The small claims process in British Columbia (BC) is a streamlined, cost-effective way to resolve disputes involving amounts of $5,000 to $35,000. It takes place in the Provincial Court of BC. Do you have a claim to make in BC? Here’s a general overview of the steps involved:

1. Determine Jurisdiction

Small claims court handles cases involving disputes over money, property, services, or debt recovery, among others. For disputes under $5,000, you may consider using the Civil Resolution Tribunal (CRT). As there are many registries in BC, you also need to determine which registry to file your claim in.

As per the Small Claims Rules BC Reg. 261/93: Filing a notice of claim (2) A claimant must file a notice of claim and an address for service and pay the required fee at the Small Claims Registry nearest to where:
(a) the defendant lives or carries on business, or
(b) the transaction or event that resulted in the claim took place.

Determining where to bring a Notice of Claim is the first step. Filing in the wrong registry can mean costly delays and/or an invalid claim.

2. Filing a Notice of Claim

• File your claim: The process starts by completing a Notice of Claim form, which you can file online or in person at your local Provincial Court registry.

• Filing fee: There is a filing fee, which varies based on the amount claimed.

• Serve the notice: After filing, the notice must be served to the defendant within one year. This can be done by hiring a process server or doing it yourself as long as it meets legal standards.

3. Response to Claim

• The defendant has 14 days (if in BC) or 30 days (if out of BC) to file a Reply to the Notice of Claim.

• If the defendant does not respond within the timeframe, you can apply for a Default Judgment.

4. Settlement Conference

• Mandatory conference: The court will schedule a Settlement Conference, where both parties meet with a judge to discuss the case informally. The goal is to settle the dispute without going to trial.

• If a settlement is reached, it becomes binding. If not, the case moves forward to trial.

5. Trial Preparation

• Exchange evidence: Both parties must prepare for trial by gathering evidence (documents, witnesses, etc.). You must exchange this evidence with the other party before the trial.

• Set trial date: If settlement efforts fail, a trial date will be set by the court.

6. Trial

• The trial takes place before a Provincial Court judge. Both sides present their case, including witnesses and documents.

• The judge will make a decision, which is legally binding.

7. Enforcing a Judgment

• If you win the case and the defendant does not comply with the judgment, you may need to take additional legal steps to enforce it (e.g., garnishing wages, seizing property).

Alternatives:

• Mediation: Before proceeding with a claim, you can try mediation, which is available through small claims court.

• Civil Resolution Tribunal (CRT): For disputes under $5,000 or minor claims, consider using the online CRT, which is a faster and more affordable option.

The small claims process is designed to be more accessible and less formal than higher courts, but it still requires proper preparation and understanding of the legal system.

Having paperwork that is properly filled out and conceise can help streamline the process, making the experience less daunting than doing it on your own.

Contact us today for help with your British Columbia small claim!