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"Point in Time" Regulation Content

Court Rules Act; Small Claims Act

Small Claims Rules

B.C. Reg. 261/93

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section Definitions June 1, 2017
Rule 1 November 28, 2016
June 1, 2017
Rule 1.1 June 1, 2017
January 1, 2019
Rule 2 November 28, 2016
Rule 3 June 1, 2017
Rule 4 June 1, 2017
Rule 5 November 28, 2016
June 1, 2017
Rule 6 June 1, 2017
Rule 7 January 1, 2016
May 1, 2016
June 1, 2017
Rule 7.1 June 1, 2017
Rule 7.2 September 24, 2010
January 30, 2013
July 30, 2015
July 30, 2015
July 30, 2015
July 30, 2015
October 31, 2015
May 18, 2018
January 1, 2019
Rule 7.21 January 1, 2019
Rule 7.3 March 18, 2013
September 24, 2010
June 1, 2017
January 1, 2019
Rule 7.4 September 24, 2010
January 30, 2013
March 18, 2013
October 6, 2014
December 31, 2015
May 1, 2016
January 1, 2019
Rule 7.5 January 1, 2016
June 1, 2017
January 1, 2019
Rule 8 October 31, 2015
June 1, 2017
January 1, 2019
Rule 9.1 June 1, 2017
Rule 9.2 January 1, 2016
June 1, 2017
Rule 10.1 June 1, 2017
January 1, 2019
Rule 10.2 June 1, 2017
Rule 16 October 31, 2015
May 1, 2016
June 1, 2017
January 1, 2019
Rule 16.1 June 1, 2017
January 1, 2019
Rule 17 July 1, 2010
June 1, 2017
January 1, 2019
Rule 17.1 January 1, 2019
Rule 18 July 1, 2010
November 28, 2016
June 1, 2017
Rule 22 July 1, 2010
Schedule A June 1, 2017
Schedule B July 1, 2012
January 29, 2016
October 6, 2014
June 1, 2017
January 1, 2019
Schedule C January 1, 2019
Schedule D January 1, 2019
Schedule E March 18, 2013
January 1, 2019

 Definitions of "civil resolution tribunal" and "tribunal small claim" were added by BC Reg 120/2017, effective June 1, 2017.

 Rule 1 (2.2) BEFORE amended by BC Reg 212/2015, effective November 28, 2016.

If the defendant is a society

(2.2)If the defendant is a society incorporated under the Society Act, the claimant must file with the notice of claim a printout of a search showing the most recent address of the society on file with the Registrar of Companies.

 Rule 1 (1) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

Completing a notice of claim

(1)To make a claim, a person must complete a notice of claim (Form 1) following the instructions on the form.

 Rule 1 (4) and (5) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

If the claim is for more than $25 000

(4)A claimant who has a claim amounting to more than $25 000, 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. Reg. 179/2005, s. (b).]

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 $25 000 is abandoned.

[am. B.C. Reg. 179/2005, s. (b).]

 Rule 1.1 was enacted by BC Reg 120/2017, effective June 1, 2017.

 Rule 1.1, subrule (8) (b) (iii) BEFORE amended by BC Reg 267/2018, effective January 1, 2019.

(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.

 Rule 1.1, subrules (41.10) to (41.12), (41.20) to (41.22) and (41.30) to (41.33) were added by BC Reg 267/2018, effective January 1, 2019.

 Rule 2 (6) (a) BEFORE amended by BC Reg 212/2015, effective November 28, 2016.

(a) the defendant is a municipality, a person under 19, a society, an extraprovincial society, or an unincorporated association including a trade union,

 Rule 3 Title BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

Rule 3 — Replying to a Claim

 Rule 4 (1) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(1)A defendant may make a counterclaim against the claimant in the reply (Form 2) by

 Rule 4 (3.1) (b) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

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

 Rule 4 (4) and (5) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

If a counterclaim is for more than $25 000

(4)A defendant who has a counterclaim amounting to more than $25 000, not including interest and expenses, may

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 $25 000 is abandoned.

 Rule 5 (2.2) BEFORE amended by BC Reg 212/2015, effective November 28, 2016.

If the third party is a society

(2.2)If the third party is a society incorporated under the Society Act, the defendant must file with the third party notice a printout of a search showing the most recent address of the society on file with the Registrar of Companies.

 Rule 5 (1) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(1)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

 Rule 5 (2) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

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

 Rule 5 (3) (c) and (d) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(c) a copy of the notice of claim;

(d) a copy of the reply to the notice of claim;

 Rule 5 (3)(f) was added by BC Reg 120/2017, effective June 1, 2017.

 Rule 6 (1) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(1)If a defendant does not file a reply within the time limit (see Rule 3 (4)), the claimant may ask the registrar for a default order.

 Rule 6 (3) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(3)To ask for a default order under subrule (1), a claimant must complete Form 5, following the instructions on the form, file it at the registry where the notice of claim was filed, together with a copy of the certificate of service (Form 4) for the notice of claim, and pay the required fee.

 Rule 7 (2) (a) BEFORE amended by BC Reg 244/2015, effective January 1, 2016.

(a) Rule 7.4, 7.5, 9.1, or 9.2 applies to the claim, or

 Rule 7 (14) (c.1) was added by BC Reg 244/2015, effective January 1, 2016.

 Rule 7 (2) (a) BEFORE amended by BC Reg 244/2015, effective May 1, 2016.

(a) Rule 7.4, 7.5, 9.1, or 9.2 applies to the claim, unless an order is made under Rule 9.2 (13) (c) that the claim be set for a settlement conference under this rule, or

 Rule 7 (2) (a.1) was added by BC Reg 244/2015, effective May 1, 2016.

 Rule 7 (2) (a.1) and (b) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(a.1) on or before April 30, 2016, Rule 7.5 applied to the claim, or

(b) the claim relates to a motor vehicle accident and only liability for property damage is disputed.

 Rule 7 (2) (c) was added by BC Reg 120/2017, effective June 1, 2017.

 Rule 7 (2.2) was enacted by BC Reg 120/2017, effective June 1, 2017.

 Rule 7 (9) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(9)In a claim for damages for personal injuries, the claimant must file at the registry, within 6 months after serving the notice of claim and before a settlement conference is held, a certificate of readiness (Form 7) that has attached copies of all

 Rule 7 (14) (c.1) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(c.1) order that the claim be set for a trial conference under Rule 7.5 if, after December 31, 2015,

(i) the notice of claim that started the proceeding was filed at the Robson Square Small Claims Registry (Vancouver), or

(ii) the court file relating to the claim was transferred to the Robson Square Small Claims Registry (Vancouver);

 Rule 7.1 (1), (2) and (4) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

Transfer of claim to Supreme Court

(1)If satisfied that the monetary outcome of a claim (not including interest and expenses) may exceed $25 000, a judge must transfer the claim to the Supreme Court

(a) on application at any time, or

(b) on the judge's own motion at the settlement conference or trial.

[en. B.C. Reg. 148/97, s. 8; am. B.C. Reg. 179/2005, s. (b).]

Exception

(2)Despite subrule (1), a claim must not be transferred to the Supreme Court if the claimant chooses to abandon the amount over $25 000 so that the claim may be heard in the Provincial Court.

[en. B.C. Reg. 148/97, s. 8; am. B.C. Reg. 179/2005, s. (b).]

Multiple claims

(4)If more than one claimant has filed a notice of claim against the same defendant or defendants with respect to the same event, or if one claimant has filed notices of claim against more than one defendant with respect to the same event, the judge may

(a) hear at one time evidence that relates to all the claims,

(b) apply that evidence to all the claims, and

(c) make a decision in each of the claims,

even though the total monetary outcome of all the claims (not including interest and expenses) is likely to exceed $25 000.

[en. B.C. Reg. 148/97, s. 8; am. B.C. Reg. 179/2005, s. (b).]

 Rule 7.2 (5) BEFORE amended by BC Reg 271/2010, effective September 24, 2010.

Appointment of mediator

(5)  The mediation coordinator must, for each disputed claim to which this rule applies, appoint a mediator from a roster of approved mediators maintained by the Ministry of Attorney General.

[en. B.C. Reg. 172/2003, s. 2.]

 Rule 7.2 (1) definition of "mediation coordinator" BEFORE amended by BC Reg 27/2013, effective January 30, 2013.

"mediation coordinator" means, in respect of a disputed claim,

(a) the registrar of the mediation registry in which the disputed claim was filed, or

(b) any other person designated by the Justice Services Branch of the Ministry of Attorney General as the mediation coordinator;

 Rule 7.2 (2) and (4) BEFORE amended by BC Reg 135/2015, effective July 30, 2015.

Cases to which this rule applies

(2)Subject to subrule (3), this rule applies to a disputed claim filed in a mediation registry if

(a) the disputed claim falls within a class of cases described in Schedule D,

(b) the disputed claim is, with the consent of the parties, referred to mediation by a judge at a settlement conference, or

(c) a party completes a Notice to Mediate for Claims Up To $10 000 (Form 21) and files the notice in the mediation registry before a notice of settlement conference relating to the disputed claim is sent for service under Rule 7 (3).

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Regs. 250/2005, s. 1; 248/2006, s. 1 (a).]

When this rule ceases to apply

(4)This rule ceases to apply to a disputed claim if

(a) the court file relating to the claim is transferred to a registry that is not a mediation registry,

(b) the claim is transferred under Rule 7.1 to the Supreme Court, or

(c) the claim is withdrawn under Rule 8.

[en. B.C. Reg. 172/2003, s. 2.]

 Rule 7.2 (4.1), (4.2) and (13.1) were enacted by BC Reg 135/2015, effective July 30, 2015.

 Rule 7.2 (29) (a) BEFORE repealed by BC Reg 135/2015, effective July 30, 2015.

(a) order that the claim be returned to mediation on any terms the judge considers appropriate;

 Rule 7.2 (30) and (34) BEFORE amended by BC Reg 135/2015, effective July 30, 2015.

