Overview of the Civil Litigation Process

This guidebook gives you an overview of the different For example, the Federal Court can hear cases about
levels of courts in BC, as well as an overview of the disputes between provinces and territories, taxation
civil litigation process. You should also read the issues, or cases involving federal Crown corporations
guidebook, Alternatives to Going to Court, because it (e.g., the Post Office).
may be possible for you to resolve your legal dispute
without going to court. Appeals from the Federal Court go to the Federal
Court of Appeal, then to the Supreme Court of
Canada.
Courts in British Columbia
The court system in British Columbia has three The Supreme Court of Canada, located in Ottawa,
levels: is the highest-level court in Canada. It hears appeals
from every court of appeal in the provinces and
Provincial Court: The lower level trial court, territories across Canada, the Federal Court of
which deals with Small Claims up to $35,000, Appeal, and the Court Martial Appeal Court. There
family, youth criminal offenders, criminal, and is no appeal from a decision made by the Supreme
traffic matters. Court of Canada.
Supreme Court: The higher level trial court. General information about the BC Supreme
The Supreme Court also hears appeals from the
Provincial Court, and sometimes reviews the
Court
decisions of certain provincial tribunals and public There are currently about 100 judges of the BC
Supreme Court. Several judges hear cases each
decision-making bodies.
working day in Vancouver, Victoria, and New
Court of Appeal: The province’s highest court. Westminster. They also sit regularly in other centers
This court hears appeals from the Supreme Court. throughout the province, as required. Over 70,000
Appeals from the BC Court of Appeal go to the documents are filed in the Supreme Court of British
Supreme Court of Canada. Columbia every year.

The Federal Court system is separate from the

provincial court system. Federal courts can only hear
cases that are specified in legislation.
This Guidebook provides general information about civil, non-family claims in the Supreme Court of
BC. It does not explain the law. Legal advice must come from a lawyer, who can tell you why you
should do something in your lawsuit or whether you should take certain actions. Anyone else, such as
court registry staff, non-lawyer advocates, other helpers, and this guidebook can only give you legal
information about how to do something, such as following certain court procedures.

Standards are in effect for the filing of all Supreme Court civil and Supreme Court family documents,
except divorce and probate. When you submit your completed documents, registry staff will check to
make sure they meet the minimum standards before accepting them for filing. It is your responsibility
to include all other information required by the court and ensure it is correct.

For information about how to get help with your case, see the last page of this document.

Guidebooks for Representing Yourself in Supreme Court Civil Matters Overview of the Civil Litigation Process • 1
Because of the number of filings in the system, the A good resource for legal information is Clicklaw
registry and the courts are very busy and you may at www.clicklaw.bc.ca and it also has resources for
find that things may not move as quickly as you finding a lawyer who can help you.
expect. This is simply a result of the number of cases
passing through the system. It is important to remember that the court cannot
resolve all disputes. The law determines whether a
You can find a complete and current list of the claim you believe you have against another party is
Justices of the Supreme Court of British Columbia one that can properly be brought to the court for
on the court website at: www.courts.gov.bc.ca. resolution.

Right now, there are currently 13 Masters of the The law can be complicated and for that reason, it
Supreme Court. Masters hear most chambers is a good idea to consult with a lawyer about what
applications (see the guidebook on Applications to law applies to your case. This could save you time
Court for more information about these procedures), and energy and will help to ensure that your case is
but they cannot give a judgment that finally resolves presented in the most efficient way. Lawyers have
a case. If you intend to make a chambers application, spent years researching the law and can tell you
you are more likely to appear before a master than a where you can find the law that applies to your case.
judge.
Statutes
Court registries Statutes (which often have “Act”in the title – such as
There are court registries in courthouses all over the the Family Relations Act) are brought into law by the
province, from Abbotsford to Fort St. John. Each Parliament of Canada and the Provincial Legislature.
court registry maintains its own files for each action They give a general framework for the law in a
begun in that registry. They are the official record specific topic area (for example, motor vehicle
keepers of pleadings and all other documents that insurance or retirement homes).
are filed in relation to each case. Their staff also
reviews documents to ensure that they are in the You can find copies of the federal or provincial
correct form before accepting them for filing. For the statutes at most public libraries. The quickest way to
court registry nearest you, check the court’s website find them is at a website called BC Laws at
at www.courts.gov.bc.ca. www.bclaws.ca.

