Financial Debt
Under $5000
Over $5000
Over $5000
Over $5000
Trials are scheduled for all claims that are not resolved in a mediation session or a trial conference, as well for all claims that are exempted from mediation.
Your trial will be decided by a judge.
During the trial conference the judge will estimate the amount of time needed for the trial. Most trials in small claims court take less than two hours.
You should review the notice of claim, the reply(ies) and the trial statements that were filed by you and the other parties in preparation for the trial conference.
You will likely be the main witness for your case, so you should prepare what you will say. List the points that you will need to prove to win your case, and consider how you will prove each one.
In addition, if you have witnesses, you should discuss with your witnesses the questions you plan to ask at trial. To ensure your witnesses attendance, you may also have to issue a Summons to a Witness (Form 8), plus reasonable expenses.
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
Each party tells their own side of the case to a judge who makes a binding decision.
The judge may ask you questions, permit witnesses and allow you or your lawyer to ask questions of the other parties and their witnesses. The other parties may also ask questions of you and your witnesses. All people who give evidence will be asked to take an oath or affirm that they will tell the truth.
If you cannot make the date set for your trial, you can apply to a judge for a new date under Rule 16(7) by filing an Application to a Judge (Form 17)
If you are the claimant, your claim may be dismissed. If you are the defendant or a third party the judge may allow the claim and a payment order may be made against you.
For more information on the trial process contact:
Vancouver - Robson Square Small Claims Court Registry
Telephone: 604-660-8989 Fax: 604-660-7095
