Starting An Action by Notice of Civil Claim

Starting an Action by Notice of Civil Claim
This guidebook will give you some instructions on

how to start an action by notice of civil claim in the
BC Supreme Court. It contains information about
choosing the correct court, the time limits that apply
to your case, and how to prepare, file, and serve your
court documents.
Should this case go to court?

Before you decide to start a court case, there are
several things that you should think about:
The majority of cases settle before trial.
If you think your case can be settled, you may
want to consider alternatives before you begin
your lawsuit. These options are discussed in the
guidebook, Alternatives to Going to Court. In
brief, some of these alternatives are:
negotiation (e.g., an exchange of letters

between the parties);
mediation; and
arbitration.
You might want to get legal advice to answer

these questions. It is important to remember
that if you sue and lose, you could be ordered by
the court to pay the costs of the other parties,
which could be very significant.
Even if you win and are entitled to costs from
the other parties, those costs will likely be far
less than the money you will spend on your
case, especially with respect to reimbursement
of legal fees. And remember that winning your
case in court is only another step in resolving
your legal dispute you still have to enforce
your judgment against the other party.
Choosing a court
Civil cases (called claims, lawsuits or actions) can be
started in either the Provincial Court of the Supreme
Court of British Columbia. You will find important
information that will help you choose the right court
in the guidebook, Overview of the Civil Litigation
Process.
Taking a case to court can be an expensive

and slow way of solving your problem. When
considering alternatives, consider the cost and
time of taking your case to court, as opposed
to the cost and time of an alternative solution.
This Guidebook provides general information about civil, non-family claims in the Supreme Court of
BC. It does not explain the law. Legal advice must come from a lawyer, who can tell you why you
should do something in your lawsuit or whether you should take certain actions. Anyone else, such as
court registry staff, non-lawyer advocates, other helpers, and this guidebook can only give you legal
information about how to do something, such as following certain court procedures.
Standards are in effect for the filing of all Supreme Court civil and Supreme Court family documents,
except divorce and probate. When you submit your completed documents, registry staff will check to
make sure they meet the minimum standards before accepting them for filing. It is your responsibility
to include all other information required by the court and ensure it is correct.
For information about how to get help with your case, see the last page of this document.
Guidebooks for Representing Yourself in Supreme Court Civil Matters
Provincial Court
If your claim is for $25,000 or less, you can likely
start your claim in Provincial Court. The division
of the Provincial Court that hears civil claims
is referred to as Small Claims Court and the
procedures and forms are much easier to use. To find
out more about the Small Claims Court, go to its
website at: www.SmallClaimsBC.ca.
Supreme Court
The BC Supreme Court deals with almost all types
of cases except:
Cases where a law says that the matter
must go to a special government agency or
tribunal. These include residential tenancy
complaints, workers compensation matters
and labour relations. For in-depth information
about tribunals and how they work, go to:
A Guide to Administrative Law in BC at:
www.AdminLawBC.ca.
Cases where the federal government has
control. These include tax matters, immigration
matters, and patents and trademarks. The
Federal Court deals with these matters. Its
website is: www.fct-cf.gc.ca/index_e.html.
Important time limits

Time limits are important in legal claims in two
ways: you must start your action within a certain
period of time (limitation periods) and you must be
aware of time limits that apply to court procedure
(procedural time limits).
Limitation periods
The first thing you need to think about are limitation
periods. Limitation periods set limits on how long
you can wait before you start a case. For example,
you must start an action for damages arising from a
motor vehicle accident within 2 years of the date of
the accident. Here are some other things you need to
know about limitation periods:
Different types of cases have different

limitation periods.
The Limitation Act (a copy of this Act can
found in the courthouse library or online
at www.bclaws.ca/) sets out the different
limitation periods for different types of cases
Most limitation periods vary from 2 to 6 years
and start from the date that:
the event you want to sue about happened, or

the date you found out about your possible
claim.
If your limitation period is not clear to you,

you should consult a lawyer. If your limitation
period expires before you file a claim, your
opportunity to file the claim may be lost.
Procedural time limits

There are numerous procedural time limits that will
affect your case. Some of these time limits are set out
in the forms and others are set out in the Rules of
Court. For example, if you are being sued, you must
deliver your response to the notice of civil claim
within 21 days (if you live in Canada) of the date
you received the claim. Otherwise the plaintiff may
proceed to get judgment against you without the
court hearing your side of the story. Make sure you
understand the time limits that apply in every step of
the litigation process so you do not miss important
deadlines.
Starting your proceeding

There are three ways to start a proceeding in the
British Columbia Supreme Court: an action, a
petition proceeding and a requisition proceeding.
An action: Is started with a form called a notice

of civil claim. This is the most common form of
a lawsuit between two or more parties. It covers
cases such as financial debt, motor vehicle accidents,
construction disputes, wrongful termination of
employment, malpractice, and numerous other types
of cases.
A petition proceeding: In very general terms, covers
matters such as wills and estates, guardianship,
adoption, bankruptcy, and foreclosure. It is very
important to read the full text of Rule 2-1 to
understand the particular actions that must be
commenced by petition. Further information on
petition proceedings is covered in Rule 16-1.
A requisition proceeding: Covers a very limited
scope of matters where an order may be obtained
from the court without notice to the other party.
Information on requisition proceedings is in Rule
17-1 (and the guidebook, Requisitions).
If in doubt about which type of proceeding to
file you should get legal advice to answer this key
question. The next question to answer is: which
registry do you file the documents in?
Generally, claims are started in the registry most
convenient to the person starting the claim. If you
live in Langley, but start the claim in Vancouver,
you are going to be travelling to Vancouver to file
your documents and attend court hearings. A court
in New Westminster or Chilliwack might be more
convenient for you. A list of registries can be found
at the courthouse library or www.courts.gov.bc.ca
(Court Locations and Contacts).
Who should be part of the

