Small Claims Act & Rules: Annotated--ONLINE

Your handy Small Claims Court Act and Rules guide with commentary

This book is essential for: anyone appearing in Small Claims Court 

Current to: September 1, 2023

Small Claims Court may be the right court to take your client's case. With Small Claims Act and Rules: Annotated, you have quick and easy access to the complete text of the Small Claims Act and Small Claims Rules along with annotations of case law selected and summarized by provincial court judges. Designed to complement CLEBC's Provincial Court Small Claims Handbook, this resource is your guide to getting the right outcome for your client in Small Claims Court.

With an online subscription to Small Claims Act and Rules: Annotated, your firm will be able to:

• conveniently access detailed guidance at any time and from any location, search for relevant information, link directly to significant legislation, case law, and websites
• quickly refer to the Rule or section of the Act that you need
  
• access important case law on procedural and substantive law issues
  
• confidently advise your client and appear in Small Claims Court

Subscribe today and have your Small Claims Court companion at your fingertips! View a sample from this book!

Highlights of the 2024 Update include:

• notable cases under the Small Claims Act and Rules:
  • it is not the responsibility of the trial judge, when dealing with a self-represented litigant, to advise them on how they should defend the action (Primex Industries Inc. v. Tatras Contracting Group Ltd., 2023 BCSC 818)
  • greater flexibility approach may be taken with respect to "medical reports," considered in context of the claim and the purpose of the Small Claims Act and Rules (Waller v. Nelson, 2023 BCPC 109) 
• new and updated practice directions
• the Civil Resolution Tribunal has jurisdiction to determine liability and damages for minor injuries resulting from motor vehicle accidents (Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2022 BCCA 163)

Annual subscription rates are based on firm size. A monthly payment option is available.

Online subscribers can purchase a print copy of Small Claims Act and Rules: Annotated for 30% off its regular price.

Discover all of our Litigation resources here

CLEBC Legal Editor
Allison Cartier
acartier@cle.bc.ca 

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Chapters

Part 1—Small Claims Act—Part 1—Definitions, Purpose and Claims

1. Definitions

2. Purpose

3. Claims the Court May Hear

4. Making or Defending a Claim

Part 2—Small Claims Act—Part 2—Appeal

5. Right of Appeal

6. Time Limit for Appeal

7. Notice of Appeal

8. Deposit

9. Suspension of Proceedings

10. Date of Hearing

11. Service of Notice

12. Hearing of Appeal

13. Decision

14. Recording of Appeal

15. Variations of Time

Part 3—Small Claims Act—Part 3—Evidence, Procedure and Administration

16. Evidence

17. Directions of Chief Judge

18. Forms

19. Costs

20. Registrars

21. Power to Make Regulations

Part 4—Small Claims Rules 1 to 5

22. Making a Claim

23. Process for Making a Claim if Proceedings Previously Initiated before Civil Resolution Tribunal

24. Serving a Notice of Claim

25. Replying to a Claim Made by a Notice of Claim

26. Making a Claim Against a Claimant

27. Third Parties

Part 5—Small Claims Rules 6 to 7.5

28. If a Defendant Does Not Reply to a Claim

29. The Settlement Conference

30. Transfers and Multiple Claims

31. Repealed

32. Transitional Provisions for Rules 7.2 and 7.4

33. Mediation for Claims Between $10 000 and $35 000

34. Repealed

35. Trial Conferences

Part 6—Small Claims Rules 8 to 15

36. Changing or Withdrawing a Claim or Reply, Etc.

37. Witnesses

38. Simplified Trials for Claims up to $10 000

39. Summary Trial for Financial Debt

40. The Trial

41. Offer to Settle

42. Penalties if Final Decision by Civil Resolution Tribunal

43. Payment of the Judgment

44. Payment Hearing

45. Default Hearing

46. Warrant of Arrest for Not Attending Court

47. If a Warrant of Imprisonment is Issued

Part 7—Small Claims Rules 16 to 22

48. Applications to the Court

49. Application for Exemption from Adjudication of Claim by Civil Resolution Tribunal

50. General

51. Procedures in Fax Filing Pilot Project Registries

52. Other Rules about Service and Proving Service

53. Contempt

54. Fees and Expenses

55. Use of Forms

56. Electronic Filing Rule

Fees

Small Claims Court Forms

Practice Directions

Tables
Case Table
Statutes and Related Material Table
Index

Editor
The Honourable Judge Barbara J. Flewelling — Provincial Court of BC, Campbell River