CLIENT TALK
October, 2003
SMALL CLAIMS
The Small Claims division of British Columbia's Provincial Court is
designed to accommodate unrepresented litigants however, many people
still find the process and procedure stressful and confusing and prefer
to have legal counsel represent them in their action.
The Small Claims Division has jurisdiction over most civil disputes
involving claims to a maximum of $25,000.00 (plus court filing fees,
interest and reasonable expenses). This level of court will not award
the successful litigant costs (such as legal fees). The authority and
jurisdiction of the court is set out in the Small Claims Act R.S.B.C.
1996, c. 430 and the Small Claims Rules B.C. Reg. 261/93 and includes
personal debt or damages, recovery services, or relief from opposing
claims to personal property. The Small Claims Division does not have
jurisdiction to hear matters of divorce, trusts, wills (i.e. probate),
malicious prosecution, libel, slander, bankruptcy or prerogative writs
and has very limited jurisdiction in residential landlord/tenancy matters.
If your claim exceeds $25,000.00 you may still proceed in Small Claims
Court, but must abandon the excess amount. Some litigants prefer to
do this because they believe the matter may be resolved faster through
the mandatory settlement conference that must be held in every small
claims matter or because they do not wish to proceed in British Columbia
Supreme Court because they perceive it as a longer and more involved
process.
For more information on Small Claims Court including limitation periods,
demand letters, drafting the Notice of Claim and preparing for settlement
conference and trial, please call us at 250-287-8355. We will be
pleased to meet with you and help you to understand your options.
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The opinion(s) expressed in this article may not be shared by the Law Corporation and is the opinion(s) of the author. This article is not intended to substitute for the advice of a lawyer. Please consult a lawyer regarding any legal issues you may have.
Shook, Wickham, Bishop & Field
906 Island Highway, Campbell River, B.C., V9W
2C3
Tel: (250) 287-8355
Fax: (250) 287-8112
Email: wickham@crlawyers.ca