If the parties reach agreement on all or some issues

(30)If the parties reach an agreement at mediation on all or some issues,

(a) the mediator must complete a result of mediation form (Form 24) and file the completed form in the mediation registry, and

(b) the parties must complete and sign a mediation agreement (Form 25) and any one of those parties may file the agreement in the mediation registry.

[en. B.C. Reg. 172/2003, s. 2.]

If a dispute is not resolved

(34)If the parties do not reach agreement at mediation on all the issues,

(a) the mediator must complete a result of mediation form and file the completed form in the mediation registry, and

(b) after that, the registrar must set the claim

(i) for settlement conference, if a settlement conference has not been completed, or

(ii) for trial, if a settlement conference has been completed.

[en. B.C. Reg. 172/2003, s. 2.]

 Rule 7.2 (5) to (21) BEFORE repealed by 135/2015, effective October 31, 2015.

Appointment of mediator

(5)The mediation coordinator must, for each disputed claim to which this rule applies, appoint a mediator from a roster, maintained by the Mediate BC Society, of mediators who have been approved by that society to conduct mediations in relation to claims brought under these rules.

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 271/2010, s. 1.]

How the date of a mediation session is set

(6)If this rule applies to a disputed claim,

(a) the mediation coordinator must, in consultation with the mediator appointed under subrule (5), set the date, time and place at which a mediation session is to be conducted, and

(b) unless a judge orders otherwise, the date set for the mediation session must be earlier than the date of any settlement conference relating to the disputed claim.

[en. B.C. Reg. 172/2003, s. 2.]

Date of mediation session

(7)A mediation session must be conducted at the date, time and place set under subrule (6) (a) or at such other date, place and time as may be consented to by the mediation coordinator and all of the parties.

[en. B.C. Reg. 172/2003, s. 2.]

Certificate of readiness

(7.1)Rule 7 (9) to (13) applies to a mediation session in relation to a claim for damages for personal injuries, and, for the purposes of this subrule, a reference in Rule 7 (9) and (13) to a "settlement conference" must be read as a reference to a "mediation session".

[en. B.C. Reg. 248/2006, s. 1 (b).]

Notice of mediation session

(8)At least 21 days before the date set for the mediation session, the mediation coordinator must serve a notice of mediation session (Form 27) on the parties specifying the date, time and place for the mediation session.

[en. B.C. Reg. 172/2003, s. 2.]

How to apply for exemption

(9)At least 14 days before the date set for the mediation session, a party may apply to a judge under Rule 16 (7) to exempt a disputed claim from the application of this rule.

[en. B.C. Reg. 172/2003, s. 2.]

When a judge may grant an exemption

(10)On an application under subrule (9), a judge may

(a) exempt a disputed claim from the application of this rule if

(i) all of the parties have previously engaged in a mediation of the matters in issue, or

(ii) it is unfair or impractical to require mediation, or

(b) exempt one or more of the parties from attending the mediation session if, in the court's opinion, it is unfair or impractical to require the party to attend.

[en. B.C. Reg. 172/2003, s. 2.]

Changing a mediation date

(11)A party may apply to the registrar to adjourn the mediation session and that party must give to the other parties whatever notice of the application the registrar may order.

[en. B.C. Reg. 248/2006, s. 1 (c).]

Application to adjourn at least 7 days before mediation session

(11.1)The registrar may adjourn a mediation session on an application made at least 7 days before the date set for the mediation session if the registrar is satisfied that the original date is unreasonably inconvenient to the party.

[en. B.C. Reg. 248/2006, s. 1 (c).]

Application to adjourn within 7 days before mediation session

(12)The registrar may adjourn a mediation session on an application made within 7 days before the date set for the mediation session if

(a) the registrar is satisfied that the original date is unreasonably inconvenient to the party, and

(b) the application contains an explanation, satisfactory to the registrar, as to why it was not reasonably practicable for the party to bring an application at least 7 days before the date set for the mediation session.

[en. B.C. Reg. 248/2006, s. 1 (c).]

Unreasonably inconvenient

(12.1)For the purposes of subrules (11.1) and (12), the registrar may determine that a date is unreasonably inconvenient to a party if

(a) a family emergency renders the party unable to attend on the day set for the mediation session,

(b) the party has a pre-arranged out-of-town commitment on the day set for the mediation session and that commitment cannot be changed due to travel requirements,

(c) the party is required to attend court on the day set for the mediation session, or

(d) the registrar otherwise determines that the date is unreasonably inconvenient to the party.

[en. B.C. Reg. 248/2006, s. 1 (c).]

Notice of change of date

(13)If the registrar adjourns a mediation session under subrule (11),

(a) the party who applied for the adjournment must give to the other parties whatever notice of the adjournment the registrar may order, and

(b) the mediation coordinator must promptly set a new date for the mediation session and serve a notice of mediation session (Form 27) on the parties specifying the new date, time and place for the mediation session.

[en. B.C. Reg. 172/2003, s. 2.]

Settlement conference or trial if otherwise
an adjournment after July 31, 2015

(13.1)Despite subrules (11) to (13), if the registrar would otherwise grant an application to adjourn a mediation session set for a date after July 31, 2015, rather than granting the adjournment the registrar

(a) must cancel the mediation session, and

(b) must set the claim

(i) for settlement conference, if a settlement conference has not been completed, or

(ii) for trial, if a settlement conference has been completed.

[en. B.C. Reg. 135/2015, Sch. 1, s. 3.]

Application for mediation by telephone

(14)Subject to subrule (15), the registrar may direct that one or more of the parties may attend the mediation session by telephone if an application for that direction is made to the registrar under Rule 16 (3) at least 7 days before the date set for the mediation session and if

(a) the party, or the representative who is entitled under these rules to attend on behalf of the party, does not reside or carry on business within a reasonable distance from the location where the mediation session is to be conducted, or

(b) exceptional circumstances exist.

[en. B.C. Reg. 172/2003, s. 2.]

Late application for mediation by telephone

(15)If an application for a direction under subrule (14) is made to the registrar under Rule 16 (3) within 7 days before the date set for the mediation session, the registrar may make that direction if

(a) the party, or the representative who is to entitled under these rules to attend on behalf of the party, does not reside or carry on business within a reasonable distance from the location where the mediation session is to be conducted and it was not reasonably practicable for that party to bring an application under subrule (14) at least 7 days before the date set for the mediation session, or

(b) exceptional circumstances exist.

[en. B.C. Reg. 172/2003, s. 2.]

If application is granted

(16)If an application under subrule (14) or (15) is granted, the registrar

(a) may order that the parties send to the mediation coordinator, before the mediation session, all documents and reports that are relevant to the dispute, and

(b) may order that the telephone call be made at the expense of the party requesting mediation by telephone.

[en. B.C. Reg. 172/2003, s. 2.]

Attending mediation

(17)Subject to subrule (17.1) and to an order made under subrule (10), all parties served with a notice of mediation session

(a) must attend the mediation session,

(b) must have authority to settle the claim, and

(c) may be accompanied by a lawyer or articled student.

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 248/2006, s. 1 (d).]

Claims brought in the name of an insured person

(17.1)A party does not have to attend a mediation session in person if

(a) the party has assigned all of his or her rights relevant to the claim to an insurer,

(b) liability in the claim is not disputed, and

(c) the insurer's representative attends in place of the party.

[en. B.C. Reg. 248/2006, s. 1 (e).]

What parties must bring

(18)Each party who is required to attend a mediation session under subrule (17) must bring to the mediation session all documents and reports that are relevant to the dispute.

[en. B.C. Reg. 172/2003, s. 2.]

Attendance by representative

(19)Subject to subrule (20), a party may attend a mediation session by representative if the party is not an individual.

[en. B.C. Reg. 172/2003, s. 2.]

Status of representative

(20)A representative who attends a mediation session in the place of a party referred to in subrule (17.1) or (19)

(a) must be familiar with all facts relevant to the dispute,

(b) must have authority to settle the claim on the party's behalf, and

(c) may be accompanied by a lawyer or articled student.

[en. B.C. Reg. 248/2006, s. 1 (f).]

Attendance of others

(21)Any other person may attend a mediation session if that attendance is permitted by the mediator and consented to by the parties.

[en. B.C. Reg. 172/2003, s. 2.]

 Rule 7.2 (1) definition of "mediation coordinator", paragraph (b) BEFORE amended by BC Reg 99/2018, effective May 18, 2018.

(b) any other person designated by the Justice Services Branch of the Ministry of Justice as the mediation coordinator;

 Rule 7.2 BEFORE repealed by BC Reg 267/2018, effective January 1, 2019.

Rule 7.2 — Mediation for Claims up to $10 000

Definitions

(1)In this rule:

"disputed claim" means a claim made by way of a notice of claim, counterclaim or third party notice and in respect of which a reply is filed opposing all or part of the claim;

"mediation coordinator" means, in respect of a disputed claim,

(a) the registrar of the mediation registry in which the disputed claim was filed, or

(b) any other person designated by the Justice Services Branch of the Ministry of Attorney General as the mediation coordinator;

"mediation registry" means a registry listed in Schedule C;

"mediation session" means a meeting between 2 or more parties to a disputed claim for the purpose of reaching, with the assistance of a mediator, agreement on the issues in dispute;

"mediator" means, in respect of a disputed claim, the individual appointed as the mediator of the disputed claim under subrule (5).

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Regs. 27/2013, Sch. 2, s. 11; 99/2018, Sch. 2, s. 15.]

Cases to which this rule applies

(2)Subject to subrule (3), this rule applies to a disputed claim filed in a mediation registry if

(a) the disputed claim falls within a class of cases described in Schedule D and the reply opposing all or part of the claim, including any counterclaim, is filed in the mediation registry on or before July 30, 2015,

(b) the disputed claim is, with the consent of the parties and on or before July 30, 2015, referred to mediation by a judge at a settlement conference, or

(c) a party completes a Notice to Mediate for Claims up to $10 000 (Form 21) and files the notice in the mediation registry on or before July 30, 2015 and before a notice of settlement conference relating to the disputed claim is sent for service under Rule 7 (3).

