Court and Tribunal Procedures
BC Supreme Court
People or companies can file legal claims at the BC Supreme Court (the “BCSC”) for disputes that are worth more than $35,000. In employment law, cases usually relate to wrongful dismissals and severance, non-competition clauses, non-solicitation clauses and confidentiality.
There are four major stages of a legal claim at the BCSC:
1. Pleadings
2. Discovery
3. Trial Preparation
4. Trial
BC Supreme Court Rules
The BC Supreme Court has written rules (the British Columbia Supreme Court Rules) (the “Rules”) that explain what parties must do to pursue or defend a legal claim. The court also issues practice directives to clarify a rule, or when there isn’t a rule on a common issue.
The Rules say that if someone wants to start a legal claim or defend a legal claim, they must file specific documents in specific formats, such as a Notice of Civil Claim or Response to Civil Claim. There are strict deadlines to file and serve these documents. Failure to file and serve in accordance with the deadlines stated in the Rules can be fatal to a party’s claim or defense.
Timing
How long it takes to complete a legal claim from start to finish depends on each case and type of claim. Some claims complete within six months (or sooner if there’s an early settlement). More complex legal claims can easily take two years or longer to finish.
How long it takes to complete a legal claim also depends on the availability of the lawyers of each party, and most importantly, the court’s availability, since the court has limited time for hearings and trials. Even once a date is scheduled, a hearing or trial may be delayed if no judge is available (for example, if more cases than judges are booked by the court registry, or if a time-sensitive criminal or family law case comes up last minute).
Risks
Even the “easiest” case can be made complicated if an opposing party does not follow the court’s rules or instructs their lawyer to be unreasonable.
Litigation is unpredictable.
Even though there are rules and specific steps that each party must follow, you never really know what the other party is going to say in court, who the judge will be and who the judge will believe.
No lawyer can guarantee a good outcome.
Every litigant (i.e. person or company involved in a legal case) must be ready to relive and retell their stories, over and over again. This can weigh heavily on the emotional and mental well-being of anyone involved.
Lawsuits usually settle, but there is no guarantee they will settle early or at all. Sometimes, they settle right after the claim has been filed and sometimes, they settle at the 11th hour on the steps of the courthouse. All parties in litigation (i.e. the process of a legal claim) must be prepared – mentally, emotionally, and financially – to pursue their claim or defense through a trial.
Pleadings
Pleadings are the formal documents that begin a legal claim, such as a Notice of Civil Claim and a Response to Civil Claim.
The plaintiff (the person making the legal claim) files a document called a Notice of Civil Claim which outlines the most important facts the plaintiff intends to prove, the remedies they are seeking, the legal issues that must be resolved, and their position on the applicable law.
The defendant must respond to a Notice of Civil Claim with a Response to Civil Claim. In this response, the defendant says which facts in the Notice of Civil Claim they agree with and which facts they disagree with. The defendant responds to what the plaintiff wrote in their claim with their outline of the facts, any additional legal issues that must be resolved and the applicable law.
In more complex types of litigation, pleadings may also include:
- Reply: a plaintiff can file a Reply in response to a defendant’s Response to Civil Claim
- Third Party Notice: a defendant can file a Third Party Notice if they believe another party may be responsible for the plaintiff’s claims
- Particulars: if a party believes that another party has not described the material facts in sufficient detail, they can write a letter to the other party and demand particulars of those facts
- Other: there are other documents that are less common in employment law cases (for example: petitions) which we will not cover here
The main purpose of pleadings is to identify the issues between all the parties involved in the legal dispute. Each document must be filed with the court registry and personally served on the other parties.
Fast Track Litigation
Either party to a legal claim can ask the court to apply the “Fast Track Litigation” rules, or all parties can mutually consent to these rules. When the Fast Track Litigation rules apply, the parties are entitled to schedule a trial within four months of applying for a trial date, and must limit the length of oral discovery.
Only certain types of legal claims qualify for Fast Track Litigation, such as legal claims worth $100,000 and less and those which need three days or less for trial.
Discovery
Once all the parties involved in a legal claim have filed their pleadings, the discovery process begins. This process allows each party in the legal claim to learn about the opposing party’s case and prepare for trial. It is meant to ensure that people do not surprise each other in court with new information or evidence.
First, the parties must exchange all relevant documents in their possession. A document is relevant if it can prove or disprove a material fact in the case. This means that parties must give the other side documents even if it will hurt their case.
