How a Civil Lawsuit Works in BC Supreme Court: From Notice of Civil Claim to Trial

If you are owed more than the small claims limit, or someone has sued you for a larger amount, the dispute will likely be decided in the Supreme Court of British Columbia. Its process is more formal than small claims, and the Supreme Court Civil Rules set deadlines at each step.

This guide walks through the main stages of an action, what each one involves, and the points where cases are often resolved without a trial, so you know what to expect before you start or respond.

Is the Supreme Court the right place?

BC has three main places for civil disputes. The Civil Resolution Tribunal handles most small claims up to $5,000. The Provincial Court's small claims jurisdiction covers claims of $35,000 or less. Claims above that, and claims for things the lower forums cannot order, are brought in the Supreme Court of British Columbia. Choose carefully: under Rule 14-1, a plaintiff who sues in the Supreme Court but recovers an amount within small claims jurisdiction is not entitled to costs, other than disbursements, unless the court finds there was sufficient reason to bring the case there. Our article on choosing between the CRT, small claims and Supreme Court covers the choice in more detail.

Before anything is filed, check the limitation period. Most claims must be started within two years after they are discovered, under section 6 of the Limitation Act, and a late claim can be lost entirely. See the two-year limitation period in BC.

The Supreme Court Civil Rules set out each step. Here is the usual path for an action.

Stage 1: Pleadings

Notice of civil claim. Under Rule 3-1, an action starts when the plaintiff files a notice of civil claim in Form 1. It must set out a concise statement of the material facts, the relief sought against each defendant, a concise summary of the legal basis, and the proposed place of trial. A filed notice stays in force for 12 months; if a defendant has not been served in that time, the plaintiff must apply to renew it (Rule 3-2).

Response to civil claim. A defendant served in Canada has 21 days after service to file and serve a response (Rule 3-3), with longer periods for service in the United States or elsewhere. The response must say whether each fact is admitted, denied or outside the defendant's knowledge, give the defendant's version of denied facts, and state the legal basis for opposing the claim. A defendant may also counterclaim or bring in a third party.

Default. If no response is filed in time, the plaintiff may seek default judgment under Rule 3-8. Defendants should not ignore a notice of civil claim.

Stage 2: Documents and examinations for discovery

List of documents. Under Rule 7-1, unless the parties agree or the court orders otherwise, each party must serve a list of documents within 35 days after the end of the pleading period. The list includes every document in the party's possession or control that could be used by any party at trial to prove or disprove a material fact, plus anything the party intends to refer to at trial. Privileged documents are listed with the grounds for the privilege but not produced.

Examinations for discovery. Under Rule 7-2, each party must be available to be examined under oath by adverse parties before trial. Unless the court orders otherwise or the person consents, examinations of a party by adverse parties are limited to seven hours in total. Evidence given at discovery can be used later in the case, so preparation matters.

Other tools include requests for admissions, pre-trial examinations of witnesses, and physical examinations where a person's condition is in issue.

Stage 3: Case planning, applications and settlement

After the pleading period, any party may request a case planning conference under Rule 5-1, where a judge or associate judge can set a schedule for the remaining steps. Disputes along the way, such as over documents, are resolved by applications under Part 8.

Some cases end early. Under Rule 9-6, the court must give judgment or dismiss a claim if it is satisfied there is no genuine issue for trial. Under Rule 9-7, a party may apply for a summary trial, where evidence is usually given by affidavit, discovery transcripts and written reports; the court can decline if the issues are not suitable for that process.

Settlement is always available, and the Rules encourage it:

• Mediation. In most actions, under the Notice to Mediate (General) Regulation, any party can require the others to attend a mediation by serving a notice no earlier than 60 days after the first response to civil claim is filed and no later than 120 days before trial.
• Settlement conferences. The parties can jointly request, or a judge can direct, a private settlement conference before a judge (Rule 9-2).
• Formal offers. Under Rule 9-1, the court may consider a formal offer to settle when deciding costs, and can award double costs, or deny costs, for steps taken after the offer, considering factors such as whether it ought reasonably to have been accepted.

Stage 4: Getting to trial

A party sets the trial by filing a notice of trial (Rule 12-1). Each party must then file a trial brief, the plaintiff at least 56 days and other parties at least 49 days before trial, unless the court orders otherwise or a trial management conference changes the timing (Rule 12-1.1). A trial management conference before a judge or associate judge is required in some cases, including where a party is not represented by a lawyer or more than 15 days are reserved (Rule 12-2).

Smaller cases may run under fast track rules. Rule 15-1 applies, for example, where the claims are only for money, property or a builder's lien and total $100,000 or less, or where the trial can be completed within three days.

At trial, each side presents witnesses and documents, and the judge (or occasionally a jury) decides liability and remedy. Under Rule 14-1, costs must be awarded to the successful party unless the court orders otherwise. A judgment then has to be collected; see enforcing a judgment in BC.

How long does it take?

There is no fixed timeline. Length depends on how complex the facts are, how many parties are involved, how co-operative everyone is with disclosure, and when the court can offer trial dates. Settlement can happen at any stage, and is often explored after discovery or at mediation, once each side has seen the other's evidence.

Starting or defending a lawsuit? Get the first steps right

Our litigation lawyers can assess your claim or defence, prepare and file the pleadings, manage disclosure and discovery, and represent you through settlement discussions or trial.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.