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{{LSLAP Manual TOC|expanded = smallclaims}}
{{LSLAP Manual TOC|expanded = smallclaims}}


== A. Civil Resolution Tribunal ==
As of June 1, 2017, the Civil Resolution Tribunal now has jurisdiction for small claims matters of $5000 or less. If you are wanting to bring a claim for between $5001 – 35,000, then it should be brought through Small Claims Court.


The Civil Resolution Tribunal is designed to facilitate dispute resolution in a way that is accessible, speedy, economical and flexible. It relies heavily on electronic communication tools.  It focuses on resolution by agreement of the parties first, and by the Tribunal’s binding decisions if no agreement is reached. Thus, there are several steps to the CRT process before actually applying for dispute resolution with the tribunal.
Directions for filings 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. 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 contract the court registry or visit: https://www.provincialcourt.bc.ca/COVID19.


=== 1. Self Help ===
Conversely, the CRT is fully functional and remained so throughout the pandemic.
 
A claimant must first attempt to resolve the dispute using the tribunal’s online dispute resolution services.  The claimant may use the website’s resources to gather information and diagnose their claim.
 
==== a) Solution Explorer ====
 
The Solution Explorer, available on the CRT website, includes free legal information and self-help tools, such as guided pathways, interactive questions and answers, tools, templates and other resources. Applicants can apply to the CRT for dispute resolution right from the Solution Explorer. 
 
Small Claims Solution Explorer website:
https://civilresolutionbc.ca/how-the-crt-works/getting-started/small-claims-solution-explorer/
 
Strata Solution Explorer website:
https://civilresolutionbc.ca/how-the-crt-works/getting-started/strata-solution-explorer/
 
==== b) Online Negotiations ====
 
The parties may then engage in an online negotiation that is monitored but not mediated or adjudicated. Online negotiations connect parties in order to encourage negotiated settlement. This tool will guide the parties through a structured, low cost negotiation phase.
 
=== 2. Dispute Resolution – Case Management ===
 
If a claimant’s attempt at online dispute resolution has been unsuccessful, the claimant must formally request resolution of the claim through the tribunal and pay all required fees.  A claimant cannot request tribunal resolution if there is a court proceeding or other legally binding process to resolve the claim and a hearing or trial in that court or other legally binding process has been scheduled or has occurred to decide that claim.
 
If the other party does not agree to tribunal resolution or does not reply to the request for tribunal resolution, the tribunal will not resolve the claim unless the defendant is required to participate by either a statute or a court order. Despite the consent of both parties, the tribunal retains 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 s. 11 of the CRTA.
 
==== 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.
 
===== (1) Application Costs and Where to Apply =====
Applications may be made online or a paper application form can be requested by calling 1-844-322-2292. Fees vary slightly by method of application. The cost to apply for dispute resolution online is $75-125, while the cost by paper application is $100-150.


If you are using a paper application, it may be sent to the CRT by:
== A. Settlement Letter ==
            PO Box 9239 Stn Prov Govt
            Victoria, BC  V8W 9J1
 
===== (2) After an Application is Received =====
After an initial review of the Dispute Application Form, the tribunal will provide to the applicant one of the following:
      a) a request for more information about the application;
      b) a Dispute Notice to provide to each respondent; or
      c) an explanation as to why the Dispute Notice will not be issued
Once a Dispute Notice is issued by the tribunal the applicant must:
      a) provide a Dispute Notice and a blank Dispute Response Form to every respondent named in the dispute within 90 days from the day the Dispute Notice is issued by
      the tribunal;
      b) complete the Proof of Notice Form;
      c) provide the completed Proof of Notice Form to the tribunal within 10 days of providing notice; and
      d) provide any other information or evidence about the Dispute Notice or notice process requested by the tribunal.
 
===== (3) Providing Notice to Respondents =====
A Dispute Notice can be provided to a respondent by e-mail, fax, registered mail, courier delivery requiring a signature, or by delivering it in person.  Notice by e-mail is acceptable proof that the notice requirements are met only if the respondent confirms receipt by sending a reply by e-mail to the applicant by the date shown on the Dispute Notice.  Additional rules regarding notice delivery and when notice is considered accepted can be found on the CRT website found at:
https://civilresolutionbc.ca/wp-content/uploads/2017/05/CRT-rules-effective-June-1-2017.pdf (Rules 50-71).
 
Despite the rules, the tribunal may determine that the applicant has provided notice to a respondent using another method than permitted by the tribunal.  The proof of notice form may be found at this link:
https://civilresolutionbc.ca/wp-content/uploads/2017/05/CRT-ProofOfNotice-Person.pdf.
 
A Dispute Notice is invalid if it not provided to a respondent by the deadline on the Dispute Notice, unless the tribunal extends the deadline for providing notice.  An applicant can ask the tribunal for more time to provide notice to a respondent by completing the applicable section of the Request for Directions on How to Provide Notice Form and providing it to the tribunal before the deadline for providing notice has passed.
 
If you have unsuccessfully tried to deliver a Dispute Notice to a respondent and would like to request an alternative method to deliver the notice or an extension of time see:
http://civilresolutionbc.ca/wp-content/uploads/2017/02/CRT-Alternative-Service-Extension-Form.pdf.
 
==== b) Permitted Methods of Service ====
 
===== (1) Individual Under 19 Years Old =====
The applicant must provide the Dispute Notice (by any above method) to that respondent’s parent or guardian unless the tribunal orders otherwise.
 
===== (2) Individuals Over 19 Years Old with Impaired Mental Capacity =====
If an applicant knows that a respondent has a committee of estate, a representative appointed in a representation agreement, or an attorney appointed in an enduring power of attorney, the applicant must provide the Dispute Notice to that person
An applicant must also provide the Dispute Notice to the respondent or the person with whom the respondent normally resides, and the Public Guardian and Trustee.
 
===== (3) Companies defined by the Business Corporations Act =====
An applicant can serve these parties by the following methods: by registered mail, courier delivery requiring a signature or delivery in person to the address shown for the registered office with the Registrar of Companies; by delivery in person at the place of business of the company, to a receptionist or a person who appears to manage or control the company’s business there; or, by delivery in person to a director, officer, liquidator, trustee in bankruptcy or receiver manager of the company.
 
===== (4) Extraprovincial Corporation defined by the Business Corporations Act =====
An applicant can serve these parties by the following methods: by registered mail, courier delivery requiring a signature or delivery in person to the address shown for the head office in the office of the Registrar of Companies if that head office is in British Columbia; by registered mail, courier delivery requiring a signature or delivery in person to the address shown in the office of the Registrar of Companies for any attorney appointed for the extraprovincial company; by delivery in person to the place of business of the extraprovincial company, to a receptionist or a person who appears to manage or control the company’s business there; or, by delivery in person to a director, officer, liquidator, trustee in bankruptcy or receiver manager of the extraprovincial company.
 
===== (5) Society incorporated under the Societies Act =====
An applicant can serve these parties by the following methods: by registered mail, courier delivery requiring a signature or delivery in person to the address for service with the Registrar of Companies; or by delivery in person to a director, officer, receiver manager or liquidator of the society.
 
===== (6) Partnerships =====
An applicant can serve these parties by the following methods: by registered mail, courier delivery requiring a signature or delivery in person to a partner; or, by delivery in person to the partnership’s place of business, to a receptionist or to a person who appears to manage or control the partnership’s business there.
 
===== (7) A trade union, municipality, extraprovincial society, unincorporated association, or a party outside Canada =====
An applicant must complete the Request for Directions on How to Provide Notice Form and provide it to the tribunal, and complete the steps and follow the directions provided by the tribunal.
 
===== (8) ICBC (motor vehicle accident related claims) =====
An applicant must also provide the Dispute Notice to the Insurance Corporation of British Columbia (ICBC) by: sending a copy of the Dispute Notice by registered mail or courier to 800 – 808 Nelson Street, Vancouver, BC V6Z 2H1; or, delivering a copy of the Dispute Notice in person to an employee at any ICBC claim centre.
 
