Consent orders

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

(a) files an application that contains the particulars of the order requested, and

(b) satisfies the registrar that their consent was given.

Some applications may be granted without a hearing

(2)   A registrar may make any of the following orders without a hearing:

(a) an order renewing a claim or a third party notice (see Rules 2 (7) and 5 (5.1));

(b) an order changing the date of the settlement conference (see Rule 7 (7);

(b.1) an order changing the date of a mediation session (see Rule 7.2 (11), 7.3 (30) or 7.4 (18));

(b.2) an order changing the date of a trial conference (see Rule 7.5 (5) or (6));

(c) an order extending the time for filing a certificate of readiness (see Rule 7 (10) or 7.4 (13));

(c.1) an order permitting a hearing to be conducted by telephone;

(c.2) an order directing that a party may attend a mediation session by telephone (see Rule 7.2 (14) or 7.4 (24));

(c.3) an order authorizing a person to attend a mediation session by telephone (see Rule 7.3 (25));

(c.4) an order changing the date of a trial (see Rule 9.1 (14) or 9.2 (4));

(d) an order permitting service of a notice of claim outside British Columbia (see Rule 18 (6));

(e) an order permitting another method of service (see Rule 18 (8) (a));

(f) an order exempting someone from paying fees (see Rule 20 (1));

(g) any other order that the registrar is authorized to make without notice to another party.

[am. B.C. Regs. 148/97, s. 14; 172/2003, s. 5; 286/2005, s. 4 (a) and (b); 360/2007, s. 13.]

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.

Registrar may prepare the order or refer it to a judge

(4)   The registrar may prepare, sign and record an order under subrule (1) or (2) or Rule 11 (10) or may refer the application to a judge.

[am. B.C. Reg. 148/97, s. 14.]

What the judge may do

(5)   If the application is referred to a judge, the judge may make the order or direct the applicant to appear before a judge to explain why the order should be made.

Some applications require a hearing

(6)   A judge may make any of the following orders after a hearing:

(a) an order changing the date of a trial (see Rule 4 (7) or 9 (6));

(b) an order permitting a third party claim to be made (see Rule 5 (1));

(c) a default order if no reply to a counterclaim or third party notice is filed (see Rule 6 (2)) or if an application is made under Rule 7.2 (25), 7.3 (40) or 7.4 (34);

(c.1) an order transferring a claim to the Supreme Court (see Rule 7.1 (1) (a) and (2));

(c.2) an order extending the time for serving an offer to settle (see Rule 10.1 (1) (b));

(d) an order permitting a late reply to be filed (see Rule 6 (8));

(e) an order for a medical examination (see Rule 7 (12) or 7.4 (15));

(f) an order setting a place for a trial (see Rule 7 (19));

(f.1) an order exempting a disputed claim from the application of Rule 7.2 (see Rule 7.2 (10)) or Rule 7.3 (see Rule 7.3 (29));

(f.2) a mediation compensation order (see Rule 7.2 (32) (b), 7.3 (50) (b) or 7.4 (41) (b));

(f.3) an order exempting a claim from the application of Rule 7.4 or exempting a party from attending a mediation session (see Rule 7.4 (7));

(g) an order cancelling a summons to witness (see Rule 9 (5));

(h) an order permitting a creditor to ask for a payment hearing (see Rule 12 (4));

(i) an order changing or cancelling an order made in the absence of a party (see Rule 17 (1));

(j) an order cancelling a default order or dismissal order (see Rules 7.2 (27), 7.4 (36) and 17 (2)), and if the application is granted the judge may order payment of any reasonable expenses of the other party related to the cancellation;

(k) an order changing or cancelling the terms of a payment schedule (see Rule 17 (3));

(k.1) an order postponing or adjourning a trial (see Rule 17 (5.1);

(l) an order extending or shortening a time limit (see Rule 17 (12));

(m) an order for failing to obey a rule (see Rule 17 (13));

(n) a review of a decision of a registrar (see Rule 17 (22));

(o) any other order that a judge has the power to make and notice of which is served on another party.

