Financial Debt
Under $5000
Over $5000
Over $5000
Over $5000
Claims over $5,000 and up to $25,000 that did not settle at mediation, pursuant to Rule 7.4(8), or are exempted from mediation will be scheduled for a trial conference. After trial, a judge can also refer the case to a trial conference, pursuant to Rule 9.2(13)(c).
A judge hears your case in a 30-minute conference. At the trial conference, the judge will review the claim and determine the amount of time needed for trial. The judge may make other orders for the hearing of the trial. The judge may also decide on any issues that do not require evidence, dismiss claims which are without reasonable grounds or an abuse of the court’s process or give a non-binding opinion on the probable outcome of the trial.
The Robson Square court registry in Vancouver will send you a notice of trial conference that shows you the date of your trial conference. The registry will also send you a blank trial statement form for you to complete.
The trial statement is a form (Form 33) which summarizes your case. Before the trial conference the judge will review the trial statement filed by you and the other parties. At least 14 days before your trial conference, you must file your trial statement at the court registry. At least seven days before the trial conference, you must serve 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
The person responsible for presenting your case at the trial must attend. That may either be you as the party, your lawyer or your insurer (if your insurer is defending a claim made against you). You may also bring a lawyer or articled student with you. Witnesses should not attend.
You should bring your trial statement and the trial statements you received from the other parties. You should also bring your calendar because the judge may direct you to schedule a trial date.
If you cannot make the date set for your trial conference, you can request to have the date changed. The first step is to ask the other parties to agree in writing 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). The application must explain the reasons you want to change the date and that you asked the other parties for their consent. The application must be filed with the court registry at least seven days prior to the trial conference date. If the application is granted by the registrar, a new date will be set for your trial conference.
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 7.5 or contact:
Vancouver - Robson Square Small Claims Court Registry
Telephone: 604-660-8989 Fax: 604-660-7095
