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In this section, the claimant must list the facts that support the claimant’s cause(s) of action and the damages that the claimant has suffered. The claimant should adhere to the following general rules:  
In this section, the claimant must list the facts that support the claimant’s cause(s) of action and the damages that the claimant has suffered. The claimant should adhere to the following general rules:  
#Don’t plead evidence – state what you will prove, not how you will prove it
#Don’t plead law – unless you have a statutory cause of action
#Use paragraphs – use one paragraph to state each fact that you will prove -- Number each paragraph beginning at 1
#Claimant must prove every fact – therefore, stick to material facts


In this section, one must set out the facts that give rise to the cause of action, and the loss or damage that resulted. This description should be brief, but must inform the opposing party of the case to be met and give the judge an outline of what will be argued. The Notice of Claim (Form 1) has little space for the facts, but the facts can continue onto another piece of paper. The additional facts must be attached to each copy of the Notice of Claim. In general, the pleadings should be brief, complete, and as accurate as possible.           
# Don’t plead evidence – state what you will prove, not how you will prove it
# Don’t plead law – unless you have a statutory cause of action
# Use paragraphs – use one paragraph to state each fact that you will prove - Number each paragraph beginning at 1  
# Claimant must prove every fact – therefore, stick to material facts  


The facts as alleged must give rise to a legal cause of action. After the facts, state the legal cause of action(s) that entitle you to the relief you are seeking. If there is more than one cause of action, plead the strongest one and plead the other ones in the alternative. For example, in a claim for a bad car repair, a claimant can sue for breach of contract and negligence. A pleading might read: “In addition, or in the alternative, the claimant claims damages as a result of the defendant’s negligent repair of the automobile”.  
In this section, one must set out the facts that give rise to the cause of action, and the loss or damage that resulted. This description should be brief but must inform the opposing party of the case to be met and give the judge an outline of what will be argued. The Notice of Claim (Form 1) has little space for the facts, but the facts can continue onto another piece of paper. The additional facts must be attached to each copy of the Notice of Claim. In general, the pleadings should be brief, complete, and as accurate as possible.           
 
The facts as alleged must give rise to a legal cause of action. After the facts, state the legal cause of action(s) that entitle you to the relief you are seeking. If there is more than one cause of action, plead the strongest one and plead the other ones in the alternative. For example, in a claim for a bad car repair, a claimant can sue for breach of contract and negligence. A pleading might read: “In addition, or in the alternative, the claimant claims damages as a result of the defendant’s negligent repair of the automobile”.  


The pleadings should describe:  
The pleadings should describe:  
*the relationship of the parties (e.g., buyer and seller); and
*the dates, places, and details of amounts, services, or practices involved.


Claimants will usually be bound by the facts in the pleadings. If the facts or legal basis need to be changed, the claimant may be able to amend the Notice of Claim (''Small Claims Rules'', BC Reg 261/93, Rule 8).
* the relationship of the parties (e.g., buyer and seller); and
* the dates, places, and details of amounts, services, or practices involved/


When there is more than one defendant, the claimant should make it clear whether their liability is joint, several, or joint and several. This distinction affects enforcement of a judgment and any subsequent actions arising out of the same cause. Liability stated as joint and several is more inclusive.  
Claimants will usually be bound by the facts in the pleadings. If the facts or legal basis need to be changed, the claimant may be able to amend the Notice of Claim (''SCR'', Rule 8).
 
When there is more than one defendant, the claimant should make it clear whether their liability is joint, several, or joint and several. This distinction affects the enforcement of a judgment and any subsequent actions arising out of the same cause. Liability is stated as joint and several is more inclusive.  


If liability is joint, the defendants must be sued as a group however the claimant can recover the full amount from any or all of the defendants.  
If liability is joint, the defendants must be sued as a group however the claimant can recover the full amount from any or all of the defendants.  
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Where liability is several, the claimant can sue any or all of the defendants however each defendant is obligated to repay only their own portion of the debt.  
Where liability is several, the claimant can sue any or all of the defendants however each defendant is obligated to repay only their own portion of the debt.  


Where liability is joint and several, the claimant may sue any or all of the defendants and may recover the full amount from any or all of the defendants. The debtors can then litigate among themselves to apportion the debt between them.
Where liability is joint and several, the claimant may sue any or all of the defendants and may recover the full amount from any or all of the defendants. The debtors can then litigate among themselves to apportion the debt between them.


