How Small Claims Proceed (20:VIII)
A number of pilot projects have been implemented at some of the busier court registries. To anticipate how your claim will proceed and which rules will apply, find the court location where your claim will be heard and the heading that best describes your claim.
The length of time it will take to resolve a claim depends on:
- how busy the court is (to find out how far ahead dates are being set at your location, ask at the court registry or the Judicial Case Manager);
- how much time the trial is expected to take (a matter requiring a full day trial will often be scheduled later than a simpler matter);
- whether the documents can be served without delay;
- whether the claim is disputed; and
- the number of applications filed.
Complying with all of the court’s rules and orders will ensure that the claim is heard as soon as possible.
A. Vancouver (Robson Square)
1. Claims of $5,001-$10,000
Where the claim and counterclaim, if any, are each $5,001 - $10,000 (not including interest or expenses) and are not for either personal injury or financial debt, a simplified trial will be scheduled pursuant to Rule 9.1; except for the trial, no other court appearances are typically required. The trial will be held in the evening for one hour before a Justice of the Peace.
2. Claims for Financial Debt
If the claimant or counterclaimant is in the business of lending money or extending credit and is suing for a debt that arises from a loan or the extension of credit, a summary trial will be scheduled pursuant to Rule 9.2; except for the trial, no other court appearances are typically required. The trial will be held before a judge and usually takes fewer than 30 minutes to complete.
3. Claims Exceeding $10,000 or Personal Injury Claims (Any Amount)
If the claim exceeds $10,000 or is for personal injury in any amount, the parties must attend mediation pursuant to Rule 7.4. Following mediation, a trial conference will be scheduled pursuant to Rule 7.5. Trial conferences are described in greater detail in section XI. The final step is a trial pursuant to Rule 10. For an explanation of trials and how to prepare for a trial, see section XII.
B. Richmond
1. Claims of $5,001 - $10,000
Where the claim and counterclaim, if any, are each $5,001 - $10,000 (not including interest or expenses) and are not for personal injury, a simplified trial will be scheduled pursuant to Rule 9.1; except for the trial, no other court appearances are typically required. The trial will be held during the day for one hour before a Justice of the Peace.
2. Claims Exceeding $5,000 or Personal Injury Claims (Any Amount)
If the claim exceeds $5,000 or is for personal injury in any amount, a Settlement Conference will be scheduled pursuant to Rule 7.4.
For claims greater than $10,000, either party may also initiate mediation pursuant to Rule 7.3. Following mediation or if mediation is not initiated, a settlement conference will be scheduled unless the claim relates to a motor vehicle accident where only liability for property damage is disputed. The final step is a trial pursuant to Rule 10.
C. Surrey, North Vancouver, Victoria, or Nanaimo
1. Claims of $1 0,000 or Less
Rule 7.2 mediation applies automatically to some construction-related claims and can otherwise be commenced by a party. Following mediation or if mediation is not initiated, a settlement conference will be scheduled unless the claim relates to a motor vehicle accident where only liability for property damage is disputed. The final step is a trial pursuant to Rule 10.
2. Claims Exceeding $10,000
Any party to a proceeding where the amount of a claim, counterclaim, or third party notice exceeds $10,000 may initiate Rule 7.3 mediation. Following mediation or if mediation is not initiated, a settlement conference will be scheduled unless the claim relates to a motor vehicle accident where only liability for property damage is disputed. The final step is a trial pursuant to Rule 10.
D. Other Registries
1. Claims of $1 0,000 or Less
A settlement conference will be scheduled unless the claim relates to a motor vehicle accident where only liability for property damage is disputed. The final step is a trial pursuant to Rule 10.
2. Claims Exceeding $10,000
Any party to a proceeding where the amount of a claim, counterclaim, or third party notice exceeds $10,000 may initiate Rule 7.3 mediation. Following mediation or if mediation is not initiated, a settlement conference will be scheduled unless the claim relates to a motor vehicle accident where only liability for property damage is disputed. The final step is a trial pursuant to Rule 10.
== E. Civil Resolution Tribunal ($5000 or less)
The Civil Resolution Tribunal is designed to facilitate dispute resolution in a way that is accessible, speedy, economical and flexible. It relies heavily on electronic communication tools. It focuses on resolution by agreement of the parties first, and by the Tribunal’s binding decisions if no agreement is reached.
Adjudicators will decide most cases by reviewing the evidence and arguments submitted through the tribunal’s online tools. The adjudicator may order a telephone, video or face-to-face hearing if warranted by the circumstances. The tribunal can determine all matters relating to the tribunal decision process and if, at any time before or during the tribunal decision process, the tribunal decides that a dispute requires further facilitation, it can refer the dispute back to facilitation, and suspend the tribunal decision process until a facilitator refers the dispute back to the tribunal decision process.
| © Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society. |