Governing Legislation and Resources for Small Claims (20:II)
1. Legislation
Corporations
Business Corporations Act, SBC 2002, c 57. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/02057_00
Canada Business Corporations Act, RSC 1985, c C-44. Website: http://laws-lois.justice.gc.ca/eng/acts/c-44/
Consumer Protection
Business Practices and Consumer Protection Act, SBC 2004, c 2. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_00
Judgments
Court Order Enforcement Act, RSBC 1996, c 78. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96078_01
Court Order Interest Act, RSBC 1996, c 79. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96079_01
The Enforcement of Canadian Judgments and Decrees Act, SBC 2003, c 29. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_03029_01
Court Rules
Bill 19, Civil Resolution Tribunal Amendment Act, 2015, 4th Sess, 40th Parl, British Columbia, 2015 (assented to May 14th, 2015). Website: http://www.bclaws.ca/civix/document/id/lc/billsprevious/4th40th:gov19-1
Court of Appeal Act, RSBC 1996, c 77. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96077_01
Court of Appeal Rules, BC Reg 297/2001. Website: http://www.bclaws.ca/Recon/document/ID/freeside/297_2001a
Court Rules Act, RSBC 1996, c 80. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96080_01
Judicial Review Procedure Act, RSBC 1996, c 241. Website: http://www.bclaws.ca/civix/document/id/roc/roc/96241_01
Small Claims Act, RSBC 1996, c 430. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96430_01
Small Claims Rules, BC Reg 261/93. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/261_93_00b
Supreme Court Act, RSBC 1996, c 443. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96443_01
Supreme Court Civil Rules, BC Reg 168/2009. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/168_2009_00
Other Important Statutes
Crown Proceeding Act, RSBC 1996, c 89. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96089_01
Employment Standards Act, RSBC 1996, c 113. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96113_01
Evidence Act, RSBC l996, c 124. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96124_01
Insurance (Vehicle) Act, RSBC 1996, c 231. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96231_01
(Old) Limitation Act, RSBC 1996 c 266. Website: http://www.ag.gov.bc.ca/legislation/limitation-act/pdf/LimitationAct_REPEALED.pdf
(New) Limitation Act, SBC 2012, c 13. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_12013_01
Local Government Act, RSBC 1996, c 323. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/96323_00
Motor Vehicle Act, RSBC 1996, c 318. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/96318_00
Personal Property Security Act, RSBC 1996, c 359. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96359_01
Residential Tenancy Act, SBC 2002, c 78. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01
Sale of Goods Act, RSBC 1996, c 410. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96410_01
Strata Property Act, SBC 1998, c 43. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/98043_01
Law and Equity Act, RSBC 1996, c 253. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96253_01
Wills, Estates and Succession Act, SBC 2009, c 13. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/09013_01
Court Jurisdiction and Proceedings Transfer Act, SBC 2003, c 28. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_03028_01
2. Books
Bullen, Leake, Jacob, and Goldrein. Bullen and Leake and Jacob’s Precedents of Pleadings, 15th ed. (London: Sweet and Maxwell, 2004).
Burdett, E. (Ed.). Small Claims Act and Rules—Annotated. (Vancouver, B.C.: The Continuing Legal Education Society of British Columbia, Dec 2014).
Celap, M. and Larmondin, P.J. Small Claims Court for the Everyday Canadian. (North Vancouver, B.C.: Self-Counsel Press, 2000).
Fraser, Horn and Griffen. The Conduct of Civil Litigation in British Columbia. 2nd ed. (Markham: Butterworths, 2007).
Keating, M. Small Claims Court Guide for British Columbia. (North Vancouver, B.C.: Self-Counsel Press, 1992).
Martinson, D.J. (Manual Coordinator). Small Claims Court—1994. (Vancouver, B.C.: The Continuing Society of British Columbia, April 1994).
Mauet, Casswell, and MacDonald. Fundamentals of Trial Techniques 2d Canadian ed. (Toronto: Little Brown, 1995).
McLachlin and Taylor, British Columbia Court Forms. (Markham, Ont.: LexisNexis Canada, 2005).
Moore Publishing. (Ed.) Small Claims Practice Manual, 3rd Ed. (Richmond, B.C.: Moore Publishing Ltd, 1999).
UBC Law Review Society. (Eds.) Table of Statutory Limitations for the Province of British Columbia, Revised and Consolidated. (Vancouver, B.C.: University of British Columbia Law Review Publication, 2006).
Vogt, J. (Ed.). Provincial Court Small Claims Handbook. (Vancouver, B.C.: The Continuing Legal Education Society of British Columbia, January 1997).
3. Websites
Provincial Court Judgment Database
- Contains selected decisions from 1999 to the present.
Provincial Courthouses Directory
- Contains Small Claims Court locations
British Columbia Court of Appeal and Supreme Court Judgment Database
- Provides information on court procedure and the full text of the Small Claims Rules.
- Caselaw and legislation database.
4. Other Resources
UBC Law Library
- Most of the books listed above are available in the Law Library. The Small Claims Acts and Rules Annotated and the Provincial Court Small Claims Handbook, published by the Continuing Legal Education Society (CLE), are recent publications written by Small Claims Court judges. They include the Act, Rules, and copies of all of the forms. Students can access an online edition of the Provincial Court Small Claims Handbook on the UBC Law Library website.
Court Registry
- The Small Claims Court registry staff does not give legal advice, but they are experienced with the rules and procedures and are helpful. See Appendix A: Small Claims Registries.
DIAL-A-LAW
- DIAL-A-LAW ((604) 687-4680) is a library of pre-recorded messages on a variety of legal topics available by telephone 24 hours a day, seven days a week. Lawyers under the supervision of the Canadian Bar Association, BC Branch, prepare the tapes. Several tapes deal with Small Claims Court. The content of the tapes is also available online: http://www.cbabc.org/For-the-Public/Dial-A-Law/Scripts
BC Supreme Court Self-Help Information Centre
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Company Search
To search for a provincially regulated company, the client may request a company or society search in person:
Surrey Board of Trade
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Small Business B.C.
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Registrar of Companies
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The client may also write to:
| Registrar of Companies |
| P.O. Box 9431
Station Provincial Government Victoria, BC V8W 9V3 |
For more information about searching for provincial companies, refer to:
- http://smallbusinessbc.ca/services/
- http://www.bcregistryservices.gov.bc.ca/
- http://www.bconline.gov.bc.ca (the online search feature is not currently available to individuals however).
Partnerships and non-profit societies are also registered in the company directory and would show up in a search. In cases that involve franchises, it is important to do a company search to see how the other party is registered; it may be possible to sue the parent company and the individual who owns the franchise rights. The search costs $10 and cheques should be made payable to the Minister of Finance.
If Unincorporated:
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To search for a federally regulated company, refer to:
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A collection of useful company directories can be found on the Industry Canada website under the “Programs and Services” heading. Federal corporations can be searched free of charge online.
NOTE: If the defendant is a business, it may be worth checking if that defendant has declared bankruptcy. To do so contact Industry Canada’s Head Office of the Superintendent of Bankruptcy at (613) 941-2863 for free.
Translation and Support Services
To find support services and resources, including agencies and people that can provide translation services, please visit:
MOSAIC
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Society of Translators and Interpreters of B.C.
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MultiLingoLegal.ca
DIVERSEcity
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WelcomeBC
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OPTIONS
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S.U.C.C.E.S.S.
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Westcoast Association of Visual Language Interpreters
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Citizenship and Immigration Canada
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Affiliation of Multicultural Societies and Service Agencies of B.C.
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Safe Harbour
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Immigrant Services Society of B.C.
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