=== 4. “Where?” ===
=== 4. “Where?” ===


The claimant should enter the name of the municipality as well as the province where the cause of action arose. If the cause of action arose outside of British Columbia, the claimant must state in the “What Happened?” section how the court has jurisdiction over the claim. (See ''[http://canlii.ca/t/frv57 Dreambank, supra]''.)  
The claimant should enter the name of the municipality as well as the province where the cause of action arose. If the cause of action arose outside of British Columbia, the claimant must state in the “What Happened?” section how the court has jurisdiction over the claim (''[https://www.canlii.org/en/bc/bcpc/doc/2011/2011bcpc459/2011bcpc459.html?searchUrlHash=AAAAAQAJZHJlYW1iYW5rAAAAAAE&resultIndex=1 Dreambank]'', supra.)  


=== 5. “When?” ===
=== 5. “When?” ===


List the date or dates when the cause(s) of action arose. Unless the date is very clear or the limitation period is about to expire, stating the month and year is sufficient. It is prudent to state the date as follows:  
List the date or dates when the cause(s) of action arose. Unless the date is very clear or the limitation period is about to expire, stating the month and year is sufficient. It is prudent to state the date as follows:  
*when the date is known: “On or about August 15, 2012”;  
 
*if only the month is known: “In or about August 2012”; or  
* when the date is known: “On or about August 15, 2012”;  
*if the cause(s) of action arose over time: “From about May 2012 to August 2012”.
* if only the month is known: “In or about August 2012”; or  
* if the cause(s) of action arose over time: “From about May 2012 to August 2012”.


=== 6. “How Much?” ===
=== 6. “How Much?” ===


This is where the claimant describes the remedy. In most cases, this will be an amount of money. However a claimant may request an alternative remedy. For example, the claimant could request the return of an item or, in the alternative, the value of it, as well as damages. A claimant who wants items returned should consider what condition they will be in, and whether they really wants them back.  
This is where the claimant describes the remedy. In most cases, this will be an amount of money. However, a claimant may request an alternative remedy. For example, the claimant could request the return of an item or, in the alternative, the value of it, as well as damages. A claimant who wants items returned should consider what condition they will be in and whether they really want them back.  


==== a) Interest ====
==== a) Interest ====


If there is no mention of interest in a contract between the parties, the court will award interest to the successful claimant from the date the cause of action arose until the date of judgment. (See ''Court Order Interest Act'', supra, s. 1(1); ''[http://canlii.ca/t/1q657 Red Back Mining Inc v Geyser Ltd]'', 2006 BCSC 1880 (CanLII)). This is called “pre-judgment interest”. Interest in a claim for debt is calculated from the date the debt became due and, in a claim for damages, from the date the damages arose.  
If there is no mention of interest in a contract between the parties, the court will award interest to the successful claimant from the date the cause of action arose until the date of judgment (''Court Order Interest Act'', RSBC 1996, c 79, s 1(1); [https://d.docs.live.net/326725c1a74ed67f/UBC/LSLAP/Red%20Back%20Mining%20Inc%20v%20Geyser%20Ltd,%202006%20BCSC%201880 ''Red Back Mining Inc v Geyser Ltd.'', 2006 BCSC 1880]). This is called “pre-judgment interest”. Interest in a claim for debt is calculated from the date the debt became due and, in a claim for damages, from the date the damages arose.  


The court sets the interest rate every six months and publishes a table listing the rates applicable to each six-month period. The Notice of Claim should indicate a claim for “Interest pursuant to the ''Court Order Interest Act''” but leave the amount area blank; the registry will calculate the amount according to the table.  
The court sets the interest rate every six months and publishes a table listing the rates applicable to each six-month period. The Notice of Claim should indicate a claim for “Interest pursuant to the ''Court Order Interest Act''” but leave the amount area blank; the registry will calculate the amount according to the table.  


'''Note:''' While a claimant may be paying a higher interest rate on a credit card or loan as a result of the defendant’s actions, the claimant is limited to the pre-judgment interest rate set by the court unless the parties have expressly agreed that interest will be paid.
'''Note:''' While a claimant may be paying a higher interest rate on a credit card or loan as a result of the defendant’s actions, the claimant is limited to the pre-judgment interest rate set by the court unless the parties have expressly agreed that interest will be paid.


