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    CLASS 2 - Court Process and Procedure

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    Nicole Israelov
    Small claims court process involves filing a notice of claim, serving the defendant, a possible settlement conference with a judge, and a trial where evidence is presented. Supreme court involves similar steps but with longer response times, ability for counterclaims and discovery where parties answer questions. After a judgement, options to collect include garnishment, payment orders or seizing and selling property. Administrative tribunals regulate certain industries and have powers under statutes but decisions can be reviewed by courts.

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    CLASS 2 - Court Process and Procedure

    Uploaded by

    Nicole Israelov
    24 views8 pages
    Small claims court process involves filing a notice of claim, serving the defendant, a possible settlement conference with a judge, and a trial where evidence is presented. Supreme court involves similar steps but with longer response times, ability for counterclaims and discovery where parties answer questions. After a judgement, options to collect include garnishment, payment orders or seizing and selling property. Administrative tribunals regulate certain industries and have powers under statutes but decisions can be reviewed by courts.

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    BUS 261

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    Small claims court process involves filing a notice of claim, serving the defendant, a possible settlement conference with a judge, and a trial where evidence is presented. Supreme court involves similar steps but with longer response times, ability for counterclaims and discovery where parties answer questions. After a judgement, options to collect include garnishment, payment orders or seizing and selling property. Administrative tribunals regulate certain industries and have powers under statutes but decisions can be reviewed by courts.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    24 views8 pages

    CLASS 2 - Court Process and Procedure

    Uploaded by

    Nicole Israelov
    Small claims court process involves filing a notice of claim, serving the defendant, a possible settlement conference with a judge, and a trial where evidence is presented. Supreme court involves similar steps but with longer response times, ability for counterclaims and discovery where parties answer questions. After a judgement, options to collect include garnishment, payment orders or seizing and selling property. Administrative tribunals regulate certain industries and have powers under statutes but decisions can be reviewed by courts.

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    Court Process and Procedure

    TEXTBOOK: Chapter 2 - Pages 39 – 55


    Chapter 3 – Pages 57 - 65
    Small Claims Court
    • Commencing legal proceedings
    • File Notice of Claim using the prescribed form
    • Person/Company starting the claim is the “Claimant” and the other party is
    the Defendants
    • Serve the Notice of Claim – must prove service within 12 months of filing
    (personal service; certified mail; or in the manner the Court directs)

    • Reply
    • must be filed at Court Registry within 14 days after service of Notice of Claim
    if Defendant living in British Columbia or 30 days if outside of BC
    Settlement Conference
    Settlement Conference
    • A representative of both parties appear before a Provincial Court Judge
    • Opportunity to settle the claim before Trial
    • If does not settle, Judge makes Orders:
    • Document disclosure
    • Witnesses
    • Time required for Trial
    Trial
    Presentation of evidence
    Judgement
    Supreme Court of British Columbia
    Commencing legal proceedings
    • File Notice of Civil Claim at Court Registry
    • Person/Company filing NOCC is the Plaintiff and the other party is the
    Defendant
    • Serve the NOCC – personal service using a 3rd party process server; may serve
    as the Court orders known as substitutional service
    Response to NOCC
    • 21 days within Canada; 35 days in the USA and 49 days anywhere else

    Default Judgment if no Response


    Counterclaim
    • If Defendant has a claim against the Plaintiff – essentially will look like a Notice of
    Civil Claim

    Response to Counterclaim
    • The Plaintiff’s response to the Plaintiff’s claim

    List of Documents
    • 35 days after the Pleadings have closed, each party must prepare a List of
    Documents and provide copies on request to opposing party (to prove or disprove a
    material fact and documents the party intends to rely on at trial)

    Examination for Discovery


    Must answer questions within your knowledge or “means of knowledge” relating to a
    matter in question in the action

    Questions and answers are recorded by a Court Reporter – can be referred to at Trial
    Civil Trial
    • Opening Statement sets out the Plaintiffs case in brief
    • Plaintiff leads evidence; Defendant cross examines
    • Defendant leads evidence; Plaintiff cross examines
    • Closing Submissions

    Judgement
    • Judge renders a decision
    • Award with interest and court ordered costs
    • “Costs” include filing fees of documents; lawyers fees on a tariff
    Collection of a Judgment
    Garnishment of Debt
    Subpoena to Debtor/Payment Order
    Writ of Seizure and Sale
    Exemptions from Seizure
    File Judgment in Land Titles Office
    Administrative Tribunals
    • Boards charged with regulating certain business activities
    • Examples include:
    • Liquor sales
    • Environmental protection
    • Real estate salespersons

    • Powers are granted under a statute or regulation


    • In many cases, their decisions can be final and binding without an appeal to the
    Court or another body

    • Hearings are less formal than Court process but must be fair and neutral, otherwise
    may be “judicially reviewed” by the Supreme Court of British Columbia for errors of
    law or procedural fairness

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