Going to Trial in Small Claims Court: Difference between revisions

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{{REVIEWEDPLS | reviewer = [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group|date= October 2017}} {{Dial-A-Law TOC|expanded = courts}}
At a trial, the parties present evidence and a judge decides the case. If you’re going to trial in Small Claims Court, learn how to prepare and what to expect.


{{Dial-A-Law TOC|expanded = smallclaims}}
==Before the trial==
 
===For claims over $10,000, either party can request a mediation===
In a Small Claims Court lawsuit, if the claim is over $10,000, either party can compel the other to attend a '''mediation session''' to attempt to settle the case.
 
The process is started with a document called a '''notice to mediate''' (available online at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms gov.bc.ca/smallclaims]). Either party can fill out the notice. They file it in the registry where the notice of claim was filed, and deliver it to the other parties in the case.
 
Together, the parties choose a '''mediator'''. (If they can’t agree on one, a mediator can be appointed.) The mediator organizes a '''mediation session''', where they help the parties find a solution that satisfies everyone. Unlike a judge, a mediator does not have the power to decide the case. The case settles only if all parties to the dispute agree to a settlement.
 
The parties share the cost of the mediation. If an agreement to settle the case is reached, the agreement can be filed with the court.
 
===Most cases have a settlement conference before trial===
For most cases in Small Claims Court, the court will schedule a '''settlement conference''', where the parties meet with a judge to explore settling the case before a trial.
 
The registry will tell the parties the date and time for the conference. All parties must attend. The parties must bring any documents they plan to use at trial to prove their case.
 
The judge who attends the settlement conference isn’t necessarily the same judge who will hold the trial, if the case goes that far. The purpose of the conference is to encourage settlement of the case, and if settlement isn’t possible, to help the parties prepare for trial. The judge will not make a final decision or settle the case for the parties. The judge guides the discussion and gives their opinion of the case.
 
If the parties agree to settle the case, the judge can put the agreement into an '''order'''. That ends the lawsuit.
 
===Either party can make a written offer to settle===
Even if the parties don’t settle the issues at the settlement conference, it doesn't mean they have to go to trial. Within 30 days after the settlement conference, either party can make a written '''offer to settle''' to the other party.
 
To do so, use Form 18 (available online at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms gov.bc.ca/smallclaims]). Fill out the form with the details of your settlement offer. File the offer with the court and serve it on the other party, either personally or by registered mail.
 
The other party has 28 days to accept the offer. If they do not accept it, and the outcome at trial is much the same as the offer, the judge can impose a penalty on the other party of up to 20% of the amount you offered.
 
===Prepare your evidence, and line up any witnesses===
Small Claims Court cases are decided on a '''balance of probabilities'''. You must convince the judge that your version of the events is more likely than not and more likely than the other side’s version. You need evidence to do that — including physical evidence, such as invoices or contracts, or evidence given by '''witnesses'''.
 
====Arrange for your witnesses to attend the trial====
You will want to think about what witnesses and other evidence you will need to support your case. At the trial, your witnesses can tell the court ('''testify''') about what they saw and heard.
 
If a witness refuses to come to the trial or you’re not sure they’ll come, you can file a form called a '''summons to witness'''. This form is available online at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms gov.bc.ca/smallclaims] and at any [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations Small Claims Court registry]. The form tells you how to deliver the summons to the witness. The witness must receive the summons ''at least seven days'' before trial.
 
You can use a '''written estimate''' for the repair of damage or value of property, without having the person who gave you the estimate come to court. If you are going to use a written estimate, you must serve the other party with a copy of the estimate '''at least 14 days''' before the trial.


This script discusses preparing for and attending your trial in Small Claims Court. Small Claims Court deals with claims of up to $25,000. Most trials in the Small Claims Court follow the same set of rules except that in Vancouver, if the claim is for financial debt, the trial will be a "summary trial" and also in Vancouver and Richmond, if the claim is for less than $5,000 and does not involve personal injuries, the trial will be a ‘simplified trial’.  The procedures for each of these types of trials will be discussed near the end of this script.
====Expert witnesses====
Expert witnesses can give evidence about an '''opinion'''. If you intend to have an expert testify at trial — such as a doctor for an injury claim — you must give the other party a '''summary''' of the expert’s evidence ''at least 30 days'' before the expert testifies.