If the parties have agreed on a rate of interest, the Notice of Claim should indicate a claim for contract interest, the applicable interest rate, and the date from which the interest began to accrue. The amount of interest that has accrued up to the date of filing should be included on the Notice of Claim as well as the amount of interest that accrues each day. It is important to note that a claim for contract interest is,  in substance, a claim for contractual damages. Accordingly, the claim for contract interest together with the principal amount must be within the Small Claims Court’s monetary jurisdiction. If a claim for contract interest has or could cause the total claim to exceed the court’s monetary jurisdiction, it would be prudent to state on the Notice of Claim that the claimant abandons the amount necessary to bring the claim within the Small Claims Court’s monetary jurisdiction.  
If the parties have agreed on a rate of interest, the Notice of Claim should indicate a claim for contract interest, the applicable interest rate, and the date from which the interest began to accrue. The amount of interest that has accrued up to the date of filing should be included on the Notice of Claim as well as the amount of interest that accrues each day. It is important to note that a claim for contract interest is,  in substance, a claim for contractual damages. Accordingly, the claim for contract interest together with the principal amount must be within the Small Claims Court’s monetary jurisdiction. If a claim for contract interest has or could cause the total claim to exceed the court’s monetary jurisdiction, it would be prudent to state on the Notice of Claim that the claimant abandons the amount necessary to bring the claim within the Small Claims Court’s monetary jurisdiction.  


If the parties have agreed that interest will be paid but have not agreed on a rate of interest, the rate of interest is five per cent per annum (See ''Interest Act'', RSC 1985, c I-15, s 3).  
If the parties have agreed that interest will be paid but have not agreed on a rate of interest, the rate of interest is five percent per annum (''Interest Act'', RSC 1985, c I-15, s 3).


Generally, even if the parties agree to a rate of interest expressed with reference to a period other than one year (e.g., 2% per month), a claimant can only recover a maximum of five per cent per annum unless the contract expressly states a yearly rate or percentage of interest that is equivalent to the other rate (e.g., 24% per annum) (See ''Interest Act'', RSC 1985, c I-15, s 4).  
Generally, even if the parties agree to a rate of interest expressed with reference to a period other than one year (e.g., 2% per month), a claimant can only recover a maximum of five percent per annum unless the contract expressly states a yearly rate or percentage of interest that is equivalent to the other rate (e.g., 24% per annum) (''Interest Act'', RSC 1985, c I-15, s 4).


It is a criminal offence to receive, or enter into an agreement to pay or receive, interest at a rate that exceeds 60% per annum (See ''Criminal Code'', RSC 1985, c C-46, s 347(1)). Interest has a broad definition and includes fees, fines, penalties, commissions, and other similar charges including costs relating to advancing credit.  
It is a criminal offence to receive, or enter into an agreement to pay or receive, interest at a rate that exceeds 60% per annum (''Criminal Code'', RSC 1985, c C-46, s 347(1)). Interest has a broad definition and includes fees, fines, penalties, commissions, and other similar charges including costs relating to advancing credit.


If the judgment is not paid immediately, post-judgment interest may be awarded. The court has the discretion to vary the rate of interest or to set a different date from which the interest commences (See ''Court Order Interest Act'', supra, s 8).
If the judgment is not paid immediately, post-judgment interest may be awarded. The court has the discretion to vary the rate of interest or to set a different date from which the interest commences (''Court Order Interest Act'', RSBC 1996, c 79, s 8).


==== b) Claims between $5000-$35,000 ====
==== b) Claims between $5000-$35,000 ====


In order to sue in Small Claims Court for a claim exceeding $35,000, the claimant must state, “The Claimant abandons the portion of any net judgment that exceeds $35,000” (Rules 1(4) and (5)). At any time prior to trial, the claimant can decide to sue for the full amount and apply   to transfer the claim to the Supreme Court of British Columbia (see ''Der v Giles'', 2003 BCSC 623). Once the trial has been heard, however, the abandonment is likely permanent.  
In order to sue in Small Claims Court for a claim exceeding $35,000, the claimant must state, “The Claimant abandons the portion of any net judgment that exceeds $35,000” (''SCR'', Rules 1(4) and (5)). At any time prior to trial, the claimant can decide to sue for the full amount and apply to transfer the claim to the Supreme Court of British Columbia (''Der v Giles'', 2003 BCSC 623). Once the trial has been heard, however, the abandonment is likely permanent.


