Initiating Lawsuits in British Columbia
In British Columbia, selecting the correct venue for a lawsuit isn’t just about the dollar value, it also depends on the type of claim. Certain legal matters must be brought before specific courts or tribunals, regardless of how much money is involved.
Federal Court Jurisdiction
Claims against the Government of Canada must be filed in Federal Court, which has exclusive jurisdiction over certain federal matters.
Claims That Must Go to BC Supreme Court
Some civil claims must be filed in the BC Supreme Court, even if the amount in dispute is below $35,000. These include:
• Claims involving land or interests in land, such as builders lien actions
• Defamation claims, including libel and slander
• Estate litigation, including disputes over wills and inheritances
• Divorce applications, and related family law matters
These types of cases require the formal procedures and jurisdiction of the Supreme Court.
Tribunal-Only Claims
Certain disputes must be resolved through specialized tribunals, which function similarly to courts but focus on specific areas of law. For example:
• Workers’ compensation claims must be brought before the Workers’ Compensation Appeal Tribunal (WCAT)
• Human rights complaints are handled by the BC Human Rights Tribunal
These tribunals have exclusive jurisdiction over their subject matter, and claims cannot be filed in court.
Civil Resolution Tribunal (CRT) Exceptions
While the Civil Resolution Tribunal typically handles claims up to $5,000, there are two notable exceptions:
• Strata property disputes (e.g., condo issues) can be heard by the CRT regardless of the dollar amount
• Motor vehicle accident injury claims occurring in BC after April 1, 2019, must be filed with the CRT if the claim is $50,000 or less
Need Help Navigating Jurisdiction?
Determining where to file your claim can be complex. Our experienced litigation team can help you assess your case and ensure it’s brought before the correct court or tribunal. Contact us today for strategic advice tailored to your situation.
NOT LEGAL ADVICE. Information made available on the Queenstone Law website in any form is for information purposes only. It is not legal advice. You should not rely on, or take or fail to take any action, based upon this information. We would be pleased to discuss any specific legal concerns you may have.
Although we attempt to keep the information on our site accurate and up-to-date, due to the ever changing nature of the law, as well as, the speed at which new cases are released, we cannot guarantee that the content is fully up to date or remains completely accurate.