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.

Completing a notice of claim

(1) To make a claim, a person must complete a notice of claim (Form 1) following the instructions on the form.

If the claim is for more than $25 000

(4) A claimant who has a claim amounting to more than $25 000, 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. Reg. 179/2005, s. (b).]

Abandoning part of a claim

(5) To abandon part of a claim, a claimant must say on the notice of claim that the amount over $25 000 is abandoned.

[am. B.C. Reg. 179/2005, s. (b).]

Completing a notice of claim

(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) following the instructions on the form.

[am. B.C. Reg. 120/2017, Sch. 2, s. 2.]

Filing a notice of claim

(2) A claimant must file a notice of claim and pay the required fee at the Small Claims Registry nearest to where

Completing a notice of civil resolution tribunal claim

(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) following the instructions on the form.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

How does a defendant reply?

(21) To do anything set out in subrule (20) (b) to (e), a defendant must complete a reply (Form 2) following the instructions on the form.

[en. B.C. Reg. 120/2017, Sch. 2, s. 4.]

Where does a defendant file a reply?

(22) A defendant must file a reply 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.]

How a reply is served

(24) Within 21 days after a reply is 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.]

How a reply is served

(33) Within 21 days after a reply is 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.]

(43) A certificate of compliance must contain one of the following statements:

How does a defendant reply?

(2) To do anything set out in subrule (1) (b) to (e), a defendant must complete a reply (Form 2) following the instructions on the form.

Where does a defendant file a reply?

(3) A defendant must file a reply 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.

How a reply is served

(5) Within 21 days after a reply is filed, the registrar must serve a copy on each of the other parties.

(1) A defendant may make a counterclaim against the claimant in the reply (Form 2) by

If a counterclaim is for more than $25 000

(4) A defendant who has a counterclaim amounting to more than $25 000, not including interest and expenses, may

How to abandon part of a counterclaim

(5) To abandon part of a counterclaim, the defendant must say on the counterclaim part of the reply that the amount over $25 000 is abandoned.

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.

(1) 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

(2) The defendant must file a third party notice at the registry where the notice of claim was filed and pay the required fee.

How a third party replies

(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).

(1) If a defendant does not file a reply within the time limit (see Rule 3 (4)), the claimant may ask the registrar for a default order.

(3) To ask for a default order under subrule (1), a claimant must complete Form 5, following the instructions on the form, file it at the registry where the notice of claim was filed, together with a copy of the certificate of service (Form 4) for the notice of claim, and pay the required fee.

(9) In a claim for damages for personal injuries, the claimant must file at the registry, within 6 months after serving the notice of claim and before a settlement conference is held, a certificate of readiness (Form 7) that has attached copies of all

Notice of settlement conference

(3) The registrar must serve a notice of settlement conference (Form 6) on the parties at least 14 days before the date set for the settlement conference.

What the parties must bring

(5) Each party to a claim must bring to the settlement conference all relevant documents and reports.

[en. B.C. Reg. 148/97, s. 7.]

Defendant may request a medical report

(12) 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.

Report to be given to claimant and brought to settlement conference

(13) 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 settlement conference, and

(b) bring a copy of it to the settlement conference.

Transfer of claim to Supreme Court

(1) If satisfied that the monetary outcome of a claim (not including interest and expenses) may exceed $25 000, a judge must transfer the claim to the Supreme Court

(a) on application at any time, or

(b) on the judge's own motion at the settlement conference or trial.

[en. B.C. Reg. 148/97, s. 8; am. B.C. Reg. 179/2005, s. (b).]

Exception

(2) Despite subrule (1), a claim must not be transferred to the Supreme Court if the claimant chooses to abandon the amount over $25 000 so that the claim may be heard in the Provincial Court.

[en. B.C. Reg. 148/97, s. 8; am. B.C. Reg. 179/2005, s. (b).]

Multiple claims

(4) If more than one claimant has filed a notice of claim against the same defendant or defendants with respect to the same event, or if one claimant has filed notices of claim against more than one defendant with respect to the same event, the judge may

(a) hear at one time evidence that relates to all the claims,

(b) apply that evidence to all the claims, and

(c) make a decision in each of the claims,

even though the total monetary outcome of all the claims (not including interest and expenses) is likely to exceed $25 000.

[en. B.C. Reg. 148/97, s. 8; am. B.C. Reg. 179/2005, s. (b).]

Personal injury claims

(3) Before transferring a claim for personal injury to the Supreme Court, a judge must consider any medical or other reports filed or brought to the settlement conference by the parties.

[en. B.C. Reg. 148/97, s. 8.]

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.]

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.]

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.]

Definitions

(1) In this rule:

"disputed claim" means a claim made by way of a notice of claim, counterclaim or third party notice and in respect of which a reply is filed opposing all or part of the claim;

"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;

"mediation registry" means a registry listed in Schedule C;

"mediation session" means a meeting between 2 or more parties to a disputed claim for the purpose of reaching, with the assistance of a mediator, agreement on the issues in dispute;

"mediator" means, in respect of a disputed claim, the individual appointed as the mediator of the disputed claim under subrule (5).

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Regs. 27/2013, Sch. 2, s. 11; 99/2018, Sch. 2, s. 15.]

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 and the reply opposing all or part of the claim, including any counterclaim, is filed in the mediation registry on or before July 30, 2015,

(b) the disputed claim is, with the consent of the parties and on or before July 30, 2015, 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 on or before July 30, 2015 and 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); 135/2015, Sch. 1, s. 1.]

