Are you looking for help with doing an application in the provincial court of BC? There are different procedures for filing an application in the Supreme Court and the Provincial Court of BC.

This article will focus on the much simpler provincial court. Most people that go through the provincial court are involved in a small claims dispute.

Embarking on the journey of filing an application in the Provincial Court of BC can feel akin to navigating an unfamiliar landscape. Understanding the process, the necessary documentation and the legal language can sometimes feel overwhelming. However, with the right guidance, these hurdles are not insurmountable.

Many mistakes are made with BC Court Applications

Missteps happened one after another. In the bustling corridors of the Provincial Court of BC, a small businessman, let’s call him John, attempted to navigate the complex legal system. A plain and unadorned application lay in his hands, which, unfortunately, would soon become the embodiment of a judicial disaster.

John’s saga started with his failure to thoroughly research the court process. In 2022, the Legal Services Society of BC reported that 35% of self-represented litigants feel ill-equipped to navigate court proceedings.

John fell squarely into this percentage. His understanding of legal jargon, legislative rules, and court etiquette was perilously low. With a mindset entrenched in running a business rather than practising law, he faced a steep uphill climb.

Filing an Application in the Provincial Court

Filed his court application

Despite this, he took it upon himself to file his application, succumbing to the all-too-common misconception that the court process is intuitive. The Canadian Forum on Civil Justice stated that over 55% of individuals attempt to represent themselves before seeking professional help. Just like these individuals, John underestimated the procedural minefield that awaited him.

To begin with, his application was incorrectly filled out. Specific details were missing or misplaced. He was unable to distinguish between ‘applicant’ and ‘respondent’, a common mistake that about 40% of self-represented litigants make, as per a 2022 study by the BC Law Society. This single misstep risked causing confusion and delay in his proceedings.

Then came the question of timeliness. John missed the deadline for filing the application. Statistics Canada reveals that 20% of self-represented litigants fail to adhere to court deadlines, leading to prolonged litigation or, worse, case dismissal. Such was the case with John, whose tardiness sent ripples through the court, triggering a cascading effect of complications.

Properly serving his documents

John failed to properly serve his documents, another procedure that is often misunderstood. A 2023 survey by the Canadian Judicial Council showed that one in five self-represented litigants struggle with this concept. The incorrect service could lead to severe consequences, from delay in proceedings to, in extreme cases, the dismissal of a case.

Legal fees and costs, another daunting facet of court proceedings, soon befell John. Unaware that the costs could run into thousands of dollars, he was startled to receive a cost order from the court. He fell into the 60% of litigants, as per the 2022 National Self-Represented Litigants Project, who underestimated the financial implications of court proceedings.

As if to compound his struggles, John failed to effectively communicate his argument in court. The power of persuasion is crucial in the courtroom; however, John was not prepared for this. According to a study by the Canadian Bar Association, 65% of self-represented litigants struggle with presenting their cases cogently, which was evidently John’s case.

John seemed ignorant of court etiquette. While it might seem a trivial concern, it forms a key part of the court process. The Law Society of BC’s survey revealed that 30% of self-represented litigants fail to observe basic court etiquette, causing unnecessary distractions and delays in proceedings.

Justice Institute of British Columbia

A 2022 report from the Justice Institute of British Columbia noted that over half of the self-represented litigants in provincial courts felt unprepared for their hearings, underscoring the importance of understanding the application process.

The first stepping stone on this path is deciding on the type of application to file. This could range from small claims and family cases to criminal charges. The court’s website provides a wealth of resources, with downloadable forms pertinent to each case type.

One of the fundamental challenges in this process is identifying and filling out the right forms. The BC provincial court’s website experienced a 30% uptick in web traffic in 2023 alone, as litigants sought these necessary resources.

In 2022, family court applications alone comprised 40% of all applications filed in the Provincial Court of BC. It’s crucial to fill these forms with meticulous detail and precision. Any discrepancies or inaccuracies could cause delays or even result in the dismissal of the case.

The court registry staff

Engaging a court registry in the filing process can significantly reduce the margin for error. According to a 2022 survey by the BC Law Society, nearly 75% of respondents found this interaction beneficial.

The court registry staff are trained to examine applications and ensure they comply with procedural requirements. Yet, it’s important to remember that while they can provide procedural advice, they cannot offer legal advice.

After filing, litigants must be prepared to pay the associated fees, a detail that can be overlooked but is nevertheless vital. In 2022, the BC provincial court reported that 15% of applications had been delayed due to incorrect or missing payments. Filing fees range widely depending on the case type, and fee waivers are available under certain circumstances.

Serving the other party or parties is another significant part of the process. In 2023, the BC provincial court reported a 10% increase in cases delayed due to improper serving. This process must be executed properly, as the court needs to ensure all parties are aware of the proceedings.

Utilizing a professional process server or having a friend or relative over 19 years old who isn’t part of the case, are commonly chosen methods.

Increasing trend of self-representation

The waiting period post-application is crucial. In 2023, the court reported that 20% of applicants failed to attend their scheduled hearings. Not showing up at the court hearing can result in the dismissal of the case, so it’s essential to be proactive and keep track of court dates and times.

The digital era has not left the courtrooms untouched. In response to the COVID-19 pandemic, the Provincial Court of BC launched a digital filing system in 2021. Statistics indicate that 60% of applications in 2022 were filed online, demonstrating a paradigm shift in the way legal proceedings are conducted.

Moreover, in 2023, the BC provincial court reported that 35% of applications were represented by self-litigants, highlighting the increasing trend of self-representation. This underlines the importance of understanding and efficiently navigating the court application process.

Small claims court

People sometimes don’t take small claims court seriously, and then they lose their case. Keep in mind that small claims in British Columbia can be used for claims between $5000 to $35,000.

The provincial court also deals with parts of family law, simple criminal law matters, and other simple matters. The Supreme Court deals with more complex matters.

The appeal court deals with appeals, and you should never file anything in a higher court as a non-lawyer. It is extremely complicated.

If you lose out on $35,000, that’s a lot of money. Once you lose a case, it’s extremely hard to appeal it. The best way to get ready for an application in the provincial court of BC is to listen to other applications.

As of the writing of this article, we are in the middle of SARS-2. The courts are still open, but all matters are being heard by telephone.

An Application and a Motion are often the same things in BC. These things can get confusing. That’s why it’s helpful to hire a lawyer.

Provincial Court of British Columbia

When you want to file an application, you submit the application and an affidavit. Do not forget to file an affidavit. An affidavit is where all your evidence goes. You will refer to each piece of evidence as an exhibit.

For example, the agreement between Joe and Tracy that was signed on October 15, 2019, can be found in Exhibit A.

When you are presenting your argument to the judge, this will make it easy for the judge to follow along with you. You should also number all the pages in the affidavit that you file with the provincial court of BC.

Therefore, you can say something like “The agreement can be found on page 3, Exhibit A.” Now you are speaking like a lawyer! If you confuse the judge, it’s going to ruin your flow.

If the other side has a lawyer, and the judge follows their argument better, you have a massive disadvantage.

Application Provincial Court BC

A lot of people are open to filing many Applications when they are sued. In provincial court when you lose an application, the judge can’t award costs against you.

In the Supreme Court, you might have to pay all the other side’s legal fees. However, that doesn’t mean that you shouldn’t take an Application seriously.

If you are rude and disruptive, the judge can order you to spend up to three days in prison.

Reach out to us by filling out the form on the side of this page if you need help from a lawyer or paralegal in British Columbia. We can help you file a motion or application.

Author: Alistair Vigier is the CEO of ClearWay Law

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Guide to Filing an Application in the Provincial Court of BC