" online or over the phone.
Types of issues
It is a unique tribunal as it deals with many issues that would have otherwise been dealt with the Provincial or Supreme Court. The CRT deals with:
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Small Claims (civil matters) worth under $5,000
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Strata (condo) disputes
Motor vehicle injury claims up to $50,000
Societies and cooperative association disputes
Appeals
Where to go if you want to appeal the decision of the CRT depends on the type of issue you have.
- Small claims matters go to the Provincial Court for a new process under Small Claims Court procedures.
- Motor vehicle injury claims and strata decisions go to Supreme Court for Judicial Review.
Go to for more information Civil Resolution Tribunal (CRT)
for more info at https://courtsofbc.ca/ administrative-tribunals/ CRT
2022.09.21]
://www.ag.gov.bc.ca/courts/small_claims/index.htm">www.ag.gov.bc.ca/courts/
small_claims/index.htm
"Small claims court is a "do-it-yourself" court, where members of the public who are not lawyers can handle their own cases for amounts under $25,000.
It is a court of law, but its rules and procedures are designed to make it as easy as possible for people to resolve their disputes. The court process is also intended to be less expensive and less demanding than other courts, such as the Supreme Court.
Small claims court users are encouraged to settle their claims by agreement. If necessary, there will be a trial and a judge or a justice of the peace will decide the claim.
" (quote fr. Attorney General of BC website 2009.07.23)
For more complex matters or where the amount involved is more than $25,000, you must sue in the Supreme Court of British Columbia. This court has jurisdiction to consider almost all kinds of disputes arising in British Columbia.
This section will let you know important information about civil litigation. You will learn about the trial process, and how decisions are made.
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