Cases to which this rule does not apply

(3) This rule does not apply to a disputed claim if

(a) the disputed claim falls within the class of cases described in Schedule E, or

(b) the disputed claim amounts to more than $10 000 and is not one to which Rule 8 (13) applies.

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 251/2005, s. 2.]

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,

(c) the claim is withdrawn under Rule 8,

(d) the mediation coordinator has not, on or before July 31, 2015, served under subrule (8) a notice of mediation session, regardless of whether a date for the mediation session has been set under subrule (6) (a) or (7) or set by a judge,

(e) the claim is exempted under subrule (4.1) from the application of this rule, or

(f) a mediation session in relation to the claim is cancelled under subrule (13.1).

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 135/2015, Sch. 1, s. 2.]

Mediation coordinator may exempt claim

(4.1) The mediation coordinator may at any time, and without an application, exempt a claim from the application of this rule if, in the mediation coordinator's opinion, it is unfair or impractical to require mediation.

[en. B.C. Reg. 135/2015, Sch. 1, s. 3.]

Settlement conference or trial if this rule does not apply

(4.2) If this rule ceases to apply to a claim under subrule (4.1), the registrar must set the claim

(a) for settlement conference, if a settlement conference has not been completed, or

(b) for trial, if a settlement conference has been completed.

[en. B.C. Reg. 135/2015, Sch. 1, s. 3.]

Repealed

(5)-(21) Repealed. [B.C. Reg. 135/2015, Sch. 2, s. 1.]

If a party does not attend

(22) If a party does not attend a mediation session,

(a) the mediator must

(i) complete a verification of non-attendance (Form 22) in accordance with the instructions on the form, and

(ii) give the completed form to the parties attending, and

(b) any one of the parties attending the mediation session may file the completed verification of non-attendance with the registrar.

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 286/2005, s. 1 (a).]

What the registrar will do if a claimant does not attend

(23) If a verification of non-attendance is filed in relation to a claimant in a disputed claim,

(a) the defendant in the disputed claim may, by filing a request for judgment or for dismissal (Form 23) and paying the required fee, ask the registrar to make an order dismissing the claim of that claimant, and

(b) the registrar may make an order dismissing the claim of that claimant.

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 248/2006, s. 1 (g).]

What the registrar will do if a defendant does not attend

(24) If a verification of non-attendance is filed in relation to a defendant in a disputed claim, other than a claim made by way of counterclaim or third party notice,

(a) the claimant may, by filing a request for judgment or for dismissal and paying the required fee, ask the registrar to proceed under these rules as if

(i) the defendant had not filed a reply, and

(ii) the claimant had completed the steps in Rule 6 (3), and

(b) the registrar must either make a default order under Rule 6 (4) or set a date under Rule 6 (5) for a hearing before a judge.

[en. B.C. Reg. 172/2003, s. 2.]

What happens if the defendant to counterclaim or third party notice does not attend

(25) If a verification of non-attendance is filed in relation to a defendant under a counterclaim or under a third party notice, the party bringing the counterclaim or third party notice may apply under Rule 16 (7) for a default order under Rule 16 (6) (c).

[en. B.C. Reg. 172/2003, s. 2.]

If no party attends

(26) If no party attends a mediation session,

(a) the mediator must complete a verification of non-attendance in accordance with the instructions on the form, and file the completed form in the mediation registry, and

(b) the registrar must make an order dismissing each disputed claim.

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Regs. 286/2005, s. 1 (b); 248/2006, s. 1 (h).]

Cancellation of a dismissal or default order

(27) A party against whom an order is made under subrule (23) (b), (24) (b) or (26) (b) for not attending a mediation session may apply under Rule 16 (7) to a judge to cancel the order, and the judge may cancel the order under Rule 16 (6) (j).

[en. B.C. Reg. 172/2003, s. 2.]

What application must contain

(28) A party seeking an order under subrule (27) must attach to the application an affidavit containing the following:

(a) the reason for not attending the mediation session;

(b) the reason for any delay, if there has been delay in filing the application;

(c) the facts that support the claim or defence.

[en. B.C. Reg. 172/2003, s. 2.]

If a judge cancels a dismissal or default order

(29) A judge who cancels a dismissal order or default order made under this rule may also do one or more of the following:

(a) Repealed. [B.C. Reg. 135/2015, Sch. 1, s. 4.]

(b) order the payment of any expenses incurred by the party or parties who did attend;

(c) order that the claim proceed to a settlement conference or trial;

(d) make any other order that the judge considers appropriate in the circumstances.

[en. B.C. Reg. 172/2003, s. 2; am. B.C. Reg. 135/2015, Sch. 1, s. 4.]

If the parties reach agreement on all or some issues

(30) If, on or before October 30, 2015, 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; am. B.C. Reg. 135/2015, Sch. 1, s. 5.]

If payment terms are not complied with

(31) If a party fails to comply with a provision of a filed mediation agreement, the party not in default may, if that provision required a payment of money,

(a) file an affidavit of non-compliance, and

(b) after that, file a payment order for

(i) the amount specified in the mediation agreement less any amount already paid in compliance with the mediation agreement, or

(ii) if no amount was specified in the mediation agreement, for the amount of the claim less any amount already paid in compliance with the mediation agreement.

[en. B.C. Reg. 172/2003, s. 2.]

If other terms are not complied with

(32) If a party fails to comply with a provision of a filed mediation agreement and that provision was not one requiring a payment of money, the party not in default may

(a) if the mediation agreement establishes an amount of liquidated damages that is to be payable in the event of such a default, file an affidavit of non-compliance and a payment order for that amount, or

(b) if the mediation agreement does not establish a liquidated damages amount in relation to the breached provision, seek a mediation compensation order (Form 26) under Rule 16 (6) (f.2).

