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| B.C. Reg. 261/93 O.C. 1030/93 | Deposited July 30, 1993 effective October 1, 1993 |
[Last amended October 3, 2022 by B.C. Reg. 161/2022]
The purpose of these rules is to make it as easy as possible for people to use the court to resolve their disputes. If necessary, there will be a trial and a judge or a justice will decide the claim. However, both sides are encouraged to try to come to an agreement. A settlement is always possible, even after a judge or a justice has made a decision.
[am. B.C. Regs. 360/2007, s. 1; 191/2021, s. 1.]
In these rules:
"business day" means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday;
"civil resolution tribunal" means the Civil Resolution Tribunal established under the Civil Resolution Tribunal Act;
"claimant" means the person who is making the claim;
"court" means the Provincial Court of British Columbia;
"creditor" means a person to whom, by order of the court, a debtor must pay money;
"debtor" means a person who, by order of the court, must pay money to a creditor;
"defendant" means the person against whom the claim is made;
"hearing" includes a trial;
"justice" means a judicial justice or a justice of the peace;
"method of attendance", in relation to a conference, hearing or mediation session, includes
(b) attending by telephone, video conference or other means of electronic communication;
"tribunal accident claim" means
(a) an accident claim, as defined in the Civil Resolution Tribunal Act, and
(b) a claim purported to be an accident claim, as defined in the Civil Resolution Tribunal Act;
"tribunal small claim" means
(a) a tribunal small claim, as defined in the Civil Resolution Tribunal Act, and
(b) a claim purported to be a tribunal small claim, as defined in the Civil Resolution Tribunal Act;
[am. B.C. Regs. 120/2017, Sch. 2, s. 1; 191/2021, s. 2; 161/2022, s. 1.]
(1) To make a claim, other than a claim to which Rule 1.1 applies, a person must complete a notice of claim (Form 1) and an address for service (Form 38), following the instructions on the forms.
[am. B.C. Regs. 120/2017, Sch. 2, s. 2; 191/2021, s. 3.]
(2) A claimant must file a notice of claim and an address for service and pay the required fee at the Small Claims Registry nearest to where
(a) the defendant lives or carries on business, or
(b) the transaction or event that resulted in the claim took place.
[am. B.C. Reg. 191/2021, s. 4.]
(2.1) If the defendant is a company within the meaning of the Business Corporations Act, the claimant must file with the notice of claim a printout of a search showing the most recent address of the registered office of the company on file with the Registrar of Companies.
[en. B.C. Reg. 148/97, s. 1; am. B.C. Reg. 428/2004, s. 1.]
(2.2) If the defendant is a society within the meaning of the Societies Act, the claimant must file with the notice of claim a printout of a search showing the delivery address and mailing address of the society's registered office on file with the Registrar of Companies.
[en. B.C. Reg. 212/2015, Sch. 3, s. 1.]
(3) A claimant may name more than one defendant in a notice of claim, but only if the claim against each defendant is related to or connected with the original subject matter of the claim.
(4) A claimant who has a claim amounting to more than $35 000, 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. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 3.]
(4.1) A person (litigation guardian) who makes a claim for personal injury on behalf of someone who is under 19 years of age or under another legal disability may abandon part of the claim under subrule (4), but only with the consent of the Public Guardian and Trustee.
[en. B.C. Reg. 148/97, s. 1; am. B.C. Reg. 172/2003, s. 1.]
(5) To abandon part of a claim, a claimant must say on the notice of claim that the amount over $35 000 is abandoned.
[am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 3.]
(6) Subject to subrule (7), a claimant who abandons part of a claim may not at any time sue for that part, unless the whole of the claim is withdrawn under Rule 4 (9) and then pursued in the Supreme Court.
[am. B.C. Reg. 148/97, s. 1.]
(7) If a claim is transferred to the Supreme Court under Rule 7.1, the claimant may sue for the whole amount to which the claimant may be entitled whether or not part of the claim was abandoned in the Provincial Court.
[en. B.C. Reg. 148/97, s. 1.]
