Whether you’re pursuing a breach of contract claim, a personal injury lawsuit, or any other civil dispute in British Columbia, understanding the court process is essential. This guide walks you through each stage of a BC Supreme Court civil action, from filing your Notice of Civil Claim to obtaining judgment at trial, in plain English with all the forms and deadlines you need to know.
Starting Your Lawsuit: The Notice of Civil Claim
What It Is
The Notice of Civil Claim is the foundational document that starts your lawsuit. It tells the court and the defendant(s) what happened, why they’re legally responsible, and what you want the court to order.
The Form
Form 1 (Notice of Civil Claim) – Filed with the court registry and served on the defendant(s)
What Must Be Included
Your Notice of Civil Claim must contain:
- A concise statement of the facts (the “what happened”)
- The legal basis for your claim (breach of contract, negligence, etc.)
- The relief you’re seeking (money damages, specific performance, injunction, declaration, etc.)
- Your contact information and address for service
Key Rule: You must plead “material facts” – the essential facts that establish your legal claim – but not the evidence you’ll use to prove those facts. Focus on what happened, not how you’ll prove it.
Filing and Service
Step 1: Filing
- File your Notice of Civil Claim at the Supreme Court registry
- Pay the filing fee ($200)
- The registry will stamp your document and assign a court file number
- Or, you can file it online if you open an account with Court Service Online (CSO)
Step 2: Service
You must serve the defendant(s) within 12 months of filing. Service means delivering the documents in person to the defendant(s) according to the Supreme Court Civil Rules:
By Personal Service:
- Hand-deliver to the defendant personally
- Ask the defendant(s) to acknowledge they are the defendant(s) in the claim
Alternative Service: If personal service isn’t possible, you can apply for a court order allowing alternative service (registered mail, email, social media, etc.).
In some of my cases, I have successfully asked the judge to grant an order to serve the defendants by uploading the court documents to the defendants’ Facebook pages.
Step 3: Proof of Service
File an Affidavit of Service (confirming how and when the defendant was served) with the court.
The Defendant Responds: Response to Civil Claim
Timeline
21 days from service of the Notice of Civil Claim if the defendants are inside BC.
The Form
Form 2 (Response to Civil Claim) – The defendant’s formal answer to your lawsuit
What the Defendant Can Do
The defendant has several options:
1. Admit the Claim
This is rare, but the defendant can admit liability and allow you to proceed to assess damages or obtain judgment.
2. File a Response Denying the Claim
The defendant must:
- Admit or deny each allegation in your Notice of Civil Claim
- Provide any facts they rely on for their defense
- Raise any legal defenses (e.g., limitation period expired, no duty of care, contributory negligence)
3. File a Counterclaim
If the defendant has their own claim against you arising from the same circumstances, they can include a counterclaim in their Response (using Form 3 – Counterclaim)
4. File a Third Party Notice
If the defendant believes someone else is responsible (wholly or partially) for your claim, they can bring that person into the lawsuit as a third party
5. Do Nothing (Default)
If the defendant doesn’t respond within the deadline, you can apply for Default Judgment
Default Judgment: When the Defendant Doesn’t Respond
What It Is
If the defendant fails to file a Response to Civil Claim within the deadline, you may be entitled to obtain judgment without a trial.
The Process
For Liquidated Claims (debt or specific sum of money):
File a Notice of Application and an affidavit (your evidence) for default judgment. Attend the hearing on the scheduled hearing date noted in your notice of application. Speak to a judge about your application, service and your evidence to obtain an order against the defendants.
For Unliquidated Claims (damages to be assessed): You may still need a hearing or assessment to determine the amount of damages, even though liability is admitted by default.
Setting Aside Default Judgment: Defendants can apply to set aside a default judgment, and courts often grant these applications if there’s a reasonable explanation for the delay and an arguable defense.
Be Warned
In my practice, this happens frequently. Defendants either forget to file their Response to Civil Claim or deliberately avoid getting legal advice, hoping the lawsuit will simply go away if they ignore it. This is a huge mistake. Once a default judgment is entered against you, you’ll face substantial legal fees to apply to have it set aside—costs that often exceed what it would have cost to defend the case properly from the beginning. Worse, the court may refuse to set aside the judgment, leaving you liable for the full claim plus the plaintiff’s costs.