==== c) Facilitated Dispute Resolution (FDR) ====
 
The purpose of the case management phase is to facilitate an agreement between the parties and to prepare for the tribunal hearing should it be required.  The Preparation for Tribunal Hearing phase may be conducted at the same time as the Facilitated Dispute Resolution phase.
 
A case manager will determine which FDR processes are appropriate for a particular dispute and has the authority to require the parties to participate. They can make adjustments or modifications to the facilitation directions at any time during facilitation. FDR may be conducted in person, in writing, by telephone, via videoconferencing, via email, via other electronic communication tools, or a combination of these methods.  These negotiations will be mediated by the case manager.
 
The case manager can direct any party in a dispute to provide to the tribunal and to every other party any information and evidence, including explanations of that information or evidence, information about a party’s ability to pay an amount reached by agreement or ordered by the tribunal, responses to another party’s information and communications, and that party’s position on any proposed resolution of a claim in the dispute. During facilitation, the facilitator can refer any matter requiring a decision or order to a tribunal member, including a party’s non-compliance with directions.
 
At any time during facilitation, the case manager can provide a non-binding neutral evaluation of the claims including any representations, demands, offers, information or evidence relating to a claim, or views on how the tribunal would likely resolve the dispute if it were to be resolved by the tribunal decision process. A case manager’s non-binding neutral evaluation is covered by the confidentiality and non-disclosure rules. If the parties reach a resolution by agreement on any or all of the claims in their dispute, they can ask the tribunal to make a consent resolution order to make the terms of their agreement an order of the tribunal, and pay the required fee. If the parties agree to resolve some, but not all, claims by agreement, the case manager can record their draft agreement based on the terms agreed upon by the parties, and provide a draft consent resolution order to a tribunal member immediately, or along with the Tribunal Decision Plan.
 
If the case manager decides the parties cannot resolve their dispute by agreement, they will inform the parties that activities aimed at finding a resolution by agreement are over, and ask the applicant to pay the tribunal decision fee. If the applicant does not pay the tribunal decision fee, a respondent can pay it. If no party pays the tribunal decision fee within the time period set by the case manager the tribunal may refuse to resolve or dismiss the dispute. If a party pays the tribunal decision fee, the process to prepare the dispute for a tribunal decision will begin.
 
==== d) Preparation for Tribunal Hearing ====
 
If the FDR process does not result in a settlement, the case manager will assist the parties in preparing for adjudication by ensuring the parties understand each other’s positions and by directing the exchange of evidence. Most of this exchange and communication will occur online. To prepare the dispute for a tribunal decision, the case manager can support the parties in identifying and narrowing the claims or issues that will be decided in the tribunal decision process, identifying the facts relevant to resolving the claims or issues in the tribunal decision process, and taking any other steps to prepare for the tribunal decision process.
 
As well, the case manager will give the parties a Tribunal Decision Plan, which sets out required information, steps, and timelines to prepare the dispute for the tribunal decision process. Once the case manager has given the Tribunal Decision Plan to the parties, they cannot add any other party or claim without permission from the tribunal. The tribunal may at any time order that a party be added to the dispute and make directions as to the process to be followed.
 
If a party does not comply with the Tribunal Decision Plan the tribunal may do any of the following:
 
    a) the tribunal can decide the dispute relying only on the information and evidence that was provided in compliance with the Tribunal Decision Plan;
    b) the tribunal can dismiss the claims brought by a party that did not comply with the Tribunal Decision Plan; and
    c) the tribunal can require the non-complying party to pay to another party any fees and other reasonable expenses that arose as a result of a party’s non-
    compliance with the Tribunal Decision Plan.
 
Facilitation ends when the case manager determines that the Tribunal Decision Plan is complete.
 
== B. Settlement Letter ==


The fastest and least expensive way to resolve a dispute is to tell the other person what you are claiming from them and why you are claiming  it. If the other person agrees with the amount or responds in a manner that leads to a settlement, both  parties will save the time, effort, expense, and uncertainty of a lawsuit.  
The fastest and least expensive way to resolve a dispute is to tell the other person what you are claiming from them and why you are claiming  it. If the other person agrees with the amount or responds in a manner that leads to a settlement, both  parties will save the time, effort, expense, and uncertainty of a lawsuit.  
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''Bona fide'' 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.  
''Bona fide'' 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 reductions in the claim or admissions made disappear and cannot be used against the party who made them (See ''Schetky v Cochrane'', [1918] 1 WWR 821 (BCCA); ''Greenwood v Fitts'' (1961), 29 DLR (2d) 260 (BCCA)). 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 reductions in the claim or admissions made disappear and cannot be used against the party who made them (See ''[http://canlii.ca/t/gb4m0 Schetky v Cochrane]'', [1918] 1 WWR 821 (BCCA); ''[http://canlii.ca/t/gwdv3 Greenwood v Fitts]'' (1961), 29 DLR (2d) 260 (BCCA)). 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 $25,000. 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'''.
Settlement letters should be brief, factual, and clearly state the amount claimed even if that amount exceeds $25,000. 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.


== C. Identifying the Defendant(s) ==
== B. Identifying the Defendant(s) ==


If a settlement letter is unsuccessful, parties will be required to file a Notice of Claim through Small Claims Court; see Section V.D.: Drafting the Notice of Claim.
If a settlement letter is unsuccessful, parties will be required to file a Notice of Claim through Small Claims Court if the claim is for between $5,001 and $35,000; see Section V.E.: Drafting the Notice of Claim. If the amount claimed is $5,000 or less, a party will apply for CRT dispute resolution; see Section V.D: Civil Resolution Tribunal.


When drafting a Notice of Claim and throughout the litigation process, it is important to stick to the '''relevant''' facts. Court is not a  forum for airing grievances that do not give rise to a claim. For example, in a claim for breach of contract, the fact that the defendant  acted rudely is generally not relevant to the claim. Including irrelevant facts confuses the issues, wastes time, raises tensions, and makes it more difficult to successfully prove the claim. A good rule to follow for each type of claim is to include '''only the facts necessary''' to satisfy the legal test for that type of claim; brief is better.  
When drafting a Notice of Claim and throughout the litigation process, it is important to stick to the '''relevant''' facts. Court is not a  forum for airing grievances that do not give rise to a claim. For example, in a claim for breach of contract, the fact that the defendant  acted rudely is generally not relevant to the claim. Including irrelevant facts confuses the issues, wastes time, raises tensions, and makes it more difficult to successfully prove the claim. A good rule to follow for each type of claim is to include '''only the facts necessary''' to satisfy the legal test for that type of claim; brief is better.  
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Corporations may be either provincially or federally incorporated. A federal company is incorporated under the ''Canada Business Corporations Act'', RSC 1985, c. C-44 [CBCA]. A BC corporation is incorporated under the ''Business  Corporations Act'', SBC 2002, c 57 [BCBCA].  Corporations may also be registered under the laws of the other provinces and territories.  
Corporations may be either provincially or federally incorporated. A federal company is incorporated under the ''Canada Business Corporations Act'', RSC 1985, c. C-44 [CBCA]. A BC corporation is incorporated under the ''Business  Corporations Act'', SBC 2002, c 57 [BCBCA].  Corporations may also be registered under the laws of the other provinces and territories.  


Because a corporation can have multiple locations, every corporation, including non-BCBCA corporations, doing business in BC must provide an address where it can be served with notices of claim and other important documents. A claimant must perform a company search to obtain the  current registered address for the defendant corporation. (''Rule'' 1(2.1); ''Rule'' 5(2.1). See [[Small_Claims_Legislation_and_Resources_(20:App_E) Appendix E]] for instructions on conducting a company search.) This address must be listed as the corporation’s address on the notice of claim form.   
Because a corporation can have multiple locations, every corporation, including non-BCBCA corporations, doing business in BC must provide an address where it can be served with notices of claim and other important documents. A claimant must perform a company search to obtain the  current registered address for the defendant corporation. (''Rule'' 1(2.1); ''Rule'' 5(2.1). See [[Small_Claims_Legislation_and_Resources_(20:App_E)|Appendix E]] for instructions on conducting a company search.) This address must be listed as the corporation’s address on the notice of claim form.   


