Civil Litigation and Insurance Claims
Civil litigation refers to the court process occasionally required to obtain a legal remedy when a person’s rights have been infringed upon or injury or loss caused to a person by the actions of others.
Court is the forum and the process by which such claims are brought for a vindication of the claimant’s rights.
The subject matter of a civil court proceeding can be as varied as the collection of a debt, the settlement of an insurance claim, compensation for injuries caused by the negligence of others, the breach of a contract in a business transaction, and so on.
Besides the courts, various tribunals and boards have been established under both Federal and Provincial legislation to adjudicate and determine various claims of rights.
This can include the following:
- Injured worker’s rights to compensation benefits.
- Employee rights in wage matters or the receipt of Employment Insurance benefits.
- Landlord and Tenant issues.
In addition to decisions made in the first instance in such cases, rights of appeal of unfavourable decisions are often governed by processes and in a forum mandated by statute or regulation.
Small Claims Court of New Brunswick and The Court of Queen’s Bench
In New Brunswick, there are two courts that have jurisdiction to hear civil claims: The Court of Queen’s Bench (Trial Division) which has original jurisdiction to hear any civil claim regardless of monetary limit, and the Small Claims Court of New Brunswick, whose adjudicators currently hear civil claims for debt or damages that do not exceed $20,000.00.
While the Court of Queen’s Bench has the jurisdiction to hear any claim that could be brought to the Small Claims Court of New Brunswick, the rules of the Court of Queen’s Bench allow a discretion to deny even a successful party court costs in circumstances where the claim should have been brought to the Small Claims Court of NB.
Conversely, any claim can be brought to the Small Claims Court of NB if the claimant elects to waive entitlement to any amount in excess of the court’s $20,000.00 claim limit.
The rules of the Small Claims Court of NB are simplified and the exposure to an award of costs against unsuccessful litigants, whether claimant or defendant, is significantly limited. The rules of Court of Queen’s Bench, on the other hand, dictate that normally “costs follow the event,” meaning the loser of the case (whether plaintiff or defendant) must pay some but not usually all of the winner’s legal costs.
For monetary claims in excess of $20,000.00 but not exceeding $75,000.00 a simplified procedure is available in the Court of Queen’s Bench which is designed to make the scheduling of hearing on an expedited basis.
Claims for the repayment of debts or for compensation for injuries suffered through the negligent acts of others, claims based on a refusal by insurers to out valid insurance claims, injury and loss resultant from a failure by a party to a contract to perform their obligations under such contract, and other similar violation of legal rights are the sorts of legal matters that can be made the subject of a legal proceeding that seeks a court-ordered remedy.
Insurance Claims
At times, insurance claims are denied or benefits refused under a policy of property, auto, or disability insurance. At times, person begin receiving benefits under a policy of disability insurance, only to have these benefits stopped by the insurance company. Such refusals to pay by insurance companies are often contrary to the insurer’s obligations under the policy of insurance, which refusal to pay or discontinuance of benefits may constitute a breach of the contract of insurance, giving you specific legal rights. If you believe that you are insured under a policy of insurance, which claim has been denied, a consultation to determine your rights and remedies is highly recommended as soon as possible after a denial of a claim. The Insurance Act typically imposes a one year time limit on the initiation of such court claims, so prompt action after a denial or refusal of a claim is imperative.
Getting Started
Before commencing or defending any legal proceeding, whether in the Court of Queen’s Bench or Small Claims Court of NB, a consultation with a lawyer may be highly advantageous. A lawyer can assist in advising you of your legal rights, evaluating your chances of success, and advising you on practical matters of forms and procedure, even in circumstances where you ultimately wish to pursue the claim on your own behalf such as in small claims court.
If you believe that your legal rights have been compromised by the actions of others, An initial consultation to discuss whether this method of billing is appropriate for your legal matter can be booked through this website or by contacting our offices.
Appointments can be pre-booked through our website and are available in the office, by telephone, or by Zoom meeting.