[am. B.C. Regs. 148/97, s. 14; 172/2003, s. 6; 286/2005, s. 4 (c) to (e); 360/2007, s. 14.]

How to apply to a judge

(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)).

Application may be filed at another registry

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

(a) all the parties agree, or

(b) the registrar is satisfied that the application is urgent.

Applicant must serve notice

(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.

Service not required in urgent cases

(10)   If satisfied that an application is urgent, a registrar may allow an application to be made under subrule (6) even though the other parties have not been served.

Where the application will be heard

(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

(a) all the parties agree, or

(b) the registrar is satisfied that the application is urgent.

Changing or cancelling orders made in the absence of a party
other than dismissal orders or default orders

(1)   A judge may change or cancel an order made in the absence of a party other than dismissal orders or default orders if

(a) that party applies (see Rule 16 (7)) within a reasonable time, and

(b) there is a good reason for changing or cancelling the order.

Cancelling dismissal order or default order

(2)   A judge may cancel a dismissal order or default order if

(a) the order was made

(i)  in the absence of a party, or

(ii)  for failing to file a reply, and

(b) the party applies (see Rule 16 (7)) and attaches to the application an affidavit containing

(i)  the reason the party did not file a reply or attend the settlement conference, trial conference or trial,

(ii)  the reason for any delay if there has been delay in filing the application, and

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

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

Terms of payment schedule may be changed or cancelled

(3)   The creditor or the debtor may apply to a judge (see Rule 16 (7)) to change or cancel the terms of payment in a payment schedule and the judge may make any order that the judge thinks is fair.

Judge may make orders subject to conditions

(4)   In making an order under these rules, a judge may impose any condition or give any direction that the judge thinks is fair.

Judge may cancel, postpone or adjourn trials and hearings

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

(a) to a specified date,

(b) to a date to be set by the registrar, or

(c) without setting a date.

Postponement or adjournment of a trial

(5.1)   A trial may only be postponed or adjourned

(a) under subrule (5), Rule 4 (7), Rule 7.5 (15), Rule 9 (6) or Rule 9.1 (19), (22) (l) (i) or (24), or

(b) if a party applies to a judge under Rule 16 (7) and the judge is satisfied that

(i)  the postponement or adjournment is unavoidable, and

(ii)  an injustice will result to one of the parties if the trial proceeds.

[en. B.C. Reg. 146/98, s. 3; am. B.C. Reg. 360/2007, s. 15 (b).]

Fee to postpone or adjourn a trial

(5.2)   A party who is notified of a trial date 45 or more days before the trial date and who applies under subrule (5.1) (b) or Rule 4 (7) to postpone or adjourn the trial must, if the postponement or adjournment is granted, pay the fee for resetting a trial unless

(a) the application is made 30 or more days before the trial date, or

(b) the claim is settled within the applicable period as described in subrule (5.3).

[en. B.C. Reg. 146/98, s. 3.]

Time to pay fee to postpone or adjourn a trial

(5.3)   The fee required by subrule (5.2) must be paid within

(a) the period of 14 days after the granting of the postponement or adjournment, or

(b) a longer period set by the registrar (see Rule 16 (3)).

[en. B.C. Reg. 146/98, s. 3.]

Failure to pay fee to postpone or adjourn a trial

(5.4)   If a party fails to pay the fee required by subrule (5.2), a judge may

(a) dismiss the claim if that party is the claimant,

(b) strike out the reply, counterclaim or third party notice and make a payment order if that party is a defendant, or

(c) make any other order the judge thinks is fair.

[en. B.C. Reg. 146/98, s. 3.]

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).]

Creditor may enforce order at another place

(8)   The creditor may take steps to enforce a default order or a payment order at a registry other than where the court file is if

(a) that registry is nearest to where the debtor lives or carries on business, and

(b) the creditor files at that registry a certified true copy of the order and an affidavit stating the amount still owing.

