The Litigation Process for Family and Estate Disputes in BC
Onyx Law Group · Vancouver, British Columbia
Litigation sounds like it means a trial, but most cases never reach one. The process is a series of stages, and the parties can settle at almost any point along the way. Knowing the shape of it makes the road ahead feel less daunting.
A file usually starts with pleadings, the documents that set out each side’s position and what they are asking the court to do. From there the parties exchange relevant documents and information, a stage known as discovery, which can include examinations for discovery, where a party answers questions under oath. Along the way there may be applications to the court to decide specific issues before trial.
Negotiation and mediation run alongside these steps, and many family and estate disputes end in a settlement rather than a judge’s decision. If a matter does not settle, it proceeds to trial, where each side presents its evidence and the court decides. Our Vancouver estate litigation lawyers guide clients through each stage.
Key points
- Litigation moves through stages: pleadings, discovery, pre-trial applications, and, if needed, trial.
- Discovery is where the parties exchange documents and answer questions under oath, and it often shapes how the rest of the case unfolds.
- Negotiation and mediation happen alongside the formal steps, and most disputes settle before trial.
- Trial is the final stage, reached only when the parties cannot reach an agreement.
Learn more
Read more about how we run these files on our Vancouver estate litigation lawyer page, or get in touch with a question.
Wondering what your case would actually involve? Book a consultation with Onyx Law Group to walk through the process, contact us here.
Frequently Asked Questions
Does litigation always mean a trial?
No. Litigation is a series of stages, and most cases settle before trial. The parties can reach agreement at almost any point along the way, so starting a court action does not commit you to a full hearing.
What are the main stages of a court case in BC?
A file usually begins with pleadings, the documents that set out each side’s position and what they ask the court to do. The parties then exchange relevant documents and information, a stage called discovery that can include examinations for discovery under oath. Interim applications may deal with urgent issues along the way, and if the matter does not settle, it ends in a trial.
What is discovery?
Discovery is the exchange of information before trial. Each side must disclose relevant documents, and in many cases a party can be questioned under oath at an examination for discovery. It is how both sides learn the strengths and weaknesses of the case, and it often sets the stage for settlement.
When can a case settle?
At almost any stage. Settlement can come through direct negotiation, a mediation, or a judicial settlement conference where a judge helps the parties explore resolution. The Supreme Court Family Rules and Civil Rules encourage settlement, and a resolution by agreement spares the parties the cost and uncertainty of a trial.
Onyx Law Group represents clients in family law throughout British Columbia, estate and trust litigation, estate planning and probate matters. Consult with our experienced BC team at
(604) 900-2538