proceeding?
A critical part of planning your case is deciding who
you want to make your case against and who might
be on your side of the case. When you start an action
with a notice of civil claim, you are called the plaintiff
and the person you are suing is called the defendant.
The plaintiff(s) and defendant(s) are called the

parties to the action. Parties to a claim may be many
different types of entities, such as:
a person;
a partnership;
a company;
a Crown corporation (i.e., BC Transit or
ICBC);
a trade union;
a city; or
a province.
There can be more than one person or business as
either the plaintiff or the defendant. Make sure you
have the correct (and full) names of every person
who will be named in the documents. You will also
need each partys address (which cannot be a post
office box). Check the rules for specific information
about suing different types of parties. If there is more
than one plaintiff, all of them must consent to being
part of the action.
Consider getting legal advice to make sure the
correct parties are included in the document because
if you chose the wrong parties, it will cost you time
and money to change the documents later.
Preparing your documents

Once you have decided on the type of document to
use, the parties, and the registry location, it is time
to prepare your document. Copies of the documents
are included at the end of this guide. You can also
get copies from any court registry or download them
from the website addresses at the end of this guide.
Style of proceeding
Begin by preparing a style of proceeding. This is
the part at the top of the document that identifies
it within the court system. You will use the style of
proceeding on every one of your documents, whether
they are filed in the court registry or not.
Here is an example of a completed style of

proceeding on a notice of claim.
No. 12345
Vancouver Registry
IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN:
JOE SMITH and MARY SMITH

PLAINTIFFS
AND:

FRED BROWN AND BROWN
BUILDING CONTRACTORS
DEFENDANTS
The number in the top right hand corner will be

stamped on by the court registry when you present
your document for filing. That registry number is the
identifying number for your case.
Review the document carefully to make sure you
have all the information you need to complete it. For
all documents, you need to set out the facts carefully
and clearly. Be concise and specific. Do not give your
opinion about the case. You will need to do research
on the laws that apply to your case to understand
what you need to prove at trial.
Notice of civil claim

Prepare a notice of civil claim (Form 1) when you
have all the information that you need to start an
action in court. It contains all the information that
you want the judge to consider.
The content that must be included in the notice of
civil claim is set out in Rule 3-1. The notice of civil
claim sets out the basis of your claim, including:
a concise statement of the material facts giving
rise to the claim;
the relief sought by the plaintiff against each
named defendant; and
a concise summary of the legal basis for the
relief sought.
Filing your documents

Once your documents are completed, it is time to file
them at the court registry. You will need:
one copy for the court registry;

one copy for your file;
one copy for each of the defendants; and
the appropriate number of copies for affidavits
of service (see below), if required.
The documents can be filed with some court

registries by fax (see Rule 23-2). If you plan to
file by fax, refer to the Fax Filing Rules on the courts
website at www.courts.gov.bc.ca. The locations where
you can fax files are listed there.
Court registry staff are extremely helpful and may be
able to point out any small errors in the form of the
document before you file it, but remember that they
cannot give you legal advice you will have to talk
to a lawyer about legal issues in your case. When you
submit your completed documents, court registry
staff will check to make sure they meet the minimum
standards before accepting them for filing. You
are responsible for including all other information
required by the court and ensuring that it is correct.
You will need to pay the applicable registry filing
fees. The fees are listed in Schedule 1 of Appendix
C to the Rules. You can call the court registry to
confirm the current fees or check Schedule 1 to
Appendix C to the Rules at the website addresses
noted at the end of this guide.
If you cant afford the filing fee, you can file an
application with the court to have the fee waived.
This is called an application for indigent status (see
Rule 20-5 and Forms 79 and 80). (You can find
information about filing a requisition (Form 17) in
the guidebook, Requisitions.)
Once you have paid the filing fees or have an order

from the court waiving the fees, the registry:
opens a file;
gives your case a registry file number (this
is the permanent identification number for
your case that is stamped at the top of your
document);
stamps and returns the copies of the document
to you.
Serving your documents

Once your documents are filed, you must serve
the defendants with a stamped copy of the notice
of civil claim to notify them that you have started
a proceeding against them (see Rules 4-1 to 4-6).
Serving a document has a special meaning which is
set out in the rules. The procedures are described
below.
You can serve documents yourself or have someone
else do this for you. A process server is a professional
document server and if you anticipate having trouble
reaching a party, you might consider using a process
server. Process servers can be found in the telephone
book.
Personal service of notice of civil claim

Rule 4-3 tells you how to serve a notice of civil claim.
In brief, those documents must be personally served
on the other party, as follows:
Individuals: leave a copy of the document with him
or her.
Corporations: leave a copy of the document with
the president, chair, or other chief officer of the
corporation.
Cities and municipalities: leave a copy with the city

clerk or municipal clerk;
Unincorporated associations: by leaving a copy of
the document with any officer of the association;
Trade unions: by leaving a copy of the document
with any officer of the trade union or with a business
agent;
Government bodies: by following the rules
that explain how to serve that body (check the
government website or the courthouse library for
more complete information).
More information about how to serve a corporation
whose chief place of business is outside BC can
be found in Rule 4-3(2)(b)(iv). Rule 4-3(2) also
tells you how to serve documents on the Attorney
General of BC, an infant, or a mentally incompetent
person. It is important to serve the other party
properly. If it is not done correctly, the court may not
allow you to proceed against the other party.
Ordinary service of other documents

