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COMM 393
Deborah Meredith

LEGAL PROCESS IN BRITISH COLUMBIA 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 served will swear and affidavit verifying that service has taken place. If the defendant is evading service or cannot be found, the plaintiff can apply to court to allow service by some other method. After the Notice of Civil Claim has been served, documents can be served by mail, or if the parties consent, by e-mail or fax. If the defendant is a corporation, the Notice of Civil Claim can be served by mail. Either party can request a case planning conference after the pleading period, which calls on each party to present a litigation proposal. The proposal involves each party divulging plans to discover documents, examine the other party for discovery, and disclose what witnesses it plans to call. Each party must present the list of relevant docu
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