Steps in the Civil Litigation Process in British Columbia
Understanding the Civil Litigation Process in British Columbia
Civil litigation is the legal process used to resolve disputes between individuals, businesses, or other entities that do not involve criminal charges. Common civil cases include contract disputes, property claims, personal injury, and employment matters. In British Columbia, these disputes are governed by the Supreme Court Civil Rules and follow a series of structured steps that help parties move toward a resolution, either through settlement or trial.
A good lawyer will assess the strengths of your case, help manage timelines and costs, and guide you in choosing the most effective strategy, whether that involves settlement, mediation, or going to trial. Lawyers also ensure strict compliance with BC’s procedural rules. Missing a filing deadline or failing to follow disclosure requirements can seriously damage your case.
Whether you are considering legal action or have been served with a claim, understanding the litigation process can help you prepare, protect your rights, and make informed decisions.
Step 1: Filing a Notice of Civil Claim
Civil litigation begins when the plaintiff (the person bringing the lawsuit) files a Notice of Civil Claim with the BC Supreme Court. This document sets out the plaintiff’s version of the facts, the legal basis for the claim, and what remedy is being sought—such as monetary compensation or a court order.
The claim must be properly served on the defendant (the party being sued), who then has 21 days to file a Response to Civil Claim if they were served in British Columbia. The defendant may also file a counterclaim against the plaintiff or bring in other parties through a third party notice. These initial documents set the foundation for the issues the court will later address.
Step 2: Exchange of Documents and Discovery
Once the initial pleadings are complete, the litigation enters the discovery phase, which is designed to ensure transparency and fair disclosure of evidence between parties.
- Document Discovery: Each party must provide the other with a list of all relevant documents that are or were in their possession or control. This includes emails, contracts, photographs, invoices, and any other evidence that relates to the case.
- Examinations for Discovery: This is a formal process where each party has the opportunity to question the other party (or a representative) under oath. These sessions are recorded and used to clarify facts, assess credibility, and narrow the legal issues before trial.
Discovery is often one of the longest phases of litigation, but it is crucial in determining whether a case should proceed to trial or can be resolved through settlement.
Step 3: Pre-Trial Motions and Interlocutory Applications
During the litigation process, either party may bring interlocutory applications, or requests for the court to make rulings on legal or procedural matters before trial. These applications can include:
- A motion to strike all or part of a claim
- A motion to compel disclosure of documents
- An application for summary judgment (where the court decides the case without trial if there’s no genuine issue to be tried)
Courts may also schedule Judicial Case Conferences (JCCs) to help manage the case and encourage resolution. A JCC is a confidential meeting with a judge who assists the parties in clarifying the issues and exploring settlement options.
Step 4: Settlement Discussions and Mediation
A significant portion of civil disputes in BC are resolved before reaching trial. Settlement discussions can happen informally between lawyers, during a Judicial Case Conference, or through formal mediation.
- Mediation is a voluntary, confidential process in which a neutral third party helps the disputing parties reach a resolution. It can take place at any stage of the litigation process, though it is often most effective after discovery.
Settling early can reduce legal costs, stress, and uncertainty. If a settlement is reached, the terms are written into a formal agreement or consent order, and the court action may be discontinued.
Step 5: Trial in the Supreme Court of BC
If no settlement is reached, the matter proceeds to trial. Civil trials in British Columbia are typically conducted by a judge alone, though in some rare cases, a jury may be involved.
At trial, each party presents their case through:
- Opening statements
- Examination and cross-examination of witnesses
- Presentation of documents and expert reports
- Closing arguments
After considering all the evidence and legal submissions, the judge delivers a decision (called a judgment) which determines the outcome of the case. The judge may order payment of damages, an injunction, or another remedy.
Step 6: Post-Trial Options and Enforcement
After a judgment is issued, either party may have further legal steps to take.
- Appeals: If a party believes the court made a legal or procedural error, they may appeal the decision to a higher court. Appeals are time-sensitive and usually require leave (permission) to proceed.
- Enforcement: If the losing party does not comply with the judgment, the successful party can take steps to enforce it. This may include registering the judgment against the debtor’s property, garnishing wages, or seizing assets.
How Long Does Civil Litigation Take in BC?
Litigation timelines in British Columbia vary significantly depending on the complexity of the case, the number of parties involved, and the court’s schedule. Straightforward cases can be resolved in under a year, especially if settled early, while more complex matters may take two to three years or longer to reach trial.
Parties should be prepared for delays and procedural requirements. Early planning and legal guidance can help streamline the process and manage expectations.
Can I Sue Without a Lawyer?
While individuals can represent themselves in civil court, the process is often complex and difficult to navigate without legal training. Self-represented litigants are held to the same procedural and evidentiary standards as lawyers, and any mistakes in how a claim is filed, defended, or argued could result in delays, dismissal, or loss of rights.
If the financial or legal consequences of your dispute are significant, working with a civil litigation lawyer can help protect your interests and avoid costly errors.
Final Thoughts: Be Informed and Prepared
Civil litigation is not always quick or straightforward. Understanding the process, timelines, and legal responsibilities involved can help you make informed decisions from the beginning. Whether you are pursuing a claim or defending one, seeking early legal advice is the best way to protect your rights and achieve the best possible outcome.
Legalbird offers clear, client-focused guidance for individuals and businesses involved in civil disputes across British Columbia. We offer a 30-minute free case evaluation with you first consultation. Get in touch now!