Rule 4-2 tells you how to serve other documents in
your court case (other than the notice of civil claim).
In general you can serve other documents in your
court case by:
leaving the document at the persons address
for delivery;
mailing the document by ordinary mail to the
persons address for service;
sending the document by fax (see the
provisions of Rule 4-2(5), which say when
the document can be faxed, depending on its
length); or
sending it by email.
Other corporations: leave a copy of the document

with the manager, cashier, superintendent, treasurer,
secretary, clerk or agent of the corporation or any
branch or agency of the corporation in BC;
How to prove that the documents were

served
It is important to be able to prove that the party you
are suing has been served with the notice of civil
claim. Otherwise, the party could deny that he or she
had any knowledge of the claim against him or her.
Information on proving service can be found in Rule
4-6.
may not be able to find them after making a diligent

search. In this situation, you can get a court order
giving you permission to use an alternate method of
service. Rule 4-4 sets out the information that you
need to consider.
NOTE: These options are not available if you are
trying to serve documents in a family law case.
If the other party responds to your notice of civil

claim by filing a reply to your claim, that proves
that he or she was properly served with your court
documents. In all other situations, you can prove
that you served the documents properly by filing an
affidavit of personal service in Form 15.
You can get a court order for substituted service,

which means that you may be able to mail the
document to the persons last known address,
leave it at their home, leave it with another adult
at that address, or publish an advertisement in the
newspaper (with Form 10).
If other court documents were served by ordinary

service, you can prove that they were served by filing
an affidavit of ordinary service in Form 16. You can
also file a requisition in Form 17 to which is attached
a written acknowledgement of receipt, signed by the
party or lawyer on whom the document was served.
When you apply to the court for an alternate method

of service, you must prepare an affidavit stating:
When do you have to serve the court

documents?
You must serve the notice of civil claim within 12
months of when it was filed in the court registry. If
it is not served within 12 months, it will expire and
that could be a very serious matter if a limitation
period is involved, including the loss of your ability
to bring your case to court. So, you could file your
notice of civil claim on March 1, 2010 and serve it
anytime before March 1, 2011. You might want to
delay serving the notice of civil claim as soon as it
is filed if, for example, you are close to negotiating a
settlement of your claim.
If you cannot serve your notice of civil claim within
12 months, you must apply to the court to extend
the time before the notice of civil claim expires.
If you have problems serving a document

There will be times when you have difficulty
personally serving a notice of civil claim. The
defendant or respondent may be avoiding you or you
when, how, and where you tried to serve the

person, what happened and how many times
you tried to serve the document;
what happened when you tried to serve the
person (the following are some examples of the
things that might happen):
there was no answer when you knocked on
the door;
someone appeared to be at home when you
knocked, but wouldnt come to the door; or
the house looked deserted.
If the court grants an order for an alternate method
of service, you must serve a copy of the entered order
permitting that alternate method with the document
you are serving, unless the alternate method of
service is by newspaper advertisement (Rule 4-4(2)).
Service outside of British Columbia

If one of the defendants lives outside of British
Columbia, Rule 4-5 states that you need to include
in your notice of civil claim an endorsement (Form
11), which specifies the circumstances under which
service is permitted.
The circumstances under which service outside

of BC is allowed are outlined in s. 10 of the Court
Jurisdiction and Proceedings Transfer Act (a copy
of this Act can found in the courthouse library or
on line at www.bclaws.ca). In general, you must
show that there is a real and substantial connection
between BC and the facts of the case. A typical
example would be if you were involved in a motor
vehicle accident in BC and the defendant resides
outside of the province.
Response to your proceeding

Once a defendant has been properly served, he or
she has a certain amount of time to respond. The
time varies according to the defendants residence. A
defendant who lives in Canada must file and serve a
response within 21 days. A longer period is allowed
if the defendant lives outside Canada.
The defendant must file and serve on you a response
in Form 2. It must contain an address for receiving
future documents in the lawsuit. Once the response
is delivered to you, most documents can be mailed or
faxed to the address provided by the defendant and
do not have to be personally served.
How to defend yourself in an action started with
a notice of civil claim is fully described in the
guidebook, Defending an Action Started by a Notice of
Civil Claim.
Get Help With Your Case

Before you start your claim, you should think about resolving your case without going to court (see the
guidebook, Alternatives to Going to Court). If you do not have a lawyer, you will have to learn about the court
system, the law that relates to your case, what you and the other side need to prove, and the possible legal
arguments for your case. You will also need to know about the court rules and the court forms that must be
used when you bring a dispute to court.
Legal Information Online
All Guidebooks for Representing Yourself in BC

Supreme Court Civil Matters, along with additional
information, videos and resources for Supreme
Court family and civil cases are available on the
Justice Education Society website:
www.SupremeCourtBC.ca.
Clicklaw gives you information about many areas
of law and free services to help you solve your legal
problems: www.Clicklaw.bc.ca.
The Supreme Court of BCs website has information
for people who are representing themselves in court:
www.Courts.gov.bc.ca/supreme_court/selfrepresented_litigants/
Legal information services
The Vancouver Justice Access Centres, Self-help

and Information Services includes legal information,
education and referral services for Supreme Court
family and civil cases. It is located at 290 - 800
Hornby Street in Vancouver (open Monday to
Friday): www.SupremeCourtSelfHelp.bc.ca.
For information about other Justice Access Centre
services in Vancouver and Nanaimo, see:
www.JusticeAccessCentre.bc.ca.
Legal advice
You may be eligible for free (pro bono) legal advice.

