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Moving Down to Small Claims Court
So you are injured in a BC car accident and start an ICBC claim. ICBC makes an inadequate settlement offer for your pain and suffering and you start a lawsuit in BC Supreme Court. Then, your injuries take a turn for the better and you realize your claim can adequately be dealt with more efficiently in Small Claims Court. Can you apply to move your claim down? Absolutely!
Section 15 of the Supreme Court Act allows for such an application. Specifically, s. 15 reads as follows:
Transfer to Provincial Court
15 A judge or master may transfer proceedings to the Provincial Court of British Columbia if
(a) the proceedings are within the jurisdiction of the Provincial Court under the Small Claims Act,
(b) a party to the proceedings applies to the judge or master, or all parties to the proceedings agree to the transfer, and
(c) the judge or master considers it appropriate to do so.
Both Supreme Court and Small Claims Court have their own strengths and weaknesses as forums for advancing ICBC injury claims. The decision of which court to sue in is not always an easy one and it is a good idea to get a free consultation with an ICBC claims lawyer before deciding how to proceed. It is reassuring, however, to know that after you start in Supreme Court you can bring an application to transfer the proceeding to the lower court.
Today, reasons for judgement were released allowing just such an applicaiotn that is worth reviewing for anyone involved in an ICBC Supreme Court claim that is considering moving down to the Provincial Court.
Tags: bc personal injury lawyer, bc provincial court, BC Supreme Court, free icbc lawyer consultation, ICBC claims, icbc claims lawyer, transfer of case to small claims court
This site is created by MacIsaac & Company, a British Columbia Personal Injury Lawfirm. This website is not affiliated in any way with the Insurance Corporation of British Columbia (ICBC).This web site is made possible through funding provided by the British Columbia law firm MacIsaac and Company. bc-injury-law.com is designed to empower individuals to better understand their ICBC Claim and the process involved in dealing with ICBC. This web site is offered for information only and is not claim-specific legal advice. Use of the site and sending or receiving information through it does not establish a solicitor / client relationship. Links to and from this website do not state or imply a relationship between MacIsaac and Company and the linked entity.