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Difference between revisions of "Small Claims Appeal (20:App L)"
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Small Claims Appeal (20:App L) (view source)
Revision as of 05:51, 17 August 2020
, 05:51, 17 August 2020→Step 4: Pay the $200 Filing Fee (See Supreme Court Civil Rules, BC Reg 168/2009, Appendix C) and $200 Security for Costs (See Small Claims Act, s 8(1))
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*Also, deposit with the Court Registry the amount of money the Small Claims Court Judge ordered to be paid to the Respondent. Alternatively, bring an application to a Judge to reduce the amounts payable. | *Also, deposit with the Court Registry the amount of money the Small Claims Court Judge ordered to be paid to the Respondent. Alternatively, bring an application to a Judge to reduce the amounts payable. | ||
*If you cannot afford the filing fee, you may want to apply to a Supreme Court Judge to reduce the amount to be paid. | *If you cannot afford the filing fee, you may want to apply to a Supreme Court Judge to reduce the amount to be paid. | ||
*To succeed in reducing the filing fee, you must be able to prove that you are indigent (see ''Supreme Court Civil Rule'' 20 -5). The BC Court of Appeal has considered the meaning of that word in a case called ''Johnston v. Johnston''. The Court said "indigent" means "a person who has some means but such scanty means that he is needy and poor." | *To succeed in reducing the filing fee, you must be able to prove that you are indigent (see ''Supreme Court Civil Rule'' 20 -5). The BC Court of Appeal has considered the meaning of that word in a case called ''[http://canlii.ca/t/1dzv9 Johnston v. Johnston]''. The Court said "indigent" means "a person who has some means but such scanty means that he is needy and poor." | ||
*The Court refused to approve any particular standard for determining whether a person is "indigent", and each case will be looked at individually. However, if you receive social assistance or persons with disabilities benefits and you prove this to the court, you are likely to be declared indigent. | *The Court refused to approve any particular standard for determining whether a person is "indigent", and each case will be looked at individually. However, if you receive social assistance or persons with disabilities benefits and you prove this to the court, you are likely to be declared indigent. | ||
*If you cannot afford to pay the security for costs (or the amount required to be paid to the Respondent by the Small Claims Court Order) you may want to apply to a Supreme Court Judge to reduce the amounts to be paid. | *If you cannot afford to pay the security for costs (or the amount required to be paid to the Respondent by the Small Claims Court Order) you may want to apply to a Supreme Court Judge to reduce the amounts to be paid. | ||
*It is not clear what test the Court will apply to succeed in an application to reduce these amounts. However, it is clear that evidence of an inability to pay the amount required will be vital. | *It is not clear what test the Court will apply to succeed in an application to reduce these amounts. However, it is clear that evidence of an inability to pay the amount required will be vital. | ||
==== Step 5: File the Notice of Appeal in Small Claims Court on the same day it was filed in Supreme Court ==== | ==== Step 5: File the Notice of Appeal in Small Claims Court on the same day it was filed in Supreme Court ==== | ||