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Regs. 250/2005, s. 1; 248/2006, s. 1 (a); 135/2015, Sch. 1, s. 1.]

Cases to which this rule does not apply

(3)This rule does not apply to a disputed claim if

(a) the disputed claim falls within the class of cases described in Schedule E, or

(b) the disputed claim amounts to more than $10 000 and is not one to which Rule 8 (13) applies.

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 251/2005, s. 2.]

When this rule ceases to apply

(4)This rule ceases to apply to a disputed claim if

(a) the court file relating to the claim is transferred to a registry that is not a mediation registry,

(b) the claim is transferred under Rule 7.1 to the Supreme Court,

(c) the claim is withdrawn under Rule 8,

(d) the mediation coordinator has not, on or before July 31, 2015, served under subrule (8) a notice of mediation session, regardless of whether a date for the mediation session has been set under subrule (6) (a) or (7) or set by a judge,

(e) the claim is exempted under subrule (4.1) from the application of this rule, or

(f) a mediation session in relation to the claim is cancelled under subrule (13.1).

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 135/2015, Sch. 1, s. 2.]

Mediation coordinator may exempt claim

(4.1)The mediation coordinator may at any time, and without an application, exempt a claim from the application of this rule if, in the mediation coordinator's opinion, it is unfair or impractical to require mediation.

[en. B.C. Reg. 135/2015, Sch. 1, s. 3.]

Settlement conference or trial if this rule does not apply

(4.2)If this rule ceases to apply to a claim under subrule (4.1), the registrar must set the claim

(a) for settlement conference, if a settlement conference has not been completed, or

(b) for trial, if a settlement conference has been completed.

[en. B.C. Reg. 135/2015, Sch. 1, s. 3.]

Repealed

(5)-(21)Repealed. [B.C. Reg. 135/2015, Sch. 2, s. 1.]

If a party does not attend

(22)If a party does not attend a mediation session,

(a) the mediator must

(i) complete a verification of non-attendance (Form 22) in accordance with the instructions on the form, and

(ii) give the completed form to the parties attending, and

(b) any one of the parties attending the mediation session may file the completed verification of non-attendance with the registrar.

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 286/2005, s. 1 (a).]

What the registrar will do if a claimant does not attend

(23)If a verification of non-attendance is filed in relation to a claimant in a disputed claim,

(a) the defendant in the disputed claim may, by filing a request for judgment or for dismissal (Form 23) and paying the required fee, ask the registrar to make an order dismissing the claim of that claimant, and

(b) the registrar may make an order dismissing the claim of that claimant.

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 248/2006, s. 1 (g).]

What the registrar will do if a defendant does not attend

(24)If a verification of non-attendance is filed in relation to a defendant in a disputed claim, other than a claim made by way of counterclaim or third party notice,

(a) the claimant may, by filing a request for judgment or for dismissal and paying the required fee, ask the registrar to proceed under these rules as if

(i) the defendant had not filed a reply, and

(ii) the claimant had completed the steps in Rule 6 (3), and

(b) the registrar must either make a default order under Rule 6 (4) or set a date under Rule 6 (5) for a hearing before a judge.

[en. B.C. Reg. 172/2003, s. 2.]

What happens if the defendant to counterclaim or third party notice does not attend

(25)If a verification of non-attendance is filed in relation to a defendant under a counterclaim or under a third party notice, the party bringing the counterclaim or third party notice may apply under Rule 16 (7) for a default order under Rule 16 (6) (c).

[en. B.C. Reg. 172/2003, s. 2.]

If no party attends

(26)If no party attends a mediation session,

(a) the mediator must complete a verification of non-attendance in accordance with the instructions on the form, and file the completed form in the mediation registry, and

(b) the registrar must make an order dismissing each disputed claim.

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Regs. 286/2005, s. 1 (b); 248/2006, s. 1 (h).]

Cancellation of a dismissal or default order

(27)A party against whom an order is made under subrule (23) (b), (24) (b) or (26) (b) for not attending a mediation session may apply under Rule 16 (7) to a judge to cancel the order, and the judge may cancel the order under Rule 16 (6) (j).

[en. B.C. Reg. 172/2003, s. 2.]

What application must contain

(28)A party seeking an order under subrule (27) must attach to the application an affidavit containing the following:

(a) the reason for not attending the mediation session;

(b) the reason for any delay, if there has been delay in filing the application;

(c) the facts that support the claim or defence.

[en. B.C. Reg. 172/2003, s. 2.]

If a judge cancels a dismissal or default order

(29)A judge who cancels a dismissal order or default order made under this rule may also do one or more of the following:

(a) Repealed. [B.C. Reg. 135/2015, Sch. 1, s. 4.]

(b) order the payment of any expenses incurred by the party or parties who did attend;

(c) order that the claim proceed to a settlement conference or trial;

(d) make any other order that the judge considers appropriate in the circumstances.

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 135/2015, Sch. 1, s. 4.]

If the parties reach agreement on all or some issues

(30)If, on or before October 30, 2015, the parties reach an agreement at mediation on all or some issues,

(a) the mediator must complete a result of mediation form (Form 24) and file the completed form in the mediation registry, and

(b) the parties must complete and sign a mediation agreement (Form 25) and any one of those parties may file the agreement in the mediation registry.

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 135/2015, Sch. 1, s. 5.]

If payment terms are not complied with

(31)If a party fails to comply with a provision of a filed mediation agreement, the party not in default may, if that provision required a payment of money,

(a) file an affidavit of non-compliance, and

(b) after that, file a payment order for

(i) the amount specified in the mediation agreement less any amount already paid in compliance with the mediation agreement, or

(ii) if no amount was specified in the mediation agreement, for the amount of the claim less any amount already paid in compliance with the mediation agreement.

[en. B.C. Reg. 172/2003, s. 2.]

If other terms are not complied with

(32)If a party fails to comply with a provision of a filed mediation agreement and that provision was not one requiring a payment of money, the party not in default may

(a) if the mediation agreement establishes an amount of liquidated damages that is to be payable in the event of such a default, file an affidavit of non-compliance and a payment order for that amount, or

(b) if the mediation agreement does not establish a liquidated damages amount in relation to the breached provision, seek a mediation compensation order (Form 26) under Rule 16 (6) (f.2).

[en. B.C. Reg. 172/2003, s. 2.]

Mediation compensation order

(33)A judge may make a mediation compensation order under subrule (32) (b) if a party applies for that order (see Rule 16 (7)) and attaches to the application an affidavit of non-compliance.

[en. B.C. Reg. 172/2003, s. 2.]

If a dispute is not resolved

(34)If, on or before October 30, 2015, the parties do not reach agreement at mediation on all the issues,

(a) on or before November 30, 2015, the mediator must complete a result of mediation form and file the completed form in the mediation registry, and

(b) after that, the registrar must set the claim

(i) for settlement conference, if a settlement conference has not been completed, or

(ii) for trial, if a settlement conference has been completed.

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 135/2015, Sch. 1, s. 6.]

Confidentiality and compellability

(35)Subject to subrules (36) and (37), a person must not disclose, or be compelled to disclose, in any proceeding oral or written information acquired in or in connection with a mediation session.

[en. B.C. Reg. 172/2003, s. 2.]

Exceptions

(36)Subrule (35) does not apply

(a) in respect of any information, opinion, document, offer or admission that all of the parties agree in writing may be disclosed,

(b) to any mediation agreement made during or in connection with a mediation session,

(c) to any threats of bodily harm made in or in connection with a mediation session, or

(d) to any information that does not identify the parties and that is disclosed for research or statistical purposes only.

[en. B.C. Reg. 172/2003, s. 2.]

No restriction on otherwise producible information

(37)Nothing in this rule precludes a party from introducing into evidence in any proceeding any information or records produced in the course of the mediation that are otherwise producible or compellable in those proceedings.

[en. B.C. Reg. 172/2003, s. 2.]

 Rule 7.21 was enacted by BC Reg 267/2018, effective January 1, 2019.

 Rule 7.3 (3) (a) (i) BEFORE amended by BC Reg 358/2012, effective March 18, 2013.

(a) the proceeding involves a party who has obtained one of the following against another party:

(i)  a restraining order under section 37 or 38 of the Family Relations Act;

(ii)  a peace bond under section 810 of the Criminal Code,

 Rule 7.3 (10) to (12) and (14) BEFORE amended by BC Reg 271/2010, effective September 24, 2010.

Application to roster organization

(10)  If the parties do not jointly appoint a mutually acceptable mediator within the time required by subrule (9), any party may apply to the British Columbia Mediator Roster Society or a roster organization for an appointment of a mediator.

[en. B.C. Reg. 251/2005, s. 3.]

Roster organization's appointment procedure

(11)  If an application to the British Columbia Mediator Roster Society or a roster organization is made under subrule (10), the British Columbia Mediator Roster Society or roster organization must select a mediator after taking into account

(a) the need for the mediator to be neutral and independent,

(b) the qualifications of the mediator,

(c) the mediator's fees,

(d) the mediator's availability,

(e) the nature of the dispute, and

(f) any other consideration likely to result in the selection of an impartial, competent and effective mediator.

[en. B.C. Reg. 251/2005, s. 3.]

Notification of selection of mediator

(12)  Promptly after selecting a mediator under subrule (11), the British Columbia Mediator Roster Society or the roster organization must notify the parties in writing of that selection.

[en. B.C. Reg. 251/2005, s. 3.]

Replacement of appointed mediator

(14)  If the mediator selected by the British Columbia Mediator Roster Society or the roster organization under subrule (11) is unable or unwilling to act as mediator,

(a) the selected mediator or any party may notify the British Columbia Mediator Roster Society or the roster organization of that inability or unwillingness, and

(b) the British Columbia Mediator Roster Society or the roster organization must, within 7 days after receiving that notice, select a new mediator in accordance with subrule (11).

[en. B.C. Reg. 251/2005, s. 3.]

 Rule 7.3 Title BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

Rule 7.3 — Mediation for Claims between $10 000 and $25 000

 Rule 7.3 (2) (b) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(b) a claim in the proceeding amounts to more than $10 000 and not more than $25 000, without taking into account interest or claim-related expenses.