The statutes on this website may not be up to date

The Law (check the date noted on the website), so you may
Generally speaking, there are three broad sources of need to check with a librarian at the courthouse
law that you must consider when deciding whether library or website at www.CourthouseLibrary.ca You
to start a lawsuit. Together they govern the litigation can also find statutes and regulations on its website.
process. They are:
Regulations
• statutes (also called legislation or Acts), which Regulations usually set out practical information
set out the basic laws; or procedures relating to particular statutes.
• regulations, which provide more details; and They provide specific instructions about the
• case law, which interprets legislation. implementation of the statute and tend to change
more often than the statute itself.
In addition, there are rules of court, which are a type
of regulation. They govern the litigation process.

2 • Overview of the Civil Litigation Process Guidebooks for Representing Yourself in Supreme Court Civil Matters
Case law Rules of Court
It is crucial to understand the case law that relates The Rules of Court govern the conduct of litigation
to your case. Our court system works by making in the Supreme Court. They are a road map for
decisions that are based on decisions made in earlier steering your case through trial and beyond. The
cases – precedent – and because of this, you will Rules are very important because they provide
need to understand those cases similar to yours that guidelines for each step in the litigation process and
the court has already decided. also set time limits for when certain steps must be
completed. You can find answers to many of your
Reviewing case law is complicated and time- questions about the litigation process by referring
consuming. There may be hundreds (or even to the Rules.
thousands) of cases that seem similar to yours and
you may have trouble knowing which cases you A complete and current list of the Rules can be
should refer to in court. It is a good idea to consult a found at the court website at www.courts.gov.bc.ca.
lawyer about the law that applies to your case. This Once you are on the Supreme Court page, click on
will give you a good starting point. Quick Links, then on Legislation and Court Rules.
Regulations deal with matters like court fees and
It is important to keep in mind that British interest rates.
Columbia Supreme Court judges and masters
must follow the law as set out in cases that have The court rules also set out the fees payable to the
been decided by higher courts, meaning the British Crown (on behalf of the court), to the sheriff, and
Columbia Court of Appeal and the Supreme Court to witnesses. These are contained in Appendix C
of Canada. Although a judge in the British Columbia of the Rules of Court. You can find it with all the
Supreme Court is not strictly bound to follow cases other Rules at the court website.
decided by other judges in the same court, a case
with similar facts from the same court will usually Appendix C sets out the court fees payable:
be persuasive because it benefits everyone to have
consistent decisions from the court on the same • To the court registry for:
point of law. o filing documents

o scheduling a trial date

Decisions made by trial or appeal courts in other o copying court documents

provinces will generally not be helpful unless the o renting rooms for examinations for discovery

courts in British Columbia have not made a decision

on the point of law which is relevant to your case. • To witnesses for:
If you are researching case law for your own case, o a daily witness fee

the best place to start is at your courthouse library. o travel

The library contains summaries of cases going back o allowances

hundreds of years, and also has access to numerous o preparation

online summaries of more current cases. Courthouse

library staff is trained in research and can help you • To the sheriff for:
with the practical aspects of your search, although o service of documents

only a lawyer can give you legal advice. o searches

o various other services

Guidebooks for Representing Yourself in Supreme Court Civil Matters Overview of the Civil Litigation Process • 3
These fees change from time to time, so you should referred to by any of these terms. In a civil case
check with the court registry, at the courthouse that goes to trial, proof is based on a balance of
library or on the court website for the current fees probabilities. This means that a judge only needs to
payable in each case. be convinced that it is more probable than not that
one side is right.
Court Forms Judgment is then given in favour of one party. When
Documents called pleadings must be filed with the the case has concluded, costs may be awarded to the
successful party to cover part of their expenses in
court to start and respond to a lawsuit. Special forms
coming to court (called “costs”). The guidebook on
are required to take certain steps in your action.
Costs in the Supreme Court covers this topic in more
These forms are attached to each guidebook in this
detail.
series. These forms are required by the Rules of
Court – Appendix A and must be prepared in that
format. The forms are updated regularly. You can The litigation process
find them at the links provided at the end of this
guidebook. The more you know and understand about the
litigation process, the fewer difficulties you will have.
What is litigation? Knowledge will also help you anticipate, prepare for
and deal with:
Going to court is sometimes referred to as litigation.
• the cost of the proceeding;
Litigation is the process of bringing disputes to
• the length of time it might take to get a final
court to have them resolved by a judge on the basis
resolution;
of evidence presented by those involved in the
• the complicated and personal questions you
dispute. Litigation can be criminal or civil, but this
might have to ask or answer;
series of guidebooks deals only with civil litigation,
not including family law disputes. For family law • the amount of time and money it takes
disputes, see information on the Legal Services to prepare for all aspects of litigation, but
Society’s website at www.familylaw.lss.bc.ca. especially:
o starting a case