==== b) Partnership ====
==== b) Partnership ====
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Telephone: (604) 661-2233 or 1(800) 464-5050
Telephone: (604) 661-2233 or 1(800) 464-5050


'''Note: If a motor vehicle has caused personal injury or property damage or a claimant has been denied coverage by ICBC, refer to the entire  Law Students’ Legal Advice Program’s “Automobile Insurance (ICBC)” guide. Claims involving motor vehicles and motor vehicle insurance can be  complicated; it is not possible to cover all possibilities in this Small Claims guide.'''
'''Note: If a motor vehicle has caused personal injury or property damage or a claimant has been denied coverage by ICBC, refer to [[Introduction to ICBC Automobile Insurance (12:I)| Chapter 12 - ICBC Motor Vehicle Insurance]] and [[Introduction to Motor Vehicle Law (13:I)|Chapter 13 - Motor Vehicle Law]]. Claims involving motor vehicles and motor vehicle insurance can be  complicated; it is not possible to cover all possibilities in this Small Claims guide.'''


A claimant should be alert to the following:  
A claimant should be alert to the following:  
*if the accident occurred after April 1st, 2019, the dispute resolution through the CRT will be available for damage claims up to $50,000, benefits disputes, fault determinations and “minor injury” determinations;
*a claim involving motor vehicle insurance may have a shorter limitation period;  
*a claim involving motor vehicle insurance may have a shorter limitation period;  
*parties other than the driver (e.g., the owner of the vehicle) may also be liable;  
*parties other than the driver (e.g., the owner of the vehicle) may also be liable;  
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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 s 23(1) of the ''Crown Liability and Proceedings Act'', RSC 1985, c C-50; ''Goodhead v The Law Society Of BC'', 1997 CanLII 4299 (BC SC)).  
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 s 23(1) of the ''Crown Liability and Proceedings Act'', RSC 1985, c C-50; ''[http://canlii.ca/t/1f4rl Goodhead v The Law Society Of BC]'', 1997 CanLII 4299 (BC SC)).  


==== 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. (See ''Dixon v Deacon Morgan McEwen Easson'', 1989 CanLII 2786 (BC SC)). A claimant who wishes to sue for damages arising from the conduct of a police officer should sue the individual police officers and the Minister of Justice and Attorney General. (See ''Amezcua v Taylor'', 2010 BCCA 128 (CanLII); ''Roy v British Columbia (Attorney General)'', 2005 BCCA 88 (CanLII)). A claimant who is suing a municipal police force should sue the individual police officers as well as the municipality employing the police officers. It is critical that a claimant provide written notice to the city within '''two months''' of the event giving rise to the cause of action. (See ''Local Government Act'', RSBC 1996, c 323, s 286(1)).
The “Royal Canadian Mounted Police” is not a legal entity that can sue or be sued. (See ''[http://canlii.ca/t/1dtx9 Dixon v Deacon Morgan McEwen Easson]'', 1989 CanLII 2786 (BC SC)). A claimant who wishes to sue for damages arising from the conduct of a police officer should sue the individual police officers and the Minister of Justice and Attorney General. (See ''[http://canlii.ca/t/28lkh Amezcua v Taylor]'', 2010 BCCA 128 (CanLII); ''[http://canlii.ca/t/1jsn7 Roy v British Columbia (Attorney General)]'', 2005 BCCA 88 (CanLII)). A claimant who is suing a municipal police force should sue the individual police officers as well as the municipality employing the police officers. It is critical that a claimant provide written notice to the city within '''two months''' of the event giving rise to the cause of action. (See ''Local Government Act'', RSBC 1996, c 323, s 286(1)).


=== 7. Suing a Municipality ===
=== 7. Suing a Municipality ===


Municipalities are special corporations incorporated by letters patent. Depending on its size, a municipality is referred to as a village, town, city, or a district municipality. (See ''Local Government Act'', RSBC 1996, c 323, s 17(1)). When letters patent are issued, the name of the incorporated municipality is published in the BC Gazette. (See ''Local Government Act'', RSBC 1996, c 323, s 15(1)(a)). A claimant should search the [https://www.crownpub.bc.ca/Home/Gazette BC Gazette] to obtain the legal name of the municipality.
Municipalities are special corporations incorporated by letters patent. A municipality means, in relation to a regional district, a municipality in the regional district and, in the case of the Metro Vancouver Regional District, includes the City of Vancouver (See ''Local Government Act'', RSBC 2015, c 1, Schedule - s 1). When letters patent are issued, the name of the incorporated municipality is published in the BC Gazette (See ''Local Government Act'', RSBC 2015, c 1, s 780(1)(a)). A claimant should search the BC Gazette to obtain the legal name of the municipality.
 
It is critical that a claimant provide written notice to the city within '''two months''' of the time, place and manner in which the damage has been sustained. As well, all legal actions must be commenced within 6 months after the cause of action first arose (See ''Local Government Act, RSBC 2015, c 1, ss 735 and 736). For more information, please see [[Introduction to Public Complaints (5:I)|Chapter 15 - Public Complaints]].


=== 8. Suing a Young or Mentally Incompetent Person ===
=== 8. Suing a Young or Mentally Incompetent Person ===


A minor, also called an infant, is a person who is under 19 years of age at the time the claim is filed. Mentally incompetent persons as well as minors are persons with a legal disability. When suing such persons, Rule 20-2 of the ''Supreme Court Civil Rules'' applies, with the exception  of Rule 20-2(4) (which does not apply in Small Claims cases). (See ''Small Claims Rule'' 17(18)). Persons with a legal disability must be  represented by a litigation guardian. With some limitations, a litigation guardian can be any person ordinarily resident in British Columbia.
A minor, also called an infant, is a person who is under 19 years of age at the time the claim is filed. Mentally incompetent persons as well as minors are persons with a legal disability. When suing such persons, the following rules of the ''Supreme Court Civil Rules'', BC Reg 168/2009 [SCCR] apply:
*Rule 4-3 (2)(f) for serving documents by personal service;
*Rule 7-2 (9) for examination of mentally incompetent persons for discovery
*Rule 12-5 (50) for evidence from examinations for discovery for mentally incompetent persons
*Rule 20-2(8) for the lawyer for a person under disability
*Rule 20-2(10) if a party to a proceeding becomes a mentally incompetent person
*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


If the claim involves personal injury, Rule 20-2(4) of the ''Supreme Court Civil Rules'' applies and requires that the litigation guardian act by a lawyer unless the litigation guardian is the Public Guardian and Trustee.  
Persons with a legal disability must be represented by a litigation guardian (See SCCR, Rule 20-2(2)).  With some limitations, a litigation guardian can be any person ordinarily resident in British Columbia.


A party cannot take a step in default against a person with a legal disability without the court’s permission. A settlement with a party under a  legal disability is not binding unless the court approves it.  
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.


These rules also apply to a party who becomes mentally incompetent at any point in the proceeding.
A party cannot take a step in default against a person with a legal disability without the court’s permission.  A settlement with a party under a legal disability is not binding unless the court approves it.


=== 9. Suing an Insurance Company other than ICBC ===
=== 9. Suing an Insurance Company other than ICBC ===
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A claimant must decide whether or not to sue before the limitation period expires. If the limitation period expires, a claimant cannot later sue  on that cause of action if the defendant’s circumstances change.
A claimant must decide whether or not to sue before the limitation period expires. If the limitation period expires, a claimant cannot later sue  on that cause of action if the defendant’s circumstances change.


== D. Drafting the Notice of Claim ==
== D. Civil Resolution Tribunal ==
 
The Civil Resolution Tribunal is designed to facilitate dispute resolution in a way that is accessible, speedy, economical and flexible for amounts $5,000 and under.  It relies heavily on electronic communication tools.  It focuses on resolution by agreement of the parties first, and by the Tribunal’s binding decisions if no agreement is reached. Thus, there are several steps to the CRT process before actually applying for dispute resolution with the tribunal.
 
