Small Claims Costs and Penalties (20:XV) - Revision history

LSLAP at 19:41, 13 October 2025

2025-10-13T19:41:58Z

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LSLAP: /* D. Civil Resolution Tribunal Costs */

2025-09-29T22:15:05Z

D. Civil Resolution Tribunal Costs

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	== D. Civil Resolution Tribunal Costs ==		== D. Civil Resolution Tribunal Costs ==

	The CRT can award fees and dispute-related expenses, so long as they are reasonable. If a dispute is not resolved by agreement and a tribunal member makes a final decision, the tribunal member will usually order the unsuccessful party to pay the successful party’s tribunal fees and reasonable dispute-related expenses (''CRT Rules'', Rule 9.5(1)). In addition, one party may have to pay the other party's expenses relating to witnesses and summonses, and other reasonable costs paid by the other party (Rule 9.5(2)). It is rare that the CRT would order a party to pay the opposing party’s legal fees. In deciding those claims, the CRT will consider a variety of factors including the complexity of the dispute, the degree of involvement by the representative, and whether a party or representative’s conduct has caused unnecessary delay or expense (Rule 9.5(3)).		The CRT can award fees and dispute-related expenses, so long as they are reasonable. If a dispute is not resolved by agreement and a tribunal member makes a final decision, the tribunal member will usually order the unsuccessful party to pay the successful party’s tribunal fees and reasonable dispute-related expenses (''CRT Rules'', Rule 9.5(1)). In addition, one party may have to pay the other party expenses relating to witnesses and summonses, and other reasonable costs paid by the other party (Rule 9.5(2)). It is rare that the CRT would order a party to pay the opposing party’s legal fees or compensate them for time spent on the dispute, but it has happened (see ''[https://decisions.civilresolutionbc.ca/crt/crtd/en/item/527617/index.do Simpson v. Hung Long Enterprises Inc.]'', 2025 BCCRT 525). In deciding those claims, the CRT will consider a variety of factors including the complexity of the dispute, the degree of involvement by the representative, and whether a party or representative’s conduct has caused unnecessary delay or expense (Rule 9.5(3))


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LSLAP: /* C. Failure to Settle */

2025-09-29T22:14:02Z

C. Failure to Settle

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	If there has been a formal offer to settle under Rule 10.1 that was not accepted, a penalty, in addition to any other expenses or penalties – up to 20 percent of the amount of the offer to settle – may be imposed if the offer was the same or better than the result at trial.		If there has been a formal offer to settle under Rule 10.1 that was not accepted, a penalty, in addition to any other expenses or penalties – up to 20 percent of the amount of the offer to settle – may be imposed if the offer was the same or better than the result at trial.

	The CRT has the power and discretion under the ''Civil Resolution Tribunal Act'' and Rules to allow fees and dispute-related expenses, so long as they are reasonable. If a dispute is not resolved by agreement and a tribunal member makes a final decision, the tribunal member will usually order the unsuccessful party to pay the successful party’s tribunal fees and reasonable dispute-related expenses (''CRT Rules (effective May 1, 2021)'', Rule 9.5(1)). In addition, one party may have to pay the other party tribunal fees, expenses relating to witnesses and summonses, and other reasonable costs paid by the other party (Rule 9.5(2)). It is rare that the CRT would order a party to pay the opposing party’s legal fees to make these fee determinations, the CRT will consider a variety of factors including the complexity of the dispute, the degree of involvement by the representative, and whether a party or representative’s conduct has caused unnecessary delay or expense (Rule 9.5(3)).

	== D. Civil Resolution Tribunal Costs ==		== D. Civil Resolution Tribunal Costs ==

Nate Russell: review confirmed 2025

2025-08-29T00:13:51Z

review confirmed 2025

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LSLAP at 22:21, 12 August 2025

2025-08-12T22:21:47Z

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	== D. Civil Resolution Tribunal Costs ==		== D. Civil Resolution Tribunal Costs ==

	The CRT can award fees and dispute-related expenses, so long as they are reasonable. If a dispute is not resolved by agreement and a tribunal member makes a final decision, the tribunal member will usually order the unsuccessful party to pay the successful party’s tribunal fees and reasonable dispute-related expenses (CRT Rules ~~(effective May 1, 2022)~~, Rule 9.5(1)). In addition, one party may have to pay the other party's expenses relating to witnesses and summonses, and other reasonable costs paid by the other party (Rule 9.5(2)). It is rare that the CRT would order a party to pay the opposing party’s legal fees. In deciding those claims, the CRT will consider a variety of factors including the complexity of the dispute, the degree of involvement by the representative, and whether a party or representative’s conduct has caused unnecessary delay or expense (Rule 9.5(3)).		The CRT can award fees and dispute-related expenses, so long as they are reasonable. If a dispute is not resolved by agreement and a tribunal member makes a final decision, the tribunal member will usually order the unsuccessful party to pay the successful party’s tribunal fees and reasonable dispute-related expenses (''CRT Rules'', Rule 9.5(1)). In addition, one party may have to pay the other party's expenses relating to witnesses and summonses, and other reasonable costs paid by the other party (Rule 9.5(2)). It is rare that the CRT would order a party to pay the opposing party’s legal fees. In deciding those claims, the CRT will consider a variety of factors including the complexity of the dispute, the degree of involvement by the representative, and whether a party or representative’s conduct has caused unnecessary delay or expense (Rule 9.5(3)).


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LSLAP at 17:53, 7 August 2024

2024-08-07T17:53:40Z

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Clicklaw Editor at 18:55, 19 September 2023

2023-09-19T18:55:34Z

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LSLAP: No changes

2023-09-08T21:13:08Z

No changes

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Clicklaw Editor: /* D. Civil Resolution Tribunal Costs */

2022-11-23T21:12:40Z

D. Civil Resolution Tribunal Costs

← Older revision		Revision as of 21:12, 23 November 2022
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	== D. Civil Resolution Tribunal Costs ==		== D. Civil Resolution Tribunal Costs ==

	The CRT can award fees and dispute-related expenses, so long as they are reasonable. If a dispute is not resolved by agreement and a tribunal member makes a final decision, the tribunal member will usually order the unsuccessful party to pay the successful party’s tribunal fees and reasonable dispute-related expenses (CRT Rules (effective May 1, 2022), Rule 9.5(1)). In addition, one party may have to pay the other ~~parties~~ expenses relating to witnesses and summonses, and other reasonable costs paid by the other party (Rule 9.5(2)). It is rare that the CRT would order a party to pay the opposing party’s legal fees. In deciding those claims, the CRT will consider a variety of factors including the complexity of the dispute, the degree of involvement by the representative, and whether a party or representative’s conduct has caused unnecessary delay or expense (Rule 9.5(3)).		The CRT can award fees and dispute-related expenses, so long as they are reasonable. If a dispute is not resolved by agreement and a tribunal member makes a final decision, the tribunal member will usually order the unsuccessful party to pay the successful party’s tribunal fees and reasonable dispute-related expenses (CRT Rules (effective May 1, 2022), Rule 9.5(1)). In addition, one party may have to pay the other party's expenses relating to witnesses and summonses, and other reasonable costs paid by the other party (Rule 9.5(2)). It is rare that the CRT would order a party to pay the opposing party’s legal fees. In deciding those claims, the CRT will consider a variety of factors including the complexity of the dispute, the degree of involvement by the representative, and whether a party or representative’s conduct has caused unnecessary delay or expense (Rule 9.5(3)).


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Clicklaw Editor: /* A. Costs to Successful Party */

2022-11-23T21:08:53Z

A. Costs to Successful Party

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	In circumstances where the successful party has acted unfairly, withheld information, misled the court, or wasted the court’s time, the successful party may have to pay the unsuccessful party’s costs (''Tilbert v Jack'', [1995] BCJ No 938).		In circumstances where the successful party has acted unfairly, withheld information, misled the court, or wasted the court’s time, the successful party may have to pay the unsuccessful party’s costs (''Tilbert v Jack'', [1995] BCJ No 938).

	'''NOTE:''' A lawyer’s fees cannot generally be claimed as expenses (''Small Claims Act'', s 19(4); and ''Weeks v Ford Credit Canada Ltd.'', [1994] BCJ No 1737). The only exception is where the contract between the parties requires the reimbursement of legal costs however this only applies to legal '''fees''' that are not related to the claim (''[http://canlii.ca/t/24391 Wetterstrom et al. v Craig Management Enterprises Ltd.]'', 2009 BCPC 165 (CanLII)).		:'''NOTE:''' A lawyer’s fees cannot generally be claimed as expenses (''Small Claims Act'', s 19(4); and ''Weeks v Ford Credit Canada Ltd.'', [1994] BCJ No 1737). The only exception is where the contract between the parties requires the reimbursement of legal costs however this only applies to legal '''fees''' that are not related to the claim (''[http://canlii.ca/t/24391 Wetterstrom et al. v Craig Management Enterprises Ltd.]'', 2009 BCPC 165 (CanLII)).

	== B. Frivolous Claims ==		== B. Frivolous Claims ==