44 | summer 2014 mbabc.ca MORTGAGEBROKER
NOBODY COMES TO WORK in the
morning hoping to be sued by a former client
or someone involved in a mortgage broker's
past transaction. However, it happens.
A plaintiff or claimant initiates a lawsuit
in British Columbia by filing a notice of
claim in provincial court (also known as
small claims court) or a notice of civil claim
in the British Columbia Supreme Court. e
legal process is very different in provincial
court and Supreme Court.
Small claims court litigation
Lawsuits in small claims court are restricted
to claims for $25,000 or less. A person may
abandon the portion of the claim over $25,000
to stay within the limit of small claims court.
The notice of claim
A notice of claim must be served on an
individual by personal service or by mailing
Understanding the basic legal process of small claims and Supreme Court lawsuits
You've Been Sued!
BY NIGEL TREVETHAN AND STEVEN ABRAMSON