=== 1. Self Help ===
 
A claimant must first attempt to resolve the dispute using the tribunal’s online dispute resolution services.  The claimant may use the website’s resources to gather information and diagnose their claim.
 
==== a) Solution Explorer ====
 
The Solution Explorer, available on the CRT website, includes free legal information and self-help tools, such as guided pathways, interactive questions and answers, tools, templates and other resources. Applicants can apply to the CRT for dispute resolution right from the Solution Explorer. 
 
Small Claims Solution Explorer website:
https://civilresolutionbc.ca/how-the-crt-works/getting-started/small-claims-solution-explorer/
 
Strata Solution Explorer website:
https://civilresolutionbc.ca/how-the-crt-works/getting-started/strata-solution-explorer/
 
Motor Vehicle Injury Solution Explorer website:
https://civilresolutionbc.ca/how-the-crt-works/getting-started/motor-vehicle-accidents-and-injuries/
 
==== b) Online Negotiations ====
 
The parties may then engage in an online negotiation that is monitored but not mediated or adjudicated. Online negotiations connect parties in order to encourage negotiated settlement. This tool will guide the parties through a structured, low-cost negotiation phase.
 
=== 2. Dispute Resolution – Case Management ===
 
If a claimant’s attempt at online dispute resolution has been unsuccessful, the claimant must formally request resolution of the claim through the tribunal and pay all required fees.  A claimant cannot request tribunal resolution if there is a court proceeding or other legally binding process to resolve the claim and a hearing or trial in that court or other legally binding process has been scheduled or has occurred to decide that claim. During the case management phase, the case manager will attempt to facilitate a settlement between the parties by clarifying the claim, providing facilitated mediation, and asking the parties to exchange evidence. If the dispute is not resolved during facilitation, the case manager will help prepare the parties for the tribunal decision process.
 
If parties do not resolve the claim during the case management phase, the claim will proceed by tribunal hearing (Civil Resolution Tribunal Act, SBC 2012, c 25, s 30 [CRTA]).  If a party to a dispute fails to comply with an order of the tribunal made during the case management phase, the case manager may (after giving notice to the non-compliant party) refer the dispute to the tribunal for resolution, where the tribunal will: a) proceed to hear the dispute; b) make an order dismissing a claim in the dispute that is made by the non-compliant party; or c) refuse to resolve a claim of the non-compliant party or refuse to resolve the dispute.
 
Despite the consent of both parties, the tribunal retains 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 CRTA s 11.
 
==== 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.


The Notice of Claim is the document that starts an action in Small Claims Court. The Notice of Claim form is comprised of several sections and each section must be completed. The form can be either typed or handwritten. Hard copies are available from the court registry (see [[Small_Claims_Registries_(20:App_A) | Appendix A]]) and an electronic copy is [http://bit.ly/UO7v9l available online]. Where possible, a claimant should type the Notice of Claim form.  
'''NOTE:''' Parties drafting an application to the CRT should review the guidelines set out in Section V.E: Drafting a Notice of Claim for advice regarding what information should be included.


A sample Notice of Claim is attached (see [[Sample_Notice_of_Claim_for_Small_Claims_(20:App_C) | Appendix C]]) and may be a helpful guideline when drafting a Notice of Claim.  
===== (1) Application Costs and Where to Apply =====
Applications may be made online or a paper application form can be found online at https://civilresolutionbc.ca/resources/forms/#apply-for-crt-dispute-resolution.  Fees vary slightly by method of application. The cost to apply for dispute resolution online is $75-125, while the cost by paper application is $100-150.
 
If you are using a paper application, it may be sent to the CRT by mail to:
PO Box 9239 Stn Prov Govt
Victoria, BC
V8W 9J1
 
===== (2) After an Application is Received =====
After an initial review of the Dispute Application Form, the tribunal will provide to the applicant one of the following:
*a request for more information about the application;
*a Dispute Notice to provide to each respondent; or
*an explanation as to why the Dispute Notice will not be issued
 
Once a Dispute Notice is issued by the tribunal the applicant must:
*provide a Dispute Notice and a blank Dispute Response Form to every respondent named in the dispute within 90 days from the day the Dispute Notice is issued by
*complete the Proof of Notice Form;
*provide the completed Proof of Notice Form to the tribunal within 10 days of providing notice; and
*provide any other information or evidence about the Dispute Notice or notice process requested by the tribunal.
 
===== (3) Providing Notice to, or Serving, the Respondents =====
If the tribunal advises the applicant that they must serve the Dispute Notice and instructions for response, the applicant must:
*serve the Dispute Notice and instructions for response on every respondent named in the dispute and not served by the tribunal within 90 days from the day the Dispute Notice is issued by the tribunal,
*complete the Proof of Service Form and provide it to the tribunal within 90 days from the day the Dispute Notice is issued by the tribunal, and
*provide any other information or evidence about the Dispute Notice or service process requested by the tribunal
 
A Dispute Notice can be served on a respondent by e-mail, registered mail, courier delivery requiring a signature, or personal delivery.  Notice by e-mail is acceptable proof that the notice requirements are met only if the respondent confirms receipt by sending a reply by e-mail to the applicant by the date shown on the Dispute Notice.  Additional rules regarding notice delivery and when notice is considered accepted, can be found here: https://civilresolutionbc.ca/wp-content/uploads/2020/04/CRT-Rules-in-force-May-1-2020.pdf.
 
If you have unsuccessfully tried to deliver a Dispute Notice to a respondent, you should contact the CRT to request an alternative method of delivery.
 
==== b) Permitted Methods of Service ====
 
===== (1) Individual Under 19 Years Old =====
The applicant must provide the Dispute Notice (by any above method) to that respondent’s parent or guardian unless the tribunal orders otherwise.
 
===== (2) Individuals Over 19 Years Old with Impaired Mental Capacity =====
If an applicant knows that a respondent has a committee of estate, a representative appointed in a representation agreement, or an attorney appointed in an enduring power of attorney, the applicant must provide the Dispute Notice to that person
 
An applicant must also provide the Dispute Notice to the respondent or the person with whom the respondent normally resides, and the Public Guardian and Trustee.
 
===== (3) Companies defined by the Business Corporations Act =====
An applicant can serve these parties by the following methods:
*by registered mail, courier delivery requiring a signature or delivery in person to the address shown for the registered office with the Registrar of Companies;
*by delivery in person at the place of business of the company, to a receptionist or a person who appears to manage or control the company’s business there;
*by delivery in person to a director, officer, liquidator, trustee in bankruptcy or receiver manager of the company.
 
===== (4) Extraprovincial Corporation defined by the Business Corporations Act =====
An applicant can serve these parties by the following methods:
*by registered mail, courier delivery requiring a signature or delivery in person to the address shown for the head office in the office of the Registrar of Companies if that head office is in British Columbia;
*by registered mail, courier delivery requiring a signature or delivery in person to the address shown in the office of the Registrar of Companies for any attorney appointed for the extraprovincial company; by delivery in person to the place of business of the extraprovincial company, to a receptionist or a person who appears to manage or control the company’s business there;
*by delivery in person to a director, officer, liquidator, trustee in bankruptcy or receiver-manager of the extraprovincial company.
 
===== (5) Society incorporated under the Societies Act =====
An applicant can serve these parties by the following methods:
*by registered mail, courier delivery requiring a signature or delivery in person to the address for service with the Registrar of Companies;
*by delivery in person to a director, officer, receiver manager or liquidator of the society.
 
===== (6) Partnerships =====
An applicant can serve these parties by the following methods:
*by registered mail, courier delivery requiring a signature or delivery in person to a partner;
*by delivery in person to the partnership’s place of business, to a receptionist or to a person who appears to manage or control the partnership’s business there.
 
===== (7) Any Other Type of Party =====
Follow the directions provided by the Tribunal.
 
