5,483
edits
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
||
Line 45: | Line 45: | ||
=== 3. Costs === | === 3. Costs === | ||
The cost to file a claim depends on the amount being claimed. The filing fee is $100 for claims of $3,000 or less and $156 for claims over $3,000. All Small Claims Court fees are listed in Schedule A of the SCR. If a person is unable to afford the | The cost to file a claim depends on the amount being claimed. The filing fee is $100 for claims of $3,000 or less and $156 for claims over $3,000. All Small Claims Court fees are listed in Schedule A of the SCR. | ||
If a person is unable to afford the court’s fees, they can file an Application to the Registrar (Form 16) together with a Statement of Finances. If accepted, the party will be exempted under Rule 20(1) from paying fees with respect to that court file. | |||
An unsuccessful litigant must, unless a judge or registrar orders otherwise, pay to the successful party: | |||
*any fees the successful party paid for filing any documents; | |||
*reasonable amounts the party paid for serving any documents; and | |||
*any other reasonable charges or expenses that the judge or registrar considers directly relate to the conduct of the proceeding28. | |||
Under no circumstances can any party recover any fees paid to a lawyer with respect to the proceeding: s. 19(4) of the SCA; however, reasonable disbursements charged by a lawyer with respect to the proceeding may be awarded to the successful party. | |||
== B. Supreme Court of British Columbia == | |||
The Supreme Court has a broad jurisdiction. It is not bound by any monetary limits and there are few restrictions on the types of claims that it can hear. The Supreme Court can grant injunctions, conduct judicial reviews, and make new law. The Supreme Court is not designed for lay litigants. Parties without legal training or legal advice may find it much more difficult to navigate than Small Claims Court. There are, however, a number of resources29 to help lay litigants bring and defend claims in Supreme Court. The court fees in Supreme Court are higher than in Small Claims Court; they can be waived, however, for those who cannot afford them. In Supreme Court, the losing party will often be ordered to pay to the successful party a portion of that party’s reasonable legal costs. Costs are awarded using a tariff system and generally on a party and party basis that usually amounts to about twenty per cent of the successful party’s costs. While it is possible for the successful party to be fully indemnified through an award of special costs, also known as solicitor-client costs, this is rare and should not be expected. | |||
== C. Civil Resolution Tribunal == | |||
The Civil Resolution Tribunal is designed to be an alternative to Small Claims Court. It is anticipated that the tribunal will begin operations some time in 2015.In June 2014, regulations were enacted that |