==Before the trial==
If you want to use only a letter or written '''report''' from an expert, you must give the other side a copy of that report, together with a statement of the expert’s qualifications, ''at least 30 days'' before the trial. Then, if the other side wants to ask the expert questions at trial ('''cross-examine''' the expert), they must let you know at least 14 days before the trial. If they do, your expert must attend the trial in person.
There are three procedures that you may need to deal with before the trial. They are mediation, settlement conferences, and trial conferences. Sometimes these processes are mandatory and sometimes they are optional. This script will describe each process in turn.
 
====Witness fees and expenses====
You must offer to pay reasonable travel expenses for your witnesses to attend trial. You will also have to pay fees and expenses for any expert witness. You should figure out how much they will be before deciding whether you need the expert at trial. Some experts, especially professionals like doctors and engineers, can charge a lot.
 
{| class="wikitable"
|align="left"|'''Tip'''
Courts are open to the public. You can go in any day and just sit down and watch. Doing so before your trial can help with putting your own case forward. Try to watch several cases, as each one is different.
|}
 
==What to expect at the trial==


==Mediation==
===Some locations have streamlined trials for certain claims===  
Mediation is a process that involves having a mediator (who is a neutral unbiased person) listen to both sides and attempt to persuade the parties to resolve the dispute.  The mediator does not have the power to make a decision like a judge.
Some registries in the province have streamlined trial procedures for smaller claims and certain financial claims.


Mediation is mandatory in some cases.  In other cases, one of the parties can decide that a mediation should be conducted.  
In Vancouver and Richmond, most claims under $10,000 go straight to a '''simplified trial'''. This is a one-hour streamlined trial before an experienced lawyer who is a '''justice of the peace'''. There is no settlement conference.


In Vancouver, most claims more than $5,000 and all personal injury cases have to be mediated.  In all other court locations, mediation is available for claims over $10,000 but it is optional. However if one of the parties chooses to file a Notice to Mediate, the other party must attend the mediation.
Also in Vancouver, financial debt claims up to the small claims limit of $35,000 are decided using a '''summary trial''' procedure. This is a half-hour streamlined trial before a judge. Financial debt claims are claims made by creditors to collect a debt from a loan or extension of credit.


In Surrey, North Vancouver, Nanaimo and Victoria, some claims for less than $10,000 are automatically referred to mediation.
The BC government website at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/pilot gov.bc.ca/smallclaims] has details on these streamlined trial procedures.


You don’t have to pay for the mediator if the mediation is held under the Court Mediation Program for claims up to $10,000. Otherwise, the expense of the mediator is shared between the parties.
===When you arrive at court===
On your trial date, give yourself plenty of time to arrive early. In the courtroom, everyone stands when the judge enters or leaves the courtroom. You must stand whenever you are speaking to the judge or the judge is speaking to you. The judge is called "Your Honour".


Much more information about mediations in Small Claims Court is available on the Small Claims Court website.
Small Claims Court does not follow the strict rules of evidence used in Supreme Court. The judge will decide what rules and procedures to follow. A lot depends on the personal style of the judge and also on the judge's assessment of what procedure will allow the parties to present their cases easily and fairly.


==Settlement Conference==
{| class="wikitable"
==Before a trial, most cases have a “settlement conference”==
|align="left"|'''Tip'''
The next process you should know about is the settlement conference. Unless your case is in Vancouver, both the parties to the claim must attend a settlement conference prior to trial. There may be an exception if your claim is related to a motor vehicle accident. A judge also attends the settlement conference, but this judge isn’t usually the same judge who presides over the trial if the case goes that far. The purpose of the settlement conference is to try to resolve or “settle” some or all of the issues between you, and if settlement isn’t possible, to help you prepare your case for trial.
For any '''documents''' you plan to use to prove your case, bring the original and at least three copies of the document. The original may be kept by the court as an exhibit. The copies are for the judge, the other party, and yourself.
|}


If your claim is for personal injuries, within 6 months of filing the claim and before the settlement conference is scheduled, you must file and deliver to the defendant a certificate of readiness attaching all medical reports and records of expenses you intend to use at the trial to prove your side of the case.
===The claimant goes first===
The party bringing the lawsuit, the '''claimant''', speaks first. They may start with an '''opening statement''', telling the judge briefly what their case is about.


