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Difference between revisions of "How Small Claims Proceed (20:VIII)"

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How Small Claims Proceed (20:VIII) (view source)

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Complying with all of the court’s rules and orders will ensure that the claim is heard as soon as possible.
Complying with all of the court’s rules and orders will ensure that the claim is heard as soon as possible.


== A. Changes due to COVID-19 ==
== A. Vancouver (Robson Square) and Richmond Small Claims ==
 
Directions for in-person proceedings and filings for small claims court (i.e., claims above $5,000) have been significantly affected by the ongoing COVID-19 pandemic. Restrictions the provincial court registry placed on the services provided and documents that could be filed were removed on July 13, 2020. As of the time of writing, the following protocols apply to appearances:
 
* In-person trials scheduled on or after July 3rd, 2020, have resumed.
* Settlement conferences, trial conferences, and applications and payment hearings scheduled on or after July 3rd, 2020, are proceeding by audio or videoconference. As of May 25, 2021, the default for small claims trial conferences, settlement conferences, applications to a judge, and payment hearings, is by telephone or Teams audioconference or videoconference, unless a judge or judicial justice otherwise orders or directs. The default forms for small claims trials, including Rule 9.1 simplified trials and Rule 9.2 summary trials, and Rule 13 default hearings is in person unless a judge otherwise orders or directs (Provincial Court of BC website at https://www.provincialcourt.bc.ca/COVID19). For details about virtual conference and hearing, visit https://www.provincialcourt.bc.ca/COVID19-Conferences.
 
Because of the fluid public health situation, the functioning of small claims proceedings is subject to ongoing change. For the latest updates, we recommend you contact the court registry or visit:https://www.provincialcourt.bc.ca/COVID19.
 
Conversely, the CRT is fully functional and remained so throughout the pandemic.
 
== B. Vancouver (Robson Square) and Richmond Small Claims ==


=== 1. Claims of $5,001-$10,000 ===
=== 1. Claims of $5,001-$10,000 ===
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If the claimant or counterclaimant is in the business of lending money or extending credit and is suing for a debt that arises from a loan or the extension of credit, a summary trial will be scheduled pursuant to Rule 9.2 of the ''SCR''; except for the trial, no other court appearances are typically required. The trial will be held before a judge and usually takes fewer than 30 minutes to complete.
If the claimant or counterclaimant is in the business of lending money or extending credit and is suing for a debt that arises from a loan or the extension of credit, a summary trial will be scheduled pursuant to Rule 9.2 of the ''SCR''; except for the trial, no other court appearances are typically required. The trial will be held before a judge and usually takes fewer than 30 minutes to complete.


== C. Surrey, North Vancouver, Victoria, or Nanaimo ==
== B. Surrey, North Vancouver, Victoria, or Nanaimo ==


=== 1. Claims of $10,000 or Less ===
=== 1. Claims of $10,000 or Less ===
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Any party to a proceeding where the amount of a claim, counterclaim, or third-party notice exceeds $10,000 '''may''' initiate Rule 7.3 of the ''SCR'' which is mediation. Following mediation or if mediation is not initiated, a settlement conference will be scheduled unless the claim relates to a motor vehicle accident where only liability for property damage is disputed. The final step is a trial pursuant to Rule 10 of the ''SCR''.
Any party to a proceeding where the amount of a claim, counterclaim, or third-party notice exceeds $10,000 '''may''' initiate Rule 7.3 of the ''SCR'' which is mediation. Following mediation or if mediation is not initiated, a settlement conference will be scheduled unless the claim relates to a motor vehicle accident where only liability for property damage is disputed. The final step is a trial pursuant to Rule 10 of the ''SCR''.


== D. Other Registries ==
== C. Other Registries ==


=== 1. Claims of $10,000 or Less ===
=== 1. Claims of $10,000 or Less ===
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If the parties do not reach an agreement at mediation on all issues, the registrar may set (a) a settlement conference (if a settlement conference has not been completed); (b) a trial (if a settlement conference has been completed); or (c) a trial conference (''SCR'', Rule 7.3(53)).  
If the parties do not reach an agreement at mediation on all issues, the registrar may set (a) a settlement conference (if a settlement conference has not been completed); (b) a trial (if a settlement conference has been completed); or (c) a trial conference (''SCR'', Rule 7.3(53)).  


== E. Civil Resolution Tribunal ($5,000 or less) ==
== D. Civil Resolution Tribunal ($5,000 or less) ==


The Civil Resolution Tribunal is designed to facilitate dispute resolution in a way that is accessible, fast, economical, and flexible. It relies heavily on electronic communication tools. It focuses on the resolution by agreement of the parties first, and by the tribunal’s binding decisions if no agreement is reached.
The Civil Resolution Tribunal is designed to facilitate dispute resolution in a way that is accessible, fast, economical, and flexible. It relies heavily on electronic communication tools. It focuses on the resolution by agreement of the parties first, and by the tribunal’s binding decisions if no agreement is reached.
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