If a party believes that some documents are missing from the other party’s document disclosure they can demand additional documents. If the parties cannot agree on the documents that ought to be disclosed, they can ask the court for guidance by filing an application and attending a hearing in court.
Next, the parties will conduct examinations for discovery, which is an opportunity for one party (or their lawyer) to ask the opposing party questions under oath to learn about the opposing party’s case or defense. Examinations for discovery are usually held in a neutral office, in a lawyer’s boardroom or via video conference. A court reporter will attend and provide transcripts of what was said.
Trial Preparation
The parties must call the courthouse to reserve trial dates and file a Notice of Trial in order to confirm those dates. It can be difficult to find dates where the court, the parties and their lawyers are all available, and as a result, trial dates are scheduled months or even over a year in advance.
Leading up to trial, the parties are expected to complete some formal steps with the court, including:
- Scheduling, confirming and attending a Trial Management Conference
- Drafting, filing and serving a Trial Brief
- Drafting, filing and serving a Trial Record
- Drafting, filing and serving a Trial Certificate
- Preparing and filing a book of documents (or joint book of documents)
- Drafting, filing and serving subpoenas to force unwilling witnesses to give evidence
Each party will manage additional steps on their own or with their lawyer, including:
- Interviewing and preparing the party’s own witnesses
- Interviewing the opposing side’s witnesses
- Preparing questions for each witness, including examination-in-chief (one’s own witnesses) and cross-examinations (the other party’s witnesses)
- Assessing which documents to show the court as evidence at trial
- Conducting legal research
- Putting together books of legal authorities
- Preparing an opening statement
- Preparing a closing statement, including legal argument
- Preparing written arguments
Trial
On the first day of trial, the parties find out which judge is assigned to their case and head to their assigned courtroom at the courthouse. All other witnesses must stay outside the courtroom until they are called in to give evidence so their testimony is not influenced by what anyone else says.
The parties or their lawyers will introduce themselves to the judge and deal with “housekeeping” matters, such as informing the judge if any witnesses will be appearing by video and whether the parties have a joint book of documents or joint book of authorities.
The plaintiff and defendant (or their lawyers) give opening statements, ask their own witnesses questions under oath, and ask the other party’s witnesses questions under oath. To conclude, each party will give a closing statement summarizing their case.
Usually, the judge will reserve their judgment which means that the judge will not make a decision about the case right away. Instead, they will take time away from the courtroom to review the evidence, their notes and the law, before making a decision (sometimes several months later). Usually, the judge will explain their decision in writing, which is published on the court’s website, though sometimes the parties are asked to come back to court to hear the judge’s decision orally.
Once the judge makes their decision on the case, the winning party can ask the court to order the unsuccessful party to pay a portion of the successful party’s legal fees (i.e. costs). During costs submissions to the court, a party can bring up a formal offer to settle.
The winning party drafts and files a written order. The final order must match the judgment and must match the clerk’s notes. Once the court registry approves the final order and stamps it, the winning party may execute the judgement. If the judgment includes an order that the unsuccessful party must pay the winning party money, the losing party must make that payment. If they refuse, the winning party has some options to force payment, including garnishing the unsuccessful party’s bank accounts and forcing a sale of the unsuccessful party’s assets.
A judgment is valid for 10 years and if the winning party does not collect on the judgement within that time, they can make an application to the court to extend the judgment.
Other Considerations
Costs
The monetary risks at the BCSC are important. The losing party will usually be ordered to pay the winning party a portion of the winning party’s legal fees (approximately one-third of the winning party’s actual legal fees).
In some circumstances a losing party may owe the winning party more than one-third of their legal fees; for example, if the losing party acted reprehensibly during the litigation or if the court decides that the losing party unreasonable rejected a reasonable settlement offer.
Interlocutory Applications
At any time before a trial, a party in a legal claim can make an application to the court where they ask the court to make a ruling about a pre-trial matter. Common applications include asking the court to order the other party to provide relevant documents or to strike baseless allegations.
Some applications are made with a written request; but most applications must be presented in person to a master or judge.
Summary Trial
Once all the parties involved in a legal claim have filed their pleadings (either before, during or after the discovery process), a party may file an application for summary trial, which is a “mini trial” that proceeds with written documents and no evidence by in-person witnesses. Parties may provide affidavits (a written statement under oath) and include other documents as evidence to support their written statements. In appropriate cases, the summary trial process can be used to avoid a long and expensive trial with witnesses sharing evidence orally in person.