Access ProBono Society of BCs website gives
you information about the legal assistance that is
available to you: www.AccessProBono.ca.
Legislation
BC Legislation (statutes), regulations, and Rules of

Court can be found at: www.BCLaws.ca.
Court rules and forms
Supreme Court Rules can be found at:

www.BCLaws.ca/EPLibraries/bclaws_new/
document/ID/freeside/168_2009_00
For additional information about the new court
rules: www.ag.gov.bc.ca/new-rules/
Court forms are available at:
www.ag.gov.bc.ca/courts/other/supreme/
2010SupRules/info/index_civil.htm. They can
be completed online and filed electronically using
Court Services Online: www.CourtServicesOnline.
gov.bc.ca. They can also be printed and completed
manually; or completed online, printed and filed.
Common legal terms
You can find out the meaning of legal terms at this

multilingual website: www.LegalGlossary.ca.
Family law
For information about family law claims, see:

www.FamilyLaw.LSS.bc.ca.
This guidebook is part of a series:
Guidebooks for Representing Yourself in Supreme Court Civil Matters.

Produced by: www.JusticeEducation.ca
Funded by: www.LawFoundationBC.org
July 2010. Community Legal Assistance Society

ISBN 978-0-9866689-9-9
This Guidebook was prepared by David Mossop, Q.C., Community Legal Assistance Society www.CLASBC.net.
NOTES
Form 1
(Rule 3-1 (1) )

No. ...............................
.................................. Registry
In the Supreme Court of British Columbia
Between
Plaintiff(s)
and
Defendant(s)
NOTICE OF CIVIL CLAIM
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
This action has been started by the plaintiff(s) for the relief set out in Part 2 below.
If you intend to respond to this action, you or your lawyer must
(a) file a response to civil claim in Form 2 in the above-named registry of this court within the time
for response to civil claim described below, and
(b) serve a copy of the filed response to civil claim on the plaintiff.
If you intend to make a counterclaim, you or your lawyer must
(a) file a response to civil claim in Form 2 and a counterclaim in Form 3 in the above-named registry
of this court within the time for response to civil claim described below, and
(b) serve a copy of the filed response to civil claim and counterclaim on the plaintiff and on any new
parties named in the counterclaim.
JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response to civil claim
within the time for response to civil claim described below.
Time for response to civil claim
A response to civil claim must be filed and served on the plaintiff(s),
(a) if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed notice
of civil claim was served on you,
(b) if you reside in the United States of America, within 35 days after the date on which a copy of the
filed notice of civil claim was served on you,
(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed notice of civil
claim was served on you, or
(d) if the time for response to civil claim has been set by order of the court, within that time.
Claim of the Plaintiff(s)

Part 1: STATEMENT OF FACTS
[Using numbered paragraphs, set out a concise statement of the material facts giving rise to the
plaintiffs(s) claim.]
1
2
[If any party sues or is sued in a representative capacity, identify the party and describe the representative
capacity.]
Part 2: RELIEF SOUGHT
[Using numbered paragraphs, set out the relief sought and indicate against which defendant(s) that relief is
sought. Relief may be sought in the alternative.]
1
2
Part 3: LEGAL BASIS
[Using numbered paragraphs, set out a concise summary of the legal bases on which the plaintiff(s)
intend(s) to rely in support of the relief sought and specify any rule or other enactment relied on. The legal
bases for the relief sought may be set out in the alternative.]
1
2
Plaintiffs(s) address for service: [Set out the street address of the address for service. One or both of a fax
number and an e-mail address may be given as additional addresses for service.]
Fax number address for service (if any):
E-mail address for service (if any):
Place of trial:
The
address of
Date: ............[dd/mmm/yyyy].............
the
registry is:
........................................................................
Signature of
[ ] plaintiff [ ] lawyer for plaintiff(s)
.............[type or print name]..........................
Rule 7-1 (1) of the Supreme Court Civil Rules states:

(1) Unless all parties of record consent or the court otherwise orders, each party of record to an action must,
within 35 days after the end of the pleading period,
(a) prepare a list of documents in Form 22 that lists
i.
ii.
all documents that are or have been in the partys possession or control and that could, if
available, be used by any party at trial to prove or disprove a material fact, and
all other documents to which the party intends to refer at trial, and
(b) serve the list on all parties of record.
Appendix
[The following information is provided for data collection purposes only and is of no legal effect.]
Part 1: CONCISE SUMMARY OF NATURE OF CLAIM:
7
8
Part 2: THIS CLAIM ARISES FROM THE FOLLOWING:

[Check one box below for the case type that best describes this case.]
A personal injury arising out of:
[ ] a motor vehicle accident
[ ] medical malpractice
[ ] another cause
A dispute concerning:
[ ] contaminated sites
[ ] construction defects
[ ] real property (real estate)
[ ] personal property
[ ] the provision of goods or services or other general commercial matters
[ ] investment losses
[ ] the lending of money
[ ] an employment relationship
[ ] a will or other issues concerning the probate of an estate

[ ] a matter not listed here
Part 3: THIS CLAIM INVOLVES:

