How to bring a lawsuit in BC

A lawsuit is a way to get money or other remedies if someone has done you wrong. Maybe you’ve received poor service under a contract, or been injured in a car accident. Maybe you got fired unfairly, or didn’t get a debt repaid.

The party who feels they were wronged starts by filing documents in court. The other party files documents in response. Throughout all of this, the parties can still come together to settle things. If they can’t resolve the issues, the case goes to trial, where each side presents evidence and the court decides the outcome.

(By contrast, in a criminal case, the government files charges against an accused. These charges might be brought because of evidence or testimony of a witness or somebody else who’s involved. A victim might also file a separate lawsuit to get compensation.)  

There are several levels of court in British Columbia. (We explain them here.) There are also dozens of tribunals, more informal settings that decide certain types of disputes. The venue you sue in depends in part on the dollar amount involved.

In British Columbia, most claims for up to $5,000 must be taken to the Civil Resolution Tribunal. This online-first system is designed for people to act for themselves. There are some types of cases this tribunal does not handle, such as claims affecting land or a will. More on this in a moment.  

For most disputes worth between $5,000 and $35,000, the case can be brought in small claims court. This court is also designed for people to use without the help of a lawyer. For more extensive guidance, check out our coverage of small claims court.

Claims for more than $35,000 generally go to the BC Supreme Court.  

Certain types of claims must be brought in a specific court or tribunal. For example, a lawsuit against the federal government must be brought in Federal Court. 

Certain types of civil claims must be brought in BC Supreme Court (regardless of the dollar value involved). Examples include: 

• claims to do with an interest in land or that affect land (such as a builders lien claim)

• claims involving defamation 

• claims involving a will or estate, including probating a will  

• an application for an order for divorce (other family law issues often happen in Provincial Court, or, better yet, there are many ways to resolve family issues out of court)

Meanwhile, certain types of claims must go to a specific tribunal. For example, a claim for workers’ compensation benefits after a workplace injury must be brought to a tribunal that specializes in those types of claims. 

As described above, the Civil Resolution Tribunal typically deals with claims up to $5,000, but it also has jurisdiction over other matters above $5,000, like:

• car accident claims if the value is less than $50,000 (if you’re looking for information about car accident claims, we have step-by-step guidance)

• strata disputes

• claims involving intimate images

• most claims involving BC non-profit societies or co-ops

Here, we more fully explain which venues handle which types of cases.

Contrary to popular belief, you typically can’t sue someone (or a company) for “pain and suffering” and expect to be awarded millions of dollars. These types of damages, and other types of non-pecuniary damages like loss of enjoyment or psychological distress, are only awarded in rare circumstances. And in Canada, even if you’re entitled to this type of compensation, the amounts will be far lower than what you see in the newspaper headlines (or on American TV shows). 

Certain cases have caps on the amount you can claim. For example, there is a cap on the amount of non-pecuniary damages you can get for injuries suffered in a car accident (as explained here). The overall goal of these laws is to discourage frivolous lawsuits, which can back up the court system for everyone. 

If you feel like the compensation owed to you in your case is a complex matter, consider getting legal advice. There are options for free or low-cost advice.

The law in BC creates a time window to bring a legal action. Once this window, called a limitation period, has passed, it’s too late to start a lawsuit.

Most claims have a limitation period of two years. But some types of claims have different limitation periods. For example, a lawsuit to enforce a court judgment has a limitation period of 10 years.

The limitation period starts to run once a person discovers their legal claim. A claim is said to be discovered on the first day you knew, or reasonably ought to have known, all the following:

• an injury, loss or damage occurred,

• it was caused at least partly by an act or omission, 

• the act or omission was that of the person you’re suing, and

• a court proceeding would be an appropriate way to seek a remedy.

For example, let’s say you take your car for engine repairs. It’s in the shop for a month. When you get it back, you see the car has a new problem — the back bumper has a major dent. The limitation period starts on the day you discovered the car was damaged and realized (or should have realized) it was the repair shop that likely did the damage.

If you discovered a legal claim before June 1, 2013, an older limitations law applies. It had different limitation periods for different types of claims. For example, a claim for breach of contract or repayment of a debt had a six-year limitation period.  

What can you really handle? Lawsuits can not only be long and expensive, but also stressful. Before you start filing papers, check out the five steps to dealing with any legal problem.

