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B.C. Reg. 261/93
O.C. 1030/93
Deposited July 30, 1993
effective October 1, 1993
This consolidation is current to October 17, 2017.
Link to Point in Time

Court Rules Act and Small Claims Act

Small Claims Rules

[includes amendments up to B.C. Reg. 120/2017, June 1, 2017]

Introduction

   The purpose of these rules is to make it as easy as possible for people to use the court to resolve their disputes. If necessary, there will be a trial and a judge or a justice of the peace will decide the claim. However, both sides are encouraged to try to come to an agreement. A settlement is always possible, even after a judge or a justice of the peace has made a decision.

[am. B.C. Reg. 360/2007, s. 1.]

Definitions

   In these rules:

"civil resolution tribunal" means the Civil Resolution Tribunal established under the Civil Resolution Tribunal Act;

"claimant" means the person who is making the claim;

"court" means the Provincial Court of British Columbia;

"creditor" means a person to whom, by order of the court, a debtor must pay money;

"debtor" means a person who, by order of the court, must pay money to a creditor;

"defendant" means the person against whom the claim is made;

"tribunal small claim" means

(a) a tribunal small claim, as defined in the Civil Resolution Tribunal Act, and

(b) a claim purported to be a tribunal small claim, as defined in the Civil Resolution Tribunal Act.

[am. B.C. Reg. 120/2017, Sch. 2, s. 1.]

Rule 1 — Making a Claim

Completing a notice of claim

(1)To make a claim, other than a claim to which Rule 1.1 applies, a person must complete a notice of claim (Form 1) following the instructions on the form.

[am. B.C. Reg. 120/2017, Sch. 2, s. 2.]

Filing a notice of claim

(2)A claimant must file a notice of claim and pay the required fee at the Small Claims Registry nearest to where

(a) the defendant lives or carries on business, or

(b) the transaction or event that resulted in the claim took place.

If the defendant is a company

(2.1)If the defendant is a company within the meaning of the Business Corporations Act, the claimant must file with the notice of claim a printout of a search showing the most recent address of the registered office of the company on file with the Registrar of Companies.

[en. B.C. Reg. 148/97, s. 1; am. B.C. Reg. 428/2004, s. 1.]

If the defendant is a society

(2.2)If the defendant is a society within the meaning of the Societies Act, the claimant must file with the notice of claim a printout of a search showing the delivery address and mailing address of the society's registered office on file with the Registrar of Companies.

[en. B.C. Reg. 212/2015, Sch. 3, s. 1.]

If a claimant wants to claim against more than one defendant

(3)A claimant may name more than one defendant in a notice of claim, but only if the claim against each defendant is related to or connected with the original subject matter of the claim.

If the claim is for more than $35 000

(4)A claimant who has a claim amounting to more than $35 000, not including interest and expenses, may abandon part of the claim so that the balance of the claim may be heard in the court.

[am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 3.]

Litigation guardian needs Public Guardian and Trustee's consent

(4.1)A person (litigation guardian) who makes a claim for personal injury on behalf of someone who is under 19 years of age or under another legal disability may abandon part of the claim under subrule (4), but only with the consent of the Public Guardian and Trustee.

[en. B.C. Reg. 148/97, s. 1; am. B.C. Reg. 172/2003, s. 1.]

Abandoning part of a claim

(5)To abandon part of a claim, a claimant must say on the notice of claim that the amount over $35 000 is abandoned.

[am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 3.]

The effect of abandoning part of a claim

(6)Subject to subrule (7), a claimant who abandons part of a claim may not at any time sue for that part, unless the whole of the claim is withdrawn under Rule 4 (9) and then pursued in the Supreme Court.

[am. B.C. Reg. 148/97, s. 1.]

Effect of transfer on abandonment

(7)If a claim is transferred to the Supreme Court under Rule 7.1, the claimant may sue for the whole amount to which the claimant may be entitled whether or not part of the claim was abandoned in the Provincial Court.