 Rule 7.3 (5) (a) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(a) filing a Notice to Mediate for Claims Between $10 000 and $25 000 (Form 29), and

 Rule 7.3 (6) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

When Notice to Mediate for Claims Between $10 000 and $25 000 must be delivered

(6)Unless the court orders otherwise, a Notice to Mediate for Claims Between $10 000 and $25 000 must not be filed and delivered under subrule (5) until a reply has been filed in the proceeding.

 Rule 7.3 (9) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(9)The parties must jointly appoint a mutually acceptable mediator within 14 days after the Notice to Mediate for Claims Between $10 000 and $25 000 has been delivered to all parties.

 Rule 7.3 (17) (a) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(a) the party who delivers a Notice to Mediate for Claims Between $10 000 and $25 000 under subrule (5) and each of the following parties must attend the mediation session unless exempted from attending under subrule (29):

 Rule 7.3 (18) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(18)In the case of a motor vehicle action, the party who delivers a Notice to Mediate for Claims Between $10 000 and $25 000 under subrule (5) and each of the following parties must attend the mediation session unless exempted from attending under subrule (29):

 Rule 7.3 (3) (a.1) BEFORE amended by BC Reg 267/2018, effective January 1, 2019.

(a.1) Rule 7.4 or 9.2 applies to a claim in the proceeding, or

 Rule 7.4 (10) BEFORE amended by BC Reg 271/2010, effective September 24, 2010.

Roster of approved mediators

(10)  The mediator must be appointed from a roster of approved mediators maintained by the British Columbia Dispute Resolution Practicum Society.

[en. B.C. Reg. 360/2007, s. 7.]

 Rule 7.4 (1) BEFORE amended by BC Reg 27/2013, effective January 30, 2013.

"mediation coordinator" means a person designated by the Justice Services Branch of the Ministry of Attorney General as the mediation coordinator;

 Rule 7.4 (3) (a) (i) BEFORE amended by BC Reg 358/2012, effective March 18, 2013.

(a) the proceeding involves a party who has obtained one of the following against another party:

(i)  a protection order under section 183 of the Family Relations Act;

(ii)  a peace bond under section 810 of the Criminal Code,

 Rule 7.4 (1) definition of "online mediation" was added by BC Reg 183/2014, effective October 6, 2014.

 Rule 7.4 (17.1) to (17.9) were enacted by BC Reg 183/2014, effective October 6, 2014.

 Rule 7.4 (25) (b) before amended BC Reg 183/2014, effective October 6, 2014.

(b) may order that the telephone call be made at the expense of the party requesting mediation by telephone.

 Rule 7.4 (2) (a) BEFORE amended by BC Reg 244/2015, effective December 31, 2015.

(a) the claim is made by way of a notice of claim, counterclaim or third party notice and in respect of which all defendants, claimants or third parties have filed replies opposing all or part of the claim,

 Rule 7.4 (4) (a) BEFORE amended by BC Reg 244/2015, effective December 31, 2015.

(a) the court file relating to the claim is transferred to another registry, or

 Rule 7.4 (38) (c) BEFORE amended by BC Reg 244/2015, effective December 31, 2015.

(c) order that the claim be set for a trial conference;

 Rule 7.4 (39) (part) BEFORE amended by BC Reg 244/2015, effective December 31, 2015.

If the parties reach agreement on all or some issues

(39)If the parties reach an agreement at mediation on all or some issues,

 Rule 7.4 (43) BEFORE amended by BC Reg 244/2015, effective December 31, 2015.

If a dispute is not resolved

(43)If the parties do not reach agreement at mediation on all the issues,

(a) the mediator must complete a result of mediation form (Form 24) and file the completed form in the mediation registry, and

(b) after that, the registrar must set the claim for a trial conference on the issues for which there was no agreement.

[en. B.C. Reg. 360/2007, s. 7.]

 Rule 7.4 (38) (a) BEFORE repealed by BC Reg 244/2015, effective December 31, 2015.

(a) order that the claim be returned to mediation on any terms the judge considers appropriate;

 Rule 7.4 (4) (c) and (d) were added by BC Reg 244/2015, effective December 31, 2015.

 Rule 7.4 (22.1) was enacted by BC Reg 244/2015, effective December 31, 2015.

 Rule 7.4 (1) definitions of "mediation coordinator" and "online mediation" BEFORE repealed by BC Reg 244/2015, effective May 1, 2016.

"mediation coordinator" means a person designated by the Justice Services Branch of the Ministry of Justice as the mediation coordinator;

"online mediation" means the use of electronic communication tools by the parties to a claim for the purpose of reaching, with the assistance of a mediator, agreement on the issues in dispute.

 Rule 7.4 (5) to (7) BEFORE repealed by BC Reg 244/2015, effective May 1, 2016.

Mediation coordinator may exempt claim or party

(5)The mediation coordinator may at any time, and without an application,

(a) exempt a claim from the application of this rule if, in the mediation coordinator's opinion, it is unfair or impractical to require mediation, or

(b) exempt a party from attending a mediation session if, in the mediation coordinator's opinion, it is unfair or impractical to require the party to attend.

[en. B.C. Reg. 360/2007, s. 7.]

How to apply for exemption from a judge

(6)At least 7 days before the date set for the mediation session, a party may apply to a judge (see Rule 16 (7))

(a) to exempt a claim from the application of this rule, or

(b) to exempt the party from attending the mediation session.

[en. B.C. Reg. 360/2007, s. 7.]

When a judge may grant an exemption

(7)On an application under subrule (6), a judge may

(a) exempt a claim from the application of this rule if

(i) all of the parties have previously engaged in a mediation of the matters in issue, or

(ii) in the court's opinion, it is unfair or impractical to require mediation, or

(b) exempt a party from attending the mediation session if, in the court's opinion, it is unfair or impractical to require the party to attend.

[en. B.C. Reg. 360/2007, s. 7.]

 Rule 7.4 (8) BEFORE amended by BC Reg 244/2015, effective May 1, 2016.

Trial conference if this rule does not apply

(8)The registrar must set a claim for a trial conference if

(a) this rule does not apply to the claim under subrule (2) or (3) (a), or

(b) this rule ceases to apply to the claim under subrule (4) (b).

[en. B.C. Reg. 360/2007, s. 7.]

 Rule 7.4 heading and (9) to (17) BEFORE repealed by BC Reg 244/2015, effective May 1, 2016.

Appointment of Mediator and Scheduling of Mediation Session

Appointment of mediator

(9)The mediation coordinator may appoint a mediator

(a) to a claim, or

(b) to conduct the mediation sessions for claims set for a date, time and place.

[en. B.C. Reg. 360/2007, s. 7.]

Roster of approved mediators

(10)The mediator must be appointed from a roster, maintained by the Mediate BC Society, of mediators who have been approved by that society to conduct mediations in relation to claims brought under these rules.

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 271/2010, s. 3.]

How the date of a mediation session is set

(11)The registrar must, after consulting with the mediation coordinator, set the date, time and place at which a mediation session is to be conducted for a claim.

[en. B.C. Reg. 360/2007, s. 7.]

Certificate to be filed in personal injury cases

(12)In a claim for damages for personal injuries, the claimant must file at the mediation registry, within 6 months after serving the notice of claim and before a mediation session is held, 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. 360/2007, s. 7.]

If the claimant is not ready to file a certificate

(13)A claimant who is not ready to file the 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. 360/2007, s. 7.]

Certificate must be served on other parties

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

[en. B.C. Reg. 360/2007, s. 7.]

Defendant may request a medical report

(15)A defendant in a claim for damages for personal injuries may apply to a judge (see Rule 16 (7)) to order the claimant to attend a medical doctor for an examination, to be paid for by the defendant.

[en. B.C. Reg. 360/2007, s. 7.]

Report to be given to claimant and brought to mediation session

(16)After receiving the medical report from the doctor, the defendant must

(a) serve a copy of it on the claimant at least 7 days before the mediation session, and

(b) bring a copy of it to the mediation session.

[en. B.C. Reg. 360/2007, s. 7.]

Notice of mediation session

(17)At least 14 days before the date set for the mediation session, the registrar must serve a notice of mediation session (Form 27) on the parties specifying the date, time and place for the mediation session.

[en. B.C. Reg. 360/2007, s. 7.]

 Rule 7.4 heading (17.1) to (17.9) BEFORE repealed by BC Reg 244/2015, effective May 1, 2016.

Online Mediation

Notice of online mediation

(17.1)After the registrar serves a notice of mediation session on the parties under subrule (17), the mediation coordinator may serve on the parties notice of the availability of online mediation if there is only one claimant and one defendant to the claim.

[en. B.C. Reg. 183/2014, s. 2.]

Online mediation

(17.2)Subject to subrules (17.4) to (17.8), a mediator may conduct an online mediation with the parties to a claim by video conference, audio conference, telephone, electronic mail or text-based platform, or through the use of other electronic communication tools, or by any combination of those means.

[en. B.C. Reg. 183/2014, s. 2.]

Participation in online mediation at different times

(17.3)It is not necessary for the means of communication referred to in subrule (17.2) to allow both parties to the online mediation to take part at the same time.

[en. B.C. Reg. 183/2014, s. 2.]

Claims for which online mediation is not available

(17.4)Subrule (17.2) does not apply to a claim if

(a) the claim is for damages for personal injury, or

(b) the claim is for damages for personal injury or death, or loss of or damage to property, that arises out of the use or operation of a motor vehicle or trailer as those terms are defined in the Motor Vehicle Act.

[en. B.C. Reg. 183/2014, s. 2.]

When subrule (17.2) ceases to apply

(17.5)Subrule (17.2) ceases to apply to a claim if

(a) a party does not accept participation in online mediation within the time limit set out in the notice,

(b) a party will need an interpreter in order to participate in online mediation,

(c) there are more than 2 parties to the claim, or

(d) a party does not do any thing required to be done in using online mediation within a time limit set by the mediator.

[en. B.C. Reg. 183/2014, s. 2.]