Formal Offer to Settle
At any time before a judgment is made in a case, a party can make a formal offer to settle to the other party. A formal offer to settle must be made in the form prescribed by the British Columbia Supreme Court Rules and is kept open for acceptance until a judge or jury makes their final judgment on the case.
The purpose of a formal offer to settle is to encourage parties to resolve their disputes before trial and to accept reasonable settlement offers. If a party rejects a reasonable formal offer to settle, and then loses at trial, the court may order them to pay a higher amount of the other side’s legal fees (i.e. costs). Here’s an example:
- Party A makes a formal offer that they will settle if the other side pays them $40,000
- Party B rejects this offer
- After trial, Party A wins $75,000 in damages
- Party A shows the judge it offered to settle with Party B for $40,000
- The judge decides that Party B should have accepted the reasonable offer before trial, and orders that Party B pays 100% of Party A’s legal costs
For more information about the BC Supreme Court, see these BC Supreme Court resources.
BC provincial court
People or companies can file claims at the BC Provincial Court (the “BCPC”) for disputes that are worth between $5,001 and $35,000. In employment law, cases usually relate to wrongful dismissals and severance, non-competition clauses, non-solicitation clauses and confidentiality.
These claims are called “small claims” and the BCPC is sometimes called Small Claims Court. Small Claims Court is intended to be a user-friendly and cost-effective arena for non-lawyers to represent themselves in legal claims.
There are 5 major stages of a legal claim at the Small Claims Court:
1. Pleadings
2. Settlement Conference
3. Trial Conference
4. Trial Preparation
5. Trial
Small Claims Act and Small Claims Rules
Both the Small Claims Act and the Small Claims Rules (the “Rules”) explain what parties must do to start a legal claim or defend a legal claim. The Rules provide a step-by-step guide that explains when, how and where to start or reply to a legal claim. The Rules also set out strict deadlines for each step in the process.
Timing
How long it takes to complete a legal claim from start to finish depends on each case and type of claim. Some claims complete within six months (or sooner if there’s an early settlement). More complex legal claims can easily take two years or longer to finish.
How long it takes to complete a legal claim also depends on the availability of the lawyers of each party (if the parties are represented by lawyers) and most importantly, the court’s availability, since the court has limited time for hearings and trials. Even once a date is scheduled, a hearing or trial may be delayed if no judge is available (for example, if more cases than judges are booked by the court registry, or if a time-sensitive criminal or family law case comes up last minute).
Risks
Even the “easiest” case can be made complicated if an opposing party does not follow the court’s rules or instructs their lawyer to be unreasonable.
Litigation is unpredictable.
Even though there are rules and specific steps that each party must follow, you never really know what the other party is going to say in court and who the judge will believe.
A good outcome can never be guaranteed.
Every litigant (i.e. person or company involved in a legal case) must be ready to relive and retell their stories, over and over again. This can weigh heavily on the emotional and mental well-being of anyone involved.
Lawsuits usually settle, but there is no guarantee they will settle early or at all. Sometimes, they settle right after the claim has been filed and sometimes they settle at the 11th hour on the steps of the courthouse. All parties in litigation (i.e. the process of a legal claim) must be prepared – mentally, emotionally and financially – to pursue their claim or defense through a trial.
Pleadings
Pleadings are the formal documents that begin a claim, such as the Notice of Claim and the Reply.
The claimant (the party starting a legal claim) begins the process by completing and filing a Notice of Claim form and an Address of Service form. The claim should clearly state who the recipient is (a company, individual or society) and provide a brief explanation of what the matter is about. The amount sought must also be clearly stated on the form. It is important to remember that the total amount being sought cannot exceed $35,000.
The claimant must file the claim in the court registry either nearest to where the defendant lives or carries on business, or where the event that led to the claim happened. Once the claim is filed, the claimant must serve it on the defendant within 12 months.
When the defendant (the party responding to the legal claim) receives the Notice of Claim, they have a few options:
1. Pay the amount claimed and ask the claimant to withdraw the claim;
2. Admit to all or part of the claim and arrange a payment plan with the claimant;
3. Oppose all or part of a claim and give reasons why the claim is opposed; or
4. Make a counterclaim against the claimant.
Under options 2-4, the defendant must fill out a Reply form and an Address for Service form within 14 days of receiving the claim (30 days if they are outside of BC). The Reply should state which parts of the claim the defendant agrees with, and which are opposed and why. If the defendant would like to counterclaim, the defendant should clearly state in the Reply what the counterclaim is about and the amount that is being claimed. The Reply and Address for Service forms should be filed at the same registry where the Notice of Claim was filed and the registry must serve it on the claimant within 21 days after it has been filed.
