Litigation guides
Legal guides from Equity Law Group on Litigation in British Columbia. For help with your own matter, see our Litigation service or contact us.
Tree Disputes in BC: Roots, Overhanging Branches and Cutting a Neighbour's Tree
October 19, 2026
Roots cracking a driveway, branches over the roof, or a neighbour who cut down a tree on your side: tree disputes are common in BC and can escalate quickly. Here is how responsibility usually works and why you should check the bylaw before you cut.
Water Leaks in a BC Strata: Who Pays for Repairs and the Insurance Deductible?
October 19, 2026
After a leak in a BC strata, the questions come fast: who repairs the damage, whose insurance responds, and can the strata charge you its deductible? The answers depend on the Strata Property Act, your bylaws and the evidence of what caused the leak.
BC's Construction Prompt Payment Act: What Contractors and Owners Need to Know
October 19, 2026
BC's Construction Prompt Payment Act received Royal Assent on November 27, 2025 but is not yet in force. Once it starts, it sets invoicing and payment deadlines down the contract chain, a fast adjudication process and changes to builders liens.
Business Purchase Gone Wrong: Misrepresentation Claims Against a Seller in BC
October 15, 2026
If the business you bought in BC is not what the seller described, your options depend on the purchase agreement and on deadlines. This article explains warranty and indemnity claims, misrepresentation outside the contract, and the time limits that apply after closing.
Verbal Agreements in BC: Are They Legally Binding?
October 15, 2026
A handshake deal can be a binding contract in BC, but the hard part is proving what was agreed. Land deals and personal guarantees have special writing rules, and texts and emails can count as writing. Here is how it fits together.
Registering a Judgment Against Land in BC
October 15, 2026
A BC money judgment can be registered against the debtor's land as a charge on title. This guide explains how registration works under the Court Order Enforcement Act, why it lapses after two years unless renewed, and what a forced sale involves.
Who Pays Legal Costs in a BC Lawsuit? Costs Awards and Offers to Settle
October 14, 2026
In BC Supreme Court the losing side usually pays part of the winner's legal costs, but rarely all of them. A well-timed formal offer to settle can shift those costs, and even lead to double costs. Here is how costs and offers work in BC.
Disagree With ICBC's Fault Decision? Disputing a Responsibility Assessment
October 14, 2026
If ICBC has found you partly or fully responsible for a crash, you can ask for a detailed review and then take the decision to the Civil Resolution Tribunal. Two separate 90-day deadlines apply, and the burden of proof at the tribunal is on you.
Disputing an ICBC Decision on Your Injury Claim
October 14, 2026
If ICBC denies, reduces or ends your Enhanced Care benefits, you can challenge the decision. Here is how ICBC's internal escalation works, when the Civil Resolution Tribunal decides the dispute, which deadlines apply and how to build your evidence.
Property Line and Fence Disputes in BC: Surveys, Encroachments and Options
October 14, 2026
Think your neighbour's fence, shed or garage sits on your land? In BC the answer starts with a survey, not the fence line. Here is how encroachment claims work, why long use does not transfer registered land, and what the Supreme Court can order.
Enforcing a Residential Tenancy Branch Monetary Order in BC
October 14, 2026
A Residential Tenancy Branch monetary order does not collect itself. In BC you serve it, wait out the review period, file it in Small Claims or Supreme Court, and then use the court's enforcement tools. Here is how that works for landlords and tenants.
Garnishing Wages and Bank Accounts in BC
October 14, 2026
A garnishing order lets a BC judgment creditor collect from the debtor's employer or bank. Here is how the application works, how much of a pay cheque is protected, how money comes out of court, and what a debtor can do once garnished.
What Happens in BC Small Claims Court: Settlement Conferences, Trial and Payment Hearings
October 14, 2026
BC Small Claims Court hears most claims from $5,001 to $35,000. Here is what happens after the notice of claim and reply: the settlement conference, mediation for larger claims, the trial itself, and the payment hearing if money is owed.
Default Judgment in BC: What Happens If Someone Does Not Respond, and Setting It Aside
October 14, 2026
If a defendant does not respond to a lawsuit in time, the claimant can ask for judgment without a trial. This article explains default judgment in BC Supreme Court, default orders in small claims, and what a defendant must show to have one set aside.
Served With a Small Claims Notice of Claim in BC: How to Reply or Counterclaim
October 12, 2026
Served with a small claims notice of claim in BC? You generally have 14 days to file a reply if you were served in the province. Here is what the reply does, how a counterclaim works, and what happens if you miss the deadline.
When Siblings Disagree About a Parent's Estate: Options Before Court
October 12, 2026
When brothers and sisters disagree about a parent's estate in BC, court is not the only option. Asking for information and accounts, negotiating with structure, and mediating can resolve many disputes, as long as you keep an eye on the deadlines.
Neighbour Disputes in BC: Trees, Fences, Noise and Drainage
October 12, 2026
Most neighbour disputes in BC start with an overhanging tree, a fence in the wrong place, constant noise or water running onto your lot. This guide explains the main legal ideas, which forum fits which problem, and the steps that help before anyone goes to court.
Disputes With Your Strata in BC: From Council Hearing to the CRT
October 12, 2026
Have a dispute with your strata corporation? Learn when to request a council hearing under the Strata Property Act, what the Civil Resolution Tribunal can decide, and which claims must go to the BC Supreme Court instead.
Slipped on a City Sidewalk? The Two-Month Notice Rule for BC Municipalities
October 12, 2026
If you are hurt on a city sidewalk in BC, a short deadline applies long before the usual two-year limit: written notice to the municipality within two months. Here is what the notice must say, where it goes, and what happens if it is late.
