Going to court and having a trial is one of many processes used to resolve disputes between private parties. This article focused on civil litigation, which can be contrasted with a criminal trial (where the Crown is one of the parties and can imprison the defendant). In civil trials, imprisonment is not possible, but monetary damages are usually awarded if the claim is successful.
In BC, the vast majority of court proceedings are started with a notice of civil claim, but in some circumstances, they may also be started by a petition or a requisition. The overarching procedures for starting a proceeding with a notice of civil claim and petition are similar; however, they do have some notable differences.
A proceeding started by a notice of civil claim has the advantage of the discovery process, which is the mechanism whereby parties ask questions of each other under oath and exchange evidence to discover the other side’s version of the facts.
If a settlement is not reached between the parties, they may resort to traditional litigation. Should their claim be $100,00 or less, they can use fast-track litigation.
After reading this article, you can rightly see why deciding whether litigation is the right option for you is best determined with the help of a lawyer and getting the appropriate advice. Give us a call, and we will be pleased to assess the details of your case. Ph: 250-381-4040.