BC: Small claims court to move faster
By Mario Cywinski | December 8, 2007
BC: Faster trials, night court, and mediation are in the works to make the province's small claims courts run smoother.
The Government of British Columbia and the Province's courts are piloting a project that will allow the justice system in Vancouver and Richmond to have less back ups.
Under the new project all plaintiffs who have claims $25,000 or less filed in downtown Vancouver through the Robson Square court registry, will then be put into one of four streams which want cases to be mediated instead of going to trial.
In turn, cases focusing on financial debt (recovering credit card debts, loans or overdrafts) of $25,000 or less, are to go before a judge for a trial.
Next, for claims of $5,000 or more, as well as personal injury cases, two-hour mediation sessions will be held. This service will be provided by the BC Dispute Resolution Practicum Society, and are free to both parties.
For those who can not solve their dispute through mediation, they will then go before a judge, who will decide how much time and what evidence will need to be presented. The judge can dismiss any claims that he or she believes lack legal grounds.
Finally for cases which focus on claims of $5,000 or less, and do not include debt or personal injury, they will not be heard in front of a judge.
These one-hour cases will be heard by an experienced lawyer who is also a justice of the peace. This is where the night court will be put into use at the Robson Square court registry, while during the day these cases will be heard at Richmond Provincial Court.
The project will be expanded to other locations in the province if it is successful.
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