Rule 1.1 — Process for Making a Claim if Proceedings Previously Initiated before Civil Resolution Tribunal
(1) In this rule:
"filing party" means the person who completes and files a notice of civil resolution tribunal claim (Form 34);
"initiating notice" has the same meaning as in the Civil Resolution Tribunal Act;
"initiating party" has the same meaning as in the Civil Resolution Tribunal Act;
"response" means a response made under section 7 of the Civil Resolution Tribunal Act.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(2) This rule applies to a claim if one or more of the following apply:
(a) the civil resolution tribunal has made a final decision in relation to the claim, and a party has filed a notice of objection under section 56.1 of the Civil Resolution Tribunal Act;
(b) after the civil resolution tribunal has given the initiating party an initiating notice in relation to the claim, the civil resolution tribunal has refused to resolve the claim;
(c) the court orders that the civil resolution tribunal not adjudicate the claim.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(3) To make a claim in respect of which this rule applies, a person must complete a notice of civil resolution tribunal claim (Form 34) and an address for service (Form 38), following the instructions on the forms.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 191/2021, s. 3.]
(4) For the purposes of the notice of civil resolution tribunal claim,
(a) a claimant is the initiating party who made the initial request to the civil resolution tribunal and who was first given an initiating notice in relation to a claim in the proceeding before the civil resolution tribunal,
(b) a defendant is, in relation to the initiating notice referred to in paragraph (a), a person who was required to make a response, and
(c) a third party is a person, other than a claimant or defendant, who was required to make a response in the proceeding before the civil resolution tribunal referred to in paragraph (a).
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(5) A person must file a notice of civil resolution tribunal claim at the Small Claims Registry nearest to where
(a) the defendant lives or carries on business, or
(b) the transaction or event that resulted in the claim took place.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(6) If the defendant or third party is a company within the meaning of the Business Corporations Act, the filing party must file with the notice of civil resolution tribunal claim a printout of a search showing the most recent address of the registered office of the company on file with the Registrar of Companies.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(7) If the defendant or third party is a society within the meaning of the Societies Act, the filing party must file with the notice of civil resolution tribunal claim a printout of a search showing the delivery address and mailing address of the society's registered office on file with the Registrar of Companies.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(8) The filing party must file the following with the notice of civil resolution tribunal claim:
(a) the following documents in respect of all tribunal small claims that were to be resolved in a single proceeding before the civil resolution tribunal:
(i) all initiating notices received by the filing party;
(ii) all responses received or made by the filing party;
(b) one of the following documents in respect of a tribunal small claim referred to in paragraph (a):
(i) a certificate provided by the civil resolution tribunal to the filing party under section 56.2 of the Civil Resolution Tribunal Act;
(ii) a notice provided by the civil resolution tribunal to the filing party to notify the filing party that the civil resolution tribunal refuses to resolve the tribunal small claim;
(iii) a copy of the order, made under section 16.2 of the Civil Resolution Tribunal Act, that the civil resolution tribunal not adjudicate the tribunal small claim;
(c) an address for service (Form 38).
[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Regs. 267/2018, s. 1; 191/2021, s. 5.]
(9) A claim made by a claimant against a defendant and set out in an initiating notice filed under subrule (8) with a notice of civil resolution tribunal claim is continued as a claim made under these rules against the defendant.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(9.1) If a claim is continued under subrule (9) and the claimant is not the filing party, the claimant must file an address for service (Form 38) and serve a copy on each of the other parties.
[en. B.C. Reg. 191/2021, s. 6.]
Serving a Notice of Civil Resolution Tribunal Claim
(10) The filing party must serve each of the other parties named in the notice of civil resolution tribunal claim with the following:
(a) the other party's copy of the notice of civil resolution tribunal claim;
(b) a copy of the documents filed under subrule (8) with the notice of civil resolution tribunal claim;
(c) a blank reply form (Form 2) for each claim made against the other party for which the other party does not have a response continued as a reply under this rule;
(d) a blank address for service form (Form 38).
[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 191/2021, s. 7.]