When orders take effect

(9)   An order takes effect on the day it was made unless otherwise ordered by the judge or registrar who made the order.

First and last days are not counted

(10)   In calculating time under these rules or an order, the number of days between 2 events is counted by excluding the days on which those events happen.

If the last day is a holiday

(11)   If the last day of a period of time for filing or serving a document or doing any other thing under these rules or an order falls on a day when the registry is closed, the time ends on the next day that the registry is open.

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.

If a party does not obey the rules

(13)   A party who thinks that another party has not obeyed these rules may apply to a judge under Rule 16 (7) or at a hearing, and the judge may make any order or give any direction that the judge thinks is fair.

Correction of orders

(14)   A judge may correct an accidental slip or omission in an order and may add provisions on expenses, interest or anything else that was not but should have been adjudicated on.

Judge has registrar's powers

(15)   A judge may exercise any power or perform any duty given to a registrar by these rules.

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.]

Faxed documents

(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.

Supreme Court Rules

(18)   Only the following Supreme Court Rules apply to proceedings under the Small Claims Act:

(a) Rule 6 (Persons Under Disability) except rule 6 (4);

(b) Rule 6 (4) (only as to personal injury cases);

(c) Rule 42 (4) (only as to writs of delivery) and (7) (Enforcement of Orders);

(d) Rule 46 (Detention, Preservation and Recovery of Property);

(e) Rule 48 (Interpleader).

Settlements involving young persons

(19)   A person (litigation guardian) who makes a claim for personal injury on behalf of someone under 19 years of age must act by a solicitor and may not settle the claim without the consent of the Public Guardian and Trustee.

[am. B.C. Reg. 172/2003, s. 7.]

How the parties may be represented

(20)   Any party who wishes to be represented in court may be represented by a lawyer or an articled student, or

(a) if the party is a company, by a director, officer or authorized employee,

(b) if the party is a partnership, by a partner or an authorized employee, or

(c) if the party is using a business name, by the owner of the business or any authorized employee.

Party may appeal the registrar's decision

(21)   If a party is dissatisfied with a decision of a registrar, the party may apply (see Rule 16 (7)) to a judge for a review of the registrar's decision.

What the judge may do

(22)   After hearing those parties who attend, the judge may confirm or change the registrar's decision.

Definition

(1)   In this rule:

"clerk" means a member of the registry staff;

"fax filing pilot project registry" means the Chilliwack, Cranbrook, Dawson Creek, Kamloops, Kelowna, Nelson, Penticton, Prince George, Rossland, Salmon Arm, Smithers, Terrace, Vernon or Williams Lake Small Claims registry.

[en. B.C. Reg. 10/2003, s. 1.]

Application of this rule

(2)   Despite rule 17 (17) and subject to this rule, if a registry is a fax filing pilot project registry, a registrar or clerk may accept any document in a filing that has been transmitted to the registry by fax, except the following:

(a) a certificate of service respecting an application for a default order;

(b) a certificate of judgment under section 88 of the Court Order Enforcement Act;

(c) an order under section 76 of the Offence Act;

(d) a director's order under section 22 (8) of the Residential Tenancy Act;

(e) an decision or order of an arbitrator or the director under section 57 (5) of the Residential Tenancy Act;

(f) a restitution order under section 741 of the Criminal Code.

[en. B.C. Reg. 10/2003, s. 1.]

When a fax filing may be refused

(3)   A registrar or clerk may refuse to accept a filing that is transmitted to a fax filing pilot project registry by fax for any one or more of the following reasons:

(a) the filing is not accompanied by a fax cover sheet in Form 20;

(b) the filing relates to more than one claim;

(c) the filing and the fax cover sheet exceed 20 pages in length and the registrar has not given leave;

(d) applicable registry services fees have not been paid;

(e) in the opinion of the registrar or clerk, the filing is illegible and cannot be used by the court;

(f) the filing is incomplete;

(g) the filing should have been transmitted to another fax filing pilot project registry;

(h) the filing does not otherwise conform to practice and procedure under these rules and any applicable enactment.

