Big Changes to Small Claims

Small Claims under $5001

Last week, the Civil Resolution Tribunal (CRT)–Canada’s first online tribunal–began accepting small claims disputes $5000 and under.

Small claims disputes that the CRT can resolve include a wide variety of issues between individuals and organizations. You can start with the Solution Explorer, the first step in the CRT process, to find information and self-help tools for your issue. You can also apply for dispute resolution right from the Solution Explorer.

If you go through to obtain a CRT order, it may be enforced by filing it in the BC Provincial Court. When you do so, it has the same force and effect as a judgment of the BC Provincial Court.

What about Small Claims over $5000?

The BC Provincial Court now handles Small Claims cases between $5001 and $35,000. The Court has put together a helpful page that goes over the changes, including:

  • types of disputes;
  • what the CRT can and cannot hear;
  • when a claim under $5001 can still be heard by the Provincial Court;
  • when the CRT might refuse a claim;
  • what to do when you are not happy with a CRT decision;
  • special procedures in Vancouver and Richmond; and
  • alternatives to court.

What resources & help are there for Small Claims?

With the help of Judge Ann Rounthwaite (retired), Digital Communications Coordinator for the BC Provincial Court, we have updated Where do I start for information on Small Claims Court?

This page provides a curated collection of helpful basics for all things Small Claims.

It includes a printable PDF handout with:

  • A summary of the resources; and
  • A short bit.ly link so anyone can quickly access the full list of links.

Other Provincial Court resources

The following Common Questions have also been updated:

Access all “Where do I start…?” questions and handouts at: bit.ly/clicklawbcpc

Stay informed:

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Going to BC Provincial Court? New Resources For You.

Handouts contain short bit.ly URLs that forward to the Common Question page where the resources are accessible and the handout is available as a shareable PDF download

You may be familiar with Clicklaw’s Common Questions. While you can use Clicklaw’s search and navigation to narrow down resources, sometimes it’s easier to get help picking a few to start with. This is where the Common Questions come in.

We have been working with Judge Ann Rounthwaite of the BC Provincial Court and the Clicklaw Editorial Committee to come up with 3 new special Common Question pages to help you get started with different matters in Provincial Court:

The lists are not exhaustive of all the resources available on these topics. If we included everything possibly out there, it would be much longer than a handy one-pager. We aimed for a mix of helpful basics but also resources that included practical tips for the courtroom.

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Check out new resources from the BCPC

The handouts also include some great new resources from the BC Provincial Court. For example, “Preparing for a Family Court Trial in Provincial Court” provides helpful information on Evidence at a Family Court Trial, and what facts can be relevant for your trial depending on what type of Application you are making. See more here.

Everyone is welcome to download, print and share these handouts: judges, court staff, advocates, settlement workers, librarians, and even lawyers who would like to help their clients better understand the court process now have an easy starting point to direct to. If you are a Self-Represented Litigant, this is a good place to begin. Check it out!

Tell the Chief Judge what you think about online publication of criminal court information

Update: Extension of deadline to October 1, 2015. In light of the interest shown in the issues raised by the Consultation Memo, the Chief Judge has extended the time for members of the public to make written submissions. Comments are now sought on or before October 1, 2015.

By the Provincial Court of British Columbia
Cross-posted from eNews

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Visit the Provincial Court of BC website: provincialcourt.bc.ca

The B.C. Provincial Court appears to be the only criminal trial court in Canada that provides remote online access to adult criminal court case information. You can access accused persons’ names, charges, bail orders and sentences through Court Services Online (CSO).

Online access like this raises unique tensions between fundamental principles of open courts, the presumption of innocence, and the extent to which personal information should be widely circulated when the outcome of a criminal charge is something other than conviction. The Court’s current policy is not to display case information on CSO after a case has ended if the case has resulted in a stay, withdrawal of charges, or an acquittal or dismissal. The Chief Judge is also considering whether to adopt a policy not to display information about cases that have resulted in “peace bonds” under section 810 of the Criminal Code.

Because there has not been a broad public discussion about what the limits on online publication of criminal case information should be, the Chief Judge invites members of the public, including the media, to comment on these aspects of judicial policy. A Consultation Memorandum has been posted to the Provincial Court website. It outlines the issues and asks for your views. Your comments and discussion will help the Chief Judge determine whether these policies need adjusting and whether they achieve an appropriate balance between openness and privacy considerations.

The Consultation Memorandum also deals with another issue. Members of the media have found that CSO blocks access to case information whenever a publication ban is made. The memorandum explains how publication bans work on CSO and why this blocking happens. The Chief Judge also invites comment on this policy and suggestions for reasonable alternatives.

Please read the Consultation Memorandum to find:

  • information about the policies limiting access to case information when a stay, withdrawal, acquittal or dismissal has been entered;
  • reasons for considering a change to include peace bonds, options for change; and
  • information about the effect of publication bans on the information available on CSO.

Then please send your comments by September 18, 2015 to:

info@provincialcourt.bc.ca Re: CSO Policy Consultation
OR
CSO Policy Consultation
Attention: Mr. Gene Jamieson, Q.C., Senior Legal Officer
Office of the Chief Judge, Provincial Court of British Columbia
337 – 800 Hornby Street, Vancouver, B.C.

… and share them on Twitter @BCProvCourt.