(11) If any of the other parties referred to in subrule (10) is an individual, the documents referred to in subrule (10) (a) to (c) must be served on the individual by
(a) leaving a copy of those documents with the individual, or
(b) mailing a copy of those documents by registered mail to the individual.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(12) If any of the other parties referred to in subrule (10) is a company within the meaning of the Business Corporations Act, the documents referred to in subrule (10) (a) to (c) must be served,
(a) if the company has a registered office,
(i) by delivering a copy of those documents to the delivery address shown for that registered office in the office of the Registrar of Companies, or
(ii) by mailing a copy of those documents by registered mail to the mailing address shown for that registered office in the office of the Registrar of Companies,
(b) if the company's registered office has been eliminated, in the manner ordered by the court, or
(c) in either case, by leaving a copy of those documents
(i) at the place of business of the company, with a receptionist or a person who appears to manage or control the company's business there, or
(ii) with a director, officer, liquidator, trustee in bankruptcy or receiver manager of the company.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(13) If any of the other parties referred to in subrule (10) is an extraprovincial company within the meaning of the Business Corporations Act, the documents referred to in subrule (10) (a) to (c) must be served
(a) by delivering a copy of those documents to the delivery address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,
(b) by mailing a copy of those documents by registered mail to the mailing address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,
(c) by mailing a copy of those documents by registered mail to the mailing address shown in the office of the Registrar of Companies for any attorney appointed for the extraprovincial company under Division 2 of Part 11 of the Business Corporations Act,
(d) by leaving a copy of those documents with the attorney, or
(e) if no attorney has been appointed, by following subrule (12) (c).
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(14) If any of the other parties referred to in subrule (10) is a partnership, the documents referred to in subrule (10) (a) to (c) must be served by mailing a copy of those documents by registered mail to a partner, or by leaving a copy of those documents
(b) at a place of business of the partnership, with a person who appears to manage or control the partnership business there, or
(c) with a receptionist who works at a place of business of the partnership.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(15) Subject to subrule (16), the provisions in Rule 18 apply if
(a) any other party referred to in subrule (10) of this rule is a municipality, a person under 19, a society, an extraprovincial non-share corporation within the meaning of the Societies Act, or an unincorporated association including a trade union,
(b) the filing party needs to serve the notice of civil resolution tribunal claim on a person outside British Columbia, or
(c) the filing party is having difficulty serving any other party.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(16) For the purposes of applying Rule 18 to a claim to which this rule applies,
(a) a reference in Rule 18 to a "notice of claim" must be read as a reference to a "notice of civil resolution tribunal claim",
(b) a reference in Rule 18 (8) to a "claimant" must be read as a reference to a "filing party", and
(c) a notice of civil resolution tribunal claim may be served on a claimant or third party in the same way as required for service of a notice of civil resolution tribunal claim on a defendant.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 161/2022, s. 2.]
(17) If a notice of civil resolution tribunal claim has not been served within 28 days after it was filed it expires, but the filing party may apply to have it renewed (see Rule 16 (3)).
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(17.1) Until a party files an address for service (Form 38), documents must be served on the party at the address for service, if any, that the party provided to the civil resolution tribunal.
[en. B.C. Reg. 191/2021, s. 8.]
Replying to a Claim Continued under this Rule
(18) A response made by a defendant is continued as a reply to a claim if
(a) the defendant made a response in respect of the claim when the claim was proceeding before the civil resolution tribunal as a tribunal small claim,
(b) the response is filed under subrule (8) with a notice of civil resolution tribunal claim, and
(c) the claim is continued under subrule (9).
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(18.1) If a defendant's response is continued under subrule (18) as a reply to a claim and the defendant is not the filing party, the defendant must file an address for service (Form 38) and serve a copy on each of the other parties.
[en. B.C. Reg. 191/2021, s. 9
(19) Rule 3 does not apply in relation to a response continued as a reply under subrule (18) of this rule.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(20) A defendant who receives a notice of civil resolution tribunal claim and who does not have a response continued as a reply under subrule (18) may do any one or more of the following:
(a) pay the amount claimed directly to the claimant and ask the claimant to withdraw the claim (see Rule 8);
(b) admit all or part of the claim;
(c) admit all or part of the claim and propose a payment schedule (see Rule 11 (4));
(d) oppose all or part of the claim by listing reasons why the claim is opposed;
(e) with the permission of a judge, make a counterclaim against the claimant (see subrule (26)).
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(21) To do anything set out in subrule (20) (b) to (e), a defendant must complete a reply (Form 2) and an address for service (Form 38), following the instructions on the forms.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 191/2021, s. 3.]
