The Provincial Court
The Provincial Court is known as the ‘people’s court’, meaning you do not always need a lawyer to advance your claim because Rules are relaxed…but many people refer to it as a ‘zoo’ because anything goes, time is limited and your case may not be properly heard.
Lawyers generally prefer to litigate in the Supreme Court because they think it is more organized and ‘academic’. This does not mean you cannot get justice at the Provincial Court, just that you may not always feel you are properly heard due to the high volume of cases.
Remember, the Provincial Court can mainly only deal with:
- Parenting Time and Parental Responsibilities;
- Child Support; and
- Spousal Support.
The Provincial Court cannot deal with divorce or property/debt division. For those issues, you will need to advance a claim at the Supreme Court or have all matters including the 3 mentioned above at the Supreme Court at once.
Commencing Your Claim at the Provincial Court of BC
- To begin, you must file An Application to Obtain an Order found here. In this form, you can ask for various orders such as the main ones mentioned above.
- Your spouse will have 30 days to respond to your Application. The form is found here.
- The court will then provide you with a date for your ‘first appearance’. On this date, both you and your spouse and perhaps your lawyers will have to attend to discuss some procedural or organizational matters. Often the judge will set a date for a Family Case Conference or a Hearing.
- A Family Case Conference is like a settlement conference where you, your spouse, lawyers and the judge will sit in an informal setting and see if you can settle your case.
- If your case can’t be settled at the FCC, then the judge will direct a Hearing or Trial of your case.
- You will then have to prepare for trial, serve any documents you intend to rely on 7 days before the hearing, etc.
- Next, you are in trial and have to direct examine, cross-examine and generally present your case in front of a judge and obtain a final resolution for your case.
This article is for information only and does not constitute legal advice. It does not create a lawyer–client relationship with YLaw or any of its lawyers. Laws and policies change, and information here may not reflect the most current legal developments. For full details, please contact us to obtain advice about your specific situation.