==What happens at the settlement conference?==
Next, the claimant presents their evidence. They may start by giving their own '''testimony'''. This is where they tell the judge their story of what happened, and provide any documents that support their case. As with any witness, the claimant must swear an oath or affirm to tell the truth.
You must bring all the documents and reports you plan to use at trial to prove your side of the case. If you’re having trouble getting copies of the other side’s documents, the judge can order that copies of these documents be exchanged. The judge will discuss the claim with you and see if the claim can be settled. If it can’t, the judge can make orders concerning the collection and presentation of evidence needed for the trial. The judge can also dismiss the claim if he or she thinks it’s groundless.


==Trial conference==
After, the defendant can ask the claimant questions ('''cross-examine them''') on what they said. The goal of cross-examination is to show weaknesses in the witness’ story — that they have a poor memory, they’re mistaken, or they’re lying.
The third pre-trial process only applies if your case is commenced in Vancouver. This is the trial conference, where a judge will determine the amount of time needed for trial, make orders concerning evidence and other matters.  You will have to complete a Trial Statement summarizing your case and file it with the Court at least 14 days before the conference.


Written offer of settlement
The claimant then calls any other witnesses to give evidence in support of their case. The witnesses can be asked open-ended questions like “What colour was the traffic light?” A party can’t ask their own witness '''leading questions'''. A leading question suggests the answer the questioner wants the witness to give. For example, “The light was red, wasn’t it?” is a leading question.
One final item you should consider before going to trial is a written offer of settlement. Within 30 days after a mediation, settlement conference, or trial conference, whichever occurs first, but before the trial, you may “file” a written offer of settlement with (i.e., submit it to) the Small Claims Court, then present it to the other side. The other side will have 28 days to accept it. If they don’t, and if the outcome at trial is much the same as your offer, the judge can order them to pay an additional penalty of up to 20% of your offer.


==What if you have to go to trial?==
The defendant can then cross-examine the claimant’s witnesses. In cross-examination, leading questions ''are'' allowed.
You’ll likely be the main witness for your case. But you’ll also want to think about what other witnesses and what expert witnesses and/or reports you’ll need to support your case.


Ordinary witnesses can testify about facts that they personally know about
All witnesses must speak only to what they have seen or heard directly. They cannot talk about what they heard one person say to another — this is called '''hearsay evidence'''. Hearsay is not allowed to prove the truth of statements, except in rare cases.
For example, they can testify about what they saw. But they can’t talk about what they heard one person say to another – that’s considered “hearsay” evidence and isn’t usually allowed to prove the truth of those statements.


==What about expert witnesses and/or reports?==
===The defendant presents their case===
Expert witnesses are the only witnesses who can give evidence about an opinion. If you intend to have an expert testify at the trial – such as a doctor for a personal injury claim – you must give the other side a summary of the expert’s evidence at least 30 days before the expert testifies. If you just want to use a letter or written report from the expert, you have to give the other side a copy of that report, together with a statement of the expert’s qualifications, at least 30 days before the trial. Then if the other side wants to “cross-examine” or ask questions of that expert at trial, they must let you know at least 14 days before the trial, and your expert must attend the trial in person.
Next, the defendant presents their evidence. They may start by giving their own '''testimony''', where they tell the judge their story of what happened, and provide any documents that support their case. The claimant can then ask the defendant questions ('''cross-examining''' them).


Repair estimates and estimates of the value of property aren’t considered expert evidence. But copies must still be given to the other side at least 14 days before the trial.
The defendant then calls any other witnesses to give evidence in support of their case. The claimant may cross-examine the witnesses. The judge often asks questions as well.