(22) A defendant must file a reply and an address for service at the registry where the notice of civil resolution tribunal claim was filed and, except where the defendant has agreed to pay all of the claim, pay the required fee.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 191/2021, s. 10.]
(23) If a notice of civil resolution tribunal claim is served on a defendant, the reply must be filed
(a) within 14 days after service if the defendant was served in British Columbia or within 30 days after service if the defendant was served outside British Columbia, and
(b) before the registrar has made a default order or set a date for a hearing.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(24) Within 21 days after a reply and an address for service are filed under subrule (22), the registrar must serve a copy on each of the other parties.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 191/2021, s. 11.]
(25) If a defendant admits in a reply all or part of the claim, the claimant may accept the admission in full settlement of the claim, interest and expenses by filing, before the settlement conference or trial conference, a payment order in the same terms as the admission.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
Making a Claim Against a Claimant
(26) Rule 4 does not apply to a defendant if the proceeding was started by a notice of civil resolution tribunal claim, unless the defendant has the permission of a judge to make a counterclaim (see Rule 16 (7)).
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(27) A claim made by a defendant against a claimant and set out in an initiating notice filed under subrule (8) with a notice of civil resolution tribunal claim is continued as a counterclaim made under these rules against the claimant.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(28) Rule 4 does not apply in relation to a claim continued as a counterclaim under subrule (27) of this rule.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(29) A response made by a claimant is continued as a reply to a counterclaim if
(a) the claimant made a response in respect of a claim when the claim was proceeding before the civil resolution tribunal as a tribunal small claim,
(b) the response is filed under subrule (8) with the notice of civil resolution tribunal claim, and
(c) the claim is continued as a counterclaim under subrule (27).
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(30) Rule 3 does not apply in relation to a response continued as a reply under subrule (29) of this rule.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(31) If a counterclaim against a claimant is continued under subrule (27) and the claimant did not have a response continued as a reply under subrule (29), the claimant may do one or more of the following:
(a) pay the amount of the counterclaim directly to the defendant and ask the defendant to withdraw the counterclaim;
(b) admit all or part of the counterclaim;
(c) admit all or part of the counterclaim and propose a payment schedule (see Rule 11 (4));
(d) oppose all or part of the counterclaim by listing reasons why the counterclaim is opposed.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(32) To do anything set out in subrule (31) (b) to (d), a claimant must
(a) complete a reply (Form 2) and an address for service following the instructions on the forms,
(b) file the reply and the address for service (Form 38),
(i) if the claimant is the filing party, with the notice of civil resolution tribunal claim, or
(ii) if the claimant is not the filing party and the notice of civil resolution tribunal claim is served on the claimant,
(A) within 14 days after service if the claimant was served in British Columbia or within 30 days after service if the claimant was served outside British Columbia, and
(B) before the registrar has made a default order or set a date for a hearing, and
(c) pay the required fee unless the claimant has agreed to pay all of the counterclaim.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 191/2021, s. 12.]
(33) Within 21 days after a reply and an address for service are filed under subrule (32), the registrar must serve a copy on each of the other parties.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 191/2021, s. 11.]
(34) If a claimant admits in a reply all or part of a counterclaim, the defendant may accept the admission in full settlement of the counterclaim, interest and expenses by filing, before the settlement conference or trial conference, a payment order in the same terms as the admission.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(35) Rule 5 does not apply to a defendant if the proceeding was started by a notice of civil resolution tribunal claim, unless the defendant has the permission of a judge to make a claim against another person (see Rule 16 (7)).
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(36) If a defendant thought that a person who was not otherwise a party to the dispute before the civil resolution tribunal was responsible for the claim, the claim made by the defendant against the other person and set out in the initiating notice filed under subrule (8) with the notice of civil resolution tribunal claim is continued as a claim made under these rules against the other person as a third party.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(37) Rule 5 (1) to (7) and (9) does not apply in relation to a claim continued under subrule (36) of this rule.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(38) A response made by a third party is continued as a reply to a claim made against the third party if
(a) the third party made a response in respect of the claim when the claim was proceeding before the civil resolution tribunal as a tribunal small claim,
(b) the response is filed under subrule (8) with a notice of civil resolution tribunal claim, and
(c) the claim is continued under subrule (36).