===== (8) ICBC (Motor Vehicle Accident-Related Claims) =====
An applicant must also provide the Dispute Notice to the Insurance Corporation of British Columbia (ICBC) by:
*sending a copy of the Dispute Notice by registered mail or courier to 800 – 808 Nelson Street, Vancouver, BC V6Z 2H1; or,
*delivering a copy of the Dispute Notice in person to an employee at any ICBC claim centre.
 
==== c) Negotiation and Facilitation ====
 
The purpose of the case management phase is to facilitate an agreement between the parties and to prepare for the tribunal hearing should it be required.  The Preparation for Tribunal Hearing phase may be conducted at the same time as the Facilitated Dispute Resolution phase.
A case manager will determine which processes are appropriate for a particular dispute and has the authority to require the parties to participate. They can adjust or modify the facilitation directions at any time during facilitation. Negotiation and facilitation may be conducted in person, in writing, by telephone, via videoconferencing, via email, via other electronic communication tools, or a combination of these methods.  These negotiations will be mediated by the case manager.
The case manager can direct any party in a dispute to provide to the tribunal and to every other party any information and evidence, including explanations of that information or evidence, information about a party’s ability to pay an amount reached by agreement or ordered by the tribunal, responses to another party’s information and communications, and that party’s position on any proposed resolution of a claim in the dispute. During facilitation, the facilitator can refer any matter requiring a decision or order to a tribunal member, including a party’s non-compliance with directions. The information shared during facilitated mediation is confidential and is generally not allowed to be included in the Tribunal Decision Plan.
If the parties reach a resolution by agreement on any or all of the claims in their dispute, they can ask the tribunal to make a consent resolution order to make the terms of their agreement an order of the tribunal, and pay the required fee. If the parties agree to resolve some, but not all, claims by agreement, the case manager can record their draft agreement based on the terms agreed upon by the parties, and provide a draft consent resolution order to a tribunal member immediately, or along with the Tribunal Decision Plan.
If the case manager decides the parties cannot resolve their dispute by agreement, they will inform the parties that activities aimed at finding a resolution by agreement are over and ask the applicant to pay the tribunal decision fee. If the applicant does not pay the tribunal decision fee, a respondent can pay it. If no party pays the tribunal decision fee within the time period set by the case manager, the tribunal may refuse to resolve or dismiss the dispute. If a party pays the tribunal decision fee, the process to prepare the dispute for a tribunal decision will begin.
 
==== d) Preparation for Tribunal Hearing ====
 
If the negotiation and facilitation process does not result in a settlement, the case manager will assist the parties in preparing for adjudication by ensuring the parties understand each other’s positions and by directing the exchange of evidence. Most of this exchange and communication will occur online. To prepare the dispute for a tribunal decision, the case manager can support the parties in identifying and narrowing the claims or issues that will be decided in the tribunal decision process, identifying the facts relevant to resolving the claims or issues in the tribunal decision process, and taking any other steps to prepare for the tribunal decision process.
 
As well, the case manager will give the parties a Tribunal Decision Plan, which sets out required information, steps, and timelines to prepare the dispute for the tribunal decision process. Parties must include in the Tribunal Decision Plan all relevant evidence they possess regarding their claim, including evidence which does not support their position . Common kinds of evidence include photos or videos, contracts, correspondence regarding the dispute, and statements from witnesses or experts. All evidence and materials relied on must be translated into English . More information about evidence can be found at https://civilresolutionbc.ca/tribunal-process/starting-a-dispute/evidence/. In particular, the CRT has specific rules regarding expert evidence. See [[Small_Claims_Trial_Preparation_(20:XIII)#|Section XIII.B.: Expert Witnesses]].
 
For motor vehicle injury claims, pertinent medical information should also be provided. Note that for this class of dispute there are limits on both the amount of expert evidence that can be submitted and the amount of money that the CRT can order one party to reimburse another for fees and expenses. A party wishing to adduce expert evidence to support a motor vehicle injury claim should consult https://civilresolutionbc.ca/expert-evidence-and-expenses-in-mva-personal-injury-disputes/ for more information. For strata disputes, copies of strata meeting minutes and any complain letters and/or bylaw infraction letters should be included in the Tribunal Decision Plan.
 
Once the case manager has given the Tribunal Decision Plan to the parties, they cannot add any other party or claim without permission from the tribunal. The tribunal may at any time order that a party be added to the dispute and make directions as to the process to be followed.
 
If a party does not comply with the Tribunal Decision Plan the tribunal may do any of the following:
    a) the tribunal can decide the dispute relying only on the information and evidence that was provided in compliance with the Tribunal Decision Plan;
    b) the tribunal can dismiss the claims brought by a party that did not comply with the Tribunal Decision Plan; and
    c) the tribunal can require the non-complying party to pay to another party any fees and other reasonable expenses that arose as a result of a party’s non-compliance with the Tribunal Decision Plan.
 
Facilitation ends when the case manager determines that the Tribunal Decision Plan is complete.
 
== E. Drafting the Notice of Claim ==
 
The Notice of Claim is the document that starts an action in Small Claims Court. The Notice of Claim form is comprised of several sections and each section must be completed. The form can be either typed or handwritten. Hard copies are available from the court registry (See [[Small_Claims_Registries_(20:App_A)|Appendix A]]) and an electronic copy is [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms available online].
 
Where possible, a claimant should type the Notice of Claim form. A sample Notice of Claim is attached (See [[Sample_Notice_of_Claim_for_Small_Claims_(20:App_C)|Appendix C]]) and may be a helpful guideline when drafting a Notice of Claim.  


=== 1. “From” ===
=== 1. “From” ===


This section must contain the claimant’s full legal name, address, and telephone number. The claimant has an on-going duty to notify the court registry of any changes to the information in this section. Failure to provide the registry with current and accurate contact informationmay  result in the claimant’s claim being dismissed and/or the claimant being liable for costs or penalties.  
This section must contain the claimant’s full legal name, address, and telephone number. The claimant has an on-going duty to notify the court registry of any changes to the information in this section. Failure to provide the registry with current and accurate contact information may result in the claimant’s claim being dismissed and/or the claimant being liable for costs or penalties.  


=== 2. “To” ===
=== 2. “To” ===
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The pleadings should describe:  
The pleadings should describe:  
*a) the relationship of the parties (e.g., buyer and seller); and  
*the relationship of the parties (e.g., buyer and seller); and  
*b) the dates, places, and details of amounts, services, or practices involved.  
*the dates, places, and details of amounts, services, or practices involved.  


Claimants will usually be bound by the facts in the pleadings. If the facts or legal basis need to be changed, the claimant may be able to amend the Notice of Claim (Rule 8).  
Claimants will usually be bound by the facts in the pleadings. If the facts or legal basis need to be changed, the claimant may be able to amend the Notice of Claim (Small Claims Rules, BC Reg 261/93, Rule 8).  


When there is more than one defendant, the claimant should make it clear whether their liability is joint, several, or joint and several. This  distinction affects enforcement of a judgment and any subsequent actions arising out of the same cause. Liability stated as joint and several is more inclusive.  
When there is more than one defendant, the claimant should make it clear whether their liability is joint, several, or joint and several. This  distinction affects enforcement of a judgment and any subsequent actions arising out of the same cause. Liability stated as joint and several is more inclusive.  
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If liability is joint, the defendants must be sued as a group however the claimant can recover the full amount from any or all of the defendants.  
If liability is joint, the defendants must be sued as a group however the claimant can recover the full amount from any or all of the defendants.  


Where liability is several, the claimant can sue any or all of the defendants however each defendant is obligated to repay only his own portion of the debt.  
Where liability is several, the claimant can sue any or all of the defendants however each defendant is obligated to repay only their own portion of the debt.  


