Small Claims Appeals (20:XVI) - Revision history

LSLAP at 19:42, 13 October 2025

2025-10-13T19:42:02Z

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	{{REVIEWED LSLAP \| date= ~~12 August~~ 2025}}		{{REVIEWED LSLAP \| date= 11 July 2025}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

LSLAP: /* 1. Filing an Appeal */

2025-09-29T22:17:44Z

1. Filing an Appeal

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	*file a copy of the Notice of Appeal in the Provincial Court registry where the order under appeal was made (s 7(2)).		*file a copy of the Notice of Appeal in the Provincial Court registry where the order under appeal was made (s 7(2)).

	An application to reduce the amount required to be deposited does not need to be served on any person; however, if the court reduces the amount required to be deposited, the appellant must serve notice of this order on the other parties to the appeal (~~''SCA'',~~ s 8(6)).		An application to reduce the amount required to be deposited does not need to be served on any person; however, if the court reduces the amount required to be deposited, the appellant must serve notice of this order on the other parties to the appeal (s 8(6)).

	The cost to file a Notice of Appeal in Supreme Court is $200.00 and the cost for filing an application to reduce the amount of the deposit is $80.00. An appellant who cannot afford these fees can apply to the Supreme Court registrar for indigent status.		The cost to file a Notice of Appeal in Supreme Court is $200.00 and the cost for filing an application to reduce the amount of the deposit is $80.00. An appellant who cannot afford these fees can apply to the Supreme Court registrar for indigent status.

	A copy of both the Notice of Appeal and the Notice of Hearing must be served on every respondent affected by the appeal (~~''SCA'',~~ s 11(1)). Fourteen days after filing the Notice of Appeal, the appellant must provide the Registrar with proof that the Notice of Appeal and the Notice of Hearing have been served on the respondents.		A copy of both the Notice of Appeal and the Notice of Hearing must be served on every respondent affected by the appeal (s 11(1)). Fourteen days after filing the Notice of Appeal, the appellant must provide the Registrar with proof that the Notice of Appeal and the Notice of Hearing have been served on the respondents.

	The Appellant must also order transcripts of the oral evidence given at the Small Claims Court trial and the Judge's reasons for judgment. The Appellant must pay for a copy of the transcript for the Court and one for each party to the appeal. Transcripts cost several dollars per page. So, depending on how long the trial lasted, the transcript could be many, many pages and cost hundreds and even thousands of dollars.		The Appellant must also order transcripts of the oral evidence given at the Small Claims Court trial and the Judge's reasons for judgment. The Appellant must pay for a copy of the transcript for the Court and one for each party to the appeal. Transcripts cost several dollars per page. So, depending on how long the trial lasted, the transcript could be many, many pages and cost hundreds and even thousands of dollars.

LSLAP: /* 1. Filing an Appeal */

2025-09-29T22:16:53Z

1. Filing an Appeal

← Older revision		Revision as of 22:16, 29 September 2025
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	*file a copy of the Notice of Appeal in the Provincial Court registry where the order under appeal was made (s 7(2)).		*file a copy of the Notice of Appeal in the Provincial Court registry where the order under appeal was made (s 7(2)).


	An application to reduce the amount required to be deposited does not need to be served on any person; however, if the court reduces the amount required to be deposited, the appellant must serve notice of this order on the other parties to the appeal (''SCA'', s 8(6)).		An application to reduce the amount required to be deposited does not need to be served on any person; however, if the court reduces the amount required to be deposited, the appellant must serve notice of this order on the other parties to the appeal (''SCA'', s 8(6)).

LSLAP: /* 1. Filing an Appeal */

2025-09-29T22:16:45Z

1. Filing an Appeal

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	You must act quickly if you wish to appeal a decision as there are many steps involved and only a short period of time. Within 40 days of the order being made (''SCA'', s 6), an appellant must, in one day, do all of the following:		You must act quickly if you wish to appeal a decision as there are many steps involved and only a short period of time. Within 40 days of the order being made (''SCA'', s 6), an appellant must, in one day, do all of the following:

	• file a Notice of Appeal in the Supreme Court registry closest to the Provincial Court where the order being appealed was made (s 7);		*file a Notice of Appeal in the Supreme Court registry closest to the Provincial Court where the order being appealed was made (s 7);

