Small Claims Applications and Procedures Pre-Trial (20:IX) - Revision history

LSLAP at 19:41, 13 October 2025

2025-10-13T19:41:37Z

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LSLAP: /* D. Pre-Judgment Garnishment */

2025-09-29T22:05:02Z

D. Pre-Judgment Garnishment

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	== D. Pre-Judgment Garnishment ==		== D. Pre-Judgment Garnishment ==

	If the claim is for debt, a “garnishing order before judgment” may be issued at the same time a Notice of Claim is filed. Except for wages and interest, almost any debt can be garnished before a judgment. Since injustice can sometimes occur from the procedure, few garnishing orders are issued before judgment. Practically, the court will grant a garnishing order before judgment in only certain circumstances, for instance where the claimants will be unable to collect if they succeed (''[http://canlii.ca/t/24mt3 Webster v Webster]'', [1979<nowiki>]</nowiki> BCJ No 918; ''[http://canlii.ca/t/g9xlc Affinity International Inc. v Alliance International Inc.]'', [1994<nowiki>]</nowiki> MJ No 471; ''[http://canlii.ca/t/1j00m Intrawest Corp. v Gottschalk]'', 2004 BCSC 1317~~; and ''[http://canlii.ca/t/1f0vk Silver Standard Resources Inc. v Joint Stock Co. Geolog]'', [1998<nowiki>]</nowiki> BCJ No. 2887~~).		If the claim is for debt, a “garnishing order before judgment” may be issued at the same time a Notice of Claim is filed. Except for wages and interest, almost any debt can be garnished before a judgment. Since injustice can sometimes occur from the procedure, few garnishing orders are issued before judgment. Practically, the court will grant a garnishing order before judgment in only certain circumstances, for instance where the claimants will be unable to collect if they succeed (''[http://canlii.ca/t/1j00m Intrawest Corp. v Gottschalk]'', 2004 BCSC 1317)

	To obtain a pre-judgment garnishing order, the claimant must file an affidavit stating: if a judgment has been recovered or an order made, that it has been recovered or made, and the amount is unsatisfied; or if a judgment has not been recovered, that an action is pending, the time of its commencement, the nature of the cause of action, the actual amount of the debt, claim or demand, and that it is justly due and owing after making all just discounts. In either case, the claimant must also state: that any other person is indebted or liable to the defendant (the garnishee), the judgment debtor or person liable to satisfy the judgment or order, and is in the jurisdiction of the court; and with reasonable certainty, the place of residence of the garnishee (''Court Order Enforcement Act'', RSBC 1996, c 78, s 3(2)).		To obtain a pre-judgment garnishing order, the claimant must file an affidavit stating: if a judgment has been recovered or an order made, that it has been recovered or made, and the amount is unsatisfied; or if a judgment has not been recovered, that an action is pending, the time of its commencement, the nature of the cause of action, the actual amount of the debt, claim or demand, and that it is justly due and owing after making all just discounts. In either case, the claimant must also state: that any other person is indebted or liable to the defendant (the garnishee), the judgment debtor or person liable to satisfy the judgment or order, and is in the jurisdiction of the court; and with reasonable certainty, the place of residence of the garnishee (''Court Order Enforcement Act'', RSBC 1996, c 78, s 3(2)).
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	If the registry grants the order, the claimant must serve both the garnishee and the defendant. If the garnishee is a bank, the garnishing order must be served on the branch where the account is located (''Bank Act'', SC 1991, c 46, s 462(1)). If the garnishee is a credit union, the order must be served at its head office. A separate order must be obtained for each garnishee. The Garnishee must pay the greater of the amount owed to a Defendant and the amount shown on the garnishing order to the Court Registry. It is extremely important to find out the correct legal name of the Garnishee. This is because if you use the wrong name on the Garnishment documents, the Garnishee can refuse to pay to the Court money owed to Defendant. If Garnishee is a company, a search at the BC Corporate Registry Office would be useful.		If the registry grants the order, the claimant must serve both the garnishee and the defendant. If the garnishee is a bank, the garnishing order must be served on the branch where the account is located (''Bank Act'', SC 1991, c 46, s 462(1)). If the garnishee is a credit union, the order must be served at its head office. A separate order must be obtained for each garnishee. The Garnishee must pay the greater of the amount owed to a Defendant and the amount shown on the garnishing order to the Court Registry. It is extremely important to find out the correct legal name of the Garnishee. This is because if you use the wrong name on the Garnishment documents, the Garnishee can refuse to pay to the Court money owed to Defendant. If Garnishee is a company, a search at the BC Corporate Registry Office would be useful.