There is an exception to the $35,000 limit. If more than one claimant has filed a Notice of Claim against the same defendant(s) concerning the same event, or, if one claimant has filed Notices of Claim against more than one defendant concerning the same event, the judge may decide each claim separately, even though the total of all the claims (not including interest and expenses) exceeds $35,000 (''Small Claims Rules, supra'', Rule 7.1(4)). Such claims often have a trial at the same time although the claimant(s) must request this.  
There is an exception to the $35,000 limit. If more than one claimant has filed a Notice of Claim against the same defendant(s) concerning the same event, or, if one claimant has filed Notices of Claim against more than one defendant concerning the same event, the judge may decide each claim separately, even though the total of all the claims (not including interest and expenses) exceeds $35,000 (''SCR'', Rule 7.1(4)). Such claims often have a trial at the same time although the claimant(s) must request this.


===== (1) Filing Fees =====
===== (1) Filing Fees =====


Filing fees are those fees paid to file the Notice of Claim and are either $100 or $156 unless the fees have been waived. The registry staff will enter this amount. Filing fees are recoverable if the claimant is successful. See [[Small_Claims_Court_Fees_(20:App_H)|Appendix H: Small Claims Court Fees]].
Filing fees are those fees paid to file the Notice of Claim and are either $100 or $156 unless the fees have been waived (BC Reg. 261/93, s 1). Payments can be made with cash, debit card, cheque (including certified cheque), money order, or bank draft. Cheques and money orders should be payable to the Minister of Finance. The registry staff will enter this amount. Filing fees are recoverable if the claimant is successful (see '''Appendix H: Small Claims Court Fees''').


Please note that fees for the CRT are different. See [[Civil_Resolution_Tribunal_Fees_(20:App_I)|Appendix I: Civil Resolution Tribunal Fees]]
Please note that fees for the CRT are different (see '''Appendix I: Civil Resolution Tribunal Fees''').


===== (2) Service Fees =====
===== (2) Service Fees =====


Service fees are an estimate of the cost of serving the defendant(s). The amount varies based on the method of service and the number of defendants. The registry staff will enter this amount. Service fees are recoverable if the claimant is successful; however, as the claimed amount is only an estimate, a judge has discretion to either increase or decrease the allowed service fees.  
Service fees are an estimate of the cost of serving the defendant(s). The amount varies based on the method of service and the number of defendants. For information about the costs, refer to sections 15 and 16 of the ''Court Rules Act'' and ''Small Claims Act''. The registry staff will enter this amount. Service fees are recoverable if the claimant is successful; however, as the claimed amount is only an estimate, a judge has discretion to either increase or decrease the allowed service fees.


===== (3) Other Expenses =====
===== (3) Other Expenses =====


Unless a judge or the Registrar orders otherwise, an unsuccessful party '''must''' pay to the successful party (Rule 20(2)):  
Unless a judge or the Registrar orders otherwise, an unsuccessful party '''must''' pay to the successful party (Rule 20(2)):  
*any fees the successful party paid for filing any documents;
*reasonable amounts the successful party paid for serving any documents; and
*any other reasonable charges or expenses directly related to the proceedings. (See Rule 20(2); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11138 Bagry v. Aoujla]'', [1994] B.C.J. No. 1212 (QL) (Prov. Ct.); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11209 Gaudet v. Mair]'', [1996] B.C.J. No. 2547 (QL) (Prov. Ct.); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11234 Johnston v. Morris]'', 2004 BCPC 511).


An example of a reasonable expense related to the proceedings is a company search. Another example is costs to purchase cases used in  argument. (See ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=24429 Faulkner v. Sellars]'' (1998), 9 C.C.L.I. (3d) 247 (B.C. Prov. Ct.)). For additional case examples, please see Rule 20(2); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11138 Bagry v. Aoujla]'', [1994] B.C.J. No. 1212 (QL) (Prov. Ct.); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11209 Gaudet v. Mair]'', [1996] B.C.J. No. 2547 (QL) (Prov. Ct.); ''[http://canlii.ca/t/1jpxj Johnston v. Morris]'', 2004 BCPC 511. If such expenses are known at the time of filing, they should be stated on the Notice of Claim. If they occur afterwards, the successful party may request them at the conclusion of the trial.  
* any fees the successful party paid for filing any documents;
* reasonable amounts the successful party paid for serving any documents (Rule 20(2); and
* any other reasonable charges or expenses directly related to the proceedings (Rule 20(2); ''Barry v Rouleau'', [1994] BCJ No. 1212 (QL) (Prov Ct); ''Gaudet v Mair'', [1996] BCJ No. 2547 (QL) (Prov Ct); [https://www.canlii.org/en/bc/bcpc/doc/2004/2004bcpc511/2004bcpc511.html?searchUrlHash=AAAAAQAhSm9obnN0b24gdi4gTW9ycmlzLCAyMDA0IEJDUEMgNTExAAAAAAE&resultIndex=1 ''Johnston v. Morris et al.'', 2004 BCPC 511]).
 