	• deposit with the Supreme Court $200.00 as security for costs plus the amount of money required to be paid by the order under appeal (s 8(1) and (2)) or apply to the Supreme Court to reduce the amount required to be paid (s 8(3));		*deposit with the Supreme Court $200.00 as security for costs plus the amount of money required to be paid by the order under appeal (s 8(1) and (2)) or apply to the Supreme Court to reduce the amount required to be paid (s 8(3));

	• apply to the registrar of the Supreme Court for a date for hearing the appeal that is at least 21 days, but not more than 6 months, after the filing date (s 8(3)); and		*apply to the registrar of the Supreme Court for a date for hearing the appeal that is at least 21 days, but not more than 6 months, after the filing date (s 8(3)); and

	• file a copy of the Notice of Appeal in the Provincial Court registry where the order under appeal was made (s 7(2)).		*file a copy of the Notice of Appeal in the Provincial Court registry where the order under appeal was made (s 7(2)).

LSLAP: /* 1. Filing an Appeal */

2025-09-29T22:16:24Z

1. Filing an Appeal

← Older revision		Revision as of 22:16, 29 September 2025
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	You must act quickly if you wish to appeal a decision as there are many steps involved and only a short period of time. Within 40 days of the order being made (''SCA'', s 6), an appellant must, in one day, do all of the following:		You must act quickly if you wish to appeal a decision as there are many steps involved and only a short period of time. Within 40 days of the order being made (''SCA'', s 6), an appellant must, in one day, do all of the following:

	* file a Notice of Appeal in the Supreme Court registry closest to the Provincial Court where the order being appealed was made (~~''SCA'',~~ s 7);		• file a Notice of Appeal in the Supreme Court registry closest to the Provincial Court where the order being appealed was made (s 7);
	*deposit with the Supreme Court $200.00 as security for costs plus the amount of money required to be paid by the order under appeal (~~''SCA'',~~ s 8(1) and (2)) or apply to the Supreme Court to reduce the amount required to be paid (~~''SCA'',~~ s 8(3));
	* apply to the registrar of the Supreme Court for a date for hearing the appeal that is at least 21 days, but not more than 6 months, after the filing date (~~''SCA'',~~ s 10);		• deposit with the Supreme Court $200.00 as security for costs plus the amount of money required to be paid by the order under appeal (s 8(1) and (2)) or apply to the Supreme Court to reduce the amount required to be paid (s 8(3));
	* file a copy of the Notice of Appeal in the Provincial Court registry where the order under appeal was made (~~''SCA'',~~ s 7(b)).
			• apply to the registrar of the Supreme Court for a date for hearing the appeal that is at least 21 days, but not more than 6 months, after the filing date (s 8(3)); and

			• file a copy of the Notice of Appeal in the Provincial Court registry where the order under appeal was made (s 7(2)).


	An application to reduce the amount required to be deposited does not need to be served on any person; however, if the court reduces the amount required to be deposited, the appellant must serve notice of this order on the other parties to the appeal (''SCA'', s 8(6)).		An application to reduce the amount required to be deposited does not need to be served on any person; however, if the court reduces the amount required to be deposited, the appellant must serve notice of this order on the other parties to the appeal (''SCA'', s 8(6)).

Nate Russell: review confirmed 2025

2025-08-29T00:15:01Z

review confirmed 2025

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	{{REVIEWED LSLAP \| date= ~~July 31, 2024~~}}		{{REVIEWED LSLAP \| date= 12 August 2025}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

LSLAP at 22:23, 12 August 2025

2025-08-12T22:23:54Z

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	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

	== A. CRT Small Claims Decisions and ~~Appeals~~ ==		== A. CRT Small Claims Decisions and Judicial Review ==

