Small Claims Court Fees (20:App H)

1. Fee Waiver

There are no settlement, trial conference or trial scheduling fees, unless an adjournment is requested. If a trial date is reset less than 30 days before the date of the proceeding, the party adjourning the trial must pay $100 to the court. This fee does not apply if the matter must be reset due to the unavailability of a judge, or if the party requesting the change was not notified of the trial date at least 45 days in advance (Rule 17(5.2)). There are no fees for “interlocutory” applications. There are fees for some collection orders. Filing fees, interest, disbursements and, in most cases, reasonable expenses may be recovered from the unsuccessful party (Rule 20(2)). Legal (i.e. a lawyer’s) fees are not recoverable. If a party cannot afford the court’s fees, they may apply to the registrar to be exempt from paying the fees (Rule 20(1)) by completing a Form 16 (Rule 16(3)).

2. Common Fees

a) For filing a notice of claim

      (1) For claims up to and including $3,000:		$100
      (2) For claims over $3,000:				$156

b) For filing a reply, unless the defendant has agreed to pay all of the claim

      (1) For claims up to and including $3,000:		$26
      (2) For claims over $3,000:				$50

c) For filing a counterclaim or a revised reply containing new counterclaim

      (1) For counterclaims up to and including $3,000:	$100
      (2) For counterclaims over $3,000:			$156

=== d) For filing a third party notice === $25

e) For resetting a trial or hearing with less than 30 days’ notice before the date of the proceedings as set on the trial list, unless the matter must be reset due to the unavailability of a judge

                                                               $100

f) For personal service of a sheriff

      (1) For receiving, filing, personally serving one person, and returning the document together with a certificate or affidavit of service or attempted service:					
                                                               $100
      (2) For each additional person served at the same address:	
                                                               $20
      (3) For each additional person served not at the same address:	
                                                               $30

For a full list of fees see the Small Claims Rules Schedule A: http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_05#ScheduleA