Steps in an Action

Last Reviewed: March 2023 Reviewed by: JES Download

Steps in Actions Started by Notice of Civil Claim

 If a matter is started by a Notice of Civil Claim it is called an “Action”. The person who starts an “action” is called a “plaintiff”. The person defending an action is called the “defendant”.

  1. Decide whether to bring an action in the Provincial Court (small claims division) or the Supreme Court (see Where to File).
  2. Plaintiff starts the action by filing and serving a notice of civil claim (see Preparing your Documents and Serving Documents).
  3. Defendant files and serves a response (see Responding to an Action and Serving Documents).
  4. Defendant files and delivers a counterclaim or third-party claim, if applicable.
  5. If required, plaintiff files and delivers a response to the counterclaim.
  6. If required, third party files and serves a response (Third Party Claims).
  7. Plaintiff and defendant consider if the matter will proceed as fast-track litigation (see Fast Track Litigation).
  8. Plaintiff and defendant start discovery process (See Discovery).
  9. Plaintiff and defendant may need to make pre-trial applications in chambers to obtain directions or assistance from the court (see Chambers Applications).
  10. Plaintiff and defendant consider resolving case without going to trial (see Negotiation and Avoiding Trial).
  11. Plaintiff and defendant prepare for trial by setting trial date; considering expert opinions; and preparing documents for trial (see Trial).
  12. Plaintiff and defendant attend the trial and receive judgement and award of costs (see Costs).
  13. Plaintiff or defendant (winning party) prepares and files court order (see Orders).
  14. Plaintiff or defendant enforces judgement (see Enforcing Court Orders).

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