o document discovery
Any party, including individuals, limited companies,
o examination for discovery
partnerships, or other legal entities can be involved
o chambers applications, if necessary
in civil litigation. Civil litigation deals with torts
o trial
(the legal term for a civil wrong, injury or harm),
o getting your judgment paid.
contractual and other disputes or claims under the
law.
Many of these topics are dealt with more fully in
A civil litigation case can be called: the other guidebooks in this series. You may want
• an action to read each of the guidebooks before starting a
• a matter proceeding so that you have a good overview of the
• a lawsuit process before you decide to begin.
• a proceeding
• a case.

While all these terms are not entirely

interchangeable, you may hear or see your case

4 • Overview of the Civil Litigation Process Guidebooks for Representing Yourself in Supreme Court Civil Matters
Most cases are started with a notice of civil claim, but short time – can save you time, money and difficulties
some types of cases must be started with a document in the long run. A lawyer can also put your problem
called a petition. You must use the correct document into perspective by giving you neutral, objective
to start your legal action. You do not have a choice advice, something that is very important in litigation.
about how to start your lawsuit – the Supreme Court
Rules dictate the correct procedure. If in doubt, you The following may be helpful to see, in short form,
should get legal advice to answer this key question. how things might take place as your case progresses.
Not all steps will be needed in all litigation, but this
In very general terms, cases relating to wills and estate list gives general details of what is likely to happen in
matters, interest in land, or the property of people most cases.
under a disability (such as infants) are started with a
petition. It is very important to read the full text of Actions commenced by notice of civil claim
Rule 2-1 to understand the particular cases that must 1. Decide whether to bring an action in the
be commenced by petition. All other cases are started Provincial Court (small claims division) or
by filing a notice of civil claim, and are called “actions”. the Supreme Court (see guidebook, Choosing
Small Claims or Fast Track Litigation).
A notice of civil claim and a petition are documents
that notify both the court and the people you are 2. Plaintiff starts the action by filing and serving
suing that you have started a court proceeding. These a notice of civil claim (see guidebook, Starting
documents, as well as the documents that are filed an Action by Notice of Civil Claim).
in response to them, are called pleadings. For more
complete information about starting a case, see the 3. Defendant files and serves a response (see
guidebook called, Starting an Action by Notice of Civil guidebook, Defending an Action Started by
Claim. Notice of Civil Claim).

In general, people who start a lawsuit are called: 4. Defendant files and delivers a counterclaim or
third party claim, if applicable (see guidebook,
• a plaintiff (if the action is started by a notice of Defending an Action Started by Notice of Civil
civil claim); or Claim).
• a petitioner (if the action is started by a
petition). 5. If required, plaintiff files and delivers a
response to the counterclaim.
People who defend a lawsuit are called:
6. If required, third party files and serves a
• a defendant (if the action was started by notice response.
of civil claim); or
7. Plaintiff or defendant decides whether to
• a petition respondent (if the action was started
proceed by fast track litigation (see guidebook,
by a petition).
Fast Track Litigation).
You will find it helpful to consult a lawyer before 8. Plaintiff and defendant start discovery
you begin any litigation. A lawyer can give you process (discovery of documents;
information and assistance with every stage of the examinations for discovery; interrogatories)
litigation whether you are suing or being sued. This (see guidebook, The Discovery Process).
is true even if you decide to do most of the work
yourself. Consulting a lawyer – even if only for a

Guidebooks for Representing Yourself in Supreme Court Civil Matters Overview of the Civil Litigation Process • 5
 9. Plaintiff and defendant may need to make by Petition).
pre-trial applications in chambers to obtain
directions or assistance from the court (see 6. Petitioner and respondent attend the court
guidebook, Applications to Court). hearing and receive judgment and award of
costs (see guidebook, Costs in the Supreme
10. Plaintiff and defendant consider resolving Court).
case without going to trial (see guidebook,
Resolving Your Case Before Trial). 7. Petitioner or respondent (winning party)
prepares and files court order (see guidebook,
11. Plaintiff and defendant prepare for trial by Drafting Court Orders).
setting trial date; considering expert opinions;
preparing documents for trial (see guidebook, 8. Petitioner or respondent enforces judgment
Trials in the Supreme Court). (see guidebook, Enforcing Court Orders).

