Difference between revisions of "Small Claims Appeal (20:App L)"

*Section 7 of the ''Small Claims Act'' says that the Notice of Appeal must be filed in the Small Claims Court Registry on the same day that it  is filed in the Supreme Court Registry. However, in a case decided in 1993 called ''First City Trust v. Bridges Café Ltd.'', the court recognized that in certain places in British Columbia the distance between the location of the Supreme Court Registry and the Small Claims Registry was so great as to make it very difficult to comply with Section 7. (See ''First City Trust v Bridges Café Ltd'', [1993] BCJ No 1353). In that case, the filing took place on the next day. The Court held that the right of appeal would not be lost, even if the filing did not occur on the same day, as long as the Respondent was not prejudiced. Therefore, every reasonable effort should be made to file the Notice of Appeal in the Small Claims Court Registry on the same day or at the latest the day after the Notice of Appeal was filed in Supreme Court Registry.