Law 12
MUNDY 2008
Civil Trials – Introduction
 Civil lawsuit involves disputes between two
individuals, groups or corporations/organizations
called = PARTIES
 Party suing = PLAINTIFF
 Party being sued = DEFENDANT
 If group of people are separately harmed by
defendant’s actions, they may sue together in one case
called a CLASS ACTION LAWSUIT
 Process of suing = LITIGATION
Civil Trials - Introduction
 Civil cases consider following disputes:
 Torts
 Contracts
 Divorce
 Custody
 Division of property
Civil Trials - Introduction
 Unlike criminal trials which examine guilt based on
“beyond a reasonable doubt”, civil trials present case to
find guilt based on “balance of probabilities”
 “balance of probabilities” means that judge or jury
determines guilt based on whose version of events is
more credible (more likely to happen)
Minors and Civil Actions
 Minors (under 18) cannot sue nor be sued directly.
 Thus, minor must have a representative called a NEXT
FRIEND who will take civil case to court on minor’s
behalf
 As well, if minor is sued, court will appoint an adult,
usually parent, to act as LITIGATION GUARDIAN
(guardian ad litem)
Civil Procedure in Small Claims
 If person wishes to seek civil litigation (sue), he/she
must find if there is “CAUSE FOR ACTION,”
 = meaning if there is a reason to seek compensation
that would be accepted by the courts
 Courts will recommend that parties attempt to solve
their own dispute through alternative dispute
resolution methods (negotiation, mediation, etc.) first
before bringing case before courts
Small Claims Court - Summons
 A NOTICE OF CLAIM is a document filed by the
plaintiff that includes:
 Defendant’s full name and address
 Reasons why plaintiff is suing
 Amount he/she is claiming
 Plaintiff is charged a small fee for filing a notice of
claim for case, but can add costs to amount of claim
 Becomes a SUMMONS delivered to defendant
Small Claims Court - Summons
 Although sheriffs or bailiffs deliver summons to
defendants, nowadays the plaintiff is responsible for
delivery
 Upon receipt of summons, defendant has options:
 Agree to pay full amount
 Pay partial amount (plaintiff chooses whether to accept)
 Prepares STATEMENT OF DEFENCE
 Make a COUNTERCLAIM
 Seek a THIRD PARTY CLAIM
 No response – DEFAULT JUDGEMENT
Small Claims – Payment into Court
 If defendant decides to pay partial costs, he/she will
pay the amount to the Small Claims Court office
 Court will notify plaintiff who can either accept
payment and drop balance of claim OR
 Plaintiff will continue to sue to obtain balance of claim
Small Claims - Defence
 If defendant refutes claim (feels he/she does not owe
anything to plaintiff), defendant will prepare a
STATEMENT OF DEFENCE
 This document outlines reasons for disagreeing with
claim
 Must be filed within 14 days of receiving summons
Small Claims - Counterclaim
 If defendant, upon receipt of summons, believes that
plaintiff is actually at fault, will file a
COUNTERCLAIM
 This document must be related to situation outlined in
original claim out of which dispute originates
 Similar to SUMMONS, a counterclaim must detail
reasons for, along with amount suing for
Small Claims –
rd
3
Party Claim
 Another option is for defendant to include a THIRD
PARTY (a party allegedly involved in dispute that has
not been listed as defendant already by plaintiff)
 Defendant brings in third party in event that he/she
believes that dispute was caused by such party either
partially or fully
 Once listed, third party will be included in dispute
when it goes to court
Small Claims – Default Judgment
 This occurs when defendant does not respond to
summons within timeframe
 Court then automatically finds plaintiff to have won
the action/claim and will order for amount listed in
summons by plaintiff IF A DEBT
 If not a debt, court will hold a DEFAULT HEARING to
determine award
Civil Procedure – Higher Courts
 Civil lawsuits over $25 000 or for more serious disputes
head to BC Supreme Court
 In BC, trial is started by a WRIT OF SUMMONS
 From here, both parties file documents and legal
papers in preparation for the trial, called PLEADINGS
Higher Courts –
Examination for Discovery
 This process involves summoning witnesses by wither
side of dispute to question them = DEPOSITION
 Done by lawyers for each party in presence of court
reporter at court registrar’s office
 Purpose is to find out strength or weakness of each
side’s case
 Questioning is similar to criminal procedure
 Transcripts of these ‘interviews’ are available to court
when in trial
Higher Courts –
Out-of-Court Settlement
 This is an offer by either side of the claim to come to a
settlement before heading to trial
 Usually made after the examination for discovery is
completed, as lawyers have a better sense of their side’s
probability of winning case in trial
Higher Courts –
Pre-Trial Conference
 Last chance for parties to reach settlement while
avoiding trial
 Lawyers appear before judge, reviewing case’s details
 Judge then gives possible settlement, if case were to
head to trial (judge’s opinion)
 If pre-trial conference occurs, different judge will be
appointed to trial (if no settlement agreed upon by
end of this conference)
Higher Courts - Trial
 Either party can elect to have a jury (only in BC – may
be denied, cannot be used for contracts, real estate,
custody cases)
 Similar procedure to Criminal trials:
 Witnesses are called to the stand and examined, crossexamined
 Once all witnesses are called and evidence presented,
sides make summaries
 Judge/jury reaches a judgement