Small Claims forms can be found here: https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms
Settlement Conference
The Small Claims Court procedures are designed to encourage an early resolution. After the pleadings stage, the Small Claims Court registry schedules a mandatory settlement conference.
The settlement conference brings together the claimant and defendant with a judge for settlement discussions. The parties must bring all relevant documents with them and provide a copy to the other party.
If a settlement is not reached, the judge will make orders related to the trial, like setting a trial date and deadlines to exchange further documents and witness lists.
The Small Claims court facilitates optional mediations for claims that are worth more than $10,000 but less than $35,000. Mediation can be initiated by any party to a claim by filing a Notice to Mediate. If a resolution is reached through mediation, an agreement will be put in writing outlining the terms of the settlement.
Trial Conference
In some cases the parties will be required to attend a trial conference. During a trial conference, the judge will review the case, determine the amount of time needed for trial and make orders relevant to hearing the trial. For example, the judge can order a party to produce information or make decisions about issues that don’t need evidence.
Each party must complete and file a Trial Statement at least 14 days prior to the trial conference. The Trial Statement should include the facts of the case, the amount claimed, copies of relevant documents and a list of witnesses to be called at trial along with a summary of what each witness will say.
Trial Preparation
The Small Claims Court registry will send each party a Notice of Trial confirming the dates of the trial.
Leading up to trial, the parties are expected to complete some formal steps with the court, including:
- Scheduling, confirming and attending a Trial Conference, if applicable (see above);
- Drafting, filing and serving a Trial Statements, if applicable (see above;
- Preparing and filing a book of documents (or joint book of documents);
- Drafting, filing and serving subpoenas to force unwilling witnesses to give evidence;
Each party will manage additional steps on their own or with their lawyer, including:
- Interviewing and preparing the party’s own witnesses;
- Interviewing the other party’s witnesses;
- Preparing questions for each witness, including examination-in-chief (one’s own witnesses) and cross-examinations (the other party’s witnesses);
- Assessing which documents to show the court as evidence at trial;
- Conducting legal research;
- Putting together books of legal authorities;
- Preparing an opening statement; and
- Preparing a closing statement, including legal argument.
For more information about the trial preparation stage, see these BC Provincial Court resources:
- https://www.provincialcourt.bc.ca/downloads/smallclaims/Small%20Claims%20Guide.pdf
Trial
On the first day of trial, the parties find out which judge is assigned to their case and head to their assigned courtroom at the courthouse. All other witnesses must stay outside the courtroom until they are called in to give evidence so they are not influenced by what anyone else says.
The parties or their lawyers will introduce themselves to the judge and deal with “housekeeping” matters, such as informing the judge if any witnesses will be appearing by video and whether the parties have a joint book of documents or joint book of authorities.
The claimant and defendant (or their lawyers) give opening statements, ask their own witnesses questions under oath, and ask the other party’s witnesses questions under oath. To conclude, each party will give a closing statement summarizing their evidence and legal argument.
Usually, the judge will reserve their judgment which means that the judge will not make a decision about the case right away. Instead, they will take time away from the courtroom to review the evidence, their notes and the law, before making a decision (sometimes several months later). Usually, the judge will explain their decision in writing, which is published on the court’s website, though sometimes the parties are asked to come back to court to hear the judge’s decision orally.
Once the judge makes their decision on the case, the winning party can ask the court to order the unsuccessful party to pay a portion of their expenses (excluding legal fees) and any applicable penalties.
Once the court registry accepts the final order, the winning party may execute the judgement. If the unsuccessful party is ordered to pay the winning party money, the losing party must make that payment. If they refuse, the winning party has some options to force payment, including garnishing the unsuccessful party’s bank accounts and forcing a sale of the unsuccessful party’s assets.
A judgment is valid for 10 years and if the winning party does not collect on the judgement within that time, they can make an application to the court to extend the judgment.