	A party who is dissatisfied with a ruling can seek judicial review in the Supreme Court of British Columbia. There are various standards of review applicable to different cases (standard of review refers to the level of scrutiny a reviewing court will apply to a decision). The standard of review is variable because courts have struggled with the interpretation of s 58 of the ''Administrative Tribunals Act''. For example, BCSC has ruled that the standard of review for CRT decisions on strata property matters is patent unreasonableness (''The Owners, Strata Plan VR320 v. Day'', 2023 BCSC 364). The Supreme Court of Canada has defined this to apply to decisions that “contain an immediately obvious defect, which is “so flawed that no amount of curial deference can justify letting it stand” and almost borders on the absurd (''Law Society of New Brunswick v. Ryan'', 2003 SCC 20 at para. 52). However, generally speaking, the standard of review for CRT decisions is correctness, unless the issue under review relates to:		A party who is dissatisfied with a ruling can seek judicial review in the Supreme Court of British Columbia. There are various standards of review applicable to different cases (standard of review refers to the level of scrutiny a reviewing court will apply to a decision). The standard of review is variable because courts have struggled with the interpretation of s 58 of the ''Administrative Tribunals Act''. For example, BCSC has ruled that the standard of review for CRT decisions on strata property matters is patent unreasonableness (''The Owners, Strata Plan VR320 v. Day'', 2023 BCSC 364). The Supreme Court of Canada has defined this to apply to decisions that “contain an immediately obvious defect, which is “so flawed that no amount of curial deference can justify letting it stand” and almost borders on the absurd (''Law Society of New Brunswick v. Ryan'', 2003 SCC 20 at para. 52). However, generally speaking, the standard of review for CRT decisions is correctness, unless the issue under review relates to:

LSLAP at 17:53, 7 August 2024

2024-08-07T17:53:49Z

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	{{REVIEWED LSLAP \| date= ~~June 24~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= July 31, 2024}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

Clicklaw Editor at 18:56, 19 September 2023

2023-09-19T18:56:27Z

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	{{REVIEWED LSLAP \| date= ~~September 8~~, 2023}}		{{REVIEWED LSLAP \| date= June 24, 2023}}
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	{{LSLAP Manual Navbox\|type=chapters15-22}}		{{LSLAP Manual Navbox\|type=chapters15-23}}

LSLAP: added explanation of Standard of Review

2023-09-08T21:17:17Z

added explanation of Standard of Review

← Older revision		Revision as of 21:17, 8 September 2023
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	{{REVIEWED LSLAP \| date= ~~June 24~~, ~~2022~~}}		{{REVIEWED LSLAP \| date= September 8, 2023}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

	== A. CRT Small Claims Decisions and Appeals ==		== A. CRT Small Claims Decisions and Appeals ==

	A party who is dissatisfied with a ruling can seek judicial review in the Supreme Court of British Columbia. The standard of review is variable because courts have struggled with the interpretation of s 58 of the Administrative Tribunals Act~~. As such, different standards of review apply to different types of cases~~. For example, the standard of review for CRT decisions on strata property matters is ~~correctness~~. ~~Generally~~ speaking, the standard of review is correctness unless the ~~decision~~ relates to:		A party who is dissatisfied with a ruling can seek judicial review in the Supreme Court of British Columbia. There are various standards of review applicable to different cases (standard of review refers to the level of scrutiny a reviewing court will apply to a decision). The standard of review is variable because courts have struggled with the interpretation of s 58 of the ''Administrative Tribunals Act''. For example, BCSC has ruled that the standard of review for CRT decisions on strata property matters is patent unreasonableness (''The Owners, Strata Plan VR320 v. Day'', 2023 BCSC 364). The Supreme Court of Canada has defined this to apply to decisions that “contain an immediately obvious defect, which is “so flawed that no amount of curial deference can justify letting it stand” and almost borders on the absurd (''Law Society of New Brunswick v. Ryan'', 2003 SCC 20 at para. 52). However, generally speaking, the standard of review for CRT decisions is correctness, unless the issue under review relates to:
	* findings of fact ~~for~~ which the finding must either be unreasonable or made without any evidence to support it;		* findings of fact, in which case the finding must either be unreasonable or made without any evidence to support it in order for a reviewing court to reverse it. In such cases, the reviewing court may remit the decision back to the CRT or replace it with the court’s own decision;
	* discretionary decisions ~~for~~ which the decision must be arbitrary, made in bad faith, be based entirely or predominantly on irrelevant factors, or fail to comply with a statute; or		* discretionary decisions, in which case the decision must be arbitrary, made in bad faith, be based entirely or predominantly on irrelevant factors, or fail to comply with a statute in order for a reviewing court to reverse it; or
	* natural justice and procedural fairness which are considered with the tribunal’s mandate in mind (Administrative Tribunals Act, SBC 2004, c 45, s 58(2)).C		* natural justice and procedural fairness which are considered with the tribunal’s mandate in mind (Administrative Tribunals Act, SBC 2004, c 45, s 58(2)).C