Mediation coordinator may exempt claim or class of claims from online mediation

(17.6)The mediation coordinator may at any time exempt a claim or a class of claims from online mediation if, in the mediation coordinator's opinion, it is unfair or impractical to use online mediation for the claim or the class of claims.

[en. B.C. Reg. 183/2014, s. 2.]

Mediator may exempt claim from online mediation

(17.7)A mediator may at any time exempt a claim from online mediation if, in the mediator's opinion, it is unfair or impractical to use online mediation for the claim.

[en. B.C. Reg. 183/2014, s. 2.]

When online mediation ends

(17.8)The online mediation of a claim may not be conducted or continued on or after the date that is 5 days before the date set for the mediation session.

[en. B.C. Reg. 183/2014, s. 2.]

Application of other subrules to online mediation

(17.9)Subrules (26) (b) to (d), (27) to (29), (44) and (45) apply to an online mediation as if the online mediation were a mediation session.

[en. B.C. Reg. 183/2014, s. 2.]

 Rule 7.4 heading and (18) to (22.1) BEFORE repealed by BC Reg 244/2015, effective May 1, 2016.

Changing the Date of a Mediation Session

Changing a mediation session date

(18)A party may change the date of a mediation session by

(a) filing a consent to change the date under Rule 16 (1), or

(b) applying to the registrar (see Rule 16 (3)) for an order changing the date of the mediation session and giving to the other party whatever notice of the application the registrar may order.

[en. B.C. Reg. 360/2007, s. 7.]

Application to change date at least 7 days before mediation session

(19)On an application made at least 7 days before the date set for the mediation session, the registrar may change the date of the mediation session if the registrar is satisfied that the original date is unreasonably inconvenient to the party.

[en. B.C. Reg. 360/2007, s. 7.]

Application to change date within 7 days before mediation session

(20)On an application made within 7 days before the date set for the mediation session, the registrar may change the date of the mediation session if

(a) the registrar is satisfied that the original date is unreasonably inconvenient to the party, and

(b) the application contains an explanation, satisfactory to the registrar, as to why it was not reasonably practicable for the party to bring an application at least 7 days before the date set for the mediation session.

[en. B.C. Reg. 360/2007, s. 7.]

Unreasonably inconvenient

(21)For the purposes of subrules (19) and (20), the registrar may determine that a date is unreasonably inconvenient to a party if

(a) a family emergency renders the party unable to attend on the day set for the mediation session,

(b) the party has a pre-arranged out-of-town commitment on the day set for the mediation session and that commitment cannot be changed due to travel requirements,

(c) the party is required to attend court on the day set for the mediation session, or

(d) the registrar otherwise determines that the date is unreasonably inconvenient to the party.

[en. B.C. Reg. 360/2007, s. 7.]

Notice of change of date

(22)If the registrar changes the date of a mediation session under subrule (19) or (20),

(a) the party who applied for the change of date must give to the other party whatever notice of the change of date the registrar may order, and

(b) the registrar must, after consulting with the mediation coordinator, promptly set a new date for the mediation session and serve a notice of mediation session (Form 27) on the parties specifying the new date, time and place for the mediation session.

[en. B.C. Reg. 360/2007, s. 7.]

Settlement conference if otherwise a change in date after December 31, 2015

(22.1)Despite subrules (18) to (22) and Rule 16 (1), if the registrar would otherwise grant an application to change the date of a mediation session set for a date after December 31, 2015, rather than granting the application the registrar may cancel the mediation session and, if the mediation session is cancelled, must set the claim for a settlement conference.

[en. B.C. Reg. 244/2015, Sch. 1, s. 3.]

 Rule 7.4 heading and (23) to (25) BEFORE repealed by BC Reg 244/2015, effective May 1, 2016.

Application to Attend Mediation Session by Telephone

How to apply for mediation session by telephone

(23)A party may apply to the registrar (see Rule 16 (3)) for a direction that one or more of the parties may attend the mediation session by telephone.

[en. B.C. Reg. 360/2007, s. 7.]

Direction for mediation session by telephone

(24)On an application under subrule (23), the registrar may direct that one or more of the parties may attend the mediation session by telephone if

(a) the party, or the representative who is entitled under this rule to attend on behalf of the party, does not reside or carry on business within a reasonable distance from the location where the mediation session is to be conducted, or

(b) exceptional circumstances exist.

[en. B.C. Reg. 360/2007, s. 7.]

If application is granted

(25)If a direction is made under subrule (23), the registrar

(a) may order that the parties file at the mediation registry, before the date and time set by the registrar, all documents and reports that are relevant to the dispute, and

(b) may order that the telephone call be made at the expense of the party requesting to attend the mediation session by telephone.

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 183/2014, s. 3.]

Attendance at Mediation Session

Attending mediation session

(26)Subject to subrule (27) and to an order made under subrule (7), a party served with a notice of mediation session

(a) must attend the mediation session,

(b) may attend the mediation session by representative if the party is not an individual,

(c) must have authority to settle the claim, and

(d) may be accompanied by a lawyer or articled student.

[en. B.C. Reg. 360/2007, s. 7.]

Claims involving an insurer

(27)A party does not have to attend a mediation session in person if

(a) either

(i) the party has assigned all of his or her rights relevant to the claim to an insurer, or

(ii) an insurer has a duty to do one or both of the following in relation to the party:

(A) indemnify that party for liability arising out of a claim in the proceeding;

(B) defend any claims made against that party in the proceeding, and

(b) the insurer's representative attends in place of the party.

[en. B.C. Reg. 360/2007, s. 7.]

Requirements of representative

(28)A representative who attends a mediation session in the place of a party referred to in subrule (26) (b) or (27)

(a) must be familiar with all facts relevant to the dispute,

(b) must have authority to settle the claim on the party's behalf, and

(c) may be accompanied by a lawyer or articled student.

[en. B.C. Reg. 360/2007, s. 7.]

Attendance of others

(29)Any other person may attend a mediation session if that attendance is permitted by the mediator and consented to by the parties.

[en. B.C. Reg. 360/2007, s. 7.]

What parties must bring

(30)A party or a party's representative who attends a mediation session must bring to the mediation session all documents and reports that are relevant to the dispute.

[en. B.C. Reg. 360/2007, s. 7.]

 Rule 7.4 BEFORE repealed by BC Reg 267/2018, effective January 1, 2019.

Rule 7.4 — Mediation of Claims for More Than $5 000
or for Damages for Personal Injury
(Pilot Project — Robson Square Small Claims Registry)

Definitions

(1)In this rule:

"mediation registry" means the Robson Square Small Claims Registry (Vancouver);

"mediation session" means a meeting between 2 or more parties to a claim for the purpose of reaching, with the assistance of a mediator, agreement on the issues in dispute;

"mediator" means, in respect of a claim, the individual appointed as the mediator of the claim under subrule (9).

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Regs. 27/2013, Sch. 2, s. 12; 183/2014, s. 1; 244/2015, Sch. 3, s. 2.]

Application of this Rule

Claims to which this rule applies

(2)Subject to subrule (3), this rule applies to a claim if the claim is ordered under Rule 7.5 (14) (k) to be set for mediation under this rule or if

(a) the claim is made by way of a notice of claim, counterclaim or third party notice and in respect of which all defendants, claimants or third parties have filed, on or before December 31, 2015, replies opposing all or part of the claim,

(b) the amount claimed in the notice of claim that started the proceeding is

(i) for more than $5 000, not including interest and expenses, or

(ii) for $5 000 or less, not including interest and expenses, and the claim is for damages for personal injury, and

(c) after November 25, 2007,

(i) the notice of claim that started the proceeding was filed at the mediation registry, or

(ii) the court file relating to the claim was transferred to the mediation registry.

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 244/2015, Sch. 1, s. 1.]

Claims to which this rule does not apply

(3)This rule does not apply to a claim if

(a) the claim involves a party who has obtained against another party

(i) a protection order under section 183 of the Family Law Act, or

(ii) a peace bond under section 810 of the Criminal Code,

(b) the claimant, defendant and cause of action are the same as the plaintiff, defendant and cause of action in an action brought in the Supreme Court, or

(c) Rule 9.2 applies to the claim, unless an order is made under Rule 9.2 (13) (c) that the claim be set for mediation under this rule.

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 358/2012, s. 2.]

When this rule ceases to apply

(4)This rule ceases to apply to a claim if

(a) the court file relating to the claim is transferred to another registry,

(b) the claim is exempted under subrule (5) or (7) (a) from the application of this rule,

(c) the registrar has not, on or before February 1, 2016, served under subrule (17) a notice of mediation session, regardless of whether a date for the mediation session has been set under subrule (11) or set by a judge, or

(d) a mediation session in relation to the claim is cancelled under subrule (22.1).

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 244/2015, Sch. 1, s. 2.]

Repealed

(5)-(7)Repealed. [B.C. Reg. 244/2015, Sch. 3, s. 3.]

Settlement conference if this rule does not apply

(8)The registrar must set a claim for a settlement conference if

(a) this rule does not apply to the claim under subrule (2) or (3) (a), or

(b) this rule ceases to apply to the claim under subrule (4) (b), (c) or (d).

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 244/2015, Sch. 3, s. 4.]

Repealed

(9)-(30)Repealed. [B.C. Reg. 244/2015, Sch. 3, s. 6.]

Non-Attendance at Mediation Session

If a party does not attend

(31)If a party does not attend a mediation session,

(a) the mediator must

(i) complete a verification of non-attendance (Form 22) in accordance with the instructions on the form, and

(ii) give the completed form to the parties attending, and

(b) any one of the parties attending the mediation session may file the completed verification of non-attendance in the mediation registry.

[en. B.C. Reg. 360/2007, s. 7.]

What the registrar will do if a claimant does not attend

(32)If a verification of non-attendance is filed in relation to a claimant in a claim,

(a) the defendant in the claim may, by filing a request for judgment or for dismissal (Form 23) and paying the required fee, ask the registrar to make an order dismissing the claim of that claimant, and

(b) the registrar may make an order dismissing the claim of that claimant.

