Introduction to Small Claims (20:I): Difference between revisions

From Clicklaw Wikibooks
Jump to navigation Jump to search
LSLAP (talk | contribs)
No edit summary
LSLAP (talk | contribs)
No edit summary
 
(2 intermediate revisions by the same user not shown)
Line 7: Line 7:


This guide is meant to explain the general Small Claims Court process; it is not legal advice. Read the guide along with the Small Claims Court Rules and the Civil Resolution Tribunal Rules and obtain legal advice where necessary.
This guide is meant to explain the general Small Claims Court process; it is not legal advice. Read the guide along with the Small Claims Court Rules and the Civil Resolution Tribunal Rules and obtain legal advice where necessary.




[[File:Small_Claims_Avenues_JES.png|1000px]]
[[File:Small_Claims_Avenues_JES.png|1000px]]


''Figure from Online Help Guide Small Claims BC produced by Justice Education Society: https://smallclaimsbc.ca/overview/small-claims-court-me''
Figure: ''Is Small Claims Court for Me?'' from Justice Education Society’s Small Claims BC Online Help Guide: https://smallclaimsbc.ca/overview/small-claims-court-me
 
 


Directions for in-person proceedings and filings for small claims court (i.e., claims above $5,000) were significantly affected by the ongoing COVID-19 pandemic; however, many of the restrictions have since been removed. Consult the Provincial Court of BC website for up-to-date COVID-19 related notices, directions, and information. As of the time of writing, the following protocols apply to appearances:  
Directions for in-person proceedings and filings for small claims court (i.e., claims above $5,000) were significantly affected by the ongoing COVID-19 pandemic; however, many of the restrictions have since been removed. Consult the Provincial Court of BC website for up-to-date COVID-19 related notices, directions, and information. As of the time of writing, the following protocols apply to appearances:  

Latest revision as of 16:36, 11 November 2025

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on 11 July 2025.



Most people with legal claims under $35,000 are not lawyers and do not have the benefit of legal representation. It can be challenging to choose how to resolve a dispute and how much to claim. While this guide primarily focuses on the Small Claims Court, it briefly reviews other options for resolving disputes, including the Civil Resolution Tribunal (CRT) for Small Claims up to $5,000 in British Columbia. On April 1, 2019, the CRT’s jurisdiction expanded to include certain claims about motor vehicle accidents, including liability and damages claims up to $50,000, minor injury determinations, and accident benefits. This chapter of the manual only covers small claims at provincial court and the CRT’s small claims jurisdiction, not the accident claims jurisdiction. The jurisdiction for motor vehicle accidents is complicated.

If you are a party to a small claims action or proceeding, take the time to read this guide in its entirety. If you fail to comply with the rules, the process may be delayed, your claim or defence may be weakened, and you may be liable to pay costs and penalties to the other party. Reading this guide will help you be more prepared and minimize confusion.

This guide is meant to explain the general Small Claims Court process; it is not legal advice. Read the guide along with the Small Claims Court Rules and the Civil Resolution Tribunal Rules and obtain legal advice where necessary.


Figure: Is Small Claims Court for Me? from Justice Education Society’s Small Claims BC Online Help Guide: https://smallclaimsbc.ca/overview/small-claims-court-me


Directions for in-person proceedings and filings for small claims court (i.e., claims above $5,000) were significantly affected by the ongoing COVID-19 pandemic; however, many of the restrictions have since been removed. Consult the Provincial Court of BC website for up-to-date COVID-19 related notices, directions, and information. As of the time of writing, the following protocols apply to appearances:

  • For small claims trials, including Rule 9.1 simplified trials, and Rule 9.2 summary trials, and Rule 13 default hearings, payment hearings, and Applications to a judge that require a hearing, the default method of hearing and appearance will be in-person, unless a judge otherwise orders or directs.
  • For small claims settlement conferences and trial conferences, the default method of appearance is Microsoft Teams unless otherwise stated.

For the latest updates, we recommend you contact the court registry or visit: https://www.provincialcourt.bc.ca/. The CRT is fully functional and remained so throughout the pandemic.


© Copyright 2025, The Greater Vancouver Law Students' Legal Advice Society.