[en. B.C. Reg. 148/97, s. 1.]

Rule 1.1 — Process for Making a Claim if Proceedings Previously Initiated before Civil Resolution Tribunal

Definitions

(1)In this rule:

"filing party" means the person who completes and files a notice of civil resolution tribunal claim (Form 34);

"initiating notice" has the same meaning as in the Civil Resolution Tribunal Act;

"initiating party" has the same meaning as in the Civil Resolution Tribunal Act;

"response" means a response made under section 7 of the Civil Resolution Tribunal Act.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Application of this Rule

Claim to which this rule applies

(2)This rule applies to a claim if one or more of the following apply:

(a) the civil resolution tribunal has made a final decision in relation to the claim, and a party has filed a notice of objection under section 56.1 of the Civil Resolution Tribunal Act;

(b) after the civil resolution tribunal has given the initiating party an initiating notice in relation to the claim, the civil resolution tribunal has refused to resolve the claim;

(c) the court orders that the civil resolution tribunal not adjudicate the claim.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Making a Claim

Completing a notice of civil resolution tribunal claim

(3)To make a claim in respect of which this rule applies, a person must complete a notice of civil resolution tribunal claim (Form 34) following the instructions on the form.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Identification of parties for notice of civil resolution tribunal claim

(4)For the purposes of the notice of civil resolution tribunal claim,

(a) a claimant is the initiating party who made the initial request to the civil resolution tribunal and who was first given an initiating notice in relation to a claim in the proceeding before the civil resolution tribunal,

(b) a defendant is, in relation to the initiating notice referred to in paragraph (a), a person who was required to make a response, and

(c) a third party is a person, other than a claimant or defendant, who was required to make a response in the proceeding before the civil resolution tribunal referred to in paragraph (a).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Filing a notice of civil resolution tribunal claim

(5)A person must file a notice of civil resolution tribunal claim at the Small Claims Registry nearest to where

(a) the defendant lives or carries on business, or

(b) the transaction or event that resulted in the claim took place.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

If the defendant or third party is a company

(6)If the defendant or third party is a company within the meaning of the Business Corporations Act, the filing party must file with the notice of civil resolution tribunal claim a printout of a search showing the most recent address of the registered office of the company on file with the Registrar of Companies.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

If the defendant or third party is a society

(7)If the defendant or third party is a society within the meaning of the Societies Act, the filing party must file with the notice of civil resolution tribunal claim a printout of a search showing the delivery address and mailing address of the society's registered office on file with the Registrar of Companies.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Documents to be filed with the notice of civil resolution tribunal claim

(8)The filing party must file the following with the notice of civil resolution tribunal claim:

(a) the following documents in respect of all tribunal small claims that were to be resolved in a single proceeding before the civil resolution tribunal:

(i) all initiating notices received by the filing party;

(ii) all responses received or made by the filing party;

(b) one of the following documents in respect of a tribunal small claim referred to in paragraph (a):

(i) a certificate provided by the civil resolution tribunal to the filing party under section 56.2 of the Civil Resolution Tribunal Act;

(ii) a notice provided by the civil resolution tribunal to the filing party to notify the filing party that the civil resolution tribunal refuses to resolve the tribunal small claim;

(iii) a copy of the order, made under section 12.1 of the Civil Resolution Tribunal Act, that the civil resolution tribunal not adjudicate the tribunal small claim.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Claim continued

(9)A claim made by a claimant against a defendant and set out in an initiating notice filed under subrule (8) with a notice of civil resolution tribunal claim is continued as a claim made under these rules against the defendant.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Serving a Notice of Civil Resolution Tribunal Claim

What must be served on the other parties?