Where liability is joint and several, the claimant may sue any or all of the defendants and may recover the full amount from any or all of the  defendants. The debtors can then litigate among themselves to apportion the debt between them.  
Where liability is joint and several, the claimant may sue any or all of the defendants and may recover the full amount from any or all of the  defendants. The debtors can then litigate among themselves to apportion the debt between them.  
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=== 4. “Where?” ===
=== 4. “Where?” ===


The claimant should enter the name of the municipality as well as the province where the cause of action arose. If the cause of action arose outside of British Columbia, the claimant must state in the “What Happened?” section how the court has jurisdiction over the claim. (See ''Dreambank, supra''.)  
The claimant should enter the name of the municipality as well as the province where the cause of action arose. If the cause of action arose outside of British Columbia, the claimant must state in the “What Happened?” section how the court has jurisdiction over the claim. (See ''[http://canlii.ca/t/frv57 Dreambank, supra]''.)  


=== 5. “When?” ===
=== 5. “When?” ===
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=== 6. “How Much?” ===
=== 6. “How Much?” ===


This is where the claimant describes the remedy. In most cases, this will be an amount of money. However a claimant may request an alternative  remedy. For example, the claimant could request the return of an item or, in the alternative, the value of it, as well as damages. A claimant  who wants items returned should consider what condition they will be in, and whether he or she really wants them back.  
This is where the claimant describes the remedy. In most cases, this will be an amount of money. However a claimant may request an alternative  remedy. For example, the claimant could request the return of an item or, in the alternative, the value of it, as well as damages. A claimant  who wants items returned should consider what condition they will be in, and whether they really wants them back.  


==== a) Interest ====
==== a) Interest ====


If there is no mention of interest in a contract between the parties, the court will award interest to the successful claimant from the date  the cause of action arose until the date of judgment. (See ''Court Order Interest Act'', supra, s. 1(1); ''Red Back Mining Inc v Geyser Ltd'', 2006 BCSC 1880 (CanLII)). This is called “pre-judgment interest”. Interest in a claim for debt is calculated from the date the debt became due and, in a claim for damages, from the date the damages arose.  
If there is no mention of interest in a contract between the parties, the court will award interest to the successful claimant from the date  the cause of action arose until the date of judgment. (See ''Court Order Interest Act'', supra, s. 1(1); ''[http://canlii.ca/t/1q657 Red Back Mining Inc v Geyser Ltd]'', 2006 BCSC 1880 (CanLII)). This is called “pre-judgment interest”. Interest in a claim for debt is calculated from the date the debt became due and, in a claim for damages, from the date the damages arose.  


The court sets the interest rate every six months and publishes a table listing the rates applicable to each six-month period. The Notice of Claim should indicate a claim for “Interest pursuant to the ''Court Order Interest Act''” but leave the amount area blank; the registry will calculate the amount according to the table.  
The court sets the interest rate every six months and publishes a table listing the rates applicable to each six-month period. The Notice of Claim should indicate a claim for “Interest pursuant to the ''Court Order Interest Act''” but leave the amount area blank; the registry will calculate the amount according to the table.  


'''Note: While a claimant may be paying a higher interest rate on a credit card or loan as a result of the defendant’s actions, the claimant  is limited to the pre-judgment interest rate set by the court unless the parties have expressly agreed that interest will be paid.'''
'''Note:''' While a claimant may be paying a higher interest rate on a credit card or loan as a result of the defendant’s actions, the claimant  is limited to the pre-judgment interest rate set by the court unless the parties have expressly agreed that interest will be paid.


If the parties have agreed on a rate of interest, the Notice of Claim should indicate a claim for contract interest, the applicable interest rate, and the date from which the interest began to accrue. The amount of interest that has accrued up to the date of filing should be included on the Notice of Claim as well as the amount of interest that accrues each day. It is important to note that a claim for contract interest is,  in substance, a claim for contractual damages. Accordingly, the claim for contract interest together with the principal amount must be within  the Small Claims Court’s monetary jurisdiction. If a claim for contract interest has or could cause the total claim to exceed the court’s  monetary jurisdiction, it would be prudent to state on the Notice of Claim that the claimant abandons the amount necessary to bring the claim within the Small Claims Court’s monetary jurisdiction.  
If the parties have agreed on a rate of interest, the Notice of Claim should indicate a claim for contract interest, the applicable interest rate, and the date from which the interest began to accrue. The amount of interest that has accrued up to the date of filing should be included on the Notice of Claim as well as the amount of interest that accrues each day. It is important to note that a claim for contract interest is,  in substance, a claim for contractual damages. Accordingly, the claim for contract interest together with the principal amount must be within  the Small Claims Court’s monetary jurisdiction. If a claim for contract interest has or could cause the total claim to exceed the court’s  monetary jurisdiction, it would be prudent to state on the Notice of Claim that the claimant abandons the amount necessary to bring the claim within the Small Claims Court’s monetary jurisdiction.  


If the parties have agreed that interest will be paid but have not agreed on a rate of interest, the rate of interest is five per cent per annum. (See ''Interest Act'', RSC 1985, c I-15, s 3).  
If the parties have agreed that interest will be paid but have not agreed on a rate of interest, the rate of interest is five per cent per annum (See ''Interest Act'', RSC 1985, c I-15, s 3).  


Generally, even if the parties agree to a rate of interest expressed with reference to a period other than one year (e.g., 2% per month), a  claimant can only recover a maximum of five per cent per annum unless the contract expressly states a yearly rate or percentage of interest  that is equivalent to the other rate (e.g., 24% per annum). (See ''Interest Act'', RSC 1985, c I-15, s 4).  
Generally, even if the parties agree to a rate of interest expressed with reference to a period other than one year (e.g., 2% per month), a  claimant can only recover a maximum of five per cent per annum unless the contract expressly states a yearly rate or percentage of interest  that is equivalent to the other rate (e.g., 24% per annum) (See ''Interest Act'', RSC 1985, c I-15, s 4).  


It is a criminal offence to receive, or enter into an agreement to pay or receive, interest at a rate that exceeds 60% per annum. (See ''Criminal Code'', RSC 1985, c C-46, s 347(1)). Interest has a broad definition and includes fees, fines, penalties, commissions, and other  similar charges including costs relating to advancing credit.  
It is a criminal offence to receive, or enter into an agreement to pay or receive, interest at a rate that exceeds 60% per annum (See ''Criminal Code'', RSC 1985, c C-46, s 347(1)). Interest has a broad definition and includes fees, fines, penalties, commissions, and other  similar charges including costs relating to advancing credit.  


If the judgment is not paid immediately, post-judgment interest may be awarded. The court has the discretion to vary the rate of interest or  to set a different date from which the interest commences. (See ''Court Order Interest Act'', supra, s 8).
If the judgment is not paid immediately, post-judgment interest may be awarded. The court has the discretion to vary the rate of interest or  to set a different date from which the interest commences (See ''Court Order Interest Act'', supra, s 8).


==== b) Claims between $5000-$35,000 ====
==== b) Claims between $5000-$35,000 ====
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In order to sue in Small Claims Court for a claim exceeding $35,000, the claimant must state, “The Claimant abandons the portion of any net judgment that exceeds $35,000” (Rules 1(4) and (5)). At any time prior to trial, the claimant can decide to sue for the full amount and apply  to transfer the claim to the Supreme Court of British Columbia (see ''Der v Giles'', 2003 BCSC 623). Once the trial has been heard, however,  the abandonment is likely permanent.  
In order to sue in Small Claims Court for a claim exceeding $35,000, the claimant must state, “The Claimant abandons the portion of any net judgment that exceeds $35,000” (Rules 1(4) and (5)). At any time prior to trial, the claimant can decide to sue for the full amount and apply  to transfer the claim to the Supreme Court of British Columbia (see ''Der v Giles'', 2003 BCSC 623). Once the trial has been heard, however,  the abandonment is likely permanent.  


There is an exception to the $35,000 limit. If more than one claimant has filed a Notice of Claim against the same defendant(s) concerning the  same event, or, if one claimant has filed Notices of Claim against more than one defendant concerning the same event, the judge may decide each  claim separately, even though the total of all the claims (not including interest and expenses) exceeds $35,000 (Rule 7.1(4)). Such claims often have a trial at the same time although the claimant(s) must request this.  
There is an exception to the $35,000 limit. If more than one claimant has filed a Notice of Claim against the same defendant(s) concerning the  same event, or, if one claimant has filed Notices of Claim against more than one defendant concerning the same event, the judge may decide each  claim separately, even though the total of all the claims (not including interest and expenses) exceeds $35,000 (''Small Claims Rules, supra'', Rule 7.1(4)). Such claims often have a trial at the same time although the claimant(s) must request this.  