[en. B.C. Reg. 172/2003, s. 2.]

Mediation compensation order

(33) A judge may make a mediation compensation order under subrule (32) (b) if a party applies for that order (see Rule 16 (7)) and attaches to the application an affidavit of non-compliance.

[en. B.C. Reg. 172/2003, s. 2.]

If a dispute is not resolved

(34) If, on or before October 30, 2015, the parties do not reach agreement at mediation on all the issues,

(a) on or before November 30, 2015, 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; am. B.C. Reg. 135/2015, Sch. 1, s. 6.]

Confidentiality and compellability

(35) Subject to subrules (36) and (37), a person must not disclose, or be compelled to disclose, in any proceeding oral or written information acquired in or in connection with a mediation session.

[en. B.C. Reg. 172/2003, s. 2.]

Exceptions

(36) Subrule (35) does not apply

(a) in respect of any information, opinion, document, offer or admission that all of the parties agree in writing may be disclosed,

(b) to any mediation agreement made during or in connection with a mediation session,

(c) to any threats of bodily harm made in or in connection with a mediation session, or

(d) to any information that does not identify the parties and that is disclosed for research or statistical purposes only.

[en. B.C. Reg. 172/2003, s. 2.]

No restriction on otherwise producible information

(37) Nothing in this rule precludes a party from introducing into evidence in any proceeding any information or records produced in the course of the mediation that are otherwise producible or compellable in those proceedings.

[en. B.C. Reg. 172/2003, s. 2.]

When Notice to Mediate for Claims Between $10 000 and $25 000 must be delivered

(6) Unless the court orders otherwise, a Notice to Mediate for Claims Between $10 000 and $25 000 must not be filed and delivered under subrule (5) until a reply has been filed in the proceeding.

(9) The parties must jointly appoint a mutually acceptable mediator within 14 days after the Notice to Mediate for Claims Between $10 000 and $25 000 has been delivered to all parties.

(18) In the case of a motor vehicle action, the party who delivers a Notice to Mediate for Claims Between $10 000 and $25 000 under subrule (5) and each of the following parties must attend the mediation session unless exempted from attending under subrule (29):

Mediator's role

(15) The mediator may conduct the mediation session at the location and in any manner he or she considers appropriate to assist the parties to reach a resolution that is fair, timely and cost-effective.

[en. B.C. Reg. 251/2005, s. 3.]

Mediation by telephone

(24) One or more of the persons who are required or permitted to attend a mediation session under subrule (17), (18) or (23) may attend the mediation session by telephone if

Application for mediation by telephone

(25) The registrar may authorize one or more of the persons who are required or permitted to attend a mediation session under subrule (17), (18) or (23) to attend the mediation session by telephone if an application for that authorization 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 person 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. 251/2005, s. 3.]

(24) One or more of the persons who are required or permitted to attend a mediation session under subrule (17), (18) or (23) may attend the mediation session remotely if

Application to attend mediation remotely

(25) The registrar may authorize one or more persons who are required or permitted to attend a mediation session under subrule (17), (18) or (23) to attend the mediation session remotely if an application for that authorization is made to the registrar under Rule 16 (3) at least 7 days before the date set for the mediation session.

[en. B.C. Reg. 191/2021, s. 19.]

If application is granted

(27) If an application under subrule (25) or (26) is granted, the registrar

(a) may order that the persons who are required or permitted to attend the mediation session under subrule (17), (18) or (23) send to the mediator, before the mediation session, all documents and reports that are relevant to the dispute, and

(b) may order the person requesting to attend the mediation remotely to pay for the telephone call, video conference or other cost of that person's remote attendance.

[en. B.C. Reg. 251/2005, s. 3; am. B.C. Reg. 191/2021, s. 21.]

If the parties reach agreement on all or some issues

(39) If the parties reach an agreement at mediation on all or some issues,

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.]

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.]

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.]

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.]

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 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.]

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.]

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.]

Definitions

(1) In this rule:

"mediation registry" means the Robson Square Small Claims Registry (Vancouver);

"mediation session" means a meeting between 2 or more parties to a claim for the purpose of reaching, with the assistance of a mediator, agreement on the issues in dispute;

"mediator" means, in respect of a claim, the individual appointed as the mediator of the claim under subrule (9).

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Regs. 27/2013, Sch. 2, s. 12; 183/2014, s. 1; 244/2015, Sch. 3, s. 2.]

Claims to which this rule applies

(2) Subject to subrule (3), this rule applies to a claim if the claim is ordered under Rule 7.5 (14) (k) to be set for mediation under this rule or if

(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, on or before December 31, 2015, replies opposing all or part of the claim,

(b) the amount claimed in the notice of claim that started the proceeding is

(i) for more than $5 000, not including interest and expenses, or

(ii) for $5 000 or less, not including interest and expenses, and the claim is for damages for personal injury, and

(c) after November 25, 2007,

(i) the notice of claim that started the proceeding was filed at the mediation registry, or

(ii) the court file relating to the claim was transferred to the mediation registry.

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 244/2015, Sch. 1, s. 1.]

Claims to which this rule does not apply

(3) This rule does not apply to a claim if

(a) the claim involves a party who has obtained against another party

(i) a protection order under section 183 of the Family Law Act, or

(ii) a peace bond under section 810 of the Criminal Code,

(b) the claimant, defendant and cause of action are the same as the plaintiff, defendant and cause of action in an action brought in the Supreme Court, or

(c) Rule 9.2 applies to the claim, unless an order is made under Rule 9.2 (13) (c) that the claim be set for mediation under this rule.

