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:

01_Clicklaw_30px01_Twitter_30px01_Linkedin_30px01_Website_30pxFB-f-Logo__blue_29

Help for people with family law issues who have to represent themselves in BC Supreme Court

By Winnifred Assmann and Nate Prosser
Legal Services Society2015-10-02 16-42-35_Prepare for your trial_ Family Law in BC

Representing yourself is intimidating. It’s also a scenario that is becoming
more common. To help people in this situation, the Legal Services Society has created a new set of online resources to help people navigate Supreme Court trials and hearings.

These include a new self-help guide on how to schedule and prepare for a Supreme Court trial, plus step-by-step guides to walk users through completing the forms required for Supreme Court trials and Chambers hearings. All these resources walk you through the trial process.

Stage 1: Before you schedule a trial

A new fact sheet – Discovery — Sharing information with the other party – explains what discovery is, why you want to share information, and other ways to get information, like a pre-trial examination of witnesses.

Stage 2: Prepare for your trial

How to schedule and prepare for your Supreme Court trial includes a timeline of significant deadlines and links to videos that set out the court process.

Accompanying this guide are two fact sheets, Making an offer to settle, which explains how to resolve your issue before going to court, and Present your evidence in Supreme Court, which explains the different types of evidence and how to present them.

Videos, produced with the help of People’s Law School, explain topics including: scheduling and preparing for a Supreme Court trial, giving testimonyquestioning a witness, and using documents during a trial.

Stage 3: At your trial and after

The new guide, How to draft a Supreme Court order, walks through how to draft a Supreme Court order if you’re a party in a family law case. To also help with this, LSS created samples of some of the most common court orders.

Other resources include: fact sheets on coping with the court process, tips for conducting your Supreme Court trial, and what happens at a Supreme Court trial. LSS also compiled sample questions that can be asked of witnesses at a Supreme Court trial.

Finally, a new video gives you an overview of Supreme Court, tells you what to bring, shows you the inside of a courtroom, and describes what everyone in the courtroom does.

Drafting affidavits

The final set of resources help you write an affidavit. This includes a self-help guide, samples, and tips.

Those are just some of the new resources LSS has made to help people representing themselves in a family trial in Supreme Court. A full list of links can be found starting at How to represent yourself in a Supreme Court family law trial on the Family Law in BC website.

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.

blog_provincialcourt_logo
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!