Civil Litigation

What you need to know about Civil Litigation

When you have a dispute with someone, and you cannot resolve it, your only option is to go to Court. When someone says they will “sue” you, they are talking about civil litigation.

In British Columbia, there are two courts that hear civil cases in the first instance. The first court is the Provincial Court, also known as Small Claims Court. It is designed for certain types of cases when the amount sought is less than $25,000. The second court is the Supreme Court. It has unlimited montetary jurisdiction and can hear most types of cases. Both courts have different rules. Selecting the appropriate court for your case is a strategic decision that should involve the input and expertise of a lawyer.

In addition to the courts, there are some specialized tribunals that deal with certain civil disputes. For example, injured workers go through Work Safe BC. Landlords and tenants go to the Residential Tenancy Board. Whether your particular matter is within the jursidiction of the courts or some specialized tribunal, basic rules of civil litigation apply. A lawyer, who is a skilled advocate, can help you understand these rules and present your case in the most favourable way to you.

Lawyers who practice in the area of civil litigation generally charge on an hourly rate. The amount charged depends on the expertise and reputation of the lawyer and the complexity of the case at hand. The kind of lawyer you need will depend on the type of case you have, the amount of money at stake, and your budget constraints. Sometimes a lawyer will take a civil litigation case on a contingency fee agreement where the legal fee charged depends on the amount of money recovered. These types of case are most commonly seen in personal injury actions, but contingency fee arrangements are also done in other cases, including:

* wrongful dismissal,
* sexual harassment,
* employment law,
* insurance disputes and
* debt collection.

In some instances, a successful party can recover a portion of his or her legal fees from the unsuccessful party through something called "costs". This can help to offset the cost of taking your claim to court. It should be noted that most civil litigation cases settle without going to trial.