In British Columbia, the Small Claims Court is actually the civil litigation
arm of the Provincial Court of B.C. In a nutshell, it is highly deformalized but
very much a court of law. Any claim of a value of $25,000 or less can be brought
to this forum. A claimant can even bring a claim of a higher amount to the Small
Claims Court, provided he truncates or "abandons part of the claim" to the limit
of $25,000 (nor can a claimant split up a single cause of action into little
parts all under the $25,000 threshold). The Small Claims Act also
precludes any cases based on defamation or malicious prosecution. These latter
claims, as those claims which exceed $25,000, must go to the Supreme Court. Note
also that an appeal from the Small Claims Court is to the Supreme Court. Other
cases, such as residential tenancy, are also precluded from the jurisdiction of
the Small Claims Court.
Cost of a small claims claim is between $100 and $156 depending on how much
you're asking for.
The Supreme Court judging tends to be of a better quality but the Court is
"stuffier" and less "lay litigant"-friendly then the Provincial Court (for
example, you have to call a judge "Lord" or "My Lady" in Supreme Court)!
In the Supreme Court, judges tend to frown on claimants that try to represent
themselves, especially in complex matters of law.
This is actually cherished in the Small Claims. The procedures of the Supreme
Court are more extensive and less forgiving than those of the Provincial Court.
Costs are greater in the Supreme Court as well. Proceedings in the Supreme Court
are also saddled with complex pre-trial legal procedures that only a lawyer
could adequately understand; procedures which are not part of the Small Claims
system. Nor is personal service always required as it frequently is in the
Supreme Court; Small Claims actions can typically be served by double-registered
mail.
One of the wonderful things about the Small Claims court is that the judge
can "admit as evidence ... any oral or written testimony, record or other thing
that the court considers is credible or trustworthy and is relevant to the
matter being heard, even though the testimony, record or other thing is not
admissible as evidence in any other court under the laws of evidence." Also, "a
judge may conduct a trial without complying with the formal rules of procedure
and evidence." That means that hearsay or parole evidence may be
acceptable.
In one fell swoop, this section of the Small Claims Act allows the
judge to "cut to the chase" of the case by eliminating many of the technical
objections that lawyers like to use to implement their case strategy.
The Small Claims Court is presided by a judge of the Provincial Court.
Procedure is guided by the Small Claims Rules, an easy-to-read, must-have
document for anyone who will be presenting, or defending, a case before the
Small Claims Court.
The first step to filing a claim is to fill out a notice of claim and
file it in the Provincial Court registry nearest to where the defendant lives or
carries on business, or where "the transaction or event that resulted in the
claim took place." In other words, the plaintiff has a choice. The Rules set out
special rules for serving companies.
The defendant then has a limited time from receiving the notice of claim to
reply (again using a special Form), and including a reply filing fee. The
registrar is responsible for serving (by mail) the reply on the other parties.
The defendant is also allowed to counter-claim or to enjoin a third party, if he
believes that this third-party "should pay all or part of the claim."
If the defendant does not file a reply, then you'd be well advised to move
quickly for a default order and attaching a copy of the certificate of service.
If the claim is for a debt, the registrar may make an order right away. If the
claim is not for a debt, the registrar will set a date for a hearing before a
Small Claims judge and the defendant is "not entitled to receive notice of a
hearing under this rule". In fact, the right to reply is lost except with the
special permission of a judge. The default hearing is to allow the judge to
determine the amount of money, or other type of order which might be
appropriate.
If the defendant does file a reply, a settlement conference is
convened. All parties receive notice of the conference from the registrar. All
parties must be at settlement conferences, with or without their lawyers failing
which the judge has the authority to dismiss the claim or enter a payment order
against the absent party. There are some exceptions. For example, a defendant
who does not dispute liability, just the amount of the claim, may be excused.
You'd better be prepared for the conference: the judge may order you to pay the
expenses of the other party is the settlement conference cannot be conducted
properly because a party is not prepared for it. The parties must bring all the
documents that they are relying on such as correspondence, medical reports or
records of expenses or losses incurred.
At a settlement conference, the judge has a wide variety of powers, all aimed
at settling the case and avoiding trial if possible. For example, the judge may
mediate between the parties, make an order if agreed to between the parties, and
even dismiss the claim if the judge decides that it is not reasonable or
"discloses no triable issue." Another important fact related to the conference
is that up to that time, amendments to claims or replies may be done without the
permission of the judge. After the conference, they may only be done with the
permission of the judge.
Sandwiched into the process but usually before the settlement conference is
mediation. This article doesn't allow for detailed review of the convulted
thresshold which as to process, in any event, varies from registry to registry.
If it's off to trial you go, you'll need to summons witnesses using
Form 8, which has to be served at least 7 days before the trial date. You can
order that person to bring any records that may be required (ignoring a Small
Claims summons can be serious; the rules say you can be jailed for it). Again,
the consequences for not attending a trial when it has been set means that your
claim or reply can be rejected.
The Small Claims courts are gentle with a defendant held liable for the
payment of a money award. The judgement debtor can ask for a payment hearing at
which time, the court may order a payment schedule.
Our lovely Government loves to change URLs without notice but until they do
so, check http://www.ag.gov.bc.ca/courts/manuals/small_claims/index.htm for a
comprehensive manual on our small claims system and process.