File and serve claim

The claimant files a Notice of Claim and Sheriff Department serves it on the Defendant.

The filing fee is $75.

The defendant has the opportunity to respond

The defendant may pay the amount claimed directly to the Claimant, admit the claim and propose a payment schedule, admit part of the claim and request mediation, or dispute the claim and/or counterclaim.

To do any of the above, the Defendant has to file a Reply with the Court.

Application for default judgment

If the defendant does not file a Reply with the Court, the Claimant can apply to have a default judgment.

Mandatory Mediation

The main purpose of mediation is to facilitate settlement. If settlement is not possible, mediation is used to narrow the issues and help the parties prepare for trial.

Offers to Settle

A party can make an offer to settle. If the offer is accepted, the case ends without a trial. If a party breaches a term of the settlement, the settlement can be enforced by the Court.

Withdrawal of the Claim or Counter claim

A party who wishes to withdraw his or her claim must serve a Notice of Discontinuance on the other parties.

Award of a default judgment

If the defendant does not appear on the date set for the hearing, the Court may award a default judgment in regards to the claim.

Judgment

If there is a trial and both parties appear, the judge will hear the case of both the Claimant and Defendant and will make a judgment using the information presented.

Application to set aside a default judgment

When there is a default judgment, the party who failed to appear at the hearing (in respect of the claim filed) can apply to have the judgment set aside.

Appeal to a higher court

The appellant, or party who appeals the decision of the lower court, can appeal to Court of Appeal.