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 358/2012, s. 2.]

When this rule ceases to apply

(4) This rule ceases to apply to a claim if

(a) the court file relating to the claim is transferred to another registry,

(b) the claim is exempted under subrule (5) or (7) (a) from the application of this rule,

(c) the registrar has not, on or before February 1, 2016, served under subrule (17) a notice of mediation session, regardless of whether a date for the mediation session has been set under subrule (11) or set by a judge, or

(d) a mediation session in relation to the claim is cancelled under subrule (22.1).

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 244/2015, Sch. 1, s. 2.]

Repealed

(5)-(7) Repealed. [B.C. Reg. 244/2015, Sch. 3, s. 3.]

Settlement conference if this rule does not apply

(8) The registrar must set a claim for a settlement 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), (c) or (d).

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 244/2015, Sch. 3, s. 4.]

Repealed

(9)-(30) Repealed. [B.C. Reg. 244/2015, Sch. 3, s. 6.]

If a party does not attend

(31) If a party does not attend a mediation session,

(a) the mediator must

(i) complete a verification of non-attendance (Form 22) in accordance with the instructions on the form, and

(ii) give the completed form to the parties attending, and

(b) any one of the parties attending the mediation session may file the completed verification of non-attendance in the mediation registry.

[en. B.C. Reg. 360/2007, s. 7.]

What the registrar will do if a claimant does not attend

(32) If a verification of non-attendance is filed in relation to a claimant in a claim,

(a) the defendant in the claim may, by filing a request for judgment or for dismissal (Form 23) and paying the required fee, ask the registrar to make an order dismissing the claim of that claimant, and

(b) the registrar may make an order dismissing the claim of that claimant.

[en. B.C. Reg. 360/2007, s. 7.]

What the registrar will do if a defendant does not attend

(33) If a verification of non-attendance is filed in relation to a defendant in a claim, other than a claim made by way of counterclaim or third party notice,

(a) the claimant may, by filing a request for judgment or for dismissal and paying the required fee, ask the registrar to proceed under these rules as if

(i) the defendant had not filed a reply, and

(ii) the claimant had completed the steps in Rule 6 (3), and

(b) the registrar must either make a default order under Rule 6 (4) or set a date under Rule 6 (5) for a hearing before a judge.

[en. B.C. Reg. 360/2007, s. 7.]

What happens if the defendant to counterclaim or third party notice does not attend

(34) If a verification of non-attendance is filed in relation to a defendant under a counterclaim or under a third party notice, the party bringing the counterclaim or third party notice may apply for a default order under Rule 16 (6) (c) (see Rule 16 (7)).

[en. B.C. Reg. 360/2007, s. 7.]

If no party attends

(35) If no party attends a mediation session,

(a) the mediator must complete a verification of non-attendance in accordance with the instructions on the form, and file the completed form in the mediation registry, and

(b) the registrar must make an order dismissing each claim.

[en. B.C. Reg. 360/2007, s. 7.]

Cancellation of a dismissal or default order

(36) A party against whom an order is made under subrule (32) (b), (33) (b) or (35) (b) for not attending a mediation session may apply to a judge to cancel the order (see Rule 16 (7)), and the judge may cancel the order under Rule 16 (6) (j).

[en. B.C. Reg. 360/2007, s. 7.]

What application must contain

(37) A party seeking an order under subrule (36) must attach to the application an affidavit containing the following:

(a) the reason for not attending the mediation session;

(b) the reason for any delay, if there has been delay in filing the application;

(c) the facts that support the claim or defence.

[en. B.C. Reg. 360/2007, s. 7.]

If a judge cancels a dismissal or default order

(38) A judge who cancels a dismissal order made under subrule (32) (b) or (35) (b) or a default order made under subrule (33) (b) may also do one or more of the following:

(a) Repealed. [B.C. Reg. 244/2015, Sch. 1, s. 4 (a).]

(b) order the payment of any expenses incurred by the party or parties who did attend;

(c) order that the claim be set for a settlement conference;

(d) make any other order that the judge considers appropriate in the circumstances.

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 244/2015, Sch. 1, s. 4.]

If the parties reach agreement on all or some issues

(39) If, on or before April 30, 2016, 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. 360/2007, s. 7; am. B.C. Reg. 244/2015, Sch. 1, s. 5.]

If payment terms are not complied with

(40) If a party fails to comply with a provision of a filed mediation agreement, the party not in default may, if that provision required a payment of money,

(a) file an affidavit of non-compliance, and

(b) after that, file a payment order (Form 10) for

(i) the amount specified in the mediation agreement less any amount already paid in compliance with the mediation agreement, or

(ii) if no amount was specified in the mediation agreement, for the amount of the claim less any amount already paid in compliance with the mediation agreement.

[en. B.C. Reg. 360/2007, s. 7.]

If other terms are not complied with

(41) If a party fails to comply with a provision of a filed mediation agreement and that provision was not one requiring a payment of money, the party not in default may

(a) if the mediation agreement establishes an amount of liquidated damages that is to be payable in the event of such a default, file an affidavit of non-compliance and a payment order (Form 10) for that amount, or

(b) if the mediation agreement does not establish a liquidated damages amount in relation to the breached provision, seek a mediation compensation order (Form 26) under Rule 16 (6) (f.2).

[en. B.C. Reg. 360/2007, s. 7.]

Mediation compensation order

(42) A judge may make a mediation compensation order under subrule (41) (b) if a party applies for that order (see Rule 16 (7)) and attaches to the application an affidavit of non-compliance.

[en. B.C. Reg. 360/2007, s. 7.]