For more information about the trial stage, see these BC Provincial Court resources:
https://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters/links
Other Considerations
Costs
The monetary risks at the BCPC are much lower than at the BC Supreme Court, but are still a relevant consideration. The losing party generally must pay the winning party’s filing fees, expenses for serving documents and any other reasonable charges or expenses that the judge or registrar considers appropriate. A judge may also order a losing party to pay a penalty of up to 10% of the amount claimed if that party proceeded through with trial with no reasonable basis for success.
Interlocutory Applications
Before a trial, a party in a legal claim can make an application to the court to ask the court to make a decision about a pre-trial matter. Common applications include attempting to change the date of a settlement conference or seeking an order to transfer a claim to the BC Supreme Court.
Some applications are granted by the registry without a hearing; but many applications must be presented in person to a judge.
Formal Offer to Settle
A party can make a formal offer to settle to the other party up to 30 days after the conclusion of a settlement conference. A formal offer to settle must be made in the form prescribed by the Rules.
The purpose of a formal offer to settle is to encourage parties to resolve their disputes before trial and to accept reasonable settlement offers. If a party rejects a reasonable formal offer to settle, and then loses at trial, the court may order them to pay a penalty of up to 20% of the amount of the offer to settle. Here’s an example:
- Party A makes a formal offer that they will settle if the other side pays them $20,000;
- Party B rejects this offer;
- After trial, Party A wins $25,000 in damages;
- Party A shows the judge it offered to settle with Party B for $20,000;
- The judge may decide that Party B should have accepted the reasonable offer before trial, and orders that Party B pays 20%, or $4,000 to Party A.
BC Employment Standards Branch
Note: The Employment Standards Branch (the “ESB”) sometimes changes its processes without notice. The information in this post is up to date as of July 2022 but is always subject to change. For more information, please visit the ESB website.
An employee can file a complaint against their employer with the ESB if the employer has contravened the British Columbia Employment Standards Act (the “Act”). This could include a claim for overtime pay, statutory holiday pay, vacation pay or termination pay.
The ESB complaint process is designed to be a user-friendly and cost-effective arena for people to represent themselves in claims relating to employment standards.
Generally, there are three major stages in the ESB complaint process:
Complaint
Mediation, Investigation and/or Hearing
Final Determination
The British Columbia Employment Standards Act
The Act sets out minimum standards for employment relationships. It also outlines when, how and where to start a complaint and the applicable time limit.
Only some employment issues are covered by the Act and within the jurisdiction of the ESB (see the ESB guide here for more information on what is covered by the Act).
Timing
How long it takes for a complaint to resolve depends on each case and type of complaint. Some complaints can settle within a few weeks while other complaints will take months or longer to reach a final determination.
Risks
Even the “easiest” case can be made complicated if an opposing party does not follow the ESB’s rules or acts unreasonably.
The ESB complaint process is unpredictable.
Even though there are rules and specific steps that each party must follow, you never really know what the other party is going to say in the complaint process and who the decision maker will believe.
A good outcome can never be guaranteed.
Complaints can settle before a final determination is issued, but there is no guarantee they will settle early or at all. Sometimes, they settle right after a complaint has bee filed and sometimes they settle after a full investigation has taken place and the parties await a final determination. All parties to the complaint process must be prepared – mentally, emotionally and financially – to see the complaint through to a final determination.
Complaint
A complainant begins a complaint process at the ESB by completing and submitting a written complaint form to the ESB (online, by mail, by fax or in person). The complaint should state the name of the respondent (i.e. the employer), the reason a complaint is being filed and the amount sought.
Timing is important. A complaint by an employee whose employment has been terminated must be submitted within 6 months of the employee’s last day of employment. All other complaints must be submitted within 6 months of the employer’s alleged contravention of the Act. Claims are limited to 12 months of wages.
The ESB has significant discretion over how a complaint will proceed, making it difficult to provide a clear guide on what to expect. However, once a complaint is received and processed the ESB will generally do one of three things:
Attempt to resolve the complaint, usually through mediation;
Begin an investigation into the complaint; or
Schedule a complaint hearing.
Mediation, Investigation and/or Hearing
Mediation
After the ESB receives a complaint, the parties are usually encouraged to negotiate a settlement. Often, a mediation facilitated by a delegate of the ESB will be scheduled to bring the parties together, either by phone or in person. If a settlement is reached, the parties will be asked to sign an agreement which outlines the terms of settlement. If a settlement is not reached, the complaint will proceed to either an investigation or a hearing.