[Check all boxes below that apply to this case]
[ ] a class action
[ ] maritime law
[ ] aboriginal law
[ ] constitutional law
[ ] conflict of laws
[ ] none of the above
[ ] do not know
10
Part 4:
[If an enactment is being relied on, specify. Do not list more than 3 enactments.]
NOTES
Court forms are available at: www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_civil.htm.
They can be completed online and filed electronically using Court Services Online:
www.courtservicesonline.gov.bc.ca. They can also be printed and completed manually; or completed
online, printed and filed.
File this form in the court registry and personally serve it on the defendant.
1.
The style of proceeding is the part at the top of the document that identifies your case within the court
system. You will use the style of proceeding on every one of your documents, whether they are filed in
the court registry or not. The court registry will insert the registry number, which you must use on all
your documents. Insert the location of the registry (e.g., Vancouver), as it is part of your style of
proceeding. Write in the names of the plaintiff and defendant in capital letters (not addresses) in the
style of proceeding.
2.
Material facts are the facts that relate to your claim. Set out your story.
3.
Relief sought is a summary of what orders you are asking the court to make (e.g., that the defendant
pay $27,000, the balance owing under the contract for purchase of my boat; that the defendant pay
$35,000 for failing to return my car pursuant to our rental agreement).
4.
Set out the legal basis of your claim, including the Court Rules, legislation, and case law that support
your claim (e.g., the defendants stairs were rotten and unsafe contrary to The Occupiers Liability Act,
s. 3; calculation of damages in a wrongful dismissal case as described in Brown v. Smith, 2009 BCSC
200, etc.).
5.
Set out your name. Your address must be a physical location (not just a post office box) where
documents can be delivered.
6.
This data appendix has no legal effect. You are required to fill it out, however, as the collection of date
is essential for continued improvement of the civil justice system.
7.
Indicate, in one or two short sentences, the essence of your claim. For example, This claim involves a
slip and fall in a grocery store, resulting in a broken hip.
8.
Check only one box. There may be more than one box that applies to your case, but just do your best to
check the box that you believe BEST describes your case. For example, if your case involves the
purchase of a diamond ring, check the box labelled, the provision of goods or services or other
general commercial matters. If your case arose because you gave a diamond ring to your friend for
safekeeping and he lost or damaged it, check the box labelled, personal property. (Note that
personal property generally means all property other than lands or buildings.)
9.
Check ALL the boxes that best describe your case. If you believe that none of them apply, check none
of the above. If you are not sure if any apply, check do not know. Note that conflict of laws
concerns matters that have ties to the laws of different provinces or countries (e.g., a contract between
a BC and an American, concerning a Mexican company.
10. List any laws (e.g., Acts or regulations), that you are relying on to support your case. For example, if
your case involves contesting the amount of compensation received in an expropriation, you would list
The Expropriation Act. Do not list more than 3 enactments.
NOTES
1
Form 2
(Rule 3-3 (1) )
[Style of Proceeding]
RESPONSE TO CIVIL CLAIM
Filed by: .................[party(ies)]................. (the defendant(s))

Part 1: RESPONSE TO NOTICE OF CIVIL CLAIM FACTS
Division 1 Defendants(s) Response to Facts

[Indicate, for each paragraph in Part 1 of the notice of civil claim, whether the fact(s) alleged in that paragraph is(are)
admitted, denied or outside the knowledge of the defendant(s).]
1
The facts alleged in paragraph(s) ........[list paragraph numbers]........ of Part 1 of the notice of civil claim
are admitted.
are denied.
are outside the knowledge of the defendant(s).
Division 2 Defendants(s) Version of Facts
[Using numbered paragraphs, set out the defendants(s) version of the facts alleged in those paragraphs of the notice
of civil claim that are listed above in paragraph 2 of Division 1 of this Part.]
1
2
Division 3 Additional Facts

[If additional material facts are relevant to the matters raised by the notice of civil claim, set out, in numbered
paragraphs, a concise statement of those additional material facts.]
4
1
2
Part 2: RESPONSE TO RELIEF SOUGHT
[Indicate, for each paragraph in Part 2 of the notice of civil claim, whether the defendant(s) consent(s) to,
oppose(s) or take(s) no position on the granting of that relief.]
1
The defendant(s) consent(s) to the granting of the relief sought in paragraphs ........[list paragraph
numbers]........ of Part 2 of the notice of civil claim.
The defendant(s) oppose(s) the granting of the relief sought in paragraphs ........[list paragraph
numbers]........ of Part 2 of the notice of civil claim.
The defendant(s) take(s) no position on the granting of the relief sought in paragraphs ........[list
paragraph numbers]........ of Part 2 of the notice of civil claim.
Part 3: LEGAL BASIS

