Getting served with a Notice of Civil Claim can be intimidating, especially if it’s your first time being sued. Here’s a guide to the basics – what it means, what deadlines apply, and how to respond under the BC Supreme Court Civil Rules.
A Notice of Civil Claim is the document that officially starts a lawsuit in the Supreme Court of British Columbia. It sets out who is suing you (i.e., the plaintiff(s)), what they are claiming you did (i.e., the facts), and what they want the court to order (i.e., the relief, such as money, damages, or property).
Once you’ve been served, you have a limited time to respond by filing a Response to Civil Claim. If you were served in British Columbia, you have 21 days to file a Response to Civil Claim. If you were served elsewhere in Canada, you have 35 days to file a Response to Civil Claim, while you have 49 days if you were served outside Canada. Pay attention to these deadlines, because if you miss the applicable deadline, the plaintiff can ask the court to enter judgment against you without further notice (called default judgment).
The Response to Civil Claim is your defence. In it, you’ll admit, deny, or say you have no knowledge of each fact alleged in the Notice of Civil Claim. Additionally, you may set out your own version of events to support your defence. It’s critical that the Response to Civil Claim properly sets out your defence, as this document forms the foundation of how you respond to the claim against you.
The Registry currently charges a filing fee of $25.00. Once filed, you must serve a copy of the filed Response to Civil Claim on the plaintiff(s) (or their lawyer if they have one). Keep your proof of service, as it’s your evidence that you met the filing deadline.
If you’ve been served with a Notice of Civil Claim and require more information, please contact our office.
By: Sanjeeta K. Johal
The information contained in this blog post is provided for general informational purposes only and does not constitute legal advice. It is not intended to be relied upon as advice on any particular matter or as a substitute for obtaining legal advice. Laws and regulations may change over time and can vary depending on your specific circumstances.