An example of a reasonable expense related to the proceedings is a company search. Another example is costs to purchase cases used in argument ([http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=24429 ''Faulkner v Sellars'' (1998), 9 CCLI (3d) 247 (BC Prov Ct)]). If such expenses are known at the time of filing, they should be stated on the Notice of Claim. If they occur afterward, the successful party may request them at the conclusion of the trial.


Although legal fees '''cannot''' be recovered, legal disbursements may be recoverable if they fit one of the criteria above.  
Although legal fees '''cannot''' be recovered, legal disbursements may be recoverable if they fit one of the criteria above.


Parties are not compensated for the time they spend preparing for or attending court.
Parties are not compensated for the time they spend preparing for or attending court.


== F. Filing a Notice of Claim ==
== G. Filing a Notice of Claim ==


=== 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 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. See [[Small_Claims_Court_Fees_(20:App_H)|Appendix H: Small Claims Court Fees]].
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 (''SCR'', Rule 20(1)) by filing an Application to the Registrar and a Statement of Finances. See [[Small_Claims_Court_Fees_(20:App_H)|'''Appendix H: Small Claims Court Fees''']].


=== 2. Where to File (Rule 1(2)) ===
=== 2. Where to File (Rule 1(2)) ===


A claimant must file the notice of claim at the [[Small_Claims_Registries_(20:App_A) | Small Claims registry]] nearest to where:  
A claimant must file the notice of claim (''SCR'', Rule 1(2)) at the Small Claims registry (see '''Appendix A: Small Claims Registries''') nearest to where:
*the defendant lives or carries on business (see ''[http://canlii.ca/t/frv57 DreamBank, supra]''; or  
*the defendant lives or carries on a business (''[http://canlii.ca/t/frv57 DreamBank, supra]''; 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 locations. (See ''[http://canlii.ca/t/frv57 DreamBank, supra]''; ''[http://canlii.ca/t/1w8rg Rudder v Microsoft Corp.]'', 1999 CanLII 14923 (ON SC); ''[http://canlii.ca/t/23chv 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.  
This can sometimes 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 ''[http://canlii.ca/t/frv57 DreamBank]''; [http://canlii.ca/t/1w8rg ''Rudder v Microsoft Corp.'', [1999<nowiki>]</nowiki> 47 CCLT (2d) 168 (ON SC)]; [http://canlii.ca/t/23chv ''Simpson-Sears Ltd. v. Marshall'' (1979), 12 BCLR 244 (SC))]. 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 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.  
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 kept. (See ''[http://canlii.ca/t/frv57 DreamBank, supra]''; ''Court Jurisdiction and Proceedings Transfer Act'', SBC 2003, c 28).  
A company can live in multiple locations including where it is registered, where it carries on business, and where its records are kept ([http://canlii.ca/t/frv57 ''DreamBank''], supra; ''Court Jurisdiction and Proceedings Transfer Act'', SBC 2003, c 28, s7).


=== 3. How to File ===
=== 3. How to File ===
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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.  
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 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.
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.


== G. Serving a Notice of Claim ==
== H. Serving a Notice of Claim ==
 
A copy of the filed Notice of Claim '''together with a blank Reply form''' (available from the registry) must be served on each defendant (Rule 2(1)). A claimant has 12 months from the date of filing to serve the defendants (''Small Claims Rules, supra'', Rule 2(7)).  If more time is required, the claimant can apply to the registrar for an extension (''Small Claims Rules, supra'', Rules 2(7), 16(2)(a), and 16(3)).


A copy of the filed Notice of Claim together with a blank Reply form (available from the registry) must be served on each defendant (''SCR'', Rule 2(1)). A claimant has 12 months from the date of filing to serve the defendants (''SCR'', Rule 2(7)). If more time is required, the claimant can apply to the registrar for an extension (''SCR'', Rules 2(7), 16(2)(a), and 16(3)).
The permissible methods for serving a defendant depend on who the defendant is. The table below sets out how each category of defendant can be served. If a defendant is evading service or, after a diligent search, cannot be found, a claimant may apply to a judge for an order for substitutional service.
The permissible methods for serving a defendant depend on who the defendant is. The table below sets out how each category of defendant can be served. If a defendant is evading service or, after a diligent search, cannot be found, a claimant may apply to a judge for an order for substitutional service.