[Using numbered paragraphs, set out a concise summary of the legal bases on which the defendant(s) oppose(s) the
relief sought by the plaintiff(s) and specify any rule or other enactment relied on. The legal bases for opposing the
plaintiffs(s) relief may be set out in the alternative.]
1
2
Defendants(s) address for service: [Set out the street address of the address for service. One or both of a fax
number and an e-mail address may be given as additional addresses for service.]
Fax number address for service (if any):
NOTES
www.courtservicesonline.gov.bc.ca. They can also be printed and completed manually; or completed
online, printed and filed.
File this form in the court registry and serve it on the plaintiff.
1.
the court registry or not. Insert the court number, the location of the registry (e.g., Vancouver), as it is
part of your style of proceeding. Write in the names of the plaintiff and defendant in capital letters (not
addresses) in the style of proceeding.
2.
This is where you respond to the facts that the plaintiff has set out in the notice of civil claim. There
are facts that you may agree with (e.g., the date that the plaintiff fell down your stairs); disagree with
(e.g., that your stairs were unsafe); or you dont know (e.g., that it was 5 degrees Celsius on the day
of the accident).
3.
State your own version of the facts here. Give details of the items that you disagree with in part 2 of
the previous section.
4.
State other facts that are important to your case that were not raised by the plaintiff (e.g., that the
plaintiff climbed over a locked gate to get into your yard).
5.
With respect to the orders that the plaintiff is asking the court to make, set out which ones (if any) you
agree to.
6.
With respect to the orders that the plaintiff is asking the court to make, set out which ones you dont
agree with.
7.
With respect to the orders that the plaintiff is asking the court to make, set out which ones (if any) you
dont take a position on (e.g., are satisfied with whatever the court orders on that issue).
8.
Set out the legal basis of your claim, including the Court Rules, legislation, and case law that support
your claim (e.g., the plaintiff trespassed on your property and is not entitled to damages for personal
injury according to Brown v. Smith, 2009 BCSC 200).
9.
Set out your name. Your address must be a physical location (not just a post office box) where
NOTES
Form 10
(Rule 4-4 (3) )
1
2
ADVERTISEMENT
To: ....................[party(ies)]....................
3, 4
TAKE NOTICE THAT on ........[dd/mmm/yyyy]........ an order was made for service on you of a
...........[document]........... issued from the ...............[location].............. Registry of the Supreme Court of
British Columbia in proceeding number ..........[registry number].......... by way of this advertisement.
In the proceeding, the ....................[plaintiff/petitioner].................... claim(s) the following relief against you:
............................[describe the relief claimed]............................ .
You must file a responding pleading/response to petition within the period required under the Supreme
Court Civil Rules failing which further proceedings, including judgment, may be taken against you without
notice to you.
You may obtain, from the ...............[location]............... Registry, at ..........[address].........., a copy of the
...........[document]........... and the order providing for service by this advertisement.
This advertisement is placed by ....................[party(ies)].................... whose address for service is
....................[Set out the street address of the address for service. One or both of a fax number and an e-mail address
may be given as additional addresses for service.].................... .
NOTES
www.courtservicesonline.gov.bc.ca.
They can also be printed and completed manually; or completed online, printed and filed.
A copy of the advertisement may be attached as an exhibit to the affidavit filed in

support to an application for substituted service or it may be attached as a schedule
to an order but the form itself is usually not filed in the court registry.
1.
The style of proceeding is the part at the top of the document that identifies your case within the
court system. You will use the style of proceeding on every one of your documents, whether they are
filed in the court registry or not. The court registry will insert the registry number, which you must
use on all your documents. Insert the location of the registry (e.g., Vancouver), as it is part of your
style of proceeding. Write in the names of the plaintiff and defendant in capital letters (not
2.
Write in the persons name that will be served substitutionally by an advertisement.
3.
Describe the document that you are serving (e.g., a notice of civil claim).
4.
Insert the location/name of the registry where the action is filed, and its full mailing address.
5.
Describe the nature of the lawsuit (e.g., $27,000 for non-payment of the money owing under a
contract for the purchase of laundromat located 123 Main Street, in Smithers, B.C.).
6.
Write your name. Your address must be a physical location (not just a post office box) where
NOTES
Form 11
(Rule 4-5 (2) )
ENDORSEMENT ON ORIGINATING PLEADING OR PETITION FOR SERVICE OUTSIDE

BRITISH COLUMBIA
The ....................[party(ies)]...................., ....................[name(s) of party(ies)]...................., claim(s) the right to
serve this pleading/petition on the ....................[party(ies)]...................., ....................[name(s) of
party(ies)]...................., outside British Columbia on the ground that ....................[state the circumstances,
enumerated in section 10 of the Court Jurisdiction and Proceedings Transfer Act, on which the plaintiff/petitioner
relies].................... .
NOTES
They can also be printed and completed manually; or completed online, printed and
filed.
1.
This endorsement must be included in a notice of civil claim or petition where the party being served is
outside British Columbia. It should be typed right on the document. Insert it at the end of your
document.
2.
Set out the reason that you are serving the document outside BC. Your reason must be one of the items
specified in s. 10 of the Court Jurisdiction and Proceedings Transfer Act (e.g., the proceeding
concerns the administration of the estate of Joe Brown, who owns a house at 456 Main Street,
Kelowna, BC).
NOTES
Form 15
(Rule 4-6 (1) )
AFFIDAVIT OF PERSONAL SERVICE

2
3
4
I, ...............[name]..............., of .......................[address]......................., ...............[occupation]...............,

SWEAR (OR AFFIRM) THAT:
On ........[dd/mmm/yyyy]........, at ..........[time of day].........., I served ...............[name of person served]...............
with the ..........[type of document].......... in this proceeding, a copy of which is attached to this affidavit and
marked as Exhibit A, by handing it to and leaving it with that person.
SWORN (OR AFFIRMED) BEFORE
)
ME at ........................., British Columbia
)
on ..........[dd/mmm/yyyy].......... .
)
........................................................
)
..........................................................
)
A commissioner for taking
)
affidavits for British Columbia
)
....[print name or affix stamp of commissioner]....
NOTES
This document must be filed in the court registry; it is not served on anyone.
1.
2.
The person who personally served the document might not be one of the parties, so this information
must be completed.
3.
Describe the document that you served (e.g., a notice of civil claim) and attach a copy to your affidavit
as an exhibit.
4.
Your document must be sworn or affirmed before a lawyer, a notary public, or a designated court
official at the court registry.
NOTES
Form 16
(Rule 4-6 (1) )
AFFIDAVIT OF ORDINARY SERVICE
2
3
I, ...............[name]..............., of .......................[address]......................., ...............[occupation]...............,