6. If the defendants file a Counterclaim
Responding to a Counterclaim: Response to Counterclaim
Timeline
21 days from service of the Counterclaim
The Form
Form 3 (Response to Counterclaim) – Same form as Response to Civil Claim, but responding to the defendant’s counterclaim against you
What to Include
Just like responding to the original claim, you must:
- Admit or deny each allegation
- Provide facts supporting your position
- Raise any defenses to the counterclaim
Early Case Management: Taking Stock
The Litigation Landscape
Unlike family law, civil litigation doesn’t have mandatory case conferences early in the process. However, parties often schedule:
Settlement Discussions:
Early and ongoing throughout the case Without Prejudice (I will explain what is Without Prejudice in another article)
Negotiations:
Protected discussions attempting to resolve the case Mediation: Voluntary process with a neutral third party facilitating settlement
Many civil cases settle before trial, so pursuing settlement discussions alongside the litigation process is wise.
Discovery: The Information-Gathering Phase
Discovery is where both sides gather evidence and learn about the other side’s case. This is often the longest phase of litigation.
Document Discovery
List of Documents
Form 22 (List of Documents)
Each party must prepare and serve a List of Documents, which is divided into:
Part 1: Documents you have in your possession or control that you will produce to the other side Part 2: Documents you have or had that you will not produce (because they’re privileged (I will write another article to explain this concept), irrelevant, or no longer in your possession)
Timeline:
- Plaintiff: Must serve List of Documents within 35 days after the Response to Civil Claim is filed
- Defendant: Must serve List of Documents within 21 days after receiving the plaintiff’s list
Production of Documents: After exchanging Lists of Documents, each party can inspect and copy the documents listed in Part 1.
Privileged Documents: Certain documents are protected from disclosure:
- Solicitor-client privileged communications
- Settlement discussions (without prejudice communications)
- Litigation privilege (documents created for the purpose of litigation)
Examination for Discovery
Examination for discovery allows each party to question the other party (and sometimes non-parties) under oath before trial.
When It Happens: After document discovery is complete
Duration: Each party gets up to 5 hours (one day) to examine the other party (can be extended with consent or court order)
The Process:
- One party serves a Notice or Appointment of Examination on the other party (at least 7 days’ notice)
- The examination occurs at a mutually convenient location (or by Zoom)
- You need to pay a court reporter to be present and produce a transcript as evidence
- Questions must be relevant to any matter in issue in the action
Purpose:
- Learn about the other side’s case
- Assess the credibility of witnesses
- Obtain admissions
- Narrow the issues
- Facilitate settlement
Using Discovery at Trial: The transcript can be used at trial to:
- Impeach a witness who testifies differently than their discovery answers
- Read in admissions
- Use as evidence if a party is unavailable for trial
Obtaining Documents from the Parties
Notice to Admit: You can ask the other party to admit specific facts or the authenticity of documents to avoid having to prove them at trial. If they refuse unreasonably, they may have to pay costs.
Subpoena: You can subpoena documents from non-parties by serving a Subpoena requiring them to produce documents or to testify at trial.
Bringing Motions and Applications
Throughout the litigation, you may need to bring applications (also called “chambers applications” or “motions”) to obtain court orders on specific issues.
Common Applications
- Summary Trial or Summary Judgment: Seeking judgment without a full trial
- Striking Pleadings: Asking the court to strike out all or part of a pleading
- Security for Costs: Defendant asking plaintiff to post security for the defendant’s potential costs
- Production of Documents: Compelling the other side to produce documents
- Dismissal for Delay: Seeking dismissal if the plaintiff hasn’t taken steps to advance the case
- Amending Pleadings: Seeking permission to change your Notice of Claim or Response
- Interim Injunctions: Obtaining temporary court orders preserving the status quo
The Process for Chambers Applications
Step 1: Prepare Your Materials
Notice of Application – Sets out what order you’re seeking and the legal basis
Affidavit(s) – Sworn evidence supporting your application (including any documentary exhibits)
Draft Order – The specific order you want the judge to make
Legal Authorities – Case law and statutory provisions supporting your position (included in your brief)
Step 2: File and Serve
- File your materials with the court registry
- Serve the other party with at least 8 clear days’ notice (this can be shortened in urgent circumstances with court permission)
- The other party can file responding materials (typically 4 days before the hearing)
Step 3: The Hearing
Chambers applications are heard in the judge’s courtroom. The process:
- Each side makes oral submissions (typically 30 minutes each, depending on complexity)
- The judge may ask questions
- The judge usually makes a decision immediately or “reserves” judgment for written reasons
Summary Trial: A Faster Route to Judgment
What It Is
A summary trial is an expedited trial conducted on affidavit evidence rather than live testimony. It’s designed to resolve cases more quickly and cheaply than a conventional trial. However, you must schedule the summary trial at least 42 days before the scheduled trial date.
