If someone owes you money or a contractor did bad work, you may be asking yourself whether you really need to hire a lawyer or whether you can just handle it yourself. Cases which do not involve a lot of money and seem straightforward may or may not be worth hiring a lawyer. The question is, how do you know whether you will be able to navigate the dispute yourself. That is a highly fact dependent question, so here is some information about how claims of smaller monetary value are handled and some indications as to whether you should consider hiring a lawyer or whether you should represent yourself.
Two tracks in BC
There are two tracks which are meant for people to make their civil claim without the assistance of a lawyer, depending on the monetary value of their claim. The Civil Resolution Tribunal (“CRT”) is meant for claims up to $5,000. The Provincial Court (“Small Claims”) is meant for claims up to $35,000. Both of these processes are meant to be straightforward, simple, and affordable.
What the CRT process actually looks like
The CRT is an online dispute resolution process intended for people to navigate themselves, without the assistance of lawyers. If parties cannot reach an agreement, the tribunal can make decisions about the dispute. Parties can make an agreement to settle at any point in the process. The first step is to either apply to get the process started (if you are the one making the claim) or respond to a claim brought by the other party. The next step is to negotiate to try to reach an agreement. If negotiations are not working, a CRT case manager will step in to help the parties reach an agreement. Finally, if an agreement still cannot be reached, the tribunal will make a decision about the dispute.
What Small Claims looks like
Small Claims is a court process meant for people to settle their disputes in a straightforward and simple manner. The first step to get started in Small Claims is to file a Notice of Claim. A Notice of Claim is a form that gets filed with the court registry and sets out basic information about the claim, such as who was involved, what happened, and how much the claim is for. You can file the Notice of Claim at the court registry location which is closest to either where the other party lives or carries on business, or where the event that led to the claim took place. The next steps are for the party who filed the Notice of Claim to serve the notice on the other party and wait for their reply. The registry will set a date for a settlement conference and notify the parties. At the settlement conference the judge will sit down with the parties and try to find a way to settle the matter. If the matter is not resolved, the next step is to begin the trial process. At trial each party makes their case to the judge, and the judge makes a decision. After the judge makes their decision, either party can make an appeal to BC Supreme Court if they disagree with the decision.
When self-representation works well
Given that the CRT and Small Claims are designed to be straight forward and accessible enough to be used without the assistance of a lawyer, there are cases in which it makes more sense to represent yourself, such as clear-cut debt claims. Other factors which favour self-representation are if the claim is for a small dollar amount or if there is good documentation. The less complex the matter is, the more likely you are to successfully represent yourself.
When it doesn’t
Despite the fact that the CRT and Small Claims are meant to be simple enough to navigate without a lawyer, there are still instances where a dispute may become complex enough that hiring a lawyer is worth it. One example of this is where there is disputed responsibility or liability, meaning the defendant does not agree that it is in breach of certain obligations (or at fault). This may require obtaining expert evidence. Counterclaims also make matters more complicated because they are claims that the person who is being sued in the initial claim makes against the party suing them. Further, if there are evidence issues, it can become difficult to figure out what is good evidence for your case. If the opposing party lawyers up, this may also be incentive to hire your own lawyer, so you are not at a disadvantage. Another consideration is whether there is a chance your claim might exceed the CRT or Small Claims ceiling. If it is a possibility that your claim may need to be brought in Supreme Court, navigating the Supreme Court system may prove to be more of a challenge. These are all issues a lawyer can help you with.
Strata matters
Strata matters are typically initially addressed by the CRT. The CRT can help resolve a number of strata dispute issues including, non-payment of strata fees, non-enforcement of strata bylaws, and issues regarding common property. That being said, the CRT cannot address certain issues, such as matters that affect land, specific significant issues in a strata complex, and disputes outside of their jurisdiction (i.e. outside BC, claims against the government, etc.).