Supreme Court BC

Discharge from Bankruptcy
This guidebook is for people who have declared bankruptcy but have not been granted a discharge from bankruptcy. If your trustee is no longer responsible for making another application for discharge, this guidebook will help you make your own application for discharge from bankruptcy.
 

How to Appeal An Order Made in Small Claims Court
This Guidebook provides a step by step procedure that you can follow to appeal an order (decision) made by a judge after a British Columbia Small Claims Court trial.

Choosing Small Claims Court or Fast Track Litigation
This guidebook is intended to help you understand the options available to you when deciding whether to commence your action in the BC Supreme Court or the Small Claims division of the Provincial Court.

Fast Track Litigation in Supreme Court
Fast track litigation (Rule 15-1) allows you to shorten the entire litigation process if you have an action where the amount in issue is $100,000 or less or needs no more than three days of trial. What this means to you is that your case can be concluded much faster and at far lower cost.

Starting an Action by Notice of Civil Claim
This guidebook will give you 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.

Defending an Action Started by a Notice of Civil Claim
This guidebook (along with the guidebook Starting an Action by Notice of Civil Claim) will assist you in defending a lawsuit started against you in the Supreme Court of British Columbia. When you have been served with a notice of civil claim, you might find it helpful to talk to a lawyer about what you need to do. Defending a lawsuit is complicated and timeconsuming and the consequences of doing things late or incorrectly may be serious.

Starting a Proceeding by Petition
This guidebook will give you some instructions on how to start a proceeding by petition in the BC Supreme Court. It contains information about whether you should start your proceeding with a petition or a notice of civil claim, provides an overview of the process, important time limits, and how to prepare, file, and serve your court documents.

Defending a Proceeding Started by Petition
This guidebook will assist you in responding to a proceeding started by a petition in the Supreme Court in British Columbia.

PRE-TRIAL

Applications in Supreme Court
This guidebook contains an overview of the procedure for applications, set out in Part 8 of the rules. In addition Rule 22-1 provides general rules on what are known as “chambers proceedings” and Rule 22-2 provides the rules on any affidavits that may be submitted with applications. Applications are used to ask the court to make an order to resolve issues that come up in your case before the trial of the lawsuit. However, depending on the type of application you make, an application can also result in a final decision in your case. For example, an application for summary judgment may result in a final decision.

A Guide to Preparing Your Affidavit
This Guidebook describes the steps you take to prepare your affidavit. We use affidavits to present evidence to the court. Sometimes, courts hear evidence from witnesses who give their evidence in person, orally. However, for evidence without a witness – like receipts, photographs, or personal accounts of facts in the case – you must present your evidence by affidavits.

Resolving Your Case Before Trial
This booklet explains how you can resolve your case before it goes to trial. Only a small percentage of cases go to trial, as most disputes are resolved before reaching that stage. The ways that can happen are discussed in this guidebook. It is important to think about settling your case; lawsuits are time-consuming and expensive and your costs increase at every stage of the proceeding.

The Discovery Process
The discovery process is the way you (and the other party) discover the other side’s view of what happened in the case. This process is like a roadmap allowing you to see the other side’s version of when and where things happened. This guidebook provides only a general overview of the rules that apply if you are involved in a case that was commenced by a notice of civil claim (called an “action”). Note that the discovery process is not available in claims started by a petition. Also, note that different discovery rules apply if you are proceeding by fast track litigation (see the guidebook, Fast Track Litigation).

The Case Planning Conference
The purpose of a Case Planning Conference (CPC) is to bring the parties together early in the litigation to talk about how the case will proceed. A CPC is not mandatory, but may be requested by the court or either party when the pleadings are completed. These conferences, held by a judge or master, will ensure that cases keep moving forward in a way that is consistent with the proportionality principle. (The number and length of legal processes allowed is proportionate to the amount involved, the importance of the issues in dispute, and the complexity of the case).

Requisitions
The purpose of a requisition is to make a request to the court or court registry. In most cases, you do not have to appear in front of a judge or master to make your request. This guidebook tells you when you need to use a requisition and provides examples of two completed requisitions (Form 17).

TRIAL

Trials in Supreme Court
The final stage in an action (a proceeding started with a notice of civil claim) is the trial. The trial is your opportunity to go before a judge and possibly a jury, and tell your story by presenting evidence in court.

Proving Your Case in Supreme Court
You need evidence to prove your case in court. There are many rules about how you can bring evidence into court. This Guidebook introduces you to the general principles of evidence and explains the kind of evidence you will need in pre-trial court hearings as well as the court hearing itself.
 

Judicial Review
This Guidebook contains an overview of the procedure for a judicial review. In a judicial review, the Supreme Court of BC is asked to set aside a decision of a government body, like a tribunal.

AFTER TRIAL

Costs in the Supreme Court
This guidebook provides an overview of the procedure for assessing costs in a Supreme Court action. Costs are usually awarded to the party who is successful at trial. They are intended to be a partial indemnity for legal fees and time spent, plus a reimbursement of proper out-of-pocket expenses that the successful party incurred in starting or defending the lawsuit. The rules that govern costs are set out in Rule14-1 and Appendix B of the Supreme Court Rules. Read these carefully before preparing your documents.

Drafting Orders
An order needs to be prepared when the court hearing is complete (after a hearing in chambers or a trial) and the court has made an order. The order is the document, filed in the court registry, which sets out the decision of the judge or master. The parties, not the judge, are usually responsible for preparing the order. Any party can prepare the order, but usually it is the successful party.

Enforcing Court Orders
In general, when a judge makes an order, the parties must do what the judge has decided. Enforcing an order means making sure that what the court ordered is done, or executed. Usually you want to collect money that is owing to you.