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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
Rule 1 November 28, 2016
Rule 2 November 28, 2016
Rule 5 November 28, 2016
Rule 7 January 1, 2016
May 1, 2016
Rule 7.2 September 24, 2010
January 30, 2013
July 30, 2015
July 30, 2015
July 30, 2015
July 30, 2015
October 31, 2015
Rule 7.3 March 18, 2013
September 24, 2010
Rule 7.4 September 24, 2010
January 30, 2013
March 18, 2013
October 6, 2014
December 31, 2015
May 1, 2016
Rule 7.5 January 1, 2016
Rule 8 October 31, 2015
Rule 9.2 January 1, 2016
Rule 16 October 31, 2015
May 1, 2016
Rule 17 July 1, 2010
Rule 18 July 1, 2010
November 28, 2016
Rule 22 July 1, 2010
Schedule B Form 20 July 1, 2012
January 29, 2016
Schedule B Form 24 and 25 October 6, 2014
Schedule E March 18, 2013

 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 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 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 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(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 added 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 7.3(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 7.4(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 added 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) and (22.1) were added 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 before (9) and (9) to (30) 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.]

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.]

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.]

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 7.5(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 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 9.2(13)(c)(ii)(A) BEFORE amended by BC Reg 244/2015 effective January 1, 2016.

(A) mediation under Rule 7.4,

 Rule 16(2)(b.1), (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 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 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 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.]

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

Form 20

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

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

Form 20

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

 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 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.