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(38.1) If a response made by a third party is continued under subrule (38) as a reply to a claim made against the third party and the third party is not the filing party, the third party must file an address for service (Form 38) and serve a copy on each of the other parties.
[en. B.C. Reg. 191/2021, s. 13.]
(39) If a third party receives a notice of civil resolution tribunal claim, does not have a response continued as a reply under subrule (38) and wishes to reply to the claim, the third party must follow subrules (20) to (23) to reply to the claim.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
Deposits for Claims Previously Adjudicated by Civil Resolution Tribunal
(40) If a filing party wishes to apply for an order that a person make a deposit under section 56.3 of the Civil Resolution Tribunal Act, the filing party must file the application with the notice of civil resolution tribunal claim and serve a copy of the application with the notice of civil resolution tribunal claim, unless the filing party has the permission of a judge to make the application on a later date (see Rule 16 (7)).
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(41) If a party, other than the filing party, wishes to apply for an order that a person make a deposit under section 56.3 of the Civil Resolution Tribunal Act, the party must file the application within 14 days after service of the notice of civil resolution tribunal claim if that party was served in British Columbia or within 30 days after service of the notice of civil resolution tribunal claim if that party was served outside British Columbia, unless that party has the permission of a judge to make the application on a later date.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(41.10) If a claimant has been ordered to make a deposit under section 56.3 of the Civil Resolution Tribunal Act and the claimant has failed to make the deposit as ordered, a judge may dismiss the claim under Rule 16 (6) (n.2).
[en. B.C. Reg. 267/2018, s. 2.]
(41.11) If a defendant has been ordered to make a deposit under section 56.3 of the Civil Resolution Tribunal Act and the defendant has failed to make the deposit as ordered, the claimant may ask the registrar for a default order.
[en. B.C. Reg. 267/2018, s. 2.]
(41.12) If a defendant under a counterclaim or under a third party notice or a third party has been ordered to make a deposit under section 56.3 of the Civil Resolution Tribunal Act and has failed to make the deposit as ordered, no default order will be made except under Rule 16 (6) (n.3).
[en. B.C. Reg. 267/2018, s. 2.]
(41.20) To ask for a default order under subrule (41.11), a claimant must complete Form 5, following the instructions on the form, file it at the registry where the notice of civil resolution tribunal claim was filed and pay the required fee.
[en. B.C. Reg. 267/2018, s. 2.]
(41.21) If a claim is for a debt and the claimant completes the steps in subrule (41.20), the registrar must make a default order requiring the defendant to pay immediately the amount claimed plus expenses under Rule 20 (2) and any interest the claimant is entitled to.
[en. B.C. Reg. 267/2018, s. 2.]
(41.22) If a claim is not for a debt and the claimant completes the steps in subrule (41.20), the registrar must set a date for a hearing before a judge.
[en. B.C. Reg. 267/2018, s. 2.]
(41.23) At least two business days before the date of a hearing set under subrule (41.22), a claimant must file at the registry all documents on which the claimant intends to rely at the hearing, with a supporting materials cover sheet (Form 39).
[en. B.C. Reg. 161/2022, s. 3.]
(41.30) The purpose of a hearing set under subrule (41.22) is to allow a judge to determine
(a) the amount the claimant is entitled to, if the claim is for money, and
(b) the terms of an appropriate order, in any other case.
[en. B.C. Reg. 267/2018, s. 2.]
(41.31) After hearing the claimant, the judge may,
(a) if the claim is for money, make a default order that requires the defendant to pay immediately the amount determined by the judge plus expenses under Rule 20 (2) and any interest the claimant is entitled to, and
(b) in any other case, make the appropriate order.
[en. B.C. Reg. 267/2018, s. 2.]
(41.32) If a claimant does not attend at the time set for a hearing under subrule (41.22), the judge may cancel the hearing, but the claimant may ask the registrar to reschedule it.
[en. B.C. Reg. 267/2018, s. 2.]
(41.33) The creditor may collect payment under a default order made under subrule (41.31) (a) by taking any of the steps listed in Rule 11 (11).
[en. B.C. Reg. 267/2018, s. 2.]