Investigation
If the complaint proceeds to an investigation, a delegate will contact both the complainant and the respondent to request information and documents relating to the complaint. The delegate will compile this information into a report and provide each party an opportunity to review the report and respond. The report and the parties’ responses are sent together to a different delegate for a final determination.
At any point in the complaint process, a delegate can end a complaint if they find that the complaint:
Was not made in good faith;
Lacks evidence; or
Has been resolved with an executed settlement agreement.
For more information about investigations, see here.
Hearing
While most complaints are currently being sent to investigations, the ESB can ask the parties to attend a hearing instead. The parties will receive a notice of complaint hearing which will explain the next steps. A complaint hearing is conducted by a delegate either in person or by phone.
At the hearing, each party will be asked to present evidence. This can include making statements, explaining documents and asking witnesses questions under oath. The procedure at an ESB hearing is usually more relaxed than a formal court proceeding.
Once the hearing has concluded, the delegate will issue a final determination.
Final Determination
At the conclusion of a complaint (either by investigation or hearing), the ESB will issue a determination which is their final decision. If the respondent is found to be in contravention of the Act the respondent can be ordered to:
Comply with the Act;
Remedy or cease doing something;
Post a notice about a determination or a requirement of the Act;
Pay wages to an employee;
Employ a payroll service at the employer’s expense; or
Pay costs incurred by the ESB during an investigation.
If the ESB concludes that the respondent did not breach the Act, the complaint will be dismissed.
A party can appeal the final determination to the Employment Standards Tribunal (the “EST”) on very limited grounds, which include:
An error in the application of the relevant law;
A failure by the ESB to observe the principles of natural justice; or
New evidence has become available that was not available at the time the final determination was made.
For more information about the appeal process, see the EST’s website.
BC Civil Resolution Tribunal
Note: The Civil Resolution Tribunal (the “CRT”) sometimes changes its processes without notice. The information in this post is up to date as of October 2023 but is always subject to change. For more information, please visit the CRT website.
People or companies can file claims at the CRT for disputes that are worth up to $5,000. In employment law, cases usually relate to wrongful dismissal and severance.
The CRT is intended to be a user-friendly and cost-effective arena for non-lawyers to represent themselves in legal claims.
There are 5 major stages of a legal claim at the CRT:
Submitting and Responding to a Claim
Negotiation
Facilitation
Evidence and Arguments
CRT Final Decision
Civil Resolution Tribunal Act and Rules
Both the Civil Resolution Tribunal Act and the Civil Resolution Tribunal Rules (the “Rules”) explain what parties must do to start a legal claim or defend a legal claim. The Rules provide a step-by-step guide that explains when, how and where to start or reply to a legal claim. The Rules also set out strict deadlines for each step in the process.
Timing
How long it takes to complete a legal claim from start to finish depends on each case and type of claim. Some claims complete within six months (or sooner if there’s an early settlement). More complex legal claims can easily take two years or longer to finish.
How long it takes to complete a legal claim also depends on the availability of the applicant (the party starting a legal claim), the respondent (the party defending the claim), the lawyers of each party (if the parties are represented by lawyers) and most importantly, the CRT’s availability, and how fast a CRT member is assigned to your case.
Risks
Even the “easiest” case can be made complicated if an opposing party does not follow the CRT’s rules or instructs their lawyer to be unreasonable.
Litigation is unpredictable.
Even though there are rules and specific steps that each party must follow, you never really know what the other party is going to say in the CRT process and who the CRT member will believe.
A good outcome can never be guaranteed.
Every litigant (i.e. person or company involved in a legal case) must be ready to relive and retell their stories, over and over again. This can weigh heavily on the emotional and mental well-being of anyone involved.
Lawsuits usually settle, but there is no guarantee they will settle early or at all. Sometimes, they settle right after the claim has been filed and sometimes they settle right before submitting final evidence and submissions to a CRT member. All parties in litigation (i.e. the process of a legal claim) must be prepared – mentally, emotionally and financially – to pursue their claim or defense up until a CRT Final Decision is issued.
Pleadings
Pleadings are the formal documents that begin a claim, such as the Dispute Notice and Response.
Dispute Notice
The applicant begins the CRT process by completing and filing a Dispute Notice through the CRT portal, an online platform that helps parties in a legal claim access all information regarding the claim (the “CRT Portal”). The Dispute Notice should clearly state who the recipient is (a company, individual or society) and provide a brief explanation of what the matter is about. The amount sought must also be clearly stated on the form. It is important to remember that the total amount being sought cannot exceed $5,000.