==You must make the arrangements for your witnesses to attend the trial==
{| class="wikitable"
If a witness refuses to come voluntarily or you’re not sure they’ll attend, you can pick up a form called a Summons to Witness from the Small Claims Court registry. (You can also download this form from the Small Claims Court website.) The form tells you how to deliver the summons to the witness, who must receive it at least seven days before the trial.
|align="left"|'''Tip'''
In cross-examining the other side’s witnesses, your aim is to weaken their testimony or get them to admit things that help your case. Don’t expect them to admit they are exaggerating or lying — but it’s important you put your version to them fully and fairly.
|}


==Expect to pay your witness’s fees and expenses==
===The judge decides the case===
You have to offer to pay a witness’s reasonable travel expenses to attend the trial. You should also expect to pay your expert witness’s fees and expenses – you’ll want to determine that in advance before deciding whether or not to require the expert’s attendance at trial. You may be able to avoid the expense of having your expert personally testify at the trial by providing the expert’s opinion in writing to the other side well before trial, but if the other side wants to question your expert, you’ll have to produce your expert in person.
When all the evidence has been presented, both parties get a final chance to tell the judge why they should decide for them.


Once the trial begins, how do you present your case to the judge?
Usually, the judge decides the case after listening to the parties and the evidence. Sometimes, the judge will postpone the decision until later.
In Small Claims Court, you don’t have to follow the strict rules of evidence followed in Supreme Court, and the judge will decide what rules or procedures to follow. However, everyone that testifies will have to swear an oath or affirm to tell the truth.  You will also be expected to have all of the documents you intend to use to prove your case and all of your witnesses present at the trial. Remember to bring the original, plus at least two copies of any documents you use.


==How do you proceed if you’re the claimant?==
If the judge decides the claimant has proven their case on a balance of probabilities, the defendant will have to pay the full amount of the claim. If the judge decides the defendant’s evidence is more convincing, then the defendant will not have to pay the claim.
As the claimant, you will speak first. You might want to start with an “opening statement” and tell the judge briefly what your case is about. Then you can give your evidence. You’ll tell your story and produce any documents that help to prove your case. After, the defendant has a chance to cross-examine or question you on what you’ve said.


You’ll then call your other witnesses and question them, so they can give their evidence to support your claim. You should ask open-ended questions like “What colour was the traffic light?” not leading questions like “Was the light red?” The defendant is then allowed to cross-examine your witnesses.
The losing party must usually pay the winning party’s costs for things such as court filing fees, delivering documents, and witness costs. If the judge thinks that a party started or defended a claim without a reasonable chance of succeeding, they can order the losing party to pay a penalty of 10% of the claim value. The judge can order the losing party to pay immediately, or over time.


==How do you proceed if you’re the defendant?==
===Either party can appeal===
You should make written notes while the claimant is testifying. When the claimant has finished, you’ll get to cross-examine them. Your objective will be to get the claimant to admit things that help your case, or to weaken the claimant’s testimony by showing that the claimant has a poor memory, is mistaken, or is lying. Don’t expect  the claimant to admit that they are exaggerating or lying – what matters is that you have put your version to them fully and fairly.
Either party can appeal a Small Claims Court judgment. The appeal is brought to the BC Supreme Court, and must be started ''within 40 days'' after the Small Claims Court order was made. If you are late filing the notice of appeal, you can apply to the Supreme Court to extend the time, but you may not get it.


After the claimant and the claimant’s witnesses have finished, you get to tell your side of the story and call your own witnesses to testify. The claimant may then cross-examine you and your witnesses. The judge often asks questions too.
The appeal is ''not'' a new trial. The Supreme Court judge will decide only if the Small Claims Court judge made a mistake about the facts or the law.


==What happens after the evidence is presented?==
The Small Claims BC Online Help Guide explains [http://www.smallclaimsbc.ca/judgment/appealing-a-small-claims-decision how to appeal] a Small Claims Court decision.
When all the evidence is finished, the claimant and defendant are usually allowed a final opportunity to tell the judge why he or she should decide the case in their favour.


