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=== 1. Provincial Court, Small Claims Division === | === 1. Provincial Court, Small Claims Division === | ||
The Small Claims limit is $25,000 (effective September 1, 2005). Accordingly, claims for minor injuries may come within the jurisdiction of the Provincial Court. The procedure for bringing a case to trial in Small Claims Court is fully set out in this Manual in [[ | The Small Claims limit is $25,000 (effective September 1, 2005). Accordingly, claims for minor injuries may come within the jurisdiction of the Provincial Court. The procedure for bringing a case to trial in Small Claims Court is fully set out in this Manual in [[Introduction to Small Claims (20:I) | Chapter 22: Small Claims]]. | ||
A claim commenced in Small Claims court can be transferred to Supreme Court on application by one of the parties or by a judge on his or her own initiative. Such an application should be made as early as possible for a greater chance of success. A judge at the settlement/trial conference, at trial, or after application by a party at any time, '''must''' transfer a claim to Supreme Court if he or she is satisfied that the monetary outcome of a claim (not including interest and expenses) may exceed $25,000. However, there may be exceptions. A claim will remain in the Small Claims Division if the claimant expressly chooses to abandon the amount over $25,000. For personal injury claims, a judge must consider medical or other reports filed or brought to the settlement/trial conference by the parties before transferring the claim to Supreme Court. | A claim commenced in Small Claims court can be transferred to Supreme Court on application by one of the parties or by a judge on his or her own initiative. Such an application should be made as early as possible for a greater chance of success. A judge at the settlement/trial conference, at trial, or after application by a party at any time, '''must''' transfer a claim to Supreme Court if he or she is satisfied that the monetary outcome of a claim (not including interest and expenses) may exceed $25,000. However, there may be exceptions. A claim will remain in the Small Claims Division if the claimant expressly chooses to abandon the amount over $25,000. For personal injury claims, a judge must consider medical or other reports filed or brought to the settlement/trial conference by the parties before transferring the claim to Supreme Court. | ||
=== 2. Supreme Court of British Columbia === | === 2. Supreme Court of British Columbia === |