[en. B.C. Reg. 10/2003, s. 1.]

When a fax filing is filed

(4)   A filing that is transmitted to a fax filing pilot project registry by fax and received by the registry fax machine will be filed as soon as is practicable, provided that it has not been refused under subrule (3).

[en. B.C. Reg. 10/2003, s. 1.]

When a fax filing is considered to be filed

(5)   A filing that is transmitted to a fax filing pilot project registry by fax is considered to be filed on the date stamped on it by a clerk.

[en. B.C. Reg. 10/2003, s. 1.]

Original of fax filing may be required by judge

(6)   A judge may require that the original of a document transmitted to a fax filing pilot project registry by fax in accordance with this rule be produced.

[en. B.C. Reg. 10/2003, s. 1.]

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.

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.

[am. B.C. Reg. 188/99, s. 2.]

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).

[am. B.C. Reg. 188/99, s. 2.]

How to serve an unincorporated association and trade union

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

(a) by mailing a copy of it by registered mail to the registered office of the association, or

(b) by leaving a copy of it with an officer of the association, or in the case of a trade union, with a business agent.

[am. B.C. Reg. 188/99, s. 2.]

Service of a notice of claim outside British Columbia

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

(a) the person is

(i)  an individual who normally resides in British Columbia, or

(ii)  a corporation that has assets in British Columbia but is incorporated outside British Columbia and is not an extraprovincial company,

(b) the transaction or event that resulted in the claim took place in British Columbia, or

(c) the registrar gives permission (see Rule 16 (3)).

[en. B.C. Reg. 188/99, s. 2.]

How to serve a corporation outside British Columbia

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

(a) by mailing a copy of it by registered mail to a place of business or registered office of the corporation outside British Columbia, or

(b) by leaving a copy of it

(i)  at a place of business or registered office of the corporation outside British Columbia with a receptionist or a person who appears to manage or control the corporation's business, or

(ii)  with a director, officer, liquidator, trustee in bankruptcy or receiver manager of the corporation.

[en. B.C. Reg. 188/99, s. 2.]

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.

If there is difficulty finding a defendant

(8)   If a notice of claim cannot be served under Rule 2, the claimant may apply to the registrar (see Rule 16 (3)) who may

(a) permit another method of service to be used, and

(b) set the time limit for filing a reply.

When another service method is permitted

(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

(a) orders otherwise, or

(b) orders notice to be given by advertisement.

Effect of using another service method

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

Notice by advertisement

(11)   If a registrar permits notice to be given by advertisement, the party who obtained the order must pay for the advertisement.

Service of other documents or notices

(12)   Any document may be served on a person

(a) by following

(i)  Rule 2, if the person is not a corporation referred to in subparagraph (ii), or

(ii)  subrule (6.1), if the person is a corporation incorporated outside British Columbia but is not an extraprovincial company,

unless the document is a summons to a payment hearing or to a default hearing,

(b) by mailing it by ordinary mail to the person's address, unless the document is a notice of claim, a third party notice or a summons to a payment hearing or to a default hearing. (See Rules 2, 5 (4), 12 (7) and 13 (5)), or

(c) in accordance with Rule 69 (17) to (20) of the Supreme Court Rules as that rule applies under section 22 of these rules.

[am. B.C. Regs. 188/99, s. 2; 133/2005, s. 1.]

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;

(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.]

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.

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.

Consequences of refusing to comply at a hearing

(1)   If a person at a hearing before a judge

(a) refuses to be sworn, or to affirm or to answer a question,

(b) refuses to produce a record or other evidence,

(c) does not obey a direction of the judge, or

(d) repeatedly fails to attend court when summoned or ordered to do so and does not provide adequate reasons for failing to attend,

the judge may issue a warrant (Form 15) requiring the person to be imprisoned for a specified period of not more than 3 days.