(10)The filing party must serve each of the other parties named in the notice of civil resolution tribunal claim with the following:

(a) the other party's copy of the notice of civil resolution tribunal claim;

(b) a copy of the documents filed under subrule (8) with the notice of civil resolution tribunal claim;

(c) a blank reply form (Form 2) for each claim made against the other party for which the other party does not have a response continued as a reply under this rule.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How to serve an individual

(11)If any of the other parties referred to in subrule (10) is an individual, the documents referred to in subrule (10) (a) to (c) must be served on the individual by

(a) leaving a copy of those documents with the individual, or

(b) mailing a copy of those documents by registered mail to the individual.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How to serve a company

(12)If any of the other parties referred to in subrule (10) is a company within the meaning of the Business Corporations Act, the documents referred to in subrule (10) (a) to (c) must be served,

(a) if the company has a registered office,

(i) by delivering a copy of those documents to the delivery address shown for that registered office in the office of the Registrar of Companies, or

(ii) by mailing a copy of those documents by registered mail to the mailing address shown for that registered office in the office of the Registrar of Companies,

(b) if the company's registered office has been eliminated, in the manner ordered by the court, or

(c) in either case, by leaving a copy of those documents

(i) at the place of business of the company, with a receptionist or a person who appears to manage or control the company's business there, or

(ii) with a director, officer, liquidator, trustee in bankruptcy or receiver manager of the company.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How to serve an extraprovincial company

(13)If any of the other parties referred to in subrule (10) is an extraprovincial company within the meaning of the Business Corporations Act, the documents referred to in subrule (10) (a) to (c) must be served

(a) by delivering a copy of those documents to the delivery address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,

(b) by mailing a copy of those documents by registered mail to the mailing address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,

(c) by mailing a copy of those documents by registered mail to the mailing address shown in the office of the Registrar of Companies for any attorney appointed for the extraprovincial company under Division 2 of Part 11 of the Business Corporations Act,

(d) by leaving a copy of those documents with the attorney, or

(e) if no attorney has been appointed, by following subrule (12) (c).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How to serve a partnership

(14)If any of the other parties referred to in subrule (10) is a partnership, the documents referred to in subrule (10) (a) to (c) must be served by mailing a copy of those documents by registered mail to a partner, or by leaving a copy of those documents

(a) with a partner,

(b) at a place of business of the partnership, with a person who appears to manage or control the partnership business there, or

(c) with a receptionist who works at a place of business of the partnership.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Other service rules – see Rule 18

(15)Subject to subrule (16), the provisions in Rule 18 apply if

(a) any other party referred to in subrule (10) of this rule is a municipality, a person under 19, a society, an extraprovincial non-share corporation within the meaning of the Societies Act, or an unincorporated association including a trade union,

(b) the filing party needs to serve the notice of civil resolution tribunal claim on a person outside British Columbia, or

(c) the filing party is having difficulty serving any other party.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Application of Rule 18 in relation to third parties

(16)For the purposes of applying Rule 18 to a claim to which this rule applies,

(a) a reference in Rule 18 to a "notice of claim" must be read as a reference to a "notice of civil resolution tribunal claim",

(b) a reference in Rule 18 (7) and (8) to a "claimant" must be read as a reference to a "filing party", and

(c) a notice of civil resolution tribunal claim may be served on a claimant or third party in the same way as required for service of a notice of civil resolution tribunal claim on a defendant.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Time limit for service

(17)If a notice of civil resolution tribunal claim has not been served within 28 days after it was filed it expires, but the filing party may apply to have it renewed (see Rule 16 (3)).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Replying to a Claim Continued under this Rule

Previous response continued as a reply

(18)A response made by a defendant is continued as a reply to a claim if

(a) the defendant made a response in respect of the claim when the claim was proceeding before the civil resolution tribunal as a tribunal small claim,

(b) the response is filed under subrule (8) with a notice of civil resolution tribunal claim, and

(c) the claim is continued under subrule (9).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Rule 3 does not apply

(19)Rule 3 does not apply in relation to a response continued as a reply under subrule (18) of this rule.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

What are a defendant's options?

