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How to Sue Someone in Canada

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How to Sue Someone in Canada

How to Sue Someone in Canada

To sue someone is not that easy if you plan to get $40,000 from the Defendant. You need to give enough evidence to the Court through your solicitor to prove your loss. Then the Court will take the matter into concern and sent papers to the opposite party.

But the case will be somewhat different if the defendant has no money. Therefore, in this article, you will get to know how to sue someone. It is also essential to know the matters that are to be considered before filing such cases.

Keep reading to get all the information in detail.

How to Sue Someone without a Contract in Kelowna

There are many reasons due to which you can sue someone. The reasons include he has your money, damaged your property, injured you badly, defame you, and so on. You can sue a person in Small Claims Court for damage or debt for more than $30,000.

But if the amount is more than that, you can sue the Defendant to the BC Supreme Court. In this case, you need to take advice from a senior solicitor to guide you to the right path to get your money back.

However, you need to file your claim within the first two years of the problem.

Things to Consider before Suing Someone

There are a few terms that you need to consider before suing someone for any kind of damages. Those are:

  • Damages
  • Collectability
  • Time and cost

Damages mean any type of medical bills, financial harms, or future harms that might occur. So, you will need proof when you make these damages allegations.

Collectability means whether the person you are suing has money or property to repay you after you win the lawsuit. Therefore, it is essential to look for the Defendant’s income, bank account, personal or real estate property.

Time and cost mean the amount of time and money you will require to file a lawsuit. Moreover, it is also very time-consuming. On average, it might need 6 months to 5 years to solve the case. In between, you will have to pay the lawyer’s fees, expert’s fees, filing, and process fees, which will be very costly even before winning the lawsuit.

How Long does it Take to Sue Someone?

The answer to this question depends on the type of allegation you make on the Defendant and whether the Defendant clashes the civil claim or not.

Below is a chart of general civil claims and the timelines that will be required once the case is filed.

Type of claim Timeline
Debt (loans, invoices) Less than 40 days
Damages (accidents and wrongful dismissal)  Within 45 days

If the Offender files a dispute note, the judgment time will vary.

However, it can take several months to get Judgment, and the court process does not end here. If defendant denies paying you the amount decided on the Judgment, you should again seek the help of law.

It is not the Court’s responsibility to pay you the money decided in the Judgment or assist you with the enforced Judgment.

There is also no assurance of getting the money from any granted Court’s judgment. It will not be easy to collect money from defendant if he does not have any job, money, or assets. But the positive part is Judgment is practical for 10 years, and until then, the financial situation also changes.

How to File a Lawsuit in Canada

Once you have known the pre-steps of suing, it is time to learn the procedure of filing a lawsuit. It is not a lengthy process. You will just have to follow the below steps one by one:

  1. Decide if you want to sue in Small Claims Court, Civil Resolution Tribunal, or BC Supreme Court. It needs to be ensured before it is too late after the incident happened.
  2. Fill up the Civil Resolution Tribunal Dispute Application Form and pay the definite fee, which is $125 for the online form and $150 for the paper form.
  3. The Tribunal will issue you with a Dispute Notice that needs to be delivered to other parties through you.
  4. Complete the Notice of Civil Claim by the Supreme Court or Notice of Claim by the Small Claims Court. Both forms are available on the internet.
  5. Then you need to take the papers to the proper court registry, file them with a fee, and at last have them stamped.
  6. A copy of the documents needs to be served to defendant. You can take the help of a “process server” for this process. Moreover, the court registry can give you other ideas to serve documents.

What Happens When You Sue Someone With No Money

It is quite impossible to collect money from a person who is helpless. The Court cannot even force him to see his condition. This is one of the matters you need to look into before, as mentioned above.

Furthermore, suing such a person will only bring you more loss in time and money. The maximum Judgment that the Court can give is to decide an extended time frame to pay all the money. Talk with an experienced and expert lawyer to get any kind of help regarding it.

We have more than 30 years of experience. So, pick up the phone and call us on the given number within no time to solve your problem.

The Bottom Line

Suing someone does not look good, but it has to be done when the water goes above the head. It is not also ideal for making the loss of others with or without a purpose. This kind of loss is not only temporary but can also be permanent.

So from the above information, you have already known how to sue someone. You always need to take advice from a solicitor as the Court is like a second home to them. He is the one who can provide all the documents to the judge for further Judgment.

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