Material to be Filed before Settlement or Trial Conference
(42) A filing party must file at the registry a certificate of compliance (Form 37) within 6 months after the filing party served the notice of civil resolution tribunal claim on all other parties if there is at least one reply filed or continued in respect of the claim.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(43) If a notice of objection was filed under Division 5 of Part 5 of the Civil Resolution Tribunal Act in respect of the claim, a certificate of compliance must contain one of the following statements:
(a) a statement that no party filed an application for deposit under subrule (40) or (41) within the period provided by the applicable subrule;
(b) a statement that an application for a deposit under section 56.3 of the Civil Resolution Tribunal Act was dismissed;
(c) a statement that an application for a deposit under section 56.3 of the Civil Resolution Tribunal Act was granted and either
(i) the deposit has been made, or
(ii) if the court has ordered that the deposit be paid in instalments, all due instalments have been paid.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4; am. B.C. Reg. 161/2022, s. 4.]
(44) In a claim by a filing party for damages for personal injuries, the certificate of compliance to be filed under subrule (42) must have attached copies of all
(b) records of expenses or losses incurred or expected.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(45) A filing party who is not ready to file the certificate of compliance 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. 120/2017, Sch. 2, s. 4.]
(46) Within 14 days after filing a certificate of compliance, the filing party must serve a copy of the certificate and attachments on each of the other parties.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(47) The registrar must schedule a claim for a settlement conference or a trial conference (see Rule 7 (2) (c)) after a certificate of compliance is filed under subrule (42).
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(48) In a claim by a party, other than the filing party, for damages for personal injuries, the party must file at the registry, within 6 months after the filing party served the notice of civil resolution tribunal claim on that party, a certificate of readiness (Form 7) that has attached copies of all
(b) records of expenses or losses incurred or expected.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
(49) A party, other than the filing party, who is not ready to file a 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. 120/2017, Sch. 2, s. 4.]
(50) Within 14 days after filing a certificate of readiness, the party must serve a copy of the certificate and attachments on each of the other parties.
[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]
Rule 2 — Serving a Notice of Claim
(1) The claimant must serve each defendant named in the notice of claim with
(a) the defendant's copy of the notice,
(b) a blank reply form (Form 2),
(c) the claimant's address for service, and
(d) a blank address for service form (Form 38).
[am. B.C. Reg. 191/2021, s. 14.]
(2) If the defendant is an individual, the notice of claim must be served by
(a) leaving a copy of it with the defendant, or
(b) mailing a copy of it by registered mail to the defendant.
[am. B.C. Reg. 188/99, s. 1.]
(3) If the defendant is a company within the meaning of the Business Corporations Act, the notice of claim must be served,
(a) if the company has a registered office,
(i) by delivering a copy of the notice of claim to the delivery address shown for that registered office in the office of the Registrar of Companies, or
(ii) by mailing a copy of the notice of claim by registered mail to the mailing address shown for that registered office in the office of the Registrar of Companies,
(b) if the company's registered office has been eliminated, in the manner ordered by the court, or
(c) in either case, by leaving a copy of the notice of claim
(i) at the place of business of the company, with a receptionist or a person who appears to manage or control the company's business there, or
(ii) with a director, officer, liquidator, trustee in bankruptcy or receiver manager of the company.
[en. B.C. Reg. 428/2004, s. 2.]
(4) If the defendant is an extraprovincial company within the meaning of the Business Corporations Act, the notice of claim must be served
(a) by delivering a copy of it to the delivery address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,
(b) by mailing a copy of it by registered mail to the mailing address shown for the head office of the extraprovincial company in the office of the Registrar of Companies if that head office is in British Columbia,
(c) by mailing a copy of it by registered mail to the mailing address shown in the office of the Registrar of Companies for any attorney appointed for the extraprovincial company under Division 2 of Part 11 of the Business Corporations Act,
(d) by leaving a copy of it with the attorney, or
(e) if no attorney has been appointed, by following subrule (3) (c).
[en. B.C. Reg. 428/2004, s. 2.]
(5) If the defendant is a partnership, the notice of claim must be served by mailing a copy of it by registered mail to a partner, or by leaving a copy of it
(b) at a place of business of the partnership, with a person who appears to manage or control the partnership business there, or
(c) with a receptionist who works at a place of business of the partnership.
[am. B.C. Reg. 188/99, s. 1.]
