Notice of Civil Claim (BC)

Summary

This precedent is a notice of civil claim by a passenger who was injured in a motor vehicle accident, pursuant to the Supreme Court Civil Rules, B.C. Reg. 168/2009 (Rules). The notice sets out the details of the accident, the injuries to the plaintiff, the relief sought in the form of damages, interest and costs and the legal bases for the claim. This precedent includes practical guidance and drafting notes. From a drafting perspective, the pleading should be tailored to the material facts and theories that will drive liability and damages, while complying with the Rules' content requirements for a Form 1 notice of civil claim (material facts, relief sought, and concise legal basis) and the general pleading rules (e.g., plead facts – not evidence; do not plead the quantum of general damages). Counsel should ensure proper identification of parties (e.g., driver, owner, and any other potentially liable persons), plead any statutory duty allegations only to the extent they are factually ...