==== c) Filing Fees ====
===== (1) Filing Fees =====


Filing fees are those fees paid to file the Notice of Claim and are either $100 or $156 unless the fees have been waived. The registry staff  will enter this amount. Filing fees are recoverable if the claimant is successful.  
Filing fees are those fees paid to file the Notice of Claim and are either $100 or $156 unless the fees have been waived. The registry staff  will enter this amount. Filing fees are recoverable if the claimant is successful. See [[Small_Claims_Court_Fees_(20:App_H)|Appendix H: Small Claims Court Fees]].


Please note that fees for the CRT are different. (See Appendix I: Civil Resolution Tribunal Fees)
Please note that fees for the CRT are different. See [[Civil_Resolution_Tribunal_Fees_(20:App_I)|Appendix I: Civil Resolution Tribunal Fees]]


==== d) Service Fees ====
===== (2) Service Fees =====


Service fees are an estimate of the cost of serving the defendant(s). The  amount varies based on the method of service and the number of defendants. The registry staff will enter this amount. Service fees are recoverable if the claimant is successful; however, as the claimed  amount is only an estimate, a judge has discretion to either increase or decrease the allowed service fees.  
Service fees are an estimate of the cost of serving the defendant(s). The  amount varies based on the method of service and the number of defendants. The registry staff will enter this amount. Service fees are recoverable if the claimant is successful; however, as the claimed  amount is only an estimate, a judge has discretion to either increase or decrease the allowed service fees.  


==== e) Other Expenses ====
===== (3) Other Expenses =====


Unless a judge or the Registrar orders otherwise, an unsuccessful party '''must''' pay to the successful party (Rule 20(2)):  
Unless a judge or the Registrar orders otherwise, an unsuccessful party '''must''' pay to the successful party (Rule 20(2)):  
Line 373: Line 405:
*any other reasonable charges or expenses directly related to the proceedings. (See Rule 20(2); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11138 Bagry v. Aoujla]'', [1994] B.C.J. No. 1212 (QL) (Prov. Ct.); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11209 Gaudet v. Mair]'', [1996] B.C.J. No. 2547 (QL) (Prov. Ct.); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11234 Johnston v. Morris]'', 2004 BCPC 511).  
*any other reasonable charges or expenses directly related to the proceedings. (See Rule 20(2); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11138 Bagry v. Aoujla]'', [1994] B.C.J. No. 1212 (QL) (Prov. Ct.); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11209 Gaudet v. Mair]'', [1996] B.C.J. No. 2547 (QL) (Prov. Ct.); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11234 Johnston v. Morris]'', 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. (See ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=24429 Faulkner v. Sellars]'' (1998), 9 C.C.L.I. (3d) 247 (B.C. Prov. Ct.)). For additional case examples, please see Rule 20(2); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11138 Bagry v. Aoujla]'', [1994] B.C.J. No. 1212 (QL) (Prov. Ct.); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11209 Gaudet v. Mair]'', [1996] B.C.J. No. 2547 (QL) (Prov. Ct.); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11234 Johnston v. Morris]'', 2004 BCPC 511. If such expenses are known at the time of filing, they  should be stated on the Notice of Claim. If they occur afterwards, 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. (See ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=24429 Faulkner v. Sellars]'' (1998), 9 C.C.L.I. (3d) 247 (B.C. Prov. Ct.)). For additional case examples, please see Rule 20(2); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11138 Bagry v. Aoujla]'', [1994] B.C.J. No. 1212 (QL) (Prov. Ct.); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11209 Gaudet v. Mair]'', [1996] B.C.J. No. 2547 (QL) (Prov. Ct.); ''[http://canlii.ca/t/1jpxj Johnston v. Morris]'', 2004 BCPC 511. If such expenses are known at the time of filing, they  should be stated on the Notice of Claim. If they occur afterwards, the successful party may request them at the conclusion of the trial.  


Although legal fees '''cannot''' be recovered, legal disbursements may be recoverable if they fit one of the criteria above.  
Although legal fees '''cannot''' be recovered, legal disbursements may be recoverable if they fit one of the criteria above.  
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Parties are not compensated for the time they spend preparing for or attending court.
Parties are not compensated for the time they spend preparing for or attending court.


== E. Filing a Notice of Claim ==
== F. Filing a Notice of Claim ==


=== 1. Cost ===
=== 1. Cost ===


The cost to file a notice of claim is $100 if the claim is for $3,000 or less. The cost increases to $156 for claims above $3,000 and up to $25,000. A person who is unable to afford the filing or other fees may apply to the registrar for a fee waiver (Rule 20(1)) by filing an Application to the Registrar and a Statement of Finances.  
The cost to file a notice of claim is $100 if the claim is for $3,000 or less. The cost increases to $156 for claims above $3,000 and up to $25,000. A person who is unable to afford the filing or other fees may apply to the registrar for a fee waiver (Rule 20(1)) by filing an Application to the Registrar and a Statement of Finances. See [[Small_Claims_Court_Fees_(20:App_H)|Appendix H: Small Claims Court Fees]].


=== 2. Where to File (Rule 1(2)) ===
=== 2. Where to File (Rule 1(2)) ===


A claimant must file the notice of claim at the [[Small_Claims_Registries_(20:App_A) | Small Claims registry]] nearest to where:  
A claimant must file the notice of claim at the [[Small_Claims_Registries_(20:App_A) | Small Claims registry]] nearest to where:  
*the defendant lives or carries on business (see ''DreamBank.''; or  
*the defendant lives or carries on business (see ''[http://canlii.ca/t/frv57 DreamBank, supra]''; or  
*the transaction or event that resulted in the claim took place.  
*the transaction or event that resulted in the claim took place.  


This can sometime 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 ''DreamBank''; ''Rudder v Microsoft Corp.'', 1999 CanLII 14923 (ON SC); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11324 Simpson-Sears Ltd. v. Marshall]'' (1979), 12 B.C.L.R. 244 (S.C.)). A claimant may wish to obtain legal advice if there is any uncertainty regarding where to file.  
This can sometime 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, supra]''; ''[http://canlii.ca/t/1w8rg Rudder v Microsoft Corp.]'', 1999 CanLII 14923 (ON SC); ''[http://canlii.ca/t/23chv Simpson-Sears Ltd. v. Marshall]'' (1979), 12 B.C.L.R. 244 (S.C.)). 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.  


A company can live in multiple locations including where it is registered, where it carries on business, and where its records are kept. (See ''DreamBank''; ''Court Jurisdiction and Proceedings Transfer Act'', SBC 2003, c 28).  
A company can live in multiple locations including where it is registered, where it carries on business, and where its records are kept. (See ''[http://canlii.ca/t/frv57 DreamBank, supra]''; ''Court Jurisdiction and Proceedings Transfer Act'', SBC 2003, c 28).  


=== 3. How to File ===
=== 3. How to File ===
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Once the notice of claim has been filed and stamped by the registry and the fee, unless waived, has been paid, the claimant must, within one year, serve a copy on the defendant.
Once the notice of claim has been filed and stamped by the registry and the fee, unless waived, has been paid, the claimant must, within one year, serve a copy on the defendant.


== F. Serving a Notice of Claim ==
== G. Serving a Notice of Claim ==


A copy of the filed Notice of Claim '''together with a blank Reply form''' (available from the registry) must be served on each defendant (Rule 2(1)). A claimant has 12 months from the date of filing to serve the defendants (Rule 2(7)).  If more time is required, the claimant can apply to the registrar for an extension (Rules 2(7), 16(2)(a), and 16(3)).  
A copy of the filed Notice of Claim '''together with a blank Reply form''' (available from the registry) must be served on each defendant (Rule 2(1)). A claimant has 12 months from the date of filing to serve the defendants (SCR Rule 2(7)).  If more time is required, the claimant can apply to the registrar for an extension (SCR Rules 2(7), 16(2)(a), and 16(3)).  