(20)A defendant who receives a notice of civil resolution tribunal claim and who does not have a response continued as a reply under subrule (18) may do any one or more of the following:

(a) pay the amount claimed directly to the claimant and ask the claimant to withdraw the claim (see Rule 8);

(b) admit all or part of the claim;

(c) admit all or part of the claim and propose a payment schedule (see Rule 11 (4));

(d) oppose all or part of the claim by listing reasons why the claim is opposed;

(e) with the permission of a judge, make a counterclaim against the claimant (see subrule (26)).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How does a defendant reply?

(21)To do anything set out in subrule (20) (b) to (e), a defendant must complete a reply (Form 2) following the instructions on the form.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Where does a defendant file a reply?

(22)A defendant must file a reply at the registry where the notice of civil resolution tribunal claim was filed and, except where the defendant has agreed to pay all of the claim, pay the required fee.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Time limit for replying

(23)If a notice of civil resolution tribunal claim is served on a defendant, the reply must be filed

(a) within 14 days after service if the defendant was served in British Columbia or within 30 days after service if the defendant was served outside British Columbia, and

(b) before the registrar has made a default order or set a date for a hearing.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How a reply is served

(24)Within 21 days after a reply is filed under subrule (22), the registrar must serve a copy on each of the other parties.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How an admission is accepted

(25)If a defendant admits in a reply all or part of the claim, the claimant may accept the admission in full settlement of the claim, interest and expenses by filing, before the settlement conference or trial conference, a payment order in the same terms as the admission.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Making a Claim Against a Claimant

Restrictions on making a counterclaim if proceeding started by notice of civil resolution tribunal claim

(26)Rule 4 does not apply to a defendant if the proceeding was started by a notice of civil resolution tribunal claim, unless the defendant has the permission of a judge to make a counterclaim (see Rule 16 (7)).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Claim made before civil resolution tribunal continued as a counterclaim

(27)A claim made by a defendant against a claimant and set out in an initiating notice filed under subrule (8) with a notice of civil resolution tribunal claim is continued as a counterclaim made under these rules against the claimant.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Rule 4 does not apply

(28)Rule 4 does not apply in relation to a claim continued as a counterclaim under subrule (27) of this rule.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Previous response continued as a reply

(29)A response made by a claimant is continued as a reply to a counterclaim if

(a) the claimant made a response in respect of a claim when the claim was proceeding before the civil resolution tribunal as a tribunal small claim,

(b) the response is filed under subrule (8) with the notice of civil resolution tribunal claim, and

(c) the claim is continued as a counterclaim under subrule (27).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Rule 3 does not apply

(30)Rule 3 does not apply in relation to a response continued as a reply under subrule (29) of this rule.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

What are the claimant's options?

(31)If a counterclaim against a claimant is continued under subrule (27) and the claimant did not have a response continued as a reply under subrule (29), the claimant may do one or more of the following:

(a) pay the amount of the counterclaim directly to the defendant and ask the defendant to withdraw the counterclaim;

(b) admit all or part of the counterclaim;

(c) admit all or part of the counterclaim and propose a payment schedule (see Rule 11 (4));

(d) oppose all or part of the counterclaim by listing reasons why the counterclaim is opposed.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How a claimant replies

(32)To do anything set out in subrule (31) (b) to (d), a claimant must

(a) complete a reply (Form 2) following the instructions on the form,

(b) file the reply,

(i) if the claimant is the filing party, with the notice of civil resolution tribunal claim, or

(ii) if the claimant is not the filing party and the notice of civil resolution tribunal claim is served on the claimant,

(A) within 14 days after service if the claimant was served in British Columbia or within 30 days after service if the claimant was served outside British Columbia, and

(B) before the registrar has made a default order or set a date for a hearing, and

(c) pay the required fee unless the claimant has agreed to pay all of the counterclaim.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How a reply is served

(33)Within 21 days after a reply is filed under subrule (32), the registrar must serve a copy on each of the other parties.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How an admission is accepted

(34)If a claimant admits in a reply all or part of a counterclaim, the defendant may accept the admission in full settlement of the counterclaim, interest and expenses by filing, before the settlement conference or trial conference, a payment order in the same terms as the admission.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Third Parties

