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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  23 years in practice
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I have today been given leave by a judge at a settlement conference

Customer Question

I have today been given leave by a judge at a settlement conference to transfer a case for personal injury from the small claims court to the Supreme Court. Nothing has been heard. I want to add a defendant , submit more medical evidence an ask for more money. Surely I need to withdraw the case from the small claims court and make a fresh claim at the Supreme Court. I did not find the judge amenable to explaining this process. They seemed to be saying that I need to apply to the Supreme Court to transfer the case. I need an explanation as to how I do this and alter the case accordingly.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Tom B. replied 1 year ago.

Tom Law :

Hello

Tom Law :

The first thing is that the Provincial Court Judge would have made a transfer order. You need a certified true copy if that and of the pleadings. Those can all be had at the Small Claims Registry.

Tom Law :

Those documents are then filed at the Supreme Court Registry. In larger towns and cities, it could be at the same registry counter.

Tom Law :

The instructions are located at Rule 19-1 of the Supreme Court Rules. Here is a link.....

Tom Law :

http://www.bclaws.ca/EPLibraries/bclaws_new/document/LOC/freeside/--%20C%20--/Court%20Rules%20Act%20RSBC%201996%20c.%2080/05_Regulations/17_168_2009%20Supreme%20Court%20Civil%20Rules/168_2009_02.xml#rule19-1

Tom Law :

You will note that after filing, an amendment must be made to the Notice of Claim and when so done, that document is deemed to be a Supreme Court Notice of Civil Claim.

Expert:  Tom B. replied 1 year ago.
I had to change formats as some of my typing disappeared in Chat mode.

Once you have filed the pleadings, you will have to ask the Supreme Court to add a party. That is done under Rule 6-2. Here is a link.....
http://www.bclaws.ca/EPLibraries/bclaws_new/document/LOC/freeside/--%20C%20--/Court%20Rules%20Act%20RSBC%201996%20c.%2080/05_Regulations/17_168_2009%20Supreme%20Court%20Civil%20Rules/168_2009_02.xml#rule19-1

You do not have to formally ask for more money. The transfer is because you COULD GET more money than the Provincial Court is allowed to order. So at the end of the trial, the Judge will decide what the proper amount of money is. That of course is about the evidence. We do not have to ask for a specific figure in Canada.

Please let me know if you require and clarification. I hope I have answered your question and that you consider rating my answer well.

Sincerely,

Tom
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2139
Experience: 23 years in practice
Tom B. and 3 other Canada Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you Tom, the judge and the clerk at the settlement hearing did know this.

Expert:  Tom B. replied 1 year ago.
Good luck my friend.

Tom

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