If a dispute is not resolved

(43) If, on or before April 30, 2016, the parties do not reach agreement at mediation on all the issues,

(a) on or before April 30, 2016, 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; am. B.C. Reg. 244/2015, Sch. 1, s. 6.]

Confidentiality and compellability

(44) Subject to subrules (45) and (46), a person must not disclose, or be compelled to disclose, in any proceeding oral or written information acquired in or in connection with a mediation session.

[en. B.C. Reg. 360/2007, s. 7.]

Exceptions

(45) Subrule (44) does not apply

(a) in respect of any information, opinion, document, offer or admission that all of the parties agree in writing may be disclosed,

(b) to any mediation agreement made during or in connection with a mediation session,

(c) to any threats of bodily harm made in or in connection with a mediation session, or

(d) to any information that does not identify the parties and that is disclosed for research or statistical purposes only.

[en. B.C. Reg. 360/2007, s. 7.]

No restriction on otherwise producible information

(46) Nothing in this rule precludes a party from introducing into evidence in any proceeding any information or records produced in the course of the mediation that are otherwise producible or compellable in those proceedings.

[en. B.C. Reg. 360/2007, s. 7.]

Trial conference

(2) Before a trial date is set, a trial conference will be held on the date and at the time and place set by the registrar.

[en. B.C. Reg. 360/2007, s. 7.]

When a party is not required to attend

(12) A party is not required to attend the trial conference in person if a person attends on behalf of the party in accordance with subrule (11) (b), (c) or (d).

[en. B.C. Reg. 360/2007, s. 7.]

If a defendant or third party does not attend

(17) If a defendant or third party does not attend the trial conference, either personally or by a representative, the judge may

If a claimant does not attend

(18) If a claimant does not attend the trial conference, either personally or by a representative, the judge may dismiss the claim.

[en. B.C. Reg. 360/2007, s. 7.]

Trial conference

(2) Before a trial date is set, unless the setting of a trial date is otherwise ordered by a judge, a trial conference will be held on the date and at the time and place set by the registrar.

[en. B.C. Reg. 360/2007, s. 7; am. B.C. Reg. 267/2018, s. 8.]

Defendant may request a medical report

(13.1) 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. 120/2017, Sch. 2, s. 24.]

Medical report to be given to claimant and brought to trial conference

(13.2) 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 trial conference, and

(b) bring a copy of it to the trial conference.

[en. B.C. Reg. 120/2017, Sch. 2, s. 24.]

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.]

(1) Anything in a notice of claim, reply or other document that has been filed by a party may be changed by that party

(3.1) A party who is served with a revised notice of claim, counterclaim or third party notice

Claimant can change amount of claim

(7) A claimant who filed a notice of claim before September 1, 2005 may change that notice of claim to increase the amount of the claim to an amount that is more than $10 000 and not more than $25 000, not including interest and expenses, whether or not the claimant had, in that notice of claim, abandoned part of the claim in accordance with Rule 1 (5).

[en. B.C. Reg. 251/2005, s. 4.]

Defendant can change amount of counterclaim

(8) A defendant who filed a reply that contained a counterclaim before September 1, 2005 may change that reply to increase the amount of the counterclaim to an amount that is more than $10 000 and not more than $25 000, not including interest and expenses, whether or not the defendant had, in that reply, abandoned part of the counterclaim in accordance with Rule 4 (5).

[en. B.C. Reg. 251/2005, s. 4.]

What the judge or justice of the peace may do when witness appears

(9) If the witness's evidence is still required

(a) a judge or justice of the peace may release the witness on conditions set by the judge or justice of the peace, or

(b) a judge may order the witness to be detained until his or her presence is no longer required.

Travelling expenses

(2) At the time the summons is served, the party summoning the witness must offer the witness reasonable estimated travelling expenses.

Witness may be ordered to attend remotely

(3.1) A party or a witness may apply to a judge, including a judge other than the trial judge, who may order a witness to attend court remotely.

[en. B.C. Reg. 191/2021, s. 25.]

Trial judge may vary order to attend remotely

(3.2) Even though a judge has ordered a witness to attend court remotely under subrule (3.1), the trial judge may order a witness to attend in person or in another manner that the trial judge considers appropriate in the circumstances.

[en. B.C. Reg. 191/2021, s. 25.]

Summons may be cancelled

(5) A person who is served with a summons to witness may apply to a judge (see Rule 16 (7)) who may cancel the summons if

(a) the person is not needed as a witness, or

(b) it would be a hardship for the person to attend court as required by the summons.

Claims to which this rule applies

(2) Subject to subrule (3), this rule applies to a claim if

(a) the claim is made by way of a notice of claim, counterclaim or third party notice and in respect of which a reply is filed opposing all or part of the claim,

(b) the amount claimed in the notice of claim that started the proceeding is $5 000 or less (not including interest and expenses),

(c) the amount claimed in any counterclaim is $5 000 or less (not including interest and expenses), and

(d) after November 25, 2007,

(i) the notice of claim that started the proceeding was filed at the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry, or

(ii) the court file relating to the claim was transferred to the Robson Square Small Claims Registry (Vancouver) or Richmond Small Claims Registry.

[en. B.C. Reg. 360/2007, s. 9.]

If the claim is for more than $5 000

(5) A claimant who has a claim amounting to more than $5 000, not including interest and expenses, may abandon part of the claim so that the balance of the claim may be heard under this rule.

[en. B.C. Reg. 360/2007, s. 9.]

(6) To abandon part of a claim, a claimant must say on the notice of claim that the amount over $5 000 is abandoned.

