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BRITISH COLUMBIA COURT OF APPEAL
This Forum is for all things Court of Appeal for B.C. History, theory and practical.
The British Columbia Court of Appeal is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act.
Located in: Robson Square
Address: 800 Smithe St, Vancouver, BC V6Z 2E1.

SMALL CLAIMS COURT
Small Claims - Purpose of Small Claims Court: In Provincial Court, civil claims are dealt with in Small Claims Court. One of the goals of Small Claims Court is to reduce the cost of litigation, and increase access to justice. Small Claims Court uses simple rules and plain language so that people can represent themselves and save money (everyone is welcome, though, to have a lawyer if they choose). The fees for filing a claim are less expensive than Supreme Court, there are mandatory and simple procedures for trying to settle the claim without a trial and, should a trial occur, it will be shorter and simpler.

Types of cases
Small Claims Court’s jurisdiction is determined by the Small Claims Act, which means it can only handle the types of cases the statute says it can handle. The government can change the types of cases it deals with by changing the statue. Small Claims Court currently handles most civil claims for a value between $5,001 and $35,000.

small-claims-courtWith a few exceptions, the Provincial Court hears most kinds of civil disputes, such as claims for debt or damages, construction disputes, personal injury claims, recovery of personal property or enforcement of agreements or contracts involving personal property or services. It cannot hear claims concerning wills, bankruptcy, slander or lawsuits against the Federal Government. These must be heard in Supreme Court. Claims under $5,000 or concerning motor vehicle accidents and strata issues are usually dealt with in the Civil Resolution Tribunals. Claims over $35,000 are heard in Supreme Court.

Procedures
A large majority of cases settle without a trial, and can be settled at any time during the proceedings.

In almost every case that is disputed , Small Claims Court holds a settlement conference with a judge which is similar to a mediation. If the parties are unable to agree on a resolution, and the case has to go to trial, there may be a pre-trial conference so that everyone is clear in advance about the legal issues and how the trial will proceed. All trials in Provincial Court are heard by a judge alone. There are no juries.

The Robson Square and Richmond courthouses run pilot programs for claims under $10,000. These are called simplified trials and involve 1 hour, streamlined trials, adjudicated by a Judicial Justice who is an experienced lawyer.

Appeals
Orders made by a judge after a trial in Small Claims Court can be appealed to the BC Supreme Court.

TRAFFIC AND BYLAW
Traffic and Bylaw - What can you do when you get a traffic or bylaw ticket?
If you get a traffic ticket or a ticket for breaking a bylaw but you don’t agree with it, you can dispute it. For example, you got a ticket for running a red light but you don’t agree that it was red, you can dispute this at traffic court.

Types of Tickets
traffic-and-bylawProvincial Violation Tickets: Tickets for offences under BC laws such as Motor Vehicle Act violations. For example it is illegal to drive without wearing a seatbelt.

Federal act Tickets: Tickets for breaking a law set by the Canadian government such as firearms and fisheries violations. For example, it is illegal to carry a gun without having a license for it.

Municipal Tickets: Tickets for breaking bylaws created by the city or municipality. For example, most cities have bylaws making it illegal to litter.

What happens at court?
The most informal proceedings in Provincial Court involve traffic and bylaw violations. You can act as your own lawyer to dispute a traffic ticket for running a red light, speeding, or for parking violations. You can also dispute bylaw offences such as walking a dog without a leash. These cases are usually very short and can be dealt with quickly.

Judicial Justices of the Peace will hear these types of cases. They are judicial officers of the court who also hear applications for search warrants and for bail.

Appealing traffic and bylaw decisions
Appeals for traffic and bylaw matters go to the Supreme Court.

Legal Document Swap
This forum is for members who want to read a legal document, be it an Application, Petition, Notice of Claim, Affidavit or Brief, let the other members know what you need, they can provide it for you to read, emunlate and file your own.