	In some cases of fraud, the Supreme Court can issue a Mareva Injunction freezing the defendant’s worldwide assets (''[http://canlii.ca/t/1fv1d Aetna Financial Services v Feigelman]'', [1985<nowiki>]</nowiki> 1 SCR 2; ''[http://canlii.ca/t/1f0vk Silver Standard Resources Inc. v Joint Stock Co. Geolog]'', [1998<nowiki>]</nowiki> BCJ No. 2887; ''[http://canlii.ca/t/j888g Fernandes v Legacy Financial Systems]'', Inc., 2020 BCSC 885); this prevents the defendant from dealing with any of their assets in any way.		In some cases of fraud, the Supreme Court can issue a Mareva Injunction freezing the defendant’s worldwide assets (''[http://canlii.ca/t/j888g Fernandes v Legacy Financial Systems]'', Inc., 2020 BCSC 885); this prevents the defendant from dealing with any of their assets in any way.

	It is also possible to apply for a “garnishing order before action”. This is a separate form from a pre-judgment garnishment. This form is used before a Notice of Claim has been registered at a Small Claims Court Registry (see http://www.courts.gov.bc.ca/supreme_court/self-represented_litigants/Supreme%20Court%20Document%20Packages/Garnishment%20Package.docx).		It is also possible to apply for a “garnishing order before action”. This is a separate form from a pre-judgment garnishment. This form is used before a Notice of Claim has been registered at a Small Claims Court Registry (see http://www.courts.gov.bc.ca/supreme_court/self-represented_litigants/Supreme%20Court%20Document%20Packages/Garnishment%20Package.docx).

LSLAP at 15:36, 29 September 2025

2025-09-29T15:36:04Z

Nate Russell: review confirmed 2025

2025-08-28T23:58:43Z

review confirmed 2025

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LSLAP at 20:36, 12 August 2025

2025-08-12T20:36:10Z

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	Once a pleading is withdrawn, it cannot be reinstated, used, or relied upon without the permission of a judge (SCR, Rules 8(6) and 16(7)).		Once a pleading is withdrawn, it cannot be reinstated, used, or relied upon without the permission of a judge (SCR, Rules 8(6) and 16(7)).

	Withdrawing a claim does not result in the dismissal of a counterclaim. The counterclaim may still proceed unless it is also withdrawn ([http://canlii.ca/t/1fw54 ''Ishikawa v Aoki and Japanese Auto Centre Ltd.'', 2002 BCPC 683]). In the CRT, a party who wants to withdraw its claim can do so in adherence with the CRT Rules. Before the end of case management, the party can request permission to withdraw the claim (CRT Rules ~~(effective May 1, 2021)~~, Rule 6.1). After the dispute has been assigned to a tribunal member, the party must obtain the tribunal member’s permission to withdraw its claim. If the party seeks to pursue a withdrawn claim, they must obtain permission from the tribunal. The tribunal will consider many factors, including the reason for the withdrawal, any prejudice to the other parties, expired limitation periods, the tribunal’s mandate, and the interests of justice and fairness.		Withdrawing a claim does not result in the dismissal of a counterclaim. The counterclaim may still proceed unless it is also withdrawn ([http://canlii.ca/t/1fw54 ''Ishikawa v Aoki and Japanese Auto Centre Ltd.'', 2002 BCPC 683]). In the CRT, a party who wants to withdraw its claim can do so in adherence with the CRT Rules. Before the end of case management, the party can request permission to withdraw the claim (''CRT Rules'', Rule 6.1). After the dispute has been assigned to a tribunal member, the party must obtain the tribunal member’s permission to withdraw its claim. If the party seeks to pursue a withdrawn claim, they must obtain permission from the tribunal. The tribunal will consider many factors, including the reason for the withdrawal, any prejudice to the other parties, expired limitation periods, the tribunal’s mandate, and the interests of justice and fairness.

