FAQs About General Litigation
Frequently asked questions, to help you understand your options when you are seeking legal advice for General Litigation.
COURT - What is the difference between Small Claims Court and the BC Supreme Court
In BC, there are two common places where you can sue someone; either in Small Claims Court or in Supreme Court.
Small Claims Court is used when the Plaintiff’s (individual starting the action) claim is under $35,000.00. Small Claims Court is less expensive, less formal, faster and simpler procedures. The Supreme Court is for disputes over $35,000.
The Supreme Court often takes longer and has a more complicated procedure. In both court systems, it is beneficial to have a lawyer because they know the procedure and proper documents to successfully pursue a claim.
EMPLOYMENT - I have just been fired. What are my rights as an employee?
An employer can fire an employee as long as they have given reasonable notice or have ‘just cause’. Just cause means that they have a reason to fire you, such as conduct that is of a serious nature that breaks the employment relationship or contract.
If there was no notice nor just cause, the employer must provide you with severance pay. If severance pay has not been given, this is called “wrongful dismissal”.
If you are unsure if your employer has taken adequate steps prior to dismissal, set up a free consultation with a lawyer to find out whether you have grounds for a wrongful dismissal claim.
CONTRACT DISPUTE - I have an unwritten contract with someone and now I am in a dispute. Is the other party obligated to the contract
An oral contract can be enforceable by law. For an unwritten contract to be binding between the two parties it needs to have 3 things:
- An offer made;
- Acceptance of an offer,
- Mutual agreement of the terms and consideration for the offer (i.e. exchange of money, payment, right, interest, profit or benefit).
Supporting documentation is critical when having an unwritten contract. Supporting documentation may include invoices, receipts, and email conversations.