Lesson 9: Provincial Court of BC

Assessment

Activity 1: Introduction to the Provincial Court of BC

Students are only required to watch a video, so no assessment is required unless you want them to take notes and hand those in for marks.

Activity 2: Testing Knowledge on the Provincial Court of BC

Once students have completed Handout 2: Which Division of Provincial Court? it can be submitted for marks. The answer key is below.

Answer Key: Handout 2: Which Division of Provincial Court?

  1. Anne is caught shoplifting CDs.
    Criminal Division
  2. Mark is 17 years old and is charged with break and enter.
    Family and Youth division
  3. Sheryl would like to dispute the fine she received for walking her dog without a leash.
    Traffic and By-Law Division
  4. Sienna’s fence was damaged by two kids. The damage amounted to $1,500.00.
    Small Claims division
  5. A 14-year-old Sarah Jones is charged with assault.
    Family and Youth Division
  6. Mr. and Mrs. Thompson take the contractor of their home renovation to court for the loss of $9,000 because the contractor did not complete the renovation.
    Small Claims Division
  7. Jason’s neighbor, Mr. Lee, damaged his fence. It cost $1200.00 to repair.
    Small Claims Division
  8. Philip received a ticket for speeding and would like to dispute it
    Traffic and By-Law
  9. Maki was caught smoking marijuana at the park and was charged with possession.
    Criminal
  10. John and Mary are arguing over their separation agreement and who is to have custody of the children.
    Family and Youth

Activity 3: Court Processes for Small Claims

Students can submit Handout 3: Small Claims Processes for marking once it is complete. The answer key is below.

Answer Key: Handout 3: Small Claims Processes

  What is it? Who Decides the Case? What Happens?
Summary Trial Length of process: 30 minutes Deals with legal matters involving loaning money or extending credit (i.e. credit card debt, overdue loans and overdraft). The claim must be under $25,000. This type of trial is only available at the Robson Square Registry. Judges The judge may ask you to explain your case, respond to the other party and call witnesses. You will be asked to take an oath or to affirm that you will tell the truth before giving your evidence. At the end of the trial, the judge will make a payment order, dismiss the claim or order that the claim be sent to mediation or a trial conference.
Simplified Trial Length of process: 1 hour

 

All claims up to $5,000 – except financial debt claims under Rule 9.2 and personal injury claims – go to a simplified trial. A justice of the peace (an experienced lawyer), who can also be called an adjudicator At the beginning of the simplified trial, the adjudicator will ask you to take an oath or affirm that you will tell the truth. You or your lawyer will be asked to state the facts related to the claim, file any documents on which you rely, and respond to the other party. The adjudicator may ask you questions, ask you to swear to the truth of your trial statement, permit witnesses, and allow you or your lawyer to ask the other party questions.
Mediation Length of process: About 2 hours Mediation is alternative to court, where a third party assists the parties to settle their dispute. The two parties make a decision together, with the help of a mediator At the mediation, the mediator and the parties sit around a table in a mediation room. During the meeting, the mediator will review the agreement to mediate and answer any questions about the process. The mediator helps to guide the discussion so everyone has a chance to speak. If the mediation does not work, the next step will be to go to a settlement conference.
Trial Conference Length of process: 30 minutes All cases in Small Claims Court must be heard in a trial conference if they have not already been resolved in a previous step in the court process. Judges The judge reviews the claim, determines the amount of time needed for trial, and may make other orders for the hearing of the trial.
Trial Length of process: Less than 2 hours (usually) A trial is where the judge makes a binding decision after hearing from both parties. All Small Claims Court cases go to trial if they have not already been resolved earlier in the court process. Judges Both parties tell their versions of events to the judge. The judge may ask you questions, permit witnesses and allow you or your lawyer to ask questions of the other parties and their witnesses. The other party may also ask questions of you and your witnesses.