	== C. Adjournments and Cancellations ==		== C. Adjournments and Cancellations ==
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	== F. Amendments ==		== F. Amendments ==

	If a party wants the court or tribunal to order something different or in addition to what is in the initiating document, then the party must amend the claim as early in the process as possible. This would occur if, for example, the claimant sought to change the amount of the existing claim. Failure to do so may result in the additional claim not being heard for procedural fairness reasons. Only in extraordinary circumstances will the CRT amend a claim during the decision phase (''CRT Rules ~~(effective May 1, 2021)~~'', Rule 1.19(3)). A party who wants to amend, change, add, or remove anything in a filed document, such as the amount, the name of a party, or a fact, must follow Rule 8 ([http://canlii.ca/t/1dt0n ''Royal Bank of Canada v Olson'', [1990<nowiki>]</nowiki> 44 B.C.L.R. (2d) 87 (BCSC)]).		If a party wants the court or tribunal to order something different or in addition to what is in the initiating document, then the party must amend the claim as early in the process as possible. This would occur if, for example, the claimant sought to change the amount of the existing claim. Failure to do so may result in the additional claim not being heard for procedural fairness reasons. Only in extraordinary circumstances will the CRT amend a claim during the decision phase (''CRT Rules'', Rule 1.19(3)). A party who wants to amend, change, add, or remove anything in a filed document, such as the amount, the name of a party, or a fact, must follow Rule 8 ([http://canlii.ca/t/1dt0n ''Royal Bank of Canada v Olson'', [1990<nowiki>]</nowiki> 44 B.C.L.R. (2d) 87 (BCSC)]).

	=== 1. Permission to Amend ===		=== 1. Permission to Amend ===

LSLAP at 17:52, 7 August 2024

2024-08-07T17:52:17Z

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LSLAP: /* D. Pre-Judgment Garnishment */

2024-08-01T00:46:58Z

D. Pre-Judgment Garnishment

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	In some cases of fraud, the Supreme Court can issue a Mareva Injunction freezing the defendant’s worldwide assets ([http://canlii.ca/t/1fv1d ''Aetna Financial Services v Feigelman'', [1985<nowiki>]</nowiki> 1 SCR 2]; [http://canlii.ca/t/1f0vk ''Silver Standard Resources Inc. v Joint Stock Co. Geolog'', [1998<nowiki>]</nowiki> BCJ No. 2887]; [http://canlii.ca/t/j888g ''Fernandes v Legacy Financial Systems'', Inc., 2020 BCSC 885)]; this prevents the defendant from dealing with any of their assets in any way.		In some cases of fraud, the Supreme Court can issue a Mareva Injunction freezing the defendant’s worldwide assets ([http://canlii.ca/t/1fv1d ''Aetna Financial Services v Feigelman'', [1985<nowiki>]</nowiki> 1 SCR 2]; [http://canlii.ca/t/1f0vk ''Silver Standard Resources Inc. v Joint Stock Co. Geolog'', [1998<nowiki>]</nowiki> BCJ No. 2887]; [http://canlii.ca/t/j888g ''Fernandes v Legacy Financial Systems'', Inc., 2020 BCSC 885)]; this prevents the defendant from dealing with any of their assets in any way.

	It is also possible to apply for a “garnishing order before action”. This is a separate form from a pre-judgment garnishment. This form is used before a Notice of Claim has been registered at a Small Claims Court Registry (see http://www.courts.gov.bc.ca/supreme_court/self-represented_litigants/Supreme%20Court%20Document%20Packages/Garnishment%20Package.docx).		It is also possible to apply for a “garnishing order before action”. This is a separate form from a pre-judgment garnishment. This form is used before a Notice of Claim has been registered at a Small Claims Court Registry (see http://www.courts.gov.bc.ca/supreme_court/self-represented_litigants/Supreme%20Court%20Document%20Packages/Garnishment%20Package.docx).

	== E. Transfer to Supreme Court ==		== E. Transfer to Supreme Court ==

Clicklaw Editor at 18:28, 19 September 2023

2023-09-19T18:28:49Z

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LSLAP at 20:54, 8 September 2023

2023-09-08T20:54:44Z

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	* trial conference.		* trial conference.