(7) Subject to subrule (11), a claimant who abandons part of a claim under subrule (6) may not at any time sue for that part.

If a counterclaim is for more than $5 000

(8) A defendant who has a counterclaim amounting to more than $5 000, not including interest and expenses, may abandon part of the claim so it may be heard under this rule.

(9) To abandon part of a counterclaim, the defendant must say on the counterclaim part of the reply that the amount over $5 000 is abandoned.

(10) A defendant who abandons part of a counterclaim may not at any time sue for that part.

(11) If this rule does not apply to a claim because the defendant has a counterclaim amounting to more than $5 000 and does not abandon part of the claim so that it may be heard under this rule, the claimant may sue for the whole amount to which the claimant may be entitled.

Definition

(1) In this rule, "adjudicator" means a judge or justice of the peace.

[en. B.C. Reg. 360/2007, s. 9.]

If a defendant or third party does not attend

(26) If a defendant or third party does not attend the trial, either personally or by a representative, the adjudicator may

If a claimant does not attend

(27) If a claimant does not attend the trial, either personally or by a representative, the adjudicator may dismiss the claim.

[en. B.C. Reg. 360/2007, s. 9.]

Application of other rules

(31) For the purposes of applying Rules 8, 9, 11, 12, 16, 17 and 20 to a claim to which this rule applies, a reference in Rules 8 (1) (b) and (6), 9 (5) and (6), 11, 12 (2) (c), 16 (6) (g) and (o), 17 (14) and (15) and 20 to a "judge" must be read as a reference to an "adjudicator".

[en. B.C. Reg. 360/2007, s. 9.]

If a defendant or third party does not attend

(11) If a defendant or third party does not attend the trial, either personally or by a representative, the adjudicator may

If a claimant does not attend

(12) If a claimant does not attend the trial, either personally or by a representative, the adjudicator may dismiss the claim.

[en. B.C. Reg. 360/2007, s. 9.]

What the parties must file before the trial

(7) At least 14 days before the date set for the trial, each party must file at the registry any contracts, statements of account, proofs of payment or other documents upon which the party will rely at the trial.

[en. B.C. Reg. 360/2007, s. 9.]

If a defendant does not attend

(9) If a defendant or third party does not attend the trial, either personally or by a representative, the judge may

If a claimant does not attend

(10) If a claimant does not attend the trial, either personally or by a representative, the judge may dismiss the claim.

Claims to which this rule does not apply

(0.1) This rule does not apply to a claim if Rule 9.1 applies to the claim.

[en. B.C. Reg. 360/2007, s. 11 (a).]

When an order for seizure and sale may be issued

(12) The registrar may issue an order for seizure and sale (Form 11) if a creditor completes the form, following the instructions on the form, and files it at the registry.

[en. B.C. Reg. 148/97, s. 12.]

Purpose of a payment hearing

(1) The purpose of a payment hearing is to allow a judge or justice of the peace to

A payment schedule may be ordered

(13) After hearing the evidence and submissions by the parties, the judge or justice of the peace may order a payment schedule specifying

If a creditor does not attend

(14) If a creditor does not attend a payment hearing, the judge or justice of the peace may hold the hearing, cancel it or postpone it.

[am. B.C. Reg. 148/97, s. 12.]

If someone summoned or ordered to attend does not attend

(15) If a creditor asks, a judge or justice of the peace may issue a warrant (Form 9) for the arrest of a person who does not attend a payment hearing and who was

(a) served with a summons to attend, or

(b) ordered in person by a judge or justice of the peace to attend.

[am. B.C. Reg. 148/97, s. 12.]

How a creditor asks for a payment hearing

(3) To ask for a payment hearing, a creditor must complete a summons (Form 12), following the instructions on the form, and file it at the registry.

If the debtor is a company

(5) If the debtor is a company, an officer, director or employee of the company may be summoned to the payment hearing.

Service of the summons

(7) A person named in a summons to a payment hearing must be served by leaving the summons with the person at least 7 days before the date of the payment hearing.

What a person must bring

(9) A debtor or the person summoned may be required, either by a summons issued under subrule (3) or by the judge when ordering a payment hearing, to bring to the payment hearing any records and other things that relate to the subjects listed in subrule (12).

If a debtor asks for a payment hearing

(10) To ask for a payment hearing, a debtor must complete a notice (Form 13), following the instructions on the form, and file it at the registry.

Service of notice on creditor

(11) The debtor must serve the notice on the creditor at least 7 days before the date of the payment hearing.

If the debtor is a company

(3) If the debtor is a company, an officer, director or employee of the company may be summoned to the default hearing.

Service of the summons

(5) A person named in a summons to a default hearing must be served by a court bailiff or sheriff leaving the summons with the person at least 7 days before the date of the default hearing.

What a person must bring

(6) A person who is served with a summons to a default hearing must bring to the hearing any records and other things required by the summons.

What a judge or justice of the peace may do

(5) If a person attends court voluntarily under subrule (2) or under arrest under subrule (3), the judge or justice of the peace may release the person and may order the person to attend on another date.

(7) To apply for an order listed in subrule (6), a party must complete an application (Form 17), following the instructions on the form, and file it at the registry where the court file is unless the registrar allows the application to be filed at another registry (see subrule (8)).

(8) A registrar may allow an application under subrule (7) to be filed at another registry if

(9) At least 7 days before the date set for hearing an application under subrule (7), the applicant must serve a copy of the application, and the affidavit if required (see Rule 17 (2)), on each party that would be affected by the order requested unless the application is for a default order because no reply to a third party notice has been filed.

