A Small Claims case in BC Provincial Court starts when a claimant files a Notice of Claim at a registry and serves it on each defendant. This guide follows those steps in order, from checking that the claim belongs in Small Claims to proving it was served.
This is general information about steps, forms and fees, not legal advice. It restates what the Small Claims Rules and the Province's how-to guides say. It does not say whether you have a claim, how much to ask for or what to argue.
Does your claim belong in Small Claims?
- $5,001 to $35,000. Small Claims court hears claims up to $35,000, not counting interest and expenses. A larger claim can be brought here only by giving up the amount over $35,000, and the Notice of Claim has a box for that.
- $5,000 or less: the Civil Resolution Tribunal first. The Province's guide says these claims must first go through the Civil Resolution Tribunal (CRT), which works online. Motor vehicle accident claims up to $50,000 and most strata disputes also go to the CRT.
- Claims Small Claims court can't hear. Libel, slander and malicious prosecution (Small Claims Act, section 3). The Province's guide adds disputes about title to land and certain residential landlord and tenant disputes, which go to the Residential Tenancy Branch.
Check the time limit
Most claims must be started within two years of the day you discovered the claim (Limitation Act, sections 6 and 8), and none can be started more than 15 years after the event (section 21). If the two years are close, file first and serve afterwards: the claim then has 12 months to be served.
Step 1: Name the defendant correctly
A payment order is only as good as the name on it. The Province's guide says to name:
- A person by their full legal name, with no initials or titles.
- A company by its exact name and registered office, from a company search through BC Registries. File a copy of the search with your claim. Its cost can be added to the claim.
- A sole proprietor by the owner's name and the business name, for example "Jane Smith, carrying on business as Smith Renovations."
- A partnership by the partners' names and the partnership's name.
- A vehicle accident claim names the driver and the registered owner, and ICBC is also served.
Step 2: Choose the registry
File at the Provincial Court registry nearest to where the defendant lives or carries on business, or nearest to where the transaction or event happened (Rule 1(2)). In the Central Okanagan that is Kelowna Law Courts, 1355 Water Street. The counter is open Monday to Friday, 9 a.m. to 4 p.m. Other registries are listed on the Provincial Court's court locations page.
Step 3: Fill in the forms
- Form 1, Notice of Claim. The parties' names and addresses, "What happened" in plain words, and "How much," with each amount listed separately.
- Form 38, Address for Service. Where documents in the case can be sent to you. It is filed with the Notice of Claim (Rule 1), and there is no fee for it.
- Interest. If you agreed on an interest rate, claim that rate as a yearly rate. If not, the court adds interest under the Court Order Interest Act from the day the claim arose, and the guide says it is worked out when you file for a payment order.
The Province's free Filing Assistant asks questions and fills in the forms for you to print.
Step 4: File and pay
You can file at the registry counter, by mail with the fee (cheques payable to the Minister of Finance), or online through Court Services Online, which needs a CSO account and a BCeID with a credit card, or a BC OnLine account. Filing online is optional. The registry stamps the forms and returns copies for each defendant.
| Fee (Small Claims Rules, Schedule A) | Claim of $3,000 or less | Claim over $3,000 |
|---|---|---|
| Notice of Claim | $100 | $156 |
| Reply (paid by the defendant; none if they agree to pay the whole claim) | $26 | $50 |
| Application for a default order | $25 | $25 |
| Filing through Court Services Online, each package | + $7 | + $7 |
If you can't afford the fees, the Rules let a registrar exempt you (Rule 20(1)). Ask on Form 16, Application to a Registrar, ticking the box for exempting the applicant from paying fees. Form 36, which has a $125 fee, is something else: it asks that the CRT not decide a claim.
Step 5: Serve each defendant
Each defendant must be served with four documents (Rule 2(1)):
- their copy of the filed Notice of Claim,
- a blank Reply (Form 2),
- your filed Address for Service (Form 38), and
- a blank Form 38.
