Civil litigation addresses a wide range of disputes, including breach of contract, negligence, property or strata disputes, and defamation.
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Civil Litigation
Cunningham & Co. assists entrepreneurs, professionals, and individuals with resolving legal disputes by negotiation, mediation, or, when necessary, by filing a lawsuit and pursuing a remedy through the courts in British Columbia.
What is Civil Litigation?
Civil litigation refers to the legal process of using the court system to resolve disputes between individuals, businesses, or organizations. These disputes are non-criminal and often involve a claim for financial compensation or another type of legal remedy. In British Columbia, you can sue through several venues, depending on the nature and dollar value of your claim: the Civil Resolution Tribunal (CRT), Small Claims Court, or the Supreme Court of British Columbia.
A lawsuit is typically filed when informal attempts at resolution—like discussions or demand letters—fail. Through civil litigation, you can ask the court to resolve disputes involving breach of contract, negligence, unpaid debts, defamation, property issues, and employment-related claims. The purpose of a lawsuit is to have a judge determine each party’s legal rights and obligations, and to order remedies like damages or injunctive relief.
Most Common Situations That May Lead to a Civil Lawsuit
People and businesses may decide to sue in a wide variety of situations, including:
- Breach of contract: When one party fails to fulfil the terms of a legal agreement, you may need to file a lawsuit to enforce your rights or claim damages.
- Negligence claims: If you suffer financial or personal harm because someone failed to take reasonable care, you may consider suing them in court.
- Defamation: When false and damaging statements are made about you or your business, filing a lawsuit can help protect your reputation.
- Unpaid debts: You may choose to sue a debtor in Small Claims Court or the Supreme Court if informal efforts to collect fail.
- Property disputes: When disagreements over land, personal property, or boundaries can’t be resolved, the parties may turn to the courts.
- Strata disputes: Issues involving condominium corporations (strata councils) and owners — such as bylaw enforcement, maintenance issues, or unfair decisions — are commonly resolved through the Civil Resolution Tribunal, or escalated to court if necessary.
- Employment disputes: Issues like wrongful dismissal or unpaid wages are often resolved by suing the employer in court.
Main Elements of a Civil Lawsuit
Most lawsuits follow a similar framework, regardless of the specific issue. To succeed in court, you generally need to prove: 1) A legal relationship or duty between the parties; 2) A breach of that relationship or duty by one party; 3) Harm or loss suffered as a direct result; and 4) Entitlement to a legal remedy under the law.
For example, in a breach of contract lawsuit, you would need to show the existence of a valid contract, how the other party breached its terms, and how that breach caused you financial harm.
Steps Involved in Civil Litigation
Filing a lawsuit generally involves several key steps:
Initial consultation and legal assessment: Evaluate whether you have legal grounds to sue.
Sending a Cease and Desist Letter or negotiation: Try to resolve the dispute before resorting to court.
Filing a Notice of Claim or Civil Claim: Formally start your lawsuit in the appropriate court or tribunal.
Serving the claim on the other party: Provide official notice that a lawsuit has been filed.
Receiving the defendant’s response: The other party typically has 14-21 days to respond to the lawsuit.
Discovery process: Both sides exchange relevant documents and information before going to court.
Settlement discussions or mediation: Most lawsuits settle before trial.
Trial: If settlement fails, the court will hear your case and issue a decision.
Remedies Available in Civil Litigation
The courts offer a range of remedies depending on the claim. Most commonly, the court may award monetary damages to compensate you for losses. In some cases, you can ask the court for an injunction, a specific performance order, or a declaration of your legal rights.
For example, you might file a lawsuit to enforce a property sale contract and ask the court to order the other party to complete the sale. Alternatively, if defamatory statements are harming your business, you might request an injunction from the court to stop the person from making further comments while your lawsuit proceeds.
In other situations, a lawsuit may seek rescission (cancellation of a contract).
Best Practices Before Suing
Before deciding to file a lawsuit, it’s important to:
- Act promptly: Many lawsuits are subject to strict time limits under Limitation Act of British Columbia.
- Preserve evidence: Keep contracts, emails, financial records, and any communication relevant to your potential court case.
- Avoid confrontational exchanges: Maintain professional, factual communication—anything you write may end up as court evidence.
- Understand your legal position: Speak to a lawyer early to assess the merits of your lawsuit.
When to Hire a Civil Litigation Lawyer
If you’re considering a lawsuit or find yourself being sued, it’s important to consult a lawyer early. We can help you assess your case, understand your rights, and choose the most effective forum to sue or defend against a lawsuit.
At Cunningham & Co., we specialize in guiding clients through the civil litigation process with practical advice, strong advocacy, and a clear understanding of the court system in British Columbia.