==Finally, the judge announces the decision or judgment==
==Who can help==
In most cases, after listening to both parties and the witnesses and reviewing the documents, the judge will make a decision and tell you what it is.  Sometimes however, the judge will postpone telling you his or her decision to a later date.


If the judge decides the claimant wins, then the defendant will have to pay the full amount of their claim. If the judge decides that the defendant wins, then the defendant will not have to pay the claim amount. Further, the losing party usually has to pay the winning party costs for things such as filing fees, delivering documents and witness costs. In circumstances where the judge thinks that a party started or defended a claim without a reasonable prospect of success, they can order that the losing party pay a penalty amounting to 10% of the claim value. The amount the judge orders the losing party to pay may be due immediately, or the judge can make a payment order setting out a payment schedule.
===With your case===
You do not need a lawyer to go to Small Claims Court. But you'll probably better understand the process, as well as the strength of your case, if you get '''legal advice'''. If you have limited means, you might be able to get legal help from pro bono services, a student legal clinic, or an advocate. See our information on [https://dialalaw.peopleslawschool.ca/free-and-low-cost-legal-help/ free and low-cost legal help].


There is a simplified trial process for Vancouver and Richmond
===More information===
In Richmond and Vancouver, if the claim is not for personal injury or a debt claim by a financial institution and is for less than $5,000, a simplified trial will be scheduled that will last one hour. Before the trial, each party will have to prepare and file a Trial Statement summarizing your case. The Trial Statement must be filed with the Court Registry at least 14 days before the simplified trial and you must give the other party a copy at least 7 days before the simplified trial.  At a simplified trial, the parties and witnesses will give oral evidence and documents can be presented. The trial may be conducted by either a judge or an adjudicator appointed by the Court.
The '''BC government''' website has how-to guides on Small Claims Court, including making a claim, replying to a claim, serving documents, getting ready for court, and getting results.


==Vancouver Summary Trial==
* [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides Visit website]
In Vancouver, a claim for a financial debt will be heard as a summary trial. If you have documents to support your claim, you must file them with the Court Registry at least 14 days before the summary trial and give a copy to the other party at least 7 days before. At a summary trial, the parties can give evidence and call witnesses but the trial is expected to last only 30 minutes.


==Where can you get more information?==
The BC government’s '''Small Claims Court Filing Assistant''' walks you through the steps of completing court forms.
*Talk to the Small Claims Court staff.
*Read one of the Small Claims Court guides available at the registry and on the Small Claims Court website at [http://www.ag.gov.bc.ca/courts/small_claims/ www.ag.gov.bc.ca/courts/small_claims/].  


* [http://justice.gov.bc.ca/FilingAssistant/ Visit website]


[updated September 2013]
The '''BC Provincial Court''' website features information on Small Claims Court, as well as past court decisions.


* [http://www.provincialcourt.bc.ca/ Visit website]


----
The '''Small Claims BC Online Help Guide''', from Justice Education Society, provides step-by-step information on each stage of a small claims case.
----


* [http://www.smallclaimsbc.ca/ Visit website]


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Latest revision as of 02:15, 5 November 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Anna Kurt, Ganapathi Law Group in October 2017.
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At a trial, the parties present evidence and a judge decides the case. If you’re going to trial in Small Claims Court, learn how to prepare and what to expect.

Before the trial

For claims over $10,000, either party can request a mediation

In a Small Claims Court lawsuit, if the claim is over $10,000, either party can compel the other to attend a mediation session to attempt to settle the case.

The process is started with a document called a notice to mediate (available online at gov.bc.ca/smallclaims). Either party can fill out the notice. They file it in the registry where the notice of claim was filed, and deliver it to the other parties in the case.

Together, the parties choose a mediator. (If they can’t agree on one, a mediator can be appointed.) The mediator organizes a mediation session, where they help the parties find a solution that satisfies everyone. Unlike a judge, a mediator does not have the power to decide the case. The case settles only if all parties to the dispute agree to a settlement.

