Supreme Court of Canada

Question 1

Civil Cases

Answer 1

Supreme Court judges hear cases involving civil matters such as bankruptcy, personal injury claims and contract disputes, as well as judicial reviews of administrative tribunals like the Worker’s Compensation Board. Cases
of libel, slander and malicious prosecution are also heard in this court.
The judges also make orders about divorce matters such as the division of family assets and custody of the children.

Question 2

The Process

Answer 2

Typically, to start a civil claim, a plaintiff or petitioner files a Writ and Statement of Claim or a Petition.
- defendant or respondent must then reply in order to dispute the case.
- Parties usually represented by a lawyer,
Court documents from the plaintiff and the defendant must be filed at the
court registry.
- registry staff reviews the documents to make sure they
are in the correct form.
If you are claiming monetary damages over $25,000, you usually file a civil claim in the Supreme Court.
- If the amount is $25,000 or less, you would normally start the case in Small Claims Division of the Provincial
Court.

Question 3

Decisions and Settlements

Answer 3

Sometimes, civil trials, such as personal injury claims, are held before a judge and jury.
- A jury in a civil trial has only eight members and they do not have to reach a unanimous decision, as long as 75% (or six out of eight jurors) agree on the result after at least three hours of deliberation.
- The jury can also make decisions on the amount of damages awarded in a case.
-many civil cases are settled before going to trial. The parties to the lawsuit can agree at any time to settle their dispute without going to court. A court case can
be lengthy and expensive, so a settlement can work well for both parties. Settlements can also take place during the trial.

Question 4

Criminal cases

Answer 4

• The Supreme Court judges also hear serious criminal matters such as contempt of court, murder, manslaughter, aggravated assault, bank robbery and major drug cases.
• Once a person is charged with these crimes, the case will go to trial. The accused cannot decide to settle as in civil disputes.
• Only the Crown counsel has the power to drop the case.

Question 5

Preliminary Inquiry

Answer 5

• most criminal cases, a preliminary inquiry is held in Provincial Court before the case is heard in Supreme Court.
• the accused does not have to present any evidence.
• The Crown must prove that there is enough evidence to commit the accused to trial in Supreme Court.

Question 6

When are there 8 jurors and when are there more?

Answer 6

A civil jury has 8 jurors and

A criminal jury has 12 jurors.

Question 7

Judges and Masters

Answer 7

The Supreme Court Act passed by the Government of BC specifies that there will be 86 judges plus the Chief Judge and Assistant Chief Judge. As well, there are always a number of supernumerary or half time judges.
The Supreme Court judges sit in eight judicial districts, traveling around the province on circuit through the year.

The court also employs Supreme Court Masters who deal primarily with pre-trial matters in chambers. Masters are addressed as Master before their surname (Master White) outside of court and as ‘Your Honour’ in court.

Question 8

Trials

Answer 8

In most cases, the judge or master will only make an interim order and will not give the final judgment in the case.
A final decision will be made by a Supreme Court judge at trial.
To come to a decision, the court considers the evidence presented in a case, along with statute law, the Rules of Court, regulations and case law.
It is very important that judges and masters follow the law as set out in previously decided cases.
Rules of Court govern the conduct of the case from filing the initial court documents to the conclusion of the case.