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.
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 the 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 at 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 at 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