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MORTGAGEBROKER mbabc.ca summer 2014 | 45
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a copy by registered mail to the individual. If
the defendant is a company then the notice
of claim must be served by delivering it to the
company's registered and records office.
Replying to a claim
Once you have been served with a notice
of claim, you have 14 days from the date of
service to file a reply. e reply is a template
form that requires you to fill out the reason
why you dispute the claimant's claim. Small
claims forms are available on the Ministry of
Justice's website at http://www.ag.gov.bc.ca/
courts/forms/scl/scl002.pdf.
Failing to file a reply within the 14 days
of service allows the claimant to take default
judgment. It is essential to seek legal advice as
soon as you are served with a notice of claim.
If, as a defendant, you want to advance
a claim against the claimant, you can file a
counterclaim at the time you file your reply.
If you think someone else should pay the
claim, you can file a third party notice setting
out why you think the third party should pay
the claim. e third party notice adds that
other person to the lawsuit.
Settlement conferences
and mediation
Aer all the initial court documents are filed,
the court will schedule a settlement conference
conducted by a small claims court judge.
e judge will try to find common ground
between the parties and assist them to reach
a settlement, if possible. You must bring all
your relevant documents to the settlement
conference. ere is no requirement that the
parties settle a claim at a settlement conference.
Some small claims court locations have
mandatory mediation. In those locations the
court will schedule mediation and provide
the parties with a mediator to try to help the
parties settle the claim.
Proceeding to trial
If the matter does not settle at mediation
or a settlement conference, the court will
schedule a trial conference. You must
complete and file a trial statement form at
least 14 days before the trial conference. You
must also serve the trial statement on all
other parties at least seven days before the
trial conference.
A trial in small claims court generally
requires witnesses to attend in person to
testify and be available for cross-examination
by the opposing party. Unless there are
special circumstances, you cannot have your
witness swear an affidavit and submit it to
the judge. If you want to have an expert give
evidence you must serve the other party with
a summary of the expert's evidence at least
30 days before the expert testifies.
Supreme Court Litigation
The notice of civil claim
A plaintiff starts a lawsuit in BC Supreme
Court by filing a notice of civil claim. e
notice of civil claim must be personally
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