The parties share the cost of the mediation. If an agreement to settle the case is reached, the agreement can be filed with the court.

Most cases have a settlement conference before trial

For most cases in Small Claims Court, the court will schedule a settlement conference, where the parties meet with a judge to explore settling the case before a trial.

The registry will tell the parties the date and time for the conference. All parties must attend. The parties must bring any documents they plan to use at trial to prove their case.

The judge who attends the settlement conference isn’t necessarily the same judge who will hold the trial, if the case goes that far. The purpose of the conference is to encourage settlement of the case, and if settlement isn’t possible, to help the parties prepare for trial. The judge will not make a final decision or settle the case for the parties. The judge guides the discussion and gives their opinion of the case.

If the parties agree to settle the case, the judge can put the agreement into an order. That ends the lawsuit.

Either party can make a written offer to settle

Even if the parties don’t settle the issues at the settlement conference, it doesn't mean they have to go to trial. Within 30 days after the settlement conference, either party can make a written offer to settle to the other party.

To do so, use Form 18 (available online at gov.bc.ca/smallclaims). Fill out the form with the details of your settlement offer. File the offer with the court and serve it on the other party, either personally or by registered mail.

The other party has 28 days to accept the offer. If they do not accept it, and the outcome at trial is much the same as the offer, the judge can impose a penalty on the other party of up to 20% of the amount you offered.

Prepare your evidence, and line up any witnesses

Small Claims Court cases are decided on a balance of probabilities. You must convince the judge that your version of the events is more likely than not and more likely than the other side’s version. You need evidence to do that — including physical evidence, such as invoices or contracts, or evidence given by witnesses.

Arrange for your witnesses to attend the trial

You will want to think about what witnesses and other evidence you will need to support your case. At the trial, your witnesses can tell the court (testify) about what they saw and heard.

If a witness refuses to come to the trial or you’re not sure they’ll come, you can file a form called a summons to witness. This form is available online at gov.bc.ca/smallclaims and at any Small Claims Court registry. The form tells you how to deliver the summons to the witness. The witness must receive the summons at least seven days before trial.

You can use a written estimate for the repair of damage or value of property, without having the person who gave you the estimate come to court. If you are going to use a written estimate, you must serve the other party with a copy of the estimate at least 14 days before the trial.

Expert witnesses

Expert witnesses can give evidence about an opinion. If you intend to have an expert testify at trial — such as a doctor for an injury claim — you must give the other party a summary of the expert’s evidence at least 30 days before the expert testifies.

If you want to use only a letter or written report from an expert, you must give the other side a copy of that report, together with a statement of the expert’s qualifications, at least 30 days before the trial. Then, if the other side wants to ask the expert questions at trial (cross-examine the expert), they must let you know at least 14 days before the trial. If they do, your expert must attend the trial in person.

Witness fees and expenses

You must offer to pay reasonable travel expenses for your witnesses to attend trial. You will also have to pay fees and expenses for any expert witness. You should figure out how much they will be before deciding whether you need the expert at trial. Some experts, especially professionals like doctors and engineers, can charge a lot.

Tip

Courts are open to the public. You can go in any day and just sit down and watch. Doing so before your trial can help with putting your own case forward. Try to watch several cases, as each one is different.

What to expect at the trial

Some locations have streamlined trials for certain claims

Some registries in the province have streamlined trial procedures for smaller claims and certain financial claims.

In Vancouver and Richmond, most claims under $10,000 go straight to a simplified trial. This is a one-hour streamlined trial before an experienced lawyer who is a justice of the peace. There is no settlement conference.

Also in Vancouver, financial debt claims up to the small claims limit of $35,000 are decided using a summary trial procedure. This is a half-hour streamlined trial before a judge. Financial debt claims are claims made by creditors to collect a debt from a loan or extension of credit.

The BC government website at gov.bc.ca/smallclaims has details on these streamlined trial procedures.

When you arrive at court

On your trial date, give yourself plenty of time to arrive early. In the courtroom, everyone stands when the judge enters or leaves the courtroom. You must stand whenever you are speaking to the judge or the judge is speaking to you. The judge is called "Your Honour".