Restrictions on making a third party claim if proceeding started by notice of civil resolution tribunal claim

(35)Rule 5 does not apply to a defendant if the proceeding was started by a notice of civil resolution tribunal claim, unless the defendant has the permission of a judge to make a claim against another person (see Rule 16 (7)).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Claim made to civil resolution tribunal continued as a claim against third party

(36)If a defendant thought that a person who was not otherwise a party to the dispute before the civil resolution tribunal was responsible for the claim, the claim made by the defendant against the other person and set out in the initiating notice filed under subrule (8) with the notice of civil resolution tribunal claim is continued as a claim made under these rules against the other person as a third party.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Subrules do not apply

(37)Rule 5 (1) to (7) and (9) does not apply in relation to a claim continued under subrule (36) of this rule.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Previous response continued as a reply

(38)A response made by a third party is continued as a reply to a claim made against the third party if

(a) the third party made a response in respect of the claim when the claim was proceeding before the civil resolution tribunal as a tribunal small claim,

(b) the response is filed under subrule (8) with a notice of civil resolution tribunal claim, and

(c) the claim is continued under subrule (36).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How a third party replies

(39)If a third party receives a notice of civil resolution tribunal claim, does not have a response continued as a reply under subrule (38) and wishes to reply to the claim, the third party must follow subrules (20) to (23) to reply to the claim.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Deposits for Claims Previously Adjudicated by Civil Resolution Tribunal

Application for deposit by filing party

(40)If a filing party wishes to apply for an order that a person make a deposit under section 56.3 of the Civil Resolution Tribunal Act, the filing party must file the application with the notice of civil resolution tribunal claim and serve a copy of the application with the notice of civil resolution tribunal claim, unless the filing party has the permission of a judge to make the application on a later date (see Rule 16 (7)).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Application for deposit by party other than filing party

(41)If a party, other than the filing party, wishes to apply for an order that a person make a deposit under section 56.3 of the Civil Resolution Tribunal Act, the party must file the application within 14 days after service of the notice of civil resolution tribunal claim if that party was served in British Columbia or within 30 days after service of the notice of civil resolution tribunal claim if that party was served outside British Columbia, unless that party has the permission of a judge to make the application on a later date.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Material to be Filed before Settlement or Trial Conference

Filing party must file a certificate of compliance

(42)A filing party must file at the registry a certificate of compliance (Form 37) within 6 months after the filing party served the notice of civil resolution tribunal claim on all other parties if there is at least one reply filed or continued in respect of the claim.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

What certificate of compliance must contain

(43)A certificate of compliance must contain one of the following statements:

(a) a statement that no party filed an application for deposit under subrule (40) or (41) within the period provided by the applicable subrule;

(b) a statement that an application for a deposit under section 56.3 of the Civil Resolution Tribunal Act was dismissed;

(c) a statement that an application for a deposit under section 56.3 of the Civil Resolution Tribunal Act was granted and either

(i) the deposit has been made, or

(ii) if the court has ordered that the deposit be paid in instalments, all due instalments have been paid.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Attachments to be filed in personal injury cases

(44)In a claim by a filing party for damages for personal injuries, the certificate of compliance to be filed under subrule (42) must have attached copies of all

(a) medical reports, and

(b) records of expenses or losses incurred or expected.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

If filing party is not ready to file certificate of compliance

(45)A filing party who is not ready to file the certificate of compliance and attachments within the 6 month period may apply to the registrar (see Rule 16 (3)) to extend the time, before or after the 6 month period has expired.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Certificate of compliance must be served on other parties

(46)Within 14 days after filing a certificate of compliance, the filing party must serve a copy of the certificate and attachments on each of the other parties.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Registrar must schedule settlement conference or trial conference

(47)The registrar must schedule a claim for a settlement conference or a trial conference (see Rule 7 (2) (c)) after a certificate of compliance is filed under subrule (42).

