Before You Sue Someone in BC Small Claims Court
Taking a problem to court doesn't mean the problem can be fixed by the court. Sometimes all you can receive are damages that validate the problem occurred and seek to compensate you. The court cannot provide a time machine and the problem could remain ongoing. Before commencing an action, ask yourself whether court is the best place to seek a resolution to the issue.
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In most cases you have two years to commence your action.
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o commence an action against a company it is critical that you obtain the correct name and delivery address for the company.
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If the problem did not originate in British Columbia, then BC Small Claims court may not have jurisdiction.
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The exact amount is not always known when an action is commenced, however, the Court will expect you to prove your damages and if those damages exceed $35,000, then your action is beyond the monetary jurisdiction of BC Small Claims Court. It must be in Supreme Court.
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Some claims are better suited for the human rights tribunal or the residential tenancy branch. Actions for debt are well suited for small claims and most tort claims can be heard in small claims court. There are exceptions.
If you are having difficulty answering these questions and/or you want more assistance contact us for a free consultation.
Before you commence an action (or before you contact us) ask yourself the following: