Starting a Small Claim (20:V) - Revision history

LSLAP at 19:41, 13 October 2025

2025-10-13T19:41:22Z

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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: /* 2. Dispute Resolution – Case Management */

2025-09-29T21:55:21Z

2. Dispute Resolution – Case Management

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	The CRT takes an active role in the dispute resolution process and ensuring the claim is resolved in a timely manner. Parties must ensure they respond promptly during the CRT process. If a party fails to respond to communications with the case manager, the tribunal may decide the claim without their participation.		The CRT takes an active role in the dispute resolution process and ensuring the claim is resolved in a timely manner. Parties must ensure they respond promptly during the CRT process. If a party fails to respond to communications with the case manager, the tribunal may decide the claim without their participation.

	The tribunal retains the authority to refuse to resolve a claim or dispute and may exercise this authority at any point before making a final decision resolving the dispute. The general authority for refusing to resolve a claim or dispute is set out in Civil Resolution Tribunal Act s 11.		The tribunal retains the authority to refuse to resolve a claim or dispute and may exercise this authority at any point before making a final decision resolving the dispute. The general authority for refusing to resolve a claim or dispute is set out in ''Civil Resolution Tribunal Act'' s 11.

	==== a) Applying for Dispute Resolution ====		==== a) Applying for Dispute Resolution ====

LSLAP at 15:27, 29 September 2025

2025-09-29T15:27:01Z

LSLAP: /* a) Applying for Dispute Resolution */

2025-09-22T17:35:20Z

a) Applying for Dispute Resolution

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	==== a) Applying for Dispute Resolution ====		==== a) Applying for Dispute Resolution ====

	To request dispute resolution by the tribunal an applicant must provide to the tribunal a completed Dispute Application Form, and pay the required fee.		To request dispute resolution by the tribunal, an applicant must provide to the tribunal a completed Dispute Application Form, and pay the required fee.

	:'''NOTE:''' Parties drafting an application to the CRT should review the guidelines set out in '''Section V.C: Identifying the Defendant(s)''' for advice regarding what information should be included.		:'''NOTE:''' Parties drafting an application to the CRT should review the guidelines set out in '''Section V.C: Identifying the Defendant(s)''' for advice regarding what information should be included.

LSLAP: /* 8. Suing a Young or Mentally Incompetent Person */

2025-09-22T17:34:27Z

8. Suing a Young or Mentally Incompetent Person

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	*Rule 25-2 (10) and (11) when delivering notice of applying for an estate grant or for the resealing of a foreign grant in relation to the estate.		*Rule 25-2 (10) and (11) when delivering notice of applying for an estate grant or for the resealing of a foreign grant in relation to the estate.

	Persons with a legal disability must be represented by a litigation guardian (''Supreme Court Civil Rules'', BC Reg 168/2009, Rule 20-2(2)). With some limitations, a litigation guardian can be any person ages 19 years or older who is ordinarily resident in British Columbia. The litigation guardian must complete and submit the Litigation Guardian form (''CRT Rules", Rule 1.13(2)).		Persons with a legal disability must be represented by a litigation guardian (''Supreme Court Civil Rules'', BC Reg 168/2009, Rule 20-2(2)). With some limitations, a litigation guardian can be any person ages 19 years or older who is ordinarily resident in British Columbia. The litigation guardian must complete and submit the Litigation Guardian form (''CRT Rules'', Rule 1.13(2)).

	If the claim involves personal injury, SCCR Rule 20-2(4) applies and requires that the litigation guardian act by a lawyer unless the litigation guardian is the Public Guardian and Trustee.		If the claim involves personal injury, SCCR Rule 20-2(4) applies and requires that the litigation guardian act by a lawyer unless the litigation guardian is the Public Guardian and Trustee.

LSLAP: /* 8. Suing a Young or Mentally Incompetent Person */

2025-09-22T17:34:06Z

8. Suing a Young or Mentally Incompetent Person

← Older revision		Revision as of 17:34, 22 September 2025
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	*Rule 25-2 (10) and (11) when delivering notice of applying for an estate grant or for the resealing of a foreign grant in relation to the estate.		*Rule 25-2 (10) and (11) when delivering notice of applying for an estate grant or for the resealing of a foreign grant in relation to the estate.

	Persons with a legal disability must be represented by a litigation guardian (''Supreme Court Civil Rules'', BC Reg 168/2009, Rule 20-2(2)). With some limitations, a litigation guardian can be any person ages 19 years or older who is ordinarily resident in British Columbia. The litigation guardian must complete and submit the Litigation Guardian ~~Declaration~~ form (''CRT Rules ~~(effective May 1, 2021)''~~, Rule 1.13(2)).		Persons with a legal disability must be represented by a litigation guardian (''Supreme Court Civil Rules'', BC Reg 168/2009, Rule 20-2(2)). With some limitations, a litigation guardian can be any person ages 19 years or older who is ordinarily resident in British Columbia. The litigation guardian must complete and submit the Litigation Guardian form (''CRT Rules", Rule 1.13(2)).

	If the claim involves personal injury, SCCR Rule 20-2(4) applies and requires that the litigation guardian act by a lawyer unless the litigation guardian is the Public Guardian and Trustee.		If the claim involves personal injury, SCCR Rule 20-2(4) applies and requires that the litigation guardian act by a lawyer unless the litigation guardian is the Public Guardian and Trustee.

Nate Russell: review confirmed 2025

2025-08-28T22:13:07Z

review confirmed 2025

← Older revision		Revision as of 22:13, 28 August 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 20:26, 12 August 2025

2025-08-12T20:26:10Z

← Older revision		Revision as of 20:26, 12 August 2025
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	== A. Pronouns ==		== A. Pronouns ==

	Both the BC Supreme Court (“BCSC”) and BC Provincial Court (“BCPC”) have issued practice directives regarding the form of address for parties and counsel in proceedings, effective December 16, 2020. The changes support a shift in professional practice towards asking all people how they should be respectfully addressed. A link to the BCSC practice direction can be found here: [https://www.bccourts.ca/supreme_court/practice_and_procedure/civil_practice_directions.aspx https://www.bccourts.ca/supreme_court/practice_and_procedure/civil_practice_directions.aspx]. For example, at the beginning of any in-person or virtual proceeding, when parties are introducing themselves, or lawyers are introducing themselves, their client, witness, or another individual, they should provide the judge or justice with each person’s name, title (e.g. “Mr./Ms./Mx./Counsel Jones”) and pronouns to be used in the proceeding. If a party or counsel do not provide this information in their introduction, they will be prompted by a court clerk to provide this information.		Both the BC Supreme Court (“BCSC”) and BC Provincial Court (“BCPC”) have issued practice directives regarding the form of address for parties and counsel in proceedings, effective December 16, 2020. The changes support a shift in professional practice towards asking all people how they should be respectfully addressed. A link to the BCSC practice direction can be found here: [https://www.bccourts.ca/supreme_court/practice_and_procedure/civil_practice_directions.aspx https://www.bccourts.ca/supreme_court/practice_and_procedure/civil_practice_directions.aspx], https://www.provincialcourt.bc.ca/system/files/Notice-24.pdf. For example, at the beginning of any in-person or virtual proceeding, when parties are introducing themselves, or lawyers are introducing themselves, their client, witness, or another individual, they should provide the judge or justice with each person’s name, title (e.g. “Mr./Ms./Mx./Counsel Jones”) and pronouns to be used in the proceeding. If a party or counsel do not provide this information in their introduction, they will be prompted by a court clerk to provide this information.

	At the CRT, the staff follows a similar procedure by asking all parties to identify their pronouns and form of address (e.g. “Mr./Ms./Mx./Counsel Jones”). The CRT works with LGBTQ+ organizations to ensure that it approaches this issue in a respectful and inclusive way that is free of assumptions. If a party does not provide this information, the CRT will default to gender neutral forms of address.		At the CRT, the staff follows a similar procedure by asking all parties to identify their pronouns and form of address (e.g. “Mr./Ms./Mx./Counsel Jones”). The CRT works with LGBTQ+ organizations to ensure that it approaches this issue in a respectful and inclusive way that is free of assumptions. If a party does not provide this information, the CRT will default to gender neutral forms of address.

LSLAP at 17:51, 7 August 2024

2024-08-07T17:51:26Z

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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}}

LSLAP: /* A. Pronouns */

2024-08-01T00:22:42Z

A. Pronouns

← Older revision		Revision as of 00:22, 1 August 2024
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	== A. Pronouns ==		== A. Pronouns ==

	Both the BC Supreme Court (“BCSC”) and BC Provincial Court (“BCPC”) have issued practice directives regarding the form of address for parties and counsel in proceedings, effective December 16, 2020. The changes support a shift in professional practice towards asking all people how they should be respectfully addressed. A link to the BCSC practice direction can be found here: [https://www.bccourts.ca/supreme_court/practice_and_procedure/civil_practice_directions.aspx ~~link to~~ https://www.bccourts.ca/supreme_court/practice_and_procedure/civil_practice_directions.aspx]. For example, at the beginning of any in-person or virtual proceeding, when parties are introducing themselves, or lawyers are introducing themselves, their client, witness, or another individual, they should provide the judge or justice with each person’s name, title (e.g. “Mr./Ms./Mx./Counsel Jones”) and pronouns to be used in the proceeding. If a party or counsel do not provide this information in their introduction, they will be prompted by a court clerk to provide this information.		Both the BC Supreme Court (“BCSC”) and BC Provincial Court (“BCPC”) have issued practice directives regarding the form of address for parties and counsel in proceedings, effective December 16, 2020. The changes support a shift in professional practice towards asking all people how they should be respectfully addressed. A link to the BCSC practice direction can be found here: [https://www.bccourts.ca/supreme_court/practice_and_procedure/civil_practice_directions.aspx https://www.bccourts.ca/supreme_court/practice_and_procedure/civil_practice_directions.aspx]. For example, at the beginning of any in-person or virtual proceeding, when parties are introducing themselves, or lawyers are introducing themselves, their client, witness, or another individual, they should provide the judge or justice with each person’s name, title (e.g. “Mr./Ms./Mx./Counsel Jones”) and pronouns to be used in the proceeding. If a party or counsel do not provide this information in their introduction, they will be prompted by a court clerk to provide this information.

	At the CRT, the staff follows a similar procedure by asking all parties to identify their pronouns and form of address (e.g. “Mr./Ms./Mx./Counsel Jones”). The CRT works with LGBTQ+ organizations to ensure that it approaches this issue in a respectful and inclusive way that is free of assumptions. If a party does not provide this information, the CRT will default to gender neutral forms of address.		At the CRT, the staff follows a similar procedure by asking all parties to identify their pronouns and form of address (e.g. “Mr./Ms./Mx./Counsel Jones”). The CRT works with LGBTQ+ organizations to ensure that it approaches this issue in a respectful and inclusive way that is free of assumptions. If a party does not provide this information, the CRT will default to gender neutral forms of address.

← Older revision		Revision as of 15:27, 29 September 2025
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	Good faith attempts to settle may involve concessions and admissions of liability. For example, a claimant may offer to settle for less than the claim to account for the cost, time investment, and risk of going to trial. A defendant, for example, may admit liability but dispute the amount owed. Whenever parties can agree on certain points, the likelihood of settlement increases.		Good faith attempts to settle may involve concessions and admissions of liability. For example, a claimant may offer to settle for less than the claim to account for the cost, time investment, and risk of going to trial. A defendant, for example, may admit liability but dispute the amount owed. Whenever parties can agree on certain points, the likelihood of settlement increases.

	Because of the strong public interest in settlement, these bona fide settlement attempts are protected by settlement privilege. This means that, if the matter is not settled, any admissions during negotiations cannot be used against the party who made them ([https://decisions.civilresolutionbc.ca/crt/crtd/en/item/511807/index.do ''Boles v. Harrison'', 2021 BCCRT 906]). It is prudent to include the words “WITHOUT PREJUDICE” in correspondence involving bona fide attempts to settle to indicate that the party sending the document wishes to rely on settlement privilege; settlement privilege will still apply, however, even if “WITHOUT PREJUDICE” is not included.		Because of the strong public interest in settlement, these bona fide settlement attempts are protected by settlement privilege. This means that, if the matter is not settled, any admissions during negotiations cannot be used against the party who made them (''[https://decisions.civilresolutionbc.ca/crt/crtd/en/item/511807/index.do Boles v. Harrison]'', 2021 BCCRT 906). It is prudent to include the words “WITHOUT PREJUDICE” in correspondence involving bona fide attempts to settle to indicate that the party sending the document wishes to rely on settlement privilege; settlement privilege will still apply, however, even if “WITHOUT PREJUDICE” is not included.