12. Plaintiff and defendant attend the trial and Settlement

receive judgment and award of costs (see
guidebook, Costs in the Supreme Court). One important step, which is not mentioned in
the steps above, is settlement of your case. It is not
13. Plaintiff or defendant (winning party) mentioned as part of the steps because the court
prepares and files court order (see guidebook, is not generally involved in settling cases although
Drafting Court Orders). there are certain rules, which can be used to seek the
assistance of the court in settling a matter.
14. Plaintiff or defendant enforces judgment (see
guidebook, Enforcing Court Orders).
Settlement can happen at any time – before a lawsuit
has been started, or after the proceedings have begun.
Proceedings commenced by petition
A settlement is based on an agreement between the
1. Petitioner prepares and serves petition and
parties to the lawsuit. Fewer than 3% of cases that are
supporting affidavits (see guidebook, Starting
filed with the court actually proceed all the way to the
a Proceeding by Petition).
trial stage because most cases settle without going to
2. Respondent prepares and delivers response trial. Be sure to read the guidebook called, Resolving
to petition, with supporting affidavits (see Your Case Before Trial, to find out how you can settle
guidebook, Defending a Proceeding Started by your lawsuit before going to trial.
Petition).
Fast track litigation
3. Proceedings follow the rules for chambers
applications (see guidebook, Applications to Litigation can be expensive and take a long time to
Court). complete. However, there are ways to shorten the
process. Fast track litigation is a shortened form
4. Petitioner obtains a date for hearing the of litigation you may want to use if your case was
petition in court (see guidebook, Starting a started by a notice of civil claim. It only applies to
Proceeding by Petition). actions where the parties consent to the process,
where the amount claimed is $100,000 or less, or
5. Petitioner and respondent prepare for where the trial will take three days or less to be heard.
hearing in court (chambers) (see guidebooks,
Applications to Court and Starting a Proceeding

6 • Overview of the Civil Litigation Process Guidebooks for Representing Yourself in Supreme Court Civil Matters
Many of the steps you will take if you proceed by • Always be polite. If someone is saying
fast track litigation will be the same as in a regular something you think is wrong, wait until they
lawsuit, but every step is condensed and shortened to finish speaking before you make your point.
save you time and money.
• Be prepared. You will make a better impression
You can find more information about this procedure if you come to court with your position
in the guidebook, Fast Track Litigation. prepared and organized. Make a checklist of all
the things you need to take with you and all the
things you will need to tell the judge or master.
Appearing in Court
• Use a formal style when addressing everyone,
Court is a formal and serious setting. Make sure whether in writing or in person. No one is ever
that you do everything possible to make a good offended because you call him or her by his
impression when you appear in the courtroom. Here or her formal title; but some people might be
are some tips to help you: offended if you are too casual. Refer to other
parties and witnesses as “Mr. X” or“Mrs./Ms.
• Dress in a professional and conservative way. Y”,rather than by their first names, even if you
know them very well.
• Be on time. A great many people will be waiting
to get started and you don’t want to make a bad • When a judge or master enters or leaves the
impression by keeping them waiting. The hours courtroom, a court clerk will say,“Order in
of the BC Supreme Court are from 10:00 a.m. court.” At that time, you should stand.
– 12:30 p.m., and then from 2:00 p.m. – 4:00
p.m. Sometimes an ongoing proceeding will • When the judge or master gives his or her
begin earlier or run later if more time is needed. decision, take notes to ensure that you
The court clerk concludes the day by saying understand the result. If you need to have
what time and on what date the proceeding will something clarified, ask for clarification right
continue. away, while all the parties are still in the
courtroom.
• Use professional language. Don’t use slang or
swear words. Follow the guidelines below when The ways to address members and staff of the court
speaking to a judge or a master. are set out below. Although they may seem awkward,
addressing a judge or a master correctly will help you
• Don’t chew gum or bring food or drinks into present your case in court. Because this guidebook
the courtroom. deals only with the Supreme Court of British
Columbia, only members and staff of the Supreme
• Turn off your cell phone and other electronic
Court are mentioned.
devices.

