k, so i figured i should try and use my powers for good not evil, so i put in a call about this...
essentially, because it was a private sale, icbc's position is that it's buyer beware. so while it may be dodgy, there's nothing under provincial legislation that would enable icbc to do anything. had it been a sale through a dealership, there's more recourse available. the only thing that would have enabled james to undo this scam would have been to allow the 10-day required registration period to pass. that would, on icbc's end, made the transaction null and void.
i'm assuming, tho, that the 10 days are long gone. that really sucks, as the only recourse left is small claims court. here's the 411 on small claims according to the provincial gov't, fyi for everyone...
Small Claims Court
Small claims court is a court of law, but it's not designed for lawyers. It's meant to be a "do-it-yourself" kind of court, where ordinary people can handle their own cases, whichever side they're on.
Small claims court is a place where people can go to settle their differences in cases worth anywhere up to $10,000.
It has less formal and less complicated rules and procedures than Supreme Court. For example, the forms you use in small claims court are the "fill-in-the-blank" type.
If you're thinking of making a claim in small claims court, or if you're already involved in a case, this booklet is for you. It answers questions about the court, and it describes what happens in an ordinary small claims court case. Even if you do hire a lawyer to represent you, it is helpful to know what to expect.
For more information about any of the steps along the way, see the other booklets in this series - they're listed at the back of this booklet. For answers to particular problems or questions not covered, ask at a small claims court registry near you, or read the small claims court rules.
Do I have to know "legal language"?
No. There aren't many legal words you'll have to know to find your way around small claims court, but there are a few. Here are the main ones:
* The claimant is the person who makes a claim in small claims court.
* The notice of claim is the form the claimant uses to make the claim.
* The defendant is the person who is being sued - the one the claim is made against.
* The reply is the form the defendant uses to answer the notice of claim.
* Serving a document means getting it to another person in whatever way the law requires.
What kinds of cases go to small claims court?
As you'd expect, the cases that come to this court* involve smaller amounts of money than in Supreme Court. The highest amount that the claimant can sue for is $10,000.
This includes all claims listed on the notice of claim, no matter how many defendants there are, and it includes the value of any goods that the claimant is asking for.
It does not include any interest or expenses that the claimant might be entitled to. (The expenses that anyone can claim in small claims court are quite limited - in many cases they amount to no more than the filing fee and the cost of document service.)
There are some kinds of cases that cannot be handled in small claims court, no matter how little money is involved. Landlord and tenant cases, for example, as well as libel and slander suits and cases involving the title to land cannot be tried in small claims court.
Some cases have had an order made in another court and the orders are filed in the small claims court to collect the outstanding debt. These might include an order for restitution made in a criminal court or an unpaid fine owing to a municipality, province or the federal government. In these cases creditors file the judgment in the small claims court so that they can use any of the available enforcement options to collect the debt.
step-by-step instructions on how to file a claim are available
herehope that helps some.
