Solutions

Civil Litigation in British Columbia

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Disputes can arise in business, real estate transactions, contracts, partnerships, or personal matters. While many conflicts can be resolved through negotiation, some require formal legal action. Civil litigation provides a structured legal process to resolve disputes and enforce legal rights.

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Where Is a Civil Claim Filed in British Columbia?

The appropriate forum depends on the type of dispute and the monetary value of the claim.​

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Small Claims Court (Provincial Court of BC)

Small Claims Court generally handles claims between $5,001 and $35,000, including:

• Unpaid invoices and debt claims

• Breach of contract matters

• Property damage claims

• Certain landlord-tenant disputes 

Although the procedure is more streamlined than in the Supreme Court, proper legal strategy remains critical.

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Supreme Court of British Columbia

The Supreme Court of BC hears:

• Claims exceeding $35,000

• Complex commercial disputes

• Real estate and construction litigation

• Shareholder and partnership disputes

• Applications for injunctions and other equitable remedies

The Supreme Court has broad jurisdiction and procedural authority, including the power to grant urgent and equitable relief.

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The Civil Litigation Process in BC

Every dispute requires careful legal analysis and strategic planning. While procedures vary depending on the forum, civil litigation in British Columbia typically involves:

1. Case Assessment and Strategy

• Identifying the legal issues

• Reviewing relevant documents and evidence

• Assessing strengths, weaknesses, and risks

• Confirming limitation periods 

2. Commencing or Responding to a Claim

• Drafting and filing pleadings

• Ensuring procedural compliance

• Proper service of court documents

3. Evidence and Disclosure

• Document production

• Examinations for discovery 

• Witness preparation

• Expert evidence where required

4. Interim Applications

Where appropriate, applications may be brought for:

• Injunctions

• Preservation of property or assets

• Procedural directions

5. Settlement and Alternative Dispute Resolution

Not every case proceeds to trial. Disputes may be resolved through:

• Negotiation

• Mediation

• Judicial settlement conferences

• Arbitration (where applicable)

Strategic settlement efforts can significantly reduce cost exposure and time.

6. Trial and Enforcement

If a matter proceeds to trial, the court will issue a decision. Successful parties may then enforce judgments through available legal mechanisms, including garnishment or asset seizure, and may consider appeal options where appropriate.

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Civil Litigation Services

Representation is provided in both the Supreme Court of British Columbia and Small Claims Court. Services include:

 - Contract Disputes such as breach of written or oral agreements, commercial contracts, service agreements, and purchase and sale disputes.  

- Commercial Litigation including shareholder disputes, partnership breakdowns, breach of fiduciary duty, and business torts.

- Tort Disputes such as negligence claims, misrepresentation, defamation, interference with contractual relations, nuisance, and other civil wrongs resulting in financial or reputational harm.

- Debt Collection and Judgment Enforcement including strategic recovery of outstanding debts and enforcement of court judgments.

- Injunctions and Urgent Applications such as applications to restrain wrongful conduct, preserve assets, or compel compliance.   

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Contact

If you are involved in a dispute or considering commencing a claim in British Columbia, early legal advice is critical. For civil litigation inquiries in BC, please reach the firm at mail@atasoylaw.ca

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Disclaimer

The information on this page is provided for general informational and introductory purposes only and does not constitute legal advice. Civil litigation issues are fact-specific, and the application of the law may vary depending on individual circumstances. Reading this page does not create a lawyer-client relationship. You should obtain legal advice from a qualified lawyer before taking or refraining from any action based on the information provided.