Unlawful detainer summons

An unlawful detainer summons is a US court document requiring a tenant to respond to an eviction case. BC has no summons procedure for evictions. Residential possession is decided by the Residential Tenancy Branch, and commercial possession is sought from the Supreme Court of British Columbia, usually by petition under the Commercial Tenancy Act.

How BC law treats it

BC civil proceedings begin with a notice of civil claim or a petition, and the Provincial Court does not grant possession of residential premises. Residential evictions proceed by notice to end tenancy and an order of possession from the Residential Tenancy Branch under the Residential Tenancy Act, SBC 2002, c 78, enforced by a writ of possession from the Supreme Court of British Columbia. A commercial landlord recovers possession by re-entry under the lease, subject to relief from forfeiture, or by applying to the Supreme Court against an overholding tenant under the Commercial Tenancy Act, RSBC 1996, c 57.

What it means for your business

Commercial landlords should expect a court application, not a summons process, if a tenant refuses to leave.

Risks and common mistakes

Relying on US style procedures can result in an invalid proceeding and lost time while the tenant remains in possession.

For the full explanation, see our entry on Overholding tenant.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.