Starting a Small Claim (20:V): Difference between revisions
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→E. Filing a Notice of Claim
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=== 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 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. | ||
=== 2. Where to | === 2. Where to File (Rule 1(2)) === | ||
A claimant must file the notice of claim at the Small Claims | 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 | *the defendant lives or carries on business (see ''DreamBank.''; 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 | 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. | ||
If two different Small Claims registries have jurisdiction, the claimant should choose the one that is most convenient. | 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 | 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). | ||
=== 3. How to File === | === 3. How to File === | ||
The | The claimant must file at least four complete and identical copies of the notice of claim. One copy is for the court, one is for the claimant, one is a service copy, and one is required for '''each''' defendant. | ||
Once | 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 == | == F. Serving a Notice of Claim == | ||
