Financial Debt
Under $5000
Over $5000
Over $5000
Over $5000
At Robson Square court house in Vancouver, all claims up to $5,000, with the exception of financial debt claims under Rule 9.2 and personal injury claims, will be set for simplified trial during the evening.
At Richmond, all claims up to $5,000, with the exception of personal injury claims, will be set for simplified trial during the day.
A justice of the peace will hear your case in a one-hour simplified trial. The justice of the peace is an experienced lawyer and is also called an adjudicator.
In most cases, you can expect that the adjudicator will deliver his decision at the end of the trial. If you do not get a decision right away the adjudicator has 30 days from the end of the trial to deliver a decision.
The Robson Square court house in Vancouver or Richmond court registry will send you a notice showing the date of your trial, and a trial statement form (Form 33).
The trial statement form summarizes your case. Before the simplified trial the adjudicator will review the trial statement filed by you and the other parties. At least 14 days before the simplified trial, you must file your trial statement at the court registry. At least seven days before the simplified trial, you must serve a copy of the trial statement on each of the other parties.
To complete your trial statement follow the directions on the form. You can also find the form at www.gov.bc.ca –- type “court services” in the search bar. You must attach a statement of facts in date order, a calculation of the amount claimed, copies of the relevant documents, and a list of witnesses you intend to call with a brief summary of what each witness will say.
If you require the services of an interpreter, you must provide your own accredited interpreter. Your lawyer will usually arrange this. However, if you do not have a lawyer, the Society of Translators & Interpreters of B.C. (www.stibc.org/directory.php) has a list of interpreters for a specific language in your area. You must pay all interpreter's fees yourself (with the exception of a sign language interpreter), unless the court rules in your favour and directs that your court costs be paid by the other side in your case. However, even if the court does order this, you will still need to pay all interpreter fees in advance. You would be reimbursed for this expense later.
If you need more information, visit the Court Services Branch website to access more information about interpreters: http://www.ag.gov.bc.ca/courts/civil/info/interpreter.htm
At the beginning of the simplified trial, the adjudicator will ask you to take an oath or affirm that you will tell the truth. You or your lawyer will be asked to state the facts related to the claim, file any documents on which you rely, and respond to the other parties. The adjudicator may ask you questions, ask you to swear to the truth of your trial statement, permit witnesses, and allow you or your lawyer to ask questions of the other parties.
If you cannot make the date set for your simplified trial, you can request to have the date changed. The first step is to ask the other parties to agree to the change. If they agree, then you can file a consent order, with their written consents, at the Robson Square court registry in Vancouver.
If you are unable to reach an agreement with all parties, you may file an application to the registrar (Form 16) at least seven days before the date set for trial. The application must explain the reason you want to change the date and that you asked the other parties for their consent. If the application is granted by the registrar, a new date will be set for your simplified trial.
If you are the claimant, your claim may be dismissed. If you are the defendant, a payment order may be made against you.
For more information, see Small Claims Rule 9.1 or contact:
Vancouver - Robson Square Small Claims Court Registry
Telephone: 604-660-8989 Fax: 604-660-7095
Richmond Small Claims Court Registry
Telephone: 604-660-6900 Fax: 604-660-1797
