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Small Claims Court BC and the Civil Resolution Tribunal

By Recording Law Editorial Team10 min read
Small Claims Court BC and the Civil Resolution Tribunal

Frequently Asked Questions

What is the small claims limit in BC?

The Civil Resolution Tribunal handles most disputes up to $5,000. Provincial Court's Small Claims division handles claims from $5,001 up to $35,000, and claims above $35,000 generally go to the Supreme Court of British Columbia.

Do I have to use the Civil Resolution Tribunal for a claim under $5,000?

For most disputes covered by its jurisdiction, yes. The CRT is the required first forum for small claims of $5,000 or less, though it cannot hear certain disputes such as most landlord and tenant matters, harassment, or defamation.

How long do I have to sue someone in BC?

British Columbia's Limitation Act sets a basic limitation period of two years from when the claim is discovered, for most civil claims including small claims. An ultimate limitation period of 15 years applies from the act or omission itself.

What happens if the other side does not pay a CRT decision or Provincial Court judgment?

The order does not enforce itself. A judgment creditor can pursue a garnishing order against wages or a bank account, seize and sell personal property through a court bailiff, register a certificate of judgment against land, or request a payment hearing.

How long does someone have to reply after being served with a Notice of Claim?

An individual defendant generally has 14 days from being served to file a reply in Provincial Court, or 30 days if served outside British Columbia. Not replying in time risks a default judgment.

Sources and References

  1. Civil Resolution Tribunal Act, SBC 2012, c 25(bclaws.gov.bc.ca).gov
  2. Small Claims Act, RSBC 1996, c 430(bclaws.gov.bc.ca).gov
  3. Limitation Act, SBC 2012, c 13 (basic 2-year and ultimate 15-year limitation periods)(bclaws.gov.bc.ca).gov
  4. BC Civil Resolution Tribunal: What kinds of claims can the CRT take? ($5,000 small claims limit and exclusions)(civilresolutionbc.ca).gov
  5. BC Civil Resolution Tribunal: The CRT Process (negotiation, facilitation, adjudication stages)(civilresolutionbc.ca).gov
  6. BC Civil Resolution Tribunal: Fees(civilresolutionbc.ca).gov
  7. Provincial Court of British Columbia: Claims from $5,001 to $35,000(provincialcourt.bc.ca).gov
  8. Provincial Court of British Columbia: Enforcing small claims orders(provincialcourt.bc.ca).gov
  9. Province of British Columbia, Ministry of Attorney General: "What is Small Claims Court?" Small Claims Court Guide #1 (filing, service, settlement conference, trial, payment hearing, default order, appeal)(gov.bc.ca).gov
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