Service of the Dispute Notice
When the CRT receives a Dispute Notice, the CRT determines if the dispute falls under their jurisdiction. If it does, the CRT will attempt to serve the Dispute Notice on the respondent. If the CRT is unable to serve the respondent, the CRT will require the applicant to serve the respondent using one of their approved methods.
Notice of Civil Resolution Tribunal Claim
If the dispute does not fall under CRT jurisdiction, a notice will be provided to the applicant informing them of the CRT’s decision.
In some cases, the Small Claims division of the BC Provincial Court (“Small Claims”) may order the CRT not to adjudicate the claim, including if:
The CRT does not have jurisdiction to adjudicate the claim, or
It is not in the interests of justice and fairness for the CRT to adjudicate the claim.
If the CRT issues a notice refusing to deal with a claim or Small Claims orders the CRT to not adjudicate the claim, a Notice of Civil Resolution Tribunal Claim (the “NCRTC”) may be filed with Small Claims. The NCRTC is similar to a Notice of Claim in Small Claims, but is used when a matter was originally started at the CRT.
All procedures relating to filing a NCRTC can be found in the Small Claims Rules under Rule 1-1. After the NCRTC is filed in Small Claims, the rules of Small Claims court apply. Please see our BC Provincial Court Procedures for more information.
Response
When the respondent receives the Dispute Notice, they can:
Pay the amount claimed and ask the applicant to withdraw the Dispute Notice;
Admit to all or part of the Dispute Notice and arrange a payment plan with the applicant;
Oppose all or part of a Dispute Notice and give reasons why the Dispute Notice is opposed; or
Make a counterclaim against the applicant.
Civil Resolution forms are available online through the CRT Portal.
Negotiation
The CRT procedures are designed to encourage an early resolution. After the pleadings stage, the CRT allows the parties to negotiate through the CRT Portal. The negotiation takes place in the “Messages” tab through a party’s CRT account. This is essentially a chatroom for participants in the process.
This stage usually lasts for a few weeks.
If a resolution is reached during this stage, the participants notify the CRT through the CRT Portal. A CRT case manager will provide the parties with a written agreement or formal order to sign.
Facilitation
If a resolution is not reached during the negotiation stage, the CRT schedules a mandatory facilitation which brings the applicant and respondent together with a case manager for settlement discussions. This process takes place by phone, email, or both.
If a settlement is reached, the CRT case manager will provide the parties with a written agreement or formal order to sign.
If a settlement is still not reached, the case will usually move forward to evidence and arguments.
Evidence and Arguments
When a case is assigned to a CRT member for a final decision a case manager will help explain the process. Be ready to prepare evidence and written and/or oral arguments.
Evidence at the CRT is usually documents that support or disprove the events described in the Dispute Notice, but can also be verbal or written statements from witnesses. All relevant evidence must be provided to the CRT even if it hurts a party’s case.
Arguments explain the parties’ version of what happened and assist a CRT member in making a final decision. In most cases the CRT member will not see any discussions from the negotiation or facilitation phase so include everything you think the CRT member should know. However, be sure to exclude any privileged information such as the amount of any settlement offers exchanged.
Final Decision
Once all evidence and arguments are provided to the CRT member, it can take at least a few weeks to receive the final decision. If the applicant is successful, a CRT member can order the respondent to:
Pay the applicant money;
Do something specific; and/or
Stop doing something specific.
After the final decision is made, the parties will receive a validated order (the “Validated Order”) and a CRT decision (together the “Order”).
Enforcing a Final Decision
If a respondent refuses to pay, an applicant can enforce the Order from the CRT by filing the Validated Order at Small Claims. Please see our BC Provincial Court Procedures for more information on the Small Claims process.
Judicial Review of a Final Decision
If either party disagrees with an Order from the CRT, they may apply for judicial review at the British Columbia Supreme Court (the “BCSC”) within 60 days of the date the Order is given (see Part 5.1 of the Civil Resolutions Tribunal Act, [SBC 2012], Chapter 25, the Administrative Tribunals Act and the Judicial Review Procedure Act for more information).
Keep in mind that a judicial review is not a re-trial or an appeal. Rather, the BCSC judge will determine whether the CRT had the authority to make the decision it made and whether the CRT exercised that authority properly.