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What is a notice of application in BC?

You begin an application by preparing, filing, and delivering a notice of application to the other parties. If you prepare and deliver the notice of application, you are the applicant. If you receive a notice of application from another party, you are the application respondent.

What happens when a petition is filed?

When a petition is filed, the plaintiff and defendant are given the opportunity to settle the case privately or use an alternative dispute resolution (ADR) process rather than going to trial. The court may also provide a summary judgment. If the case goes to trial, the judge will ultimately issue a verdict.

What is the difference between a petition and a notice of civil claim in BC?

The notice of civil claim (Form 1) is used to present the facts supporting your claim. It also sets out the relief that you want the court to grant against each defendant. The petition includes a short statement of facts supporting the claim.

Which document is used to commence a civil action in British Columbia?

Commencing proceedings by notice of civil claim (1) Unless an enactment or these Supreme Court Civil Rules otherwise provide, every proceeding must be started by the filing of a notice of civil claim under Part 3.

What is the difference between a claim and a petition?

A person who files a claim is contesting the seizure and is requesting to pursue the matter in court. The claimant believes the asset was not part of an illegal activity and was not purchased through ill-gotten gains. A person who files a petition is not contesting the forfeiture.

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What is a notice of civil claim BC?

A notice of civil claim is a document that starts a lawsuit against you. The person who started the action is called the plaintiff and you are called the defendant. For more information on what a notice of civil claim is, review Starting a Claim. Generally, you must be personally served with the notice of civil claim.

What is a summary trial application BC?

In a summary trial application, the judge must first determine that the case is appropriate for summary trial. If the case is suitable for a summary trial, evidence is given by affidavit rather than in person and the trial is dramatically shortened.

What is a notice of intention to proceed in BC?

A Notice of Intention to Proceed (Form F48) is the form you use when theres been a long delay in your Supreme Court case and you want to start it up again. You must fill out and serve this form on the other person to let them know that you plan to continue, since it might have seemed that youd dropped the case.

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