COMM 393 Lecture Notes - Service Of Process, Affidavit, Counterclaim
Document Summary
Pleadings involved in the legal process in the supreme court of british columbia have been simplified. A plaintiff initiates legal action with a notice of civil claim setting out the facts and legal basis for the claim. The defendant files a response stating what the defendant disagrees with. The defendant might also file a counterclaim against the plaintiff, to which the plaintiff would have to file a response. If either party fails to file a response, the other can take default judgment. If the defendant alleges that a someone else may be liable in the legal action, the defendant can join that party as a third party (in special circumstances that may require court approval). If the defendant is an individual, the notice of civil claim must be served personally on the defendant. Service will normally be effected by a third party process server. The process server will swear an affidavit verifying that service has taken place.
