Is Small Claims the right forum?
Before you file, confirm the jurisdiction. BC Provincial Court — Small Claims Division hears monetary disputes between $5,001 and $35,000. Below $5,000, most claims must go to the Civil Resolution Tribunal. Above $35,000, the BC Supreme Court. Some specific categories (certain motor vehicle injury claims, debt collection on accounts, strata disputes under a threshold) have special rules — check the Small Claims Act and CRT Act if your matter is unusual.
If your claim is just above $35,000, consider abandoning the excess under Rule 1(4) of the Small Claims Rules. Staying in Small Claims saves thousands in filing fees and procedural complexity compared to Supreme Court.
The Form 1 fields and what they actually need
- Claimant information. Full legal name, address for service, phone, email. For corporations, the registered legal name from the BC Registry.
- Defendant information. Full legal name. If the defendant is a BC corporation, confirm via BC Registry that the name matches. For sole proprietorships operating under a business name, name both the individual and the business name (“Jane Smith doing business as Smith Landscaping”).
- What happened. Numbered paragraphs, chronological, with dates. This is not a letter; keep it factual.
- What is being claimed. Principal amount, interest (Court Order Interest Act rate or contract rate), and any out-of-pocket costs.
- Total amount claimed. Separate from filing fees and legal costs.
Filing fees and the right registry
Current BC Small Claims filing fees are $100 for claims of $3,000 or less and $156 for claims over $3,000. File at the Provincial Court registry closest to where the defendant lives or where the events giving rise to the claim occurred. Filing at a Vancouver registry when the defendant lives in Prince George invites a motion to transfer venue.
Paper filing is still accepted in person or by mail. Court Services Online (CSO) now supports electronic filing of the Notice of Claim at several major registries including Vancouver, Victoria, Surrey, Richmond, and Kelowna — more registries are being added.
Serving the Notice of Claim
Once filed, the registry returns a stamped, numbered copy. You must then serve the defendant. BC Small Claims Rule 2 requires personal service (in-person delivery by someone who is not a party). Options:
- Hire a process server ($80–$150 in Metro Vancouver, similar in Victoria).
- Have a friend over 18 deliver the documents.
- Service by registered mail is permitted for some defendants (e.g., corporations, where specific rules apply). Always confirm against the current Rules.
After service, the server completes a Certificate of Service and you file it at the registry. Without the Certificate, the case cannot proceed.
The 14-day Reply window
The defendant has 14 days after service (30 days if served outside BC but within Canada or the U.S., 60 days outside North America) to file a Reply on Form 2. If they do not, you may apply for default order. If the defendant replies, the registry schedules a mandatory Settlement Conference, usually 3 to 5 months out.
Settlement Conference and beyond
The Settlement Conference is presided over by a Provincial Court judge and is held off the record — statements cannot be used at trial. About half of BC Small Claims cases settle here. Come with a written settlement brief, your documents, and a bottom-line number. If no settlement is reached, the judge will schedule either a Trial Conference or trial date, depending on complexity.
Generate your BC Notice of Claim with the registry, filing fee, and service plan laid out.
Start my Notice of Claim →Related BC resources
BeProSe is a document preparation service, not a law firm. We do not provide legal advice. For disputes over $20,000 or involving complicated facts, review your Notice of Claim with a licensed BC lawyer first.