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! Defendant !! Permitted Methods of Service
! Defendant !! Permitted Methods of Service
|-
|-
| Individual Over 19 Years Old (''Small Claims Rules, supra'', Rule 2(2)) ||  
| Individual Over 19 Years Old ||  
*Personal service  
*Personal service  
*Registered mail to residence  
*Registered mail to residence (''SCR'', Rule 2(2))
|-
|-
| Individual Under 19 Years Old (''Small Claims Rules, supra'', Rules 2(6) and 18(2)) ||  
| Individual Under 19 Years Old ||  
*Personal service on the minor’s mother, father, or guardian  
*Personal service on the minor’s mother, father, or guardian  
*Personal service on another person as directed by a judge upon application  
*Personal service on another person as directed by a judge upon application(''SCR'', Rules 2(6) and 18(2))
|-
|-
| Individual outside BC ||  
| Individual outside BC ||  
*See “Individual Over 19 Years Old” or “Individual Under 19 Years Old”
*See “Individual Over 19 Years Old” or “Individual Under 19 Years Old”
*Defendant has 30 days to respond (''Small Claims Rules, supra'', Rule 3(4))
*Defendant has 30 days to respond (''SCR'', Rule 3(4)))
|-
|-
| BC Corporation (''Small Claims Rules, supra'', Rule 2(3)) ||  
| BC Corporation ||  
*Leaving a copy at the '''delivery address''' for the registered office  
*Leaving a copy at the '''delivery address''' for the registered office  
*Registered mail to the '''mailing address''' for the registered office  
*Registered mail to the '''mailing address''' for the registered office  
*Personal service on a receptionist or manager at the company’s place of business  
*Personal service on a receptionist or manager at the company’s place of business  
*Personal service on a director, officer, liquidator, trustee in bankruptcy, or receiver manager  
*Personal service on a director, officer, liquidator, trustee in bankruptcy, or receiver manager  
*If the company’s registered office has been eliminated, as directed by a judge on application
*If the company’s registered office has been eliminated, as directed by a judge on application (''SCR'', Rule 2(3))
|-
|-
| Extraprovincial Corporation || See ''Small Claims Rules, supra'', Rule 2(4)  
| Extraprovincial Corporation || See ''Small Claims Rules, supra'', Rule 2(4)  
|-
|-
| Unincorporated Company (Proprietorship) (''Small Claims Rules, supra'', Rule 2(2)) ||  
| Unincorporated Company (Proprietorship) ||  
*Personal service on proprietor  
*Personal service on proprietor  
*Registered mail to proprietor’s residence
*Registered mail to proprietor’s residence (''SCR'', Rule 2(2))
|-
|-
| Unincorporated Company (''Small Claims Rules, supra'', Rule 2(5)) (Partnership) ||  
| Unincorporated Company (Partnership) ||  
*Personal service on a partner  
*Personal service on a partner  
*Personal service on a receptionist or manager at the place of business  
*Personal service on a receptionist or manager at the place of business  
*Registered mail to a partner’s residence
*Registered mail to a partner’s residence (''SCR'', Rule 2(5))
|-
|-
| Company outside BC || See ''Small Claims Rules, supra'', Rule 18(6.1)
| Company outside BC || See ''Small Claims Rules, supra'', Rule 18(6.1)
|-
|-
| Strata Corporation (See ''Strata Property Act'', SBC 1998, c 43, s 64) ||  
| Strata Corporation ||  
*Personal service on a council member  
*Personal service on a council member  
*Registered mail to its most recent mailing address on file in the Land Title Office  
*Registered mail to its most recent mailing address on file in the Land Title Office (''Strata Property Act'', SBC 1998, c 43, s 64)
|-
|-
| Society (See ''Society Act'', RSBC 1996, c 433, s 12; ''Small Claims Rules, supra'', Rule 18(3)) ||  
| Society ||  
*Personal service on anyone at the address for service  
*Personal service on anyone at the address for service  
*Personal service on a director, officer, receiver manager, or liquidator  
*Personal service on a director, officer, receiver manager, or liquidator  
*Registered mail to the address for service  
*Registered mail to the address for service (''Societies Act'', SBC 2015, c 18; ''SCR'', Rule 18(3))
|-
|-
| Unincorporated Association (''Small Claims Rules, supra'', Rule 18(5))||  
| Unincorporated Association ||  
*Personal service on an officer  
*Personal service on an officer  
*Registered mail to the registered office
*Registered mail to the registered office (''SCR'', Rule 18(5))
|-
|-
| Incorporated Association (See ''Cooperative Association Act'', SBC 1999, c 28, s 28)
| Incorporated Cooperative Association, Housing Cooperative, Community Service Cooperative
Housing Cooperative
* Personal service or by registered mail to the registered office of the association (''Cooperative Association Act'', SBC 1999, c 28, s 28)


