Civil litigation in Canada is procedurally complex, and the rules differ meaningfully between British Columbia and Ontario. Understanding the basic framework can help clients navigate the process and work more effectively with their lawyers.
British Columbia
The Civil Resolution Tribunal (CRT)
The CRT handles small claims up to $5,000 and strata property disputes. It operates online and is designed for self-represented parties. Most disputes begin with a negotiation phase before proceeding to a decision by a tribunal member.
BC Small Claims Court
Claims between $5,001 and $35,000 are heard in Small Claims Court under the Small Claims Act, RSBC 1996, c 430, and the Small Claims Rules, BC Reg 261/93. Proceedings are relatively streamlined. Parties file a Notice of Claim, the defendant files a Reply, and the matter proceeds to a Settlement Conference (mandatory) and then trial if unresolved.
BC Supreme Court
Claims over $35,000 and all injunctions, declaratory relief, and complex matters proceed in BC Supreme Court under the Supreme Court Civil Rules, BC Reg 168/2009. The process involves pleadings (Notice of Civil Claim, Response, Counterclaim), discovery (document disclosure and examinations for discovery), and trial. The limitation period for most civil claims in BC is 2 years from the date of discovery under the Limitation Act, SBC 2012, c 13.
Ontario
Small Claims Court
Ontario Small Claims Court hears claims up to $35,000 under the Courts of Justice Act, RSO 1990, c C.43, and Rules of the Small Claims Court, O Reg 258/98. Parties file a Plaintiff’s Claim, the defendant files a Defence, and the matter proceeds to a Settlement Conference and then trial.
Ontario Superior Court of Justice
Claims over $35,000 proceed under the Rules of Civil Procedure, RRO 1990, Reg 194. Simplified Procedure (Rule 76) applies to claims between $35,000 and $200,000 and imposes tighter timelines and limits on discovery. Standard procedure applies to larger or more complex claims. The basic limitation period in Ontario is 2 years under the Limitations Act, 2002, SO 2002, c 24, Sched B.
Key Procedural Stages
- Pleadings — The claim and response define the issues in dispute.
- Discovery — Documentary and oral discovery are the primary tools for obtaining evidence before trial.
- Mediation — Mandatory in Toronto, Ottawa, and Essex County for most Superior Court actions in Ontario. Optional but common in BC.
- Pre-Trial Conference — A judge assists parties in narrowing issues and exploring settlement.
- Trial — Evidence is heard and judgment is rendered.
Costs
In both provinces, the successful party is generally entitled to partial indemnity costs (a portion of their legal fees) from the unsuccessful party. Costs are a significant consideration in any litigation strategy.
This article is for general informational purposes and does not constitute legal advice. Procedural rules change. Always confirm current rules with a qualified lawyer.