SWEAR (OR AFFIRM) THAT:
On ........[dd/mmm/yyyy]........, at ..........[time of day].........., I served ..........[name of person served].......... with
the ..........[type of document].......... in this proceeding, a copy of which is attached to this affidavit and
marked as Exhibit A, by
[ ] leaving the document at ...............[the partys address for service]...............
[ ] mailing the document by ordinary mail to ...............[the partys address for service]...............
[ ] faxing the document to ..........[fax number].......... together with a fax cover sheet
[ ] e-mailing the document to ..........[e-mail address]..........
SWORN (OR AFFIRMED) BEFORE

ME at ........................., British Columbia
on ..........[dd/mmm/yyyy].......... .
..........................................................
A commissioner for taking
affidavits for British Columbia )
)
)
)
)
)
)
............................................................................
NOTES
This document must be filed in the court registry; it is not served on anyone.
1.
2.
The person who served this document might not be one of the parties, so this information must be
completed.
3.
Describe the document that you served (e.g., a notice of application) and attach a copy to your affidavit
as an exhibit.
4.
Your document must be sworn or affirmed before a lawyer, a notary public, or a designated court
official at the court registry.
NOTES
Form 17
(Rules 4-6 (1), 5-1 (4), 5-2 (4), 5-4 (1), 8-1 (21.1) and (22), 8-5 (2),
9-4 (1),12-2 (6), 13-3 (25), 16-1 (16.1) and (17), 20-5 (3), 21-5 (4), 23-1 (9),
23-3 (10) and 23-5 (5) )
REQUISITION GENERAL
Filed by: .........................[party(ies)].........................
Required:
This requisition is supported by the following:
[Include a description of supporting document(s). Each affidavit included on the list must be identified as
follows: "Affidavit #.....[sequential number, if any, recorded in the top right hand corner of the
affidavit]..... of ..............[name].............., made ....[dd/mmm/yyyy]........".]
1
2
Date: ................[dd/mmm/yyyy].....................
...
Signature of
[ ] filing party [ ] lawyer for filing party(ies)
..................[type or print name]..........................
NOTES
File this form in the court registry. The Rules of Court will indicate if it must be
served on the other parties.
1.
2.
Fill in what you are asking the court/court registry to do (e.g., search for an appearance; file a consent
order; enter a default judgment, etc.).
NOTES
Form 17
No. .....
.Registry
Between
Plaintiff(s)
and
Defendants(s)
Requisition General
Filed by:[party(ies)].
Required:
1.
2.
3.
4.
5.
[ ] Application pursuant to Supreme Court Civil Rule 5-1 (3) to shorten the service period applicable
to a notice of case planning conference.
[ ] Application pursuant to Supreme Court Civil Rule 5-2 (3) (a) exempting a person from attending a
case planning conference.
[ ] Application pursuant to Supreme Court Civil Rule 5-2 (3) (b) respecting the method of attendance
at a case planning conference.
[ ] Application pursuant to Supreme Court Civil Rule 12-2(4) for an order respecting the manner a
person is to attend a trial management conference or exempting a person from attending a trial
management conference.
[ ] Application pursuant to Supreme Court Civil Rule 23-5(4) for directions that an application be
heard by way of telephone, video conference or other communication medium and the manner in
which the application is to be conducted.
Term of order sought:
1.
2.
3.
4.
5.
[ ] The notice of case planning conference must be served on the ..[name of party]by
..[set out date].. .
[ ] [name of lawyer or party].. is exempted from attending the case planning
conference in person and may attend by ..[set out method of attendance] . .
[ ] [name of lawyer or party].. may attend the case planning conference by
.[set out manner of attendance] .
[ ] [name of lawyer or party].. may attend the trial management conference by
.[set out manner of attendance] .
or
[name of lawyer or party].. is exempt from attending the trial management
conference.
[ ] The application of [name of party] be heard by [set out method of hearing].. . (If
required) The application be heard in the following manner; [set out manner of hearing].. .
This requisition is supported by the following: [include reasons why the order is sought]
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
Date:
[ ] filing party
Signature of
[ ] lawyer for filing
party(ies)
____________________________________
[type or print name]
Address of applicant:
_______________________________________
_______________________________________
_______________________________________
Phone number:
____________________________
Order granted
[ ]
or
Application denied
Date:
[ ]
___________________________________
Judge/Master of the Supreme Court
NOTES
Use this version of Form 17 when your application is made pursuant to Rule 5-1(4),
5-2(3)(a), 5-2(3)(b), 12-2(4), or 23-5(4). File this form in the court registry. The Rules
of Court will indicate if it must be served on the other parties.
1.
2.
Your name goes here.
3.
Check the box that applies (i.e., what application you are making).
4.
Check off the order you are asking the court to make.
5.
Put your name here, and how the application will be decided (e.g., by a hearing in court, or without a
court hearing).
6.
State why you are asking the court to make the order (e.g., I am requesting that I attend the case
planning conference by telephone instead of in person because I will be away on vacation and not near
the courthouse on the date set for the conference).
7.
Put your address here.
8.
The court will complete this section, depending on whether your application is granted or denied.
NOTES
Form 79
(Rule 20-5 (3) )
No.
Registry
1
Between
Plaintiff(s)
and
Defendant(s)
ORDER FOR INDIGENT STATUS

[Complete the form in accordance with the instructions found in the bracketed italicized wording
and then remove all bracketed italicized wording so that it does not appear in the form when the
form is filed.]
BEFORE THE HONOURABLE
)
)
)
)
BEFORE MASTER
)
)
[dd/mmm/yyyy]
ON THE APPLICATION of
[name]
and on hearing
[add, if applicable, coming on before me on]
[dd/mmm/yyyy]
and
[name of party/lawyer]
[name of party/lawyer]
25/April/2012
[Select whichever one of the 4 following provisions is correct, complete the selected provision and
remove the provisions that have not been selected so that they do not appear in the form when the
form is filed.]
THIS COURT ORDERS that no fee is payable by