	Settlement letters should be brief, factual, and clearly state the amount claimed even if that amount exceeds $35,000. Settlement letters should have a courteous tone as a letter that invokes a hostile reaction from the recipient will be counter-productive. A party writing a settlement letter should never threaten criminal or regulatory penalties; '''extortion is a criminal offence'''. If a settlement between the two parties is not successful, then you may consider drafting a notice of claim.		Settlement letters should be brief, factual, and clearly state the amount claimed even if that amount exceeds $35,000. Settlement letters should have a courteous tone as a letter that invokes a hostile reaction from the recipient will be counter-productive. A party writing a settlement letter should never threaten criminal or regulatory penalties; '''extortion is a criminal offence'''. If a settlement between the two parties is not successful, then you may consider drafting a notice of claim.
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	==== a) Federal Government ====		==== a) Federal Government ====

	The federal government should be named as either “Attorney General of Canada” or “Her Majesty in right of Canada”. If an agency of the Crown is to be sued and '''if a federal Act permits''', the agency may be sued in the name of that agency; see ''Crown Liability and Proceedings Act'', RSC 1985, c C-50, s 23(1); [http://canlii.ca/t/1f4rl ''Goodhead v Law Society (British Columbia)'', [1997<nowiki>]</nowiki> BCJ No. 1779 (BCSC)].		The federal government should be named as either “Attorney General of Canada” or “Her Majesty in right of Canada”. If an agency of the Crown is to be sued and '''if a federal Act permits''', the agency may be sued in the name of that agency; see ''Crown Liability and Proceedings Act'', RSC 1985, c C-50, s 23(1); ''[http://canlii.ca/t/1f4rl Goodhead v Law Society (British Columbia)]'', [1997<nowiki>]</nowiki> BCJ No. 1779 (BCSC).

	==== b) Provincial ====		==== b) Provincial ====
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	=== 6. Suing the Police ===		=== 6. Suing the Police ===

	The “Royal Canadian Mounted Police” is not a legal entity that can sue or be sued ([http://canlii.ca/t/1dtx9 ''Dixon v Deacon Morgan McEwen Easson'', [1990<nowiki>]</nowiki> B.C.J. No. 1043 (BCSC)]. A claimant who wishes to sue for damages arising from the conduct of a police officer should sue the Minister of Public Safety and Solicitor General. The individual police officer and the Attorney General of Canada may be named in cases alleging gross negligence or willful misconduct on the part of the police officer ([http://canlii.ca/t/28lkh ''Amezcua v Taylor'', 2010 BCCA 128]; [http://canlii.ca/t/1jsn7 ''Roy v British Columbia (Attorney General)'', 2005 BCCA 88)]. The Minister of Public Safety and Solicitor General is the proper defendant in a civil action involving the RCMP or RCMP members as of Dec 11, 2015 (''Order of the Lieutenant Governor in Council'', No. 762/2015).		The “Royal Canadian Mounted Police” is not a legal entity that can sue or be sued (''[http://canlii.ca/t/1dtx9 Dixon v Deacon Morgan McEwen Easson]'', [1990<nowiki>]</nowiki> B.C.J. No. 1043 (BCSC). A claimant who wishes to sue for damages arising from the conduct of a police officer should sue the Minister of Public Safety and Solicitor General. The individual police officer and the Attorney General of Canada may be named in cases alleging gross negligence or willful misconduct on the part of the police officer (''[http://canlii.ca/t/28lkh Amezcua v Taylor]'', 2010 BCCA 128; ''[http://canlii.ca/t/1jsn7 Roy v British Columbia (Attorney General)]'', 2005 BCCA 88). The Minister of Public Safety and Solicitor General is the proper defendant in a civil action involving the RCMP or RCMP members as of Dec 11, 2015 (''Order of the Lieutenant Governor in Council'', No. 762/2015).

	RCMP officers are immune from liability for anything done in the performance of their duty except where the officer has been guilty of dishonesty, gross negligence, or malicious or willful misconduct, or the cause of action is libel or slander. See ''Police Act'', RSC 1996, c327, s 11 and s 21; ''Crown Liability and Proceedings Act'', RSC 1985, c. C-50, s 3 and s 10; [http://canlii.ca/t/g6ts5 ''Acumar Consulting Engineers Ltd. v The Association of Professional Engineers and Geoscientists of British Columbia (APEGBC)'', 2014 BCSC 814 at para 49].		RCMP officers are immune from liability for anything done in the performance of their duty except where the officer has been guilty of dishonesty, gross negligence, or malicious or willful misconduct, or the cause of action is libel or slander. See ''Police Act'', RSC 1996, c327, s 11 and s 21; ''Crown Liability and Proceedings Act'', RSC 1985, c. C-50, s 3 and s 10; ''[http://canlii.ca/t/g6ts5 Acumar Consulting Engineers Ltd. v The Association of Professional Engineers and Geoscientists of British Columbia (APEGBC)]'', 2014 BCSC 814 at para 49.