Community Service Cooperative
| Trade Union ||  
||  
*Leaving with the business agent (''SCR'', Rule 18(5))
*Personal service on a director or officer
*Registered mail to the registered office
*Personal service on anyone at the registered office
|-
| Trade Union (''Small Claims Rules, supra'', Rule 18(5)) ||
*Leaving with the business agent
|-
|-
| Municipality (''Small Claims Rules, supra'', Rule 18(1)) ||  
| Municipality ||  
*Personal service on the Clerk, Deputy Clerk, or similar official
*Personal service on the Clerk, Deputy Clerk, or similar official (''SCR'', Rule 18(1))
|-
|-
| ICBC ||  
| ICBC ||  
*Personal service on a receptionist at 800 – 808 Nelson Street, Vancouver, BC  V6Z 2L5  
*Personal service on a receptionist at 800 – 808 Nelson Street, Vancouver, BC  V6Z 2L5 (''Insurance (Vehicle) Act'', RSBC 1996, c 231, s 22)
|-
|-
| Estate (See ''Wills Estate and Succession Act'', SBC 2009, c13, s 61(1)) ||  
| Estate ||  
*Personal service on the administrator, executor, or executrix  
*Personal service on the administrator, executor, or executrix  
*Registered mail to the residence of the administrator, executor, or executrix  
*Registered mail to the residence of the administrator, executor, or executrix (''Wills Estate and Succession Act'', SBC 2009, c13, s 61(1))
|}
|}


Line 522: Line 520:
=== 1. Personal Service ===
=== 1. Personal Service ===


Personal service is effected when the claimant gives the notice of claim and blank reply form to the defendant in a manner that ensures that the nature of the document is brought to the defendant’s attention. For example, a notice of claim inside an unmarked and sealed envelope or rolled inside of a newspaper is not properly served.  
Personal service is effected when the claimant gives the Notice of Claim and blank reply form to the defendant in a manner that ensures that the nature of the document is brought to the defendant’s attention. For example, a notice of claim inside an unmarked and sealed envelope or rolled inside of a newspaper is not properly served.  


If a defendant knows the nature of the document and has touched it, service has likely been effected. If the defendant knows of the nature of the document and refuses to touch it, the claimant may place it at the defendant’s feet.
If a defendant knows the nature of the document and has touched it, service has likely been affected. If the defendant knows of the nature of the document and refuses to touch it, the claimant may place it at the defendant’s feet.


Personal service can be effected by any adult who is not under a legal disability. A claimant may wish to have a friend or a process server serve the Notice of Claim.  
Personal service can be affected by any adult who is not under a legal disability. A claimant may wish to have a friend or a process server serve the Notice of Claim.  


'''NOTE: Personal service should not be used as a means of intimidating or exacting revenge on a defendant. While it may seem satisfying to personally serve the defendant, alternative methods should be employed if there is a risk of a heated exchange. Such an exchange may lead to  physical violence and, in any event, negative encounters in the course of the litigation will be counterproductive to settlement discussions.'''
'''NOTE: Personal service should not be used as a means of intimidating or exacting revenge on a defendant. While it may seem satisfying to personally serve the defendant, alternative methods should be employed if there is a risk of a heated exchange. Such an exchange may lead to  physical violence and, in any event, negative encounters in the course of the litigation will be counterproductive to settlement discussions.'''


=== 2. Registered Mail ===
=== 2. Registered Mail ===


Registered mail is a service offered by Canada Post. In order to prove that a document was served by registered mail, a party must either obtain a copy of the signature obtained by Canada Post at the time of delivery or obtain a printout of the delivery confirmation from http://www.canadapost.ca.  
Registered mail is a service offered by Canada Post. In order to prove that a document was served by registered mail, a party must either obtain a copy of the signature obtained by Canada Post at the time of delivery or obtain a printout of the delivery confirmation from http://www.canadapost.ca.  