	Once the first of any of these hearings has concluded and 30 days have elapsed, formal offers cannot be made without the permission of a judge (''SCR'', Rule 10.1(2)).		Once the first of any of these hearings has concluded and 30 days have elapsed, formal offers cannot be made without the permission of a judge (''SCR'', Rule 10.1(2)). However, the parties can continue to make and accept informal offers to settle up until the point a judgement is rendered.
			Parties making formal offers are not permitted to shorten the acceptance deadline on Form 18 - the allotted period for accepting a formal offer is 30 days after the date the offer was served.

	== B. Withdrawing a Claim, Counterclaim, Reply, or Third Party Notice ==		== B. Withdrawing a Claim, Counterclaim, Reply, or Third Party Notice ==

Clicklaw Editor at 22:58, 21 November 2022

2022-11-21T22:58:13Z

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	A party who wishes to respond to an amendment should follow the same procedures outlined in this section.		A party who wishes to respond to an amendment should follow the same procedures outlined in this section.


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	Once a pleading is withdrawn, it cannot be reinstated, used, or relied upon without the permission of a judge (SCR, Rules 8(6) and 16(7)).		Once a pleading is withdrawn, it cannot be reinstated, used, or relied upon without the permission of a judge (SCR, Rules 8(6) and 16(7)).

	Withdrawing a claim does not result in the dismissal of a counterclaim. The counterclaim may still proceed unless it is also withdrawn ([http://canlii.ca/t/1fw54 ''Ishikawa v Aoki and Japanese Auto Centre Ltd.'', 2002 BCPC 683]). In the CRT, a party who wants to withdraw its claim can do so in adherence with the CRT Rules. Before the end of case management, the party can request permission to withdraw the claim (''CRT Rules'', Rule 6.1). After the dispute has been assigned to a tribunal member, the party must obtain the tribunal member’s permission to withdraw its claim. If the party seeks to pursue a withdrawn claim, they must obtain permission from the tribunal. The tribunal will consider many factors, including the reason for the withdrawal, any prejudice to the other parties, expired limitation periods, the tribunal’s mandate, and the interests of justice and fairness.		Withdrawing a claim does not result in the dismissal of a counterclaim. The counterclaim may still proceed unless it is also withdrawn (''[http://canlii.ca/t/1fw54 Ishikawa v Aoki and Japanese Auto Centre Ltd.]'', 2002 BCPC 683). In the CRT, a party who wants to withdraw its claim can do so in adherence with the CRT Rules. Before the end of case management, the party can request permission to withdraw the claim (''CRT Rules'', Rule 6.1). After the dispute has been assigned to a tribunal member, the party must obtain the tribunal member’s permission to withdraw its claim. If the party seeks to pursue a withdrawn claim, they must obtain permission from the tribunal. The tribunal will consider many factors, including the reason for the withdrawal, any prejudice to the other parties, expired limitation periods, the tribunal’s mandate, and the interests of justice and fairness.

	== C. Adjournments and Cancellations ==		== C. Adjournments and Cancellations ==
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	== D. Pre-Judgment Garnishment ==		== D. Pre-Judgment Garnishment ==

	If the claim is for debt, a “garnishing order before judgment” may be issued at the same time a Notice of Claim is filed. Except for wages and interest, almost any debt can be garnished before a judgment. Since injustice can sometimes occur from the procedure, few garnishing orders are issued before judgment. Practically, the court will grant a garnishing order before judgment in only certain circumstances, for instance where the claimants will be unable to collect if they succeed ([http://canlii.ca/t/24mt3 ''Webster v Webster'', [1979<nowiki>]</nowiki> BCJ No 918]; [http://canlii.ca/t/g9xlc ''Affinity International Inc. v Alliance International Inc.'', [1994<nowiki>]</nowiki> MJ No 471]; [http://canlii.ca/t/1j00m ''Intrawest Corp. v Gottschalk'', 2004 BCSC 1317]; and [http://canlii.ca/t/1f0vk ''Silver Standard Resources Inc. v Joint Stock Co. Geolog'', [1998<nowiki>]</nowiki> BCJ No. 2887]).		If the claim is for debt, a “garnishing order before judgment” may be issued at the same time a Notice of Claim is filed. Except for wages and interest, almost any debt can be garnished before a judgment. Since injustice can sometimes occur from the procedure, few garnishing orders are issued before judgment. Practically, the court will grant a garnishing order before judgment in only certain circumstances, for instance where the claimants will be unable to collect if they succeed (''[http://canlii.ca/t/24mt3 Webster v Webster]'', [1979<nowiki>]</nowiki> BCJ No 918; ''[http://canlii.ca/t/g9xlc Affinity International Inc. v Alliance International Inc.]'', [1994<nowiki>]</nowiki> MJ No 471; ''[http://canlii.ca/t/1j00m Intrawest Corp. v Gottschalk]'', 2004 BCSC 1317; and ''[http://canlii.ca/t/1f0vk Silver Standard Resources Inc. v Joint Stock Co. Geolog]'', [1998<nowiki>]</nowiki> BCJ No. 2887).

