Notice of civil claim

How BC law treats it

Under Rule 3-1 of the Supreme Court Civil Rules, BC Reg 168/2009, a plaintiff starts an action by filing a notice of civil claim (Form 1) in a BC Supreme Court registry and paying the filing fee. Part 1 states the facts, Part 2 the relief sought, and Part 3 the legal basis. It must be served on each defendant within 12 months of filing (Rule 3-2). Filing before the limitation period expires is what stops the clock, usually two years from discovery of the claim under the Limitation Act, SBC 2012, c 13. A defendant served in Canada has 21 days after service to file and serve a response to civil claim (Rule 3-3), with longer periods if served outside Canada. If no response is filed in time, the plaintiff may apply for default judgment (Rule 3-8). A defendant who has its own claim against the plaintiff files a counterclaim, and a claim against someone new is made by third party notice. "Notice of claim" is a different document. It is the form that starts a Small Claims Court action in the Provincial Court of British Columbia for claims over $5,000 up to $35,000, under the Small Claims Act, RSBC 1996, c 430 and the Small Claims Rules. Most debt and damages claims of $5,000 or less must go to the Civil Resolution Tribunal by an online dispute notice. Claims above $35,000 go to the BC Supreme Court by notice of civil claim. Some proceedings in the BC Supreme Court start by petition rather than notice of civil claim, for example many corporate and statutory applications such as an oppression petition.

What it means for your business

For a business owed money or harmed by a breach, filing the notice of civil claim on time is what preserves the claim. For a business that is sued, the 21 day response deadline is the most urgent date in the case: missing it can produce a default judgment that can be enforced against bank accounts and property. The pleading also frames the whole lawsuit, so facts and claims left out may need a later amendment. Example: A Kelowna equipment supplier owed $80,000 files a notice of civil claim in the BC Supreme Court just before the two year limitation period runs out. The buyer, served in Alberta, has 21 days to file a response to civil claim.

Risks and common mistakes

Starting a $20,000 claim in the BC Supreme Court instead of Small Claims Court, risking a costs penalty. Filing on time but failing to serve the notice of civil claim within 12 months. Ignoring a served claim while trying to settle, and letting the 21 day response deadline pass. Pleading evidence and argument instead of material facts. Naming the wrong legal entity as defendant, such as a trade name instead of the company.