=== 3. Substitutional (Alternate) Service ===
=== 3. Substitutional (Alternate) Service ===


When, after a diligent search, a claimant is unable to locate the defendant or the defendant is evading service, the claimant can apply to the registrar (''Small Claims Rules, supra'', Rule 16(3)) for permission to serve the defendant in another manner (''Small Claims Rules, supra'', Rules 16(2)(e) and 18(8)). An affidavit and a hearing are not required.  
When, after a diligent search, a claimant is unable to locate the defendant or the defendant is evading service, the claimant can apply to the registrar (''SCR'', Rule 16(3)) for permission to serve the defendant in another manner (''SCR'', Rules 16(2)(e) and 18(8)). An affidavit and a hearing are not required.


The alternate method of service that is ordered should be sufficient to bring the claim to the defendant’s attention. Suggested methods of alternate service include a Facebook message, email, facsimile, regular mail, and text message to all known addresses and phone numbers for the defendant. Other methods include posting the Notice of Claim on the defendant’s door. The claimant should seek an order requiring service in as many methods as will be reasonably necessary to make the defendant aware of the claim.
The alternate method of service that is ordered should be sufficient to bring the claim to the defendant’s attention. Suggested methods of alternate service include a Facebook message, email, facsimile, regular mail, and text message to all known addresses and phone numbers for the defendant. Other methods include posting the Notice of Claim on the defendant’s door. The claimant should seek an order requiring service in as many methods as will be reasonably necessary to make the defendant aware of the claim.


== H. Amending a Notice of Claim ==
== I. Amending a Notice of Claim ==


Anything in a notice of claim, reply or other document that has been filed by a party may be changed by that party (a) without any permission, before a settlement conference, mediation, trial conference or trial, whichever comes first; or (b) with the permission of a judge (''Small Claims Rules, supra'', Rule 8(1)). If permission of a judge is required, the applicant must complete an application form (Form 16), follow the instructions on the form, and file it at the registry with the amended document (''Small Claims Rules, supra'', Rule 8).   
Anything in a Notice of Claim, reply or another document that has been filed by a party may be changed by that party (a) without any permission, before a settlement conference, mediation, trial conference, or trial, whichever comes ''first''; or (b) with the permission of a judge (''SCR'', Rule 8(1)). If permission of a judge is required, the applicant must complete an application form (Form 16), follow the instructions on the form, and file it at the registry with the amended document (''SCR'', Rule 8).   


If a Notice of Claim or Reply is being amended, changes must be underlined, initialed and dated on the revised document and, if there is an order authorizing the change, the document must contain a reference to it (''Small Claims Rules, supra'', Rule 8(2)).  The document must then be filed at the registry and served again on each party to the claim before any further steps are made in the claim.  The other party may then change their reply through the same process if they choose, or they may rely on their original reply.
If a Notice of Claim or Reply is being amended, changes must be underlined, initialed, and dated on the revised document and, if there is an order authorizing the change, the document must contain a reference to it (''SCR'', Rule 8(2)).  The document must then be filed at the registry and served again on each party to the claim before any further steps are made in the claim.  The other party may then change their reply through the same process if they choose, or they may rely on their original reply.  
A party wishing to withdraw their claim or other filed document may do so at any time by filing a copy of a notice of withdrawal at the registry and serving the notice on the parties that were served with the document that is being withdrawn (''Small Claims Rules, supra'', Rule 8(4)).


== I. Proof of Service ==
A party wishing to withdraw their claim or other filed document may do so at any time by filing a copy of a notice of withdrawal at the registry and serving the notice on the parties that were served with the document that is being withdrawn (''SCR'', Rule 8(4)).


Once the defendant has been served, the claimant should complete a [[https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms|Certificate of Service (Form 4)]] and file it along with the service copy of the Notice of Claim. If there are multiple defendants, the claimant should file a Certificate of Service and service copy of the Notice of Claim for each defendant. Other methods of written proof of service are available (''Small Claims Rules, supra'', Rule 18(14)). Rarely, a judge may allow sworn oral evidence of personal service (''Small Claims Rules, supra'', Rule 18(15)).
== J. Proof of Service ==


Once the defendant has been served, the claimant should complete a Certificate of Service and file it along with the service copy of the Notice of Claim. Find Form 4 at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms. If there are multiple defendants, the claimant should file a Certificate of Service and service copy of the Notice of Claim for each defendant. Other methods of written proof of service are available (''SCR'', Rule 18(14)). Rarely, a judge may allow sworn oral evidence of personal service (''SCR'', Rule 18(15)).




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