Civil litigation is the process by which private parties resolve disputes through the courts. The court you file in depends on the amount at issue.
Which Court?
In BC: the Civil Resolution Tribunal handles claims up to $5,000 (and some strata and motor vehicle claims); BC Provincial Court (Small Claims) handles $5,001–$35,000; BC Supreme Court handles claims over $35,000 and complex matters, governed by the Supreme Court Civil Rules (BC Reg 168/2009). In Ontario: Small Claims Court handles up to $35,000; the Superior Court of Justice handles larger claims.
Key Steps
Pleadings establish the claim and defence. Discovery involves exchanging documents and examining witnesses under oath. A pre-trial conference identifies issues and explores settlement. Trial follows if no settlement is reached.
Limitation Periods
Both BC and Ontario impose a two-year basic limitation period from the date a claim is discovered, under their respective Limitation Acts. Missing this deadline typically bars the claim entirely.