(11) An application under subrule (7) will be heard at the court served by the registry where the court file is, except that the registrar may allow it to be heard at another location of the court if

(1) A registrar may make an order that all parties to a claim consent to if one of them

How to apply to a registrar

(3) To apply for an order listed in subrule (2), a party must complete an application (Form 16), following the instructions on the form, and file it at the registry.

How to apply to a judge

(7) To apply for an order listed in subrule (6), other than subrule (6) (n.1), a party must complete an application (Form 17), following the instructions on the form, and file it at the registry where the court file is unless the registrar allows the application to be filed at another registry (see subrule (8)).

[am. B.C. Reg. 120/2017, Sch. 2, s. 43.]

How to apply to a judge — subrule (6) (n.1)

(7.1) To apply for an order under subrule (6) (n.1), a party must complete an application for deposit (Form 35), following the instructions on the form, and file it at the registry where the court file is unless the registrar allows the application to be filed at another registry (see subrule (8)).

[en. B.C. Reg. 120/2017, Sch. 2, s. 44.]

(8) A registrar may allow an application under subrule (7) or (7.1) to be filed at another registry if

How to apply for an order that civil resolution tribunal not adjudicate claim

(1) To apply for an order, under section 12.1 of the Civil Resolution Tribunal Act, that the civil resolution tribunal not adjudicate a tribunal small claim, a party must complete an application for exemption (Form 36) following the instructions on the form.

[en. B.C. Reg. 120/2017, Sch. 2, s. 46.]

How to apply for an order that civil resolution tribunal not adjudicate claim

(1) To apply for an order, under section 16.2 of the Civil Resolution Tribunal Act, that the civil resolution tribunal not adjudicate a tribunal small claim, a party must complete an application for exemption (Form 36) following the instructions on the form.

[en. B.C. Reg. 120/2017, Sch. 2, s. 46; am. B.C. Reg. 267/2018, s. 12.]

Time limit for filing application

(3) The application for exemption must be filed within 14 days after the date that a response under section 7 of the Civil Resolution Tribunal Act in respect of the tribunal small claim was received or made by the applicant.

[en. B.C. Reg. 120/2017, Sch. 2, s. 46.]

Documents to be filed with the application

(4) The applicant must file with the application for exemption the following documents in respect of all tribunal small claims that were to be resolved in a single proceeding before the civil resolution tribunal:

Hearings by telephone

(7) In addition to conducting the hearing of the application by telephone under Rule 17 (16), a judge may conduct the hearing of the application, except if sworn evidence may be required, by telephone, if

(a) all parties consent, or

(b) the registrar is satisfied that no prejudice will be suffered by any party as a result of having the hearing conducted by telephone.

[en. B.C. Reg. 120/2017, Sch. 2, s. 46.]

(17) A registrar may accept for filing any document, except a notice of claim or a reply, that has been transmitted to the registry by a fax machine.

Hearings by telephone

(16) A registrar, justice of the peace or judge may conduct a hearing, except a trial or a hearing where sworn evidence may be required, by telephone, if

(a) the party requesting the telephone hearing does not reside or carry on business within a reasonable distance from the court location where the hearing is to occur, or

(b) exceptional circumstances exist.

[en. B.C. Reg. 148/97, s. 15.]

Application for telephone hearing

(16.1) An application for a hearing by telephone must be made under Rule 16 (3) to a registrar and, if granted, the registrar

(a) must order that all documents relevant to the hearing be sent to the court and the other parties before the hearing, and

(b) may order that the telephone call be made at the expense of the party requesting the telephone hearing.

[en. B.C. Reg. 148/97, s. 15.]

Judge may cancel, postpone or adjourn trials and hearings

(5) A judge may cancel, postpone or adjourn a settlement conference, trial or hearing

Judge may change place of a trial or hearing

(6) A judge may direct that a trial or hearing that is set for one place be held at another place.

Chief judge may change place of conferences and trials

(7) The chief judge may order that any and all settlement conferences, trial conferences and trials set at one place be heard at another place.

[am. B.C. Reg. 360/2007, s. 15 (c).]

Judge may extend or shorten times

(12) At any time, a judge may extend or shorten a time limit set by these rules or by any order of the court, on the terms that the judge thinks are fair.

Hearings may be conducted virtually

(16) A conference, hearing or mediation session may be conducted virtually.

[en. B.C. Reg. 191/2021, s. 36.]

Application for remote trial, payment hearing or default hearing

(16.2) An application to remotely attend a trial, payment hearing or default hearing must be made to a judge under Rule 16 (7).

[en. B.C. Reg. 191/2021, s. 36.]

Application for remote hearing

(16.1) An application to remotely attend a conference or hearing, other than a trial, payment hearing or default hearing, must be made under Rule 16 (3) to a registrar and, if granted, the registrar

(a) must order that all documents relevant to the conference or hearing be sent to the court and the other parties before the conference or hearing, and

(b) may order the person requesting to attend the conference or hearing remotely to pay for the telephone call, video conference or other cost of that person's remote attendance.

[en. B.C. Reg. 191/2021, s. 36.]

Parties may be required to appear in person

(16.3) A registrar, justice or judge who is conducting a conference or hearing virtually may adjourn the conference or hearing at any time and require participants to appear in person.

[en. B.C. Reg. 191/2021, s. 36.]

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).

How to serve a notice of claim on a municipality

(1) If a defendant is a municipal corporation, regional district or other local government body, the notice of claim must be served by giving a copy to the clerk, deputy clerk or some similar official.

How to serve a notice of claim on a young person

(2) If a defendant is under 19 years of age, the notice of claim must be served by leaving a copy of the notice with the defendant's mother, father or guardian unless a judge orders otherwise.

