What is a significant reason for choosing BCSC over Provincial Court for a case?

Choosing the British Columbia Supreme Court (BCSC) over the Provincial Court for a family law case can often be attributed to the additional discovery mechanisms that are available in BCSC. The BCSC allows more comprehensive discovery processes, including extensive document production, interrogatories, and the ability to conduct depositions. These tools can be crucial for a thorough exploration of facts and evidence, which can significantly influence the outcome of a case.

In contrast, the Provincial Court has more limited discovery options, which can restrict the ability to gather necessary information prior to trial. This limitation can impede a party's ability to fully prepare its case and may affect the overall fairness of the proceedings.

While it might be argued that BCSC judges typically have more experience or that the court can sometimes lead to faster resolution times or exhibit higher filing fees, the additional discovery mechanisms stand out as a key reason for preferring the BCSC for complex family law matters where in-depth fact-finding is essential. The effectiveness of these mechanisms in uncovering relevant evidence can play a pivotal role in how well a case is prepared and presented.