Served With a Notice of Civil Claim in BC: The 21-Day Deadline and Your First Steps

Being served with a notice of civil claim is unsettling, whether it arrives at your home, your business or by a process server at your door. The most important thing to know is that the document starts a deadline, and doing nothing has consequences.

This article explains how long you have to respond in the Supreme Court of British Columbia, what a response to civil claim must contain, what happens if you miss the deadline, and the practical first steps that protect your position.

The deadline: 21 days if you were served in Canada

Under Rule 3-3 of the Supreme Court Civil Rules, a defendant who wants to defend a claim must file a response to civil claim (Form 2) and serve a filed copy on the plaintiff. Unless the court orders otherwise, the time to do both depends on where you were served:

• Served anywhere in Canada: within 21 days after service.
• Served in the United States: within 35 days after service.
• Served anywhere else: within 49 days after service.

The period runs from the date you were served, not from the date you opened the envelope or met with a lawyer. Filing alone is not enough: the response has to be both filed in the court registry and served on the plaintiff within the period. Write down the date and method of service as soon as the papers arrive.

What happens if you do nothing: default judgment

Rule 3-8 allows a plaintiff to proceed for default judgment once the response period has expired and the defendant has not filed and served a response. The plaintiff files proof of service, proof that no response was served, a requisition endorsed by a registrar and a draft order.

What the plaintiff can get depends on the claim:

• A claim for a specified or ascertainable amount of money: judgment for the amount claimed, plus any interest the plaintiff is entitled to, and costs.
• A claim for damages that are not yet calculated: judgment for damages to be assessed, and costs. The amount is decided later, but the judgment against you is already in place.
• A claim for the return of goods: judgment for delivery of the goods or their assessed value, and costs.

A default judgment can then be enforced like any other judgment. The court does have power under Rule 3-8(11) to set aside or vary a default judgment, but that means a further court application, with evidence, after the fact. It is far easier to respond on time.

What a response to civil claim has to say

A response is not a letter explaining your side of the story. Rule 3-3(2) requires it to:

• Answer each fact in Part 1 of the notice of civil claim as admitted, denied or outside your knowledge.
• Give your version of any fact you deny, concisely.
• Add other material facts you say are relevant.
• State your position on each remedy sought against you: consent, oppose or take no position.
• Summarize the legal basis for opposing any remedy.

Any fact you do not address is deemed to be outside your knowledge. What you admit in a response can be hard to take back later, so each paragraph deserves care.

Your first steps after being served

• Note the service date and calculate the deadline. Keep the envelope and any note of who served you and how.
• Read the claim in full. Identify who is suing, which parties are named, what facts are alleged and what remedies are sought.
• Preserve your documents. Keep emails, texts, contracts, invoices and records about the dispute. Do not delete anything, including on phones and shared drives.
• Check for insurance. Some claims, such as property damage or certain business disputes, may be covered by a policy that requires prompt notice to the insurer.
• Do not contact the plaintiff to argue the case. Anything you say may be used later. If settlement is worth exploring, it is usually better approached through counsel.
• Get legal advice early. The response is the document that frames your defence for the rest of the case.

Options beyond a simple response

Depending on the facts, the response may be only part of what you file:

• Counterclaim. If you have your own claim against the plaintiff, Rule 3-4 requires a counterclaim (Form 3) to be filed within the same period as the response.
• Third party notice. If someone else should contribute to or indemnify you for what the plaintiff claims, Rule 3-5 lets you file a third party notice without leave within 42 days after filing your response. After that, you need the court's permission.
• Jurisdictional response. If you say the BC court has no jurisdiction over you, or that service was invalid, Rule 21-8 lets you file a jurisdictional response (Form 108) and apply to set aside the claim or service. This step needs legal advice before anything else is filed.

Can you get more time?

Sometimes. Rule 22-4(3) allows the time for serving or filing a pleading to be extended by consent, and plaintiffs' lawyers often agree to a short extension when asked promptly. Rule 22-4(2) also gives the court power to extend time, even after a deadline has passed. Get any agreed extension in writing before the deadline, and do not assume the plaintiff will agree.

What comes after the response

Once pleadings are exchanged, the lawsuit moves into document disclosure, examinations for discovery, possible mediation and, if the case does not settle, trial. Our guide on how a civil lawsuit works in BC Supreme Court walks through those stages. If you think the claim was started too late, our article on the two-year limitation period in BC explains how that defence works; raise it with your lawyer before the response is filed.

Just been served? Talk to a lawyer before the 21 days run out

Our litigation lawyers can review the notice of civil claim, explain your options, and prepare and file your response, counterclaim or third party notice within the time the rules allow.

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