The permissible methods for serving a defendant depend on who the defendant is. The table below sets out how each category of defendant can be served. If a defendant is evading service or, after a diligent search, cannot be found, a claimant may apply to a judge for an order for substitutional service.
The permissible methods for serving a defendant depend on who the defendant is. The table below sets out how each category of defendant can be served. If a defendant is evading service or, after a diligent search, cannot be found, a claimant may apply to a judge for an order for substitutional service.
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! Defendant !! Permitted Methods of Service
! Defendant !! Permitted Methods of Service
|-
|-
| Individual Over 19 Years Old (Rule 2(2)) ||  
| Individual Over 19 Years Old (SCR Rule 2(2)) ||  
*Personal service  
*Personal service  
*Registered mail to residence  
*Registered mail to residence  
|-
|-
| Individual Under 19 Years Old (Rules 2(6) and 18(2)) ||  
| Individual Under 19 Years Old (SCR Rules 2(6) and 18(2)) ||  
*Personal service on the minor’s mother, father, or guardian  
*Personal service on the minor’s mother, father, or guardian  
*Personal service on another person as directed by a judge upon application  
*Personal service on another person as directed by a judge upon application  
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| Individual outside BC  ||  
| Individual outside BC  ||  
*See “Individual Over 19 Years Old” or “Individual Under 19 Years Old”
*See “Individual Over 19 Years Old” or “Individual Under 19 Years Old”
*Defendant has 30 days to respond (Rule 3(4))
*Defendant has 30 days to respond (SCR Rule 3(4))
|-
|-
| BC Corporation (Rule 2(3)) ||  
| BC Corporation (SCR Rule 2(3)) ||  
*Leaving a copy at the '''delivery address''' for the registered office  
*Leaving a copy at the '''delivery address''' for the registered office  
*Registered mail to the '''mailing address''' for the registered office  
*Registered mail to the '''mailing address''' for the registered office  
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*If the company’s registered office has been eliminated, as directed by a judge on application
*If the company’s registered office has been eliminated, as directed by a judge on application
|-
|-
| Extraprovincial Corporation || See Rule 2(4)  
| Extraprovincial Corporation || See SCR Rule 2(4)  
|-
|-
| Unincorporated Company (Proprietorship) (Rule 2(2)) ||  
| Unincorporated Company (Proprietorship) (SCR Rule 2(2)) ||  
*Personal service on proprietor  
*Personal service on proprietor  
*Registered mail to proprietor’s residence
*Registered mail to proprietor’s residence
|-
|-
| Unincorporated Company (Rule 2(5)) (Partnership) ||  
| Unincorporated Company (SCR Rule 2(5)) (Partnership) ||  
*Personal service on a partner  
*Personal service on a partner  
*Personal service on a receptionist or manager at the place of business  
*Personal service on a receptionist or manager at the place of business  
*Registered mail to a partner’s residence
*Registered mail to a partner’s residence
|-
|-
| Company outside BC || See Rule 18(6.1)
| Company outside BC || See SCR Rule 18(6.1)
|-
|-
| Strata Corporation (See ''Strata Property Act'', SBC 1998, c 43, s 64) ||  
| Strata Corporation (See ''Strata Property Act'', SBC 1998, c 43, s 64) ||  
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*Registered mail to its most recent mailing address on file in the Land Title Office  
*Registered mail to its most recent mailing address on file in the Land Title Office  
|-
|-
| Society (See ''Society Act'', RSBC 1996, c 433, s 12; Rule 18(3)) ||  
| Society (See ''Society Act'', RSBC 1996, c 433, s 12; SCR Rule 18(3)) ||  
*Personal service on anyone at the address for service  
*Personal service on anyone at the address for service  
*Personal service on a director, officer, receiver manager, or liquidator  
*Personal service on a director, officer, receiver manager, or liquidator  
*Registered mail to the address for service  
*Registered mail to the address for service  
|-
|-
| Unincorporated Association (Rule 18(5))||  
| Unincorporated Association (SCR Rule 18(5))||  
*Personal service on an officer  
*Personal service on an officer  
*Registered mail to the registered office
*Registered mail to the registered office
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*Personal service on anyone at the registered office  
*Personal service on anyone at the registered office  
|-
|-
| Trade Union (Rule 18(5)) ||  
| Trade Union (SCR Rule 18(5)) ||  
*Leaving with the business agent
*Leaving with the business agent
|-
|-
| Municipality (Rule 18(1)) ||  
| Municipality (SCR Rule 18(1)) ||  
*Personal service on the Clerk, Deputy Clerk, or similar official
*Personal service on the Clerk, Deputy Clerk, or similar official
|-
|-
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=== 3. Substitutional (Alternate) Service ===
=== 3. Substitutional (Alternate) Service ===


When, after a diligent search, a claimant is unable to locate the defendant or the defendant is evading service, the claimant can apply to the  registrar (Rule 16(3)) for permission to serve the defendant in another manner (Rules 16(2)(e) and 18(8)). An affidavit and a hearing are not required.  
When, after a diligent search, a claimant is unable to locate the defendant or the defendant is evading service, the claimant can apply to the  registrar (SCR Rule 16(3)) for permission to serve the defendant in another manner (SCR Rules 16(2)(e) and 18(8)). An affidavit and a hearing are not required.  


The alternate method of service that is ordered should be sufficient to bring the claim to the defendant’s attention. Suggested methods of alternate service include a Facebook message, email, facsimile, regular mail, and text message to all known addresses and phone numbers for the defendant. Other methods include posting  the Notice of Claim on the defendant’s door. The claimant should seek an order requiring service in  as many methods as will be reasonably necessary to make the defendant aware of the claim.
The alternate method of service that is ordered should be sufficient to bring the claim to the defendant’s attention. Suggested methods of alternate service include a Facebook message, email, facsimile, regular mail, and text message to all known addresses and phone numbers for the defendant. Other methods include posting  the Notice of Claim on the defendant’s door. The claimant should seek an order requiring service in  as many methods as will be reasonably necessary to make the defendant aware of the claim.


== G. Proof of Service ==
== H. Amending a Notice of Claim ==
 
Anything in a notice of claim, reply or other document that has been filed by a party may be changed by that party (a) without any permission, before a settlement conference, mediation, trial conference or trial, whichever comes first; or (b) with the permission of a judge (SCR Rule 8(1)).  If permission of a judge is required, the applicant must complete an application form (Form 16), follow the instructions on the form, and file it at the registry with the amended document (SCR Rule 8). 
 
If a Notice of Claim or Reply is being amended, changes must be underlined, initialed and dated on the revised document and, if there is an order authorizing the change, the document must contain a reference to it (SCR Rule 8(2)).  The document must then be filed at the registry and served again on each party to the claim before any further steps are made in the claim.  The other party may then change their reply through the same process if they choose, or they may rely on their original reply.
A party wishing to withdraw their claim or other filed document may do so at any time by filing a copy of a notice of withdrawal at the registry and serving the notice on the parties that were served with the document that is being withdrawn (SCR Rule 8(4)).
 
== I. Proof of Service ==


Once the defendant has been served, the claimant should complete a Certificate of Service (Form 4) and file it along with the service copy of the Notice of Claim. If there are multiple defendants, the claimant should file a Certificate of Service and service copy of the Notice of Claim for each defendant. Other methods of written proof of service are available (Rule 18(14)). Rarely, a judge may allow sworn oral evidence of personal service (Rule 18(15)).
Once the defendant has been served, the claimant should complete a [[https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms|Certificate of Service (Form 4)]] and file it along with the service copy of the Notice of Claim. If there are multiple defendants, the claimant should file a Certificate of Service and service copy of the Notice of Claim for each defendant. Other methods of written proof of service are available (SCR Rule 18(14)). Rarely, a judge may allow sworn oral evidence of personal service (SCR Rule 18(15)).


{{REVIEWED LSLAP | date= August 13, 2020}}


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