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Certificate to be filed in personal injury cases

(48)In a claim by a party, other than the filing party, for damages for personal injuries, the party must file at the registry, within 6 months after the filing party served the notice of civil resolution tribunal claim on that party, a certificate of readiness (Form 7) that has attached copies of all

(a) medical reports, and

(b) records of expenses or losses incurred or expected.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

If a party is not ready to file certificate of readiness

(49)A party, other than the filing party, who is not ready to file a certificate of readiness and attachments within the 6 month period may apply to the registrar (see Rule 16 (3)) to extend the time, before or after the 6 month period has expired.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Certificate of readiness must be served on other parties

(50)Within 14 days after filing a certificate of readiness, the party must serve a copy of the certificate and attachments on each of the other parties.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Rule 2 — Serving a Notice of Claim

Who must be served?

(1)The claimant must serve each defendant named in the notice of claim with

(a) the defendant's copy of the notice, and

(b) a blank reply form (Form 2).

How to serve an individual

(2)If the defendant is an individual, the notice of claim must be served by

(a) leaving a copy of it with the defendant, or

(b) mailing a copy of it by registered mail to the defendant.

[am. B.C. Reg. 188/99, s. 1.]

How to serve a company

(3)If the defendant is a company within the meaning of the Business Corporations Act, the notice of claim must be served,

(a) if the company has a registered office,

(i) by delivering a copy of the notice of claim to the delivery address shown for that registered office in the office of the Registrar of Companies, or

(ii) by mailing a copy of the notice of claim by registered mail to the mailing address shown for that registered office in the office of the Registrar of Companies,

(b) if the company's registered office has been eliminated, in the manner ordered by the court, or

(c) in either case, by leaving a copy of the notice of claim

(i) at the place of business of the company, with a receptionist or a person who appears to manage or control the company's business there, or

(ii) with a director, officer, liquidator, trustee in bankruptcy or receiver manager of the company.

[en. B.C. Reg. 428/2004, s. 2.]

How to serve an extraprovincial company

(4)If the defendant is an extraprovincial company within the meaning of the Business Corporations Act, the notice of claim must be served

(a) by delivering a copy of it to the delivery address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,

(b) by mailing a copy of it by registered mail to the mailing address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,

(c) by mailing a copy of it by registered mail to the mailing address shown in the office of the Registrar of Companies for any attorney appointed for the extraprovincial company under Division 2 of Part 11 of the Business Corporations Act,

(d) by leaving a copy of it with the attorney, or

(e) if no attorney has been appointed, by following subrule (3) (c).

[en. B.C. Reg. 428/2004, s. 2.]

How to serve a partnership

(5)If the defendant is a partnership, the notice of claim must be served by mailing a copy of it by registered mail to a partner, or by leaving a copy of it

(a) with a partner,

(b) at a place of business of the partnership, with a person who appears to manage or control the partnership business there, or

(c) with a receptionist who works at a place of business of the partnership.

[am. B.C. Reg. 188/99, s. 1.]

Other service rules — see Rule 18

(6)The provisions in Rule 18 apply if

(a) the defendant is a municipality, a person under 19, a society, an extraprovincial non-share corporation within the meaning of the Societies Act or an unincorporated association including a trade union,

(b) the claimant needs to serve the notice of claim on a person outside British Columbia, or

(c) the claimant is having difficulty serving the defendant.

[am. B.C. Regs. 188/99, s. 1; 212/2015, Sch. 3, s. 2.]

Time limit for service

(7)If a notice of claim has not been served within 12 months after it was filed it expires, but the claimant may apply to have it renewed (see Rule 16 (3)).

Rule 3 — Replying to a Claim Made by a Notice of Claim

What are a defendant's options?

(1)A defendant who receives a notice of claim may do any one or more of the following:

(a) pay the amount claimed directly to the claimant and ask the claimant to withdraw the claim (see Rule 8);

(b) admit all or part of the claim;

(c) admit all or part of the claim and propose a payment schedule (see Rule 11 (4));

(d) oppose all or part of the claim by listing reasons why the claim is opposed;

(e) make a counterclaim against the claimant (see Rule 4).

