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Small Claims Litigation:
The BC Small Claims Act gives the Provincial Court of British Columbia jurisdiction over civil claims for debt or damages, recovery of personal property, relief from opposing claims to personal property, and specific performance of agreements involving personal property or services, to a monetary limit of $
25,000. Although this court may be less formal than Supreme Court litigation, the assistance of legal counsel through the channels of law can help steer you in direction you want to
go.
D. Gosal & Associates has successfully represented clients in Small Claims Court. We can be hired to assist you in your litigation needs, including assistance with your Notice of Claim, Reply, Summons, Counterclaim, Application to a Judge or Registrar, Default Judgment, Process Serving, Settlement Conference, mediation, trial, post-trial motions, appeals, and case law research. We can also be hired to assist you in enforcement of judgments, garnishment orders, etc.
The vast majority of cases tend to settle, either through Mediation or a Settlement Conference. This is where we can help you as well. It is important to ensure that your legal arguments, documents, evidence (forensic or otherwise), and theory of the case are ready so that your position is presentable in a clear, concise, manner: one that is easy for the mediator or judge to understand. The strength of your advocacy at these early stages can help you come to an early and favourable resolution: saving your time, judicial time, and attorney fees. It can also focus the issues, and set the tone for trial.
Typical cases in Small Claims can include debts, loans, personal injury (slip and fall, dog bites), business and contract disputes including service contracts, and construction contracts. ICBC Personal injury claims can also be brought in Small Claims. ICBC can and does deny claims based on its policy of “no crash-no cash.” In what they term as Low Velocity Impact, or “LVI” claims, they may deny you compensation, for your pain and suffering, and wage loss, based on their “theory” that no injury could have resulted from a minimal impact crash. The LVI theory is not a principle of Law, and can be contested in Small Claims Court, particularly when there is medical evidence that supports you.
At D. Gosal & Associates, we can offer a free initial consultation on your Small Claims case, and provide you with options for a “flat-fee” legal service, which allows you to know ahead of time what your legal fees will be. That way, you have no surprises about legal bills.
The Small Claims Court is one of “limited jurisdiction,” and thus not have authority to grant remedies affecting an interest in land, bankruptcies, trademarks, wills and estates, libel, slander, malicious prosecution, residential tenancy (though orders may be enforced in Provincial Court), and almost all builders’ lien matters.
General Litigation:
We also provide legal services for the following areas:
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Defamation
Cases: involving either Libel or Slander;
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Construction Trade Debts;
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Debt Claims: Personal and Company;
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Property Loss: Water Damage ;
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Disputes over Home Insurance Companies;
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Insurance Law;
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Uncontested Divorces;
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Personal Injury, including ICBC;
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Civil Suits for Assault & Battery;
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Dog Bites;
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Slip & Falls;
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Landlord-Residential Tenancy Claims;
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Fraud Embezzlement.
Administrative Law:
The Administrative Tribunals Act, S.B.C. is akin to the US Administrative Procedures Act, and assists in applying some consistency of procedural and substantive matters that arise in quasi-judicial bodies. Questions of appellate and judicial review by Supreme Courts (akin to Article III courts) are also contained in the Judicial Review Procedure Act, R.S.B.C.
BC Human Rights Tribunal
The B.C. Human Rights Tribunal is a quasi-judicial body created by the B.C. Human Rights Code, R.S.B.C. The Tribunal is mandated with the responsibility for accepting, screening, mediating and adjudicating human rights complaints in British Columbia.
A complainant files a Complaint, in which the Respondent replies to the allegations contained in the Complaint. If the matters between the parties are not resolvable, then a hearing, much like a trial can occur. You have the right to retain and instruct counsel to help advance your position at settlement hearings, or at the hearing.
The Tribunal appoints a “Member” who is an impartial and independent decision-maker, who has a duty to conduct a fair hearing and provide reasons for the parties. The Member is very much like a Judge in a regular court, or an “ALJ” in US Administrative bodies.
The Member can base his or her decision on the written materials filed, or in some circumstances, an Oral Hearing Notice and Hearing are conducted.
It is important to frame your Complaint, or your Response to a Complaint with the relevant and material facts, and to put forth your claim or defence in a manner that the Member can easily digest.
Upon receiving a Complaint and a Response to a Complaint, the Tribunal will make a decision as to whether the case will be heard in the “Standard Stream,” or the “Case-Managed Stream” for more complex litigation before the Tribunal.
There are extensive Rules of Practice and Procedure and provisions in the Code on how to conduct substantive and procedural aspects before a Tribunal.
There can be a Settlement Meeting, Pre-Hearing Conferences, and the Hearing of the Complaint. There are strict limitation for filing of Witness (Expert and Lay) Witness Lists and Disclosure of Particulars. There can also be a number of Applications before the Tribunal.
We can also help you with all of these matters.