(3) If the defendant is a society within the meaning of the Societies Act, the notice of claim must be served

(4) If the defendant is an extraprovincial non-share corporation within the meaning of the Societies Act, the notice of claim must be served

(5) If the defendant is an unincorporated association, including a trade union, the notice of claim must be served

Service of a notice of claim outside British Columbia

(6) A notice of claim may be served on a person outside British Columbia if

(6.1) A notice of claim authorized under subrule (6) to be served on a corporation outside British Columbia must be served

(9) If another method of service is permitted, a copy of the registrar's order must be served with the notice of claim unless the registrar

(10) A notice of claim that is served as permitted by a registrar's order is validly served.

Change of address

(16) A party must promptly notify, in writing, the registrar and all other parties of any change in the party's address.

Address for service

(17) A party must, on the claim or reply, give the party's address for service which must be

(a) the party's residence, place of business or solicitor's office, if the party is not incorporated and not a partnership, or

(b) its registered office, place of business or solicitor's office if the party is incorporated or is a partnership.

How to serve a notice of claim or notice of civil resolution tribunal claim on a young person

(2) If a defendant is under 19 years of age, the notice of claim or notice of civil resolution tribunal claim must be served by leaving a copy of the notice with the defendant's mother, father or guardian unless a judge orders otherwise.

[am. B.C. Reg. 120/2017, Sch. 2, s. 48.]

Time limits on a notice of claim served outside British Columbia

(7) Before a notice of claim is served outside British Columbia, the claimant must put the time limit for filing a reply from outside British Columbia on the notice of claim (see Rule 3 (4)) and file a copy, with that time limit on it, at the registry.

Time limits on a notice of civil resolution tribunal claim served outside British Columbia

(7.1) Before a notice of civil resolution tribunal claim is served outside British Columbia, the claimant must put the time limit for filing a reply from outside British Columbia on the notice of civil resolution tribunal claim (see Rule 1.1 (23)) and file a copy, with that time limit on it, at the registry.

[en. B.C. Reg. 120/2017, Sch. 2, s. 49.]

(12) Any document may be served on a person

When service by mail is effected

(13) A document that is served by ordinary mail is presumed to have been served 14 days after it was mailed unless there is evidence to the contrary.

Written proof of service

(14) Service of a document may be proved by filing the following at the registry:

(a) for personal service of a document except a summons to a payment hearing, a certificate of service (Form 4), with a copy of the document attached;

(b) for service by registered mail, a certificate of service (Form 4) with attached to the certificate

(i) a copy of the document, and

(ii) one of the following:

(A) a copy, produced by fax or otherwise, of the signature obtained by Canada Post at the time the document was delivered;

(B) a print-out of the delivery confirmation made available on the Internet by Canada Post;

(c) for service by ordinary mail, a certificate of service (Form 4), with a copy of the document attached;

(c.1) for service by email, a certificate of service (Form 4) with the following attached to the certificate:

(i) a printout of the first page of the email message that includes the sender's name, the recipient's email address, the date the email was sent and the time the email was sent;

(ii) if the printout of the first page of the email message does not list the name of the document as an attachment to the email, a copy of the document;

(d) for personal service on a lawyer or articled student, a copy of the document signed by the lawyer or student or by a partner or employee of the firm;

(e) for personal service of a summons to a payment hearing, an affidavit of service.

[am. B.C. Regs. 148/97, s. 16; 188/99, s. 2; 191/2021, s. 38.]

Oral proof of service

(15) Instead of requiring proof of service under subrule (14), a judge or registrar may allow a person to prove by sworn oral evidence that the person has personally served a document.

If document does not reach a person

(19) If a document was served by email in accordance with Rule 18 (12) (c), a person may show, on an application to set aside the consequences of default, on an application for an extension of time or on an application in support of a request for an adjournment, that the document

(a) did not come to the person's notice,

(b) came to the person's notice later than when it was served or effectively served, or

(c) was incomplete or illegible.

[en. B.C. Reg. 191/2021, s. 41.]

Transition

(20) If a person wishes to file a document and has not yet given an address for service (Form 38), the person must also file an address for service and serve a copy on each of the other parties.

[en. B.C. Reg. 191/2021, s. 41.]

Application of Supreme Court Civil Rules

(1) Rules 4-2 (6) and 23-3 (1) to (3), (4) (a), (6) to (11), (12) to (14) and (16) to (18) of the Supreme Court Civil Rules apply to a claim under these rules.

[en. B.C. Reg. 146/2010, s. 3.]

1   For the purposes of Rule 7.2, the Small Claims Registries at the following locations are mediation registries:

(a) Nanaimo;

(b) Robson Square, Vancouver, but only in respect of a disputed claim for which the notice of claim that started the proceeding was filed at Robson Square before November 26, 2007;

(c) Surrey;

(d) North Vancouver;

(e) Victoria.

1   All cases (referred to in this Schedule as construction cases) that involve a claim, whether for debt or other than debt, relating to the construction, improvement or renovation of a building.

2   The cases in respect of which, in any month,

(a) the first 16 replies are filed in the Nanaimo Small Claims Registry,

(b) Repealed. [B.C. Reg. 360/2007, s. 18.]

(c) the first 15 replies are filed in the Surrey Small Claims Registry,

(d) the first 15 replies are filed in the Victoria Small Claims Registry, and

(e) the first 10 replies are filed in the North Vancouver Small Claims Registry.

3   Replies relating to construction cases and cases to which Rule 7.2 (2) (b) and (c) apply are not to be counted for the purposes of item 2.

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.