How to File a Notice of Civil Claim in the Supreme Court of British Columbia
Filing a Notice of Civil Claim is the first formal step in starting a lawsuit in the Supreme Court of British Columbia. Whether you are seeking damages, enforcing a contract, or resolving a property dispute, understanding the process is essential for protecting your rights and ensuring procedural compliance.
This blog provides a comprehensive overview of how to file a Notice of Civil Claim, including eligibility, required documents, filing procedures, service requirements, and strategic considerations.
What Is a Notice of Civil Claim?
A Notice of Civil Claim is the document that initiates a legal action in the Supreme Court of British Columbia. It sets out the plaintiff’s allegations, the legal basis for the claim, and the relief sought. The defendant must respond within a specified time or risk default judgment.
The Notice of Civil Claim replaces the older Writ of Summons and Statement of Claim. It is governed by Rule 3-1 of the Supreme Court Civil Rules.
Step 1: Determine Jurisdiction and Venue
Before filing, confirm that the Supreme Court is the appropriate venue. The Supreme Court of British Columbia hears civil claims involving:
Claims over $35,000
Real estate disputes
Injunctions and declaratory relief
Complex commercial litigation
Matters requiring equitable remedies
Smaller claims may be filed in the Provincial Court (Small Claims Division). Choose the correct registry based on the location of the parties or the subject matter of the dispute.
Step 2: Prepare the Notice of Civil Claim
The Notice of Civil Claim must follow the prescribed format and include the following sections:
1. Style of Proceeding
This identifies the parties, the court, and the registry. It includes the file number (assigned upon filing), the names of the plaintiff(s) and defendant(s), and the court location.
2. Statement of Facts
This section outlines the factual background of the dispute. It should be clear, concise, and chronological. Avoid legal conclusions or arguments.
3. Relief Sought
Specify the remedies you are asking the court to grant. This may include:
Monetary damages
Specific performance
Injunctions
Declaratory relief
Costs
4. Legal Basis
Set out the legal principles or statutes that support your claim. This may include breach of contract, negligence, unjust enrichment, or statutory violations.
5. Plaintiff’s Address for Service
Provide a mailing address and email address where legal documents can be served.
6. Signature and Date
The document must be signed by the plaintiff or their lawyer and dated.
You can download the form from the Supreme Court Civil Rules forms page.
Step 3: File the Notice of Civil Claim
Once the document is complete, file it at the appropriate Supreme Court registry. You may file:
In person: Bring the original and copies to the registry counter.
By mail: Send the documents with payment.
Online: Use the Court Services Online portal if eligible.
The filing fee is $200, payable by cash, debit, credit card, or cheque. The registry will stamp the document and assign a file number.
Step 4: Serve the Notice of Civil Claim
After filing, you must serve the Notice of Civil Claim on each defendant. Service must be completed within twelve months of filing.
Personal Service
For individuals, personal service means handing the document directly to the defendant. For corporations, serve a director or officer or deliver to the registered office.
Alternative Service
If personal service is not possible, you may apply for an order for alternative service, such as email, posting, or publication.
Proof of Service
Complete and file an Affidavit of Service to confirm that the defendant received the document. This is critical for proceeding with the case.
Step 5: Wait for the Response
The defendant has twenty-one days to file a Response to Civil Claim if served in British Columbia. The time limit varies for service outside the province:
Canada (outside BC): 35 days
United States: 42 days
Other international locations: 49 days
If the defendant fails to respond, you may apply for default judgment.
Step 6: Manage the Litigation Process
Once the claim is filed and served, the litigation process begins. Key steps include:
Case Planning Conference: Required in some cases to set timelines and procedures.
Discovery: Exchange of documents and examination for discovery.
Applications: Interim motions for orders or directions.
Settlement Discussions: Mediation or negotiation may occur.
Trial Preparation: Filing trial briefs, witness lists, and evidence.
Trial: Presentation of the case before a judge.
Each step is governed by the Supreme Court Civil Rules and may involve deadlines, forms, and procedural requirements.
Strategic Considerations
Clarity and Precision
Ensure that your Notice of Civil Claim is clear, factual, and well-organized. Avoid emotional language or vague allegations.
Legal Advice
Consider consulting a lawyer to review your claim, especially for complex matters. Legal counsel can help frame the issues, identify remedies, and navigate procedural rules.
Settlement Options
Litigation is costly and time-consuming. Explore settlement options early to resolve disputes efficiently.
Compliance with Rules
Failure to comply with the Supreme Court Civil Rules may result in delays, dismissal, or adverse costs. Stay informed and organized.
Common Mistakes to Avoid
Filing in the wrong court or registry
Incomplete or unclear statement of facts
Failure to serve within twelve months
Missing deadlines for response or applications
Not filing proof of service
Seeking inappropriate remedies
Avoiding these errors will improve your chances of success and reduce procedural complications.
Conclusion
Filing a Notice of Civil Claim in the Supreme Court of British Columbia is a structured process that requires attention to detail, legal knowledge, and procedural compliance. It marks the beginning of formal litigation and sets the foundation for resolving civil disputes.
Whether you are a business owner enforcing a contract, a property owner seeking damages, or an individual pursuing justice, understanding how to file a Notice of Civil Claim is essential. With proper preparation and legal guidance, you can assert your rights and navigate the court system effectively.
At Queenstone Law, we assist clients with drafting, filing, and litigating civil claims in the Supreme Court of British Columbia. Contact us for strategic advice and representation tailored to your legal needs.
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.