[name of person]
to the government under Schedule 1 of Appendix C of the Supreme Court Rules in relation to this
proceeding:
[add the following if applicable:]
subject to the following:
5
[set out any conditions on this order]

[name of person]
to the government under Schedule 1 of Appendix C of the Supreme Court Rules in relation to the
following part(s) of this proceeding:
[describe part(s)]

[name of person]
to the government under Schedule 1 of Appendix C of the Supreme Court Rules in relation to this
proceeding during the following period(s):
[describe period(s)]
25/April/2012

[name of person]
to the government under Schedule 1 of Appendix C of the Supreme Court Rules in relation to the
following steps in this proceeding:
[describe step(s)]

By the Court.
Registrar
25/April/2012
NOTES
www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_civil.htm.
File this form in the court registry.
1. The style of proceeding is the part at the top of your document that identifies your case within
the court system. You will use the style of proceeding on every one of your documents, whether
they are filed in the court registry or not. The court registry will insert the registry number,
which you must use on all your documents. Insert the location of the registry (e.g., Vancouver).
Write in the names of the plaintiff and defendant in capital letters (not addresses).
2. Put the name of the judge or master who heard this application and insert the date that
application was heard.
3. Put your name here, and the date.
4. Put your name here.
5. Add any exceptions that the judge ordered. For example, No fee is payable in relation to the
filing of any documents in this proceeding.
6. Set out any conditions that the judge made on the order. For example, The applicant must pay
court fees if his employment resumes during the course of this litigation.
25/April/2012
NOTES
Form 80
(Rule 205 (3) )

This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
AFFIDAVIT IN SUPPORT OF INDIGENT APPLICATION
3
4
I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR

(OR AFFIRM) THAT:
1 I am the ................[party]................ in this proceeding.
2 I make this affidavit in support of my application for an order that I be declared indigent with respect to
the payment of fees set out in Schedule 1 of Appendix C of the Supreme Court Civil Rules.
3 I am ................ years old.
4
have the following dependants: [List all the dependants in the household.]
..............................................................................................................................................................
..............................................................................................................................................................
...................................................................................................................................... .
5 The following persons contribute to my household expenses: [List all in the household who contribute to
expenses.]
.................................................................................................................................................... .
6 I am [ ] employed [ ] unemployed.
7 Attached as Exhibit A is a financial statement that accurately sets out the monthly income, expenses and
assets of my household.
8 Attached as Exhibit B is an accurate description of my educational and employment history.
9 Attached as Exhibit C is an accurate description of my workplace skills.
10 Attached as Exhibit D is a copy of the document I wish to file or with which I wish to proceed.
SWORN (OR AFFIRMED) BEFORE ME

at ........................., British Columbia
on ..........[dd/mmm/yyyy].......... .
................................................................................
A commissioner for taking affidavits
for British Columbia
)
)
)......................................................................
)
)
)
)
This is Exhibit A referred to in the affidavit of

........................................, sworn (or affirmed)
before me on ...............[dd/mmm/yyyy]..............
.........................................................................
A commissioner for taking affidavits for British

Columbia
FINANCIAL STATEMENT
ESTIMATED NET MONTHLY INCOME

[Attach proof i.e. most recent pay stubs or payment advice, etc., if available.]
Estimated net monthly income from all sources:
Employment $...............
Pension $...............
Dividends $...............
Interest $...............
Other $...............
TOTAL (Estimated net monthly income) $...............
ESTIMATED MONTHLY EXPENSES
[Attach receipts for the following, if available.]
Estimated monthly expenses related to housing $...............
Estimated monthly expenses related to transportation $...............
Estimated monthly expenses related to household expenses $...............
Estimated monthly expenses related to medical and dental expenses $...............
Estimated monthly expenses, not included in above, related to dependent children $...............
Estimated monthly debt payments [specify]............................................................... $...............
Estimate of other monthly expenses [specify]............................................................... $...............
TOTAL (Estimated monthly expenses) $...............
ASSETS
[Specify assets and set out their estimated value.]
........................................................................................................................... $...............
........................................................................................................................... $...............
........................................................................................................................... $...............
........................................................................................................................... $...............
........................................................................................................................... $...............
TOTAL (Estimated asset values) $...............
This is Exhibit B referred to in the affidavit of

.........................................................................
Columbia
EDUCATIONAL AND EMPLOYMENT HISTORY
[Set out details of education and employment history.]
1 Highest level of education attained and date completed:
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
2 Employment history:
Employer Dates Position
.............................................................. .................................. ...........................................................
.............................................................. .................................. ...........................................................
.............................................................. .................................. ...........................................................
This is Exhibit C referred to in the affidavit of
.........................................................................
Columbia
WORKPLACE SKILLS
[specify]
....................................................................................................................................................................
....................................................................................................................................................................
....................................................................................................................................................................
NOTES
www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_civil.htm.
File this form in the court registry.
1.
Indicate which affidavit this is, your name, and the date you swore the affidavit.
2.
3.
Put your name, address, and occupation here.
4.
State which party you are in this court case (e.g., the defendant; third party, etc.).
5.
The person whom you signed your affidavit in front of (i.e., a court registry person, notary public or
lawyer) will complete this section.
6.
The person whom you signed your affidavit in front of (i.e., a court registry person, a notary public or
lawyer) will complete this section.
7.
Complete this financial statement to the best of your ability. You must provide information in every
section, with financial receipts, if possible (e.g., a pay stub; a rental agreement).

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