• Address your remarks to the judge or master, The Chief Justice of the Supreme Court:
not to the lawyer on the other side. • In writing, refer to the Chief Justice as “The
Honourable Chief Justice ”, followed by his
• Speak up. Courtrooms can be noisy and it is or her last name (e.g., The Honourable Chief
important that the judge or master hear you Justice Bauman).
clearly. You might also need to remind your
witnesses to speak loudly so they can be heard. • In court, address the Chief Justice as “My Lord”
or“My Lady.”

Guidebooks for Representing Yourself in Supreme Court Civil Matters Overview of the Civil Litigation Process • 7
 • On a written court order, the correct term is
“The Honourable The Chief Justice.”

Supreme Court Judges:

• In writing, refer to a male judge of the Supreme
Court as “The Honourable Mr. Justice ”,
followed by his last name (e.g. The Honourable
Mr. Justice Brown).

• In court, address a male judge as “My Lord.”

• On a written court order, the correct term is

“The Honourable Mr. Justice ” , followed by
his last name (e.g., The Honourable Mr. Justice
Brown).

• In writing, refer to a female judge as “The

Honourable Madam Justice ”, followed by
her last name (e.g., The Honourable Madam
Justice White).

• In court, address a female judge as “My Lady.”

• On a written order, the correct term is “The

Honourable Madam Justice ”, followed by
her last name (e.g., The Honourable Madam
Justice Brown).

Masters:
• In writing, refer to master as “Master ”,
followed by his or her last name (e.g., Master
White).

• In court, address a master as,“Your Honour.”

Registrars:
• In court, refer to the Registrar as “Mr.
Registrar”, or “Madam Registrar.”

Court Clerks:
• In court, refer to a court clerk as “Mr. Registrar”,
or“Madam Registrar.”

8 • Overview of the Civil Litigation Process Guidebooks for Representing Yourself in Supreme Court Civil Matters
Get Help With Your Case
Before you start your claim, you should think about resolving your case without going to court (see the
guidebook, Alternatives to Going to Court). If you do not have a lawyer, you will have to learn about the court
system, the law that relates to your case, what you and the other side need to prove, and the possible legal
arguments for your case. You will also need to know about the court rules and the court forms that must be
used when you bring a dispute to court.
Legal Information Online Legal advice
All Guidebooks for Representing Yourself in BC You may be eligible for free (pro bono) legal advice.
Supreme Court Civil Matters, along with additional Access ProBono Society of BC’s website gives
information, videos and resources for Supreme you information about the legal assistance that is
Court family and civil cases are available on the available to you: www.AccessProBono.ca.
Justice Education Society website:
www.SupremeCourtBC.ca. Legislation
BC Legislation (statutes), regulations, and Rules of
Clicklaw gives you information about many areas Court can be found at: www.BCLaws.ca.
of law and free services to help you solve your legal
problems: www.Clicklaw.bc.ca. Court rules and forms
Supreme Court forms can be completed in 3 ways:
The Supreme Court of BC’s website has information 1. Completed online and filed at:
for people who are representing themselves in court: https://justice.gov.bc.ca/cso/index.do
http://www.courts.gov.bc.ca/supreme_court/sel 2. Completed online, printed and filed at the registry
f-represented_litigants/ 3. Printed, completed manually and filed at
the registry
Legal information services Court forms that can be completed online are
The Vancouver Justice Access Centre’s, Self-help available at: http://www.supremecourtbc.ca/supreme-
and Information Services includes legal information, court-civil-forms
education and referral services for Supreme Court Printable court forms are available at:
family and civil cases. It is located at 290 - 800 http://www.supremecourtbc.ca/supreme-court-civil-forms
Hornby Street in Vancouver (open Monday to Common legal terms
Friday): www.SupremeCourtSelfHelp.bc.ca. You can find out the meaning of legal terms at:
www.SupremeCourtBC.ca/glossary
For information about other Justice Access Centre
services in Vancouver and Nanaimo, see: Family law
http://www2.gov.bc.ca/gov/content/justice/about-bcs- For information about family law claims, see:
justice-system/jac www.FamilyLaw.LSS.bc.ca.

This guidebook is part of a series:

Guidebooks for Representing Yourself in Supreme Court Civil Matters.
Produced by: www.JusticeEducation.ca Funded by: www.LawFoundationBC.org

© July 2010. Justice Education Society of BC ISBN 978-0-9866689-6-8

The Society acknowledges the contributions of the Ministry of Attorney General.

Guidebooks for Representing Yourself in Supreme Court Civil Matters Overview of the Civil Litigation Process • 9