[en. B.C. Reg. 360/2007, s. 7.]

What the registrar will do if a defendant does not attend

(33)If a verification of non-attendance is filed in relation to a defendant in a claim, other than a claim made by way of counterclaim or third party notice,

(a) the claimant may, by filing a request for judgment or for dismissal and paying the required fee, ask the registrar to proceed under these rules as if

(i) the defendant had not filed a reply, and

(ii) the claimant had completed the steps in Rule 6 (3), and

(b) the registrar must either make a default order under Rule 6 (4) or set a date under Rule 6 (5) for a hearing before a judge.

[en. B.C. Reg. 360/2007, s. 7.]

What happens if the defendant to counterclaim or third party notice does not attend

(34)If a verification of non-attendance is filed in relation to a defendant under a counterclaim or under a third party notice, the party bringing the counterclaim or third party notice may apply for a default order under Rule 16 (6) (c) (see Rule 16 (7)).

[en. B.C. Reg. 360/2007, s. 7.]

If no party attends

(35)If no party attends a mediation session,

(a) the mediator must complete a verification of non-attendance in accordance with the instructions on the form, and file the completed form in the mediation registry, and

(b) the registrar must make an order dismissing each claim.

[en. B.C. Reg. 360/2007, s. 7.]

Cancellation of a dismissal or default order

(36)A party against whom an order is made under subrule (32) (b), (33) (b) or (35) (b) for not attending a mediation session may apply to a judge to cancel the order (see Rule 16 (7)), and the judge may cancel the order under Rule 16 (6) (j).

[en. B.C. Reg. 360/2007, s. 7.]

What application must contain

(37)A party seeking an order under subrule (36) must attach to the application an affidavit containing the following:

(a) the reason for not attending the mediation session;

(b) the reason for any delay, if there has been delay in filing the application;

(c) the facts that support the claim or defence.

[en. B.C. Reg. 360/2007, s. 7.]

If a judge cancels a dismissal or default order

(38)A judge who cancels a dismissal order made under subrule (32) (b) or (35) (b) or a default order made under subrule (33) (b) may also do one or more of the following:

(a) Repealed. [B.C. Reg. 244/2015, Sch. 1, s. 4 (a).]

(b) order the payment of any expenses incurred by the party or parties who did attend;

(c) order that the claim be set for a settlement conference;

(d) make any other order that the judge considers appropriate in the circumstances.

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 244/2015, Sch. 1, s. 4.]

Conclusion of Mediation

If the parties reach agreement on all or some issues

(39)If, on or before April 30, 2016, the parties reach an agreement at mediation on all or some issues,

(a) the mediator must complete a result of mediation form (Form 24) and file the completed form in the mediation registry, and

(b) the parties must complete and sign a mediation agreement (Form 25) and any one of those parties may file the agreement in the mediation registry.

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 244/2015, Sch. 1, s. 5.]

If payment terms are not complied with

(40)If a party fails to comply with a provision of a filed mediation agreement, the party not in default may, if that provision required a payment of money,

(a) file an affidavit of non-compliance, and

(b) after that, file a payment order (Form 10) for

(i) the amount specified in the mediation agreement less any amount already paid in compliance with the mediation agreement, or

(ii) if no amount was specified in the mediation agreement, for the amount of the claim less any amount already paid in compliance with the mediation agreement.

[en. B.C. Reg. 360/2007, s. 7.]

If other terms are not complied with

(41)If a party fails to comply with a provision of a filed mediation agreement and that provision was not one requiring a payment of money, the party not in default may

(a) if the mediation agreement establishes an amount of liquidated damages that is to be payable in the event of such a default, file an affidavit of non-compliance and a payment order (Form 10) for that amount, or

(b) if the mediation agreement does not establish a liquidated damages amount in relation to the breached provision, seek a mediation compensation order (Form 26) under Rule 16 (6) (f.2).

[en. B.C. Reg. 360/2007, s. 7.]

Mediation compensation order

(42)A judge may make a mediation compensation order under subrule (41) (b) if a party applies for that order (see Rule 16 (7)) and attaches to the application an affidavit of non-compliance.

[en. B.C. Reg. 360/2007, s. 7.]

If a dispute is not resolved

(43)If, on or before April 30, 2016, the parties do not reach agreement at mediation on all the issues,

(a) on or before April 30, 2016, the mediator must complete a result of mediation form (Form 24) and file the completed form in the mediation registry, and

(b) after that, the registrar must set the claim for a trial conference on the issues for which there was no agreement.

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 244/2015, Sch. 1, s. 6.]

Confidentiality and Compellability

Confidentiality and compellability

(44)Subject to subrules (45) and (46), a person must not disclose, or be compelled to disclose, in any proceeding oral or written information acquired in or in connection with a mediation session.

[en. B.C. Reg. 360/2007, s. 7.]

Exceptions

(45)Subrule (44) does not apply

(a) in respect of any information, opinion, document, offer or admission that all of the parties agree in writing may be disclosed,

(b) to any mediation agreement made during or in connection with a mediation session,

(c) to any threats of bodily harm made in or in connection with a mediation session, or

(d) to any information that does not identify the parties and that is disclosed for research or statistical purposes only.

[en. B.C. Reg. 360/2007, s. 7.]

No restriction on otherwise producible information

(46)Nothing in this rule precludes a party from introducing into evidence in any proceeding any information or records produced in the course of the mediation that are otherwise producible or compellable in those proceedings.

[en. B.C. Reg. 360/2007, s. 7.]

 Rule 7.5 (1) (c) BEFORE amended by BC Reg 244/2015, effective January 1, 2016.

(c) an order is made under Rule 7.4 (38) (c) or 9.2 (13) (c).

 Rule 7.5 (14) (k) BEFORE repealed by BC Reg 244/2015, effective January 1, 2016.

(k) if Rule 7.4 does not apply to the claim only because a party did not file a reply opposing all or part of the claim, order that the claim be set for mediation under Rule 7.4;

 Rule 7.5 Title BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

Rule 7.5 — Trial Conferences (Pilot Project – Robson Square Small Claims Registry)

 Rule 7.5 (1) (b) and (c) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(b) Rule 7.4 does not apply or ceases to apply to the claim (see Rule 7.4 (8)), or

(c) an order is made under Rule 7 (14) (c.1), 7.4 (38) (c) or 9.2 (13) (c).

 Rule 7.5 (1) (d) was added by BC Reg 120/2017, effective June 1, 2017.

 Rule 7.5 (12.1), (13.1), (13.2) were enacted by BC Reg 120/2017, effective June 1, 2017.

 Rule 7.5 (14) (a.1) was added by BC Reg 120/2017, effective June 1, 2017.

 Rule 7.5 (1) (a) and (c) BEFORE amended by BC Reg 267/2018, effective January 1, 2019.

(a) the parties do not reach agreement at mediation on all the issues (see Rules 7.3 (52) and 7.4 (43)),

(c) an order is made under Rule 7 (14) (c.1), 7.4 (38) (c) or 9.2 (13) (c), or

 Rule 7.5 (1) (b) BEFORE repealed by BC Reg 267/2018, effective January 1, 2019.

(b) Rule 7.4 does not apply or ceases to apply to the claim (see Rule 7.4 (8)),

 Rule 7.5 (2) BEFORE amended by BC Reg 267/2018, effective January 1, 2019.

Trial conference

(2)Before a trial date is set, a trial conference will be held on the date and at the time and place set by the registrar.

[en. B.C. Reg. 360/2007, s. 7.]

 Rule 8 (13) BEFORE repealed by 135/2015, effective October 31, 2015.

Application of Rule 7.2

(13)If Rule 7.2 applied to a claim or counterclaim before the amount of that claim or counterclaim was increased under subrule (9) of this rule,

(a) Rule 7.2 continues to apply to that claim or counterclaim after the increase in the claim or counterclaim,

(b) any date that had been set for a mediation session remains in effect unless the circumstances are changed under paragraph (c) or (d) or otherwise under Rule 7.2,

(c) without limiting any other rights a party may have under Rule 7.2 (9), a party may bring an application under Rule 7.2 (9) less than 14 days before the date set for the mediation session if the changed notice of claim or reply is filed by or served on the party 14 days or fewer before that date, and

(d) without limiting any other rights a party may have under Rule 7.2 (11), a party may bring an application under Rule 7.2 (11) fewer than 7 days before the date set for the mediation session if the changed notice of claim or reply is filed by or served on the party 7 days or fewer before that date.

[en. B.C. Reg. 251/2005, s. 4.]

 Rule 8 (1) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(1)Anything in a notice of claim, reply or other document that has been filed by a party may be changed by that party

 Rule 8 (1.1) was enacted by BC Reg 120/2017, effective June 1, 2017.

 Rule 8 (3.1) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(3.1)A party who is served with a revised notice of claim, counterclaim or third party notice

 Rule 8 (7) and (8) BEFORE re-enacted by BC Reg 120/2017, effective June 1, 2017.

Claimant can change amount of claim

(7)A claimant who filed a notice of claim before September 1, 2005 may change that notice of claim to increase the amount of the claim to an amount that is more than $10 000 and not more than $25 000, not including interest and expenses, whether or not the claimant had, in that notice of claim, abandoned part of the claim in accordance with Rule 1 (5).

[en. B.C. Reg. 251/2005, s. 4.]

Defendant can change amount of counterclaim

(8)A defendant who filed a reply that contained a counterclaim before September 1, 2005 may change that reply to increase the amount of the counterclaim to an amount that is more than $10 000 and not more than $25 000, not including interest and expenses, whether or not the defendant had, in that reply, abandoned part of the counterclaim in accordance with Rule 4 (5).

[en. B.C. Reg. 251/2005, s. 4.]

 Rule 8 (1) (a) (ii) (A) BEFORE repealed by BC Reg 267/2018, effective January 1, 2019.

(A) a mediation under Rule 7.4;

 Rule 9.1 Title BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

Rule 9.1 — Simplified Trials for Claims up to $5 000
(Pilot Project — Robson Square and Richmond Small Claims Registries)

 Rule 9.1 (2) BEFORE re-enacted by BC Reg 120/2017, effective June 1, 2017.