	To obtain a pre-judgment garnishing order, the claimant must file an affidavit stating: if a judgment has been recovered or an order made, that it has been recovered or made, and the amount is unsatisfied; or if a judgment has not been recovered, that an action is pending, the time of its commencement, the nature of the cause of action, the actual amount of the debt, claim or demand, and that it is justly due and owing after making all just discounts. In either case, the claimant must also state: that any other person is indebted or liable to the defendant (the garnishee), the judgment debtor or person liable to satisfy the judgment or order, and is in the jurisdiction of the court; and with reasonable certainty, the place of residence of the garnishee (''Court Order Enforcement Act'', RSBC 1996, c 78, s 3(2)).		To obtain a pre-judgment garnishing order, the claimant must file an affidavit stating: if a judgment has been recovered or an order made, that it has been recovered or made, and the amount is unsatisfied; or if a judgment has not been recovered, that an action is pending, the time of its commencement, the nature of the cause of action, the actual amount of the debt, claim or demand, and that it is justly due and owing after making all just discounts. In either case, the claimant must also state: that any other person is indebted or liable to the defendant (the garnishee), the judgment debtor or person liable to satisfy the judgment or order, and is in the jurisdiction of the court; and with reasonable certainty, the place of residence of the garnishee (''Court Order Enforcement Act'', RSBC 1996, c 78, s 3(2)).
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	If the registry grants the order, the claimant must serve both the garnishee and the defendant. If the garnishee is a bank, the garnishing order must be served on the branch where the account is located (''Bank Act'', SC 1991, c 46, s 462(1)). If the garnishee is a credit union, the order must be served at its head office. A separate order must be obtained for each garnishee. The Garnishee must pay the greater of the amount owed to a Defendant and the amount shown on the garnishing order to the Court Registry. It is extremely important to find out the correct legal name of the Garnishee. This is because if you use the wrong name on the Garnishment documents, the Garnishee can refuse to pay to the Court money owed to Defendant. If Garnishee is a company, a search at the BC Corporate Registry Office would be useful.		If the registry grants the order, the claimant must serve both the garnishee and the defendant. If the garnishee is a bank, the garnishing order must be served on the branch where the account is located (''Bank Act'', SC 1991, c 46, s 462(1)). If the garnishee is a credit union, the order must be served at its head office. A separate order must be obtained for each garnishee. The Garnishee must pay the greater of the amount owed to a Defendant and the amount shown on the garnishing order to the Court Registry. It is extremely important to find out the correct legal name of the Garnishee. This is because if you use the wrong name on the Garnishment documents, the Garnishee can refuse to pay to the Court money owed to Defendant. If Garnishee is a company, a search at the BC Corporate Registry Office would be useful.

	In some cases of fraud, the Supreme Court can issue a Mareva Injunction freezing the defendant’s worldwide assets ([http://canlii.ca/t/1fv1d ''Aetna Financial Services v Feigelman'', [1985<nowiki>]</nowiki> 1 SCR 2]; [http://canlii.ca/t/1f0vk ''Silver Standard Resources Inc. v Joint Stock Co. Geolog'', [1998<nowiki>]</nowiki> BCJ No. 2887]; [http://canlii.ca/t/j888g ''Fernandes v Legacy Financial Systems'', Inc., 2020 BCSC 885)]; this prevents the defendant from dealing with any of their assets in any way.		In some cases of fraud, the Supreme Court can issue a Mareva Injunction freezing the defendant’s worldwide assets (''[http://canlii.ca/t/1fv1d Aetna Financial Services v Feigelman]'', [1985<nowiki>]</nowiki> 1 SCR 2; ''[http://canlii.ca/t/1f0vk Silver Standard Resources Inc. v Joint Stock Co. Geolog]'', [1998<nowiki>]</nowiki> BCJ No. 2887; ''[http://canlii.ca/t/j888g Fernandes v Legacy Financial Systems]'', Inc., 2020 BCSC 885); this prevents the defendant from dealing with any of their assets in any way.

