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What is the Civil Resolution Tribunal (CRT)?

The Civil Resolution Tribunal (or CRT) is an administrative tribunal established by the BC government in 2012 to handle disputes between strata councils and property owners. In 2017, the tribunal’s jurisdiction was expanded to allow them to hear small claims disputes of $5,000 or less. The current BC government has drastically expanded the tribunal’s jurisdiction […]

Steps in a Lawsuit: Collecting on a Judgment

For a plaintiff, a successful trial will result in a judgment against the defendant. If the defendant has insurance for the type of loss that was sued over, that insurance will satisfy the judgment. However, if there is no insurance and the defendant refuses to pay the judgment voluntarily, the plaintiff has several ways of […]

Steps in a Lawsuit: Appeals

If, following a Supreme Court trial, a party is unhappy with the decision of the judge, they have the right to appeal the decision to the Court of Appeal. This must be done within 30 days of the decision being rendered. The two typical grounds on which a party would appeal a trial decision are […]

Steps in a Lawsuit: Costs and Cost Assessments

Once a lawsuit has settled or been decided after a trial, the parties must still deal with the matter of court costs. Known simply as “costs”, these are an amount of money meant to compensate a party for the time and expense of having to participate in a Supreme Court case. When a party has […]

Steps in a Lawsuit: Trial

If the parties are unable to resolve their dispute themselves, the matter will proceed to trial. Trials will either be heard by a judge alone or by a judge with a jury. In essence, a trial consists of each party presenting evidence that they believe proves the point they’re trying to make. The other party […]

Steps in a Lawsuit: Trial Management Conference

A trial management conference (TMC) is required in practically all Supreme Court civil lawsuits. A TMC is a hearing before a master or judge to ensure that the parties are ready to proceed to trial as scheduled. Before a TMC occurs, each party must file and serve a trial brief. A trial brief summarizes the […]

Steps in a Lawsuit: Negotiation and Settlement

Once all the facts of a case are known, the parties can begin negotiating to see if a settlement is possible. While this can happen at any stage of the litigation, it most generally happens after examinations for discovery. Negotiations are conducted on a without prejudice basis. This means that anything a party says during […]

Steps in a Lawsuit: Applications

At any point during a lawsuit, a party can make an application to the court seeking any number of things. Generally, a party makes an application to get something that will help them either prosecute or defend against the lawsuit. For instance, if a party wants more documents, they can make an application for them. […]

Steps in a Lawsuit: Examinations for Discovery

Examinations for discovery, commonly referred to as simply discoveries, allow one party or their lawyer to question the other party under oath about matters at issue in the lawsuit. Short of a trial, this is probably the most intense and important part of a lawsuit for parties. Discoveries are done for several reasons. First, they […]

I have Separated from my Spouse. Can I make a New Will?

If you and your spouse separate, you can make a new will before you have finalized your divorce and other related matters such as property division and support. However, if you were to pass away, your family law claim must be resolved before any family assets that are supposed to pass through your estate are […]

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