Can I represent myself in a BC Supreme Court lawsuit, and what are the drawbacks and costs?

Can you represent yourself? Yes. 

You have the right to represent yourself in BC Supreme Court. No one can require you to hire a lawyer. People who run their own case are often called self-represented litigants, and the court works with them regularly.

So when people say "you need a lawyer," they usually don't mean you're not allowed to represent yourself. They mean that Supreme Court lawsuits can be complex, and property disputes involve real money and your home. Here's what to consider before deciding whether to proceed on your own.

The main drawbacks

You're held to the same rules as a lawyer. Judges can explain how the process works, but they can't give you legal advice, argue your case for you, or relax the rules because you're self-represented. You'll still be expected to know the Supreme Court Civil Rules — the forms, the steps, and the deadlines. Missing a step can delay or weaken your case.

Expert evidence has special requirements. A surveyor's report will often be important evidence in an encroachment case. Depending on how it's being used, it may need to comply with the court's rules for expert evidence. Those rules include requirements about the form of the report, the expert's duty to the court, and when the report must be served on the other parties. If those rules aren't followed, a judge can refuse to admit the report. This is one of the most common ways self-represented people run into trouble.

A survey doesn't necessarily determine the outcome. Even if a survey shows that an encroachment exists, that doesn't automatically mean the court will order it removed. Under section 36 of the Property Law Act, the court has several options. It may:

• order your neighbour to remove the encroachment,

• let your neighbour keep it but pay you for the use of that strip (granting an easement), or

• give your neighbour ownership of that strip and order them to pay you for it.

So having the survey on your side doesn’t mean the court will order your neighbour to remove anything. The court decides what's fair to both sides. It looks at things like whether each side understood where the true boundary was, how permanent and costly the structure is to move, and how the encroachment affects both properties.

One procedural note worth checking. Encroachment claims under section 36 are sometimes started by a different, shorter kind of court document called a petition rather than a notice of civil claim, depending on whether the key facts are actually in dispute. It's worth confirming you've started in the right form, because fixing it later costs time.

The practical demands are real. Preparing evidence, questioning witnesses, and making legal arguments are skills lawyers build over years of training and practice. Doing them well under the pressure of a hearing is hard. And if the other side has a lawyer, you'll be facing someone who does this for a living. 

Costs beyond a lawyer's fee

Even if you represent yourself, you'll likely have some out-of-pocket expenses:

• court filing fees and electronic filing fees,

• hearing or trial fees (longer hearings add daily fees that can run several hundred dollars a day),

• surveyor's fees, including the cost of preparing reports and attending court if necessary,

• expenses for serving documents, obtaining transcripts, and copying materials, and

• witness fees and travel expenses for witnesses.

(For the filing and hearing fees, you can apply to have them waived if you can’t afford them.)

You may have to pay some of the other side's costs if you lose

In BC Supreme Court, the successful party is usually awarded costs. These are generally calculated under a rate chart (the “tariff”) set out in the Supreme Court Civil Rules. They’re intended to cover part of the successful party's legal expenses.

As a result, if you lose, you may be ordered to contribute toward the other side's legal costs. If you win, you may recover some costs, but typically not everything you spent on the case.

The bottom line

You have the right to represent yourself in BC Supreme Court, and some people successfully do so. But property litigation can be challenging because of the procedural requirements, evidence rules, and how much freedom the court has to decide what's fair.

For that reason, some people choose a middle ground: getting legal advice or getting help with specific parts of the case rather than hiring a lawyer for full representation. This is often called unbundled legal services. A lawyer may be able to review your documents, advise you on strategy, or help you prepare for a hearing while you continue to handle the case yourself. Learn more about unbundled services.