A Builders Lien Was Filed on My Home: What BC Homeowners Can Do
October 12, 2026
A builders lien on your title can stall a sale or refinance. BC homeowners can check whether it was filed in time, force the claimant to sue within 21 days, or have it removed by giving security or paying into court. Here is how each route works.
Co-Owners Who Disagree: Forcing the Sale of Jointly Owned Property in BC
October 12, 2026
When siblings, friends or investors co-own BC property and one wants out, the Partition of Property Act lets the Supreme Court order a sale. Here is how the half-or-more rule works, when the other owners can buy you out instead, and what to sort out before you apply.
Lent Money to a Friend or Family Member? Getting It Back in BC
October 12, 2026
Lending to a friend or relative is easy; getting paid back can be hard. Here is how BC law treats informal loans, why proving it was a loan and not a gift matters most, and how the two-year limitation period and the right forum affect your options.
Client Will Not Pay the Invoice? Options for BC Small Businesses
October 9, 2026
When a client stops paying, your contract terms, your paper trail and the interest you can lawfully claim shape what happens next. This guide is for BC contractors, consultants and small businesses deciding how to escalate an unpaid invoice, and how to avoid the next one.
Received a Demand Letter in BC? How to Respond Without Making Things Worse
October 9, 2026
A demand letter is not a lawsuit, but how you respond can shape what happens next. Here is how to read a BC demand letter, the replies that can hurt you, how an acknowledgment can restart an old limitation clock, and your realistic options.
Demand Letters in BC: What to Include Before You Sue
October 9, 2026
A well-written demand letter often gets you paid without a lawsuit, and sets up your claim if it does not. Here is what a BC demand letter should include, the mistakes to avoid, and why sending one never stops the two-year limitation clock.
Served With a Notice of Civil Claim in BC: The 21-Day Deadline and Your First Steps
October 9, 2026
If you have been served with a notice of civil claim in BC Supreme Court, the clock is already running. Served in Canada, you generally have 21 days to file and serve a response or risk default judgment. Here is what to do first.
Slip and Fall Injuries in BC: Who Is Responsible and What to Do Next
October 8, 2026
If you are hurt in a fall on someone else's property in BC, the Occupiers Liability Act decides who owed you a duty of care. Here is how responsibility is assessed, the deadlines that apply (including a two-month notice for municipalities), and what to do in the first days.
How a Civil Lawsuit Works in BC Supreme Court: From Notice of Civil Claim to Trial
October 8, 2026
A step-by-step guide to a civil action in the Supreme Court of British Columbia: the notice of civil claim and response, document disclosure, examinations for discovery, mediation and settlement offers, and setting the case down for trial.
Contractor Took a Deposit and Did Not Finish: Options for BC Homeowners
October 8, 2026
When a contractor takes your deposit and stops showing up, BC homeowners have consumer protection rights, builders lien rules to respect, and a choice of forum for a claim. Here is how they fit together, and the mistakes that can cost you twice.
Found a Hidden Defect After Buying a BC Home? Claims Against the Seller
October 8, 2026
Found water damage, rot or another hidden problem after buying a BC home? Whether you can claim against the seller depends on what was discoverable, what the seller knew and said, and acting within the two-year limitation period.
Builders Liens in BC: Deadlines, Holdbacks and Getting Paid
October 8, 2026
A builders lien can secure payment for work and materials supplied to land in BC, but the 45-day filing window and the one-year deadline to sue are strict. Here is how the 10% holdback works, what starts the clock, and what owners can do when a lien lands on title.
Injured in a Car Crash in BC: How ICBC Enhanced Care Works and When You Can Still Sue
October 8, 2026
Since 1 May 2021, most people injured in a BC crash cannot sue the other driver. Here is what ICBC's Enhanced Care benefits cover, the narrow cases where a lawsuit is still possible, how to dispute a benefits decision and what applies to older crashes.
When a BC Real Estate Deal Collapses: Buyer and Seller Remedies
October 7, 2026
When a BC home sale fails to complete, the deposit, any damages claim and your next steps depend on who broke the contract and how quickly you act. How buyer and seller remedies work, what happens to a deposit held in trust, and the deadlines to watch.
Breach of Contract in BC: What You Can Claim and How Disputes Are Resolved
October 7, 2026
When the other side does not deliver, BC law generally aims to put you where you would have been if the contract had been kept. This guide covers what counts as a breach, the remedies you can claim, your duty to mitigate, and which forum hears your dispute.
Collecting Unpaid Debts in BC: A Step-by-Step Guide
October 6, 2026
Someone owes you money and has stopped answering. Here is how debt collection works in BC: the demand letter, the two-year limitation period, choosing between the Civil Resolution Tribunal, Small Claims and Supreme Court, and what happens if the debtor disputes the claim.
You Won Your Case. Now What? Enforcing a Judgment in BC
October 6, 2026
A court or tribunal order in your favour does not put money in your account. Here is how judgments are enforced in BC: filing CRT orders, Small Claims payment hearings, garnishment, registering against land, debtor examinations, seizure, and how long a judgment lasts.
Limitation Periods in BC: The Two-Year Rule and When the Clock Starts
October 5, 2026
Most civil claims in BC must be started within two years of the day the claim is discovered. This article explains how the discovery rule works, the 15-year ultimate limit, the rules for children and people under a disability, and claims that follow different deadlines.
CRT, Small Claims or Supreme Court? Where Your Dispute Belongs in BC
October 4, 2026
Someone owes you money, a contractor walked off the job, a deposit was never returned. In British Columbia the first legal question is not whether you can sue but where: the online Civil Resolution Tribunal, Small Claims Court or the Supreme Court. Here is how the three fit together, and the two-year clock that runs across all of them.