Small Claims Act & Rules - Annotated

This book is essential for: all litigators appearing in Small Claims Court.

Current to: December 1, 2012

Price: $255; $230 when purchased together with Provincial Court Small Claims Handbook

Knowing your way around Small Claims Court is more important than ever. The court's  monetary jurisdiction ($25,000) and dispute resolution mechanisms make the court an advantageous option for resolving British Columbians' disputes. This comprehensive reference includes the complete up-to-date text of the Small Claims Act and Rules, and digests of important small claims and appeal cases. Small Claims Act and Rules—Annotated belongs in every litigator's briefcase. First published in 1997, the book has been revised and updated to best meet the needs of those involved with Small Claims processes in the British Columbia Provincial Court.

Highlights of the 2013 update:

• case law and statutory changes current to approximately December 2012
• decisions of the Provincial Court, Supreme Court, and Court of Appeal over the past year, which clarified a variety of procedural issues including
  • the Small Claims Court’s jurisdiction to: grant summary judgment at a settlement conference; order substitutional service of a summons to a payment hearing; dismiss vexatious litigation at a settlement conference or interlocutory application and dismiss when part res judicata and part vexatious; grant a “no evidence” motion; enforcement proceedings; dismiss a petition by an interpreter because non-parties are not owed a duty of fairness; determine claims involving the Repairer’s Lien Act; to control its own processes
  • the Small Claims Court’s jurisdiction to hear claims from trustees for reimbursement for benefits paid; to review a breach of contract of insurance by ICBC for an accident occurring in California; to grant declaratory relief
  • the Court of Appeal’s jurisdiction to hear an appeal as a trial de novo
  • the admissibility of new evidence and new statutory authority on appeal
  • splitting court actions for damages and liability between the Provincial Small Claims Court and the Supreme Court
  • dismissal for no triable issue
  • setting aside: a mediation agreement; a notice of withdrawal; a default judgment; improper service
  • penalty costs
• updated versions of the case table, statute table, and index

Small Claims Act

PART 1—Definitions, Purpose and Claims
Section 1—Definitions
Section 2—Purpose
Section 3—Claims the Court May Hear
Section 4—Making or Defending a Claim

PART 2—Appeal
Section 5—Right of Appeal
Section 6—Time Limit for Appeal
Section 7—Notice of Appeal
Section 8—Deposit
Section 9—Suspension of Proceedings
Section 10—Date of Hearing
Section 11—Service of Notice
Section 12—Hearing of Appeal
Section 13—Decision
Section 14—Recording of Appeal
Section 15—Variations of Time

PART 3—Evidence, Procedure and Administration
Section 16—Evidence
Section 17—Directions of Chief Judge
Section 18—Forms
Section 19—Costs
Section 20—Registrars
Section 21—Power to Make Regulations

Small Claims Rules
Introduction/Definitions
Rule 1—Making a Claim
Rule 2—Serving a Notice of Claim
Rule 3—Replying to a Claim
Rule 4—Making a Claim Against a Claimant
Rule 5—Third Parties
Rule 6—If a Defendant Does Not Reply to a Claim
Rule 7—The Settlement Conference
Rule 7.1—Transfers and Multiple Claims
Rule 7.2—Mediation for Claims up to $10,000
Rule 7.3—Mediation for Claims Between $10,000 and $25,000
Rule 7.4—Mediation of Claims for More than $5,000 or for Damages for Personal Injury (Pilot Project—Robson Square Small Claims Registry)
Rule 7.5—Trial Conferences (Pilot Project—Robson Square Small Claims Registry)
Rule 8—Changing or Withdrawing a Claim or Reply, Etc.
Rule 9—Witnesses
Rule 9.1—Simplified Trials for Claims up to $5,000 (Pilot Project—Robson Square and Richmond Small Claims Registries)
Rule 9.2—Summary Trial for Financial Debt (Pilot Project—Robson Square Small Claims Registry)
Rule 10—The Trial
Rule 10.1—Offer to Settle
Rule 11—Payment of the Judgment
Rule 12—Payment Hearing
Rule 13—Default Hearing
Rule 14—Warrant of Arrest for Not Attending Court
Rule 15—If a Warrant of Imprisonment is Issued
Rule 16—Applications to the Court
Rule 17—General
Rule 17.1—Procedures in Fax Filing Pilot Project Registries
Rule 18—Other Rules About Service and Proving Service
Rule 19—Contempt
Rule 20—Fees and Expenses
Rule 21—Use of Forms
Rule 22—Electronic Filing Rule

Fees
Schedule A

Forms
Form 1—Notice of Claim
Form 2—Reply
Form 3—Third Party Notice
Form 5—Application for Default Order/Notice of Hearing
Form 6—Notice of Settlement Conference
Form 7—Certificate of Readiness
Form 8—Summons to Witness
Form 9—Warrant of Arrest/Notice of Warrant of Arrest
Form 10—Payment Order
Form 11—Order for Seizure and Sale
Form 12—Summons to a Payment Hearing
Form 13—Notice of a Payment Hearing
Form 14—Summons to a Default Hearing
Form 15—Warrant of Imprisonment
Form 16—Application to the Registrar
Form 17—Application to a Judge
Form 18—Offer to Settle
Form 19—Acceptance of Offer
Form 20—Fax Cover Sheet
Form 21—Notice to Mediate for Claims up to $10,000
Form 22—Verification of Non-Attendance
Form 23—Request for Judgment or for Dismissal
Form 24—Result of Mediation
Form 25—Mediation Agreement
Form 26—Mediation Compensation Order
Form 27—Notice of Mediation Session
Form 28—Electronic Filing Statement
Form 29—Notice to Mediate for Claims Between $10,000 and $25,000
Form 30—Fee Declaration
Form 31—Verification of Default
Form 32—Notice of Trial Conference
Form 33—Trial Statement

Mediation Schedules
Schedule C—Mediation Registries (Rule 7.2(1))
Schedule D—Mediation Cases (Rule 7.2(2)(a))
Schedule E—Excluded Cases (Rule 7.2(3))

Tables
Case Table
Statute Table
Index

Features

• easy to use format, including index tabs, case and statute tables, and
• regular updates

Editors
The Honourable Judge Ellen M. Burdett — Provincial Court of British Columbia, Kelowna
The Honourable Mr. Justice Kenneth W. Ball — Supreme Court of British Columbia, New Westminster