Civil litigation

Civil litigation is resolving a private dispute through a court or tribunal. In British Columbia it usually begins with a notice of civil claim in the BC Supreme Court, a notice of claim in Provincial Court small claims, or a Civil Resolution Tribunal claim, followed by document disclosure, settlement efforts and trial. The basic limitation period is two years.

How BC law treats it

BC has three main forums for civil claims. The Civil Resolution Tribunal decides small claims up to $5,000 and certain other matters under the Civil Resolution Tribunal Act, SBC 2012, c 25. Provincial Court small claims handles claims up to $35,000 under the Small Claims Act, RSBC 1996, c 430. The BC Supreme Court hears claims of any amount, plus injunctions, declarations and most corporate and real property disputes, under the Supreme Court Civil Rules, BC Reg 168/2009. In the BC Supreme Court, a plaintiff files a notice of civil claim and serves it on each defendant. A defendant served in BC generally has 21 days to file a response to civil claim, and may add a counterclaim. Each party must then list and produce relevant documents under Rule 7-1, and each party can conduct an examination for discovery of the other under oath. Many cases settle at mediation or after offers to settle that carry costs consequences. Cases that do not settle go to a summary trial or a full trial. Costs are usually awarded to the successful party on a tariff that covers only part of actual legal fees. Under the Limitation Act, SBC 2012, c 13, most claims must be started within two years after the claim is discovered (s. 6), subject to an ultimate limit of 15 years (s. 21). Appeals from the BC Supreme Court go to the Court of Appeal for British Columbia. A judgment is enforced by garnishment, seizure and sale, or registration against land, under statutes including the Court Order Enforcement Act, RSBC 1996, c 78.

What it means for your business

Litigation is slow and expensive, and even a winner usually recovers only part of its legal fees. For a business, the key decisions are made early: preserving documents, starting before the limitation period expires, choosing the right forum, and assessing whether the other side can pay a judgment. Clear contracts with dispute resolution clauses, good records and early settlement offers reduce cost and risk. Example: A Coquitlam supplier is owed $60,000 by a customer. Because the claim exceeds the $35,000 small claims limit, it files a notice of civil claim in the BC Supreme Court and later uses a formal offer to settle to pressure resolution.

Risks and common mistakes

Waiting too long and losing the claim under the two year limitation period. Deleting emails or other records after a dispute arises, which breaches the duty to preserve documents. Suing a party who cannot pay a judgment without first checking assets and security. Ignoring an arbitration clause and starting in court, inviting a stay of the action. Missing the deadline to file a response to civil claim and facing a default judgment.

Key authorities

Frequently asked questions

How long do I have to sue someone in BC?

For most claims, two years from the day you discovered the claim, under the Limitation Act. There is also an ultimate limit of 15 years. Some claims have different periods, so check your deadline as soon as a dispute arises.

Which court do I sue in for a business debt in BC?

Claims up to $5,000 go to the Civil Resolution Tribunal, claims up to $35,000 to Provincial Court small claims, and larger claims to the BC Supreme Court. A contract may also require arbitration instead of court.

Starting or defending a lawsuit in BC? Talk to a Fulcrum litigation lawyer.