Introduction
Legal disputes are part of life, but not every issue needs to go through a full Supreme Court process. In British Columbia, small claims court offers a streamlined, cost-effective option for resolving civil disputes involving claims up to $35,000. While it’s designed to be more accessible and less formal, there are still rules, procedures, and strategic considerations to be aware of.
At Pathfinder Law, we regularly advise clients on civil litigation, including whether their matter belongs in small claims court and how to best present their case. Here’s what you need to know about what you can, and can’t, sue for in BC small claims court.
What Is Small Claims Court?
Small claims court is a division of the Provincial Court of British Columbia. It is designed to resolve lower-value disputes quickly and efficiently, often without the need for full legal representation. Cases are heard by judges, not juries, and the procedures are more straightforward than those in the Supreme Court.
Although small claims court is more informal, legal guidance is still highly recommended, especially if the case involves complex evidence, legal principles, or the potential for a counterclaim.
Monetary Limit: How Much Can You Sue For?
In BC, small claims court handles cases involving monetary claims of $5,001 to $35,000. If your claim is for less than $5,000, it falls under the jurisdiction of the Civil Resolution Tribunal (CRT), an online dispute resolution platform.
If your damages exceed $35,000, you may:
- Abandon the excess amount and proceed in small claims court.
- Pursue the full amount in Supreme Court.
This choice often depends on how important it is to recover the full amount versus obtaining a faster, less expensive resolution.
What Types of Cases Are Accepted?
Small claims court in BC can handle a wide range of civil disputes, including:
- Unpaid invoices and loans.
- Damage to property (vehicles, homes, personal belongings).
- Breach of contract claims.
- Unpaid rent or security deposit issues.
- Defective goods or services.
- Construction disputes involving substandard work or unpaid balances.
You can also sue a business, corporation, landlord, or even a local government body (with limitations) as long as the claim fits within the monetary jurisdiction and nature of allowed disputes.
What You Can’t Sue for in Small Claims Court
There are limits to what small claims court can hear. You cannot use it to resolve:
- Family law disputes, such as divorce, child custody, spousal support, or parenting time.
- Wills and estates matters.
- Defamation (libel or slander) cases.
- Personal injury claims from a motor vehicle accident (handled by ICBC and the CRT).
- Claims over $35,000 (unless the excess is waived).
- Land ownership disputes or foreclosures.
These matters are handled in Supreme Court or through other legal channels. Knowing this in advance saves time and helps avoid misfiling your case.
How to Start a Small Claims Case in BC
Starting a small claims lawsuit begins with filing a Notice of Claim at the appropriate courthouse or online. You’ll need to:
- Clearly identify the parties involved.
- Outline the events leading to your claim.
- Specify the amount you’re claiming and why.
- Attach any supporting documents (invoices, contracts, correspondence).
The defendant then has a set period to respond. The court may schedule a settlement conference to encourage resolution before trial.
Settlement Conferences and Mediation
A unique feature of small claims court is the emphasis on settlement conferences. These informal meetings, held in front of a judge or court registrar, aim to resolve the case before it proceeds to trial.
In many cases, parties can reach a mutually acceptable agreement during these conferences, saving time, money, and stress. Pathfinder Law helps clients prepare for settlement discussions to ensure that their interests are protected.
What Happens at Trial
If the dispute isn’t resolved at the settlement stage, the case will proceed to trial. Unlike in Supreme Court, small claims trials:
- Are often scheduled within a few months.
- Do not require formal legal pleadings.
- Allow you to represent yourself (although legal support is recommended).
- Include simplified rules for evidence and procedure.
Both parties will present their evidence and witnesses. A judge will issue a binding decision, which can include an order for payment or other corrective action.
Enforcing a Judgment
Winning a judgment is just part of the process. Enforcing it is another step entirely. If the losing party refuses to pay, you can take enforcement actions such as:
- Wage garnishment.
- Seizure of personal assets.
- Placing a lien on property.
- Registering the judgment for collections.
Pathfinder Law can help you pursue enforcement actions and ensure that court orders are respected.
When Should You Involve a Lawyer?
Although small claims courts are designed to be more user-friendly, legal advice can still be incredibly valuable. You should strongly consider hiring a lawyer if:
- The dispute involves a large or complex contract.
- The opposing party has legal representation.
- You are unfamiliar with presenting evidence.
- There are multiple parties or complicated liability issues.
- You need assistance enforcing a judgment.
Legal support helps you avoid costly errors, present a stronger case, and improve your chances of a favorable outcome.
How Pathfinder Law Can Help
At Pathfinder Law, we guide individuals and businesses through every stage of the small claims process. From preparing the claim and gathering evidence to negotiating settlements and enforcing judgments, our experienced civil litigation lawyers make sure your rights are protected.
Whether you’re a contractor trying to recover unpaid invoices or a tenant dealing with a landlord dispute, we bring strategic insight and practical solutions to help you resolve your case efficiently.
If you’re considering small claims court in BC, contact Pathfinder Law today to schedule a consultation and let us help you approach your case with confidence.