(6) The provisions in Rule 18 apply if
(a) the defendant is a municipality, a person under 19, a society, an extraprovincial non-share corporation within the meaning of the Societies Act or an unincorporated association including a trade union,
(b) the claimant needs to serve the notice of claim on a person outside British Columbia, or
(c) the claimant is having difficulty serving the defendant.
[am. B.C. Regs. 188/99, s. 1; 212/2015, Sch. 3, s. 2.]
(7) If a notice of claim has not been served within 12 months after it was filed it expires, but the claimant may apply to have it renewed (see Rule 16 (3)).
Rule 3 — Replying to a Claim Made by a Notice of Claim
(1) A defendant who receives a notice of claim may do any one or more of the following:
(a) pay the amount claimed directly to the claimant and ask the claimant to withdraw the claim (see Rule 8);
(b) admit all or part of the claim;
(c) admit all or part of the claim and propose a payment schedule (see Rule 11 (4));
(d) oppose all or part of the claim by listing reasons why the claim is opposed;
(e) make a counterclaim against the claimant (see Rule 4).
[am. B.C. Reg. 148/97, s. 2.]
(2) To do anything set out in subrule (1) (b) to (e), a defendant must complete a reply (Form 2) and an address for service (Form 38), following the instructions on the forms.
[am. B.C. Reg. 191/2021, s. 15.]
(3) A defendant must file a reply and an address for service at the registry where the notice of claim was filed and, except where the defendant has agreed to pay all of the claim, pay the required fee.
[am. B.C. Reg. 191/2021, s. 10.]
(4) If a notice of claim is served on a defendant, the reply must be filed
(a) within 14 days after service if the defendant was served in British Columbia or within 30 days after service if the defendant was served outside British Columbia, and
(b) before the registrar has made a default order or set a date for a hearing.
(5) Within 21 days after a reply and an address for service are filed, the registrar must serve a copy on each of the other parties.
[am. B.C. Reg. 191/2021, s. 11.]
(6) If a defendant admits in a reply all or part of the claim, the claimant may accept the admission in full settlement of the claim, interest and expenses by filing, before the settlement conference, mediation session or trial conference, a payment order in the same terms as the admission.
[en. B.C. Reg. 148/97, s. 2; am. B.C. Reg. 360/2007, s. 2.]
Rule 4 — Making a Claim Against a Claimant
(1) Subject to Rule 1.1 (26), a defendant may make a counterclaim against the claimant in the reply (Form 2) by
(a) following the instructions on the form, and
[en. B.C. Reg. 148/97, s. 3; am. B.C. Reg. 120/2017, Sch. 2, s. 6.]
(2) A counterclaim is served on a claimant when a copy of the reply containing the counterclaim is served under Rule 3 (5).
(3) A claimant who is served with a reply containing a counterclaim may do one or more of the following:
(a) pay the amount of the counterclaim directly to the defendant and ask the defendant to withdraw the counterclaim;
(b) admit all or part of the counterclaim;
(c) admit all or part of the counterclaim and propose a payment schedule (see Rule 11 (4));
(d) oppose all or part of the counterclaim by listing reasons why the counterclaim is opposed.
[en. B.C. Reg. 148/97, s. 4.]
(3.1) To do anything set out in subrule (3) (b) to (d), a claimant must
(a) complete a reply (Form 2) following the instructions on the form,
(b) within 14 days after being served with the counterclaim, file the reply in the registry where the notice of claim or notice of civil resolution tribunal claim was filed, and
(c) pay the required fee unless the claimant has agreed to pay all of the counterclaim.
[en. B.C. Reg. 148/97, s. 4; am. B.C. Reg. 120/2017, Sch. 2, s. 7.]
(3.2) If a claimant admits in a reply all or part of a counterclaim, the defendant may accept the admission in full settlement of the counterclaim, interest and expenses by filing, before the settlement conference, mediation session or trial conference, a payment order in the same terms as the admission.
[en. B.C. Reg. 148/97, s. 4; am. B.C. Reg. 360/2007, s. 2.]
(4) A defendant who has a counterclaim amounting to more than $35 000, not including interest and expenses, may
(a) abandon part of the counterclaim so it may be heard in the court, or
(b) begin an action in the Supreme Court.
[am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 8.]
(5) To abandon part of a counterclaim, the defendant must say on the counterclaim part of the reply that the amount over $35 000 is abandoned.
