Help needed with understanding Small Claims Court in BC.
Apr 30th 2013, 3:28 am
#1
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Help needed with understanding Small Claims Court in BC.
Please can somebody help me understand how a small claim is conducted in BC.
I had an accident on the drive way in my building back in January details of which I shared on the forum. Martello the property services company fobbed me off, so I decided to sue in the small claims court for the damage to my car and expenses incurred as aresult of not being able to use my vehicle.
I filed my claim in court and served Martello with the papers via registered mail which they received today. I have now received an email from Martello's attorney acknowledging receipt of my claim and asking me for a copy of the repair invoice and receipts for my taxi and transit prior to submitting their response to the court.
My question is, is it normal practice for a lawyer to contact me in this manner requesting this informstion. How should I respond? Should I do anything at all.
My gut feeling is not to respond and just wait for their response to the court but on the other hand I would like to have some closure to this case and to move on.
All your responses are much appreciated as I feel terribly alone with this issue but I feel I shouldn't let it go.
Ruby
I had an accident on the drive way in my building back in January details of which I shared on the forum. Martello the property services company fobbed me off, so I decided to sue in the small claims court for the damage to my car and expenses incurred as aresult of not being able to use my vehicle.
I filed my claim in court and served Martello with the papers via registered mail which they received today. I have now received an email from Martello's attorney acknowledging receipt of my claim and asking me for a copy of the repair invoice and receipts for my taxi and transit prior to submitting their response to the court.
My question is, is it normal practice for a lawyer to contact me in this manner requesting this informstion. How should I respond? Should I do anything at all.
My gut feeling is not to respond and just wait for their response to the court but on the other hand I would like to have some closure to this case and to move on.
All your responses are much appreciated as I feel terribly alone with this issue but I feel I shouldn't let it go.
Ruby
Apr 30th 2013, 4:50 am
#2
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Re: Help needed with understanding Small Claims Court in BC.
There is a detailed list of rules in this pdf which may help you.
http://www.bclaws.ca/EPLibraries/bcl...ule1subrule2.1
How does a defendant reply?
(2) To do anything set out in subrule (1) (b) to (e), a defendant must complete a reply (Form 2) following the instructions on the form.
Where does a defendant file a reply?
(3) A defendant must file a reply at the registry where the notice of claim was filed and, except where the defendant has agreed to pay all of the claim, pay the required fee.
However, it also states here that the defendant can:
After receiving your notice of claim, the defendant may contact you directly and offer to pay the claim or try to settle the case in some way. You are free to make whatever arrangements you want at any time. Just because you have filed a notice of claim with the court, does not mean that you must continue with the lawsuit.
Did you file a copy of the expenses receipts with your claim? If so, then I don't quite understand why the lawyer is asking you for details.
If you are still unsure of what you should do, I would suggest either phoning or going down to the small claims court and asking.
http://www.bclaws.ca/EPLibraries/bcl...ule1subrule2.1
How does a defendant reply?
(2) To do anything set out in subrule (1) (b) to (e), a defendant must complete a reply (Form 2) following the instructions on the form.
Where does a defendant file a reply?
(3) A defendant must file a reply at the registry where the notice of claim was filed and, except where the defendant has agreed to pay all of the claim, pay the required fee.
However, it also states here that the defendant can:
After receiving your notice of claim, the defendant may contact you directly and offer to pay the claim or try to settle the case in some way. You are free to make whatever arrangements you want at any time. Just because you have filed a notice of claim with the court, does not mean that you must continue with the lawsuit.
Did you file a copy of the expenses receipts with your claim? If so, then I don't quite understand why the lawyer is asking you for details.
If you are still unsure of what you should do, I would suggest either phoning or going down to the small claims court and asking.
Apr 30th 2013, 1:01 pm
#3
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Re: Help needed with understanding Small Claims Court in BC.
It is normal for the parties to file their Pleadings and then to exchange documents at some point prior to trial.
There should be no need for the lawyer to require the documents requested in advance of filing the Defence as they will know already whether they were negligent or in breach of a duty or not.
They may argue that they require copies of these documents to be able to assess quantum but, in reality, they can get around this by simply requireing you to prove your claim.
I would respond by suggesting that they file their Defence whereupon the parties will be able to agree upon a date for mutual exchange of docs. You will also need to familiarise yourself with the rules of procedure of the small claims court in B.C., as this may set out how document disclosure is to occur.
There should be no need for the lawyer to require the documents requested in advance of filing the Defence as they will know already whether they were negligent or in breach of a duty or not.
They may argue that they require copies of these documents to be able to assess quantum but, in reality, they can get around this by simply requireing you to prove your claim.
I would respond by suggesting that they file their Defence whereupon the parties will be able to agree upon a date for mutual exchange of docs. You will also need to familiarise yourself with the rules of procedure of the small claims court in B.C., as this may set out how document disclosure is to occur.
May 1st 2013, 12:03 am
#4
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Re: Help needed with understanding Small Claims Court in BC.
Thank you Siouxie.
Thank you Almost Canadian. I am glad my thinking was the same as yours. If Martello were going to settle the matter then they ought to have made me an offer, rather than demand the invoice and receipts for the various aspects of my claim. I see it as their lawyer trying to bully me. I will email them telling them to file their defence.
Ruby
Thank you Almost Canadian. I am glad my thinking was the same as yours. If Martello were going to settle the matter then they ought to have made me an offer, rather than demand the invoice and receipts for the various aspects of my claim. I see it as their lawyer trying to bully me. I will email them telling them to file their defence.
Ruby
