1. What Is Small Claims Court in Vancouver?
Small claims court in Vancouver, British Columbia, is a branch of the Provincial Court of BC that handles disputes involving monetary claims between $5,001 and $35,000. For claims under $5,000, you can file through the Civil Resolution Tribunal (CRT) instead.
2. Types of Cases Handled in Small Claims Court
You can file a small claims case in Vancouver for:
- Unpaid Debts: Loans, wages, or invoices.
- Property Damage: Repairs or replacement costs due to negligence or accidents.
- Breach of Contract: Disputes involving goods or services not delivered as agreed.
- Landlord-Tenant Issues: Claims for unpaid rent or property damages (excluding eviction disputes).
3. Monetary Limits for Small Claims in Vancouver
| Court/Tribunal | Claim Amount |
|---|---|
| Civil Resolution Tribunal | Up to $5,000 |
| Small Claims Court | $5,001–$35,000 |
For claims exceeding $35,000, you must file in the Supreme Court of British Columbia.
4. Steps to File a Small Claim in Vancouver
Step 1: Determine Jurisdiction
- File your claim in the Provincial Court of BC in Vancouver if:
- The defendant resides or conducts business in Vancouver.
- The incident or dispute occurred in Vancouver.
Step 2: Complete the Notice of Claim Form
- Obtain the Notice of Claim form from the court registry or download it from the Provincial Court of BC website.
- Include:
- Your name and contact information.
- Defendant’s name and address.
- A brief explanation of the dispute and the amount sought.
Step 3: File the Notice of Claim
- Submit the completed form at the Small Claims Court Registry in Vancouver:
- Address: Robson Square, 800 Hornby Street, Vancouver, BC V6Z 2C5.
- Pay the filing fee, which depends on the claim amount:
- $100 for claims up to $3,000.
- $156 for claims between $3,001 and $5,000.
- $201 for claims over $5,000.
Step 4: Serve the Defendant
- Notify the defendant by delivering the Notice of Claim using:
- Personal Service: Delivered by someone over 19 who is not involved in the case.
- Registered Mail: Sent with proof of delivery.
Step 5: Prepare for Settlement Conference
- Attend a settlement conference scheduled by the court to try resolving the dispute without going to trial.
Step 6: Attend the Hearing (If Necessary)
- If no settlement is reached, attend the trial and present your evidence to the judge.
5. Costs of Filing a Claim in Vancouver
| Claim Amount | Filing Fee |
|---|---|
| Up to $3,000 | $100 |
| $3,001–$5,000 | $156 |
| Over $5,000 | $201 |
Additional costs include:
- Service Fees: For notifying the defendant, typically $20–$100 depending on the method.
- Trial Fees: Additional fees may apply for trials exceeding a certain duration.
6. Tips for Success in Vancouver Small Claims Court
- Accurate Information: Ensure all details in your Notice of Claim are correct.
- Prepare Evidence: Organize receipts, contracts, photos, and witness statements to support your claim.
- Be Professional: Present your case clearly and respectfully in court.
- Understand Deadlines: File your claim within the statute of limitations, typically two years from the date of the dispute.
7. Frequently Asked Questions (FAQs)
1. Can I file a small claim online in Vancouver?
Yes, for claims under $5,000, file through the Civil Resolution Tribunal online. Claims over $5,000 must be filed in person at the Small Claims Court Registry.
2. Do I need a lawyer for small claims court?
No, small claims court is designed for self-representation. However, you can consult a lawyer for advice if needed.
3. How long does the small claims process take in Vancouver?
The process usually takes 3–6 months, depending on court schedules and case complexity.
4. What if the defendant doesn’t respond to the claim?
The court may issue a default judgment in your favor if the defendant fails to respond or appear.
5. Can I appeal the court’s decision?
Yes, you can appeal a small claims decision to the Supreme Court of British Columbia within 30 days.
6. What happens if my claim exceeds $35,000?
You must file your case in the Supreme Court of British Columbia or reduce your claim to fit within the small claims limit.
Conclusion
Small claims court in Vancouver provides an accessible and efficient way to resolve disputes involving amounts up to $35,000. By following the steps outlined above and preparing your case thoroughly, you can navigate the process confidently and achieve a fair resolution. For more information, visit the Provincial Court of BC website or contact the Vancouver Small Claims Court Registry.