How. A person is served by leaving the documents with them, or by registered mail (Rule 2(2)). A company is served by delivering the documents to its registered office or sending them there by registered mail, or by leaving them at its place of business with a receptionist or manager, or with a director or officer (Rule 2(3)). Anyone can serve, including the claimant.
When. The Notice of Claim expires if it is not served within 12 months of filing (Rule 2(7)). It can be renewed on Form 16 before it expires.
Proof. The person who served completes a Certificate of Service, Form 4. For registered mail, attach the Canada Post signature or the online delivery confirmation. There is no separate deadline to file Form 4, but it is filed with any application for a default order, so keep it with your file.
For the trade-offs between registered mail and personal service, see Small Claims service in BC. If the defendant can't be served in the usual ways, see Alternative service in BC Small Claims.
Step 6: After service
- Time to reply. A defendant served in BC has 14 days to file a Reply. A defendant served outside BC has 30 days (Rule 3(4)).
- No Reply. The claimant can apply for a default order on Form 5, with the Certificate of Service and the $25 fee (Rule 6). For a debt, a registrar can make a payment order. Other claims go to a hearing before a judge.
- A Reply is filed. Most cases then have a settlement conference with a judge, held remotely by Microsoft Teams (Rule 7). Claims over $10,000 can go to mediation instead, started by a Notice to Mediate (Form 29), with the parties paying the mediator (Rule 7.3). Cases that don't settle go to a trial conference and then a trial.
Expenses you can claim back
If you win, the Rules let the court order the other party to pay your filing fees, reasonable service costs and other reasonable expenses the judge or registrar allows (Rule 20(2)). The Province's guide says this is generally no more than the filing fee and a service fee, so keep the receipts and the service invoice.
Free help
- The Province's Small Claims how-to guides and Small Claims BC
- Access Pro Bono, Clicklaw and People's Law School
- Registry staff can explain procedure and forms, but can't give legal advice.
What we provide
Service of the Notice of Claim. Send us the filed documents with the defendant's name and address. We serve all four documents in person and complete the Certificate of Service, Form 4, with the date, time, place and how the person was identified. In Kelowna the first attempt is $110, with no mileage. Further attempts are made as needed until the defendant is served or you tell us to stop. Every town's price is on the pricing page.
Filing at the Kelowna registry. We can file your documents at Kelowna Law Courts for $50 and return the stamped copies.
Official forms and sources
- Form 1, Notice of Claim (SCL 001) · Form 38, Address for Service (SCL 057) · Form 2, Reply (SCL 002)
- Form 4, Certificate of Service (SCL 004F) · Form 5, Application for a Default Order (SCL 005) · Form 16, Application to a Registrar (SCL 016)
- Province of BC: making a claim · serving documents · what is Small Claims Court?
- Small Claims Rules, B.C. Reg. 261/93 and Schedule A, fees
- Small Claims Act · Limitation Act · Court Order Interest Act
Questions
How much does it cost to file a Small Claims case in BC?
The Notice of Claim fee is $100 for a claim of $3,000 or less and $156 for a claim over $3,000. Filing through Court Services Online adds $7. A registrar can exempt someone who cannot afford the fees, on Form 16.
What has to be served with a Notice of Claim in BC?
Each defendant gets their copy of the filed Notice of Claim, a blank Reply (Form 2), the claimant's filed Address for Service (Form 38) and a blank Form 38, under Small Claims Rule 2(1).
How long does the defendant have to reply?
Fourteen days after being served in BC, or 30 days if served outside BC. If no Reply is filed, the claimant can apply for a default order on Form 5 with the Certificate of Service.
Can I serve the Notice of Claim myself?
Yes. The Province's guide says anyone can serve it, including the claimant. Whoever serves it completes the Certificate of Service, Form 4.
Okanagan Process Servers is a process serving company, not a law firm, and does not give legal or procedural advice. This guide restates publicly available information from the sources on the references page. Rules, forms and time limits change; confirm the current requirement with the registry, the Residential Tenancy Branch or your lawyer.