[am. B.C. Reg. 148/97, s. 2.]

How does a defendant reply?

(2)To do anything set out in subrule (1) (b) to (e), a defendant must complete a reply (Form 2) following the instructions on the form.

Where does a defendant file a reply?

(3)A defendant must file a reply at the registry where the notice of claim was filed and, except where the defendant has agreed to pay all of the claim, pay the required fee.

Time limit for replying

(4)If a notice of claim is served on a defendant, the reply must be filed

(a) within 14 days after service if the defendant was served in British Columbia or within 30 days after service if the defendant was served outside British Columbia, and

(b) before the registrar has made a default order or set a date for a hearing.

How a reply is served

(5)Within 21 days after a reply is filed, the registrar must serve a copy on each of the other parties.

How an admission is accepted

(6)If a defendant admits in a reply all or part of the claim, the claimant may accept the admission in full settlement of the claim, interest and expenses by filing, before the settlement conference, mediation session or trial conference, a payment order in the same terms as the admission.

[en. B.C. Reg. 148/97, s. 2; am. B.C. Reg. 360/2007, s. 2.]

Rule 4 — Making a Claim Against a Claimant

Making a counterclaim

(1)Subject to Rule 1.1 (26), a defendant may make a counterclaim against the claimant in the reply (Form 2) by

(a) following the instructions on the form, and

(b) paying the required fee.

[en. B.C. Reg. 148/97, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 6.]

When a counterclaim is served

(2)A counterclaim is served on a claimant when a copy of the reply containing the counterclaim is served under Rule 3 (5).

What are the claimant's options?

(3)A claimant who is served with a reply containing a counterclaim may do one or more of the following:

(a) pay the amount of the counterclaim directly to the defendant and ask the defendant to withdraw the counterclaim;

(b) admit all or part of the counterclaim;

(c) admit all or part of the counterclaim and propose a payment schedule (see Rule 11 (4));

(d) oppose all or part of the counterclaim by listing reasons why the counterclaim is opposed.

[en. B.C. Reg. 148/97, s. 4.]

How a claimant replies

(3.1)To do anything set out in subrule (3) (b) to (d), a claimant must

(a) complete a reply (Form 2) following the instructions on the form,

(b) within 14 days after being served with the counterclaim, file the reply in the registry where the notice of claim or notice of civil resolution tribunal claim was filed, and

(c) pay the required fee unless the claimant has agreed to pay all of the counterclaim.

[en. B.C. Reg. 148/97, s. 4; am. B.C. Reg. 120/2017, Sch. 2, s. 7.]

How an admission is accepted

(3.2)If a claimant admits in a reply all or part of a counterclaim, the defendant may accept the admission in full settlement of the counterclaim, interest and expenses by filing, before the settlement conference, mediation session or trial conference, a payment order in the same terms as the admission.

[en. B.C. Reg. 148/97, s. 4; am. B.C. Reg. 360/2007, s. 2.]

If a counterclaim is for more than $35 000

(4)A defendant who has a counterclaim amounting to more than $35 000, not including interest and expenses, may

(a) abandon part of the counterclaim so it may be heard in the court, or

(b) begin an action in the Supreme Court.

[am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 8.]

How to abandon part of a counterclaim

(5)To abandon part of a counterclaim, the defendant must say on the counterclaim part of the reply that the amount over $35 000 is abandoned.

[am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 8.]

The effect of abandoning part of a counterclaim

(6)A defendant who abandons part of a counterclaim may not at any time sue for that part.

If a defendant begins a Supreme Court action

(7)A defendant who begins an action in the Supreme Court against a claimant may apply to a Provincial Court judge for an order changing the date of the small claims trial (see Rule 16 (7)).

If the small claims trial is held first

(8)If the small claims trial is held and a payment order or other order is made against the defendant, the judge may order the claimant not to take any action to enforce the order

(a) until a date set by the judge, or

(b) until a decision is given by the Supreme Court on the defendant's action,

whichever comes first.