	A claimant who is suing a municipal police force should sue the individual police officers as well as the municipality employing the police officers.		A claimant who is suing a municipal police force should sue the individual police officers as well as the municipality employing the police officers.
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	* any fees the successful party paid for filing any documents;		* any fees the successful party paid for filing any documents;
	* reasonable amounts the successful party paid for serving any documents (Rule 20(2); and		* reasonable amounts the successful party paid for serving any documents (Rule 20(2); and
	* any other reasonable charges or expenses directly related to the proceedings (Rule 20(2); ''Barry v Rouleau'', [1994] BCJ No. 1212 (QL) (Prov Ct); ''Gaudet v Mair'', [1996] BCJ No. 2547 (QL) (Prov Ct); [https://www.canlii.org/en/bc/bcpc/doc/2004/2004bcpc511/2004bcpc511.html?searchUrlHash=AAAAAQAhSm9obnN0b24gdi4gTW9ycmlzLCAyMDA0IEJDUEMgNTExAAAAAAE&resultIndex=1 ''Johnston v. Morris et al.'', 2004 BCPC 511]).		* any other reasonable charges or expenses directly related to the proceedings (Rule 20(2); ''Barry v Rouleau'', [1994] BCJ No. 1212 (QL) (Prov Ct); ''Gaudet v Mair'', [1996] BCJ No. 2547 (QL) (Prov Ct); ''[https://www.canlii.org/en/bc/bcpc/doc/2004/2004bcpc511/2004bcpc511.html?searchUrlHash=AAAAAQAhSm9obnN0b24gdi4gTW9ycmlzLCAyMDA0IEJDUEMgNTExAAAAAAE&resultIndex=1 Johnston v. Morris et al.]'', 2004 BCPC 511).

	An example of a reasonable expense related to the proceedings is a company search. Another example is costs to purchase cases used in argument ([http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=24429 ''Faulkner v Sellars'' (1998), 9 CCLI (3d) 247 (BC Prov Ct)]). If such expenses are known at the time of filing, they should be stated on the Notice of Claim. If they occur afterward, the successful party may request them at the conclusion of the trial.		An example of a reasonable expense related to the proceedings is a company search. Another example is costs to purchase cases used in argument ([http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=24429 ''Faulkner v Sellars'' (1998), 9 CCLI (3d) 247 (BC Prov Ct)]). If such expenses are known at the time of filing, they should be stated on the Notice of Claim. If they occur afterward, the successful party may request them at the conclusion of the trial.
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	*the transaction or event that resulted in the claim took place.		*the transaction or event that resulted in the claim took place.

	This can sometimes be unclear in the case of contracts that are executed by fax or email or in other claims, such as negligence, where the conduct complained of took place in a number of locations; see ''[http://canlii.ca/t/frv57 DreamBank]''; [http://canlii.ca/t/1w8rg ''Rudder v Microsoft Corp.'', [1999<nowiki>]</nowiki> 47 CCLT (2d) 168 (ON SC)]; [http://canlii.ca/t/23chv ''Simpson-Sears Ltd. v. Marshall'' (1979), 12 BCLR 244 (SC))]. A claimant may wish to obtain legal advice if there is any uncertainty regarding where to file.		This can sometimes be unclear in the case of contracts that are executed by fax or email or in other claims, such as negligence, where the conduct complained of took place in a number of locations; see ''[http://canlii.ca/t/frv57 DreamBank]''; ''[http://canlii.ca/t/1w8rg Rudder v Microsoft Corp.]'', [1999<nowiki>]</nowiki> 47 CCLT (2d) 168 (ON SC); ''[http://canlii.ca/t/23chv Simpson-Sears Ltd. v. Marshall]'', (1979) 12 BCLR 244 (SC)). A claimant may wish to obtain legal advice if there is any uncertainty regarding where to file.

	If two different Small Claims registries have jurisdiction, the claimant should choose the one that is most convenient. If the defendant disputes the claimant’s choice, the defendant can file an application for change of venue and a judge will decide the most appropriate location.		If two different Small Claims registries have jurisdiction, the claimant should choose the one that is most convenient. If the defendant disputes the claimant’s choice, the defendant can file an application for change of venue and a judge will decide the most appropriate location.