[am. B.C. Regs. 179/2005, s. (b); 120/2017, Sch. 2, s. 8.]
(6) A defendant who abandons part of a counterclaim may not at any time sue for that part.
(7) A defendant who begins an action in the Supreme Court against a claimant may apply to a Provincial Court judge for an order changing the date of the small claims trial (see Rule 16 (7)).
(8) If the small claims trial is held and a payment order or other order is made against the defendant, the judge may order the claimant not to take any action to enforce the order
(a) until a date set by the judge, or
(b) until a decision is given by the Supreme Court on the defendant's action,
whichever comes first.
(9) If a defendant begins an action in the Supreme Court against a claimant who has abandoned part of a claim under Rule 1 (5), the claimant may withdraw the claim from the Provincial Court and
(a) begin an action in the Supreme Court and claim the higher amount, or
(b) participate in the action begun by the defendant in the Supreme Court and claim the higher amount.
(1) Subject to Rule 1.1 (35), 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
(a) completing a third party notice (Form 3), following the instructions on the form if a settlement conference has not been held, or
(b) applying to a judge for an order permitting a claim to be made against the other person if a settlement conference, mediation session or trial conference has been held (see Rule 16 (7)).
[am. B.C. Regs. 360/2007, s. 3 (a); 120/2017, Sch. 2, s. 9.]
(2) The defendant must file a third party notice at the registry where the notice of claim or the notice of civil resolution tribunal claim was filed and pay the required fee.
[am. B.C. Regs. 146/98, s. 1; 120/2017, Sch. 2, s. 10.]
(2.1) If the third party is a company within the meaning of the Business Corporations Act, the defendant must file with the third party notice a printout of a search showing the mailing address that is shown for the company's registered office in the office of the Registrar of Companies.
[en. B.C. Reg. 428/2004, s. 3.]
(2.2) If the third party is a society within the meaning of the Societies Act, the defendant must file with the third party notice a printout of a search showing the delivery address and mailing address of the society's registered office on file with the Registrar of Companies.
[en. B.C. Reg. 212/2015, Sch. 3, s. 3.]
(3) The defendant must serve the person named as the third party with the following:
(a) a copy of the third party notice;
(c) a copy of the notice of claim or the notice of civil resolution tribunal claim;
(d) a copy of the reply to the notice of claim or the notice of civil resolution tribunal claim;
(e) a copy of the notice of settlement conference, mediation session, trial conference or trial, if one has been issued;
(f) a copy of the documents referred to in Rule 1.1 (8) (a) and (b), if a copy of the notice of civil resolution tribunal claim must be served on the person named as the third party;
(g) a blank address for service form (Form 38);
(h) a copy of each party's address for service.
[am. B.C. Regs. 148/97, s. 5; 360/2007, s. 3 (b); 120/2017, Sch. 2, s. 11; 191/2021, s. 16.]
(4) The defendant must serve the documents referred to in subrule (3) on the third party in the same way as required for service of a notice of claim (see Rule 2).
(5) Within 30 days after filing a third party notice, the defendant must file a certificate of service (Form 4) at the registry to prove that the documents have been served as required, unless the third party has filed a reply.
[am. B.C. Reg. 148/97, s. 5.]
(5.1) If a certificate of service is not filed in accordance with subrule (5), the third party notice expires but the defendant may apply to have it renewed (see Rule 16 (3)).
[en. B.C. Reg. 148/97, s. 5.]
(6) The registrar must serve a copy of the third party notice on each of the other parties within 21 days after it is filed.
(7) To reply to a third party notice, the person named as a third party must follow the rules for replying to a claim (see Rule 3), except that instead of filing a reply (Form 2), the third party must file a reply to third party notice (Form 3.1).
[am. B.C. Reg. 161/2022, s. 5.]
(8) If a third party has been named, a judge may make an order between any of the parties.
(9) If a third party files a reply after a settlement conference or trial conference another settlement conference or trial conference must be held, unless a judge orders otherwise.
[am. B.C. Reg. 360/2007, s. 3 (c).]
Contents | Rules 1 to 5 | Rules 6 to 10.2 | Rules 11 to 15 | Rules 16 to 22 | Schedule A | Schedule B | Schedules C, D and E
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