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Difference between revisions of "Choosing the Proper Forum for Small Claims (20:IV)"
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Choosing the Proper Forum for Small Claims (20:IV) (view source)
Revision as of 07:48, 5 August 2016
, 07:48, 5 August 2016→3. Costs
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=== 3. Costs === | === 3. Costs === | ||
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 | 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 | 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; | *any fees the successful party paid for filing any documents; | ||
*reasonable amounts the party paid for serving any documents; and | *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 | *any other reasonable charges or expenses that the judge or registrar considers directly relate to the conduct of the proceeding (See ''[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=24429 Faulkner v. Sellars]'' (1998), 9 C.C.L.I. (3d) 247 (B.C. Prov. Ct.); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=11234 Johnston v. Morris]'', 2004 BCPC 511). | ||
Under no circumstances can any party recover any fees paid to a lawyer with respect to the proceeding: | 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 == | == B. Supreme Court of British Columbia == | ||