This blog explains some of the differences between the two court levels and highlights some things to consider when deciding where to file.

When Should I File in Supreme Court?

For many family law issues, you can file a claim in either court. These issues include protection orders, parenting disputes, child support, and spousal support. However, you can only file some issues in Supreme Court. The most commonly arising issues that can only be addressed in Supreme Court are divorce and division of assets/debts.

If your situation involves issues that have to go to Supreme Court and those that do not, it may make sense to file everything in Supreme Court. While things can technically be split up and addressed in two different courts, this often leads to a duplication of preparation time and resources.

When Should I Split Up My Claims?

In some contexts, it’s possible that splitting up the claims could make sense. The factors to consider, discussed in the section below, would be similar to those that are in play when deciding between courts. 

Note that some complications can arise if claims are started in different courts and professional legal advice should be sought before going this route. For example, if certain underlying evidence is the same and would need to be assessed in different courts, there can be contradictory results. The procedure for addressing these problems can itself be lengthy and complex, so it is important to be informed!

Some Differences Between the Provincial and Supreme Courts

Costs Awards

Supreme Court allows an opportunity for a successful party to try and obtain an award of costs — funds payable by the other side, meant to contribute toward the cost of the court process. Of course, it also presents a risk of having to pay costs if you are unsuccessful. Provincial Court, with some exceptions, does not generally have a practice of awarding costs.

Accessibility for Self-Represented Individuals

Provincial Court endeavours to make its processes more user-friendly for those without lawyers. While it can still be confusing, it is geared to allow laypeople to navigate with no or little assistance.

Location

There are many more Provincial Court locations in BC. If you expect to have a lengthy proceeding about an issue that can be dealt with in Provincial Court, you may wish to save yourself a potentially lengthy commute and choose a courthouse closer to home.