Claims to which this rule applies

(2)Subject to subrule (3), this rule applies to a claim if

(a) the claim is made by way of a notice of claim, counterclaim or third party notice and in respect of which a reply is filed opposing all or part of the claim,

(b) the amount claimed in the notice of claim that started the proceeding is $5 000 or less (not including interest and expenses),

(c) the amount claimed in any counterclaim is $5 000 or less (not including interest and expenses), and

(d) after November 25, 2007,

(i) the notice of claim that started the proceeding was filed at the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry, or

(ii) the court file relating to the claim was transferred to the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry.

[en. B.C. Reg. 360/2007, s. 9.]

 Rule 9.1 (4) (b) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(b) the notice of claim or reply is changed to increase the amount of the claim or counterclaim to more than $5 000, not including interest and expenses.

 Rule 9.1 (5) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

If the claim is for more than $5 000

(5)A claimant who has a claim amounting to more than $5 000, not including interest and expenses, may abandon part of the claim so that the balance of the claim may be heard under this rule.

[en. B.C. Reg. 360/2007, s. 9.]

 Rule 9.1 (6) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

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

 Rule 9.1 (7) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(7)Subject to subrule (11), a claimant who abandons part of a claim under subrule (6) may not at any time sue for that part.

 Rule 9.1 (8) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

If a counterclaim is for more than $5 000

(8)A defendant who has a counterclaim amounting to more than $5 000, not including interest and expenses, may abandon part of the claim so it may be heard under this rule.

 Rule 9.1 (9) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

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

 Rule 9.1 (10) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

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

 Rule 9.1 (10.1), (10.2), (10.3), (10.4), (10.5), and (10.6) were enacted by BC Reg 120/2017, effective June 1, 2017.

 Rule 9.1 (11) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(11)If this rule does not apply to a claim because the defendant has a counterclaim amounting to more than $5 000 and does not abandon part of the claim so that it may be heard under this rule, the claimant may sue for the whole amount to which the claimant may be entitled.

 Rule 9.2 (13) (c) (ii) (A) BEFORE amended by BC Reg 244/2015, effective January 1, 2016.

(A) mediation under Rule 7.4,

 Rule 9.2 (1) (a) and (b) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(a) the claim is made by way of a notice of claim, counterclaim or third party notice and in respect of which a reply is filed opposing all or part of the claim,

(b) after November 25, 2007,

(i) the notice of claim that started the proceeding was filed at the Robson Square Small Claims Registry (Vancouver), or

(ii) the court file relating to the claim was transferred to the Robson Square Small Claims Registry (Vancouver),

 Rule 10.1 (0.1) BEFORE re-enacted by BC Reg 120/2017, effective June 1, 2017.

Claims to which this rule does not apply

(0.1)This rule does not apply to a claim if Rule 9.1 applies to the claim.

[en. B.C. Reg. 360/2007, s. 11 (a).]

 Rule 10.1 (2) (a) BEFORE amended by BC Reg 267/2018, effective January 1, 2019.

(a) within 30 days after the conclusion of the settlement conference, the conclusion of a mediation session held under Rule 7.2 or 7.4 or the conclusion of a trial conference, whichever happens first, or

 Rule 10.2 was enacted by BC Reg 120/2017, effective June 1, 2017.

 Rule 16 (2) (b.1) and (c.2) BEFORE amended by 135/2015, effective October 31, 2015.

(b.1) an order changing the date of a mediation session (see Rule 7.2 (11), 7.3 (30) or 7.4 (18));

(c.2) an order directing that a party may attend a mediation session by telephone (see Rule 7.2 (14) or 7.4 (24));

 Rule 16 (6) (f.1) BEFORE amended by 135/2015, effective October 31, 2015.

(f.1) an order exempting a disputed claim from the application of Rule 7.2 (see Rule 7.2 (10)) or Rule 7.3 (see Rule 7.3 (29));

 Rule 16 (2) (b.1) and (c) BEFORE amended by BC Reg 244/2015, effective May 1, 2016.

(b.1) an order changing the date of a mediation session (see Rule 7.3 (30) or 7.4 (18));

(c) an order extending the time for filing a certificate of readiness (see Rule 7 (10) or 7.4 (13));

 Rule 16 (2) (c.2) BEFORE repealed by BC Reg 244/2015, effective May 1, 2016.

(c.2) an order directing that a party may attend a mediation session by telephone (see Rule 7.4 (24));

 Rule 16 (6) (e) BEFORE amended by BC Reg 244/2015, effective May 1, 2016.

(e) an order for a medical examination (see Rule 7 (12) or 7.4 (15));

 Rule 16 (6) (f.3) BEFORE repealed by BC Reg 244/2015, effective May 1, 2016.

(f.3) an order exempting a claim from the application of Rule 7.4 or exempting a party from attending a mediation session (see Rule 7.4 (7));

 Rule 16 (2) (a.1) and (c.01) were added by BC Reg 120/2017, effective June 1, 2017.

 Rule 16 (2) (c) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(c) an order extending the time for filing a certificate of readiness (see Rule 7 (10));

 Rule 16 (2) (e) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(e) an order permitting another method of service (see Rule 18 (8) (a));

 Rule 16 (6) (e) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(e) an order for a medical examination (see Rule 7 (12));

 Rule 16 (6) (n.1) was added by BC Reg 120/2017, effective June 1, 2017.

 Rule 16 (7) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(7)To apply for an order listed in subrule (6), a party must complete an application (Form 17), following the instructions on the form, and file it at the registry where the court file is unless the registrar allows the application to be filed at another registry (see subrule (8)).

 Rule 16 (7.1) was enacted by BC Reg 120/2017, effective June 1, 2017.

 Rule 16 (8) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(8)A registrar may allow an application under subrule (7) to be filed at another registry if

 Rule 16 (9) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(9)At least 7 days before the date set for hearing an application under subrule (7), the applicant must serve a copy of the application, and the affidavit if required (see Rule 17 (2)), on each party that would be affected by the order requested unless the application is for a default order because no reply to a third party notice has been filed.

 Rule 16 (11) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(11)An application under subrule (7) will be heard at the court served by the registry where the court file is, except that the registrar may allow it to be heard at another location of the court if

 Rule 16 (6) (c), (f.2) and (j) BEFORE amended by BC Reg 267/2018, effective January 1, 2019.

(c) a default order if no reply to a counterclaim or third party notice is filed (see Rule 6 (2)) or if an application is made under Rule 7.2 (25), 7.3 (40) or 7.4 (34);

(f.2) a mediation compensation order (see Rule 7.2 (32) (b), 7.3 (50) (b) or 7.4 (41) (b));

(j) an order cancelling a default order or dismissal order (see Rules 7.2 (27), 7.4 (36) and 17 (2)), and if the application is granted the judge may order payment of any reasonable expenses of the other party related to the cancellation;

 Rule 16 (6) (n.2) and (n.3) were added by BC Reg 267/2018, effective January 1, 2019.

 Rule 16.1 was enacted by BC Reg 120/2017, effective June 1, 2017.

 Rule 16.1 (1) BEFORE amended by BC Reg 267/2018, effective January 1, 2019.

How to apply for an order that civil resolution tribunal not adjudicate claim

(1)To apply for an order, under section 12.1 of the Civil Resolution Tribunal Act, that the civil resolution tribunal not adjudicate a tribunal small claim, a party must complete an application for exemption (Form 36) following the instructions on the form.

[en. B.C. Reg. 120/2017, Sch. 2, s. 46.]

 Rule 17 (18) BEFORE amended by BC Reg 146/2010, effective July 1, 2010.

Supreme Court Rules

(18)  Only the following Supreme Court Rules apply to proceedings under the Small Claims Act:

(a) Rule 6 (Persons Under Disability) except rule 6 (4);

(b) Rule 6 (4) (only as to personal injury cases);

(c) Rule 42 (4) (only as to writs of delivery) and (7) (Enforcement of Orders);

(d) Rule 46 (Detention, Preservation and Recovery of Property);

(e) Rule 48 (Interpleader).

 Rule 17 (17) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(17)A registrar may accept for filing any document, except a notice of claim or a reply, that has been transmitted to the registry by a fax machine.

 Rule 17 (2) (a) (i) and (ii) BEFORE amended by BC Reg 267/2018, effective January 1, 2019.

(i) in the absence of a party, or

(ii) for failing to file a reply, and

 Rule 17 (2) (a) (iii) was added by BC Reg 267/2018, effective January 1, 2019.

 Rule 17 (2) (b) (i) BEFORE amended by BC Reg 267/2018, effective January 1, 2019.

(i) the reason the party did not file a reply or attend the settlement conference, trial conference or trial,

 Rule 17.1 (2) (d) BEFORE repealed by BC Reg 267/2018, effective January 1, 2019.

(d) a director's order under section 22 (8) of the Residential Tenancy Act;

 Rule 17.1 (2) (e) BEFORE amended by BC Reg 267/2018, effective January 1, 2019.

(e) an decision or order of an arbitrator or the director under section 57 (5) of the Residential Tenancy Act;

 Rule 17.1 (2) (e.1) was added by BC Reg 267/2018, effective January 1, 2019.

 Rule 18 (12) (c) BEFORE amended by BC Reg 146/2010, effective July 1, 2010.

(c) in accordance with Rule 69(17) to (20) of the Supreme Court Rules as that rule applies under section 22 of these rules.

 Rule 18 (3) and (4) BEFORE amended by BC Reg 212/2015, effective November 28, 2016.

How to serve a society

(3)If the defendant is a society incorporated under the Society Act, the notice of claim must be served

(a) by mailing a copy of it by registered mail to the address for service on file with the Registrar of Companies, or

(b) by leaving a copy of it

(i) at the address for service on file with the Registrar of Companies, or

(ii) with a director, officer, receiver manager or liquidator of the society.