	It is also possible to apply for a “garnishing order before action”. This is a separate form from a pre-judgment garnishment. This form is used before a Notice of Claim has been registered at a Small Claims Court Registry (see http://www.courts.gov.bc.ca/supreme_court/self-represented_litigants/Supreme%20Court%20Document%20Packages/Garnishment%20Package.docx).		It is also possible to apply for a “garnishing order before action”. This is a separate form from a pre-judgment garnishment. This form is used before a Notice of Claim has been registered at a Small Claims Court Registry (see http://www.courts.gov.bc.ca/supreme_court/self-represented_litigants/Supreme%20Court%20Document%20Packages/Garnishment%20Package.docx).
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	A judge at the settlement/trial conference, at trial, or after application by a party at any time, must transfer a claim to Supreme Court if they are satisfied that the monetary outcome of a claim (not including interest and expenses) may exceed $35,000 (''SCR'', Rule 7.1(1)). However, the claimant may expressly choose to abandon the amount over $35,000 to keep the action in the Small Claims Court (''SCR'', Rule 7.1(2)). For personal injury claims, a judge must consider medical or other reports filed or brought to the settlement conference by the parties before transferring the claim to Supreme Court (''SCR'', Rule 7.1(3)).		A judge at the settlement/trial conference, at trial, or after application by a party at any time, must transfer a claim to Supreme Court if they are satisfied that the monetary outcome of a claim (not including interest and expenses) may exceed $35,000 (''SCR'', Rule 7.1(1)). However, the claimant may expressly choose to abandon the amount over $35,000 to keep the action in the Small Claims Court (''SCR'', Rule 7.1(2)). For personal injury claims, a judge must consider medical or other reports filed or brought to the settlement conference by the parties before transferring the claim to Supreme Court (''SCR'', Rule 7.1(3)).

	If a counterclaim for more than $35,000 is transferred under this rule, the original claim can still be heard in Small Claims Court if the claim is $35,000 or less ([http://canlii.ca/t/1q3w6 ''Shaugnessy v Roth'', 2006 BCCA 547]).		If a counterclaim for more than $35,000 is transferred under this rule, the original claim can still be heard in Small Claims Court if the claim is $35,000 or less (''[http://canlii.ca/t/1q3w6 Shaugnessy v Roth]'', 2006 BCCA 547).

	== F. Amendments ==		== F. Amendments ==

	If a party wants the court or tribunal to order something different or in addition to what is in the initiating document, then the party must amend the claim as early in the process as possible. This would occur if, for example, the claimant sought to change the amount of the existing claim. Failure to do so may result in the additional claim not being heard for procedural fairness reasons. Only in extraordinary circumstances will the CRT amend a claim during the decision phase (''CRT Rules'', Rule 1.19(3)). A party who wants to amend, change, add, or remove anything in a filed document, such as the amount, the name of a party, or a fact, must follow Rule 8 ([http://canlii.ca/t/1dt0n ''Royal Bank of Canada v Olson'', [1990<nowiki>]</nowiki> 44 B.C.L.R. (2d) 87 (BCSC)]).		If a party wants the court or tribunal to order something different or in addition to what is in the initiating document, then the party must amend the claim as early in the process as possible. This would occur if, for example, the claimant sought to change the amount of the existing claim. Failure to do so may result in the additional claim not being heard for procedural fairness reasons. Only in extraordinary circumstances will the CRT amend a claim during the decision phase (''CRT Rules'', Rule 1.19(3)). A party who wants to amend, change, add, or remove anything in a filed document, such as the amount, the name of a party, or a fact, must follow Rule 8 (''[http://canlii.ca/t/1dt0n Royal Bank of Canada v Olson]'', [1990<nowiki>]</nowiki> 44 B.C.L.R. (2d) 87 (BCSC)).

	=== 1. Permission to Amend ===		=== 1. Permission to Amend ===