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, 2021

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 2022 Update include: 

• all chapters, forms, and other features of the manual have been brought current to September 1, 2021
• reproduced legislation captures August 16, 2021 amendments to the Small Claims Rules (B.C. Reg. 191/2021)
• expanded discussion in Part 1 (Small Claims Act, Section 3 – Claims the Court May Hear) capturing substantive law topics that counsel and individuals appearing in Small Claims Court should be aware of
• new annotations covering notable cases from the past year, including:
  • Grant Thornton LLP v. New Brunswick, 2021 SCC 31, wherein the Supreme Court of Canada clarified when a limitation period will be "discovered" and trigger the running of a limitation period
  • Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2021 BCSC 348, wherein the Chief Justice of the Supreme Court of British Columbia granted an order declaring that s. 131(1)(b) and (c) of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25 is unconstitutional and of no force or effect, and that s. 16.1 is unconstitutional and should be read down insofar as it applies to accident claims, except for determination of accident benefits under s. 133(1)(a)
  • Kawakami v. Brayer, 2021 BCSC 267 (Chambers): wherein a settlement conference record, although brief, was found to be sufficient for the reviewing judge to assess the reasonableness of a prior decision

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 35% off its regular price.

Discover all of our Litigation resources here

CLEBC Legal Editor
Katelyn Rattray
krattray@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 or Enforcing an Order

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

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. Mediation for Claims between $10 000 and $30 000

33. Repealed

34. Trial Conferences

Part 6—Small Claims Rules 8 to 15

35. Changing or Withdrawing a Claim or Reply, etc.

36. Witnesses

37. Simplified Trials for Claims up to $10 000

38. Summary Trial for Financial Debt

39. The Trial

40. Offer to Settle

41. Penalties if Final Decision by Civil Resolution Tribunal

42. Payment of the Judgment

43. Payment Hearing

44. Default Hearing

45. Warrant of Arrest for Not Attending Court

46. If a Warrant of Imprisonment is Issued

Part 7—Small Claims Rules 16 to 22

47. Applications to the Court

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

49. General

50. Procedures in Fax Filing Pilot Project Registries

51. Other Rules about Service and Proving Service

52. Contempt

53. Fees and Expenses

54. Use of Forms

55. 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