Small Claims Court does not follow the strict rules of evidence used in Supreme Court. The judge will decide what rules and procedures to follow. A lot depends on the personal style of the judge and also on the judge's assessment of what procedure will allow the parties to present their cases easily and fairly.

Tip

For any documents you plan to use to prove your case, bring the original and at least three copies of the document. The original may be kept by the court as an exhibit. The copies are for the judge, the other party, and yourself.

The claimant goes first

The party bringing the lawsuit, the claimant, speaks first. They may start with an opening statement, telling the judge briefly what their case is about.

Next, the claimant presents their evidence. They may start by giving their own testimony. This is where they tell the judge their story of what happened, and provide any documents that support their case. As with any witness, the claimant must swear an oath or affirm to tell the truth.

After, the defendant can ask the claimant questions (cross-examine them) on what they said. The goal of cross-examination is to show weaknesses in the witness’ story — that they have a poor memory, they’re mistaken, or they’re lying.

The claimant then calls any other witnesses to give evidence in support of their case. The witnesses can be asked open-ended questions like “What colour was the traffic light?” A party can’t ask their own witness leading questions. A leading question suggests the answer the questioner wants the witness to give. For example, “The light was red, wasn’t it?” is a leading question.

The defendant can then cross-examine the claimant’s witnesses. In cross-examination, leading questions are allowed.

All witnesses must speak only to what they have seen or heard directly. They cannot talk about what they heard one person say to another — this is called hearsay evidence. Hearsay is not allowed to prove the truth of statements, except in rare cases.

The defendant presents their case

Next, the defendant presents their evidence. They may start by giving their own testimony, where they tell the judge their story of what happened, and provide any documents that support their case. The claimant can then ask the defendant questions (cross-examining them).

The defendant then calls any other witnesses to give evidence in support of their case. The claimant may cross-examine the witnesses. The judge often asks questions as well.

Tip

In cross-examining the other side’s witnesses, your aim is to weaken their testimony or get them to admit things that help your case. Don’t expect them to admit they are exaggerating or lying — but it’s important you put your version to them fully and fairly.

The judge decides the case

When all the evidence has been presented, both parties get a final chance to tell the judge why they should decide for them.

Usually, the judge decides the case after listening to the parties and the evidence. Sometimes, the judge will postpone the decision until later.

If the judge decides the claimant has proven their case on a balance of probabilities, the defendant will have to pay the full amount of the claim. If the judge decides the defendant’s evidence is more convincing, then the defendant will not have to pay the claim.

The losing party must usually pay the winning party’s costs for things such as court filing fees, delivering documents, and witness costs. If the judge thinks that a party started or defended a claim without a reasonable chance of succeeding, they can order the losing party to pay a penalty of 10% of the claim value. The judge can order the losing party to pay immediately, or over time.

Either party can appeal

Either party can appeal a Small Claims Court judgment. The appeal is brought to the BC Supreme Court, and must be started within 40 days after the Small Claims Court order was made. If you are late filing the notice of appeal, you can apply to the Supreme Court to extend the time, but you may not get it.

The appeal is not a new trial. The Supreme Court judge will decide only if the Small Claims Court judge made a mistake about the facts or the law.

The Small Claims BC Online Help Guide explains how to appeal a Small Claims Court decision.

Who can help

With your case

You do not need a lawyer to go to Small Claims Court. But you'll probably better understand the process, as well as the strength of your case, if you get legal advice. If you have limited means, you might be able to get legal help from pro bono services, a student legal clinic, or an advocate. See our information on free and low-cost legal help.

More information

The BC government website has how-to guides on Small Claims Court, including making a claim, replying to a claim, serving documents, getting ready for court, and getting results.

The BC government’s Small Claims Court Filing Assistant walks you through the steps of completing court forms.

The BC Provincial Court website features information on Small Claims Court, as well as past court decisions.

The Small Claims BC Online Help Guide, from Justice Education Society, provides step-by-step information on each stage of a small claims case.

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