When It’s Appropriate
Summary trial is suitable when:
- The issues can be fairly determined on affidavit evidence
- Credibility isn’t a central issue requiring live cross-examination
- The case is relatively straightforward
The Process
To file a Form 32 – Notice of Application for Summary Trial
Timeline for materials:
- Applicant’s affidavits and brief: Served at least 21 days before the hearing
- Respondent’s affidavits and brief: Served at least 7 days before the hearing
- Applicant to file Application Record: Served at least 3 days before the hearing
- Book of Authorities: both party will bring their supporting case books to the hearing
The Hearing:
- Conducted like a chambers application, but longer (often 2 hours to a full day)
- Judge reviews affidavit evidence and exhibits
- Lawyers make oral submissions
- Judge decides on the facts and law
The Test: The court will grant summary judgment if:
- There is no genuine issue requiring a trial, OR
- The court can find the facts necessary to decide the case, weighing the evidence and assessing credibility as needed
If the court decides summary trial is inappropriate, the case proceeds to a conventional trial.
Preparing for Conventional Trial
If your case doesn’t settle or isn’t resolved by summary trial, you’ll proceed to a conventional trial with live witnesses.
Setting the Case Down for Trial
I have a separate article on a step-by-step guide to book a trial date.
Trial Preparation Steps
1. Conduct a Trial Management Conference (if required)
When It Must Occur
A Trial Management Conference must be held at least 28 days before the scheduled trial date, unless the court orders otherwise.
Plaintiff must file Trial Brief (Form 41)
Deadline: Must file and serve at least 56 days before the scheduled trial date
Service: Serve a copy on all other parties of record
All Other Parties’ Trial Briefs
Deadline: Must file and serve at least 49 days before the scheduled trial date
In some registries or for complex cases, the court may order a Trial Management Conference to:
- Narrow issues for trial
- Confirm trial estimates
- Address procedural matters
- Encourage settlement
2. Prepare Your Witnesses
Expert Witnesses:
- Serve expert reports well in advance (at least 84 days before trial)
- The other side can cross-examine experts
- Experts must provide independent opinions, not advocacy
Fact Witnesses:
- Identify all witnesses you plan to call
- Prepare witness statements or affidavits
- Serve notice on the other side
3. Serve Notice to Admit
At least 28 days before trial, you can serve a Notice to Admit asking the other party to admit specific facts or documents to streamline the trial.
4. Exchange Trial Witness Lists
Typically 14 days before trial, parties exchange lists of witnesses they intend to call.
5. File Certificate of Trial and Trial Record
You must file a Certificate of Trial and Trial Record at least 14 days before the trial date.
6. Prepare Your Trial Book
Create a trial book containing:
- All pleadings
- Key documents you’ll rely on (organized chronologically or by issue)
- Expert reports
- Discovery transcripts (relevant excerpts)
- Legal authorities
- Proposed jury instructions (if a jury trial)
7. Prepare Your Opening Statement and Closing Argument
- Opening Statement: Outline your case and what evidence you’ll present
- Closing Argument: Summarize the evidence and explain why you should win based on the facts and law
The Trial
Trial Format
Day 1: Opening Statements Each party outlines their case and what they intend to prove.
Plaintiff’s Case:
- Plaintiff calls witnesses (direct examination)
- Defendant cross-examines each witness
- Plaintiff may re-examine witnesses on issues raised in cross-examination
Defendant’s Case:
- Defendant calls witnesses (direct examination)
- Plaintiff cross-examines each witness
- Defendant may re-examine witnesses
Rebuttal Evidence (if permitted):
- Plaintiff may call rebuttal evidence to respond to new issues raised in the defendant’s case
Closing Arguments:
- Each party summarizes the evidence and makes legal arguments
- Defendant usually goes first, then plaintiff
Judge’s Decision:
- The judge may give an oral decision at the end of trial (rare)
- More commonly, the judge “reserves judgment” and issues written reasons weeks or months later
After Trial: Judgment and Costs
The Judgment
Form 52 (Judgment)
After the judge makes their decision, a formal judgment must be prepared and entered. The judgment will:
- Set out the court’s findings of fact
- State the legal conclusions
- Order specific relief (damages, injunction, declaration, etc.)
Who Drafts It?: Usually, the successful party drafts the formal judgment order for the judge’s approval.
Costs
In BC civil litigation, costs usually “follow the event” – meaning the losing party pays the winning party’s legal costs. However, “costs” don’t mean the winner gets all their legal fees back.
Scale of Costs: The court usually awards costs according to Tariff in Appendix B of the Supreme Court Civil Rules. Tariff costs are much lower than actual legal fees (typically 20 % of actual fees).
Note: All forms are available on the BC Government website at: www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms
This article is for informational purposes only and does not constitute legal advice. Civil litigation rules and procedures can change, and specific cases may have unique requirements. Always verify current rules and consider seeking legal advice for your specific situation.