DERPAK WHITE SPENCER LLP

901-1788 West Broadway

Vancouver, BC

V6J 1Y1

Phone (604) 736-9791

Fax (604) 736-7197

 

Starting a Lawsuit in British Columbia

In order to start a lawsuit here in British Columbia we require the following:

The Background Facts

We need to gather all of the available facts from the client and also review all of the client’s relevant documents (contracts, work orders, invoices, credit applications, account statements, etc.). Preferably you will provide us with a written chronology of the facts.


The Proper Legal Names of the Defendants

We will need the defendant’s proper legal names and addresses. If the defendant(s) is a company, it will be necessary to conduct corporate searches to determine the defendant’s proper legal name.


Information about the Defendant’s assets

Any information you have about the defendant’s assets should also be provided. This information could include:

• do they own real estate

• where do they bank (do you have a copy of a cancelled cheque)

• where do they work

• if they are a business, who are their customers

We can do searches in the Land Title Office to find out if the defendant owns any real estate as well as in the Personal Property Registry to see if they have any personal property (ie. a car) which could be seized.

This information can held you decide whether it is worthwhile to pursue the matter. It can also help us to decide whether or not it would be worthwhile to take steps before judgment to try and secure payment such as a garnishing order.

A Retainer

We will require a retainer from the client before we file a lawsuit. In most cases, the out of pocket costs to start a lawsuit (filing fees, search fees, service fees, etc.) will be in the range of $300 to $500.

The amount of retainer we require will vary depending on the size and complexity of the matter. We will discuss the amount of retainer with you before we are retained.

 


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