How to serve an extraprovincial society

(4)If the defendant is an extraprovincial society, the notice of claim must be served

(a) by mailing a copy of it by registered mail to the attorney of the society appointed under section 77 of the Society Act,

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

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

 Rule 18 (1) to (6), (6.1) and (9) to (10) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

How to serve a notice of claim on a municipality

(1)If a defendant is a municipal corporation, regional district or other local government body, the notice of claim must be served by giving a copy to the clerk, deputy clerk or some similar official.

How to serve a notice of claim on a young person

(2)If a defendant is under 19 years of age, the notice of claim must be served by leaving a copy of the notice with the defendant's mother, father or guardian unless a judge orders otherwise.

(3)If the defendant is a society within the meaning of the Societies Act, the notice of claim must be served

(4)If the defendant is an extraprovincial non-share corporation within the meaning of the Societies Act, the notice of claim must be served

(5)If the defendant is an unincorporated association, including a trade union, the notice of claim must be served

Service of a notice of claim outside British Columbia

(6)A notice of claim may be served on a person outside British Columbia if

(6.1)A notice of claim authorized under subrule (6) to be served on a corporation outside British Columbia must be served

(9)If another method of service is permitted, a copy of the registrar's order must be served with the notice of claim unless the registrar

(10)A notice of claim that is served as permitted by a registrar's order is validly served.

 Rule 18 subrules (7.1) and (8.1) were enacted by BC Reg 120/2017, effective June 1, 2017.

 Rule 18 subrule (12)(b) BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

(b) by mailing it by ordinary mail to the person's address, unless the document is a notice of claim, a third party notice or a summons to a payment hearing or to a default hearing. (See Rules 2, 5 (4), 12 (7) and 13 (5)), or

 Rule 22 (1) and (2) BEFORE amended by BC Reg 146/2010, effective July 1, 2010.

Application of Supreme Court Rules

(1)  Rule 69 (1) to (3), (4) (a), (6) to (10), (12) to (14) and (16) to (20) of the Supreme Court Rules applies to a claim under these rules.

[en. B.C. Reg. 133/2005, s. 2.]

Qualifications

(2)  For the purposes of subrule (1) of this rule,

(a) a reference to Form 141 in Rule 69 (6) of the Supreme Court Rules, as that rule applies under subrule (1) of this rule, is deemed to be a reference to Form 28 of these rules,

(b) a reference to affidavits in Rule 69 (10) of the Supreme Court Rules, as that rule applies under subrule (1) of this rule, is deemed to exclude reference to affidavits of service under these rules, and

(c) a reference to address for delivery or delivered in Rule 69 (17) to (20) of the Supreme Court Rules, as that rule applies under subrule (1) of this rule, is deemed to be a reference to address for service and served respectively.

[en. B.C. Reg. 133/2005, s. 2.]

 Schedule A, table item 1.1 was added by BC Reg 120/2017, effective June 1, 2017.

 Schedule A, table items 9 and 10 BEFORE amended by BC Reg 120/2017, effective June 1, 2017.

Registry Services$
9For a certificate of judgment or any other certificate30
10For filing a certified copy of an order
(a) from another registry of the court, except for a Restitution Order made under the Criminal Code
(b) of an arbitrator under the Residential Tenancy Act

21
21

 Schedule B, Form 20 BEFORE amended by BC Reg 145/2012, effective July 1, 2012.

Form 20

[en. B.C. Reg. 10/2003, s. 3.]

 Schedule B, Form 20 BEFORE amended by BC Reg 5/2016, effective January 29, 2016.

Form 20

[en. B.C. Reg. 145/2012.]

 Schedule B, Forms 24 and 25 BEFORE amended by BC Reg 183/2014, effective October 6, 2014.

Form 24

[en. B.C. Reg. 360/2007, s. 16 (a).]

Form 25

[en. B.C. Reg. 360/2007, s. 16 (a).]

 Schedule B, Form 2 BEFORE re-enacted by BC Reg 120/2017, effective June 1, 2017.

Form 2

[en. B.C. Reg. 148/97, s. 18; am. B.C. Regs. 146/98, s. 4; 179/2005, s. (b).]

Form 2 (cont'd)

[en. B.C. Reg. 148/97, s. 18; am. B.C. Regs. 146/98, s. 4; 179/2005, s. (b).]

Form 2 (cont'd)

[en. B.C. Reg. 148/97, s. 18; am. B.C. Regs. 146/98, s. 4; 179/2005, s. (b).]

Form 2 (cont'd)

[en. B.C. Reg. 148/97, s. 18; am. B.C. Regs. 146/98, s. 4; 179/2005, s. (b).]

 Schedule B, Form 4 BEFORE re-enacted by BC Reg 120/2017, effective June 1, 2017.

Form 4

[en. B.C. Reg. 248/2006, s. 2.]

 Schedule B, Form 5 BEFORE re-enacted by BC Reg 120/2017, effective June 1, 2017.

Form 5

[en. B.C. Reg. 360/2007, s. 16 (a).]

Form 5 (cont'd)

Form 5 (cont'd)

Form 5 (cont'd)

 Schedule B, Form 16 BEFORE re-enacted by BC Reg 120/2017, effective June 1, 2017.

Form 16

[en. B.C. Reg. 148/97, s. 18.]

 Schedule B, Form 29 BEFORE re-enacted by BC Reg 120/2017, effective June 1, 2017.

Form 29

[en. B.C. Reg. 251/2005, s. 5.]

 Schedule B, Form 30 BEFORE re-enacted by BC Reg 120/2017, effective June 1, 2017.

Form 30

[en. B.C. Reg. 251/2005, s. 5.]

 Schedule B, Form 32 BEFORE re-enacted by BC Reg 120/2017, effective June 1, 2017.

Form 32

[en. B.C. Reg. 360/2007, s. 16 (b).]

 Schedule B, Forms 34 to 37 were enacted by BC Reg 120/2017, effective June 1, 2017.

 Schedule B, Forms 20, 24, 28 to 31, 33 and 34 BEFORE amended by BC Reg 267/2018, effective January 1, 2019.

Form 20

[en. B.C. Reg. 5/2016.]

Form 24

[en. B.C. Reg. 183/2014, s. 4.]

Form 28

[en. B.C. Reg. 133/2005, s. 3.]

Form 29

[en. B.C. Reg. 120/2017, Sch. 2, s. 52.]

Form 30

[en. B.C. Reg. 120/2017, Sch. 2, s. 52.]

Form 31

[en. B.C. Reg. 286/2005, s. 8.]

Form 33

[en. B.C. Reg. 360/2007, s. 16 (b).]

Form 34

[en. B.C. Reg. 120/2017, Sch. 2, s. 53.]

Form 34 (cont'd)

Form 34 (cont'd)

Form 34 (cont'd)

Form 34 (cont'd)

 Schedule B, Forms 21, 22 and 27 BEFORE repealed by BC Reg 267/2018, effective January 1, 2019.

Form 21

[en. B.C. Reg. 172/2003, s. 9 (b); am. B.C. Reg. 250/2005, s. 2.]

Form 22

[en. B.C. Reg. 360/2007, s. 16 (a).]

Form 27

[en. B.C. Reg. 360/2007, s. 16 (a).]

 Schedule C BEFORE repealed by BC Reg 267/2018, effective January 1, 2019.

Schedule C

[en. B.C. Reg. 172/2003, s. 10; am. B.C. Regs. 373/2003; 360/2007, s. 17.]

Mediation Registries

[Rule 7.2 (1)]

1   For the purposes of Rule 7.2, the Small Claims Registries at the following locations are mediation registries:

(a) Nanaimo;

(b) Robson Square, Vancouver, but only in respect of a disputed claim for which the notice of claim that started the proceeding was filed at Robson Square before November 26, 2007;

(c) Surrey;

(d) North Vancouver;

(e) Victoria.

 Schedule D BEFORE repealed by BC Reg 267/2018, effective January 1, 2019.

Schedule D

[en. B.C. Reg. 172/2003, s. 1; am. B.C. Regs. 134/2005; 260/2006; 360/2007, s. 18.]

Mediation Cases

[Rule 7.2 (2) (a)]

1   All cases (referred to in this Schedule as construction cases) that involve a claim, whether for debt or other than debt, relating to the construction, improvement or renovation of a building.

2   The cases in respect of which, in any month,

(a) the first 16 replies are filed in the Nanaimo Small Claims Registry,

(b) Repealed. [B.C. Reg. 360/2007, s. 18.]

(c) the first 15 replies are filed in the Surrey Small Claims Registry,

(d) the first 15 replies are filed in the Victoria Small Claims Registry, and

(e) the first 10 replies are filed in the North Vancouver Small Claims Registry.

3   Replies relating to construction cases and cases to which Rule 7.2 (2) (b) and (c) apply are not to be counted for the purposes of item 2.

 Schedule E, section 2 BEFORE amended by BC Reg 358/2012, effective March 18, 2013.

2  All cases involving a party who has obtained against another party a restraining order under section 37 or 38 of the Family Relations Act or a peace bond under section 810 of the Criminal Code.

 Schedule E BEFORE repealed by BC Reg 267/2018, effective January 1, 2019.

Schedule E

[en. B.C. Reg. 172/2003, s. 10; am. B.C. Regs. 248/2006, s. 3; 358/2012, s. 3.]

Excluded Cases

[Rule 7.2 (3)]

1   All cases that involve a claim arising out of a motor vehicle accident if

(a) there is a claim in the case for damages for personal injury, or

(b) the only matter in dispute is liability for property damage.

2   All cases involving a party who has obtained against another party a protection order under section 183 of the Family Law Act or a peace bond under section 810 of the Criminal Code.

3   All cases in which the claimant, defendant and cause of action are the same as the plaintiff, defendant and cause of action in an action brought in the Supreme Court.

4   Repealed. [B.C. Reg. 248/2006, s. 3 (c).]

5   All cases in which a party is a person under disability.

You may need to contact a court registry in British Columbia to obtain Small Claims forms to fill out. This website lists court locations: http://www.ag.gov.bc.ca/courts/overview/locations.htm

Fillable PDF forms can be found at this website: http://www.ag.gov.bc.ca/courts/small_claims/info/forms.htm