Employment Standards Branch
The Employment Standards Branch, is a division of the provincial government that administers the Employment Standards Act, R.S.B.C., and its regulations, which sets requirements for the workplace.
There is a minimum wage in British Columbia, which varies according to your status as an entry level worker (less than 500 hours), or non-entry level worker. You can also get paid for overtime hours. You can also enter into an Averaging Agreement, where both the employer and employee agree to average the hours worked over several weeks.
BC is known for its rich fruits and vegetables, and many people employ or are employed in the farm working area. The Government has set in its regulations minimum wages for farm workers on piece work basis. An example for 2005 is:
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(a) apples |
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$15.60 a bin (27.1 cu. ft.); |
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(b) apricots |
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$17.94 a 1/2 bin (13.7 cu. ft.); |
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(c) beans |
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$0.214 a pound; |
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(d) blueberries |
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$0.362 a pound; |
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(e) Brussels sprouts |
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$0.149 a pound; |
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(f) cherries |
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$0.205 a pound; |
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(g) grapes |
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$16.58 a 1/2 bin (13.7 cu. ft.); |
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(h) mushrooms |
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$0.215 a pound; |
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(i) peaches |
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$16.58 a 1/2 bin (12.6 cu. ft.); |
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(j) pears |
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$17.56 a bin (27.1 cu. ft.); |
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(k) peas |
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$0.267 a pound; |
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(l) prune plums |
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$17.56 a 1/2 bin (13.7 cu. ft.); |
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(m) raspberries |
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$0.326 a pound; |
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(n) strawberries |
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$0.314 a pound. |
Farm contractors also have certain duties under the regulations.
An employee may have benefit of paid stats in some circumstances. The Statutory Holidays in BC are: New Years Day; Good Friday; Victoria Day; Canada Day; B.C. Day; Labour Day; Thanksgiving Day; Remembrance Day; and Christmas Day.
An employee may also be able to avail themselves of Vacation Pay under some circumstances, even if that was not part of the contract between you and your employer.
There may also be opportunities for Pregnancy Leave, Parental Leave, Jury Duty, Family Responsibility Leave, and Bereavement Leave.
You can retain our law firm to assist you in your case, whether you are an employer defending a Complaint, or an employee brining a Complaint. This can help you focus your case on the merits, and obtain a better picture for settlement of issues, and possible contested hearings.
It is always a good idea to have a written contract agreement between employer and employees. We can assist you by drafting Employment Contracts as well.
There are also strict time limitations in this area of law for bringing claims, and you must act quickly to preserve your rights.
Employment Standards Tribunal
The Employment Standards Tribunal is created by the Employment Standards Act, R.S.B.C., and the Tribunal conducts the appeals of decisions made by the Director of Employment Standards.
Once a Determination is made by a Director or Delegate of the Director, you can appeal the decision if there is an Error in Law, or the Director failed to observe Principles of Natural Justice and coming to a Determination; or there is New Evidence that comes to light at the time the Determination was made (akin to a Motion for reconsideration).
We can act for the Appellant (the party bringing forward the application), or the Respondent (the party responding to the application). We can help establish the factual basis, and what assist in framing the grounds for appeal, or the defence of that appeal.
Again, there are strict time limitations to provide the Appeal Form, so contact counsel without delay, or else your claim may be barred for untimeliness.
The Tribunal appoints a “Member” who is an impartial and independent decision-maker, who has a duty to conduct a fair hearing and provide reasons for the parties. The Member is very much like a Judge, in a regular court, or an “ALJ” in US jurisprudence.
The Member can base his or her decision on the written materials filed, or in some circumstances, an Oral Hearing Notice and Hearing are conducted. The Member can ultimately Cancel, Confirm, Vary, or Refer the matter back to the Director.
We can also assist in legal research of past decisions, on Quicklaw databases, to determine if there are principles in law, or past cases with similar factual or legal issues.
Residential Tenancy Act, SBC
Is the provincial legislation, along with regulations, governing residential tenancy disputes between landlords and tenants. One cannot contract out of the provisions of the Act. We can be retained to assist you in dealing with issues of safety and pet deposits, repairs and maintenance, and termination of tenancy. We can also assist you in formal proceeding for dispute resolution, including arbitration, and contested hearings at the Residential Tenancy Office.
Judicial Review Procedure Act, RSBC
Is a provincial law that allows for review of decisions by Administrative bodies to the regular courts. An application is on originating application and must be brought by way of Petition in BC Supreme Court. Under section 2 of the Act, the Court may grant a number of remedies, including relief in the nature of Mandamus, Prohibition, or Certiorari.
The BC Supreme Court is a court of general jurisdiction, and has wide powers Set Aside Decisions, make Interim Orders, or to Direct a Tribunal to Reconsider and Determine in general, or on a specified matter, the whole or a part of which the Application for Judicial Review relates too.
However, there are specific requirements to comply with filing a Petition, and Notice to the Attorney General, and parties. We can be retained to take conduct of your Petition for Judicial Review.
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