A legal dispute is sometimes unavoidable, however, depending on the type of dispute and the amount being sought in your claim, you may be able to avoid pursuing your claim through the BC Supreme Court and file in Small Claims.
What is Small Claims?
Small Claims court is a division of the Provincial Court of British Columbia. It is designed to resolve lower-value disputes, quickly and efficiently. Matters are heard by judges, and the procedures and forms are often more straightforward than those in the Supreme Court.
How much can you sue for?
Small Claims involves monetary claims of $5,001 to $35,000. If your claim is for less than $5,000, it falls under the jurisdiction of the Civil Resolution Tribunal,
If your claim exceeds $35,000, you may:
- Abandon the excess amount and proceed in Small Claims court; or
- Pursue the full amount in Supreme Court.
This choice on whether to pursue the full amount in Supreme Court or abandon the excess and stick with small claims will depend on how important it is to recover the full amount versus obtaining a faster, less expensive resolution.
Types of Cases
Small claims court can handle the following types of civil disputes:
- Unpaid invoices or loans
- Damage to property (vehicle, real estate)
- Breach of contract claims resulting in monetary damages
- Unpaid rent (for a commercial lease only, Small Claims does not have jurisdiction over residential tenancy disputes)
- Defective goods or services
- Construction disputes related to defective work or unpaid balances.
Small claims court cannot hear or resolve the following:
- Family law disputes
- Wills and estate matters
- Defamation cases
- Personal injury claims
- Land ownership disputes or foreclosures.
Small Claims Process
Like the Supreme Court, a claim through Small Claims is commenced by filing a Notice of Claim. In the Claim, you identify the parties involved, the events leading up to your claim, and specify the amount you are claiming and why. Once your claim has been filed at the appropriate court registry, you must serve the claim on the other party. They then have a set period to file their response.
Once a response is filed, a mandatory settlement conference takes place. A settlement conference is before a judge and is considered “without prejudice.” At the settlement conference, a judge reviews the claim and helps the parties determine if there is a way for early settlement to be found. If the parties are unable to reach an agreeable settlement, the matter will proceed to trial.
If you are successful at trial, a judge will make an order for how much the other party owes you. If the other party refuses to pay pursuant to the order, you can take enforcement actions such as:
- Garnishing wages
- Seizure and sale of personal assets
- Registering the judgement on title to real property
- Registering the judgment with a collection agency
This information is general in nature only. You should consult a lawyer before acting on any of this information. This information should not be considered as legal advice. To learn more about your legal needs, please contact our office at (250)448-2637 or any of our lawyers practicing in the area of civil litigation.