If a claimant has already abandoned part of a claim

(9)If a defendant begins an action in the Supreme Court against a claimant who has abandoned part of a claim under Rule 1 (5), the claimant may withdraw the claim from the Provincial Court and

(a) begin an action in the Supreme Court and claim the higher amount, or

(b) participate in the action begun by the defendant in the Supreme Court and claim the higher amount.

Rule 5 — Third Parties

If a defendant thinks someone else should pay the claim

(1)Subject to Rule 1.1 (35), if a defendant who has filed a reply thinks another person should pay all or part of the claim, the defendant may make a claim against the other person by

(a) completing a third party notice (Form 3), following the instructions on the form if a settlement conference has not been held, or

(b) applying to a judge for an order permitting a claim to be made against the other person if a settlement conference, mediation session or trial conference has been held (see Rule 16 (7)).

[am. B.C. Regs. 360/2007, s. 3 (a); 120/2017, Sch. 2, s. 9.]

Filing a third party notice

(2)The defendant must file a third party notice at the registry where the notice of claim or the notice of civil resolution tribunal claim was filed and pay the required fee.

[am. B.C. Regs. 146/98, s. 1; 120/2017, Sch. 2, s. 10.]

If the third party is a company

(2.1)If the third party is a company within the meaning of the Business Corporations Act, the defendant must file with the third party notice a printout of a search showing the mailing address that is shown for the company's registered office in the office of the Registrar of Companies.

[en. B.C. Reg. 428/2004, s. 3.]

If the third party is a society

(2.2)If the third party is a society within the meaning of the Societies Act, the defendant must file with the third party notice a printout of a search showing the delivery address and mailing address of the society's registered office on file with the Registrar of Companies.

[en. B.C. Reg. 212/2015, Sch. 3, s. 3.]

What documents must be served on the third party?

(3)The defendant must serve the person named as the third party with the following:

(a) a copy of the third party notice;

(b) a blank reply form;

(c) a copy of the notice of claim or the notice of civil resolution tribunal claim;

(d) a copy of the reply to the notice of claim or the notice of civil resolution tribunal claim;

(e) a copy of the notice of settlement conference, mediation session, trial conference or trial, if one has been issued;

(f) a copy of the documents referred to in Rule 1.1 (8) (a) and (b), if a copy of the notice of civil resolution tribunal claim must be served on the person named as the third party.

[am. B.C. Regs. 148/97, s. 5; 360/2007, s. 3 (b); 120/2017, Sch. 2, s. 11.]

How to serve the third party

(4)The defendant must serve the documents referred to in subrule (3) on the third party in the same way as required for service of a notice of claim (see Rule 2).

Filing a certificate of service

(5)Within 30 days after filing a third party notice, the defendant must file a certificate of service (Form 4) at the registry to prove that the documents have been served as required, unless the third party has filed a reply.

[am. B.C. Reg. 148/97, s. 5.]

If a certificate of service is not filed within 30 days

(5.1)If a certificate of service is not filed in accordance with subrule (5), the third party notice expires but the defendant may apply to have it renewed (see Rule 16 (3)).

[en. B.C. Reg. 148/97, s. 5.]

Notifying the other parties

(6)The registrar must serve a copy of the third party notice on each of the other parties within 21 days after it is filed.

How a third party replies

(7)To reply to a third party notice, the person named as a third party must follow the rules for replying to a claim (see Rule 3).

What a judge may do

(8)If a third party has been named, a judge may make an order between any of the parties.

Another settlement conference must be held

(9)If a third party files a reply after a settlement conference or trial conference another settlement conference or trial conference must be held, unless a judge orders otherwise.

[am. B.C. Reg. 360/2007, s. 3 (c).]

Contents | Rules 1 to 5 | Rules 6 to 10.1 | Rules 11 to 15 | Rules 16 to 22 | Schedule A | Schedule B | Schedules C, D and E