If the claimant or applicant refuses to comply

(2)   If a person who does anything referred to in subrule (1) is

(a) the claimant or applicant,

(b) an officer, director or employee who is an authorized representative of the claimant or applicant, or

(c) a partner or a manager of a partnership that is the claimant or applicant,

the judge may dismiss the claim or application.

If the defendant or third party refuses to comply

(3)   If a person who does anything referred to in subrule (1) is

(a) the defendant or a third party,

(b) an officer, director or employee who is an authorized representative of the defendant or a third party, or

(c) a partner or a manager of a partnership that is the defendant or third party,

the judge may continue with the proceeding as if no reply had been filed.

Release from imprisonment for contempt

(4)   A person imprisoned under subrule (1) or Rule 13 (8) may apply to a judge who may order the person to be released on the conditions set by the judge.

If a person cannot afford the fees

(1)   Anyone who cannot afford the fees payable for registry services under Schedule A may apply to the registrar (see Rule 16 (3)), to be exempted from paying the fees.

Successful party to receive filing and service fees

(2)   An unsuccessful party must pay to the successful party the following expenses, unless a judge or registrar orders otherwise:

(a) any fees the party paid for filing any documents;

(b) reasonable amounts the party paid for serving any documents;

(c) any other reasonable charges or expenses that the judge or registrar considers directly relate to the conduct of the proceeding.

Determination of expenses

(3)   A judge may determine the amount of the expenses that are payable under subrule (2) or refer the matter to the registrar.

Registrar's determination

(4)   If a judge refers the matter to the registrar, the registrar must determine the amount of expenses as soon as practicable.

A judge may order a penalty

(5)   A judge may order a party to pay the other party up to 10% of the amount claimed or the value of the claim or counterclaim if the party made a claim, counterclaim or reply and proceeded through trial with no reasonable basis for success.

Compensation for unnecessary expenses

(6)   A judge may order a party or witness whose conduct causes another party or witness to incur expenses to pay all or part of those expenses.

Compensation for collection expenses

(7)   To compensate a creditor for the cost of collecting payment due under a default order or payment order, a registrar may order the debtor to pay expenses, limited to those in Schedule A.

Forms are in Schedule B

(1)   The forms in Schedule B must be used in accordance with these rules and the instructions on the forms.

Registrar may refuse to accept improper forms

(2)   A registrar may refuse to accept a document for filing if it is

(a) not in the form required by these rules, or

(b) not completed according to the instructions on that form.

Application of Supreme Court Rules

(1)   Rule 69 (1) to (3), (4) (a), (6) to (10), (12) to (14) and (16) to (20) of the Supreme Court Rules applies to a claim under these rules.

[en. B.C. Reg. 133/2005, s. 2.]

Qualifications

(2)   For the purposes of subrule (1) of this rule,

(a) a reference to Form 141 in Rule 69 (6) of the Supreme Court Rules, as that rule applies under subrule (1) of this rule, is deemed to be a reference to Form 28 of these rules,

(b) a reference to affidavits in Rule 69 (10) of the Supreme Court Rules, as that rule applies under subrule (1) of this rule, is deemed to exclude reference to affidavits of service under these rules, and

(c) a reference to address for delivery or delivered in Rule 69 (17) to (20) of the Supreme Court Rules, as that rule applies under subrule (1) of this rule, is deemed to be a reference to address for service and served respectively.

[en. B.C. Reg. 133/2005, s. 2.]

Original documents

(3)   A document that has been transmitted for filing electronically under subrule (1) may be treated by the registry for all purposes as an original document.

[en. B.C. Reg. 133/2005, s. 2.]

Repealed

(4)   Repealed. [B.C. Reg. 192/2007, s. (b).]