A word of caution: if you bring a lawsuit and win, it's up to you to collect the money. If the person or company you’re claiming against can’t pay, it can take a while to collect (if you ever do). If you’re dealing with a company, check that they’re still in business before you sue them.  

Before starting a lawsuit, it’s almost always best to try solving the problem another way. Going to court can end up costing more than a dispute is worth. It’s rarely quick. Court proceedings are open to the public, and you may prefer to keep the details of your dispute private. 

First try sending a demand letter (if you haven’t already). We walk you through writing one. This might convince the other side to put things right.

Negotiation, mediation and arbitration are other ways to solve a dispute. For more details, check out our page on how to avoid going to court — you can even try some of these approaches after a lawsuit has been filed, in order to get things wrapped up quickly. 

A lawsuit begins with a document you prepare, file with the court (or tribunal), and deliver to the party you’re suing. 

This document is called different things depending on the venue:

• In small claims court, it’s called a notice of claim. See form 1 on this BC government website.

• Before the Civil Resolution Tribunal, it’s called a dispute application form. You apply online here.

• If the venue is another tribunal (like the Residential Tenancy Branch or the BC Human Rights Tribunal), head to that tribunal’s website to find the right form to initiate a claim there.

• In BC Supreme Court, it’s typically a notice of civil claim, but it might be started in another way (like a petition). Here are the Supreme Court forms.

The details of how you complete the form, file it, and deliver it also vary depending on the court or tribunal. For small claims court, our guide on starting a small claims lawsuit walks you through step-by-step. For the process before the Civil Resolution Tribunal, see the tribunal’s website. For the process in Supreme Court, see the court’s online help guide.

Even if you’re doing it yourself, expect to pay fees (in the hundreds of dollars) to file a lawsuit. 

The other side has a limited time frame from when they are notified of the lawsuit to respond. The response will be sent directly to you. Review it carefully. Ask yourself:

• Did they refute your allegations with information you didn’t know about?

• Does their counterargument seem credible?

• Are they using a lawyer to present their defense?

• Did they file a counterclaim?

The more Yeses to the above questions, the harder the way forward will be. 

If they don’t respond, you can ask for a default hearing. There the court can make a judgment without the other side present. 

Now that you’ve got the other party’s attention, and they’ve replied with their version of the story, a useful strategy could be to propose a settlement. This is where you offer to take less than what you asked for, but in return, you’ll end your lawsuit. Settlements short-circuit the court process, often getting you less than what you initially wanted, but much faster. 

There’s no one-size-fits-all for a settlement. You can try to negotiate one-on-one, through email, meetings or phone calls. Or you could suggest a third party mediate the settlement talks.

Many cases are settled before the decision maker (whether judge, arbitrator or adjudicator — the title of the decision makers varies depending on the court or tribunal) makes a final decision. 

A settlement might not be possible in all situations. But if it is at all possible, consider it. 

Say settlement talks either didn’t happen or didn’t work. (And remember, you can try to settle at any point before the judgment is rendered.) Now it’s time to get prepared for the next steps of the trial.

Most courts or tribunals have “cheat sheets” for how to prepare for the trial. Here are guides for small claims, the Civil Resolution Tribunal, and Supreme Court. You might have to gather and prepare witnesses or witness reports. You might have to tell your story orally. You might need to print out a lot of forms, documents, emails, and so on, and organize them in binders. Get ready to get prepared. Then prepare! 

If you win your case, congrats! Unfortunately, this might not be the end of the road. It’s not like the police will come knocking on the other side’s door tout suite, demanding they do what the judge said. 

You might need to hire a bailiff in situations where, for example, a tenant just won’t leave, even though you’ve been granted an order of possession. Or you might have to file more forms to get a judgment paid — see the legal options if the person you sue doesn’t pay.

The other side might also file an appeal. Most every court or tribunal allows the loser to appeal their case to another decision maker. But most of the time, this doesn’t mean the case gets heard all over again. Appeals generally target a certain “unfairness” that may have occurred, and they’re rarely successful. That being said, you’ll typically still have to wait until the appeal is heard and decided before you can enforce your original win. 

Both small claims court and the Civil Resolution Tribunal are designed to be used without a lawyer. But you'll probably better understand the process, as well as the strength of your case, if you get legal advice. There are low-cost options for advice. That page also explains how if you have limited means, you might be able to get legal help from pro bono services, a student legal clinic, or an advocate.